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Table of contents

Rule 1 Interpretation

1 In these Rules the following words or expressions shall have the following meanings:

Affiliate
any person who is insured pursuant to Rule 78.1(a).

Articles of Association
for entries with Assuranceforeningen Gard - gjensidig - the Statutes of Assuranceforeningen Gard - gjensidig - and for entries with Gard P. & I. (Bermuda) Ltd, the Bye-Laws of Gard P. & I. (Bermuda) Ltd.

Association
for entries with Assuranceforeningen Gard - gjensidig - the 'Association' means Assuranceforeningen Gard - gjensidig - and for entries with Gard P. & I. (Bermuda) Ltd the 'Association' means Gard P. & I. (Bermuda) Ltd.

Bill of Lading
bill of lading or similar document of title.

Certificate of Entry
document issued by the Association pursuant to Rule 5.1, including (where the context permits) any endorsement note in respect of the relevant entry issued pursuant to Rule 5.3, which evidences the terms and conditions of the contract of insurance in respect of the Ship.

Charterer's Entry
an entry effected by a charterer and which does not insure any other person except as a Co-assured or an Affiliate.

Co-assured
any person who is insured pursuant to Rule 78.1(b).

Consortium Agreement
shall have the meaning given to it in Appendix II

Consortium Claim
shall have the meaning given to it in Appendix II.

Consortium Vessel
shall have the meaning given to it in Appendix II.

Crew
officers, including the master, and seamen contractually obliged to serve on board the Ship, including substitutes and including such persons while proceeding to or from the Ship.

Defence cover and Defence entry
insurance by the Association for risks specified in Part IV of these Rules, and the entry of a Ship for such cover.

Estimated Total Call
the agreed rate of premium for an entry for a Policy Year, or the fixed premum payable to the Association on a fixed premium entry, according to the terms of the Ship's entry.

Group Excess Loss Policies
the excess of loss reinsurance policy or policies effected by parties to the Pooling Agreement.

Group Reinsurance Limit
shall have the meaning given to it in Appendix VI.

Hull Policies
the insurance policies effected on the hull and machinery of the Ship, including any excess liability policy.

Insurance Premium Tax
any taxes or other dues payable in respect of an entry of a Ship in the Association in the country where the Ship is registered, the country where the Member is resident, the country where the Member has a permanent place of business or in the country where the risk is located.

Joint Members
where the Ship is entered in the names of more than one Member, the named Members.

Last Instalment
the proportion of the Estimated Total Call for a Policy Year in respect of an entry (other than a fixed premium entry) which shall be deferred for payment in later years in accordance with Rule 12.

 

Member
an owner, operator or charterer (including a bareboat or demise charterer) of a ship entered in the Association who according to the Articles of Association and these Rules is entitled to membership of the Association, provided that, where the context allows, the term 'Member' shall, in these Rules, include a Co-assured and an Affiliate.

Overspill Call
shall have the meaning given to it in Appendix VI.

Overspill Claim
shall have the meaning given to it in Appendix VI.

Owner's Entry
an entry effected by an owner, bareboat or demise charterer or operator of the Ship and which does not insure a charterer of the Ship (other than a charterer insured as a Co-assured or an Affiliate).

P&I cover and P&I entry
insurance by the Association for risks specified in Part II of these Rules, and the entry of a Ship for such cover.

Policy Year
a year from noon GMT on 20th February in any year to immediately prior to noon GMT on the next following 20th February.

Pooling Agreement
an Agreement, to which the Association is a party, between certain protection and indemnity associations dated 20th February 1998 and any addendum to, or variation or replacement of such agreement.

Release Call
any premium which may be payable on termination or cesser of an entry (other than a fixed premium entry) in accordance with Rule 15.1.

Ship
a ship or other floating structure entered in the Association (other than a mobile offshore unit entered in accordance with Part III of these Rules).

Supplementary Call
further premium payable for a Policy Year in respect of an entry (other than a fixed premium entry), in addition to the Estimated Total Call, but excluding any Overspill Call.

2 Headings and notes are for reference only, and shall not affect the construction of these Rules.

3 Any reference to a charterer shall be deemed (unless otherwise expressly indicated) to be a reference to a charterer other than a bareboat or demise charterer.

4 Any reference to a person shall be deemed to include a reference to an individual or a body corporate or unincorporate, as the context requires.

5 A person shall be deemed to be the manager or the operator of a Ship for the purposes of these Rules if the Association in its discretion shall so determine.

6 Where any matter requires the agreement, approval or consent of the Association, agreement, approval or consent shall only be deemed given if in writing.