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EXCLUSIONS |
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2. - General Exclusion
Clause |
2
- In no case shall this insurance cover
2.1
loss damage or expense attributable to wilful misconduct
of the Assured
2.2
ordinary leakage, ordinary loss in weight or volume, or
ordinary wear and tear of the subject-matter insured
2.3
loss damage or expense caused by
insufficiency or unsuitability of packing or preparation
of the subject-matter insured (for the purpose of this
Clause 2.3 “packing” shall be deemed to include stowage
in a container of liftvan but only when such stowage is
carried out prior to attachment of this insurance or by
the Assured or their servants)
2.4
loss damage or expense caused by inherent vice or nature
of the subject-matter insured
2.5
loss damage or expense arising from unfitness of
aircraft conveyance container or liftvan for the safe
carriage of the subject-matter insured, where the
Assured or their servants are privy to such unfitness at
the time the subject-matter insured is loaded therein
2.6
loss damage or expense proximately caused by delay, even
though the delay be caused by a risk insured against
2.7 loss damage or
expense arising from insolvency or financial default of
the owners managers charterers or operators of the
aircraft
2.8
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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3. - War Exclusion
Clause |
3 - In no case
shall this insurance cover loss damage or expense caused
by
3.1 war civil war
revolution rebellion insurrection, or civil strife
arising therefrom, or any hostile act by or against a
belligerent power
3.2 capture
seizure arrest restraint or detainment (piracy
excepted), and the consequences thereof or any attempt
thereat
3.3 derelict mines
torpedoes bombs or other derelict weapons of war. |
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4. - Strikes Exclusion
Clause |
4 - In no case
shall this insurance cover loss damage or expense
4.1 caused by
strikers, locked-out workmen, or persons taking part in
labour disturbances, riots or civil commotions
4.2 resulting from
strikes, lock-outs, labour disturbances, riots or civil
commotions
4.3 caused by any
terrorist or any person acting from a political motive. |
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DURATION |
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5. - Transit Clause |
5.1 This insurance
attaches from the time the subject-matter insured leaves
the warehouse, premises 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
5.1.1 on delivery
to the Consignees’ or other final warehouse, premises or
place of storage at the destination named herein,
5.1.2 on delivery
to any other warehouse, premises 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 30 days after unloading the subject-matter
insured from the aircraft at the final place of
discharge,
whichever
shall first occur.
5.2 If, after
unloading from the aircraft at the final place of
discharge, but prior to termination of this insurance,
the subject-matter insured is forwarded to a destination
other than that to which it is 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
transhipment and during any variation of the adventure
arising from the exercise of a liberty granted to the
air carriers under the contract of carriage. |
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6. - 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 place other than the destination
named therein or the transit is otherwise terminated
before delivery of the subject-matter insured 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 subject-matter is sold and delivered at such
place or, unless otherwise specially agreed, until the
expiry of 30 days after arrival of the subject-matter
hereby insured at such place, whichever shall first
occur,
or
6.2 if the
subject-matter is 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 5 above. |
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7. - Change of Transit
Clause |
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. |
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CLAIMS |
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8. - Insurable
Interest Clause |
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. |
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9. - Forwarding
Charges Clause |
9 -
Where, as a result of the operation of a risk covered by
this insurance, the insured transit is terminated at a
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 9, which does
not apply to general average or salvage charges, shall
be subject to the exclusions contained in Clauses 2,3
and 4 above, and shall not include charges arising from
the fault negligence insolvency or financial default of
the Assured or their servants. |
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10. - Constructive
Total Loss Clause |
10 - 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. |
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11. - Increased Value
Clause |
11.1 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 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.
11.2 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. |
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BENEFIT OF INSURANCE |
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12. - Not to Inure
Clause |
12. - This
insurance shall not inure to the benefit of the carrier
or other bailee. |
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MINIMISING LOSSES |
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13. - Duty of Assured
Clause |
13. - It is the
duty of the Assured and their servants and agents in
respect of loss recoverable hereunder
13.1
to take such measures as may be reasonable for the
purpose of averting or minimising such loss, and
13.2
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. |
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14. - Waiver Clause |
14. - 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. |
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AVOIDANCE OF DELAY |
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15. - Reasonable
Despatch Clause |
15. - It is a
condition of this insurance that the Assured shall act
with reasonable despatch in all circumstances within
their control. |
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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.
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