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EXCLUSIONS |
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4. - General Exclusions
Clause |
4 In no case shall this
insurance cover
4.1
loss damage or expense attributable to wilful misconduct
of the Assured
4.2
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 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)
4.4
loss damage or expense caused by inherent vice or nature
of the subject-matter insured (except loss damage or
expense resulting from variation in temperature
specifically covered under Clause 1.2 above)
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)
4.6
loss damage or expense arising from insolvency or
financial default of the owners managers charterers or
operators of the vessel
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
4.8
loss damage or expense arising from any failure of the
Assured or their servants to take all reasonable
precautions to ensure that the subject-matter insured is
kept in refrigerated or, where appropriate, properly
insulated and cooled space
4.9
any loss damage or expense otherwise recoverable
hereunder unless prompt notice thereof is given to the
Underwriters and, in any event, not later than 30 days
after the termination of this insurance. |
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5. -
Unseaworthiness and
Unfitness Exclusion Clause |
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 such unseaworthiness or unfitness, at the time the
subject-matter 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. |
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6. - War Exclusion
Clause |
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. |
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7. -
Strikes Exclusion Clause |
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. |
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DURATION |
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8. -
Transit Clause
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8.1
This insurance attaches from the time the goods are
loaded into the conveyance at freezing works or cold
store at the place named herein for the commencement of
the transit, continues during the ordinary course of
transit and terminates either
8.1.1
on delivery to the cold store or place of storage at the
destination named herein,
8.1.2
on delivery to any other cold store or place of storage,
whether prior to or at the destination named herein,
which the Assured elect to use either
8.1.2.1 for storage other than in the ordinary course
of transit or
8.1.2.2 for allocation or distribution, or
8.1.3
on the expiry of 5 days after discharge overside of the
goods hereby insured from the oversea vessel at the
final port of discharge,
whichever shall first occur.
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.
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 |
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
9.1
until the goods are 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. |
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10. -
Change of Voyage Clause |
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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CLAIMS |
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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.
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 |
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.
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 |
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 |
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.
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. |
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BENEFIT OF INSURANCE |
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15. -
Not to Inure Clause |
15 This insurance shall
not inure to the benefit of the carrier or other bailee. |
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MINIMISING LOSSES |
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16. - Duty of Assured
Clause |
16 It is the duty of the
Assured and their servants and agents in respect of loss
recoverable hereunder
16.1 to take such
measures as may be reasonable for the purpose of
averting or minimising such loss, and
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. -
Waiver Clause |
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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AVOIDANCE OF DELAY |
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18. -
Reasonable Despatch
Clause |
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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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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SPECIAL NOTE: -
This insurance does not cover loss damage or expense
caused by embargo, or by rejection prohibition or
detention by the government of the country of import or
their agencies or departments, but does not exclude loss
of or damage to the subject-matter insured caused by
risks insured hereunder and sustained prior to any such
embargo rejection prohibition or detention.
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1/1/86
CL263 © Copyright The Institute of London Underwriters |