Note of Protest Vs Letter of Protest

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Note of Protest vs Letter of Protest – Why, When and

Differences between NOP & LOP

Note of Protest
Note of Protest or a NOP is a solemn declaration made on oath
by a Ship Master that circumstances beyond his control have or
may have given rise to loss and/or damage to his ship or
its cargo or have caused him to take action which may
render owners liable to legal action by another party.

When to Note Protest?

1. Whenever during the voyage, the ship has encountered


conditions of wind and sea which may result in damage to
cargo.
2. When from any course, the ship is damaged or there is a
reason to fear that damage may be sustained.
3. When through the stress of weather, it has not been
practicable to adopt normal precautions. eg. ventilation of
perishable cargo.
4. When the cargo is shipped in such a condition that it is likely
to suffer deterioration during the voyage.
5. When any serious break of charter party terms is committed
by the charterer or his agent. Eg. unduly delaying loading,
refusal to pay demurrage or refusal to accept B/L in the form
signed by Master.
6. When Consignee fails to discharge cargo or take delivery
thereof and pay the freight in accordance with the charter
party of B/L terms.
7. In all cases of General Average. Please now General
Average is a mechanism of sharing the maritime burden by
all the stakeholders involved in a sea venture, which accounts
for the allocation of costs (and sacrifices) made in the
common interest of the vessel and cargo to protect the vessel
and cargo from risk. A classic example of the general
average is cargo jettison.

How to make Note of Protest (NOP)


Contact the agent and seek his assistance as the NOP is to be
made before a person in a capacity of rotary or somebody who is
legally empowered.

Total 3 originals of NOP are required: - 1 Original for the vessel


and 2 originals for the shipowner.

Protest should be noted as soon as possible certainly within 24


hrs of the arrival in port and in the case of cargo protest
before breaking bulk. Witnesses signatures may be required.
Supporting documents required:

1. Deck Logbook pages


2. Official Logbook pages
3. Weather Reports
4. Any Picture evidences
Sample Note of Protest
Why make Note of Protest
It is for the reason that NOP is readily available and can be used
in courts for arbitration purposes at a later date if required.

Extended Protest
At the time of noting protest, the Master should reserve the right
to extend it.
Since it is impossible to ascertain the full extent of a loss of
damage at the time of noting protest, an extended protest should
be made when relevant facts have come to light.

Letter of Protest
An LOP is a written communication intended to convey and
record dissatisfaction concerning some matter over which the
recipient has some control and holding the
recipient responsible for any legal or financial consequences
arising out of the subject matter being complained about.
It is always addressed to a named party. If the recipient refuses to
sign LOP, then another LOP can be issued stating that the
presented LOP has not been signed.

When to make Letter of Protest (LOP)?

1. Ship Shore differences in cargo quantity.


2. Rate of Loading/Discharging too slow or too fast.
3. Berth rendering arrangements are inadequate.
4. Shore workers misusing ship’s equipment and ignoring duty
officer’s advice.
5. Cargo not loaded in satisfactory condition.
6. Any delay caused.
Note of Protest (NOP) Letter of Protest (LOP)

Generally made in the cases Always made in cases where the

where nobody has any control recipient has some control over the
1.
over the subject matter being subject matter being complained

complained about. about.

Generally addressed as “To Always addressed to a named


2.
Whomsoever It May Concern”. Party or Person.

Supporting documents may be Supporting documents are not


3.
required while making a NOP. required while making LOP.

Signature of witnesses may be Signature of witnesses not required


4.
required while making NOP. while making LOP.

Has to be attended by a person

legally empowered to do so Attestation by a legally empowered


5.
according to the law of the land in person not required.

which it is being made.

6. It is sworn statement made under It is not a sworn statement.


oath.

There is no provision for the There is a provision for the


7.
signature of the recipient. signature of the recipient.

Generally should be made within


It should be made as soon as
24hrs of the vessel’s arrival at
8. possible after the event has
next port after the event has
occurred.
occurred.

Sample Letter of Protest


Situation Where there is a choice to make a Note of Protest
(NOP) or Letter of Protest (LOP)

1. If vessel made to sit out daytime and demurrage time.


2. If vessel ordered to go to any unsafe port or berth.
3. Whenever the vessel suffers damage due to whatever
reason.
4. After a serious breach of Charter Party. eg. Refusal to load,
refusing to accept B/L after signing because of causing by
Master, Cargo not of a type allowed by charter party.
5. After the consignee fails to take the delivery of cargo.

Difference between Note of Protest (NOP) and Letter of


Protest (LOP)
Download Attachments
  Sample Note of Protest
Sample Note of Protest
File size: 68 KB
  Letter of Protest
Sample Letter of Protest
File size: 62 KB

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