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ICC(C) –
Institute Cargo Clause (C) CL. 254
Institute
Marine Cargo Clauses
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1
This insurance covers, except as provided in Clauses 4,
5, 6 and 7 below, |
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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 capsized
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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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1.2
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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2. -
General Average 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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3. - "Both
to Blame Collision" Clause
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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. |
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4. -
General Exclusion Clause
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4 In
no case shall this insurance cover |
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4.1
loss damage or expense attributable to wilful misconduct
of the Assured |
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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 of packing or preparation of the
subject-matter insured (for the purpose of this Clause
4.3 "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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4.4
loss damage or expense caused by inherent vice or nature
of the 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 the vessel |
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4.7
deliberate damage to or deliberate destruction of the
subject-matter insured or any part thereof by the
wrongful act of any person or persons |
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4.8
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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5. -
Unseaworthiness and Unfitness Exclusion Clause
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5.1 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 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 Assured or their servants are
privy to such unseaworthiness or unfitness. |
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6. - War
Exclusion Clause
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6 In
no case shall this insurance cover loss damage or
expense caused by |
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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, and the
consequences 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. -
Strikes Exclusion Clause
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7 In
no case shall this insurance cover loss damage or
expense |
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7.1
caused by strikers, locked-out workmen, or persons
taking part in labour disturbances, riots or civil
commotions |
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7.2
resulting from strikes, lock-outs, labour disturbances,
riots or civil commotions |
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7.3
caused by any terrorist or any person acting from a
political motive. |
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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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8.1.1
on delivery to the Consignees' 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 Assured elect to use either |
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8.1.2.1
for storage other than in the ordinary course of transit
or |
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8.1.2.2
for allocation or distribution, or |
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8.1.3
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. |
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8.2
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. |
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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 Assured, any deviation, forced discharge, reshipment
or transhipment and during any variation of the
adventure arising from the exercise of a liberty granted
to shipowners or charterers under the contract of
affreightment. |
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9. -
Termination of Contract of Carriage Clause
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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 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 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 |
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9.1
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 |
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9.2
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 8 above. |
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10. -
Change of Voyage Clause
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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.
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11. -
Insurable Interest Clause
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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. |
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11.2
Subject to 11.1 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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12. -
Forwarding Charges Clause
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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 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.
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This Clause
12, which does not apply to general average or salvage
charges, shall be subject to the exclusions 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 Assured or their servants.
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13. -
Constructive Total Loss 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 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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14. -
Increased Value Clause
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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 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. |
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14.2
Where this insurance is on Increased Value the following
clause shall apply: |
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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.
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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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15. - Not
to Inure Clause
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15
This insurance shall not inure to the benefit of the
carrier or other bailee. |
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16. - Duty
of Assured Clause
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16
It is the duty of the Assured and their servants and
agents in respect of loss recoverable hereunder
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16.1
to take such measures as may be reasonable for the
purpose of averting or minimising such loss, and
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16.2
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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17
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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18. -
Reasonable Despatch Clause
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18
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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19
This insurance is subject to English law and practice.
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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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DC tags included with this document are provided
here. |
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DC Title: Institute Marine Cargo Clauses C
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