[约克-安特卫普规则]

 

YORK-ANTWERP RULES, 1994

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YORK-ANTWERP RULES, 1974 AS AMENDED 1990

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RULE XIII. DEDUCTIONS FROM COST OF REPAIRS.

规则十三修理费用的扣减

 

RULE XIII. DEDUCTIONS FROM COST OF REPAIRS.

规则十三修理费用的扣减


Repairs to 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 the 31st December 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.

用新材料或新部件更换旧材料或旧部件时,如果船龄不超过十五年,列入共同海损的修理费用,不作“以新换旧”的扣减,否则应扣减三分之一。是否扣减,应按船龄确定,船龄是从船舶建成之年的十二月三十一日起计算至共同海损行为发生之日为止。但绝缘材料、救生艇和类似小艇、通讯和航海仪器和设备、机器和锅炉应按各自使用的年数确定。

 


Repairs to 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 the 31st December 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 deduction shall be made only from the cost of the new material or parts when finished and ready to be installed in the ship.

扣减应只从新材料或新部件制成并准备安装到船上时的价值扣减。

 

The deduction 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.

供应品、物料、锚和锚链不作扣减。

 

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.

干坞费、船台费和移泊费应全部认入共同海损。

 

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.

船底刷洗、油漆或涂层的费用不应列入共同海损,但如在共同海损行为发生之日以前十二月内曾经油漆或涂层,则油漆或涂层费用的半数应作为共同海损。

 

 

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.

规则十四 临时修理

 

RULE XIV. TEMPORARY REPAIRS.

规则十四 临时修理

Where temporary repairs are effected to a ship at a port of loading, call or refuge, for the common safety, or of damage caused by general average sacrifice, the cost of such repairs shall be admitted as general average.

如果船舶为了共同安全或对共同海损牺牲所造成的损坏在装货、停靠或避难港进行临时修理,此项修理费用应认入共同海损。

 

Where temporary repairs are effected to a ship at a port of loading, call or 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 interests, but only up to the saving in expenses which would have been incurred and allowed in general average if such repairs had not been effected there.

如果为了完成航程而对意外损坏进行临时修理,无须考虑对于其他有关方有无节省,此项修理费用应认作共同海损,但其数额应以因此所节省的如不在该港进行临时修理本应支付并认入共同海损的费用为限。

 

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 interests, but only up to the saving in expenses 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.

可作为共同海损的临时修理费用,不应作“以新换旧”的扣减。

 

 

No deductions "new for old" shall be made from the cost of temporary repairs allowable as general average.

 

RULE XV. LOSS OF FREIGHT

规则十五运费损失

 

RULE XV. LOSS OF FREIGHT

规则十五运费损失


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.

如果货物的损失是共同海损行为造成的,或者已作为共同海损受到补偿,则由于货物损失所引起的运费损失,也应作为共同海损受到补偿。

 


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.

损失的运费总额应扣减其所有人为赚得此项运费本应支付但由于牺牲而无须支付的费用。

 

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.