English
This website uses cookies so that we can provide you with the best user experience possible. Cookie information is stored in your browser and performs functions such as recognising you when you return to our website and helping our team to understand which sections of the website you find most interesting and useful.
PRINT
SHARE
FD&D (CLASS 6) / PART II / RULE 8
JOINT ENTRIES
8.1 Joint Members
8.1.1 The Managers may accept an application by the Member as the Senior Member for another person or persons to be added to the entry of a Ship (hereinafter referred to as Joint Members)
Provided always that:
8.1.1.1 unless otherwise agreed in writing by the Managers the Senior Member and all Joint Members shall be jointly and severally liable to pay all Contributions or other sums due to the Association in respect of such entry, and the receipt by any one of such persons of any sums payable by the Association shall be a sufficient discharge of the Association for the same;
8.1.2 In relation to such application under Rule 8.1.1 the Senior Member and each Joint Member warrants that the Joint Member is, in relation to the Entered Ship:
8.1.2.1 interested in its operation, management or manning, or
8.1.2.2 the holding company or the beneficial owner of the Senior Member or any Joint Member falling within Rule 8.1.2.1, or
8.1.2.3 a mortgagee or a financial institution (or its subsidiary or affiliate) leasing the Ship as shipowner to the Senior Member, or
8.1.2.4 the bareboat or demise charterer.
8.1.3 For the purpose of this Rule 8.1, the liability of the Senior Member and all Joint Members to each other shall not be excluded nor be discharged by reason of co-assurance and any payment to the Senior Member or one of the Joint Members in respect of any liabilities, losses, costs and expenses shall operate only as satisfaction but not exclusion or discharge of the liability of the Senior Member and the Joint Members to each other.
8.2 Disclosure
Failure by the Senior Member or any Joint Member to disclose material information within the knowledge of the Senior Member or the Joint Member shall be deemed to have been failure of the Senior Member and all the Joint Members.
8.3 Conduct
Conduct of the Senior Member or any Joint Member which would have entitled the Association to decline to indemnify the Senior Member or the Joint Member shall be deemed the conduct of the Senior Member and all the Joint Members.
8.4 Extent of cover
The Association shall not insure any Joint Member against any liabilities, costs or expenses which arise other than out of operations and/or activities customarily carried on by or at the risk and responsibility of shipowners (or the case of a charterer’s entry, a charterer) and which are within the scope of the cover afforded by these Rules and the Certificate of Entry.
8.5 Limits of cover
Where any Ship is entered in the names of or on behalf of Joint Members, any limits on the cover provided by the Association and set out in these Rules or the Certificate of Entry shall apply to all Joint Members in the aggregate as if the Ship had been entered by the Senior Member only.
8.6 Communications
Unless the Managers have otherwise agreed in writing, all communication from or on behalf of the Association to the Senior Member or any Joint Member shall be deemed to be within the knowledge of the Senior Member and all Joint Members and any communication from the Senior Member or any Joint Member to the Association or to the Managers shall be deemed to have been made with the full approval and authority of the Senior Member and all the Joint Members.
8.7 PROVIDED ALWAYS THAT:
There shall be no recovery in respect of any liabilities, costs or expenses which arise as the result of a claim brought between any of the Joint Members or with the Senior Member.