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 English 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.