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15. General average


1) General average shall be adjusted according to York-Antwerp Rules 1974 at any port or place at the option of the Carrier whether declared by the carrier or a subcontractor of the Carrier. This provision shall cover all Goods whether carried on or under deck as well as deck cargo and live animals. The Merchant shall deliver such cash deposit and/or other security as the Carrier may deem sufficient to cover the estimated General Average contribution of the Goods before delivery if the Carrier requires, or, if the Carrier does not so require, within three months of the delivery of the Goods, whether or not at the time of delivery the Merchant had notice of the Carrier’s lien. If a salving vessel is owned or operated by the Carrier, salvage shall be as fully as if the said salving vessel belonged to strangers.
2) If the Carrier delivers the Goods to the Merchant without claiming any average bond or other security for contribution to General Average, the Merchant – by receiving the Goods – becomes personally liable for the contribution up to the C.I.F. value of the Goods provided the Carrier notifies the Merchant within three months after receipt by the Merchant of the Goods of his intention to declare General Average.
The Merchant undertakes, if so requested by the Carrier, to disclose the C.I.F. value of the Goods and the name and address of the Underwriter. Unless the Merchant provides the Carrier with an undertaking from such Underwriter to pay General Average contribution the Merchant shall give the Carrier such other security as he may approve.