Một số mẫu kháng nghị hàng hải ( Letter of protest)

Date Date 02 Nov 2019 Port Rosario, Argentina To DREYFUS ARG To Whom it may concern Protest Letter for Cargo Shortage Dear Sir or Madam, In accordance with the terms and conditions of the Charter Part.

Date: 02 Nov 2019

Port: Rosario, Argentina

To: DREYFUS ARG

To: Whom it may concern

Protest Letter for Cargo Shortage

Dear Sir or Madam,

In accordance with the terms and conditions of the Charter Party applicable to this voyage and thesailing instructions, the vessel ordered DREYFUS ARG to provide on board 50,500 metric tons ofSoyabeanmeal in Bulk and had provided cargo space on board sufficient to load the quantity as soordered accordingly

Upon the completion of loading at this port on 02 Nov 2019/ 11:30 LT, the total cargo loaded onboard was found to be 46,650 metric tons by shore’s figures corresponding to her max allowedsailing draft of 9.91mtr

Therefore, I, Captain DINH VUONG TRUONG, the Master of the M.V NAVIOS MARCO POLO holdall of you fully responsible and liable for loss of freight or other result whatsoever due to and/or inrelation to the alleged shortage of 3,850 metric tons of Soyabeanmeal in Bulk as the above-mentioned

For and on behalf of all the owners of M.V “NAVIOS MARCO POLO”

Copy to: owners, ship manager, charterer

Date: 30 Oct 2019

Port : Rosario, Argentina

NOTICE OF DEADFREIGHT

To: DREYFUS ARG

To: Whom it may concern

Dear Sirs/Mesdames,

This is to inform all parties that I, Capt Dinh Vuong Truong, Master of MV NAVIOS MARCO POLO

herewith confirmed the following that the vessel completed loading cargo of Soyabean meal in bulk at time 0840H LT/ 1140H GM T on the 30 Oct 2019 at XXXXXX.

Upon the completion of loading at this port THE ACTUAL CARGO LOADED ONBOARD As per the

Shore’s Figure is 45,350 MT with balance cargo to load of MT.

We had declared cargo quantity to load as 50,500 MT of Soyabean meal in Bulk, based on

pre-booked Cargo Quantity and as per Charter Party Contract OUR STOWAGE PLAN was prepared accordingly

whatsoever due to and/or in relation to the alleged shortage of 200 metric tons of

Soyabean meal in Bulk as the above-mentioned.

Yours faithfully,

(Signature) (Signature)

- Master of M/V NAVIOS MARCO POLO [Shipper/Charters/Agent]

-(Signature)

-

For and on behalf of all the owners of M.V “NAVIOS MARCO POLO”

Copy to: owners, ship manager, charterer

During the course of hold inspection at Rosario, the Surveyors unreasonably try to find anysmall object of cargo hold to make trouble, they used hand sharp tools to scratch tank topthe holds No.2, 4, 6 (These tank tops are bare-steel metal without painting coat and alreadyde-rusted, hose washed, wiped, and was dry, clean without any flaking of) but inspectorssaid it is not very clean and residue of last cargo which is clear kind of harassment reasoning

of unscrupulous Hold Inspectors They alleged a little black and yellow colour and they saidthat this is from previous cargo residue Other holds they nothing to say but immediatelyfailed holds

Although intermediate INTERTEK accepted cargo holds condition at this port

Basing on our daily hold cleaning report and pictures that were sent to you, the cargo holdswere diligently and properly prepared, holds were clean, dry, odorless, free from rust scale,free from insects and free from residue of previous cargoes and ready for grain loading Obviously the causes of hold failure were neither because of ship’s rust scales nor because

of flaking paint but because of dishonest hold inspection

Furthermore, as indicated in many of our previous messages and daily hold cleaning reportsent to all parties concerned that my crew have done all our best eforts to comply with

Charterer’s Hold Cleaning instruction with all available means, resources readily onboarddespite of the adverse weather experienced during hold cleaning

The failure of the holds lies with Surveyor’s discernment and was beyond Master’s control

We refuse this fabricated and imaginary cause of hold failure

Cargo residues and Rust Scale were highlighted as the cause of hold failure as you are wellaware that it is customary in this port that the Master is forced, pressured and harassed togive in to the DEMANDS of the CARGO HOLD SURVEYORS that a certain FEE MUST be given

to them in order to pass the inspection, with accompanying threat(veiled or direct) of makingproblems (perceived/fabricated or imaginary) as per aforementioned

As you understood surveyors failed the holds, which is not unusual in this Country We havemany experiences in preparing cargo holds for loading Grain standard at Vancouver(Canada), Alama(USA), Nueva Palmira(Uruguay), Santos, Sao Francisco Do Sul, Macapa,Ponta da Madeira( Brazil), Brisbane, Newcastle, Port of Lincoln (Australia)…these holdscondition are OK and were passed in 1st inspection

I, attest Master and the crew have applied all means of safeguarding the vessel and thecargo holds as per our report and holds photos sent as primal face evidence to yourrespective office

Fearing that any party or all parties that may concern will claim related to down time, time lost and hiring of Shore Labor ,

I hereby enter this Note of Protest to protect myself, the vessel, her crew and her owners against all possible claims orconsequences of whatsoever arising from said hold failure, reserving the right to extend the same at any time and placeconvenient

Yours faithfully,

Master of M.V Navios Marco Polo/ Capt Dinh Vuong Truong

(Signed and stamp)

=================================

To: CARGILL

Cc: KOWA MARINE

M.V “NAVIOS MARCO POLO” Port of: Rosario, Argentina

On 24th Oct, 2019/ 0255LT the Custom, Sub-Agent, and 3 Surveyors Officers (02-SENASA and 01-Intertek Surveyors) came on board for formalities, garbage inspection and cargo holds inspection

Protection’s agent with 3 Surveyors climbed inside of cargo holds for inspection with Ship’s Officers and crews.

After completing inspection of vessel’s Garbage Store/Space, which is properly segregated/compressed and stored as per vessel’s Garbage Management Plan with total amount on board only 1.2 Cubm in comparison to her total storage capacity of 3.0 Cubm, they determined that garbage must be landed without any clear ground.

Fearing that any party or all parties that may concern will claim related, I hereby enter this Note of Protest to protect, served and avail myself, the vessel, crew and its Owners against all possible claims that may arise therefrom.

Yours faithfully,

Master of M.V Navios Marco Polo

Capt Dinh Vuong Truong

(Signed and stamp)

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To: LOUIS DREYFUS COMPANY FREIGHT ASIA PTE LTD

Port : ROSARIO, ARGENTINA

To: WHOM IT MAY CONCERN

I, Capt Dinh Vuong Truong master of MV “ Navios Marco Polo “, hereby confirmed the

following and file my protest for future reference:

That the above-mentioned vessel under my command has completed loading ofSoyabeanmeal in bulk at 0500hrs LT02 NOV 2019in the port of ROSARIO, ARGENTINA and

the cargo loaded onboard was revealed as follows:

Diference : 50.000

In view of the above diference and failing to make an appropriate remarks on the Mate’sReceipt accordingly due the quantity of the Bill of Lading will be by shore scale figures

therefore, I hereby hold myself, the vessel, her officers and crew and her Owners, NOT

responsible for any results of short-landing at discharging port or whatsoever claims of anynature arising from the said discrepancy as may be presented and reserving the right toextend the same at any time and place convenient

Sincerely Yours,

Capt Dinh Vuong Truong

Master: M/V NAVIOS MARCO POLO

Accepted by:

Dear Sir/ Madam

To, Agents / RIVER MARITIME Nueva Palmira

In consideration of the fact that the bills of lading covering the cargo loaded, or to be loaded, on myvessel at this port will not be presented to me for signature before the departure of my vessel, I

authorise you to sign bills of lading on my behalf, subject always to the following conditions:

1 Prepare the bills of lading in strict conformity with the mate receipt and without prejudice tothe terms, conditions and exceptions contained in the governing Charter Party dated 13 June2019

2 That the said bills of lading are to bear the date on which loading of the cargo concerned wascompleted Under no circumstances are they to be dated earlier or later than the date ofcompletion of loading

3 Please note that you do not have authority to sign any bill of lading which does not specificallyincorporate all terms, conditions and exceptions of the charter party

4 That the said bills of lading are in all other respects to conform fully with all instructions youmay have received from the owners or managers of my vessel

5 This authorisation is valid for the present call of my vessel at this port only and may bewithdrawn or amended at any time

6 This authorisation may not be assigned to any other party

Any bills of lading signed by you which do not comply with the above conditions will be deemed tohave been signed without authority

Should you encounter any difficulty in complying fully with the terms of this authorisation, you arehereby instructed to contact the managers of my vessel

For acknowledgement

Date: Sept 15th, 2019

Port : Beihai, China

LETTER OF PROTEST

To: Whom it may concern

To: Messrs.’ (Agent)

Cc: Other parties involved

Dear Sirs/Mesdames,

This is to inform all parties that I, Capt Dinh Vuong Truong, Master of MV “NAVIOS MARCO POLO”,herewith file this Protest Letter due to possible discrepancy in discharged cargo quantity at BEIHAI (TIESHAN) as declared by the Receivers and/or their Appointed Cargo Surveyor/s and/or Representative/s based

on their draft survey result against the discharged cargo quantity as determined by vessel’s representative’s(Chief Officer) own draft survey

Cargo Type/s: URUGUAYAN SOYABEANS IN BULK

Cargo Quantity: ????????? MT (Receiver Appointed Cargo Surveyor/s)

60,733.00 MT (Ship’s Figure / Vessel’s Representative) (B/Ls Figure:60,732.583MT)

?????? MT (Discharged Cargo discrepancy)

That during the Initial & Final Draft Survey conducted jointly by Receiver Appointed Cargo Surveyor/sand Vessels’ responsible Officer/Representative upon subject vessel’s berthing at Beihai, the two parties couldnot agree on the dock water density reading of about 1.0170 being taken and they have used 1.0140 thatresulted the two different figures, each one having his own initial/final draft surveys

In view of the aforementioned facts, I have caused this Letter of Protest to be issued absolving andkeeping harmless the Vessel, her Officers and Crew and/or her Owners from any and all future or immediatecosts or consequences of whatsoever claims of any nature arising from said discrepancy in discharged cargoquantity as may be presented, reserving the right to extend the same at any time and place convenient

Attached photos Dock Water Density

Yours Faithfully,

Capt Dinh Vuong Truong

Master / MV “NAVIOS MARCO POLO”

Acknowledge Receipt:

_

CHINA OCEAN SHIPPING AGENCY BEIHAI (PENAVICO BEIHAI) /As Agents Only

CARGO HOLD EMPTINESS CERTIFICATE

PORT : (Discharge Port)

DATE : (Date Accomplished)

VOY # : (Voyage Number)

THIS IS TO CERTIFY THAT M.V " (VESSEL’S NAME) " CARGO HOLD (s)

NO

(Hold#1,2,3,4,5 ,6,7)

WERE INSPECTED AND FOUND EMPTY AFTER COMPLETION OF DISCHARGING

(NAME OF CARGO DISCHARGED) AT TIME ( Time Inspected) HRS.

ON

(Date Inspected)

THEREFORE, ALL CARGOES WERE DISCHARGED TO RECEIVER’S SATISFACTION AND IN

ACCORDANCE WITH THE BILLS OF LADING - Cargo said to weigh:(quantity &

description as per B/L),

AND THAT NO CARGO REMAINS ON BOARD.

SIGNED: ATTESTED BY:

Chief Officer / Master Agent / Receiver

M.V “NAVIOS MARCO POLO” Port of: Diamante, Argentina

Basing from our daily hold cleaning report and pictures that were sent to you, vessel’s cargoholds are clean, dry with clean bilges, without smell, free from rust including ladder, lowerhoppers and lower bulkheads, and free from any previous cargo residue and water, free frominsects ready to load the intended cargo But during inspection, the Surveyors want to try tofind any small object of cargo hold (perceived/fabricated or imaginary) to make trouble, theyused white glove to strong wipe in the behind of frames and tank top the holds No.4, 5, 6, 7(This tank top no paint, but we already de-rust, air hose, and then washing very clean) butinspectors said it is not very clean and residue of last cargo which is clear harassmentreasoning of unscrupulous Hold Inspectors They alleged a little black and yellow colour onthey glove and they said that this is from previous cargo residue (We already explained tothem this is colour on surface of steel plate only) Other holds they nothing to say butimmediately failed holds And at lower hoppers in all cargo holds, we already carefully de-rusted and painting all over all lower hoppers, but some place inspector using very sharpscraper with very strong force by hand for checking, only very small paint (not rust scale )come out but they said it is rust scale

Furthermore, as indicated in many of our previous messages and daily hold cleaning reportsent to all parties concerned that my crew have done all our best eforts just to comply withCharterer’s Hold Cleaning instruction with all available means, resources and whatevercleaning materials readily onboard despite of the adverse weather experienced during holdcleaning Thus failure of the holds lies with Surveyor’s discernment and beyond Mastercontrol Cargo residues and Rust Scale were highlighted as the cause of hold failure however

we refute this cause of failure as you are well aware that it is customary in this port that theMaster is forced, pressured and harassed to give in to the DEMANDS of the CARGO HOLDSURVEYORS that a certain FEE MUST be given to them in order to pass the inspection, with

accompanying threat(veiled or direct) of making problems (perceived/fabricated orimaginary) as per aforementioned.

As you understood surveyors failed the holds, which is not unusual in this Country We havemany experiences in preparing cargo holds for loading Grain standard at Vancouver(Canada), alama(USA), Nueva Palmira(Uruguay), Santos, Sao Francisco do sul, Macapa, Ponta

da Madeira( Brazil), Brisbane, Newcastle, Port of Lincoln (Australia)…these holds conditionare OK and were passed in 1st inspection

Therefore we proved false the cause of hold failure and not of ship’s scales nor hard rust andnot due to crew poor hold maintenance but because of Hold Surveyors clear intent to fail ourholds beyond our control, therefore Clause 51 of our governing Charter Party Agreementshould prevail I, attest Master and the crew have applied all means of safeguarding thevessel and the cargo holds as per our report and holds photos sent as primal face evidence

to your respective office

Thus fearing that any party or all parties that may concern will claim related to down time, time lost and hiring of ShoreLabor, May I hereby enter this Note of Protest to protect, served and avail myself, the vessel, crew and its Owners againstall possible claims that may arise or any default to reject our cargo holds which is beyond Master's control thus absolvingand keeping harmless my vessel or Owners from any and immediate costs or consequences of whatsoever arising fromsaid hold failure

Yours faithfully,

Master of M.V Navios Marco Polo

Capt Tran The Chinh

(Signed and stamp)