Lawyers providing legal advice to clients

Guidance on General Average and New Jason Clauses

Published: 20 December 2023

Users of BIMCO’s WINDTIME, SUPPLYTIME 2017 and ASVTIME charter parties should be aware of new guidance relating to possible inclusion or exclusion of General Average and New Jason Clauses.

The WINDTIME, SUPPLYTIME 2017 and ASVTIME charter parties do not contain a General Average and New Jason Clause – contrary to SUPPLYTIME 2005. However, this does not mean that general average principles may not be relied upon by one of the parties involved in a casualty as a basis for making a claim in respect of their general average expenditure and/or losses. If the operating vessel under the contract is carrying cargo, property and/or equipment belonging to charterers or members of the “Charterers’ Group”, parties should therefore decide either to exclude or include General Average and New Jason Clauses.

Further information is available in the Guidance Note which has been published on the BIMCO website accompanying the Explanatory Notes for WINDTIME, SUPPLYTIME 2017 and ASVTIME. A note flagging the issue will also be displayed when users open one of these contracts in SmartCon.

 

 

Christian Hoppe

CONTACT BIMCO

Christian Hoppe

General Counsel

Copenhagen, Denmark