Digit Marine Cargo Insurance Policy Details
Digit Marine Cargo Insurance Policy Details
EXCLUSIONS
General Exclusions Clause
4. In no case shall this insurance cover
4.1 loss damage or expense attributable to wilful misconduct of the Assured
4.2 ordinary leakage, ordinary loss in weight or volume, or ordinary wear and tear of the subject-
matter insured
4.3 loss damage or expense caused by insufficiency or unsuitability of packing or preparation
of the subject- matter insured to withstand the ordinary incidents of the insured transit
where such packing or preparation is carried out by the Assured or their employees or
prior to the attachment of this insurance (for the purpose of these Clauses "packing" shall
be deemed to include stowage in a container and "employees" shall not include
independent contractors)
4.4 loss damage or expense caused by inherent vice or nature of the subject-matter insured
4.5 loss damage or expense 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 caused by insolvency or financial default of the owners managers
charterers or operators of the vessel where, at the time of loading of the subject-matter
insured on board the vessel, the Assured are aware, or in the ordinary course of business
should be aware, that such insolvency or financial default could prevent the normal
prosecution of the voyage
This exclusion shall not apply where the contract of insurance has been assigned to the
party claiming hereunder who has bought or agreed to buy the subject-matter insured in
good faith under a binding contract
4.7 loss damage or expense directly or indirectly caused by or arising from the use of any
weapon or device employing atomic or nuclear fission and/or fusion or other like reaction
or radioactive force or matter.
Unseaworthiness and Unfitness Exclusion Clause
5. 5.1 In no case shall this insurance cover loss damage or expense arising from
5.1.1 unseaworthiness of vessel or craft or unfitness of vessel or craft for the safe carriage
of the subject- matter insured, where the Assured are privy to such unseaworthiness
or unfitness, at the time the subject-matter insured is loaded therein
5.1.2 unfitness of container or conveyance for the safe carriage of the subject-matter
insured, where loading therein or thereon is carried out
prior to attachment of this insurance or
by the Assured or their employees and they are privy to such unfitness at the time
of loading.
5.2 Exclusion 5.1.1 above shall not apply where the contract of insurance has been
assigned to the party claiming hereunder who has bought or agreed to buy the
subject-matter insured in good faith under a binding contract.
5.3 The Insurers 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.
War Exclusion Clause
6. In no case shall this insurance cover loss damage or expense caused by
6.1 war civil war revolution rebellion insurrection, or civil strife arising therefrom, or any hostile
act by or against a belligerent power
6.2 capture seizure arrest restraint or detainment (piracy excepted), and the
consequences thereof or any attempt thereat
6.3 derelict mines torpedoes bombs or other derelict weapons of war.
Strike Exclusion Clause
7. In no case shall this insurance cover loss damage or expense
7.1 caused by strikers, locked-out workmen, or persons taking part in labour
disturbances, riots or civil commotions
7.2 resulting from strikes, lock-outs, labour disturbances, riots or civil commotions
7.3 caused by any act of terrorism being an act of any person acting on behalf of, or in
connection with, any organisation which carries out activities directed towards the
overthrowing or influencing, by force or violence, of any government whether or not
legally constituted
7.4 caused by any person acting from a political, ideological or religious motive.
DURATION
Transit Clause
8. 8.1 Subject to Clause 11 below, this insurance attaches from the time the subject-matter insured
is first moved in the warehouse or at the place of storage (at the place named in the contract
of insurance) for the purpose of the immediate loading into or onto the carrying vehicle or
other conveyance for the commencement of transit, continues during the ordinary course of
transit
and terminates either
8.1.1 on completion of unloading from the carrying vehicle or other conveyance
in or at the final warehouse or place of storage at the destination named in
the contract of insurance,
8.1.2 on completion of unloading from the carrying vehicle or other conveyance in or
at any other warehouse or place of storage, whether prior to or at the destination
named in the contract of insurance, which the Assured or their employees elect
to use either for storage other than in the ordinary course of transit or for
allocation or distribution, or
8.1.3 when the Assured or their employees elect to use any carrying vehicle or other
conveyance or any container for storage other than in the ordinary course of transit
or
8.1.4 on the expiry of 60 days after completion of discharge overside of the subject-
matter 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 subject-matter insured is to be forwarded to a
destination other than that to which it is insured, this insurance, whilst remaining subject to
termination as provided in Clauses 8.1.1 to 8.1.4, shall not extend beyond the time the
subject-matter insured is first moved for the purpose of the commencement of transit to
such other destination.
8.3 This insurance shall remain in force (subject to termination as provided for in Clauses
8.1.1 to 8.1.4 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
carriers under the contract of carriage.
CLAIMS
Insurable Interest Clause
11. 11.1 In order to recover under this insurance the Assured must have an insurable interest in
the subject-matter insured at the time of the loss.
11.2 Subject to Clause 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 Insurers were not.
under this insurance, the Insurers will reimburse the Assured for any extra charges properly
and reasonably incurred in unloading storing and forwarding the subject-matter insured to the
destination to which it is insured.
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 employees.
BENEFIT OF INSURANCE
Not to Inure Clause
15. This insurance
15.1 covers the Assured which includes the person claiming indemnity either as the person
by or on whose behalf the contract of insurance was effected or as an assignee,
15.2 shall not extend to or otherwise benefit the carrier or other bailee.
MINIMISING LOSSES
Duty of Assured Clause
16. It is the duty of the Assured and their employees 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 Insurers will, in addition to any loss recoverable hereunder,
reimburse the Assured for any charges properly and reasonably incurred in pursuance of these
duties.
Waiver Clause
17. Measures taken by the Assured or the Insurers with the object of saving, protecting or
recovering the subject- matter insured shall not be considered as a waiver or acceptance of
abandonment or otherwise prejudice the rights of either party.
AVOIDANCE OF DELAY
EXCLUSIONS
General Exclusions Clause
4. In no case shall this insurance cover
4.1 loss damage or expense attributable to wilful misconduct of the Assured
4.2 ordinary leakage, ordinary loss in weight or volume, or ordinary wear and tear of the subject-
matter insured
4.3 loss damage or expense caused by insufficiency or unsuitability of packing or preparation
of the subject- matter insured to withstand the ordinary incidents of the insured transit where
such packing or preparation is carried out by the Assured or their employees or prior to the
attachment of this insurance (for the purpose of these Clauses "packing" shall be deemed
to include stowage in a container and "employees" shall not include independent
contractors)
4.4 loss damage or expense caused by inherent vice or nature of the subject-matter insured
4.5 loss damage or expense 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 caused by insolvency or financial default of the owners managers
charterers or operators of the vessel where, at the time of loading of the subject-matter
insured on board the vessel, the Assured are aware, or in the ordinary course of business
should be aware, that such insolvency or financial default could prevent the normal
prosecution of the voyage
This exclusion shall not apply where the contract of insurance has been assigned to the
party claiming hereunder who has bought or agreed to buy the subject-matter insured in
good faith under a binding contract
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 directly or indirectly caused by or arising from the use of any
weapon or device employing atomic or nuclear fission and/or fusion or other like reaction
or radioactive force or matter.
Unseaworthiness and Unfitness Exclusion Clause
5. 5.1 In no case shall this insurance cover loss damage or expense arising from
5.1.1 unseaworthiness of vessel or craft or unfitness of vessel or craft for the safe carriage
of the subject- matter insured, where the Assured are privy to such unseaworthiness
or unfitness, at the time the subject-matter insured is loaded therein
5.1.2 unfitness of container or conveyance for the safe carriage of the subject-matter
insured, where loading therein or thereon is carried out
prior to attachment of this insurance or
by the Assured or their employees and they are privy to such unfitness at the time
of loading.
5.2 Exclusion 5.1.1 above shall not apply where the contract of insurance has been assigned
to the party claiming hereunder who has bought or agreed to buy the subject-matter insured
in good faith under a binding contract.
5.3 The Insurers 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.
War Exclusion Clause
6. In no case shall this insurance cover loss damage or expense caused by
6.1 war civil war revolution rebellion insurrection, or civil strife arising therefrom, or any hostile
act by or against a belligerent power
6.2 capture seizure arrest restraint or detainment, and the consequences thereof or any attempt
thereat
6.3 derelict mines torpedoes bombs or other derelict weapons of war.
Strike Exclusion Clause
7. In no case shall this insurance cover loss damage or expense
7.1 caused by strikers, locked-out workmen, or persons taking part in labour disturbances, riots
or civil commotions
7.2 resulting from strikes, lock-outs, labour disturbances, riots or civil commotions
7.3 caused by any act of terrorism being an act of any person acting on behalf of, or in
connection with, any organisation which carries out activities directed towards the
overthrowing or influencing, by force or violence, of any government whether or not legally
constituted
7.4 caused by any person acting from a political, ideological or religious motive.
DURATION
Transit Clause
8. 8.1 Subject to Clause 11 below, this insurance attaches from the time the subject-matter insured
is first moved in the warehouse or at the place of storage (at the place named in the
contract of insurance) for the purpose of the immediate loading into or onto the carrying
vehicle or other conveyance for the commencement of transit,
continues during the ordinary
course of transit and terminates
either
8.1.1 on completion of unloading from the carrying vehicle or other conveyance in or at
the final warehouse or place of storage at the destination named in the contract of
insurance,
8.1.2 on completion of unloading from the carrying vehicle or other conveyance in or at
any other warehouse or place of storage, whether prior to or at the destination named
in the contract of insurance, which the Assured or their employees elect to use either
for storage other than in the ordinary course of transit or for allocation or distribution,
or
8.1.3 when the Assured or their employees elect to use any carrying vehicle or other
conveyance or any container for storage other than in the ordinary course of transit
or
8.1.4 on the expiry of 60 days after completion of discharge overside of the subject-matter
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 subject-matter insured is to be forwarded to a
destination other than that to which it is insured, this insurance, whilst remaining subject to
termination as provided in Clauses 8.1.1 to 8.1.4, shall not extend beyond the time the
subject-matter insured is first moved for the purpose of the commencement of transit to
such other destination.
8.3 This insurance shall remain in force (subject to termination as provided for in Clauses 8.1.1
to 8.1.4 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 carriers under the
contract of carriage.
CLAIMS
Insurable Interest Clause
11. 11.1 In order to recover under this insurance the Assured must have an insurable interest in the
subject-matter insured at the time of the loss.
11.2 Subject to Clause 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 Insurers were not.
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 employees.
BENEFIT OF INSURANCE
Not to Inure Clause
15. This insurance
15.1 covers the Assured which includes the person claiming indemnity either as the person by
or on whose behalf the contract of insurance was effected or as an assignee,
15.2 shall not extend to or otherwise benefit the carrier or other bailee.
MINIMISING LOSSES
Duty of Assured Clause
16. It is the duty of the Assured and their employees 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 Insurers will, in addition to any loss recoverable hereunder,
reimburse the Assured for any charges properly and reasonably incurred in pursuance of
these duties.
Waiver Clause
17. Measures taken by the Assured or the Insurers with the object of saving, protecting or recovering
the subject- matter insured shall not be considered as a waiver or acceptance of abandonment
or otherwise prejudice the rights of either party.
AVOIDANCE OF DELAY
Reasonable Despatch Clause
18. It is a condition of this insurance that the Assured shall act with reasonable despatch in all
circumstances within their control.
RISKS COVERED
Risks Clause
1. This insurance covers, except as excluded by the provisions of Clauses 4, 5, 6 and 7 below,
1.1 loss of or damage to the subject-matter insured reasonably attributable to
1.1.1 fire or explosion
1.1.2 vessel or craft being stranded grounded sunk or capsized
1.1.3 overturning or derailment of land conveyance
1.1.4 collision or contact of vessel craft or conveyance with any external object other than
water
1.1.5 discharge of cargo at a port of distress,
1.2 loss of or damage to the subject-matter insured caused by
1.2.1 general average sacrifice
1.2.2 jettison.
EXCLUSIONS
General Exclusions Clause
4. In no case shall this insurance cover
4.1 loss damage or expense attributable to wilful misconduct of the Assured
4.2 ordinary leakage, ordinary loss in weight or volume, or ordinary wear and tear of the subject-
matter insured
4.3 loss damage or expense caused by insufficiency or unsuitability of packing or preparation
of the subject- matter insured to withstand the ordinary incidents of the insured transit
where such packing or preparation is carried out by the Assured or their employees or
prior to the attachment of this insurance (for the purpose of these Clauses "packing" shall
be deemed to include stowage in a container and "employees" shall not include
independent contractors)
4.4 loss damage or expense caused by inherent vice or nature of the subject-matter insured
4.5 loss damage or expense 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 caused by insolvency or financial default of the owners managers
charterers or operators of the vessel where, at the time of loading of the subject-matter
insured on board the vessel, the Assured are aware, or in the ordinary course of business
should be aware, that such insolvency or financial default could prevent the normal
prosecution of the voyage
This exclusion shall not apply where the contract of insurance has been assigned to the
party claiming hereunder who has bought or agreed to buy the subject-matter insured in
good faith under a binding contract
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 directly or indirectly caused by or arising from the use of any
weapon or device employing atomic or nuclear fission and/or fusion or other like reaction
or radioactive force or matter.
Unseaworthiness and Unfitness Exclusion Clause
5. 5.1 In no case shall this insurance cover loss damage or expense arising from
5.1.1 unseaworthiness of vessel or craft or unfitness of vessel or craft for the safe carriage
of the subject- matter insured, where the Assured are privy to such unseaworthiness
or unfitness, at the time the subject-matter insured is loaded therein
5.1.2 unfitness of container or conveyance for the safe carriage of the subject-matter
insured, where loading therein or thereon is carried out
prior to attachment of this insurance or
by the Assured or their employees and they are privy to such unfitness at the time
of loading.
5.2 Exclusion 5.1.1 above shall not apply where the contract of insurance has been
assigned to the party claiming hereunder who has bought or agreed to buy the
subject-matter insured in good faith under a binding contract.
5.3 The Insurers 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.
War Exclusion Clause
6. In no case shall this insurance cover loss damage or expense caused by
6.1 war civil war revolution rebellion insurrection, or civil strife arising therefrom, or any hostile
act by or against a belligerent power
6.2 capture seizure arrest restraint or detainment, and the consequences thereof or any attempt
thereat
6.3 derelict mines torpedoes bombs or other derelict weapons of war.
terminated before unloading of the subject-matter insured as provided for in Clause 8 above,
then this insurance shall also terminate unless prompt notice is given to the Insurers and
continuation of cover is requested when this insurance shall remain in force, subject to an
additional premium if required by the Insurers, either
9.1 until the subject-matter insured is sold and delivered at such port or place, or, unless
otherwise specially agreed, until the expiry of 60 days after arrival of the subject-matter
insured at such port or place, whichever shall first occur,
or
9.2 if the subject-matter insured is forwarded within the said period of 60 days (or any agreed
extension thereof) to the destination named in the contract of insurance or to any other
destination, until terminated in accordance with the provisions of Clause 8 above.
CLAIMS
Insurable Interest Clause
11. 11.1 In order to recover under this insurance the Assured must have an insurable interest in
the subject-matter insured at the time of the loss.
11.2 Subject to Clause 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 Insurers were not.
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 employees.
insurance shall be in such proportion as the sum insured under this insurance bears to
such total amount insured.
In the event of claim the Assured shall provide the Insurers with evidence of the amounts
insured under all other insurances.
BENEFIT OF INSURANCE
Not to Inure Clause
15. This insurance
15.1 covers the Assured which includes the person claiming indemnity either as the person
by or on whose behalf the contract of insurance was effected or as an assignee,
15.2 shall not extend to or otherwise benefit the carrier or other bailee.
MINIMISING LOSSES
Duty of Assured Clause
16. It is the duty of the Assured and their employees 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 Insurers will, in addition to any loss recoverable hereunder,
reimburse the Assured for any charges properly and reasonably incurred in pursuance of these
duties.
Waiver Clause
17. Measures taken by the Assured or the Insurers with the object of saving, protecting or
recovering the subject- matter insured shall not be considered as a waiver or acceptance of
abandonment or otherwise prejudice the rights of either party.
AVOIDANCE OF DELAY
Reasonable Despatch Clause
18. It is a condition of this insurance that the Assured shall act with reasonable despatch in all
circumstances within their control.
EXCLUSIONS
General Exclusions Clause
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 to withstand the ordinary incidents of the insured transit
where such packing or preparation is carried out by the Assured or their employees or
prior to the attachment of this insurance (for the purpose of these Clauses "packing" shall
be deemed to include stowage in a container and "employees" shall not include
independent contractors)
3.4 loss damage or expense caused by inherent vice or nature of the subject-matter insured
3.5 loss damage or expense arising from unfitness of aircraft conveyance or container for the
safe carriage of the subject-matter insured, where loading therein or thereon is carried out
prior to attachment of this insurance or by the Assured or their employees and they are
privy to such unfitness at the time of loading. This exclusion shall not apply where the
contract of insurance has been assigned to the party claiming hereunder who has bought
or agreed to buy the subject-matter insured in good faith under a binding contract.
3.6 loss damage or expense caused by delay, even though the delay be caused by a risk insured
against
3.7 loss damage or expense caused by insolvency or financial default of the owners
managers charterers or operators of the aircraft where, at the time of loading of the
subject-matter insured on board the aircraft, the Assured are aware, or in the ordinary
course of business should be aware, that such insolvency or financial default could
prevent the normal prosecution of the transit
This exclusion shall not apply where the contract of insurance has been assigned to the
party claiming hereunder who has bought or agreed to buy the subject-matter insured in
good faith under a binding contract
3.8 loss damage or expense directly or indirectly caused by or arising from the use of any
weapon or device employing atomic or nuclear fission and/or fusion or other like reaction
or radioactive force or matter.
War Exclusion Clause
4. In no case shall this insurance cover loss damage or expense caused by
4.1 war civil war revolution rebellion insurrection, or civil strife arising therefrom, or any
hostile act by or against a belligerent power
4.2 capture seizure arrest restraint or detainment (piracy excepted), and the
consequences thereof or any attempt thereat
4.3 derelict mines torpedoes bombs or other derelict weapons of war.
Strike Exclusion Clause
5. In no case shall this insurance cover loss damage or expense
5.1 caused by strikers, locked-out workmen, or persons taking part in labour
disturbances, riots or civil commotions
5.2 resulting from strikes, lock-outs, labour disturbances, riots or civil commotions
5.3 caused by any act of terrorism being an act of any person acting on behalf of, or in
connection with, any organisation which carries out activities directed towards the
overthrowing or influencing, by force or violence, of any government whether or not
legally constituted
5.4 caused by any person acting from a political, ideological or religious motive.
DURATION
Transit Clause
6. 6.1 Subject to Clause 9 below, this insurance attaches from the time the subject-matter insured
is first moved in the warehouse, premises or at the place of storage (at the place named
in the contract of insurance) for the purpose of the immediate loading into or onto the
carrying vehicle or other conveyance for the commencement of transit,
continues during the ordinary course
of transit and terminates either
6.1.1 on completion of unloading from the carrying vehicle or other conveyance in or
at the final warehouse, premises or place of storage at the destination named in
the contract of insurance,
6.1.2 on completion of unloading from the carrying vehicle or other conveyance in or
at any other warehouse, premises or place of storage, whether prior to or at the
destination named in the contract of insurance, which the Assured or their
employees elect to use either for storage other than in the ordinary course of
transit or for allocation or distribution, or
6.1.3 when the Assured or their employees elect to use any carrying vehicle or other
conveyance or any container for storage other than in the ordinary course of transit
or
6.1.4 on the expiry of 30 days after completion of unloading of the subject-matter insured
from the aircraft at the final place of discharge,
CLAIMS
Insurable Interest Clause
9. 9.1 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.
9.2 Subject to Clause 9.1 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 Insurers were not.
arrival.
BENEFIT OF INSURANCE
Not to Inure Clause
13. This insurance
13.1 covers the Assured which includes the person claiming indemnity either as the person
by or on whose behalf the contract of insurance was effected or as an assignee,
13.2 shall not extend to or otherwise benefit the carrier or other bailee.
MINIMISING LOSSES
Duty of Assured Clause
14. It is the duty of the Assured and their employees and agents in respect of loss recoverable
hereunder
14.1 to take such measures as may be reasonable for the purpose of averting or
minimising such loss, and
14.2 to ensure that all rights against carriers, bailees or other third parties are properly preserved
and exercised and the Insurers will, in addition to any loss recoverable hereunder, reimburse
the Assured for any charges properly and reasonably incurred in pursuance of these duties.
Waiver Clause
15. Measures taken by the Assured or the Insurers with the object of saving, protecting or
recovering the subject- matter insured shall not be considered as a waiver or acceptance of
abandonment or otherwise prejudice the rights of either party.
AVOIDANCE OF DELAY
Reasonable Despatch Clause
16. It is a condition of this insurance that the Assured shall act with reasonable despatch in all
circumstances within their control.
EXCLUSIONS
General Exclusions Clause
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 to withstand the ordinary incidents of the insured transit
where such packing or preparation is carried out by the Assured or their employees or
prior to the attachment of this insurance (for the purpose of these Clauses "packing" shall
be deemed to include stowage in a container and "employees" shall not include
independent contractors)
3.4 loss damage or expense caused by inherent vice or nature of the subject-matter insured
3.5 loss damage or expense 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 caused by insolvency or financial default of the owners managers
charterers or operators of the vessel where, at the time of loading of the subject-matter
insured on board the vessel, the Assured are aware, or in the ordinary course of business
should be aware, that such insolvency or financial default could prevent the normal
prosecution of the voyage
This exclusion shall not apply where the contract of insurance has been assigned to the
party claiming hereunder who has bought or agreed to buy the subject-matter insured in
good faith under a binding contract
3.7 any claim based upon loss of or frustration of the voyage or adventure
3.8 loss damage or expense directly or indirectly caused by or arising from any hostile use
of any weapon or device employing atomic or nuclear fission and/or fusion or other like
reaction or radioactive force or matter.
Unseaworthiness and Unfitness Exclusion Clause
4. 4.1 In no case shall this insurance cover loss damage or expense arising from
4.1.1 unseaworthiness of vessel or craft or unfitness of vessel or craft for the safe carriage
of the subject- matter insured, where the Assured are privy to such unseaworthiness
or unfitness, at the time the subject-matter insured is loaded therein
4.1.2 unfitness of container or conveyance for the safe carriage of the subject-matter
insured, where loading therein or thereon is carried out
prior to attachment of this insurance or
by the Assured or their employees and they are privy to such unfitness at the time
of loading.
4.2 Exclusion 4.1.1 above shall not apply where the contract of insurance has been
assigned to the party claiming hereunder who has bought or agreed to buy the
subject-matter insured in good faith under a binding contract.
4.3 The Insurers 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.
DURATION
Transit Clause
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 Insurers 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 subject-matter insured is 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 subject-matter insured is 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 the contract of
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 this 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 Insurers before the commencement of such further transit and subject to an
additional premium, this 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 this 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 Insurers.
5.5 Subject to prompt notice to Insurers, 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 carriers under the contract of carriage.
(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)
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
BENEFIT OF INSURANCE
Not to Inure Clause
10. This insurance
10.1 covers the Assured which includes the person claiming indemnity either as the person
by or on whose behalf the contract of insurance was effected or as an assignee,
10.2 shall not extend to or otherwise benefit the carrier or other bailee.
MINIMISING LOSSES
Duty of Assured Clause
11. It is the duty of the Assured and their employees 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 Insurers will, in addition to any loss recoverable hereunder,
reimburse the Assured for any charges properly and reasonably incurred in pursuance of these
duties.
Waiver Clause
12. Measures taken by the Assured or the Insurers with the object of saving, protecting or
recovering the subject- matter insured shall not be considered as a waiver or acceptance of
abandonment or otherwise prejudice the rights of either party.
AVOIDANCE OF DELAY
Reasonable Despatch Clause
13. It is a condition of this insurance that the Assured shall act with reasonable despatch in all
circumstances within their control.
EXCLUSIONS
General Exclusions Clause
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 to withstand the ordinary incidents of the insured transit
where such packing or preparation is carried out by the Assured or their employees or prior
to the attachment of this insurance (for the purpose of this Clause 3.3 "packing" shall be
deemed to include stowage in a container and "employees" shall not include independent
contractors)
3.4 loss damage or expense caused by inherent vice or nature of the subject-matter insured
3.5 loss damage or expense 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 caused by insolvency or financial default of the owners managers
charterers or operators of the vessel where, at the time of loading of the subject-matter
insured on board the vessel, the Assured are aware, or in the ordinary course of business
should be aware, that such insolvency or financial default could prevent the normal
prosecution of the voyage
This exclusion shall not apply where the contract of insurance has been assigned to the
party claiming hereunder who has bought or agreed to buy the subject-matter insured in
good faith under a binding contract
3.7 loss damage or expense arising from the absence shortage or withholding of labour of any
description whatsoever resulting from any strike, lockout, labour disturbance, riot or civil
commotion
3.8 any claim based upon loss of or frustration of the voyage or adventure
3.9 loss damage or expense directly or indirectly caused by or arising from the use of any
weapon or device 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.
Unseaworthiness and Unfitness Exclusion Clause
4. 4.1 In no case shall this insurance cover loss damage or expense arising from
4.1.1 unseaworthiness of vessel or craft or unfitness of vessel or craft for the safe carriage
of the subject- matter insured, where the Assured are privy to such unseaworthiness
or unfitness, at the time the subject-matter insured is loaded therein
4.1.2 unfitness of container or conveyance for the safe carriage of the subject-matter
insured, where loading therein or thereon is carried out
prior to attachment of this insurance or
by the Assured or their employees and they are privy to such unfitness at the time
of loading.
4.2 Exclusion 4.1.1 above shall not apply where the contract of insurance has been assigned
to the party claiming hereunder who has bought or agreed to buy the subject-matter
insured in good faith under a binding contract.
4.3 The Insurers 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.DURATION
Transit Clause
5. 5.1 Subject to Clause 8 below, this insurance attaches from the time the subject-matter insured
is first moved in the warehouse or at the place of storage (at the place named in the
contract of insurance) for the purpose of the immediate loading into or onto the carrying
vehicle or other conveyance for the commencement of transit,
continues during the ordinary course
of transit and terminates either
5.1.1 on completion of unloading from the carrying vehicle or other conveyance in or at
the final warehouse or place of storage at the destination named in the contract of
insurance,
5.1.2 on completion of unloading from the carrying vehicle or other conveyance in or at
any other warehouse or place of storage, whether prior to or at the destination
named in the contract of insurance, which the Assured or their employees elect to
use either for storage other than in the ordinary course of transit or for allocation or
distribution, or
5.1.3 when the Assured or their employees elect to use any carrying vehicle or other
conveyance or any container for storage other than in the ordinary course of transit
or
5.1.4 on the expiry of 60 days after completion of discharge overside of the subject-matter
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 subject-matter insured is to be forwarded to a
destination other than that to which it is insured, this insurance, whilst remaining subject to
termination as provided in Clauses 5.1.1 to 5.1.4, shall not extend beyond the time the
subject-matter insured is first moved for the purpose of the commencement of transit to
such other destination.
5.3 This insurance shall remain in force (subject to termination as provided for in Clauses 5.1.1
to 5.1.4 above and to the provisions of Clause 6 below) during delay beyond the control of
the Assured, any deviation, forced discharge, reshipment or transhipment and during any
variation of the adventure arising from the exercise of a liberty granted to carriers under
the contract of carriage.
otherwise specially agreed, until the expiry of 60 days after arrival of the subject-matter
insured at such port or place, whichever shall first occur,
or
6.2 if the subject-matter insured is forwarded within the said period of 60 days (or any agreed
extension thereof) to the destination named in the contract of insurance or to any other
destination, until terminated in accordance with the provisions of Clause 5 above.
CLAIMS
Insurable Interest Clause
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 Clause 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 Insurers were not.
BENEFIT OF INSURANCE
Not to Inure Clause
10. This insurance
10.1 covers the Assured which includes the person claiming indemnity either as the person by
or on whose behalf the contract of insurance was effected or as an assignee,
10.2 shall not extend to or otherwise benefit the carrier or other bailee.
MINIMISING LOSSES
Duty of Assured Clause
11. It is the duty of the Assured and their employees 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 Insurers will, in addition to any loss recoverable hereunder,
reimburse the Assured for any charges properly and reasonably incurred in pursuance of these
duties.
Waiver Clause
12. Measures taken by the Assured or the Insurers with the object of saving, protecting or
recovering the subject- matter insured shall not be considered as a waiver or acceptance of
abandonment or otherwise prejudice the rights of either party.
AVOIDANCE OF DELAY
Reasonable Despatch Clause
13. It is a condition of this insurance that the Assured shall act with reasonable despatch in all
circumstances within their control.
EXCLUSIONS
General Exclusions Clause
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 to withstand the ordinary incidents of the insured transit
where such packing or preparation is carried out by the Assured or their employees or prior
to the attachment of this insurance (for the purpose of these Clauses "packing" shall be
deemed to include stowage in a container and "employees" shall not include independent
contractors)
3.4 loss damage or expense caused by inherent vice or nature of the subject-matter insured
3.5 loss damage or expense arising from unfitness of aircraft conveyance or container for the
safe carriage of the subject-matter insured, where loading therein or thereon is carried out
prior to attachment of this insurance or by the Assured or their employees and they are
privy to such unfitness at the time of loading. This exclusion shall not apply where the
contract of insurance has been assigned to the party claiming hereunder who has bought
or agreed to buy the subject-matter insured in good faith under a binding contract.
3.6 loss damage or expense caused by delay, even though the delay be caused by a risk insured
against
3.7 loss damage or expense caused by insolvency or financial default of the owners managers
charterers or operators of the aircraft where, at the time of loading of the subject-matter
insured on board the aircraft, the Assured are aware, or in the ordinary course of business
should be aware, that such insolvency or financial default could prevent the normal
prosecution of the transit
This exclusion shall not apply where the contract of insurance has been assigned to the
party claiming hereunder who has bought or agreed to buy the subject-matter insured in
good faith under a binding contract
3.8 any claim based upon loss of or frustration of the transit or adventure
3.9 loss damage or expense directly or indirectly caused by or arising from any hostile use of
any weapon or device employing atomic or nuclear fission and/or fusion or other like
reaction or radioactive force or matter.
DURATION
Transit Clause
4. 4.1 This insurance
4.1.1 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
4.1.2 terminates, subject to 4.2 and 4.3 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 Insurers and to an additional premium, such insurance
4.1.3 reattaches when, without having discharged the subject-matter insured at the final
place of discharge, the aircraft departs therefrom,
and
4.1.4 terminates, subject to 4.2 and 4.3 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.
4.2 If during the insured transit the aircraft arrives at an intermediate place to discharge the
subject-matter insured for on-carriage by aircraft or oversea vessel, then, subject to 4.3
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 subject-matter insured is on-carried within
the said period of 15 days or if the insurance reattaches as provided in this Clause 4.2
4.2.1 where the on-carriage is by aircraft this insurance continues subject to the terms of
these Clauses, or
4.2.2 where the on-carriage is by oversea vessel, the current Institute War Clauses
(Cargo) shall be deemed to form part of the contract of insurance and shall apply to
the on-carriage by sea.
4.3 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 to be the final place of discharge and this
insurance terminates in accordance with 4.1.2. If the subject-matter insured is subsequently
consigned to the original or any other destination, then, provided notice is given to the
Insurers before the commencement of such further transit and subject to an additional
premium, this insurance reattaches
4.3.1 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 aircraft
for the transit;
4.3.2 in the case of the subject-matter insured not having been discharged, when the
aircraft departs from such deemed final place of discharge;
thereafter this insurance terminates in accordance with 4.1.4.
4.4 Subject to prompt notice to Insurers, 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
carriers under the contract of carriage.
(For the purpose of Clause 4
"oversea vessel" shall be deemed to mean a vessel carrying the subject-matter from one port or
place to another where such voyage involves a sea passage by that vessel)
6. Anything contained in this contract which is inconsistent with Clauses 3.8, 3.9 or 4 shall,
to the extent of such inconsistency, be null and void.
CLAIMS
Insurable Interest Clause
7. 7.1 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.
7.2 Subject to Clause 7.1 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 Insurers were not.
BENEFIT OF INSURANCE
Not to Inure Clause
9. This insurance
9.1 covers the Assured which includes the person claiming indemnity either as the person by
or on whose behalf the contract of insurance was effected or as an assignee,
9.2 shall not extend to or otherwise benefit the carrier or other bailee.
MINIMISING LOSSES
Duty of Assured Clause
10. It is the duty of the Assured and their employees and agents in respect of loss recoverable
hereunder
10.1 to take such measures as may be reasonable for the purpose of averting or
minimising such loss, and
10.2 to ensure that all rights against carriers, bailees or other third parties are properly preserved
and exercised and the Insurers will, in addition to any loss recoverable hereunder, reimburse
the Assured for any charges properly and reasonably incurred in pursuance of these duties.
Waiver Clause
11. Measures taken by the Assured or the Insurers 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 th e rights of either party.
AVOIDANCE OF DELAY
Reasonable Despatch Clause
12. It is a condition of this insurance that the Assured shall act with reasonable despatch in all
circumstances within their control.
EXCLUSIONS
General Exclusions Clause
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 to withstand the ordinary incidents of the insured transit
where such packing or preparation is carried out by the Assured or their employees or
prior to the attachment of this insurance (for the purpose of these Clauses "packing" shall
be deemed to include stowage in a container and "employees" shall not include
independent contractors)
3.4 loss damage or expense caused by inherent vice or nature of the subject-matter insured
3.5 loss damage or expense caused by delay, even though the delay be caused by a risk
insured against (except expenses payable under Clause 2 above)
3.6 any claim based upon loss of or frustration of the voyage or adventure
3.7 loss damage or expense directly or indirectly caused by or arising from any hostile use
of any weapon or device employing atomic or nuclear fission and/or fusion or other like
reaction or radioactive force or matter.
DURATION
Transit Clause
4. 4.1 This insurance attaches only as the subject-matter insured and as to any part as that part is
first
moved in the premises of the senders at the place named in the contract of insurance for the
immediate commencement of the transit and continues, but with the exclusion of any period
during which the subject- matter insured is in packers' premises, until the subject-matter
insured and as to any part as that part is delivered to the address on the postal package(s)
when this insurance shall terminate.
5. Anything contained in this contract which is inconsistent with Clauses 3.6, 3.7 or 4 shall,
to the extent of such inconsistency, be null and void.
CLAIMS
Insurable Interest Clause
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 Clause 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 Insurers were not.
BENEFIT OF INSURANCE
Not to Inure Clause
7. This insurance shall not extend to or otherwise benefit the carrier or other bailee.
MINIMISING LOSSES
Duty of Assured Clause
7.1 It is the duty of the Assured and their employees and agents in respect of loss
recoverable hereunderto take such measures as may be reasonable for the
purpose of averting or minimising such loss, and
7.2 to ensure that all rights against carriers, bailees or other third parties are properly preserved
and exercised and the Insurers will, in addition to any loss recoverable hereunder, reimburse
the Assured for any charges properly and reasonably incurred in pursuance of these duties.
Waiver Clause
8. Measures taken by the Assured or the Insurers with the object of saving, protecting or
recovering the subject- matter insured shall not be considered as a waiver or acceptance of
abandonment or otherwise prejudice the rights of either party.
AVOIDANCE OF DELAY
Reasonable Despatch Clause
9. It is a condition of this insurance that the Assured shall act with reasonable despatch in all
circumstances within their control.
EXCLUSIONS
General Exclusions Clause
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 to withstand the ordinary incidents of the insured transit
where such packing or preparation is carried out by the Assured or their employees or
prior to the attachment of this insurance (for the purpose of this Clause 3.3 "packing" shall
be deemed to include stowage in a container and "employees" shall not include
independent contractors)
3.4 loss damage or expense caused by inherent vice or nature of the subject-matter insured
3.5 loss damage or expense arising from unfitness of aircraft conveyance or container for the
safe carriage of the subject-matter insured, where loading therein or thereon is carried out
prior to attachment of this insurance or by the Assured or their employees and they are
privy to such unfitness at the time of loading. This exclusion shall not apply where the
contract of insurance has been assigned to the party claiming hereunder who has bought
or agreed to buy the subject-matter insured in good faith under a binding contract.
3.6 loss damage or expense caused by delay, even though the delay be caused by a risk insured
against
3.7 loss damage or expense caused by insolvency or financial default of the owners
managers charterers or operators of the aircraft where, at the time of loading of the
subject-matter insured on board the aircraft, the Assured are aware, or in the ordinary
course of business should be aware, that such insolvency or financial default could
prevent the normal prosecution of the transit
This exclusion shall not apply where the contract of insurance has been assigned to the
party claiming hereunder who has bought or agreed to buy the subject-matter insured in
good faith under a binding contract
3.8 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
3.9 any claim based upon loss of or frustration of the transit or adventure
3.10 loss damage or expense directly or indirectly caused by or arising from the use of any
weapon or device employing atomic or nuclear fission and/or fusion or other like reaction
or radioactive force or matter
3.11 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.
DURATION
Transit Clause
4. 4.1 Subject to Clause 7 below, this insurance attaches from the time the subject-matter insured
is
first moved in the warehouse, premises or at the place of storage (at the place named in
the contract of insurance) for the purpose of the immediate loading into or onto the
carrying vehicle or other conveyance for the commencement of transit,
continues during the ordinary course
of transit and terminates either
4.1.1 on completion of unloading from the carrying vehicle or other conveyance in or
at the final warehouse, premises or place of storage at the destination named in
the contract of insurance,
4.1.2 on completion of unloading from the carrying vehicle or other conveyance in or at
any other warehouse, premises or place of storage, whether prior to or at the
destination named in the contract of insurance, which the Assured or their
employees elect to use either for storage other than in the ordinary course of transit
or for allocation or distribution, or
4.1.3 when the Assured or their employees elect to use any carrying vehicle or other
conveyance or any container for storage other than in the ordinary course of transit
or
4.1.4 on the expiry of 30 days after completion of unloading of the subject-matter insured
from the aircraft at the final place of discharge,
whichever shall first occur.
4.2 If, after unloading from the aircraft at the final place of discharge, but prior to termination
CLAIMS
Insurable Interest Clause
7. 7.1 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.
7.2 Subject to Clause 7.1 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 Insurers were not.
BENEFIT OF INSURANCE
Not to Inure Clause
9. This insurance
9.1 covers the Assured which includes the person claiming indemnity either as the person
by or on whose behalf the contract of insurance was effected or as an assignee,
9.2 shall not extend to or otherwise benefit the carrier or other bailee.
MINIMISING LOSSES
Duty of Assured Clause
10. It is the duty of the Assured and their employees and agents in respect of loss recoverable
hereunder
10.1 to take such measures as may be reasonable for the purpose of averting or
minimising such loss, and
10.2 to ensure that all rights against carriers, bailees or other third parties are properly preserved
and exercised and the Insurers will, in addition to any loss recoverable hereunder, reimburse the
Assured for any charges properly and reasonably incurred in pursuance of these duties.
Waiver Clause
11. Measures taken by the Assured or the Insurers with the object of saving, protecting or
recovering the subject- matter insured shall not be considered as a waiver or acceptance of
abandonment or otherwise prejudice the rights of either party.
AVOIDANCE OF DELAY
Reasonable Despatch Clause
12. It is a condition of this insurance that the Assured shall act with reasonable despatch in all
circumstances within their control.
Cargoes and/or interests carried by vessels not classed as above must be notified promptly to
underwriters for rates and conditions to be agreed. Should a loss occur prior to such agreement
being obtained cover may be provided but only if cover would have been available at a
reasonable commercial market rate on reasonable commercial market terms.
AGE LIMITATION
2. Cargoes and/or interests carried by Qualifying Vessels (as defined above) which exceed the
following age limits will be insured on the policy or open cover conditions subject to an
additional premium to be agreed.
2.1. have been used for the carriage of general cargo on an established and regular
pattern of trading between a range of specified ports, and do not exceed 25 years of
age, or
2.2. were constructed as containerships, vehicle carriers or double-skin open-hatch gantry
crane vessels (OHGCs) and have been continuously used as such on an established
and regular pattern of trading between a range of specified ports, and do not exceed 30
years of age.
CRAFT CLAUSE
3. The requirements of this Clause do not apply to any craft used to load or unload the vessel
within the port area.
PROMPT NOTICE
5. Where this insurance requires the assured to give prompt notice to the Underwriters, the
right to cover is dependent upon compliance with that obligation.
For a current list of IACS Members and Associate Members please refer to the IACS website at
www.iacs.org.uk
1.1. Subject only to clause 1.2 below, in no case shall this insurance cover loss damage liability or
expense directly or indirectly caused by or contributed to by or arising from the use or operation,
as a means for inflicting harm, of any computer, computer system, computer software programme,
malicious code, computer virus or process or any other electronic system.
1.2. Where this clause is endorsed on policies covering risks of war, civil war, revolution, rebellion,
insurrection, or civil strife arising therefrom, or any hostile act by or against a belligerent power, or
terrorism or any person acting from a political motive, Clause 1.1 shall not operate to exclude
losses (which would otherwise be covered) arising from the use of any computer, computer system
or computer software programme or any other electronic system in the launch and/or guidance
system and/or firing mechanism of any weapon or missile.
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 ionising radiations from or contamination by radioactivity from any nuclear fuel or from any
nuclear waste or from the combustion of nuclear fuel
1.2 the radioactive, toxic, explosive or other hazardous or contaminating properties of any
nuclear installation, reactor or other nuclear assembly or nuclear component thereof
1.3 any weapon or device employing atomic or nuclear fission and/or fusion or other like
reaction or radioactive force or matter
1.4 the radioactive, toxic, explosive or other hazardous or contaminating properties of any
radioactive matter. The exclusion in this sub-clause does not extend to radioactive isotopes,
other than nuclear fuel, when such isotopes are being prepared, carried, stored, or used
for commercial, agricultural, medical, scientific or other similar peaceful purposes
Applicable with effect from 1 July 2002 to shipments on board all other cargo ships and mobile offshore
drilling units of 500 gross tonnage or more.
In no case shall this insurance cover loss, damage or expense where the subject matter insured is
Carried by a vessel that is not ISM Code certified or whose owners or operators do not hold an ISM
Code Document of Compliance when, at the time of loading of the subject matter insured on board the
vessel, the Assured were aware, or in the ordinary course of business should have been aware:-
a) Either that such vessel was not certified in accordance with the ISM Code.
b) Or that a current Document of Compliance was not held by her owners or operators as
required under the SOLAS Convention 1974 as amended.
This exclusion shall not apply where this insurance has been assigned to the party claiming hereunder
who has bought or agreed to buy the subject matter insured in good faith under a binding contract.
This clause, which does not apply to General Average or Salvage or Salvage Charges, is subject to all
other terms, conditions and exclusions contained in the policy and to JCC Cargo ISM
Endorsement JC 98/019.
This clause shall be paramount and shall override anything in this insurance inconsistent therewith.
1. Notwithstanding any provision to the contrary contained in this Policy or the Clauses referred to
therein, it is agreed that in so far as this Policy covers loss of or damage to the subject-matter
insured caused by any terrorist or any person acting from a political motive, such cover is conditional
upon the subject-matter insured being in the ordinary course of transit and, in any event, SHALL
TERMINATE: either
1.1. as per the transit clauses contained within the Policy, or
or
1.2. on delivery to the Consignee's or other final warehouse or place of storage at the destination
named herein,
1.3. on delivery to any other warehouse or place of storage, whether prior to or at the destination
named herein, which the Assured elect to use either for storage other than in the ordinary
course of transit or for allocation or distribution,
or
1.4. in respect or marine transits, on the expiry of 60 days after completion of discharge overside
of the goods hereby insured from the oversea vessel at the final port of discharge,
1.5. in respect of air transits, on the expiry of 30 days after unloading the subject-matter insured
from the aircraft at the final place of discharge, whichever shall first occur.
2. If this Policy or the Clauses referred to therein specifically provide cover for inland or other further
transits following on from storage, or termination as provided for above, cover will re-attach, and
continues during the ordinary course of that transit terminating again in accordance with clause 1.
3. This clause is subject to English law and practice.
1. This insurance covers all risks of loss or damage to the subject matter insured except as excluded
by the provisions of Clauses Nos.2,3,4 & 5 below
Exclusions
General Exclusions Clause
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 the insufficiency or unsuitability of packing or preparation
of the subject-matter insured to withstand the ordinary incidents of the insured transit where
such packing or preparation is carried out by the Assured or their employees or prior to the
attachment of this insurance (for the purpose of this clause “packing” shall be deemed to
include stowage in container, land conveyance or railway wagon and “employees” shall not
include independent contractors)
2.4. loss damage or expense proximately caused by delay, even though the delay be caused by
a risk insured against
2.5. loss damage or expense caused by inherent vice or nature of the subject-matter insured.
2.6. loss damage or expense directly or indirectly caused by or arising from the use of any weapon
or device employing atomic or nuclear fission and/or fusion or other like reaction or radioactive
force or matter
Duration
Transit Clause
6.
6.1. Subject to clause 7 below, this insurance attaches from the time the subject matter insured is
first moved in the warehouse or at the place of storage (at the place named in the contract of
insurance) for the purpose of the immediate loading into or onto the carrying vehicle or other
conveyance “or from the time the courier collects the subject matter insured and Courier
Receipt (s) thereof duly issued” for the commencement of transit and continues during the
ordinary course of transit including customary transshipment, if any, And terminates either
6.1.1.on completion of unloading from the carrying vehicle or other conveyance in or at the final
warehouse or place of storage at the destination named in the contract of insurance, or
6.1.2.on completion of unloading from the carrying vehicle or other conveyance in or at any
other warehouse or place of storage, whether prior to or at the destination named in the
contract of insurance, which the Assured or their employees elect to use either for storage
other than in the ordinary course of transit or for allocation or distribution, or
6.1.3.when the Assured or their employees elect to use any carrying vehicle or other
conveyance or any container for storage other than in the ordinary course of transit or
6.1.4.in respect of transits by Rail only or Rail and Road, until expiry of 7 days after arrival of
the railway wagon at the final destination railway station, or
6.1.5.in respect of transit by Road only until expiry of 7 days after arrival of the vehicle at the
destination town named in the policy, or
6.1.6.in respect of transit by Air only until expiry of 7 days after unloading the subject - matter
insured from the aircraft at the final place of discharge.
6.1.7.until delivery to the consignee at destination by the courier or on expiry of 7 days after the
date of arrival of the subject matter at the destination town named in the policy.
Whichever shall first occur
N.B. 1. The period of 7 days referred to above shall be reckoned from the midnight of the day
of arrival of railway wagon at the destination railway station or vehicle at the destination town
named in the policy.
N.B. 2. Transit by Rail only shall include incidental transit by Road performed by Railway
Authorities to or from Railway out Agency.
N.B. 3. Transit by Air shall include incidental transit by road performed by Airport Authorities
to or from Airport.
6.2. This insurance shall remain in force (subject to termination as provided for in clauses 6.1.1 to
6.1.4 above) during delay beyond the control of the Assured, any deviation and forced delivery
and during any variation of the transit arising out of / from the exercise of a liberty granted to
carriers under the contract of affreightment.
Claims
Insurable Interest Clause
7.
7.1. 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.
7.2. Subject to 7.1 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 Underwriters were
not.
Benefit Of Insurance
Not to Inure Clause
9. This insurance
9.1. covers the Assured which includes the person claiming indemnity either as the person by or
on whose behalf the contract of insurance was effected or as an assignee
9.2. shall not extend to or otherwise benefit the carrier or other bailees.
Minimising Losses
Duty of Assured Clause
10. It is the duty of the Assured and their servants and agents in respect of loss recoverable hereunder.
10.1. to take such measures as may be reasonable for the purpose of averting or minimising
such loss and
10.2. to ensure that all right against carriers, bailees, couriers or other third parties are
properly preserved and exercised by immediately lodging a monetary claim against railway/
road carriers/ bailees within six months from the date of railway/ lorry receipt or as prescribed
by the relevant statute
and the Underwriters will, in addition to any loss recoverable hereunder, reimburse the Assured for
any charges properly and reasonably incurred in pursuance of these duties.
Waiver Clause
11. 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 right of either party.
Avoidance of Delay
Reasonable Despatch Clause
12. It is a condition of this insurance that the Assured shall act with reasonable despatch in all
circumstances within their control.
Exclusions
General Exclusions Clause
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 the insufficiency or unsuitability of packing or preparation
of the subject-matter insured to withstand the ordinary incidents of the insured transit where
such packing or preparation is carried out by the Assured or their employees or prior to the
attachment of this insurance (for the purpose of these clauses “packing” shall be deemed to
include stowage in container, land conveyance or railway wagon and ‘employees’ shall not
include independent contractors)
2.4. loss damage or expense proximately caused by delay, even though the delay be caused by a
risk insured against
2.5. loss damage or expense caused by inherent vice or nature of the subject-matter insured.
2.6. loss damage or expense directly or indirectly caused by or arising from the use of any weapon
or device employing atomic or nuclear fission and/or fusion or other like reaction or radioactive
force or matter
2.7. deliberate damage to or deliberate destruction of the subject-matter insured or any part thereof
by the wrongful act of any person or persons
4.1. war civil war revolution rebellion insurrection, or civil strife arising therefrom, or any hostile act
by or against a belligerent power
4.2. capture seizure arrest restraint or detainment and the consequences thereof or any attempt
thereat
4.3. derelict mines bombs or other derelict weapons of war.
Strike Exclusion Clause
5. In no case shall this insurance cover loss damage or expense
5.1. caused by strikers, locked-out workmen or persons taking part in labour disturbance, riots or
civil commotions
5.2. resulting from strikes lock-outs, labour disturbances, riots or civil commotions
5.3. caused by any act/s of terrorism being an act of any person/s acting on behalf of, or in
connection with, any organization/s which carries/carry out activities directed towards the
overthrowing or influencing, by force or violence, of any government whether or not legally
constituted
5.4. caused by any person acting from a political, ideological or religious motive.
5.5. caused by the intervention of government authorities (for e.g. Armed & Paramilitary forces,
Police force, Fire Brigade, etc.) in connection with curbing and stopping what are excluded
vide clauses 5.1 to 5.4
Duration
Transit Clause
6.
6.1. Subject to Clause 7 below, this insurance attaches from the time the subject matter insured is
first moved in the warehouse or at the place of storage (at the place named in the contract of
insurance) for the purpose of the immediate loading into or onto the carrying vehicle or other
conveyance “or from the time the courier collects the subject matter insured and Courier
Receipt (s) thereof duly issued” for the commencement of transit and continues during the
ordinary course of transit including customary transshipment, if any, and terminates either
6.1.1.on completion of unloading from the carrying vehicle or other conveyance in or at the final
warehouse or place of storage at the destination named in the contract of insurance, or
6.1.2.on completion of unloading from the carrying vehicle or other conveyance in or at any
other warehouse or place of storage, whether prior to or at the destination named in the
contract of insurance, which the Assured or their employees elect to use either for storage
other than in the ordinary course of transit or for allocation or distribution, or
6.1.3.when the Assured or their employees elect to use any carrying vehicle or other
conveyance or any container for storage other than in the ordinary course of transit or
6.1.4.in respect of transits by Rail only or Rail and Road, until expiry of 7 days after arrival of
the railway wagon at the final destination railway station, or
6.1.5.in respect of transit by Road only until expiry of 7 days after arrival of the vehicle at the
destination town named in the policy
6.1.6.until delivery to the consignee at destination by the courier or on expiry of 7 days after the
date of arrival of the subject matter at the destination town named in the policy.
Whichever shall first occur
N.B. 1. The period of 7 days referred to above shall be reckoned from the midnight of the day of arrival
of railway wagon at the destination railway station or vehicle at the destination town named in the policy.
N.B. 2. Transit by Rail only shall include incidental transit by Road performed by Railway Authorities to
or from Railway out Agency.
6.2. This insurance shall remain in force (subject to termination as provided for in clauses 6.1.1. to
6.1.3 above) during delay beyond the control of the Assured, any deviation and forced delivery
and during any variation of the transit arising out of/from the exercise of a liberty granted to
carriers under the contract of affreightment.
Claims
Insurable Interest Clause
7.
7.1. 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.
7.2. Subject to 7.1 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 underwriters were
not.
Benefit of Insurance
Not to Inure Clause
9. This insurance
9.1. covers the Assured which includes the person claiming indemnity either as the person by or
on whose behalf the contract of insurance was effected or as an assignee
9.2. shall not extend to or otherwise benefit the carrier or other bailees.
Minimising Losses
Duty of Assured Clause
10. It is the duty of the Assured and their servants and agents in respect of loss recoverable hereunder.
10.1. to take such measures as may be reasonable for the purpose of averting or minimising
such loss and
10.2. to ensure that all right against carriers, bailees or other third parties are properly
preserved and exercised by immediately lodging a monetary claim against railway/ road
carriers/ bailees within six months from the date of railway/ lorry receipt or as prescribed by
the relevant statute
and the Underwriters will, in addition to any loss recoverable hereunder, reimburse the Assured for
any charges properly and reasonably incurred in pursuance of these duties.
Waiver Clause
11. 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 right of either party.
Avoidance of Delay
Reasonable Despatch Clause
12. It is a condition of this insurance that the Assured shall act with reasonable despatch in all
circumstances within their control.
Risks Covered
Risks Clause
1. Subject otherwise to the terms, conditions and warranties of the Policy on goods against transit
risks, this insurance covers, except as provided in clause 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 act/s of terrorism being an act/s of any person/s acting on behalf of, or in connection with,
any organisation/s which carries/carry out activities directed towards the overthrowing or
influencing, by force or violence, of any government whether or not legally constituted
1.3. caused by any person/s acting from a political, ideological or religious motive.
1.4. caused by the intervention of government authorities (for e.g. Armed & Paramilitary forces,
Police force, Fire brigade, etc.) in connection with curbing and stopping what are covered by
Clauses 1.1 to 1.3 above;
Exclusions
General Exclusions Clause
2. In no case shall this insurance cover
2.1. loss damage or expense proximately caused by delay, inherent vice or nature of the subject
matter insured
2.2. loss damage or expense proximately caused by the absence, shortage or withholding of labour
of any description whatsoever during any strike, lockout labour disturbance, riot or civil
commotion.
2.3. any claim for expenses arising from delay or other consequential or indirect loss or damage of
any kind
2.4. loss damage or expenses caused by hostilities, warlike operations, civil war, revolution,
rebellion, insurrection or civil strife arising therefrom, or any hostile act by or against a
belligerent power
RISKS COVERED
Risks Clause
1. This insurance covers all risks of loss of or damage to the subject-matter insured except as
excluded by the provisions of Clauses 4, 5, 6 and 7 below.
EXCLUSIONS
General Exclusions Clause
4. In no case shall this insurance cover
4.1. loss damage or expense attributable to wilful misconduct of the Assured
4.2. ordinary leakage, ordinary loss in weight or volume, or ordinary wear and tear of the subject-
matter insured
4.3. loss damage or expense caused by insufficiency or unsuitability of packing or preparation of
the subject-matter insured to withstand the ordinary incidents of the insured transit where such
packing or preparation is carried out by the Assured or their employees or prior to the
attachment of this insurance (for the purpose of these Clauses "packing" shall be deemed to
include stowage in a container and "employees" shall not include independent contractors)
4.4. loss damage or expense caused by inherent vice or nature of the subject-matter insured
(except loss damage or expense resulting from variation in temperature whilst this insurance
is in force)
4.5. loss damage or expense 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 caused by insolvency or financial default of the owners managers
charterers or operators of the vessel/aircraft where, at the time of loading of the subject-matter
insured on board the vessel/aircraft, the Assured are aware, or in the ordinary course of
business should be aware, that such insolvency or financial default could prevent the normal
prosecution of the voyage.
This exclusion shall not apply where the contract of insurance has been assigned to the party
claiming hereunder who has bought or agreed to buy the subject-matter insured in good faith
under a binding contract
4.7. loss damage or expense directly or indirectly caused by or arising from the use of any weapon
or device employing atomic or nuclear fission and/or fusion or other like reaction or radioactive
force or matter
4.8. loss damage or expense arising from any failure of the Assured or their employees to take all
reasonable precautions to ensure that the subject-matter insured is kept in refrigerated or,
where appropriate, properly insulated and cooled space
4.9. any loss damage or expense otherwise recoverable hereunder unless prompt notice thereof
is given to the Insurers and, in any event, not later than 30 days after the termination of this
insurance.
Unseaworthiness and Unfitness Exclusion Clause
5.
5.1. In no case shall this insurance cover loss damage or expense arising from
5.1.1.unseaworthiness of vessel or craft or unfitness of vessel or craft for the safe carriage of
the subject-matter insured, where the Assured are privy to such unseaworthiness or
unfitness, at the time the subject-matter insured is loaded therein
5.1.2.unfitness of container or conveyance for the safe carriage of the subject-matter insured,
where loading therein or thereon is carried out prior to attachment of this insurance or by
the Assured or their employees and they are privy to such unfitness at the time of loading.
5.2. Exclusion 5.1.1 above shall not apply where the contract of insurance has been assigned to
the party claiming hereunder who has bought or agreed to buy the subject-matter insured in
good faith under a binding contract.
5.3. The Insurers 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.
DURATION
Transit Clause
8.
8.1. Subject to Clause 11 below, this insurance attaches from the time the subject-matter insured
is loaded into the conveyance at the freezing/cooling works or at the cold store (at the place
named in the contract of insurance) for the commencement of transit, continues during the
ordinary course of transit and terminates either
8.1.1.on delivery to the cold store or place of storage at the destination named in the contract
of insurance, or
8.1.2.on delivery to any other cold store or place of storage, whether prior to or at the destination
named in the contract of insurance, which the Assured or their employees elect to use
either for storage other than in the ordinary course of transit or for allocation or distribution,
or
8.1.3.when the Assured or their employees elect to use any carrying vehicle or other
conveyance or any container for storage other than in the ordinary course of transit, or
8.1.4.on the expiry of 5 days after completion of discharge overside of the subject-matter
insured from the oversea vessel or after completion of unloading of the subject matter
insured from the aircraft at the final place of discharge whichever shall first occur.
8.2. If, after discharge overside from the oversea vessel, or after unloading from the aircraft at the
final place of discharge, but prior to termination of this insurance, the subject-matter insured is
to be forwarded to a destination other than that to which it is insured, this insurance, whilst
remaining subject to termination as provided in Clauses 8.1.1 to 8.1.4 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 in Clauses 8.1.1 to
8.1.4 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 carriers under the contract of
carriage.
CLAIMS
Insurable Interest Clause
11.
11.1. In order to recover under this insurance the Assured must have an insurable interest in the
subject-matter insured at the time of the loss.
11.2. Subject to Clause 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 Insurers were not.
BENEFIT OF INSURANCE
Not to Inure Clause
15. This insurance
15.1. covers the Assured which includes the person claiming indemnity either as the person by or
on whose behalf the contract of insurance was effected or as an assignee,
15.2. shall not extend to or otherwise benefit the carrier or other bailee.
MINIMISING LOSSES
Duty of Assured Clause
16. It is the duty of the Assured and their employees 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 Insurers will, in addition to any loss recoverable hereunder, reimburse
the Assured for any charges properly and reasonably incurred in pursuance of these duties.
Waiver Clause
17. Measures taken by the Assured or the Insurers with the object of saving, protecting or recovering
the subject-matter insured shall not be considered as a waiver or acceptance of abandonment or
otherwise prejudice the rights of either party.
AVOIDANCE OF DELAY
SPECIAL NOTE: This insurance does not cover loss damage or expense caused by embargo, or by
rejection prohibition or detention by the government of the country of import or their agencies or
departments but does not exclude loss of or damage to the subject-matter insured caused by
risks insured hereunder and sustained prior to any such embargo rejection prohibition or detention.
RISKS COVERED
Risks Clause
1. This insurance covers, except as excluded by the provisions of Clauses 4, 5, 6 and 7 below,
1.1. all risks of loss of or damage to the subject-matter insured, other than loss or damage
resulting from any variation in temperature howsoever caused,
1.2. loss of or damage to the subject-matter insured resulting from any variation in temperature
attributable to
1.2.1.breakdown of refrigerating machinery resulting in its stoppage for a period of not less
than 24 consecutive hours
1.2.2.fire or explosion
1.2.3.vessel or craft being stranded grounded sunk or capsized
1.2.4.overturning or derailment of land conveyance
1.2.5.collision or contact of vessel craft or conveyance with any external object other than
water
1.2.6.discharge of cargo at a place of distress.
EXCLUSIONS
General Exclusion Clause
4. In no case shall this insurance cover
4.1. loss damage or expense attributable to wilful misconduct of the Assured
4.2. ordinary leakage, ordinary loss in weight or volume, or ordinary wear and tear of the subject-
matter insured
4.3. loss damage or expense caused by insufficiency or unsuitability of packing or preparation of
the subject-matter insured to withstand the ordinary incidents of the insured transit where
such packing or preparation is carried out by the Assured or their employees or prior to the
attachment of this insurance (for the purpose of these Clauses "packing" shall be deemed to
include stowage in a container and "employees" shall not include independent contractors)
4.4. loss damage or expense caused by inherent vice or nature of the subject-matter insured
(except loss damage or expense resulting from variation in temperature specifically covered
under Clause 1.2 above)
4.5. loss damage or expense 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 caused by insolvency or financial default of the owners managers
charterers or operators of the vessel/aircraft where, at the time of loading of the subject-
matter insured on board the vessel/aircraft, the Assured are aware, or in the ordinary course
of business should be aware, that such insolvency or financial default could prevent the
normal prosecution of the voyage.
This exclusion shall not apply where the contract of insurance has been assigned to the party
claiming hereunder who has bought or agreed to buy the subject-matter insured in good faith
under a binding contract
4.7. loss damage or expense directly or indirectly caused by or arising from the use of any
weapon or device employing atomic or nuclear fission and/or fusion or other like reaction or
radioactive force or matter
4.8. loss damage or expense arising from any failure of the Assured or their employees to take all
reasonable precautions to ensure that the subject-matter insured is kept in refrigerated or,
where appropriate, properly insulated and cooled space
4.9. any loss damage or expense otherwise recoverable hereunder unless prompt notice thereof
is given to the Insurers and, in any event, not later than 30 days after the termination of this
insurance.
7.3. caused by any act of terrorism being an act of any person acting on behalf of, or in
connection with, any organisation which carries out activities directed towards the
overthrowing or influencing, by force or violence, of any government whether or not legally
constituted
7.4. caused by any person acting from a political, ideological or religious motive.
DURATION
Transit Clause
8.
8.1. Subject to Clause 11 below, this insurance attaches from the time the subject-matter insured
is loaded into the conveyance at the freezing/cooling works or at the cold store (at the place
named in the contract of insurance) for the commencement of transit, continues during the
ordinary course of transit and terminates either
8.1.1.on delivery to the cold store or place of storage at the destination named in the contract
of insurance, or
8.1.2.on delivery to any other cold store or place of storage, whether prior to or at the
destination named in the contract of insurance, which the Assured or their employees
elect to use either for storage other than in the ordinary course of transit or for allocation
or distribution, or
8.1.3.when the Assured or their employees elect to use any carrying vehicle or other
conveyance or any container for storage other than in the ordinary course of transit, or
8.1.4.on the expiry of 5 days after completion of discharge overside of the subject-matter
insured from the oversea vessel or after completion of unloading of the subject-matter
insured from the aircraft, at the final place of discharge whichever shall first occur.
8.2. If, after discharge overside from the oversea vessel, or after unloading from the aircraft at the
final place of discharge, but prior to termination of this insurance, the subject-matter insured
is to be forwarded to a destination other than that to which it is insured, this insurance, whilst
remaining subject to termination as provided for in Clauses 8.1.1 to 8.1.4 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 in Clauses 8.1.1
to 8.1.4 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 carriers under the
contract of carriage.
10.2. Where the subject-matter insured commences the transit contemplated by this insurance (in
accordance with Clause 8.1 above), but, without the knowledge of the Assured or their
employees the vessel sails/aircraft leaves for another destination, this insurance will
nevertheless be deemed to have attached at commencement of such transit.
CLAIMS
Insurable Interest Clause
11.
11.1. In order to recover under this insurance the Assured must have an insurable interest in the
subject-matter insured at the time of the loss.
11.2. Subject to Clause 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 Insurers were not.
MINIMISING LOSSES
Duty of Assured Clause
16. It is the duty of the Assured and their employees 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 Insurers will, in addition to any loss recoverable hereunder, reimburse
the Assured for any charges properly and reasonably incurred in pursuance of these duties.
Waiver Clause
17. Measures taken by the Assured or the Insurers with the object of saving, protecting or recovering
the subject-matter insured shall not be considered as a waiver or acceptance of abandonment or
otherwise prejudice the rights of either party.
AVOIDANCE OF DELAY
Reasonable Despatch Clause
18. It is a condition of this insurance that the Assured shall act with reasonable despatch in all
circumstances within their control.
SPECIAL NOTE: This insurance does not cover loss damage or expense caused by embargo, or by
rejection prohibition or detention by the government of the country of import or their agencies or
departments but does not exclude loss of or damage to the subject-matter insured caused by
risks insured hereunder and sustained prior to any such embargo rejection prohibition or detention.
EXCLUSIONS
General Exclusion Clause
4. In no case shall this insurance cover
4.1. loss damage or expense attributable to wilful misconduct of the Assured
4.2. ordinary leakage, ordinary loss in weight or volume, or ordinary wear and tear of the subject-
matter insured
4.3. loss damage or expense caused by insufficiency or unsuitability of packing or preparation of
the subject-matter insured to withstand the ordinary incidents of the insured transit where such
packing or preparation is carried out by the Assured or their employees or prior to the
attachment of this insurance (for the purpose of these Clauses "packing" shall be deemed to
include stowage in a container and "employees" shall not include independent contractors)
4.4. loss damage or expense caused by inherent vice or nature of the subject-matter insured
(except loss damage or expense resulting from variation in temperature whilst this insurance
is in force)
4.5. loss damage or expense 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 caused by insolvency or financial default of the owners managers
charterers or operators of the vessel/aircraft where, at the time of loading of the subject-matter
insured on board the vessel/aircraft, the Assured are aware, or in the ordinary course of
business should be aware, that such insolvency or financial default could prevent the normal
prosecution of the voyage.
This exclusion shall not apply where the contract of insurance has been assigned to the party
claiming hereunder who has bought or agreed to buy the subject-matter insured in good faith
under a binding contract
4.7. loss damage or expense directly or indirectly caused by or arising from the use of any weapon
or device employing atomic or nuclear fission and/or fusion or other like reaction or radioactive
force or matter
4.8. loss damage or expense arising from any failure of the Assured or their employees to take all
reasonable precautions to ensure that the subject-matter insured is kept in refrigerated or,
where appropriate, properly insulated and cooled space.
Unseaworthiness And Unfitness Exclusion Clause
5.
5.1. In no case shall this insurance cover loss damage or expense arising from
5.1.1.unseaworthiness of vessel or craft or unfitness of vessel or craft for the safe carriage of
the subject-matter insured, where the Assured are privy to such unseaworthiness or
unfitness, at the time the subject-matter insured is loaded therein
5.1.2.unfitness of container or conveyance for the safe carriage of the subject-matter insured,
where loading therein or thereon is carried out prior to attachment of this insurance or by
the Assured or their employees and they are privy to such unfitness at the time of loading.
5.2. Exclusion 5.1.1 above shall not apply where the contract of insurance has been assigned to
the party claiming hereunder who has bought or agreed to buy the subject-matter insured in
good faith under a binding contract.
5.3. The Insurers 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.
DURATION
Transit Clause
8.
8.1. Subject to Clause 11 below, this insurance attaches from the time
8.1.1.the subject-matter insured passes into the cooling and/or freezing chambers of the works
(at the place named in the contract of insurance), provided that the period in such
chambers prior to shipment on board the oversea vessel or aircraft shall not exceed 60
days unless prompt notice be given to the Insurers and an additional premium paid for
each further period of 30 days or part thereof.
8.1.2.the subject-matter insured is loaded into the conveyance at the freezing/cooling works or
at the cold store (at the place named in the contract of insurance) for the commencement
of transit.
8.1.3.of loading of the subject-matter insured into the oversea vessel or aircraft.
Note: Underwriter shall delete the Section Not Applicable from 8.1.1., 8.1.2. or 8.1.3 above.
8.2. This insurance continues during the ordinary course of transit to and whilst in
8.2.1.cold store at the destination named in the contract of insurance, or
8.2.2.any other cold store which the Assured elect to use following discharge of the subject-
matter insured from the oversea vessel, or after unloading from the aircraft, at the place
of discharge either
8.2.2.1. for storage other than in the ordinary course of transit or
8.2.2.2. for allocation or distribution.
8.3. This insurance terminates either
8.3.1.when the Assured or their employees elect to use any carrying vehicle or other
conveyance or any container for storage other than in the ordinary course of transit, or
8.3.1.1. for transit to a destination in the Continent of Europe (including Eire and the United
Kingdom), U.S.A. or Canada on the expiry of 30 days
8.3.1.2. for transit to a destination elsewhere on the expiry of 5 days after completion of
discharge of the subject-matter insured from the oversea vessel or, after completion
of unloading of the subject-matter insured from the aircraft at the final place of
discharge, whichever shall first occur.
8.4. This insurance terminates on disposal of the subject-matter insured other than by storage as
in Clauses 8.2.1 or 8.2.2 above (except with the prior consent of the Insurers) or on removal
from cold store before the expiry of the relevant period in Clauses 8.3.1.1 or 8.3.1.2 above.
8.5. If, after discharge overside from the oversea vessel, or after unloading from the aircraft at the
final place of discharge, but prior to termination of this insurance, the subject-matter insured is
to be forwarded to a destination other than that to which it is insured, this insurance, whilst
remaining subject to termination as provided for in Clauses 8.3 and 8.4 above, shall not extend
beyond the commencement of transit to such other destination.
8.6. This insurance shall remain in force (subject to termination as provided for in Clauses 8.3 and
8.4 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 carriers under the contract of
carriage.
prior to such agreement being obtained cover may be provided but only if cover would have
been available at a reasonable commercial market rate on reasonable market terms.
10.2. Where the subject-matter insured commences the transit contemplated by this insurance (in
accordance with Clause 8.1 above), but, without the knowledge of the Assured or their
employees the vessel sails/aircraft leaves for another destination, this insurance will
nevertheless be deemed to have attached at commencement of such transit.
CLAIMS
Insurable Interest Clause
11.
11.1. In order to recover under this insurance the Assured must have an insurable interest in the
subject-matter insured at the time of the loss.
11.2. Subject to Clause 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 Insurers were not.
Adjustment Clause
15. Should the subject-matter insured or any part thereof not be shipped any claim in respect thereto
shall be adjusted on the basis of its insured value less, where included, freight, duty and all charges
not incurred.
BENEFIT OF INSURANCE
Not to Inure Clause
17. This insurance
17.1 covers the Assured which includes the person claiming indemnity either as the person by or
on whose behalf the contract of insurance was effected or as an assignee,
17.2 shall not extend to or otherwise benefit the carrier or other bailee.
MINIMISING LOSSES
Duty of Assured Clause
18. It is the duty of the Assured and their employees and agents in respect of loss recoverable
hereunder
18.1 to take such measures as may be reasonable for the purpose of averting or minimising such
loss, and
18.2 to ensure that all rights against carriers, bailees or other third parties are properly preserved
and exercised and the Insurers will, in addition to any loss recoverable hereunder, reimburse
the Assured for any charges properly and reasonably incurred in pursuance of these duties.
Waiver Clause
19. Measures taken by the Assured or the Insurers with the object of saving, protecting or recovering
the subject-matter insured shall not be considered as a waiver or acceptance of abandonment or
otherwise prejudice the rights of either party.
AVOIDANCE OF DELAY
Reasonable Despatch Clause
20. It is a condition of this insurance that the Assured shall act with reasonable despatch in all
circumstances within their control.
SPECIAL NOTE: This insurance does not cover loss damage or expense caused by embargo, or by
rejection prohibition or detention by the government of the country of import or their agencies or
departments but does not exclude loss of or damage to the subject-matter insured caused by
risks insured hereunder and sustained prior to any such embargo rejection prohibition or detention.
RISKS COVERED
Risks Clauses
1. This insurance covers, except as excluded by the provisions of Clauses 4, 5, 6 and 7 below,
1.1. all risks of loss of or damage to the subject-matter insured, other than loss or damage resulting
from any variation in temperature howsoever caused,
1.2. loss of or damage to the subject-matter insured resulting from any variation in temperature
attributable to
1.2.1.breakdown of refrigerating machinery resulting in its stoppage for a period of not less than
24 consecutive hours
1.2.2.fire or explosion
1.2.3.vessel or craft being stranded grounded sunk or capsized
1.2.4.overturning or derailment of land conveyance
1.2.5.collision or contact of vessel craft or conveyance with any external object other than water
1.2.6.discharge of cargo at a place of distress.
EXCLUSIONS
General Exclusion Clause
4. In no case shall this insurance cover
4.1. loss damage or expense attributable to wilful misconduct of the Assured
4.2. ordinary leakage, ordinary loss in weight or volume, or ordinary wear and tear of the subject-
matter insured
4.3. loss damage or expense caused by insufficiency or unsuitability of packing or preparation of
the subject-matter insured to withstand the ordinary incidents of the insured transit where such
packing or preparation is carried out by the Assured or their employees or prior to the
attachment of this insurance (for the purpose of these Clauses "packing" shall be deemed to
include stowage in a container and "employees" shall not include independent contractors)
4.4. loss damage or expense caused by inherent vice or nature of the subject-matter insured
(except loss damage or expense resulting from variation in temperature specifically covered
under Clause 1.2 above)
4.5. loss damage or expense 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 caused by insolvency or financial default of the owners managers
charterers or operators of the vessel/aircraft where, at the time of loading of the subject-matter
insured on board the vessel/aircraft, the Assured are aware, or in the ordinary course of
business should be aware, that such insolvency or financial default could prevent the normal
prosecution of the voyage.
This exclusion shall not apply where the contract of insurance has been assigned to the party
claiming hereunder who has bought or agreed to buy the subject-matter insured in good faith
under a binding contract
4.7. loss damage or expense directly or indirectly caused by or arising from the use of any weapon
or device employing atomic or nuclear fission and/or fusion or other like reaction or radioactive
force or matter
4.8. loss damage or expense arising from any failure of the Assured or their employees to take all
reasonable precautions to ensure that the subject-matter insured is kept in refrigerated or,
where appropriate, properly insulated and cooled space.
Unseaworthiness and Unfitness Exclusion Clause
5.
5.1. In no case shall this insurance cover loss damage or expense arising from
5.1.1.unseaworthiness of vessel or craft or unfitness of vessel or craft for the safe carriage of
the subject-matter insured, where the Assured are privy to such unseaworthiness or
unfitness, at the time the subject-matter insured is loaded therein
5.1.2.unfitness of container or conveyance for the safe carriage of the subject-matter insured,
where loading therein or thereon is carried out prior to attachment of this insurance or by
the Assured or their employees and they are privy to such unfitness at the time of loading.
5.2. Exclusion 5.1.1 above shall not apply where the contract of insurance has been assigned to
the party claiming hereunder who has bought or agreed to buy the subject-matter insured in
good faith under a binding contract.
5.3. The Insurers 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.
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.
6.4. embargo, or by rejection prohibition or detention by any government or their agencies or
departments.
DURATION
Transit Clause
8.
8.1. Subject to Clause 11 below, this insurance attaches from the time
8.1.1.the subject-matter insured passes into the cooling and/or freezing chambers of the works
(at the place named in the contract of insurance), provided that the period in such
chambers prior to shipment on board the oversea vessel or aircraft shall not exceed 60
days unless prompt notice be given to the Insurers and an additional premium paid for
each further period of 30 days or part thereof.
8.1.2.the subject-matter insured is loaded into the conveyance at the freezing/cooling works or
at the cold store (at the place named in the contract of insurance) for the commencement
of transit.
8.1.3.of loading of the subject-matter insured into the oversea vessel or aircraft.
Note: Underwriter shall delete the Section Not Applicable from 8.1.1., 8.1.2. or 8.1.3 above.
8.2. This insurance continues during the ordinary course of transit to and whilst in
8.2.1.cold store at the destination named in the contract of insurance or
8.2.2.any other cold store which the Assured elect to use following completion of discharge of
the subject-matter insured from the oversea vessel, or after unloading from the aircraft,
at the final place of discharge either
8.2.2.1. for storage other than in the ordinary course of transit or
8.2.2.2. for allocation or distribution.
8.3. This insurance terminates either
8.3.1.when the Assured or their employees elect to use any carrying vehicle or other
conveyance or any container for storage other than in the ordinary course of transit, or
8.3.1.1. for transit to a destination in the Continent of Europe (including Eire and the
United Kingdom), U.S.A. or Canada on the expiry of 30 days
8.3.1.2. for transit to a destination elsewhere on the expiry of 5 days after completion
of discharge of the subject-matter insured from the oversea vessel or, after
completion of unloading of the subject-matter insured from the aircraft at the final
place of discharge, whichever shall first occur.
8.4. This insurance terminates on disposal of the subject-matter insured other than by storage as
in Clauses 8.2.1 or 8.2.2 above (except with the prior consent of the Insurers) or on removal
from cold store before the expiry of the relevant period in Clauses 8.3.1.1 or 8.3.1.2 above.
8.5. If, after discharge overside from the oversea vessel, or after unloading from the aircraft at the
final place of discharge, but prior to termination of this insurance, the subject-matter insured is
to be forwarded to a destination other than that to which it is insured, this insurance, whilst
remaining subject to termination as provided for in Clauses 8.3 and 8.4 above, shall not extend
beyond the commencement of transit to such other destination.
8.6. This insurance shall remain in force (subject to termination as provided for in Clauses 8.3 and
8.4 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 carriers under the contract of
carriage.
CLAIMS
Insurable Interest Clause
11.
11.1. In order to recover under this insurance the Assured must have an insurable interest in the
subject-matter insured at the time of the loss.
11.2. Subject to Clause 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 Insurers were not.
This Clause 13, 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 employees.
Constructive Total Loss.
14. 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
insured to the destination to which it is insured would exceed its value on arrival.
Adjustment Clause
15. Should the subject-matter insured or any part thereof not be shipped any claim in respect thereto
shall be adjusted on the basis of its insured value less, where included, freight, duty and all charges
not incurred.
MINIMISING LOSSES
Duty of Assured Clause
18. It is the duty of the Assured and their employees and agents in respect of loss recoverable
hereunder
18.1. to take such measures as may be reasonable for the purpose of averting or minimising such
loss, and
18.2. to ensure that all rights against carriers, bailees or other third parties are properly preserved
and exercised and the Insurers will, in addition to any loss recoverable hereunder, reimburse
the Assured for any charges properly and reasonably incurred in pursuance of these duties.
Waiver Clause
19. Measures taken by the Assured or the Insurers with the object of saving, protecting or recovering
the subject-matter insured shall not be considered as a waiver or acceptance of abandonment or
otherwise prejudice the rights of either party.
AVOIDANCE OF DELAY
Reasonable Despatch Clause
20. It is a condition of this insurance that the Assured shall act with reasonable despatch in all
circumstances within their control.
SPECIAL NOTE: This insurance does not cover loss damage or expense caused by embargo, or by
rejection prohibition or detention by the government of the country of import or their agencies or
departments but does not exclude loss of or damage to the subject-matter insured caused by
risks insured hereunder and sustained prior to any such embargo rejection prohibition or detention.
4.8. loss damage or expense directly or indirectly caused by or arising from the use of any weapon
or device employing atomic or nuclear fission and/or fusion or other like reaction or radioactive
force or matter
4.9. loss damage or expense arising from any failure of the Assured or their employees to take all
reasonable precautions to ensure that the subject-matter insured is kept in refrigerated or,
where appropriate, properly insulated and cooled space
4.10. any loss damage or expense otherwise recoverable hereunder unless prompt notice thereof
is given to the Insurers and, in any event, not later than 30 days after the termination of this
insurance.
Unseaworthiness and Unfitness Exclusion Clause
5.
5.1. In no case shall this insurance cover loss damage or expense arising from
5.1.1.unseaworthiness of vessel or craft or unfitness of vessel or craft for the safe carriage of
the subject-matter insured, where the Assured are privy to such unseaworthiness or
unfitness, at the time the subject-matter insured is loaded therein
5.1.2.unfitness of container or conveyance for the safe carriage of the subject-matter insured,
where loading therein or thereon is carried out prior to attachment of this insurance or by
the Assured or their employees and they are privy to such unfitness at the time of loading.
5.2. Exclusion 5.1.1 above shall not apply where the contract of insurance has been assigned to
the party claiming hereunder who has bought or agreed to buy the subject-matter insured in
good faith under a binding contract.
5.3. The Insurers 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.
War Exclusion Clause
6. In no case shall this insurance cover loss damage or expense caused by
6.1. war civil war revolution rebellion insurrection, or civil strife arising therefrom, or any hostile act
by or against a belligerent power
6.2. capture seizure arrest restraint or detainment, and the consequences thereof or any attempt
thereat
6.3. derelict mines torpedoes bombs or other derelict weapons of war.
6.4. embargo, or by rejection prohibition or detention by any government or their agencies or
departments.
Strike Exclusion Clause
7. In no case shall this insurance cover loss damage or expense
7.1. caused by strikers, locked-out workmen, or persons taking part in labour disturbances, riots or
civil commotions
7.2. resulting from strikes, lock-outs, labour disturbances, riots or civil commotions
7.3. caused by any act of terrorism being an act of any person acting on behalf of, or in connection
with, any organisation which carries out activities directed towards the overthrowing or
influencing, by force or violence, of any government whether or not legally constituted.
7.4. caused by any person acting from a political, ideological or religious motive.
DURATION
Transit Clause
8.
8.1. Subject to Clause 11 below, this insurance attaches from the time the subject-matter insured
is loaded into the conveyance at the freezing/cooling works or at the cold store (at the place
named in the contract of insurance) for the commencement of transit, continues during the
ordinary course of transit and terminates either
8.1.1.on delivery to the cold store or place of storage at the destination named in the contract
of insurance, or
8.1.2.on delivery to any other cold store or place of storage, whether prior to or at the destination
named in the contract of insurance, which the Assured or their employees elect to use
either for storage other than in the ordinary course of transit or for allocation or distribution,
or
8.1.3.when the Assured or their employees elect to use any carrying vehicle or other
conveyance or any container for storage other than in the ordinary course of transit, or
8.1.4.on the expiry of 5 days after completion of discharge overside of the subject-matter
insured from the oversea vessel or, after completion of unloading of the subject-matter
insured from the aircraft at the final place of discharge, whichever shall first occur.
8.2. If, after discharge overside from the oversea vessel, or after unloading from the aircraft at the
final place of discharge, but prior to termination of this insurance, the subject-matter insured is
to be forwarded to a destination other than that to which it is insured, this insurance, whilst
remaining subject to termination as provided in Clauses 8.1.1 to 8.1.4 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 in Clauses 8.1.1 to
8.1.4 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 carriers under the contract of
carriage.
Termination of Contract of Carriage Clause
9. If owing to circumstances beyond the control of the Assured either the contract of carriage is
terminated at a port or place other than the destination named therein or the transit is otherwise
terminated before delivery of the subject- matter insured as provided for in Clause 8 above, then
this insurance shall also terminate unless prompt notice is given to the Insurers and continuation of
cover is requested when this insurance shall remain in force, subject to an additional premium if
required by the Insurers, either
9.1. until the subject-matter insured is sold and delivered at such port or place, or, unless otherwise
specially agreed, until the expiry of 30 days after arrival of the subject-matter insured at such
port or place, whichever shall first occur,
OR
9.2. if the subject-matter insured is forwarded within the said period of 30 days (or any agreed
extension thereof) to the destination named in the contract of insurance or to any other
destination, until terminated in accordance with the provisions of Clause 8 above.
Change of Voyage/Transit Clause
10.
10.1. Where, after attachment of this insurance, the destination is changed by the Assured, this
must be notified promptly to the Insurers for rates and terms to be agreed. Should a loss occur
prior to such agreement being obtained cover may be provided but only if cover would have
been available at a reasonable commercial market rate on reasonable market terms.
10.2. Where the subject-matter insured commences the transit contemplated by this insurance (in
accordance with Clause 8.1 above), but, without the knowledge of the Assured or their
employees the ship sails/aircraft leaves for another destination, this insurance will
nevertheless be deemed to have attached at commencement of such transit.
CLAIMS
Insurable Interest Clause
11.
11.1. In order to recover under this insurance, the Assured must have an insurable interest in the
subject-matter insured at the time of the loss.
11.2. Subject to Clause 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 Insurers were not.
Forwarding Charges Clause
12. Where, as a result of the operation of a risk covered by this insurance, the insured transit is
terminated at a port or place other than that to which the subject-matter insured is covered under
this insurance, the Insurers will reimburse the Assured for any extra charges properly and
reasonably incurred in unloading storing and forwarding the subject-matter insured to the
destination to which it is insured.
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 employees.
Constructive Total Loss Clause
13. No claim for Constructive Total Loss shall be recoverable hereunder unless the subject-matter
insured is reasonably abandoned either on account of its actual total loss appearing to be
unavoidable or because the cost of recovering, reconditioning and forwarding the subject-matter
insured to the destination to which it is insured would exceed its value on arrival.
RISKS COVERED
Risks Clause
1. This insurance covers, except as excluded by the provisions of Clauses 4, 5, 6 and 7 below,
1.1. loss of or damage to the subject-matter insured reasonably attributable to
1.1.1.breakdown of refrigerating machinery resulting in its stoppage for a period of not less
than 24 consecutive hours
1.1.2.fire or explosion
1.1.3.vessel or craft being stranded grounded sunk or capsized
1.1.4.overturning or derailment of land conveyance
1.1.5.collision or contact of vessel craft or conveyance with any external object other than
water
1.1.6.discharge of cargo at a place 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.
EXCLUSIONS
General Exclusion Clause
4. In no case shall this insurance cover
4.1. loss damage or expense attributable to wilful misconduct of the Assured
4.2. ordinary leakage, ordinary loss in weight or volume, or ordinary wear and tear of the subject-
matter insured
4.3. loss damage or expense caused by insufficiency or unsuitability of packing or preparation of
the subject-matter insured to withstand the ordinary incidents of the insured transit where
such packing or preparation is carried out by the Assured or their employees or prior to the
attachment of this insurance (for the purpose of these Clauses "packing" shall be deemed to
include stowage in a container and "employees" shall not include independent contractors)
4.4. loss damage or expense caused by inherent vice or nature of the subject-matter insured
(except loss damage or expense covered under Clause 1.1.1 above)
4.5. loss damage or expense 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 caused by insolvency or financial default of the owners managers
charterers or operators of the vessel/aircraft where, at the time of loading of the subject-
matter insured on board the vessel/aircraft, the Assured are aware, or in the ordinary course
of business should be aware, that such insolvency or financial default could prevent the
normal prosecution of the voyage.
This exclusion shall not apply where the contract of insurance has been assigned to the party
claiming hereunder who has bought or agreed to buy the subject-matter insured in good faith
under a binding contract
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 directly or indirectly caused by or arising from the use of any
weapon or device employing atomic or nuclear fission and/or fusion or other like reaction or
radioactive force or matter
4.9. loss damage or expense arising from any failure of the Assured or their employees to take all
reasonable precautions to ensure that the subject-matter insured is kept in refrigerated or,
where appropriate, properly insulated and cooled space.
Unseaworthiness and Unfitness Clause
5.
5.1. In no case shall this insurance cover loss damage or expense arising from
5.1.1.unseaworthiness of vessel or craft or unfitness of vessel or craft for the safe carriage of
the subject-matter insured, where the Assured are privy to such unseaworthiness or
unfitness, at the time the subject-matter insured is loaded therein
5.1.2.unfitness of container or conveyance for the safe carriage of the subject-matter insured,
where loading therein or thereon is carried out prior to attachment of this insurance or
by the Assured or their employees and they are privy to such unfitness at the time of
loading.
5.2. Exclusion 5.1.1 above shall not apply where the contract of insurance has been assigned to
the party claiming hereunder who has bought or agreed to buy the subject-matter insured in
good faith under a binding contract.
5.3. The Insurers 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.
DURATION
Transit Clause
8.
8.1. Subject to Clause 11 below, this insurance attaches from the time
8.1.1.the subject-matter insured passes into the cooling and/or freezing chambers of the
works (at the place named in the contract of insurance), provided that the period in such
chambers prior to shipment on board the oversea vessel or aircraft shall not exceed 60
days unless prompt notice be given to the Insurers and an additional premium paid for
each further period of 30 days or part thereof.
8.1.2.the subject-matter insured is loaded into the conveyance at the freezing/cooling works
or at the cold store (at the place named in the contract of insurance) for the
commencement of transit.
8.1.3.of loading of the subject-matter insured into the oversea vessel or aircraft.
Note: Underwriter shall delete the Section Not Applicable from 8.1.1., 8.1.2. or 8.1.3 above.
8.2. This insurance continues during the ordinary course of transit to and whilst in
8.2.1.cold store at the destination named in the contract of insurance, or
8.2.2.any other cold store which the Assured elect to use following completion of discharge of
the subject-matter insured from the oversea vessel, or after unloading from the aircraft,
at the final place of discharge either
8.2.2.1. for storage other than in the ordinary course of transit or
8.2.2.2. for allocation or distribution
8.3. This insurance terminates either
8.3.1.when the Assured or their employees elect to use any carrying vehicle or other
conveyance or any container for storage other than in the ordinary course of transit, or
8.3.1.1. for transit to a destination in the Continent of Europe (including Eire and the
United Kingdom), U.S.A. or Canada on the expiry of 30 days
8.3.1.2. for transit to a destination elsewhere on the expiry of 5 days after completion of
discharge overside of the subject-matter insured from the oversea vessel or, after
completion of unloading of the subject-matter insured from the aircraft at the final
place of discharge, whichever shall first occur.
8.4. This insurance terminates on disposal of the subject-matter insured other than by storage as
in Clauses 8.2.1 or 8.2.2 above (except with the prior consent of the Insurers) or on removal
from cold store before the expiry of the relevant period in Clauses 8.3.1.1 or 8.3.1.2 above.
8.5. If, after discharge overside from the oversea vessel, or after unloading from the aircraft at the
final place of discharge, but prior to termination of this insurance, the subject-matter insured
is to be forwarded to a destination other than that to which it is insured, this insurance, whilst
remaining subject to termination as provided for in Clauses 8.3 and 8.4 above, shall not
extend beyond the commencement of transit to such other destination.
8.6. This insurance shall remain in force (subject to termination as provided for in Clauses 8.3
and 8.4 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 carriers under the
contract of carriage.
CLAIMS
Insurable Interest Clause
11.
11.1. In order to recover under this insurance, the Assured must have an insurable interest in the
subject-matter insured at the time of the loss.
11.2. Subject to Clause 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 Insurers were not.
12. Prompt notice of any loss damage or deterioration shall be given to the Insurers upon first
discovery and any claim for depreciation or damage is conditional upon Insurers having been
given an opportunity to inspect such depreciation or damage before termination of this insurance.
Adjustment Clause
15. Should the subject-matter insured or any part thereof not be shipped any claim in respect thereto
shall be adjusted on the basis of its insured value less, where included, freight, duty and all
charges not incurred.
MINIMISING LOSSES
Duty of Assured
18. It is the duty of the Assured and their employees and agents in respect of loss recoverable
hereunder
18.1. to take such measures as may be reasonable for the purpose of averting or minimising such
loss, and
18.2. to ensure that all rights against carriers, bailees or other third parties are properly preserved
and exercised and the Insurers will, in addition to any loss recoverable hereunder, reimburse
the Assured for any charges properly and reasonably incurred in pursuance of these duties.
Waiver Clause
19. Measures taken by the Assured or the Insurers with the object of saving, protecting or recovering
the subject-matter insured shall not be considered as a waiver or acceptance of abandonment or
otherwise prejudice the rights of either party.
AVOIDANCE OF DELAY
Reasonable Despatch Clause
20. It is a condition of this insurance that the Assured shall act with reasonable despatch in all
circumstances within their control.
SPECIAL NOTE: This insurance does not cover loss damage or expense caused by embargo, or by
rejection prohibition or detention by the government of the country of import or their agencies or
departments but does not exclude loss of or damage to the subject-matter insured caused by
risks insured hereunder and sustained prior to any such embargo rejection prohibition or detention
RISKS COVERED
Risks Clauses
1. This insurance covers, except as excluded by the provisions of 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 act of terrorism being an act of any person acting on behalf of, or in connection with, any
organisation which carries out activities directed towards the overthrowing or influencing, by
force or violence, of any government whether or not legally constituted
1.3. any person acting from a political, ideological or religious motive.
EXCLUSIONS
General Exclusion Clause
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 to withstand the ordinary incidents of the insured transit where
such packing or preparation is carried out by the Assured or their employees or prior to the
attachment of this insurance (for the purpose of this Clause 3.3 "packing" shall be deemed to
include stowage in a container and "employees" shall not include independent contractors)
3.4. loss damage or expense caused by inherent vice or nature of the subject-matter insure
3.5. loss damage or expense 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 caused by insolvency or financial default of the owners managers
charterers or operators of the vessel/aircraft where, at the time of loading of the subject-
matter insured on board the vessel/aircraft, the Assured are aware, or in the ordinary course
of business should be aware, that such insolvency or financial default could prevent the
normal prosecution of the voyage.
This exclusion shall not apply where the contract of insurance has been assigned to the party
claiming hereunder who has bought or agreed to buy the subject-matter insured in good faith
under a binding contract
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 directly or indirectly caused by or arising from the use of any
weapon or device 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
3.11. any loss damage or expense otherwise recoverable hereunder unless prompt notice thereof
is given to the Insurers and, in any event, not later than 30 days after the termination of this
insurance
3.12. embargo, or by rejection prohibition or detention by any government or their agencies or
departments.
Unseaworthiness And Unfitness Exclusion Clause
4.
4.1. In no case shall this insurance cover loss damage or expense arising from
4.1.1.unseaworthiness of vessel or craft or unfitness of vessel or craft for the safe carriage of
the subject-matter insured, where the Assured are privy to such unseaworthiness or
unfitness, at the time the subject-matter insured is loaded therein
4.1.2.unfitness of container or conveyance for the safe carriage of the subject-matter insured,
where loading therein or thereon is carried out prior to attachment of this insurance or
by the Assured or their employees and they are privy to such unfitness at the time of
loading.
4.2. Exclusion 4.1.1 above shall not apply where the contract of insurance has been assigned to
the party claiming hereunder who has bought or agreed to buy the subject-matter insured in
good faith under a binding contract.
4.3. The Insurers 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.
DURATION
Transit Clause
5.
5.1. Subject to Clause 8 below, this insurance attaches from the time the subject-matter insured
is loaded into the conveyance at the freezing/cooling works or at the cold store (at the place
named in the contract of insurance) for the commencement of transit, continues during the
ordinary course of transit and terminates either
5.1.1.on delivery to the cold store or place of storage at the destination named in the contract
of insurance,
5.1.2.on delivery to any other cold store or place of storage, whether prior to or at the
destination named in the contract of insurance, which the Assured or their employees
elect to use either for storage other than in the ordinary course of transit or for allocation
or distribution, or
5.1.3.when the Assured or their employees elect to use any carrying vehicle or other
conveyance or any container for storage other than in the ordinary course of transit, or
5.1.4.on the expiry of 5 days after completion of discharge overside of the subject-matter
insured from the oversea vessel or, after completion of unloading of the subject-matter
insured from the aircraft at the final place of discharge whichever shall first occur.
5.2. If, after completion of discharge overside from the oversea vessel, or after unloading from
the aircraft at the final place of discharge, but prior to termination of this insurance, the
subject-matter insured is to be forwarded to a destination other than that to which it is
insured, this insurance, whilst remaining subject to termination as provided in Clauses 5.1.1
to 5.1.4 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 in Clauses 5.1.1
to 5.1.4 above and to the provisions of Clause 6 below) during delay beyond the control of
the Assured, any deviation, forced discharge, reshipment or transhipment and during any
variation of the adventure arising from the exercise of a liberty granted to carriers under the
contract of carriage.
7.2. Where the subject-matter insured commences the transit contemplated by this insurance (in
accordance with Clause 5.1 above), but, without the knowledge of the Assured of their
employees the vessel sails/aircraft leaves for another destination, this insurance will
nevertheless be deemed to have attached at commencement of such transit.
CLAIMS
Insurable Interest Clause
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 Clause 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 Insurers were not.
In the event of claim the Assured shall provide the Insurers with evidence of the amounts insured
under all other insurances.
BENEFIT OF INSURANCE
Not to Insure Clause
10. This insurance
10.1. covers the Assured which includes the person claiming indemnity either as the person by or
on whose behalf the contract of insurance was effected or as an assignee,
10.2. shall not extend to or otherwise benefit the carrier or other bailee.
MINIMISING LOSSES
Duty of Assured Clause
11. It is the duty of the Assured and their employees 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 Insurers will, in addition to any loss recoverable hereunder, reimburse
the Assured for any charges properly and reasonably incurred in pursuance of these duties.
Waiver Clause
12. Measures taken by the Assured or the Insurers with the object of saving, protecting or recovering
the subject-matter insured shall not be considered as a waiver or acceptance of abandonment or
otherwise prejudice the rights of either party.
AVOIDANCE OF DELAY
Reasonable Despatch Clause
13. It is a condition of this insurance that the Assured shall act with reasonable despatch in all
circumstances within their control.
SPECIAL NOTE: This insurance does not cover loss damage or expense caused by embargo, or by
rejection prohibition or detention by the government of the country of import or their agencies or
departments but does not exclude loss of or damage to the subject-matter insured caused by
risks insured hereunder and sustained prior to any such embargo rejection prohibition or detention.
EXCLUSIONS
General Exclusions Clause
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 to withstand the ordinary incidents of the insured transit where
such packing or preparation is carried out by the Assured or their employees or prior to the
attachment of this insurance (for the purpose of this Clause 3.3 "packing" shall be deemed to
include stowage in a container and "employees" shall not include independent contractors)
3.4. loss damage or expense caused by inherent vice or nature of the subject-matter insured
3.5. loss damage or expense 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 caused by insolvency or financial default of the owners managers
charterers or operators of the vessel/aircraft where, at the time of loading of the subject-
matter insured on board the vessel/aircraft, the Assured are aware, or in the ordinary course
of business should be aware, that such insolvency or financial default could prevent the
normal prosecution of the voyage.
This exclusion shall not apply where this insurance has been assigned to the party claiming
hereunder who has bought or agreed to buy the subject-matter insured in good faith under a
binding contract
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 directly or indirectly caused by or arising from the use of any
weapon or device 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
3.11. embargo, or by rejection prohibition or detention by any government or their agencies or
departments.
Unseaworthiness And Unfitness Exclusion Clause
4.
4.1. In no case shall this insurance cover loss damage or expense arising from
4.1.1.unseaworthiness of vessel or craft or unfitness of vessel or craft for the safe carriage of
the subject-matter insured, where the Assured are privy to such unseaworthiness or
unfitness, at the time the subject-matter insured is loaded therein
4.1.2.unfitness of container or conveyance for the safe carriage of the subject-matter insured,
where loading therein or thereon is carried out prior to attachment of this insurance or
by the Assured or their employees and they are privy to such unfitness at the time of
loading.
4.2. Exclusion 4.1.1 above shall not apply where the contract of insurance has been assigned to
the party claiming hereunder who has bought or agreed to buy the subject-matter insured in
good faith under a binding contract.
4.3. The Insurers 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.
DURATION
Transit Clause
5.
5.1. Subject to Clause 8 below, this insurance attaches from the time
5.1.1.the subject-matter insured passes into the cooling and/or freezing chambers of the
works (at the place named in the contract of insurance), provided that the period in such
chambers prior to shipment on board the oversea vessel or aircraft shall not exceed 60
days unless prompt notice be given to the Insurers and an additional premium paid for
each further period of 30 days or part thereof.
5.1.2.the subject-matter insured is loaded into the conveyance at the freezing/cooling works
or at the cold store (at the place named in the contract of insurance) for the
commencement of transit.
5.1.3.of loading of the subject-matter insured into the oversea vessel or aircraft.
Note: Underwriter shall delete the Section Not Applicable from 5.1.1., 5.1.2. or 5.1.3 above.
5.2. This insurance continues during the ordinary course of transit to and whilst in
5.2.1.cold store at the destination named in the contract of insurance
Or
5.2.2.any other cold store which the Assured elect to use following completion of discharge of
the subject-matter insured from the oversea vessel, or after unloading from the aircraft
at the final place of discharge either
5.2.2.1. for storage other than in the ordinary course of transit or
5.2.2.2. for allocation or distribution
5.3. This insurance terminates either
5.3.1.when the Assured or their employees elect to use any carrying vehicle or other
conveyance or any container for storage other than in the ordinary course of transit, or
5.3.2.for transit to a destination
5.3.2.1. in the Continent of Europe (including Eire and the United Kingdom), U.S.A. or
Canada on the expiry of 30 days
5.3.2.2. elsewhere on the expiry of 5 days after completion of discharge overside of
the subject-matter insured from the oversea vessel or, after completion of
unloading of the subject-matter insured from the aircraft at the final place of
discharge, whichever shall first occur.
5.4. This insurance terminates on disposal of the subject-matter insured other than by storage as
in Clauses 5.2.1 or 5.2.2 above (except with the prior consent of the Insurers) or on removal
from cold store before the expiry of the relevant period in Clauses 5.3.2.1 or 5.3.2.2 above.
5.5. If, after discharge overside from the oversea vessel, or after unloading from the aircraft at the
final place of discharge, but prior to termination of this insurance, the subject-matter insured
is to be forwarded to a destination other than that to which it is insured, this insurance, whilst
remaining subject to termination as provided for in Clauses 5.3 and 5.4 above, shall not
extend beyond the commencement of transit to such other destination.
5.6. This insurance shall remain in force (subject to termination as provided for in Clauses 5.3
and 5.4 above and to the provisions of Clause 6 below) during delay beyond the control of
the Assured, any deviation, forced discharge, reshipment or transhipment and during any
variation of the adventure arising from the exercise of a liberty granted to carriers under the
contract of carriage.
7.1. Where, after attachment of this insurance, the destination is changed by the Assured, this
must be notified promptly to the Insurers for rates and terms to be agreed. Should a loss
occur prior to such agreement being obtained cover may be provided but only if cover would
have been available at a reasonable commercial market rate on reasonable market terms.
7.2. Where the subject-matter insured commences the transit contemplated by this insurance (in
accordance with Clause 5.1 above), but, without the knowledge of the Assured or their
employees the vessel sails/aircraft leaves for another destination, this insurance will
nevertheless be deemed to have attached at commencement of such transit.
CLAIMS
Insurable Interest Clause
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 Clause 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 Insurers were not.
Adjustment Clause
10. Should the subject-matter insured, or any part thereof not be shipped any claim in respect thereto
shall be adjusted on the basis of its insured value less, where included, freight, duty and all
charges not incurred.
MINIMISING LOSSES
Duty of Assured Clause
13. It is the duty of the Assured and their employees 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 Insurers will, in addition to any loss recoverable hereunder,
reimburse the Assured for any charges properly and reasonably incurred in pursuance of
these duties.
Waiver Clause
14. Measures taken by the Assured or the Insurers with the object of saving, protecting or recovering
the subject-matter insured shall not be considered as a waiver or acceptance of abandonment or
otherwise prejudice the rights of either party.
AVOIDANCE OF DELAY
Reasonable Despatch Clause
15. It is a condition of this insurance that the Assured shall act with reasonable despatch in all
circumstances within their control.
SPECIAL NOTE: This insurance does not cover loss damage or expense caused by embargo, or by
rejection prohibition or detention by the government of the country of import or their agencies or
departments but does not exclude loss of or damage to the subject-matter insured caused by
risks insured hereunder and sustained prior to any such embargo rejection prohibition or detention
EXCLUSIONS
General Exclusion Clause
4. In no case shall this insurance cover
4.1. loss damage or expense attributable to wilful misconduct of the Assured
4.2. ordinary leakage, ordinary loss in weight or volume, or ordinary wear and tear of the subject-
matter insured
4.3. loss damage or expense caused by insufficiency or unsuitability of packing or preparation of
the subject-matter insured to withstand the ordinary incidents of the insured transit where
such packing or preparation is carried out by the Assured or their employees or prior to the
attachment of this insurance (for the purpose of these Clauses "packing" shall be deemed to
include stowage in a container and "employees" shall not include independent contractors)
4.4. loss damage or expense arising from infection prior to attachment of this insurance, bone
taint, salmonella, fault in preparation dressing cooling freezing wrapping or packaging
4.5. claims arising from loss of market
4.6. loss damage or expense caused by insolvency or financial default of the owners managers
charterers or operators of the vessel/aircraft where, at the time of loading of the subject-
matter insured on board the vessel/aircraft, the Assured are aware, or in the ordinary course
of business should be aware, that such insolvency or financial default could prevent the
normal prosecution of the voyage.
This exclusion shall not apply where the contract of insurance has been assigned to the party
claiming hereunder who has bought or agreed to buy the subject-matter insured in good faith
under a binding contract
4.7. loss damage or expense directly or indirectly caused by or arising from the use of any
weapon or device employing atomic or nuclear fission and/or fusion or other like reaction or
radioactive force or matter
4.8. loss damage or expense arising from any failure of the Assured or their employees to take all
reasonable precautions to ensure that the subject-matter insured is kept in refrigerated or,
where appropriate, properly insulated and cooled space
4.9. any loss damage or expense otherwise recoverable hereunder unless prompt notice thereof
is given to the Insurers and, in any event, not later than 30 days after the termination of this
insurance.
DURATION
Transit Clause
8.
8.1. Subject to Clause 11 below, this insurance attaches from the time the subject-matter insured
is loaded into the conveyance at the freezing/cooling works or at the cold store (at the place
named in the contract of insurance) for the commencement of transit, continues during the
ordinary course of transit and terminates either
8.1.1.on delivery to the cold store or place of storage at the destination named in the contract
of insurance, or
8.1.2.on delivery to any other cold store or place of storage, whether prior to or at the
destination named in the contract of insurance, which the Assured or their employees
elect to use either for storage other than in the ordinary course of transit or for allocation
or distribution, or
8.1.3.when the Assured or their employees elect to use any carrying vehicle or other
conveyance or any container for storage other than in the ordinary course of transit, or
8.1.4.on the expiry of 5 days after completion of discharge overside of the subject-matter
insured from the oversea vessel, or, after completion of unloading of the subject-matter
insured from the aircraft at the final place of discharge, whichever shall first occur.
8.2. If, after discharge overside from the oversea vessel, or after unloading from the aircraft at the
final place of discharge, but prior to termination of this insurance, the subject-matter insured
is to be forwarded to a destination other than that to which it is insured, this insurance, whilst
remaining subject to termination as provided for in Clauses 8.1.1 to 8.1.4 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 in Clauses 8.1.1
to 8.1.4 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 carriers under the
contract of carriage.
8.4. In the absence of prior notice to the Insurers and agreement of any additional premium
required by them, this insurance excludes any claim for deterioration of or damage to the
subject-matter insured where the period between the first passing of the subject-matter
insured into a freezing/cooling chamber and attachment of this insurance exceeds 60 days.
CLAIMS
Insurable Interest Clause
11.
11.1. In order to recover under this insurance the Assured must have an insurable interest in the
subject-matter insured at the time of the loss.
11.2. Subject to Clause 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 Insurers were not.
MINIMISING LOSSES
Duty of Assured Clause
16. It is the duty of the Assured and their employees 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,
16.2. to ensure that all rights against carriers, bailees or other third parties are properly preserved
and exercised and the Insurers will, in addition to any loss recoverable hereunder, reimburse
the Assured for any charges properly and reasonably incurred in pursuance of these duties.
Waiver Clause
17. Measures taken by the Assured or the Insurers with the object of saving, protecting or recovering
the subject-matter insured shall not be considered as a waiver or acceptance of abandonment or
otherwise prejudice the rights of either party.
AVOIDANCE OF DELAY
Reasonable Despatch Clause
18. It is a condition of this insurance that the Assured shall act with reasonable despatch in all
circumstances within their control.
SPECIAL NOTE: This insurance does not cover loss damage or expense caused by embargo, or by
rejection prohibition or detention by the government of the country of import or their agencies or
departments but does not exclude loss of or damage to the subject-matter insured caused by
risks insured hereunder and sustained prior to any such embargo rejection prohibition or detention
RISKS COVERED
Risks Clause
1. Subject always to the subject-matter insured being in sound condition at the time of attachment,
this insurance covers, except as excluded by the provisions of Clauses 4, 5, 6 and 7 below, loss
of, deterioration of, or damage to the subject-matter insured which shall arise during the currency
of this insurance.
EXCLUSIONS
General Exclusions Clause
4. In no case shall this insurance cover
4.1. loss damage or expense attributable to wilful misconduct of the Assured
4.2. ordinary leakage, ordinary loss in weight or volume, or ordinary wear and tear of the subject-
matter insured
4.3. loss damage or expense caused by insufficiency or unsuitability of packing or preparation of
the subject-matter insured to withstand the ordinary incidents of the insured transit where
such packing or preparation is carried out by the Assured or their employees or prior to the
attachment of this insurance (for the purpose of these Clauses "packing" shall be deemed to
include stowage in a container and "employees" shall not include independent contractors)
4.4. loss, damage or expense arising from infection prior to attachment of this insurance, bone
taint, salmonella, fault in preparation, dressing, cooling, freezing, wrapping or packaging
DURATION
Transit Clause
8.
8.1. Subject to Clause 11 below, this insurance attaches from the time
8.1.1.the subject-matter insured passes into the cooling and/or freezing chambers of the
works (at the place named in the contract of insurance), provided that the period in such
chambers prior to shipment on board the oversea vessel or aircraft shall not exceed 60
days unless prompt notice be given to the Insurers and an additional premium paid for
each further period of 30 days or part thereof.
8.1.2.the subject-matter insured is loaded into the conveyance at the freezing/cooling works
or at the cold store (at the place named in the contract of insurance) for the
commencement of transit.
8.1.3.of loading of the subject-matter insured into the oversea vessel or aircraft.
Note: Underwriter shall delete the Section Not Applicable from 8.1.1., 8.1.2. or 8.1.3 above.
8.2. This insurance continues during the ordinary course of transit to and whilst in
8.2.1.cold store at the destination named in the contract of insurance or
8.2.2.any other cold store which the Assured elect to use following discharge of the subject-
matter insured from the oversea vessel, or after unloading from the aircraft, at the place
of discharge either
8.2.2.1. for storage other than in the ordinary course of transit or
8.2.2.2. for allocation or distribution.
8.3. This insurance terminates either
8.3.1.when the Assured or their employees elect to use any carrying vehicle or other
conveyance or any container for storage other than in the ordinary course of transit, or
8.3.1.1. for transit to a destination in the Continent of Europe (including Eire and the
United Kingdom), U.S.A. or Canada on the expiry of 30 days
8.3.1.2. for transit to a destination elsewhere on the expiry of 5 days after discharge of
the subject-matter insured from the oversea vessel or after completion of
unloading of the subject-matter insured from the aircraft at the final place of
discharge, whichever shall first occur.
8.4. This insurance terminates on disposal of the subject-matter insured other than by storage as
in Clauses 8.2.1 or 8.2.2 above (except with the prior consent of the Insurers) or on removal
from cold store before the expiry of the relevant period in Clauses 8.3.1.1 or 8.3.1.2 above.
8.5. If, after discharge overside from the oversea vessel, or after unloading from the aircraft at the
final place of discharge, but prior to termination of this insurance, the subject-matter insured
is to be forwarded to a destination other than that to which it is insured, this insurance, whilst
remaining subject to termination as provided for in Clauses 8.3 and 8.4 above, shall not
extend beyond the commencement of transit to such other destination.
8.6. This insurance shall remain in force (subject to termination as provided for in Clauses 8.3
and 8.4 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 carriers under the
contract of carriage.
8.7. In the absence of prior notice to the Insurers and agreement of any additional premium
required by them, this insurance excludes any claim for deterioration of or damage to the
subject-matter insured where the period in freezing/cooling works and in any cold store,
before loading into the conveyance for commencement of the transit, exceeds 60 days.
10.
10.1. Where, after attachment of this insurance, the destination is changed by the Assured, this
must be notified promptly to the Insurers for rates and terms to be agreed. Should a loss
occur prior to such agreement being obtained cover may be provided but only if cover would
have been available at a reasonable commercial market rate on reasonable market terms.
10.2. Where the subject-matter insured commences the transit contemplated by this insurance (in
accordance with Clause 8.1 above), but, without the knowledge of the Assured or their
employees the vessel sails/aircraft leaves for another destination, this insurance will
nevertheless be deemed to have attached at commencement of such transit.
CLAIMS
Insurable Interest Clause
11.
11.1. In order to recover under this insurance the Assured must have an insurable interest in the
subject-matter insured at the time of the loss.
11.2. Subject to Clause 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 Insurers were not.
Adjustment Clause
15. Should the subject-matter insured or any part thereof not be shipped any claim in respect thereto
shall be adjusted on the basis of its insured value less, where included, freight, duty and all
charges not incurred.
amount insured.
In the event of claim the Assured shall provide the Insurers with evidence of the amounts insured
under all other insurances.
BENEFIT OF INSURANCE
Not to Inure Clause
17. This insurance
17.1. covers the Assured which includes the person claiming indemnity either as the person by or
on whose behalf the contract of insurance was effected or as an assignee,
17.2. shall not extend to or otherwise benefit the carrier or other bailee.
MINIMISING LOSSES
Duty of Assured Clause
18. It is the duty of the Assured and their employees and agents in respect of loss recoverable
hereunder
18.1. to take such measures as may be reasonable for the purpose of averting or minimising such
loss, and
18.2. to ensure that all rights against carriers, bailees or other third parties are properly preserved
and exercised and the Insurers will, in addition to any loss recoverable hereunder, reimburse
the Assured for any charges properly and reasonably incurred in pursuance of these duties.
Waiver Clause
19. Measures taken by the Assured or the Insurers with the object of saving, protecting or recovering
the subject-matter insured shall not be considered as a waiver or acceptance of abandonment or
otherwise prejudice the rights of either party.
AVOIDANCE OF DELAY
Reasonable Despatch Clause
20. It is a condition of this insurance that the Assured shall act with reasonable despatch in all
circumstances within their control.
SPECIAL NOTE: This insurance does not cover loss damage or expense caused by embargo, or by
rejection prohibition or detention by the government of the country of import or their agencies or
departments but does not exclude loss of or damage to the subject-matter insured caused by
risks insured hereunder and sustained prior to any such embargo rejection prohibition or detention
Special Condition:
Cover under this Extension continues until delivery to final Customer’s Premises or until such time
that the Insured`s Interest ceases whichever first occurs.
Process Clause
This insurance remains in full force whilst the Subject-matter insured is under any process,
manufacture, conversion, treatment and the like but in no case shall extend to cover loss or damage
thereto caused by such process solely caused by such process.
In the event of the Subject Matter insured remaining on Exhibition Site in excess of Thirty (30) days,
from and including date of arrival, the Assured will pay additional premium at rates to be arranged.
Notwithstanding anything to the contrary which may be contained herein, Underwriters will not in any
circumstances be liable for: -
1. loss of damage caused by theft or attempted theft from inadequately secured site.
2. wear and tear, depreciation (not arising from an insured risk), gradual deterioration or inherent
vice.
3. loss or damage caused by vermin, weevil, mildew, mould, heating and frost.
4. loss of life and/or personal injury and/or damage to other goods, other third party risks or indirect
and consequential losses
5. loss or damage arising from latent defect, or arising from faulty assembly or construction.
6. loss or damage resulting directly from mechanical, electrical or manual operation of the goods
insured for demonstration or other purposes
7. loss or damage to the goods insured in transit following the exhibition unless property packed and
packed to no lesser standard as the outward journey.
8. Loss, destruction or damage caused by war, invasion, act of foreign enemy hostilities or war like
operations (whether war be declared or not), civil war, mutiny, civil commotion assuming the
proportions of or amounting to a popular rising, military rising, rebellion, revolution,
insurrection or military or usurped power.
9. Loss, destruction or damage directly or indirectly caused to the goods and / or merchandise
Assured(s) by:
a. ionizing radiations or contamination by radioactivity from any nuclear fuel or from any
nuclear waste from the combustion of nuclear fuel.
b. the radioactive toxic, explosive or other hazardous properties of any explosive nuclear
assembly or nuclear component thereof.
The total liability of Insurers shall in no event exceed the amount insured of the machine or
manufactured item.
FOB Clauses
A. When loading is done directly from Wharf/Quay:
This insurance is extended to cover the interest insured until the goods are placed on board the ocean
going vessel or lash barges (including Sling Loss) or until expiry of two weeks after arrival of goods at
the place of storage at the port to and / or docks awaiting shipment, whichever shall first occur".
Shut out cargo is held covered subject to prompt notice and on terms, conditions and rates to be
agreed to by the Underwriters.
b.Risk of jettisoning may be covered in conjunction with Basic Cover as above in which event
the following Clause shall apply : "Including the risk of jettisoning due to stress of weather
only".
ii. Inland Transit Policy is subject to Inland Transit (Rail or Road) Clause-A, the Clause stated under
item (A) above only will apply.
Provided that in no case shall the liability of Underwriters exceed the insured value of the complete article.
This warranty would not apply where loss or damage has occurred whilst the goods are not in the custody
of the carriers.
Roadworthy Clause
Excluding loss or damage to the subject matter insured where such loss or damage is as a result of the
carrying vehicle not being a roadworthy condition.
Declaration Clause
To be agreed prior to prior to attachment of the risk.
It is a condition of this Policy that the Assured is bound to declare hereunder each and every shipment
or sending or risk without exception falling within the terms of this Policy whether arrived or not, the
Underwriters/Insurers being bound to accept same up to but not exceeding the limits specified herein.
Overloading Clause:
Warranted that the Vehicle will not carry any load in excess of that which it is constructed to carry and in
no case more than the legal requirement.
In ascertaining the amount of the claim recoverable hereunder, credit shall be given for any rebates or
refund of `Duty` which may become allowable.
This Insurance shall not be valid if effected after the arrival of the vessel at the destination port.
Warranted that:
1. This Policy is not assignable.
2. No claim shall be paid for `Duty` until the claim under the CIF Value Insurance Policy is payable
and proof of liability for loss under that policy shall be furnished to the Company. This provision
need not apply to cases where CIF is insured overseas due to contractual obligation.
3. This is not a “valued” policy as defined in the Marine Insurance Act, 1963. Claims under this policy
are payable on the basis of actual `Duty` paid or on the basis of the Sum Insured whichever is less.
4. In the event of a claim under this Policy, immediate notice of loss shall be given to the Company
and a reasonable opportunity given to the Company to survey and assess the loss. The Assured
shall co-operate with the Company and take all reasonable measures to minimise or prevent a loss.
The Assured shall also lodge a claim with the Customs Authorities within the stipulated time for
refund of `Duty` where admissible, and with the Carriers or others for recovery of the `Duty` paid in
respect of such damage or lost cargo and any recovery relating to the `Duty` paid shall be credited
to Company
i) Underwriters` liability is restricted to the reasonable cost of repair and no claim will attach
for depreciation consequent thereon.
j) Excluding end damages to books & periodicals.
k) Sentimental Losses
l) Existing damages/fault
m) Intentional Storage outside the ordinary course of transit.
n) Shortage from sound package and shortage from container/s delivered with intact seal.
o) Any kind Motor Vehicle.
This Policy is subject to following Clauses:
1. Pair & Set Clause
2. Second Hand Machinery Replacement Clause
3. Labels Clause
Shipments on deck with an under deck bill of lading are covered hereon on cover terms and conditions
including jettison washing and loss overboard. Other on deck shipments held covered at rates to be
agreed by Insurer.
Labels Clause
In case of damage from perils insured against affecting labels only the Underwriters liability shall be
limited to an amount sufficient to pay the cost re-conditioning, or cost of new labels and relabeling the
goods.
Brand and Trade Mark Clause
In the case of damage to goods insured bearing embossed or indented brands or other permanent
marking identifying the assured as the manufacturer, which carry or imply the guarantee of the assured
as the manufacturer, which carry or imply the guarantee of the assured then such damage shall be
treated as a constructive total loss.
This extension in cover shall only apply where it is not possible to remove the embossed or indented
brand or permanent marking and the assured is able to demonstrate to underwriters that sale of such
damaged goods will be detrimental to be Assured’s good name. Subject to prior agreement by
underwriters the assured shall dispose of the damaged goods to the best advantage or they shall be
destroyed in the presence of both a representative of underwriters and the assured.
affected items within the pair or set. All the articles constituting the pair or set shall, at Underwriters option,
become their property in the event that the Underwriters agree to pay the total loss of the pair or entire
set.
Cutting Clause
In the event of the Subject Matter Insured being damaged in such a way that it is practicable to use the
sound portion or portions for the purpose for which they were originally intended, this Policy shall only
pay for the damaged portion or portions.
Breach of the above warranty would entitle the Insurer to settle claims for a maximum of 75% of the
assessed loss OR deduct the maximum limit of liability of the respective carrier, recovery of which is
prejudiced, at the option of the insurer.
The existence of this insurance must not be disclosed to any third party.
All rights and benefits against the Seller and/or Sellers interest and/or Carriers and/or others are to be
subrogated to Underwriters.
Any assignment of this policy or of any interest or claim hereunder shall discharge underwriters from all
liability.
Seller's Interest Clause
In respect of those exports sold on F.O.B., C&F. or similar terms and where the Assured are not obliged
or instructed to arrange insurance hereunder, the following shall apply:
1. This insurance is to cover the interest of the Assured as seller of goods in respect of those
consignments sold on “free on board” and “cost and freight” or similar terms dispatched on or after
the commencement date appearing in the Policy.
2. This Policy covers physical loss of or damage to the cargo insured, subject to the terms and
conditions of the policy, to protect only the interest of the Insured mentioned therein. This insurance
is not assignable to any other person who may acquire insurable interest in respect of property
insured excepting a banker operating in India; any assignment other than as stated shall render the
policy void.
3. Warranted that the Insured shall not change the terms of the contract of sale relating to goods
insured hereunder subsequent to the operation of a peril insured against for the purpose of securing
indemnity under this policy.
4. Warranted that the insured shall safeguard all contractual and other right against the buyers,
carriers and other parties concerned with the transactions and transport of the goods covered
herein.
5. No claim shall be payable hereunder if either the named insured or the buyer of the insured goods
is entitled to indemnification under any other policy covering the same goods, which may be in
existence. Claims, if any, is payable in Indian currency only.
6. Warranted that the Assured must exercise all reasonable care and skill and take all practical
measures, including measures which may be required by the Insurers to prevent or minimize loss.
7. This policy does not cover the risks which could be covered or which are recoverable under trade
credit policy.
8. It is a condition of this Policy that the existence of this insurance is not to be disclosed to the buyer.
9. All rights and benefits against the buyer and /or the buyers` insurers` and/or carriers and/or other
persons are to be subrogated to Underwriters.
Returned Goods Clause
Subject-matter insured returned to manufacturers and/or suppliers and/or repairers and/or refurbishes
and/or Job Workers and computers, machines and other interests being sent to destinations Worldwide
for recalibration, reprogramming, testing, repair or similar process and/or for installation of software are
covered hereunder including the return shipments whilst in transit to premises anywhere in the World,
whilst there and then until finally redelivered to the Assured’s or other premises anywhere in the World
as required by the Assured on cover conditions.
This insurance is extended to cover Equipment which needs to be sent back to, and returned from,
manufacturers and/or repairers due to a problem occurring during the Construction Phase.
Packing Clause
In the event of a claim for physical loss or damage to the goods insured which is alleged to be caused
by insufficiency or unsuitability of packing or preparation of the goods, underwriters hereby agree that
they will not use such alleged insufficiency or unsuitability as a defence against the claim where the
packing or preparation was carried out by a party other than the named assured and/or their agents
and the insufficiency or unsuitability arose entirely without the named Assured’s privity or knowledge.
For the purpose of this clause "packing" shall be deemed to include stowage in a container and/or other
similar intermodal methods of unit load.
The assured agrees to assist underwriters in all respects to pursue rights of recovery against sellers
and/or carriers and/or other third parties as necessary.
In no case shall this insurance cover loss damage or expense arising from insolvency or financial default
of the owners, managers, charterers or operators of the vessel where the assured are unable 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 assured, their servants and agents, to establish the financial
reliability of the party in default.
Assured to pursue suppliers and/or other parties where evidence exists to show that loss occurred prior
to F.O.B. or similar. In the event that the assured is unable to recover from suppliers and/or other parties
then this policy to pay subject to the terms and conditions herein.
Underwriters are to be subrogated to the Assured’s rights of recourse against the suppliers or other
parties.
Foreign Currency
Privilege is granted the Assured to insure in foreign currencies.
The damaged goods shall be offered by Underwriters’ claims settling agents to the Insured and/or their
respective/s for disposal as the Insured shall see fit, up to 100% of the original proportionate insured
value.
Survey Fees
In the event of the Assured and/or consignee complying with the instructions contained in the policy or
on the certificates of insurance to call for a survey in respect of loss or damage which may result in a
claim hereunder, it is hereby understood and agreed that reasonable expenses incurred and fees
charged in respect of that survey are for Insurers’ account even though a claim may not subsequently
result thereunder, subject to prior notification being given to the Insurer.
Sorting Charges
It is agreed that in the event of the Assured and/or consignee complying with the surveyor’s instructions
to separate shipping packages showing signs of external damaged from the sound packages to
ascertain possible loss arising from a peril insured against, such expenses as approved by the surveyor
shall be for the account of Underwriters even though a claim may not subsequently result hereunder
providing such separation would not normally be necessary in the ordinary disposal of the goods.
This agreement is subject to such costs being approved and agreed by the surveyor called in by the
Assured and/or consignee to inspect the damaged goods in accordance with the “CLAIMS
SETTLEMENT INSTRUCTIONS” contained in the certificates of insurance issued hereunder.
Nominated Repairers
In respect of imports the Assured may stipulate the repairers to be used, where the repairs by any other
party would prejudice the rights of the assured in terms of the manufacturers’ guarantee, warranty or
similar proviso. The Company agrees to pay the reasonable costs of the repairers nominated by the
Assured.
Accumulation Clause
Should there be an accumulation of the subject matter insured whilst in transit beyond the conveyance
limits expressed in this insurance by reason of any interruption of the transit beyond the control of the
insured and/or by reason of any casualty and/or at a transhipping point and/or on a connecting vessel
or conveyance it is agreed that this insurance shall attach for the full amount at risk subject to insurers'
liability being limited to a maximum of 200% of the relevant conveyance limit provided notice is given
to insurers as soon as practicable by the insured of such accumulation.
Container Clause
Where cargo, insured hereunder, is carried in containers, it is agreed, as between the Insured and
Underwriters, that the seaworthiness and/or cargo worthiness of the container is hereby admitted.
This agreement shall not increase the Limits of Liability provided for elsewhere herein.
Policy is also extended to cover the return shipments to Supplier, OEM, Repairer, Job Workers etc.
Policy is also extended to Cover any combinations of shipments between Job Workers, offsite Location,
Supplier Location, Manufacture Locations, Intermediate Locations, Offsite Storage locations, Project
Site, repair location, fabricators etc & vice versa
Irrespective of terms of purchase cargo cover should be from the warehouse of the
seller/Supplier/Manufacturer etc
Cover extended to include any temporary storage (outside the ordinary course of transit) up to 120 days
as required, periods in excess of 120 days subject to prior declaration and additional premium if
required.
Deviation Clause
This insurance shall not be vitiated by any unintentional error in description of vessel, voyage or interest
or by deviation, over carriage, change of voyage, trans-shipment or any other interruption of the ordinary
course of transit from causes beyond the control of insured. It is agreed, however, that any such error,
deviation or other occurrence mentioned above shall be reported to the insurer/reinsurer as soon as
known to the insured’s global insurance cell. This policy shall pay for the demurrage, recall & difference
in original price and the salvage value, as applicable subject to the conditions that the carrier accepts
that there has been a deviation on account of any error or omission committed, non-acceptance of
goods by the consignee on account of the untimely delivery and insured having exercised its due control
to sell the material to the original consignee.
Escalation
In the event of escalation of aggregate value of property insured going up beyond the initially declared
sum insured for marine, the underwriters agree to cover such increases not exceeding 25%. It is further
understood that rate of additional premium for increase beyond 25% has to be agreed.
destination, the insurance continues until the goods are sold and delivered at such port or place; or, if
the goods be not sold but are forwarded to the original insured destination or to any other destination
this insurance continues until the goods have arrived at final warehouse as provided herein.
License Clause
This insurance is not to be prejudiced by any liberties, conditions, clauses, limitations, exceptions or
exemptions contained in bills of lading, charter parties, contracts of affreightment and/or other contracts
or agreements between the shipper and the carrier. Also, this insurance shall not be prejudiced by bills
of lading and/or bills of sale and/or invoices and/or other documents calling for delivery to or by the
Insured at a seaport, where the responsibility and/or insurable interest of the Insured attaches at or
continues to interior place or places.
Additionally, leave is granted to sail with or without pilots and to tow and assist vessels or craft in all
situations and to be towed. Furthermore, this contract is not to be prejudiced solely by reason of the
marking of any bill of lading (or similar document) with a clause indicating items insufficiently packed.
Bill Of Lading
The Assured is not to be prejudiced by the presence of the negligence clause and/or latent defect
clause in the Bills of Lading and/or Charter Party.
Both To Blame
In the event the Bills of Lading and/or Charter Party for merchandise insured hereunder contain the so-
called "Both to Blame Collision Clause" or similar clause, the Insurer(s) agree as to all losses covered
by this insurance, to indemnify the Assured for the amount which they are legally bound to pay the
shipowner under such clause, or would be legally bound to pay except for common ownership,
management, agency or other interest.
Expediting Cost
Where there is loss, damage, general average, salvage and/or special charges which are, or will be,
the subject of a claim under this policy, and the Insured considers it necessary to forward replacements
and/or replacement parts by means other than the means by which the original shipment was
dispatched, the insurer will pay the reasonable expediting costs so involved in addition to the underlying
claim.
Extra Expense
It is understood and agreed that where by reason of peril insured against under this insurance, extra
expenses are incurred to remove, destroy or otherwise dispose of the damaged goods, or where extra
expenses are incurred to discharge from the vessel and/or craft and/or conveyance or to forward
property to original or substitute final destination such expenses will be recoverable in full in addition to
the damage to the insured interest.
Nothing contained herein shall be construed to cover any clean-up expenses for which the Assured
may be liable under any pollution statute.
B. Increased Value
This insurance is to cover any difference between the value insured in this insurance furnished
by the supplier, receiver, shipper or carrier and the value which would have been declared in
accordance with valuation clauses herein. Also to cover such proportion of excess General
Average and/or Salvage Charges as shall not be recoverable under the policy furnished by the
shipper, but Insurer(s) shall not be liable for a greater proportion of such charges than the value
insured hereunder (less a Particular Average for which Insurer(s) are liable) bear to the
difference between the value insured under the policy provided by the shipper or carrier and
the contributory value or to the total value insured against excesses if the total value insured
against excesses exceeds such difference.
C. Contingency
In the event of failure to collect under the insurance arranged by the supplier, receiver, shipper
or carrier for loss and/or damage by perils insured against hereunder, the Insurer(s) agree to
advance to the Assured the amount of the recoverable loss such advance to be repayable only
to the amount collected under the original insurance. The Assured agrees to enforce their rights
under the original insurance at the expense and under the direction of the Insurer(s).
It is further noted and agreed that in respect of any items deemed by Underwriters hereon as requiring
Risk Management Surveys (either from a Physical Damage or DSU aspect), coverage hereunder shall
continue to be in force subject to the Assured obtaining written undertakings from the Supplier that the
provisions of the Survey Warranties contained herein are fully complied with.
This insurance on duty, excise taxes, collect freight, and/or increased value shall terminate at the end
of the transit movement covered under this insurance, but nothing contained in these clauses shall alter
or affect coverage granted elsewhere in this insurance during the storage or transit subsequent thereto.
In the case where the original goods were supplied on a Duty exempt or Duty Reduced basis this
insurance shall pay claims including Duty payable on the replacement, provided that the Assured can
demonstrate that the replaced goods would not benefit from Duty exemption or reduction.
Seaworthiness Admitted
The seaworthiness of the vessel, craft and/or conveyance as between the Assured and Insurer(s) is
hereby admitted. In the event of loss, the Assured's right of recovery hereunder shall not be prejudiced
by the fact that the loss may have been attributable to the wrongful act or misconduct of the shipowners,
or their servants, committed without the privity of the Assured. Leave is granted to sail with or without
pilots and to tow and assist vessels or craft in all situations and to be towed.
Non-Vitiation Clause
The Insurance policy extends to Non-Vitiation Clause as per following wording: -
Notwithstanding anything to the contrary contained in this Policy, as the various parties comprising the
Insured operate as separate and distinct entitles, the rights of each of the parties in all respects shall
(notwithstanding anything contained or implied herein to the contrary) be treated as though each of the
parties had separate policies for their respective rights and interests and the rights and indemnities of
any of the parties who are not guilty of any fraud, misrepresentation, non-disclosure or breach of
condition or warranty shall not be prejudiced or affected by any fraud, misrepresentation, non-disclosure
or breach of condition or warranty by any of the other parties comprising the Insured.
No Control Clause
This Policy shall not be affected by failure of the Insured to comply with any provisions of this Policy
(including the warranties or Conditions endorsed hereon) in any portion of the premises over which the
Insured has no control.
Notice Of Loss
As soon as practicable, written notice of loss which is likely to involve this insurance shall be
given by the Assured (Principal) to Insurer hereon, any delay which is beyond the control of Information
of respective Insurance department of Assured (Principal) should not constructed as delayed intimation.
Renewal
The Company is not bound to accept any renewal premium or give notice that renewal is due. Under
normal circumstances, renewal will not be refused except on the grounds of moral hazard,
misrepresentation or fraud of the Insured.
The renewal premium shall be as per the rates approved by the Insurance Regulatory and Development
Authority of India (“IRDAI”) on the date of renewal for this product.
It is the duty of he assured and their agents, in all cases, to take such measures as may be reasonable
for the purpose of averting or minimizing a loss and to ensure that all rights against carriers, bailees or
other third parties are properly preserved and exercised. in particular, the assured or their agents are
required:-
1. To claim immediately on the carriers, Port Authorities or other Bailees for any missing packages.
2. In no circumstances, except under written protest, to give clean receipts where goods are in
doubtful condition.
3. When delivery is made by Container, to ensure that the Container and its seals are examined
immediately by their responsible official. If the Container is delivered damaged or with seals
broken or missing or with seals other than those as stated in the shipping documents, to clause
the delivery receipt accordingly and retain all defective or irregular seals for subsequent
identification.
4. To apply immediately for survey by Carriers' or other Bailees' Representatives if any loss or
damage be apparent and claim on the Carriers or other bailees for any actual loss or damage
found at such survey.
5. To give notice in writing to the Carriers or other Bailees within three(3) days of Delivery if the loss
or damage was not apparent at the time of taking delivery.
NOTE: The Consignees or their Agents are recommended to make themselves familiar with the
Regulations of the Port Authorities at the port of discharge.
6. Any Claim under this Insurance should be submitted without delay, accompanied by all
correspondence with Carriers' and other parties regarding their liability.
Documentation of Claims
To enable claims to be dealt with promptly, the Assured or their Agents are advised to submit all available
supporting documents without delay,including, when, applicable:-
1. Original policy or certificate of insurance.
2. Original or copy of the shipping invoices, together with shipping specifications and/or Weightment
Notes.
3. Original Bill of Lading and/or other contract of carriage.
4. Survey report and other documentary evidence to show the extent of the loss or damage.
5. Landing Remarks and Weightment Notes at final destination.
6. Correspondence exchanged with the Carriers and other parties regarding their liability for the loss
or damage.
Cancellation Clause
This contract may be cancelled by either the Company or the Assured giving 30 days notice in writing
to take effect from the midnight of the date of notice but risks covered by Institute War Clauses may be
cancelled at seven days notice and risks covered by the Institute Strikes Clauses/Strikes, Commotion
Clause-Inland Transit may be cancelled at seven days notice, or at forty-eight hours notice in respect
of shipments to or from the United States of America. Notice shall commence from midnight of the day
when it is received but cancellation shall not apply to any risks which have attached in accordance with
the cover granted hereunder before the cancellation becomes effective.
The Company may terminate the contract on grounds of misrepresentation, fraud, non-disclosure or
non-cooperation by the Assured by giving notice as mentioned in the above paragraph and there would
be no refund of premium.
Contribution Clause
Where the assured is over-insured by double insurance, each insurer is bound, as between himself and
the other insurers, to contribute rateably to the loss in proportion to the amount for which he is liable
under his contract. If any insurer pays more than his proportion of the loss, he is entitled to maintain a
suit for contribution against the other insurers, and is entitled to the like remedies as a surety who has
paid more than his proportion of the debt.
Grievances
The Company is committed to extend the best possible services to its customers. However, if you are not
satisfied with our services and wish to lodge a complaint, please feel free to call our 24X7 Toll free number
1800-258-5956 or you may email to the customer service desk at [email protected]. After investigating
the matter internally and subsequent closure, we will send our response.
Senior Citizens can now contact us on 1800-258-5956 or write to us at [email protected]
If you do not get a satisfactory response from us and you wish to pursue other avenues for redressal of
grievances, you may approach Insurance Ombudsman appointed by IRDAI under the Insurance
Ombudsman Scheme.
Jurisdiction of Office
Office Location Contact Details
(Union Territory,District)
Office o f the Insurance Ombudsman, Jeevan P rakash B uilding, 6th flo o r,Tilak M arg,
A HM EDA B A D Relief Ro ad,A hmedabad – 380 001. Gujarat, Dadra & Nagar Haveli, Daman and Diu
Tel.: 079 - 25501201/02/05/06 , Email: bimalo [email protected] .in
Office o f the Insurance Ombudsman,Jeevan So udha B uilding,P ID No . 57-27-N-19,Gro und
B ENGA LURU Flo o r, 19/19, 24th M ain Ro ad,JP Nagar, Ist P hase,B engaluru – 560 078.
Tel.: 080 - 26652048 / 26652049 , Email: bimalo [email protected] .in Karnataka
Office o f the Insurance Ombudsman,Janak Vihar Co mplex, 2nd Flo o r, 6, M alviya Nagar, Opp.
A irtel Office,
B HOP A L
Near New M arket,B ho pal – 462 003.
Tel.: 0755 - 2769201/ 2769202 , Fax: 0755 - 2769203 ,Email: bimalo kpal.bho [email protected] .in M adhya P radesh,Chattisgarh
Office o f the Insurance Ombudsman, 62, Fo rest park, B hubneshwar – 751009.
B HUB A NESHWA R Tel.: 0674 - 2596461/2596455 , Fax: 0674 - 2596429 , Email:
bimalo [email protected] .in Orissa
Office o f the Insurance Ombudsman,S.C.O. No . 101, 102 & 103, 2nd Flo o r,B atra B uilding,
CHA NDIGA RH Secto r 17 – D,Chandigarh – 160 017. P unjab,Haryana,Himachal P radesh,Jammu &
Tel.: 0172 - 2706196 / 2706468 , Fax: 0172 - 2708274 , Email: bimalo [email protected] .in Kashmir,Chandigarh
Office o f the Insurance Ombudsman,Fatima A khtar Co urt, 4th Flo o r, 453,A nna Salai, Tamil Nadu,P o ndicherry To wn and Karaikal (which are
CHENNA I Teynampet,CHENNA I – 600 018. part o f P o ndicherry).
Tel.: 044 - 24333668 / 24335284 , Fax: 044 - 24333664 , Email: bimalo [email protected] .in
Office o f the Insurance Ombudsman, 2/2 A , Universal Insurance B uilding, A saf A li Ro ad, New
Delhi – 110 002.
DELHI
Tel.: 011- 23239633 / 23237532 , Fax: 011- 23230858
Email: bimalo [email protected] .in Delhi.
Office o f the Insurance Ombudsman,Jeevan Nivesh, 5th Flo o r,Nr. P anbazar o ver bridge,
S.S.Ro ad,
GUWA HA TI A ssam,M eghalaya,M anipur,M izo ram,A runachal
Guwahati – 781001(A SSA M ).
Tel.: 0361- 2132204 / 2132205 , Fax: 0361- 2732937 , Email: bimalo [email protected] .in P radesh,Nagaland and Tripura.
Office o f the Insurance Ombudsman,6-2-46, 1st flo o r, "M o in Co urt" ,Lane Opp. Saleem
HYDERA B A D Functio n P alace, A . C. Guards, Lakdi-Ka-P o o l,Hyderabad - 500 004. A ndhra P radesh,Telangana,Yanam and part o f Territo ry
Tel.: 040 - 65504123 / 23312122 , Fax: 040 - 23376599 , Email: bimalo [email protected] .in o f P o ndicherry.
Office o f the Insurance Ombudsman,Jeevan Nidhi – II B ldg., Gr. Flo o r,B hawani Singh M arg,
JA IP UR Jaipur - 302 005.
Tel.: 0141- 2740363 , Email: B imalo [email protected] .in Rajasthan.
Office o f the Insurance Ombudsman,2nd Flo o r, P ulinat B ldg.,Opp. Co chin Shipyard, M . G.
Ro ad,
ERNA KULA M Ernakulam - 682 015.
Tel.: 0484 - 2358759 / 2359338 , Fax: 0484 - 2359336 , Email:
bimalo [email protected] .in Kerala,Lakshadweep,M ahe-a part o f P o ndicherry.
Office o f the Insurance Ombudsman, Hindustan B ldg. A nnexe, 4th Flo o r, 4, C.R. A venue,
KOLKA TA KOLKA TA - 700 072.
Tel.: 033 - 22124339 / 22124340 , Fax : 033 - 22124341, Email: bimalo kpal.ko [email protected] .in West B engal,Sikkim,A ndaman & Nico bar Islands.
Office o f the Insurance Ombudsman, 1st Flo o r,Kalpana A rcade B uilding, B azar Samiti Ro ad,
P A TNA B ahadurpur, P atna 800 006.
Tel.: 0612-2680952 , Email: bimalo [email protected] .in B ihar,Jharkhand.
Office o f the Insurance Ombudsman,Jeevan Darshan B ldg., 3rd Flo o r,C.T.S. No .s. 195 to 198,
P UNE N.C. Kelkar Ro ad, Narayan P eth,P une – 411030. M aharashtra,A rea o f Navi M umbai and Thaneexcluding
Tel.: 020-41312555 , Email: bimalo [email protected] .in M umbai M etro po litan Regio n.
Note:
GOVERNING BODY OF INSURANCE COUNCIL,3rd Floor, Jeevan Seva Annexe, S. V. Road, Santacruz
(W), Mumbai -400 054.Tel.: 022 - 26106889/671/980, Fax: 022 - 26106949, Email: [email protected]