INSTITUTE CARGO CLAUSES (A)

Transcription

1 1/1/ 83 (FOR USE ONLY WITH THE NEW MARINE POLICY FORM) INSTITUTE CARGO CLAUSES (A) RISKS COVERED 1. This insurance covers all risks of loss of damage to the subject-mattter insured except as provided in Risks s 4,5,6 and 7 below, 2 This insurance covers general average and salvage charges, adjusted determined accding to the contract General of affreigtment and / the governing law and practice, incurred to avoid in connection with the avoidance Average of loss from any cause except those excluded in s 4,5, 6 and 7 elsewhere in this insurance clauses 3. This insurance is extended to indemnify the Assured against such proption of liability under the contract of affreightment "Both to "Both to Blame Collision" as is in respect of a loss recoverable hereunder. In the event of any claim by shipowners Blame under the said the Assured agree to notify the Under-writers who shall have the right, at their own cost and expense, Collision" to defend the Assured against such claim. EXCLUSIONS 4 in no case shall this insurance cover General 4.1 loss damage expense attributable to wilful misconduct of the Assured Exclusion 4.2 dinary leakage, dinary loss in weight volume, dinary wear and tear of the subject- matter insured 4.3 loss damage expense caused by insufficiency unsuitability of packing perparation of the subject-matter insured (f the purpose of this 4.3"packing" shall be deemed to include stowage in a container liftvan but only when such stowage is carried out pri to attachment of this insurance by the Assured to their servants) 4.4 loss damage expense caused by inherent vice nature of the subject-matter insured 4.5 loss damage expense proximately caused by delay, even.though the delay, be caused by a risk insured against (except expenses payable under 2 above) 4. 6 loss damage expense arising from insolvency financial default of the owners managers charterers operats of the vessel 4.7 loss damage expense arising from the use of any weapon of war employing atomic nucler fission and / fusion other like reaction radioactive fce matter In no case shall this insurancc cover loss damage expense arising from unseawthiness of Unseawthiness vessel craft, and unfitness unfitness of vessel craft conveyance container liftvan f the safe carriage of the subject-matter insured, Exclusion where the Assured their servants are privy to such unseawthiness unfitness, at the time the subject -matter insured is loaded therein. 5.2 The Underwriters waive any breach of the implied warranties of seawthiness of the ship and fitness of the ship to carry the subject-matter insured to destination, unless the Assured their servants are privy to such unseawthiness unfitness. 6 In no case shall this insurancc cover loss damage expense caused by war 6.1 war civil war revolution rebellion insurrection, civil strife arising therefrom, any hostile act by against Exclusion a belligerent power 6. 2 capture seizure arrest restraint detainment ( piracy excepted ), and the consequences thereof any attempt thereat 6.3 derelict mines tpedoes bombs other derelict weapons of war. 7 In no case shall this insurancc cover loss damage expense Strikers 7.1 caused by strikers, locked-out wkmen, persons taking part in labour disturbances, riots civil Exclusion Commotions 7.2 resulting from strikes, lock-outs labour disturbances, riots civil commotions 7. 3 caused by any terrist any person acting from a political motive.

2 DURATION This insurance attaches from the time the goods leave the warehouse place of stage at the Transit place named herein Transit f the commencement of the transit, continues during the dinary course of transit and terminates either on delivery to the Consignees' other final warehouse place of stage at the destination named herein, on delivery to any other warehouse place of stage, whether pri to at the destination named herein, which the Assured elect to use either f stage other than in the dinary course of transit f allocation distribution, on expiry of 60 days after completion of discharge overside of the goods hereby insured from the oversea vessel at the final pt of discharge, whichever shall first occur If, after discharge overside from the oversea vessel at the final pt of discharge, but pri to termination of this insurance, the goods are to be fwarded to a destination other than that to which they are insured hereunder, this insurance, whilst remaining subject to termination as provided f above, shall not extend beyond the commencement of transit to such other destination 8.3 This insurance shall remain in fce ( subject to termination as provided f above and to the provisions of 9 below) during delay beyond the control of the Assured, any deviation, fced discharge, reshipment transhipment and during any variation of the adventure arising from the exercise of a liberty granted to shipwoners charterers under the contract of affreightment. 9 If owing to circumstances beyond the control of the either the contract of carriage is terminated at a pt Termination place other than the destination named therein the transit is otherwise terminated befe delivery of the goods of contract as provided f in 8 above, then this insurance shall also terminate unless prompt notice is given to the Underwriters of carriage and continuation of cover is requested when the insurance shall remain in fce, subject to an additional premium if required by the Underwriters, either 9.1 until the goods are sold and delivered at such pt place, unless otherwise specially agreed; until the expiry of 60 days after arrival of the goods hereby insured at such pt place, whichever shall fiirst occur, 9.2 if the goods are fwarded within the said period of 60 days ( any agreed extension thereof ) to the destination named herein to any other destination, until terminated in accdance with the provisions of 8 above 10. Where, after attachment of this insurance, the destination is changed by the Assured, held covered at a premium and on Change of conditions to be arranged subject to prompt notice being given to the Underwriters, Voyage CLAIMS In der to recover under this insurance the Assured must have an insurable interest in the subjectmatter insured Insurable at the time of the loss interest 11.2 Subject to 11.1 above, the Assured shall be entitled to recover f insured loss occurring during the period covered by this insurance, notwithstanding that the loss occurred befe the contract of insurance was conciuded, 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 pt Fwarding place other than that to which the subject-matter is covered under this insurance, the Underwriters will reimburse Charges the Assured f any extra charges properly and reasonably incurred in unloading sting and fwarding the subject-matter to the destination to which it is insured hereunder. This 12, which does not apply to general average salvage charges, shall be subject to the exclusions contained in s, 4, 5, 6 and 7 above, and shall not include charges arising from the fault negligence insolvency financial default of the Assured their servants. 13 No claim f Constructive Total Loss shall be recoverable hereunder unless the subject-matter insured is reasonably Constructive abandoned either on account of its actual total loss appearing to be unavoidable because the cost of recovering, Total Loss reconditioning and fwarding the subject-matter to the destination to which it is insured would exceed its value on arrival If any Increased Value insurance is effected by the Assured on the cargo insured herein the agreed value of the cargo Increased shall be deemed to be increased to the total amount insured under this insurance and all Increased Value insurances Value covering the loss, and liability under this insurance shall be in such proption as the sum insured herein bears to such total amount insured. other insurances 14.2 where this insurance is on increased value the following clause shall apply : The agreed value of the cargo shal 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 proption as the sum insured herein bears to such total amount insured. other insurances.

3 BENEFIT OF INSURANCE Not to 15 This insurance shall not insure to the benefit of the carrier other bailee. Inure MINIMISING LOSSES 16. It is the duty of the Assured and their servants and agents in respect of loss recoverable here under. Duty of 16.1 to take such measures as may be reasonable f the purpose of averting minimsing such loss, Assured and 16.2 to ensure that all rights against carriers, bailees other third parties are properly preserved and excercised and the Underwriters will, in addition to any loss recoverable hereunder, reimburse the Assured f any charges properly and reasonably incurred in pursurnce of these duties 17. Measures taken by the Assured the Underwriters with the object of saving, protecting recovering Waiver the subject-matter insured shall not be considered as a Waiver acceptance of abandonment otherwige 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 Reasonable within their control Despatch LAW AND PRACTICE 19 This insurance is subject to Bangladesh law and practice. Bangladesh law and practice Note : - It is necessary f 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

4 (33) 1/1/ 83 (FOR USE ONLY WITH THE NEW MARINE POLICY FORM) INSTITUTE CARGO CLAUSES (B) RISKS COVERED 1. This insurance covers except as provided in s 4,5,6 and 7 below, Risks 1.1 loss of damage to the Subject-matter insured reasonably attributable to fire explosion vessel craft being stranded grounded sunk capsized overturning derailment of land conveyance collision contact of vessel craft conveyance with any external object other than water discharge of cargo at a pt of distress earthquake volcanic eruption lightning, 1. 2 loss of damage to the subject-matter insured caused by general average sacrifice jettison washing overboard entry of sea lake river water into vessel craft hold conveyance container liftvan place of stage, 1.3 total loss of any package lost overboard dropped whilst loading on to, unloading from, vessel craft. 2. This insurance covers general average and salvage charges, adjusted determined accding to the contract of General affreigtment and / the governing law and practice, incurred to avoid in connection with the avoidance of loss from any cause except those excluded in s 4,5, 6 and 7 elsewhere in this insurance Average 3. This insurance is extended to indemnify the Assured against such proption of liability under the contract of affreightment "Both to "Both to Blame Collision" as is in respect of a loss recoverable hereunder. In the event of any claim by shipowners Blame under the said the Assured agree to notify the Under-writers who shall have the right, at their own cost and expense, Collision" to defend the Assured against such claim. EXCLUSIONS 4 in no case shall this insurance cover General 4.1 loss damage expense attributable to wilful misconduct of the Assured Exclusion 4.2 dinary leakage, dinary loss in weight volume, dinary wear and tear of the subject- matter insured 4.3 loss damage expense caused by insufficiency unsuitability of packing perparation of the subjectmatter insured (f the purpose of this 4.3"packing" shall be deemed to include stowage in a container liftvan but only when such stowage is carried out pri to attachment of this insurance by the Assured to their servants) 4.4 loss damage expense caused by inherent vice nature of the subject-matter insured 4.5 loss damage expense proximately caused by delay, even.though the delay, be caused by a risk insured against (except expenses payable under 2 above) 4. 6 loss damage expense arising from insolvency financial default of the owners managers charterers operats of the vessel 4.7 deliberate damage to deliberate destruction of the subject-matter insured any part thereof by the wrongful act of any person persons 4.8 loss damage expense arising from the use of any weapon of war employing atomic nucler fission and / fusion other like reaction radioactive fce matter In no case shall this insurancc cover loss damage expense arising from unseawthiness of unseawthines vessel craft, and unfitnes Exclusion unfitness of vessel craft conveyance container liftvan f the safe carriage of the subject-matter insured, where the Assured their servants are privy to such unseawthiness unfitness, at the time the subject -matter insured is loaded therein. 5.2 The Underwriters waive any breach of the implied warranties of seawthiness of the ship and fitness of the ship to carry the subject-matter insured to destination, unless the Assured their servants are privy to such unseawthiness unfitness.

5 6 In no case shall this insurancc cover loss damage expense caused by War Exclusion 6.1 war civil war revolution rebellion insurrection, civil strife arising therefrom, any hostile act by against a belligerent power 6. 2 capture seizure arrest restraint detainment and the consequences there of any attempt thereat 6.3 derelict mines tpedoes bombs other derelict weapons of war. 7 In no case shall this insurancc cover loss damage expense 7.1 caused by strikers, locked-out wkmen, persons taking part in labour disturbances, riots civil Exclusion Strikes Commotions Exclusion 7.2 resulting from strikes, lock-outs labour disturbances, riots civil commotions 7. 3 caused by any terrist any person acting from a political motive. DURATION This insurance attaches from the time the goods leave the warehouse place of stage at the Transit place named Transit herein f The commencement of the transit, continues during the dinary course of transit and terminates either on delivery to the Consignees' other final warehouse place of stage at the destination named herein, on delivery to any other warehouse place of stage, whether pri to at the destination named herein, which the Assured elect to use either f stage other than in the dinary course of transit f allocation distribution, on expiry of 60 days after completion of discharge overside of the goods hereby insured from the oversea vessel at the final pt of discharge, whichever shall first occur If, after discharge overside from the oversea vessel at the final pt of discharge, but pri to termination of this insurance, the goods are to be fwarded to a destination other than that to which they are insured hereunder, this insurance, whilst remaining subject to termination as provided f above, shall not extend beyond the commencement of transit to such other destination 8.3 This insurance shall remain in fce ( subject to termination as provided f above and to the provisions of 9 below) during delay beyond the control of the Assured, any deviation, fced discharge, reshipment transhipment and during any variation of the adventure arising from the exercise of a liberty granted to shipwoners charterers under the contract of affreightment. 9 If owing to circumstances beyond the control of the either the contract of carriage is terminated at a pt Termination place other than the destination named therein the transit is otherwise terminated befe delivery of the goods of contract as provided f in 8 above, then this insurance shall also terminate unless prompt notice is given to the Underwriters of carriage and continuation of cover is requested when the insurance shall remain in fce, subject to an additional premium if required by the Underwriters, either 9.1 until the goods are sold and delivered at such pt place, unless otherwise specially agreed; until the expiry of 60 days after arrival of the goods hereby insured at such pt place, whichever shall fiirst occur, 9.2 if the goods are fwarded within the said period of 60 days ( any agreed extension there of ) to the destination named herein to any other destination, until terminated in accdance with the provisions of 8 above 10. Where, after attachment of this insurance, the destination is changed by the Assured, held covered at a premium and on Chang of conditions to be arranged subject to prompt notice being given to the Underwriters, Voyage CLAIMS In der to recover under this insurance the Assured must have an insurable interest in the subjectmatter insured Insurable at the time of the loss interest 11.2 Subject to 11.1 above, the Assured shall be entitled to recover f insured loss occurring during the period covered by this insurance, notwithstanding that the loss occurred befe the contract of insurance was conciuded, 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 pt Fwarding place other than that to which the subject-matter is covered under this insurance, the Underwriters will reimburse Charges the Assured f any extra charges properly and reasonably incurred in unloading sting and fwarding the subject-matter to the destination to which it is insured hereunder. This 12, which does not apply to general average salvage charges, shall be subject to the exclusions contained in s, 4, 5, 6 and 7 above, and shall not include charges arising from the fault negligence insolvency financial default of the Assured their servants. 13 No claim f Constructive Total Loss shall be recoverable hereunder unless the subject-matter insured is reasonably Constructive abandoned either on account of its actual total loss appearing to be unavoidable because the cost of recovering, Total Loss reconditioning and fwarding the subject-matter to the destination to which it is insured would exceed its value on arrival.

6 If any Increased Value insurance is effected by the Assured on the cargo insured herein the agreed value of the cargo Increased shall be deemed to be increased to the total amount insured under this insurance and all Increased Value insurances Value covering the loss, and liability under this insurance shall be in such proption as the sum insured herein bears to such total amount insured. other insurances 14.2 where this insurance is on increased value the following clause shall apply : The agreed value of the cargo shal 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 proption as the sum insured herein bears to such total amount insured. other insurances. BENEFIT OF INSURANCE 14 This insurance shall not insure to the benefit of the carrier other bailee Not to Insure MINIMISING LOSSES 16. It is the duty of the Assured and their servants and agents in respect of loss recoverable here under. Duty of 16.1 to take such measures as may be reasonable f the purpose of averting minimsing such loss, Assured and 16.2 to ensure that all rights against carriers, bailees other third parties are properly preserved and excercised and the Underwriters will, in addition to any loss recoverable hereunder, reimburse the Assured f any charges properly and reasonably incurred in pursurnce of these duties 17. Measures taken by the Assured the Underwriters with the object of saving, protecting recovering Waiver the subject-matter insured shall not be considered as a Waiver acceptance of abandonment otherwige 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 Reasonable within their control Despatch LAW AND PRACTICE 19 This insurance is subject to Bangladesh law and practice. Bangladesh Law and practice Note : It is necessary f 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 CL 253 Sold by Witherby & Co.Ltd., London

7 (34) 1/1/ 83 (FOR USE ONLY WITH THE NEW MARINE POLICY FORM) INSTITUTE CARGO CLAUSES (C) RISKS COVERED 1. This insurance covers except as provided in s 4,5,6 and 7 below, Risks 1.1 loss of damage to the Subject-matter insured reasonably attributable to fire explosion vessel craft being stranded grounded sunk capsized overturning derailment of land conveyance collision contact of vessel craft conveyance with any external object other than water discharge of cargo at a pt of distress 1. 2 loss of damage to the subject-matter insured caused by general average sacrifice jettison 2 This insurance covers general average and salvage charges, adjusted determined accding to the contract General of affreigtment and / the governing law and practice, incurred to avoid in connection with the avoidance Average of loss from any cause except those excluded in s 4,5, 6 and 7 elsewhere in this insurance. 3. This insurance is extended to indemnify the Assured against such proption of liability under the contract of affreightment "Both to Blame "Both to Blame Collision" as is in respect of a loss recoverable hereunder. In the event of any claim by shipowners Collision" under the said the Assured agree to notify the Under-writers 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 expense attributable to wilful misconduct of the Assured 4.2 dinary leakage, dinary loss in weight volume, dinary wear and tear of the subject- matter insured General Exclusions 4.3 loss damage expense caused by insufficiency unsuitability of packing preparation of the subject- matter insured (f the purpose of this 4.3"packing" shall be deemed to includes towage in a container liftman but only when such stowage is carried out pri to attachment of this insurance by the Assured to their servants) 4.4 loss damage expense caused by inherent vice nature of the subject-matter insured 4.5 loss damage expense proximately caused by delay, even. though the delay, be caused by a risk insured against (except expenses payable under 2 above) 4. 6 loss damage expense arising from insolvency financial default of the owners managers chatterers operats of the vessel 4.7 deliberate damage to deliberate destruction of the subject-matter insured any part thereof by the wrongful act of any person persons 4.8 loss damage expense arising from the use of any weapon of war employing atomic nucler fission and / fusion other like reaction radioactive fce matter In no case shall this insurance cover loss damage expense arising from unseawthiness of Unseawthiness vessel craft, and unfitness unfitness of vessel craft conveyance container liftvan f the safe carriage of the subject-matter insured, where the Assured their servants are privy to such unseawthiness unfitness, at the time the subject -matter insured is loaded therein. 5.2 The Underwriters waive any breach of the implied warranties of seawthiness of the ship and fitness of the ship to carry the subject-matter insured to destination, unless the Assured their servants are privy to such unseawthiness unfitness. Exclusion

8 6 In no case shall this insurance cover loss damage expense caused by war 6.1 war civil war revolution rebellion insurrection, civil strife arising there from, any hostile act by against Exclusion a belligerent power 6. 2 capture seizure arrest restraint detainment and the consequences there of any attempt thereat 6. 3 derelict mines tpedoes bombs other derelict weapons of war. 7 In no case shall this insurance cover loss damage expense Srikes 7.1 caused by strikers, locked-out wkmen, persons taking part in labour disturbances, riots civil Exclusion Commotions 7.2 resulting from strikes, lock-outs labour disturbances, riots civil commotions 7. 3 caused by any terrist any person acting from a political motive. DURATION This insurance attaches from the time the goods leave the warehouse place of stage at the Transit place named transit herein f The commencement of the transit, continues during the dinary course of transit and terminates either on delivery to the Consignees' other final warehouse place of stage at the destination named herein, on delivery to any other warehouse place of stage, whether pri to at the destination named herein, which the Assured elect to use either f stage other than in the dinary course of transit f allocation distribution, on expiry of 60 days after completion of discharge overside of the goods hereby insured from the oversea vessel at the final pt of discharge, whichever shall first occur If, after discharge overside from the oversea vessel at the final pt of discharge, but pri to termination of this insurance, the goods are to be fwarded to a destination other than that to which they are insured hereunder, this insurance, whilst remaining subject to termination as provided f above, shall not extend beyond the commencement of transit to such other destination 8.3 This insurance shall remain in fce ( subject to termination as provided f above and to the provisions of 9 below) during delay beyond the control of the Assured, any deviation, fced discharge, reshipment transshipment and during any variation of the adventure arising from the exercise of a liberty granted to shipwoners charterers under the contract of affreightment. 9 If owing to circumstances beyond the control of the either the contract of carriage is terminated at a pt Place Termination other than the destination named therein the transit is otherwise terminated befe delivery of the goods as provided of Contract f in 8 above, then this insurance shall also terminate unless prompt notice is given to the Underwriters and continuation carriage of cover is requested when the insurance shall remain in fce, subject to an additional premium if required by the Underwriters, either 9.1 until the goods are sold and delivered at such pt place, unless otherwise specially agreed; until the expiry of 60 days after arrival of the goods hereby insured at such pt place, whichever shall fiirst occur, 9.2 if the goods are fwarded within the said period of 60 days ( any agreed extension there of ) to the destination named herein to any other destination, until terminated in accdance with the provisions of 8 above 10 Where, after attachment of this insurance, the destination is changed by the Assured, held covered at a premium and on Chang of conditions to be arranged subject to prompt notice being given to the Underwriters. Voyage CLAIMS In der to recover under this insurance the Assured must have an insurable interest in the subjectmatter insured Insurable at the time of the loss interest 11.2 Subject to 11.1 above, the Assured shall be entitled to recover f insured loss occurring during the period covered by this insurance, notwithstanding that the loss occurred befe the contract of insurance was conciuded, 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 pt Fwarding place other than that to which the subject-matter is covered under this insurance, the Underwriters will reimburse Charges the Assured f any extra charges properly and reasonably incurred in unloading sting and fwarding the subject- matter to the destination to which it is insured hereunder. This 12, which does not apply to general average salvage charges, shall be subject to the exclusions contained in s, 4, 5, 6 and 7 above, and shall not include charges arising from the fault negligence insolvency financial default of the Assured their servants. 13 No claim f Constructive Total Loss shall be recoverable hereunder unless the subject-matter insured is reasonably Constructive abandoned either on account of its actual total loss appearing to be unavoidable because the cost of recovering, reconditioning Total Loss and fwarding the subject-matter to the destination to which it is insured would exceed its value on arrival.

9 If any Increased Value insurance is effected by the Assured on the cargo insured herein the agreed value of the cargo Increased shall be deemed to be increased to the total amount insured under this insurance and all Increased Value insurances value covering the loss, and liability under this insurance shall be in such proption as the sum insured herein bears to such total amount insured. other insurances 14.2 where this insurance is on increased value the following clause shall apply : The agreed value of the cargo shal 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 proption as the sum insured herein bears to such total amount insured. other insurances. BENEFIT OF INSURANCE 15 This insurance shall not inure to the benefit of the carrier other bailee. Not to Inure MINIMISING LOSSES 16. It is the duty of the Assured and their servants and agents in respect of loss recoverable here under. Duty of 16.1 to take such measures as may be reasonable f the purpose of averting minimsing such loss, Assured and 16.2 to ensure that all rights against carriers, bailees other third parties are properly preserved and excercised and the Underwriters will, in addition to any loss recoverable hereunder, reimburse the Assured f any charges properly and reasonably incurred in pursurnce of these duties 17. Measures taken by the Assured the Underwriters with the object of saving, protecting recovering Waiver the subject-matter insured shall not be considered as a Waiver acceptance of abandonment otherwige 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 Reasonable within their control Despatch LAW AND PRACTICE 19 This insurance is subject to Bangladesh law and practice. Bangladesh Law and practice Note:- It is necessary f 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 coveris dependent upon compliance with this obligation.