General average bond and guarantee
The document the consignee signs, with an insurer's guarantee or a cash deposit, before receiving cargo after a general average: without it, the shipowner exercises its lien and does not deliver.
A container ship reaches Rotterdam after a fire, the shipowner has declared general average, and consignees learn that they will not collect their containers without formalities. The shipowner has a lien on the cargo for the contribution that will be due, and exercises it. To lift the lien, the consignee signs a general average bond, the average bond, by which it acknowledges its possible debt and agrees that the adjustment will settle the amount. The bond comes with security. Most often it is a general average guarantee issued by the cargo insurer, which stands surety without a cap or up to a fraction of the insured value. Failing that, the consignee deposits in cash a percentage of its goods' value, often between 10% and 25%, in a joint account managed by the adjuster. That mechanism explains why the cargo insurer enters the file very early, sometimes before the insured has understood what is going on. The same mechanism exists for the salvor's reward, who demands security over the salved value before handing back ship and cargo. The insurer signs the guarantee only after checking that the insured is covered for general average, and adds a non-admission clause to reserve its coverage defenses.
USD 800,000 cargo insured under cargo clauses A. The shipowner asks for a 15% cash deposit, or USD 120,000, or an insurer's guarantee. The insurer signs a guarantee, the consignee signs the average bond and takes back its containers within forty-eight hours. Eighteen months later, the adjustment sets its contribution at USD 52,000. The insurer pays it to the shipowner, and the guarantee is released. Without a guarantee, the USD 120,000 would have been tied up all that time.
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