H05e.
2 Accepting salvage assistance
* Acceptance of an offer of services on the basis of Lloyd’s Open Form (LOF) may be made orally or by radio, fax,
e-mail or other form of communication by sending a message as follows:
“ACCEPT SALVAGE SERVICES ON BASIS LLOYD’S STANDARD FORM LOF NO CURE NO PAY.
ACKNOWLEDGE REPEATING FOREGOING. MASTER (SHIP’S NAME).”
* Where several prospective salvors appear on the scene, the master has absolute discretion in deciding which
vessel(s) will be employed. If more assistance is required, more salvors should be engaged. (A salvor may also
engage one or more sub-contractors.) Vessels already engaged in a salvage operation have no right to object to
others being brought in27.
* Where there is more than one salvor, the agreement of all salvors to co-operate with each other should be
obtained. One leading salvor should be appointed.
* If the vessel offering assistance declines to accept LOF but proposes other terms, these should be accepted.
However, if the terms offered seem unreasonable or extortionate, the master should communicate a suitable
protest and record this in the deck log and the Official Log Book.
* The authority of the master is not reduced by engagement of salvors; the master remains in command of his
vessel, even where a salvage master is on board and is supervising the salvage operation. Even where salvage
services have been accepted and assistance is being rendered, the salvor must cease the services if so instructed by
the master.
* The master and crew should, however, co-operate fully with professional salvors since they are experts in
salvage operations. Any advice given by a salvage master or other person in charge of providing or advising on
salvage services28 should be heeded.
* The master should ensure that he is fully aware of all salvage actions being taken.
* Salvors may not be experts in safety and handling of certain special cargoes, or be familiar with the vessel being
salved. If the master is in doubt about the advisability of any action suggested by the salvors, he should challenge
the advice given, bearing in mind his overriding responsibility for the safety of the ship, her cargo and the personnel
on board.
* M.1175 draws attention to “three publications which contain a great deal of information on the procedures to be
followed by a ship which is in hazard and by ships giving assistance”, i.e.:
Notice No.4 in the Annual Summary of Admiralty Notices to Mariners;
the IMO MERSAR Manual (which has been superseded by the IMO/ICAO IAMSAR Manual – see
H04b.12a); and
the ICS/OCIMF publication “Peril at Sea and Salvage: A Guide for Masters”.
* In deciding on a “place of safety”, the factors to be considered include:
the repair facilities at the place;
the possibility of safely discharging and storing cargo and of forwarding it to its destination;
the danger of deterioration of the cargo in the place;
whether the place is the most suitable place at which the vessel can be repaired, with regard to nearness,
convenience, cheapness and facilities; and
whether the vessel is capable of manoeuvring under her own power or not, and whether, therefore, she could
still be regarded as being in a position of danger even though moored in a “safe port”.
* Taking the above factors into account, it may be necessary for the ship to be towed past places at which she could lie
in safety. Arbitrators tend to consider that unless a vessel is at a port or place where she can effect the repairs
necessary for the safe continuation of the voyage, she cannot be considered to be in a “place of safety” so far as
completion of the salvage services is concerned. The master should not, therefore, release the salving vessel until his
ship is in a place of safety or a place named in the LOF.
H05e.3 Offering salvage assistance
* There is a statutory obligation to attempt to save the lives of persons in distress at sea (see H04b.1a), but no such
obligation to save maritime property in danger of being lost. Any attempt by the master of a merchant vessel to
save property is a commercial venture and not a statutory obligation.
* A vessel requiring a tow (e.g. a disabled, drifting vessel) is not necessarily in distress. The master of a vessel
offering a towage service should, therefore, carefully consider the following points before contracting to perform a
salvage service:
Does the contract of carriage (as contained in the charter party or bill of lading) give the vessel the liberty to
tow?
Are there sufficient bunkers and/or fresh water on board for the tow, and will sufficient reserves be
maintained, throughout and after the tow, to meet the stipulations of the owner or charterers?
Is there a possibility of missing any cancelling date under a charter party? (See F05b.1.)
Does the nature of the cargo permit a lengthening of the voyage? (This is relevant especially in reefers.)
Is the vessel’s machinery of adequate power and in good enough condition for towing?
Is the value of the vessel requesting the tow, plus her cargo, of sufficient value to merit a salvage service?
Has an agreement to salvage on Lloyd’s Open Form terms been made? (See below.)
Has a port of destination or place of safety been agreed? (Where the casualty is near the UK it is preferable to
tow the vessel here rather than to a Continental port.) (See H05e.2.)
Have the owner or manager and any time charterer been notified, so that additional hull insurance can be
arranged if necessary?
Are proper records of all events and circumstances to date being kept? (See H05e.4.)
* Lloyd’s Open Form 2000 (LOF 2000) is the most appropriate contract to be offered to the vessel requiring
assistance. An offer of salvage services on LOF 2000 terms may be agreed to by sending a message as follows:
“OFFER SALVAGE SERVICES ON BASIS LLOYD’S OPEN FORM 2000 LOF 2000 NO CURE NO PAY.
MASTER (SHIP’S NAME)”.
