WARRANTIES, CLASSIFICATION AND STATUTORY REQUIREMENTS
Unless otherwise agreed in writing between the Member and Managers the following shall apply to every entry of every ship,
- it is warranted that every entered ship and its cargo shall, at all times, be properly documented and shall not carry false papers,
- it is warranted that if a ship is entered in the Association on the basis that she is registered in a particular country and sails under a particular flag and/or management, she shall remain continuously so registered in that country and continuously sail under that flag and/or management, unless the Managers have given their prior written consent to the contrary,
- it is warranted that every entered ship is and shall remain throughout the period of entry fully classed with a Classification Society approved by the Managers, and that any change of Classification Society shall forthwith be notified to the Managers in writing; it is further warranted that every ship entered shall at all material times be crewed or manned in accordance with the laws, regulations and directions applying to that ship by virtue of its registry or flag and shall comply with laws, regulations or decrees relating to crewing or manning in each port which such ship visits, whether or not in the course of its employment,
- unless the Managers in their discretion waive compliance for such period and on such terms as in their discretion they think fit, the Member shall fully and timeously comply with all rules, recommendations and requirements of the Classification Society and will promptly report to the Classification Society and to the Managers any incident or condition in connection with the entered ship,
- that might result in the Classification Society making recommendations for repair or some other action; or
- that according to the rules of the Classification Society, should have been reported to it.
The Member irrevocably authorises the Managers to inspect and copy information relating to the maintenance of Class either in the Member’s possession or in the possession of any Classification Society with which the ship is or has at any time been classed and will at the request of the Managers confirm in writing that the Managers are entitled to inspect and copy such records of the Classification Society for whatever purpose the Managers deem necessary,
- it is warranted that during the period of entry an entered ship shall be classed and maintained in class without any extensions or postponements from the Classification Society of their survey dates. It is further warranted that any recommendations by the Classification Society in relation to an entered ship will be complied with immediately they are notified to the Member and not during any period of grace that the Classification Society may allow,
- it is warranted that the Member will at all times comply with all statutory requirements of the State of the ship’s flag relating to the construction, adaptation, condition, fitment, equipment, crewing and documentation of the entered ship and will likewise maintain the validity of such statutory certificates as are issued by or on behalf of the State of the ship’s flag in relation to such requirements.
- it is warranted the the Member will at all times comply with the requirements of the International Convention for the Safety of Life at Sea (SOLAS) 1974, and any revisions or amendments thereof; the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers (STCW) 1978, as amended, including the 1995 and 2010 Manila Amendments, and any revisions or amendments thereof; the International Convention on Standards of Training, Certification and Watchkeeping for Fishing Personnel 1995, and any revision or amendment thereof; and any other Conventions, Codes of Practice and Regulations as may from time to time be adopted by the Members of the International Maritime Organisation and which shall have entered into force.
The Directors may, in their discretion, waive a defence of breach of warranty if, in their opinion, the breach of warranty concerned did not cause the claim concerned.