All Risk Insurance Policy

Transcription

1 IFFCO TOKIO General Insurance Company Limited Call Center: ,

2 All Risk Insurance Policy This Policy is evidence of the Contract between YOU and US. The proposal along with any written statement(s), declaration(s) of YOURS for purpose of this Policy forms part of this contract. This Policy witnesses that in consideration of YOUR having paid the premium for the period stated in the Schedule or for any further period for which WE may accept the payment for renewal of this Policy. WE will insure YOUR properties as specified in the Schedule during the period of Insurance and accordingly WE will indemnify YOU in respect of events occurring during the Period of Insurance in the manner and to the extent set forth in the Policy, provided that all the terms, conditions and exemptions of this Policy in so far as they relate to anything to be done or complied with by YOU have been met. The schedule shall form part of this Policy and the term Policy whenever used shall be read as including the Schedule. Any word or expression to which a specific meaning has been attached in any part of this Policy or of Schedule shall bear such meaning wherever it may appear. YOUR Policy is based on information which YOU have given US and the truth of these information shall be condition precedent to YOUR right to recover under this Policy. Definition of Words 1. Proposal It means any signed proposal by filling up the questionnaires and declarations, written statements and any information in addition thereto supplied to US by YOU or on YOUR behalf. 2. Policy It means the Policy Booklet, the Schedule and any applicable endorsements or memoranda. YOUR policy contains the details of the extent of the cover available to YOU, what is excluded from the cover and the conditions, warranties on which the Policy is issued. 3. Schedule It means the latest schedule issued by US as part of YOUR Policy. It provides details of YOUR Policy including full description of properties covered which are in force and the period of cover YOU have against the properties described. A Revised Schedule will be sent at each renewal and whenever YOU request for a change in the cover. 4. Sum Insured It means the Monetary Amounts shown against any item. 5. WE/OURS/US It means THE IFFCO-TOKIO GENERAL INSURANCE COMPANY LTD. 6. YOU/YOUR It means the person(s)/the Company/the entity named as Insured in the Schedule. 7. Insured item The item marketed by YOU through YOUR Dealer, which is the subject matter of insurance under this Policy and described in the Proposal and Schedule as the Insured item. 8. Insured Person The original customer to whom the insured item was sold by the Dealer. 9. Period of Insurance It means the duration of the Policy as shown in the Schedule. 10. Market Value It means the Replacement Value of insured property or item as New at the time of Damage or Loss IFFCO-TOKIO General Insurance Company Limited Page 2 of 9

3 11. Loss/Lost: It means the Damage or Loss. 12. Excess: It means the first part of any claim for which YOU are responsible. Any Sum Insured/Limit will apply after the Excess has been deducted. However, for this policy Excess is NIL. General Conditions 1. Reasonable Precaution and Care of Property YOU shall take all reasonable precautions for safety and soundness of Insured Property and to prevent the loss in order to minimise claims. YOU must comply with Maker s recommended actions for inspection and maintenance and shall comply all statutory requirements or other regulations and will employ only competent and honest employees. 2. Notice YOU will give every notice and communication in writing to OUR office through which this insurance is affected. 3. Misdescription This Policy shall be void and all premium paid by YOU to US shall be forfeited in the event of misrepresentation, misdescription or concealment of any material information. 4. Changes in Circumstances YOU/Insured person(s) must inform US, as soon as possible, of any change in information YOU/Insured person(s) have provided to US about yourself, the properties insured, location of risk which may affect the insurance cover provided. YOU/Insured person(s) must also notify US about any alteration made whereby risk of loss/damage is increased. In case of such alteration made and not accepted by US in writing, the cover under this policy shall cease. 5. Claim Procedure and Requirements Upon happening of an event giving rise or which may give rise to a claim: a) YOU/YOUR authorised representative or Insured person/insured person s authorised representative shall forthwith give notice in writing to OUR nearest office with a copy to Policy issuing office with full particulars. A written statement of the claim will be required and a claim form will be provided. This written statement of claim along with supporting documents (estimates, bill and the like) prepared at your expense or expense on your behalf along with particulars of other Insurances covering the same risk must be delivered to US within 14 days of date of Loss. b) YOU/Insured Person shall lodge a complaint with the Police at the earliest after happening of the incident and take all practicable steps to apprehend the guilty person and recover the property lost. c) YOU/Insured Person must notify the Railways, Steamship Company, Airline, Hotel proprietors or the authority in whose care the property was at the time of happening of any loss or damage.. 6. Claim Control and subrogation WE are entitled to a) Enter any place where Loss has occurred and deal with salvage but this does not mean that property can be abandoned to US. b) Receive all information, proof of damage and assistance from YOU/Insured Person and any other person seeking benefit under the Policy. c) Take proceedings at OUR own expenses and for OUR own benefit, but in YOUR/Insured person s name or in name of any other person who is claiming or has received benefit, for the purpose of enforcing any rights and remedies or obtaining relief or indemnity from other parties to which WE shall be or would become entitled or subrogated upon, to recover any payment made or due under this Policy. 7. Fraud IFFCO-TOKIO General Insurance Company Limited Page 3 of 9

4 If any fraudulent means or devices are used by YOU or the Insured Person or anyone acting on YOUR or on the Insured s Person behalf to obtain any benefits under the policy or if loss or damage be occasioned by Your wilful act or with Your connivance, all benefits under this policy in respect of such claims shall stand forfeited. 8. Contribution If at the time of happening of any loss covered by this Policy, there shall be existing any other Insurance of any nature covering the same property, whether effected by YOU or not, then WE will pay only rateable proportion. 9. Average The Insurance under this Policy (except as regards damage done to the Premises as stated in the Schedule) is subject to the following condition of Average If the property hereby insured shall at the time of any loss or damage be collectively of greater value than the sum insured thereon, then you shall be considered as being your own insurer for the difference and shall bear a rateable proportion of loss accordingly. Every item if more than one of the policy, shall be separately subject to this condition. 10. Cancellation WE may cancel this policy by sending 7 days notice in writing by Regd. A.D. to YOU/Insured Person at YOUR/Insured Person s last known address. YOU/Insured Person will not be entitled to a pro-rata refund of premium for the unexpired period of this policy from the date of cancellation, which WE are not liable to repay on demand. YOU may cancel this Policy by sending written Notice through Registered A.D. to US. Short Period of Cover Upto Refund of Annual Premium rate (%) 1 Month 75% 3 Months 50% 6 Months 25% Exceeding 6 Months NIL. 11. Arbitration Should any dispute arise between YOU and US on quantum of amount payable (liability being otherwise admitted by US), such dispute will independently of all other questions be referred to the decision of Arbitrator(s) in accordance with statutory provision of the country in force at that time. Further, when any dispute is referable or referred to Arbitration, the making of an award by Arbitrator(s) shall be a condition precedent to any right of action by YOU against US. 12. Disclaimer Clause If WE shall disclaim OUR liability in any claim, and such claim shall not have been made subject matter of a suit in a court of law within 12 months from the date of disclaimer, then the claim shall for all purposes be deemed to have been abandoned and shall not thereafter be recoverable under this Policy. 13. Interest/Penalty No sum payable under this policy shall carry any interest or penalty. 14. Geographical Scope The geographical scope of this policy will be India unless the policy has been specifically extended for worldwide coverage in which case the claims shall be settled in India in Indian rupees. The laws of India shall govern the provisions of this policy for the time being in force. The parties hereto unconditionally submit to the jurisdiction of the courts in India. 15. Renewal Notice: WE shall not be bound to accept any renewal premium or give notice that such premium is due. IFFCO-TOKIO General Insurance Company Limited Page 4 of 9

5 Scope of Contract Coverage If the Property insured belonging to YOU/Insured Person is damaged by any cause listed under What is covered, then WE will indemnify YOU/Insured Person to the extent of value of loss of contents.what is covered The ambit of this cover is Loss of or Damage to Property insured caused by Fire, Burglary, Theft or accident by involvement of a human agency any time during the period of Insurance. WE will not be liable for: What is not covered i) Damage caused by any process of cleaning, dyeing or bleaching, restoring, repairing or renovation or deterioration arising from wear and tear, moths, insects, vermin, mildew, inherent defect or any other gradually operating cause. Limit of Liability: - Our liability shall in no case exceed in respect of each item the sum insured thereon or in the whole the total sum insured or such other sum or sums as may be substituted there for, by any endorsement during any one period of insurance. ii) Damage due to breakage, cracking or scratching of household goods, foodstuff, domestic appliances, crockery, glass, cameras, binoculars, lenses, sculptures, curios, pictures, musical instruments, sports gear and similar articles of brittle or fragile nature unless caused by fire or accident to conveyance by which it is conveyed. iii) Damage: a) To property insured caused by its undergoing any heating process or any process involving the application of heat. b) Due to theft or attempted theft by or in connivance with you or your family. c) Due to any person obtaining property by deception. d) Mechanical or electrical breakdown or failure. e) Market depreciation or improper maintenance. f) To electrical equipment by its short circuiting or over-running not resulting into fire. g) To gaming and amusement machines or other machines or equipment which is provided for operation other than by you. h) Due to theft from any unattended vehicle unless the vehicle and all the doors, windows and other openings are securely locked and properly fastened. iv) Damage to money, securities, manuscripts, deeds, bonds, bills of exchange, promissory notes, stocks or share certificates, stamps and travelers cheques, business books or documents. v) Any living creature. vi) Cost of remaking any film, disc, tape or the value of any information contained in it. vii) Loss directly or indirectly occasioned by or happening through or in consequence of war, Invasion act of foreign enemy, hostilities (whether war be declared or not), Civil war, rebellion, revolution, Insurrection, Military or usurped power, Confiscation, nationalisation or loot pillage in connection therewith. viii) Any Loss arising from or in consequence of requisition or destruction by or under order of any Public Authority. ix) a) Loss to any property whatsoever or any expenses whatsoever resulting or arising there from or any consequential loss. IFFCO-TOKIO General Insurance Company Limited Page 5 of 9

6 b) Any legal liability of whatsoever nature; Directly or indirectly caused by or contributed to by or arising from ionising radiation or contamination by radio activity from any source whatsoever. x) Any Loss arising out of Riot & Strike, Terrorism, Earthquake, Malicious Damage, Storm, Tempest, Flood, Inundation, Hurricane, Torando, Act of God perils, Landslide, Subsidence, Explosion, Implosion, Lightning, Aircraft Damage, Impact Damage, Missile Testing Operation, Leakage from Automatic Sprinkler Installation, Bursting or Overflowing of Water Tanks Apparatus & Pipes, Bush Fire xi) Any repair carried out by anyone other than authorised service providers of the insured item. Special Conditions 1. Reinstatement of Sum Insured No sum insured or limit will be reduced following a claim, but the payment for total loss for any one article will extinguish the cover for that and overall sum insured will be adjusted accordingly, but no refund of premium will be allowed for the remainder of the period of insurance. 2. Indemnity WE may at OUR option reinstate, replace or repair the property or any part thereof or pay the amount of Loss/damage or may join with any other Insurer(s) in doing so, but WE shall not be bound to reinstate exactly or completely but only as circumstances permit and in reasonably sufficient manner and in no case WE shall be bound to expend more in reinstatement than it would cost to reinstate such property as it was at the time of occurrence of such damage, nor more than the Sum Insured thereon. Upon payment of any claim under this policy, the property in respect of which the payment is made shall belong to us. 3. Transfer of Interest This Policy shall cease to attach to any property in which YOUR/Insured Person s interest shall pass from YOU/Insured Person otherwise than by will or operation of law, Unless OUR consent to the continuance of the Insurance is obtained and signified on the Policy. 4. Onus of Proof In any action, suit or other proceedings where WE allege that by reason of the above provisions any damage is not covered by this Insurance, the burden of proving that such damage is covered shall be upon YOU. 5. Single article limit Unless specifically and separately stated, our liability in respect of each article or pairs of articles shall not exceed 10% of the total sum insured under this policy. 6. Articles in pairs or sets Where any item insured under this policy consists of articles in pair or set, our liability in respect of such items shall not exceed the value of any particular part or parts which may be lost or damaged without reference to any special value which such articles or articles may have as part of such pair or set nor more than a proportionate part of insured value of pair or set. IFFCO-TOKIO General Insurance Company Limited Page 6 of 9

7 Policy Clauses/Endorsement Wordings Following are the wordings of the endorsements/ clauses attached with the policy issued. Only those endorsements/clauses stands covered which are mentioned on the schedule of the policy. Rest of the endorsements/clauses stands deleted for all purposes. The applicable clauses/endorsements mentioned on the schedule are part of the policy and shall be taken into account for interpretation and determination of liability under the policy. Terrorism Damage Exclusion Warranty Notwithstanding any provision to the contrary within this insurance 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 act of terrorism regardless of any other cause or event contributing concurrently or in any other sequence to the loss. For the purpose of this endorsement an 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 organisation(s) or government(s), committed for political, religious, ideological or similar purpose including the intention to influence any government and/or to put the public, or any section of the public in fear. The Warranty also excludes loss, damage, cost or expenses 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 action taken in respect of any act of terrorism. If the Company alleges that by reason of this exclusion, any loss, damage, cost or expenses is not covered by this insurance the burden of proving the contrary shall be upon the insured. In the event any portion of this endorsement is found to be invalid or unenforceable, the remainder shall remain in full force and effect. Basis of Indemnity a) In cases where an item can be repaired the company will pay expenses necessarily incurred to restore the damaged machine to its former state of serviceability plus the cost of dismantling and re-erection incurred for the purpose of effecting the repairs as well as ordinary freight to an from a repair shop customs duties and dues if any, to the extent such expenses have been included in the sum insured. If the repairs are executed at a workshop owned by the insured, the company will pay the cost of materials and wages incurred for the purpose of the repairs plus a reasonable percentage to cover overhead charges. No deduction shall be made for depreciation in respect of parts replaced, except those with limited life, but the value of any salvage will be taken in to account. If the cost of repairs as detailed herein above equals or exceeds the actual value of the machinery insured immediately before the occurrence of the damage, the settlement shall be made on the basis provided for in (b) below. b) In cases where an insured item is a total loss, the Company will pay the actual value of the item immediately before the occurrence of the loss, including costs for ordinary freight, erection and custom duties if any, provided such expenses have been included in the sum insured, such actual value to be calculated by deducting proper depreciation from the replacement value of the item. The Company will also pay any normal charges for the dismantling of the machinery destroyed, but the salvage will be taken in to account. Any extra charges incurred for overtime, night work, work on public holidays, express freight, are covered by this insurance only if especially agreed to in writing. In the event of the Maker s drawings, patterns and core boxes necessary for the execution of a repair not being available the Company shall not be liable for the cost of making any such drawings, patterns and core boxes. The cost of any alterations, improvements or overhauls shall not be recoverable under this policy. The cost of any provisional repairs will be borne by the Company if such repairs constitute part of the final repairs, and do not increase the total repair expenses. IFFCO-TOKIO General Insurance Company Limited Page 7 of 9

8 In case where the insured item is subjected to total loss and meanwhile it becomes obsolete, all costs necessary to replace the lost or damaged insured item with a follow up model (similar type) of similar structure / configuration (of similar quality) i.e. low, average or high capacity will be reimbursed. If the sum insured is less than the amount required to be insured as per Provision 1 herein above, the Company will pay only in such proportion as the sum insured bears to the amount required to be insured. Every item if more than one shall be subject to this condition separately. The Company will make payments only after being satisfied, by production of necessary bills and documents, that the repairs have been effected or replacements have taken place, as the case may bethe Company may however, not insist for bills and documents in case of total loss where the insured is unable to replace the damaged equipment for reasons beyond their control. In case of total loss where the insured is unable to replace the damaged equipment for reasons beyond their control in such cases claims can be settled on Indemnity basis Reinstatement Premium At all times during the period of insurance of this Policy the insurance cover will be maintained to the full extent of the respective sum insured in consideration of which upon the settlement of any loss under this policy, pro-rata premium for the unexpired period from the date of such loss to the expiry of period of insurance for the amount of such loss shall be payable by the insured to the Company. The additional premium referred above shall be deducted from the net claim amount payable under the policy. This continuous cover to the full extent will be available notwithstanding any previous loss for which the company may have paid hereunder and irrespective of the fact whether the additional premium as mentioned above has been actually paid or not following such loss. The intention of this condition is to ensure continuity of the cover to the insured subject only to the right of the company for deduction from the claim amount, when settled, of pro-rata premium to be calculated from the date of loss till the expiry of the policy. Notwithstanding what is stated above, the Sum insured shall stand reduced by the amount of loss in case the insured immediately on occurrence of the loss exercises his option not to reinstate the Sum insured as above. IFFCO-TOKIO General Insurance Company Limited Page 8 of 9

9 IFFCO TOKIO Product Protection Plan What is the offer: This Insurance Scheme Offer is to protect only the following Samsung products purchased exclusively from select Samsung Smart Plaza. o 32 Full High Definition & above Panels o Home Theatre/Speaker systems with MRP 20000/- & above o Frost Free Home / CBU / Side by Side Refrigerators o Fully Automatic Top Load 6.5Kg+ and all Fully Automatic Front Load Washing Machine o 3 Star / 5 Star / Inverter Air Conditioners o Convection Microwave Oven o Vacuum Cleaners & Air Purifier How can I avail the Offer? The buyer of the above products, intending to avail this Insurance Scheme Offer, shall mandatorily have to register the product with necessary details with M/s IFFCO TOKIO General Insurance Co. Limited (hereinafter referred to as IFFCO TOKIO ) within seven (7) days of the purchase of the product. This insurance scheme shall be activated only for those buyers who register their products with complete details within seven (7) days from the purchase of the products, whereas no registration shall be accepted if it is beyond the mentioned days. What is Coverage under the Insurance Scheme offer? Under this Insurance Scheme Offer products purchased from select Samsung Smart Plaza will be protected against Fire, Burglary, Theft and Accidental Damage at a location and address as specified in the invoice copy as place of installation and storage of the product and shall be subject to terms and conditions, and wordings of IFFCO TOKIO s ALL RISK POLICY. The insurance protections shall be for a period of one (1) year from the date of purchase of the above products and will be available only to those buyers of products who have registered with IFFCO TOKIO to avail the said insurance offer with IFFCO TOKIO within 7 days of the purchase of the above product. How do I register to avail of Insurance Scheme Offer? In order to register the buyer of the above product shall have to either visit the IFFCO TOKIO s website( and enter the requisite details or can make a call at IFFCO TOKIO s toll free call centre no On registration, IFFCO TOKIO shall provide a registration acknowledgment through to the customer. It is clarified and represented that mere acknowledgment of registration cannot be construed as acceptance of coverage by IFFCO TOKIO and Insurance protection shall be subject to the fulfillment of the conditions of this insurance scheme offer. What is the Limit of Liability under the Insurance scheme? The Liability of IFFCO TOKIO under the scheme shall be subject to accumulated limit of INR 7,00,000/- (INR Seven Lakhs Only) per customer for all claims for all products registered with IFFCO TOKIO. Claims arising from more than one incident shall have to be claimed as separate claim. Each claim shall be subject to a deductible amount of 10% of the claim amount or INR 1,000/- (INR One Thousand Only/-) whichever is higher. IFFCO TOKIO in its discretion may reinstate, replace or repair the property or any part thereof or pay the amount of Loss/damage and shall not be bound to reinstate exactly or completely but only as circumstances permit and in reasonably sufficient manner. In no case, IFFCO Tokio shall be bound to expend more in reinstatement than it would cost to reinstate such property as it was at the time of occurrence of such damage, nor more than the invoice value of the product. Upon payment of any claim under this policy, the property in respect of which the payment is made shall belong to ITGI. Whom should I call for a claim? Intimation of Claim to IFFCO TOKIO shall be accepted at toll free call centre No if called within [14] days. In case of losses arising from Theft, Robbery, Dacoity or Burglary a police report of having registered the case with police within 24 hrs of the occurrence would be required. Customers must also preserve the original purchase invoice as it will be required for verification at the time of making any claims. What is the IFFCO-TOKIO s helpline number? All correspondence/queries with regard to this scheme shall be directly addressed to and will be dealt by IFFCO TOKIO Customer Care. The customer can write on customer care or call on the toll free number i.e., is IFFCO-TOKIO General Insurance Company Limited Page 9 of 9