Common use of General Average and Salvage Clause in Contracts

General Average and Salvage. General Average is to be adjusted at any port or place and is to be settled according to the York-Antwerp Rules of 2016, or the Rules of Practice for the Great Lakes at XXXX'x option. The Merchant hereby declares himself to be familiar with the said Rules. In the event of accident, danger, damage, or disaster, before or after the commencement of the voyage, resulting from any cause whatsoever, whether due to gross negligence or not, for which, or for the consequences of which XXXX is not responsible, by statute, contract or otherwise, the Merchant shall contribute with XXXX in General Average to the payment of any sacrifices, losses or expenses of a General Average nature which may be made or incurred and shall pay salvage and special charges incurred in respect of the cargo. In addition to the circumstances dealt with in the York-Antwerp Rules of 2016, it is agreed that if XXXX has used diligence in the stowage of the cargo and if the prosecution of the voyage is thereafter imperilled in consequence of the disturbance of stowage, the cost of the handling, discharge, re-loading and re-stowing of the cargo shall be allowed in General Average even if not necessary for the purpose of effecting repairs to the ship expenses incurred in the circumstances contemplated by both Article 13 and Article 14 of the International Convention on Salvage, 1989 are deemed to be in the nature of salvage. If a salving ship is owned or operated by XXXX, or by others in associated ownership or management, salvage shall be paid for as fully as if the said salving ship or ships belonged to strangers. Such deposit as XXXX or its agents may deem sufficient to cover the estimated contribution of the cargo and any salvage and special charges thereon shall, if required, be made by the Merchant to XXXX before delivery. The Merchant agrees not to demand delivery short of destination for the purposes of avoiding General Average contributions. In the event that XXXX agrees that the cargo or part thereof may be forwarded to original destination by another ship, ships or conveyances, rights and liabilities in General Average shall not be hereby affected, it being the intention to place the parties concerned as nearly as possible in this respect as they would have been in the absence of such forwarding and with the adventure continuing by the original ship.

General Average and Salvage. General Average is to be adjusted at any port or place and is to be settled according to the York-Antwerp Rules of 20161974, as amended 1994, or the Rules of Practice for the Great Lakes at XXXX'x option. The Merchant hereby declares himself to be familiar with the said Rules. In the event of accident, danger, damage, or disaster, before or after the commencement of the voyage, resulting from any cause whatsoever, whether due to gross negligence or not, for which, or for the consequences of which XXXX is not responsible, by statute, contract or otherwise, the Merchant shall contribute with XXXX in General Average to the payment of any sacrifices, losses or expenses of a General Average nature which may be made or incurred and shall pay salvage and special charges incurred in respect of the cargo. In addition to the circumstances dealt with in the York-Antwerp Rules of 2016Rules, it is agreed that if XXXX has used diligence in the stowage of the cargo and if the prosecution of the voyage is thereafter imperilled in consequence of the disturbance of stowage, the cost of the handling, discharge, re-loading and re-stowing of the cargo shall be allowed in General Average even if not necessary for the purpose of effecting repairs to the ship expenses incurred in the circumstances contemplated by both Article 13 and Article 14 of the International Convention on Salvage, 1989 are deemed to be in the nature of salvage. If a salving ship is owned or operated by XXXX, or by others in associated ownership or management, salvage shall be paid for as fully as if the said salving ship or ships belonged to strangers. Such deposit as XXXX or its agents may deem sufficient to cover the estimated contribution of the cargo and any salvage and special charges thereon shall, if required, be made by the Merchant to XXXX before delivery. The Merchant agrees not to demand delivery short of destination for the purposes of avoiding General Average contributions. In the event that XXXX agrees that the cargo or part thereof may be forwarded to original destination by another ship, ships or conveyances, rights and liabilities in General Average shall not be hereby affected, it being the intention to place the parties concerned as nearly as possible in this respect as they would have been in the absence of such forwarding and with the adventure continuing by the original ship.