DAMAGED SURVEY ON CARGO - CORN IN BULK

If cargo damage has occurred or is suspected, the ship master should immediately inform the charterer and the P&I Club. The main concern is when the receiver refuses to accept delivery of the damaged cargo, resulting in a loss to the vessel. The first aim is to persuade the receiver to accept the cargo. However, this can only be done by agreement between the carrier and the receiver.

It is possible that the receiver and the carrier may appoint a joint surveyor to reach an agreement on the extent of damage. However, for ship's officers, it is vital that the facts are recorded in the appropriate logbook as soon as damage has been discovered.
To support a claim, the surveyor may request that the ship provide the following documents:

B/L and charterparty (if any)
draught survey reports
shipper's declaration along with any special instructions or observations about the cargo
copies of ship's logbooks, sounding record book, ballast record book and maintenance record
record of any correspondence between the ship, charterers and stevedores
cargo stowage plan
ship's particulars including copies of ship's plans.
Before any documentation is handed over, the authority of the ship's operator is required. The surveyor may also ask for additional documentation, depending upon the nature of the cargo and the trade area.

It must be kept in mind that the carrier must show that the ship has been maintained in a seaworthy condition, that due diligence has been exercised for the safe carriage of the cargo and that any damage to the cargo has been due to circumstances beyond the control of shipboard officers. If these can be proven by documentary evidence a claim can be avoided.