Over recent years it has been noticed by Club correspondents that an increasing number of claims have been made by port authorities for damage to port fenders. This has been notably at the ports of Alexandria and Al Dekhelia, where the majority of existing fenders are both old and have been poorly maintained.
The cause of fender damage may not always be attributable to attending vessels themselves and can be caused by tug boats or by previous vessels at earlier dates. Both of these ports can be affected by prevailing swells during periods of rough weather, leading to surging of vessels when alongside.
Claims
Unfortunately it is difficult to defend allegations of fender damage made by Alexandria Port Authority (APA) unless earlier records maintained by the port of damage to the fender(s) in question can be located.
APA does not allow vessel’s to leave port before settlement of the claim in one of the following ways;
- Where dock damage has occurred, and where liability is not in dispute, then the local agent can sometimes provide an undertaking in a standard (non-negotiable) form to the Port Authorities guaranteeing payment of the repair costs. Such a guarantee can sometimes be required even after a vessel has departed
- The claim is fully covered by a certified bank cheque in favour of APA
- The claim is covered by an unconditional Bank Letter of Guarantee
APA does not accept a P&I Club Letter of Undertaking.
Recommendations:
- The appointed agent can be requested to visually inspect fenders mounted to the quay where the vessel is expected to berth prior to arrival and report to APA any damages found in a formal letter. The agent may also inspect fenders on departure of the vessel
- Masters may photograph any fender suspected to be missing, damaged or otherwise in poor condition, advising agents about same with a request to report to Alexandria Port Authority
- Owners may choose to appoint a surveyor to inspect quay fenders before and during berthing and upon departure
- Masters should exercise care when manoeuvring to and from berths, discussing fully with pilots beforehand
- Masters should ensure that their vessel is securely moored at all times when alongside reporting any related incident, or allegation of any fender damage to the Club and the local correspondents at the earliest opportunity
Information provided by El Hamamsy Marine Services Ltd.
