|
Section 17
Property on the entered ship
Liability of a Member for loss of or damage to any containers, equipment, fuel or other property on board the entered ship.
PROVIDED ALWAYS that
a. Such property is not within the scope of Section 2 [C] or Section 4 or Section 16 of this Rule or within any proviso, exclusion, limit or deductible applicable to those Sections;
b. Such property does not form part of the entered ship and is not owned or leased by the Member or by any company associated with or under the same management as the Member; and
c. Unless and to the extent that the Member has obtained appropriate special cover by agreement with the Managers, the Association shall not reimburse a Member to the extent that any liability arises under a contract or indemnity entered into by the Member and would not have arisen but for such contract or indemnity.
Section 18
Unrecoverable general average contributions
The proportion of general average, special charges or salvage which a Member may be entitled to claim from cargo or from some other party to the marine adventure and which is not legally recoverable solely by reason of a breach of the contract of carriage.
PROVIDED ALWAYS that
Provisos [a], [b] and [c] of Section 16 of this Rule shall apply to any claim under this Section.
Section 19
Ship’s proportion of general average
The entered ship’s proportion of general average, special charges or salvage not recoverable under the Hull Policies or the Hull Certificates by reason of the value of the ship being assessed for contribution to general average or salvage at a sound value in excess of the insured value under the Hull Policies or the Hull Certificates.
PROVIDED ALWAYS that
Unless and to the extent that the Directors in their discretion otherwise decide, recovery from the Association under this Section shall be limited to the amount (if any) of the ship’s proportion which would not have been recoverable under the Hull Policies or the Hull Certificates if the ship had been insured thereunder at the proper value in accordance with paragraph [D] [i] of Rule 8.
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18
|
