The government gives the feeling that the York-Antwerp Rules 1994, the
wording in the English text and the Swedish translation as stated in the Annex
to this notice. The English texts are authentic.
Appendix
York-Antwerp Rules, 1994
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 ask Adjusted of 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 expenditures 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 to preserve the
Vessels and Their cargoes, if any, from a common peril, Rules These
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 Such Losses, damages or Expenses Which 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 Losses, 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 be,
and Indirect any loss whatsoever, Shall not be admitted as General || | average.
Rule D
Rights to contribution in general average Shall not be AFFECTED,
though the event Which gave rise to the sacrifice or expenditure
May havebeen due to the fault of one of the parties to the adventure;
But this Shall not Prejudice any remedies or defenses Which May be
against or open To That party in respect of Such fault.
Rule E
The onus of proof is upon the party Claiming in general average to show
That the loss or expense CLAIMED is properly allowable as general average
.
All Parties Claiming the general average Shall give notice in
writing to the average adjuster of the loss or expense in respect of
Which They claim contribution within 12 months of the date of the termination of the
common maritime adventure.
Failing Such notification, or if within 12 months of a Request For
The Same any of the parties Shall fail to supply evidence in support
Notified of a claim, or particulars of value in respect of a contribury | || interest, the average adjuster Shall be at liberty to estimate the extents
of the allowance or the contributory value on the basis of the
information available to him, estimate Which May be challenged only on the ground
That it is manifestly incorrect.
F Rule
Any additional expense Incurred in place of another expense Which
wouldhave been allowable as general average Shall be deemed to be
general average and so allowed without regard to the saving, if any, to other
interests, but only up to the Amount of the general average expense avoided
.
Rule G
General average Shall ask Adjusted as regards bothering
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 at
Which the average statement is 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 the
Provisions of Rules X and XI, and the cargo or part thereof is
Forwarded to the destination by Other Means, Rights and Liabilities in
general average Shall, subject to cargo interests being Notified
if practicable, the remain as nearly as possible the Same as They wouldhave
been in the absence of Such 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 to cargo of the allowances made in general average
by reason of Applying the third paragraph of this Rule
Shall not Exceed The Cost Which would have been borne by the owners of cargo if
The cargo had been at plain forwarded Their
expense.
Rule I - Jettison of Cargo
No jettison of carago Shall be made good as general average, unless
Such cargo is carried working in accordance with the custom of the Azimut
trade.
Rule II - Loss or Damage by Sacrifices 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 by water Which goes down 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 either of them, by water or
otherwise, including damage by beaching or scuttling a burning ship,
in extinguishing a fire 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 been Previously 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 have been driven on shore, the conséquent
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 the contract or otherwise, Shall ask
allowed in general average provided That the salvage operations were
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 which the skill and Efforts of the salvors in Preventing
sing or minimum damage to the environment Such as ice Referred to in Article 13 paragraph
|| |
1 (b) of the International Convention on Salvage, 1989
have been taken into account.
(B) Special compensation payable to a salves by the ship owner during
Article 14 of the said Convention to the extents Unspecified into
That paragraph 4 of Article or under any other commission similar in substance
Shall not be allowed in general average.
Rule VII - Damage to Machinery and Boilers
Damage caused to any machinery and boilers of a ship
Which is ashore and in a position of peril, in endeavouring to refloat, Shall ask
allowed in general average When shown to have Arisen from an actual || | intention to float the ship for the common safety at the risk of Such
damage; but where a ship is afloat no loss or damage caused by
working the propelling machinery and boilers Shall in Any Circumstances
be made good as general average.
Rule VIII - Expenses lightening a Ship When ashore, and conséquent Damage
When a ship is ashore and cargo and ship's fuel and stores or any of
them 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, Necessarily
used for fuel for the common safety at a time of peril
Shall be admitted as general average, but When Such an allowance is made for | || the cost of ship's materials and stores the general average Shall ask
credited with the Estimated cost of the fuel Which would otherwise
havebeen Consumed in prosecuting the Intended voyage.
Rule X - Expenses at Port of Refuge, etc.
(A) When a ship Shall ENTERED have a port or place of refuge or
Shall have Returned to her port or place of loading in Consequence of
accident, sacrifice or other extraordinary Circumstances Which render
That Necessary for the common safety, the Expenses of entering Such
port or place Shall be admitted as general average; and When She
Shall have sailed thence with her original cargo, or a part of it,
the Corresponding Expenses of leaving Such port or place conséquent
Such upon entry or return Shall likewise be admitted as general
average.
When a ship is at any port or place of refuge and ice Necessarily
removed to another port or place Because repairs Can not Be Carried
out in the first port or place, the commission of this Rule Shall pray | || applied to the second port or place as if it were a port or place of refuge and
The cost of Such removal including temporary repairs and
Towage Shall be admitted 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 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 act or discharge
was Necessary for the common safety or to 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 Such 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 due to shifting
During the voyage, unless Such restowage ice 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, including insurance if reasonably Incurred, reloading and
STOWING of Such cargo , fuel or stores Shall likewise be admitted as general average
. The Provisions of Rule XI Shall be applied to the
extra period of detention occasioned by Such reloading or
restowing.
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
duck 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
to her port or place of loading Shall be admitted as general average
When The Expenses of entering Such port or place
are allowable in general average in accordance with Rule X (a).
(B) When a ship Shall have been
ENTERED or 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 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 SCh port or place Until The ship
Shall or Should have been made ready to proceed upon her voyage, Shall ask
admitted in general average.
Fuel and stores Consumed During the extra period of detention Shall ask
admitted as eneral 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 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
Such 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 to 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 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 Such payments be imposed by law upon the ship owners or
be made under the terms of articles of employment.
(D) The cost of Measures under the ceilings to preventable or Minimise damage to the environment
Shall be allowed in general average When Incurred in
any or all of The Following Circumstances:
(I) as part of an Operation Performed for the common safety
Which, had it been over taken by a party outside the common maritime adventure
, wouldhave Entitled Such 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 XI (b), provided that when there is an actual
the escape or release of pollutant Substances The Cost of any Additional Measures
That required on account to preventable or Minimise pollution or environmental damage
Shall not be allowed as general average;
(Iv) Necessarily in connection with the discharging, magnification or reloading of cargo
Whenever The Cost Of 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, magnification, reloading and STOWING
Shall be made good as general average, When and Only When The Cost Of 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 to
deductions in respect of "new for old" where old material or parts are
Replaced by new unless the ship is over fifteen years old in || | Which case Shall there be a deduction of one third. The deductions
Shall be regulated by the age of the ship from the 31st December of the year
of completion of 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 the deductions
Which Shall be regulated by the age of the Particular party
to Which They Apply.
The deductions 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 commission, stores, anchors and chain cables
.
Drydock and slipway dues and costs of shifting the ship Shall be allowed into
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 the twelve months preceding the date of the general average act in
Which case one half of costs Such
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 Such Shall be admitted as
general average.
Where temporary repairs of accidental damage are effected in order
to enable the adventure to be completed, the cost of repairs Such
Shall be admitted as general average without regard to the saving, if any
, to other interests, but only up to the saving in expense Which
wouldhave been Incurred and allowed in general average if
Such repairs had not been effected there.
No deductions "new for old" shall be made from the 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 made good as general average, either 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 Which the owner thereof would have
Incurred to earn Such freight, but has, in Consequence of the
sacrifice, Note 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 ask the loose Which has been
Thereby sustained 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 such freight is at the risk of interests other than the cargo
.
When cargo so damaged is sold and the Amount of the damage has not been
Otherwise Agreed, the loss to be made good in general average Shall ask the
difference between the Net Proceeds of the 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 the 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 such 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 ask
were assessed without taking into account the beneficial or detrimental
effect of any demise or time charter party to Which the ship May
be committed.
To These values Shall be added the AMOUNT made good as general average
for property sacrificed, if not alreadyloggedin included, deduction being made
from the freight and passage money at risk of Such charges and crew's
wages as would not havebeen 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 made finns
from the value of the property of all extra charges Incurred in respect thereof subsequently be
to the general average act, except Such charges are as
allowed in general average or case upon the ship by virtue
of an award for special compensation under Article14 of the International
Convention on Salvage, 1989 or under any other similar commissions 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
devilery at original destination unless sold or otherwise 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 the sale, with the addition of any AMOUNT
made good as general average.
Mails, passengers' luggage, personnel 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, her 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 Such damage or loss, subject to deductions in
accordance with Rule XIII;
(B) When not repaired or Replaced,
The reasonable depreciation Arising from Such 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 ask
allowed as general average Shall be the difference between The sound
Estimated value of the ship after deducting therefrom the
Estimated cost of repairing damage Which is not General Average and
The value of the ship in her damaged state Which May be measured by the net
Proceeds of the sale, if any.
Rule XIX - Undeclared or Wrongfully Declared Cargo
Damage or loss caused to goods loaded without the knowledge of the
ship owner or his agent or to goods willfully misdescribed at time of shipment
Shall not be allowed as general average, but Such goods
Shall REMAIN liable to Contribute, if saved.
Damage or loss caused to goods whichhave been wrongfully
'declared on shipment at a value Which is lower than Their real value
Shall be contributed for at the Declared Value, but Such 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 master, officers and crew and fuel and stores
note Replaced During the voyage, Shall be allowed into
General average.
The capital loss sustained by the owners of goods sold for the
purpose of raising funds to defray general average disbursements
Shall be allowed in general average.
The cost of insuring general average disbursements
Shall overpriced 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 Such deposits
Shall be paid without any delay into a special account set
the joint names of a representative nominated on Behalf of the
ship owner and a representative nominated on Behalf of the depositors in a bank
to be Approved by bothering. 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 of Which The deposits
havebeen Collected. Payments on account or refunds of deposits May
be made if certified to in writing by the average adjuster.
Such deposits and payments or refunds Shall pray without Prejudice to the
ultimate liability of the parties.
(Translation)
York-Antwerp Rules 1994
Interpretation Rule
When drawing up the general average following rules shall apply with
exclusively by each of them inconsistent laws or practices
General average made up in accordance with the rules indicated by
letter, except in cases for which specific provisions contained in the
parent rule and the rules that are designated by number.
Parent rule
Sacrifices and expenditures shall not be made good, if not
reasonable.
Rule A
A general average act exists when, and only when a
extraordinary sacrifice or expenditure intentionally and reasonably made
the common safety for the purpose of preserving from peril the values
covered by the common maritime adventure .
Sacrifices and expenses of general average nature borne by the different
contributing interests on the basis hereinafter provided.
Rule B
A joint sea-crossing occurs when one or more vessels
towing or pushing in front of them another or other vessels,
provided that all are engaged in commercial activities and
not in a salvage company.
When measures are taken to preserve the vessels and their
any cargo from a common peril, these rules shall be applied
.
A ship is not in common peril with another vessel or vessels,
if it can be salvaged only by loosening itself from the other or others
vessels; but if the release announcement in itself is a
general average act, continues the single voyage.
Rule C
Only such losses, damages or expenses, which is a
direct consequence of the general average act, replaced by common
breakdown.
No compensation shall be paid for general average
losses, damages or expenses arising out of environmental damage or
due to leakage or discharge of polluting substances
from the property involved in the common maritime adventure .
As a general average is not replaced demurrage, loss of
market and other loss, damage or expense incurred by
delay, either during the trip or afterwards, and no
any indirect loss.
Rule D
When the event which gave rise to the sacrifice or expenditure,
added through the fault of any of the crash stakeholders
exists nonetheless contribution obligation, but this shall not restrict
either side able to invoke such fault .
Rule E
The party claiming in general average to
show that the loss or expense is recoverable jointly
breakdown.
Any party claiming in general average shall
within twelve months from the common sjöresans out in writing the
average adjuster of the loss or expense which he demands compensation.
If a party fails to provide such notice, or within twelve months after
request for this, to submit evidence to support a
notified claim, or details of value concerning a contributory interest,
is the Average Adjuster free to calculate the amount of compensation or
contribution value on the basis of the information available, then
calculation may be challenged only on the ground that it is manifestly incorrect
.
F Rule
Each additional expenditure, which took the place of
other expenses which would have been replaced as general average, the
considered to be general average and replaced as such, without regard
to the savings that can be any, to other interests, but only
Next to the amount of the savings in general average expenditure.
Rule G
With regards both loss and contribution obligation should
general average made up on the basis of values at the time and in the
place where the journey ends.
This rule is not determined was the average adjustment on the common
wreckage to be established.
When a ship is in a port or place, during
circumstances that could give rise to any general average according
Rules X and XI, as well, after the cargo interests if possible have been informed
this, load, or part of it has
forwarded to the destination by any other means, shall
rights and obligations as far as possible remain
same as if such forwarding had not taken place and the journey
had continued with the original ship, as long as this is the
justifiable under the charter agreement and applicable law.
Compensation share of cargo in general average
with reference to the third paragraph of this Rule shall not exceed the
cost that would have been borne by the owners of the cargo if the cargo had
forwarded at their expense.
Rule I - Jettison of cargo
Discarding of cargo replaced as general average, only about
same cargo transported in accordance with the recognized custom of
question kind of shipping speed.
Rule II - Loss or Damage by Sacrifices for the common safety
As a general average compensated the loss of or damage to the property
covered by the common maritime adventure by or as a result of a
sacrifice for the common safety as well as damage by water entering
down through a ship doors, when opened to effect the return
for the common safety, or that penetrates through the other openings
made in the same intention.
Rule III - Extinguishing fire board
Damage Extinguish board added
vessel and / or cargo by water or otherwise therein
including damage caused by a burning ship
stranded or scuttling, shall be replaced by
General average; However, not compensated for damage by smoke
however caused or by heat from the fire.
Rule IV - Cutting away damaged ship parts
Loss or damage sustained by cutting away wreck
or parts of the ship which have been previously carried away or are
lost by accident shall not be admitted as general
breakdown.
Rule V - Voluntary stranding
When a ship is intentionally run on shore for the common salvation, whether
the ship would otherwise be pushed in the country or not, the consequent
upcoming loss or damage to property covered by the common || | voyage replaced as general average.
Rule VI - Salvage Remuneration
(A) Expenditure incurred by the stakeholders as a result of salvage been facing
because of contract or otherwise, shall be allowed in general
breakdown, provided the recovery measures taken to preserve from danger
values falling of the common maritime adventure.
Reimbursement of expenses in general average shall include any salvage
, where it has taken into account the salvors skill and
efforts to prevent or limit environmental damage, as indicated
in Article 13.1 (b) in 1989 years
International Convention on Salvage.
(B) Special compensation, the shipowner under Article 14 of the Convention
will pay to the salvor to the extent set out in Article 14.4 or
under any other provision of similar meaning, shall not be compensated in the common
breakdown.
Rule VII - Damage to machinery and boilers
Damage caused to machinery of any kind and pans when trying to
flight target vessels, ashore and find themselves in a dangerous situation
replaced as general average, when the damage is demonstrably derived from the action
, undertaken with the intention of for the common safety spend
ship afloat even with the risk of suffering such harm; but when the ship is
fleet will not be replaced under any circumstances general average
loss or damage caused by propelling machinery and boilers
got to work.
Rule VIII - Expenses to facilitate stranded ships and damage
Consequent
When a ship is ashore and cargo and ship
fuel and / or equipment items occurs as a
general average act, the extra cost of
lightening, lighter hire and reloading (if such occurred)
Well as any resulting loss or damage
property covered by the common maritime adventure, replaced by
general average.
Rule IX - Cargo, ship supplies and equipment items used as fuel
Cargo, ship equipment and / or items of equipment, which are strictly
had to be used for fuel for the common safety in an emergency,
replaced as general average, but when such remuneration paid
for the cost of ship equipment and stores shall
the estimated cost of the fuel that would otherwise have
consumed on the intended journey included the general average to
amicably.
Rule X - Expenses at port of refuge etc.
(A) the ship entered a port or place of refuge
or returned to the port of loading or unloading site due to
maritime accident, sacrifice or other extraordinary circumstances, as
done tempering process or return necessary for the common
safety, the expenses of entering such port or place
replaced as general average; and when the ship thence
with her original cargo, or part thereof, the corresponding expenses
for leaving such port or place, as a result of such
Annealing or return shall likewise be admitted as general average.
When the vessel is in port or place such
refuge and is necessarily removed to another port or place because
repair can not be carried out in the first port or place, then the
provisions of this rule apply to
this second port or place as if it were a place of refuge, and the cost of such
removal including temporary repairs and towage
replaced as general average. The provisions of Rule XI shall be
applied to the prolongation of the voyage occasioned by such
movement.
(B) The cost of handling on board or discharging
cargo, fuel or stores, either in the port of loading, the
loading site, in the port or the port or place of refuge,
replaced as general average, when the handling or discharge
was necessary for the common safety or to enable
repair of damage to the ship caused by sacrifice or
maritime accident, provided that the repair was necessary to journey safely
could be accomplished except in cases where the damage to the ship
detected in the loading port or place orders without any accident
or other extraordinary circumstance connected with such damage
occurred during the trip.
The cost of handling on board or discharging cargo, fuel or
stores shall not be allowed in general average if
arisen only rehash due to shifting during the voyage
and such rearrangement is not necessary | || the common safety.
(C) Whenever the cost of handling or discharging cargo,
fuel or stores is admissible as
general average, the cost of storage, including a reasonable
insurance incurred, reloading and stowing of such cargo,
fuel or stores shall likewise be jointly
breakdown. The provisions of Rule XI shall be applied to the extended
break caused by such reloading or rehash.
If the ship is condemned or does not proceed on her original voyage, the
storage costs, however in general average only up to
the time the ship is condemned or journey is interrupted or until
to the time of unloading of the cargo ends if kondemnation
done or decision made the trip interruption before.
Rule XI - The crew's wages and maintenance and other expenses during
Annealing and stop in a port of refuge, etc.
(A) Reasonable costs for wages and maintenance of the officers and crew,
plus fuel and stores consumed during
extension of the trip due to entering a port or
place of refuge or returning to their port of loading or
loading site, replaced the general average expenditure on
annealing of such port or place replaced the general average according
Rule X (a).
(B) When the ship entered or been detained in any port or
any place in consequence of accident, sacrifice or other
extraordinary circumstance, which made it necessary for the common
rescue or the repair of damage to the ship
caused by sacrifice or accident, then, if the repair
Was necessary to journey safely could be accomplished, reasonable
cost of rent and maintenance for the officers and crew in the
extra period of detention in such port or place until the ship is, or
away to be ready to continue the trip, replaced in
general average.
Fuel and stores consumed during the extra period of detention shall be
general average, but not what
consumed in effecting repairs not allowable in
general average.
Port charges incurred during the extra period of detention shall likewise be
general average except such charges as
solely by reason of repairs, which are not
allowable in general average.
When the damage to the ship is discovered in the port of loading, the unloading site or
in the port without any accident or other extraordinary event
who own connection with such damage occurred during the trip, shall not
rents and maintenance officers and crew and fuel and
items of equipment and port charges incurred during the extra detention for repairs
so discovered damage in general average,
even if the repairs are necessary for the journey safely be
completed.
When the ship is condemned or does not continue its
original voyage, the wages and maintenance of the officers and crew
and spent fuel, waste equipment items and
port fees as general average only up to the time
when the ship is condemned or the trip is canceled or until
the time the unloading of the cargo ends if kondemnation occurs
or decision on the journey termination is taken before then.
(C) In this and other rules included in the rents
all payments to or on behalf of the officers and crew, whether such payments
responsibility of the owner by law or under contract.
(D) the costs of measures taken to prevent or restrict
environmental damage will in general average, when they occurred during
any or all of the following circumstances:
(I) the measures taken for the common safety which, if
they had been taken by the parties that are not covered by the common
maritime adventure, would have entitled such party to salvage.
(Ii) as a condition of entry at or leaving from the port or place
in the circumstances described in Rule X (a).
(Iii) as a condition for indwelling port or place under such
circumstances described in Rule XI (b), provided that, when the leakage
exists or discharge made of environmentally harmful substances, the cost to || | result of all necessary additional measures to prevent or
limit pollution or environmental damage is not replaced as
general average.
(Iv) in a necessary connection with the unloading, storage or reloading
load, when the cost of these measures is the subject of compensation
general average.
Rule XII - Damage to the load by discharging, etc.
Damage to or loss of cargo, fuel or stores,
which arose as a result of handling, unloading, organizing,
reloading and stowing shall be replaced as general
failure, then and only then the cost of these measures respectively
general average.
Rule XIII - Deductions for repair expenses
Repairs to be allowed in general average
shall not be subject to deductions for "new for old" where old
materials or parts are replaced by new unless the ship is
over fifteen years old in which cases deduction of one-third to be made.
The deductions shall be determined by age of the ship from 31 December
the year of completion of construction to the date of
general average act, except in terms of insulation, lifeboats and
similar boats, appliances and equipment
communication and navigation, machinery and boilers for which the deductions shall be determined
after the age of the particular parts to which they refer.
The deductions shall be made only at the cost of the new material or new
parts when the material or parts are ready to be installed in the ship.
No deduction shall be made for provisions, stores, anchors and anchor chains
.
Torrdocks-, grinding and procrastination costs shall be reimbursed 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 the twelve months preceding the average act, in
Which case one half of such costs shall be allowed.
Rule XIV - Temporary Repairs
Where temporary repairs are performed on a ship in a
loading, intermediate or safe haven for the common safety or
to the remediation of damage caused by the sacrifice of common
general average, the cost of such repairs
replaced as general average.
Where temporary repairs of damage caused by
accident is performed to enable the adventure to be completed,
, the cost of such repairs shall jointly
average without regard to the saving, if any, to || | other interests, but only to the extent that the saving in expense
that, unless the repairs had
would have arisen and would have been replaced in the general average.
No deductions "new for old" made from the cost of
temporary repairs allowable as general average.
Rule XV - Loss of freight
Shipping Losses arising from damage to or loss of cargo
replaced as general average, either when caused by a
general average act, or when the damage to or loss of cargo
replaced as general average.
From the amount of gross freight lost
be deducted expenses, which the cargo owner would have had to
incurred to earn such freight, but the result of the sacrifice
arisen.
Rule XVI - Compensation for cargo lost or damaged by sacrifice
The reimbursement, which is based in general average for damage to or
loss of cargo sacrificed shall be the loss that
caused by sacrifice, calculated by the value at the time of discharge
determined on the basis of the commercial invoice
recipient received or, if not available, on the basis of
avskeppningsvärdet. The value at the time of discharge shall include
costs of insurance and freight except insofar
other than load the risk of interests freight.
When cargo so damaged is sold and the amount of the damage has not been otherwise
agreed, the general average recoverable loss
be the difference between the proceeds of the sale and the net value of
undamaged calculated as stated in rule first piece .
Rule XVII - Contributory values
General average shall be divided by the net fair values of property owned
at the end of the journey, although the load value shall be the value at the time of discharge
determined on the basis of the commercial invoice
recipient received or, if not are, with the guidance of
avskeppningsvärdet. The load value shall include
cost of insurance and freight, though not to the extent other than
load the risk of interests freight, less such
loss or damage to cargo prior to or during unloading
. The ship's value shall be determined without regard to
the appreciation or depreciation that may result from the contract
demise (the demise charter) or tidscerteparti
which may apply to the vessel.
To these values shall be the replacement of the joint
average for property sacrificed as not already included therein. From risk
risk cargo and passenger fees deducted such costs and
rents to the crew, which would not have arisen for cargo
vesting in the event of vessels and cargo total loss, when
general average act took place, and what is not allowable as
general average. Likewise stripped from the contributing property
value of all costs, at the same occurred after
general average act, except such costs, which
replaced as general average or relating to the ship into force
of granting a special allowance under Article 14 of the 1989
international Convention on salvage, or under any other provision
of similar meaning.
Under such circumstances described in
third paragraph of Rule G, cargo and other property
contribute on the basis of the value at delivery to the original
destination, unless the load and the property is sold or the | || otherwise disponerats before they reached their destination, while the ship
will contribute its net fair value at the date of discharge of cargo
completed.
Where cargo is sold short of destination
shall, however, contribute on the basis of the proceeds of the sale
and possible compensation in general average.
Post, passengers' luggage and personal effects and accompanying
Private motor vehicles shall not contribute in general average.
Rule XVIII - Damage to ship
The amount, which shall be replaced by common
average for damage or loss to the ship, its machinery
and / or accessories, and prompted by a general average act
shall be calculated as follows: | ||
(A) When repaired or replaced, occurs:
The actual reasonable cost of repair or
new acquisition, after deducting accordance with Rule XIII.
(B) When not repaired or replaced occurs:
The reasonable depreciation arising from such damage or loss,
however, exceeding the estimated cost of repairs but then
ship an actual total loss or when the cost of repairing
damage would exceed the value of the ship after repairs shall
allowance in general average equal to the difference between the
estimated value of the ship intact with
deducting the estimated cost of repair of damage that is not of
general average nature and value of the ship in damaged condition, which
can be calculated using the proceeds of a sale.
Rule XIX - Undeclared or Wrongfully Declared Cargo
Damage to or loss of goods loaded without the shipowner or his representative
knowledge, or goods, which are deliberately labeled incorrectly by
avskeppningen, will not be replaced as general average but such goods shall contribute
, if it is saved.
Damage to or loss of goods, which at avskeppningen entered into a
lower value than the real, is replaced as general average for
the specified value, but such goods shall contribute upon their actual value
.
Rule XX - Provision of Funds
A commission of 2% on the second general average expenses than rents and maintenance
to the officers and crew and fuel and stores
to lapse during the trip, replaced as general average.
The capital loss incurred by owners of goods sold for the purpose
raising funds to contest the general average expenses reimbursed
as general average.
The cost of insuring general average disbursements shall
well as a general average.
Rule XXI - Interest on expenses reimbursed in general average
Interest on expenditure, sacrifices and allowances in general average shall
be compensated at a rate of 7% a year until three months
have elapsed since the date of issue of generaldispaschen,
account being taken into all advance payments from
contributory interests or from the general average deposit fund
.
Rule XXII - Treatment of deposited amount
As the amount of cash deposited as security for accountability lasts
regarding general average, salvage or special charges, such
deposited amount without any delay into a
special account in the joint names, one of whom
be appointed for the shipowner and the depositors in a bank to be approved
of both. Thus the deposited amount plus any accrued interest shall
serve as security for payment to those who are eligible for such
contribution to general average, salvage or special costs
payable by cargo in respect of which the deposits have been.
Advance payments or refunds of deposits may
done in accordance with written certification of the average adjuster. Deposit,
payments or refunds without any effect on the
ultimate liability of the parties.
