Colombian Commercial Code - Decree 410 of 1971 - Book Five - Navigation - Part One - From the Navigation Aquatics - Title VI - Risks and Damages in Maritime Navigation - Chapter I - Troubleshooting - Section I - General Average - Del : 1517 In Art: Art: 1528
Section I
General average
Section 1517 .- There is only average act or intentionally and reasonably common when you make a extraordinary sacrifice or incurred an expense of the same nature for the common safety, to preserve a real danger involved in sailing.
Section 1518 .- The sacrifices and expenditures of the general average will be in charge of the various interests called to contribute.
Section 1519 .- Applies only to general average damages, losses or expenses which are a direct consequence. To this effect will be included as expenses and liquidation of the damage and the interests of the sums borrowed by the captain to remove the danger.
Paragraph .- Loss or damage to the ship or cargo because of the delay, during or after the trip, and any other indirect, like the market is not allowed in general average.
Section 1520 .- The obligation to contribute to the general average if the event exists which has led to the sacrifice or expense is due to the fault of one party interested in navigation, without prejudice to any action that may be brought against her.
Section 1521 .- The proof of loss or expense must be admitted in general average shall be borne by the party claimed.
Section 1522 .- Any additional expenditure made in lieu of other expenses that would have been considered average, will be admitted with this reputed and character regardless of the economy obtained by any other interests, but only to the concurrence of the amount of the expense of general average to was avoided.
Section 1523 .- The common fault is cleared, both losses as relevant contributions, based on the values that the stakes record on the date and port where the voyage or adventure ends, except for personal effects of crew and unchecked baggage.
This rule shall apply even than the place where the settlement to be effected for the failure.
Section 1524 .- It will not be admitted as general average to jettison cargo not transported subject to the laws and regulations or practice recognized in the trade.
Section 1525 .- In the settlement of the average, the repairs that have that capacity will be subject to deductions for difference from old to new when the material or old parts are replaced by new, according to the following standards:
The deductions shall be governed by the age of the ship from the original date of registration to the accident, however, supplies and consumables, insulators, rescue boats and similar equipment gyro compass, radio-equipment and locate the ship, echoic or similar probes, machinery and boilers shall be governed by the age of the respective parties to which those are applied.
No deduction will be made for supplies, consumables and accessories that have not been used.
The deductions on the cost of materials or new parts, including labor and installation costs, but excluding the cost of removal or dismantling of machines.
The rights of transit and dry dock and ship's travel expenses will be paid in full.
The cleaning and painting the hull will not be paid if the helmet has been painted in the six months preceding the date of accident.
A) During the first year:
All repairs are fully accepted except the scraping, cleaning and painting or coating of the hull, of which one third is deducted;
B) One to three years:
Deduction from the scraping, cleaning and painting of the hull as provided in subsection A).
Third will be deducted on the sails, rigging, ropes, ropes sheets (non-wire and chain), awnings, tarpaulins, supplies, consumables, and paint.
Sixth will be deducted from the wooden parts of the town, including the lining of the wineries, masts, spars and wooden boats, furniture, upholstery, crockery, metal and glass, rigging, cabuyería ropes and wire, equipment gyro compass, radio-equipment and to locate the ship, echoic and similar probes, cables, chains and necklaces, insulators, auxiliary machines, servo motors and winch connections and feathers and connections, electrical equipment and connections than electrically powered machines, the other repairs will be considered for their full value.
The coating metal vessels made of wood or be paid in full, based on the cost of a weight equal to the gross weight of the coating metal taken from the ship, less the proceeds from the sale of scrap metal. Nails, felt and labor to place the new coating will be subject to the deduction of one third;
C) Three to six years:
Deductions will be practiced as outlined in section B), except third to be deducted to the wooden parts of the town, including the lining of the wineries, masts, spars and wooden boats, furniture, upholstery and sixth to deducted from the iron parts of the masts and spars of all machines (including boilers and accessories);
D) Six to ten years:
Deductions will be made as indicated in subsection C), but third to be deducted from all gear, ropes, sheets, iron parts of the masts and spars, gyro compass equipment, telegraph equipment and to move the ship , echoic and similar probes, insulators, auxiliary machines, servo motors, winches and pens and accessories and any other machine (including boilers and accessories);
E) Ten to fifteen years:
Less a third of all renewals, except the iron parts of the hull, cement and chain-cables, which will be deducted sixth, and anchors, whose value is allowed in full and
F) More than fifteen years:
Less a third of all renewals, except for strings-cables which are deducted sixth, and anchors, whose value is allowed in full.
Section 1526 .- Not be considered general average loss or damage which are the subject goods loaded without the consent of the owner or his agent, or those that have been deliberately false designation at the time of shipment. But such goods shall contribute according to their real value if saved.
The failure or loss caused to goods which have been falsely declared the shipment with a value less than the commercial will be supported by the declared value, but contribute to its commercial value.
Section 1527 .- Goods cast into the sea and later recovered, are in control of the breakdown only by the value of impairment have suffered, plus the expenditures made to save them.
If the amount of such goods shall have been included in the general average and paid to the owners before taking the ransom, they returned the amount charged, retaining only what corresponds to them because of decay and salvage charges.
Section 1528 .- The actions derived from the general average in the time lapse of one year, counted from the date of completion of travel.
Section 1518 .- The sacrifices and expenditures of the general average will be in charge of the various interests called to contribute.
Section 1519 .- Applies only to general average damages, losses or expenses which are a direct consequence. To this effect will be included as expenses and liquidation of the damage and the interests of the sums borrowed by the captain to remove the danger.
Paragraph .- Loss or damage to the ship or cargo because of the delay, during or after the trip, and any other indirect, like the market is not allowed in general average.
Section 1520 .- The obligation to contribute to the general average if the event exists which has led to the sacrifice or expense is due to the fault of one party interested in navigation, without prejudice to any action that may be brought against her.
Section 1521 .- The proof of loss or expense must be admitted in general average shall be borne by the party claimed.
Section 1522 .- Any additional expenditure made in lieu of other expenses that would have been considered average, will be admitted with this reputed and character regardless of the economy obtained by any other interests, but only to the concurrence of the amount of the expense of general average to was avoided.
Section 1523 .- The common fault is cleared, both losses as relevant contributions, based on the values that the stakes record on the date and port where the voyage or adventure ends, except for personal effects of crew and unchecked baggage.
This rule shall apply even than the place where the settlement to be effected for the failure.
Section 1524 .- It will not be admitted as general average to jettison cargo not transported subject to the laws and regulations or practice recognized in the trade.
Section 1525 .- In the settlement of the average, the repairs that have that capacity will be subject to deductions for difference from old to new when the material or old parts are replaced by new, according to the following standards:
The deductions shall be governed by the age of the ship from the original date of registration to the accident, however, supplies and consumables, insulators, rescue boats and similar equipment gyro compass, radio-equipment and locate the ship, echoic or similar probes, machinery and boilers shall be governed by the age of the respective parties to which those are applied.
No deduction will be made for supplies, consumables and accessories that have not been used.
The deductions on the cost of materials or new parts, including labor and installation costs, but excluding the cost of removal or dismantling of machines.
The rights of transit and dry dock and ship's travel expenses will be paid in full.
The cleaning and painting the hull will not be paid if the helmet has been painted in the six months preceding the date of accident.
A) During the first year:
All repairs are fully accepted except the scraping, cleaning and painting or coating of the hull, of which one third is deducted;
B) One to three years:
Deduction from the scraping, cleaning and painting of the hull as provided in subsection A).
Third will be deducted on the sails, rigging, ropes, ropes sheets (non-wire and chain), awnings, tarpaulins, supplies, consumables, and paint.
Sixth will be deducted from the wooden parts of the town, including the lining of the wineries, masts, spars and wooden boats, furniture, upholstery, crockery, metal and glass, rigging, cabuyería ropes and wire, equipment gyro compass, radio-equipment and to locate the ship, echoic and similar probes, cables, chains and necklaces, insulators, auxiliary machines, servo motors and winch connections and feathers and connections, electrical equipment and connections than electrically powered machines, the other repairs will be considered for their full value.
The coating metal vessels made of wood or be paid in full, based on the cost of a weight equal to the gross weight of the coating metal taken from the ship, less the proceeds from the sale of scrap metal. Nails, felt and labor to place the new coating will be subject to the deduction of one third;
C) Three to six years:
Deductions will be practiced as outlined in section B), except third to be deducted to the wooden parts of the town, including the lining of the wineries, masts, spars and wooden boats, furniture, upholstery and sixth to deducted from the iron parts of the masts and spars of all machines (including boilers and accessories);
D) Six to ten years:
Deductions will be made as indicated in subsection C), but third to be deducted from all gear, ropes, sheets, iron parts of the masts and spars, gyro compass equipment, telegraph equipment and to move the ship , echoic and similar probes, insulators, auxiliary machines, servo motors, winches and pens and accessories and any other machine (including boilers and accessories);
E) Ten to fifteen years:
Less a third of all renewals, except the iron parts of the hull, cement and chain-cables, which will be deducted sixth, and anchors, whose value is allowed in full and
F) More than fifteen years:
Less a third of all renewals, except for strings-cables which are deducted sixth, and anchors, whose value is allowed in full.
Section 1526 .- Not be considered general average loss or damage which are the subject goods loaded without the consent of the owner or his agent, or those that have been deliberately false designation at the time of shipment. But such goods shall contribute according to their real value if saved.
The failure or loss caused to goods which have been falsely declared the shipment with a value less than the commercial will be supported by the declared value, but contribute to its commercial value.
Section 1527 .- Goods cast into the sea and later recovered, are in control of the breakdown only by the value of impairment have suffered, plus the expenditures made to save them.
If the amount of such goods shall have been included in the general average and paid to the owners before taking the ransom, they returned the amount charged, retaining only what corresponds to them because of decay and salvage charges.
Section 1528 .- The actions derived from the general average in the time lapse of one year, counted from the date of completion of travel.
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