Record Keeping Can Save Us in Crucial and Critical Times of Claiming
Let’s say yes to truthful and accurate claims.
It is mandatory to maintain a clean and clear record to handle and settle the claims. Sometimes, mariners ‘flog the log’ for various reasons. Whereas what happens when records are not maintained appropriately? Here are some of the recent incidents where record keeping has disturbed the handling and settlement of claims.
Reefer Temperatures Logs – Stretching the Truth
It was the crew’s responsibility to record the temperatures of all the containers on daily basis when under the charter party. The containers were stowed on deck and – contrary to the tier weights advised in the cargo securing manual – were often stowed 3 high due to the pressure of the trade. When the reefer temperature logs were submitted in response the cargo claim, the ship operator was not in a position to explain how the crew took the temperatures of reefer containers on the second and third tiers.
It was highly impossible to record these temperatures physically. There was only a possibility to record the temperatures on the first tier on deck where the damaged container was stowed. As the other temperatures recorded were ‘flogged’ it is clear that the reefer temperature logs were doubtful and may not be used as an authentic evidence. If under any unavoidable circumstances when routine records are not being maintained, it is advisable to contact the shore manager on immediate basis for advice.
An ‘Off’ Day?
In another case the remote monitoring temperature records were complete for a container on which a cargo damage claim was being made. They showed there was nothing wrong with the container temperature. However, the ship also sent photocopied pages of the engine room work note book. On one of those pages was an entry stating ‘Power off 440 volt deck sockets’. T here was no reason given and there was no entry after that showing what time the power may have been restored. Because of this it was not possible to avoid the US $60,000 claim and the best deal was a US $30,000 settlement. The remark in the engine room work note book ‘cost’ US $30,000! If another remark showing why power was off or when it had been restored had been included the claim may have been avoided entirely.
Always make sure that records are full and complete.
Hold Ventilation Logs
The ship sent ventilation logs for the voyage. Rather than follow the simple 3 degree rule for agricultural cargoes the ship recorded outside dew point temperatures from the bridge and dew point temperatures in the hold. The ship also submitted cargo fumigation documents which stated ‘crew not to enter the hold for 72 hours after sailing’.
The obvious question was – how did the crew obtain the hold dew point temperatures and why were they recorded from the first day after sailing when entry was not permitted due to the fumigation?
The obvious answer was that the crew did not enter the holds and the dew points were made up. The ship did not even have a whirling hygrometer for measuring dew points in the holds!
This meant that no reliance could be placed on the ventilation records submitted by the vessel a key factor in defending the claim.
On the Bridge or Not?
On an account of grounding, the ship was asked to submit the evidence including the bridge team’s written statements and the hours of work/rest records.
Following a grounding the ship was asked for evidence which included the bridge team’s written statements and the hours of work/rest records. In the Master’s statement he said that he was on the bridge from 06:00hours which was two hours before arrival. In the hours of work/rest records the master was shown as working 08:00 to 12:00 on that day.
The VDR proved the Master’s written statement was correct. This put into question the hours of work/rest records for the whole ship and made it more difficult to use the ‘error in navigation’ defence.
The best evidence is contemporaneous – in other words it is recorded or collected at the time it occurred. Don’t fill in records in advance or after the fact.
Top Tip
A claim is always possible only when evidences are true. Henceforth, it is essential to take care not to submit ‘flogged’ evidence as it will be carefully scrutinized by the experts. Once the faulty and fudged evidences are found it hinder the possibility of getting the claim.
Source: The North of England P&I
