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一九七四年约克·安特卫普规则 THE YORK-ANTWERP RULES, 1974

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颁布日期:19740101  实施日期:19740101  颁布单位:汉堡

  Rule of interpretation

  In the adjustment of general

  average the following lettered and numbered Rules shall apply to theexclusion 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 extraordinarysacrifice or expenditure is intentionally and reasonably made or incurredfor the common safety for the purpose of preserving from peril theproperty involved in a common maritime adventure.Rule B.

  General average sacrifices and expenses shall be borne by thedifferent contributing interests on the basis hereinafter provided.Rule C.

  Only such losses, damages or expenses which are the direct consequenceof the general average act shall be allowed as general average.

  Loss or damage sustained by the ship or cargo through delay, whetheron the voyage or subsequently, such as demurrage, and any indirect losswhatsoever, such as loss of market, shall not be admitted as generalaverage.Rule D.

  Rights to contribution in general average shall not be affected,though the event which gave rise to the sacrifice or expenditure may havebeen due to the fault of one of the parties to the adventure, but thisshall not prejudice any remedies or defences which may be open against orto that party respect of such fault.Rule E.

  The onus of proof is upon the party claiming in general average toshow that the loss or expense claimed is properly allowable as generalaverage.Rule F.

  Any extra expense incurred in place of another expense which wouldhave been allowable as general average shall be deemed to be generalaverage and so allowed without regard to the saving, if any, to otherinterests, but only up to the amount of the general average expenseavoided.Rule G.

  General average shall be adjusted as regards both loss andcontribution upon the basis of values at the time and place when and wherethe adventure ends.

  This rule shall not affect the determination of the place at which theaverage statement is to be made up.Rule I. - Jettison of Cargo

  No jettison of cargo shall be made good as general average, unlesssuch cargo is carried in accordance with the recognised custom of thetrade.Rule II. - Damage by Jettison and Sacrifice for the Common Safety

  Damage done to a ship and cargo, or either of them, by or inconsequence of a sacrifice made for the common safety, and by water whichgoes down a ship's hatches opened or other opening made for the purpose ofmaking a jettison for the common safety, shall be made good as generalaverage.Rule III. - Extinguishing Fire on Shipboard

  Damage done to a ship and cargo, or either of them, by water orotherwise, including damage by beaching or scuttling a burning ship, inextinguishing a fire on board the ship, shall be made good as generalaverage; except that no compensation shall be made for damage by smoke orheat however caused.Rule IV. - Cutting away Wreck

  Loss or damage sustained by cutting away wreck or parts of the shipwhich have been previously carried away or are effectively lost byaccident 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 ordamage shall be allowed in general average.Rule VI. - Salvage Remuneration

  Expenditure incurred by the parties to the adventure on account ofsalvage, whether under contract, or otherwise, shall be allowed in generalaverage to the extent that the salvage operations were undertaken for thepurpose of preserving from peril the property involved in the commonmaritime adventure.Rule VII. - Damage to Machinery and Boilers

  Damage caused to any machinery and boilers of a ship which is ashoreand in a position of peril, in endeavouring to refloat, shall be allowedin general average when shown to have arisen from an actual intention tofloat the ship for the common safety at the risk of such damage; butwhere a ship is afloat no loss or damage caused by working the propellingmachinery and boilers shall in any circumstances be made good as generalaverage.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 ofthem are discharged as a general average act, the extra cost oflightening, lighter hire and reshipping if incurred and the loss or damagesustained 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 forfuel for the common safety at a time of peril, shall be admitted asgeneral average, when and only when an ample supply of fuel had beenprovided; but the estimated quantity of fuel that would have beenconsumed, calculated at the price current at the ship's last port ofdeparture at the date of her leaving, shall be credited to the generalaverage.Rule X. - Expenses at Port Refuge, etc.

  (a) When s ship shall have entered a port or place of refuge, or shallhave returned to her port or place of loading in consequence of accident,sacrifice or other extraordinary circumstances, which render thatnecessary for the common safety, the expenses of entering such port orplace shall be admitted as general average; and when she shall have sailedthence with her original cargo, or a part of it, the correspondingexpenses of leaving such port or place consequent upon such entry orreturn shall likewise be admitted as general average.

  When a ship is at any port or place of refuge and is necessarilyremoved to another port or place because repairs cannot be carried out inthe first port or place, the provisions of this Rule shall be applies tothe second port or place as if it were a port or place of refuge and thecost of such removal including temporary repairs and towage shall beadmitted as general average. The provisions of Rule XI shall be applied tothe prolongation of the voyage occasioned by such removal.

  X(b) The cost of handling on board or discharging cargo, fuel orstores whether at a port or place of loading, call or refuge, shall beadmitted as general average, when the handling or discharge was necessaryfor the common safety or to enable damage to the ship caused by sacrificeor accident to be repaired, if the repairs were necessary for the safeprosecution of the voyage, except in cases where the damage to the shipis discovered at a port or place of loading or call without any accidentor other extraordinary circumstance connected with such damage havingtaken place during the voyage.

  The cost of handling on board or discharging cargo, fuel or storesshall not be admissible as general average when insured solely for thepurpose of restowage due to shifting during the voyage unless suchrestowage is necessary for the common safety.

  X(c) Whenever the cost of handling or discharging cargo, fuel ofstores is admissible as general average, the costs of storage, includinginsurance 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 originalvoyage storage expenses shall be admitted as general average only up tothe date of the ship's condemnation or of the abandonment of the voyage orup to the date of completion of discharge of cargo if the condemnation orabandonment takes place before that date.Rule XI. - Wages and Maintenance of Crew and other expenses bearing up forand in a port of Refuge, etc.

  (a) Wages and Maintenance of master, officers and crew reasonablyincurred and fuel and stores consumed during the prolongation of thevoyage occasioned by a ship entering a port or place of refuge orreturning to her port or place of loading shall be admitted as generalaverage when the expenses of entering such port or place are allowable ingeneral average in accordance with Rule X(a)。

  XI(b) When a ship shall have entered or been detained in any port orplace in consequence of accident, sacrifice or other extraordinarycircumstances which render that necessary for the common safety, or toenable damage to the ship caused by sacrifice or accident to be repaired,if the repairs were necessary for the safe prosecution of the voyage, thewages and maintenance of the master, officers, and crew reasonablyincurred during the extra period of detention in such port or place untilthe 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 placeof loading or call without any accident or other extraordinarycircumstance connected with such damage having taken place during thevoyage, then the wages and maintenance of master, officers and crew andfuel and stores consumed during the extra detention for repairs to damagesso discovered shall not be admissible as general average, even if therepairs 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 storesconsumed shall be admitted as general average only up to the date of theship's condemnation or of the abandonment of the voyage or up to the dateof completion of discharge of cargo if the condemnation or abandonmenttakes place before that date.

  Fuel and stores consumed during the extra period of detention shall beadmitted as general average, except such fuel and stores as are consumedin effecting repairs not allowable in general average.

  Port charges incurred during the extra period of detention shalllikewise be admitted as general average except such charges as areincurred solely by reason of repairs not allowable in general average.

  XI(c) For the purpose of this and the other Rules wages shall includeall 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 madeunder the terms of articles of employment.

  XI(d) When overtime is paid to the master, officers or crew formaintenance of the ship or repairs, the cost of which is not allowable ingeneral average, such overtime shall be allowed in general average only upto the saving in expense which would have been incurred and admitted asgeneral 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 ofhandling, discharging, storing, reloading and stowing shall be made goodas general average, when and only when the cost of those measuresrespectively is admitted as general average.Rule XIII. - Cost of Repairs

  Repairs to the be allowed in general average shall not be subject todeductions in respect of “new for old” where old material or parts arereplaced by new unless the ship is over fifteen years old in which casethere shall be a deduction of one third. The deductions shall be regulatedby the age of the ship from December 31 of the year of completion ofconstruction to the date of the general average act, except forinsulation, life and similar boats, communications and navigationalapparatus and equipment, machinery and boilers for which the deductionsshall 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 orparts when finished and ready to be installed in the ship.

  No deduction shall be made in respect of provisions, stores, anchorsand chain cables.

  Drydock and slipway dues and costs of shifting the ship shall beallowed in full.

  The costs of cleaning, painting or coating of bottom shall not beallowed in general average unless the bottom has been painted or coatedwithin the twelve months preceding the date of the general average act inwhich 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 generalaverage sacrifice, the cost of such repairs shall be admitted as generalaverage.

  Where temporary repairs of accidental damage are effected in order toenable the adventure to be completed, the cost of such repairs shall beadmitted as general average without regard to the saving, if any, to otherinterest, but only up to the saving in expense which would have beenincurred and allowed in general average if such repairs had not beeneffected there.

  No deductions “new for old” shall be made from the cost of temporaryrepairs allowable as general average.Rule XV. - Loss of Freight

  Loss of Freight arising from damage to or loss of cargo shall be madegood as general average, either when caused by a general average act, orwhen the damage to or loss of cargo is so made good.

  Deduction shall be made from the amount of gross freight lost, of thecharges 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 ofcargo sacrificed shall be the loss which has been sustained thereby basedon the value at the time of discharge, ascertained from the commercialinvoice rendered to the receiver or if there is no such invoice from theshipped value. The value at the time of discharge shall include the costof insurance and freight except insofar as such freight is at the risk ofinterests other than the cargo.

  When cargo so damaged is sold and the amount of the damage had notbeen otherwise agreed, the loss to be made good in general average shallbe the difference between the net proceeds of sale and the net sound valueas computed in the first paragraph of this Rule.Rule XVII. - Contributory Values

  The contribution to a general average shall be made upon the actualnet value of the property at the termination of the adventure except thatthe value of cargo shall be the value at the time of discharge,ascertained from the commercial invoice rendered to the receiver or ifthere is no such invoice from the shipped value. The value of the cargoshall include the cost of insurance and freight unless and insofar as suchfreight is at the risk of interest other than the cargo, deductingtherefrom any loss or damage suffered by the cargo prior to or at the timeof discharge. The value of the ship shall be assessed without taking intoaccount the beneficial or detrimental effect of any demise or timecharterparty to which the ship may be committed.

  To these values shall be added the amount made good as general averagefor property sacrificed, if not already included, deducting being madefrom the freight and passage money at risk of such charges and crew'swages as would not have been incurred in earning the freight had the shipand cargo been totally lost at the date of the general average act andhave not been allowed as general average; deduction being also made fromthe value of the property of all extra charges incurred in respect thereofsubsequently to the general average act, except such charges as areallowed in general average.

  Where cargo is sold short of destination, however, it shall contributeupon the actual net proceeds of sale, with the addition of any amount madegood as general average.

  Passenger's luggage and personal effects not shipped under Bill ofLading shall not contribute in general average.Rule XVIII. - Damage to Ship

  The amount to be allowed as general average for damage or loss to theship, her machinery and/or gear caused by a general average act shall beas follows:

  (a) When repaired or replaced.

  The actual reasonable cost of repairing or replacing such damageor loss, subject to deductions in accordance with Rule XIII.

  (b) When not repaired or replaced.

  The reasonable depreciation arising from such damage or loss, butnot exceeding the estimated cost of repairs. But where the ship is anactual total loss or when the cost of repairs of the damage would exceedthe value of the ship when repaired, the amount to be allowed as generalaverage shall be the difference between the estimated sound value of theship after deducting therefrom the estimated cost of repairing damagewhich is not general average and the value of the ship in her damagedstate 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 theshipowner or his agent or to goods wilfully misdescribed at time ofshipment shall not be allowed as general average, but such goods shallremain liable to contribute, if saved.

  Damage or loss caused to goods which have been wrongfully declared onshipment at a value which is lower than their real value shall becontributed for at the declared value, but such goods shall contributeupon their actual value.Rule XX. - Provision of Funds

  A commission of 2 per cent on general average disbursements, otherthan the wages and maintenance of master, officers and crew and fuel andstores not replaced during the voyage, shall be allowed in generalaverage, but when the funds are not provided by any of the contributinginterests, the necessary cost of obtaining the funds required by means ofa bottomry bond or otherwise, or the loss sustained by owners of goodssold for the purpose, shall be allowed in general average.

  The cost of insuring money advanced to pay for general averagedisbursements 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 allowancescharged to general average at the rate of 7 percent per annum, until thedate of the general average statement, due allowance being made for anyinterim reimbursement from the contributory interests or from the generalaverage deposit fund.Rule XXII. - Treatment of Cash Deposits

  Where cash deposits have been collected in respect of cargo'sliability for general average, salvage or special charges, such depositsshall be paid without any delay into a special account in the joint namesof a representative nominated on behalf of the shipowner and arepresentative nominated on behalf of the depositors in a bank to beapproved by both. The sum so deposited together with accrued interest, ifany, shall be held as security for payment to the parties entitled theretoof the general average, salvage or special charges payable by cargo inrespect to which the deposits have been collected. Payments on account orrefund of deposits may be made if certified to in writing by the averageadjuster. Such deposits and payments of refunds shall be without prejudiceto the ultimate liability of the parties.

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