Salvage Flashcards
What is salvage?
Service to save maritime PROPERTY in danger.
SOLAS requirement when being informed of DISTRESS at sea?
All ships in are MUST assist.
Proceed with all speed.
Notify vessel in distress or SAR
Obligation to save maritime property?
No statutory obligation to save maritime property.
It is called “commercial venture” if done.
3 points for salvage to have a valid claim?
Property must be in danger at time
Service rendered must be voluntarily
Service must be wholly or partially successful
2 main types of salvage agreements:
- Ordinary tariff, lump sum, or daily rate = Have time to negotiate
- Remuneration will be settled later
(LOF) = Imminent danger, no time to negotiate!
6 advantages of LOF:
No pay no cure
Agreement can be reached via radio or other communications
English law applies
Salvor has maritime lien (keeps what is salvaged)
Disputes arbitration in London
Not likely to be disputed
When was LOF adopted?
Revisions?
Current version?
1892
10
2000
Explain setup of current LOF?
(5)
Imminent danger master has no time to negotiate assistance
12 clauses
2 page document
People signing do not need to be onboard
Int. Salvage Union regards it as a major advance
Clause A, B, C of LOF:
A) CONTRACTORS BASIC OBLIGATION:
Salver uses best endeavours to salve & take to decided place OR safety
B) ENVIRONMENTAL PROTECTION:
Minimise damage
C) SCOPIC Clause
What dies SCOPIC stand for?
Special Compensation P&I Clause
Explain SCOPIC clause:
Payable by the shipowner in cases where salvor as minimised or prevented damage to the environment and the value of work is less than value from salvage.
Salvors can activate SCOPIC clause in writing, is supplementary to LOF.
Salvage team starts working but realize they risk losing the vessel (and their pay) they invoke the SCOPIC Clause
Explain no cure no pay:
Salvor is only rewarded upon successfully saving the ship, cargo or environment.
LOF payment policy:
No cure no pay.
Can there be some reward if the salvage is unsuccessful?
FAQ
Yes, if the SCOPIC clause is invoked.
Practical aspects of salvage:
5 duties of master in peril?
Over react on safety & pollution
Consult shipowner IF TIME ALLOWS
Accept most reasonable assistance
Try to obtain LOF
Give salvor all possible assistance