1. In a GA situation are ALL goods
blocked (cargo not available for delivery), until the Average Adjusters have
completed their work?
If
the property owners provide valid security, it is indeed possible to take
delivery of the cargo immediately subject to always the safety of the ship and
other interests and whether the cargo can indeed be delivered. If the vessel is
at a port of refuge, the intention would be to deal with the incident at hand.
As noted from the casualty follow up from Roose & Partners, we understand that 198 containers have been
declared as a Total loss and 460 containers are in the affected area, needing a
survey. It does appear to us that the other containers and cargo on board is
undamaged – however, you could get the updated details from Richards Hogg
Lindley, who we understand, have been appointed as the Average Adjusters for
the above incident.
a. How long can the work of these
Average Adjusters take on average?
The
role of the Average Adjuster is to adjust the General Average i.e. to ascertain
what is due from the various interests for the sacrifices/expenditures incurred
during a General Average incident. This may easily take a few years given that
this incident is on board a container vessel with thousands of various
interests.
b. When will the goods be unblocked?
Cargo
interests will be entitled to seek delivery of their cargo as and when they
provide valid security as has been requested by the Average Adjusters. In case,
the cargo is uninsured, cargo interests could provide security by way of a cash
deposit in lieu of an Average Guarantee (which is invariably signed by cargo
insurers).
c. Will all goods be unblocked?
Once
the cargo interests have provided valid and sufficient security (GA Bond + GA
Guarantee / Cash Deposit), the goods can be delivered to the cargo interests.
2. In this case, the final destination
of the ship was Halifax but the ship has been taken to Freeport
for assessment. Do
all goods have to stay on board till the full assessment is complete or do they
release goods as assessed. Say, for
example, containers in a section of the ship that has not been affected at
all..??
We
understand that the vessel diverted to Freeport as a port of refuge (there was
salvage involved). Once the vessel is in a position of safety, Salvors will
tender the vessel back provided they have received security (Salvage security).
We believe that cargo interests would have to provide both Salvage and General
Average Security (please check with Richards Hogg Lindley who have been engaged
for this incident). Vessel Owners / Operators have a duty to continue with the
voyage if it is possible. However,
prior to doing that, they would have to deal with the incident at hand and
ensure that the vessel can continue with the voyage. If cargo has been damaged
during the incident, it would be discharged/disposed off prior to continuing
with the voyage to avoid any issues for entry into the ports where the vessel
is scheduled to call. Technically, it would be possible for cargo interests to
seek delivery of their cargo at a port of refuge provided they have submitted
adequate security. However, the containers should be easily dischargeable and
with the extra costs to be incurred on the account of the cargo interests (if
there is shifting / restow / etc – this will be on the account of the cargo
interests).
3. When do all the different parties
have to pay their part of the indemnity fees and are paid by insurance or cargo
interest..??
If the cargo is insured for its full value in say ICC (A) form,
then both Salvage and General Average will be covered and the insurers will
either provide the security / make payment or reimburse the Insured for the
same.
4. These unexpected delays can, of
course, create a certain “damage” to the owners of the goods; I understand
the Insurance does not include any of the consequences of the General
Average?
Marine Policies do not cover delay (invariably, Bill of Lading
terms also exclude claims for delay – see clause 7(5) of the Hapag Lloyd Bills
of Lading Terms and which can be viewed here).
However,
should a party wish to be covered for these type of delay and which may result
in down times, there are other covers available in the market.
5. When will the beneficiaries of the
insurance paid out (this would then refer to the owners that really lost
material or got their own material damaged) – do they have to wait until the
Average Adjusters have done their work, made their conclusions, send in their
reports etc… or can they claim immediately to the Insurance company and the
Insurance company later on settles with the other parties?
If the cargo is a Total Loss, cargo interests can submit their
claim to their insurers for indemnity. If the cargo is properly insured (say no
underinsurance), generally cargo insurers step
in and provide security (Salvage and General Average Guarantee).
In
the off chance that the Insurers security is not accepted, cargo interests
could instead provide security (say by cash deposit) and subsequently submit
their claim from their Insurers for indemnity under the terms of the policy
(any recovery will depend on the terms of the coverage of the policy).
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