A Letter of Protest Sample and its Implications to Cargo Owners
A Letter of Protest Sample and its Implications to Cargo Owners article will help you understand when to send a letter of protest to a shipping line. So, you can ease your claims process.
What is a letter of protest?
A letter of protest is a written communication recording dissatisfaction on the part of one party, concerning any operational matter over which the recipient or other party has control. Also, the notice of claim is done by cargo interest (shipper, consignee, or even the insurer through an appointed surveyor).
More precisely, the notice should also invite the carrier for an inspection of the cargo.
Who is a Cargo Owner?
Cargo Owner means the owner of any goods and any bailor, not just a bailee consignor shipper consignee, but also other respective agents in relation to goods. Base on this article, basically a cargo owner is the consignee or the shipper. Also, this is the person who sells the goods and should make use of the letter of protest. Whether he/she is expecting damage to cargo or not.
The Hague and Hague/Visby Rules art. 3(6), states
Unless, a notice of loss or damage and the general nature of such loss or damage, be given in writing to the carrier or his agent at the port of discharge before or at the time of the removal of the goods into the custody of the person entitled to delivery. Thereof under the contract of carriage, or, if the loss or damage be not apparent, within three days, such removal shall be prima facie evidence of the delivery by the carrier of the goods as described in the bill of lading.
Today, It is almost impossible for cargo receivers to know if the cargo inside the container has damages within 3 days. Moreover, this is the primary reason why shipping lines reject any claim submitted after this period. Equally, claims submitted after the 3 days, are more difficult and take more time to recover.
In order to overcome this situation, shippers adopt an industry practice by notifying the shipping line before cargo arrival or within 3 days after discharge, by including the potential damage, and also inviting them to attend de-stuffing at the receiver’s warehouse with a sample letter of protest.
Regardless, of if the receiver appoints the surveyor or not, regardless of if the cargo has actually been damaged or not.
Equally, this notification legally puts the burden of proof on the shipping line to prove that cargo damage or loss was not caused by the carrier’s negligence, it serves as a protest in due form and acts as a timely survey invitation.
Finally, feel free to use the sample letter protest below for your shipments to notify the shipping line. By doing this, you particularly increase the receiver’s chances to receive favorable compensation substantially in case cargo appears to be damaged or lost.
Notice of Loss (Letter of Protest) Template
To: [Name of ocean carrier]__
|Bill of Lading No:|
|Bill of Lading Date:|
|Bill of Lading Quantity:|
Dear Sir or Madam
This is regarding the above-referenced shipment consigned to __ consignee name__. This is to advise that __loss/damage__ was sustained from the shipment, and we hold the ocean carrier and/or its representatives responsible for the __loss/damage__ incurred. The __loss/damage__ is detailed in the table below.
|Quantity||Loss/Damage Type||Container/Seal # (if applicable)|