| RISKS COVERED |
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| 1. |
See below |
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Risk Clause |
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| 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
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General Average
Clause |
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| 3. |
This insurance
extended to indemnify the Insured 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 Insured
agree to notify the Underwriters who shall
have the right at their own cost and expense
to defend the Insured against such claim
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"Both to Blame
Collision" Clause |
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| EXCLUSIONS |
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| 4. |
See below |
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General Exclusions Clause |
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| 5. |
5.1 |
In
no case shall this insurance cover loss
damage or expense arising from |
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Unseaworthiness
or Unfitness Exclusion Clause |
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Unseaworthiness of vessel or craft |
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Unfitness of vessel
craft conveyance container or liftvan for
the safe of carriage of the subject matter
insured. |
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where the
Insured or their servants are privy to such
unseaworthiness or unfitness at the time
the subject matter insured is loaded therein
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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
Insured or their servants are privy to such
unseaworthiness or unfitness |
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| 6. |
In no case
shall this insurance cover loss damage or
expense caused by |
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War
Exclusions Clause |
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6.1 |
war civil
war revolution rebellion insurrection, or
civil strife arising therefrom, or any hostile
act by or against a belligerent power |
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6.2 |
capture
seizure arrest restraint or detainment (piracy
excepted) and the consequence thereof or
any attempt thereat |
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6.3 |
derelict
mines torpedoes bombs or other derelict
weapons of war. |
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| 7. |
In no case shall
this insurance cover loss damage or expense |
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Strike
Exclusions Clause |
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7.1 |
caused
by strikers, locked-out workmen or person
taking part from in labour disturbances,
riot or civil commotions |
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7.2 |
resulting
from strikes, locked-outs, labour disturbances,
riot or civil commotions |
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7.3 |
caused by any terrorist or any
person acting from political motive |
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| DURATION |
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| 8. |
8.1 |
This
insurance attaches from the time the goods
leave the warehouse or place of storage
at the place named herein for the commencement
of the transit, continues during the ordinary
course of transit and terminates either |
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Transit Clause |
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8.1.1 |
on delivery to the
Consignee’s or other final warehouse
or place of storage at the destination named
herein |
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8.1.2 |
on delivery to any
other warehouse or place of storage, whether
prior to or at the destination named herein,
which the Insured elect to use either |
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| 8.1.2.1 |
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for storage other then
in the ordinary course of transit or |
| 8.1.2.2 |
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for allocation or distribution
or |
| 8.1.2.3 |
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on
the expiry of 60 days after completion
of discharge overside of the goods
hereby insured from the oversea a
the final port of discharge. |
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whichever shall
first occur |
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8.2 |
If,
after discharge overside from oversea vessel
at the final port of discharge but prior
to termination of this insurance the goods
are to be forwarded to the destination other
then 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. |
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8.3 |
this
insurance shall remain in force (subject
to termination as provided for above and
to the provisions of Clause 9 below) during
delay beyond the control of the Insured,
any deviation, forced discharge, reshipment
or transhipment and during any variation
of the adventure arising from the exercise
of a liberty granted the shipowners or charterers
under the contract of affreightment. |
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| 9. |
If owing
to circumstances beyond the control of the
Insured 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 8
above then this insurance shall also terminate
unless prompt notice is given to underwriters
and continuation of cover is requested when
the insurance shall remain in force, subject
to the additional premium if required by
the Underwriters either. |
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Termination
of Contract of
Carriage Clause
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9.1 |
until the
goods are sold and delivered at such port
or place or unless otherwise specially agreed
unlit the expiry of 60 days after arrival
of goods hereby insured at such port or
place which shall first occur or |
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9.2 |
if the
goods are forwarded within the period of
60 days (or any agreed extension thereof)
to the destination named herein or to any
other destination until terminated accordance
with the provisions of Clause 8 above |
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| 10. |
Where,
after attachment of this insurance the destination
is changed by the Insured held covered at
a premium and on conditions to be arranged
subject to prompt notices being given the
Underwriters. |
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Change of Voyage
Clause |
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| CLAIMS |
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| 11. |
11.1 |
In
order to recovered under this insurance
the Insured must has an insurable interest
in the subject matter insured at the time
of the loss |
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Insurable Interest
Clause |
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11.2 |
Subject
to 11.1 above, the Insured shall be entitled
to recover for insured loss occurring during
the period of covered by this insurance,
notwithstanding that the loss occurred before
the contract of insurance was concluded,
unless the Insured were aware of the loss
and the Underwriting were not. |
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| 12. |
Where as
a result of the operation of a risk covered
by this insurance, the insured transit is
terminated at a port or a place other then
that to which the subject matter is covered
under this insurance, the Underwriters will
reimburse the Insured for any extra charge
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 exclusion contained in
Clauses 4,5,6, and 7 above, and shall not
include charges arising from the fault negligence
insolvency or financial default of the Insured
or their servants.
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Forwarding
Charges
Clause
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| 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 of the cost
recovering, reconditioning or forwarding
the subject matter the destination to which
it is insured would exceed its value on
arrival. |
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Constructive Total
Loss Clause |
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| 14. |
14.1 |
If
any increased value insurance effected by
the Insured on the cargo insured herein
the agreed value of the cargo shall be deemed
to be increased to the total amount of the
insurance and all increase value insurance
covering the loss and liability under this
insurance shall be in such proportion and
the sum insured herein bears to such total
amount insured.
In the event of claim the Insured shall
provided the Underwriters with evidence
of the amount insured under all other insurances.
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increased value
Clause |
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14.2 |
Where
this insurance is on increasing value the
following clauses shall apply:
The agreed value of the cargo shall be deemed
to be equal to the total amount insured
under primary insurance and all increased
value insurances covering the loss and effected
on the cargo by the Insured, and liability
of this insurance shall be in such proportion
as the sum insured herein bears to such
total amount insured.
In the event of claim the Insured shall
provided the Underwriters with evidence
of the amount insured under all other insurances.
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| BENEFIT OF INSURANCE |
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| 15. |
The insurance shall
not inure to the benefit of carrier or other
bailes. |
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Not to Inure Clause |
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| MINIMISING LOSSES |
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| 16. |
It
is the duty of the Insured and their servants
and agents in respect of loss recoverable
hereunder |
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Duty of Insured
Clause |
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16.1 |
to
take such measures as may be reasonable
for the purpose of adverting or minimising
such loss, and |
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16.2 |
to
ensure that all rights against carrier,
bailees or other third parties are properly
reserved and exercised |
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and
the Underwriters will in addition to any
loss recoverable hereunder, reimburse for
any charge properly and reasonably incurred
in pursuance of these duties |
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Duty of Insured
Clause |
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| 17. |
Measures
taken by the insured 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
right if either party. |
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Waiver Clause |
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| AVOIDANCE OF DELAY |
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| 18. |
It
is a conditions of this insurance that the
Insured shall act with reasonable dispatch
in all circumstances within their control |
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Reasonable Dispatch Clause |
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| LAW AND PRACTICE
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| 19. |
This insurance
is subject to English law and practice |
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English Law and Practice Clause |
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| Note- |
It
is necessary for the Insured when they become
aware of an event which is "held covered"
under this insurance to give prompt notices
to the Underwriters and the right to such
cover is dependent upon compliance with
this obligation. |
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| INSTITUTE
CARGO CLAUSE (A) |
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| 1. |
This insurance
covers all risks of loss of or damage to
the subject matter insured except provided
in Clause 4 below and Clause 5, 6 and 7
in Institute Cargo Clause above. |
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Risk Clause |
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| 4. |
In
no case shall this insurance cover |
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General
Exclusions Clause |
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4.1 |
loss
damage or expense attributable to wilful
misconduct of the Insured |
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4.2 |
ordinary
leakage, ordinary loss in weight or volume
or ordinary wear and tear of the subject
matter insured |
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4.3 |
loss
damage or expense caused by insufficiency
or unsuitability or packing or preparation
of subject matter insured (for the purpose
of this clause 4.3 “packing”
shall be deemed to including stowage in
a container or liftvan but only when such
stowage is carried out prior to attachment
of this insurance or by the Insured or their
servant) |
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4.4 |
loss
damage or expense caused by inherent vice
or nature of subject matter insured |
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4.5 |
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) |
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4.6 |
loss
damage or expense arising from insolvency
or financial default of the owners managers
charterers or operators of vessel |
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4.7 |
loss
damage or expense arising from the use of
any weapon of war employing atomic or nuclear
fission and/or fusion or other like reaction
or radioactive force or matter. |
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| INSTITUTE
CARGO CLAUSE (B) |
| |
| 1. |
This Insurance
Covers except as provided in Clause 4 below,
and Clause 5, 6 and 7 in Institute Cargo
Clause above. |
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Risks Clause |
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1.1 |
loss
of or damage to the subject matter insured
reasonably attributable to |
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1.1.1 |
fire or explosion |
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1.1.2 |
Vessel or craft being stranded grounded
sunk or capsize |
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1.1.3 |
overturning or derailment of land conveyance |
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1.1.4 |
collision or contact of vessel craft or
conveyance with any external object other
than water |
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1.1.5 |
discharge of cargo at a port of distress |
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1.1.6 |
earthquake volcanic eruption or lightning |
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1.2 |
loss of or damage
to the subject matter insured caused by |
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1.2.1 |
general average sacrifice |
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1.2.2 |
jettison or washing overboard |
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1.2.3 |
entry of sea lake or
river into vessel craft hold conveyance
container liftvan or place of storage |
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1.3 |
total
loss of any package lost overboard or dropped
whilst loading on to or unloading from vessel
or craft |
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| 4. |
In
no case shall this insurance cover |
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General
Exclusions Clause |
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4.1 |
loss
damage or expense attributable to wilful
misconduct of the Insured |
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4.2 |
ordinary
leakage, ordinary loss in weight or volume
or ordinary wear and tear of the subject
matter insured |
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4.3 |
loss
damage or expense caused by insufficiency
or unsuitability or packing or preparation
of subject matter insured (for the purpose
of this clause 4.3 “packing”
shall be deemed to including stowage in
a container or liftvan but only when such
stowage is carried out prior to attachment
of this insurance or by the Insured or their
servant) |
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4.4 |
loss
damage or expense caused by inherent vice
or nature of subject matter insured |
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4.5 |
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) |
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4.6 |
loss
damage or expense arising from insolvency
or financial default of the owners managers
charterers or operators of vessel |
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4.7 |
deliberated
damage to or deliberate destruction of the
subject matter insured or any part thereof
by wrongful act of any person or persons |
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4.8 |
oss
damage or expense arising from the use of
any weapon of war employing atomic or nuclear
fission and/or fusion or other like reaction
or radioactive force or matter. |
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| INSTITUTE
CARGO CLAUSE (C) |
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| 1. |
This insurance
covers, except as provided in Clauses 4,
5, 6 and 7 below, |
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Risks Clause |
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1.1 |
loss
or damage to the subject matter insured
reasonably attributable to |
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1.1.1 |
fire or explosion |
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1.1.2 |
vessel or craft being stranded grounded
sunk or capsized |
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1.1.3 |
overturning or derailment of land conveyance |
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1.1.4 |
collision or contract
of vessel craft or conveyance with any external
object other than water |
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1.1.5 |
discharge of cargo at a port of distress, |
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1.2 |
loss of or damage
to the subject matter insured caused by |
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1.2.1 |
general average sacrifice |
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1.2.2 |
jettison. |
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| 4. |
In
no case shall this insurance cover |
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General
Exclusions Clause |
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4.1 |
loss
damage or expense attributable to wilful
misconduct of the Insured |
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4.2 |
ordinary
leakage, ordinary loss in weight or volume
or ordinary wear and tear of the subject
matter insured |
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4.3 |
loss
damage or expense caused by insufficiency
or unsuitability or packing or preparation
of subject matter insured (for the purpose
of this clause 4.3 "packing" shall
be deemed to including stowage in a container
or liftvan but only when such stowage is
carried out prior to attachment of this
insurance or by the Insured or their servant)
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4.4 |
loss
damage or expense caused by inherent vice
or nature of subject matter insured |
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4.5 |
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) |
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4.6 |
loss
damage or expense arising from insolvency
or financial default of the owners managers
charterers or operators of vessel |
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4.7 |
deliberated
damage to or deliberate destruction of the
subject matter insured or any part thereof
by wrongful act of any person or persons |
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4.8 |
oss
damage or expense arising from the use of
any weapon of war employing atomic or nuclear
fission and/or fusion or other like reaction
or radioactive force or matter. |
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| INSTITUTE
DANCEROUS DRUGS CLAUSE |
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| |
It is understood
and agreed that no claim under this policy
will be paid in respect of drugs to which
the various International Conventions relating
to Opium and other dangerous drugs apply
unless |
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| (1) |
The drugs
shall be expressly declared as such in the
policy and the name of the country from
which and the name of the country to which
their are consigned specifically stated
in the policy. and |
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| (2) |
the proof
of loss is accompanied either by a licence,
certificate or authorization issued by the
government of country to which are consigned
showing that the important of the consignment
into that country has been approved by that
government or alternatively a licence, certificate
or authorization issued by the government
of country from which are consigned showing
that the export of the consignment to the
destination stated has been approved by
that government, and |
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| (3) |
the route
by which the drugs were conveyed was usual
and customary. |
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| INSTITUTE
WAR CLAUSE (CARGO) |
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| RISKS COVERED |
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| 1. |
This insurance
covers, except as provided in Clauses 3
and 4 below, loss of or damage to the subject-matter
insured caused by |
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Risk Clause |
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1.1 |
war
civil war revolution rebellion, or civil
strife arising therefrom, or any hostile
act by or against a belligerent power |
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1.2 |
capture
seizere arrest restraint or detainment,
arising from risks covered under 1.1 above,
and the consequences thereof or any attempt
thereat |
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1.3 |
derelict mines
torpedoes bombs or other derelict weapons
of war |
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| 2. |
This insurance
covers general average and salvage charge,
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. |
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General Average
Clause |
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| EXCLUSIONS |
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| 3. |
In no case shall
this insurance cover |
|
General
Exclusions Clause |
| |
3.1 |
loss
damage or expense attributable to wilful
misconduct of the Assured |
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3.2 |
ordinary
leakage, ordinary loss in weight or volume,
or ordinary wear and tear of the subject-matter
insured |
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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) |
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3.4 |
loss
damage or expense caused by inherent vice
or nature of the subject-matter insured |
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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) |
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3.6 |
loss
damage or expense arising from insolvency
or financial default of the owners managers
charterers or operations of the vessel |
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3.7 |
any
claim based upon loss of or frustration
of the voyage or adventure |
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3.8 |
loss damage
or expense arising from any hostile use
of any weapons of war employing atomic or
nuclear fission and/or fusion or other like
reaction or radioactive force on matter |
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| 4. |
4.1 |
In
no case shall this insurance cover loss
damage or expense arising from |
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unseaworthiness
or unfitness Exclusion Clause |
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unseaworthiness of vessel or craft, |
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unfitness of vessel
craft conveyance container or liftvan for
the safe carriage of the subject-matter
insured, |
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4.2 |
The underwriters
waive any breach of the implied warranties
of seaworthiness of the ship to carry the
subject-matter insured to destination, unless
the Assured or their servants are privy
to such unseaworthiness or unfitness. |
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| DURATION |
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| 5. |
5.1 |
This insurance |
|
Transit Clause |
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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 |
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5.1.2 |
terminates, subject
to 5.2 and 5.3 below, either as the subject
matter insured and as to any part as that
is discharged from an oversea vessel at
the final port or place of discharge,
or
on expiry of 15 days counting from midnight
of the day of arrival of the vessel at the
final or the place of discharge,
whichever shall first occur;
nevertheless,
Subject to prompt notice to the Underwriters
and to an additional premium, such insurance |
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5.1.3 |
reattached when, without
having discharged the subject matter insured
at the final port of place of discharge,
the vessel sails therefrom, and |
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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 |
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on expiry of 15 days
counting from midnight of the day of re-arrival
of the vessel at the final or the place
of discharge or arrival of the vessel at
a substituted port or place of discharge, |
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whichever shall first occur. |
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5.2 |
If
during the insured voyage the oversea vessel
arrival 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 or 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 and as to
any part as that part 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 as to any part as that part
is at such port or place. If the goods are
on carried within the said period if 15
days or if the insurance reattaches as provided
in this clause 5.2 |
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5.2.1 |
where the on-carriage
is by oversea vessel this insurance continues
subject to the terms of these clause,
or |
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5.2.2 |
where the on-carriage
is by aircraft, the current Institute War
Clause (Air Cargo) (excluding sending by
Post) shall be deemed to form part of this
insurance and shall apply to the on-carriage
by air. |
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5.3 |
If
the voyage in the contract of carriage in
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 of 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 |
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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; |
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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; |
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thereafter such
insurance terminates in accordance with 5.1.4. |
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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. |
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5.5 |
subject
to prompt notice to Underwriters, and to
an additional premium id required, this
insurance shall remain in force within the
provisions of these Clauses during any deviation,
or any variation or the asventure arising
from the exercise of a liberty granted to
shipowners under the contract of affreightment.
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(For
the purpose of this 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 anchored, moors or otherwise
secures either at or off the intended port
or place or 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 of this insurance,
the destination is changed by the Insured,
held covered at a premium and on conditions
to be arranged subject to prompt notice
being given to the Underwriters. |
|
Change of Voyage
Clause |
|
| 7. |
Anything
contained in this contract which is inconsistent
with Clause 3.7, 3.8 or 5 shall, to the
extent of such inconsistency, be null and
void. |
|
|
| |
| INSTITUTE
STRIKE CLAUSE (CARGO) |
| |
| RISKS COVERED |
| |
| 1. |
This insurance
covers, except as provided in Clauses 3
and 4 below, loss of or damage to the subject-matter
insured caused by |
|
Risk Clause |
| |
1.1 |
strikes,
locked-out workmen, or person taking part
in labour disturbances, riots or civil commotions |
|
|
| |
1.2 |
any terrorist or
any person acting from a political motive. |
|
|
|
| 2. |
This insurance
covers general average and salvage charge,
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. |
|
General Average
Clause |
| |
| EXCLUSIONS |
| |
| 3. |
In no case shall
this insurance cover |
|
General
Exclusion Clause |
| |
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 operations 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
or 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/or fusion or other like reaction
or radioactive force on 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. |
|
|
|
| 4. |
4.1 |
In
no case shall this insurance cover loss
damage or expense arising from |
|
unseaworthiness
or unfitness Exclusion Clause |
| |
|
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 to carry the
subject-matter insured to destination, unless
the Assured or their servants are privy
to such unseaworthiness or unfitness. |
|
|
| |
| DURATION |
| |
| 5. |
5.1 |
This
insurance attaches from the time the goods
leave the warehouse or
place of storage at the place named herein
for the commencement of the transit, continues
during the ordinary course of transit and
terminates either
|
|
Transit Clause |
|