icc_chn

RISKS COVERED

1. This insurance covers, except as provided in 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

 

2. This insurance covers general average and salvage charges, adjusted or determined according to the contract of affreightment and/or the governing law and practice, incurred to avoid or in connection with the avoidance of loss from any cause except those excluded in Clauses 4,5,6 and 7 or elsewhere in this insurance.

 

3. This insurance is extended to indemnify the Assured against such proportion of liability under the contract of affreightment "Both to Blame Collision" Clause as is in respect of a loss recoverable hereunder. In the event of any claim by shipowners under the said Clause the Assured agree to notify the Underwriters who shall have the right, at their own cost and expense, to defend the Assured against such claim.

EXCLUSIONS

4. In no case shall this insurance cover

  4.1 loss damage or expense attributable to willful 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 (for the purpose of this Clause 4.3 "packing" shall be deemed to include stowage in a

  container   or liftvan but only when such stowage is carried out prior to attachment of this insurance or by

  the Assured or their servants)

  4.4 loss damage or expense caused by inherent vice or nature of the subject-matter insured

  4.5 loss damage or expense proximately caused by delay, even though the delay be caused by a risk

  insured against (except expenses payable under Clause 2 above)

  4.6 loss damage or expense arising from insolvency or financial default of the owners managers charterers

  or operators of the vessel

  4.7 loss damage or expense arising from the use of any weapon of war employing atomic or nuclear fission

  and/or fusion or other like reaction or radioactive force or matter.

   5.5.1 In no case shall this insurance cover loss damage or expense arising from unseaworthiness of vessel

  or craft, unfitness of vessel craft conveyance container or liftvan for the safe carriage of  the subject-matter

  insured, where the Assured or their servants are privy to such eaworthiness or unfitness, at the time the

  subject-matter insured is loaded therein.

  5.2 The Underwriters waive any breach of the implied warranties of seaworthiness of the ship and fitness of

  the ship to carry the subject-matter insured to destination, unless the Assured or their servants are privy to

  such unseaworthiness of unfiness.

 

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 aristing therefrom,or any hostileact by or against

  a belligerent powe

  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.

 

7. In no case shall this insurance cover loss damage or expense

   7.1 caused by strikers, locked-out workman, 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 terrorist or any person acting from a political motive.

DURATION

8.8.1 This insurance attaches from the time the goods leave the warehouse or place of storage at  the

  place named herein for the commencement of the transit, continues during the ordinary course of transit

  and terminates either

  8.1.1 on delivery to the Consignees' or other final warehouse or place of storage at the destination named herein,

  8.1.2 on delivery to any other warehouse or place of storage, whether prior to or at the destination named

  herein, which the Assured elect to use either

  8.1.2.1 for storage other than in the ordinary course of transit or

  8.1.2.2 for allocation or distribution, or

  8.1.3. on the expiry of 60 days after completion of discharge overside of the goods hereby insured from

  the oversea vessel at the final port of discharge, whichever shall first occur.

  8.2 If, after discharge overside from the oversea vessel at the final port of discharge, but prior to

  termination of this insurance, the goods are to be forwarded to a destination other than that to which they

  are insured hereunder, this insurance, whilst remaining subject to termination as provided for above, shall

  not extend beyond the commencement of transit to such other destination.

  8.3 This insurance shall remain in force (subject to termination as provided for above and to the provisions

  of Clause 9 below) during delay beyond the control of the Assured, any deviation, forced discharge,

  reshipment or transhipment and during any variation of the adventure arising from the exercise of a liberty

  granted to shipowners or charterers under the contract of affreightment.

 

9. If owing to circumstances beyond the control of the Assured either the contract of carriage is terminated at

  a port or place other than the destination named therein or the transit is otherwise terminated before delivery

  of the goods as provided for in Clause 8 above, then this insurance shall also terminate unless prompt notice

  is given to the Underwriters and continuation of cover is requested when the insurance shall remain in

  force, subject to an additional premium if required by the Underwriters, either

  9.1 until the goods are sold and delivered at such port or place, or, unless otherwise specially agreed, until

  the  expiry of 60 days after arrival or the goods hereby insured at such port of place, whichever shall first

  occur, or

  9.2 if the goods are forwarded within the said period of 60 days(or any agreed extension thereof) to the

  destination named herein or to any other destination, until terminated in accordance with the provisions of

  Clause 8 above.

 

10. Where, after attachment of this insurance, the destination is changed by the Assured, held  covered at

  a premium and on conditions to be arranged subject to prompt notice being given to the Underwriters.

CLAIMS

11.11.1 In order to recover under this insurance the Assured must have an insurable interest in the

  subject- matter insured at the time of the loss.

  11.2 Subject to 11.1 above, the Assured shall be entitled to recover for insured loss occurring during the

  period  covered by this insurance, notwithstanding that the loss occurred before the contract of insurance

  was concluded, unless the Assured were aware of the loss and the Underwriters were not.

 

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 is covered under this insurance, the Underwriters

  will reimburse the Assured for any extra charges properly and reasonably incurred in unloading storing

  and  forwarding the subject-matter to the destination to which it isinsured hereunder. This clause 12, which

  does not apply to general average or salvage charges, shall be subject to the exclusions contained in

  Clauses 4,5,6 and 7 above, and shall not include charges arising from the fault negligence insolvency or

  financial default of the Assured or their servants.

 

13. No claim for Constructive Total Loss shall be recoverable hereunder unless the subject-matter insured is

  reasonably abandoned either on account of its actual total loss appearing to be unavoidable or because the

  cost of recovering,reconditioning and forwarding the subject-matter to the destination to which it is insured

  would exceed its value on arrival.

 

14.14.1 If any Increased Value insurance is effected by the Assured on the cargo insured herein the agreed

  value of the cargo shall be deemed to be increased to the total amount insured under this shall be in such

  proportion as the sum insured herein bears to such total amount insured.

  In the event of claim the Assured shall provide the Underwriters with evidence of the amounts insured under

  all other insurances.

14.2 Where this insurance is on Increased Value the following clause shall apply: The agreed value of the

  cargo shall be deemed to be equal to the total amount insured under the primary insurance and all Increased

  Value insurances covering the loss and effected on the cargo by the Assured, and liability under this insurance

  shall be in such proportion as the sum insured herein bears to such total amount insured. In the event of claim

  the Assured shall provide the Underwriters with evidence of the amounts insured under all other insurances.

BENEFIT OF INSURANCE

15. This insurance shall not inure to the benefit of the carrier or other bailee.

MINIMISING LOSSES

16. It is the duty of the Assured and their servants and agents in respect of loss recoverable hereunder

  16.1 to take such measures as may be reasonable for the purpose of averting or minimising such loss, and

  16.2 to ensure that all right against carriers, bailees or other third parties are properly preserved and

  exercised and the Underwriters will, in addition to any loss recoverable hereunder, reimburse the Assured for

  any charges properly and reasonably incurred in pursuance of these duties.

 

17. Measures taken by the Assured or the Underwriters with the object of saving, protecting or recovering

  the subject-matter insured shall not be considered as a waiver or acceptance of abandonment or

  otherwise prejudice the rights of either party.

AVOIDANCE OF DELAY

18. It is a condition of this insurance that the Assured shall act with reasonable despatch-in all circumstances

  within their control.

INSTITUTE CARGO CLAUSES (AIR) (excluding sendings by post)

RISKS COVERED

1. This insurance covers all risks of loss of or damage to the subject-matter insured except as provided in

  Clauses 2,3 and 4 below.

EXCLUSIONS

2. In no case shall this insurance cover

  2.1 loss damage or expense attributable to willful misconduct of the Assured

  2.2 ordinary leakage, ordinary loss in weight or volume, or ordinary wear and tear of the subject-matter insured

  2.3 loss damage or expense caused by insufficiency or unsuitability of packing or preparation of the

  subject-matter insured (for the purpose of this Clause 2.3 "packing" shall be deemed to include stowage in

  a container or liftvan but only when such stowage is carried out prior to attachment of this insurance or by

  the Assured or their servants)

  2.4 loss damage or expense caused by inherent vice or nature of the subject-matter insured

  2.5 loss damage or expense arising from unfitness of aircraft conveyance container or liftvan for the safe

  carriage of the subject-matter insured, where the Assured or their servants are privy to such unfitness at the

  time the subject-matter insured is loaded therein

  2.6 loss damage or expense proximately caused by delay, even though the delay be caused by a risk

  insured against

  2.7 loss damage or expense arising from insolvency or financial default of the owners managers charterers

  or operators of the aircraft

  2.8 loss damage or expense arising from the use of any weapon of war employing atomic or nuclear fission

  and/or fusion or other like reaction or radioactive force or matter.

 

3. In no case shall this insurance cover loss damage or expense caused by

  3.1 war civil war revolution rebellion insurrection, or civil strife aristing therefrom, or any hostile act by or

  against a belligerent power

  3.2 capture seizure arrest restraint or detainment, and the consequences thereof or any attempt thereat

  3.3 derelict mines torpedoes bombs or other derelict weapons of war.

 

4. In no case shall this insurance cover loss damage or expense

   4.1 caused by strikers, locked-out workman, or persons taking part in labour disturbances, riots  or civil commotions

  4.2 resulting from strikes, lock-outs, labour disturbances, riots or civil commotions

  4.3 caused by any terrorist or any person acting from a political motive.

DURATION

5.5.1 This insurance attaches from the time the goods leave the warehouse or place of storage at  the place

  named herein for the commencement of the transit, continues during the ordinary course of transit and

  terminates either

  5.1.1 on delivery to the Consignees' or other final warehouse or place of storage at the destination named herein,

  5.1.2 on delivery to any other warehouse or place of storage, whether prior to or at the destination named herein,

  which the Assured elect to use either

  5.1.2.1 for storage other than in the ordinary course of transit or

  5.1.2.2 for allocation or distribution, or

  5.1.3. on the expiry of 30 days after unloading the subject-matter insured from the aircraft at the final place

  of discharge, whichever shall first occur.

  5.2 If, after unloading from aircraft at the final port of discharge, but prior to termination of this insurance,

  the goods are to be forwarded to a destination other than that to which they are  insured hereunder, this

  insurance, whilst remaining subject to termination asprovided for above,shall not extend beyond

  the commencement of transit to such other destination.

  5.3 This insurance shall remain in force (subject to termination as provided for above and to the provisions

  of Clause 6 below) during delay beyond the control of the Assured, any deviation, forced discharge,

  reshipment or transhipment and during any variation of the adventure arising  from the exercise of a liberty

  granted to the air carriers under the contract of carriage.

 

6. If owing to circumstances beyond the control of the Assured either the contract of carriage is terminated at

  a port or place other than the destination named therein or the transit is otherwise terminated before delivery

  of the goods as provided for in Clause5 above, then this insurance shall also terminate unless prompt notice

  is given to the Underwriters and continuation of cover is requested when the insurance shall remain in

  force, subject to an additional premium if required by the Underwriters, either

  6.1 until the goods are sold and delivered at such port or place, or, unless otherwise specially agreed, until

  the expiry of 30 days after arrival or the goods hereby insured at such port of place, whichever shall first

  occur, or

  6.2 if the goods are forwarded within the said period of 30 days(or any agreed extensionthereof) to the

  destination named herein or to any other destination, until terminated in accordance with the provisions of

  Clause 5 above.

 

7. Where, after attachment of this insurance, the destination is changed by the Assured, held covered at a

  premium and on conditions to be arranged subject to prompt notice being given to the Underwriters.

CLAIMS

8.8.1 In order to recover under this insurance the Assured must have an insurable interest in the subject-

  matter insured at the time of the loss.

  8.2 Subject to 8.1 above, the Assured shall be entitled to recover for insured loss occurring during the

  period covered by this insurance, notwithstanding that the loss occurred before the contract of insurance

  was concluded, unless the Assured were aware of the loss and the Underwriters were not.

 

9. 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 is covered under this insurance, the Underwriters

  will reimburse the Assured for any extra charges properly and reasonably incurred in unloading storing

  and forwarding the subject-matter to the destination to which it is insured hereunder.

  This clause 9, which does not apply to general average or salvage charges, shall be subject to the

  exclusions contained in Clauses 2,3 and 4 above, and shall not include charges arising from the fault

  negligence insolvency or financial default of the Assured or their servants.

 

10. No claim for Constructive Total Loss shall be recoverable hereunder unless the subject-matter insured

  is reasonably abandoned either on account of its actual total loss appearing to be unavoidable or because

  the cost of recovering, reconditioning and forwarding the subject-matter to the destination to which it is

  insured would exceed its value on arrival.

 

11.11.1 If any Increased Value insurance is effected by the Assured on the cargo insured herein the agreed

  value of the cargo shall be deemed to be increased to the total amount insured under this shall be in such

  proportion as the sum insured herein bears to such total amount insured. In the event of claim the Assured

  shall provide the Underwriters with evidence of the amounts insured under all other insurances.

  11.2 Where this insurance is on Increased Value the following clause shall apply: The agreed value of the

  cargo shall be deemed to be equal to the total amount insured under the primary insurance and all

  Increased Value insurances covering the loss and effected on the cargo by the Assured, and liability under

  this insurance shall be in such proportion as the sum insured herein bears to such total amount insured.

  In the event of claim the Assured shall provide the Underwriters with evidence of the amounts insured under

  all other insurances.

BENEFIT OF INSURANCE

12. This insurance shall not inure to the benefit of the carrier or other bailee.

MINIMISING LOSSES

13. It is the duty of the Assured and their servants and agents in respect of loss recoverable hereunder

  13.1 to take such measures as may be reasonable for the purpose of averting or minimising such loss, and

  13.2 to ensure that all right against carriers, bailees or other third parties are properly preserved and

  exercised and the Underwriters will, in addition to any loss recoverable hereunder, reimburse the Assured for

  any charges properly and reasonably incurred in pursuance of these duties.

 

14. Measures taken by the Assured or the Underwriters with the object of saving, protecting or recovering

  the subject-matter insured shall not be considered as a waiver or acceptance of abandonment or

  otherwise prejudice the rights of either party.

AVOIDANCE OF DELAY

15. It is a condition of this insurance that the Assured shall act with reasonable espatch-in all circumstances

  within their control.

LAW AND PRACTICE

16. This insurance is subject to chnlish law and practice.

 

NOTE : It is necessary for the Assured when they become aware of an event which is "held covered"

under this insurance to give prompt notice to the Underwriters and the right to such cover is dependent upon compliance with this obligation.