MASTER EXAM ORAL QUESTIONS AND ANSWERS - LATEST QUESTIONS | Page 140

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Yes . In Special area there is requirement of alarm as well as automatic stopping device. In non special area it is only alarm  and manual stop is there.

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A general average situation occurs when there is an extra ordinary sacrifice or expenditure resulting from an intentional act which is reasonably made for the common safety of  ship, cargo and freight. in situation of peril, for the safety of maritime adventure,

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As per york Antwerp Rules 1994 "There is a general average act when and only when, any extraordinary sacrifice or expenditure is intentionally or resonably made or incurred for the common safety for the purpose of preventing from peril the property involves in a common maritime adventure"

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latest addition to ya rules 2004 numbered rule 23 is the time bar

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3 common law obligations (as to seaworthiness, deviation, reasonable despatch) are basic obligations of all carriers.

6 common law exceptions (act of God, Queen’s enemies, inherent vice, defective packing, fraud, jettison/general average) protect the carrier from liability, unless he is negligent, if his vessel was unseaworthy at the start of the voyage, or if there was a serious deviation from the contract (e.g. cargo taken to a non-agreed port, etc.).

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The International Convention on the Control of Harmful Anti-fouling Systems on Ships, which was adopted on 5 October 2001, will prohibit the use of harmful organotins in anti-fouling paints used on ships and will establish a mechanism to prevent the potential future use of other harmful substances in anti-fouling systems.Anti-fouling paint being applied to a ship. The convention entered into force on 17 September 2008.

Under the terms of the Convention, Parties to the Convention are required to prohibit and/or restrict the use of harmful anti-fouling systems on ships flying their flag, as well as ships not entitled to fly their flag but which operate under their authority and all ships that enter a port, shipyard or offshore terminal of a Party.

Annex I attached to the Convention states that by an effective date of 1 January 2003, all ships shall not apply or re-apply organotins compounds which act as biocides in anti-fouling systems. Given that this date has already passed, IMO has been urging States to ratify the convention as soon as possible in order to achieve entry into force conditions. In November 2001, the IMO Assembly adopted Resolution A.928(22) Resolution on early and effective application of the international convention on the control of harmful anti-fouling systems on ships.

Under the terms of the convention, by 1 January 2008 (effective date), ships either:

(a)   shall not bear such compounds on their hulls or external parts or surfaces; or
(b)   shall bear a coating that forms a barrier to such compounds leaching from the underlying non-compliant anti-fouling systems.

This applies to all ships (except fixed and floating platforms, floating storage units (FSUs), and floating production storage and off-loading units (FPSOs) that have been constructed prior to 1 January 2003 and that have not been in dry-dock on or after 1 January 2003.

Ships of above 400 gross tonnage and above engaged in international voyages (excluding fixed or floating platforms, FSUs and FPSOs) will be required to undergo an initial survey before the ship is put into service or before the International Anti-fouling System Certificate is issued for the first time; and a survey when the anti-fouling systems are changed or replaced.

Ships of 24 metres or more in length but less than 400 gross tonnage engaged in international voyages (excluding fixed or floating platforms, FSUs and FPSOs) will have to carry a Declaration on Anti-fouling Systems signed by the owner or authorized agent. The Declaration will have to be accompanied by appropriate documentation such as a paint receipt or contractor invoice.

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EXPRESSED WARRANTY
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(1) An express warranty may be in any form of words from which the intention to warrant is to be inferred.
(2) An express warranty must be included in, or written upon, the policy, or must be contained in some document incorporated by reference into the policy.
(3) An express warranty does not exclude implied warranty, unless it be inconsistent therewith.
Example of Exp Warranty:
A] NAVIGATION / TRADING WARRANTY
B] TOWING WARRANTIES
C] SALVAGE WARRANTIES etc
In short anything which is written is expressed

IMPLIED WARRANTY
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Warranty not included in or endorsed on the policy.
Example of Exp Warranty:
A] SEAWORTHINESS
B] LEGALITY
C] NEUTRALITY
In short anything which is understood is implied