Sayfa 133INTER-CLUB NEW YORK PRODUCE EXCHANGE AGREEMENT (as amended May 1984)
Preamble…
Memorandum of Agreement (hereinafter referred to as "the Agreement") as to the apportionment…
[1] Application and interpretation of the Agreement…
Subject to the undermentioned conditions the formula as set forth in Clause 2 shall…
[i] It shall be a condition precedent to settlement under the Agreement that the…
[ii] [a] For the Agreement to apply, the cargo responsibility clauses in the New…
[b] However the addition of the words "and responsibility" with reference to the…
[c] If the only material amendment is the addition of the words "and responsibility"…
Claims for loss of or damage to cargo due to unseaworthiness and claims for condensation…
Claims for damage (including slackage/ullage) due to bad stowage or handling, and…
Except as provided in the second paragraph of Cl. (2), short delivery claims (including…
(iii) The Agreement shall apply regardless of the place of Arbitration or the Legal…
(iv) Any claims pursued under this agreement by or on behalf of either Charterers…
(v) Where the charter contains the Berth Standard of Average Clause/Charterers Contribution…
(vi) Where Sub-Charters are involved, the Agreement, unless the parties here to otherwise…
(vii) The agreement is not binding on members but in all cases the parties will recommend…
[2] Apportionment of cargo claims…
In all cases where the Agreement applies cargo claims shall be apportioned as he…
Claims for loss of or damage to cargo to unseaworthines 100% Owners…
Claims for damage (including slackage/ullage) due to bad stowage or handling 100%…
Except as provided in the succeeding paragraphs of this clause short delivery claims…
As regards short delivery and overcarriage claims, where there is clear and irrefutable…
Claims for condensation damage shall be apportioned as provided in the first paragraph…
[3] Extension of Agreement…
It shall be open to the parties to apply in whole or in part the agreement if they…
[4] Duration…
This agreement shall continue in force until varied or terminated. Any variation…
For example if the Standard Association gave written notice of withdrawal from the…
[5] Operation…
Nothing herein contained shall affect any settlement already concluded between the…
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