Riaz had this question about Note of Sea Protest
Does the production of a Note of Sea Protest absolve the shipping line of all the claim for damages the cargo may have purportedly suffered due to the rough seas recorded in the Note of Sea Protest and vetted by the port authorities, based on the log book, but not notarised?
How does one differentiate between such incidental damage and damage which may have been caused by negligent handling?
Why this important question remained unanswered for so long ?
No Experts to comment …??????
In my opinion, NOP does not absolve the liability exposed. Though it has been vetted through, still it is just some sort of Statement of Fact. Just to enhance the strength of NOP issued, suggest the aforesaid to be accordingly notarized by local Notary Public.
Subject to further argument between cargo interest / claimant at next stage, burden of proof lies within the carrier to justify that indeed cargo suffered losses due to rough sea / adverse weather. As such, it is highly recommended vessel to preserve the evident not limited to Deck Log Book entries only but including weather data / NAVTEX warning / photos…(some now even make amateur video recording of bad weather on board by mean of camera phone).
Perhaps with the duly collated evident + applicable Hague / Hague-Visby Rule (if only it applies in your case here), the carrier could defend well her position against any potential claim.
That is my opinion only, perhaps our blogger here, Mr Hariesh have different input / view to share with us. Tks.