LP information issued by the UK P&I Club
The UK P&I Club has been informed from their correspondent in Algeria about the recent bulk cargo discharge issues as follows:
It should be remembered that there is always a potential intransit loss of weight due to loss of humidity and dust. Under normal circumstances, the subsequent shortage, if any, should be confined at a very small percentage (below 0.5 %). However, when the cargo is discharged by means of non tight grabs, there is also a further shortage claim as a result of the cargo spillage during the discharging operations. The spillage can be even more aggravated when the trucks are overloaded and when the shore scale is too far from the pier.
In addition to these obvious causes of possible shortage, there are also other factors that may contribute to create a paper shortage:
– Lack of accuracy of the shore scale
– Lack of exactness when the weights are not accurately read and recorded at the shore scale.
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To face the problem, the steps to be taken during the cargo discharge should be as follows: 1st stage Preventing / mitigating any possible shortage claim prior to the ship’s departure. 2nd stage Resisting any shortage claim later and defending the case before a local court as efficiently as possible. |
Preventing / mitigating any possible shortage claim prior to the ship’s departure
In addition to a joint draft survey, the Club recommends a tally of the receiver’s trucks at the pier and at the shore scale for the purpose of:
- Hatch unsealing and empty hold inspections with receivers
- Making sure that all loaded trucks are duly weighed and recorded
- Making sure that the trucks are always weighed without the driver (or any other unusual weights)
- on board when they are empty as well as when they are full
- Making sure that the weights are read and recorded carefully
Defending the case
Experience has shown that the local courts are still more inclined to consider the findings of the receiver’s surveyor, based on the outturn of the shore scale. There is unfortunately no decisive defence against this attitude.
However, we have to defend the bona fide carrier by all means and we ought to gather as many arguments as possible. To this end, we would recommend a monitoring of the cargo discharge including the following:
- Performing a joint draft survey or at least an independent draft survey
- Collecting evidence by taking photographs of the cargo spillage from the grabs, hoppers and trucks when permitted in the port (consult the Club’s Correspondent)
- Inviting the receiver to note by himself the spillage of his cargo and to take the appropriate measures for preventing or minimising the loss
- Assisting the vessel’s Master in drafting appropriate letters of protest.
Before the courts, the draft survey findings cannot override the outturn of the shore scale. However, it is expected that the draft survey would at least give the court the feeling that the carrier was confident in his figures and had actually taken the relevant steps to check the quantity of cargo he was delivering.
Source: The UK P&I Club
