A local correspondent, has issued a circular warning of an increase in fender damage claims at Alexandria and El Dekheila ports in Egypt, outlining precautionary measures for vessel operators to help minimise the risk of damage claims while calling at Egyptian ports.
As explained, particular care is warranted when berthing and unberthing vessels at Alexandria and El Dekheila Ports, Egypt, where allegations of damage to quay fender systems may arise following vessel operations.
The berths at Alexandria and El Dekheila are fitted with various types of marine fender systems, depending on the berth, terminal and the period in which the berth was constructed or upgraded. Most are equipped with cylindrical rubber fenders.
A number of fenders at both ports have reportedly been found to be old, cracked or inadequately maintained. This can make it difficult to establish whether any damage identified after a vessel’s call was caused by the vessel or was pre-existing.
El Dekheila presents additional circumstances that may increase the risk of fender damage allegations. The port entrance faces north, while the western breakwater is relatively short, allowing swell to reach the quays during rough weather. Vessels alongside may consequently surge against the fenders despite having been properly moored.
Allegations of damage to fenders or other port property may also be raised by port supervisors. In some cases, Masters or local agents are informed of the alleged damage only when the vessel is preparing to sail, rather than immediately after berthing.
The delay can make it considerably more difficult to investigate and defend a claim.
The ability to establish that damage was pre-existing is therefore often critical and may depend on the availability of previous inspection records, photographs or other evidence documenting the condition of the berth and fenders before the vessel’s arrival.
The Alexandria Port Authority requires security before allowing a vessel to depart. P&I Club Letters of Undertaking are not accepted; instead, the Authority requires a bank guarantee, certified cheque or other acceptable form of security, including payment guarantees issued by the official local agent.
To minimise exposure to potential claims, vessel interests should, where practicable:
- Appoint an independent surveyor to conduct a visual inspection of the berth and all accessible fenders before berthing.
- Take comprehensive, date- and time-stamped photographs and/or video recordings of the berth and visible fenders before the vessel comes alongside.
- Maintain complete bridge records, including pilot exchange information, engine movements, tug assistance, weather conditions and, where available, VDR recordings.
- Continue monitoring the vessel’s moorings while alongside, particularly during periods of swell, strong winds or interaction with passing vessels.
- Record and promptly report any alleged damage, including the time and circumstances in which the allegation was first raised, and preserve all relevant evidence.