THE YORK-ANTWERP RULES, 1974
THE YORK-ANTWERP RULES, 1974
Whole document
Rule of interpretation
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.
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.
Rule B.
General average sacrifices and expenses shall be borne by the
different contributing interests on the basis hereinafter provided.
Rule C.
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.
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 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.
Rule F.
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.
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.
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. - 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 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 or
heat however caused.
Rule IV. - Cutting away Wreck
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.
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 shall be allowed in general average.
Rule VI. - Salvage Remuneration
Expenditure incurred by the parties to the adventure on account of
salvage, whether under contract, or otherwise, shall be allowed in general
average to the extent that the salvage operations were undertaken for the
purpose of preserving from peril the property involved in the common
maritime adventure.
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 Refuge, etc.
(a) When s 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 applies 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.
X(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 circumstance 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 insured solely for the
purpose of restowage due to shifting during the voyage unless such
restowage is necessary for the common safety.
X(c) Whenever the cost of handling or discharging cargo, fuel of
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 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).
XI(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.
XI(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.
XI(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. - Cost of Repairs
Repairs to the 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 December 31 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.
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.
Rule XIV. - Temporary Repairs
Where temporary repairs are effected to a ship at a port of loading,
call of 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
interest, 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 freight is at the risk of
interests other than the cargo.
When cargo so damaged is sold and the amount of the damage had 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 value 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 interest 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, deducting 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.
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.
Passenger's luggage and personal effects not shipped under Bill of
Lading 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 master, officers and crew and fuel and
stores not replaced during the voyage, shall be allowed in general
average, but when the funds are not provided by any of the contributing
interests, the necessary cost of obtaining the funds required by means of
a bottomry bond or otherwise, or the loss sustained by owners of goods
sold for the purpose, shall be allowed in general average.
The cost of insuring money advanced to pay for general average
disbursements shall also be allowed in general average.
Rule XXI. - Interest on Losses made good in general average
Interest shall be allowed on expenditure, sacrifices and allowances
charged to general average at the rate of 7 percent per annum, until the
date of the general average statement, due allowance being made for any
interim reimbursement from 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
refund of deposits may be made if certified to in writing by the average
adjuster. Such deposits and payments of refunds shall be without prejudice
to the ultimate liability of the parties.
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