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本海洋货物运输保险项下之保险费率只针对具有机械自航能力的钢结构船舶所运载的投保货物或利益。本保险使用的船舶需经下列船级社定级。
英国劳合社 100 A1 或 B.S
美国船舶局 + A1
Bureau Veritus 1 3/3E+
德国劳依德船级社 +100 A4
韩国船级社 +KRS1
日本船级社 NS*
挪威船级社 +1A1
意大利船级社 100A1.1. Nav. L
俄罗斯船级社 KM
波兰船级社 *KM
中国船级社 ZC
提供的船舶系
a). (i) 非大宗大量的或超过计划10年的组合运载工具
(ii) 不超过50,000GRT的不超过10年船龄的矿产油轮
b). (i) 不超过15年的船舶或
(ii)超过15年但不超过25年的和已经建立并保持定期向客户公告航行计划的在指定港装卸的船舶
包租船舶合1000GRT以下的, 被上述船级社定级的具有机械自航能力的钢结构船舶和不超过上述规定年限的船舶
保险协会船级条款的要求不适用于在港口范围内用于装卸的任何小艇, 木筏和驳船
如投保货物或利益使用事由不在上述范围内的具有机械自航能力的船舶运载时,被保险人仍可以投保,但保险费和条款需另行和保险人制定。
INSTITUTE CLASSIFICATION CLAUSE
The marine transit rates agreed for this insurance apply only to cargoes and/or interests carried by mechanically self-propelled vessels of steel construction classed as below by one of the following classification societies.
Class without any modification:
Lloyd's Register .. 100 A1 or B.S.
American Bureau
of Shipping .. + A1
Bureau Veritas .. .. 1 3/3 E D
Germanischer Lloyd .+ 100 A4
Korean Register
of Shipping .. + KRS1 } Class without any modification
Nippon Kaiji Kyokai NS*
Norske Veritas .. .. +1A1
Registro Italiano .. 100A 1.1. Nav.L
Register of Shipping of
the U.S.S.R. .. .KM
Polish Register of
Shipping .. .. * KM
PROVIDED SUCH VESSELS ARE
a) (i) not bulk and/or combination carriers over 10 years of age.
(ii) not mineral oil tankers exceeding 50,000 GRT which are over 10 years of age.
b) (i) not over 15 years of age, OR
(ii) over 15 years of age but not over 25 years of age and have established and
maintained a regular pattern of trading on an advertised schedule to load and
unload at specified ports
Chartered vessels and also vessels under 1000 G.R.T which are mechanically self-propelled and of steel construction must be classed as above and not oner the age limitations specified above.
The requirements of the institute classification clause do not apply to any craft raft or lighter used to load or unload the vessel whilst they are within the port area.
Cargoes and/or interests carried by mechanincally self-propelled vessels not fallingwithin the scope of the above are held covered subject to a premium and on conditions to be agreed.
CL. 354 sold by withby & Co., Ltd LONDON
如保险设备的单个或多个部件发生保险单责任范围内的损失, 保险人的赔偿责任仅限于保险设备的单个或多个部件的重置或修理费用附加可能发生的运输和重新安装费用。另外, 除非保险金额是保险货物的完税价, 否则保险人不负责关税的赔偿责任, 但由于保险货物损失而产生的额外关税, 保险人负责赔偿。
无论何种情况, 在本条款下保险人的赔偿责任不超过保险设备的保险价值。
In the event of loss of or damage to any part or parts of an insured machine caused by a peril covered by the Policy the sum recoverable shall not exceed the cost of replacement or repair of such part of parts plus charges for forwarding and refitting, if incurred, but excluding duty unless the full duty is included in the amount insured, in which case loss, if any, sustained by payment of additional duty shall also be recoverable.
Provided always that in no case shall the liability of Underwriters exceed the insured value of the complete machine.
本条款应是最重要的并且高于其他一切情况的,包括任何在与本保险中不一致的地方:
1、本保险不能保障由下列几种货损责任或由此所造成的直接的或间接的费用或给予补偿。
1.1 产生辐射的污染或受到任何核燃料, 核废料或燃烧的核废料的辐射污染所致的损失。
1.2 放射性,有毒的爆炸物或其他危险的财产,任何核装置,核反应堆及其核组件或元件的财产污染所致的损失。
1.3 战争中使用的任何原子,核裂变或熔解及其类似反应的辐射力和物质等所有武器或装置所致的污染所致的损失。
1.4 放射性,有毒的爆炸物或其他危险的财产,任何放射性污染财产所致的损失。但是,除核燃料以外的放射性同位素被用于商业、农业、医学、科研或其他类似的和平用途时,本条除外条款不适用。
INSTITUTE EXTENDED RADIOACTIVE CONTAMINATION EXCLUSION CLAUSE
This clause shall be paramount and shall override anything contained in this insurance inconsistent therewith
1. In no case shall this insurance cover loss damage liability or expense directly or indirectly caused by or contributed to by or arising from
1.1 ionising radiations from or contamination by radioactivity from any nuclear fuel or from any nuclear waste or from the combustion of nuclear fuel
1.2 the radioactive, toxic, explosive or other hazardous or contaminating properties of any nuclear installation, reactor or other nuclear assembly or nuclear component thereof
1.3 any weapon or device employing atomic or nuclear fission and/or fusion or other like reaction or radioactive force or matter
1.4 the radioactive, toxic, explosive or other hazardous or contaminating properties of any radioactive matter. The exclusion in this sub-clause does not extend to radioactive isotopes, other than nuclear fuel, when such isotopes are being prepared, carried, stored, or used for commercial, agricultural, medical, scientific or other similar peaceful purposes.
协会化学武器、生物武器、生化武器、电磁武器及计算机攻击除外条款
本条款应是最重要的并且高于其他一切情况的,包括任何在与本保险中不一致的地方:
本保险不能保障由下列几种货损责任或由此所造成的直接的或间接的费用或给予补偿:
1、由于使用任何化学武器、生物武器、生化武器或电磁武器;
2、以造成损害为目的的使用、操作任何计算机、计算机系统、计算机软件、计算机病毒或程序或其它电子系统。
This clause shall be paramount and shall override anything contained in this insurance inconsistent therewith
In no case shall this insurance cover loss damage liability or expense directly or indirectly caused by or contributed to by or arising from
1.1 any chemical, biological, bio-chemical or electromagnetic weapon
1.2 the use or operation, as a means for inflicting harm, of any computer, computer system, computer software programme, computer virus or process or any other electronic system.
本条款应被视为首要条款,并且其效力高于本保险中任何与其不一致的内容。
尽管本运输中止条款可能与本保单或本保单条款中所包含的内容相抵触,双方同意,本保单项下的被保货物因任何恐怖分子或任何人出于政治动机之行为造成损失,保险人承担保险责任应以该被保货物处于正常运输过程为前提条件,并且无论如何保险责任应当在发生下列情形之一时终止:
根据保单中运输条款的约定,或于交付予本保单所载目的地收货人所属或其他最终之仓库或存储处所时,于交付予本保单所载目的地时或其之前途中之任何其他仓库或储存处所而由被保险人用为正常运送过程以外之储存,或货物之分配或分发,或对于海洋运输,被保货物自货轮于最终卸货港卸载完毕之日起届满60天,对于航空运输,被保货物自飞机于最终卸货机场卸货完毕之日起届满30天,以上三种终止情形以孰先发生者为准。
若所指保单或条款明确约定承保自上述储存处所或目的地出发的内陆运输或其他后续运输,则上述保险将重新生效,并在正常运输过程中持续有效,且将根据第1条所述情形再次终止。
本条款以英国法律及惯例为依据。
保险人有权提前14天取消以上恐怖行为保障。
TERMINATION OF TRANSIT CLAUSE (TERRORISM)
This clause shall be paramount and shall override anything contained in this insurance inconsistent therewith.
1 Withstanding any provision to the contrary contained in this Policy or the Clauses referred to therein, it is agreed that in so far as this Policy covers loss of or damage to the subject-matter insured caused by any terrorist or any person acting from a political motive, such cover is conditional upon the subject-matter insured being in the ordinary course of transit and, in any event, SHALL TERMINATE: either
1.1 As per the transit clauses contained within the Policy, or
1.2 on delivery to the Consignee’s or other final warehouse or place of storage at the destination named herein,
1.3 on delivery to any other warehouse or place of storage, whether prior to or at the destination named herein, which the Assured elect to use either for storage other than in the ordinary course of transit or for allocation or distribution, or
1.4 in respect of marine transits, on the expiry of 60 days after completion of discharge overside of the goods hereby insured from the oversea vessel at the final port of discharge,
1.5 in respect of air transits, on the expiry of 30 days after unloading the subject-matter insured from the aircraft at the final place of discharge,
whichever shall first occur.
2 If this Policy or the Clauses referred to therein specifically provide cover for inland or other further transits following on from storage, or termination as provided for above, cover will re-attach, and continues during the ordinary course of that transit terminating again in accordance with clause 1 .
3 This clause is subject to English law and practice.
Terrorism cover subject to 14 day’s cancellation at any time.
协会散装油条款
承保危险
1 本保险承保下列危险,但以下第4、5、6、7条除外
保险标的物的毁损或污染合理归因于:
1.1火灾或爆炸
1.2船舶或驳船搁浅、触礁、沉没或倾覆
1.3船舶、驳船或运输工具与除水以外的任何外界物体碰撞或接触
1.4在遇难港卸货
1.5地震、火山爆发或闪电
1.6由于下列原因所致使保险标的物的毁损或污染
1.6.1共同海损牺牲
1.6.2投弃
1.6.3在装货、转运或卸货过程中从连接管道的渗漏
1.6.4船长或船员在抽吸货物、压舱沙袋或燃油方面的疏忽
1.6.5由于天气影响所致使保险标的物的污染
2 本保险承保因避免保险事故所致损失的共同海损及救助费用,但以下第4、5、6及7条及其它除外事项则不包括在内,关于其理算及认定应依据运送契约及适用的法律与惯例。
3 本保险另对被保险人在运送契约内“双方过失碰撞条款”所负的责任,按照保单应付的比例额予以赔偿,倘船舶所有人依据该条款要求赔偿时,被保险人应即通知保险人,后者得自费为被保险人就该赔偿要求提出抗辩。
除外事项
4 本保险无论如何不承保下列事宜:
4.1因被保险人的故意不当行为所致之损失或费用。
4.2保险标的物之正常漏损、重量或容量的正常减少或自然耗损。
4.3因保险标的物之固有瑕疵或本质所致使的毁损、灭失或费用。
4.4直接因迟延所致使的毁损、灭失或费用,即使此项迟延是因承保危险所致使。(但上述第2条可支付的费用则不在此限)。
4.5因船舶所有人、经理人、租船人或营运人的无力偿债或财务失信所引起的毁损、灭失或费用。
4.6因使用核子分裂、融合、其他类似反应或放射能一放射性物质之武器所致使的毁损、灭失或费用。
5.1 本保险无论如何不承保下列事项所致使的毁损、灭失或费用:船舶或驳船不适合安全航行。
船舶、驳船、运输工具、货柜或货箱不适合保险标的物安全装运。
但上述不适航、不适运以被保险人或其受雇人在保险标的物装船时已知情为限。
5.2 保险人放弃违反船舶适航及适运保险标的物至目的地的任何默许的保证,但被保险人或其授雇人对于此项不适航或不适运已知情者不在此限。
6. 本保险无论如何不承保下列事项所致使的毁损、灭失或费用
6.1 战争、内战、革命、叛乱、颠覆或因而引起的内乱,或来自/对抗交战国的敌对行为。
6.2 捕获、扣押、拘捕、监禁或拘留(海盗除外)和此种行为引起的后果或进行此种行为的企图。
6.3 遗弃的水雷、鱼雷、炸弹或其他武器
7. 本保险无论如何不承保下列事项所致使的毁损、灭失或费用
7.1 由于罢工工人、停工工人、或参与劳工骚扰、暴动或内乱的人所致者。
7.2 由于罢工、停工、劳工骚扰、暴动或内乱所致者。
7.3 由于任何恐布份子或因政治动机的行为所致者。
保险期间
8. 8.1 本保险责任始于保险标的物在载明的地点为装船而离开油罐开始运送之时,在通常运送过程中连续并终止于
8.1.1 保险标的物进入油罐卸到所载明的目的地的储存处所或屯船,
或
8.1.2 船舶抵达载明的目的地后满30天,以最先发生的为准。
8.2 如被保险货物于最终卸货港卸下完毕后,而本保险尚水终止时,欲再运往本保险单所载明以外的其他目的地时,除非保险人立即接获通知,并另行同意继续承保,若不,那本保险的效力,除仍受前述保险终止约定的限制,应于该货物开始再运往其他目的地时终止。
8.3 若保险人立即接获通知并于必要时加收保险费,本保险对于非由被保险人所能控制的迟延、偏航、被迫卸货、重运或转船,以及其他在航程中非由被保险人所能控制的危险变更的期间内继续有效(但仍受上述第8.1及8.2条终止约定,及以下第9条的限制)
9. 在被保险人无法控制的情况下,运送契约在原订目的港以外的港口或地点终止,或因其他缘故在货物未能如前述第8条的约定交货前,该运送已告终止时, 则本保险亦同时终止,除非保险人立即接获通知并要求继续保险效力,并于必要时回收保险费,则本保险仍然有效,并于下述的其一情况下为止。
9.1 货物已在该港或该地出售并交付,又如无其他特别的约定,则以被保险货物到达该港或该地届满30天,二者以最先发生的情况为准。
9.2 如货物在上述30天内(或任何协议处长的期间内)运往本保险所订的目的地或其他目的地时,本保险的效力依上述第3条的约定终止。
本保险生效后,如被保险人变更目的地,应立即通知保险人,使本保险继续有效,但须另行恰定保险费和条件。
理 赔
11.1 被保险人在损害发生时,须对被保险标的物具有保险利益,始能要求保险赔偿。
11.2 依上述11.1的约定,被保险人对保险期间内所发生被保物的损失,有权利要求赔偿,即使损失发生于保险契约签订之前,但被保险人知道损害已经发生而保险人不知情,则不在此限。
由于本保险所承保危险的发生,致使被保险运输在本保单所载明以外的港口或地点终止时,被保险 因卸货、储存及转运保险标的物至保险单所载明目的地,其所支出的适当而合理的一切额外费用,保险人同意予以裣。
本条款不适用于共同海损或救助费用,除仍须受上述第4、5、6及7条除外约定的限制外,并且不包括因被保险人或其受雇人的过失、疏忽、无力清偿或债务失信所引起的费用。
13. 除非保险标的物的实际全损显已无法避免,或其回复、整修及运还原承保目的地的费用,势将超过其抵达后的价值,被保险人不得以推定全损请求赔偿。
14. 14.1 若被保险人对本保险的货物投保增加保险价值时,该货物的协议价值应视同承保货物保险总价值与增加保险价值之和,而本保险之责任则按其保险金额占上述保险总金额之比例分担。索赔时被保险人须向保险人提出所有其他保险有在保险金额的证明。
14.2 本保险为增值保险时,必须适用下列条款:
被保险人投保同一损害危险的增值保险,该货物的协议价值应视为原保险与全部增值保险二者金额的总和,而本保险的责任则按其保险金额占上述保险总金额的比例分担。索赔时被保险人须向保险提出所有其他保险有关保险金额的证明。
15. 根据本保险可获赔偿的渗漏或缺少的索赔,应按下述规定理算:
15.1 赔偿额为,将离开油罐装船的总的油的容积与运送结束时卸到油罐中的总的油的容积相比较,所损失的油的窖的那部分保险价值,但如果买卖合同是其于重量而非容积,则应以重量为基础确定赔偿额。
本条款中的“总容积”是指不扣除沉积物和水份以及游离水份的总容积,除非被保险人人能证明由于本保险承保的风险作用的结果,在被保运送过程中,水份已异常增加。
15.2 在根据上述第15.1 条计算时,应进行调整,以尽量减少温度变化引起的容积变化和在确定重量时由于使用不一致的程序引起的重量的明显变化。
15.3 如果本保险规定渗漏或缺少的索赔须超过一定的额度,该额度应包括重量或容积的通常损失,但不包括温度变化或扣除水份引起的损失。如果没有此种规定,根据上述15.1 及15.2 条可得到的赔偿额须受前述第4.2 条除外的通常损失的限制。
保险的利益
16. 运送人或其他受托人不得妄用本保险的利益。
损失的减轻
17 被保险人及其受雇人及代理人对保险的可赔损失,应尽下列义务:
17.1应采取避免或减轻上述损失的适当措施。
17.2一切对抗运送人一受托人或其他第三者的权利应予适当保留及行使。保险人同意除本保险可得的任何损失赔偿外,对于被保险人为履行上述义务所作适当、合理支出的一切费用另予补偿。
17.3被保险人或保险人为救助、保护或回复保险标的物所采取的措施,不得视为对委付的放弃,或为损害任何一方当事人的权益。
迟延之避免
18 被保险人在其所能控制的一切情况下应作合理而迅速的处理,此为本保险的必要条件。
法律及惯例
19 本保险以英国法律及惯例为依据。
注意:当被保险人知悉本保险为“暂予投保”的情况发生时,应立即通知保险人。而此保险的权利,则依据被保险人对上述通知义务的履行。
INSTITUTE BULK OIL CLAUSES(FOR USE ONLY WITH THE NEW MARINE POLICY FORM)
RISRS COVERED
1 This insurance covers, except as provided in clauses 4,5,6 and 7 below,
1.1 loss of or contamination of the subjected-matter insured reasonably attributable to
1.1.1 fire of explosion
1.1.2 vessel or craft being stranded grounded sunk or capsized
1.1.3 collision or contact of vessel or craft with any external object other than water
1.1.4 discharge of cargo at a port or place of distress
1.1.5 earthquake volcanic eruption or lightning,
1.2 loss of or contamination of the subjected-matter insured caused by
1.2.1 general average sacrifice
1.2.2 jettison
1.2.3 leakage from connecting pipelines in loading transhipment or discharge
1.2.4 negligence of Master Officers or Crew in pumping cargo ballast or fuel,
1.3 contamination of the subject-matter insured resulting from stress of weather.
2 This insurance covers general average and salvage charges, adjusted or determined according to the contract of affreightment and/or the governing law and practice, incurred to avoid or in connection with the avoidance of loss from any cause except those excluded in Clauses 4,5,6 and 7 or elsewhere in this insurance.
3 This insurance is extended to indemnify, the Assured against such Proportion of liability under the contract of affreightment "Both to Blame Collision" Clause as is in respect of a loss recoverable hereunder. In the event of any claim by shipowners under the said Clause the Assured agree to notify the Underwriters who shall have the right, at their own cost and expense, to defend the Assured against such claim.
EXCLUSIONS
4 In no case shall this insurance cover
4.1 loss damage or expense attributable to wilful misconduct of the Assured
42 ordinary leakage, ordinary loss in weight or volume, or ordinary wear and tear of the subject-matter insured
4.3 loss damage or expense caused by inherent vice or nature of the subject-matter insured
4.4 loss damage or expense proximately caused by delay, even though the delay be caused by a risk insured against (expect expenses payable under Clause 2 above)
4.5 loss damage or expense arising from insolvency or financial default of the owners managers charterers or operators of the vessel
4.6 loss damage or expense arising from the use of any weapon of war employing at atomic or nuclear fission and/or fusion or other like reaction or radioactive force or matter.
5 5.1 In no case shall this insurance cover loss damage or expense arisin unseaworthiness of vessel craft,unfitness of vessel craft or conveyance for the safe carriage of the subject-matter insured,where the Assured or their servants are privy to such unseaworthiness or unfitness, at the time the subject-mater insured is loaded therein.
5.2 The Underwriters waive any breach of the implied warranties of seaworthiness of the ship and fitness of the ship to carry the subject-matter insured to destination, unless the Assured or their servants are privy to such unseaworthiness or unfitness.
6 In no case shall this insurance cover loss damage or expense caused by
6.1 war civil war revolution rebellion insurrection, or civil strife arising therefrom, or any hostile act by or against a belligerent power
6.2 capture seizure arrest restraint or detainment (piracy excepted), and the consequences thereof or any attempt thereat
6.3 derelict mines torpedoes bombs or other derelict weapons of war.
7 In no case shall this insurance cover loss damage or expense
7.1 caused by strikers, locked-out workmen, or persons taking part in labour disturbances, riots or civil commotions
7.2 resulting from strikes, lock-outs, labour disturbances, riots or civil commotions
7.3 caused by any terrorist or any person acting from a political motive.
DURATION
8 8.1 This insurance attaches as the subject-matter insured leaves tanks for the purpose of loading at the place named herein for the commencement of the transit, continues during the ordinary course of transit and terminates either
8.1.1 as the subject-matter insured enters tanks on discharge to place of storage or to storage vessel at the destination named herein, or
8.1.2 on the expiry of 30 days after the date of arrival of the vessel at the destination named herein, whichever shall first occur.
8.2 If after discharge from the oversea vessel into craft at the final port or place of discharge, but prior to the termination of this insurance under 8.1 above , the subject-matter insured or any part thereof is to be forwarded to a destination other than that to which it is insured hereunder, the insurance on the subject-matter insured or such part thereof shall not extend beyond the commencement of transit to such other destination, unless otherwise agreed by the Underwriters upon receipt of prompt notice from the Assured.
8.3 Subject to prompt notice being given to the Underwriters and to an additional premium if required by them, this insurance shall remain in force (until terminated under 8.1 or 8.2 above and subject to the to the provisions of Clause 9 below) during delay beyond the control of the Assured, any deviation, forced discharge, reshipment or transhipment and during any other variation of the adventure provided such other variation is beyond the control of the Assured.
9 If owing to circumstances beyond the control of the Assured either the contract of carriage is terminated at a port or place other than the destination named therein or the transit is terminated otherwise than as provided in Clause 8 above, then this insurance shall also terminate unless prompt notice is given to the Underwriters and continuation of cover is requested when the insurance shall remain in force, subject to an additional premium if required by the Underwriters, either
9.1 until the goods we sold and delivered at such port or place, or unless otherwise specially agreed, until the expiry of 30 days after arrival of the goods hereby insured at such port or place, whichever shall first occur,or
9.2 if the goods are forwarded within the said period of 30 days (or any agreed extension thereof) to the destination named herein or to any other destination, until terminated in accordance with the provisions of Clause 8 above.
10. Where, after attachment of this insurance, the destination is changed by the Assured, held covered at a premium and on conditions to be arranged subject to prompt notice being given to the Underwriters.
CLAIMS
11. 11.1 In order to recover under this insurance the Assured must have an insurable interest in the subject-matter insured at the time of the loss.
11.2 Subject to 11.1 above, the Assured shall be entitled to recover for insured loss occuring during the period covered by this insurance , notwithstanding that the loss occurred before the contract of insurance was concluded, unless the Assured were aware of the loss and the Underwriters were not.
12 Where, as a result of the operation of a risk covered by this insurance, the insured transit is terminated at a pat or place other than that to which the subject-matter is covered under this insurance, the Underwriters will reimburse the Assured for any extra charges properly and reasonably incurred in unloading storing and forwarding the subject-matter to the destination to which it is insured hereunder.
This Clause 12, which does not apply to general average or salvage charges, shall be subject to the exclusions contained in Clause 4, 5, 6 and 7 above, and shall not include charges raising from the fault negligence insolvency or financial default of the Assured or their servants.
13 No claim for Constructive Total Loss shall be recoverable hereunder unless the subject-matter insured is reasonably abandoned either on account of its actual total loss appearing to be unavoidable or because the cost of recovering, reconditioning and forwarding the subject-matter to the destination to which it is insured would exceed its value on arrival.
14 14.1 If any Increased Value Insurance is effected by the Assured on the cargo insured herein the agreed value of the cargo shall be deemed to be increased to the total amount insured under this insurance and all Increased Value Insurance covering the loss, the liability under this insurance shall be in such proportion as the sum insured herein bears to such total amount insured.
In the event of claim the Assured shall provide the Underwriters with evidence of the amounts insured under all other insurances.
14.2 Where this insurance is on Increased Value the following clause shall apply:
The agreed value of the cargo shall be deemed to be equal to the total amount insured under the primary insurance and all Increased Value insurances covering the loss and effected on the cargo by the Assured, and liability under this insurance shall be in such proportion as the sum insured herein bears to such total amount insured.
In the event of claim the Assured shall provide the Underwriters with evidence of the amounts insured under all other insurances.
INSTITUTE WAR CLAUSES ( CARGO )
RISKS COVERED
Risks Clause
1. This insurance covers, except as provided in Clauses 3 and 4 below, loss of or damage to the subject-matter insured caused by
1.1 war civil war revolution rebellion insurrection, or civil strife arising therefrom, or any hostile act by or against a belligerent power
1.2 capture seizure arrest restraint or detainment, arising from risks covered under 1.1 above, and the consequences thereof or any attempt thereat
1.3 derelict mines torpedoes bombs or other derelict weapons of war.
General Average Clause
2. This insurance covers general average and salvages, adjusted or determined according to the contract of affreightment and / or the governing law and practice, incurred to avoid or in connection with the avoidance of loss from a risk covered under these clauses.
EXCLUSIONS
General Exclusions Clause
3. In no case shall this insurance cover
3.1 loss damage or expense attributable to wilful misconduct of the Assured
3.2 ordinary leakage, ordinary loss in weight or volume, or ordinary wear and tear of the subject-matter insured
3.3 loss damage or expense caused by insufficiency or unsuitability of packing or preparation of the subject-matter insured ( for the purpose of this Clause 3.3 “packing” shall be deemed to include stowage in a container or liftvan but only when such stowage is carried out prior to attachment of this insurance or by the Assured or their servants )
3.4 loss damage or expense caused by inherent vice or nature of the subject-matter insured
3.5 loss damage or expense proximately caused by delay, even though the delay be caused by a risk insured against ( except expenses payable under Clause 2 above )
3.6 loss damage or expense arising from insolvency or financial default of the owners managers charterers or operators of the vessel
3.7 any claim based upon loss of or frustration of the voyage or adventure
3.8 loss damage or expense arising from any hostile use of any weapon of war employing atomic or nuclear fission and / or fusion or other like reaction or radioactive force or matter.
Unseaworthiness and Unfitness Exclusion Clause
4 4.1 In no case shall this insurance cover loss damage or expense arising from
unseaworthiness of vessel or craft,
unfitness of vessel craft conveyance container or liftvan for the safe carriage of the subject-matter insured,
where the Assured or their servants are privy to such unseaworthiness or unfitness, at the time the subject-matter insured is loaded therein.
4.2 The Underwriters waive any breach of the implied warranties of seaworthiness of the ship and fitness of the ship to carry the subject-matter insured to destination, unless the Assured or their servants are privy to such unseaworthiness or unfitness.
DURATION
Transit Clause
5 5.1 This insurance
5.1.1 attaches only as the subject-matter insured and as to any part as that part is loaded on an oversea vessel and
5.1.2 terminates, subject to 5.2 and 5.3 below, either as subject-matter insured and as to any part as that part is discharged from an oversea vessel at the final port or discharge, or
on expiry of 15 days counting form midnight of the day of arrival of the vessel at the final port or place of discharge,
whichever shall first occur;
nevertheless,
subject to prompt notice to the Underwriters and to an additional premium, such insurance
5.1.3 reattaches when, without having discharged the subject-matter insured at the final port or place of discharge, the vessel sails therefrom, and
5.1.4 terminates, subject to 5.2 and 5.3 below, either as the subject-matter insured and as to any part as that part is thereafter discharged from the vessel at the final ( or substituted ) port or place of discharge, or
on expiry of 15 days counting from midnight of the day of re-arrival of the vessel at the final port or place of discharge or arrival of the vessel at a substituted port or place of discharge,
whichever shall first occur.
5.2 If during the insured voyage the oversea vessel arrives at an intermediate port or place to discharge the subject-matter insured for on-carriage by oversea vessel or by aircraft, or the goods are discharged from the vessel at a port or place of refuge, then, subject to 5.3 below and to an additional premium if required, this insurance continues until the expiry of 15 days counting from midnight of the day of arrival of the vessel at such port or place, but thereafter reattaches as the subject-matter insured as to any part as that is loaded on an on-carrying oversea vessel or aircraft. During the period of 15 days the insurance remains in force after discharge only whilst the subject-matter insured and as to any part as that part is at such port or place. If the goods are on-carried within the said period of 15 days or if the insurance reattaches as provided in this Clause 5.2
5.2.1 where the on-carriage isby oversea vessel this insurance continues subject to the terms of these clauses, or
5.2.2 where the on-carriage in by aircraft, the current Institute War Clauses ( Air Cargo ) (excluding sendings by Post ) shall be deemed to form part of this insurance and shall apply to the on-carriage by air.
5.3 If the voyage in the contract of carriage is terminated at a port or place other than the destination agreed therein, such port or place shall be deemed the final port of discharge and such insurance terminates in accordance with 5.1.2. If the subject-matter insured is subsequently reshipped to the original or any other destination, then provided notice is given to the Underwriters before the commencement of such further transit and subject to an additional premium, such insurance reattaches
5.3.1 in the case of the subject-matter insured having been discharged, as the subject-matter insured and as to any part as that part is loaded on the on-carrying vessel for the voyage;
5.3.2 in the case of the subject-matter not having been discharged, when the vessel sails from such deemed final port of discharge;
thereafter such insurance terminates in accordance whith 5.1.4.
5.4 The insurance against the risks of mines and derelict torpedoes, floating or submerged, is extended whilst the subject-matter insured or any part thereof is on craft whilst in transit to or from the oversea vessel, but in no case beyond the expiry of 60 days after discharge from the oversea vessel unless otherwise specially agreed by the Underwriters.
5.5 Subject to prompt motice to Underwriters, and to an additional premium if required, this insurance shall remain inforce within the provisions of these Clauses during any deviation, or any variation of the adventure arising from the exercise of a liberty granted to shipowners or charterers under the contract of affreightment.
(For the purpose of Clause 5
“arrival” shall be deemed to mean that the vessel is anchored, moored or otherwise secured at a berth or place within the Harbour Authority area. If such a berth or place is not available, arrival is deemed to have occurred when the vessel first anchors, moors or otherwise secures either at or off the intended port or place of discharge “oversea vessel” shall be deemed to mean a vessel carrying the subject-matter from one port or place to another where such voyage involves a sea passage by that vessel )
Change of Voyage Clause
6. Where, after attachment of this insurance, the destination is changed by the Assured, held covered at a premium and on conditions to be arranged subject to prompt notice being given to the Underwriters.
7. Anything contained in this contract which is inconsistent with Clauses 3.7, 3.8 or 5 shall, to the extent of such inconsistency, be null and void.
CLAIMS
Insurable Interest Clause
8 8.1 In order to recover under this insurance the Assured must have an insurable interest in the subject-matter insured at the time of the loss.
8.2 Subject to 8.1 above, the Assured shall be entiled to recover for insured loss occurring during the period covered by this insurance, notwithstanding that the loss occurred before the contract of insurance was concluded, unless the Assured were aware of the loss and the Underwriters were not.
Increased Value Clause
9 9.1 If any Increased Value insurance is effected by the Assured on the cargo insured herein the agreed value of the cargo shall be deemed to be increased to the total amount insured under this insurance and all Increased Value insurances covering the loss, and liability under this insurance shall be in such proportion as the sum insured herein berein bears to such total amount insured.
In the event of claim the Assured shall provide the Underwriters with evidence. Of the amounts insured under all other insurances.
9.2 Where this insurance is on Increased Value the following clause shall apply:
The agreed value of the cargo shall be deemed to be equal to the total amount insured under the primary insurance and all Increased Value insurances covering the loss and effected on the cargo by the Assured, and liability under this insurance shall be in such proportion as the sum insured herein bears to such total amount insured.
In the event of claim the Assured shall provide the Underwriters with evidence of the amounts insured under all other insurances.
BENEFIT OF INSURANCE
Not to Insure Clause
10. This insurance shall not inure to the benefit of the carrier or other bailee.
MINIMISING LOSSES
Duty of Assured Clause
11. It is the duty of the Assured and their servants and agents in respect of loss recoverable hereunder
11.1 to take such measures as may be reasonable for the purpose of averting or minimising such loss, and
11.2 to ensure that all rights against carriers, bailees or other third parties are properly preserved and exercised
and the underwriters will, in addition to any loss recoverable hereunder, reimburse the Assured for any charges properly and reasonably incurred in pursuance of these duties.
Waiver Clause
12. Measures taken by the Assured or the Underwriters with the object of saving, protecting or recovering the subject-matter insured shall not be considered as a waiver or acceptance of abandonment or otherwise prejudice the rights of either party.
AVOIDANCE OF DELAY
Reasonable Dispatch Clause
13. It is a condition of this insurance that the Assured shall act with reasonable dispatch in all circumstances within their control.
LAW AND PRACTICE
English Law and Practice Clause
14. This insurance is subject to English law and practice.
NOTE: It is necessary for the Assured when they become aware of an event which is “held covered” under this insurance to give prompt notice to the Underwriters and the right to such cover is dependent upon compliance with this obligation.
INSTITUTE STRIKES CLAUSES ( CARGO )
RISKS COVERED
Risks Clause
1. This insurance covers, except as provided in Clauses 3 and 4 below, loss of or damage to the subject-matter insured caused by
1.1 strikers, locked-out workmen, or persons taking part in labour disturbances, riots or civil commotions
1.2 any terrorist or any person acting from a political motive.
General Average Clause
2. This insurance covers general average and salvage charges, adjusted or determined according to the contract of affreightment and / or the governing law and practice, incurred to avoid or in connection with the avoidance of loss from a risk covered under these clauses.
EXCLUSIONS
General Exclusions Clause
3. In no case shall this insurance cover
3.1 loss damage or expense attributable to wilful misconduct of the Assured
3.2 ordinary leakage, ordinary loss in weight or volume, or ordinary wear and tear of the subject-matter insured
3.3 loss damage or expense caused by insufficiency or unsuitability of packing or preparation of the subject-matter insured ( for the purpose of this Clause 3.3 “packing” shall be deemed to include stowage in a container or liftvan but only when such stowage is carried out prior to attachment of this insurance or by the Assured or their servants )
3.4 loss damage or expense caused by inherent vice or nature of the ubject-matter insured
3.5 loss damage or expense proximately caused by delay, even though the delay be caused by a risk insured against ( except expenses payable under Clause 2 above )
3.6 loss damage or expense arising from insolvency or financial default of the owners managers charterers or operators of the vessel
3.7 loss damage or expense arising from the absence shortage or withholding of labour of any description whatsoever resulting from any strike, lockout, labour disturbance, riot and civil commotion
3.8 any claim based upon loss of or frustration of the voyage or adventure
3.9 loss damage or expense arising from the use of any weapon of war employing atomic or nuclear fission and / of fusion or other like reaction or radioactive force or matter,
3.10 loss damage or expense caused by war civil war revolution rebellion insurrection, or civil strife arising therefrom, or any hostile act by or against a belligerent power.
Unseaworthiness and Unfitness Exclusion Clause
4 4.1 In no case shall this insurance cover loss damage or expense arising from unseaworthiness of vessel or craft,
unfitness of vessel craft conveyance container or liftvan for the safe carriage of the subject-matter insured,
where the Assured or their servants are privy to such unseaworthiness or unfitness, at the time the subject-matter insured is loaded therein.
4.2 The Underwriters waive any breach of the implied warranties of seaworthiness of the ship and fitness of the ship to carry the subject-matter insured to destination, unless the Assured or their servants are privy to such unseaworthiness or unfitness.
DURATION
Transit Clause
5 5.1 This insurance attaches from the time the goods leave the warehouse of place of storage at the place named herein for the commencement of the transit, continues during the ordinary course of transit and terminates either
5.1.1 on delivery to the Consignees' or other final warehouse or place of storage at the destination named herein.
5.1.2 on delivery to any other warehouse or place of storage, whether prior to or at the destination named herein, which the Assured elect to use either
5.1.2.1 for storage other than in the ordinary course of transit or
5.1.2.2 for allocation or distribution, or
5.1.3 on the expiry of 60 days after completion of discharge overside of the goods hereby insured from the oversea vessel at the final port of discharge, whichever shall first occur.
5.2 If, after discharge overside from the oversea vessel at the final port of discharge, but prior to termination of this insurance, the goods are to be forwarded to a destination other than that to which they are insured hereunder, this insurance, whilst remaining subject to termination as provided for above, shall not extend beyond the commencement of transit to such other destination.
5.3 This insurance shall remain in force ( subject to termination as provided for above and to the provisions of Clause 6 below ) during delay beyond the control of the Assured, any deviation, forced discharge, reshipment or transshipment and during any variation of the adventure arising from the exercise of a liberty granted to shipowners or charterers under the contract of affreightment.
Termination of Contract of Carriage Clause
6. If owing to circumstances beyond the control of the Assured either the contract of carriage is terminated at a port or place other than the destination named therein or the transit is otherwise terminated before delivery of the goods as provided for in Clause 5 above, then this insurance shall also terminate unless prompt notice is given to the Underwriters and continuation of cover is requested when the insurance shall remain in force, subject to an additional premium if required by the Underwriters, either
6.1 until the goods are sold and delivered at such port or place, or, unless otherwise specially agreed, until the expiry of 60 days after arrival of the goods hereby insured at such port or place, whichever shall first occur, or
6.2 if the goods are forwarded within the said period of 60 days ( or any agreed extension thereof ) to the destination named herein or to any other destination, until terminated in accordance with the provisions of Clause 5 above.
Change of Voyage Clause
7. Where, after attachment of this insurance, the destination is changed by the Assured, held covered ate premium and on conditions to be arranged subject to prompt notice being given to the Underwriters.
CLAIMS
Insurable Interest Clause
8 8.1 In order to recover under this insurance the Assured must have an insurable interest in the subject-matter insured at the time of the loss.
8.2 Subject to 8.1 above, the Assured shall be entitled to recover for insured loss occurring during the period covered by this insurance, notwithstanding that the loss occurred before the contract of insurance was concluded, unless the Assured were aware of the loss and the Underwriters were not.
Increased Value Clause
9 9.1 If any Increased Value insurance is effected by the Assuredon the cargo insured herein the agreed value of the cargo shall be deemed to be increased to the total amount insured under this insurance and all Increased Value insurances covering the loss, and liability under this insurance shall be in such proportion as sum insured herein bears to such total amount insured.
In the event of claim the Assured shall provide the Underwriters with evidence. Of the amounts insured under all other insurances.
9.2 Where this insurance is on Increased Value the following clause shall apply:
The agreed value of the cargo shall be deemed to be equal to the total amount insured under the primary insurance and Increased Value insurances covering the loss and effected on the cargo by the Assured, and liability under this insurance shall be in such proportion as the sum insured herein bears to such total amount insured.
In the event of claim the Assured shall provide the Underwriters with evidence of the amounts insured under all other insurances.
BENEFIT OF INSURANCE
Not to Insure Clause
10. This insurance shall not inure to the benefit of the carrier or other bailee.
MINIMISING LOSSES
Duty of Assured Clause
11. It is the duty of the Assured and their servants and agents in respect of loss recoverable hereunder
11.1 to take such measures as may be reasonable for the purpose of averting or minimising such loss, and
11.2 to ensure that all rights against carriers, bailees or other third parties are properly preserved and exercised
and the underwriters will, in addition to any loss recoverable hereunder, reimburse the Assured for any charges properly and reasonably incurred in pursuance of these duties.
Waiver Clause
12. Measures taken by the Assured or the Underwriters with the object of saving, protecting or recovering the subject-matter insured shall not be considered as a waiver or acceptance of abandonment or otherwise prejudice the rights of either party.
AVOIDANCE OF DELAY
Reasonable Despatch Clause
13. It is a condition of this insurance that the Assured shall act with reasonable dispatch in all circumstances within their control.
LAW AND PRACTICE
English Law and Practice Clause
14. This insurance is subject to English law and practice.
NOTE: It is necessary for the Assured when they become aware of an event which is “held covered” under this insurance to give prompt notice to the Underwriters and the right to such cover is dependent upon compliance with this obligation.