NEW BOTH TO BLAME COLLISION CLAUSE Clause Samples

The New Both to Blame Collision Clause allocates liability between shipowners when two vessels are both at fault in a collision, and cargo interests make claims against one of the ships. In practice, this clause ensures that if cargo owners recover damages from a non-carrying vessel, the carrying vessel's owner must indemnify the other shipowner for the portion of damages attributable to their own fault. This clause is essential for preventing double recovery by cargo interests and fairly distributing liability between shipowners in cases of shared fault.
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NEW BOTH TO BLAME COLLISION CLAUSE. If the liability for any collision in which the vessel is involved while performing this Contract, to be determined in accordance with the laws of the United States of America, the following Clause shall apply: “If the ship comes into collision with another ship as a result of the negligence of the other ship and any act, neglect or default of the Master, Mariner, Pilot or the Servants of the Carriers in the navigation or in the management of the ship, the Owners of the goods carried hereunder will indemnify the carrier against all loss or liability to the other or non-carrying ship or her Owners in so far as such loss or liability represents loss of or damage to or any claim whatsoever of the Owners of the said goods, paid or payable by the other or non-carrying ship or her Owners to the Owners of the said goods and set off, recouped or recovered by the other or non-carrying ship or her Owners as part of their claim against the carrying ship or carrier. The foregoing provisions shall also apply where the Owners, operators or those in charge of any ship or ships or objects other than, or in addition to, the colliding ships or objects are at fault in respect to a collision or contract.” and the Charterers shall procure that all Bills of Lading issued under this Charter Party shall contain the same clause. General Average shall be adjusted according to the York / Antwerp Rules, 1994, but where the adjustment is made in accordance with the law and practice of the Unites States of America, the following clause shall apply: “In the event of accident, danger, damage or disaster before or after the commencement of the voyage, resulting from any cause whatsoever, whether due to negligence or not, for which, or for the consequence of which, the carrier is not responsible, by statute, contract or otherwise, the goods, shippers, consignees or owners of the goods shall contribute with the carrier in general average to the payment of any sacrifices, losses or expenses of a general average nature that may be made or incurred and shall pay salvage and special charges incurred in respect of the goods. If a salving ship is owned or operated by the carrier, salvage shall be paid for as fully as if the said salving ship or ships belonged to strangers. Such deposit as the carrier or his agents may deem sufficient to cover the estimated contribution of the goods and any salvage and special charges thereon shall, if required, be made by the goods, shippers, consignees or owners...
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NEW BOTH TO BLAME COLLISION CLAUSE. If the liability for any collision in which the vessel is involved while performing this Charter Party fails to be determined in accordance with the laws of the United States of America, the following Clause shall apply:-
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