General Terms and Conditions of Business Interruption Insurance

Transcription

1 Ubezpieczenia majątkowe General Terms and Conditions of Business Interruption Insurance Allianz ubezpieczenia od A do Z

2 Table of Contents Introductory provisions Subject-matter insured Property damage. Scope of insurance Loss of gross profit resulting from interruption of business Expenditure for mitigation of loss of gross profit. Insurance of additional costs Place of insurance; loss at suppliers and/or customers ; loss resulting from lack of access Conclusion of contract of insurance. Inception and termination of period of insurance Calculation of premium. Payment of premium Maximum indemnity period. Sum insured on gross profit Insurable value. Period of assessment Additional indemnity. Adjustment of premium Calculation of compensation for loss of gross profit. Under-insurance Loss adjustment procedure Appraisal procedure Payment of compensation Duties of Insurance Taker Deductible Final provisions

3 General Terms and Conditions of Business Interruption Insurance The Polish text shall prevail Introductory provisions 1. On the basis of these General Terms and Conditions of Business Interruption Insurance, hereinafter referred to as GTCBII, the Allianz Polska Insurance Company plc., hereinafter referred to as Allianz, concludes contracts of insurance against loss of profit resulting from interruption of business due to property damage with those Insured who have a capacity to enter into legal transactions. 2. The General Terms and Conditions of Industrial Property Insurance, hereinafter referred to as GTCIPI, approved on the strength of Resolution No. 93/2007 dated of the Executive Board of the TU Allianz S.A. and constituting in this respect an integral part of the contract of insurance, shall apply, unless otherwise provided in these GTCBII. 1. Subject-matter insured 1. The subject-matter insured is gross profit, which for the purpose of these GTCBII comprises operating profit ( 3 Item 2) and standing charges ( 3 Item 3). 2. If property damage which occurred in the place of insurance ( 5 Item 1 5) as a consequence of materialisation of an insured risk ( 2 Item 1 Sub- Items 1 12) has caused an interruption of the insured business, resulting in the Insurance Taker having lost his gross profit which he would have realised if the property damage had not occurred the Allianz shall cover that loss to the extent and on conditions stated in these GTCBII and the contract of insurance. 2. Property damage. Scope of insurance 1. Property damage means loss of or damage to the insured property used by the Insurance Taker to conduct his business, resulting from: 1) fire, lightning stroke, explosion, impact by or fall of aircraft, according to 2 of the GTCIPI; 2) hurricane and hail, according to 3 of the GTCIPI; 3) other elements: flood, heavy rainfall, earthquake, landslide, subsidence, avalanche, snow and/or ice pressure, according to 4 of the GTCIPI; 4) inundation with water or other liquids and frost, according to 5 of the GTCIPI; 5) fall of trees, masts, cranes, chimneys or other structures and construction disaster, according to 6 of the GTCIPI; 6) burglary, robbery, vandalism after burglary, malicious damage, according to 7 of the GTCIPI; 7) impact by vehicle, smoke, soot, sonic boom, according to 8 of the GTCIPI; 8) loss or damage during transit of goods, according to 9 of the GTCIPI; 9) breakage of windowpanes or other objects, according to 10 of the GTCIPI; 10) riots, strike, lockout, according to 11 of the GTCIPI; 11) other unnamed external risks, according to 12 of the GTCIPI; 12) internal risks, according to 13 of the GTCIPI; subject to the provisions of other Paragraphs of the GTCIPI, especially the exclusions stated in 14 of the GTCIPI. Insurance against loss of profit applies only in respect of those risks which have been indicated in the contract of loss of profit insurance. 2. Property used by the Insurance Taker to conduct his business within the meaning of Item 1 is deemed to include property temporarily withdrawn from operation or use but not earmarked for liquidation or demolition, newly acquired property not yet commissioned and, if agreed in the contract of insurance, property under construction or erection. 3. In case of loss of or damage to property described in Item 2 the scope of insurance covers loss of gross profit resulting from delayed or limited commissioning of such property. 3. Loss of gross profit resulting from interruption of business 1. Loss shall include lost operational profit and standing charges incurred, provided that due to the interruption of the business caused by property damage, within the maximum indemnity period ( 8) the Insurance Taker was unable to work out the means to cover such costs and did not realise any profit. 2. Operating profit means profit from the sale of manufactured goods, trading in goods and merchandise and profit from provision of services. Operating profit does not include profits realised from nonoperational activities, e. g. from investments and capital transactions or trading in real estate, except for profits by reason of services rendered to third parties, provided that the Insurance Taker proves that he has taken them into account in calculating the sum insured on gross profit. 3. Standing charges mean costs incurred for the current functioning of the business, irrespective of the extent of production, amount of sales or scale of services rendered. Thus standing charges include, inter alia: basic wages and salaries, real estate taxes, rents, subscriptions, charges for media irrespective of the quantities used, insurance premiums not based on turnover. 4. Standing charges are recoverable, provided that their continuation was legally necessary and/or economically well-grounded and that they would have been covered by the Insurance Taker if his business had not been interrupted by property damage, and subject to the following: 1) expenditure for rents and/or lease is refundable if after the occurrence of property damage the Insurance Taker made the respective payments of rent to those entitled; 2) payments of wages and salaries, including commissions, made after the nearest possible deadline for giving notice of cancellation of contracts of employment, are refundable if they were necessary to make the employees an/or commercial representatives stay on in the business establishment of the Insurance Taker; 3) deductions for depreciation are only refundable in respect of that part of buildings, structures, machinery, plant and equipment which was not affected by property damage. 5. The following are not standing charges within the meaning of Item 3: 1) any costs dependent on the amount of turnover, in particular any expenditure for materials, raw materials and/or services, unless they are meant for the maintenance of the insured business establishment or are charges for the consumption of electric or thermal energy, water and gas which are not dependent on the amount of consumption; 2) value added tax (VAT), excise duty and export duty; 3) turnover-related insurance premiums and other charges; 4) costs relating to any non-operational activities of the Insurance Taker, especially pertaining to investments and capital transactions and trading in real estate, except for standing charges incurred in relation to services rendered to third parties, provided that the Insurance Taker proves that he has taken them into account in calculating the sum insured on gross profit. 6. In calculating the amount of loss of gross profit the Allianz shall take into account all circumstances of which it is aware and which would have influenced, either favourably or negatively, the results of the Insurance Taker s business if there had been no interruption of his business. 1

4 7. Any economic advantage which accrues after cessation of the loss of gross profit but still during the maximum indemnity period as an effect of measures taken and investment made earlier for the purpose of limiting the loss of gross profit shall be taken account of in calculating the indemnity. 8. Liability of the Allianz shall not increase if the amount of loss of gross profit is increased because the Insurance Taker lacks at the right time the financial means for the reinstatement of property lost or damaged and for the renewal of his business within the shortest possible time, e. g. as a result of having insured that property for a value other than reinstatement (new) value or having insured it with a limit of indemnity or below value (under-insurance). 4. Expenditure for mitigation of loss of gross profit. Insurance of additional costs 1. The Allianz shall refund any expenditure incurred by the Insurance Taker for the purpose of preventing an imminent loss of gross profit and/or mitigating the extent of loss which has already occurred, including increased costs of business, provided that: 1) it actually reduced the amount of loss of gross profit, or 2) the expenditure was necessary under the circumstances, even if it proved to be ineffective 2. The Allianz shall reimburse the Insurance Taker in full for the expenditure stated in Item 1 with the reservation that indemnity for the loss of gross profit together with the refundable expenditure shall not exceed the sum insured on gross profit or the agreed limit of indemnity. That limitation does not apply to expenditure incurred by the Insurance Taker pursuant to written instructions from the Allianz. 3. If agreed in the contract of insurance, the Allianz shall reimburse the Insurance Taker, up to the first loss limit agreed for the given Item, for the following additional costs: 1) contractual indemnities by reason of non-performance of supplier s or customer s obligations resulting from trade agreements concluded by the Insurance Taker prior to the occurrence of property damage; 2) costs of appraisers which according to the provisions of 29 Item 2 Sub-Item 5) of the GTCIPI rest with the Insurance Taker, provided that the loss of gross profit exceeds zł. The abovementioned costs shall be reimbursed in excess of the sum insured on gross profit or in excess of the limit of indemnity established for gross profit, unless otherwise agreed in the contract of insurance. 4. The following are not recoverable: 1) claims for indemnity made by third parties and related court costs and solicitors fees, 2) costs of severance pay to dismissed employees, 3) additional costs which arise in connection with the situation described in 3 Item Place of insurance; loss at suppliers and/or customers; loss resulting from lack of access 1. The place of insurance is the place (s), named in the contract of insurance, including the address, in which the Insurance Taker conducts his business. Loss of profit insurance, subject to the provisions of Item 3, only exists if property damage arises within the place of insurance stated in the contract. 2. The place of insurance is deemed to include the following, belonging to the Insurance Taker or being at his disposal: 1) parking places, connecting railway sidings and water-way connections, 2) sectioned-off and marked parking lots, even if they are on the premises of another business establishment. 3. If agreed in the contract of insurance, insurance cover against loss of profit also applies: 1) external insurance: if property damage affecting the insured property occurred at a time when such property was outside the place of insurance due to its overhaul, repair, treatment, lending or exhibition and if due to that loss or damage such property did not return to the place of insurance on time or returned with delay; 2) loss at suppliers and/or customers: if property damage occurred in a place used by an establishment which maintains a business relationship, consisting in the supply or receiving of products, goods or services, with the Insurance Taker, and if such damage affected the property of that establishment; 3) loss resulting from lack of access: if property damage occurred in the vicinity of the place of insurance and therefore access to that place is physically impossible or prohibited by the competent authorities, or if any property used by the Insurance Taker for the conduct of his business is not fit for further use. 4. The Allianz shall only be liable for loss of gross profit as a consequence of property damage occurring outside the place of insurance according to Item 3 Sub-Items 1), 2) or 3) if such loss results from the materialisation of a risk named in the contract of loss of profit insurance concluded by the Insurance Taker with the Allianz. 5. In respect of external insurance (Item 3 Sub-Item 1), or if the premises of another business establishment are the place of insurance according to Item 2, liability of the Allianz only attaches when property damage affected such property as is owned by the Insurance Taker, including property the ownership of which has been transferred as security for a debt, as well as property which has been handed over to the Insurance Taker under a contract of rent, hire or leasing or has been lent to him. 6. Liability of the Allianz in respect of the scope of insurance stated in Item 3 Sub-Items 1) 3) does not include loss of gross profit which is a consequence of: 1) other unnamed external risks according to 12 of the GTCIPI; 2) internal risks according to 13 of the GTCIPI. 6. Conclusion of contract of insurance. Inception and termination of period of insurance. 1. The conclusion of the contract of insurance is executed at the time the Allianz receives from the Insurance Taker or a person authorised by him a written declaration of will to the effect that the offer of insurance prepared by the Allianz, based on the data and information contained in the insurance questionnaire or other documents received, has been accepted. 2. The insurance questionnaire or other document submitted by the Insurance Taker or a person acting on his behalf for the purpose of preparing the offer should include at least the following data: 1) the name and address of the Insurance Taker, his tax identification number; 2) the kind and description of business conducted by the Insurance Taker; 3) the period of insurance, scope of insurance, place of insurance; 4) the sum insured on gross profit; 5) the proposed duration of the maximum indemnity period; 6) information on the number, amount and causes of loss of gross profit in the past 3 years; 7) information on fire extinguishing and anti-theft safety devices. 3. The Allianz may require the Insurance Taker to supply other, additional information if it considers the information received so far to be insufficient for an adequate assessment of the risk. 4. Prior to the conclusion of the contract of insurance the Allianz will make available the General Conditions of Insurance GTCBII. 5. Unless otherwise agreed, cover under the contract of insurance (policy or other document confirming the conclusion thereof) commences at 0: 00 hours on the day following the day of payment of the premium or first instalment thereof. 2

5 6. Unless otherwise agreed, the contract of insurance is concluded for an annual period. In case of conclusion of the contract of insurance for a period of more than one year either party may cancel it with 30 days notice effective at the end of each annual period, to be sent by registered letter to the last known address stated by the other party 7. The parties may agree that a contract of insurance concluded for a period of one year will be automatically renewed for subsequent annual periods, unless notice of cancellation is given not later than 30 days prior to the date of renewal for another year and subject to the premium for the next period of insurance being paid within 14 days of the date of commencement of the new period of insurance. The renewed contract of insurance shall be subject to the General Conditions of Insurance applicable on the day of commencement of the new period of insurance, provided that they have been accepted by the Insurance Taker. 8. The Allianz will presume that in case of renewal of the contract of insurance any information supplied by the Insurance Taker in the insurance questionnaire and other messages which influenced the assessment of the risk accepted for insurance is still relevant. If such information is not relevant any more, the Insurance Taker shall notify the Allianz of any changes material to the assessment of the risk. 9. The Insurance Taker may withdraw from the contract of insurance within 30 days or, if he is a businessman, within 7 days of the date of conclusion of the contract of insurance, provided that it was concluded for a period of more than 6 months. 10. If during the validity of the contract of insurance there is a change in the kind or manner of conducting the Insurance Taker s business, causing an increase in the risk of loss and/or an increase in its potential extent, the Allianz shall be entitled to charge an additional premium as of the day of such change, not earlier, however, than from the commencement of the period of insurance. If the Insurance Taker does not agree to the payment of the additional premium, he is entitled to withdraw from the contract with immediate effect within 14 days of receipt from the Allianz of the request for payment of the increased premium If the disclosed change entails such an increase in the risk that the Allianz would not have concluded the contract of insurance if it had known of it earlier, it shall be entitled to withdraw from the contract of insurance within 30 days of the day of receipt of information of the change. 11. In case of withdrawal from or cancellation of that contract according to the provisions of this Paragraph the Insurance Taker shall pay the premium for the period in which the Allianz provided insurance cover. 12. In case of withdrawal from or cancellation of the contract of insurance after the payment of premium the Insurance Taker is entitled to a refund of that part of premium which corresponds to the unused period of insurance. 13. Withdrawal from or cancellation of the contract of insurance by the Insurance Taker or the Allianz shall be effected in written form, under pain of invalidity. 7. Calculation of premium. Payment of premium 1. The premium for providing insurance cover is determined by the product of the sum insured on gross profit and the rate expressed per mille or per cent. The amount of premium shall be determined by the Allianz in each case on the basis of an individual assessment of the perils resulting from the business conducted and their potential effects, taking into account, inter alia, the fire extinguishing and other safety devices, extent of protection, duration of the maximum indemnity period, deducible, number and amount of loss of or damage to property and of gross profit and the scale of rates in force. 2. The premium is payable by transfer to the bank account of the Allianz stated in the contract of insurance, as a full down payment for the whole period of insurance, unless payment in instalments is agreed. In case of half-yearly payments the premium is increased by 3%, in case of quarterly payments by 5%. 3. The premium or its instalment shall be paid within the time-limit stated in the contract of insurance. The premium is considered to be paid on time if prior to the specified due date: 1) the bank account of the Allianz is credited through the payment of an adequate amount, 2) the Insurance Taker presents to his bank an order to transfer the premium in the required amount to the account of the Allianz and in his account there is a credit balance sufficient for effecting that transfer. 4. If liability of the Allianz attaches prior to the payment of the premium or its first instalment and if the premium or its first instalment is not paid on time, the Allianz may cancel the contract with immediate effect and claim the payment of premium for the period in which it was liable. Failing cancellation, the contract expires at the end of the period to which the unpaid premium was attributable. 5. If the contract of insurance provides for payment of the premium in instalments and if a subsequent premium instalment is not paid on time, the Allianz may request the Insurance Taker to pay the over-due premium instalment with a threat that non-payment within seven days of receipt of the request by the Insurance Taker will cause a cessation of liability of the Allianz. Failing such a request from the Allianz, insurance cover shall not cease and the Allianz shall be entitled to a premium for the whole period of insurance cover provided. 6. Default of payment of the premium by the Insurance Taker for the period in which the Allianz is or was liable is a ground for vindication of the outstanding premium together with statutory interest. 7. If compensation is payable at a time the Insurance Taker is in default of payment of a successive premium instalment, the Allianz is entitled to deduct from the amount of compensation the premium instalment due on the day of payment of compensation. 8. The payment of an amount which is less than the premium or premium instalment stated in the contract of insurance shall not be considered by the Allianz to be a discharge of the Insurance Taker s duty to pay the premium or premium instalment, except where the deficit does not exceed 10% of the amount due and is the result of an error or oversight. In that case the Insurance Taker shall on receipt of relevant information from the Allianz pay forthwith the outstanding part of the premium. 9. In respect of contracts with a period of insurance of less than one year the premium is calculated proportionally to the period during which insurance cover is to be provided, according to the principle of calculation proportional to the number of days of duration of cover. 10. The premium is not subject to indexation. 8. Maximum indemnity period. Sum insured on gross profit 1. The maximum indemnity period means the time which, in case of destruction of the total property of the business establishment in the place of insurance, the Insurance Taker would need to reinstate that property and resume his business as well as recover his lost profit. 2. The maximum indemnity period commences at the time of occurrence of property damage. If it is not possible to ascertain objectively the point in time when property damage occurred, it shall be deemed to have occurred as soon as the Insurance Taker could beyond any doubt recognize the occurrence of property damage, at the latest, however, as soon as the loss of gross profit appeared. The duration of the maximum indemnity period shall be determined by the Insurance Taker on his own responsibility, taking into account the kind and specific features of his business. The duration of the maximum indemnity period is stated in the contract of insurance and may amount to 3 to 24 months. 3

6 3. The scope of insurance covers loss of gross profit arising exclusively in the course of validity of the maximum indemnity period. The expiry of that period means the termination of liability of the Allianz, even if the loss of gross profit continues. 4. The sum insured on gross profit is also dependent on the duration of the maximum indemnity period. If the maximum indemnity period amounts to: 1) 3 to 12 months the sum insured on gross profit shall be the annual value of operating profit and standing charges; 2) over 12 months to 24 months the sum insured on gross profit shall be the two-year value of operating profit and standing charges. 5. In view of the rule of establishing the insurable value of gross profit in the period of valuation ( 9), in order to avoid under-insurance ( 11) the sum insured calculated according to the provisions of Item 4 shall be increased by the estimated percentage of increase in operating profit and standing charges (gross profit): 1) in the period of insurance and the following year if the maximum indemnity period amounts to 3 to 12 months, 2) in the period of insurance and the two following years if the maximum indemnity period amounts to over 12 months to 24 months. 6. If the sum insured on gross profit declared by the Insurance Taker corresponds to a period longer than the proposed duration of the maximum indemnity period, the rate of insurance shall be decreased by an appropriate coefficient depending on the ratio of the duration of the maximum indemnity period to the duration of the period for which the declared sum insured on gross profit pertains. 7. The Insurance Taker shall calculate the sum insured on gross profit in accordance with the rules stated in Items 4, 5 and notify it to the Allianz even if he proposes insurance against loss of gross profit with a limit of indemnity. 8. The Insurance Taker shall calculate the sum insured on gross profit or state the limit of indemnity on his own responsibility. 9. The Allianz shall make available a printed form for the calculation of the sum insured on gross profit. 10. At the written request of the Insurance Taker or a person authorised by him the sum insured on gross profit may be decreased or increased. Any decrease in the sum insured shall be effective as of the day indicated in the application, any increase only on receipt from the Allianz of a confirmation in writing or by electronic mail. 9. Insurable value. Period of assessment 1. The calculation of the insurable value of gross profit in case of loss shall take into account the operating profit which the Insurance Taker would have realised in the period of assessment and the standing charges which he would have incurred in that period on the assumption of a course of business uninterrupted by property damage. 2. The period of assessment shall always include: 1) 12 months if the maximum indemnity period amounts to 3 to 12 months, or 2) 24 months if the maximum indemnity period amounts to over 12 months to 24 months, counting backwards from the day when the property damage ceased to have a negative influence on the results of the Insurance Taker s business, or from the day of expiry of the maximum indemnity period, if the loss of gross profit continues. 10. Additional indemnity. Adjustment of premium 1. Additional indemnity makes it possible to reduce the risk of underinsurance which may arise as a result of an under-valuation of the sum insured on gross profit. If additional indemnity has been agreed in the contract of insurance, the Allianz is liable in case of loss up to the amount of the sum insured on gross profit declared by the Insurance Taker increased by the agreed additional indemnity, not exceeding 25% of the sum insured on gross profit. Additional indemnity shall not apply to insurance on gross profit with a limit of indemnity and to those Items of costs which are covered by first loss insurance. 2. An adjustment of premium under an expired contract of loss of profit insurance is made if additional indemnity has been agreed therein. For this purpose the Insurance Taker shall at the latest within three months of the termination of the past period of insurance inform the Allianz of the amount of gross profit realised during the validity of the contract of insurance.. 3. If the duration of the maximum indemnity period amounted to: 1) 3 to 12 months, the Insurance Taker shall declare the amount of gross profit for the period of 12 months preceding the termination of the past period of insurance; 2) over 12 months to 24 months, the Insurance Taker shall declare the amount of gross profit for the period of 24 months preceding the termination of the past period of insurance. The calculation shall be effected with the use of a printed form, received from the Allianz, designed for the assessment of the sum insured on gross profit 4. The premium shall be adjusted on the basis of the value of gross profit declared by the Insurance Taker according to the provisions of Item3. If the declared value: 1) is less than the sum insured on gross profit which applied in the past period of insurance, the premium paid for the excess shall be refunded to the Insurance Taker, but the amount of refund shall not exceed 35% of the collected premium; 2) exceeds the sum insured on gross profit which applied in the the past period of insurance, the Insurance Taker shall pay an additional premium on the whole of additional indemnity, the amount of which shall be calculated by applying its agreed percentage value (not exceeding 25%) to the sum insured or to the average sum insured for the given period if the sum insured varied during the period of insurance. The average sum insured is calculated as an average weighted by the lengths of the periods of validity of the individual sums insured during the contract of insurance. For the purpose of calculating the amount of additional payment the rate of premium agreed upon in the contract of loss of profit insurance shall be applied to the amount of additional indemnity. 5. The Insurance Taker is released from the duty to pay an additional premium if the declared value of gross profit exceeds its sum insured by not more than 5%, unless the Allianz has paid indemnity (or is obliged to pay it) under the contract of loss of profit insurance in an amount exceeding the whole of the premium due under that contract. 6. Unless the information on gross profit realised is supplied within the required time-limit, the Insurance Taker shall pay for the past period of insurance an additional premium on the total amount of additional indemnity calculated according to Item 4 Sub-Item 2). 7. The Allianz reserves the right to inspect the books of account of the Insurance Taker in order to verify the amount of gross profit declared for the purpose of adjustment of the premium for the past period of insurance. 11. Calculation of compensation for loss of gross profit. Under-insurance 1. The basis of calculation of compensation is the amount which constituted the difference between the gross profit ( 1) which the Insurance Taker would have realised in the period of assessment ( 9) on the assumption of an uninterrupted course of business and the gross profit which was realised by the Insurance Taker in the period of assessment in spite of the interruption of his business due to property damage. 4

7 2. Compensation for loss of gross profit in the period of assessment shall be calculated taking into account the provisions of 3, for expenditure for the mitigation of the loss and additional costs taking into account the provisions of If the sum insured on gross profit, increased by additional indemnity (if agreed), is less than its insurable value calculated in the period of assessment (under-insurance), compensation shall be reduced in such proportion as the sum insured on gross profit, increased by additional indemnity (if agreed) bears to the insurable value of gross profit calculated in the period of assessment. The above rule shall not apply: 1) if under-insurance of the gross profit in the period o assessment does not exceed 20%; 2) in respect of total loss, i. e. if the loss exhausts the sum insured on gross profit increased by additional indemnity (if agreed); 3) in respect of expenditure for mitigation of loss of gross profit incurred by the Insurance Taker; 4) in respect of additional costs which are covered by first loss insurance. 12. Loss adjustment procedure 1. On receipt of notification of the occurrence of an insured event, within 7 days of receipt of such notification, the Allianz shall commence the procedure concerning the establishment of the facts of the event, legitimacy of the presented claims and amount of compensation, and shall inform the Insurance Taker, Insured or Beneficiary under the contract of insurance in writing or by electronic mail of what documents are necessary to establish the amount of compensation. 2. If the Allianz does not pay compensation within the time-limits stated in 14, it shall notify in writing the person presenting the claim of the reasons for the impossibility of settling the claim in full or in part and shall pay the indisputable part of compensation. 3. If there are no grounds for compensation or if there are grounds for compensation in an amount different from that stated in the presented claim, the Allianz shall advise the claimant thereof in writing, pointing out the circumstances and legal grounds of a total or partial refusal of payment of compensation and informing him of the possibility of pursuing his claims by taking recourse to law. 4. The Allianz shall make available to such persons as have been referred to in Item 1 any information and documents which have influenced the establishment of its liability to compensate and the amount of compensation and shall enable them to inspect the claims file and make copies or xerocopies of such documents. 5. Claims under the contract of insurance shall be time-barred on the expiry of three years. 13. Appraisal procedure 1. In case of an insured event the parties may agree for the amount of indemnity to be established on the basis of an appraisal. 2. The principles of appraisal are regulated in 29 of the GTCIPI. 3. The findings of the appraisers must contain: 1) a profit and loss account for the current financial year up to the commencement of the interruption of the Insurance Taker s business and for the whole of the preceding financial year; 2) a profit and loss account which shows the profit which the Insurance Taker would have realized and the costs which he would have incurred in the period of assessment if the interruption of his business had not occurred; 3) a profit and loss account which shows the profit and costs of the Insurance Taker in the period of assessment as a consequence of the interruption of his business; 4) information on whether and in what manner the circumstances defined in 3 Item 6 have been taken into account in calculating the amount of loss of gross profit; 5) a calculation of the final amount of loss and compensation for gross profit lost and the insured additional costs. 4. The appraisers shall, in the profit and loss accounts prepared, take into consideration the provisions of 3. All kinds of costs should be shown separately, the current standing charges to be clearly marked. 14. Payment of compensation 1. A final adjustment of the loss of gross profit and the payment of indemnity shall be effected within 14 days of the day when, in exercising due diligence on the part of the Allianz, it would have been possible to establish the extent and final amount of liability of the Allianz. 2. The Allianz shall make advance payments to the Insurance Taker on account of compensation, in each case not exceeding the indisputable amount of loss of gross profit already suffered. The Insurance Taker may apply for the first advance payment on the expiry of 14 days after the notification of loss and then not more often than once in a month. 3. Compensation shall be paid by transfer to a bank account pointed out by the Insurance Taker or Beneficiary or in another manner agreed upon by the parties. 4. Compensation payments shall not reduce the sum insured on gross profit and the first loss limits (sums insured) relating to the insured additional costs. 5. If a limit of indemnity for each insured event and for all insured events within the period of insurance has been agreed in the contract of insurance, each payment of compensation shall reduce the amount of such limit. 15. Duties of Insurance Taker 1. The Insurance Taker shall: 1) keep books of account in accordance with the Accountancy Act of 29 September 1994 (Journal of Law No. 121, Item 591) and executory provisions and subsequent amendments to the said Act; 2) archive the books of account for a period of at least 3 financial years preceding the conclusion of the contract of insurance and store them as well as the current documentation in a place ensuring protection against its destruction in case of loss; 3) fulfil his duties defined in these GTCBII, the GTCIPI and the contract of insurance. 16. Deductible 1. The Insurance Taker shall participate in each insured event with an agreed sum referred to as the deductible. The amount of the deductible shall be deducted in advance from the calculated amount of total compensation, i. e. in the aggregate for loss of gross profit, expenditure for the mitigation of loss of gross profit and the insured additional costs. 2. The deductible may be agreed in the form of a length of time, in calendar days or working days (time excess). In that case the Allianz shall reduce the total compensation (Item 1) by a sum resulting from a multiplication of the calculated average value of gross profit attributed to one calendar day or to one working day accordingly by the number of calendar days or the number of working days agreed upon in the contract of insurance as the time excess. 5

8 Final provisions 1. Action for a claim resulting from the contract of insurance may be brought before a court of local jurisdiction of the seat of the Allianz in Warsaw or before a court of local jurisdiction of the place of residence or seat of the Insurance Taker, Insured or Beneficiary under the contract of insurance. 3. These GTCBII have been approved on the strength of Resolution No. 99/2007 dated of the Executive Board of the TU Allianz Polska S.A. and shall apply to contracts of insurance concluded on and after Dated at Warsaw on Any complaints related to the conclusion or implementation of the contract of insurance may be addressed by an Insurance Taker who is a natural person or a Beneficiary under the contract of insurance directly to the Head Office of the TU Allianz Polska S.A. or through that organisational entity of the Allianz which is responsible for the examination of the subjectmatter of the complaint or to the Spokesman of the Insured. Paweł Dangel Chairman of the Executive Board Michael Müller Vice Chairman of the Executive Board Jerzy Nowak Vice Chairman of the Executive Board Piotr Dzikiewicz Vice Chairman of the Executive Board 6

9 Infolinia: TU Allianz Polska S.A. Towarzystwo Ubezpieczeń Allianz Polska Spółka Akcyjna z siedzibą w Warszawie, ul. Rodziny Hiszpańskich 1, Warszawa, wpisana do rejestru przedsiębiorców prowadzonego przez Sąd Rejonowy dla m. st. Warszawy w Warszawie, XIII Wydział Gospodarczy Krajowego Rejestru Sądowego, pod numerem KRS: , NIP , REGON , wysokość kapitału zakładowego: złotych (wpłacony w całości). TRCA-O01 07/07