Who will do the calculation of general average apportionment, the principle of general average appor

Total loss (10,000 ship price 7 million Total rescued value (700 + 100 + 70 + 120) 10,000 = 10,000.

50w 1000w = 5% is the apportionment rate, and then multiplied by each value part is shared by different people.

Both terms are arranged by the exporter for transportation, and the freight is paid, but the normal freight is paid, regardless of the additional costs;

Both terms are exported by the exporter and the relevant documents are submitted;

Both terms are free carrier, risk is transfer, and the risk in transit is borne by the buyer;

These two terms belong to the shipping contract, which only guarantees the shipment on time, not when it will arrive.

Differences: ) applies only to sea freight and is port-to-port transportation; It is suitable for all kinds of transportation modes (including container transportation, multimodal transportation, sea, land and air), and belongs to door-to-door transportation;

The risk division is bounded by the ship's side and the free carrier;

The documents submitted are different, they are sea bills of lading, property certificates, which can be transferred and can be **; What is provided is a combined transport document, which is only a certificate for the delivery of goods, which cannot be transferred or transferred;

From the point of view of the development trend, it is possible to replace the trend of .

XXIX. carriage and insurance paid to ....Freight and insurance are paid to the designated destination).

In accordance with this term, the seller submits the goods specified in the contract at the place of shipment and is responsible for arranging transportation, insurance, paying freight and insurance, and managing the whole process. And according to the time specified in the contract, the goods are handed over to the carrier at the agreed place (the first carrier), that is, the delivery task is completed, and the risk is transferred at the same time.

The terms 30 and these two terms are similar, but different.

Similarities: Both terms include freight and insurance, and the seller is responsible for transportation, insurance, export procedures, submission of relevant documents, and timely notification to the buyer after delivery;

The exporter is responsible for the insurance, and the importer bears the risk; The exporter's insurance only covers normal risks, not special risks;

Both terms are contracts of shipment and are only required to be shipped on time, regardless of when they arrive.

Differences: ) only applicable to sea freight, suitable for container transportation or international multimodal transportation, one is port-to-port transportation, and the other is door-to-door transportation.

The risk classification is different, with the side of the ship at the port of shipment as the boundary; Bounded by the free carrier; It is to protect the risk of water transportation; It is a variety of transportation risks.

In the case of a transaction using this term, the transfer of risk is the transfer of goods to the carrier; But the freight is paid to the destination, and the two are separated. (not at a point).

The two terms use different bills of lading, which is a sea bill of lading, which is a certificate of title and can be transferred**; ｃｉ

Legal Analysis: The apportioned value of general average refers to the sum of the value of the property that is gained as a result of the general average measure and the amount of the property that Fengjian has been compensated for the general average loss. It mainly includes the apportioned value of ships, cargo apportioned value, and freight apportioned value.

The following is a brief introduction to the calculation of these three types of apportioned value.

Legal basis: Article 1 of the Interim Rules for the Adjustment of General Average of the China Committee for the Promotion of International Travel Article 1 In the course of maritime transportation, the following special losses and reasonable additional expenses caused by the taking of reasonable measures to relieve the common danger in the event of natural disasters, accidents or other special circumstances for ships and goods shall be classified as general average

1. Reasonable losses of ships and cargo caused by the rescue of ships and cargo.

2. Additional charges for the ship to enter the port of refuge, port charges for the period of additional stay at the port of refuge, and additional charges for the departure of the original cargo afterwards.

3. The wages and provisions of the crew and the costs of fuel and materials consumed by the ship for the extended voyage and the additional stay at the port of refuge as a result of the vessel's voyage to the port of refuge.

1. Basic Definitions

General average sacrifice includes abandonment of cargo, damage to cargo and ship damage caused to extinguish fires on board, loss caused by cutting of damaged property, damage caused by intentional grounding, damage to machinery and boilers, cargo used as fuel, marine materials and materials, damage caused during unloading, etc. General average expenses include salvage remuneration, cost of load shedding of a stranded ship and damage suffered thereby, port of refuge expenses, wages and other expenses paid to crew members at and at the port of refuge, repair costs, replacement costs, disbursement of handling fees and insurance premiums, interest on general average losses, etc.

General average is a special sacrifice or expense that is deliberately and reasonably made to protect a ship or cargo on board from a common danger. The general average loss shall be borne jointly by the ship, the cargo (including different cargo owners). The general average measures taken are referred to as general average acts.

Such acts, such as the introduction of seawater into the cabin, the throwing of the cargo carried into the sea, the automatic grounding, etc., shall not be carried out in the normal course of navigation; However, in the event of a shipwreck, it is lawful to divert seawater into the hold for the purpose of extinguishing the fire, to throw all or part of the cargo into the sea to reduce the load on the ship, or to automatically run aground for the purpose of emergency repairs of the ship. The expenses for dealing with general average losses and adjusting general average due to general average are called general average adjustments. The report prepared for the purpose of dealing with general average costs is called the general average adjustment.

2. How is general average apportioned?

General average shall be apportioned by the beneficiaries in proportion to their respective apportionment value.

The apportioned value of general average of ships, cargo and freight, i) the apportioned value of general average of ships.

It is calculated according to the intact value of the ship at the end of the voyage, minus the amount of loss that is not general average, or according to the actual value of the ship at the end of the voyage, plus the amount of general average sacrifice.

2) The apportioned value of the general average of the goods.

It is calculated according to the value of the goods at the time of loading on board the ship plus insurance and freight, minus the amount of loss that is not general average and the freight at which the carrier bears the risk. If the goods are sold before arriving at the port of destination, the net proceeds shall be calculated according to the amount of ** plus the amount of general average sacrifice.

Passengers' baggage and personal belongings are not subject to general average.

3) Freight apportionment value.

The freight which the carrier bears the risk and is entitled to collect at the end of the voyage is less the operating expenses paid for the completion of the voyage after the general average event has been transferred to the person in order to obtain the freight charge, plus the amount of the general average sacrifice.

1. General average.

General average refers to a legal system in which the special sacrifices and special expenses paid directly caused by intentional and reasonable measures taken for the sake of common safety during the same sea voyage when the ship, cargo and other property encounter common danger, and are apportioned by the beneficiaries in proportion. Only those losses that do belong to general average are apportioned among the parties who benefit, so the establishment of general average should meet certain conditions, that is, the marine danger must be common and real; General average measures must be intentional, reasonable and effective; The loss of general average must be exceptional, abnormal and directly caused by the joint loss measure.

2. The principle of apportionment of general average.

General average apportionment is a fundamental principle in the legal system of general average, which means that the general average sacrifice and expenses should be paid separately by the beneficiaries of the same voyage in proportion to their respective apportionment value.

The premise for the apportionment of general average is that the ship and cargo have not suffered all losses due to the general average measures, that is, the property has been preserved and arrived at the place where the voyage ended. The basic principle is to apportionment in proportion to their respective apportionment value.

3. The apportioned value of general average.

The apportioned value of general average refers to the sum of the value of the property that proceeds as a result of the general average measure and the amount of the property that is compensated for the general average loss. It mainly includes the apportioned value of ships, cargo apportioned value, and freight apportioned value. The following is a brief introduction to the calculation of these three types of apportioned value.

1. Ship apportionment value. The value of the ship's share refers to the value of the ship that can participate in the sharing of the average and the sea average. There are two ways to calculate this apportioned value:

The first is the actual net value of the vessel at the end of the voyage, plus the amount of general average loss; The second calculation method is the place where the ship's voyage ends.

1. General average refers to the special sacrifices and special expenses paid directly by intentional and reasonable measures taken for the sake of common safety when ships, cargo and other property encounter common dangers during the same sea voyage. Losses caused by delay of ships or cargo, whether incurred during or at the end of the voyage, including loss of schedule, loss of market and other consequential losses, shall not be included in general average.

2. In the event that the ship is damaged due to accidents, sacrifices or other special circumstances, in order to safely complete the voyage, the port fees, crew salaries and provisions, the fuel and materials consumed by the ship, and the losses and expenses incurred by unloading, storing, reloading or moving the cargo, fuel, materials and other property on board the ship for repair, in order to safely complete the voyage, enter the port of refuge or refuge or sail back to the port of loading or loading place for necessary repairs, shall be included in the general average.

3. Additional expenses paid in lieu of special expenses that can be classified as general average may be included in general average as substitute expenses; provided, however, that the amount included in the substitution of general average shall not exceed the special cost of the general average being replaced.

4. The party making the claim for general average apportionment shall bear the burden of proof to prove that its losses should be listed in the general average.

5. The general average shall be apportioned by the beneficiaries in proportion to their respective apportioned value. The apportioned value of general average for ships, cargo and freight shall be determined in accordance with the following provisions:

1) The apportioned value of the ship's general average shall be calculated according to the intact value of the ship at the end of the voyage, minus the amount of loss that is not general average, or the actual value of the ship at the end of the voyage, plus the amount of the general average sacrifice.

2) The apportioned value of the general average of the cargo shall be calculated according to the value of the cargo at the time of loading on board the ship plus insurance plus freight, minus the amount of loss that does not belong to general average and the freight at which the carrier bears the risk. If the goods are sold before arriving at the port of destination, the net proceeds shall be calculated according to the amount of ** net gain, plus the amount of general average sacrifice. Passenger's baggage and personal belongings shall not be apportioned to the general average.

3) The apportioned value of freight shall be calculated according to the freight which the carrier bears the risk and is entitled to collect at the end of the voyage, less the operating expenses paid for the completion of the voyage after the occurrence of the general average accident in order to obtain the freight charge, and the amount of the general average sacrifice as described above.