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P iclub

  1. 1. P and I club recommendation Page 1 CONTENTS CONTENTS 1 BASIC ADVICE 2 Always 2 Never 2 DEATH OR INJURY 3 General procedures 3 COLLISIONS AND PROPERTY DAMAGE 4 General procedures 4 POLLUTION 5 General procedures 5 CARGO LOSS OR DAMAGE 6 General procedures 6 At the loading port 6 Cargo can also be damaged during loading 7 BILLS OF LADING/CONTRACT OF CARRIAGE 10 General procedures 10 Typical discrepancies with bills of lading/contracts of carnage 10 Typical Problems 10 Golden Rules 10 Illegal Cargoes & Drugs (Smuggling) 11
  2. 2. P and I club recommendation Page 2 BASIC ADVICE In the event of an incident or allegation which gives, or may give, rise to a third party claim there are certain actions which you should always take and certain actions which you should never take. These actions arc listed on this page. The checklists, which follow, are designed to help you to remember what to do and who to call. Always Call your owner or broker; Investigate every allegation of injury or damage; Collect evidence or documentation relating to the incident, including any defective equipment store it in a safe place and label the pieces, of evidence throw nothing away; Take photographs of any damage or circumstances relating to the incident; Instruct witnesses to write a review of what they themselves saw or heard and to draw a diagram, if possible This should be done as soon as possible after the incident. Write personal notes about the incident yourself. Never Allow a surveyor or lawyer on board the ship or to interview crew members, until he has identified himself and produced appropriate authorization to satisfy you that he is acting for your owner or your P&I Club; Allow surveyors or lawyers acting for opposing parties on board, unless you have been authorized to do so; Give written material or physical evidence to opposing lawyers or surveyors. If in doubt, do not hand anything to anyone; Give a personal opinion as to who or what was responsible - keep to the facts; Allow crew members to express opinions; Admit liability, either verbally or in writing; Sign a document which you know contains incorrect information; Think the problem will go away if you do nothing.
  3. 3. P and I club recommendation Page 3 DEATH OR INJURY Whenever there Is a death, injury or wen an allegation of injury on board, or In the vicinity of the vessel, always Inform your owner or broker, regardless of whether the Injured person Is a crew member. General procedures Always investigates and completes an accident reports form; In the event of an injury following an accident; Notify your owner or broker; As well as completing the accident report, write a detailed description of what occurred; Ask a witness to write a detailed description of what they saw or heard. If ship's equipment or the ship's structure was involved in the injury, examine the equipment, take photographs of the place where the accident is said to have occurred (and record the time and the date of photographs), retain and properly label broken pieces. Afterwards, obtain a copy of the maintenance record of the equipment and any applicable tests; Conduct an inspection of the location where the accident occurred with the appointed surveyor or legal representative; Always keep detailed records of all medical treatment given on board and any independent advice received.
  4. 4. P and I club recommendation Page 4 Collisions and property Damage The P&I Club does not cover damage caused to the ship Itself - that is the responsibility of the hull underwriters. If a collision only results In damage to your ship, your P&I Club will probably not be Involved financially but it may assist the owner. However, the damage caused to the other ship in a collision may be insured by the P&I Club or by the hull underwriters or by both of them - P&I Clubs always insure liabilities resulting from collisions relating to pollution, personal injury, cargo and other property damage. The P&I Club often covers damage to docks and other fixed property, but sometimes this is covered by the hull underwriters unless expressly excluded in the owners terms. General procedures Alert your owner or broker and the relevant authority. Advise them of the other ship's name and port of registry, details of the property damaged, and the date, time and location where the incident occurred. Outline the extent of the damage, and whether pollution has occurred. The Club will invariably investigate the incident to find out the cause and who is to blame. To assist the Club you will need to assemble the following information: Instruct those on watch (on the bridge and in the engine room) and any other potential witness on board to make personal notes regarding the incident as soon as possible, but they should note down only the facts: Copies of navigation charts which detail courses and positions for a period of at least sixty minutes before the collision and rough bridge notes: Printouts, with times, from the GPS, course recorder, engine log, echo sounder; Rough bridge notebooks, radar, radio and weather logs; Standing orders/night orders; Details of information which may have been passed to a pilot Check the synchronization of bridge, engine rooms and other clocks; Take photographs of any damage to your ship and the other ship or dock: if possible, estimate the angle of blow, the ship's speed and the other ship's speed; Remember not to admit liability when questioned (in most collision cases investigated by the Club, both parties, to a greater or lesser extent, have been found to blame), and take special care to prevent unauthorized surveyors and lawyers from boarding the ship; Depending upon the damage caused during the collision. a survey of the ship's damage or of the cargo or an accident investigation may be necessary - your broker will arrange these surveys; If the damage has been caused by ship's wash, make a list of all other vessels which passed at or near the time of the incident.
  5. 5. P and I club recommendation Page 5 Pollution P&I cover is not limited merely to oil pollution; any pollution which originates from or Is caused by the ship is covered. If you see or suspect pollution from your ship, the (olden rule is to take action, no matter how small the pollution may be, even if you are not certain that your ship Is to blame. General procedures Suspend all pumping operations and dose all valves in bilge, ballast, bunkering and cargo systems; Inform port control, your owner or manager and P&I broker -ask for a surveyor; If possible, identify the source and cause of the pollution; Take photographs to show the extent of the spill; If possible, collect samples, seal and date them; If the pollution originates from a tank overflow, obtain the following information from whoever was involved and write it down: Sequence of events which led to the pollution; Pump start and stop times; Agreed pumping rate; Tank volume; Topping off procedure; Record of surroundings; If the pollution has been caused by failure of a ship's pipe, assemble details of recent examinations, maintenance or tests, plus a certificate if a flexible pipe.
  6. 6. P and I club recommendation Page 6 Cargo loss or Damage P&I Clubs do not directly insure the cargo for loss or damage but they do. Insure the shipowners or managers for their liability to cargo owners for loss or damage arising white the cargo Is In the custody of the ship. Good maintenance, careful handling, stowage and transportation prevent many cargo claims. General procedures At the loading port Cargo is often damaged before shipment If the damage goes unnoticed before the cargo is loaded and clean bills of lading are issued, receivers will claim against the shipowner for pre- existing damage There are different reasons for pre-shipment damage and you should look out for the following: Cargo loaded with debris or foreign bodies; Cargo damaged or in substandard condition when loaded; Cargo exposed on the quayside prior to loading. If cargo is being loaded which shows signs of damage - slop loading and call your owner or broker who will appoint a surveyor if appropriate. The cargo receipts may have to be claused; If water-sensitive cargoes are carried, note in the ship's cargo log the storage conditions prior to loading and method of delivery to the ship; If cargo is steel products, special care should be taken. A pre-loading survey should be arranged if the steel is in poor condition.
  7. 7. P and I club recommendation Page 7 Cargo can also be damaged during loading ✤ If cargo is being loaded during rain. stop loading and close the hatch covers. Note down the periods of rain when the hatch covers were open. It may be necessary to discharge wet cargo; ✤ If cargo is roughly handled by stevedores, protest and make a note of the damage; ✤ Make sure cargo holds or tanks are dean and ready to receive the cargo - where possible inspect the spaces before loading. The fact that holds are passed by surveyors representing charterers or shippers is not enough to relieve the ship of liability if the holds are not in fact suitable for the cargo; ✤ If sensitive cargoes are to be carried check stowage arrangements before loading: If loading oil products or chemicals, witness any sampling, review the results of any tests on the samples, store the samples in a secure location - check for contamination.
  8. 8. P and I club recommendation Page 8 Cargo can be damaged during the voyage because it has been slowed badly. ❂ Insist upon changes if stowage is inappropriate, unsafe or likely to damage cargo; ❂ Damage often occurs during the voyage because of moisture or because the stow shifts; ❂ Always supervise stowage, check lashings before departure, check with charterers for ventilation (only ventilate when you are sure the conditions are correct).
  9. 9. P and I club recommendation Page 9 At the discharge port If cargo is found damaged on arrival at the discharge port you should: ➤ Immediately call your owner or broker so they can arrange the attendance of a surveyor; ➤ Delay discharge until the nature and extent of the damage is found; ➤ If short-delivery or contamination is reported you will need a surveyor to witness any sampling or to calculate the shortage.
  10. 10. P and I club recommendation Page 10 Bills of Lading/Contract of Carriage This documentation is a record of the quantity of cargo and of its apparent order and condition at the time of shipment and, as such, is a VITALLY IMPORTANT DOCUMENT. Cargo damage or shortage claims can result from errors in the quantity and condition of cargo recorded on the bills of lading/contract of carriage. The document also represents the cargo itself and possession of the original document Indicates who is entitled to receive the cargo at the discharge port If you have any doubt about dealing with bill of landing/contract of carriage problems, call your broker immediately. General procedures Typical discrepancies with bills of lading/contracts of carriage Quantity of cargo incorrect Description of cargo incorrect Condition of cargo incorrect Check the details on the carriage documentation against tally sheets, mate's receipts, boat notes, draft surveys; Note on the document any details of damaged cargo, or short-delivered cargo, or any other discrepancies; It is not your job to decide whether the cargo is marketable, only to decide whether it is in apparent good order and condition, this is particularly relevant to steel cargo. Typical Problems Shipper objects to the carnage documentation being claused - notify your owner or manager and broker immediately; If you suspect that the agents have signed documents on your behalf without checking the receipts or without noting on them any remarks which are in the receipts - inform your owner or manager immediately. Golden Rules ! Never sign wrongly dated documentation; ! Never sign clean freight contracts for damaged cargo or for cargo which is not in apparent good order and condition; ! Never sign documentation for cargo which has not been loaded; ! Always call your broker if you have any problem with the condition and quality of cargo or with the documentation; ! Never deliver cargo to a third party without presentation of the original documentation; ! Never discharge cargo against a letter of indemnity without your owner's. manager's or broker's agreement
  11. 11. P and I club recommendation Page 11 Illegal Cargoes Drugs (Smuggling) The Club may cover fines for illegal cargoes and drugs discovered on board. If illegal drugs or substances are discovered: Inform your owner or manager the appropriate authorities and your broker immediately; Photograph the illegal substances in their place of concealment: Ensure that retrieval of the illegal items and stowage in a secure place, preferably in the ship's safe. is witnessed, Minimize all contact with the illegal substances and if drugs, DO NOT attempt to taste or smell them; Record full details of the discovery and subsequent procedures in the logbook, and follow this up with a full written report.