sou · H6B360 · 2018-08-10 00:00:00 — 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 in- curred), and any loss or damage to the property involved in the com- mon adventure in conse- quence thereof, shall be allowed as general average. Rule IX – Cargo, Ship’s Materials and Stores Used for Fuel 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 mate- rials and stores the general average shall be credited with the estimated cost of the fuel which would other- wise have been consumed in prose- cuting the intended voyage. 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 allowed as general average, but when such an allowance is made for the cost of ship’s mate- rials and stores the general average shall be credited with the estimated cost of the fuel which would other- wise have been consumed in prose- cuting the intended voyage. Rule X – Expenses at , etc. Rule X – Expenses at , etc. (a)When a ship shall have entered 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 cir- cumstances which render that nec- essary for the common safety, the expenses of entering such port or place shall be admitted as general av- erage; and when she shall have sailed with her original cargo, or a part of it, the corresponding ex- penses of leaving such port or place consequent upon such entry or re- turn shall likewise be admitted as general average. When a ship is at any port or place of refuge and is necessarily removed to another port or place because re- pairs cannot be carried out in the first port or place, the provisions of this Rule shall be applied to the sec- ond port or place as if it were a port or place of refuge and the cost of (a)(i) When a ship shall have en- tered a port or place of refuge or shall have returned to her port or place of loading in consequence of accident, sacrifice or other extraor- dinary circumstances which render that necessary for the common safety, the expenses of entering such port or place shall be allowed as gen- eral average; and when she shall have sailed with her original cargo, or a part of it, the corre- sponding expenses of leaving such port or place consequent upon such entry or return shall likewise be al- lowed as general average. (ii)When a ship is at any port or place of refuge and is necessarily re- moved to another port or place be- cause repairs cannot be carried out in the first port or place, the provi- sions 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 such removal including temporary repairs and towage shall be admitted as general average. The provisions of Rule XI shall be applied to the pro- longation of the voyage occasioned by such removal. (b)The cost of handling 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 handling or discharge was necessary for the common safety or to enable damage to the ship caused by sacrifice or ac- cident to be repaired, if the repairs were necessary for the safe prosecu- tion of the voyage, except in cases where the damage to the ship is dis- covered at a port or place of loading or call without any accident or other extraordinary circumstances con- nected with such damage having taken place during the voyage. The cost of handling on board or discharging cargo, fuel or stores shall not be admissible as general av- erage when incurred solely for the purpose of restowage due to shift- ing during the voyage, unless such restowage is necessary for the com- mon safety. (c)Whenever the cost of handling 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. of such removal including tempo- rary repairs and towage shall be al- lowed as general average. The provi- sions of Rule XI shall be applied to the prolongation of the voyage oc- casioned by such removal. (b)(i) The cost of handling on board or discharging cargo, fuel or stores, whether at a port or place of loading, call or refuge, shall be al- lowed as general average when the handling or discharge was necessary for the common safety or to enable damage to the ship caused by sacri- fice 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 circum- stances connected with such dam- age having taken place during the voyage. (ii)The cost of handling on board or discharging cargo, fuel or stores shall not be allowable as general av- erage when incurred solely for the purpose of restowage due to shift- ing during the voyage, unless such restowage is necessary for the com- mon safety. (c)Whenever the cost of handling or discharging cargo, fuel or stores is allowable as general average, the costs of storage, including insurance if reasonably incurred, reloading and stowing of such cargo, fuel or stores shall likewise be allowed as general average. 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 condemna- tion or of the abandonment of the voyage or up to the date of comple- tion of discharge of cargo if the con- demnation or abandonment takes place before that date. Rule XI shall apply to the extra pe- riod of detention occasioned by such reloading or restowing. (d)When the ship is condemned or does not proceed on her original voyage, storage expenses shall be al- lowed as general average only up to the date of the ship’s condemnation or of the abandonment of the voy- age or up to the date of completion of discharge of cargo if the condem- nation or abandonment takes place before that date. Rule XI – Wages and Maintenance of Crew and Other Expenses Bearing up for and in a , etc. Rule XI – Wages and Maintenance of Crew and Other Expenses Putting in to and at a , etc. (a)Wages and maintenance of mas- ter, officers and crew reasonably in- curred and fuel and stores consumed during the prolongation of the voy- age 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 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 damage to the ship caused by sacrifice or accident to be repaired, if the repairs were necessary for the safe prose- cution of the voyage, the wages and maintenance of the , officers (a)Wages and maintenance of mas- ter, officers and crew reasonably in- curred and fuel and stores consumed during the prolongation of the voy- age occasioned by a ship entering a port or place of refuge or returning to her port or place of loading shall be allowed as general average when the expenses of entering such port or place are allowable in general average in accordance with Rule X(a). (b)(i) When a ship shall have entered or been detained in any port or place in consequence of accident, sacrifice or other extra-ordinary circumstances which render that entry or detention 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 , and crew reasonably incurred during the extra period of detention in such port or place until the ship shall or should have been made ready to proceed upon her voyage, shall be admitted in general average. Fuel and stores consumed during the extra period of detention shall be admitted as general average, ex- cept such fuel and stores as are con- sumed in effecting repairs not al- lowable in general average. Port charges incurred during the ex- tra period of detention shall likewise be admitted as general average ex- cept such charges as are incurred solely by reason of repairs not al- lowable in general average. Provided that when damage to the ship is discovered at a port or place of loading or call without any acci- dent or other extraordinary circum- stance connected with such damage having taken place during the voy- age, then the wages and mainte- nance of , officers and crew and fuel and stores consumed and port charges incurred during the ex- tra detention for repairs to damages so discovered shall not be admissible as general average, even if the repairs are necessary for the safe prosecu- tion of the voyage. When the ship is condemned or does not proceed on her original voyage, the wages and maintenance of the , officers and crew and fuel and stores consumed and port charges be admitted as general average officers and crew reasonably incurred during the extra period of detention in such port or place until the ship shall or should have been made ready to proceed upon her voyage, shall be allowed in general average. (ii)Fuel and stores consumed dur- ing the extra period of detention shall be allowed as general average, except such fuel and stores as are consumed in effecting repairs not allowable in general average. (iii)Port charges incurred during the extra period of detention shall likewise be allowed as general aver- age except such charges as are in- curred solely by reason of repairs not allowable in general average. (iv)Provided that when damage to the ship is discovered at a port or place of loading or call without any accident or other extraordinary cir- cumstance connected with such damage having taken place 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 dam- ages so discovered shall not be al- lowable as general average, even if the repairs are necessary for the safe prosecution of the voyage. (v)When the ship is condemned or does not proceed on her original voyage, the wages and maintenance of the , officers and crew and fuel and stores consumed and port charges shall be allowed as general only up to the date of the ship's condemnation or of the abandon- ment of the voyage or up to the date of completion of discharge of cargo if the condemnation or abandon- ment 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 , officers and crew, whether such payments be imposed by law upon the shipowners or be made under the terms of articles of employment. (d)The cost of measures undertaken to prevent 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 per- formed for the common safety which, had it been undertaken by a party outside 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); average only up to the date of the ship’s condemnation or of the aban- donment of the voyage or up to the date of completion of discharge of cargo if the condemnation or aban- donment takes place before that date. (c)(i) For the purpose of these Rules wages shall include all pay- ments made to or for the benefit of the , officers and crew, whether such payments be imposed by law upon the shipowners or be made under the terms of articles of employment. (ii)For the purpose of these Rules, port charges shall include all custom- ary or additional expenses incurred for the common safety or to enable a to enter or remain at a port of refuge or call in the circumstances out- lined in Rule XI(b)(i). (d)The cost of measures undertaken to prevent 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 per- formed for the common safety which, had it been undertaken by a party outside 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 circum- stances prescribed in Rule XI(b), provided that when there is an actual escape or release of pollutant sub- stances the cost of any additional measures required on that account to prevent 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 whenever the cost of those operations is admissible as general average. (iii)as a condition of remaining at any port or place in the circum- stances prescribed in Rule XI(b), provided that when there is an actual escape or release of pollutant sub- stances, the cost of any additional measures required on that account to prevent or minimise pollution or environmental damage shall not be allowed as general average; (iv)necessarily in connection with the handling on board, discharging, storing or reloading of cargo, fuel or stores whenever the cost of those operations is allowable as general av- erage. Rule XII – Damage to Cargo in Discharging, etc. Rule XII – Damage to Cargo in Discharging, etc. Damage to or loss of cargo, fuel or stores sustained in consequence of their handling, discharging, storing, 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. Damage to or loss of cargo, fuel or stores sustained in consequence of their handling, discharging, storing, reloading and stowing shall be al- lowed as general average, when and only when the cost of those measures respectively is allowed as general average. Rule XIII – Deductions from Cost of Repairs Rule XIII – Deductions from Cost of Repairs Repairs to be allowed in general av- erage shall not be subject to deduc- tions in respect of "new for old" where old material or parts are re- placed by new unless the ship is over fifteen years old in which case there shall be a deduction of one third. The deductions shall be regulated by the age of the ship from the 31st De- cember of the year of completion of (a)Repairs to be allowed in general average shall not be subject to de- ductions in respect of “new for old” where old material or parts are re- placed by new unless the ship is over fifteen years old in which case there shall be a deduction of one third. The deductions shall be regulated by the age of the ship from the 31st De- cember of the year of completion of construction to the date of the gen- eral average act, except for insula- tion, life and similar boats, commu- nications and navigational apparatus and equipment, machinery and boil- ers for which the deductions shall be regulated by the age of the particular parts 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 re- spect of provisions, stores, anchors and chain cables. Drydock and slipway dues and costs of shifting the ship shall be allowed in full. construction to the date of the gen- eral average act, except for insula- tion, life and similar boats, commu- nications and navigational apparatus and equipment, machinery and boil- ers for which the deductions shall be regulated by the age of the particular parts to which they apply. (b)The deductions shall be made only from the cost of the new mate- rial or parts when finished and ready to be installed in the ship. No de- duction shall be made in respect of provisions, 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 al- lowed 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 such costs shall be allowed. (c)The costs of cleaning, painting or coating of bottom shall not be al- lowed in general average unless the bottom has been painted or coated within the 24 months preceding the date of the general average act in which case one half of such costs shall be allowed. Rule XIV Temporary Repairs Rule XIV – Temporary Repairs Where temporary repairs are ef- fected to a ship at a port of loading, call or refuge, for the common safety, or of damage caused by gen- eral average sacrifice, the cost of such repairs shall be admitted as general average. (a)Where temporary repairs are ef- fected to a ship at a port of loading, call or refuge, for the common safety, or of damage caused by gen- eral average sacrifice, the cost of such repairs shall be allowed as gen- eral average. Where temporary repairs of acci- dental damage are effected in order to enable the adventure to be com- pleted, the cost of such repairs shall be admitted as general average with- out regard to the saving, if any, to other interests, but only up to the saving in expense which would have 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. (b)Where temporary repairs of ac- cidental damage are effected in or- der to enable the common adventure to be completed, the cost of such repairs shall be allowed as general average without regard to the saving, if any, to other interests, but only up to the saving in expense which would have been incurred and allowed in general average if such re- pairs had not been effected there. (c)No deductions “new for old” shall be made from the cost of tem- porary repairs allowable as general average. Rule XV – Loss of Freight 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, not incurred. 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 is so allowed. 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, not incurred. Rule XVI – Amount to be made Good for Cargo Lost or Damaged by Sacrifice Rule XVI – Amount to be Allowed 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 loss which has been sustained thereby based on the value at the time of discharge, ascertained from (a)(i) The amount to be allowed as general average for damage to or loss of cargo sacrificed shall be the loss which 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 commercial invoice rendered to the receiver or if there is no such in- voice from the shipped value. Such commercial invoice may be deemed by the average adjuster to reflect the value at the time of discharge irrespec- tive of the place of final delivery under the contract of carriage. 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 be the difference between the net pro- ceeds of sale and the net sound value as computed in the first paragraph of this Rule. (ii)The value at the time of dis- charge shall include the cost of in- surance and freight except insofar as such freight is at the risk of interests other than the cargo. (b When cargo so damaged is sold and the amount of the damage has not been otherwise agreed, 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 para- graph of this Rule. Rule XVII – Contributory Values Rule XVII – Contributory Values The contribution to a general aver- age shall be made upon the actual net values of the property at the ter- mination of the adventure except that the value of cargo shall be the value at the time of discharge, ascer- tained from the commercial invoice rendered to the receiver or if there is no such invoice from the shipped value. (a)(i) The contribution to a gen- eral average shall be made upon the actual net values of the property at the termination of the common mar- itime adventure except that the value of cargo shall be the value at the time of discharge, ascertained from the commercial invoice ren- dered to the receiver or if there is no such invoice from the shipped value. Such commercial invoice may be deemed by the average adjuster to re- flect the value at the time of discharge irrespective of the place of final deliv- ery under the contract of carriage. The value of the cargo shall include the cost of insurance and freight un- less 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. (ii)The value of the cargo shall in- clude 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 suf- fered by the cargo prior to or at the time of discharge. cargo may be excluded from contributing to general average should the average adjuster consider that the cost of including it in the adjustment would be likely to be disproportionate to its eventual con- tribution. The value of the ship shall be as- sessed without taking into account the beneficial or detrimental effect of any demise or time charterparty to which the ship may be commit- ted.