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The “New Jason Clause” and the “Both to Blame Collision Clause” are recommended inserted in all charterparties, Bills of Lading, waybills and other contracts containing or evidencing the contract of carriage used in international trade.
For further Guidance to Appendix VII see the Guidance (G) to Rule 55. It is emphasised that whilst the Association recommends that these clauses be included in the specified documents in order to ensure that the Member has the maximum protection against claims, Rule 55 makes it clear that, should the Member fail to do so but should nevertheless seek cover from the Association for liabilities, losses, costs or expenses incurred thereby, the Association is not able to provide such cover. Furthermore, although there may be variations of these clauses, the clauses to which Appendix VII refers are the BIMCO approved clauses that may be found on the BIMCO website.