Carrier's bill of lading includes the following clauses
on its front side:
‘In accepting this bill of
lading, any local customs
or privileges to the contrary notwithstanding, the
shipper, consignee and owner of the goods and
the holder of this bill of lading, agree to be bound
by all the stipulations, exceptions and conditions
stated herein whether written, printed, stamped
or incorporated on the front or reverse side hereof,
as fully as if they were all signed by such shipper,
consignee, owner or holder.’
‘In witness whereof three
(3) bills of lading, all
of the tenor and date have been signed, one of
which being accomplished, the others to stand void.’
For terms and conditions of Carrier's bill of lading,
as printed on its reverse side, please see Rule 8-010
(B/L Terms 1-15) and Rule 8-020 (B/L Terms 16-34).
1. (Definitions) When used in this Bill of Lading
(A) "Ocean
Carrier" means the company named on the reverse
side
of this bill of lading, which performs sea carriage of
Goods,
and the vessel, her owner, and demise charterer,
whether
any of the preceding parties is acting as ocean
carrier,
non-vessel operating common carrier, or bailee.
(B) "Inland
Carrier" means carriers (other than the
Ocean
Carrier) by land, water or air, participating
in
combined transport of the Goods, whether acting as
carrier
or bailee.
(C) "Combined
Transport" means carriage of the Goods
under
this Bill of Lading from place of receipt from
merchant
to place of delivery to Merchant by the
Ocean
Carrier plus one or more Inland Carriers.
(D) "Port-to-Port
Transportation" means carriage of
the
Goods under this Bill of Lading other than
combined
transport.
(E)
"Merchant" includes the shipper, consignor,
consignee,
owner, and receiver of the Goods and the
holder
of this Bill of Lading.
(F) "Goods"
means the cargo described on the face of
this
Bill of Lading and, if the cargo is packed into
container(s)
supplied or furnished by or on behalf of
the
Merchant, include the container(s) as well.
(G) "Vessel"
includes the vessel named on the face of
this
Bill of Lading and any ship, craft, lighter,
barge
or other means of transport that is substituted
in
whole or in part for that vessel.
(H)
"Container" includes any containers (including an
open
top container) flat rack, platform, trailer,
transportable
tank, pallet or any other device used
for
transportation of goods.
(I) "Laden on
Board" or similar words endorsed on
this
Bill of Lading means that the Goods have been
loaded
on board the Vessel or are in the custody of
the
Ocean Carrier, and in the event of Combined
Transport
if the originating carrier is an Inland
Carrier.
"On Board" means that the Goods have been
loaded
on board rail cars or other means of Inland
carriage
or are in the custody of a participating
railroad
or other Inland Carrier.
(J)
"Subcontractor" includes stevedores,
longshoremen,
lighterers, terminal operators,
warehousemen,
truckers, agents, servants, and any
person,
firm, corporation or other legal entity which
performs
services incidental to the carriage of the
Goods.
(K) "United
States" or "U.S." means the United States
of
America.
2. (Clause Paramount) (A) Insofar as this Bill of
Lading covers carriage
of Goods by water, this Bill of
Lading shall have
effect subject to the provisions of the
"Hague
Rules", namely the International Conventions for
the Unification of
Certain Rules Relating to Bills of
Lading, dated at
Brussels, August 25, 1924, as amended
(including, where
enacted, the Protocol dated at
Brussels, February 23,
1968, known as the Visby Rules),
as enacted in the
country of shipment. When no such
enactment is in force
in the country of shipment or is
otherwise compulsorily
applicable, the Hague Rules as
enacted in the country
of destination shall apply. When
no such enactment is
in force in the country of
shipment or in the
country of destination, or is
otherwise compulsorily
applicable, the terms of the Hague
Rules as enacted by
the Convention shall apply.
(B) If this Bill of
Lading covers Goods moving to or
from ports of the
United States in foreign trade, then
then carriage of such
goods shall be subject to the
provisions of the
United States Carriage of Goods by
Sea Act, 1936, 46
U.S.C. P1300-1315 as amended
(hereinafter
"U.S. COGSA"), the terms of which shall
be incorporated
herein. The provisions of U.S.
COSGA
shall (except as
otherwise specifically provided in
this Bill of Lading)
govern throughout the time when
the Goods are in the
custody of the Ocean Carrier and
and any other water
carrier and as otherwise provided
in this Bill of
Lading.
3. (Law and Jurisdiction) Whenever
the Carriage of
Goods by Sea Act 1936
(COSGA) of the United States of
America applies, this
contract is to be governed by
United States Law.
In all other cases actions against
the Carrier may only
be instituted in the country where
the Carrier has its
principal place of business and
shall be decided
according to the law of such country.
4. (Limitation of Liability Statutes) Nothing in this
Bill of Lading shall
operate to limit or deprive the
Ocean Carrier of any
statutory protection, exemption
from, or limitation of
liability authorized by the
applicable laws,
statutes, or regulations of any country.
5.(Sub-Contracting: Exemptions
and Immunities of Sub-
contractors)
(A) The Ocean Carrier shall be entitled to
subcontract on any terms the
whole or part of the handling
storage, or carrier of the
Goods and all duties whatsoever
undertaken by the Ocean
Carrier in relation to the Goods.
(B) Merchant warrants that
no claim shall be made against
any subcontractor (as
defined in Article 1 (J), or
Subcontractor, of Ocean
Carrier, except Inland Carriers
where otherwise appropriate,
that imposes or attempts to
impose upon any of them or
any vessel owned or operated by
any of them any liability in
connection with the Goods,
and, if any such claims
should nevertheless be made, to
indemnify the Ocean Carrier
against all consequences of
such claims.
(C) Without prejudice to the foregoing, it
is expressly agreed that
every such Subcontractor (and
Subcontractor's
Subcontractor) shall have the benefit of
all provisions in this Bill
of Lading for the benefit of
the Ocean Carrier as if such
provisions were expressly
for the Subcontractor's
benefit. In entering into this
contract the Ocean Carrier,
to the extent of those
provisions, does so not only
on its own behalf but also on
behalf of such
Subcontractors.
6. (Route to Transport) (A) The Goods may, at the Ocean
Carriers absolute
discretion, be carried as a single
shipment or as several
shipments by the Vessel and/or
any other means of
transport by land, water, or air and
by any route
whatsoever, whether or not such route is
the direct,
advertised, or customary route. (B)
The
Vessel shall have
liberty to call and/or stay at any
port or place in or
out of the direct, advertised, or
customary route, once
or more often and in any order,
and/or to omit calling
at any port of place whether
scheduled or not.
(C) The Vessel shall have liberty,
either with or without
the Goods on board and either
before or after
proceeding toward the port of discharge
to adjust to compasses
and other navigational
instruments, make
trial trips or tests, dry dock, go
to repair yards, shift
berths, take on fuel or stores,
embark or disembark
any person, carry contraband,
explosives, munitions,
war-like stores and hazardous
cargo, sail with or
without pilots, tow or be towed,
and save or attempt to
save life or property. (D) If
the Goods in whole or
in part are for any reason not
carried on the Vessel
named in this Bill of Lading, or
if loading the Goods
is delayed or is likely to detain
the Vessel, the Vessel
may proceed without carrying
or loading the Goods
in whole or in part, and notice
to merchant of such
sailing is hereby waived. Ocean
Carrier may forward
the Goods under the terms of this
Bill of Lading on the
next available ship or at Ocean
Carrier's option by
any other means of transportation,
whether by land, water
or air. (E) At Ocean Carrier's
option and without
notice to Merchant, another ship
or ships may be
substituted for the Vessel named in this
Bill of Lading,
whether or not the substitute ship is
owned or operated by
Ocean Carrier or arrives or
departs, or is
scheduled to arrive or depart, before or
after the Vessel named
by this Bill of Lading. (F) Any
action taken by the
Ocean Carrier under this Article 6
shall be deemed to be
included within the contractual
carriage and such
action, or delay resulting therefrom,
shall not be
considered a deviation. Should the
Ocean
Carrier be held liable
in respect of such action, the
Ocean Carrier shall be
entitled to the full benefit
of all privileges,
rights, and immunities contained
in this Bill of
Lading.
7. (Responsibility) (A) Insofar as this Bill of Lading is
used for Port-to-Port
Transportation of the Goods,
the Ocean Carrier
shall not be responsible for loss of
or damage to the Goods
caused before loading or after
discharge
"Loading" shall be deemed to commence with
the hooking on the
vessel's tackle, or if not using the
vessel's tackle, with the receipt of the Goods on deck
or in the hold of (if
the Goods are in bulk liquid) in
the vessel's permanent
pipe connections. "Discharge"
shall be deemed to be
completed when the Goods have been
unhooked from the
vessel's tackle or removed from the
vessel's deck or
passed beyond the vessel's deck or
passed beyond the
vessel's permanent pipe connections.
(B) Insofar as this
Bill of Lading is used for combined
transport of the
Goods, the responsibility of the Ocean
Carrier and each
Inland Carrier with respect to the
Goods shall be limited
to the period when the carrier
has custody of the
Goods, and no carrier, either Ocean
or Inland, shall be
responsible for any loss or damage
caused while the Goods
are not in its custody. Any
claim for loss of or
damage to the Goods, including
loss or damages
resulting from delay, should be made
against the carrier
having custody of the Goods when
the loss or damage or
delay was caused. (C) If it is
established by the
Merchant that the Ocean Carrier is
responsible for loss
of or damage to or in connection
with the Goods, such
responsibility, subject to the
provisions of this
Bill of Lading, shall be to the
extent following but
not further: (1) With respect
to loss or damage
caused during the period from the
time when the Goods
arrived at the sea terminal at the
port of loading to the
time when they left the sea
terminal at the port
of discharge, or caused during
any previous or
subsequent period of carriage by sea
or waterways, to the
extent prescribed by the applicable
Hague Rules as
provided in Article 2. (2) Save as
indicated b (1) above,
with respect to loss or damage
caused during the
handling, storage of the Goods by
Ocean Carrier's
Subcontractor, to the extent to which
such Subcontractor
would have been liable to the
Merchant if he had
made a direct and separate contract
with the Merchant in
respect of such handling, storage
or carriage, provided,
however, that if the Ocean
Carrier is not
authorized under any applicable laws,
rules or regulations
to undertake such handling,
storage, or carriage
under its own responsibility, the
Ocean Carrier shall
only be liable for procuring such
handling, storage or
carriage.
If such handling,
storage or carriage occurred
in or between points
in Europe, or where
otherwise applicable,
such responsibility shall be
governed (a) if by
road by the Convention on the
Contract for the
International Carriage of Goods by
Road, dated 19 May,
1956 (CMR); (b) if by rail, by
the International
Convention Concerning the Carriage
of Goods by Rail dated
25 February, 1961 (CIM); (c) if
by air, by the
Convention for the Unification of Certain
Rules Relating to
International Carriage by Air, signed
Warsaw 12 October,
1929, as amended by the Hague
Protocol dated 28
September, 1955 (Warsaw Convention);
(d) If it is
established by the Merchant that an Inland
Carrier is responsible
for loss of or damage to or in
connection with the
Goods, such responsibility shall
be to the extent, but
not further, than the Inland
Carrier would have
been liable to the Merchant if he
had made a direct and
separate contract with the
Merchant in respect of
handling, storage or carriage
of the Goods, as
applicable. (e) Notwithstanding
foregoing Article 7
(A) or 7 (B), the Ocean Carrier
does not undertake
that the Goods shall arrive at the
port of discharge or
place of delivery at any particular
time or in time to
meet any particular market or use,
and the Ocean Carrier
shall not be responsible for any
direct or indirect
loss or damage that is caused
through delay.
(f) If this Bill of Lading is used for
Port-to-Port
Transportation, the column indicating
final destination on
the face of this Bill of Lading is
solely for the purpose
of the Merchant's reference, and
the Ocean Carrier's
responsibility for the Goods shall
in all cases cease at
the time of discharge of the
Goods at the port of
discharge.
8. (Liberties) (A) In any situation whatsoever whether or
not existing or
anticipated before commencement of or
during the transport,
which in the judgement of the
Ocean Carrier
(including for the purpose of this
Article the Master and
any person charged with the
transport or
safekeeping of the Goods) has given or is
likely to give rise to
danger, injury, loss, delay, or
disadvantage of
whatsoever nature to the Vessel, the
Ocean Carrier, a
vehicle, any person, the Goods or any
property, or has
rendered or is likely to render it in
any way unsafe,
impracticable, unlawful, or against
the interest of the
Ocean Carrier or the Merchant to
commence or continue
the transport or to discharge the
Goods at the port of
discharge or to deliver the Goods
at the place of
delivery by the route and in the manner
originally intended by
the Ocean Carrier, the Ocean
Carrier (1) at the
time shall be entitled to unpack the
container(s) or
otherwise dispose of the Goods in such
way as the Ocean
Carrier may deem advisable at the risk
and expense of the
Merchant and/or (2) before the Goods
are loaded on the
Vessel, a vehicle, or other means of
transport at the place
of receipt or port of loading,
shall be entitled to
cancel the contract of carriage
without compensation
and to require the Merchant to take
delivery of the Goods
and, upon his failure to do so,
to warehouse or place
them at any place selected by
the Ocean Carrier at
the risk and expense of the
Merchant and/or (3) if
the Goods are at a place awaiting
transshipment, shall
be entitled to terminate the
transport there and to
store them at any place selected
by the Ocean Carrier
at the risk and expense of the
Merchant, and/or (4)
if the Goods are loaded on the
Vessel, a vehicle, or
other means of transport whether
or not approaching,
entering, or attempting to enter
the port of discharge
or to reach the place of delivery
or attempting or
commencing to discharge, shall be
entitled to discharge
the Goods or any part of them
at any port or place
selected by the Ocean Carrier or
to carry them back to
the port of loading or place of
receipt and there
discharge them. Any actions under
(3) and (4) above
shall constitute complete and final
delivery and full
performance of this contract, and the
Ocean Carrier
thereafter shall be free from any
responsibility for
carriage of the Goods. (B) If,
after
storage, discharge, or
any actions according to
subpart (A) above the
Ocean Carrier makes arrangements
to store and/or
forward the Goods, it is agreed that he
shall do so only as
agent for and at the sole risk and
expense of the
Merchant without any liability whatsoever
in respect of such
agency.
(B) The Merchant shall
reimburse the Ocean
Carrier forthwith upon
demand for all extra
freight charges and
expenses incurred for any actions
taken according to
subpart (A), including delay or
expense to the Vessel,
and the Ocean Carrier shall
have a lien upon the
Goods to that extent. (C) The
situations referred to
in subpart (A) above shall
include, but shall not
be limited to, those caused
by the existence or
apprehension of war declared or
undeclared,
hostilities, riots, civil commotions, or
other disturbances
closure of, obstacle in, or danger
to any port or canal,
blockade, prohibition, or
restriction on
commerce or trading quarantine, sanitary,
or other similar
regulations or restrictions, strikes,
lockouts or other
labor troubles whether partial or
general and whether or
not involving employees of the
Ocean Carrier or its
Subcontractors, congestion of
port, wharf, sea
terminal, or similar place, shortage,
absence or obstacles
of labor or facilities for
loading, discharge,
delivery, or other handling of the
Goods, epidemics or
diseases, bad weather, shallow
water, ice, landslip,
or other obstacles in navigation
or carriage (D) The
Ocean Carrier, in addition to all
other liberties
provided for in this Article, shall
have liberty to comply
with orders, directions,
regulations or
suggestions as to navigation or the
carriage or handling
of the Goods or the Vessel
howsoever given, by
any actual or purported government
or public authority,
or by any committee or person
having under the terms
of any insurance on the
Vessel, the right to
give such order, direction,
regulation, or
suggestion. If by reason of and/or
in compliance with any
such order, direction,
regulation, or
suggestions, anything is done or is not
done the same shall be
deemed to be included within the
contractual carriage
and shall not be a deviation.
9. (Description and
Particulars of Goods) Any reference on
the face of this
Bill of Lading to marks, numbers,
description,
quantity, quality, gauge, weight, measure,
nature, kind,
value, and any other particulars of the
Goods, is as
furnished by the Merchant. The
Ocean
Carrier shall not be responsible for the accuracy of
any such
reference and is not bound thereby. The
Merchant
warrants to the Ocean Carrier that the
descriptions and
particulars furnished by him are
correct, and the
Merchant shall indemnify the Ocean
Carrier against
all loss, damage, expenses, liability,
penalties and
fines arising or resulting from
inaccuracy of
any description or particular.
10. (Use of Container) When the Goods are not already
packed into a
container at the time of receipt by
the Ocean
Carrier, the Ocean Carrier shall be at
liberty to pack
and carry the Goods in any type of
container.
11. (Ocean Carrier's Container) (A) The Merchant assumes
full
responsibility for and shall indemnify the
Ocean Carrier
against any loss of or damage to the
Ocean Carrier's
containers and other equipment if
the loss or
damage is caused or occurs while in the
possession or
control of the Merchant, his agents,
or common
carriers engaged by or on behalf of the
Merchant (B) The
Ocean Carrier shall in no event be
liable for, and
the Merchant shall indemnify and hold
the Ocean
Carrier harmless from, any death of or
injuries to
persons, or loss of or damage to property,
caused by the
Ocean Carrier's container or its
contents while
in the possession or control of the
Merchant, his
agents, or common carriers engaged by
or on behalf of
the Merchant.
12. (Container Packed by Merchant) If the cargo received
by the Ocean or
Inland Carrier is in a container
packed by or on
behalf of the Merchant. (A) This
Bill of Lading
is prima facie evidence of the receipt
only of the
number on the face of this Bill of Lading.
The condition
and particulars of the contents are
unknown to the
Ocean and Inland Carriers, and the
Ocean Carrier
accepts no responsibility for the
accuracy of the
description of condition or
particulars.
(B) The Merchant warrants (1) that the
stowage of the
contents of the containers and the
closing and
sealing of the containers are safe and
proper, and (2)
that the containers and their contents
are suitable for
handling and carriage in accordance
with the terms
of this Bill of Lading, including
Article 15.
In the event of the Merchant's breach of
any of these
warranties, the Merchant and not the
Ocean Carrier
shall be responsible for, and the
Merchant shall
indemnify and hold Ocean Carrier
harmless from,
any resulting loss or damage to persons
or property
(including the Goods) (C) The Merchant
shall inspect
the container when it is furnished by or
on behalf of the
Ocean Carrier, and the container
shall be deemed
to have been accepted by the Merchant
as being in
sound and suitable condition for the
purpose of the
transport contracted for in this Bill
of Lading,
unless the Merchant gives notice to the
contrary, in
writing, to the Ocean Carrier before
the transport.
(D) If the container is delivered
after transport
by the Ocean or Inland Carrier with
seals intact,
such delivery shall be deemed to be full
and complete
performance of the Ocean Carrier's
obligations
under this Bill of Lading, and the Ocean
Carrier shall
not be liable for any loss of or damage
to the contents
of the container. (E) The Ocean
and Inland
Carrier shall have the right to open the
container and to
inspect its contents without notice
to the Merchant,
at such time and place as the Ocean
or Inland
Carrier may deem necessary, and all expenses
incurred
therefrom shall be borne by the Merchant.
(F) If any seal
of the container is broken by customs
or other
authorities for inspection of its contents,
the Ocean
Carrier shall not be liable for any
resulting loss,
damage or expenses.
13. (Special Carriage or Container) (A) The Ocean Carrier
does not
undertake to carry the Goods in refrigerated,
heated,
insulated, ventilated, or any other special
hold or
container, nor to carry any special container
packed by or on
behalf of the Merchant, but the Ocean
Carrier will
treat such Goods or container only as
ordinary goods
or dry container, respectively, unless:
(1) special
arrangements for the carriage of such
Goods or
container have been agreed to in writing
between the
Ocean Carrier and the Merchant; (2) such
special
arrangements are noted on the face of this
Bill of Lading;
and (3) special freights as required
has been paid.
The Ocean Carrier shall not be
responsible for
the function of a special container
supplied by or
on behalf of the Merchant. (B) The
Ocean Carrier
shall not be liable for any loss of or
damage to Goods
in a special hold or container arising
from latent
defects, breakdown, or stoppage of the
refrigeration or
heating machinery, insulation, ship's
plant, or other
such apparatus of the Vessel or
container,
provided that the Ocean Carrier shall before
or at the
beginning of the transport exercise due
diligence to
maintain the special hold or container
in an efficient
state. (C) If the Goods have been
packed into a
refrigerated container by the Ocean or
Inland Carrier,
and the particular temperature range
requested by the
Merchants is inserted in this Bill
of Lading, the
Ocean Carrier will set the thermostatic
controls within
the requested temperature range but
does not
guarantee the maintenance of such temperature
inside the
container. (D) If the cargo
received by the
Ocean or Inland
Carrier is in a refrigerated container
packed by or on
behalf of the Merchant, it is the
obligation of
the Merchant to stow the contents
properly and set
the thermostatic controls exactly.
The Ocean
Carrier shall not be liable for any loss of
or damage to the
Goods arising out of or resulting
from the
Merchant's failure in such obligation and
Ocean Carrier
does not guarantee the maintenance of the
intended
temperature inside the container.
14. (Dangerous Goods, Contraband) (A) The Ocean Carrier
undertakes to
carry Goods of an explosive, inflammable,
radioactive,
corrosive, damaging, poisonous, or
dangerous nature
only upon the Ocean Carrier's approval
of a written
application by the Merchant prior to the
carriage of such
Goods. Such application must
accurately state
the name, nature and classification
of the Goods, as
well as how they are dangerous and the
method of
rendering them innocuous, together with the
full names and addresses of the shipper and the
consignee.
(B) The Merchant shall undertake that the
nature and
danger of such Goods is distinctly hand
permanently
marked on the outside of the package or
container
containing the Goods. (C) Merchant
shall
submit all
documents or certificates required in
connection with
such Goods by any applicable statue or
regulation or by
the Ocean Carrier (D) Whenever the
Goods are
discovered to have been received by the Ocean
or Inland
Carrier without complying with subparts (A),
(B) or (C)
above, or the Goods are found to be
contraband or
prohibited by any law or regulation
of any place
during the transport, the Ocean Carrier
shall be
entitled to have such Goods rendered
innocuous,
thrown overboard, discharged, or otherwise
disposed of at
the Ocean Carrier's discretion without
compensation,
and the Merchant shall be liable for and
indemnify the
Ocean Carrier against any loss, damage
or liability,
including loss of freight, and any other
expenses
directly or indirectly arising out of custody
or carriage of
such Goods. (E) The Ocean Carrier
may exercise the
right conferred upon it under the
preceding
subpart whenever it is apprehended that
Goods received
in compliance with subparts (A), (B)
and (C) above
has become dangerous, even if not
dangerous when
received by the Ocean or Inland Carrier.
(F) The Ocean
Carrier has the right to inspect the
contents of any
package or container at any time and
place without
the prior notice to Merchant and at the
risk and expense
of the Merchant.
15. (Stowage Under and on Deck) (A) Goods in containers,
vans, trailers,
or chassis may be carried under deck
or on deck, and
when such Goods are carried on deck
the Ocean
Carrier shall not be required to specially
note mark, or
stamp any statement of "on deck stowage"
on the face of
this Bill of Lading, any custom to the
contrary
notwithstanding. Such on deck
carriage
shall not be
considered a deviation. (B) Goods
stowed
in poop,
forecastle, deck house, shelter deck,
passenger space,
or any other covered-in-space, or
stowed in a
container wherever placed, shall be deemed
to be stowed
under deck for all purposes including
general average.
(C) Lumber, earth moving equipment
and all other
Goods customarily or reasonably carried
on deck may, at
Ocean Carrier's option, be carried
on deck without
further notice to Merchant and
without
liability to the Ocean Carrier for the risks
inherent in or
incident to such carriage. Such on
deck carriage
shall not be considered a deviation.
(D) In respect
of Goods not in containers and carried
on deck, and
stated on this Bill of Lading to be so
carried, all
risks of loss or damage from perils
inherent in or
incident to the custody or carriage
of such Goods
shall be borne by the Merchant and in
all other
respects the Ocean Carrier shall have the
benefit of the
provisions of the applicable, version
of the Hague
Rules (including U.S. COGSA,
notwithstanding
Section 1301 (c) thereof), and the
terms of this
Bill of Lading.
16. (Live Animals and Plants) With respect to the custody
and carriage of
live animals and plants, all risks
of loss or
damage by perils inherent in or incident
to such carriage
shall be borne by the Merchant, and
in all other
respects the Ocean Carrier shall have the
benefit of the
provisions of the applicable version
of the Hague
Rules (including U.S. COGSA,
notwithstanding
Section 1301(c) thereof), and the terms
of this Bill of
Lading.
17. (Valuable Goods) The Ocean Carrier shall not be liable
to any extent
for any loss of or damage to or in
connection with
precious metals, stones, or chemicals,
jewelry,
currency, negotiable instruments, securities,
writings,
documents, works of art, curios, heirlooms,
or any other
valuable goods, including goods having
particular value
only for the Merchant, unless the
true nature and
value of the Goods have been declared
in writing by
the Merchant before receipt of the
Goods by the
Ocean or Inland Carrier, the same is
inserted on the
face of this Bill of Lading and
additional
freight has been paid as required.
18. (Heavy Lift) (A) The weight of a single piece or
package
exceeding 2,240 lbs. gross must be declared
by the Merchant
in writing before receipt by the Ocean
or Inland
Carrier and must be marked clearly and
durably on the
outside of the piece or package in
letters and
figures not less than two inches high.
(B) If the
Merchant fails in his obligations under the
preceding
subpart (1) the Ocean Carrier shall not be
responsible for
any loss of or damage to in connection
with the Goods.
(2) The Merchant shall be liable
for resulting
loss of or damage to any person or
property, and
(3) Merchant shall indemnify the Ocean
Carrier against
any resulting loss, damage, or
liability suffered by the Ocean Carrier.
19. (Delivery by Marks) (A) The Ocean Carrier shall not be
liable for
failure or delaying delivery in accordance
with marks,
unless such marks have been clearly and
durably stamped
or marked upon the Goods, package, or
container by the
Merchant before they are received
by the Ocean or
Inland Carrier, in letters and numbers
not less than
two inches high, together with the
names of the
port of discharge and place of delivery.
(B) In no
circumstances shall the Ocean Carrier be
responsible for
delivery in accordance with other than
leading marks.
(C) The Merchant warrants that the
marks on the
Goods, packages and containers correspond
to the marks
shown on this Bill of Lading and also
in all respects
comply with all laws and regulations
in force at the
port of discharge or place of delivery.
The Merchant
shall indemnify the Ocean Carrier against
all loss, damage
or expenses resulting from inaccuracy
or
incompleteness of the marks. (D) Goods that cannot be
identified as to
marks or numbers, cargo seeping
liquid residue
and any unclaimed goods not otherwise
accounted for
may be allocated for the purpose
of completing
delivery to the various Merchants of Goods
of like
character in proportion to any apparent
shortage, loss
of weight or damage.
20. (Delivery) (A) The Ocean Carrier shall have the right
to deliver the
Goods at any time at the Vessels side,
customhouse,
warehouse, wharf, or any other place
designated by
the Ocean Carrier, within the
geographic
limits of the port of discharge or place
of delivery
shown of the face of this Bill of Lading
(B) The Ocean
Carrier's responsibility shall cease
when the Goods
have been delivered to the Merchant
Inland Carrier
connecting carrier or any other person
entitled to
receive the Goods on Merchant's behalf
at the place
designated by the Ocean Carrier Delivery
of the Goods to
the custody of customs or any other
public authority
shall constitute final discharge of
the Ocean
Carrier's responsibility. (C) In
case the
cargo received
by the Ocean Carrier is containers
packed by or on
behalf of the Merchant (1) The Ocean
Carrier shall
only be responsible for delivery of the
total number of
containers received (2) The Ocean
Carrier shall
not be required to unpack the containers
and deliver
their contents in accordance with brands,
marks, numbers
sizes to types of items or pieces (3)
At the Ocean
Carrier is discretion and upon the
Merchant's
request in writing to the Ocean Carrier at
least 3 days
prior to the scheduled date of arrival
of the Vessel at
the port of discharge containers may
be unpacked and
their contents delivered by the Ocean
Carrier in
accordance with the written request. In
such a case if
the seal of the containers is intact at
the time of
unpacking all the Ocean Carrier's
obligations
under this Bill of Lading shall be deemed
to have been
discharged the Ocean Carrier shall not
be responsible
for any loss or damage resulting from
such delivery
and the Merchants shall be liable for an
appropriate
adjustment of the freight and any
additional
charges incurred.
(D) If the Goods
have been packed into a
container by the
Ocean Carrier it shall unpack
the container
and deliver its contents, and the Ocean
Carrier shall
not be required to deliver the Goods
in the
container. At the Ocean Carrier's
discretion,
and subject to
prior arrangement between the Merchant
and the Ocean
Carrier the Goods may be delivered to
Merchant in the
container, in which case if the
container is
delivered with seals intact all the
Ocean Carrier's
obligations under this Bill of Lading
shall be deemed
to have been discharged, and the Ocean
Carrier shall
not be responsible for any loss or damage
to the contents
of the container. (E) Optional
delivery shall
be granted only when arranged prior
to the time of
receipt of the Goods by Ocean Carrier
and if expressly
stated on the face of this Bill of
Lading.
The Merchant desiring to avail himself of
the option so
expressed must give notice in writing
to the Ocean
Carrier at the first port of call named
in the option at
least 48 hours prior to the Vessel's
arrival there,
otherwise the Goods shall be landed at
any of the
optional ports at Ocean Carrier's option,
and the Ocean
Carrier's responsibility shall then
cease.
(F) Ocean Carrier is not responsible to give
notification, in
writing or otherwise, either to
Merchant or
others, of the arrival, discharge, or
disposition of
Goods, any custom or agreement to the
contrary
notwithstanding, and notwithstanding any
notation on the
face of this Bill of Lading, concerning
notification or
a notify party.
21. (On-Carriage and Forwarding) (A) Whether arranged
beforehand or
not, the Ocean Carrier shall be at
liberty without
notice to carry the Goods wholly or
partly by the
named or any other Vessel, craft barge,
or other means
of transport by water, land or air,
whether or not
owned or operated by the Ocean Carrier.
(B) The Ocean
Carrier may under any circumstances
whatsoever
discharge the Goods or any part of them
at any port or
place and store them afloat or ashore
and then forward
them by any meansof transport.
(C) If the Goods
cannot be found at the
port of
discharge or place of delivery, or if they be
miscarried,
they, when found, may be forwarded to their
intended port of
discharge or place of delivery at the
Ocean Carrier's
expense, but the Ocean Carrier shall
not be liable
for any loss, damage, delay, or
depreciation
arising from such forwarding. (D)
In case
of Port-to-Port
Transportation, on-carriage of cargo
by the
underlaying water carrier, or receipt of cargo
from ports or
inland points not including within the
ship's itinerary
or the Ocean Carrier's service, is to
be at the sole
risk and expense of the Merchant, and
neither the
Ocean Carrier not its Vessel shall be deemed
to be the agent
or principal of a prior or subsequent
carrier
notwithstanding the issuance by the Ocean
Carrier of a
Bill of Lading, receipt, or other shipping
document at a
time or place prior to that at which the
Goods are
received by the Ocean Carrier.
22. (Fire) The Ocean Carrier shall not be responsible for
any loss of or
damage to the Goods arising from fire
occurring at any
time, even though before loading
on or after
discharge from the Vessel, unless caused
by the actual
fault or privity of the Ocean Carrier.
23. (Lien) (A) The Ocean Carrier shall have a lien on the
Goods, which
shall survive delivery, for all freight,
dead freight,
demurrage, damages, loss, charges,
expenses, and
any other sums (including costs, customs
fees, attorney
fees, and other fees for recovering
the sums)
chargeable to the Merchant under this Bill
of Lading and
any preliminary contract for custody
or carriage of
the Goods. Ocean Carrier may
foreclose
the lien by
selling the Goods without notice to the
Merchant
privately or by public auction. If
on sale
of the Goods the
proceeds fail to cover the amount due
and the costs
and fees incurred, the Ocean Carrier
shall be
entitled to recover the deficit from the
Merchant.
23. (B) If the Goods are unclaimed during
a reasonable
time, or whenever in the Ocean Carrier's
opinion the
Goods will become deteriorated, decayed
or worthless,
the Ocean Carrier (without responsibility
to it) may at
its discretion and subject to its lien,
sell, abandon,
or otherwise dispose of such Goods at
the sole risk
and expense of the Merchant.
24. (Freight and Charges) (A) Freight may be calculated on
the basis of the
particulars of the Goods furnished by
the Merchant,
who shall be deemed to have guaranteed
to the Ocean
Carrier the accuracy of the contents,
weight, measure,
or value as furnished by him at the
time of receipt
of the Goods by the Ocean or Inland
Carrier, but the
Ocean Carrier for the purpose of
ascertaining the
actual particulars may at any time
and at the risk
and expense of the Merchant open the
container or
package and examine contents, weight,
measure, and
value of the Goods. In case of
incorrect
declaration of
the contents, weight, measure and or
value of the
Goods, the Merchant shall be liable for
an bound to pay
to the Ocean Carrier: (1) the balance
of freight
between the freight charged and that which
would have been
due had the correct details been given,
plus (2)
expenses incurred in determining the correct
details, plus
(3) as liquidated and ascertained
damages, an
additional sum equal to the correct
freight.
(B) Full freight to the port of discharge or
place of
delivery shall be considered as completely
earned on
receipt of the Goods by the Ocean Carrier,
whether the
freight be stated or intended to be
prepaid or to be
collected at destination. The
Ocean Carrier
shall be entitled to all freight and
other charges
due hereunder, whether actually paid
or not and to
receive and retain such freight and
charges under
any circumstances, whether the Vessel
and/or the Goods
be lost or not, or the voyage be
broken up,
frustrated, or abandoned at any stage of
the entire
transit. Full freight shall be paid
on
damaged or
unsound Goods. (C) The Payment of
freight
and/or charges
shall be made in full and in cash
without any
offset, counter claim, or deduction.
Where freight is
payable at the port of discharge or
place of
delivery, such freight and all other charges
shall be paid in
the currency named in this Bill of
Lading, or, at
Ocean Carrier's option, in other
currency subject
to the regulators of the freight
conference
concerned, if any, or custom at the place
of payment.
24. (D) Goods once received
by the Ocean
Carrier cannot be taken away or disposed
of by the
Merchant except upon the Ocean Carrier's
consent and
after payment of full freight and
compensation for
any loss sustained by the Ocean
Carrier through
such taking away or disposal. (E)
If
the Goods are
not available when the Vessel is ready
to loan: (1) The
Ocean Carrier is relieved of any
obligation to
load such Goods and the Vessel may leave
the port without
further notice. (2) Unless the
unavailability
arises in the course of combined
transport and is
caused by the failure of an Inland
Carrier to
perform its obligations under this Bill of
Lading, dead
freight shall be paid by the Merchant.
(F) The Merchant
shall be liable for and shall
indemnify the
Ocean Carrier against: (1) all dues,
duties, taxes,
consular fees, and other charges levied
on the Goods,
and (2) all fines, damages and losses
sustained by the
Ocean Carrier in connection with
Goods, howsoever
caused, including the Merchant's
failure to
comply with laws and regulations of any
public authority
in connection with the Goods, or
failure to
procure consular, Board of Health, or other
certificates to
accompany the Goods. The Merchant
shall be liable
for return freight and charges on any
Goods refused
exportation or importation by any
public
authority. (G) If the Ocean Carrier
is of the
opinion that the
Goods are in need of sorting,
inspecting,
mending, repairing, or reconditioning, or
otherwise
require protecting or caring for, the Ocean
Carrier at its
discretion may, by itself or through
Subcontractors,
and as agent for the Merchant, carry
out such work at
the risk and expense of the Merchant.
(H) The shipper,
consignor, consignee, owner of the
Goods and holder
of this Bill of Lading shall be
jointly and
severally liable to the Ocean Carrier for
the payment of
all freight and charges and for the
performance of
the obligations of any of them under
this Bill of
Lading.
25. (Notice of Claim and Time for Suit against Ocean
Carrier) (A)
Unless notice of loss or damage and the
general nature
of such loss or damage be given in
writing to the
Ocean Carrier at the port of discharge
or place of
delivery before or at the time of delivery
of the Goods or,
if the loss or damage is not apparent,
within 3 days
after delivery, the Goods shall be
deemed to have
been delivered as described in this
Bill of Lading.
(B) The Ocean Carrier shall be
discharged from
all liability in respect of the Goods,
including
without limitation non delivery, misdelivery,
delay, loss, or
damage, unless suit has been brought
within one year
after delivery of the Goods or the
date when the
Goods should have been delivered. Suit
shall not be
considered to have been "brought" within
the time
specified unless process shall have been
served and
jurisdiction obtained over the Ocean
Carrier within
such time.
26. (Limitation of Liability) (A) Subject to subpart (B)
below for the
purpose of determining the extent of the
Ocean Carrier's
liability for loss of or damage to the
Goods, the
Merchant agrees that the value of the Goods
is the
Merchant's net invoice cost, plus freight and
insurance
premium, if paid. The Ocean Carrier
shall
not be liable
for any loss or profit or any
consequential
loss. (B) Insofar as the loss of or
damage to or in
connection with the Goods was
caused during
the part of the custody or carriage to
which the
applicable version of the Hague Rules
applies:
(1) The Ocean Carrier shall not be liable
for loss or
damage in an amount exceeding the
minimum
allowable per package or unit in the
applicable
version of the Hague Rules, which when
U.S. COGSA is
applicable is an amount not exceeding
U.S. $500 per
package or customary freight unit,
unless the value
(and nature) of Goods higher than
this amount has
been declared in writing by the
Merchant before
receipt of the Goods by the Ocean
Carrier and
inserted on the face of this Bill of
Lading and extra
freight has been paid as required.
If the actual
value of the Goods per package or unit
exceeds such
declared value, the value shall
nevertheless be
deemed to be the declared value, and
the Ocean
Carrier's liability, if any, shall not exceed
the declared
value. Any partial loss or damage
shall
be adjusted pro
rata on the basis of such declared
value. If the
declared value has been willfully
misstated or is
markedly higher than the actual value,
the Ocean
Carrier shall not be liable to pay any
compensation.
26. Where the cargo has been packed into a container
unitized into a
similar article of transport by or on
behalf of the
Merchant, it is expressly agreed the
number of such
containers or similar articles of
transport shown
on the face of this Bill of Lading
shall be
considered as the number of the packages or
units for the
purpose of the application of the
limitation of
liability provided for in this Article.
27. (General Average: New Jason Clause) (A) General average
shall be
adjusted, stated and settled at any port or
place as the
Ocean Carrier's option and according to
the York-Antwerp
Rules, 1994 and as to matters not
provided for by
these Rules, according to the laws and
usages of the
port or place of adjustment and in the
currency
selected by the Ocean Carrier. The
general
average
statement shall be prepared by the adjusters
appointed by the
Ocean Carrier. Average agreement
or bond and such
cash deposit as the Ocean Carrier
may deem
sufficient to cover the estimated
contribution of
the Goods and any salvage and special
charges thereon
and any other additional securities as
the Ocean
carrier may require shall be furnished by the
Merchant to the
Ocean Carrier before delivery of the
Goods.
(B) In the event of accident, danger, damage,
or disaster
before or after commencement of the
voyage,
resulting from any cause whatsoever, whether
due to
negligence or not for which or for the
consequence of
which the Ocean Carrier isn't
responsible by
statue, contract, or otherwise, the
Goods and the
Merchant shall jointly and severally
contribute with
the Ocean Carrier in general average
to the payment
of any sacrifices, loss, or expenses
of a general
average nature that may be made or
incurred, and
shall pay salvage and special charges
incurred in
respect of the Goods. If a salvage
ship
is owned or
operated by the Ocean Carrier, salvage
shall be paid
for as fully and in the same manner
as if such
salvaging ship belonged to strangers.
28. (Both to Blame Collision) If the Vessel comes into
collision with
another ship as a result of the
negligence of
the other ship and any act, neglect, or
default of the
Master, mariner, pilot, or servants of
the owner of the
Vessel in the navigation or in the
management of
the Vessel, the Merchant shall indemnify
the Ocean
Carrier against all loss or liability which
might be
incurred directly or indirectly to the other
or non-carrying
ship or her owners insofar as such
loss or
liability represents loss of or damage to his
Goods or any
claim whatsoever of the Merchant paid or
payable by the
other or non-carrying ship or her
owners to be
Merchant and set-off, recouped, or
recovered by the
other or non-carrying ship or her
owners as part
of their claim against the carrying
Vessel or its
owner. The foregoing provisions
shall
also apply where
the owners, operators, or those in
charge of any
ship or ships or objects other than,
or in addition
to the colliding ships or objects are
at fault in
respect of a collision contact stranding
or other
accident.
29. (Carriage of Metal Products, Lumber, Cotton) (A) The
term
"apparent good order and condition" when used in
this Bill of
Lading does not mean: (1) with reference
to iron, steel,
or metal products, that the Goods
when received
were free from visible rust or moisture.
(2) with
reference to lumber, timber, plywood, or
other wood
products, that the Goods when received were
free from
visible stains, discoloration, moisture,
shakes, holes,
chaffed, breakage or splitting. If
the Merchant so
requests a substitute Bill of Lading
will be issued
setting forth any notations as to the
foregoing that
may appear on the mate's or tally
clerk's receipts
or similar document. (B)
Description
of the condition
of cotton cargo does not relate to
the sufficiency
or not or condition of the covering
nor to any
damage, resulting therefrom. Ocean
Carrier
shall not be
responsible for any such damage.
30. (Grain) Discharge of grain received by the Ocean
Carrier in bulk
may be in port, on barges, and or
lighters, or
elsewhere, using or not using elevators,
and such
discharge shall constitute a sufficient
delivery by the
Carrier. Thereafter said grain
shall
be at the risk
and expense of the Merchant.
31. (Intermodal Transportation) (A) This Bill of Lading may
be issued for
Intermodal Transportation in any
country.
When so issued as between the Merchant and
an Inland
Carrier custody and carriage of the Goods
by the Inland
Carrier are subject to the relevant laws,
regulations,
tariffs and Bill of Lading are available
from the Ocean
or Inland Carrier upon request.
(B) Claims by
the Merchant against an Inland Carrier
for loss or
damage shall be given and suit commenced
as provided in
the Inland Carrier's applicable Bill
of Lading.
32. (Ocean Carrier's Tariff) This Bill of Lading is subject
to the Ocean
Carrier's applicable tariff. Copies
of
the applicable
tariff are obtainable from the Ocean
Carrier upon
request.
33. (Severability of Terms) The terms of this Bill of
Lading are
severable and if any part or term is
declared invalid
or unenforceable, the validity or
enforceability,
of any other part or term shall not
be affected.
34. (Himalaya Clause) All exceptions, exemptions defenses
immunities,
limitations on liability, privileges and
conditions
granted or provided by this Bill of Lading
or by applicable
tariff or by statue or for the
benefit of the
Carrier shall also apply to and for the
benefit of all
the officers and employees of the
Carrier and the
agents, officers and crew of the Vessel
and to and for
the benefit of all parties performing
services in
connection with the Goods as agents or
contractors of
the Carrier (including, without
limitation,
stevedores, terminal operators and agents)
and the
employees of each them.
Conditions of Insurance
1. INSURED:
Corporations, partnerships and individuals.
2. And/or for whom they have instructions to insure.
3. LOSS PAYABLE:
Loss, if any, payable to the Insured or Order.
4. SUBJECT MATTER INSURED:
General Merchandise, not otherwise excluded by underwriters per the
CargoCover program and as may be amended from time to time.
5. ATTACHMENT DATE:
This policy to attach only on shipments confirmed through the CargoCover
program as booked to the Insured, or to whom the Insured has
instructions to insure, on or after 12:01 a.m., Eastern Standard Time,
December 1, 1997.
6. CANCELLATION CLAUSE:
This contract may be cancelled or amended as outlined in the
Registration Agreement, Modification of Terms, as posted on the
OceanWide network under the CargoCover program, Terms Of Use.
Cancellation of this Policy shall not prejudice any risk or risks which
shall have already attached. Notice to Insured may be provided
electronically to the e-mail address indicated upon registration to
CargoCover, with no further notice required by Underwriters.
Cancellation of War, Strikes, Riots and Civil Commotions and Malicious
Damage Risks provided, shall be seven (7) days notice at any time but in
respect of sendings to or from the United States of America, Strikes,
Riots and Civil Commotions and Malicious Damage Risks shall be subject
to forty-eight (48) hours notice.
7. VALUATION:
All shipments to be valued at Cost, Insurance and Freight, including any
prepaid and/or advanced and/or guaranteed freight plus 10% (C.I.F. plus
10%) unless otherwise agreed in writing prior to shipment.
8. DUTY AND/OR COLLECT FREIGHT:
This insurance also covers, subject to the policy terms of average, the
risks of partial loss by reason of perils insured against on import
duties imposed on property insured hereunder and collect freight (unless
guaranteed or payable "vessel loss or not lost"), it being understood
and agreed, however, that when the risk upon the goods continues beyond
the time of landing from the overseas vessel, the increased value,
consequent upon the payment of such duties and/or freight, shall attach
as an additional insurance upon the goods from the time such import duty
and/or freight is paid or becomes due, to the extent of the amounts
thereof actually paid or payable.
Any limit of liability expressed in this policy shall be applied
separately to such increased value.
The Assured warrants that on all such risks insured hereunder a separate
amount shall be reported sufficient to cover said import duty and/or
freight and upon which the rate of premium shall be an agreed percentage
of the merchandise rate.
The Assured will, in all cases, use reasonable efforts to obtain
abatement or refund of import duties paid or claimed in respect to goods
lost, damaged or destroyed. It is further agreed that the Assured shall,
when this Assurer so elects, surrender the merchandise to the Customs
Authorities and recover import duties thereon as provided by law, in
which event the claim under this policy shall be only for a total loss
of the merchandise so surrendered and expenses.
This insurance on import duty and/or freight shall terminate at the end
of the import movement covered under this policy (including the
Warehouse to Warehouse and/or Marine Extension Clauses) but nothing
contained in these clauses shall alter or affect any coverage granted
elsewhere in the policy during the storage or transit subsequent
thereto.
9. VOYAGE CLAUSE:
At, from and between ports and/or places worldwide, excluding shipments
to/from Iran, Iraq, Cuba, Liberia, Myanmar (Burma), Sudan, Syria, North
Korea, and as may be amended per the coverage terms and conditions of
the CargoCover program.
Cover to attach as indicated in the Certificate of Insurance and
continues in transit and/or in store or wherever located and until
finally delivered to final destination as indicated in the Certificate
of Insurance, including the risks loading and unloading, as required.
10. SOUTH AMERICA CLAUSE:
The following clause shall apply in respect of shipments to South
America:
"Notwithstanding anything contained elsewhere to the contrary, the
insurance provided hereunder shall continue to cover for sixty (60) days
(ninety(90) days on shipments via the Magdelena River) after completion
of discharge of the overseas vessel at port of destination or until
goods are delivered to the final warehouse at destination whichever may
first occur, and shall then terminate.
The time limit referred to above to be reckoned from Midnight of the day
on which the discharge of the overseas vessel is completed".
Should the above be more restrictive than other conditions contained in
this Policy wording, it is agreed that the South America Clause shall
automatically become void.
11. CONVEYANCES:
Any conveyance land, sea or air.
NOTE:
Whenever the words "ship", "vessel","seaworthiness","Shipowner"
or
"Vessel Owner" appear in this Policy, they are deemed to include also
the words "aircraft","airworthiness",and "aircraft
owner".
CONVEYANCE WORTHINESS ADMITTED:
The worthiness of the "conveyance" as between the Insured and the
Insurers is hereby admitted. In the event of loss, the Insureds right of
recovery hereunder shall not be prejudiced by the fact the loss may have
been attributable to the wrongful act or misconduct of the
"conveyance"
owners, charterer, their agents or their servants. The Insurer shall pay
(subject to the same terms of coverage and other conditions of this
Policy), to the innocent Insured the resulting loss.
12. REPORTING SHIPMENTS:
All declarations shall be per Certificates of Insurance issued under the
CargoCover program and as maintained in the OceanWide Marine Network
database. Should there be any discrepancy between the printed
Certificate of Insurance and that information maintained on the
OceanWide Marine Network database, the OceanWide Marine Network database
shall be deemed correct.
13. LIMIT OF LIABILITY:
These Insurers are not to be liable for more than:
US$400,000 any one shipment.
If the total value at risk exceeds the limit(s) of liability provided by
this Policy, the Insured shall nevertheless report the full amount at
risk to these assurers and shall pay full premium thereon. Acceptance of
such reports and premium shall not alter or increase the limit(s) of
liability of these Insurers but these Insurers shall be liable for the
full amount of covered loss up to but not exceeding the applicable
limit(s) of liability.
14. CANADIAN LAW AND USAGE:
This insurance is understood and agreed to be subject to Canadian Law
and Usage as to liability for and settlement of any and all claims.
15. PERILS:
Touching the adventures and perils which we the Insurers are contented
to bear and to take upon ourselves in this voyage, they are of the Seas,
Men-of-War, Fire, Enemies, Pirates, Rovers, Thieves, Jettisons, Letters
of Mart and Countermart, Surprisals, Takings at Sea, Arrests, Restraints
and Detainments of all Kings, Princes and People, of what Nation,
Condition or Quality soever, Barratry of the Master and Mariners, and of
all other like Perils, Losses and Misfortunes that have or shall come to
the Hurt, Detriment or Damage of the said Goods and Merchandises and
Ship, etc. or any part thereof; and in case of any loss or misfortune,
it shall be lawful for the Insured, their factors, servants and assigns,
to sue, labor and travel for, in, and about the defense, safeguard and
recovery of the said goods and merchandises and ship, etc., or any part
thereof without prejudice to this insurance; to the charges whereof, we,
the Insurers, will contribute, each one according to the rate and
quantity of his sum herein insured. It is especially declared and agreed
that no acts of the Insurers or Insured in recovering, saving, or
preserving the property insured, shall be considered as a waiver or
acceptance of abandonment.
16. INCHMAREE, NEGLIGENCE, NAVIGATION MANAGEMENTS ETC.:
This insurance also covers any loss, or damage to, the interests insured
hereunder, caused by accidents in loading, discharging, or handling of
cargo, or in bunkering, or in taking in fuel, or caused through the
bursting and/or breakage and/or loose connections of boilers, pipes or
shafts, or through any latent defect in the machinery, hull, or
appurtenances, or from faults or errors in the navigation or management
of the vessel, craft or cargo for which the vessel, her owners, agents
or charterers is or are relieved of responsibility; also including all
risks of negligence, default or error in the judgment of or by the
masters, mariners, mates, engineers, pilot, crew or stevedores, or other
persons employed by the ship owners, or for whose acts he is
responsible.
Claims under this clause payable irrespective of percentage.
17. EXPLOSION CLAUSE:
The risks covered by this insurance are to include loss, damage or
expense resulting from explosion, howsoever occurring, irrespective of
the percentage, whether the insurance be free from Particular Average or
otherwise.
18. SHORE RISKS:
This policy covers whilst on any land conveyances and/or docks and/or
wharves and/or elsewhere on shore, against loss or damage caused by
fire, lightning, windstorm, hail, explosion, earthquake, landslide,
theft, strike, riot, civil commotion, malicious act, flood, rising
waters, smoke, impact by vehicle or aircraft, sprinkler leakage, water
escape, collision, upset, derailment or other accident to the land
conveyance, collapse and/or subsidence of docks and/or wharves and/or
bridges and/or viaducts and/or similar structures, even though these
risks may be uninsured under the marine transit clause. Should the
marine transit clause provide wider cover, then such cover shall apply.
Claims under this Clause payable irrespective of percentage.
19. FUMIGATION:
In the event of any vessel, conveyance, wharf, warehouse or premises
being fumigated by order of a properly constituted authority, Insurers
agree to indemnify the Insured for such cost of fumigation and any
damage resultant the refrom to the goods hereby insured. The Insured
hereby agrees to subrogate to Insurers any recourse that they may have
for recovery of such damage from other.
20. REPLACEMENTS BY AIR:
It is agreed that where there is loss or damage which is the subject of
a claim hereunder and the Insured considers it necessary to forward
replacements by Air, Insurers will pay the extra costs so involved, to a
maximum additional expense of 20% of sum insured, notwithstanding that
the original consignment was not dispatched by Air.
21. BRANDS CLAUSE:
In case of damage to property bearing a brand or trademark, or the sale
of which carries or implies a guarantee of the supplier or Insured, the
salvage of such damaged property shall be determined after the removal
of all brands or trademarks.
22. LABELS AND CARTONS:
In case of damage from perils insured against affecting labels and/or
cartons only, loss to be limited to an amount sufficient to pay the cost
of reconditioning, cost of new labels and/or cartons and relabelling
and/or repacking of goods, provided the damage will have amounted to a
claim under the terms of this Policy.
23. PACKAGE CLAUSE:
It is understood and agreed that should the outer package be damaged
from any cause which renders the interest unfit for on-shipment or
distribution, irrespective of final destination shown herein, the
Insurer to pay the cost of reasonable repacking expenses, provided such
damage occurred during the currency of this insurance.
24. PACKING CLAUSE:
Where the packing (including storage in any container or liftvan and
stowage into any vessel, aircraft or conveyance) or preparation of the
subject matter insured is carried out by a party other than the Insured
then the Insurer agrees that the Policy is extended to cover loss,
damage and additional expenses/charges caused by or alleged to have been
caused by insufficiency or unsuitability of the packing or preparation
of the subject matter insured.
Permission is also granted the Insured to issue a release and/or waiver
of subrogation in favour of packers, stevedores and warehousemen as and
when required but subject to such release and/or waiver being given
prior to the loss under this Policy.
Where the insufficiency or unsuitability of the packing or preparation
of the subject matter insured was with the privity and knowledge of the
Insured, then the above extension of coverage will not apply.
25. JASON CLAUSE:
Including Insured's liability under Jason Clause (new or old) if in the
Bill of Lading.
26. FREIGHT RISKS CLAUSE:
In the event of a loss occurring resulting in the vessel returning to
point of origin where the shipowner terminates Contract of Affreightment
in accordance with the Bill of Lading, it is agreed that in the event of
goods being reforwarded to intended destination Insurers hereon shall be
liable for any additional freight charges involved.
27. BOTH TO BLAME CLAUSE:
Where goods are shipped under a Bill of Lading containing the so-called
"Both to Blame Collision" Clause, these Insurers agree as to all
losses
covered by this insurance, to indemnify the Insured for this Policy's
proportion of any amount (not exceeding the amount insured) which the
Insured may be legally bound to pay to the shipowners under each such
clause. In the event that such liability is asserted, the Insured agrees
to notify these Insurers who shall have the right, at their own cost and
expense, to defend the Insured against such claim.
28. CONTINUATION:
In case of short shipment in whole or in part, or if the goods be
shipped by, or transhipped to another vessel and/or vessels, to be
carried beyond, or discharged short of destination, or in the event of
deviation, change of voyage or vessel, or any interruption beyond the
control of the Insured, or other variation beyond the control of the
Insured, or other variation of the voyage or risk, this insurance shall
nevertheless cover the goods until safe arrival and delivery at
destination, provided prompt notice be given these Insurers when such
facts are known to the Insured, and additional premium paid if required.
29. SPECIAL LIGHTERAGE:
Cargo held on lighters and/or craft and/or conveyances for a period in
excess of the customary time to load or discharge is held covered
subject to additional premium as may be mutually agreed upon.
30. REFUSED OR RETURNED SHIPMENTS:
This insurance to cover all shipments, subject to the original insurance
conditions which may be refused at time of delivery and returned by the
consignee and/or consignees, whilst awaiting shipment or re-shipment and
until received by the Insured or otherwise disposed of, and the Insured
warrants to report all such shipments as soon as practicable after they
have knowledge of the refusal and to pay premium thereon at rates to be
agreed.
31. MACHINERY PARTS REPLACEMENT:
(Including Used Machinery which for the purposes of this Clause shall be
valued at new Replacement Value)
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.
It is agreed that the "term" charges for forwarding" appearing in
the
Institute Replacement Clause covers forwarding by sea or air.
32. SECONDHAND REPLACEMENT CLAUSE:
In the event of claim for loss or damage to any part of the Insured
interest in consequence of a peril covered by the Policy, the amount
recoverable hereunder shall not exceed such proportion of the cost of
replacement of the parts lost or damaged as the insured value bears of
the value of new machinery plus additional charges for forwarding and
refitting the new part or parts if incurred.
33. ON DECK CARGO CLAUSE:
Any cargo shipped on deck with under deck Bill of Lading to be covered
and rated as for under deck shipments.
34. CONTAINERS ON DECK:
Notwithstanding anything contained herein to the contrary, it is
understood and agreed that goods and/or merchandise in containers and/or
vans and/or lighters, whether stowed on or under deck, are subject to
under deck insuring conditions and limits. Furthermore, coverage under
this Clause shall include loss of or damage to goods and/or merchandise
caused by jettison and/or loss overboard.
35. SHORTAGE FROM CONTAINERS:
It is agreed that the Insurer is to pay for shortage of contents
(meaning thereby the difference between the number of packages as per
Shippers and/or Suppliers Invoice and/or Packing List, loaded or alleged
to have been loaded into the container and the count of packages removed
therefrom, taken by the Insured and/or their Agent at the time of
emptying the container), howsoever, wheresoever and whensoever occurring
without the privy or knowledge of the Insured.
36. INSOLVENCY CLAUSE:
This insurance covers loss, damage or expenses arising from insolvency
or financial default of the owners, managers, charterers or operators of
the vessel, where the Insured are able to show that, prior to the
loading of the subject matter insured on board the vessel, all
reasonable practicable and prudent measures were taken by the Insured,
their servants and agents, to establish the financial reliability of the
party in default.
37. ADDITIONAL EXPENSE CLAUSE:
This Policy is also to cover claims for any additional costs or expense
in respect of additional handling, discharge, carriage or processing or
reprocessing of such cargo which arrives in a damaged condition as a
result of a peril insured hereunder.
38. DELAYED OPENING CLAUSE:
In the event of delay in opening containers, cartons, cases, packages,
and any other storage receptacle, any loss or damage discovered shall be
deemed to have occurred during the marine, air or land conveyance
transit, provided that damage is discovered within 30 days from the date
the goods arrive at site or destination and which can be reasonably
attributed to have occurred during transit.
39. SHUT-OUT CLAUSE:
In the event of the interest being "shut-out" due to any strike,
labour
disturbance, withholding of labour or any other reason, from the
carrying vessel, aircraft or conveyance, this Policy is extended to
cover the interest while waiting on the wharf, quay, pier, warehouse or
other storage/transportation point or during transfer to and whilst at
any other wharf, quay, pier, warehouse or other storage/transportation
point, provided prompt notice be given these Insurers when such facts
are known to the Insured and additional premium paid if required.
40. DELIBERATE DAMAGE CLAUSE - POLLUTION HAZARD:
(A) This insurance is extended to cover, but only while the interest
insured is on board a waterborne conveyance, loss of or damage to said
property directly caused by governmental authorities acting for the
public welfare to prevent or mitigate a pollution hazard or threat
thereof, provided the accident or occurrence creating the situation
which required such governmental action would have resulted in a
recoverable claim under the Policy (subject to all of its terms,
conditions and warranties) if the interest insured would have sustained
physical loss or damage as a direct result of such accident or
occurrence.
This agreement shall not increase the Limits of Liability provided for
elsewhere in this Policy.
(B) DELIBERATE DAMAGE - CUSTOMS SERVICE:
This insurance is also specially to cover, notwithstanding the Free of
Capture and Seizure warranty contained herein, physical loss of or
damage to the goods insured arising out of the performance of inspection
duties by Customs Service Agents or other duly constituted governmental
agencies who are performing inspection duties of or for the Customs
Service.
41. CONTAINER DEMURRAGE CHARGES:
This policy shall cover demurrage charges and/or late penalties assessed
against, and paid by, the Assured for late return of containers when
said container are retained by the Assured at the instruction of these
Insurers for inspection by the Insurers Surveyor in investigation of
loss or damage recoverable under this policy.
The time period for which the Insurers shall be liable for said charges
and/or penalties shall begin at the time these Insurers instructs the
Assured to retain the containers for inspection and end at the time the
Insurers Surveyor instructs the Assured to return the containers.
42. CONFIRMATION OF NON-DELIVERY CLAUSE:
Where the subject matter insured hereunder (or any apportionable part)
becomes missing and after the lapse of a reasonable time has not been
located, an actual total loss of the subject-matter insured (or any
apportionable part) may be presumed.
For the purposes of this insurance, there shall be deemed to have been
the lapse of a reasonable time, where delivery to the consignees' or
other final warehouse or place of storage at the destination named
herein has not been effected within 180 Days of the expected date of
such delivery.
If, after the payment by the insurers of an actual total loss as
provided for above, the subject-matter insured or whatever may remain
thereof is located, the ownership and all proprietary rights incidental
thereto shall be vested in the insurers. The insured hereunder shall
nevertheless have the option of (re-)purchasing from the insurers the
subject matter insured or whatever may remain thereof.
43. GENERAL AVERAGE AND SALVAGE CHARGES:
General Average and/or Salvage Charges and/or Special Charges and Sue
and Labour, if incurred, are payable in accordance with the contract of
affreightment or, if there be no contract of affreightment, payable in
accordance with either the laws and usages prevailing at the port of
destination or at the termination of the voyage or in accordance with
Canadian law and usage.
Notwithstanding anything herein to the contrary, these Insurers shall
pay any claim covered under this section in full irrespective of any
comparison between the insured value and the contributory value.
44. DEBRIS REMOVAL CLAUSE:
This insurance includes expenses incurred in the removal of all debris
of or from the property insured hereunder which may be occasioned by
loss caused by any of the perils insured against. However, the total
liability under this clause shall not exceed ten percent (10%) of the
insured value of the involved cargo.
45. SUBROGATION AND RELEASE CLAUSE:
Including Waiver of Subrogation against Insured, subsidiary, associated
and/or affiliated companies and/or any parties given a Waiver of
Subrogation by the Insured in the course of their business. It is
further understood and agreed that this insurance shall not be
prejudiced by the Insured accepting released, or limited liability bills
of lading or shipping receipts.
46. PERMISSION TO SIGN AND COUNTERSIGN:
Permission is hereby granted the Insured to issue and countersign
Certificates of Insurance in respect to merchandise covered under this
Policy.
47. LANGUAGE OF POLICY:
It is specifically understood and agreed that the language of this
Policy is the language of the Insurers.
48. INSTITUTE RADIOACTIVE CONTAMINATION EXCLUSION CLAUSE:
This Clause shall be paramount and shall override anything contained in
the insurance inconsistent therewith.
1. In 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 of war employing atomic or nuclear fission and/or fusion
or other like reaction or radioactive force or matter.
RADIOACTIVE CONTAMINATION EXCLUSION CLAUSE ENDORSEMENT:
This insurance is subject to the Institute Radioactive Contamination
Exclusion (above) provided that, if fire is an insured peril, and where
the subject matter insurance or, in the case of a reinsurance, the
subject matter insured by the original insurance, is within the U.S.A.
and/or Canada, their islands, onshore territories or possessions, and a
fire arises directly or indirectly from one or more of the causes
detailed in Sub-Clauses 1.1 and 1.2 of the Institute Radioactive
Contamination Exclusion (above), any loss or damage arising directly
from that fire shall, subject to the provisions of the insurance, be
covered, EXCLUDING, however, any loss, damage, liability or expense
causes by nuclear reaction, nuclear radiation or radiation contamination
arising directly or indirectly from that fire.
49. TITLES OF PARAGRAPHS
The titles of the various paragraphs of this Policy (and of
Endorsements, if any, now or hereafter hereto) are inserted solely for
the convenience of reference and shall not be deemed to extend or limit
in any way the provisions to which they relate.
(a) PRINTED CONDITIONS:
Wherever the printed Conditions of this Policy conflict with or are at
variance with the typewritten Conditions or vice versa, the coverage
most beneficial to the Insured shall always prevail.
The word "Insurer" shall be substituted for the word
"Underwriter" and
the word "Insured" shall be substituted for the word
"Assured" in all
printed forms that are part of this insurance.
(b) OVERLAPPING CLAUSE:
It is understood and agreed that should any Clauses conflict with each
other, the broader Terms and Conditions are deemed to apply in all
cases, to inure to the benefit of the Insured.
Notwithstanding this clause, with respect to War Risks, it is understood
that the Waterborne Agreement shall apply.
50. INSTITUTE CLAUSES :
Institute Cargo Clauses (A) 1/1/82
Institute Cargo Clauses (Air) 1/1/82
Institute Cargo Clauses (C) 1/1/82
Institute War Clauses (Cargo) 1/1/82
Institute War Clauses (Air Cargo) 1/1/82
Institute Strikes Clauses (Cargo) 1/1/82
Institute Strikes Clauses (Air Cargo) 1/1/82
Institute Frozen Food Clauses (A) 1/1/82
Including Frozen Food Extension
SPECIAL CONDITIONS
Automobile Clause
This insurance attaches from the moment the vehicle is delivered to the
steamship company or freight forwarder and covers continuously until
delivered by the steamship company or freight forwarder to the owner or
his representative; or on expiry of 72 hours after landing of the
vehicle on the dock at the final destination, or on destuffing of the
container whichever comes first.
Excluding wear and tear.
Against all loss or damage as per Institute Cargo Clauses (A) subject to
a preshipment survey or excluding claims for scratching, denting,
marring, chipping, rust, oxidation and discolourization, subject to a
deductible of $500 or $300 each and every claim as declared prior to
shipment.
For no reason will the Assurer(s) be liable for any loss or damage that
occurs to the vehicle whilst under its own power.
Excluding loss and/or damage arising from freezing of water in the
radiator and/or cooling system.
Household Goods and Personal Effects
It is warranted that all certificates or declarations for insurance of
household goods and/or personal effects must be accompanied by an
itemized valued inventory and insurance acknowledgment form signed and
returned by the shipper.
Each claim will be subject to a deductible of $500 or $300 each and
every claim as declared prior to shipment.
Antique Clauses
In the event of the subject-matter insured being damaged by risks
insured against, this insurance covers only the reasonable cost of
repairs and in no circumstances shall cover depreciation or loss in
value in addition thereto.
Additional terms and deductible to be agreed at time of shipment
Radioactive/Hazardous/Restricted or Controlled Items
Warranted packed in accordance to the IMDG or UN Code.
Laptops/Cell Phones/PDA's
Subject to a $1500. deductible any one accident or occurrence.
51. ON DECK CARGO:
Shipments on deck under an On Deck Bill of Lading (unless containers
and/or otherwise specified herein) are insured: Warranted free from
particular average in accordance with current Institute Cargo Clause (C)
1/1/82 including the risks of jettison and loss overboard irrespective
of percentage.
52. CLASSIFICATION CLAUSE:
Per regular line iron or steel steamers or motor vessel not less than
1,000 tons net register operating in their regular trade. Per other iron
or steel steamers or motor vessels not over 20 years of age nor less
than 1,000 tons net register, and classed A-1 American Record or 100 A-1
Lloyd's register or equivalent, but excluding, however:
1. Vessels built solely for service on the Great Lakes; and
2. Vessels built for military or naval service.
Insured shipments carried on vessels which are in conflict with the
above are automatically held covered at additional premium to be agreed.
RATE SCHEDULE
FROM/TO:PER $100.00 VALUE
As Per CargoCover Program Calculations, and as may be modified, adjusted
or amended at the discretion of the Underwriters in conjunction with
Marsh Canada Limited.
WAR RISKS
WAR RISKS:
Institute War Clauses, as applicable to Insuring Clauses.
WAR CANCELLATION CLAUSE:
The inclusion in this Contract of Insurance against War Risks (as
defined in Clause No. 1 of the Institute War Clauses) may be cancelled
by either the Underwriters or the Insured giving seven days' notice.
Such cancellation shall become effective on the expiry of seven days
from Midnight of the day on which notice of cancellation is issued by or
to Insurers, but shall not apply to:
(a) Any insurance against the said risks which shall have attached in
accordance with the conditions of the Institute War Clauses before the
cancellation becomes effective.
(b) Any declaration of goods for shipment by a named vessel or of
specified goods to be shipped by a vessel to be named later accepted by
Insurers before the time at which the cancellation becomes effective,
such goods not having been loaded on board the overseas vessel before
that time, provided the goods be loaded on board the overseas vessel and
the vessel sails within 15 days from Midnight of the day on which the
cancellation becomes effective, but if the insurance shall have attached
and the vessel does not sail within the said 15 days the insurance shall
end on the expiry of that period notwithstanding anything to the
contrary contained in the provisions of this contract of insurance.
Nothing in this Clause shall operate to cause a declaration to attach to
this contract if such declaration would be excluded owing to the vessel
not having sailed within the period stated in the contract.
STRIKES, ETC., RISKS
STRIKES, RIOTS, CIVIL COMMOTIONS, ETC.
Institute Strikes, Riots and Civil Commotions Clauses, as applicable to
insuring clauses.
IMPORTANT CLAIMS NOTICE
Examine your cargo promptly after delivery from carrier.
When cargo is received from the carrier in short or damaged condition at
destination, it is necessary for you to take the following action:
Immediately file general notice of claim against the carriers by either
endorsing the delivery receipt or by letter.
As soon as a complete examination of the goods has been made, notify the
carriers in writing of the actual items lost or damaged, specifying
values, etc.
Filing claim against the carrier will protect what rights you may have
under the Bill of Lading and will not affect your rights under your
insurance policy.
SUGGESTIONS TO FACILITATE HANDLING OF CLAIMS AGAINST INSURERS.
1. Claims for Loss or Damage:
(a) Notify the Insurer or nearest agent at once, or if there be no agent
of the Insurer in the vicinity, the Institute of London Underwriters'
Agent or Lloyd's Agent, and supply the following documents:
(I) Statement of Claims in detail.
(ii) Original Bill of Lading if available, otherwise a copy.
(iii) Original commercial invoice, or certified copy thereof, if
original not available.
(iv) Paid expense bills.
(v) Full set of insurance policies or certificates if issued.
(vi) Copy of claim against carrier and copy of their reply.
2. Claim for General Average:
(a) Before signing any average bond or agreement communicate with the
Insurer or its nearest agent, or if there be no agent of the Insurer in
the vicinity, the Institute of London Underwriters' Agents or Lloyd's
Agent.
(b) Do not make any cash deposit, but call upon the Insurer to furnish
the usual guarantee. However, if the Insurer has no representative at
point of delivery it may save time to pay a cash deposit and apply
promptly to the Insurer for refund.
(c) Supply certified copies of commercial invoices in duplicate.
In witness whereof, this Insurer has executed and attested these
presents, but this Policy shall not be valid until countersigned by a
duly authorized representative of the Insurer.
Signed on Behalf Of the Company
Chief Agent for Canada
TERMINATION OF TRANSIT CLAUSE (terrorism)
To be attached to and form a part of Policy Number 110550
COMPANY : ...Continental Casualty Company
EFFECTIVE DATE : January 1st, 2002
It is understood and agreed that this Termination of Transit Clause
shall be paramount and absolute, overriding any clause or clauses, or
any other provisions stamped or endorsed to this open cargo policy.
1.Notwithstanding any provisions to the contrary contained in this
policy, its endorsements, or the clauses referred to therein, it is
understood and agreed that in so far as this policy covers loss of or
damage to the subject matter insured directly caused by the act or acts
of one or more persons, whether or not agents of a sovereign power,
carried out for political, terroristic or ideological purposes and
whether any loss, damage or expense resulting therefrom is accidental or
intentional, such cover is conditional upon the subject matter insured
being in the ordinary course of transit and, in any event, shall
terminate:
1.1As per the transit clauses within or any other provisions stamped on
or endorsed to this open cargo policy.
Or
1.2on delivery to the Consignees or other final warehouse or place of
storage at the destination named herein;
1.3on delivery to any warehouse or place of storage, whether prior to or
at the destination named herein, which the Assured elect to use either
for storage, processing, exhibition, or any other like facility, other
than the ordinary course of transit, or for allocation or distribution;
Or
1.4in respect of wet marine transits, on the expiry of 60 days after
completion of discharge overside of the goods hereby insured from the
vessel at the port of discharge,
1.5in respect of overland transits, not considered to be transshipments
as part of 1.4, on the expiry of 60 days after commencement of the
overland conveyance,
1.6in respect of air transits, on the expiry of 30 days after unloading
the subject matter from the aircraft at the 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 Canadian law and practice.
ALL OTHER TERMS AND CONDITIONS REMAINING UNCHANGED.
Signed On Behalf Of The Company
Chief Agent for Canada
INLAND TRANSIT ENDORSEMENT
It is hereby understood and agreed that effective March 1st, 1999, the
above policy has been extended to include inland shipments as follows:
This insurance covers against all risks of physical loss or damage
arising from any external cause, except as hereinafter provided, while
the insured property is in the custody of:
a. any railroad or railroad express company (including the risk while on
ferries and/or in cars on transfers or lighters);
b. public truckmen, transfer and/or other transportation companies;
c. registered mail and/or airmail and/or parcel post and/or air parcel
post.
This insurance also covers while on docks, wharves, piers, bulkheads, in
stations and/or on platform, but only while in the custody of common
carrier incidental to transportation described above.
This insurance attaches from the time the goods leave the factory, store
or warehouse at initial point of shipment, and covers thereafter
continuously in normal course of transportation, until same are
delivered at store or warehouse at destination.
This insurance does not cover
(a) Against loss and/or damage caused by strikers, locked-out
workmen, or persons taking part in labour disturbances, or arising from
riot, civil commotion, capture, seizure, or detention, or from any
attempt thereat or the consequences therefrom, or loss or damage arising
from war, invasion, hostilities, rebellion, insurrection, seizure or
destruction under quarantine or customs regulations, confiscation by
order of any government or public authority, or risks of contraband or
illegal transportation and/or trade.
(b) Against loss or damage caused by the neglect of the insured to use
all reasonable means to save and preserve the property at and after any
disaster insured against.
(c) Shipments that have been either refused or are returned by the
receiver thereof;
(d) Export or import shipments unless specifically stated herein;
(e) Risks by mail unless specifically stated herein;
(f) Loss arising from delay or loss or market.
(g) Loss or damage caused by vermin or insects, inherent vice, gradual
deterioration, or wear and tear.
(h) Loss or damage resulting from nuclear reaction or nuclear radiation
or radioactive contamination, all whether controlled or uncontrolled,
and whether such loss be direct or indirect, proximate or remote, or be
in whole or in part caused by contribution to, or aggravated by the
peril(s) insured against in this policy.
(i) Infidelity of the Insured's employees.
If the total value at risk exceeds the limit(s) of liability provided by
this Policy, the Insured shall nevertheless report the full amount at
risk to these Assurers and shall pay full premium thereon. Acceptance of
such reports and premium shall not alter or increase the limit(s) of
liability of these Insurers but these Insurers shall be liable for the
full amount of covered loss up to but not exceeding the applicable
limit(s) of liability.
RATE SCHEDULE
FROM/TO: PER $100.00 VALUE
As per CargoCover program calculations, and as may be modified, adjusted
or amended at the discretion of the Underwriters in conjunction with
Marsh Canada Limited
ALL OTHER TERMS AND CONDITIONS REMAINING UNCHANGED
Dated Toronto, Ontario on March 1st, 1999
Signed on Behalf of the Company
Chief Agent for Canada
INSTITUTE CARGO CLAUSES (A)
RISKS COVERED
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.Risks 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 ClauseGeneral Averages 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 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."Both to Blame Collision" Clause
EXCLUSIONS
4 In no case shall this insurance cover
4.1 loss damage or expense attributable to wilful misconduct of the
Assured Exclusions
4.2 ordinary leakage, ordinary loss in weight or volume, or ordinary
wear and tear of the subject-matter insured
4.3 loss damage or expense caused by insufficiency or unsuitability of
packing or preparation of the subject-matter insured (for the purpose of
this Clause 4.3 "packing" shall be deemed to include stowage in a
container or liftvan but only when such stowage is carried out prior to
attachment of this insurance or by the Assured or their servants)
4.4 loss damage or expense caused by inherent vice or nature of the
subject-matter insured
4.5 loss damage or expense proximately caused by delay, even though the
delay be caused by a risk insured against (except expenses payable under
Clause 2 above)
4.6 loss damage or expense arising from insolvency or financial default
of the owners managers charterers or operators of the vessel.
4.7 loss damage or expense arising from the use of any weapon of war
employing atomic or nuclear fission and/or fusion or other like reaction
or radioactive force or matter.General Exclusions 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 liftvan for the safe carriage of the
subject-matter insured, where the Assured or their servants are privy to
such unseaworthiness or unfitness, at the time the subject-matter
insured is loaded therein.
5.2 The Underwriters waive any breach of the implied warranties of
seaworthiness of the ship and fitness of the ship to carry the
subject-matter insured to destination, unless the Assured or their
servants are privy to such unseaworthiness or unfitness.Unseaworthiness
and Unfitness Exclusion Clause
6 In no case shall this insurance cover loss damage or expense caused by
6.1 war civil war revolution rebellion insurrection, or civil strife
arising therefrom, or any hostile act by or against a belligerent power.
6.2 capture seizure arrest restraint or detainment (piracy excepted),
and the consequences thereof or any attempt thereat
6.3 derelict mines torpedoes bombs or other derelict weapons of war.War
Exclusion Clause
7 In no case shall this insurance cover loss damage or expense
7.1 caused by strikers, locked-out workmen, or persons taking part in
labour disturbances, riots or civil commotions
7.2 resulting from strikes, locked-out labour disturbances, riots or
civil commotions
7.3 caused by any terrorist or any person acting from a political
motive.Strikes Exclusion Clause
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,
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 overside of
the goods hereby insured from the oversea vessel at the final port of
discharge, whichever shall first occur.
8.2 If, after, discharge overside from the oversea vessel at the final
port of discharge, but prior to termination of this insurance, the goods
are to be forwarded to a destination other than that to which they are
insured hereunder, this insurance, whilst remaining subject to
termination as provided for above, shall not extend beyond the
commencement of transit to such other destination.
8.3 This insurance shall remain in force (subject to termination as
provided for above and to the provisions of Clause 9 below) during delay
beyond the control of the Assured, any deviation, forced discharge,
reshipment or transhipment and during any variation of the adventure
arising from the exercise of a liberty granted to shipowners or
charterers under the contract of affreightment.Transit Clause
9
If owing to circumstances beyond the control of the Assured either the
contract of carriage is terminated at a port or place other than the
destination named therein or the transit is otherwise terminated before
delivery of the goods as provided for in Clause 8 above, then this
insurance shall also terminate unless prompt notice is given to the
Underwriters and continuation of cover is requested when the insurance
shall remain in force, subject to an additional premium if required by
the Underwriters, either.
9.1 until the goods are sold and delivered at such port or place, or,
unless otherwise specially agreed, until the expiry of 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 to any
other destination, until terminated in accordance with the provisions of
Clause 8 above.Termination of Contract of Carriage Goods Clause
10 Where, after attachment of this insurance, the destination is changed
by the Assured, held covered at a premium and on conditions to be
arranged subject to prompt notice being given to the Underwriters.Change
of Voyage Clause
CLAIMS
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 the
Underwriters were not.Insurable Interest Clause
12 Where, as a result of the operation of a risk covered by this
insurance, the insured transit is terminated at a place other than that
to which the subject-matter is covered under this insurance, the
Underwriters will reimburse the Assured for any extra charges properly
and reasonably incurred in unloading storing and forwarding the
subject-matter to the destination to which it is insured hereunder.
This Clause 12, which does not apply to general average or salvage
charges, shall be subject to the exclusions contained in Clauses 4, 5, 6
and 7 above, and shall not include charges arising from the fault
negligence insolvency or financial default of the Assured or their
servants.Forwarding Charges Clause
13 No claim for Constructive Total Loss shall be recoverable hereunder
unless the subject-matter insured is reasonably abandoned either on
account of its actual total loss appearing to be unavoidable or because
the cost of recovering, reconditioning and forwarding the subject-matter
to the destination to which it is insured would exceed its value on
arrival.Constructive Total Loss 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 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.Increased
Value Clause
BENEFIT OF INSURANCE
15 This insurance shall not inure to the benefit of the carrier or other
bailee.Not to Insure Clause
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 of
averting or minimising such loss, and
16.2 to ensure that all rights against carriers, bailees or other third
parties are properly preserved and exercised and the Underwriters will,
in addition to any loss recoverable hereunder, reimburse the Assured for
any charges properly and reasonably incurred in pursuance of these
duties.Duty of Assured Clause
17 Measures taken by the Assured or the Underwriters with the object of
saving, protecting or recovering the subject-matter insured shall not be
considered as a waiver or acceptance of abandonment or otherwise
prejudice the rights of either party.Waiver Clause
AVOIDANCE OF DELAY
18 It is a condition of this insurance that the Assured shall act with
reasonable despatch in all circumstances within their control.Reasonable
Despatch Clause
LAW AND PRACTICE
19 This insurance is subject to English law and practice.English Law and
Practice Clause
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 (C)
RISKS COVERED
1 This insurance covers except as provided in Clauses 4, 5, 6 and 7
below, Risks
1.1 loss of or damage to the subject-matter insured attributable to
Clause
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 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.General Average 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 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."Both to Blame Collision" Clause
EXCLUSIONS
4 In no case shall this insurance cover
4.1 loss damage or expense attributable to wilful misconduct of the
Assured Clause
4.2 ordinary leakage, ordinary loss in weight or volume, or ordinary
wear and tear of the subject-matter insured
4.3 loss damage or expense caused by insufficiency or unsuitability of
packing or preparation of the subject-matter insured (for the purpose of
this Clause 4.3 "packing" shall be deemed to include stowage in a
container or liftvan but only when such stowage is carried out prior to
attachment of this insurance or by the Assured or their servants)
4.4 loss damage or expense caused by inherent vice or nature of the
subject-matter insured
4.5 loss damage or expense proximately caused by delay, even though the
delay be caused by a risk insured against (except expenses payable under
Clause 2 above)
4.6 loss damage or expense arising from insolvency or financial default
of the owners managers charterers or operators of the vessel.
4.7 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 reaction
or radioactive force or matter.General Exclusions 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 liftvan for the safe carriage of the
subject-matter insured, where the Assured or their servants are privy to
such unseaworthiness or unfitness, at the time the subject-matter
insured is loaded therein.
5.2 The Underwriters waive any breach of the implied warranties of
seaworthiness of the ship and fitness of the ship to carry the
subject-matter insured to destination, unless the Assured or their
servants are privy to such unseaworthiness or unfitness.Unseaworthiness
and Unfitness Exclusion Clause
6 In no case shall this insurance cover loss damage or expense caused by
6.1 war civil war revolution rebellion insurrection, or civil strife
arising therefrom, or any hostile act by or against a belligerent power.
6.2 capture seizure arrest restraint or detainment (piracy excepted),
and the consequences thereof or any attempt thereat
6.3 derelict mines torpedoes bombs or other derelict weapons of war.War
Exclusion Clause
7 In no case shall this insurance cover loss damage or expense
7.1 caused by strikers, locked-out workmen, or persons taking part in
labour disturbances, riots or civil commotions
7.2 resulting from strikes, locked-out labour disturbances, riots or
civil commotions
7.3 caused by any terrorist or any person acting from a political
motive.Strikes Exclusion Clause
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,
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 overside of
the goods hereby insured from the oversea vessel at the final port of
discharge, whichever shall first occur.
8.2 If, after, discharge overside from the oversea vessel at the final
port of discharge, but prior to termination of this insurance, the goods
are to be forwarded to a destination other than that to which they are
insured hereunder, this insurance, whilst remaining subject to
termination as provided for above, shall not extend beyond the
commencement of transit to such other destination.
8.3 This insurance shall remain in force (subject to termination as
provided for above and to the provisions of Clause 9 below) during delay
beyond the control of the Assured, any deviation, forced discharge,
reshipment or transhipment and during any variation of the adventure
arising from the exercise of a liberty granted to shipowners or
charterers under the contract of affreightment.Transit Clause
9 If owing to circumstances beyond the control of the Assured either the
contract of carriage is terminated at a port or place other than the
destination named therein or the transit is otherwise terminated before
delivery of the goods as provided for in Clause 8 above, then this
insurance shall also terminate unless prompt notice is given to the
Underwriters and continuation of cover is requested when the insurance
shall remain in force, subject to an additional premium if required by
the Underwriters, either
9.1 until the goods are sold and delivered at such port or place, or,
unless otherwise specially agreed, until the expiry of 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 to any
other destination , until terminated in accordance with the provisions
of Clause 8 above.Termination of Contract of Carriage Clause
10 Where, after attachment of this insurance, the destination is changed
by the Assured, held covered at a premium and on conditions to be
arranged subject to prompt notice being given to the Underwriters.Change
of Voyage Clause
CLAIMS
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 the
Underwriters were not.Insurable Interest Clause
12 Where, as a result of the operation of a risk covered by this
insurance, the insured transit is terminated at a place other than that
to which the subject-matter is covered under this insurance, the
Underwriters will reimburse the Assured for any extra charges properly
and reasonably incurred in unloading storing and forwarding the
subject-matter to the destination to which it is insured hereunder.
This Clause 12, which does not apply to general average or salvage
charges, shall be subject to the exclusions contained in Clauses 4, 5, 6
and 7 above, and shall not include charges arising from the fault
negligence insolvency or financial default of the Assured or their
servants.Forwarding Charges Clause
13 No claim for Constructive Total Loss shall be recoverable hereunder
unless the subject-matter insured is reasonably abandoned either on
account of its actual total loss appearing to be unavoidable or because
the cost of recovering, reconditioning and forwarding the subject-matter
to the destination to which it is insured would exceed its value on
arrival.Constructive Total Loss 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 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.Increased
Value Clause
BENEFIT OF INSURANCE
15 This insurance shall not inure to the benefit of the carrier or other
bailee.Not to Insure Clause
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 of
averting or minimising such loss, and
16.2 to ensure that all rights against carriers, bailees or other third
parties are properly preserved and exercised and the Underwriters will,
in addition to any loss recoverable hereunder, reimburse the Assured for
any charges properly and reasonably incurred in pursuance of these
duties.Duty of Assured Clause
17 Measures taken by the Assured or the Underwriters with the object of
saving, protecting or recovering the subject-matter insured shall not be
considered as a waiver or acceptance of abandonment or otherwise
prejudice the rights of either party.Waiver Clause
AVOIDANCE OF DELAY
18 It is a condition of this insurance that the Assured shall act with
reasonable despatch in all circumstances within their control.Reasonable
Despath Clause
LAW AND PRACTICE
This insurance is subject to English law and practice.
English Law and Practice Clause
INSTITUTE CARGO CLAUSES (AIR)
(excluding sendings by Post)
RISKS COVERED
1 This insurance covers all risks of loss of or damage to the
subject-matter insured except as provided in Clauses 2,3 and 4
belowRisks Clause
EXCLUSIONS
2 In no case shall this insurance cover
2.1 loss damage or expense attributable to wilful misconduct of the
Assured
2.2 ordinary leakage, ordinary loss in weight or volume, or ordinary
wear and tear of the subject-matter insured
2.3 loss damage or expense caused by insufficiency or unsuitability of
packing or preparation of the subject-matter insured (for the purpose of
this Clause 2.3 "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)
2.4 loss damage or expense caused by inherent vice or nature of the
subject-matter insured
2.5 loss damage or expense arising from unfitness of aircraft conveyance
container or liftvan for the safe carriage of the subject-matter
insured, where the Assured or their servants are privy to such unfitness
at the time the subject-matter insured is loaded therein.
2.6 loss damage or expense proximately caused by delay, even though the
delay be caused by a risk insured against
2.7 loss damage or expense arising from insolvency or financial default
of the owners managers charterers or operators of the aircraft.
2.8 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 matterGeneral Exclusions Clause
3 In no case shall this insurance cover loss damage or expense caused by
3.1 war civil war revolution rebellion insurrection, or civil strife
arising therefrom, or any hostile act by or against a belligerent power
3.2 capture seizure arrest restraint or detainment (piracy excepted),
and the consequences thereof or any attempt thereat
3.3 derelict mines torpedoes bombs or other derelict weapons of war.War
Exclusion Clause
4 In no case shall this insurance cover loss damage or expense
4.1 caused by strikers, locked-out workmen, or persons taking part in
labour disturbances, riots or civil commotions
4.2 resulting from strikes, lock-outs, labour disturbances, riots or
civil commotions
4.3 caused by any terrorist or any person acting from a political
motive.Strikes Exclusion Clause
DURATION
5
5.1 This insurance attaches from the time the subject-matter insured
leaves the warehouse, premises 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, premises
or place of storage at the destination named herein,
5.1.2 on delivery to any other warehouse, premises 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 expiry of 30 days after unloading the subject-matter insured
from the aircraft at the final place of discharge, whichever shall first
occur;
5.2 If, after unloading from the aircraft at the final place of
discharge, but prior to termination of this insurance, the
subject-matter insured is 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 Cause 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 the air carriers under
the contract of carriage.Transit Clause
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 subject- matter insured 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 subject-matter is sold and delivered at such place, or,
unless otherwise specially agreed, until the expiry of 30 days after
arrival of the subject-matter hereby insured at such place, whichever
shall first occur, or
6.2 if the subject-matter is forwarded within the said period of 30 days
(or any agreed extension thereof) to the destination named herein or to
any other destination, until terminated in accordance with the
provisions of Clause 5 above.Termination of Contract of Carriage Clause
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.Transit Clause
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.Insurable Interest Clause
9 Where, as a result of the operation of a risk covered by this
insurance, the insured transit is terminated at a 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 9, which does not apply to general average or salvage
charges, shall be subject to the exclusions contained in Clauses 2,3 and
4 above, and shall not include charges arising from the fault negligence
insolvency or financial default of the Assured or their
servants.Forwarding Charges Clause
10 No claim for Constructive Total Loss shall be recoverable hereunder
unless the subject-matter insured is reasonably abandoned either on
account of its actual total loss appearing to be unavoidable or because
the cost of recovering, reconditioning and forwarding the subject-matter
to the destination to which it is insured would exceed its value on
arrival.Constructive Total Loss Clause
11
11.1 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.
11.2 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.Increased
Value Clause
BENEFIT OF INSURANCE
12 This insurance shall not inure to the benefit of the carrier or other
bailee.Not to Inure Clause
MINIMISING LOSSES
13 It is the duty of the Assured and their servants and agents in
respect of loss recoverable hereunder
13.1 to take such measures as may be reasonable for the purpose of
averting or minimising such loss, and
13.2 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.Duty of Assured Clause
14 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.Waiver Clause
AVOIDANCE OF DELAY
15 It is a condition of this insurance that the Assured shall act with
reasonable despatch in all circumstances within their controlReasonable
Despatch Clause
LAW AND PRACTICE
16 This insurance is subject to English law and practice.English Law and
Practice Clause
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 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
arising therefrom, 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.Risks Clause
2 This insurance covers general average and salvage charges, adjusted or
determined according to the contract of affrieghtment 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.General
Average Clause
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 the use of any weapon of war
employing atomic or nuclear fission and/or fusion or other like reaction
or radioactive force or matterGeneral Exclusions Clause
4
4.1 In no case shall this insurance cover loss damage or expense arising
from unseaworthiness of vessel or craft, unfitness of vessel craft
conveyance container or liftvan for the safe carriage of the
subject-matter insured, where the Assured or their servants are privy to
such unseaworthiness or unfitness, at the time the subject-matter
insured is loaded therein.
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.Unseaworthiness
and Unfitness Exclusion Clause
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.
And
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 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)Change of Voyage Clause
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 Clause
underwriters were not.Insurable Interest Clause
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.Increased
Value Clause
BENEFIT OF INSURANCE
10 This insurance shall not inure to the benefit of the carrier or other
bailee.Not to Inure Clause
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.Duty of Assured Clause
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.Waiver Clause
AVOIDANCE OF DELAY
13 It is a condition of this insurance that the Assured shall act with
reasonable despatch in all circumstances within their controlReasonable
Despatch Clause
LAW AND PRACTICE
14 This insurance is subject to English law and practice.English Law and
Practice Clause
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 WAR CLAUSES (AIR CARGO)
(excluding sendings by Post)
RISKS COVERED
1 This insurance covers, except as provided in Clause 2 below, loss of
or damage to the subject-matter insured caused by
1.1 war civil war revolution rebellion insurrection, or civil strife
arising therefrom, 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.Risks Clause
EXCLUSIONS
2 In no case shall this insurance cover
2.1 loss damage or expense attributable to wilful misconduct of the
Assured
2.2 ordinary leakage, ordinary loss in weight or volume, or ordinary
wear and tear of the subject-matter insured
2.3 loss damage or expense caused by insufficiency or unsuitability of
packing or preparation of the subject-matter insured (for the purpose of
this Clause 2.3 "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)
2.4 loss damage or expense caused by inherent vice or nature of the
subject-matter insured
2.5 loss damage or expense arising from unfitness of aircraft conveyance
container or liftvan for the safe carriage of the subject-matter
insured, where the Assured or their servants are privy to such unfitness
at the time the subject-matter insured is loaded therein
2.6 loss damage or expense proximately caused by delay, even though the
delay be caused by a risk insured against
2.7 loss damage or expense arising from insolvency or financial default
of the owners managers charterers or operators of the aircraft
2.8 any claim based upon loss of or frustration of the voyage or
adventure
2.9 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 matterGeneral Exclusions Clause
DURATION
3
3.1 This insurance
3.1.1 attaches only as the subject-matter insured and as to any part as
that part is loaded on the aircraft for the commencement of the air
transit insured and
3.1.2 terminates, subject to 3.2 and 3.3 below, either as the
subject-matter insured and as to any part as that part is discharged
from the aircraft at the final place of discharge,
or
on expiry of 15 days counting from midnight of the day of arrival of the
aircraft at the final place of discharge, whichever shall first occur;
nevertheless, subject to prompt notice to the Underwriters and to an
additional premium, such insurance
3.1.3 reattaches when, without having discharged the subject-matter
insured at the final place of discharge, the aircraft departs therefrom.
and
3.1.4 terminates, subject to 3.2 and 3.3 below, either as the
subject-matter insured and as to any part as that part is thereafter
discharged from the aircraft at the final (or substituted) place of
discharge,
or
on expiry of 15 days counting from midnight of the day of re-arrival of
the aircraft at the final place of discharge or arrival of the aircraft
at a substituted place of discharge, whichever shall first occur.
3.2 If during the insured transit the aircraft arrives at an
intermediate place to discharge the subject-matter insured for
on-carriage by aircraft or by oversea vessel, then, subject to 3.3 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 aircraft at such place, but thereafter reattaches as the
subject-matter insured and as to any part as that part is loaded on an
on-carrying aircraft or oversea vessel. 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
intermediate place. If the goods are on-carried within the said period
of 15 days or if the insurance reattaches as provided in this Clause 3.2
3.2.1 where the on-carriage is by aircraft this insurance continues
subject to the terms of these clauses,
or
3.2.2 where the on-carriage is by oversea vessel, the current Institute
War Clauses (Cargo) shall be deemed to form part of this insurance and
shall apply to the on-carriage by sea.
3.3 If the air transit in the contract of carriage is terminated at a
place other than the destination agreed therein, that place shall be
deemed the final place of discharge and such insurance terminates in
accordance with 3.1.2. If the subject-matter insured is subsequently
consigned 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
3.3.1in 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 aircraft for the transit;
3.3.2 in the case of the subject-matter insured not having been
discharged, when the aircraft departs from such deemed final place of
discharge; thereafter such insurance terminates in accordance with
3.1.4.
3.4 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 the air
carrier under the contract of carriage. (For the purpose of Clause 3
"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)Transit Clause
4 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.Change
of Transit Clause
5 Anything contained in this contract which is inconsistent with Clauses
2.8, 2.9 or 3 shall, to the extent of such inconsistency, be null and
void.
CLAIMS
6
6.1 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.
6.2 Subject to 6.1 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 Clause
and the underwriters were not.Insurable Interest Clause
7
7.1 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.
7.2 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.Increased
Value Clause
BENEFIT OF INSURANCE
8 This insurance shall not inure to the benefit of the carrier or other
bailee.Not to Inure Clause
MINIMISING LOSSES
9 It is the duty of the Assured and their servants and agents in respect
of loss recoverable hereunder
9.1 to take such measures as may be reasonable for the purpose of
averting or minimising such loss,
and
9.2 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.Duty of Assured Clause
10 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.Waiver Clause
AVOIDANCE OF DELAY
11 It is a condition of this insurance that the Assured shall act with
reasonable despatch in all circumstances within their controlReasonable
Despatch Clause
LAW AND PRACTICE
12 This insurance is subject to English law and practice.English Law
and Practice
Clause
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 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.Risks
Clause
2 This insurance covers general average and salvage charges, adjusted or
determined according to the contract of affrieghtment 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.General
Average Clause
EXCLUSIONS
3 In no case shall this insurance cover
3.1 loss damage or expense attributable to wilful misconduct of the
Assured Clause
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 equipment, power, fuel, coolant, refrigerant or labour of
any description whatsoever resulting from any strike, lockout, labour
disturbance, riot or 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.General Exclusions Clause
4
4.1 In no case shall this insurance cover loss damage or expense arising
from unseaworthiness of vessel or craft, unfitness of vessel craft
conveyance container or liftvan for the safe carriage of the
subject-matter insured, where the Assured or their servants are privy to
such unseaworthiness or unfitness, at the time the subject-matter
insured is loaded insured,
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.Unseaworthiness
and Unfitness Exclusion Clause
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 expiry of 60 days after completion of discharge overside of the
goods hereby insured from the oversea vessel at the final port of
discharge, whichever shall first occur;
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 Cause 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.Transit Clause
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 the destination named herein or to any
other destination, until terminated in accordance with the provisions of
Clause 5 above.Termination of Contract of Carriage Clause
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 UnderwritersChange
of Voyage Clause
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.Insurable Interest Clause
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.Increased
Value Clause
BENEFIT OF INSURANCE
10 This insurance shall not inure to the benefit of the carrier or other
bailee.Not to Inure Clause
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.Duty of Assured Clause
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.Waiver Clause
AVOIDANCE OF DELAY
13 It is a condition of this insurance that the Assured shall act with
reasonable despatch in all circumstances within their controlReasonable
Despatch Clause
LAW AND PRACTICE
14 This insurance is subject to English law and practice.English Law and
Practice Clause
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 STRIKES CLAUSES (AIR CARGO)
RISKS COVERED
1 This insurance covers, except as provided in Clauses 2 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.Risks
Clause
EXCLUSIONS
2 In no case shall this insurance cover
2.1 loss damage or expense attributable to wilful misconduct of the
Assured
2.2 ordinary leakage, ordinary loss in weight or volume, or ordinary
wear and tear of the subject-matter insured
2.3 loss damage or expense caused by insufficiency or unsuitability of
packing or preparation of the subject-matter insured (for the purpose of
this Clause 2.3 "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)
2.4 loss damage or expense caused by inherent vice or nature of the
subject-matter insured
2.5 loss damage or expense arising from unfitness of aircraft conveyance
container or liftvan for the safe carriage of the subject-matter
insured, where the Assured or their servants are privy to such unfitness
at the time the subject-matter insured is loaded therein.
2.6 loss damage or expense proximately caused by delay, even though the
delay be caused by a risk insured against
2.7 loss damage or expense arising from insolvency or financial default
of the owners managers charterers or operators of the aircraft
2.8 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 or civil commotion
2.9 any claim based upon loss of or frustration of the voyage or
adventure
2.10 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
2.11 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.General
Exclusions
Clause
DURATION
3
3.1 This insurance attaches from the time the subject-matter leaves the
warehouse, premises 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
3.1.1 on delivery to the Consignees' or other final warehouse or place
of storage at the destination named herein,
3.1.2 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
3.1.2.1 for storage other than in the ordinary course of transit
or
3.1.2.2 for allocation or distribution,
or
3.1.3 on expiry of 30 days after unloading the subject-matter insured
from the aircraft at the final place of discharge, whichever shall first
occur;
3.2 If, after unloading from the aircraft at the final place 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.
3.3 This insurance shall remain in force (subject to termination as
provided for above and to the provisions of Cause 4 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 the air carriers under
the contract of carriage.Transit
Clause
4 If owing to circumstances beyond the control of the Assured either the
contract of carriage is terminated at a place other than the destination
named therein or the transit is otherwise terminated before delivery of
the subject-matter insured as provided for in Clause 3 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 Clause
4.1 until the subject-matter is sold and delivered at such place, or,
unless otherwise specially agreed, until the expiry of 30 days after
arrival of the goods hereby insured at such place, whichever shall first
occur,
or
4.2 if the subject-matter is forwarded within the said period of 30 days
(or any agreed extension thereof) to the destination named herein or to
any other destination, until terminated in accordance with the
provisions of Clause 3 above.Termination
of Contract
of Carriage
5 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.Change
of
Transit
Clause
CLAIMS
6
6.1 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.
6.2 Subject to 6.1 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.Insurable
Interest
Clause
7
7.1 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.
7.2 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.Increased
Value
Clause
BENEFIT OF INSURANCE
8 This insurance shall not inure to the benefit of the carrier or other
bailee.Not to
Insure
Clause
MINIMISING LOSSES
9 It is the duty of the Assured and their servants and agents in respect
of loss recoverable hereunder
9.1 to take such measures as may be reasonable for the purpose of
averting or minimising such loss,
and
9.2 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.Duty of
Assured
Clause
10 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.Waiver
Clause
AVOIDANCE OF DELAY
11 It is a condition of this insurance that the Assured shall act with
reasonable despatch in all circumstances within their controlReasonable
Despatch
Clause
LAW AND PRACTICE
12 This insurance is subject to English law and practice.English Law
and Practice
Clause
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.