Announcing the York Antwerp Rules 1994.


Date FOR-1997-01-24-36


Affairs Ministry of Justice


Published Dept. In 1997 157


Commencement 01.01.1997

Edited


Changes


For
Norway

Legal
LOV-1994-06-24-39-§461

Promulgated


Short Title
York Antwerp Rules 1994

Chapter Overview:

I
II
III

Stipulated by Royal Decree. 24 January 1997 pursuant to the Act of 24 June 1994 no. 39 on maritime (Maritime Code) § 461. Submitted by the Ministry of Justice.

I

Interpreting Rule

In the adjustment of general average the following rules apply, so that the exclusion of any Law and Practice inconsistent therewith.
For as otherwise provided in the main rule and of rules be general average are settled in accordance with subparagraph rules.

Main rule

As allowance in no case sacrifices or expenses unless they are made or incurred by reason.

Rule A

A general average act when, and only when the interests of public safety is intentionally and reasonably made an extraordinary sacrifice or incurred an extraordinary expense in order to save property involved in a common maritime adventure from danger.
General average sacrifice and expenses shall be borne by the different contributing interests on the basis set out below.

Rule B

There is a common maritime adventure when one or more vessels towing or pushing one or more other vessels, provided they are all involved in commercial activities and not in a salvage operation.
When measures are taken to preserve the vessels and their cargoes, if any, from a common peril, these Rules shall apply.
A ship is not in common peril with another vessel or vessels if it is in safety by simply disconnecting from the other vessel or other vessels; but the adventure continues if the disconnection is itself a general average act.

Rule C

Only such losses, damages or expenses which are the direct consequence of the general average act shall be allowed as general average.
Losses, damages or expenses allowance in no case if they are incurred in respect of environmental damage or as a result of pollutants have leaked or been released from assets within the adventure.
Demurrage, market, and any loss or damage sustained or expense incurred by reason of delay, whether on the voyage or subsequently, and any indirect loss whatsoever, shall not be general average.

Rule D

The right to contribution in general average shall not be affected, though the event which gave rise to the sacrifice or expenditure may have been due to the fault of one of the parties to the adventure, but this shall not prejudice any remedies or defenses which may be open against or to State party for such a mistake.

Rule E

The burden of proving that a loss or expense is recoverable as general average lies on the person claiming such compensation.
Within 12 months after the date the adventure ended, all parties claiming in general average give notice in writing to the average adjuster of the loss or expense which they claim contribution.
If such notification, or if someone does not put forward evidence in support of a notified claim, or particulars about the value of a contributory interest within 12 months after they are requested, the average adjuster shall occasion to estimate the allowance or the contributory value on the basis of the information available to him, which estimate may be challenged only on the grounds that it is manifestly incorrect.

Rule F

Any additional expense incurred in place of another expense which would have been allowable as general average shall be deemed to be general average and replaced as such, without regard to what might be spared to other interests, but only up to an amount equal to the general average expense avoided.

Rule G

As regards both loss and contribution made general average up on the basis of values ​​at the time and place ends.
This rule shall not affect the determination of the place where the adjustment to be made up.

When a ship is at any port or place in circumstances which would give rise to an allowance in general average under Rule X and XI, and the cargo or part thereof is forwarded to destination by other means, rights and liabilities in general average as far as possible remain the same as they would have been without such forwarding, as if the adventure had continued with the original ship as long as this could have been justified by the contract of affreightment and the background court shall be used, provided that load stakeholders are notified when this is practicable.
Applying the third paragraph of this Rule shall not cause the load share of claims in general average exceeds the cost cargo owners would incurred if the cargo had been forwarded at their expense.

Rule I Jettison of cargo

Jettison of cargo shall not in any event as general average, unless such cargo is carried in accordance with the recognized custom of the trade.

Rule II Loss or Damage by Sacrifices for the Common Safety

As allowance for loss and damage to the property involved in the common maritime adventure by or in consequence of a sacrifice made for the common safety, or by water which goes down a ship's hatches or other openings when they are opened to enable a jettison for the common safety.

Rule III Extinguishing fire aboard

As allowance injury added ship or cargo to extinguish a fire on board with water or otherwise, herein including damage by beach setting or scuttling a burning ship; However replaced damage by smoke, no matter how it is occurring, or by heat from the fire.

Rule IV Cutting away Wreck

As allowance not damage or loss sustained by cutting away wreck or parts of the ship which have previously been carried away or lost by accident.

Rule V Voluntary Stranding

When a ship is intentionally run on shore for the common safety, shall loss and damage to the property involved in the common maritime adventure in consequence thereof, shall be allowed in general average without regard to whether or not she might have been driven on shore.

Rule VI Berg Salary

(A)
Expenses parties to the adventure had to salvage measures, whether under contract or otherwise, shall be allowed in general average provided that the salvage operations were undertaken to save property involved in the adventure of danger.

Expenses in general average shall include any salvage where salvors skills and efforts to prevent or limit environmental damage as referred to in the International Convention on Salvage, 1989 Article 13. 1 (b), is taken into consideration.

(B)
Special compensation payable to a salvor by the owner or shipowner under Article 14 of the said Convention shall in general average to the extent that the payment obligation provided in paragraph. 4 of the article or of another provision similar in substance.

Rule VII Damage to machinery and boilers

In allowance for damage is added all machinery and boilers while trying refloating of a ship aground and endangered when it is proved that the damage is due to a real intention, with the risk of such damage, bringing the ship great in the interests of public safety; but when a ship is afloat, shall in any case that the general average loss or damage caused by working propelling machinery and boilers.

Rule VIII Expenses lightening a Ship when Ashore, and Consequent Damage

When a ship aground, and it unloads its cargo, fuel or supplies by a general average act shall be allowed as general average the additional costs that may be incurred in order to lighten the ship, lighter hire and reloading, and any loss or damage assets within the adventure.

Rule IX Cargo, ship's materials and stores, or used as fuel

Cargo, ship's materials and stores it in a time of peril, necessarily used for fuel for the common safety, as general average, but when such an allowance is made for the cost of ship's materials and stores the general average shall be credited with the estimated cost of the fuel which would otherwise have been consumed in prosecuting the intended voyage.

Rule X port of refuge expenses etc.

(A)

If a ship as a result of accident, sacrifice or other extraordinary circumstances, shall have entered a port or place of refuge or shall have returned to her port or place where it took its cargo, and this has been necessary due the common safety, the expenses of entering such port or place as general average; and when she shall have sailed thence with her original cargo, or a part thereof, as general average also the corresponding expenses of leaving such port or place insofar as they are consequent upon such entry or return journey.

When a ship is at any port or place of refuge, and it is necessary to move it to another port or place because repairs can not be performed in the first port or at the first place, the provisions in this rule for the other port or else as if it had been refuge and the cost of such removal including temporary repairs and towage as general average. The provisions of Rule XI shall be applied to the prolongation of the voyage occasioned by such removal.

(B)
The cost of handling on board or discharging cargo, fuel or stores whether the ship is at loading, port of call or refuge, as general average, when the handling or discharge was necessary for the public safety or to enable the repair of damage to the ship caused by sacrifice or accident, if the repairs were necessary for the prosecution of the voyage in safety, except in cases where the damage to the ship is discovered at a loading port or port of call without anyone accident or other extraordinary circumstance connected with such damage having taken place during the journey.

The cost of handling on board or discharging cargo, fuel or stores shall not be allowed as general average when incurred solely for the purpose of restowage due to shifting during the voyage, except such restowage is necessary in the interests of public safety.

(C)
Whenever the cost of handling or discharging cargo, fuel or stores is allowable as general average shall be allowed as general average also costs of storage, including insurance if it has been reasonable to draw this, reloading and stowing of such cargo, fuel or supplies. The provisions of Rule XI shall be applied to the extra period such reloading or restowing.

But when the ship is condemned or does not proceed on her original voyage, storage expenses as general average only up to the day the ship was condemned or of the abandonment or until the date of discharge of cargo was completed in the event that the ship is condemned or abandonment takes place before that day .

Rule XI Wages and Maintenance of Crew and other expenses for calls and stays in port of refuge etc.

(A)
Wages and maintenance of master, officers and crew reasonably incurred, as well as fuel and stores consumed during an extension of the journey be induced by a ship enters a port or place of refuge or returns to any port or place where it has loaded, as general average when expenditures by tarnish such port or place are allowable as general average under rule X (a).

(B)
If a ship shall have entered or been detained in any port or place in consequence of accident, sacrifice or other extraordinary circumstances which render that necessary for the common safety or to enable repair of damage the ship caused by sacrifice or accident in cases where repairs are necessary for the prosecution of the voyage in safety, the wages and maintenance of master, officers and crew reasonably incurred during the extra detention in such port or place until the ship or should have been ready to continue the journey, replaced in general average.

Fuel and stores consumed during the extra period as general average, except such fuel and stores as are consumed in effecting repairs not allowable in general average.
Port charges incurred during the extra period of detention shall likewise be admitted as general average, except such such charges as are incurred solely by reason of repairs not allowable in general average.

In cases where the damage to the ship is discovered at a loading port or port of call without any accident or other extraordinary circumstance connected with such damage having taken place during the voyage, the wages and maintenance of master, officers and crew and fuel and stores consumed and port charges incurred during the extra period for repairs to damages, not as general average, even if the repairs were necessary for the prosecution of the voyage in safety.
When the ship is condemned or does not proceed on her original voyage, the wages and maintenance of master, officers and crew and consumption of fuel and stores, as well as port charges only as general average up to the day the ship was condemned or of the abandonment or until the day discharge of cargo was completed in the event that the ship is condemned or abandonment before this day.

(C)
In this and the other Rules wages shall include all payments made to or for the benefit of the master, officers and crew, whether such payments incumbent company in accordance with the law or be made according to employment .

(D)
cost of measures undertaken to prevent or minimize damage to the environment in general average when incurred in any or several of the following circumstances:

(I)
as part of an operation performed for the common safety which, had it been undertaken by a party outside the common maritime adventure, would have entitled such party to a salvage reward

(Ii)
as a condition for entry into or departure from any port or place in the circumstances prescribed in Rule X (a)

(Iii)
as a condition of remaining at any port or place in the circumstances prescribed in Rule X (a), but when a leak or emission of pollutants actually happened, the costs of any additional measures to prevent or minimize pollution or environmental damage shall not be allowed as general average

(Iv)
necessarily in connection with the discharging, storing or reloading of cargo whenever the cost of those operations is allowable as general average.

Rule XII Damage to Cargo in Discharging, etc.

Damage to or loss of cargo, fuel or supplies resulting from handling, unloading, storing, reloading and stowing shall be allowed as general average when - and only when - the cost of those measures as general average.

Rule XIII Deductions repair costs

Repairs to be allowed in general average shall not be deducted from the difference between old and new where old material or parts are replaced by new unless the ship is over 15 years, then it will be a deduction of one third. The deductions are determined by age of the ship from the 31st December of the year when construction was completed to the date of the general average act, except for insulation, life and similar boats, communications and navigational apparatus and equipment, machinery and boilers for which the deductions shall be regulated by the age of the particular parts which deductions apply.
Deductions for the new materials or parts are made only from the cost of the materials in finished and ready to be installed on the ship.
There shall be no deductions for supplies, stores, anchors and anchor chains.
Drydock and slipway dues and costs of shifting the ship fully refundable.
The costs of cleaning, painting or coating of bottom shall not be allowed in general average unless the bottom has been painted or coated within the twelve months prior to the general average act took place; In that case one half of such costs shall.

Rule XIV Temporary Repairs

When loading, anløps- or emergency port temporary repairs for the common safety, or of damage caused by general average sacrifice, the cost of such repairs as general average.
Where temporary repairs of accidental damage are effected in order to enable can be completed, the cost of such repairs as general average without regard to what might be spared for other stakeholders, but not exceeding an amount corresponding to the saving in expense which would have been incurred and allowed in general average if such repairs had not been effected there.
There shall be no deductions for the difference between old and new cost of temporary repairs allowable as general average.

Rule XV Loss of Freight

Loss of freight arising from damage to or loss of cargo shall be allowed as general average, either when caused by a general average act, or when the damage to or loss of cargo in this way.

Expenditure which the owner thereof would have incurred to earn such freight, but has, in consequence of the sacrifice has not had deducted from the gross freight lost.

Rule XVI Compensation for Cargo Lost or Damaged by Sacrifice

The amount to be admitted as general average for damage to or loss of cargo sacrificed shall be the loss which has been sustained by sacrifice, based on the value at the time of discharge in accordance with the recipient's invoice or, failing such invoice from the shipped value. The value at the time of discharge shall include the cost of insurance and freight except insofar as anyone other than fright is risk deportation.
When cargo so damaged is sold and not otherwise been agreed amount of the damage, the loss to be allowed in general average shall be the difference between the net proceeds of sale and the net sound value as computed in the first paragraph of this rule.

Rule XVII Contributory Values ​​

Contributions to general average shall be made upon the actual net values ​​at the termination except that the value of cargo shall be the value at the time of discharge in accordance with the recipient's invoice, or lack of such invoice from the shipped value. The value of the cargo shall include the cost of insurance and freight except insofar as anyone other than load the risk of interests freight, and deducting therefrom any loss or damage which the load has been applied before or during the time of discharge. The value of the ship shall be determined without regard to the beneficial or detrimental effect of any demise or time charters concluded.
To these values ​​shall be added the amount made good as general average for property sacrificed, if not already included. In the company's freight and passenger money in risk deducted such expenses and crew hires who would not have incurred to earn such freight if ship and cargo had gone totally lost the day the general average act was performed, and that is not replaced as general average. Moreover deducting the assets for all expenses that are applied to them by the general average act, except such charges as are allowed in general average or fall upon the ship by virtue of an award for special compensation under article 14 of the International Convention on Salvage, 1989 or under any another provision similar in substance.
In the circumstances envisaged in the third paragraph of Rule G, the cargo and other property shall contribute on the basis of its value upon delivery at original destination unless they are sold or otherwise disposed of that destination, and the ship shall contribute based on its actual net value at the time of discharge of cargo was completed.
Where cargo is sold short of destination, however, it shall contribute upon the actual net proceeds of sale, with the addition of as general average.
Post, passengers' luggage, personal effects and private motor vehicles shall have on not contribute in general average.

Rule XVIII Damage to Ship

The amount to be allowed as general average for damage or loss to the ship, her machinery and / or gear caused by a general average act shall be as follows:

(A)
When repaired or replaced,:

The actual and reasonable cost of such repair or renovation, with deductions in accordance with Rule XIII;

(B)
When not repaired or replaced is made:

The reasonable depreciation arising from such damage or loss, but not exceeding the estimated cost of repairs. When there is an actual total loss of the ship or when the repair costs would exceed the value after repairs, shall be the amount allowable as general average being the difference between the ship's assessed value in undamaged after deducting estimated cost of repairs for damage that is not general average and ship value in damaged condition, which can be set to net proceeds from any sale.

Rule XIX Undeclared or Wrongfully Declared Cargo

Damage or loss caused to goods loaded without the shipowner or his agent knowingly or goods willfully incorrect described by shipment shall not be general average but such goods shall remain liable to contribute, if saved.
Damage or loss caused to goods which at time of shipment has been erroneously reviewed by a lower value than the real, replaced in general average on the basis of declared value, but contributes by its real value.

Rule XX Provision of Funds

In general average remunerated 2 percent commission of general average disbursements, other than the wages and maintenance of master, officers and crew and fuel and stores not replaced during the voyage.

The capital loss sustained by owners of goods sold for the purpose of raising funds to defray general, replaced in general average.
The cost of insuring outlays to cover general average expenses shall also be allowed in general average.

Rule XXI Interest on joint damage compensation

On expenditure, sacrifices and allowances in general average, demonstrated interest until 3 months after the average adjustment for an interest rate of 7 percent per year, having due regard to any advance payment from the contributory interests or from the sums deposited for the general average .

Rule XXII Treatment of Cash Deposits

When cash deposits have been collected in respect of cargo's liability for general average, salvage or special charges, such deposits without any delay into a special account in the joint shall be held by a representative nominated on behalf of the shipowner and a representative nominated on behalf of the depositors in a bank to be approved by both. Sums deposited in this way must, together with accrued interest, to stand as security for payment to the parties entitled thereto of the general average, salvage or special charges payable by cargo it is deposited for. Payments on account or refunds of deposits may be made in writing by the average adjuster. Such deposits and payments or refunds shall be without prejudice to the parties' final responsibility.

II

York Antwerp Rules 1994 have come into force upon entry into force of the Act of 2 August 1996 no. 61 on amendments to the Maritime Code mm (salvage and special rules for domestic cargo transport).
Royal Decree. of 12 September 1975 no. 2 on the promulgation of the York-Antwerp Rules 1974 (regulations regarding general average, etc.) is repealed.

III

Rule of Interpretation

In the adjustment of general average The Following Rules Shall apply to the exclusion of any Law and Practice inconsistent therewith.
Except as provided by the Rule Paramount and the numbered Rules, general average Shall Be Adjusted According to the lettered Rules.

Rule Paramount

In no case Shall there be any allowance for sacrifice or expenditure Unless reasonably made or incurred.

Rule A

There is a general average act When, and only When, any extraordinary sacrifice or expenditure is Intentionally and reasonably made or incurred for the common safety for the purpose of preserving from peril the property Involved in a common maritime adventure.
General average sacrifices and expenditure Shall Be borne by the different Contributing interests on the basis hereinafter provided.

Rule B

There is a common maritime adventure When one or more vessels are towing or pushing another vessel or vessels, provided That they are all Involved in commercial activities and not in a salvage operation.
When Measures are taken two preserve the Vessels and Their cargoes, if any, from a common peril, These Rules Shall apply.
A vessel is not in common peril with another vessel or vessels if by simply disconnecting from the other vessel or vessels she is in safety; but if the disconnection is itself a general average act the common maritime adventure continues.

Rule C

Only suchlike unloaded, damages or Expenses wooden are the direct Consequence of the general average act Shall Be allowed as general average.
In no case Shall there be any allowance in general average for unloaded, damages or Expenses incurred in respect of damage to the environment or in Consequence of the escape or release of pollutant substances from the property Involved in the common maritime adventure.
Demurrage, loss of market, and any loss or damage sustained or expense incurred by reason of delay, Whether on the voyage or subsequently, and any indirect loss whatsoever, shall not be admitted as general average.

Rule D

Rights two contribution in general average shall not be AFFECTED, though the event wooden gift rise to the sacrifice or expenditure march havebeen due to the fault of one of the parties to the adventure; but this shall not prejudice any remedies or defenses wooden apr ask open against or two That party in respect of suchlike fault.

Rule E

The onus of proof is upon the party Claiming in general average two shows That the loss or expense Claimed ice Properly allowable as general average.
All parties Claiming in general average Shall give notice in writing to the average adjuster of the loss or expense in respect of wooden They claim contribution within at 12 months of the date of the termination of the common maritime adventure.

Failing suchlike notification, or if within at 12 months of a request for the same any of the parties Shall fail to supply evidence in support of a notified guest claim, or particulars of value in respect of a contributory interest, the average adjuster Shall Be that liberty two estimate the extent of the allowance or the contributory value on the basis of the information available two him, wooden estimate apr ask challenged only on the ground thats it is manifestly incorrect.

Rule F

Any additional expense incurred in place of another expense wooden would havebeen allowable as general average Shall Be deemed to be general average and so allowed without regard 'to the saving, if any, two other interests, but only up to the amount of the general average expense avoided.

Rule G

General average Shall Be Adjusted as regards both loss and contribution upon the basis of values ​​at the time and place When and where the adventure ends.
This rule shall not Affect the determination of the place that wooden the average statement is to be made up.
When a ship is at any port or place in Circumstances wooden would give rise two an allowance in general average under the Konvertibelt of Rules X and XI, and the cargo or part thereof is forwarded to destination by other Means, rights and Liabilities in general average Shall, subject two cargo interests being notified guest if practicable, Remain as nearly as possible the same as They would havebeen in the absence of suchlike forwarding, as if the adventure had Continued in the original ship for so long as justifiable under the contract of affreightment and the applicable law.
The Proportion Attaching two cargo of the allowances made in general average by reason of Applying the third paragraph of this Rule shall not Exceed the cost wooden would havebeen borne by the owners of cargo if the cargo had BEEN forwarded at their expense.

Rule In jettison of cargo

No jettison of cargo Shall Be made good as general average, Unless suchlike cargo is the carried in accordance with the Recognised custom of the trade.

Rule II Loss or Damage by Sacrifice for the Common Safety

Loss of or damage to the property Involved in the common maritime adventure by or in Consequence of a sacrifice made for the common safety, and city water wooden goesdown a ship's hatches opened or other opening made for the purpose of making a jettison for the common safety, Shall be made good as general average.

Rule III Extinguishing Fire on Shipboard

Damage done to a ship and cargo, or the toilet of themselve, city water or other wise, includingsuch damage by beaching or scuttling a burning ship, in extinguishing a four on board the ship, Shall Be made good as general average, except That no compensation Shall be made for damage by smoke however caused or by heat of the fire.

Rule IV Cutting away Wreck

Loss or damage sustained by cutting away wreck or parts of the ship whichhave Previously BEEN the carried away or are Effectively lost by accident shall not be made good as general average.

Rule V Voluntary Stranding

When a ship is Intentionally run on shore for the common safety, Whether or not she might havebeen driven on shore, the consequent loss or damage to the property Involved in the common maritime adventure Shall Be allowed in general average.

Rule VI Salvage Remuneration

(A)
Expenditure incurred by the parties to the adventure in the nature of salvage, Whether under contract or other wise, Shall Be allowed in general average provided That the salvage operations were the carried out for the purpose of preserving from peril the property Involved in the common maritime adventure.

Expenditure allowed in general average Shall include any salvage Remuneration in wooden the skill and efforts of the salvors in Preventing or Minimising damage to the environment suchlike as is Referred two in Article 13 paragraph 1 (b) of the International convention on Salvage, 1989 havebeen taken intoaccount.

(B)
Special compensation payable to a salvor by the shipowner under Article 14 of the said Convention to the extent Specified in paragraph 4 of Article That or under any other commission costs similar in substance shall not be allowed in general average .

Rule VII Damage to Machinery and Boilers

Damage caused two any machinery and boilers of a ship wooden ashore and in a position of peril, in endeavoring two refloat, Shall Be allowed in general average When shown two have Arisen from an actual intention to float the ship for the common safety at the risk of suchlike damage; but where a ship is afloat no loss or damage caused by working propelling machinery and boilers Shall in any Circumstances request made good as general average.

Rule VIII Expenses lightening a Ship When Ashore, and consequent Damage


When a ship is ashore and cargo and ship's fuel and stores or any of them at are discharged as a general average act, the extra cost of lightening, lighter hire and reshipping (if incurred), and any loss or damage to the property Involved in the common maritime adventure in Consequence thereof, Shall be admitted as general average.

Rule IX Cargo, Ship's Materials and Stores used for Fuel

Cargo, ship's materials and stores, or any of them at, Necessarily used for fuel for the common safety at a time of peril Shall be admitted as general average, but When suchlike an allowance is made for the cost of ship's materials and stores the general average Shall be credited with the Estimated cost of the fuel wooden would other wise havebeen Consumed in prosecuting the intended voyage.

Rule X Expenses of Port of Refuge, etc.

(A)
When a ship Shall have Rediger a port or place of refuge or Shall garden Returned two here port or place of loading in Consequence of accident, sacrifice or other extraordinary Circumstances wooden render That Necessary for the common safety , the expense of entering suchlike port or place Shall be admitted as general average; and When She Shall have sailed thence with here original cargo, or a part of it, the Corresponding Expenses of leaving suchlike port or place of refuge consequent upon suchlike entry or return Shall likewisethat be admitted as general average.

When a ship is at any port or place of refuge and ice Necessarily removed two another port or place Because repairs can not be the carried out in the first port or place, the Konvertibelt of this Rule Shall Be Applied to the second port or place as if it were a port or place of refuge and the cost of suchlike removal includingsuch temporary repairs and towage Shall be admitted as general average. The Konvertibelt of Rule XI Shall Be Applied to the prolongation of the voyage occasioned by suchlike removal.

(B)
The cost of action on board or discharging cargo, fuel or stores Whether at a port or place of loading, call or refuge, Shall be admitted as general average, When The action or discharge was Necessary for the common safety or two enable damage to the ship caused by sacrifice or accident to be repaired, if the repairs were Necessary for the safe prosecution of the voyage, except in cases where the damage to the ship is discovered at a port or place of loading or call without any accident or other extraordinary Circumstances connected with suchlike damage having taken place during the voyage.

The cost of action on board or discharging cargo, fuel or stores shall not be admissible as general average When incurred solely for the purpose of restowage dove two shifting during the voyage, Unless suchlike restowage is Necessary for the common safety.

(C)
Whenever the cost of action or discharging cargo, fuel or stores is admissible as general average, the costs of storage, includingservers insurance if reasonably incurred, reloading and stowing of suchlike cargo, fuel or stores Shall likewisethat be admitted as general average. The Konvertibelt of Rule XI Shall Be Applied to the extra period of detention occasioned by suchlike reloading or resto wing.

But When The ship is condemned or does not PROCEED on her original voyage, storage Expenses Shall be admitted as general average only up to the date of the ship's Condemnation or of the Abandonment of the voyage or up to the date of completion of discharge of cargo if the Condemnation or Abandonment takes place before That date.

Rule XI Wages and Maintenance of Crew and other Expenses bearing up for and in a port of refuge, etc.

(A)
Wages and maintenance of master, officers and crew reasonably incurred and fuel and stores Consumed during the prolongation of the voyage occasioned by a ship entering a port or place of refuge or returning two here port or place of loading Shall be admitted as general average When the expense of entering suchlike port or place are allowable in general average in accordance with Rule X (a).

(B)
When a ship Shall have Rediger or BEEN detained in any port or place in Consequence of accident, sacrifice or other extraordinary Circumstances wooden render That Necessary for the common safety, or two enable damage to the ship caused by sacrifice or accident to be repaired, if the repairs were Necessary for the safe prosecution of the voyage, the wages and maintenance of the master, officers and crew reasonably incurred during the extra period of detention in suchlike port or place until the ship Shall or should havebeen ready The certificate upon here voyage, Shall be admitted in general average.

Fuel and stores Consumed during the extra period of detention Shall be admitted as general average, except suchlike fuel and stores as are Consumed in effecting repairs not allowable in general average.

Port charges incurred during the extra period of detention Shall likewisethat be admitted as general average except suchlike charges as are incurred solely by reason of repairs not allowable in general average.
Provided That When damage to the ship is discovered at a port or place of loading or call without any accident or other extraordinary circumstance connected with suchlike damage having taken place during the voyage, then the wages and maintenance of master, officers and crew and fuel and stores Consumed and port charges incurred during the extra detention for repairs two damages so discovered shall not be admissible as general average, even if the repairs are Necessary for the safe prosecution of the voyage.
When the ship is condemned or does not PROCEED on her original voyage, the wages and maintenance of the master, officers and crew and fuel and stores Consumed and port charges Shall be admitted as general average only up to the date of the ship's Condemnation or of the Abandonment of the voyage or up to the date of completion of discharge of cargo if the Condemnation or Abandonment takes place before That date.

(C)
For the purpose of this and the other Rules wages Shall include all payments made to or for the benefit of the master, officers and crew Whether suchlike payments be imposed by law upon the ship owners or request made under the terms of articles of employment.

(D)
The cost of Measures under taken two contraceptives or Minimise damage to the environment Shall Be allowed in general average When incurred in any or all of the following Constantly Circumstances:

(I)
as part of an operation Performed for the common safety wooden, had it BEEN under taken by a party outside the common maritime adventure, would have Entitled suchlike party to a salvage reward;

(Ii)
as a condition of entry into or departure from any port or place in the Circumstances Prescribed in Rule X (a);

(Iii)
as a condition of remaining at any port or place in the Circumstances Prescribed in Rule X (a), provided That When there is an actual escape or release of pollutant substances the cost of any additional Measures required on That account two contraceptives or Minimise pollution or environmental damage shall not be allowed as general average;

(Iv)
Necessarily in connection with the discharging, storing or reloading of cargo wheneever the cost of Reviews those operations is admissible as general average.

Rule XII Damage to Cargo in discharging, etc.

Damage to or loss of cargo, fuel or stores sustained in Consequence of Their action, discharging, storing, reloading and stowing Shall Be made good as general average, When and only When The cost of Reviews those Measures respectively is admitted as general average .

Rule XIII Deduction from Cost of Repairs

Repairs to be allowed in general average shall not be subject two Deduction in respect of "new or old" where old material or parts are replaced by new Unless the ship is over fifteen years old in wooden case there Shall Be a Deduction of one third. The Deduction Shall Be regulated by the age of the ship from the 31st December of the year of completion of the construction to the date of the general average act, except for insulation, life and similar boats, communications and navigational apparatus and equipment, machinery and boilers for wooden the Deduction Shall be regulated by the age of the Particular party two wooden They apply.
The Deduction Shall Be made only from the cost of the new material or parts when finished and ready to be installed in the ship.
No Deduction Shall Be made in respect of Konvertibelt, stores, anchors and chain cables.
Drydock and slipway dues and costs of shifting the ship Shall Be allowed in full.
The costs of cleaning, painting or coating of bottom shall not be allowed in general average Unless the bottom HAS BEEN painted or coated within at the twelve months preceding the date of the general average act in wooden case one half of suchlike costs Shall Be allowed.

Rule XIV Temporary Repairs

Where temporary repairs are effected to a ship at a port of loading, call or refuge, for the common safety, or of damage caused by general average sacrifice, the cost of repairs suchlike Shall be admitted as general average.
Where temporary repairs of accidental damage are effected in order two enable the adventure to be completed, the cost of repairs suchlike Shall be admitted as general average without regard 'to the saving, if any, two other interests, but only up to the saving in expense wooden would havebeen incurred and allowed in general average if suchlike repairs had not BEEN effected there.
No Deduction "new for old" Shall Be made from the cost of temporary repairs allowable as general average.

Rule XV Loss of Freight


Loss of freight arisings from damage to or loss of cargo Shall Be made good as general average, the toilet When caused by a general average act, or When The damage to or loss of cargo is so made good.
Deduction Shall Be made from the amount of gross freight lost, of the charges wooden the owner thereof would have incurred two earn suchlike freight, but has, in Consequence of the sacrifice, not incurred.

Rule XVI Amount to be made good for Cargo Lost or Damaged by Sacrifice

The amount to be made good as general average for damage to or loss of cargo sacrificed Shall Be the unloading wooden HAS BEEN sustained thereby based on the value at the time of discharge, ascertained from the commercial invoice rendered to the receiver or if there is no such invoice from the shipped value. The value at the time of discharge Shall include the cost of insurance and freight except insofar as suchlike fright is at the risk of interests other than the cargo.
When cargo so damaged is sold and the amount of the damage hasnt BEEN other wise Agreed, the loss to be made good in general average Shall Be the difference between the net proceeds of sale and the net sound value as computed in the first paragraph of this Rule.

Rule XVII Contributory Values ​​

The contribution to a general average Shall Be made upon the actual net values ​​of the property at the termination of the adventure except That the value of cargo Shall Be the value at the time of discharge, ascertained from the commercial invoice rendered to the receiver or if there is no such invoice from the shipped value. The value of the cargo Shall include the cost of insurance and freight Unless and insofar as suchlike freight is at the risk of interests other than the cargo, deducting therefrom any loss or damage Suffered by the cargo prior to or at the time of discharge. The value of the ship Shall Be Assessed without taking intoaccount the beneficial or detrimental effect of any demise or time charter party two wooden the ship apr pray committed.
Two These values ​​Shall be added the amount made good as general average for property sacrificed, if not alreadytakenusername included, Deduction being made from the freight and passage money at risk of suchlike charges and crew's wages as would not have been incurred in earning the freight had the ship and cargo BEEN totally lost at the date of the general average act and have not BEEN allowed as general average; Deduction being Also made from the value of the property of all extra charges incurred in respect thereof subsequently to the general average act, except suchlike charges as are allowed in general average or fall upon the ship by virtue of an award for special compensation under Article 14 of the International Convention on Salvage, 1989 or under any other commission costs similar in substance.
In the Circumstances envisaged in the third paragraph of Rule G, the cargo and other property Shall Contribute on the basis of its value upon delivery at original destination Unless sold or other wise disposed of short of That destination, and the ship Shall Contribute upon its actual net value at the time of completion of discharge of cargo.
Where cargo is sold short of destination, however, it Shall Contribute upon the actual net proceeds of sale, with the Addition of any amount made good as general average.
Mails, passenger's luggage, personal effects and accompanied private motor vehicles shall not Contribute in general average.

Rule XVIII Damage to Ship

The amount to be allowed as general average for damage or loss to the ship, here machinery and / or gear caused by a general average act Shall Be as FOLLOWS:

(A)
When repaired or replaced,

The actual reasonable cost of repairing or replacing suchlike damage or loss, subject two Deduction in accordance with Rule XIII;

(B)
When not repaired or replaced,

The reasonableness Depreciation arisings from suchlike damage or loss, but not Exceeding the Estimated cost of repairs. But where the ship is an actual total loss or When The cost of repairs of the damage would Exceed the value of the ship When repaired, the amount to be allowed as general average Shall Be the difference between the Estimated sound value of the ship after deducting there from the Estimated cost of repairing damage wooden tongue general average and the value of the ship in her damaged state wooden apr ask Measured by the net proceeds of sale, if any.

Rule XIX Undeclared or wrongfully DECLARED Cargo

Damage or loss caused two goods loaded without the knowledge of the shipowner or his agent or two goods willfully misdescribed the time of shipment shall not be allowed as general average, but suchlike goods Shall Remain liable two Contribute, if saved.
Damage or loss caused two goods wooden havebeen wrongfully DECLARED on shipment at a value wooden lowerthan Their real value Shall Be Contributed that the DECLARED value, but suchlike goods Shall Contribute upon Their actual value.


Rule XX Provision of Funds

A commission of 2 per cent. on general average disbursements, other than the wages and maintenance of masters, officers and crew and fuel and stores not replaced during the voyage, Shall Be allowed in general average.
The capital loss sustained by the owners of goods sold for the purpose of raising funds two defray general average disbursements Shall Be allowed in general average.
The cost of insuring general average disbursements Shall Also be admitted in general average.

Rule XXI Interest on Losses made good in General Average

Interest Shall Be allowed on expenditure, sacrifices and allowances in general average at the rate of 7 per cent. per annum, until three months after the date of issue of the general average adjustment, due allowance being made for any payment on account by the contributory interests or from the general average deposit fund.

Rule XXII Treatment of Cash Deposits

Where cash deposits havebeen Collected in respect of cargo's liability for general average, salvage or special charges, suchlike deposits Shall Be paid without any delay into a special account in the joint names of a representative nominated on behalf of the shipowner and a representative nominated on behalf of the Depositors in a bank to be approved by both. The sum so deposited, together with accrued interest, if any, Shall Be held as security for payment to the parties Entitled thereto of the general average, salvage or special charges payable by cargo in respect two wooden the deposits havebeen Collected. Payments on account or refunds of deposits apr request made if certified two in writing by the average adjuster. Such deposits and payments or refunds Shall Be without prejudice to the ultimate liability of the parties.