Difference Protest

Upon presentation of the B/L, the cargo weight indicated in the Bill
of Lading (Shore figures) is to be compared with the ship’s ullage
measurement (Ship’s figures). In case of any deviation of B/L
weight from the ships figures, a difference protest is to be issued
and addressed to the Shipper. The protest is usually signed ‘for
receipt only’. If the Shipper is not available on board to receive the
protest, the Agent has to be given the protest in exchange for a
receipt stating his obligation to hand it over to the Shipper.

When the difference Bill of Lading - Ship’s figures in the discharge

port is more than 0.5% the surveyor will usually address an
appropriate protest to the ship. This protest should always be
signed ‘For receipt only’. Master is not to sign any B/L which
deviates more than 0.5 % from the ships figure without consultation
with the management office.

Deadfreight Protest

This protest is the basis for Owners deadfreight claim against the
Charterers, in the event that the shippers are unable to supply the
quantity nominated in the Notice of Readiness. It is important that
the form is filled in completely and delivered to the Shippers via the
Agent as soon as it is known that the nominated quantity is not /
will not be loaded.

Temperature Protest

Cargo loading temperature or temperature margins are agreed for

cargoes requiring heating. If the temperature deviates appreciably
from the agreed levels (usually +/- 10% of the allowed
temperature) a ‘temperature protest’ is to be issued against the
Shipper. If the maximum temperature agreed to is exceeded (e.g.
for phenol) even minimum excess temperature cannot be accepted,
depending on the product and conditions of stowage. A
‘temperature protest’ is to be issued. The management office is to
be kept informed. The Receivers will usually protest when the cargo
temperature is determined as too low or too high by the surveyor.

In case of cargoes requiring heating, the heating orders of the

Shipper or Owners must be followed to avoid protests and delays in
the port of discharge. Note that overheating can damage some
cargoes (Phenol, HMD).

Low loading or discharging rate protest

Depending on the total time for loading, a suitable protest is to be

directed to the Shipper if the loading rate is much too slow. Some
charter parties do have a minimum loading rate. In this case the
operator will inform you regarding the minimum loading rate. A
discharge rate (m3/h) is normally agreed in the charter party. The
Receiver will lodge a ‘discharge rate protest’, if the actual rate
seems too slow to him. All remarks have to be entered by the
Master

in the protest that could improve the position of Owners in a

possible claim. Such as, but not limited to the following:

 Back pressure too high

 Length of the landline
 Small diameter of the landline
 Difference in height between ship and land tank
 Product properties (viscosity)
 In case of heated cargoes: insulation of land line
 Shore stoppages.

Exceeding the maximum agreed quantity

If the maximum agreed cargo quantity is exceeded (min/max,
upper margin limit) by no more than 1% or 2 mts, this can be
accepted. If the limit is exceeded, the management office must be
informed immediately that necessary steps can be taken. The
following solutions are feasible: i) Protest

ii) Pumping back the excess cargo. 

Hague Rules, Article IV, rules 1-2 carriage of goods rule

Note of protest

A note of protest is a declaration made on oath before a person

empowered by law to witness such a declaration. It is a simple
statement of fact that, historically, preserved the right to reject
liability for damage (primarily to cargo interests) and was utilised by
average adjusters. A protest is usually made when the ship and/or
cargo is damaged or may have been damaged as a result of bad
weather or other circumstances beyond the control of the Master. 

Protest should also be noted in circumstances when the cargo is

likely to deteriorate or when a general average incident has
occurred which does not necessarily involve damage to the ship or
cargo. A note of protest should be made as soon as possible after
arrival in the first port after the incident giving rise to the protest.
The ship's P&I Club local correspondent should be able to advise on
local requirements in a particular port relating to the noting of
protest. 
Letter of Indemnity

A solution could be the discharge of the cargo against the issue of a ‘Letter of
Indemnity’ (LOI), provided the Owners have agreed to it. In such a letter the
Charterer or Shipper guarantees to hold the vessel/owners free of responsibility for
the consequences for delivering the cargo without the availability of an original B/L.