Salvation contract
China Maritime Arbitration Commission Standard Format
________year month day
________
__________ __________ Ship __________ on behalf of __________ ship, ship cargo, freight, fuel, materials and other property owners signed this contract with __________ representative _____________.
The first rescuer shall, with due care, rescue ships and/or cargo, freight, fuel, materials and other property on board __________ and send them to __________ or other locations agreed upon later, if not The agreed or agreed location can be sent to any safe location.
When the rescued ship and/or other property has been sent to the location specified in the preceding paragraph, the rescued party shall promptly accept the reasonable transfer request from the rescuer; if it is not accepted in time, the rescued party shall be responsible for the negligence of the non-responder. The consequences are responsible.
Article 2 The rescued party shall cooperate with the rescuer, including obtaining permission to enter the place specified in Article 1 of the contract; provide the rescuer with free use of the machinery, equipment, equipment, anchors, anchor chains, materials and other attachments on board. However, the rescuer shall not damage, abandon or sacrifice the above objects or other salvage property without cause.
Article 3 The rescuer is obliged to seek assistance from other rescuers if it is reasonably necessary.
When the rescued party or the captain reasonably requests other rescuers to participate in the rescue operation, the rescuer shall accept such a request, but if the request is unreasonable, the amount of the former rescuer's salvage compensation shall not be affected.
Article 4 During the rescue operation, the rescuer and the rescued party and the master are obliged to prevent or reduce environmental pollution damage with due care.
Article 5 In addition to the provisions of Article 9 of this contract, if the rescuer rescues the salvage target specified in this contract and obtains the effect, he shall be entitled to receive the salvage remuneration; if the effect is not achieved, he shall not be entitled to the salvage remuneration.
Article 6 A rescuer who rescues a person in a rescue operation shall not request remuneration from the rescued person, but shall have the right to obtain a reasonable share of the salvage money obtained from the salvage party who rescues the ship or other property and prevents or reduces environmental pollution damage.
Article 7 Determining salvage remuneration shall reflect the encouragement of rescue operations and comprehensively consider the following factors:
The salvage value of ships and other property;
The skills and efforts of the rescuer in preventing or reducing environmental pollution damage;
The rescue effect of the rescuer;
The nature and extent of the danger;
The skills and efforts of the rescuer in the rescue of ships, other property and human life;
Time spent by the rescuer, expenses incurred and losses suffered;
Responsibility risks and other risks from rescuers or rescue equipment;
The timeliness of the salvage service provided by the rescuer;
Availability and use of ships and other facilities used for rescue operations;
The standby condition, performance and value of the equipment. The amount of salvage compensation shall not exceed the salvage value of the ship and other property.
Article 8 If the rescuer's negligence causes the rescue operation to become necessary or more difficult, or if the rescuer has fraud or other dishonesty, the salvage payment to the rescuer shall be cancelled or reduced.
Article 9 Where the salvage assistance received by the rescuer in accordance with the provisions of Article 7 of this contract is less than the special compensation that can be obtained in accordance with the provisions of this Article, the salvage party has the right to assist the ship or the ship’s cargo that poses a risk of environmental pollution damage. This article provides for special compensation equivalent to salvage costs from the owner of the ship.
If the salvage party carries out the assistance provided in the preceding paragraph and obtains the effect of preventing or reducing the environmental pollution damage, the special compensation that the ship owner should pay to the rescuer in accordance with the provisions of the preceding paragraph may be increased separately, and the increased amount may reach 3 percent of the salvage fee. ten. If the arbitral tribunal constituted under Article 15 of this contract considers it appropriate and considers the factors specified in the first paragraph of Article 7 of this contract, it may decide to further increase the special compensation, but in any case, the total amount of the increase may not More than 100% of the cost of assistance.
The salvage expenses referred to in this Article refer to the reasonable expenses directly paid by the rescuer in the rescue operation, the actual use of rescue equipment, and the reasonable expenses of the rescue personnel. The determination of salvage expenses shall take into account the various factors specified in the first paragraph of Article 7 of this contract.
In any case, all special compensations provided for in this Article shall be paid only if the salvage party is able to receive salvage remuneration in accordance with Article 7 of this contract. The amount of the payment is the difference between the special compensation and the salvage remuneration.
If the fault of the dry rescuer fails to prevent or reduce environmental pollution damage, the salvage party may be deprived of the right to special compensation in whole or in part.
Article 10 In order to preserve the salvage rewards that the rescuer deserves, after the rescue operation is completed, the rescued party shall provide satisfactory guarantees within 14 working days of the bank according to the requirements of the rescuer.
The owner of the ship and its hiring and agent shall endeavour to ensure that the owner of the goods provides a satisfactory guarantee for the remuneration payable to the owner of the goods before the returned goods are returned.
Before the guarantee is provided in accordance with the provisions of paragraph 1 of this Article, the rescued ship and other property shall not be removed from the port or place where the rescued ship was originally arrived without the written consent of the salvage party. If the rescuer has reason to believe that the rescued party will violate or attempt to violate the provisions of this paragraph, it has the right to apply for property preservation measures.
The above guarantee amount shall include interest and reasonable expenses that may occur in the arbitration.
Article 11 Where the provisions of Article 9 of this Agreement may apply, the owner of the ship shall provide a satisfactory guarantee in accordance with the reasonable requirements of the rescuer.
Article 12 If, prior to the signing of this contract, the rescued party or the master is not clearly and reasonably restrained, the salvage party has provided the goods referred to in this contract for the ship in distress and/or the cargo, freight, fuel, materials and other property on board. For all or part of the rescue service, the provisions of this contract shall apply to such services.
Article 13 This contract is signed by the master or the owner of the ship on behalf of the owner of the ship, cargo on board, freight, fuel, materials and other property, and each owner shall perform his obligations under this contract.
The amount of salvage remuneration shall be borne by the owner of the rescued ship and other salvage property in proportion to the salvage value of the ship and other property in the total salvage value.
Article 14 The salvage remuneration and/or special compensation of each salvage party participating in the same rescue operation shall be determined by the parties in consultation according to the provisions of Articles 7, 8 and 9.
Article 15 All disputes between the rescuer and the rescued party and the rescuers and/or the rescued parties who have signed this contract in accordance with this contract or related to this contract shall be submitted to China Maritime Arbitration. The committee settled the arbitration.
The Arbitration Commission conducts arbitration in accordance with the procedures set out in the Arbitration Rules of the Association. The arbitral tribunal, which is composed of the arbitration rules of the Arbitration Commission, has the right to make an intermediate or partial ruling under reasonable conditions at the request of the rescuer, requesting the rescuer to pay the appropriate amount first. The amount of guarantee provided by the rescued party based on the above-mentioned arbitral award of the arbitral tribunal shall be deducted accordingly.
The decision of the Arbitration Commission is final and binding on all parties.
Article 16 Unless otherwise expressly agreed, this contract and the arbitration conducted under this contract shall be governed by the laws of the People's Republic of China.
Article 17 If there is any change in the name, address, fax number, telex number and postal code listed in the preface to this contract, the Arbitration Commission and the other party shall be notified immediately. Otherwise, all letters, files, etc. mailed by the address and faxes and telexes transmitted by that number shall be deemed to have been served by the Arbitration Panel or the arbitral tribunal after a reasonable time.
signature:
Representing the rescuer: Representing the rescued party:
China Maritime Arbitration Commission
________year month day
________
__________ __________ Ship __________ on behalf of __________ ship, ship cargo, freight, fuel, materials and other property owners signed this contract with __________ representative _____________.
The first rescuer shall, with due care, rescue ships and/or cargo, freight, fuel, materials and other property on board __________ and send them to __________ or other locations agreed upon later, if not The agreed or agreed location can be sent to any safe location.
When the rescued ship and/or other property has been sent to the location specified in the preceding paragraph, the rescued party shall promptly accept the reasonable transfer request from the rescuer; if it is not accepted in time, the rescued party shall be responsible for the negligence of the non-responder. The consequences are responsible.
Article 2 The rescued party shall cooperate with the rescuer, including obtaining permission to enter the place specified in Article 1 of the contract; provide the rescuer with free use of the machinery, equipment, equipment, anchors, anchor chains, materials and other attachments on board. However, the rescuer shall not damage, abandon or sacrifice the above objects or other salvage property without cause.
Article 3 The rescuer is obliged to seek assistance from other rescuers if it is reasonably necessary.
When the rescued party or the captain reasonably requests other rescuers to participate in the rescue operation, the rescuer shall accept such a request, but if the request is unreasonable, the amount of the former rescuer's salvage compensation shall not be affected.
Article 4 During the rescue operation, the rescuer and the rescued party and the master are obliged to prevent or reduce environmental pollution damage with due care.
Article 5 In addition to the provisions of Article 9 of this contract, if the rescuer rescues the salvage target specified in this contract and obtains the effect, he shall be entitled to receive the salvage remuneration; if the effect is not achieved, he shall not be entitled to the salvage remuneration.
Article 6 A rescuer who rescues a person in a rescue operation shall not request remuneration from the rescued person, but shall have the right to obtain a reasonable share of the salvage money obtained from the salvage party who rescues the ship or other property and prevents or reduces environmental pollution damage.
Article 7 Determining salvage remuneration shall reflect the encouragement of rescue operations and comprehensively consider the following factors:
The salvage value of ships and other property;
The skills and efforts of the rescuer in preventing or reducing environmental pollution damage;
The rescue effect of the rescuer;
The nature and extent of the danger;
The skills and efforts of the rescuer in the rescue of ships, other property and human life;
Time spent by the rescuer, expenses incurred and losses suffered;
Responsibility risks and other risks from rescuers or rescue equipment;
The timeliness of the salvage service provided by the rescuer;
Availability and use of ships and other facilities used for rescue operations;
The standby condition, performance and value of the equipment. The amount of salvage compensation shall not exceed the salvage value of the ship and other property.
Article 8 If the rescuer's negligence causes the rescue operation to become necessary or more difficult, or if the rescuer has fraud or other dishonesty, the salvage payment to the rescuer shall be cancelled or reduced.
Article 9 Where the salvage assistance received by the rescuer in accordance with the provisions of Article 7 of this contract is less than the special compensation that can be obtained in accordance with the provisions of this Article, the salvage party has the right to assist the ship or the ship’s cargo that poses a risk of environmental pollution damage. This article provides for special compensation equivalent to salvage costs from the owner of the ship.
If the salvage party carries out the assistance provided in the preceding paragraph and obtains the effect of preventing or reducing the environmental pollution damage, the special compensation that the ship owner should pay to the rescuer in accordance with the provisions of the preceding paragraph may be increased separately, and the increased amount may reach 3 percent of the salvage fee. ten. If the arbitral tribunal constituted under Article 15 of this contract considers it appropriate and considers the factors specified in the first paragraph of Article 7 of this contract, it may decide to further increase the special compensation, but in any case, the total amount of the increase may not More than 100% of the cost of assistance.
The salvage expenses referred to in this Article refer to the reasonable expenses directly paid by the rescuer in the rescue operation, the actual use of rescue equipment, and the reasonable expenses of the rescue personnel. The determination of salvage expenses shall take into account the various factors specified in the first paragraph of Article 7 of this contract.
In any case, all special compensations provided for in this Article shall be paid only if the salvage party is able to receive salvage remuneration in accordance with Article 7 of this contract. The amount of the payment is the difference between the special compensation and the salvage remuneration.
If the fault of the dry rescuer fails to prevent or reduce environmental pollution damage, the salvage party may be deprived of the right to special compensation in whole or in part.
Article 10 In order to preserve the salvage rewards that the rescuer deserves, after the rescue operation is completed, the rescued party shall provide satisfactory guarantees within 14 working days of the bank according to the requirements of the rescuer.
The owner of the ship and its hiring and agent shall endeavour to ensure that the owner of the goods provides a satisfactory guarantee for the remuneration payable to the owner of the goods before the returned goods are returned.
Before the guarantee is provided in accordance with the provisions of paragraph 1 of this Article, the rescued ship and other property shall not be removed from the port or place where the rescued ship was originally arrived without the written consent of the salvage party. If the rescuer has reason to believe that the rescued party will violate or attempt to violate the provisions of this paragraph, it has the right to apply for property preservation measures.
The above guarantee amount shall include interest and reasonable expenses that may occur in the arbitration.
Article 11 Where the provisions of Article 9 of this Agreement may apply, the owner of the ship shall provide a satisfactory guarantee in accordance with the reasonable requirements of the rescuer.
Article 12 If, prior to the signing of this contract, the rescued party or the master is not clearly and reasonably restrained, the salvage party has provided the goods referred to in this contract for the ship in distress and/or the cargo, freight, fuel, materials and other property on board. For all or part of the rescue service, the provisions of this contract shall apply to such services.
Article 13 This contract is signed by the master or the owner of the ship on behalf of the owner of the ship, cargo on board, freight, fuel, materials and other property, and each owner shall perform his obligations under this contract.
The amount of salvage remuneration shall be borne by the owner of the rescued ship and other salvage property in proportion to the salvage value of the ship and other property in the total salvage value.
Article 14 The salvage remuneration and/or special compensation of each salvage party participating in the same rescue operation shall be determined by the parties in consultation according to the provisions of Articles 7, 8 and 9.
Article 15 All disputes between the rescuer and the rescued party and the rescuers and/or the rescued parties who have signed this contract in accordance with this contract or related to this contract shall be submitted to China Maritime Arbitration. The committee settled the arbitration.
The Arbitration Commission conducts arbitration in accordance with the procedures set out in the Arbitration Rules of the Association. The arbitral tribunal, which is composed of the arbitration rules of the Arbitration Commission, has the right to make an intermediate or partial ruling under reasonable conditions at the request of the rescuer, requesting the rescuer to pay the appropriate amount first. The amount of guarantee provided by the rescued party based on the above-mentioned arbitral award of the arbitral tribunal shall be deducted accordingly.
The decision of the Arbitration Commission is final and binding on all parties.
Article 16 Unless otherwise expressly agreed, this contract and the arbitration conducted under this contract shall be governed by the laws of the People's Republic of China.
Article 17 If there is any change in the name, address, fax number, telex number and postal code listed in the preface to this contract, the Arbitration Commission and the other party shall be notified immediately. Otherwise, all letters, files, etc. mailed by the address and faxes and telexes transmitted by that number shall be deemed to have been served by the Arbitration Panel or the arbitral tribunal after a reasonable time.
signature:
Representing the rescuer: Representing the rescued party:
China Maritime Arbitration Commission
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