新疆前海联合财产保险股份有限公司协会海洋货物保险(A)附加险条款
附件 2
xxxxxxxxxxxxxxxxxxxxxxxx(X)附加险条款
01.协会海洋货物保险(A)附加协会罢工险(货物)条款
承保风险
风险条款
1.本保险承保下列致使保险标的物毁损或灭失的危险,但以下第 3 和 4 条的规定除外:
1.1 由于罢工工人、停工工人、或参与劳工骚扰、暴动或内乱的人所致者。
1.2 由于任何恐怖分子或因政治动机的行为所致者。
2.本保险承保因避免保险事故所致损失的共同海损及救助费用,关于其理算或认定应依据运送契约及适用的法律与惯例。
除外责任
一般除外条款
3.本保险无论如何不承保下列事项:
3.1 因被保险人的故意不当行为所致使的毁损、灭失或费用;
3.2 保险标的物之正常漏损、重量或容量的正常减少或自然耗损;
3.3 因保险标的物之包装或配制不固、不当所致使的毁损、灭失或费用(本条款 3.3 所指的“包装”包括货柜或货箱内的堆放,但此项堆放以完成于本保险生效前或由被保险人或其受雇人所为为限);
3.4 因保险标的物之固有瑕疵或本质所致使的毁损、灭失或费用;
3.5 直接因迟延所致使的毁损、灭失或费用,即使此项迟延是因承保危险所致使。(但上述第 2 条可支付的费用则不在此限);
3.6 因船舶所有人、经理人、租船人或营运人的无力偿债或财务失信所引起的毁损、灭失或费用;
3.7 由于罢工、停工、劳工骚扰、暴动或内乱所致使任何类型劳工的缺席、不足或拒绝工作下所造成的毁损灭失或费用;
3.8 因航程或航行受阻所引起的任何索赔;
3.9 因使用核子分裂、融合、其他类似反应或放射性力量或放射性物质之武器所致使的毁损、灭失或费用;
3.10 由于战争、内战、革命、叛乱、颠覆或因而引起的内乱,或来自/对抗交战国的敌对行为所致使的毁损灭失或费用。
不适航和不适运除外条款
4.1 本保险无论如何,不承保下列事项所引起的毁损灭失或费用:
4.1.1 船舶或驳船不适合安全航行。
4.1.2 船舶、驳船、运输工具、货柜或货箱不适合保险标的物的安全装运;
但上述不适航、不适运,以被保险人或其受雇人于保险标的物装船时已知道为限。
4.2 保险人放弃运载保险标的至目的地的船舶违反适航和船舶适货的任何默示保证,但被保险人或其受雇人对于此项不适航或不适运已知道的则不在此限。
保险期间
运送条款
5.1 本保险自货物离开本保险单所载明地点的仓库或储存处所开始运输时生效。经正常的运送过程,于下述的其一情况下为止。
5.1.1 交付与本保险单所载明目的地收货人所属或其他最终的仓库或储存处所;
5.1.2 交付与本保险单所载明目的地或其途中任何其他仓库或储存处所,而由被保险人用为:
5.1.2.1 正常运送过程以外的货物储存,或
5.1.2.2 货物的分配或分发;或者
5.1.3 被保险货物自货轮于最终卸货港卸下完毕之日起届满 60 天。以上三种终止情形以最先发生的为准。
5.2 如被保险货物于最终卸货下完毕后,而在本保险尚未终止时,却再运往本保险单所载明以外的其他目的地时,那本保险的效力,除仍受前述保险终止的约定限制外,应于该货物开始再运往其他目的地时终止。
5.3 本保险对于非由被保险人所能控制的迟延、偏航、被迫卸货、重运或转船,以及依据运送契约授权船东或船舶租用人自由权而产生的任何航程变更的期间内继续有效(但仍受上述终止约定,及以下第 6 条的限制)。
运送契约终止条款
6.在被保险人无法控制的情况下,运送契约在原定目的港以外的港口或地点终止,或因其他缘故在货物未能如前述第 5 条的约定交货前,该运送已告终止时,则本保险亦同时终止,除非保险人立即接获通知并被要求继续保险效力,并于必要时加收保险费,则本保险仍然有效,并于下述的其一情况下为止。
6.1 货物已在该港或该地出售并交付,又如无其他特别的约定,则以被保险货物到达该港或该地届满 60 天,二者以最先发生的情况为准。
6.2 如货物在上述 60 天内(或任何协议延长的期间内)运往本保险所订的目的地或其他目的地时,本保险的效力依上述第 5 条的约定终止。
航程变更条款
7.本保险生效后,如被保险人变更目的地,应立即通知保险人,本保险按另行确定的保险费和承保条件暂予承保。
理赔
保险利益条款
8.1 被保险人在损害发生时,须对被保险标的物具有保险利益,始能要求保险赔偿。
8.2 依上述 8.1 的约定,被保险人对保险期间内所发生被保物的损失,有权利要求赔偿,即使损失发生于保险契约签订之前,但被保险人知道损害已经发生而保险人不知情,则不在此限。
增值条款
9.1 若被保险人对本保险的货物投保增加保险价值时,该货物的协议价值应视同承保货物保险总价值与增加保险价值之和,而本保险之责任则按其保险金额占上述保险总金额之比例分担。索赔时被保险人须向保险人提供所有其他保险有在保险金额的证明。
9.2 本保险为增值保险时,必须适用下列条款:
被保险人投保同一损害危险的增值保险,该货物的协议价值应视为原保险与全部增值保险二者金额的总和,而本保险的责任则按其保险金额占上述保险总金额的比例分担。索赔时被保险人须向保险提供所有其他保险有关保险金额的证明。
保险的利益
不受益条款
10.承运人或其他受托人不得享用本保险的利益。
损失的减轻
被保险人义务条款
11.被保险人及其受雇人及代理人对保险的可赔损失,应尽下列义务:
11.1 应采取避免或减轻上述损失的适当措施。及
11.2 保证对承运人、受托人或其他第三方追偿的所有权利被适当保留和行使。保险人同意除本保险可得的任何损失赔偿外,对于被保险人为履行上述义务所作适当、合理支出的一切费用另予补偿。
放弃条款
12.被保险人或保险人为救助、保护或恢复保险标的物所采取的措施,不得视为放弃或接受委付或以其他方式损害任何一方当事人的权益。
迟延之避免
合理处置条款
13.被保险人在其所能控制的一切情况下应作合理而迅速的处理,此为本保险的必要条件。
法律和惯例条款
14.本保险以英国法律及惯例为依据。
注意:当被保险人知悉本保险为“暂予承保”的情况发生时,应立即通知保险人。而此保险的权利,则依据被保险人对上述通知义务的履行。
INSTITUTE STRIKES CLAUSES (CARGO)
RISKS COVERED
1 This insurance covers, except as provided in Clauses 3 and 4 below, loss of or damage to the subject-matter insured caused by
1.1 strikers, locked-out workmen, or persons taking part in labour disturbances, riots or civil commotions
1.2 any terrorist or any person acting from a political motive,
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 a risk covered under these clauses.
EXCLUSIONS
3 In no case shall this insurance cover
3.1 loss damage or expense attributable to wilful misconduct of the Assured
3.2 ordinary leakage, ordinary loss in weight or volume, or ordinary wear and tear of the subject-matter insured
3.3 loss damage or expense caused by insufficiency or unsuitability of packing or preparation of the subject-matter insured (for the purpose of this Clause 3.3 “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)
3.4 loss damage or expense caused by inherent vice or nature of the subject-matter insured
3.5 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)
3.6 loss damage or expense arising from insolvency or financial default of the owners managers charterers or operators of the vessel
3.7 loss damage or expense arising from the absence shortage or withholding of labour of any description whatsoever resulting from any strike, lockout, labour disturbance, riot and civil commotion
3.8 any claim based upon loss of or frustration of the voyage or adventure
3.9 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
3.10 loss damage or expense caused by war civil war revolution rebellion insurrection, or civil strife arising therefrom, or any hostile act by or against a belligerent power.
4 4.1 In no case shall this insurance cover loss damage or expense arising fromunseaworthiness 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.
4.2 The Underwriters waiver 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.
DURATION
5 5.1 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
5.1.1 on delivery to the Consignees’ or other final warehouse or place of storage at the destination named herein,
5.1.2 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
5.1.2.1 for storage other than in the ordinary course of transit or
5.1.2.2 for allocation or distribution, or
5.1.3 on the expiry of 60 days after completion of discharge overside of the goods hereby insured from the oversea vessel at the final port of discharge,
5.1.4 whichever shall first occur.
5.2 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.
5.3 This insurance shall remain in force (subject to termination as provided for above and to the provisions of Clause 6 below) during delay beyond the control of the Assured, any deviation, forced
discharge, reshipment or transhipment and during any variation of the adventure arising from the exercise of a liberty granted to shipowners or charterers under the contract of
affreightment.
6 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 5 above, then this insurance shall also terminate unless prompt notice is given to the Underwriters and continuation of cover is requested when the insurance shall remain in force subject to an additional premium if required by the Underwriters, either
6.1 until the 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
6.2 if the goods are forwarded within the said period of 60 days (or any agreed extension thereof) to thedestination named herein or to any other destination, until terminated in accordance with the provisions of Clause 5 above.
7 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.
CLAIMS
8 8.1 In order to recover under this insurance the Assured must have an insurable interest in the subject-matter insured at the time of the loss.
8.2 Subject to 8.1 above, the Assured shall be entitled to recover for insured loss occurring during the period covered by this insurance, notwithstanding that the loss occurred before the contract of insurance was concluded, unless the Assured were aware of the loss and the Underwriters were not.
9 9.1 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.
9.2 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.
BENEFIT OF INSURANCE
10 This insurance shall not inure to the benefit of the carrier or other bailee.
MINIMISING LOSSES
11 It is the duty of the Assured and their servants and agents in respect of loss recoverable hereunder
11.1 to take such measures as may be reasonable for the purpose of averting or minimising such loss,
and
11.2 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.
12. 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.
AVOIDANCE OF DELAY
13 It is a condition of this insurance that the Assured shall act with reasonable despatch in all circumstances within their control.
LAW AND PRACTICE
14 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.
02.协会海洋货物保险(A)附加协会战争险(货物)条款
承保风险
危险条款
1.本保险承保,除下列第 3 和 4 条款规定者外的,由下列原因造成的保险标的的损失或损害。
1.1 战争、内战、革命、叛乱、颠覆或因而引起的内乱,或任何交战方之间的敌对行为。
1.2 由上述第 1.1 款承保的风险引起的捕获、扣押、扣留或羁押以及此种行为结果或任何进行此种行为的企图。
1.3 被遗弃的水雷、鱼雷、炸弹或其他被遗弃战争武器。共同海损条款
2.本保险承保因避免保险事故所致损失的共同海损及救助费用,关于其理算或认定应依据运送契约及适用的法律与惯例。
除外责任
一般除外条款
3.本保险无论如何不承保下列事项:
3.1 归因于被保险人之故意不当行为所致之毁损、灭失或费用;
3.2 保险标的物的正常漏损、重量或容量的正常减少或自然耗损;
3.3 因保险标的物之包装或配制不固、不当所致使的毁损、灭失或费用(本条款 3.3 所指的“包装”包括货柜或货箱内的堆放,但此项堆放以完成于本保险生效前或由被保险人或其受雇人所为为限);
3.4 因保险标的物之固有瑕疵或本质所致使的毁损、灭失或费用;
3.5 迟延直接造成的损失、损害或费用,即使该延迟是由承保风险引起的(但根据上述第 2 条支付的费用除外)
3.6 因船舶所有人、经理人、租船人或营运人的无力偿债或财务失信所引起的毁损、灭失或费用;
3.7 因航程或航行受阻所引起的任何索赔;
3.8 因使用原子或核裂变和/或聚变或其他类似反应或放射性力量或物质所制造的战争武器产生的毁损、灭失或费用。
不适航和不适运除外条款
4.1 本保险无论如何,不承保下列事项所致之毁损、灭失或费用:
4.1.1 船舶或驳船不适航;
4.1.2 船舶、驳船、运输工具、货柜或货箱不适合保险标的物的安全装运。
但上述不适航、不适运,以被保险人或其受雇人于保险标的物装船时已知道为限。
4.2 保险人放弃运载保险标的至目的地的船舶违反适航和船舶适货的任何默示保证,但被保
险人或其受雇人对于此项不适航或不适运已知道的则不在此限。
保险期间
运送条款
5.1 本保险
5.1.1 自保险标的或任何部分装上海船开始生效,并且
5.1.2 除下文第 5.2 和 5.3 条另有规定外,终止于保险标的或任何部分在最后卸货港或地点卸离海船时或者当船舶到达最后卸货港或地点当日午夜算起届满 15 天时,二者以先发
生者为准,然而,如果保险人立即接获通知并加收保险费,则本保险
5.1.3 在保险标的仍未在最后卸货港或地点卸货,而船舶从那里开航时持续有效,并且
5.1.4 除下列第 5.2 和 5.3 条另有规定外,终止于保险标的或任何部分在最后(或替代)卸货港或地点卸离船舶之时,或者自船舶重新到达最后卸货港或地点,或到达替代港口或地点当日午夜算起届满 15 天之时,二者以先发生者为准。
5.2 如果在所保航程期间,海船抵中途港口或地点卸下保险标的由海船或航空器续运,或者货物在避难港或地点卸离船舶,依据下列 5.3 条并于必要时加收保费,本保险在由船舶到达该港口或地点当日午夜起届满 15 天内仍然有效,但其后于保险标的或任何部分,装上续运海船或航空器时重新开始。在卸离海船后的 15 天期间,仅在该保险标的及其任何部分同时处于该港口或地点的条件下,本保险继续有效。如果货物在所述 15 天期间内被续运或本保险根据第 5.2 条规定重新生效。
5.2.1 在由海船续运的情况下,本保险责任按这些条文的条款继续,或者
5.2.2 在由航空器续运的情况下,现行协会航空货物战争险条款(邮递除外)视为本保险的一部分并适用于航空续运。
5.3 如果运输合同的航程在本保险约定的目的地以外的港口或地点终止,那么该港口或地点视为最后卸货港,本保险根据第 5.1.2 条终止。如果保险标的其后被重新发运到原来或任何其他目的地,那么该继续运送开始前通知了保险人并支付附加保险费的条件下,本保险责任重新开始于
5.3.1 保险标的及任何部分装上续运船舶之时,如果保险标的已经卸下;
5.3.2 船舶从该最后卸货港开航之时,如果保险标的没有卸下;其后本保险根据第 5.1.4 条终止。
5.4 本保险承保的漂浮或水下水雷和被遗弃的鱼雷风险,扩展至保险标的或其任何部分于转运到或转运自海船的驳船上期间,但除经保险人特别同意外,不超过卸离海船后 60 天。
5.5 以迅速通知保险人,和按保险人的要求支付附加保险费为条件,在绕航或因船东或承租人行使根据运输合同赋予的自由权产生的航海变更期间,本保险在这些条款规定的范围内继续有效。
(第 5 条所指“到达”是指船舶在港口当局地区界限内抛锚、系泊或以其他方式固定在一个泊位或地点。若无此种泊位或地点可用,当船舶首次抛锚、系泊或以其他方式固定在预定的卸货港口或地点或之外时,认为已经到达。“海船”是指载运保险标的从一个港口或地点到另一个港口或地点的船舶,如果此种航程包含由该船运送的海上航段。)
航程变更条款
6.本保险生效后,如被保险人变更目的地,应立即通知保险人,本保险按另行确定的保险费和承保条件暂予承保。
7.本合同中任何与第 3.7、3.8 或 5 条不一致的地方,将视作无效。
索赔
保险利益条款
8.1 被保险人在损失发生时,须对被保险标的物具有保险利益,始能要求保险赔偿。
8.2 根据上述 8.1 规定,被保险人有权取得本保险承保期间发生的承保损失的赔偿,即使该损失发生在本保险合同订立之前,但在缔约时被保险人知道损害已经发生而保险人并不知情,则不在此限。
增值条款
9.1 如果对被保险货物由被保险人办理了增加价值保险,货物的保险价值就应视为增加至承保损失的本保险和所有增加价值保险的保险金额的总和,本保险的责任按照本保险的保险金额占此种保险金额的总和的比例计算。索赔时被保险人须向保险人提供所有其他保险的保险金额的证据。
9.2 如果本保险是增加价值保险,应适用下列条款:货物的保险价值应视为等于由被保险人对货物办理的承保损失的原始保险和所有增加价值保险的保险金额的总和,本保险的责任按本保险的保险金额占此种保险金额的总和的比例计算。
索赔时被保险人须向保险人提供所有其他保险的保险金额的证据。
保险的利益
不受益条款
10.承运人或其他受托人不得享用本保险之利益。
损失的减轻
被保险人义务条款
11.对可取得赔偿的损失,被保险人及其雇员和代理人有义务
11.1 采取为避免或尽量减少此种损失可能是合理的措施,并
11.2 保证对承运人、受托人或其他第三方追偿的所有权利被适当保留和行使。保险人同意除本保险可得的任何损失赔偿外,对于被保险人为履行上述义务所作适当、合理支出的一切费用另予补偿。
放弃条款
12.被保险人和保险人采取的旨在救助、保护或恢复保险标的的措施,不得视为放弃或接受委付或以其他方式损害任何一方当事人的权益。
迟延之避免
合理处置条款
13.被保险人在其所能控制的一切情况下应作合理而迅速的处理,此为本保险的必要条件。
法律和惯例条款
14.本保险以英国法律及惯例为依据。
注意:被保险人在知悉根据本保险“暂予承保”的事件发生时有必要向保险人发出迅速的通知,此种承保的权利取决于履行这项义务。
INSTITUTE WAR CLAUSES (CARGO)
RISKS COVERED
1 This insurance covers, except as provided in Clauses 3 and 4 below, loss of or damage to the subject-matter insured caused by
1.1 war civil war revolution rebellion insurrection, or civil strife xxxxxxx xxxxxxxxx, or any hostile act by or against a belligerent power
1.2 capture seizure arrest restraint or detainment, arising from risks covered under 1.1 above, and the consequences thereof or any attempt thereat
1.3 derelict mines torpedoes bombs or other derelict weapons of war.
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 a risk covered under these clauses.
EXCLUSIONS
3 In no case shall this insurance cover
3.1 loss damage or expense attributable to wilful misconduct of the Assured
3.2 ordinary leakage, ordinary loss in weight or volume, or ordinary wear and tear of the subject-matter insured
3.3 loss damage or expense caused by insufficiency or unsuitability of packing or preparation of the subject-matter insured (for the purpose of this Clause 3.3 “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)
3.4 loss damage or expense caused by inherent vice or nature of the subject-matter insured
3.5 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)
3.6 loss damage or expense arising from insolvency or financial default of the owners managers charterers or operators of the vessel.
3.7 any claim based upon loss of or frustration of the voyage or adventure
3.8 loss damage or expense arising from any hostile use of any weapon of war employing atomic or nuclear fission and/or fusion or other like reaction or radioactive force or matter.
4 4.1 In no case shall this insurance cover loss damage or expense arising fromunseaworthiness 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.
4.2 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.
DURATION
5 5.1 This insurance
5.1.1 attaches only as the subject-matter insured and as to any part
as that part is loaded on an oversea vessel and
5.1.2 terminates, subject to 5.2 and 5.3 below, either as the subject-matter insured and as to any part as that part is discharged from an oversea vessel at the final port or place of discharge,
or
on expiry of 15 days counting from midnight of the day of arrival of the vessel at the final port or place of discharge, whichever shall first occur.
nevertheless,
subject to prompt notice to the Underwriters and to an additional premium, such insurance
5.1.3 reattaches when, without having discharged the subject-matter insured at the final port or place of discharge, the vessel sails therefrom,
5.1.4 terminates, subject to 5.2 and 5.3 below, either as the subject-matter insured and as to any part as that part is thereafter discharged from the vessel at the final (or substituted) port or place of discharge,
or
on expiry of 15 days counting from midnight of the day of re-arrival of the vessel at the final port or place of discharge or arrival of the vessel at a substituted port or place of discharge,
whichever shall first occur.
5.2 If during the insured voyage the oversea vessel arrives at an intermediate port or place to discharge the subject-matter insured for on-carriage by oversea vessel or by aircraft, or the goods are discharged from the vessel at a port or place of refuge, then, subject to 5.3 below and to an additional premium if required, this insurance continues until the expiry of 15 days counting from midnight of the day of arrival of the vessel at such port or place, but thereafter reattaches as the subject-matter insured and as to any part as that part is loaded on an on-carrying oversea vessel or aircraft. During the period of 15 days the insurance remains in force after discharge only whilst the subject-matter insured and as to any part as that part is at such port or place. If the goods are on-carried within the said period of 15 days or if the insurance reattaches as provided in this Clause 5.2
5.2.1 where the on-carriage is by oversea vessel this insurance continues subject to the terms of these clauses,
or
5.2.2 where the on-carriage is by aircraft, the current Institute War
Clauses (Air Cargo) (excluding sendings by Post) shall be deemed to form part of this insurance and shall apply to the on-carriage by air
5.3 If the voyage in the contract of carriage is terminated at a port or place other than the destination agreed therein, such port or place shall be deemed the final port of discharge and such insurance terminates in accordance with 5.1.2. If the subject-matter insured is subsequently reshipped to the original or any other destination, then provided notice is given to the Underwriters before the commencement of such further transit and subject to an additional premium, such insurance reattaches
5.3.1 in the case of the subject-matter insured having been discharged, as the subject-matter insured and as to any part as that part is loaded on the on-carrying vessel for the voyage;
5.3.2 in the case of the subject-matter insured not having been discharged, when the vessel sails from such deemed final port of discharge;
thereafter such insurance terminates in accordance with 5.1.4.
5.4 The insurance against the risks of mines and derelict torpedoes, floating or submerged, is extended whilst the subject-matter insured or any part thereof is on craft whilst in transit to or from the oversea vessel, but in no case beyond the expiry of 60 days after discharge from the oversea vessel unless otherwise specially agreed by the Underwriters.
5.5 Subject to prompt notice to Underwriters, and to an additional premium if required, this insurance shall remain in force within the provisions of these Clauses during any deviation, or any variation of the adventure arising from the exercise of a liberty granted to shipowners or charterers under the contract of affreightment.
(For the purpose of Clause 5“arrival” shall be deemed to mean that the vessel is anchored, moored or otherwise secured at a berth or place within the Harbour Authority area. If such a berth or place is not available, arrival is deemed to have occurred when the vessel first anchors, moors or otherwise secures either at or off the intended port or place of discharge“oversea vessel” shall be deemed to mean a vessel carrying the subject-matter from one port or place to another where such voyage involves a sea passage by that vessel)
6 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.
7 Anything contained in this contract which is inconsistent with Clauses 3.7, 3.8 or 5 shall, to the extent of such inconsistency, be null and void.
CLAIMS
8 8.1 In order to recover under this insurance the Assured must have an insurable interest in the subject-matter insured at the time of the loss.
8.2 Subject to 8.1 above, the Assured shall be entitled to recover for insured loss occurring during the period covered by this insurance, notwithstanding that the loss occurred before the contract of insurance was concluded, unless the Assured were aware of the loss and the Underwriters were not.
9 9.1 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.
9.2 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.
BENEFIT OF INSURANCE
10 This insurance shall not inure to the benefit of the carrier or other bailee.
MINIMISING LOSSES
11 It is the duty of the Assured and their servants and agents in respect of loss recoverable hereunder
11.1 to take such measures as may be reasonable for the purpose of averting or minimising such loss,
and
11.2 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.
12 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.
AVOIDANCE OF DELAY
13 It is a condition of this insurance that the Assured shall act with reasonable despatch in all circumstances within their control.
LAW AND PRACTICE
14 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.
03.协会海洋货物保险(A)附加协会船级保险条款合格的船舶
1.本保险单或预约报单所约定的保险和海上运输保险费率仅适用于加入以下船级社的钢质自航船所载的货物:
1.1 国际船级社协会的成员
1.2 条款 4 中所定义的国旗船级社,但是这些船舶应仅从事该国沿海运输(包括从事该国所属的岛屿之间的运输)
不在上述船级范围的船舶所承运的货物应立即通知保险人,并得到保险人对费率和条件的同意。对与保险人达成协议前发生的损失的保障,仅限于根据合理的市场费率和合理的市场条款可行的范围。
船龄限制
2.由上述合格船舶所承运的货物,若承运船舶船龄超过以下的限制,在被保险人支付额外保费的前提下,本保险或预约保险仍然有效:
散装货船、多用途货船船龄超过 10 年,其它类型船舶船龄超过 15 年,除非是:
2.1 在特定范围的港口之间从事固定的、有规律的杂货贸易运输,船龄不超过 25 年。
2.2 集装箱船、滚装船或双壳开口龙门吊机船,一直在特定范围的港口间从事固定的、有规律的贸易运输,船龄不超过 30 年。
驳船条款
3.本条款的要求不适用于在港口区域对船舶进行装卸操作的驳船国旗船级社
4.国旗船级社是指位于船舶的船籍所在国的船级社;立即通知
5.本保险要求被保险人立即通知保险人,被保险人获得赔偿的权利取决于他履行上述义务的情况;
6.本附加条款与主险条款内容相悖之处,以本附加条款为准;未尽之处,以主条款为准。
INSTITUTE CLASSIFICATION CLAUSE
QUALIFYING VESSELS
This insurance and the marine transit rates as agreed in the policy or open cover apply only to cargoes and/or interests carried by mechanically self-propelled vessels of steel construction classed with a Classification Society which is:
1.1 a Member or Associate Member of the International Association of Classif ication Societies (IACS), or
1.2 a National Flag Society as defined in Clause 4 below, but only where th e vessel is engaged exclusively in the coastal trading of that nation (Incl uding trading on an inter-island route within an archipelago of which that nation forms part).
Cargoes and/or interests carried by vessels not classed as above must be noti fied promptly to underwriters for rates and conditions to be agreed. Should x x oss occur prior to such agreement being obtained cover may be provided but only if cover would have been available at a reasonable commercial market rat e on reasonable commercial market terms.
AGE LIMITATION
2) Cargoes and/or interests carried by Qualifying Vessels (as defined above) whic h exceed the following age limits will be insured on the policy or open cover c onditions subject to a additional premium to be agreed.
Bulk or combination carrier over 10 years of age or Other vessels over 15 yea rs of age unless they
2.1 have been used for the carriage of general cargo on an established and regular pattern of trading between a range of specified ports, and do no t exceed 25 years of age, or
2.2 were constructed a s containerships, vehicle carriers or double-skin open- hatch gantry crane vessels (OHGCs) and have been continuously used a s such on an established and regular pattern of trading between a range d of specified ports, and do not exceed 30 years of age
CRAFT CLAUSE
3) The requirements of this Clause do not apply to any craft used to load or unlo ad the vessel within the port area
NATIONAL FLAG SOCIETY
4) A National Flag Society is a Classification Society which is domiciled in the sa me country as the owner of the vessel in question which must also operate un der the flag of that country.
PROMPT NOTICE
5) Where this insurance requires the assured to give prompt notice to the Underw riters, the right to cover is dependent upon compliance with that obligation. LAW AND PRACTICE
6) This insurance is subject to English law and practice.
The joint cargo committee (JCC) circulated a draft of the revised Institute Classifica tion Clause to a wide audience under its circular JC 2000/0007 dated 29 October 2000. Following this Procedure the JCC received a wide spread of comment relatin g to the draft. The committee has now agreed the final version of the clause, and a copy, dated 1 January 2001, is attached. The only amendment from the previous ly circulated draft is a change to the numbering of the sub-clauses under clause 2 to bring it into line with other Institute clauses.The attached drafting notes have al so been prepared which outline the major issues dealt with during this latest amen dment to the clause. These notes have been updated from those issued on 29 Se ptember to clarify some of the issues brought out during the consultation process. The new clause is available for use on new business and renewals with immediate effect.
The Institute Classification Clause 1/8/97 will be withdrawn from circulation on a da te to be advised.
Institute Classification Clause 1/1/2001: Drafting Points.
(1) the word "insurance" has been added in Clause 1 to emphasize that non-c ompliance with the Classification Clause goes directly to the validity of cov er and not only to the rate of premium.
(2) The clause refers to "…vessels of steel construction…"the JCC would rega rd this term as also encompassing vessels constructed of aluminium alloy.
(3) It has been decided by the JCC that it is no longer appropriate to nominat e particular classification societies but, instead, to accept all societies who are full or associate members of IACS
(Clause 1.1). Reference is made in a footnote to the current IACS website, which contains a current list of member societies.
(4) Which there is coastal trading (Clause 1.2) the JCC will also recognise cla ssification with National Societies as defined in Clause 4. It should be reco gnised that, where felt appropriate by underwriters, a National Flag Society could include a governmental maritime authority vested with the power to issue trading licences and certificates.
(5) It is to be noted that vessels not classed with IACS or a national flag soc iety "must be" promptly notified to underwrites. Both rates and conditions must be "separately" agreed.
(6) The JCC has decided to retain the 10 year age limit for bulkers, this bein g in accordance with the technical advice received and soundings in the in ternational markets through questionnaires. The JCC has decided that, in t he light of technical information received, larger tankers over 10 years of a ge no longer call for special treatment and the age limitation before an AP is payable becomes 16 years.
(7) The JCC has decided to modify the concept of liner trade routes for vesse l carrying general cargo to bring it more into line with current trading patte rns. The JCC has also introduced in Clause 2.2, after consultation with bot h insurance markets and shipowners, a completely new concept excepting
certain containerships, open hatch gantry crane vessels and vehicle carrier s from the age limits, though an upper age limit of 30 yeas is still impose d
(8) cargoes carried by ship's falling within the classification requirements but o utside the age limits may ,as before , be insured on cover terms but at ra tes to be agreed.
(9) underwriters will require other vessels not falling within the accepted classif ication societies to be notified promptly for rates and conditions to be agre ed.
(10) a new clause takes the place of the earlier "held covered" provision. This new clause represents the English law position as to "held covered" as it currently stands, and has the effect of no change from the position under the current wording. It was felt that there had been misunderstandings in s ome quarters as to what was meant by "held covered" and that some ela boration would be helpful. Evidence of "market terms" would require an ex ercise to establish what terms might be obtainable in the market place i.e. from a representative sample of underwriters active in the class of under writing cargo business. The fact that one underwriter might quote for a risk generally regarded as unacceptable by such a representative sample of u nderwriters, would not avoidance that the risk could be insured at a "reaso nable commercial market" rate/terms. The collective view of such a sample would represent the market position.
(11) The Craft Clause (providing that the classification clause does not apply to craft used to load or unl0ad the vessel within the port area) has been up dated to omit the words "raft and lighter" as these are included in the wor d "craft". The new Craft Clause has been added as a note of the end of Classification Clause, where it is more appropriately
(12) In line with the Institute Clauses it made clear that the insurance as subje ct to English law and practice.
04.协会海洋货物保险(A)附加转运条款
x保险扩展承保货物转载或者内陆运输过程中所发生的损失,被保险人无需另缴纳保费。 TRANSSHIPMENT
This policy extends to cover transshipment or inland transit with no additional premium charged to the Insured.
05.协会海洋货物保险(A)附加协会重置条款
如保险设备的单个或多个部件发生保险单范围内的损失,保险人的赔偿责任仅限于保险设备的单个或多个部件的重置或修理费用附加可能发生的运输和重新安装费用。另外,除非保险金额是保险货物的完税价,否则保险人不负责完税的赔偿责任,但由于保险货物损失而产生的额外关税,保险人负责赔偿。
无论何种情况,在本条款下保险人的赔偿责任不超过保险设备的保险价值。 INSTITUTE REPLACEMENT CLAUSE 1/1/34
In the event of loss of or damage to any part or parts of an insured machine caused by a peril covered by the Policy the sum recoverable shall not exceed the cost of replacement or repair of such part or parts plus charges for forwarding and refitting, if incurred, but excluding duty unless the full duty is included in the amount insured, in which case loss, if any, sustained by payment of additional duty shall also be recoverable.
Provided always that in no case shall the liability of Underwriters exceed the insured value of the complete machine.
06.协会海洋货物保险(A)附加协会偷窃、提货不着险条款
在加收额外保费下,本保险可同意承保由于偷窃、抢盗或整批货物不能送达目的地所致使保险标的物的毁损或灭失。而此一般包括于本保险的除外承保范围中。
INSTITUTE THEFT, PILFERAGE AND NON-DELIVERY CLAUSE 1/12/82
In consideration of an additional premium, it is hereby agreed that this insurance covers loss of or damage to the subject-matter insured caused by theft or pilferage, or by non-delivery of an entire package, subject always to the exclusions contained in this insurance.
07.协会海洋货物保险(A)附加隐藏损坏条款(90天)
兹经双方同意,在货物到达最后指定的目的地后90天内在打开包装或打开集装箱、箱子或者包裹时发现的由于承保风险所造成的损失,保险人应当视同该损失在货物到达后被立即发现,如果该损失能够合理地归结于在本保单承保范围内发生将予以赔偿。
但是任何有外部受损痕迹的集装箱,箱子和/或包裹在抵达后应立即开箱检查。 CONCEALED DAMAGE CLAUSE (90 DAYS)
It is understood and agreed that in respect of shipments insured hereunder which are received at destination but not unpacked, this policy is extended to cover losses arising from perils insured against while in transit, which are not ascertained until the opening of the packages, provided such opening occurs not later than ninety (90) days after arrival at destination and, in the absence of proof to the contrary, such losses are to be considered as having occurred during the voyage covered under this policy.
Nothing contained herein, however, shall be construed to limit the coverage elsewhere provided herein.
08.协会海洋货物保险(A)附加装卸条款
兹经双方同意,本保单扩展承保在机动车装载或卸载过程中所造成的被保财产的损失。 LOADING & UNLOADING ON/OFF THE VEHICLE
It is understood and agreed that, effective from inception, this policy is extended to cover loading and unloading on and off the carrying vehicles.
09.协会海洋货物保险(A)附加吊装风险条款
兹经双方同意,本保险单扩展承保由于任何起重机、动力起重设备或未领取牌照的机动车或其附属设备直接或间接造成的被保险财产的损失,但不包括吊装设备和机械本身。
HOISTING RISKS
It is hereby noted and agreed that this Policy shall be extended to cover loss of or damage to the insured property caused by the hoisting risks, but not be extended to cover equipments and machinery.
10.协会海洋货物保险(A)附加车辆装载物扩展条款
兹经双方同意并约定,本保险合同扩展承保装载被保险人货物的车辆在尚未卸货的情况下在保单载明的场所内过夜,对该货物遭受本保单承保的风险所致的损失。
VEHICLE LOAD CLAUSE
In the event of any of the Insured’s vehicles being left loaded overnight whilst in and/or on the premises described in the specification hereto the Insurer will indemnify the Insured in respect of such load in the event of Damage by any of the perils insured against by this Policy.
11.协会海洋货物保险(A)附加神秘失踪条款
兹经双方同意,本保单扩展承保所有的被保险货物,包括作为运输工具的机动车辆全部失踪,这种失踪没有确切的证据证明是由于盗窃、抢夺或抢劫或者其他原因造成的。
MYSTERIOUS DISAPPEARANCE
It is hereby agreed that this policy extends to cover the whole insured goods including carrying vehicle all disappear without any exact evidence showing it is due to theft, robbery or hijack, or other cause.
12.协会海洋货物保险(A)附加错误和遗漏条款
x保险不因申报中非故意的延迟、错误、遗漏或疏忽而失效,前提是被保险人在获知此等情况时尽快通知保险人,并按要求缴纳相应的保费。
ERRORS AND OMISSIONS CLAUSE
This insurance shall not be vitiated by any unintentional delay, error, omission or oversight in making declarations, provided the same be communicated to the Insurer(s) as soon as practicable after the said facts becomes known to the Assured and deficiency of premium, if any, made good.
13.协会海洋货物保险(A)附加不可控制条款
在本保单保证事项中,若有不为被保险人所知或不为其所控制的部分被违反,不影响本保单效力,但被保险人必须保证已克尽职守。
NO CONTROL CLAUSE
Any breach of the within warranties in this Policy without the knowledge and consent of the Insured shall not prejudice this insurance, provided due diligence be exercised by the insured to ensure that same are complied with.
14.协会海洋货物保险(A)附加不可失效条款本公司同意,本保险不因以下原因失效:
若被保险人因不了解、疏忽或其他自身不可控制的因素而使被保险财产的危险程度增加,本保单不因此而失效。但被保险人必须在获悉该变化的同时,立即通知本公司,并缴纳因危 险程度增加而需补缴的附加保险费。
工人进行通常维护或类似目的的修理改造。
NON-INVALIDATION CLAUSE
It is hereby agreed that the insurance shall not be invalidated by:
(a) any change or occupancy or increase of risk taking place in the property insured without the Insured's knowledge provided that they shall, immediately on the same coming to their knowledge, advise the insurers and pay any additional premium that may be required from the date of such increase of risk.
(b)workmen on the premises for the purpose of effecting repairs minor alternations of general
maintenance purpose and the like. 15.协会海洋货物保险(A)附加违犯保证条款
对本保单下的特约条件与保证事项,若仅针对某一方面而非全部,则被保险人任何违犯特约条件与保证事项的行为,将使本保单对该部分的保障失效,但不影响保证条款中未涉及方面的效力。
本保单所载其他条件不变。 BREACH OF CONDITION CLAUSE
The conditions and warranties of this Policy shall apply individually to each of the risks insured and not collectively to them. Thus a breach in any condition or warranty shall void the section only in respect of all the risks to which that breach applied and does not affect the section in respect of the other risks.
Subject otherwise to the terms, exceptions and conditions of this Policy. 16.协会海洋货物保险(A)附加损失通知条款
兹约定,本保险项下的的赔偿责任不因被保险人的非故意地疏忽延迟或遗漏向本公司报告损失或可能导致损失的情况而受拒付。本保险单所载其他条件不变。
本条款单所载其他条件不变。 LOSS NOTIFICATION CLAUSE
Notwithstanding anything contained herein to the contrary, it is hereby declared and agreed that this insurance will not be prejudiced by any inadvertent delays, errors , or omission in notifying the insurers of any circumstances or event giving rise or likely to give rise to a claim inside this policy. Subject otherwise to this Limits, Terms, Exceptions and Conditions of this Policy.
17.协会海洋货物保险(A)附加指定损失公估人条款
兹经双方同意并约定,在本保单项下发生的损失,委托如下保险公估人进行查勘、估损和理算等工作,公估费用由保险人承担。
本条款单所载其他条件不变。
It is hereby agreed and understood that in case of claim, the insurer will appoint the nominated loss adjuster to conduct site investigation, loss adjusting and claim adjustment and other related work from following list, the loss adjuster fee will be paid by the Insurer.
This Clause is subject otherwise to the terms, conditions and exceptions of this
Policy.
18.协会海洋货物保险(A)附加施救条款
如果发生可能的或实际的损失时,被保险人或其代理人或相关被指派人员等有义务、有必要尽力抢救、保护、恢复被保险财产;对于被保险人或保险人为恢复,救助,保留被保险财产所采取的行动,不应视为弃权或接受委付。根据施救费用所占保额的比例及数量,保险人负责赔付施救费用。
SUE & LABOR CLAUSE
In case of any imminent or actual loss or misfortune, it shall be lawful and necessary to and for theAssured, his or their factors, servants and assigns, to sue, labour and travel for in and about the defence, safeguard and recovery of the said goods and merchandise, or any part thereof without prejudice to this insurance; nor shall the acts of the Assured or Assurers, in recovering, saving and preserving the property insured, in case of disaster, be considered a waiver or an acceptance of abandonment; to the chargeswhereof the said Assurers will contribute according to the rate and quantity of the sum herein insured.
This clause remains paramount notwithstanding anything inconsistent therewith in this insurance.
The intention of the clause is to restate that loss minimization efforts will be positively viewed and paid for and will not prejudice any claims arising out of an insured peril.
19.协会海洋货物保险(A)附加受损货物控制条款
对于本保单项下承保之任何货物或其任何部分之损毁或灭失,被保险人基于合理判断有权决定该受损货物是否适合销售,除非被保险人自行处理或同意,被保险人认为不可销售的货物将不被用作销售,但是被保险人同意保险公司将获得受损货物销售或处理后的残值。
CONTROL OF DAMAGED GOODS CLAUSE
It is agreed that the Assured, exercising a reasonable discretion, shall be the sole judge as to whether the goods damaged by a peril insured against under the policy are suitable for marketing and no goods deemed by the Assured to be unfit for marketing shall be sold or otherwise disposed of except by the Assured or with the Assured's consent, but the Assured shall allow these Assurers any salvage obtained on any sale or other disposition of such goods.
20.协会海洋货物保险(A)附加清除残骸条款
由本保单所保风险引起的货损,转移或销毁货物的残骸所产生的费用,本保单亦赔付,赔偿限额所保航次保险价值的15%。本保单不承保被保险人用于避免或减少污染或污染威胁而发生的费用,也不承保将货物卸离船舶与航空器所产生的费用。
REMOVAL OF DEBRIS CLAUSE
This insurance is extended to cover, in addition to any other amount recoverable under this insurance,extra expenses reasonably incurred by the Assured for the removal and disposal of debris of the subjectmatter insured, or part thereof, by reason of damage thereto caused by an insured risk, but excluding
absolutely
(1) any expenses incurred in consequence of or to prevent or mitigate pollution or
contamination, or any threat or liability therefor;
(2) the cost of removal of cargo from any vessel or craft.
The indemnity provided by this clause shall be in addition to the indemnity provided elsewhere herein but is limited to 15% of the insured value of the shipment. In no case however shall this clause increase Underwriters' liability beyond the Limits of Liability expressed elsewhere herein.
21.协会海洋货物保险(A)附加退运货与拒收货条款
x保单承保收货人拒收而退运的货物,本保单还承保退还给制造商和/或修理人或由其退还的保险标的,但应提前通知保险人并按照达成的费率和条件承保。
RETURNED OR REFUSED SHIPMENTS CLAUSE
This insurance may also be extended to cover goods which need to be sent back to, and returned from, manufacturers and/or repairers. Cover in this respect is subject to prior advice and rates, terms and conditions to be agreed by the Insurer.
22.协会海洋货物保险(A)附加运费条款
对于本保单项下承保之任何货物或其任何部分之损毁或灭失,被保险人基于合理判断有权决定是否将该受损货物运输回发货地以销毁或任何中国境内(港、澳、台除外)的其它地方进行修理。本保险将扩展承担因此而发生的返程运费。
FREIGHT CLAUSE
In the event of lost or damage to any part or parts of the cargo hereby insured, the Insured, exercising a reasonable discretion, shall be the sole judge as to whether the damaged goods involved under this policy shall be transported back to the place of dispatch for destroy purpose or any place within P. R. China (excluding Hongkong, Macau and Taiwan) for repair. This policy shall be extended to cover the return freight of such transportation.
23.协会海洋货物保险(A)附加加速费用附加条款
x保单扩展承保快递费用,空运费,加班费及节假日加班费,但该费用须与本保险单项下予以赔偿的保险货物损失的修复或重置有关,且费用不得超过保单规定限额。
EXPEDITING EXPENSES
The insurance afforded by this Policy is extended to include express delivery, airfreight, overtime or holiday work incurred in connection with repairs, or replacement of the Property Insured consequent upon its loss destruction or damage by a cause not hereunder excluded subject to the prior approval of all such expenditure by the Insurers.
24.协会海洋货物保险(A)附加商标条款
x由于任何带有或暗示着制造商或被保险人的承诺或责任的品牌或商标的被保险财产遭受任何保险责任范围内的损失,本公司将按惯例自负费用清理掉上述受损财产上带有的品牌、商标或其它标志性特征后再计算受损财产的残值。被保险人全权拥有保单下的包括受损财产在内的所有商品,并保留对受损商品的控制。被保险人应该合理判断包括受损财产在内的所有商品是否适合消费。若被保险人认为该商品不适合消费,则该商品只能由被保险人自己或经过被保险人的同意才能够被出售或作其它处置。但是被保险人应该将处理残值的所得转交给保险人。
BRAND OR TRADEMARK CLAUSE
In case of damage by a peril insured against to property bearing a brand or trademark or which in any way carries or implies the guarantee or the responsibility of the manufacturer or Insured, the salvage value of such damaged property shall be determined after removal at this Insurer's expense in the customary manner of all such brands or trademarks or other identifying characteristics. The Insured shall have full right to the possession of all goods involved in any loss under this policy and shall retain control of all damaged goods. The Insured, exercising a reasonable discretion, shall be the sole judge as to whether the goods involved in any loss under this policy are fit for consumption. No goods so deemed by the
Insured to be unfit for consumption shall be sold or otherwise disposed of except by the Insured or with the Insured's consent, but the Insured shall allow this Insurer any salvage obtained by the Insured on any sale or other disposition of such goods.
25.协会海洋货物保险(A)附加标签条款
由于承保风险引起的标签、胶囊或包装材料的损失,保险人赔付购置新的标签、胶囊或包装材料及重新贴标、重新包装标的物的费用。
LABEL CLAUSE
In case of damage from perils insured against affecting labels, capsules or wrappers the loss to be limited to an amount sufficient to pay the cost of new labels, capsules or wrappers and the cost of relabelling and re-conditioning the goods.
26.协会海洋货物保险(A)附加理赔准备费用条款
在发生本保险应负责的损失后,本保单扩展赔偿被保险人由于要提供及证明本公司根据本保单条款及条件因处理索赔所要求的任何记录、资料、证据或证明,就所使用或消耗的材料及人力而发生的合理费用,但本公司在财产损失和上述费用两项共计的责任不超过财产保险的保险金额。
CLAIM PREPARATION CLAUSE
Notwithstanding anything contained to the contrary contained in the within Policy, it is hereby declared that this policy extends to include the reasonable costs of materials and labor used or expended by the insured with the company’s consent in producing and certifying any records information, evidence or such other proofs as may be required by the company under the terms and condition of this policy to substantiate any claim.
The total liability of the company under this policy for both loss to property and such expenses shall not exceed the sum insured of the property insured.
27.协会海洋货物保险(A)附加预付赔款条款
经双方同意,发生保险责任范围内损失,保险人根据被保险人的要求及公估人(理算师)的建议,保险人可预先支付部分赔款,金额限于预计赔偿金额的 %。
PAYMENT ON ACCOUNT CLAUSE
In the event of the occurrence of a loss covered under this policy the Insurer may approve an advance payment on account which is % of adjusted loss in respect of such at the request of the Insured and with the loss adjuster's recommendation.
28.协会海洋货物保险(A)附加取消保单提前60天通知条款
兹经双方同意,被保险人可以随时书面通知保险人注销本保单,在此情况下,保险人按短期费率或最小保费收取自保单开始之日起的已生效保险费。保险人也可提前60天书面通知至被保险人最新的通讯地址,在此情况下,保险人将按比例计算的自保险单注销之日起的未到期保费退还给被保险人。
本保单所载其它条件不变。
60 DAYS NOTICE OF CANCELLATION BY INSURER (IMMEDIATE NOTICE OF CANCELLATION BY INSURED)
It is hereby agreed and understood that this policy may be cancelled at any time at the request of the insured in writing to the company and the premium shall be adjusted on the basis of the company receiving or retaining the customary short term premium or minimum premium. This policy may also be cancelled by the company giving 60 days' notice in writing to the insured at his last known address and the premium shall be adjusted on the basis of the company receiving or retaining pro rata premium.
Subject otherwise to the terms exceptions and conditions of this policy.
29.协会海洋货物保险(A)被保险人以“FOB”、“C.F.R”或类似条件出售的货物其运输中的卖方利益条款
x保单承保在FOB、CFR 及类似贸易术语项下卖方对货物具有的偶然利益,尽管该贸易术语并未要求卖方安排保险。
如果买方未结清货物的款项,而卖方保留货物的所有权,则本保单按照列明的承保条件承保卖方的利益。
如果买方的过失造成迟延,则本保单的保障持续至被保险人收到款项,或者货物被退运回被保险人,或者在任何其他地点被销毁。
卖方应将其享有的对买方的索赔权转移于保险公司。
本保单的本条规定不得告知于买方或者货物的其他利害相关方。 SELLER’S INTEREST IN RESPECT OF SHIPMENTS SOLD BY THE ASSURED ON F.O.B., C.& F. OR SIMILAR TERMS
This insurance also covers the contingent interest of the Assured as seller in respect of consignments sold on F.O.B., C.F.R or similar terms which do not require the seller to arrange marine insurance.
In the event that the buyer fails to pay for goods sold by the Assured on F.O.B.,
C.F.R or similar terms or for any other reason the goods remain the property of or revert to the Assured, then such goods will be covered hereunder for account of the seller only and in accordance with the conditions set out herein.
Cover shall be retrospective to attachment as stated herein and shall continue until terminated as provided in the relevant conditions of this cover.
In the event of any delay or deviation caused by the failure of the buyer to take up and pay for the goods,cover hereunder shall continue until the Assured receives payment or the goods are returned to the Assured or disposed of elsewhere and the Assured's risk ceases.
Underwriters hereon are to be subrogated to all rights and benefits which the Assured
may possess against the buyer, the buyer's insurance or any other parties.
The existence of this insurance is not to be revealed to the buyer or to any other party interested in the consignment.
30.协会海洋货物保险(A)附加累积条款
如果由于运输中断和/或发生超出被保险人控制的事故,或由于人身伤害和/或转运点和
/或相连的蒸汽船或运输工具,导致利益累积超过本保险的责任限额,那么保险人应负责超额部分的利益,并应对全部风险损失金额负责赔偿,但是任何情况下都不得超过本保险责任限额的两倍,前提是被保险人在获知此等情况时立即通知保险人。
ACCUMULATION CLAUSE
Should there be an accumulation of interests beyond the limits expressed in this insurance by reason of any interruption of transit and/or occurrence beyond the control of the Insured, or by reason of any casualty and/or at a transhipping point and/or on a connecting steamer or conveyance, Insurer(s) shall hold covered such excess interest and shall be liable for the full amount at risk but in no event to exceed twice the insurance limit, provided notice be given to Insurer(s) as soon as known to the Insured.
31.协会海洋货物保险(A)附加降价损失条款事故商品车的分类及赔偿处理约定
A:1级品:经过修理可以作为新车销售的车辆。可更换部件受损采取更换方式处理,无降价损失赔偿处理方式:修理费用和其它承保范围内的费用
判定标准:
-功能上无故障,只需更换零配件即不会影响其作为新车质量的
-车身受到轻微的损伤,仅需更换零配件及修补涂漆即不会影响其作为新车的外观的 B:2级品:虽不能作为新车销售,但经过修理可以作为二手车销售的车辆。
赔偿处理方式:修理费用和最高不超过发票金额的20%的降价损失,及其它承保范围内的费用判定标准:
-因汽缸体受损而不能行驶的
-损伤到车架的
-损伤到悬挂系统、转向系统方面的
-损伤到后翼子板、后护板、车顶、车门栏板、支柱、车身侧梁的
C:每台车降价额度以受损车购车发票金额的20%为限,无发票的到库运输以托运方提供的有效价格凭证为准。
D:3级品:不能修理、或即使修理也不能作为二手车销售的车辆赔偿处理方式:保险价值扣除残值
判断标准:车架、主要车身等有严重损伤,无法修理或不适宜修理的。 AUTOMOBILE DEPRECIATION CLAUSE
It’s understood and agreed that the Classification of damaged motor vehicles and the treatment of claims are as follows:
A. Class I The motor vehicle is damaged to the extent that it can be repaired and sold as new. The insured shall be reimbursed for the cost of replacement, but no depreciation allowance.
Treatment of Claim: repair cost and other expenses covered by the insurance policy Agreed standard of adjustment:
ᅳ Sound function after repair. Only some parts need to be repaired and it can operate as a new car.
ᅳ Carriage body is damaged slightly, but the appearance of the new car won’t be influenced with the parts replacement and painting.
B. Class II The motor vehicle is damaged to the extent that it can be repaired, but it cannot be sold as new and is therefore considered “Other than New” or “Used” for sales purposes.
Treatment of Claim: Overall repairs and maximum 20% of the dealer invoice because of the depreciation and other expenses within the granted coverage.
Agreed standard of adjustment:
ᅳ The car can’t drive with the cylinder block damaged badly.
ᅳ Damage to the structure of the car is required.
ᅳ Damage to suspension system and/or steering system is required.
ᅳ Damage to seam roof, back guard board, roofs structure, column board ,pillar or the beam of the car is required.
C. The depreciation of each car is valued according to the dealer invoice (no more than 20%). If the car doesn’t have invoice, any other valid certificates provided by the shipper party will be taken into consideration.
D Class III The motor vehicle is damaged to the extent that it is as constructive total loss and is not fit for sale either as new or used.
Treatment of Claim: Insured value after the deduction of salvage value. Agreed standard of adjustment:
The frame and main carriage body have extremely heavy damage which can’t be repaired or the repair is impractical.
32.协会海洋货物保险(A)附加展览扩展条款
x保险承保货物来回运输及展览、贸易、演示或其它市场活动期间的损失。当发票不可得时,被保险货物的价值将按照成本价和运送费用之后计算。 但本保险不包括:
1)自然损耗。
2)展览结束,货物回程运输的损失,除非该货物在回程运输时按照发运时的包装标准进行重新包装并得到被
保险人相关负责人的认可。
3)展览开放时间内,货物由于无人看管摊位被盗引起的损失。
除非另有特殊约定,所承保货物在展览会被卖,一经货物交付或离开展馆,保险责任即告终止。
EXHIBITION RISKS CLAUSE
This insurance covers the subject matter-insured in transit to/from and whilst at exhibition, trade fair,show premises or other marketing event.
Where there is no invoice, the subject matter-insured hereunder shall be valued at cost value plus incurred delivery charges.
Subject to the following exclusion:
i) Wear, tear and gradual deterioration.
ii) Damage to goods being returned from Exhibitions unless they are packed to the same standard as for the outward journey, such packing to be supervised by a responsible official of the Insured.
iii) Theft from unattended stand during exhibition opening hours.
In the event of goods being sold from the exhibition, cover is to terminate at the time of lifting for removal from the exhibition premises unless specially agreed.
33.协会海洋货物保险(A)附加进口关税条款
如被保险货物到达目的港后,因遭受本保险单责任范围以内的损失,而被保险人仍须按完好货物完税时,本公司对该项货物损失部分的进口关税负赔偿责任。
IMPORT DUTY CLAUSE
This insurance covers the Insured' s contingent interest on Import Customs Duty arising from the insured goods arriving at the port of destination damaged by a peril insure against but full import duty had been levied and paid thereon as if the goods had arrived sound.
34.协会海洋货物保险(A)附加制裁特别条款
根据联合国决议或根据欧盟、日本、英国、美国的贸易或经济制裁、法律及规定,如果保险人承保、支付赔款或向被保险人提供其它任何利益的行为,将会导致保险人受到任何制裁、禁令或限制,则在上述范围内保险人将不予承保、赔付或提供其它任何利益。
SANCTION LIMITATION AND EXCLUSION CLAUSE
No insurer shall be deemed to provide cover and no insurer shall be liable to pay any claim or provide any benefit hereunder to the extent that the provision of such cover, payment of such claim or provision of such benefit would expose that insurer to any sanction, prohibition or restriction under United Nations resolutions or the trade or economic sanctions, laws or regulations of the European Union, Japan, United Kingdom or United States of America.
35.协会海洋货物保险(A)附加协会辐射污染,化学/生物/生化和电磁武器除外责任条款本条款应是最重要的并且高于其他一切情况的,包括任何与本保险不一致的情况: 1.在任何情况下,本保险决不保障由下列原因造成的直接的或间接的责任,损失或费用:
1.1.由于任何核原料或核废弃物或燃烧核原料造成的电离辐射或辐射污染。
1.2.任何核设备、核反应堆或其它核装置或核元件的放射性的、有毒的、爆炸性的或其他含有放射性物质的污染性的危险财产。
1.3.任何利用原子能,核裂变,核聚变或其它类似核反应或辐射为能源的武器和装置。
1.4.放射性的、有毒的、爆炸性的或其他含有放射性物质的污染性的危险财产。但是,除核燃料以外的放射性同位素被用于商业、农业、医学、科研或其他类似的和平用途时,本条除外条款不适用。
1.5.任何化学、生物、生化或电磁武器。
INSTITUTE RADIOACTIVE CONTAMINATION, CHEMICAL, BIOLOGICAL, BIO-CHEMICAL AND ELECTROMAGNETIC WEAPONS EXCLUSION CLAUSE
This clause shall be paramount and shall override anything contained in this insurance inconsistent therewith
0.Xx no case shall this insurance cover loss damage liability or expense directly or indirectly caused by or contributed to by or arising from
1.1 ionizing radiations from or contamination by radioactivity from any nuclear fuel or from any nuclear waste or from the combustion of nuclear fuel
1.2 the radioactive, toxic, explosive or other hazardous or contaminating properties of any nuclear installation, reactor or other nuclear assembly or nuclear component thereof
1.3 any weapon or device employing atomic or nuclear fission and/or fusion or other like reaction or radioactive force or matter
1.4 the radioactive, toxic, explosive or other hazardous or contaminating properties of any radioactive matter. The exclusion in this sub-clause does not extend to radioactive isotopes, other than nuclear fuel, when such isotopes are being prepared, carried, stored, or used for commercial, agricultural, medical, scientific or other similar peaceful purposes.
1.5 any chemical, biological, bio-chemical, or electromagnetic weapon. 36.协会海洋货物保险(A)附加运送终止条款(恐怖主义)
本条款为首要条款,并将取代本保险中包含的任何与此不符的规定:
1.尽管本保险单或其中提及的条款有任何相反规定,兹同意,只要本保险单承保任何恐怖主义者或任何人出于政治目而行为造成的保险标的的灭失或损坏,该条款以保险标的按通常路线运送为承保条件,并终止于:
1.1.按照本保险单规定的运送条款,或;
1.2.在本保险xxx的目的地交到收货人仓库或其他最终仓库或储存地点;
1.3 在保险xxx的目的地或之前交付到被保险人选择在非通常路线运送过程中用来储存、或分配或分派的任何其他仓库或储存地点,
或;
1.4.就海上运输而言,自被保险货物在最终卸货港从海船上卸货完成后满60天;
1.5.就空运而言,自保险标的在最终卸货地从飞行器上卸货后满30天,以最先发生者为准。
2.如果本保险单或其中提及的条款特别规定承保国内运输或其他储存后或按以上规定终止后的继续运输,则保险责任重新开始,于通常路线运输期间连续有效,并依据上述第1条规定本保险终止。
3.本条款受英国法律和惯例调整。 TERMINATION OF TRANSIT CLAUSE (TERRORISM)
This clause shall be paramount and shall override anything contained in this insurance inconsistent therewith.
1 Notwithstanding any provision to the contrary contained in this Policy or the Clauses referred to therein, it is agreed that in so far as this Policy covers loss of or damage to the subject-matter insured caused by any terrorist or any person acting from a political motive, such cover is conditional upon the subject-matter insured being in the ordinary course of transit and, in any event, SHALL TERMINATE:
either
1.1 As per the transit clauses contained within the Policy, or
1.2 on delivery to the Consignee’s or other final warehouse or place of storage at the destination named herein,
1.3 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 for storage other than in the ordinary course of transit or for allocation or distribution,
or
1.4 in respect of marine transits, 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,
1.5 in respect of air transits, on the expiry of 30 days after unloading the subject-matter insured from the aircraft at the final place of discharge, whichever shall first occur.
2 If this Policy or the Clauses referred to therein specifically provide cover for inland or other further transits following on from storage, or termination as provided for above, cover will re-attach, and continues during the ordinary course of that transit terminating again in accordance with clause 1.
3 This clause is subject to English law and practice. 37.协会海洋货物保险(A)附加协会货物战争险解除条款
x公司承保的战争险(如协会战争险条款所定义的)可以由保险人或被保险人解除,但解除生效前依据协会战争险条款保险责任已经开始的除外。该解除仅在保险人签发或向保险人签发解除通知次日零时起满7天后生效。
INSTITUTE WAR CANCELLATION CLAUSE (CARGO)
The cover against war risks (as defined in the relevant Institute War Clauses) may be cancelled by either the Underwriters or the Assured except in respect of any insurance which shall have attached in accordance with the conditions of the Institute War Clauses before the cancellation becomes effective. Such cancellation shall however only become effective on the expiry of 7 days from midnight of the day on which notice of the cancellation is issued by or to the Underwriters.
38.协会海洋货物保险(A)附加罢工险终止条款
x保险合同包含的罢工险(即如协会罢工险条款所定义的)可以由保险人或者被保险人以提前7天通知方式终止,但不适用于承保上述风险的任何保险的保险责任在上述终止生效前已经开始的情形。
该终止应在保险人签发或向保险人签发终止通知当日午夜起满7日(或寄往美国或从美国寄出48小时)生效。
STRIKES CANCELLATION CLAUSE
The cover against strikes etc. risks (as defined in the relevant Institute Strikes Clauses) may be cancelled by either the Underwriters or the Assured except in respect of any insurance which shall have attached in accordance with the conditions of the Institute Strikes Clauses before the cancellation becomes effective.
Such cancellation shall however only become effective on the expiry of 7 days (or 48 hours in respect of sendings to or from the U.S.A.) from midnight of the day on which notice of the cancellation is issued by or to the Underwriters.
39.协会海洋货物保险(A)附加临时仓储条款
兹经双方同意,本保险单扩展承保保险标的在正常运输途中的储存期间或在运输途中临时储存过程中因承保风险导致的直接物质损失风险。
TEMPORARY AND INTERMEDIATE STORAGE CLAUSE
It is understood and agreed that, effective from inception this policy is extended to cover temporary and intermediate storage.
40.协会海洋货物保险(A)附加货物运输罢工险条款一、责任范围
在保险单注明承保罢工险时,本保险对被保险货物由于罢工者,被迫停工工人或参加工潮、暴动、民众斗争的人员的行动,或任何人的恶意行为所造成的直接损失和上述行动或行为所引起的共同海损的牺牲、分摊和救助费用负赔偿责任。
二、除外责任
x保险对下列各项,不负赔偿责任:
在罢工期间由于劳动力短缺或不能履行正常职责所致的保险货物的损失,包括因此而引起的动力或燃料缺乏使冷藏机停止工作所致的冷藏货物的损失。
注:本条款系各种协会海洋货物保险(A)条款(以下简称“主险条款”)的附加条款,本条款与主险条款中的任何条文有抵触时,均以本条款为准;本条款未尽事宜,以主险条款为准。
CARGO STRIKE CLAUSE
1.Scope of Cover
Whereas the Cover against the Risks of Strikes is incorporated herein as indicated, this Policy undertakes to indemnify for:
1.1Loss of or damage to the goods hereby insured directly caused by acts of strikers, locked out workmen or person taking part in labour disturbances, riots or civil commotions or by malicious acts of any person or persons whomsoever;
1.2Sacrifice in and contribution to General Xxxxxxx and Salvage Charges arising from the acts as stated in 1.1 above.
2.Exclusions
This Policy does not cover loss of or damage to the insured goods arising from the absence or shortage of incapability to employ labour during the time of striker including damage to refrigerated goods attributed to the stoppage of refrigerating machinery caused by lack of power of fuel arising from the above.
Note:
This clause is an additional Clause to different sets of Cargo Transportation Clauses. In case of conflict between this clause and any Clauses in the different sets of Cargo Transportation Clauses, this Clause shall prevail.