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ADDITIONAL INSURANCES / PART IV / Clause 11
BYELAWS
11.1 Byelaws
The Association shall have power to pass byelaws ordering and prescribing the conditions and/or the form of contracts of carriage generally, or for use in any particular trade, or for any particular port or place.
11.2 Recommendations
The Association may also recommend the use of any particular form of contract of carriage in any particular trade. Assureds whose Ships are engaged in such trades shall endeavour to use the appropriate form of contract of carriage when the circumstances of the fixture or engagement of such Ships permit.
11.3 Notice
Notice shall be sent by the Managers to all Assureds upon the passing of any such byelaw or issue of such recommendation. The byelaws or recommendation shall come into operation on the date stated in the notice and shall thereupon be assumed to be incorporated in the Certificate of Insurance and shall be included in, or with, every copy of these Additional Insurances Terms & Conditions issued by the Association as soon as may be conveniently possible. If the Assured shall commit a breach of such byelaw the Association may reject or reduce any claim made by the Assured to the extent to which it would not have arisen if the Assured had complied with the byelaw and the burden of proving in each case that the claim (or portion thereof) could not have been avoided by such a compliance shall be on the Assured. The Association may further impose such terms upon the Assured as it may think fit as a condition of the continuance of the insurance of the Assured’s Ship or Ships.