CASE STUDY ON A BULK CARRIER

FACTS

·         Subject vessel was employed on long-term Time-Charter and was further under a Trip sub-Charter during the material time. 

·         She loaded about 30,000 MT cargo comprising of 3 grades of bulk grain at a port in Argentina for discharge at Casablanca, Morocco.

·         No Surveyor was appointed by sub-Charterers or Shipper at the port of loading for Draft Survey.
Prior to and on completion of loading, the Vessel carried out draft survey as per usual practice and noted a shortage of 152 MT (being about 0.6% of total cargo loaded) as compared to Shore Scale figure.

·         The Master prepared a Note Of Protest (NOP) letter which was e-mailed to all concerned, including the sub-Charterers, Head-Charterers, Head-Owners and Port Agents (nominated by sub-Charterers).

·         Master issued CLEAN Mate's Receipts (MR) as presented by Shippers with cargo quantity as per Shore Scale and without any mention of Ship’s Figure as per Draft Survey carried out by Vessel.
Master further provided standard Letter Of Authority (LOA) to the Port Agents for issuance of Bills of Lading (BL) on his behalf. Amongst other things, this letter stated that BL to be issued “in accordance with MR”.

·         Accordingly CLEAN B/Ls was issued by the Port Agent on Master's behalf with cargo quantity as per Shore Scale.

·         Vessel arrived at discharge port in Morocco and had to await discharge berth for several days however on Vessel’s arrival at anchorage itself (and before vessel berthed or any Draft Survey could be conducted or discharge commenced), Cargo Receivers lodged a claim of US$ 36,000 on Head-Owners for alleged cargo shortage with quantity tallying exactly as per NOP issued by the Master at load-port, being the difference between Shore Scale and Draft Survey figures.

·         Incidentally, the sub-Charterer, Shipper and Consignee were all sister-concerns.

ANALYSIS:

·         Whether the Vessel is under Time Charter or further Trip/Time sub-Charter, the Bill of Lading is ALWAYS issued by the carrier (Vessel) who remains ultimately responsible for delivery of the cargo quantity/quality to the consignee/receiver/notify party named therein.

·         In this case, the Master issued a NOP but also CLEAN MRs without mentioning Draft Survey quantity which was short of Shore Scale quantity.

·         The NOP was Master's own admission of short receipt of cargo at load-port which the Consignees/Receivers used to their advantage at the discharge port in claiming damages from the Vessel/Owners.

WAY FORWARD:

1.       Cargo Quantity to be stated on MR/BL:

On receipt of Voyage Instructions from Charterers/sub-Charterers, the Master must check in it whether the cargo quantity to be stated on MR/BL would be as per Shore Scale or as per Draft Survey.

If not clearly mentioned in the Voyage Instructions, the Master must expressly check with Charterers/sub-Charterers on this account and seek absolute clarity.

2.       Draft Survey:

·         Sometimes Charterers/sub-Charterers/Shippers/Consignees arrange for their Draft Surveyors at the load and discharge port. When the Surveyor comes on board, and prior commencing the Draft Survey, the Master must seek his details (Name/Company) and which party is he representing. In such cases, the Draft Survey must be performed jointly (Surveyor and Vessel) and same agreed upon accordingly. The Draft Survey Report must be jointly signed by the Vessel and the Draft Surveyor, who must state all the details (Name, Company Name, Party being represented etc.) along with Surveyor's Signature/seal.

·         Should there be any disagreement between the Vessel and the Draft Surveyor, no efforts must be spared to resolve same amicably on board however should disputes remain unresolved,the Master must contact Owners immediately by telephone followed by sending full details by e-mail. It is important that Owner's P&I Club correspondents at the load port are immediately notified, either through the Owners or directly by the Master in case of emergency, and their attendance requested.

·         Even if no Surveyor is appointed by any external parties, Vessel must, in all cases, carry out Initial and Final Draft Survey on her own per usual, to determine cargo quantity loaded (at load port) and discharged (at disport).

3.       Discrepancy between Shore Scale Figure and Draft Survey Figure:

a)      At Load Port:

·         Though ideally both these figures must tally, it is not uncommon for there to be some difference between them.The reason for these could be many, such as Shore Scale not correctly calibrated or Draft Survey in error due to rough sea/swell conditions at berth/anchorage, etc.In spite of best efforts, if discrepancies do exist, same must be clearly stated on MR/ BL. However in most cases, it is a requirement to issue CLEAN MR/BL and the Shipper and/or Agents may refuse to accept MR/BL claused to such effect.In such cases and especially in every case when the discrepancy exceeds 0.5% of the total cargo quantity, Master must contact Owners immediately by telephone followed by sending full details by e-mail. It is important that Owner's P&I Club correspondents at the load port are immediately notified, either through the Owners or directly by the Master, and their attendance requested. The Correspondents are expected to be aware of and appreciate the local issues and are expected to effectively sort out the matter without compromising Vessel/Owner's position, and this needs to be done prior Vessel's departure from the load-port.

b)      At discharge port:

·         It must be remembered at all times that the Vessel/Owners remain responsible for delivery of cargo as stated in the BL. Regardless of the number of Charterers or sub-Charterers in the chain, nothing dilutes this position. This applies as regards cargo quantity/quality as also the party to whom it is delivered.

·         Vessel must NEVER break and commence discharging of the cargo unless in receipt of "duly discharged" ORIGINAL  BL or unless the Owners specifically instruct the Master to commence discharging in absence of ORIGINAL  BL on the basis of Letter Of Indemnity (LOI) issued to them by the Head-Charterers. A reminder message for surrender of ORIGINAL BL on arrival at disport must be sent by the Vessel to Port Agent several days ahead of Vessel's ETA at disport.

·         Total cargo discharged at disport may be arrived at basis either a Draft Survey or based on Shore Scale. Once again, the Draft Survey must show the cargo quantity to closely match the figure stated on the BL; else there could be Customs Penalties imposed on the Vessel/Owner (for mis-declaration as in case of excess cargo on board than stated on BL) or claims lodged by Receivers/Consignees on the Vessel/Owner (as in subject case of shortage of cargo discharged than stated on BL).

·         On completion of discharging, Vessel must obtain (1) Empty Hold Letter and (2) Total Cargo Discharged (quantity) Letter signed by Stevedores/Port Agents.

Should Vessel be presented with any letter(s) by Stevedores/Consignees-Receivers/Port Agents stating short discharge, Master must immediately contact Head-Owners by telephone followed by sending full details by email. Once again, in such cases, it is important that Owner's P&I Club correspondents at the load port are immediately notified, either through the Owners or directly by the Master, and their attendance requested. The Correspondents are expected to be aware of and appreciate the local issues and are expected to effectively sort out the matter without compromising Vessel/Owner's position, and this needs to be done prior Vessel's departure from the disport.

#pinoyseafarer

Someday I will see this place Golden Gate Bridge

There was once a boy who lived with his family in a hill. Before going to school, he need to put the farm animals in the pasture, eat breakfast, go to Daya (East) where the well was located to take a bath then must come back from the well with buckets of water for household use.

From their house on the hill, he walk a considerable distance to reach the elementary school. The sang-atan, steep dirt road, become muddy and slippery during the rainy season and dusty the rest of the year. Walking the sang-atan (uphill path) during rainy season was very difficult. If he chooses the path through Uncle Paeng's house, he will pass through thick forest. In some instances snakes are hanging on the trees and slithering on the ground.

Sometimes he bought farm produce to school to sell to the teachers to augment his pocket money or for buying his lunch meal. He usually wrap his school supplies in plastic bags before putting it in his bag to avoid getting wet by rain.

During those days, school notebooks front covers that can be bought in the public markets were those of movie celebrities, cartoon characters and famous places. He once have a notebook with the famous San Francisco Golden Gate Bridge as its cover. He said to himself, "Someday I will see this place."

Though the boy's dream of seeing the iconic bridge took years to realized, he finally can say to himself, "YES! I have seen it!"

P.S.

Bonus - Alcatraz in the background.

#pinoyseafarer 

original post from this link - https://www.facebook.com/photo.php?fbid=1623900460979644&set=a.417438611625841.82049.100000791176520&type=3 

San Francisco, California.

March 17 at 8:46pm · 

Happy New Year Kap, pautang!

Matapos ang Pasko at Bagong Taon tunghayan natin ang isa sa mga madas na usapan ng kapwa marino sa private message ng Facebook:

Marinong Nakabasyon: “Sir, Kamusta na? Saan po kayo ngayon? Happy New Year!”

Marinong Onboard: “Ok lang sir. Nandito kami sa Melbourne Inner Anchorage, naghihintay ng berthing schedule. Happy New Year too!”

Marinong Nakabasyon: “Sir, pautang.”

SEEN ZONED

Sino sa inyo mga kabaro ang nakakarelate sa ganitong usapan?

Una muna,  Happy New Year To All Seafarers and Their Families!

Ikaw na onboard na hindi nakapag Pasko at Bagong Taon sa Pilipinas ay kuntento na lamang sa pag like like at comment sa mga posts ng mga dating kasamahan sa barko na nakauwi. Ang dami nilang mga (selfie at groupie) pictures sa kanilang mga out of town or out of the country tours, pagkain sa mga mamahaling restaurants or handa sa kanilang hapag kainan. Masaya ka para sa kanila kasi kasama nila sa mahalagang okasyon ang kanilang mga kaibigan at mga mahal sa buhay.

Tapos na ang Christmas vacation, paubos na rin ang pera, marami na ulit ang nagbabaka sakali na makasakay agad kaya balik sa Pambansang Tambayan ng mga Pinoy Seafarers sa Kalaw Avenue na malapit sa National Library. Ang iba naman ay nag re-reach out na sa dating mga kasamahan sa barko. Ganito na lang ba palagi ang buhay ng mga marino? Ayaw ni Sir Arjay Magpantay, aka Pambansang Marino, ng ganyan.

Live within your means and within your seams.

Sa Filipino, “Kung maiksi ang kumot, matutong mamaluktot.”

Hindi naman masama ang maglibang at maghanda, pero kung pagkatapos mong i-post sa social media ang mga pinaggagawa mo at ng iyong pamilya; tapos pagdating ng bagong taon ay mangngungutang ka, eh paano yan, buong taon kang mang-ngungutang.

Meron dyan, mabilis mang-utang, sasabihin kung anong buwan magbabayad, pero hindi sasabihin kung anong taon. Nagsama lang kayo ng ilang buwan sa barko pero ang utang, inabot ng ilang taon. Yun ang mga kabaro na nakahiram, pagkatapos makuha ang pera ay nagkaka-amnesia na sa kanilang pagka-utang.

Safe ba na magpahiram sa dating mong kasamahan sa barko? How sure are you that they will pay you back? Maibabalik pa kaya yung pera mo?

Above questions are difficult to answer. What I know is that, we, Pinoy seafarers trust each other when we are onboard. We rely on each other for the safe and efficient ship’s operations. We have each other’s back.

It is a totally different ball game when we are on land especially if we change company and then somebody from your previous company asked financial favor from you. Ang Pinoy pag nanghiram at hindi mo pinagbigyan, masama ka na sa kanya. Tapos iku-kwento pa sa iba na madamot ka, or worst sisiraan ka. Hindi naman siguro anticipated na may manghihiram kasi may pinaglalaan ka rin sa kinikita mo. I don’t know if this is only Pinoy phenomenon or other cultures do it too. Hindi ko alam ilan sa ating mga seafarers ang may budget allocation para sa perang pam-pautang.

Sabi ni Third officer na dahil sa papalit-palit nyang line up ay umabot ng isang taon bago siya nakasakay at kasalukuyan na tambak sa utang; makikilala ang ugali ng isang tao sa kanyang pagka- utang.

Lahat naman kasi tayo ay nakaranas mangutang, kung gaano mo pahalagahan ang iyong taong pinag-utangan ay ibang usapin na yan.

Marinong Onboard : “Sir, magkano po ba?”

Marinong Nakabasyon: “Sir, pwede 100K Php?”

Marinong Onboard: “Huh?! Sir, 10 k php maximum maibibigay ko sa iyo, may nauna na
pong nanghiram, eh.”

Marinong Nakabasyon: “Ganun po ba? Pwede pong makuha bukas? Kailangang-kailangan na
kasi.”

Marinong Onboard: “Sir, may work din po yung sexytary ko. Pwede po bang ipa-extra
allotment ko na lang this month?”

Marinong Nakabasyon: : “Sige po sir. Text ko yung bank details ko.”

Nakalagay sa US Dollar bill, “In God We Trust”

We trust then somebody trash that trust. Will you trust somebody again? Wow, hugot ba yun? Pang #Seaman’s Problem at #Seaman’s Guide ang dating. Kayo na lang po kumilatis sa manghihiram sa inyo kung worthy po ba siya ng ipapahiram mong “In God We Trust”.

Ito po si Pinoy Seafarer na nagsasabing: “Pag may sinuksok, may madudukot. Malamig pa naman ang panahon, switch off mo na ang aircon, para hindi ka na kailangang magkumot at mamaluktot. “

P.S. (Pahabol Sulat)

Ang financial New Year’s resolution ko ay maningil ng pautang. Overdue na Bes, paramdam ka rin pag may time.

Good luck, Good Health and God Bless Us All. Happy New Year!

#HappyNewYearToAllSeafarers
#PinoySeafarer


(Note: the graphic is a mashed up of images that were taken from the internet, no intention of copyrights infringement.)

Radyo OFW: Kaylan nyo balak mag ”For Good” na sa Pilipinas?

@HindiKilalangSeaman wrote on his FB post “Honestly if it weren’t for the 48 degrees Celsius and everything is written in Arabic, I could mistake that half of the population of the Philippines is here.” Here he was referring to was in Fujairah, United Arab Emirates wherein a sizable number of Filipinos are working on the oil and maritime related industry.

The job vacancy on the vessel that was assigned to me will be available around the month of October. While waiting for my next employment, I’m starting my preparation for the bachelor’s degree teaching job that was offered. I intend to attend a mentoring session to brush my knowledge on the subject matter. The training director asked me, “Mag for for good ka na ba?” 

Coincidentally, the questions for the day being asked on Radyo OFW last 04 August 2016 were “Ilang taon na kayo sa abroad? Kailan nyo balak mag-“for good” na sa Pilipinas?” The program host was Ms Hannah Seneres and I was invited as a guest.

The answers of our kababayans on how long they were out of the country were varied with two having been out of the country for 23 long years.  The first one replied “Ako, 23 years dito sa abroad for good early 2018 in God’s will.” While the second lady answered, “23 years na ako sa abroad, almost 16 years sa Singapore at mag 8 years na dito sa Spain. Ewan kung uuwi pa ako. Sa awa ng Diyos okay naman ang medical at social security benefits ko dito covered lahat basta legit (legitimate). Due to health problem hindi ko na kakayanin manirahan pa sa Pilipinas, gamot lang tiyak na tigok na ako in one year pag stay doon.” 

Other reasons opined around 5 to 10 years once they save enough capitals for the businesses they plan to do; if their children will graduate in college; built their own house; pay all the debt and bills, etc. One said “10 years pag natupad na ni President Duterte yung lahat ng mga mabuting ipinangako nya sa mamayang Filipino.”

For others it was difficult to plan for their retirement: “only God knows kasi kahit planuhin nating kung may ibang plano si Lord, wala din tayong magagawa.” 

Most of the answers were coming from land based workers. Seafarers due to lack of resources (most ships have no internet connection onboard) and awareness of the radio program cannot take part in this kind of survey. I hope that the voices of seafarers (or even their family) either on vacation or at sea can be heard too. 

Kaylan ba mag-fo-for-good na sa Pinas ang isang Pinoy seafarer?

Kung tayo ay pupunta sa tambayan ng mga marino sa Kalaw sa bandang Luneta, mapapansin natin maraming mga nag aabang ng mga bakanteng posisyon. Ang iba ay nahihirapan ng sumakay at isang malaking factor ay “over age”. Mayroon akong kakilala na isang ultimo (rating), na dahil sa kanyang edad, nahihirapan na siyang makahanap ng kumpanya na tatangap sa kanya. Bumilang ng ilang taon ang kanyang karanasan sa pagbabarko subalit ang kanyang edad ang laging nagiging hadlang. Dalawang buwan siyang gumastos para maghanap ng mapapasukan sa Maynila at nang naubos na ang pera ay umuwi na sa kanilang probinsya. Ang isa naman ay gumastos para mapataas ang ranggo nya bilang opisyal pero unemployed pa rin siya hanggang ngayon dahil sa kanyang edad.

Sa pananaw ng mga shipowners, isang liability ang isang marino na nagkakaedad na dahil sa stressful na trabaho sa barko, mas madaling magkaroon/dapuan ng mga sakit ang mga ito at hindi na kayang makipagsabayan pa sa mga makabagong teknolohiya na mga gamit sa barko.

Hindi isang usapin sa ibang bansa ang “over age” kaya huwag kayong magtaka kung ang mga ibang lahi na nakakasama nyo ay pang Jurassic age na pero sa Pilipinas may diskriminasyon, kaya dapat bago tayo mag edad ng 50, Pinoy seafarers ready ka nang magretire.

Ang Integrated Seafarers of the Philippines (ISP) sa pamamahala ni Captain Jess Morales ay may adbokasiya na tumutulong na paghandaan ng mga Pinoy seafarers ang pag-fo-for-good na sa Pilipinas. Nagkakaroon din ng buwanang meeting (usually done last Saturday of the month) para manghikayat at ipakilala ang ISP.  Ang mga marino na nagbabakasyon o kaya ang kanilang pamilya ay habang may panahon pa ay atupagin na natin ito.

Bilang isang Pinoy seafarer, isa sa paghahanda ko kung sakaling ako ay huminto na sa pagbabarko ay magturo sa kolehiyo para naman ang mga kaalaman ko ay maibahagi ko rin sa mga susunod na henerasyon na mga marino. Ang panggalawa ay dapat mabayaran ko na ang lahat ng mga insurances and other financial instruments na pinaglakagan ko ng aking mga pinaghirapan sa pagbabarko.

 Ang pangatlo ay gusto ko ring maging tagapamahala ng mga lupa at gawaing pangsakahan (Farm manager). Sa ibang bansa tulad ng Australya, ang mga magsasaka ang silang mayayaman na kabaligtaran sa ating bansa. Gusto kong makatulong sa ating mga magsasaka sa pamamagitan ng pagbibigay puhunan ng mga alagaing mga baka at sa iba pang mga bagay. 

Kailangan nating magtulunggan para paunlarin ang ating mga kababayan sa mga kanayunan. Sa isang lugar, mapapansin natin ang mga may malalaking mga bahay at mga anak na nakapagtatapos sa pag-aaral ay mas madalas yung mga may mga kamag-anakan sa abroad.

Yung mga kababayan kaya natin sa Fujairah, UAE na nakasalamuha ni @HindiKilalangSeaman, kaylan kaya sila mag fo for good na rin sa Pinas?

#PinoySeafarer

#RadyoOFW

#ISP

Radyo OFW Guesting with DJ Hannah Seneres

Enjoyed airtime with DJ Hannah Seneres of Radyo OFW. Salamat po for having me in your program. Missed the presence of her co-host "Ms. Bhing Gumamela" Comiso who personally invited to guest.

Day of the Seafarer 2016

(source - http://www.imo.org/en/About/Events/dayoftheseafarer/Pages/Day-of-the-Seafarer-2016.aspx)

Two-thirds of the surface of the planet Earth is covered by water. Statistics state that around 90 % of world trade is done by sea. Today, we are honoring this group of men and women who do the hard work in sailing (or running) the global economy.

In 2010, The International Maritime Organization (IMO), through The International Convention on Standards of Training, Certification and Watchkeeping for Seafarers (STCW), held a conference in The Philippines to update the existing code that will reflect the modern and the technological advancement in the maritime industry. The changes in the STCW were named 2010 Manila Amendments.

In addition, the treaty declared 2010 as “Year of the Seafarer” and nominated 25^th June of each year as the “Day of the Seafarer” through The Attachment 3 to the Final Act of the 2010 STCW Conference Resolution 19 with the heading Day of the Seafarer.

It stated among other:

“Recognizing fully the unique contribution seafarers from all over the world make to international seaborne trade, the world economy and civil society as a whole,

Recognizing equally the considerable risks seafarers shoulder in the execution of their daily tasks and duties in an often hostile environment,

Mindful of the deprivation to which seafarers are subject through spending long periods of their professional life at sea away from their families and friends,

It encourages Governments, shipping organizations, companies, shipowners and all other parties concerned to duly and appropriately promote the Day of the Seafarer and to take action to celebrate it meaningfully.”

On the IMO website, the present Secretary-General Kitack Lim, who is from South Korea, said: “this year, on the June 25^th, the Day of the Seafarer, we are once again asking the people of the world to show their appreciation for the seafarers that quietly, mostly unnoticed, keep the wheels of the world in motion.”

Today’s celebration is on its 6^th anniversary. This year’s campaign theme is “At Sea For All”. This is to let the world know how and why seafarers are indispensable to all. Seafarers serve not just fulfilling their own professional career advancement or being partner of the shipping industry. The services they render and those products that gets delivered worldwide definitely affect everybody.

Mabuhay ang mga 

Pinoy Seafarers !!!

#AtSeaForAll #DayOfTheSeafarer #HappySeafarersDay #25June #PinoySeafarer

A Life That Matters

Picture taken in Constantza, Romania last 08 June 2015

When your age is numerically equal to the size of your waistline, it surely does need a serious deep reflection and ACTION! I’m going to celebrate my birthday onboard with my crew today. I will do my deep reflection later. Meanwhile, I would like to share a poem by Michael Josephson that I read way back in 2014. Tell me your thought about it. May God bless us all.

A LIFE THAT MATTERS

Michael Josephson

Live a life that matters

Ready or not, some day it will come to an end

There will be no more sunrises, no minutes, hours or days,

All things that you collected, whether treasured or forgotten,

Will pass to someone else.

Your wealth, fame and temporal power will shrivel to irrelevance.

It will not matter what you owned or what you were owed.

Your grudges, resentments, frustrations, and jealousies will finally disappear.

So, too, your hopes, ambitions, plans, to-do-list will expire.

The wins and losses that once seemed so important will fade away.

It won’t matter where you came from,

Or on what side of the tracks you lived at the end.

It won’t matter whether you are beautiful or brilliant.

Even your gender or skin color will be irrelevant.

So what will matter?

How will be the value of your days will be measured?

What will matter is not what you bought,

BUT HOW YOU BUILT,

Not what you got,

BUT WHAT YOU GAVE

What will matter is not your success, but YOUR SIGNIFICANCE.

What will matter is not what you learned, but what YOU TAUGHT.

What will matter is every act of integrity, compassion, courage, 

Or sacrifice that enriched, empowered, or encouraged others

To emulate your example.

What will matter is not your competence, but YOUR CHARACTER.

What will matter is not how many people you knew

But how many will feel a LASTING LOSS WHEN YOU’RE GONE.

What will matter is not your memories,

But the memories that live in those who loved you.

What will matter is

HOW LONG YOU WILL BE REMEMBERED

BY WHOM AND FOR WHAT.

Living a life that matters doesn’t happen by accident.

It’s not a matter of circumstance, but BY CHOICE.

Choose to live a life that matters.