Bermuda P&I Class Rules 2001/2002 - The Standard Club
Bermuda P&I Class Rules 2001/2002 - The Standard Club
Bermuda P&I Class Rules 2001/2002 - The Standard Club
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34<br />
Interest<br />
16.6 In no case whatsoever shall interest be paid upon sums due from the<br />
<strong>Club</strong>.<br />
Member to pay claim first<br />
16.7 Unless the Board shall in its discretion otherwise determine, it is a<br />
condition precedent of a Member’s right to recover from the funds of the<br />
<strong>Club</strong> in respect of any liabilities, costs or expenses that he shall first have<br />
paid the same out of funds belonging to him unconditionally and not by<br />
way of loan or otherwise.<br />
16.7.2 Where the <strong>Club</strong> has paid a claim to or on behalf of a member, the<br />
whole of any recovery from a third party in respect of that claim shall be<br />
credited and paid to the <strong>Club</strong> up to an amount corresponding with the<br />
sum paid by the <strong>Club</strong>, including any interest and legal costs and<br />
expenses.<br />
Deductibles<br />
16.8.1 Any deductible set out in this paragraph 8 of Rule 16 or in the<br />
Certificate of Entry of the entered ship shall be deducted from any sum<br />
recoverable under these <strong>Rules</strong> or the said Certificate of Entry.<br />
16.8.2 Unless otherwise expressly agreed in writing all claims shall be subject to<br />
such standard deductibles as the Board may from time to time determine,<br />
whether or not a Member has received notice of such determination.<br />
16.8.3 Without prejudice to the applicability of any deductible the <strong>Club</strong> may,<br />
by direction of the Board or the Managers, undertake the defence of a<br />
Member or institute legal proceedings on his behalf in respect of any<br />
amount not recoverable from the <strong>Club</strong> by reason of any deductible for<br />
the purpose of ascertaining in due course the legal liability or right of<br />
the Member; and the <strong>Club</strong> shall bear the expense of such legal<br />
proceedings; but the Member shall himself bear any damages therein<br />
adjudged or awarded against him.<br />
Note: Unless otherwise specifically agreed in writing with the Managers the<br />
following standard deductibles will apply to all claims:<br />
(i) Claims under Rule 20.20, 21 and 23 relating to loss of or damage to or<br />
responsibility in respect of cargo or for Cargo’s proportion of General Average,<br />
including special charges or salvage, shall be limited to the excess of U.S.$8,000<br />
in respect of each cargo voyage, SAVE THAT in respect of any cargo or part cargo<br />
of steel, claims shall be limited to the excess of U.S.$20,000 each cargo voyage;<br />
(ii) all other claims shall be limited to the excess of U.S.$8,000 in respect of any one<br />
accident or occurrence.