INSTITUTE CARGO CLAUSES (A)
（1/1/1982）
RISKS COVERED
Risks Clause
1． This insurance covers all risks of loss of or damage to the subject-matter insured except as
provided in clauses 4, 5, 6, and 7 below . 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 any cause except those excluded in Clauses 4,5,6 and 7 or elsewhere in this insurance. “Both to Blame Collision” Clause
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 here under. 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
General Exclusions Clause
4 .In no case shall this insurance cover
4.1 loss damage or expense attributable to willful misconduct of the Assured
4.2 ordinary leakages, 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 lift van but only when such stowage is carried out p rior 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 t he subject-matter insured 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 owner’s manager’s 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 re action or radioactive force or matter. Unseaworthiness and Unfittness Exclusion Clause
5. 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 lift van for the safe carriage of the subject-matter insured. Where the Assured or their servants are privy t o 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 o f 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.
War Exclusion Clause
6. Insurance cover loss damage or expense caused by
6.1 war civil war revolution rebellion insurrection, or civil strife arising there from, 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 w ar 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 par t in labor disturbances, riots or civil commotions
7.2 resulting from strikes, lock-outs, labor disturbances, riots or civil commotions 7.3 caused by any terrorist or any person acting from a political motive.
DURATION
Transit Clause
8. 8.1 This insurance attaches from the time the goods leave the warehouse or place storage 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 Consignees’ or other final warehouse or place of storage at the destination named herein
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 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 60 days after completion of discharge over -side 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 t o 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 transshipment and during any variation of the adventure arising from the exercise of a liberty granted to ship-owners or charterers under the contract of affreightment.
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 terminate d before delivery or 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 60 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 60 days (or any agreed extension thereof) to the destination named herein or t o any other destination, until terminated in accordance with the provisions of Clause 8 above. 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 t o be arranged subject to prompt notice being given to the Underwriters
CLAIMS
Insurable Interest Clause
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 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 t he Underwriters were not. 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 Clause 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 servant s. Constructive Total Loss Clause
13. No claim for constructive Total Loss shall be recoverable here under unless the subject-matter insured is reasonably abandoned either on account of its actual total loss appearing to be unavoidable or be cause the cost of recovering, reconditioning and forwarding the subject-matter to the destination to which it is insured would exceed its value on arrival. Increased Value Clause
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 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 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 Underwriters with evidence of the amounts insured under all other insurances
BENEFIT OF INSURANCE
Not to Inure Clause
15. This insurance shall not insure to the benefit of the carrier or other bailee.
MINIMISING LOSSES
Duty of Assured Clause
16. It is the duty of the Assured and their servants and their servants and agents in respect of loss recoverable hereunder
16.1 to take such measures as may be reasonable for the purpose o f averting or minimizing 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. 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 other wise prejudice the rights of either party.
AVOIDANCE OF DELAY
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.
LAW AND PRACTICE
English Law and Practice Clause
19. 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 CARGO CLAUSES (B)
（1/1/1982）
(FOR USE ONLY WITH THE NEW MARINE POLICY FORM)
RISKS COVERED
Risks clause
1 This insurance covers, except as provided in Clause 4, 5, 6, an d 7 below, 1.1 loss of or damage to the subject-matter insured reasonably attributable to 1.1.1 fire or explosion
1.1.2 vessel or craft being stranded grounded sunk or capsized 1.1.3 overturning or derailment of land conveyance
1.1.4 collision or contact of vessel craft or conveyance with any external object other than water
1.1.5 discharge of cargo at a port of distress 1.1.6 earthquake volcanic eruption or lightning
1.2 loss of or damage to the subject-matter insured caused by 1.2.1 general average sacrifice 1.2.2 jettison or washing overboard
1.2.3 entry of sea lake or river water into vessel craft hold conveyance container lift van or place of storage
1.3 total loss of any package lost overboard or dropped whilst loading on to, or unloading from, vessel or craft.
General Average Clause
2 This insurance covers general average and salvage charges, adjusted or determined according to the contract of affreightment and/or t he 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. “Both to Blame Collision” Clause
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 ship-owners under the said Clause the Assured agree to notify the Underwriters who shall have the right, a t their own cost and expense, to defend the Assured against such claim.
EXCLUSIONS
General Exclusions Clause 4 In no case shall this insurance cover
4.1 Loss damage or expense attributable to willful misconduct of the Assured
4.2 ordinary leakages, ordinary loss in weight or volume, or ordinary wear and tear of the subject-matter insured
4.3 loss damage of 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 lift van 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 4.5 loss damage or expense proximately caused by delay, even though the delay be caused by a risk insured against (except expenses pay able under Clause 2 above)
4.6 loss damage or expense arising from insolvency or financial default of the owner’s manager’s charterers or operators of the vessel
4.7 deliberate damage to or deliberate destruction of the subject-matter insured or any part there of by the wrongful act of any person or persons,
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. Unseaworthiness and Und fitness Exclusion Clause
5 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 lift van 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 servant s are privy to such unseaworthiness or unfitness. 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, and the consequences thereof or any attempt thereat
6.3 derelict mines torpedoes bombs or other derelict weapons of war 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 labor disturbances, riots or civil commotions
7.2 resulting from strikes, lock-outs, labor disturbances, riots or civil commotions 7.3 caused by any terrorist or any person acting from a political motive
DURATION
Transit Clause
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,
8.1.1 on delivery to the Consignees’ or other final warehouse or place of storage at the destination named herein,
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, 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 60 days after completion of discharge over-side 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 t o 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 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
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 Claude 8 above, the n this insurance shall also terminate unless prompt notice is given to the Underwriters and continuation of cover is requested when the insu rance 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 60 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 60 days (or any agreed extension there of) to the destination named herein or to any other destination, until terminated in accordance with the pro visions of clause 8 above. 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 t o be arranged subject to prompt notice being given to the Underwriters .
CLAIMS
Insurable Interest Clause
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 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 t he Underwriters were not. 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 dose 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. Constructive Total Loss Clause
13 No claim for Constructive Total Loss shall be recoverable here under unless the subject-matter insured is reasonably abandoned either on account of its actual total loss appearing to be unavoidable or be cause the cost of recovering, reconditioning and forwarding the subject-matter to the destination to which it is insured would exceed its value on arrival. Increased Value Clause
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 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 an 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 Inure Clause
15 This insurance shall not inure to the benefit of the carrier o r other bailee.
MINIMISING LOSSES
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 o f averting or minimizing 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. 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 other wise prejudice the rights of either party.
AVOIDANCE OF DELAY
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.
LAW AND PRACTICE
English Law and Practice Clause
19 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 up on compliance with this obligation.
INSTITUTE CARGO CLAUSES (C)
（1/1/1982)
RISKS COVERED
1 This insurance covers, except as provided in Clauses 4, 5, 6 an d 7 below, 1.1 loss of or damage to the subject-matter insured reasonably at tributable to 1.1.1 fire or explosion
1.1.2 Vessel or craft being stranded grounded sunk or capsized 1.1.3 Overturning or derailment of land conveyance
1.1.4 Collision or contact of vessel craft or conveyance with any external object other than water
1.1.5 Discharge of cargo at a port of distress
1.2 loss of or damage to the subject-matter insured caused by
1.2.1 General average sacrifice 1.2.2. Jettison.
2 This insurance covers general average and salvage charges, adjusted or determined according to the contract of affreightment and/or t he 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 expenses, to defend the Assured against such claim.
EXCLUSIONS
4 In no case shall this insurance cover
4.1 loss damage or expense attributable to willful misconduct of the Assured
4.2 ordinary leakages, ordinary loss in weight or volume, or ordi nary 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 lift van 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 t he subject-matter insured 4.5 loss damage or expenses proximately caused by delay, even though the delay be caused by a risk insured against (except expense payable under Clause 2 above)
4.6 loss damage or expense arising from insolvency or financial default of the owner’s manager’s charterers or operators of the vessel
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
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 re action or radioactive force or matter.
5 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 lift van 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 o f 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 or 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, 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 or loss damage or expense
7.1 caused by strikers, locked-out workmen, or person taking part in labour disturbances, riots or civil commotions
7.2 resulting from strikes, lock-outs, labour disturbances, riots or civil commotion 7.3 caused by any terrorist or any person acting from a political motive.
DURATION
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
8.1.1 on delivery to the consignees’ or other final warehouse or place of storage at the destination named herein,
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 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 60 days after completion of discharge over side&, nbsp;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 t o 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 Clauses 9 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.
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 terminate d 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 insur ance shall remain in force, subject to an additional premium if requir ed 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 60 days af ter arrival of the goods hereby insured at such port or place, whichev er shall first occur, or
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 t o any other destination, until terminated in accordance with the provi sions 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.
CLAIM
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 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 t he 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 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 Clauses 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. 13 No claim for Constructive total Loss shall be recoverable here under unless the subject-matter insured is reasonably abandoned either on account of its actual total loss appearing to be unavoidable or be cause 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 insurances covering the loss, and liability under this insurance shall be in such proportion as the sum insured he rein 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 Val ue 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
15 This insurance shall no inure to the benefit of the carrier or other bailee.
MINIMISING LOSSES
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 o f averting or minimizing 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.
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 other wise prejudice the rights of either party.
AVOIDANCE OF DELAY
18 It is a condition of this insurance that the Assured shall act with reasonable dispatch in all circumstances within their control.
LAW AND PRACTICE
19 This insurance is subject to English law and practice.
NOTE: It is necessary for the Assured when they become aware of a n event which is \"held
covered\" under this insurance to give prompt notice to the under writers and the right to such cover is dependent upon compliance with this obligation.
我国海洋货物运输保险条款(英文)
OCEAN MARINE CARGO CLAUSES
(1/1/81)
I. Scope of Cover
This insurance is classified into the following three Conditions -Free from Particular Average (F.P.A.), With Average (W.A.) and All Risks. Where the goods insured hereunder sustain loss or damage, the Company shall undertake to indemnify therefor according to the Insured Condition specified in the Policy and the Provisions of these Clauses:
1. Free From Particular Average (F.P.A.)
This insurance covers:
(1) Total or Constructive Total Loss of the whole consignment hereby insured caused in the course of transit by natural calamities-heavy weather, lightning, tsunami, earthquake and flood. In case a constructive total loss is claimed for, the Insured shall abandon to the Company the damaged goods and all his rights and title pertaining thereto . The goods on each lighter to or from the seagoing vessel shall be deemed a separate risk.
\"Constructive Total Loss\" refers to the loss where an actual total loss appears to be unavoidable or the cost to be incurred in recovering or reconditioning the goods together with the forwarding cost to the destination named in the Policy would exceed their value on arrival. (2) Total or Partial Loss caused by accidents -the carrying conveyance being grounded, stranded, sunk or in collision with floating ice or other objects as fire or explosion.
(3) Partial loss of the insured goods attributable to heavy weather, lightning and/or tsunami, where the conveyance has been grounded, stranded, sunk or burnt, irrespective of whether the event or events took place before or after such accidents.
(4) Partial or total loss consequent on falling of entire package or packages into sea during loading, transshipment or discharge.
(5) Reasonable cost incurred by the Insured in salvaging the goods or averting or minimizing a loss recoverable under the Policy, provided that such cost shall not exceed the sum Insured of the consignment so saved.
(6) Losses attributable to discharge of the insured goods at a p ort of distress following a sea peril as well as special charges arising from loading, warehousing and forwarding of the goods at an intermediate port of call or refuge.
(7) Sacrifice in and Contribution to General Average and Salvage Charges.
(8) Such proportion of losses sustained by the shipowners as is to be reimbursed by the Cargo Owner under the Contract of Affreightment \"Both to Blame Collision\" clause. 2. With Average (W.A.)
Aside from the risks covered under F.P.A. Condition as above, this insurance also covers partial losses of the insured goods caused by heavy weather, lightning, tsunami, earthquake and/or flood. 3. All Risks
Aside from the risks covered under the F.P.A and W.A. Conditions as above, this insurance also covers all risks of loss of or damage to the insured goods whether partial or total, arising from external causes in the course of transit.
II. Exclusions
This Insurance does not cover:
1. Loss or damage caused by the intentional act or fault of the Insured. 2. Loss or damage falling under the liability of the consignor.
3. Loss or damage arising from the inferior quality or shortage of the insured goods prior to the attachment of this insurance.
4. Loss or damage arising from normal loss, inherent vice or nature of the insured goods, loss of market and/or delay in transit and any expenses arising therefrom.
5. Risks and liabilities covered and excluded by the Ocean Marin e Cargo War Risks Clauses and Strike, Riot and Civil Commotion Clauses of this company.
III. Commencement and Termination of Cover
1. Warehouse to Warehouse Clause:
This insurance attaches from the time the goods hereby insured leave the warehouse or place of storage named in the Policy for the commencement of the transit and continues in force in the ordinary course of transit including sea, land and inland waterway transits and transit in lighter until the insured goods are delivered to the consignee’s final warehouse or place or storage at the destination named in the Policy or to any other place used by the Insured for allocation or distribution of the goods or for storage other than in the ordinary course of transit. This insurance shall, however, be limited to sixty (60) days after completion of discharge of the insured goods from the seagoing vessel at the final port of discharge before they reach the above mentioned warehouse or place of storage. If prior to the expiry of the above mentioned sixty (60) days, the insured goods are to be forwarded to a destination other than that named in the Policy, this insurance shall terminate at the commencement of such transit.
2. If, owing to delay, deviation, forced discharge, reshipment or transshipment beyond the control of the Insured or any change or termination of the voyage arising from the exercise of a liberty granted t o the shipowners under the contract of affreightment, the insured goods arrive at a port or place other than that named in the Policy, subject to immediate notice being given to the Company by the Insured and an additional premium being paid, if required, this insurance shall remain in force and shall terminate as hereunder:
(1) If he insured goods are sold at port or place not named in the Policy, this insurance shall terminate on delivery of the goods sold, but in no event shall this insurance extend beyond sixty(60)days after completion of discharge of the insured goods from the carrying vessel at such port or place.
(2) If the insured goods are to be forwarded to the final destination named in the Policy or any other destination, this insurance shall terminate in accordance with Section 1 above.
IV. Duty of the Insured
It is the duty of the Insured to attend to all matters as specified hereunder, failing which the Company reserves the right to reject his claim for any loss if and when such failure prejudice the rights of the Company:
1. The Insured shall take delivery of the insured goods in good time upon their arrival at the port of destination named in the Policy . In the event of any damage to the goods, the Insured shall immediately apply for survey to the survey and/or settling agent stipulated in the Policy. If the insured goods are found short in entire package or packages or to show apparent traces of damage, the Insured shall obtain from the carrier, bailee or other relevant authorities (Customs and Port Authorities etc.) certificate of loss or damage and/or short land ed memo. Should the carrier, bailee or the other relevant authorities be responsible for such shortage or damage, the Insured shall lodge a claim with them in writing and, if necessary, obtain their confirmation of an extension of the time limit of validity of such claim.
2. The Insured shall, and the Company may also, take reasonable measures immediately in salvaging the goods or preventing or minimizing a loss or damage thereto. The measures so taken by the Insured or by the Company shall not be considered respectively, as a waiver of abandonment hereunder, or as an acceptance thereof.
3. In case of a change of voyage or any omission or error in the description of the interest, the name of the vessel or voyage, this insurance shall remain in force only upon prompt notice to this Company when the Insured becomes aware of the same and payment of an addition al premium if required.
4. The following documents should accompany any claim hereunder made against this Company:
Original Policy, Bill of Lading
Invoice, Packing List, Tally Sheet, Weight Memo, Certificate of Loss or Damage and/or Short landed Memo, Survey Report, and Statement of Claim.
If any third party is involved, documents relative to pursuing o f recovery from such party should also be included.
5. Immediate notice should be given to the Company when the Cargo Owner’s actual responsibility under the contract of affreightment &q uot;Both to Blame Collision\" clause becomes known.
V. The Time of Validity of a Claim
The time of validity of a claim under this insurance shall not exceed a period of two years counting from the time of completion of discharge of the insured goods from the seagoing vessel at the final port of discharge.
因篇幅问题不能全部显示，请点此查看更多更全内容