Lloyd`s Open Form Salvage Contract: An Overview
Lloyd`s Open Form (LOF) is a salvage contract used in the marine industry. It is a standardized contract that outlines the legal and commercial terms of a salvage operation between the salvor (the party responsible for rescuing a vessel or cargo in distress) and the owner of the vessel or cargo. It is an agreement that enables salvors to take prompt and effective action to prevent or minimize damage or loss.
The LOF contract was first introduced by Lloyd`s of London in 1909, and since then, it has become the preferred contract for marine salvage operations worldwide. The contract is unique in that it is an open-ended agreement that allows the parties to negotiate the terms of the compensation after the completion of the salvage operation.
Under the LOF contract, the salvor can receive a percentage of the salved value, which is the value of the property that has been saved or preserved from the salvage operation. The salved value is determined by an independent surveyor who assesses the value of the property before and after the salvage operation. The salvor is entitled to a percentage of the difference between the two values, known as the salvage award.
One of the significant benefits of the LOF contract is that it provides the salvor with a right to a salvage award even if the salvage operation is unsuccessful. This incentive is essential in encouraging salvors to take on high-risk operations that may have a less than successful outcome.
The LOF contract also provides for the protection of the salvor`s interests, which means that the owner of the property being salvaged cannot interfere with the salvor`s efforts or take over the salvage operation without the salvor`s consent. The contract also includes a clause that protects the salvor from any liability for damages that may result from the salvage operation.
In conclusion, the Lloyd`s Open Form Salvage Contract is a critical tool for the marine industry, as it provides the parties involved in a salvage operation with a standardized agreement that ensures a fair and equitable compensation for the salvor. The open-ended nature of the contract allows for flexibility and negotiation, which is essential in dealing with the unpredictable nature of marine salvage operations. As such, it is beneficial for all parties to consider implementing this contract in their salvage operations.