LAYTIME EXPIRING, WARNING ABOUT DEMURRAGE
Further to my letter of the 16th inst., I herewith wish to inform you that the laydays for discharging the cargo under Charter Party dated February 9, 1991, have expired today and that my ship is now on demurrage for the payment of which you and all concerned will be held liable.
DEMURRAGE EXPIRING, WARNING ABOUT DETENTION.
I would like to remind you that the laydays for loading my vessel expired 3 days ago, on April 12, 1992. And now the vessel is on demurrage.
As up to date you have not supplied the full cargo of pipes to my vessel, as per Charter Party dated January 15, 1991, I hereby request you to let me know whether you intend to load any more cargo at all.
Please note that in 2 days, at 08.00, on April 20, 1991, the 5 days allowed by the Charter Party for demurrage will expire, and the ship will be on detention. In accordance with the Charter Party terms under these circumstances you will be held liable for detention and dead freight to be paid in cash before ship's departure.
SEA PROTEST.
I,..........., Master of the m. v. Khudozhnik sailing under the flag of the Russian Federation, Gross Tonnage 15893, Net Tonnage 8092, registered at the port of St. Peterburg, International Call Sign: UUSW, on March 22, 1992 sailed from Jacksonville, FI., USA, bound for Houston, Tex., USA, with 4072 metric tons of general cargo, the vessel being then tight, staunch and strong, well manned, victualled and sound, and in every respect fit to perform the said intended voyage.
On March 22, 1992 at 11. 20 GMT, proceeding through the Houston Shipping Channel in condition of full readiness for passing narrows and with the pilot, Mr. J. Hawkins on board the ship collided with the Japanese m. v. Rose Maru near buoy R70.
The collision occurred under the following circumstances: I had been following the progress of the Rose Maru for about half an hour on my radar screen and saw that it was proceeding from the opposite direction at a speed of 10 knots and was gaining on a pusher tug pushing a barge at a speed of about 6 knots. My own speed was about 10 knots. I first sighted the oncoming pusher tug at 10.55 when I was abeam of Buoy R58. The distance between us was about 8 miles. Immediately after that, at 10.56 I heard the Rose Maru calling on VHF channel 16 " unknown pusher tug in position abeam buoy C81 proceeding seaward, speed 6 knots". After they established contact, the Rose Maru asked the tug "Beetle" to switch to channel 13. As the conversation was of no immediate concern to me, I did not follow it further. At 11.05 I sighted the Rose Maru which had left her lane and was overtaking the tug "Beetle" proceeding in the wrong lane. The distance between us was 4 miles. The speed of Rose Maru according to my SARP was 12. 5 knots, my speed was 10 knots. At 11.06 I reduced my speed to 6 knots and altered course to starboard to move to the starboard side of the channel in order to avoid a close quarter's situation. At 11.08 on VHF channel 16 I received request from the Rose Maru to reduce speed and to keep to the starboard side of the channel. I answered that I was already doing that.
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At 11.11, seeing that a close quarter's situation was imminent, I gave the order for emergency full astern. But the headway of the both ships was too great and at 11. 20 they collided near Buoy R70 in position 39N 34.5 and 094W 55.8. Due to narrow channel and insufficient depths at the sides I could not effectively use the last moment manoeuvre and alter my course hard to starboard.
Though the crew has applied all available means to safeguard the vessel and the cargo, fearing damage to the cargo and the ship, and losses in connection with the above collision, I declare this Sea Protest, reserving the right to extend it at time and place convenient.
PROPOSAL OF AMICABLE SETTLEMENT.
Further to my letter of the 25th inst. I beg to enclose herewith a copy of the Surveyor Report dated the 28th of March, 1992 in connection with the damage caused by your vessel to my ship in collision near Buoy R70 in the Houston Shipping Channel on March 24, 1992. From the above-mentioned Report you will see that the Surveyor, Mr. R. Sasoon of this city, on a thorough survey and careful consideration of all circumstances, estimates the amount at US$ 25000.00.
I hope that you will consider our claim and amount of damage estimated by the above mentioned Surveyor as quite reasonable and justified, and I offer you to settle this matter amicably by paying the respective sum of US$25000.00 to our Agents here, Messrs. Rice Unruh.
Your prompt reply will oblige.
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SEA PROTEST ABOUT GROUNDING.
S T A T E M E N T OF SEA PROTEST
I,......., Master of m. v. Utopia under the flag of the Russian Federation, Gross tonnage 8092, registered at the port of St. Peterburg, International Call Sign UUSW, on...... 1992 sailed from St. Peterburg to New York with 4072 metric tons of general cargo, the vessel being tight, staunch and strong, well manned, victualled and sound, and in every respect fit to perform the said intended voyage.
On...... 199.. at 14.00GMT, approaching the port Kalundborg, in position 55N 37.0 010E 56. 5 due to the engine failure the ship began drifting to shore carried by southwest wind of force 15-20 m/sec. Inspire of all the efforts to restart the engine and stop the drift by letting go first the port and then the starboard anchors, at 14. 15 the vessel was grounded on the shoal lying half a mile North-East from the Palce of the engine failure. All the efforts undertaken to refloat the vessel without outside assistance failed and vessel had to apply for salvors services. Two salvage tugs of the port of Kulundborg were used for refloating, and at 13.00.... 1992 the ship was refloated. A divers' inspection was carried out after refloating the vessel. As no visible damage to the ship's hull was found, the vessel continued the voyage and at 6.00 local time on.... 1992 the ship was berthed at pier 7 Brooklyn Marine Terminal of the port of New York.
The crew of the vessel have applied all means to safeguard the ship and her cargo, but nevertheless, fearing damage to the cargo and the ship, and losses in connection with reflating, I declare this Sea Protest, reserving the right to extend it at a time and place convenient.
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