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GENERAL AVERAGE & SALVAGE Bill of Lading Clauses iss-shipping
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تاريخ التسجيل
Nov 2015
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09-12-2015, 09:19 AM
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09-12-2015, 09:19 AM
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GENERAL AVERAGE & SALVAGE Bill of Lading Clauses iss-shipping
(1) In the event of accident, danger, damage or disaster before or after the commencement of the voyage, resulting from any cause whatsoever, due to negligence or not, for which, or for the consequences of which, the Carrier is not responsible, by statute, contract or otherwise, the Merchant shall contribute with the Carrier in
general
average
to the payment of any sacrifices, losses or expenses of a
GENERAL
AVERAGE
nature that may be made or incurred, and shall pay
SALVAGE
and special charges incurred in respect of the Goods.
(2) Any
general
average
on a Vessel operated by the Carrier shall be adjusted according to the York/Antwerp Rules of I994 or any subsequent amendment thereto authorised by the CMI at any port or place and in any currency at the option of and by an adjuster appointed by the Carrier, with the test of reasonableness in the Rule Paramount being made on the basis of what was known at the time of the general average act and not subsequently with the benefit of hindsight. Any general average on a Vessel not operated by the Carrier (whether a seagoing or inland waterways vessel) shall be adjusted according to the requirements of the operator of that Vessel. In either case the Merchant shall give such cash deposit or other security, as the Carrier may deem sufficient to cover the estimated general average contribution of the Goods. Any security, other than cash deposits, must be given by a party acceptable to and with assets in a jurisdiction nominated by the Carrier. Such security must be provided before delivery if the Carrier so requires or, if the Carrier does not so require, within three months of the delivery of the Goods, whether or not at the time of delivery the Merchant had notice of the Carrier's lien. The Carrier shall be under no obligation to exercise any lien for general average contribution due to the Merchant.
(3) Conversion into the currency of the adjustment shall be calculated at the rate prevailing on the date of payment for disbursements and on the date of completion of discharge of the Vessel for allowances, contributory values, etc.
(4) If a salving vessel is owned or operated by the Carrier,
SALVAGE
shall be paid for as fully as if the salving vessel or vessels belonged to strangers.
(5) In the event of the Master in his sole discretion or in consultation with owners considering that
salvage
services are needed, the Merchant agrees that the Master may act as his agent to procure such services to Goods and that the Carrier may act as his agent to settle salvage remuneration, without any prior consultation with the Merchant in both cases.
(6) If the Merchant contests payment of contribution to general average, salvage, salvage charges and/or special charges to Goods on any grounds whatsoever or fails to make payment of contribution within three months of the issue of the adjustment thereof, whether or not prior security has been provided, the Merchant shall pay interest for the period in excess of three months on the contribution due at two percent per annum above the **** lending rate of the central bank of the country in whose currency the adjustment is issued, in addition to the contribution due.
(7) In the event of any general average credit balances due to Merchants still being unclaimed 5 years after the date of issue of the adjustment, these shall be paid to the Carrier, who will hold such credit balances pending application by the Merchants entitled thereto.
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