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OCEAN MARINE CARGO INSURANCE CLAUSES

信息来源:wenju.biz  时间:2007-10-08  浏览次数:199

  OCEAN MARINE CARGO INSURANCE CLAUSES
  I. Scope of CoverThis insurance is classified into the following three Conditions ----Free From Particular Average (F. P. A. ), With Average (W. A.) and AllRisks. Where the goods insured hereunder sustain loss or damage, theCompany shall undertake to indemnify therefor according to the InsuredCondition specified in the Policy and the Provisions of these Clauses:
  1. Free From Particular Average (F.P.A)This insurance covers:
  (1) Total or Constructive Total Loss of the whole consignment herebyinsured caused in the course of transit by natural calamities ----- heavyweather, lightning, tsunami, earthquake and flood. In case a constructivetotal loss is claimed for, the Insured shall abandon to the Company thedamaged goods and all his rights and title pertaining thereto. The goodson each lighter to or from the seagoing vessel shall be deemed a separaterisk."Constructive Total Loss" refers to the loss where an actual totalloss appears to be unavoidable or the cost to be incurred in recovering orreconditioning the goods together with the forwarding cost to thedestination named in the Policy would exceed their value on arrival.
  (2) Total or Partial Loss caused by accidents ----- the carryingconveyance being grounded, stranded, sunk or in collision with floatingice or other objects as fire or explosion.
  (3) Partial loss of the insured goods attributable to heavy weather,lightning and/or tsunami, where the conveyance has been grounded,stranded, sunk or burnt, irrespective of whether the event or events tookplace before or after such accidents.
  (4) Partial or total loss consequent on falling of entire package orpackages into sea during loading, transhipment or discharge.
  (5) Reasonable cost incurred by the Insured in salvaging the goods oraverting or minimizing a loss recoverable under the Policy, provided thatsuch cost shall not exceed the sum Insured of the consignment so saved.
  (6) Losses attributable to discharge of the insured goods at a port ofdistress following a sea peril as well as special charges arising fromloading, warehousing and forwarding of the goods at an intermediate portof call or refuge.
  (7) Sacrifice in and Contribution to Genera Average and SalvageCharges.
  (8) Such proportion of losses sustained by the shipowners as is to bereimbursed by the Cargo Owner under the Contract of Affreightment "Both toBlame Collision" clause.
  2. With Average (W.A.)Aside from the risks covered under F. P. A. condition as above, thisinsurance also covers partial losses of the insured goods caused by heavyweather, lightning, tsunami, earthquake and/or flood.
  3. All RisksAside from the risks covered under the F. P. A. and W. A. conditionsas above, this insurance also covers all risks of loss of or damage to theinsured goods whether partial or total, arising from external causes inthe course of transit.
  II. Exclusions
  This Insurance does not cover:
  1. Loss or damage caused by the intentional act or fault of theInsured.
  2. Loss or damage falling under the liability of the consignor.
  3. Loss or damage arising from the inferior quality or shortage of theinsured goods prior to the attachment of this insurance.
  4. Loss or damage arising from normal loss, inherent vice or nature ofthe insured goods, loss of market and/or delay in transit and any expensesarising therefrom.
  5. Risks and liabilities covered and excluded by the Ocean MarineCargo War Risks Clauses and Strike, Riot and Civil Commotion Clauses ofthis Company.
  III. Commencement and Termination of Cover
  1. Warehouse to Warehouse Clause:
  This insurance attaches from the time the goods hereby insured leavethe warehouse or place of storage named in the Policy for the commencementof the transit and continues in force in the ordinary course of transitincluding sea, land and inland waterway transits and transit in lighteruntil the insured goods are delivered to the consignee’s final warehouseor place of storage at the destination named in the Policy or to any otherplace used by the Insured for allocation or distribution of the goods orfor storage other than in the ordinary course of transit. This insuranceshall, however, be limited to sixty (60) days after completion ofdischarge of the insured goods from the seagoing vessel at the final portof discharge before they reach the above mentioned warehouse or place ofstorage. If prior to the expiry of the above mentioned sixty (60) days,the insured goods are to be forwarded to a destination other than thatnamed in the Policy, this insurance shall terminate at the commencement ofsuch transit.
  2. If, owing to delay, deviation, forced discharge, reshipment ortranshipment beyond the control of the Insured or any change ortermination of the voyage arising from the exercise of a liberty grantedto the shipowners under the contract of affreightment, the insured goodsarrive at a port or place other than that named in the Policy, subject toimmediate notice being given to the Company by the Insured and anadditional premium being paid, if required, this insurance shall remain inforce and shall terminate as hereunder:
  (1) If the insured goods are sold at port or place not named in thePolicy, this insurance shall terminate on delivery of the goods sold, butin no event shall this insurance extend beyond sixty (60) days aftercompletion of discharge of the insured goods from the carrying vessel atsuch port or place.
  (2) If the insured goods are to be forwarded to the final destinationnamed in the Policy or any other destination, this insurance shallterminate in accordance with Section 1 above.
  IV. Duty of the Insured
  It is the duty of the Insured to attend to all matters as specifiedhereunder, failing which the Company reserves the right to reject hisclaim for any loss if and when such failure prejudice the rights of theCompany:
  1. The Insured shall take delivery of the insured goods in good timeupon their arrival at the port of destination named in the Policy. In theevent of any damage to the goods, the Insured shall immediately apply forsurvey to the survey and/or settling agent stipulated in the Policy. Ifthe insured goods are found short in entire package or packages or to showapparent traces of damage, the Insured shall obtain from the carrier,bailee or other relevant authorities (Customs and Port Authorities etc.)certificate of loss or damage and/or shortlanded memo. Should the carrier,bailee or the other relevant authorities be responsible for such shortageor damage, the Insured shall lodge a claim with them in writing and, ifnecessary, obtain their confirmation of an extension of the time limit ofvalidity of such claim.
  2. The Insured shall, and the Company may also, take reaconablemeasures immediately in salvaging the goods or prevention or minimizing aloss or damage thereto. The measures so taken by the Insured or by theCompany shall not be considered respectively, as a waiver of abandonmenthereunder, or as an acceptance thereof.
  3. In case of a change of voyage or any omission or error in thedescription of the interest, the name of the vessel or voyage, thisinsurance shall remain in force only upon prompt notice to this Companywhen the Insured becomes aware of the same and payment of an additionalpremium if required.
  4. The following documents should accompany any claim hereunder madeagainst this Company:Original Policy, Bill of Lading. Invoice, Packing List, Tally Sheet,Weight Memo, Certificate of Loss or Damage and/or Shortland Memo, SurveyReport, Statement of Claim.If any third party is involved, documents relative to pursuing ofrecovery from such party should also be included.
  5. Immediate notice should be given to the Company when the CargoOwner’s actual responsibility under the contract of affreightment "Both toBlame Collision" clause becomes known.
  V. The Time of Validity of a Claim
  The time of validity of a claim under this insurance shall not exceeda period of two years counting from the time of completion of discharge ofthe insured goods from the seagoing vessel at the final port of discharge.
  MARINE CARGO TRANSPORTATION INSURANCE POLICY
  Invoice No. Policy No.This policy of Insurance witnesses that the Insurance Company(hereinafter called "The Company"), at the Request of ___________________(hereinafter called the "Insured") and in consideration of the agreedpremium being paid to the company by the Insured, undertakes to insure theundermentioned goods in transportation subject to the conditions of thispolicy as per the Clauses printed overleaf and other special Clausesattached hereon.
  Marks & Nos.QuantityDescription of GoodsAmount InsuredTotal Amount Insured _________________Premium as arranged-----------Rate as arranged-----------Perconveyance S. S. __________Slg. on or abt.________ from ________ to ________Conditions ________Claims, if any, payable on surrender of this Policy together withother relevant documents. In the event of accident whereby loss or damagemay result in a claim under this Policy immediate notice applying forsurvey must be given to the Company’s Agent as mentioned hereunder.______ Insurance CompanyClaim payable at __________________Address of Issuing Office _________________BUSINESS DEPARTMENT Our Contract Template Database is complied in accordance with laws of P.R.China.This English document is translated according to its Chinese version. In case of discrepancy, the original version in Chinese shall prevail.
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