Protecting Against Cargo Claims in China: A Seafarer’s Guide

 🚢 Protecting Against Cargo Claims in China: A Seafarer’s Guide

🌊 Introduction

Shipping is a world of storms — not just at sea, but also in courts and cargo claims. Many times, even when we do everything right, we face shortage or damage claims, especially in places like China. The reason is not just cargo — it’s about evidence, systems, and trust.

As your fellow mariner, I want to share a crucial learning from a recent P&I circular. This is not just legal jargon — it’s about protecting our ships, crews, and companies from unnecessary trouble. Let’s dive in together.

1. ⚖️ Shortage Claims: When Numbers Don’t Match

Imagine this: your ship discharges soybeans at a Chinese port. Your crew’s draft survey shows the right cargo delivered. But the shore scale (used by receivers) shows less. Suddenly, you face a shortage claim worth lakhs of dollars.

Why? Because courts in China often trust independent surveys more than crew-only figures.

💡 Lesson: Numbers are power, but they must be backed by trusted witnesses.

✅ Actions for Masters & Crew:

• Always call for independent surveyors during loading and discharge.
• Take photos/videos of draft marks.
• Where possible, do joint surveys with receivers.

📌 Shipping Hashtag Wisdom:
#CargoClaims #EvidenceAtSea #ShippingLaw

 

2. 🌡️ Quality Claims: When Clean Bills Turn Dirty

Think about soybeans again. They are sensitive — heat, mould, or dampness can spoil them. If you sign a clean Bill of Lading, Chinese courts assume the cargo was perfect at loading. If damage is found later, the carrier must prove they ventilated and cared for the cargo.

💡 Lesson: A single clean bill without remarks can become an expensive mistake.

✅ Actions for Masters & Crew:

• Keep ventilation logs detailed (weather, temperature, fans on/off).
• Record cargo condition honestly in Mates Receipts and B/L.
• Never sign clean bills if cargo looks doubtful.

📌 Shipping Hashtag Wisdom:
#CargoCare #BLMatters #MaritimeResponsibility

 

3. 📜 Bills of Lading: The Fine Print That Decides Millions

A Bill of Lading isn’t just paper — it’s trust, law, and money rolled into one. In China, the phrase “quantity/quality unknown” offers limited protection. If the bill is clean, the court assumes cargo was fine. Unless you have strong evidence, you lose.

💡 Lesson: Bills are promises. Don’t make promises you cannot defend.

✅ Actions for Owners & Charterers:

• Invite receivers to witness surveys.
• Avoid commercial pressure for clean bills.
• Build clear clauses in charterparties (trade allowances, arbitration).

📌 Shipping Hashtag Wisdom:
#BillOfLading #TrustInShipping #MaritimeContracts

4. 📚 Evidence Wins Cases in China

The Chinese Maritime Code (1993) may look like Hague-Visby, but enforcement is stricter. Courts rely on evidence closest to delivery — independent surveys, photos, logs. Crew-only records rarely hold up.

💡 Lesson: Systems and records are your shield.

✅ Actions for All Stakeholders:

• Keep proper logs (ventilation, cargo condition).
• Use trusted surveyors at Chinese ports.
• Remember: claims must be filed within one year.

📌 Shipping Hashtag Wisdom:
#ShippingEvidence #MaritimeLaw #ProtectYourShip

 

🧭 Final Anchor Note

Friends, at sea we know storms are part of life. But onshore, claims are storms too — and the only compass is evidence. Independent surveys, honest logs, and careful bills protect us more than any anchor.

👉 Let’s remember: In China, evidence isn’t just paperwork — it’s survival.

 

📣 Call-to-Action

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