YORK-ANTWERP
RULES, 1974 ,
AS AMENDED 1990
(04.04.1974)
(as amended 1990)
In
the adjustment of general average the following lettered and numbered Rules
shall apply to the exclusion of any Law and Practice inconsistent therewith.
Except
as provided by the numbered Rules, general average shall be adjusted according
to the lettered Rules.
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 expenses shall be borne by the different contributing
interests on the basis hereinafter provided.
Only
such losses, damages or expenses which are the direct consequence of the
general average act shall be allowed as general average.
Loss
or damage sustained by the ship or cargo through delay, whether on the voyage
or subsequently, such as demurrage, and any indirect loss whatsoever, such as
loss of market, shall not be admitted as general average.
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.
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.
Any
extra 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.
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.
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.
Damage by Jettison and Sacrifice for the Common Safety
Damage
done to a ship and cargo, or either of them, 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 goods 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 or heat however caused.
Loss
or damage sustained by cutting away wreck or parts of the ship which have been
previously carried away or are effectively lost by accident shall not be made
good as general average.
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 shall be allowed
in general average.
(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 minimizing damage to the
environment such as is referred to in Art. 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 Art. 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 the 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 the loss or damage sustained thereby, shall be
admitted as general average.
Rule IX.
Ship's Materials and Stores Burnt for Fuel
Ship's
materials and stores, or any of them, necessarily burnt for fuel for the common
safety at a time of peril, shall be admitted as general average, when and only
when an ample supply of fuel had been provided; but the estimated quantity of
fuel that would have been consumed, calculated at the price current at the
ship's last port of departure at the date of her leaving, shall be credited to
the general average.
Rule X.
Expenses at 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
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
re-stowage due to shifting during the voyage unless such re-stowage 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.
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 masters, 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 made
ready to proceed upon her voyage, shall be admitted 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 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, wages and
maintenance of the master, officers and crew and fuel and stores consumed 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.
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.
(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 or
articles of employment.
(d)
When overtime is paid to the master, officers or crew for maintenance of the
ship or repairs, the cost of which is not allowable in general average, such
overtime shall be allowed in general average only up to the saving in expense
which would have been incurred and admitted as general average, had such
overtime not been incurred.
Rule XII.
Damage to Cargo in Discharging etc.
Damage
to or loss of cargo, fuel or stores caused in the act of 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.
Deductions from Cost of Repairs
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 reductions 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 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.
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.
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 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 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