Rule of Interpretation
In the adjustment of general average the following Rules shall apply
to the exclusion of any Law and Practice inconsistent therewith.
Except as provided by the Rule Paramount and the numbered Rules, general
average shall be adjusted according to the lettered Rules.
Rule Paramount
In no case shall there be any allowance for sacrifice or expenditure
unless reasonably made or incurred.
Rule A
There is a general average act when, and only when, any extraordinary
sacrifice or expenditure is intentionally and reasonably made or incurred
for the common safety for the purpose of preserving from peril the property
involved in a common maritime adventure. General average sacrifices and
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, these Rules shall apply. A vessel is
not in common peril with another vessel or vessels if by simply disconnecting
from the other vessel or vessels she is in safety; but if the disconnection
is itself a general average act the common maritime adventure continues.
Rule C
Only 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, and any indirect 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 have been
due to the fault of one of the parties to the adventure; but this shall
not prejudice any remedies or defences which may be open against or 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 in 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 of a notified claim, or particulars of value in respect of a
contributory interest, the average adjuster shall be at liberty to estimate
the extent of the allowance or the contributory value on the basis of the
information available to him, which estimate may be challenged only on
the ground that it is manifestly incorrect.
Rule F
Any additional expense incurred in place of another expense which would
have been allowable as general average shall be deemed to be general average
and 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 be adjusted as regards both loss and contribution
upon the basis of values at the time and place when and where the adventure
ends. This rule shall not affect the determination of the place 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 destination by other means, rights and liabilities in general
average shall, subject to cargo interests being notified if practicable,
remain as nearly as possible the same as they would have 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 forwarded at their expense.
Rule I - Jettison of Cargo
No jettison of cargo shall be made good as general average, unless
such cargo is carried in accordance with the recognised custom of the 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
which have previously been 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 consequent loss or damage
to the property involved in the common maritime adventure shall be allowed
in general average.
Rule VI - Salvage Remuneration
(a) Expenditure incurred by the parties to the adventure in the nature
of salvage, whether under contract or otherwise, shall be 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 or minimising
damage to the environment such as is 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 salvor by the shipowner under
Article 14 of the said Convention to the extent specified in paragraph
4 of that Article or under any other provision 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 be 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 propelling machinery
and boilers shall in any circumstances be made good as general average.
Rule VIII - Expenses lightening a Ship when Ashore, and Consequent
Damage
When a ship is ashore and cargo and ship's fuel and stores or any of
them 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 be credited with the estimated
cost of the fuel which would otherwise have been consumed in prosecuting
the intended voyage.
Rule X - Expenses of Port of Refuge, 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 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 of refuge consequent upon such entry or return 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 repairs cannot be carried out in the first
port or place, the provisions of this Rule shall be applied to the second
port or place as if it were a port or place of refuge and the cost of 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 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 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 handling 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
is necessary for the common 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. 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 for and in a port of refuge, etc.
(a) Wages and maintenance of master, officers and crew reasonably incurred
and fuel and stores consumed during the prolongation of the voyage occasioned
by a ship entering a port or place of refuge or returning 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 prosecution of the voyage, the wages and maintenance
of the master, officers and crew reasonably incurred during the extra period
of detention in such port or place until the ship shall or should have
been 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, 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 shall be admitted as general average only
up to the date of the ship's condemnation or of the abandonment of the
voyage or up to the date of completion of discharge of cargo if the condemnation
or abandonment takes place before that date.
(c) For the purpose of this and the other Rules wages shall include
all payments made to or for the benefit of the master, officers and crew
whether 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 performed for the common safety which,
had it been undertaken by a party outside the common maritime adventure,
would have entitled such party to a salvage reward;
(ii) as a condition of entry into or departure from any port or place
in the circumstances prescribed in Rule X(a);
(iii) as a condition of remaining at any port or place in the circumstances
prescribed in Rule X(a), provided that when there is an actual escape or
release of pollutant substances the cost of any additional measures required
on that account 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.
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.
Rule XIII - Deduction from Cost of Repairs
Repairs to be allowed in general average shall not be subject to deductions
in respect of "new or old" where old material or parts are replaced 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 December of the year of completion of the construction
to the date of the general average act, except for insulation, life and
similar boats, communications and navigational apparatus and equipment,
machinery and boilers for 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 deductions 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 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 such costs shall be allowed.
Rule XIV - Temporary Repairs
Where temporary repairs are effected to a ship at a port of loading,
call or refuge, for the common safety, or of damage caused by general average
sacrifice, the cost of such repairs 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 such repairs 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 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.
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.
Rule XVI - Amount to be made good for Cargo Lost or Damaged by Sacrifice
The amount to be made good as general average for damage to or loss
of cargo sacrificed shall be the 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 value at the time of discharge shall include the cost
of insurance and freight except insofar as such fright 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 proceeds of sale
and the net sound value as computed in the first paragraph of this Rule.
Rule XVII - Contributory Values
The contribution to a general average shall be made upon the actual
net values of the property at the termination of the adventure except that
the value of cargo shall be the value at the time of discharge, ascertained
from the commercial invoice rendered to the receiver or if there is no
such invoice from the shipped value. The value of the cargo shall include
the cost of insurance and freight unless and insofar as 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 be assessed without taking into account the
beneficial or detrimental effect of any demise or time charterparty 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 already included, deduction being made
from the freight and passage money at risk of such charges and crew's wages
as would not have been incurred in earning the freight had the ship and
cargo been totally lost at the date of the general average act and have
not been allowed as general average; deduction being also made from the
value of the property of all extra charges incurred in respect thereof
subsequently to the general average act, except such charges as are allowed
in general average or fall upon the ship by virtue of an award for special
compensation under Article 14 of the International Convention on Salvage,
1989 or under any other provision similar in substance.
In the circumstances envisaged in the third paragraph of Rule G, the
cargo and other property shall contribute on the basis of its value upon
delivery at original destination unless 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 sale, with the addition of any amount made
good as general average.
Mails, passenger's luggage, personal effects and accompanied private
motor vehicles shall not contribute in general average.
Rule XVIII - Damage to Ship
The amount to be allowed as general average for damage or loss to the
ship, 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 be allowed as general average
shall be the difference between the estimated sound 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 sale, if any.
Rule XIX - Undeclared or Wrongfully Declared Cargo
Damage or loss caused to goods loaded without the knowledge of the
shipowner or his agent or to goods wilfully 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 which have 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 masters, officers and crew and fuel and
stores not replaced during the voyage, shall be allowed in general average.
The capital loss sustained by the owners of goods sold for the purpose
of raising funds to defray general average disbursements shall be allowed
in general average.
The cost of insuring general average disbursements shall also be admitted
in general average.
Rule XXI - Interest on Losses made good in General Average
Interest shall be allowed on expenditure, sacrifices and allowances
in general average at the rate of 7 per cent. per annum, until three months
after the date of issue of the general average adjustment, due allowance
being made for any payment on account by the contributory interests or
from the general average deposit fund.
Rule XXII - Treatment of Cash Deposits
Where cash deposits have been 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 in the joint names of a representative
nominated on behalf of the shipowner and a representative nominated on
behalf of the depositors in a bank to be approved by both. The sum so deposited,
together with accrued interest, if any, shall be held as security for payment
to the parties entitled thereto of the general average, salvage or special
charges payable by cargo in respect to which the deposits have been 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 be without prejudice to the ultimate liability of the parties.
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