Rule XIII – Deductions from Cost of Repairs
(a) 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 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 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.
(b) 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
provisions, stores, anchors and chain cables. Drydock and slipway dues and costs of shifting the ship shall be allowed in full.
(c) 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 24 months preceding the date of the general average act in which case one half of such costs shall be
allowed.
Ballast GA ITCH
11.3 When the Vessel sails in ballast, not under charter the provisions of the York-Antwerp Rules, 1974 (excluding Rules XX and XXI) shall be applicable, and the voyage for this
purpose shall be deemed to continue from the port or place of departure until the arrival of the Vessel at the first port or place thereafter other than a port or place of refuge or a port or place
of call for bunkering only If at any such intermediate port or place there is an abandonment of
the adventure originally contemplated the voyage shall thereupon be deemed to be terminated.
B26 VESSEL IN BALLAST AND UNDER CHARTER: CONTRIBUTING INTERESTS
For the purpose of ascertaining the liability of Underwriters on policies of insurance that are subject
to English law and practice, the following provisions shall apply:-
In applying the following Rules, and when the charter to which the Shipowners are a party provides for York-Antwerp Rules, the general average shall be adjusted in
accordance with those Rules and English law and practice and without regard to the
law and practice of any foreign port at which the adventure may terminate.
2. When a vessel is proceeding in ballast to load under a voyage charter entered into by
the Shipowners before the general average act:
a) The interests contributing to the general average shall be the vessel, such items of bunkers, stores and equipment as belong to parties other than the Owners of the vessel and the freight earned under the voyage charter computed in the usual
way after deduction of contingent expenses subsequent to the general average act.
b) Failing a prior termination of the adventure, the place where the adventure shall be deemed to end and at which the values for contribution to general average
shall be calculated is the final port of discharge of the cargo carried under the
charter but in the event of the prior loss of the vessel and freight, or either of them, the general average shall attach to any surviving interest or interests
including freight advanced at the loading port deducting therefrom contingent
expenses subsequent to the general average act.
3. When a vessel is proceeding in ballast under a time charter alone or a time charter and a voyage charter entered into by the Time Charterer:
a) The general average shall attach to the vessel and such items of bunkers, stores
and equipment as belong to parties other than the Owners of the vessel.
Failing
a prior termination of the time charter, values for the purposes of contribution. shall be those pertaining at the time the ship is, or should have been, made ready to depart from the port of refuge.
b) Failing a prior termination of the time charter, the voyage shall be deemed to
end at the first port of discharge of cargo at which the vessel arrives after thegeneral average act.
4. It shall be immaterial whether the extra period of detention takes place at a port of
loading, call or refuge, provided that the period of detention in consequence of
accident, sacrifice or other extraordinary circumstance occurring whilst the vessel is in
ballast is reasonable.
5. In practice neither time charter hire, as such, nor Time Charterers’ voyage freight shall
contribute to general average.
Under insurance ITCH
11.1 This insurance covers the Vessel’s proportion of salvage, salvage charges and/or general average, reduced in respect of any under-insurance, but in case of general average sacrifice of
the Vessel the Assured may recover in respect of the whole loss without first enforcing their right of contribution from other parties.
MIA 66
66 General average loss.
(1)A general average loss is a loss caused by or directly consequential on a general average act. It includes a general average expenditure as well as a general average sacrifice.
(2)There is a general average act where any extraordinary sacrifice or expenditure is voluntarily and reasonably made or incurred in time of peril for the purpose of preserving the property imperilled in the common adventure.
(3)Where there is a general average loss, the party on whom it falls is entitled, subject to the conditions imposed by maritime law, to a rateable contribution from the other parties interested, and such contribution is called a general average contribution.
(4)Subject to any express provision in the policy, where the assured has incurred a general average expenditure, he may recover from the insurer in respect of the proportion of the loss which falls upon him; and, in the case of a general average sacrifice, he may recover from the insurer in respect of the whole loss without having enforced his right of contribution from the other parties liable to contribute.
(5)Subject to any express provision in the policy, where the assured has paid, or is liable to pay, a general average contribution in respect of the subject insured, he may recover therefor from the insurer.
(6)In the absence of express stipulation, the insurer is not liable for any general average loss or contribution where the loss was not incurred for the purpose of avoiding, or in connexion with the avoidance of, a peril insured against.
(7)Where ship, freight, and cargo, or any two of those interests, are owned by the same assured, the liability of the insurer in respect of general average losses or contributions is to be determined as if those subjects were owned by different persons.
