CASUALTY

RESPONSE GUIDE

2006

L I S T O F

A G E N T S , O W N E R S / M A N A G E R S

A N D V E S S E L S

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S T A N D A R D A P P O I N T M E N T A N D I N S T R U C T I O N S T O S U R V E Y O R

Billing
Please forward your standard hourly rate, daily rate ane rate for
travelling as soon as possible if not done before. Invoice shouldbe
detailed and incude dates and hours used for wroking with the
claim

Preliminary report
A preliminary report, detaling extent and nature of the incident,
preferably with an estimate as to repair time & costs, is to be
forwarded to the Association as soon as possible and no later than
one week after the first day of the survey.

Final survey report
The final survey report is to be forwarded to the Association no
later than one month after the last day of attendance and/ or
completion of repairs. In such cases where the surveyor is waiting
for information that is necessary to complete his report, a report
based on available information is nevertheless to be issued within
the said time limit. The missing information should be clearly
outlined in the report. The Norwegian Hull Club report form, see
page 7 should always be completed and used as front cover.

Cause of damage
To be reported as such only when clearly evident and generally
agreed to. Otherwise both Owners’ opinion (if any) and the
attending surveyor’s view about cause and/or releasing
mechanism(s) to be cited. If damage considered related to
standard of maintenance, same to be reported on in detail.

Certificates
The surveyor to report if the vessel’s class and/ or statutory status
is due/overdue.

Reporting
Please provide us with one original and two copies of the report
and the attachments. Complete invoice for the services with
breakdown of costs is to be forwarded togehter with the survey
report. For further instructions reference is made to the latest
edition of our «Casualty Response Guide». If the survey involves
collision and/or liability matters, furthter instructions are given in
the latest edition of the Association’s «Casulaty Response Guide».
If this is not at hand, please contact the claims handler.

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GUIDELINES AND FORMS

Name of the vessel

Por t of Registr y

Built

At the request of Nor wegian Hull Club the undersigned

has on the (date)

and following days sur veyed the

above vessel afloat/in dr ydock at:

Present at the sur vey were also:

Representing:

T I M E S C H E D U L E

(to be filled in as far as applicable. Use dd/mm/yy + hr/min.)

Vessel arrived at por t/repair facility:

Vessel sailed:

Discharging commenced:

Discharging completed:

Gas freeing commenced:

Gas freeing completed:

Vessel dr y-docked:

Vessel undocked:

Repairs commenced:

Repairs completed:

Loading commenced:

Loading completed:

C O S T A N D T I M E F O R R E P A I R S

Total cost of average repairs as per copy of invoices attached hereto:

Total cost of Owners’ work:

Total cost of General Expenses:

Time for average repairs, if carried out separately:

Total:

days

In dr y-dock:

days

Time for Owners’ work, if carried out separately:

Total:

days

In dr y-dock:

days

Please state whether the call at the yard was solely caused by the casualty:

YES/NO

Please state whether the vessel was deviating to por t of repair:

YES/NO

T H E F O L L O W I N G T O B E S T A T E D S E P A R A T E L Y F O R E A C H C A S U A L T Y

1. If temporar y repairs are effected, the cost and number of days required.

Fur ther the reason for not effecting permanent repairs and consequential saving of time and savings

in harbour dues, dr y-dock dues, gas freeing etc.

2. If the work involves removal of temporar y repairs, the cost and time required for this work.

3. The cause of the damages repaired and claimed as average damage.

4. If over time is used, the amount of over time expenses and possible General Expenses saved thereby,

and the reduction of the total repair time.

5. Any fur ther repairs or spare par ts needed.

6. The estimated cost and time of deferred average repairs.

General expenses such as dr y-dock dues, gas freeing, shifting, electric current, fresh water to be itemised

under a separate heading. Note: Cost for in/out docking and docking dues to be listed separately.

S U R V E Y R E P O R T

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Name of the vessel

Por t of Registr y

Built

At the request of Nor wegian Hull Club the undersigned

has on the (date)

and following days sur veyed the

above vessel afloat/in dr ydock at:

Present at the sur vey were also:

Representing:

T I M E S C H E D U L E

(to be filled in as far as applicable. Use dd/mm/yy + hr/min.)

Vessel arrived at por t/repair facility:

Vessel sailed:

Discharging commenced:

Discharging completed:

Gas freeing commenced:

Gas freeing completed:

Vessel dr y-docked:

Vessel undocked:

Repairs commenced:

Repairs completed:

Loading commenced:

Loading completed:

C O S T A N D T I M E F O R R E P A I R S

Total cost of average repairs:

Total cost of Owners’ work:

Time for average repairs, if carried out separately:

days

hours

minutes

Time for Owners’ work, if carried out separately:

a) Total time:

days

hours

minutes

b) Maintenance work and strengthening:

days

hours

minutes

c) Class/Statutor y requirements,

seawor thiness and recontstruction

days

hours

minutes

Please state whether the call at the yard was solely caused by the casualty:

YES/NO

Please state whether the vessel was deviating to por t of repair:

YES/NO

T H E F O L L O W I N G T O B E S T A T E D S E P A R A T E L Y F O R E A C H C A S U A L T Y

1. If temporar y repairs are effected, the cost and number of days required.

Fur ther the reason for not effecting permanent repairs and consequential saving of time and savings

in harbour dues, dr y-dock dues, gas freeing etc.

2. If the work involves removal of temporar y repairs, the cost and time required for this work.

3. The cause of the damages repaired and claimed as average damage.

4. If over time is used, the amount of over time expenses and possible General Expenses saved thereby,

and the reduction of the total repair time.

5. Any fur ther repairs or spare par ts needed.

6. The estimated cost and time of deferred average repairs.

L O S S O F H I R E S U R V E Y R E P O R T

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GUIDELINES AND FORMS

Guidelines to the Master in cases of average
These guidelines are not to reduce the Shipowners' area of
authority. Rules in the Owners' own internal instructions will take
preference. Neither is it the intention to limit the Master's freedom
of action but the intention is to give help in difficult situations and
guidance of importance to the subsequent claim settlement.

Reporting casualties
When a casualty has occurred, the Owners are to be notified
immediately. Verbatim extracts from the deck and engine room log
books to be forwarded to the Owners as soon as possible.

Salvage
The responsibility for salvage rests with the Master. When the
casualty has occurred, the Leading Underwriter's experience,
good contacts with salvage companies in all waters and network
of agents will be at the Master's disposal. Co-operation with the
Owners and Leading Underwriter should be established as early
as possible. This co-operation and the assistance that can be
rendered from the shore has to be based on information from the
vessel. Send as soon as possible a complete report to the Owners
with the vessel's exact position, description of the occurrence
itself, information about the weather conditions and the cargo,
etc., which may be of importance for the assessment of the
situation. It is essential to include in the report what steps have
been taken and what, in the Master's judgement, ought to be done
to salve the vessel. Of particular interest in this connection is the
Master's opinion about the effectivity of the available local
assistance. The information is necessary to ensure speedy and
effective assistance to the vessel. A salvage contract should not be
signed until the Owners' Leading Underwriter has been notified of
the situation. Should the vessel be in imminent danger and salvage
operations imperative without opportunity or time to contact the
Owners, then sign a contract on best possible terms with a salvor
who is able to render adequate assistance. If a ”NO CURE - NO
PAY” contract is demanded, Lloyd's Standard Form of Salvage
Agreement is recommended. When the salvage has been
completed a report must be prepared covering:

a)

All circumstances in connection with the casualty, with

position, times of the separate stages of the salvage operation,
weather conditions, etc.

b) Information about the salvors, their equipment, effectivity,

efforts, damage sustained by them and any risk they have run
etc.

The report to be sent to the Owners together with verbatim
extracts of the vessel's log books. The report will become an
important document at the subsequent negotiations for deter-
mining the size of the salvage award.

General Average
There is a General Average situation only when the vessel carries
cargo. As examples of General Average may be mentioned
salvage, damage to hull and machinery in consequence of
refloating, jettison/discharging/ lightering of cargo to lighten the
vessel, fire extinguishing and calling at port of refuge. When
General Average has been declared the Owner's next step will be
to appoint a General Average Adjuster. It is his task to prepare the
General Average Statement. Average Bonds (form on page 14 of
this Booklet) from the consignees must also be signed by the
Cargo Underwriters. Average Bonds in which reservations are
made must not be accepted. If the cargo is uninsured, it will, in

addition, be necessary for the cargo owners to give a bank
guarantee or pay a deposit as security for the cargo's contribution
before the cargo is delivered. Often the average agent will be able
to assist and the Average Adjuster may give directives as to what
form of security should be demanded in the individual cases. If the
cargo has been damaged, the Average Adjuster or Owners/
Leading Underwriter will appoint a General Average surveyor.

Collision
The major problem in a collision case is the liability aspect. It is
therefore of the utmost importance to have the sequence of events
ascertained as soon as possible. Experience shows that some
collision data are difficult to trace if they are not ascertained and
noted down at once. This applies to the following:

a) The exact time of the collision. In this connection it must be

checked whether the clocks on the bridge and in the engine
room are synchronised. Any differences must be noted.

b) The vessel's position, course, speed and propeller revolutions at

the moment of the collision. Make a note of what the course
and speed recorders show at the moment of the collision.

c) Exact points of time and description of the various rudder and

engine manoeuvres immediately before and after the collision.

d) An assessment of the visibility with a note of when and where

signals were seen or heard.

e) Observed manoeuvres of the other vessel before the collision.

The Owners must be informed of the occurrence as soon as
possible after the collision. At the same time, give information
about weather conditions, damage to both vessels and the other
vessel's name and nationality. Confine to facts without referring to
the question of liability, as all correspondence to the Owners must
be produced in Court if demanded by Opponents (discovery
documents).

Only when the vessel's officers and crew members have had the
opportunity of reporting to the Master what they have seen in
connection with the collision should the actual sequence of events
be described in the vessel's log books. The description should be
written by the person in charge on the bridge at the moment of the
collision and approved by the Master. In the majority of serious
collision cases it may be necessary to appoint a solicitor to look
after the vessel's interests. The solicitor's first task, when the
vessel has reached a port, is to go on board to take statements
from the witnesses. No one on board must express any opinion
about the collision to outside parties or reply to questions from
persons other than the solicitor instructed by the Owners or the
Leading Underwriter. If possible and if the circumstances so
indicate, the Master should obtain an admission of liability from
the colliding vessel.

G U I D E L I N E S T O T H E M A S T E R I N C A S E S O F A V E R A G E

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Average survey and average repairs
Before the average repairs are carried out the damage should be
surveyed by a representative of the Underwriters. In places where
the Leading Underwriter is represented by General Agents, the
request for survey or assistance should be made to them. If speedy
local assistance is necessary, the request may be made direct to the
sub-agent. If no agent can be reached or no surveyor is available,
application may be made to Det norske Veritas' representative or
Lloyd's Agent with request for survey on behalf of the
Underwriters, as referred to in ”Standard appointment and
instructions to surveyor”, included on page 6 of this Booklet.

In cases of collision or striking where damage has been sustained
by a third party the request for survey and assistance is to be made
to the representative of the Leading Underwriter. Liability to a
third party arising from causes other than collision and striking
concerns the vessel's P. & I. Underwriters.

Information for use in the claim settlement
With the average settlement in mind the Leading Underwriter will
require a certain amount of information, e.g.:

a) Calculation of any deviation in consequence of call at repair

port should be worked out both in nautical miles and in days
and hours.

b) Statement of any shifting in the repair port, number of tugs

employed and the purpose of the shiftings.

c) Statements of overtime paid to the vessel's crew in connection

with the deviation, tank cleaning, shiftings, trials after engine
repairs, salvage if any, refloating, fire extinguishing on board,
etc.

d) Statement of monthly wages to the crew including all bonuses

and information giving the cost of victualling.

e) Consumption of bunkers, lubricating oil and stores concerning

deviation, tank cleaning, shiftings, trials after engine repairs,
salvage if any, refloating, fire extinguishing on board, etc.

f) Consumption of spare parts and deck and engine room stores

for average repairs.

G U I D E L I N E S T O T H E M A S T E R I N C A S E S O F A V E R A G E

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GUIDELINES AND FORMS

Damage resulting from contamination of lubricating oil,
cooling and feed water

Damage to machinery resulting from contamination of
lubracating oil, cooling and feed water is not recoverable under
the insurance policies of the vessel, unless the damage could not
have been avoided by proper measures.

Section 12-5 (f) of the Norwegian Marine Insurance Plan
of 1996 reads as follows:

«The insurers is not liable for:
(f) loss due to lubricating oil, cooling water or feed water

becoming contaminated, unless proper measures were taken as
soon as possible after the assured, the Master or the Chief
engineer became, or must be deemed to have become, aware of
the contamination, and in any event not later than three months
after one of them should have become aware of the
contamination.»

In order to ensure the safe operation of the vessel and protect
Owner’s interest, we will urge upon the Chief Engineer:
1. Carry out proper measures immediately upon discovery of such

contamination. Turning a blind eye to the problem does not
help, cf. the words «must be deemed to have been aware of» in
section 12-5 (f).

2. Check the quality of the lubricating oil and feed water, as poor

quality on delivery on board will be treated equal with
subsequent contamination on board.

3. Remove the source of the contamination - or take steps to

improve the quality of the lubricating oil or feed water if
possible.

4. Note that section 12-5 (f) applies to all machinery including:

– main engine
– auxiliary engine
– boilers
– refrigerating machinery
and other machinery which may sustain damage as a result of
such contamination.

5.

Blocking by sand, mud or salt of the cooling water
compartments or intake is treated equal to contamination due to
mixture of such material due to internal or external leakage.

6. The three-month period is an absolute dedaline, not an excuse

for postponing any measures or steps that can be taken
immediately.

7. A cleaning operation is only «proper» if it is done thoroughly

with removal of all cleaning doors and internal examination of
pipes, refrigeration chambers and the water side of steam
producers.

8. Tanks, crank cases and sumps must be drained and cleaned in

addition to any separating or settling operation if lubricating oil
is contaminated.

9. Call in a qualified surveyor to secure evidence that proper

measures have been taken. Look up the list of representatives,
which the leading Underwriter of the vessel has delivered on
board; alternatively consult the Owner and/ or the Manager in
order to get hold of the leading Underwriter’s representative in
the port of place you are. The leading Underwriter’s
representatives are there to assist you also in this regard.

T O T H E C H I E F E N G I N E E R

T I L M A S K I N S J E F E N

Skade som skyldes forurensing av smøreolje, kjøle- og
fødevann

Skade på maskineri som skyldes forurensing av smøreolje, kjøle-
og fødevann dekkes ikke av forsikringspolisene for skipet
medmindre skadene ikke kunne ha vært unngått med forsvarlige
forholdsregler. §12-5 (f) i Den norske sjøforsikringsplanen av
1996 lyder som følger:

«Assurandøren erstatter ikke:
(f) tap som følge av at smøreolje, kjølevann eller fødevann er blitt

forurenset, medmindre forsvarlige forholdsregler er foretatt
snarest mulig etter at sikrede, skipsføreren eller maskinsjefen
fikk eller må ansees for å ha fått kjennskap til forurensingen og
senest tre måneder etter at en av dem burde ha fått kjennskap
til forurensingen.»

For å sikre en forsvarlig drift av skipet og ivareta rederiets
interesser, vil vi understreke overfor maskinsjefen:
1. Sørg for å ta forsvarlige forholdsregler med en gang slik at

forurensing blir oppdaget. Det hjelper ikke å lukke øynene for
problemet, jfr. ordene «må ansees for på ha hatt kjennskap til» i
§12-5 (f).

2. Sjekk kvaliteten på smøreoljen og fødevannet fordi dårlig

kvalitet ved leveringen ombord vil bli behandlet på samme
måte som en etterfølgende forurensing ombord.

3. Fjern forurensingskilden - eller ta forholdsregler for å forbedre

kvaliteten på smøreoljen eller kjølevannet hvis mulig.

4.

Merk at §12-5 (f) gjelder alle typer maskiner såsom:
– hovedmaskin
– hjelpemaskin
– kjeler
– kjølemaskineri
og annet maskineri som kan lide skade som følge av slik
forurensing.

5. Blokkering av kjølevannsrommene eller inntaket med sand,

gjørme eller salt blir ansett på samme måte som slik
forurensing som skyldes lekkasje innen- eller utenfra.

6. Tremånedersperioden er en absolutt frist, og ikke en unn-

skyldning for å utsette forholdsregler som tas med én gang.

7. Rengjøringsarbeidet blir ikke ansett som «forsvarlig» hvis det

ikke gjøres grundig med avtagning av samtlige renseluker og
innvendig undersøkelse av rør, kjølerom og på vannsiden av
dampkjelene.

8. Hvis smøreoljen er forurenset, må tanker, veivrom og veivtroen

tømmes og rengjøres, i tillegg til separering og settling av
smøreoljen.

9. Tilkall en kvalifisert besiktelsesmann for å sikre bevis for at

forsvarlige forholdsregler har blitt tatt. Slå opp i agentlisten
som hovedassurandøren for skipet har levert ombord, eller
kontakt rederiet og/ eller manager for å få vite hvem som er
hovedassurandørens representant i den havn eller på det sted du
er. Hovedassurdørens representanter er der for å hjelpe deg
også med dette.

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A V E R A G E G U A R A N T E E A N D V A L U A T I O N F O R M ( A V E R A G E B O N D )

It is hereby agreed between the undersigned Shipowners and Consignees that in the consideration of the

deliver y by the said Shipowners of the goods specified below, the said Consignees under take to pay on demand

such contribution to General Average and/or Salvage and/or Special Charges as may hereafter be ascer tained

to be due from their goods according to General Average Adjustment.

Vessel:

Por t of loading:

Por t of discharge:

Casualty:

B/L No.: Marks and Nos.

Packages and

FOB

CIF

description of goods

Value

Value

Note: Please state in which currency the value is given

Place and date

Signature of Shipowners

or their agents

Place and date

Signature of Consignees

or their agents

We join in the above agreement and under take to effect payment against this Average Bond

without production of the Cargo Policy.

Place and date

Signature of Cargo Under writers or

their agents

Insured value:

Insured with:

(if insured at Lloyd’s please give name of the brokers)

Policy or Cer tificate No.:

If a deposit was paid the following par ticulars should also be given:

Amount of deposit paid:

Has the deposit been refunded by Under writers?

Name of Average Adjuster:

NOTE: Please attach a copy of the shipping invoice to this form. In case of loss of and/or damage to the goods,

the claim documents must be sent to the Average Adjuster as soon as possible.

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GUIDELINES AND FORMS

C O L L I S I O N - L E T T E R F O R M

to be used by the Master when holding the opponents responsible in a collision case

Place/ Date

To the Master and Owners

of the M/V

Dear Sirs,

Re: Collision between your vessel M/V

and the M/V

under my command

at

hours on the

20

I herewith have to inform you that, on behalf of the Owners of

M/V

, I am holding you responsible for the damage

sustained by my vessel as a result of said collision, as well as for the consequences arising therefrom.

Our Agents/ Owners can be contacted in order to arrange joint Sur veys of the damage sustained by our

respective vessels.

My Vessel’s Agents are:

My vessel’ Owners are:

Yours faithfully,

(sign.)

Master M/V

Receipt acknowledged:

(sign.)

Master M/V