pi_circular Insurance & claims London P&I Club
CLASS 5, THE PROTECTING AND INDEMNITY CLASS ____________________ NOTICE IS HEREBY GIVEN that a SEPARATE MEETING of the MEMBERS OF CLASS 5, THE PROTECTING AND INDEMNITY CLASS, of the Association will be held at the REGISTERED OFFICE of the Association, 50 LEMAN STREET, LONDON, E1 8HQ at 12 noon on WEDNESDAY, 30th JANUARY 2008, or as soon thereafter as the meeting of the Committee called for that day is finished, for the purpose of amending the Rules. The following amendments together with such further amendments, if any, as may be proposed will be submitted for adoption with or without modification and with effect from noon G.M.T. on the 20th day of February 2008. [New wording is in bold. The explanatory notes in italics will not appear in the actual Rules.] RULE 9.19 CARGO 9.19.2.4 unless the Committee in its sole discretion shall otherwise determine, there shall be no recovery in respect of: 9.19.2.4.1 any bill of lading, waybill or other document containing or evidencing the contract of carriage issued with an incorrect date or, with the knowledge of the Assured or the master of the entered Ship, with an incorrect description of the cargo or its quantity or its condition or a misstatement of the port of loading or the port of discharge; 9.19.2.4.2 delivery of cargo without production of the relevant bill of lading, waybill or other document containing or evidencing the contract of carriage and/or discharge of cargo at a port or place other than that stated in the contract of carriage; [Explanation: The proposed change extends the proviso as stipulated in order to achieve consistency with a change in the Pooling Agreement and which, in turn, reflects the decision of the English Courts in the Rafaela S.] RULE 10 SPECIAL COVER FOR CHARTERERS 10.1 If A Ship is may be entered in the Association for charterers’ risks by or on behalf of a time, voyage, space or slot charterer, the following liabilities, losses, costs and expenses may be covered and on such terms and conditions as may be agreed by the Managers in writing insured against the following risks: 10.1.1 the liability of the charterer, together with costs and expenses incidental thereto, to indemnify the owner or disponent owner of the entered Ship in respect of the for risks set out in Rule 9; 10.1.2 the liability of the charterer to contribute to general average, salvage or other charges in respect of the charterer’s interest in hire, freight, bunkers or other property on board the entered Ship other than cargo and containers; 10.1.3 where the cargo on board the entered Ship is the property of the charterer, the liability of the charterer as the owner thereof in respect of the risks set out in Rule 9.15 and 9.23.1.4; - 2 10.1.4 Notwithstanding the provisions of Rules 12 and 13: 10.1.4.1 the charterers ’ liability of the charterer to the owner or disponent owner, together with costs and expenses incidental thereto, for the loss of or physical damage to the entered Ship; 10.1.4.2 the liability of the charterer to the owner or disponent owner, together with costs and expenses incidental thereto, for loss of use, hire or demurrage arising from loss of or physical damage to the entered Ship as provided in Rule 10.1.4.1; 10.1.4.3 the liability of the charterer, together with costs and expenses incidental thereto, as would be covered under Rule 9 and this Rule 10, but for the exclusion of war risks as set out in Rule 15; 10.1.4.4 loss of or damage to the bunkers, fuel or other property o
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