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York Antwerp Rules 1994

Rule of Interpretation

Rule Paramount

Rule A

Rule B

Rule C

Rule D

Rule E

Rule F

Rule G

Rule I - Jettison of Cargo

Rule II - Loss or Damage by Sacrifices for the Common Safety

Rule III - Extinguishing Fire on Shipboard

Rule IV - Cutting away Wreck

Rule V - Voluntary Stranding

Rule VI - Salvage Remuneration

Rule VII - Damage to Machinery and Boilers

Rule VIII - Expenses lightening a Ship when Ashore, and Consequent Damage

Rule IX - Cargo, Ship's Materials and Stores used for Fuel

Rule X - Expenses of Port of Refuge, etc.

Rule XI - Wages and Maintenance of Crew and other expenses bearing up for and in a port of refuge, etc.

Rule XII - Damage to Cargo in Discharging, etc.

Rule XIII - Deduction from Cost of Repairs

Rule XIV - Temporary Repairs

Rule XV - Loss of Freight

Rule XVI - Amount to be made good for Cargo Lost or Damaged by Sacrifice

Rule XVII - Contributory Values

Rule XVIII - Damage to Ship

Rule XIX - Undeclared or Wrongfully Declared Cargo

Rule XX - Provision of Funds

Rule XXI - Interest on Losses made good in General Average

Rule XXII - Treatment of Cash Deposits

Endnotes

Endnotes

Metadata

SiSU Metadata, document information

Manifest

SiSU Manifest, alternative outputs etc.

The York-Antwerp Rules 1994

CMI

copy @ Lex Mercatoria

York Antwerp Rules 1994

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.


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