Common use of Cargo insurance coverage limitations Clause in Contracts

Cargo insurance coverage limitations. The cargo insurance coverage provided by Bitmain is subject to the following limitations and exceptions: - loss damage or expense attributable to willful misconduct of the Assured - ordinary leakage, ordinary loss in weight or volume, or ordinary wear and tear of the subject-matter insured - loss damage or expense caused by insufficiency or unsuitability of packing or preparation of the subject-matter insured (for the purpose of this Clause, “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) - loss damage or expense caused by inherent vice or nature of the subject-matter insured - loss damage or expense proximately caused by delay, even though the delay be caused by a risk insured against (except expenses payable) - loss damage or expense arising from insolvency or financial default of the owners managers charterers or operators of the vessel - 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. - 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. - 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. - Loss, damage or expense caused by (1) war, civil war, revolution, rebellion, insurrection, or civil strife arising therefrom, or any hostile act by or against a belligerent power, (2) capture, seizure, arrest, restraint or detainment (piracy excepted), and the consequences thereof or any attempt threat, (3) derelict mines, torpedoes, bombs, or other derelict weapons of war. - Loss, damage, or expense caused by strikers, locked-out workmen, or persons taking part in labor disturbances, riots or civil commotion, resulting from strikes, lock-outs, labor disturbances, riots or civil commotions, caused by any terrorist or any person acting from a political motive.

Appears in 3 contracts

Samples: Futures Sales and Purchase Agreement (Bitfufu Inc.), Futures Sales and Purchase Agreement (Bitfufu Inc.), Sales and Purchase Agreement (Riot Blockchain, Inc.)

AutoNDA by SimpleDocs

Cargo insurance coverage limitations. The cargo insurance coverage provided by Bitmain is subject to the following limitations and exceptions: - loss damage or expense attributable to willful misconduct of the Assured - ordinary leakage, ordinary loss in weight or volume, or ordinary wear and tear of the subject-matter insured - loss damage or expense expenses caused by insufficiency or unsuitability of packing or preparation of the subject-matter insured (for the purpose of this Clause, “packing” shall be deemed to include stowage in a container or a liftvan but only when such stowage is carried out prior to attachment of this insurance or by the Assured or their servants) - loss damage or expense caused by inherent vice or nature of the subject-matter insured - loss damage or expense proximately caused by delay, even though the delay be caused by a risk insured against (except expenses payable) - loss damage or expense arising from insolvency or financial default of the owners owners, managers charterers or operators of the vessel - loss, damage, loss damage or expense arising from the use of any weapon of war employing atomic or nuclear fission, and/or fusion or other like similar reaction or radioactive force or matter. - Loss, 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. - 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. - Loss, damage or expense caused by (1) war, civil war, revolution, rebellion, insurrection, or civil strife arising therefrom, or any hostile act acts by or against a belligerent power, (2) capture, seizure, arrest, restraint or detainment (piracy excepted), and the consequences thereof or any attempt attempted threat, (3) derelict mines, torpedoes, bombs, or other derelict weapons of war. - Loss, damage, or expense caused by strikers, locked-out workmen, or persons taking part in labor disturbances, riots or civil commotion, resulting from strikes, lock-outs, labor disturbances, riots or civil commotions, caused by any terrorist or any person acting from a political motive.

Appears in 2 contracts

Samples: Futures Sales and Purchase Agreement (Bitfufu Inc.), Futures Sales and Purchase Agreement (Bitfufu Inc.)

Cargo insurance coverage limitations. The cargo insurance coverage provided by Bitmain is subject to the following limitations and exceptions: - loss damage or expense attributable to willful misconduct of the Assured - ordinary leakage, ordinary loss in weight or volume, or ordinary wear and tear of the subject-matter insured - loss damage or expense caused by insufficiency or unsuitability of packing or preparation of the subject-matter insured (for the purpose of this Clause, “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) - loss damage or expense caused by inherent vice or nature of the subject-matter insured - loss damage or expense proximately caused by delay, even though the delay be caused by a risk insured against (except expenses payable) - loss damage or expense arising from insolvency or financial default of the owners managers charterers or operators of the vessel - 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. - 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. - 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. - Loss, damage or expense caused by (1) war, civil war, revolution, rebellion, insurrection, or civil strife arising therefrom, or any hostile act by or against a belligerent power, (2) capture, seizure, arrest, restraint or detainment (piracy excepted), and the consequences thereof or any attempt threat, (3) derelict mines, torpedoes, bombs, or other derelict weapons of war. - Loss, damage, or expense caused by strikers, locked-out workmen, or persons taking part in labor disturbances, riots or civil commotion, resulting from strikes, lock-outs, labor disturbances, riots or civil commotions, caused by any terrorist or any person acting from a political motive.

Appears in 1 contract

Samples: Sales and Purchase Agreement (Cipher Mining Inc.)

Cargo insurance coverage limitations. 2.1 This paragraph 2 of Appendix A is only applicable if the Purchaser requests BITMAIN to send the Products pursuant to Clause 4.7 of this Agreement. 2.2 The cargo insurance coverage provided by Bitmain BITMAIN is subject to the following limitations and exceptions: - : (a) loss damage or expense attributable to willful misconduct of the Assured - Assured; (b) ordinary leakage, ordinary loss in weight or volume, or ordinary wear and tear of the subject-matter insured - insured; (c) loss damage or expense caused by insufficiency or unsuitability of packing or preparation of the subject-matter insured (for the purpose of this Clauseparagraph, “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); (d) - loss damage or expense caused by inherent vice or nature of the subject-subject matter insured - insured; (e) loss damage or expense proximately caused by delay, even though the delay be caused by a risk insured against (except expenses payable); (f) - loss damage or expense arising from insolvency or financial default of the owners managers charterers or operators of the vessel - vessel; (g) 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. - Loss; (h) 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. - The ; (i) 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. - Loss; (j) loss, damage or expense caused by (1) war, civil war, revolution, rebellion, insurrection, or civil strife arising therefrom, or any hostile act by or against a belligerent power, (2) capture, seizure, arrest, restraint or detainment (piracy excepted), and the consequences thereof or any attempt threat, (3) derelict mines, torpedoes, bombs, or other derelict weapons of war. - Loss; and (k) loss, damage, or expense caused by strikers, locked-out workmen, or persons taking part in labor disturbances, riots or civil commotion, resulting from strikes, lock-outs, labor disturbances, riots or civil commotions, caused by any terrorist or any person acting from a political motive.

Appears in 1 contract

Samples: Sales and Purchase Agreement (Cleanspark, Inc.)

Cargo insurance coverage limitations. The cargo insurance coverage provided by Bitmain Crypt is subject to the following limitations and exceptions: Exclusions: - loss damage or expense attributable to willful misconduct of the Assured assured - ordinary leakage, ordinary loss in weight or volume, or ordinary wear and tear of the subject-matter insured - loss damage or expense caused by insufficiency or unsuitability of packing or preparation of the subject-matter insured (for the purpose of this Clause, “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 assured or their servants) - loss damage or expense caused by inherent vice or nature of the subject-matter insured - loss damage or expense proximately caused by delay, even though the delay be caused by a risk insured against (except expenses payable) - loss damage or expense arising from insolvency or financial default of the owners managers charterers or operators of the vessel - 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. - 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-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. - The Underwriters 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. ACTIVE/113512750.2 - Loss, damage or expense caused by (1) war, civil war, revolution, rebellion, insurrection, or civil strife arising therefrom, or any hostile act by or against a belligerent power, (2) capture, seizure, arrest, restraint or detainment (piracy excepted), and the consequences thereof or any attempt threat, (3) derelict mines, torpedoes, bombs, or other derelict weapons of war. - Loss, damage, or expense caused by strikers, locked-out workmen, or persons taking part in labor disturbances, riots or civil commotion, resulting from strikes, lock-outs, labor disturbances, riots or civil commotions, caused by any terrorist or any person acting from a political motive.

Appears in 1 contract

Samples: Sales and Purchase Agreement (Cleanspark, Inc.)

Cargo insurance coverage limitations. The cargo insurance coverage provided by Bitmain is subject to the following limitations and exceptions: - loss damage or expense attributable to willful misconduct of the Assured - ordinary leakage, ordinary loss in weight or volume, or ordinary wear and tear of the subject-matter insured - loss damage or expense caused by insufficiency or unsuitability of packing or preparation of the subject-matter insured (for the purpose of this Clause, “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) - loss damage or expense caused by inherent vice or nature of the subject-matter insured - loss damage or expense proximately caused by delay, even though the delay be caused by a risk insured against (except expenses payable) - loss damage or expense arising from insolvency or financial default of the owners managers charterers or operators of the vessel - 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. - 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. - 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. - Loss, damage or expense caused by (1) war, civil war, revolution, rebellion, insurrection, or civil strife arising therefrom, or any hostile act by or against a belligerent power, (2) capture, seizure, arrest, restraint or detainment (piracy excepted), and the consequences thereof or any attempt threat, (3) derelict mines, torpedoes, bombs, or other derelict weapons of war. ​ ​ - Loss, damage, or expense caused by strikers, locked-out workmen, or persons taking part in labor disturbances, riots or civil commotion, resulting from strikes, lock-outs, labor disturbances, riots or civil commotions, caused by any terrorist or any person acting from a political motive.

Appears in 1 contract

Samples: Sales and Purchase Agreement (Terawulf Inc.)

AutoNDA by SimpleDocs

Cargo insurance coverage limitations. The cargo insurance coverage provided by Bitmain is subject to the following limitations and exceptions: - loss damage or expense attributable to willful misconduct of the Assured - ordinary leakage, ordinary loss in weight or volume, or ordinary wear and tear of the subject-matter insured - loss damage or expense caused by insufficiency or unsuitability of packing or preparation of the subject-matter insured (for the purpose of this Clause, “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) - loss damage or expense caused by inherent vice or nature of the subject-matter insured - loss damage or expense proximately caused by delay, even though the delay be caused by a risk insured against (except expenses payable) - loss damage or expense arising from insolvency or financial default of the owners managers charterers or operators of the vessel - 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. - 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. - 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. - Loss, damage or expense caused by (1) war, civil war, revolution, rebellion, insurrection, or civil strife arising therefrom, or any hostile act by or against a belligerent power, (2) capture, seizure, arrest, restraint or detainment (piracy excepted), and the consequences thereof or any attempt threat, (3) derelict mines, torpedoes, bombs, or other derelict weapons of war. - Loss, damage, or expense caused by strikers, locked-out workmen, or persons taking part in labor disturbances, riots or civil commotion, resulting from strikes, lock-outs, labor disturbances, riots or civil commotions, caused by any terrorist or any person acting from a political motive. 3. Bitmain’s BANK ACCOUNT info: 4. The payment shall be arranged by the Purchaser as Appendix D. 5. At any time prior to the delivery, Bitmain is entitled to, by written notice, request the Purchaser to enter into a separate purchase agreement and Bitmain and the Purchaser, if so requested, shall cooperate with Bitmain to enter into such purchase agreement and shall pay the outstanding price for the Products in accordance with the terms and conditions of this Agreement, failing which Bitmain is entitled to request the Purchaser to continue to perform its obligations under this Agreement. 6. The Purchaser shall pay [25%] of the Total Purchase Price as down payment to Bitmain within five (5) days after the signing of this Agreement, with the remaining being settled in accordance with the payment schedule set forth in this Agreement. 7. Without prejudice to the above, the unit price and the Total Purchase Price of the Product(s) and any amount paid by the Purchaser shall be all denominated in USD. Where the Parties agree that the payments shall be made in cryptocurrencies, the exchange rate between the USD and the cryptocurrency selected shall be determined and calculated as follows: (1) in the event that the Purchaser pays for any order placed on Bitmain’s official website (the “Website”, xxxx://xxx.xxxxxxx.xxx) which is valid and has not been fully paid yet, the exchange rate between the USD and the cryptocurrency fixed in such placed Order shall apply, or (2) in any other case, the real time exchange rate between the USD and the cryptocurrency displayed on the Website upon payment shall apply. The exchange rate between the USD and the cryptocurrency shall be fixed according to this provision. In any circumstance, the Purchaser shall not ask for any refund due to the change of exchange rate.

Appears in 1 contract

Samples: Supplemental Agreement to Non Fixed Price Sales and Purchase Agreement (Cipher Mining Inc.)

Cargo insurance coverage limitations. 2.1 This Clause 2 of Appendix A is only applicable if the Purchaser requests BITMAIN to send the Products pursuant to Clause 4.7. 2.2 The cargo insurance coverage provided by Bitmain BITMAIN is subject to the following limitations and exceptions: - : (a) loss damage or expense attributable to willful misconduct of the Assured - Assured; (b) ordinary leakage, ordinary loss in weight or volume, or ordinary wear and tear of the subject-matter insured - insured; (c) loss damage or expense caused by insufficiency or unsuitability of packing or preparation of the subject-matter insured (for the purpose of this Clauseparagraph, “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) (d) - loss damage or expense caused by inherent vice or nature of the subject-subject matter insured - insured (e) loss damage or expense proximately caused by delay, even though the delay be caused by a risk insured against (except expenses payable); (f) - loss damage or expense arising from insolvency or financial default of the owners managers charterers or operators of the vessel - vessel; (g) 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. - Loss; (h) 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. - The ; (i) 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. - Loss; (j) loss, damage or expense caused by (1) war, civil war, revolution, rebellion, insurrection, or civil strife arising therefrom, or any hostile act by or against a belligerent power, (2) capture, seizure, arrest, restraint or detainment (piracy excepted), and the consequences thereof or any attempt threat, (3) derelict mines, torpedoes, bombs, or other derelict weapons of war. - Loss; and (k) loss, damage, or expense caused by strikers, locked-out workmen, or persons taking part in labor disturbances, riots or civil commotion, resulting from strikes, lock-outs, labor disturbances, riots or civil commotions, caused by any terrorist or any person acting from a political motive.

Appears in 1 contract

Samples: Sales Contracts (Cipher Mining Inc.)

Cargo insurance coverage limitations. 2.1 This Clause 2 of Appendix A is only applicable if the Purchaser requests BITMAIN to send the Products pursuant to Clause 4.7. 2.2 The cargo insurance coverage provided by Bitmain BITMAIN is subject to the following limitations and exceptions: - : (a) loss damage or expense attributable to willful misconduct of the Assured - Assured; (b) ordinary leakage, ordinary loss in weight or volume, or ordinary wear and tear of the subject-matter insured - insured; (c) loss damage or expense caused by insufficiency or unsuitability of packing or preparation of the subject-matter insured (for the purpose of this Clauseparagraph, “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); (d) - loss damage or expense caused by inherent vice or nature of the subject-subject matter insured - insured; (e) loss damage or expense proximately caused by delay, even though the delay be caused by a risk insured against (except expenses payable); (f) - loss damage or expense arising from insolvency or financial default of the owners managers charterers or operators of the vessel - vessel; (g) 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. - Loss; (h) 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. - The ; (i) 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. - Loss; (j) loss, damage or expense caused by (1) war, civil war, revolution, rebellion, insurrection, or civil strife arising therefrom, or any hostile act by or against a belligerent power, (2) capture, seizure, arrest, restraint or detainment (piracy excepted), and the v1.0.0.20231008 (Antminer S21 -US) consequences thereof or any attempt threat, (3) derelict mines, torpedoes, bombs, or other derelict weapons of war. - Loss; and (k) loss, damage, or expense caused by strikers, locked-out workmen, or persons taking part in labor disturbances, riots or civil commotion, resulting from strikes, lock-outs, labor disturbances, riots or civil commotions, caused by any terrorist or any person acting from a political motive.

Appears in 1 contract

Samples: Sales Contracts (Cleanspark, Inc.)

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!