For further details please refer to Gard News 175, Major cargo claims analysis.
2.12.5.1 General
The most likely types of damage to exposed general cargo are
• pre-shipment damage due to rough handling or unprotected storage ashore
• physical damage due to rough handling during loading or discharging
• physical damage due to inappropriate stowage and/or insufficient lashing or securing
• wet damage before, during loading and during the voyage due to defective hatch covers and gaskets
• heating damage due to insufficient storage ashore with resulting excessive
– temperatures during loading – fat content prior to loading
• heating damage due to storage of cargo on heated tanks.
2.12 Selected cargoes
Bagged cargo is likely to suffer damage
• during loading and discharge by – handling with hooks
– contamination by foreign matter – moisture from rain or snowfall
– high moisture content of the air in the cargo hold – use of stained, wet or contaminated dunnage
• during the voyage by
– inadequate stowage and/or insufficient lashing or securing causing a shift or collapse of the stow
– tainting – infestation
– wetting either due to defective hatch covers and gaskets or vessel’s internal leaks
– moisture from the ship or cargo sweat due to improper/
insufficient ventilation.
If bagged cargo becomes mouldy due to moisture ingress, some countries may deny discharge of the entire cargo and reject the same due to health and sanitary fears. Huge cargo claims may arise for non-delivery and the disposal of the rejected cargo incurs considerable costs.
All these types of damage are likely to result in claims by cargo interests against the Company and, subsequently, the P&I insurer.
Claims for shortage of bagged cargo are likely to be the result of improper and/or inaccurate tallies as well as pilferage.
Heavy items of cargo may shift during the voyage if not properly lashed, chocked or otherwise secured.
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2.12.5.2 Condition prior to shipment
The Master should carefully note the condition of the cargo prior to loading
• if possible an inspection of the cargo to be loaded should be carried out whilst the cargo is still ashore
• attention should be paid to the storage place ashore. It may be that the cargo has been exposed to rain or snow or affected by foreign matter during storage
• random samples of bagged cargo may reveal the actual condition of the cargo. For cargo samples to be taken please see section 2.12.2.9 Cargo sampling – dry bulk cargoes.
Any apparently defective cargo or cargo affected by external elements such as moisture, rust or foreign matter should be rejected and be replaced by sound cargo. Mate’s receipts and bills of lading may otherwise need to be claused – please see section 2.11.4 Signing bills of lading – letters of indemnity.
If the Master is in doubt about the condition of the cargo, the local P&I correspondent should be asked to assist.
2.12.5.3 Damaged cargo
For further details please refer to Gard News 180, When can a master refuse to load damaged cargo?
If cargo damage is noted after the cargo has been loaded into the vessel’s holds, the Master should try to
• unload the cargo
• obtain replacement cargo from the shippers.
2.12 Selected cargoes
If this cannot be achieved, the Master should collect as much evidence as possible by
• taking photographs
• taking witness statements.
If the Master is in any doubt, the local P&I correspondent should be called to assist
This principle applies to all cargoes which are loaded and which appear unsound, damaged or incomplete!
2.12.5.4 Damage caused by stevedores
In instances of apparent rough or unsafe handling by stevedores, the Master should
• interrupt loading of the cargo
• advise the stevedore company accordingly – verbally and in writing
• ask for the damage to be put right
• obtain a written acknowledgement of the damage caused.
The written acknowledgement from the stevedore company should be obtained on, for example, the stevedore damage form. Evidence should also be collected as to how the damage occurred.
The Hull and Machinery cover may be affected if there is structural damage to the vessel. If the stevedore company does not carry out repairs, the Master is advised to call in the Hull and Machinery insurer’s local correspondents to assist and to survey the damage.
When cargo is damaged by stevedores prior to loading, the bills of lading may need to be claused – please see section 2.11.4 Bills of lading.
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2.12.5.5 Photographic and video evidence
Photographs or video should ideally be taken of both the loading and stowage operations. This will provide evidence of proper loading and stowage to defend any claim from cargo interests.
Photographs and video must be properly marked and labelled with details of the location, date and time taken. Digital photographs must not be interfered with or be the subject of any processing, and, if possible, be stored on a separate clearly marked disc.
2.12.5.6 No loading during rain or snow
It is self-evident that loading should not take place during rain or snowfall. When rain or snowfall is expected, it will assist to keep a radar watch to enable the hatches to be closed in time. When loading in areas where sudden heavy rain rainfalls or showers can be expected (monsoon), only those hatch covers which are actually needed should be opened. If the Master is urged to continue loading during rain or snowfall, he/she should refuse, even if offered a
“rain” letter of indemnity by the shippers or charterers. If in doubt, the Master should request the attendance of the local correspondent.
2.12.5.7 Separation – marking of cargo
If the shipper or charterer requires separation of the cargo by, for example, paint marks, the Master should ensure that this does not cause any harm to the cargo which may give rise to claims against the Company and ultimately their P&I insurer.
2.12.5.8 Dunnage, lashing and separation material
For further details please refer to Gard News 173, Improper lashing and securing of cargo.
If dunnage is used, the Master should ensure that only dry clean wood, free from odour, is used to avoid damaging the cargo. Some dunnage provided to the vessel may need to be treated prior to being used due to health and sanitary provisions in some countries.
2.12 Selected cargoes
accepting any dunnage. If the dunnage delivered raises any doubts as to its suitability, the Master may consider asking for a certificate from the charterers as to the quality and moisture content of the dunnage.
If bagged cargo is to be loaded and dunnage is used, it may be advisable to use kraft paper, although kraft paper alone is often not sufficient; please refer to Gard News 174, The carriage of bagged rice from the Far East to West Africa.
If the cargo needs to be lashed or separated, suitable and sufficient lashing and separation material should be provided unless the charterparty provides that this is the obligation of the charterer. The Master should ensure that
• the cargo is loaded, stowed and lashed in such a manner that it can be carried without being damaged and without causing damage to other cargo – please see comment in section 2.12.5.3 Damaged cargo
• the lashing is in accordance with the vessel’s Cargo Securing Manual as approved by the flag State administration.
Failure to carry out any of the above precautions may result in cargo damage, which could give rise to a claim being presented by the cargo interests against the Company and the P&I insurer.
2.12.6 Heavy lift cargoes