GLOBAL
ALLIANCEMunichRe CAR&DSU Policy Form
SEGUROS-INSURANCE
Policy Wording
保险合同条款
Client Name: ANHUI FOREIGN ECONOMIC CONSTRUCTION SOCIEDADE
UNIPESSOAL,LIMITADA
客户名称
Policy NO: CARS115644
保单号:
Whereas the Insured named in the Schedule hereto has made to the
(hereinafter called the "Insurers") a written proposal by completing a questionnaire which together
with any other statements made in writing by the Insured for the purpose of this Policy is deemed to
be incorporated herein,
而被保险人的名字在附表所提出的(以下称之为“保险公司”)是一份书面提案,通过填写一
份调查问卷,并与被保险人以本保险为目的的任何其他陈述共同作出被合并,
而双方在日程安排中命名的被保险人已向 (以下简称"保险公司") 的书面的建议而
完成一份问卷,并以书面形式由被保险人为此政策的任何其他语句被认为是收纳在
本,现在这个政策,鉴于被保险人已向保险公司缴付的保险费提到日程和期限的保
险证人不适用情形、 条款和条件载或须先保险人将赔偿被保险人的方式及程度下
文另有规定
Now this Policy of insurance witnesses that subject to the Insured having paid to the Insurers the
premium mentioned in the Schedule and subject to the terms, exclusions, provisions and conditions
contained herein or endorsed hereon the Insurers will indemnify the Insured in the manner and to the
extent hereinafter provided.
General exclusions 一般
The Insurers will not indemnify the Insured in respect of loss, damage or liability directly or
indirectly caused by or arising out of or aggravated by
保险公司将不负责赔偿被保险人损失、 损坏或直接或间接引起的法律责任或引起
或加剧
a) war, invasion, act of foreign enemy, hostilities (whether war be declared or not), civil war,
rebellion, revolution, insurrection, mutiny, hot, strike, lockout, civil commotion, military or usurped
power, a group of malicious persons or persons acting on behalf of or in connection with any
political organization, conspiracy, confiscation, commandeering, requisition or destruction or
damage by order of any government de jure or de facto or by any public authority;
b) nuclear reaction, nuclear radiation or radioactive contamination:
c) wilful act or wilful negligence of the Insured or of his representatives;
d) cessation of work whether total or partial.
In any action, suit or other proceeding where the Insurers allege that by reason of the provisions of
Exclusion a) above any loss, destruction, damage or liability is not covered by this insurance the
burden of proving that such loss, destruction, damage or liability is covered shall be upon the
Insured.
Period of cover
The liability of the insurers shall commence, notwithstanding any date to the contrary specified in
the Schedule, directly upon commencement of work or after the unloading of the items entered in
the Schedule at the site. The Insurers' liability expires for parts of the insured contract works taken
over or put into service.
一般除外责任
现在这个保险人被保险人已支付的保险费计划的条款,提到排除,规定和条件并在此或批注
的保险公司将赔偿被保险人的方式,以下提供的程度。
保险公司将不负责赔偿的损失、损害或责任直接或间接导致或加重了
战争、入侵、外敌行为、敌对行为(无论是否宣战)、内战、叛乱、革命、起义、兵变、热,
罢工,停工,暴乱、军事政变或篡夺宝我们一群人恶意的人或代表或任何政治组织、阴谋、
没收、征用的连接,通过征用或毁坏或损坏,任何公共权力的政府的任何法律上或事实上或;
核反应,核辐射或放射性污染:
故意行为或疏忽被保险人或其代表;
停止工作,不论是全部或部分。
在任何诉讼,诉讼或其他程序,保险公司声称,通过对排斥的原因)以上规定的任何损失、
破坏、损害或责任不属于本保险证明该损失、破坏、损害或责任的证明责任,应在被保险人
身上。
覆盖期
保险人的责任,不论是否有违反附表中指明的日期,均须在工作开始后,或在卸货后的工作
开始时,均须在该项规定中的任何日期开始现场日程。保险合同中的部分被保险合同的责任
终止或投入使用。
At the latest the insurance shall expire on the date specified in the Schedule. Any extensions of the
period of insurance are subject to the prior written consent of the Insurers.
General conditions
1. The due observance and fulfilment of the terms of this Policy in so far as they relate to anything
to be done or complied with by the Insured and the truth of the statements and answers in the
questionnaire and proposal made by the Insured shall be a condition precedent to any liability of the
Insurers.
2. The Schedule and the Section(s) shall be deemed to be incorporated in and form part of this
Policy and the expression "this Policy" wherever used in this contract shall be read as including the
Schedule and the Section(s). Any word or expression to which a specific meaning has been attached
in any part of this Policy or of the Schedule or of the Section(s) shall bear such meaning wherever it
may appear.
3. The Insured shall at his own expense take all reasonable precautions and comply with all
reasonable recommendations of the Insurers to prevent loss, damage or liability and comply with
statutory requirements and manufacturers' recommendations.
4. a) Representatives of the Insurers shall at any reasonable time have the right to inspect and
examine the risk and the Insured shall provide the representatives of the Insurers with all details and
information necessary for the assessment of the risk.
b) The Insured shall immediately notify the Insurers by telegram and in writing of any material
change in the risk and cause at his own expense such additional precautions to be taken as
circumstances may require, and the scope of cover and/or premium shall, if necessary, be adjusted
accordingly.
No material alteration shall be made or admitted by the Insured whereby the risk is increased, unless
the continuance of the insurance is confirmed in writing by the insurers.
5. In the event of any occurrence which might give rise to a claim under this Policy, the Insured
shall
a) immediately notify the Insurers by telephone or telegram as well as in writing, giving an
indication as to the nature and extent of loss or damage:
b) take all steps within his power to minimize the extent of the loss or damage;
c) preserve the parts affected and make them available for inspection by a representative or
surveyor of the insurers;
d) furnish all such information and documentary evidence as the Insurers may require;
e) inform the police authorities in case of loss or damage due to theft or burglary.
m4
Al. ALLIANCE -SEGUROS
The Insurers shall not in any case be liable for loss, damage or liability of which no notice has been
received by the Insurers within 14 days of its occurrence.
Upon notification being given to the Insurers under this condition, the Insured may carry out the
repairs or replacement of any minor damage; in all other cases a representative of the Insurers shall
have the opportunity of inspecting the toss or damage before any repairs or alterations are effected.
If a representative of the Insurers does not carry out the inspection within a period of time which
could be considered adequate under the circumstances, the Insured is entitled to proceed with the
repairs or replacement.
The liability of the Insurers under this Policy in respect of any item sustaining damage shall cease if
said item is not repaired properly without delay.
6. The Insured shall at the expense of the Insurers do and concur in doing and permit to be done all
such acts and things as may be necessary or required by the Insurers in the interest of any rights or
remedies, or of obtaining relief or indemnity from parties (other than those insured under this Policy)
to which the insurers are or would become entitled or which is or would be subrogated to them upon
their paying for or making good any loss or damage under this Policy, whether such acts and things
are or become necessary or required before or after the Insured’s indemnification by the Insurers.
7. If any difference arises as to the amount to be paid under this Policy (liability being otherwise
admitted), such difference shall be referred to the decision of an arbitrator to be appointed in writing
by the parties in difference or, if they cannot agree upon a single arbitrator, to the decision of two
arbitrators, one to be appointed in writing by each of the parties within one calendar month after
having been required in writing so to do by either of the parties, or, in case the arbitrators do not
agree, of an umpire to be appointed in writing by the arbitrators before the latter enter upon the
reference. The umpire shall sit with the arbitrators and preside at their meetings. The making of an
award shall be a condition precedent to any right of action against the Insurers.
8. If a claim is in any respect fraudulent, or if any false declaration is made or used in support
thereof, or if any fraudulent means or devices are used by the Insured or anyone acting on his behalf
to obtain any benefit under this Policy, or if a claim is made and rejected and no action or suit is
commenced within three months after such rejection or, in the case of arbitration taking place as
provided herein, within three months after the arbitrator or arbitrators or umpire have made their
award, all benefit under this Policy shall be forfeited.
9. If at the time any claim arises under the Policy there is any other insurance covering the same loss,
damage or liability, the Insurers shall not be liable to pay or contribute more than their rateable
proportion of any claim for such loss, damage or liability.
Section 1 - Material damage
The Insurers hereby agree with the Insured that if at any time during the period of cover the items or
any part thereof entered in the Schedule shall suffer any unforeseen and sudden physical loss or
damage from any cause, other than those specifically excluded, in a manner necessitating repair or
replacement, the Insurers will indemnify the Insured in respect of such loss or damage as hereinafter
provided by payment in cash, replacement or repair (at their own option) up to an amount not
exceeding in respect of each of the items specified in the Schedule the sum set opposite thereto and
not exceeding in any one event the limit of indemnity where applicable and not exceeding in all the
total sum expressed in the Schedule as insured hereby.
Special exclusions to Section 1
The Insurers will also reimburse the Insured for the cost of clearance of debris following upon any
event giving rise to a claim under this Policy provided a separate sum therefor has been entered in
the Schedule.
The Insurers shall not, however, be liable for
a) the deductible stated in the Schedule to be borne by the Insured in any one occurrence;
b) consequential loss of any kind or description whatsoever including penalties, losses due to delay,
lack of performance, loss of contract:
c) loss or damage due to faulty design;
d) the cost of replacement, repair or rectification of defective material and/or workmanship, but this
exclusion shall be limited to the items immediately affected and shall not be deemed to exclude loss
of or damage to correctly executed items resulting from an accident due to such defective material
and/or workmanship:
e) wear and tear, corrosion, oxidation, deterioration due to lack of use and normal atmospheric
conditions:
f) loss or damage to construction plant, equipment and construction machinery due to electrical or
mechanical breakdown, failure, breakage or derangement, freezing of coolant or other fluid,
defective lubrication or lack of oil or coolant, but if as a consequence of such breakdown or
derangement an accident occurs causing external damage, such consequential damage shall be
indemnifiable:
g) loss of or damage to vehicles licensed for general road use or waterborne vessels or aircraft:
h) loss of or damage to files, drawings, accounts, bills, currency, stamps, deeds, evidences of debt,
notes, securities, cheques;
i) loss or damage discovered only at the time of taking an inventory.
(I^LOB^AILIANCE -SEGUROS
Provisions applying Memo 1 - Sums insured to Section 1
It is a requirement of this insurance that the sums insured stated in the Schedule shall not be less than
for item 1: the full value of the contract works at the completion of the construction, inclusive of all materials, wages, freight,
customs duties, dues, and materials or items supplied by the Principal:
for items 2 and 3: the replacement value of construction plant, equipment and machinery; which shall mean the cost of
replacement of the insured items by new items of the same kind and capacity:
and the insured undertakes to increase or decrease the amounts of insurance in the event of any material fluctuation in wages or
prices provided always that such increase or decrease shall take effect only after the same has been recorded in the Policy by the
Insurers.
If, in the event of loss or damage, it is found that the sums insured are less than the amounts required to be insured, then the
amount recoverable by the Insured under this Policy shall be reduced in such proportion as the sums insured bear to the amounts
required to be insured. Every object and cost item is subject to this condition separately.
Memo 2 - Basis of loss settlement
In the event of any loss or damage the basis of any settlement under this Policy shall be
a) in the case of damage which can be repaired - the cost of repairs necessary to restore the items to
their condition immediately before the occurrence of the damage less salvage, or
b) in the case of a total loss - the actual value of the items immediately before the occurrence of the
loss less salvage,
however, only to the extent the costs claimed had to be borne by the Insured and to the extent they are included in the sums
insured and provided always that the provisions and conditions have been complied with.
The insurers will make payments only after being satisfied by production of the necessary bills and documents that the repairs
have been effected or replacement has taken place, as the case may be. All damage which can be repaired shall be repaired, but if
the cost of repairing any damage equals or exceeds the value of the items immediately before the occurrence of the damage, the
settlement shall be made on the basis provided for in b) above.
The cost of any provisional repairs will be borne by the Insurers if such repairs constitute part of the final repairs and do not
increase the total repair expenses.
The cost of any alterations, additions and/or improvements shall not be recoverable under this Policy.
Memo 3 - Extension of cover
Extra charges for overtime, nightwork, work on public holidays, express freight are covered by this insurance only if previously
and specially agreed upon in writing.
Section 2 - Third party liability
The Insurers will indemnify the Insured up to but not exceeding the amounts specified in the Schedule against such sums which
the Insured shall become legally liable to pay as damages consequent upon
a) accidental bodily injury to or illness of third parties (whether fatal or not).
b) accidental loss of or damage to property belonging to third parties
occurring in direct connection with the construction or erection of the items insured under Section 1 and happening on or in the
immediate vicinity of the site during the period of cover.
In respect of a claim for compensation to which the indemnity provided herein applies, the Insurers will in addition indemnify the
Insured against
a) all costs and expenses of litigation recovered by any claimant from the Insured, and
b) all costs and expenses incurred with the written consent of the Insurers,
provided always that the liability of the Insurers under this Section shall not exceed the limits of indemnity stated in the
Schedule.
Special exclusions to Section 2
The Insurers will not indemnify the Insured in respect of
1. the deductible stated in the Schedule to be borne by the Insured in any one occurrence;
2. the expenditure incurred in doing or redoing or making good or repairing or replacing anything
covered or coverable under Section 1 of this Policy:
3. damage to any property or land or building caused by vibration or by the removal or weakening of
support or injury or damage to any person or property occasioned by or resulting from any such damage (unless especially agreed
upon by endorsement):
4. liability consequent upon
a) bodily injury to or illness of employees or workmen of the Contractor(s) or the Principal(s) or
any other firm connected with the project which or part of which is insured under Section 1, or members of their families:
b) loss of or damage to property belonging to or held in care, custody or control of the Contractor(s),
the Principal(s) or any other firm connected with the project which or part of which is insured under Section 1, or an employee or
workman of one of the aforesaid:
c) any accident caused by vehicles licensed for general road use or by waterborne vessels or aircraft:
d) any agreement by the Insured to pay any sum by way of indemnity or otherwise unless such liability would have attached also
in the absence of such agreement.
Special conditions applying to Section 2
1. No admission, offer, promise, payment or indemnity shall be made or given by or on behalf of the Insured without the written
consent of the Insurers who shall be entitled, if they so desire, to take over and conduct in the name of the Insured the defence or
settlement of any ciaim or to prosecute for their own benefit in the name of the Insured any claim for indemnity or damages or
otherwise and shall have full discretion in the conduct of any proceedings or in the settlement of any claim and the Insured shall
give all such information and assistance as the Insurers may require.
2. The Insurers may so far as any accident is concerned pay to the Insured the limit of indemnity for any one accident (but
deducting therefrom in such case any sum or sums already paid as compensation in respect thereof) or any lesser sum for which
the claim or claims arising from such accident can be settled and the Insurers shall thereafter be under no further liability in
respect of such accident under this Section.
Extensions
004-Extended maintenance cover
It is agreed and understood that otherwise subject to the terms, exclusions, provisions and conditions contained in the Policy or endorsed
thereon and subject to the Insured having paid the agreed extra premium, this insurance shall be extended for the maintenance period
specified hereunder to cover loss of or damage to the contract works
一 caused by the insured contractor(s) in the course of the operations carried out for the purpose of complying with the obligations under the
maintenance provisions of the contract,
-occurring during the maintenance period provided such loss or damage was caused on the site during the construction period before the
certificate of completion for the lost or damaged section was issued. Maintenance cover: from 1 Dec 2018, 00:00 to 30 Nov 2019,
24:00
2. Endorsement 013-Property in off-site storage
It is agreed and understood that, notwithstanding the terms, exclusions, provisions and conditions of the Policy or any Endorsements
agreed upon and subject to the Insured having paid the agreed extra premium, Section 1 of the Policy shall be extended to cover loss of or
damage to property insured (except property being manufactured, processed or stored at the manufacturer's, distributor's or supplier's
premises) in off-site storage within the territorial limits as stated below.
The Insurers shall not indemnify the Insured for loss or damage caused by the failure to take generally accepted loss prevention measures
for warehouses or storage units. Such measures shall include, in particular:
-ensuring that the storage area is enclosed (either a building or at least fenced in), guarded, protected against fire, as appropriate for the
particular location or type of property stored;
-separating the storage units by fire-proof walls or by a distance of at least 50 metres;
一 positioning and designing the storage units in such a way as to prevent damage by accumulating water or flooding due to rainfall or by a
flood with a statistical return period of less than 20 years:
-limiting the value per storage unit.
Territorial limits of: Mozambique Maximum value per storage unit: USD 3 mil.
Limit of indemnity (any one occurrence): USD 3 aggregate 3- MR1269-Marine 50/50 Loss Sharing
This endorsement forms part of Section 1a yes no Section 1 b yes no
and is subject otherwise to the terms, provisions, conditions and exclusions contained in the policy of insurance or endorsed thereon.
(l)Condition
. The insured shall inspect each item of property insured upon unloading at the site or off-site storage site for possible loss or damage.
. In the event that property insured is to be left in its packaging until a later date
the packaging shall be inspected individually and if a sign of loss or damage is found the item involved shall be unpacked and inspected
and any loss or damage discovered shall be reported under the marine cargo insurance.
. In the event that it is not possible establish whether the loss or damage has occurred before or after unloading the indemnity shall be
shared equally between this policy of insurance and the marine cargo insurance. 《2》Limit of indemnity
. In respect of each and every occurrence of loss or damage shared between this policy of insurance and the marine cargo insurance the
insurer shaW not be liable for 50% of the amount of the respective deductible specified in the schedule.
4. 110-Special conditions concerning safety measures with respect to precipitation, flood and inundation
It is agreed and understood that otherwise subject to the terms, exclusions, provisions and conditions contained in the Policy or endorsed
thereon, the insurers shall oniy indemnify the insured for loss, damage or liability caused directly or indirectly by precipitation, flood or
inundation if adequate safety measures have been taken in designing and executing the project involved.
For the purposes of this Endorsement adequate safety measures shall mean that, at all times throughout the policy period, allowance is
made for precipitation, flood and inundation up to a return period of 50 years for the location insured on the basis of the statistics prepared
by the meteorological agencies.
Loss, damage or liability resulting from the insured's not immediately removing obstructions (. sand, trees) from watercourses within
the construction site, whether carrying water or not, in order to maintain free waterflow shall not be indemnifiable.
5. Endorsement 112-Special conditions concerning fire-fighting facilities and fire safety on construction sites
It is agreed and understood that otherwise subject to the terms, exclusions, provisions and conditions contained in the Policy or endorsed
thereon, the Insurers shall only indemnify the Insured for loss or damage directly or indirectly caused by or resulting from fire or explosion,
provided always that
1. with regard to the progress of work adequate fire-fighting equipment and sufficient extinguishing agents are available and operative
at all times.
Fully operative wet riser hydrants are installed up to one level below the highest current work level and are sealed by temporary end caps;
2. the cabinets containing hose reels and portable fire extinguishers are inspected at regular intervals but at least twice a week;
3. fire compartments as required by local regulations are installed as soon as possible after the removal of formwork.
Openings for lift shafts, service ducts and other voids are provisionally closed as soon as possible but not later than at the commencement
of fit-out work:
4. waste material is removed regularly. All floors undergoing fit-out are cleared of combustible waste at the end of each working day;
5. a "permit to work" system is implemented for all contractors engaged in "hot work" of any kind such as but not limited to
-grinding, cutting or welding operations,
-use of blow lamps and torches,
-application of hot bitumen,
or any other heat-producing operation.
"Hot work" is carried out only in the presence of at least one worker equipped with a fire extinguisher and trained in fire-fighting.
The area of any "hot work" is examined one hour after the work has finished:
6. storage of material for the construction or erection shall be subdivided into storage units not exceeding the value stated below per
storage unit The individual storage units shall be either at least 50 m apart or separated by fire-proof walls.
All flammable material and especially all flammable liquids and gases shall be stored at a sufficiently large distance from the property
under construction or erection and any hot work;
Site Safety Coordinator is appointed.
' MUANCE-SEGUROS
A reliable fire alarm system is installed and whenever possible a direct communication link maintained with the nearest fire brigade.
A Fire Protection Plan and a Site Fire Action Plan are implemented and updated regularly.
The contractor's personnel are trained in fire-fighting and fire-fighting drills carried out weekly.
The nearest fire brigade is familiarized with the site and immediate access maintained for it at all times;
8. the site is fenced off and access controlled.
Value per storage unit; USD 3 mil. 6. Endorsement 001-Cover for loss or damage due to strike, riot and civil commotion
(SRCC)
It is agreed and understood that otherwise subject to the terms, exclusions, provisions and conditions contained in the Policy or endorsed
thereon, and subject to the Insured having paid the agreed extra premium, this Policy shall be extended to cover loss or damage due to
strike, riot and civil commotion which for the purpose of this Endorsement shall mean (subject always to the special conditions hereinafter
contained) loss of or damage to the property insured directly caused by
1. the act of any person taking part together with others in any disturbance of the public peace (whether in connection with a strike or
lockout or not) not being an occurrence mentioned in item 2 of the special conditions hereof,
2. the action of any lawfully constituted authority in suppressing or attempting to suppress any such disturbance or in minimizing the
consequences of any such disturbance,
3. the wilful act of any striker or locked-out worker performed in furtherance of a strike or in resistance to a lockout,
4. the action of any lawfully constituted authority in preventing or attempting to prevent any such act or in minimizing the consequences
of any such act,
provided that it is hereby further expressly agreed and declared that
1. all the terms, exclusions, provisions and conditions of the Policy shall apply in all respects to the insurance granted by this extension
save in so far as the same are expressly varied by the following special conditions, and any reference to loss or damage in the wording of
the Policy shall be deemed to include the perils hereby insured against,
2. the following special conditions shall apply only to the insurance granted by this extension, and the wording of the Policy shall apply in
all respects to the insurance granted by the Policy as if this Endorsement had not been made thereon.
Special conditions 1. This insurance shall not cover
a) loss or damage resulting from total or partial cessation of work or the retarding, interruption or cessation
of any process or operation,
b) loss or damage occasioned by permanent or temporary dispossession resulting from confiscation,
commandeering or requisition by any lawfully constituted authority,
c) loss or damage occasioned by permanent or temporary dispossession of any building resulting from the
unlawful occupation by any person of such building,
d) consequential loss or liability of any kind or description, any payments over and above the indemnity for
the material damage as provided herein,
provided nevertheless that the Insurers are not relieved under b) or c) above of any liability to the Insured in respect of physical damage to
the property insured occurring before dispossession or during temporary dispossession.
2. This insurance shall not cover any loss or damage occasioned by or through or in consequence, directly or indirectly, of any of the
following occurrences, namely
a) war, invasion, act of foreign enemy, hostilities or warlike operations (whether war be declared or not), civil war,
b) mutiny, civil commotion assuming the proportion of or amounting to a popular rising, military rising, insurrection, rebellion,
revolution, military or usurped power,
c) any act of any person acting on behalf of or in connection with any organization with activities directed toward the overthrow by force
of the government de jure or de facto or to the influencing of it by terrorism or violence.
In any action, suit or other proceeding, where the Insurers allege that by reason of the provisions of this condition any loss or damage is not
covered by this insurance, the burden of proving that such loss or damage is covered shall be upon the Insured.
3. This insurance may at any time be terminated by the Insurers on notice to that effect being given by registered post at the Insured's last
known address, in which case the insurers shall be liable to repay a rateable proportion of the premium for the unexpired term from the
date of termination.
4. The limit of indemnity any one occurrence as stated below shall be understood to limit the indemnity for all loss or damage covered by
this Endorsement during a consecutive period of 168 hours.
The aggregate liability of the Insurers during the period of cover of this Policy shall be limited by twice the limit of indemnity any one
occurrence.
Limit of indemnity: USD 2mil. any one occurrence and in aggregate
7. Endorsement 119-Existing property or property belonging to or held in care, custody or control by the insured
It is agreed and understood that otherwise subject to the terms, exclusions, provisions and conditions contained in the Policy or endorsed
thereon and subject to the Insured having paid the agreed extra premium, Section 1 of this Policy shall be extended to cover loss of or
damage to the existing property or property belonging to or held in care, custody or control by the Insured caused by or arising out of the
construction or erection of the items insured under Section 1.
Limit in aggregation: USD 3 mil.
The Insurers shall only indemnify the insured for loss of or damage to the insured property provided that prior to the commencement of
construction its condition is sound and the necessary safety measures have been taken.
In respect of loss or damage caused by vibration or by the removal or weakening of support Insurers shall only indemnify the Insured for
loss or damage as a result of a total or partial collapse of the insured property, and not for superficial damage which neither impairs the
stability of the insured property nor endangers its users.
The Insurers shall not indemnify the Insured for
-loss or damage which is foreseeable having regard to the nature of the construction work or the manner of its execution,
一 the costs of loss prevention or minimization measures which become necessary during the period of insurance.
8. Endorsement 115-Cover for designer’s risk
It is agreed and understood that otherwise subject to the terms, exclusions, provisions and conditions contained in the Policy or endorsed
thereon and subject to the Insured having paid the agreed extra premium, exclusion c) under special exclusions to Section 1 of the Policy
shall be deleted and exclusion d replaced by the following wording:
Limit in aggregation: USD 2 mil.
‘‘d) The cost of replacement, repair or rectification of loss of or damage to items due to defective material and/or workmanship and/or
faulty design, but this exclusion shall be limited to the items immediately affected and shall not be deemed to exclude loss of or damage to
correctly executed items resulting from an accident due to such defective material and/or workmanship and/or faulty design."
9. Endorsement 002 -Cover for cross liability
It is agreed and understood that otherwise subject to the terms, exclusions, provisions and conditions contained in the Policy or endorsed
thereon and subject to the insured having paid the agreed extra premium, the third party liability cover of the Policy shall apply to the
insured parties named in the Schedule as if a separate policy had been issued to each party, provided that the Insurers shall not indemnify
the Insured under this Endorsement in respect of liability for
一 loss of or damage to items insured or insurable under Section 1 of the Policy, even if not recoverable due to an excess or any limit,
一 fatal or non-fatal injury or illness of employees or workmen who are or could have been insured under workmen’s compensation and/or
employers' liability insurance.
The Insurers' total liability in respect of the insured parties shall not however exceed in the aggregate for any one accident or series of
accidents arising out of one event the limit of indemnity stated in the Schedule.
006-Cover of extra charges for overtime, night work, work on public holidays, express freight
It is agreed and understood that otherwise subject to the terms, exclusions, provisions and conditions contained in the Policy or endorsed
thereon and subject to the Insured having paid the agreed extra premium, this insurance shall be extended to cover extra charges for
overtime, night work, work on public holidays and express freight (excluding airfreight).
Provided always that such extra charges shall be incurred in connection with any loss of or damage to the insured items recoverable under
the Policy.
If the sum(s) insured of the damaged item(s) is (are) less than the amount(s) required to be insured, the amount payable under this
Endorsement for such extra charges shall be reduced in the same proportion.
Limit of indemnity: USD mil. any one occurrence and in aggregate. 11. Endorsement 120-Vibration, removal or
weakening of support
It is agreed and understood that otherwise subject to the terms, exclusions, provisions and conditions contained in the Policy or endorsed
thereon and subject to the Insured having paid the agreed extra premium, Section 2 of this insurance shall be extended to cover liability
consequent upon loss or damage caused by vibration or by the removal or weakening of support.
Provided always that
the Insurers indemnify the Insured in respect of liability for loss or damage to any property or land or building only if such loss or damage
results in the total or partial collapse,
-the Insurers indemnify the Insured in respect of iiability for loss or damage to any property or land or building only if prior to the
commencement of construction its condition is sound and the necessary loss prevention measures have been taken,
-if required, the Insured, before commencement of construction and at his own expense, prepares a report on the condition of any
endangered property or land or building.
The Insurers shall not indemnify the Insured in respect of liability for
-loss or damage which is foreseeable having regard to the nature of the construction work or the manner of its execution,
-superficial damage which neither impairs the stability of the property, land or buildings nor endangers their users,
- the costs of loss prevention or minimization measures which become necessary during the period of insurance. Limit of indemnity
(any one occurrence); USD 2 mil.
Total limit of indemnity: USD 2 mil. 12. War and Terrorism Exclusion Endorsement
Notwithstanding any provision to the contrary within this insurance or any endorsement thereto it is agreed that this insurance excludes
loss, damage, cost or expense of whatsoever nature directly or indirectly caused by, resulting from or in connection with any of the
following regardless of any other cause or event contributing concurrently or in any other sequence to the loss:
war, invasion, acts of foreign enemies, hostilities or warlike operations (whether war be declared or not), civil war, rebellion, revolution,
insurrection, civil commotion assuming the proportions of or amounting to an uprising, military or usurped power; or
any act of terrorism.
For the purpose of this endorsement any act of terrorism means an act, including but not limited to the use of force or violence and/or the
threat thereof, of any person or group(s) of persons, whether acting alone or on behalf of or in connection with any organization(s) or
government(s), committed for political, religious, ideological or similar purposes including the intention to influence any government
and/or to put the public, or any section of the public, in fear.
This endorsement also excludes loss, damage, cost or expense of whatsoever nature directly or indirectly caused by, resulting from or in
connection with any action taken in controlling, preventing, suppressing or in any way relating to (1) and/or (2) above.
If the Underwriters allege that by reason of this exclusion, any loss, damage, cost or expense is not covered by this insurance the burden of
proving the contrary shall be upon the Assured.
In the event any portion of this endorsement is found to be invalid or unenforceable, the remainder shall remain in full force and effect.
13. Political Risk Exclusion
The Insurer will not pay for Damage or Consequential loss directly or indirectly caused by, consisting of, or arising from:
Confiscation, expropriation, nationalization, commandeering, requisition or destruction of or damage to property by order of the
Government de jure or de facto or any public, municipal or local authority of the country or area in which the property is situated; seizure
or destruction under quarantine or customs regulation.
14. Data Distortion I Corruption Clause
It is noted and agreed this policy is hereby amended as follows:
The Insurer will not pay for Damage or Consequential loss directly or indirectly caused by, consisting of, or arising from:
a) Any functioning or malfunctioning of the Internet or similar facility, or of any intranet or private network or similar facility,
b) Any corruption, destruction, distortion, erasure or other loss or damage to data, software or any kind of programming or
instruction set,
c) Loss of use or functionality whether partial or entire of data, coding, program, software, any computer or computer system or
other device dependent upon any microchip or embedded logic, and any ensuing inability or failure of the Insured to conduct business.
This endorsement shall not exclude subsequent Damage or Consequential loss, not otherwise excluded, which itself results from a Defined
Peril. Defined Peril shall mean: Accidental Breakdown of an Object including Mechanical and Electrical Breakdown.
All other terms, conditions and exclusions of this policy remain unchanged.
15. Total Asbestos Exclusion
It is agreed and understood that the Insurers will not indemnify the Insured in respect of actual or alleged liability whatsoever for any claim
in respect of loss directly or indirectly arising out of, resulting from or in consequence of the presence of asbestos, or any materials
containing asbestos in whatever form or quantity.
16- Institute Radioactive Contamination, Chemical, Biological, Bio-Chemical and Electromagnetic Weapons Exclusions
Clause《CL370)
This clause shall be paramount and shall override anything contained in this insurance inconsistent therewith.
1. In no case shall this insurance cover loss damage liability or expense directly or indirectly caused by or contributed to by or arising
from;
ionizing radiations from or contamination by radioactivity from any nuclear fuel or from any nuclear waste or from the
combustion of nuclear fuel:
the radioactive, toxic, explosive or other hazardous or contaminating properties of any nuclear installation, reactor or other
nuclear assembly or nuclear component thereof:
any weapon or device employing atomic or nuclear fission and/or fusion or other like reaction or radioactive force or matter:
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:
any chemical, biological, bio-chemical, or electromagnetic weapon.
17-Industries’ Seepage, Pollution and Contamination Clause (NMA 1685)
It is agreed and understood that this Insurance does not cover any liability for:
1) Personal Injury or Bodily Injury or loss of. damage to, or loss of use of property directly or indirectly caused by seepage,
pollution or contamination, provided always that this paragraph (1) shall not apply to liability for Personal Injury or Bodily injury or loss
of or physical damage to or destruction of tangible property, or loss of use of such property damaged or destroyed, where such seepage,
pollution or contamination is caused by a sudden, unintended and unexpected happening during the period of this Insurance.
2) The cost of removing, nullifying or cleaning-up seeping, polluting or contaminating substances unless the seepage, pollution or
contamination is caused by a sudden, unintended and unexpected happening during the period of this Insurance.
3) Fines, penalties, punitive or exemplary damages.
This Clause shall not extend this Insurance to cover any liability which would not have been covered under this Insurance had this Clause
not been attached.
clause
No (re)insurer shall be deemed to provide cover and no (re)insurer shall be liable to pay any claim or provide any benefit hereunder to the
extent that the provision of such cover, payment of such claim or provision of such benefit would expose that (re)insurer to any sanction,
prohibition or restriction under United Nations resolutions or the trade or economic sanctions, laws or regulations of the European Union,
United Kingdom or United States of America.
Fees Clause
It is agreed and understood that otherwise subject to the terms, exclusions, provisions and conditions contained in the Policy or endorsed
thereon this insurance shall be extended to cover Surveyors' and Consulting Engineers' fees or other professional fees necessarily incurred
by the Insured in the reinstatement of the Insured Property consequent upon its loss destruction or damage indemnifiable hereunder but
not for preparing any claim, it being understood that the amount payable for such fees shall not exceed that under the scales authorized
by the local professional body.
Limit of Indemnity; [10% of loss subject to max. USD 3 mil in aggregate]
20. Removal of Debris
provisions and conditions contained the costs and expenses necessarily
it is agreed and understood that otherwise subject to the terms, exclusions, in the Policy or endorsed thereon this insurance shall be
extended to cover incurred by the Insured with the consent of the Company in
a) removing debris
b) dismantling and/or demolishing
c) shoring up propping and fencing off
following loss of or damage to the Contract Works for which the Insured is indemnified by this Section Limit of Indemnity: [10% of loss
subject to max. USD 3 mil in aggregate]
21. Plans and Documents Clause
It is agreed and understood that otherwise subject to the terms, exclusions, provisions and conditions contained in the Policy or endorsed
thereon this insurance shall be extended to cover the Insured against the necessarily incurred costs of rewriting or re-drawing of plans and
drawings or other contract documents lost, destroyed or damaged as a result of a peril insured.
Limit of Indemnity: [USD mil any one occurrence and in aggregate]
22. Endorsement 113-Inland transit
It is agreed and understood that otherwise subject to the terms, exclusions, provisions and conditions contained in the Policy or endorsed
thereon and subject to the insured having paid the agreed extra premium. Section 1 of this insurance shall be extended to cover loss of or
damage to the insured property whilst in transit to the contract site other than on waterways or by air within the territorial limits of
Mozambique provided that the maximum amount payable under this Endorsement does not exceed USD 5mil. in aggregate per policy.
23. Fire Extinguishing Expenses
It is agreed and understood that otherwise subject to the terms, exclusions, provisions and conditions contained in the Policy or endorsed
thereon, this Policy extends to cover:-
a) Rewards of the Insured's employees engaged in fire fighting activities other than full time members of a works fire brigade.
b) the cost of replenishment of fire fighting appliances and destruction of or damage to materials (including employees' clothing and
personal effects) and the cost of replacing or repairing materials or equipment used in extinguishing a fire unless otherwise
specifically insured.
c) all other costs and charges associated with the extinguishment or prevention of spread of fire or for providing temporary safety
devices in consequence of damage or the threat of damage by fire or other peril hereby insured against.
Provided always that the liability of the company in respect of such wages and costs shall be limited to those necessarily and reasonably
incurred in extinguishing fires at or adjoining the situation of the property insured by this Policy or immediately threatening to involve
such property.
Limit of indemnity: USD mil any one occurrence and in aggregate
24. Errors and Omissions and Misdescription Clause
The Insured is not to be prejudiced by any unintentional and/or inadvertent omission error or incorrect description of the interest risk or
property insured or during the currency of the Policy in respect of failure to advise change in any interest risk or property insured provided
notice is given to the Company as soon as practicable upon discovery of any such error omission or failure to give advice. Otherwise, the
Insurer may not be liable to indemnify under the Policy in accordance with the relevant laws and regulations.
Limit of indemnity: USD mil. any one occurrence and in aggregate .
This Clause is subject to otherwise to the terms conditions and exceptions of this
Reinstatement of Sum Insured Clause
It is agreed and understood that in the event of loss or damage recoverable under Section I [Physical Damage] of this insurance, the sum
insured by this Policy shall, in the absence of written notice by the company or the Insured to the contrary, be immediately reinstated in
consideration of which the Insured undertake to pay the appropriate additional premium.
This Clause is subject to otherwise to the terms conditions and exceptions of this Policy.
on Account Clause
It is hereby understood and agreed that in the event of the occurrence of a loss covered under this insurance the company may approve
advance payment on account in respect of such loss to the request of the Insured and with the adjuster's recommendation. The amount is
limited to [30%] of any claims.
This Clause is subject to otherwise to the terms conditions and exceptions of this Policy.
27. No Control Clause
The Insurance hereby shall not be prejudiced by any act or omission unknown to or beyond the control of the Insured on the part of anyone
occupying or using the premises provided that the Insured, immediately on becoming aware thereof, shall give notice to the Company and
pay any additional premium.
This Clause is subject to otherwise to the terms conditions and exceptions of this Policy.
28. Endorsement 106 Warranty concerning sections
it is agreed and understood that otherwise subject to the terms, exclusions, provisions and conditions contained in the Policy or endorsed
thereon, the Insurers shall only indemnify the Insured for loss, damage or liability directly or indirectly caused to or by embankments,
cuttings and benchings, ditches, canals or road works if these embankments, cuttings and benchings, ditches, canals or road works are
constructed in sections not exceeding in total the length stated below, irrespective of the state of completion of the insured works, and the
indemnification for any one loss event shall be limited to the cost of repair of such sections.
Maximum length of section: 2 Km and accumulative maximum length in the same time is 12 km with 6 sections
29. Premium Payment Warranty
It is warranted that the Insured shall pay the full premium within Sixty (60) days from inception of this policy. If the Insured fails to pay
the full premium within the Sixty (60) days period the Insurer shall cancel the policy immediately and the Policyholder shall
be responsible to pay the premium for the period during which the insurer has been on risks.
This Clause is subject otherwise to the terms, conditions and exclusions of this Policy.
1、 舱面货条款 On-Deck Clause 兹经双方理解并同意, 舱面装载的被保险货物以与舱下装载的货物相同的承保条件承保。 兹经双方
进一步同意, 本保险不承保没有任何遮盖的舱面货因生锈所遭受的任何损失或损坏。 It is hereby understood and agreed
that the insured goods loaded on deck are insured on the same conditions as those loaded underdeck. Further agreed that loss of or
damage to on-deck goods without any cover due to rust are excluded. 2、 货物申报和保险费支付 Declaration and Payment 保险合同到期后,
被保险人应向保险人申报在保险期间内发生的所有实际装运量或运输的货物, 保险人将相应地计收保险费。 TheAssured is to declare
all actual shipments or transits that have taken place during the period of this insurance upon the expiry and Underwriters hereon will
debit the premium accordingly. 3、 吊装险条款 Hoisting Risk Clause 兹经双方同意, 本保险合同扩展承保被保险人由于保险标的因装卸、
吊装、 起重作业所产生的任何损失或损害。 It is agreed that this Policy is extended to indemnify the insuredfor any loss of or
damage to the subject matters insured arising out of loading and unloading, hoisting, lifting operations. 4、 退回或拒收货物运输条款
Refused/Returned Shipments Clause 按照原承保条件, 本保险应承保收货人拒收或退回的货物, 或超出正常运输过程仍由被保险人承
担风险的货物, 直至被保险人将上述货物回运至装运港或其他地方。 本保险亦可扩展承保由于建工阶段发生问题, 而需要送返制造
商或修理商, 以及从制造商或修理商处返回的设备。 为获得本项保障, 应事先通知首席保险人, 并按首席保险人同意的费率和保险
条款执行。 Subject to the original insuring conditions this insurance shall cover goods refused and/or returned by Consignees or which remain
at the risk of the Assured beyond the normal course of transit until disposed of by the Assured by return to the port of shipment or otherwise.
This insurance may also be 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/Erection Phase. Cover in this respect issubject to prior advice and rates, terms and
conditions to be agreed by Lead Insurer. 5、 仓至仓条款 Warehouse to Warehouse 本保险自被保险货物离开仓库或储存场所启运时开始
生效, 经正常运送(包括海上、 陆路和内路水运以及驳运) 之过程, 直至被保险货物交付至目的地收货人最终仓库或储存场所时止。
This Insurance attaches from the time the goods hereby insured leave the warehouse or place of storage for the commencement of the transit
and continues in force in the ordinary course of transit including sea, land and inland waterway transits and transit in lighter
until the insured goods are delivered to the consignee’s final warehouse or place of storage at the destination. 6、 暂存条款(90 天)
Temporary Storage (90 days) 兹经双方理解并同意, 本保险合同扩展承保保险标的在正常运送过程中临时和中间储存期间的风险, 但
该储存期间最长不超过 90 天, 如期间长于 90 天的, 应事先通知保险人。 除本条款上述规定外, 本保险合同的其他规定均保持不变。
It is understood and agreed that this Policy extends to cover temporary and intermediate storage within the normal course of transit up to 90 days.
(longer period needs prior notification ). This Clause is subject otherwiseto the terms and conditions of this Policy. 7、 货运险与安装工程险责
任分摊条款 Marine/EAR 50/50 Clause 兹经双方理解并同意, 被保险人应当: (一) 一旦材料和设备运抵合约地点, 被保险人应检查
材料和设备在运输途中可能发生的损失, 若裸装货物损失明显的, 被保险人应在货运险项下提起索赔; (二) 若包装的货物延期拆
除包装的, 则被保险人应检查外包装是否有货损迹象, 若货损迹象明显,被保险人应在货运险项下提出索赔; (三) 若货物外包装
无货损迹象, 且货物仍处于包装状态, 开箱时发现的损失应推定发生在运输期间,除非从损失的性质看有明显的证据表明损失确系
发生在货运保险终止后。 (四) 但是, 若无明显证据确定损失的发生时间, 则该损失将在本保险和安装工程险之间平均分摊。 除本
条款上述规定外, 本保险合同的其他规定均保持不变。 It is agreed and understood that the Insured is requested to: 1.
Inspect the materials and equipment for possible damage incurred during transit upon their arrival at the contract site. In thecase of unpacked
goods where damage is evident such damage is to be reported under Marine Cover, 2. In the case of packed goods which are left in their packing
until a later date, the packing is to be usually inspected for signs of possible damage to thegoods. If any sign of damage is visible, the goods
themselves are to be reported under the Marine Cover. 3. When the Packing ofthe goods manifests no sign of damage and the goods are
therefore left packed, any damage discovered when they are unpacked will be assumed to have occurred during transit unless there is clear
evidence from the nature of the damage that it could only have occurred after expiry of the marine insurance. 4. If, however, no clear evidence
can be deduced as to when the damage was caused,the settlement of the loss will be shared equally between this insurance and the Erection
insurance. This clause is subject otherwiseto the terms, conditions and exclusions of this Policy. 8、 装卸条款 Loading and Unloading Clause
经双方理解并同意, 自保险合同生效之日起, 本保险合同扩展承保保险标的在任何运输工具进行装卸作业过程中的风险。
It is understood and agreed that, effective from inception, this policy is extended to cover loading and unloading on and off any means of
conveyance. 9、 保险金额累积给付条款 Transit Accumulation Clause 若由于运输过程中产生任何中断和/或发生被保险人无法控制的事
件, 或者由于伤亡事故和/或在转运地点和/或在联运船舶或运输工具上, 发生保险标的的累积价值超过本保险规定的限额的情况时,
在被保险人得知该情况后尽快通知保险人的条件下, 保险人应承担全部金额的风险, 但任何情况下, 累积金额不得超过保险限额的
两倍。 Should there be an accumulation of interests beyondthe limits expressed in this insurance by reason of any interruption of transit and/or
occurrence beyond the control of the Insured, or by reason of any casualty and/or at a transhipping point and/or on a connecting steamer or
conveyance, Insurer(s) shall hold covered such excess interest and shall be liable for the full amount at risk but in no event to exceed
twice the insurance limit, provided notice be given to Insurer(s) as soon as known to the Insured. 10、 预付赔款条款 Payment on Account
Clause 兹经双方同意, 根据被保险人的请求, 保险人根据已经认定的赔偿责任, 并在适用免赔额的情况下, 就任何索赔预先支付
赔偿款项, 但任何情况下的预先支付均应符合本保险合同的规定。 被保险人应向保险人提供保险人预付赔款所需的证明文件, 包括
但不限于损失证明文件、 账单和账册以获得保险人的同意和认可。 It is agreed that at the request of the Insured the Insurer(s) will,
subject to liability having been accepted and application of the applicable Deductible, provide payment on account in respect of any claim
subject always to compliance with theterms and conditions of this Policy. The Insured shall provide to the Insurer(s) such evidence as
may be required by the Insurer(s) toprovide such payments on account, for example but not limited to proof of loss with supporting
documentation, bills and accounts, for agreement and approval. 11、 隐藏损失条款-限于 90 天 Concealed Damage – limit 90 days 尽管有对
被保险运输终止的规定, 双方一致同意, 保险人应负责赔偿任何可合理归因于运输期间内承保 风险的损失或损害, 但以保险标的
抵达最终仓库的时间至发现前述损失或损害的时间不超过 90 天为限。 被保险人进一步同意, 如抵达后任何包装外部有受损迹象, 应
立即进行检查, 并按正常的理赔程序处理。 Notwithstanding the termination of insured transit as determined herein, it is agreed that
Underwriters shall accept liability of anyloss or damage reasonably attributable to the operation of perils insured against during the period of
transit covered by this Policy provided that the time which may elapse between arrival of the property at the final warehouse and the time of
discovery of such loss or damage does not exceed 90 days. It is further agreed by the Insured that any package showing signs of damage on
arrival shall be inspected immediately and normal claims procedure adopted. 12、 错误和疏忽条款 Errors and Omissions Clause 被保险人在
本保险项下的权利不因其在进行申报过程中任何非故意的迟延或遗漏, 或在被保险财产的数量、 描述、 风险、 船舶、 运输工具或
航程的申报中, 存在任何非故意的错误而受影响。 如果被保险财产使用其他船舶运输, 被保险人应在知晓前述事实后尽快通知保险
人, 并补缴任何差额保险费。 本保险不因被保险人由于自身无法控制的原因违反任何保证或条件而受影响。
The Insured shall not be prejudiced by anyunintentional or inadvertent delay or omission in the reporting hereunder
or any unintentional error in the amount or description ofthe Insured Property risk vessel conveyance or voyage or
if the Insured Property be shipped by any other vessel if notice be givento Insurers as soon as practicable after such facts become
known to the Insured and deficiency of premium if any made good. This insurance shall not be affected by the failure
of the Insured to comply with any of the warranties or conditions over which they have no control. 13. 清理残骸条款(A) Removal of
Debris Clause (A) 除根据本保险可以获得的其他任何赔偿外, 本保险扩展承保被保险人因下列事项所发生的合理且必要的费用和支出:
(1) 清理和处理残骸; (2) 拆除、 拆毁; (3) 加固、 支撑; (4) 抛弃、 销毁; (5) 运输工具发生火灾、 意外事故后发生
的转运和恢复费用。 但是, 本保险不承保下列各项: (1) 由于或为了避免或减轻污染或沾染, 或其任何威胁或责任而支付的任何
费用; (2) 任何船舶或驳船之上未受损货物的卸载费用。 在任何情况下, 保险人在本条款项下承担的赔偿责任应以受损货物价值
的 10%为限制, 任一赔偿请求的最高责任限额为 500,000 美元。 This insurance is extended to cover in addition to anyother amount
recoverable under this insurance costs and expenses reasonably and necessarily incurred by the Insured in connection with:- a) removal and
disposal of debris b) dismantling and/or demolishing c) shoring up and/or propping d) dumping and/or destroying e) transshipment and recovery
charges consequent upon fire and/or accident to a conveyance Excluding absolutely 1) any expenses incurred in consequence of or to avert or
mitigate pollution or contamination or any threat or liability thereof 2) the cost of removal of cargo from any vessel or craft In no case
shall the insurers be liable under this clause for more than 10% of damaged cargo, maximum limit of indemnity USD500,000 any one claim. 14、
清理残骸条款(B) Removal of Debris Clause (B) 当保险标的发生保险事故受损时, 除根据本保险可以获得的其他任何赔偿之外, 本
保险扩展承保被保险人清理和处理保险标的或其任何部分的残余物质而支付的合理额外费用, 但本保险不承保以下项目: (1) 由于
或为了避免或减轻污染或沾染, 或其任何威胁或责任而支付的任何费用; (2) 任何船舶或驳船之上未受损货物的卸载费用。 本条
款提供的保障不计入本保险其它规定项下提供的保障, 但以装运货物保险价值的 15%为限。 在任何情况下, 本条款的任何规定均不
得解释为增加保险人在本保险其它规定项下所载明的责任限额。 This insurance isextended to cover, in addition to any other amount
recoverable under this insurance, extra expenses reasonably incurred by theAssured for the removal and disposal of debris of the subject
matter insured, or part thereof, by reason of damage thereto causedby an insured risk, but excluding absolutely: (1) any expenses incurred in
consequence of or to prevent or mitigate pollution or contamination, or any threat or liability therefore; (2) the cost of removal of cargo
from any vessel or craft. The indemnity providedby this clause shall be in addition to the indemnity provided elsewhere herein
but is limited to 15% of the insured value of theshipment. In no case however shall this clause increase Underwriters’ liability
beyond the Limits or Liability expressed elsewhere herein. 15、 回运条款 Return Shipment Clause 货物因拒收而无法向被保险人和/或收货
人交付, 因此或其他任何原因而回运时, 保险人按本保单的规定承保保险标的在被保险人承担风险期间的风险, 直至货物出售或通
过其他方式处理。 Shipments upon which delivery to theInsured and/or consignee cannot be accomplished because of refusal of acceptance
and which are returned for this or any other reason are held covered while at risk of the Insured until sold or otherwise disposed of
subject to terms and Conditions of this cover. 16、 7 天战争险取消条款 7 Days Cancellation Clause for war risks 除下列规定外, 被保险人
或保险人不得解除本部分的内容: 对于任何时间发生的战争、 罢工、 暴乱、 民众骚乱及恶意损害等, 七天通知解除; 对于除往返美
国运输外的风险, 罢工、 暴乱、 民众骚乱及恶意损害风险的解除为四十八个小时通知。 所发出的通知不适用于在通知期限终止前已
开始或申报的风险。 This section may not be cancelled either by the Insured or by Insurers except in respect of the following: Seven days
notice at any time in respect of War, Strikes, Riots, Civil Commotions and Malicious Damage etc; risks except in respect of sendings to or from
United States of America, when Strikes, Riots, Civil Commotions and Malicious Damage etc risks will be subject to forty eight hours notice of
cancellation. Notice if given not to apply to any risks which shall have commenced or been declared prior to termination of period of notice. 17、
车辆装卸条款 Loading & Unloading on/off vehicles 兹经双方理解并同意, 自本保险生效后, 本保险合同扩展承保保险标的在车辆装卸
过程中的风险。 被保险人保证, 装卸作业应在专业监督下进行或由专业人士操作。 It is understood and agreed that, effective from
inception, this policy is extended to cover loading and unloading on and off the carrying vehicles. It is warranted that the loading and unloading
operation should be under professional supervision or operated by professional party. 18、 舱面险条款 On Deck Clause 对于舱面装运的舱面
货物或集装箱运输, 本保险承保其抛弃的风险以及落海的损失。 如有任何非集装箱的舱面运输, 被保险人应视情形尽可能提前通知
保险人, 以便保险人能够安排检验, 费用由保险人承担。 For interest shipped on-deck or container shipments in and/or over, cover
includes the risk of jettison and loss overboard. Prior notification of uncontainerised on-deck shipments, if any, if at all possible
inthe circumstances, required in order to enable Insurers to arrange a survey at Insurers expense. 19、 集装箱短量条款 Shortage From
Containers 对于集装箱装运的货物, 如被保险人提供文件证据, 证明货物装载到集装箱时的数量的, 则被保险人提出的有关偷窃、
短量和提货不着的索赔不因集装箱在装卸时铅封完好无损而无法获得赔偿。 In respect of shipments in containers, provided documentary
evidenceis produced to substantiate the quantity loaded into a container, the fact that the container’s seal is intact at loading point or unloading
point shall not invalidate claims for theft, pilferage, shortage and non-delivery. 20、 合同到期保险费调整条款 Premium Adjustment Upon
Expiry Clause 兹经双方理解并同意, 被保险人每年应向保险人申报实际装运货物的价值, 保险费将据此进行调整。 除本条款上述规
定外, 本保险合同的其他规定均保持不变。 It is hereby agreed and understood that the actual shipments value should besubject to yearly
declaration by the Insured to the Company with premium adjustment. This clause is subject otherwise to the terms, conditions and exclusions
of this Policy. 21、 保险人 90 天通知解除合同条款 90 Days Notice of Cancellation by Insurer 兹经双方理解并同意, 本保险合同根据被
保险人的请求可在任何时间终止, 保险人亦可在任何时间提前 90 天通知被保险人解除保险合同。 在前述情形下, 保险人有权按实际
承保期间按日比例收取保险费。 It is agreed and understood that this Policy may be either terminated at any time at therequest
of the Insured or canceled at any time at the option of the Company by giving 90-Days prior notice to the Insured. In either of the above
cases the Company shall retain a premium calculated on a daily pro-rata basis for the time the Policy has been in force. 22、 品牌和商标条款
Brand and Trademark Clause 如果贴有品牌或商标的财产或以任何方式带有或暗含制造商或被保险人应当承担保证或责任的财产遭受
损坏, 则受损财产的残值应按以常用的方式去除前述所有品牌、 商标或其他识别标志 (费用由保险人承担)后的价值确定。 被保险
人对本保险合同项下任何损失涉及的所有货物享有全部所有权, 并对所有受损货物保留控制权。 在合理运用其决定权的情况下, 仅
被保险人有权决定, 本保险合同项下发生的任何损失, 所涉及的货物是否适合使用。 如果被保险人认为货物不适合使用, 则该货物
不得出售或以其他方式进行处理。 In case of damage to property bearing a brand or trade mark, or which in any way carries or
implies theguarantee or the responsibility of the manufacturer or Insured, the salvage value of such property shall be determined after removal
in the customary manner (at the Insurer’s expense)of all such brands or trade marks or other identifying characteristics. Theinsured shall have
full right to the possession of all goods involved in any loss under this Policy and shall retain control of all damaged goods. The insured,
exercising a reasonable discretion, shall be the sole judge as to whether the goods involved in anyloss under this Policy are fit for consumption
and no goods so deemed by the insured to the unfit for consumption shall be sold or other disposition of such goods. 23、 故意损坏条款-海
关服务 Deliberate Damage – Customs Service 本保险亦特别承保被保险人因海关工作人员在进行检验时或其他正当的政府机构替海关对
被保险货物履行检验职责时对被保险货物造成的物质损失或损害。 This insurance isalso specially to cover, physical loss of or
damage to the goods insured arising out of the performance of inspection duties byCustoms Service Agents or other duly constituted
governmental agencies who are performing inspection duties of or for theCustoms Service. 24、 空运重置条款 Replacement by Air Clause 兹
经双方同意, 如保险标的遭受本保险合同责任范围内的灭失或损坏, 被保险人认为有必要以空运方式进行重置的, 则即使原托运货
物不是以空运方式运输, 保险人仍将支付因此发生的额外费用, 但最高不超过货物保险金额的 15%(或其他等值货币)。
It is agreed that where there is loss or damage which is the subject of a claim hereunder andthe Assured consider it necessary to forward
replacements by Air, Underwriters will pay the extra costs so involved, subject to a maximum of 15% (or the equivalent in any other
currency),notwithstanding that the original consignment was not dispatched byAir. 25、 故意不当行为 Willful Misconduct Clause 即使本保
险另行约定或本保险合同适用的法律或惯例中有任何相反规定, 本保险对在被保险人的董事、高级管理人员或任何可被视为能全权代
表被保险人的其他人员未参与的情况下, 因任何人的故意不当行为造成的灭失、 损坏或费用承担赔偿责任。 Notwithstanding
anything to the contrary contained elsewhere herein or in the law and practice to which this Policy is subject, this insurance shall not exclude
loss damage or expense attributable to willful misconduct of any person or persons committed without the privity of the directors and/or officers
or whoever is considered the alter ego of the Insured. 26、 有人看守运输工具/船舶盗窃全赔条款 Full Theft on attended Vehicles/Vessels
Clause 即使本保险有任何相反规定, 在遵循本保险其他规定的情形下, 本保险合同扩展承保货物或其任何部分在正常运送过程中非
因强行和暴力行为引起的盗窃所发生的丢失或损坏, 保险人将赔偿被保险人遭受的前述损失或损坏, 但不负责赔偿被保险货物在承
运运输工具和/或被保险货物无人看守期间所发生的任何损失、损坏。 除本条款上述规定外, 本保险合同的其他规定均保持不变。
Notwithstanding anything contained herein to the contrary and subject otherwise to its exclusions, limits and
conditions, the Policy is extended to provide the full indemnity if the goods or any part thereof whilst in thenormal course of transit
shall be stolen or damaged by theft not consequence upon forcible and violent action, the Company will indemnify the Insured against such
loss or damage, but excluding any loss of and/or damage to the insured goods while thecarrying vehicle and/or the insured goods are left
unattended. This Clause is subject otherwise to the terms, conditions and exceptions of this Policy. 27、 重新包装费用条款 Re-Packing Cost
Clause 本保险合同扩展承保被保险人在目的地重新整理或重置本保险合同承保的运送至该目的地的商品或货物的包装所发生的实际
费用, 但须符合下列各项条件: (1) 包装的种类在通常情况下能够经受运送过程中的损坏风险; (2) 包装在运送开始之时不存在
任何损坏, 具体以签发的清洁提单(发货人未出具保函) 为证或被保险人通过其他方式进行证明; (3) 包装发生损坏系因承保风
险所致; (4) 根据下列情况, 重新整理包装或重新包装存在实际的必要性: I. 商品或货物将进行下一段运输过程, 但原包装不能
经受下一段运输过程中的承保风险; II. 原包装上的痕迹显示内装货物或商品可能发生损坏, 因此需要打开包装进行必要的测试和检
验。 This policy is extended to indemnify the Assured for actual expenses incurred in the reconditioning of or thereplacing of,
at the destination, the package of goods and/or merchandise insured under this Policy during transit to such destination, provided that:
i. The type of package would normally withstand the transit without damage. ii. Packing to be free from damage at inception of the transit as
evidenced by issuance of a clean Bill of Lading (without a Letter of Indemnity having been given by the shipper); or otherwise
proven by the Assured. iii. Damage to packing is due to perils insured against. iv. Reconditioning of package or re-packing is actually
necessary, as per the following situation: (a) The goods and/or merchandise is to be on the next course of transit while the original packing
can not withstand the next transit against insured perils; (b) Traces on original packing indicate possible damage to goods and/or merchandise
inside hence require opening of packing to conduct necessary test and survey. 28、 适航性认可条款 Seaworthiness Admitted Clause 被保险人
和保险人兹承认船舶、 驳船、 运输工具的适航性。 如果发生损失, 即使该损失系归因于船舶所有人或其受雇人在被保险人未参与情
况下的不法行为或不当行为而引起的, 被保险人在本保险单项下获得赔偿的权利不受该事实影响。 The seaworthiness of the vessel,
craft and/or conveyance as between the Insured and Insurer(s) is hereby admitted. In the event of loss, the Insured'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 theInsured. 29、 飞行器条款 Aircraft Clause 本保险合同中所用的“船舶” 、 “船只” 、 “适航” 、
或“船舶所有人” 、 “船只所有人” 应视为亦包括“飞行器” 、 “适飞” 、 “飞行器所有人” 。 Wherever the words "ship", "vessel",
"seaworthiness", "ship owner", or "vessel owner" appear in this Policy, they are deemed to include also the words "aircraft", "airworthiness" and
"aircraft owner". 30、 集装箱货物条款 Containerized Cargo Clause 不论提单上有何指示, 本保险合同承保甲板货、 舱内货、 集装箱货
物或用其他形式装载, 包括弃货和浪 击落水造成的损失。 当被保险货物积载于集装箱时, 保险人和被保险人一致认可集装箱的适航
性与适货性。 Shipments are covered hereunder irrespective of Bill of Lading instructions, on or under deck, containerized or otherwise and
including jettison loss and washing overboard. Where Cargo, insured hereunder, is carried in Containers, it is agreed, as between the Assured
and Underwriters, that the seaworthiness and/or cargo worthiness of the Container is hereby admitted.
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伦敦 ITC83 协会船壳险条款 (中英文对照)
上一篇:船舶保险简介 下一篇:协会船舶航次保险条款
分类:船壳保险 发布时间:2014-10-19 19:36:04 来源: 浏览: 收藏 正文点这评论:(0 人参与)
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1983 年 10 月 1 日和 1995 年 11 月 1 日协会船舶定期保险条款
(Institute Time Clauses, Hulls)
This insurance is subject to English law and practice
本保险受英国法律和惯例的制约
第 1 条 航海条款(Navigation)
1 NAVIGATION
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The Vessel is covered subject to the provisions of this insurance at all times and has leave to sail or navigate with or
without pilots, to go on trial trips and to assist and tow vessels or craft in distress,
but it is warranted that the Vessel shall not be towed, except as iscustomary or to the first safe port or place when in need
of assistance, or undertake towage or salvage services under a contract previously arranged by the Assured and /or Owners
and/or Managers and/or Charterers. This clause shall not exclude customary towage in connection with loading and
discharging.
1 航海
保险船舶在所有时间根据本保险的各项规定承保,并许可在有或没有引航员的情况下开航或航行,试航及
协助、拖带遇险船舶或驳船,但保证保险船舶不得被拖带,除非是习惯性的,或当需要协助时被拖带至第一个安
全港口或地点,也不得根据被保险人、船舶所有人、管理人和/或承租人事先安排的合同从事拖带或救助服务。但
本 款不排险与装卸有关的习惯拖带。
本条清楚地规定保险船舶在所有的时间均受承保,包括无论是否有引航员的开航或航行,进行试航及对遇险
的其他船舶或驳船提供协助。不过,它保证保险船舶不得被拖带,除非当需要协助时,且仅至第一个安全港口或
地点。至于什么是第一个安全港口或地点,一般认为这应根据所有的事实进行解释,“第一个安全港口”不一定是距
离最近的港口,而应按照该港口的整体和实际情况,根据船舶修理和其他要求的设施,最适宜接收该船舶的地点。
本条明确规定该保证并不排除习惯性拖带,例如进出港口或码头或与装卸有关的拖带。本条进一步保证保险船舶
不得根据预先安排的合同提供拖带或救助服务。
The insurance shall not be prejudiced by reason of the Assured entering into any contract with pilots or for
customary towage which limits or exempts the liability of the pilots and/or tugs and /or towboats and/or their owners
when the Assured or their agents accept or are compelled to accept such contracts in accordance which established local law
or practice.
13 The practice of engaging helicopters for the transportation of personnel, supplies and equipment to and/ or
from the Vessel shall not prejudice this insurance.
本保险不因被保险人签订限制或免除引航员和/或拖船和/或其所有人责任的引航或习惯性拖带的任何合同
而受损害,如果被保险人或其代理人根据既定的当地法律或惯例接受或被迫接受此种合同。(1995 年新增)
雇用直升飞机向保险船舶运送和/或从保险船舶运出人员、供应品或设备不损害本保险。
这两款是 1995 年新增加的,虽然以相似术语的放任条款(permissive)过去时常应被保险人或其经纪人的要求
插入保险单。当然众所周知,船长或船舶代理通常别无选择,只能接受以免除或限制提供服务者责任的雇用引航
员、拖轮和直升飞机服务的合同。签订此种合同的后果是削弱或消灭保险人的代位追偿权,因此这些新条款受到
欢迎,因为他们明确了被保险人的地位不会因他们接受此种合同条款而受到损害。
In the event of the Vessel being employed in trading operations which entail cargo loading or discharging at sea
from or into another vessel (not being a harbour or inshore craft)no claimshall be recoverable under this insurance for loss of
or damage to the Vessel or liability to any other vessel arising from such loading or discharging operations, including whilst
approaching, lying alongside and leaving , unless previous notice that the Vessel is to be employed in such operations has
been given to the Underwriters and any amended terms of cover and any additional premium required by them have been
agreed.
若保险船舶被雇用于在海上将货物装卸入他船(非港口或近岸驳船)或自他船装卸入本船的商业作业,由
于此种装卸作业,包括两船驶近、并排停靠和驶离,造成保险船舶的灭失或损害或对他船的责任,不得根据本保
险索赔,除非保险船舶被雇用于此种作业前已通知保险人,且已同意保险人要求的修改承保条件及任何附加的保
险费。
In the event of the Vessel sailing (with or without cargo) with an intention of being(a) broken up, or (b) sold for
breaking up, any claim for loss of or damage to the Vessel occurring subsequent to such sailing shall be limited
to the market value of the Vessel as scrap at the time when the loss or damage is sustained, unless previous notice has been
given to the Underwriters and any amendments to the terms of cover, insured value and premium required by them have
been agreed. Nothing in this Clause shall affect claims under Clauses 8 and/or 10.
如果保险船舶开航(不论有无货载)旨有(a)拆船,或(b)为拆船而出售,那么对保险船舶在此种开航
后发生的灭失或损害的任何索赔,应限于船舶灭失和损坏时报废船的市场价值,除非事先已通知保险人,并已同
意修改保险条款,保险价值和保险人要求的保险费。本 款不影响根据第 8 条和/或第 11 条的索赔。
第 2 条 延续条款(Continuation)
1995 年条款用语为:
2 CONTINUATION
Should the Vessel at the expiration of this insurance be at sea and in distress or missing, sheshall, provided notice be
given to the Underwriters prior to the expiration of this insurance, be held covered until arrival at the next port in good
safety, or if in port and in distress until theVessel is made safe , at a pro rata monthly premium.
延续。如果在本保险期届满时,保险船舶在海上遇险或失踪,若在本保险期限届满以前已通知保险人,船舶
将被继续承保,直至安全抵达下一个港口;或者如果保险船舶在港内并遇险,则直至保险船舶变得安全时,超期
保险费按月比例支付。
1983 年条款措辞为:
2 CONTINUATION
Should the Vessel at the expiration of this insurance be at sea or in distress or at a port of refuge or of call, she shall,
provided previous notice be given to the Underwriters, be held covered at a pro rata monthly premium to her port of
destination.
延续。如果在本保险期届满时,保险船舶在海上或在遇险中,或在避难港,或在中途港,若事先通知保险人,
并按月比例支付超期保险费,船舶将被继续承保直至抵达目的港为止。
第 3 条 违反保证条款(Breach of warranty)
3 Held covered in case of any breach of warranty as to cargo, trade, locality, towage, salvage services or date of sailing,
provided notice be given to the Underwriters immediately after receipt of advices and any amended terms of cover and any
additional premium required by them be agreed.
当任何有关货物、贸易、船位、拖带、救助服务或开航日期的保证被违反时,若被保险人知悉后立即通知保
险人,并同意保险人要求的承保条款的任何修改及附加保险费,本保险继续有效。
第 4 条 船级条款(Classification)
4 CLASSIFICATION
It is the duty of the Assured, Owners and Managers at the inception of and throughout theperiod of this insurance
to ensure that
the Vessel is classed with a Classification Society agreed by the Underwriters and thather class
within that Society is maintained,
any recommendations requirements or restrictions imposed by the Vessel’s Classification Society which relate
to the Vessel’s seaworthiness or to her maintenance in a seaworthy condition are complied with by the dates required
by that Society .
In the event of any breach of the duties set out in Clause above, unless theUnderwriters agree to the contrary in
writing, they will be discharged from liability under theinsurance as from the date of the breach
provided that if the Vessel is at sea at such date theUnderwriters’ discharge from liability is deferred until arrival at her next
port.
Any incident condition or damage in respect of which the Vessel’s Classification Society might make
recommendations as to repairs or other action to be taken by the Assured, Owners or Managers must be promptly reported
to the Classification Society.
Should the Underwriters wish to approach the Classification Society directly for information and /or
documents, the Assured will provide the necessary authorization.
被保险人、船舶所有人和管理人有义务在本保险责任开始和整个保险期间
保险船舶在保险人同意的船级社入级并维持该船级社的船级,
该船级社提出的有关船舶适航性或维持其适航条件的任何建议、要求或限制,应在该船级社要求的日期
前执行。
倘若发生对上述第 款规定的义务的任何违反,除非保险人另行书面同意,保险人得自违反之日起解除
根据本保险的责任,但若当时保险船舶在海上,保险人延至其抵达下一港口时解除责任。
对船级社可能建议被保险人修理或采取其他措施的任何事件、条件、损害,船舶所有人或管理人必须迅速
报告给船级社。
如果保险人要求直接向船级社取得信息和/或文件,被保险人应提供必要的授权。
第 5 条 终止条款(Termination)
5 TERMINATION
This Clause 5 shall prevail notwithstanding any provision whether written typed or printed in this insurance
inconsistent therewith.
Unless the Underwriters agree to the contrary in writing, this insurance shall terminate automatically at the time of
change of the Classification Society of the Vessel, or change, suspension, discontinuance, withdrawal or expiry of
her Class therein or any of the Classification Society’s periodic surveys becoming overdue unless an extension of time for
such survey be agreed by the Classification Society, provided that if the Vessel is at sea such automatic
termination shall be deferred until arrival at her next port. However, where such change, suspension, discontinuance or
withdrawal of her Class or where a periodic survey becoming overdue has resulted from loss or damage covered by Class 6 of
this insurance or which would be covered by an insurance or which would be covered by an insurance of the Vessel subject
to current Institute War and Strikes Clauses Hulls Time such automatic termination shall only operate should the Vessel sail
from her next port without theprior approval of the Classification Society or in the case of a periodic survey becoming
overdue without the Classification Society having agreed an extension of time for such survey.
any change, voluntary or otherwise, in the ownership or flay, transfer to new management, or charter on a bareboat
basis, or requisition for title or use of the Vessel, provided that, ifthe Vessel has cargo on board and has already sailed from
her loading port or is at sea in ballast, such automatic termination shall of required be deferred, whilst the Vessel continues
her planned voyage, until arrival at final port of discharge if with cargo or at port of destination of in ballast. However,
in the event of requisition for title or use without the prior execution of a written agreement by the Assured, such automatic
termination shall occur fifteen days after such requisition whether the Vessel is at sea or in port.
A pro rata daily net return of premium shall be made provided that a total loss of the Vessel, whether by insured perils
or otherwise, has not occurred during the period covered by this insurance or any extension thereof.
5 终止
本保险的任何条款,不论是手写的、打印的还是印刷的,凡与本条不一致时,均以本条为准。
除非保险人书面另行同意,本保险在下列情况发生时自动终止:
保险船舶的船级社变更,或其船级变更、暂停、中止、撤回或期满,或船级社的定期检验过期,除非船级
社同意延期进行此种检验,但如果船舶在海上,此种自动终止应延迟到船舶抵达下一港口时。然而,如果此种船
级变更、暂停、终止、撤回、或定期检验过期,是由本保险第 6 条承保的灭失或损害造成的,或者是由根据现行协
会船舶战争险和罢工险定期保险条款承保的灭失或损害引起的,此种自动终止,仅于船舶未经船级社事先同意在
下一港口开航时,或在定期检验过期的情况下,船级社未同意延期进行此种检验时,方始生效。
自愿或以其他方式变更船舶所有权或船旗、转给新的管理人、光船出租或被征购、征用,但如果船上载有
货物且已从装货港开航,或在海上空载航行,经要求,此种自动终止应延迟,直至船舶继续其计划航程,载货船
舶到达最后卸货港为止,空载船舶到达目的港为止。不过,如果征购、征用未事先与被保险人签订书面协议,那
么无论船舶是在海上还是在港内,此种自动终止将在船舶被征用后 15 天开始生效。
净保险费按日比例退还,但以在本保险承保期间或其延展期间保险船舶未发生全损为条件,不论全损是否由
承保危险造成。
第 6 条 危险条款(Perils)
6 PERILS
This insurance covers loss of or damage to the subject-matter insured caused by
perils of the seas rivers lakes or other navigable waters
fire, explosion
violent theft by persons from outside the Vessel
jettison
piracy
contact with land conveyance, dock or harbour equipment or installation
earthquake volcanic eruption or lightning
accidents in loading discharging or shifting cargo or fuel.
This insurance covers loss of or damage to the subject-matter insured caused by
bursting of boilers breakage of shafts or any latent defect in the machinery or hull
negligence of Master Officers Crew or Pilors
negligence of repairers or charterers provided such repairers or charterers are not an Assured hereunder
barratry of Master Officers or Crew
contact with aircraft, helicopters or similar objects, or objects falling therefrom provided that such loss or damage
has not resulted from want of due diligence by the Assured, Owners, Managers or Superintendents or any of their onshore
management.
Master Officers Crew or Pilors not to be considered Owners within the meaning of this Clause 6 should they hold
shares in the Vessel.
6 危险
本保险承保下列原因造成的保险标的的灭失或损害:
海上、江河、湖泊或其他可航水域的危险
火灾、爆炸
来自保险船舶外的人员的暴力盗窃
抛弃
海盗
与陆上运输工具、码头或港口设备、设施接触
地震、火山爆发或闪电
装卸或搬移货物或燃料过程中的意外事故
本保险承保下列原告造成的保险标的的灭失或损害
锅炉破裂、尾轴断裂、或者机器、船舶的潜在缺陷
船长、高级船员、船员或引航员的过失
修船人或承租人的过失,如果此种修船人或承租人不是本保险的被保险人
船长、高级船员或船员的欺诈恶行
与航空器、直升飞机或类似物体,或从其上坠落的物体触碰,如果此种灭失或损害并非由于被保险人、
船东、管理人或船技主管或其岸上管理人员未谨慎处理所致
船长、高级船员、船员或引航员拥有保险船舶股份的,也不视作本条意义上的船东。
第 7 条 污染危险(Pollution Hazard)
This insurance covers loss of or damage to the Vessel caused by any governmental authority acting under the powers
vested in it to prevent or mitigate a pollution hazard, or damage to theenvironment, or threat thereof, resulting directly from
damage to the Vessel for which theUnderwriters are liable under this insurance, provided that such act of governmental
authority has not resulted from want of due diligence by the Assured, Owners ,or Managers to prevent or mitigate such
hazard or damage, or threat thereof. Master Officers Crew or Pilots not to be considered Owners within the meaning of this
Clause 7 should they hold shares in the Vessel.
本保险承保由于任何政府当局依其授权为防止或减轻因保险船舶应由保险人负责的损害直接引起的污染危险
或环境损害,或其威胁采取行动造成的保险船舶的损失或损害,如果政府当局的此种行为不是由于保险船舶的被
保险人、船东或管理人在防止或减轻此种危险或损害,或其威胁采取行动方面未能谨慎处理所致。若船长、高级
船员、船员或引航员持有保险船舶的股份,不视为第 7 条意义上的船东。
第 8 条 3/4 碰撞责任条款(3/4 the Collision Liability )
The underwriters agree to indemnify the Assured for three-fourths of any sum or sums paid by the Assured to any
other persons by reason of the Assured becoming legally liable by way of damages for
loss of or damage to any other vessel or property on any other vessel
delay to or loss of use of any such other vessel or property thereon
general average of, salvage of, or salvage under contract of , any such other vessel or property thereon,
where such payment by the Assured is in consequence of the Vessel hereby insured coming into collision with any
other vessel.
The indemnity provided by this Clause8 shall in addition to the indemnity provided by theother terms and
conditions of this insurance and shall be subject to the following provisions:
Where the insured Vessel is in collision with another vessel and both vessels are to blame then,
unless the liability of one or both vessels becomes limited by law, the indemnity under this Class 8 shall be calculated
on the principle of cross-liabilities as if the respective Owners had been compelled to pay to each other such proportion of
each other’s damages as may have been properly allowed in ascertaining the balance or sum payable by or to the Assured in
consequence ofthe collision.
In no case shall the Underwriters’ total liability under Clauses and exceed their proportionate part of
three-fourths of the insured value of the Vessel hereby insured in respect of any one collision.
The Underwriters will also pay three-fourths of the legal costs incurred by the Assured or which the Assured may
be compelled to pay in contesting liability or taking proceeding s to limit liability, with the prior written consent
of the Underwriters.
EXCLUSIONS
Provided always that this Clause 8 shall in no case extend to any sum which the Assuredshall pay for or in respect
of
removal or disposal of obstructions, wrecks, cargoes or any other thing whatsoever
any real or personal property or thing whatsoever except other vessels or property on other vessels
the cargo or other property on, or the engagements of, the insured Vessel
loss of life, personal injury or illness
pollution or contamination, or threat thereof, of any real or personal property or thing whatsoever (except other
vessels with which the insured Vessel is in collision or property on such other vessels) or damage to the environment, or
threat thereof, save that this exclusion shall not extend to any sum which the Assured shall pay for or in respect of salvage
remuneration in whichthe skill and efforts of the salvors in preventing or minimising damage to the environment
as isreferred to in Article 13 paragraph I (b) of the International Convention on Salvage, 1989 have been taken into account.
保险人同意赔偿被保险人因对下列损害赔偿负有法律责任而支付给任何其他人的任何金额的 3/4:
任何其他船舶或该船上财产的灭失或损害
任何其他船舶或该船上财产的延迟或丧失用途
由于保险船舶与其他船舶碰撞,被保险人对任何其他船舶或该船上财产的共同海损、海上救助或根据合
同的海难救助而支付的报酬
依本第 8 条规定的赔偿,是本保险其他条款和条件规定的赔偿之外的赔偿,且应受下述条款的制约:
在保险船舶与另一船碰撞且两船均应负责之情况下,那么除非一船或两船的责任受法律限制,根据本第
8 条的赔偿应按交叉责任原则计算,好像各船东被迫按各自损害赔偿的比例相互赔付,正如在确定由于碰撞应由被
保险人支付或应支付给被保险人的余额或金额时本应已适当承认的那样。
在任何情况下,保险人根据第 款和第 款对任何一次碰撞的总责任,不得超过保险船舶保险价值的
3/4。
保险人亦将交付经其事先书面同意,被保险人在抗辩责任或提起责任限制诉讼而发生的或可能被迫支付的
法律费用的 3/4。
除外责任:
但本第 8 条在任何情况下不扩展至被保险人应支付的或有关的下述任何金额:
障碍物、残骸、货物或任何其他物体的清除或处置
任何不动产或动产或任何物件,但其他船舶或该船上财产除外
保险船舶上的货物或其他财产或保险船舶的债务
人身伤亡、伤害或疾病
任何不动产或动产或任何其他物件(与保险船舶碰撞的其他船舶或该船上财产除外)的污染或沾污或其
威胁,或环境损害或其威胁,但是考虑到 1989 年《国际救助公约》第 13 条第 1 款 b 项提及的救助人在防止或尽量
减轻环境损害方面的技能和努力,本项除外不扩展至被保险人应支付的有关救助报酬。
第 9 条 姐妹船条款(Sistership)
9 SISTERSHIP
Should the Vessel hereby insured come into collision with or receive salvage service from another vessel belonging
wholly or in part to the same Owners or under the same management, theAssured shall have the same rights under this
insurance as they would have were the other vessel entirely the property of Owners not interested in the Vessel
hereby insured; but in such cases theliability for the collision or the amount payable for the services rendered shall be
referred to a sole arbitrator to be agreed upon between the Underwriters and the Assured.
如果保险船舶与全部或部分属于同一所有人所有,或在同一管理下的另一船舶碰撞,或接受该船的救助服务,
被保险人应享有的权利,与另一船完全属于与保险船舶无关的第三者时被保险人按本保险所应享有的权利相同;
但在此种情况下,有关碰撞责任及救助费用数额的确定,应提交给一个保险人和被保险人双方同意的独任仲裁员
裁决。
第 10 条 共同海损和救助条款(General Average and Salvage)
10 GENERAL AVERAGE AND SALVAGE
This insurance covers the Vessel’s proportion of salvage, salvage charges and/or general average, reduced in
respect of any under-insurance, but in case of general average sacrifice of theVessel the Assured may recover in respect
of the whole loss without first enforcing their right of contribution from other parties.
Adjustment to be according to the law and practice obtaining at the place where theadventure ends, as
if the contract of affreightment contained no special terms upon the subject; but where the contract of affreightment so
provides the adjustment shall be according to the York-Antwerp Rules.
When the Vessel sails in ballast, no under charter, the provisions of the York-Antwerp Rules, 1994(excluding
Rules XI(d),XX and XXI) shall be applicable, and the voyage for this purposeshall be deemed to continue from the port or
place of departure until the arrival of the Vessel atthe first port or place thereafter other than a port or place of refuge or a
port or place of call for bunkering only. If at any such intermediate port or place there is an abandonment of theadventure
originally contemplated the voyage shall thereupon be deemed to be terminated.
No claim under this Clause 10 shall in any case be allowed where the loss was not incurred to avoid or in
connection with the avoidance of a peril insured against.
No claim under this Clause 10 shall in any case be allowed for or in respect of
special compensation payable to a salvor under Article 14 of the International Convention on Salvage, 1989 or
under any other provision in any statute, rule , law or contract which is similar in substance
expenses or liabilities incurred in respect of damage to the environment, or the threat of such damage, or as a
consequence of the escape or release of pollutant substances from theVessel, or the threat of such escape or release.
Clause shall not however exclude any sum which the Assured shall pay to salvors for or in respect of salvage
remuneration in which the skill and efforts of the salvors in preventing or minimising damage to the environment
as is referred to in Article 13 paragraph 1(b) of theInternational Convention on Salvage, 1989 have been taken into account.
10 共同海损和救助
本保险承保保险船舶按比例分摊的救助报酬、救助费用及/或共同海损,并对任何不足额保险作相应扣减,
但若保险船舶发生共同海损牺牲,被保险人可以取得有关全部损失的保险赔偿,而无须先行使向他方要求分摊的
权利。
共同海损的理算应按照航程终止地的法律和惯例办理,如同货运合同中不含有适用法律的特殊条款;但在
货运合同已作规定的情况下,共损理算应按《约克安特卫普规则》办理。
当保险船舶空载航行且未出租船,共同海损的理算应适用 1994 年《约克-安特卫普规则》(第 19 条
(d)、第 20 条和第 21 条除外),为此目的的航程应自起运港或起运地持续至除避难港口或地点或仅为添加燃料
的挂靠港口或地点之外的船舶抵达的第一港口或地点为止。如果在上述任何一个中途港口或地点放弃原定冒险时,
该航程应视作在该处终止。
如果损失不是为避免承保危险而发生或与之有关,根据本第 10 条提出的索赔在任何情况下均不予认可。
为下述各项或与之有关的根据本第 10 条提出的索赔在任何情况下均不予认可
根据 1989 年《国际救助公约》第 14 条或根据实质上相似的任何成文法、规则、法律或合同中的任何其
他条款,向救助人支付的特别补偿。
环境损害或其威胁引起的,或者由于从保险船舶溢出或排出污染物质或其威胁所致的费用或责任。
然而,第 款不应排除 1989 年《国际救助公约》第 13 条第 1 款(b)项已经考虑的,救助人在防止或减
轻环境污染损害方面的技术和努力,被保险人应向救助人支付的有关救助报酬。
第 11 条 被保险人义务(施救费用)条款(Duty of Assured(Sue and Labour))
11 DUTY OF ASSURED (SUE LABOUR)
In case of any loss or misfortune it is the duty of the Assured and their servants and agents to take such measures
as may be reasonable for the purpose of averting or minimising a loss which would be recoverable under this insurance.
Subject to the provisions below and to Clause 12 the Underwriters will contribute to charges properly and
reasonably incurred by the Assured their servants or agents for such measures. General average, salvage charges (except as
provided for in Clause ), special compensation and expenses as referred to in Clause and collision defence or attack
costs are not recoverable under this 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 rights of either party.
When expenses are incurred pursuant to this Clause 11 the liability under this insuranceshall not
exceed the proportion of such expenses that the amount insured hereunder bears to thevalue of the Vessel as stated herein,
or to the sound value of the Vessel at the time of theoccurrence giving rise to the expenditure if the sound value
exceeds that value. Where theUnderwriters have admitted a claim for total loss and property insured by this
insurance is saved,the foreg