prop · GJ0316 · 1996-01-01 00:00:00 — -------------------------------------------------------------------- Damage caused to any machinery Damage caused to any machinery and boilers of a ship which is and boilers of a ship which is ashore and in a position of ashore and in a position of peril, in endeavouring to peril, in endeavouring to refloat, shall be allowed in refloat, shall be allowed in general average when shown to general average when shown to have arisen from an actual have arisen from an actual intention to float the ship intention to float the ship for for the common safety at the the common safety at the risk risk of such damage; but where of such damage; but where a a ship is afloat no loss or ship is afloat no loss or damage caused by working the damage caused by working the propelling machinery and propelling machinery and boilers shall in any boilers shall in any circumstances be made good as circumstances be made good as general average. -------------------------------------------------------------------- RULE VIII. EXPENSES LIGHTENING RULE VIII. EXPENSES LIGHTENING A SHIP WHEN ASHORE, AND A SHIP WHEN ASHORE, AND CONSEQUENT DAMAGE CONSEQUENT DAMAGE -------------------------------------------------------------------- When a ship is ashore and When a ship is ashore and cargo cargo and ship''''s fuel and ship''''s fuel and stores or discharged as a general any of them are discharged as a average act, the extra cost of general average act, the extra lightening, lighter hire and cost of lightening, lighter reshipping (if incurred), and hire and re-shipping (if any loss or damage to the incurred), and the loss or property involved in the damage sustained thereby, shall common adventure in be admitted as general average. consequence thereof, shall be admitted as general average. CARGO, SHIP''''S RULE IX. SHIP''''S MATERIALS AND MATERIALS AND STORES USED FOR STORES BURNT FOR FUEL FUEL -------------------------------------------------------------------- Cargo, ship''''s materials and Ship''''s materials and stores, or stores, or any of them, any of them, necessarily burnt necessarily used for fuel for for fuel for the common safety the common safety at a time of at a time of peril, shall be peril shall be admitted as admitted as general average, general average, but when such when and only when an ample an allowance is made for the supply of fuel had been cost of ship''''s materials and provided; but the estimated stores the general average quantity of fuel that would shall be credited with the have been consumed, calculated estimated cost of the fuel at the price current at the which would otherwise have ship''''s last port of departure been consumed in prosecuting at the date of her leaving, the intended voyage. shall be credited to the general average. -------------------------------------------------------------------- RULE X. EXPENSES AT PORT OF RULE X. EXPENSES AT PORT OF REFUGE, ETC. REFUGE, ETC. -------------------------------------------------------------------- (a) When a ship shall have (a) When a ship shall have entered a port or place of entered a port or place of refuge or shall have returned refuge, or shall have returned to her port or place of to her port or place of loading loading in consesquence of in consequence of accident, accident, sacrifice or other sacrifice or other extraordinary circumstances extraordinary circumstances, which render that necessary which render that necessary for for the common safety, the the common safety, the expenses expenses of entering such port of entering such port or place or place shall be admitted as shall be admitted as general general average; and when she average; and when she shall shall have sailed with have sailed with her her original cargo, or a part original cargo, or a part of of it, the corresponding it, the corresponding expenses expenses of leaving such port of leaving such port or place or place consequent upon such consequent upon such entry or entry or return shall likewise return shall likewise be be admitted as general admitted as general average. -------------------------------------------------------------------- When a ship is at any port or When a ship is at any port or place of refuge and is place of refuge and is necessarily removed to another necessarily removed to another port or place because repairs port or place because repairs cannot be carried out in the cannot be carried out in the first port or place, the first port or place, the provisions of this Rule shall provisions of this Rule shall be applied to the second port be applied to the second port or place as if it were a port or place as if it were a port or place of refuge and the or place of refuge and the cost cost of such removal including of such removal including temporary repairs and towage temporary reparis and towage shall be admitted as general shall be admitted as general average. The provisions of average. The provisions of Rule Rule XI shall be applied to XI shall be applied to the the prolongation of the voyage prolongation of the voyage occasioned by such removal. occasioned by such removal. -------------------------------------------------------------------- (b) The cost of handling on (b) The cost of handling on board or discharging cargo, board or discharging cargo, fuel or stores whether at a fuel or stores whether at a port or place of loading, call port or place of loading, call or refuge, shall be admitted or refuge, shall be admitted as as general average, when the general average, when the handling or discharge was handling or discharge was necessary for the common necessary for the common safety safety or to enable damage to or to enable damage to the ship the ship caused by sacrifice caused by sacrifice or accident or accident to be repaired, if to be repaired, if the repairs the repairs were necessary for were necessary for the safe the safe prosecution of the prosecution of the voyage, voyage, except in cases where except in cases where the the damage to the ship is damage to the ship is discovered at a port or place discovered at a port or place of loading or call without any of loading or call without any accident or other accident or other extraordinary extraordinary circumstances circumstances connected with connected with such damage such damage having taken place having taken place during the during the voyage. -------------------------------------------------------------------- The cost of handling on board The cost of handling on board or discharging cargo, fuel or or discharging cargo, fuel or stores shall not be admissible stores shall not be admissible as general average when as general average when incurred solely for the incurred solely for the purpose purpose of restowage due to of restowage due to shifting shifting during the voyage, during the voyage, unless such unless such restowage is restowage is necessary for the necessary for the common common safety. -------------------------------------------------------------------- (c) Whenever the cost of (c) Whenever the cost of handling or discharging cargo, handling or discharging cargo, fuel or stores is admissible fuel or stores is admissible as as general average, the costs general average, the costs of of storage, including storage, including insurance if insurance if reasonably reasonably incurred, reloading incurred, reloading and and stowing of such cargo, fuel stowing of such cargo, fuel or or stores shall likewise be stores shall likewise be admitted as general average. 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 But when the ship is condemned or does not proceed on her or does not proceed on her original voyage, storage original voyage, storage expenses shall be admitted as expenses shall be admitted as general average only up to the general average only up to the date of the ship''''s date of the ship''''s condemnation condemnation or of the or of the abandonment of the abandonment of the voyage or voyage or up to the date of up to the date of completion completion of discharge of of discharge of cargo if the cargo if the condemnation or condemnation or abandonment abandonment takes place before takes place before that date. -------------------------------------------------------------------- -------------------------------------------------------------------- RULE XI. WAGES AND MAINTENANCE RULE XI. WAGES AND MAINTENANCE OF CREW AND OTHER EXPENSES OF CREW AND OTHER EXPENSES BEARING UP FOR AND IN A PORT BEARING UP FOR AND IN A PORT OF OF REFUGE, ETC. REFUGE, ETC. -------------------------------------------------------------------- (a) Wages and maintenance of (a) Wages and maintenance of , officers and crew , officers and crew reasonably incurred and fuel reasonably incurred and fuel and stores consumed during the and stores consumed during the prolongation of the voyage prolongation of the voyage occasioned by a ship entering occasioned by a ship entering a a port or place of refuge or port or place of refuge or returning to her port or place returning to her port or place of loading shall be admitted of loading shall be admitted as as general average when the general average when the expenses of entering such port expenses of entering such port or place are allowable in or place are allowable in general average in accordance general average in accordance with Rule X(a). with Rule X(a). -------------------------------------------------------------------- (b) When a ship shall have (b) When a ship shall have entered or been datained in entered or been detained in any any port or place in port or place in consequence of consequence of accident, accident, sacrifice or other sacrifice or other extraordinary circumstances extraordinary circumstances which render that necessary for which render that necessary the common safety, or to enable for the common safety, or to damage to the ship caused by enable damage to the ship sacrifice or accident to be caused by sacrifice or repaired, if the repairs were accident to be reparied, if necessary for the safe the reparirs were necessary prosecution of the voyage, the for the safe prosecution of wages and maintenance of the the voyage, the wages and , officers and crew maintenance of the , reasonably incurred during the officers and crew reasonably extra period of detention in incurred during the extra such port or place until the period of detention in such ship shall or should have been port or place until the ship made ready to proceed upon her shall or should have been made voyage, shall be admitted in ready to proceed upon her general average. voyage, shall be admitted in general average. -------------------------------------------------------------------- Fuel and stores consumed Provided that when damage to during the extra period of the ship is discovered at a detention shall be admitted as port or place of loading or general average, except such call without any accident or fuel and stores as are other extraordinary consumed in effecting reparis circumstance connected with not allowable in general such damage having taken place average. during the voyage, then the wages and maintenance of , officers and crew and fuel and stores consumed during the extra detention for reparis to damages so discovered shall not be admissible as general average, even if the reparis are necessary for the safe prosecution of the voyage. -------------------------------------------------------------------- Port charges incurred during When the ship is condemned or the extra period of detention does not proceed on her shall likewise be admitted as original voyage, wages and general average except such maintenance of the , charges as are incurred solely officers and crew and fuel and by reason of repairs not stores consumed shall be allowable in general average. admitted as general average only up to the date of the ship''''s condemnation or of the abandonmnent of the voyage or up to the date of completion of discharge of cargo if the condemnation or abandonment takes place before that date. -------------------------------------------------------------------- Provided that when damage to Fuel and stores consumed during the ship is discovered at a the extra period of detention port or place of loading or shall be admitted as general call without any accident or average, except such fuel and other extraordinary stores as are consumed in circumstance connected with effecting reparis not allowable such damage having taken place in general average. during the voyage, then the wages and maintenance of , 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 safeprosecution of the voyage. -------------------------------------------------------------------- When the ship is condemned or Port charges incurred during does not proceed on her the extra period of detention original voyage, the wages and shall likewise be admitted as maintenance of the , general average except such officers and crew and fuel and charges as are incurred solely stores consumed and port by reason of repairs not charges shall be admitted as allowable in general average. 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. -------------------------------------------------------------------- N.B. Paragraphs of Rule XI(b) 1974 reordered -------------------------------------------------------------------- (c) For the purpose of this (c) For the purpose of this and and the other Rules wages the other Rules wages shall shall include all payments include all payments made to or made to or for the benefit of for the benefit of the , the , officers and crew, officers and crew, whether such whether such payments be payments be imposed by law upon imposed by law upon the the shipowners or be made under shipowners or be made under the terms or articles of the terms of articles of employment. -------------------------------------------------------------------- (d) The cost of measures (d) When overtime is paid to undertaken to prevent or the , officers or crew minimise damage to the for maintenance of the ship or environment shall be allowed repairs, the cost of which is in general average when not allowable in general incurred in any or all of the average, such overtime shall be following circumstances: allowed in general average only up to the saving in expense (i) as part of an operation which would have been incurred performed for the common and admitted as general average safety which, had it been had such overtime not been undertaken by a party outside incurred. the common adventure, would have 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 escape or release of pollutant substances the cost of any additional measures required on that account to prevent or minimize polllution 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 admissible as general average. -------------------------------------------------------------------- RULE XII, DAMAGE TO CARGO IN RULE XII. DAMAGE TO CARGO IN DISCHARGING, ETC. DISCHARGING, ETC. -------------------------------------------------------------------- Damage to or loss of cargo, Damage to or loss of cargo, fuel or stores sustained in fuel or stores caused in the consequence of their handling, act of handling, discharging, discharging, storing, storing, reloading and stowing reloading and stowing shall be shall be made good as general made good as general average, average, when and only when the when and only when the cost of cost of those measures those measures respectively is respectively is admitted as admitted as general average, general average. when and only when the cost of those measures respectively is admitted as general average. -------------------------------------------------------------------- RULE XIII. DEDUCTIONS FROM RULE XIII. DEDUCTIONS FROM COST COST OF REPAIRS OF REPAIRS -------------------------------------------------------------------- Repairs to be allowed in Repairs to be allowed in general average shall not be general average shall not be subject to deductions in subject to deductions in respect of "new for old" where respect of "new for old" where old material or parts are old material or parts are replaced by new unless the replaced by new unless the ship ship is over fifteen years old is over fifteen years old in in which case there shall be a which case there shall be a deduction of one third. The deduction of one third. The deductions shall be regulated deductions shall be regulated by the age of the ship from by the age of the ship from the the 31st of the year 31st of the year of of completion of construction completion of construction to to the date of the general the date of the general average average act, except for act, except for insulation, insulation, life and similar life and similar boats, boats, communications and communications and navigational navigational apparatus and apparatus and equipment, equipment, machinery and machinery and boilers for which boilers for which the the deductions shall be deductions shall be regulated regulated by the age of the by the age of the particular particular parts to which they parts to which they apply. -------------------------------------------------------------------- The deductions shall be made The deductions shall be made only from the cost of the new only from the cost of the new material or parts when material or parts when finished finished and ready to be and ready to be installed in installed in the ship. -------------------------------------------------------------------- No deduction shall be made in No deduction shall be made in respect of provisions, stores, respect of provisions, stores, anchors and chain cables. anchors and chain cables. -------------------------------------------------------------------- Drydock and slipway dues and Drydock and slipway dues and costs of shifting the ship costs of shifting the ship shall be allowed in full. shall be allowed in full. -------------------------------------------------------------------- The costs of cleaning, The costs of cleaning, painting painting or coating of bottom or coating of bottom shall not shall not be allowed in be allowed in general average general average unless the unless the bottom has been bottom has been painted or painted or coated within the coated within the twelve twelve months preceding the months preceding the date of date of the general average act the general average act in in which case one half of such which case one half of such costs shall be allowed. costs shall be allowed. -------------------------------------------------------------------- RULE XIV. TEMPORARY REPAIRS RULE XIV. -------------------------------------------------------------------- Where temporary repairs are Where temporary reparis are effected to a ship at a port effected to a ship at a port of of loading, call or refuge, loading, call or refuge, for for the common safety, or of the common safety, or of damage damage caused by general caused by general average average sacrifice, the cost of sacrifice, the cost of such such repairs shall be admitted repairs shall be admitted as as general average. -------------------------------------------------------------------- Where temporary repairs of Where temporary repairs of accidental damage are effected accidental damage are effected in order to enable the in order to enable the adventure to be completed, the adventure to be completed, the cost of such repairs shall be cost of such repairs shall be admitted as general average admitted as general average without regard to the saving, without regard to the saving, if any, to other interests, if any, to other interests, but but only up to the saving in only up to the saving in expense which would have been expense which would have been incurred and allowed in incurred and allowed in general general average if such average if such repairs had not repairs had not been effected been effected there. -------------------------------------------------------------------- No deductions "new for old" No deductions "new for old" shall be made from the cost of shall be made from the cost of temporary repairs allowable as temporary repairs allowable as general average. -------------------------------------------------------------------- RULE XV. LOSS OF FREIGHT RULE XV. -------------------------------------------------------------------- Loss of freight arising from Loss of freight arising from damage to or loss of cargo damage to or loss of cargo shall be made good as general shall be made good as general average, either when caused by average, either when caused by a general average act, or when a general average act, or when the damage to or loss of cargo the damage to or loss of cargo is so made good. is so made good. -------------------------------------------------------------------- Deduction shall be made from Deduction shall be made from the amount of gross freight the amount of gross freight lost, of the charges which the lost, of the charges which the owner thereof would have owner thereof would have incurred to earn such freight, incurred to earn such freight, but has, in consequence of the but has, in consequence of the sacrifice, not incurred. sacrifice, not incurred. -------------------------------------------------------------------- RULE XVI. AMOUNT TO BE MADE RULE XVI. AMOUNT TO BE MADE GOOD FOR CARGO LOST OR DAMAGED GOOD FOR CARGO LOST OR DAMAGED BY SACRIFICE. -------------------------------------------------------------------- The amount to be made good as The amount to be made good as general average for damage to general average for damage to or loss of cargo sacrificed or loss of cargo sacrificed shall be the loss which has shall be the loss which has been sustained thereby based been sustanined thereby, based on the value at the time of on the value at the time of discharge, ascertained from discharge, ascertained from the the commercial invoice commercial invoice rendered to rendered to the receiver or if the receiver or if there is no there is no such invoice from such invoice from the shipped the shipped value. The value value. The value at the time of at the time of discharge shall discharge shall include the include the cost of insurance cost of insurance and freight and freight except insofar as except insofar as such freight such freight is at the risk of is at the risk of interests interests other than the other than the cargo. -------------------------------------------------------------------- When carago so damaged is sold When cargo so damaged is sold and the amount of the damage and the amount of the damage has not been otherwise agreed, has not been otherwise agreed, the loss to be made good in the loss to be made good in general average shall be the general average shall be the difference between the net difference between the net proceeds of sale and the net proceeds of sale and the net sound value as computed in the sound value as computed in the first paragaraph of this Rule. first paragraph of this Rule.