FULLY COMPREHENSIVE INSURANCE GUARANTEE, COVER AND SCOPE

Transcription

1 FULLY COMPREHENSIVE INSURANCE GUARANTEE, COVER AND SCOPE

2 SUMMARY 1 GOODS INSURED AND EXCLUDED 3 2 TRIP AND MEANS OF TRANSPORT 4 3 RISKS COVERED 5 4 RADIOACTIVE CONTAMINATION CLAUSE 7 5 CONDITIONS OF THE FLOATING POLICY 8 6 INSURANCE CLASSIFICATION CLAUSE 12 7 IN CASE OF LOSS 14

3 1 GOODS INSURED AND EXCLUDED THIS POLICY WILL APPLY TO SHIPMENTS CONSISTING OF: LIQUID COLOURING, SECOND HAND MACHINERY, USED VEHICLES, HAZARDOUS GOODS EXCLUDING BULK (SOLID, LIQUID OR POWDER) AND GOODS IN GENERAL, ALL DULY PACKAGED AND PREPARED IN ACCORDANCE WITH ITS NATURE, TRADE CUSTOMS AND THE TRIP TO BE MADE. CONTAINERS INTENDED FOR GOODS TRANSPORT ARE EXPRESSLY INCLUDED. THE GENERAL POLICY EXCLUDES GOODS SUCH AS: FURS OF ANY KIND AND BULK CRYSTAL, FLAT GLASS USED FURNITURE AND/OR PERSONAL EFFECTS PERISHABLE AND/OR REFRIGERATED GOODS HAZARDOUS OR RADIOACTIVE GOODS GOODS EXCEEDING A VALUE OF 600,000 ANIMALS OR LIVE PLANTS PRESS OR COMMERCIAL SAMPLES

4 2 TRIP AND MEANS OF TRANSPORT THIS POLICY COVERS ALL DELIVERIES MADE BETWEEN TWO OR MORE POINTS ANYWHERE IN THE WORLD FROM THE TIMES WHEN THE GOODS COME UNDER THE RESPONSIBILITY OF THE INSURANCE ENTITY OR OF THEIR REPRESENTATIVES UNTIL THE TIME OF THEIR FINAL DELIVERY TO THE RECEIVERS AT THEIR RESPECTIVE DESTINATIONS. THE GOODS THAT ARE THE OBJECT OF THE INSURANCE MUST BE TRANSPORTED BY LAND, SEA AND/OR AIR. THE MAXIMUM ASSURED CAPITAL FOR EACH SHIPMENT AND/OR THE DELIVERY SHALL NOT EXCEED 1 MILLION PER TRIP AT FIRST RISK, THE MAXIMUM CAPITAL PER USED VEHICLE BEING LIMITED TO 20,000 FIRST RISK. PREMIUM EXCESSES MUST BE AGREED AT LEAST 48 HOURS BEFOREHAND. IT IS AGREED THAT FOR THE CHARACTER OF FIRST RISK ON WHICH THIS CONTRACT IS BASED, IN THE EVENT OF LOSS, THE COMPANY WILL MAKE NO USE OF THE PROPORTIONAL RULE AND WILL ANSWER FOR THE WHOLE OF THE VALUE OF THE LOST GOODS UP TO THE MAXIMUM LIMIT OF THE SUM ASSURED BY THIS POLICY.

5 3 COVERED RISKS 3.1 THIS INSURANCE IN THE TRANSPORT OF USED VEHICLES COVERS THE RISKS INCLUDED IN THE GENERAL CONDITIONS OF THE INSURANCE BY LAND, SEA AND/OR AIR TRANSPORT. 3.2 THIS INSURANCE IN THE TRANSPORT OF SECOND HAND MACHINERY COVERS THE RISKS INCLUDED IN THE GENERAL CONDITIONS OF THE INSURANCE BY LAND, SEA AND/OR AIR, LOSS OF LOADING AND UNLOADING OPERATIONS AND ROBBERY (NOT INCLUDING DAMAGE AS IT IS USED). 3.3 FOR THE REMAINING GOODS, IN ADDITION TO THE GENERAL CONDITIONS, IT RESPONDS FOR ALL LOSS OR PHYSICAL DAMAGE WHICH THE ASSURED GOODS MIGHT SUFFER, ACCORDING TO THE CLAUSES INDICATED: INSTITUTE CARGO CLAUSES (A) INSTITUTE STRIKES CLAUSES (CARGO) INSTITUTE WAR CLAUSES (CARGO) INSTITUTE CARGO CLAUSES (AIR) INSTITUTE STRIKES CLAUSES (AIR CARGO) INSTITUTE WAR CLAUSES (AIR CARGO) INSTITUTE WAS CANCELLATION CLAUSE (CARGO) INSOFAR AS THEY ARE APPLICABLE TO EACH MEANS OF TRANSPORT USED.

6 3 COVERED RISKS HOWEVER, THIS POLICY DOES NOT RESPOND FOR ANY LOSS, FAULT, DAMAGE OR DESTRUCTION OR EXPENSE THAT MIGHT BE THE CONSEQUENCE OF: A) ILLICIT OR PROHIBITED TRADE, CONTRABAND OR BREACH OF THE REGULATIONS OR LAWS OF PORT OR TRANSPORT; B) INSUFFICIENT OR MISTAKEN DIRECTION, LACK OF IMPORT, EXPORT OR TRANSIT PERMITS; C) DELAYS, NATURAL WASTAGE, OWN VICES OR LOSS OF MARKET; D) INSUFFICIENT PACKAGING OR POOR PREPARATION OF THE GOODS; E) NEGLIGENT AND/OR WILFUL ACTION OF SENDERS, RECEIVERS OR THEIR REPRESENTATIVES. THE POLICY WILL REPLY FOR WHAT IS REGULATED IN THE INTERNATIONAL AGREEMENT ON GOODS TRANSPORT BY ROAD (C.M.R.) AND THE LAW OF ORGANISATION OF LAND TRANSPORT (L.O.T.T.) FOR SHIPMENTS BY LAND, OR THE APPLICABLE REGULATIONS FOR AIR OR SEA TRANSPORT IF THE SHIPMENT IS MADE BY THESE MEANS.

7 4 CLAUSE OF RADIOACTIVE CONTAMINATION THIS CLAUSE SHALL PREVAIL AT ALL TIMES AND SHALL CANCEL ALL CONDITIONS OR INTERPRETATIONS OF THE POLICY WHICH MIGHT OPPOSE IT OR CONTRADICT IT. IN NO CASE WILL THIS INSURANCE COVER LOSSES, DAMAGE, RESPONSIBILITY OR EXPENSE DIRECTLY OR INDIRECTLY CAUSED OR PRODUCED BY OR IN ANY WAY RELATED TO: IONISING RADIATION OR CONTAMINATION BY RADIOACTIVITY FROM ANY NUCLEAR FUEL OR WASTE OR THE COMBUSTION OF ANY NUCLEAR FUEL; RADIOACTIVE, TOXIC, EXPLOSIVE OR ANY OTHER DANGEROUS OR CONTAMINATING PROPERTY; PROPERTY FROM ANY INSTALLATION AND/OR NUCLEAR REACTOR OR NUCLEAR STORAGE OR ANY NUCLEAR COMPONENT THEREOF; ANY WEAPON OF WAR WHICH USES ATOMIC OR NUCLEAR FISSION AND/OR FUSION OR MATERIAL.

8 5 CONDITIONS OF THE FLOATING POLICY THIS CONTRACT IS ESTABLISHED TO INSURE THE OBJECT SPECIFIED FOR TRANSPORT UNDER THE CONDITIONS THAT SHALL BE GIVEN, EMBARKING AND/OR ON ACCOUNT OF THE ASSURED NAMED IN THE PARTICULAR CONDITIONS OF THE POLICY OR BECAUSE THE COVERAGE OF THE INDICATED OBJECT IS UNDER THE CONTROL OF THE ABOVE MENTIONED, AS PURCHASING OR BUYING AGENTS, UNLESS THE OBJECT HAS ALREADY BEEN INSURED BY OTHER MEANS BEFORE THE BEGINNING OF THIS CONTRACT OR BEFORE THE ASSURABLE INTEREST IS PURCHASED. THE MAXIMUM AMOUNT, AS THE VALUE OF THE TRANSPORTED GOODS, WHICH THE INSURANCE COMPANY WILL ASSUME ON THE SAME SHIPMENT, THIS BEING UNDERSTOOD AS THE GOODS ON THE SAME MEANS OF TRANSPORT OR SITUATED IN THE SAME PLACE, EVEN THOUGH THEY MIGHT CONSTITUTE DIFFERENT PACKS OR BATCHES, IS 1 MILLION. WHEN THE AMOUNT TO BE INSURED SHOULD EXCEED THIS MENTIONED FIGURE, THE PRIOR AND EXPRESS APPROVAL AND ACCEPTANCE OF THE INSURANCE COMPANY WILL BE REQUIRED FOR THE SURPLUS TO BE COVERED BY IT. THE POLICY MAY BE RENEWED AS BOTH PARTIES MIGHT AGREE, IN WHICH CASE THIS WILL BE SET OUT IN SUPPLEMENTS, WHICH WILL FORM PART OF THE CONTRACT.

9 5 CONDITIONS OF THE FLOATING POLICY IN THE EVENT OF LOSS OR A FAULT WHICH MIGHT BE COMPENSATED BY THE COMPANY, THE RECEIVER SHALL HAVE THE DELEGATE OF THE LATTER INTERVENE TO CHECK AT THE POINT OF DESTINATION, OR OTHERWISE THE NEAREST LLOYD S AGENT TO THE PLACE OF THE LOSS, THE INSURANCE COMPANY BEING RESPONSIBLE FOR THE INSPECTION CERTIFICATE. THIS INSURANCE IS SUBJECT TO THE CLASSIFICATION CLAUSE OF THE INSURANCE INSTITUTE OF LONDON. THE CLAUSES OF THE INSURANCE INSTITUTE OF LONDON TO WHICH THIS CONTRACT REFERS ARE THOSE PRESENTLY IN FORCE WHEN THIS IS ESTABLISHED. HOWEVER, IF SAID CLAUSES SHOULD BE REVISED DURING THE TERM OF THE CONTRACT, AND PROVIDED THE INSURERS HAVE NOTIFIED AT LEAST THIRTY DAYS IN ADVANCE, SAID NEW CLAUSES WOULD BE APPLICABLE TO THE RISKS AFFECTED BEYOND THE 30 DAYS OF RECEIVING SAID NOTIFICATION.

10 5 CONDITIONS OF THE FLOATING POLICY IF THE POLICY GRANTED BY THIS CONTRACT SHOULD INCLUDE THE RISKS OF WAR AND STRIKES, THE CLAUSES CORRESPONDING TO WAR AND STRIKES OF THE INSURANCE INSTITUTE OF LONDON WILL APPLY. THE PREMIUMS INDICATED IN THIS POLICY INCLUDE THAT CORRESPONDING TO THE RISKS OF WAR AND STRIKES EXCEPT FOR THOSE COUNTRIES IN WHICH THERE IS A SPECIAL RATE FOR THIS COVER, THE SURPLUS OF THE PREMIUM THAT MIGHT BE RECEIVABLE IN THESE CASES. IT IS HEREBY AGREED THAT ANY MODIFICATION ESTABLISHED BY THE INTERNATIONAL MARKET ON THE MENTIONED COVER WILL BE IMMEDIATELY APPLICABLE TO THIS CONTRACT THE RISK OF WAR COVERED BY THE CLAUSES OF THE INSURANCE INSTITUTE OF LONDON MAY BE CANCELLED WITH FOREWARNING OF JUST 7 DAYS. ALL RISKS OF STRIKES COVERED BY THE CLAUSES OF THE INSTITUTE MAY ALSO BE CANCELLED WITH FOREWARNING OF ONLY 7DAYSOR ONLY 48 HOURS IF THEY ARE RELATED TO SHIPPINGS FROM OR TO PORTS OF THE UNITED STATES OF AMERICA. THE NOTIFICATION WILL COUNT FROM MIDNIGHT ON THE DAY ON WHICH IT IS ISSUED, BUT ANY CANCELLATION WILL NOT COME INTO FORCE UNTIL THE RISKS IN THE COURSE OF THE JOURNEY HAVE PREVIOUSLY BEEN INSURED.

11 5 CONDITIONS OF THE FLOATING POLICY UNLESS OTHERWISE AGREED IN ACCORDANCE WITH THE COMPANY, THE POLICY EXCLUDES ALL TRIPS TO ANY OF THE FOLLOWING COUNTRIES: IRAN, IRAK AND GENERALLY COUNTRIES OF THE PERSIAN GULF ISRAEL (VIA JORDAN), LEBANON, SIRIA OR LIBYA PAKISTAN AND AFGHANISTAN OMAN AND YEMEN (NORTH AND SOUTH) ANGOLA, ETHIOPIA, SOMALIA, DEMOCRATIC REPUBLIC OF CONGO (ZAIRE), LIBERIA, AND SIERRA LEONA GENERALLY ALL COUNTRIES WHICH AT THE TIME OF THE TRIP ARE IMMERSED IN SOME KIND OF WAR OR SOCIAL CONFLICT.

12 6 INSURANCE CLASSIFICATION CLAUSE THE PREMIUMS FOR SEA TRANSPORT AGREED IN THIS INSURANCE ARE ONLY APPLICABLE FOR CARGOES AND/OR INTERESTS TRANSPORTED BY SHIPS BUILT IN STEEL AND MECHANICALLY SELF PROPELLED, WHICH ARE CLASSIFIED AS INDICATED BELOW, AND VIA ONE OF THE FOLLOWING CLASSIFICATION COMPANIES: LLOYD S REGISTRER 100 AL 0 B.S. AMERICAN BUREAU OF SHIPPING +A1 BUREAU VERITAS 1 3/3 E + GERMANISCHER LLOYD A 5 KOREAN REGISTER OF SHIPPING + KRS 1 NIPPON KAIJI KYOKAI NS* NORSKE VERITAS +1 A 1 REGISTRO ITALIANO X100 A 1.1 PROVIDED SAID SHIPS: ARE NOT BULK CARRIERS AND/OR COMBINED SHIPS MORE THAN 10 YEARS OLD. ARE NOT OIL TANKERS EXCEEDING 50,000 T.R.B. MORE THAN 10 YEARS OLD. ARE NOT MORE THAN 15 YEARS OLD OR THOSE WHICH DO EXCEED THIS AGE BUT NOT 25 YEARS AND HAVE ESTABLISHED AND MAINTAINED REGULAR TRAFFIC SERVICE ACCORDING TO A PLAN MADE PUBLIC FOR LOADING AND UNLOADING IN PORTS.

13 6 INSURANCE CLASSIFICATION CLAUSE SPECIFIED FREIGHTED SHIPS AND SHIPS OF UNDER 1,000 T.R.B., WHICH ARE MECHANICALLY SELF PROPELLED AND BUILT IN STEEL MUST BE CLASSIFIED AS ABOVE AND NOT EXCEED 15 YEARS OF AGE. THE REQUIREMENTS OF THE CLASSIFICATION CLAUSE WILL NOT BE APPLICABLE TO ANY SHIP, RAFT OR BARGE USED TO LOAD OR UNLOAD THE SHIP WHILE IT IS IN THE PORT AREA. FOR CARGOES AND/OR INTERESTS TRANSPORTED BY MECHANICALLY SELF PROPELLED SHIPS WHICH FAIL TO COMPLY, THE INSURANCE WILL BE MAINTAINED SUBJECT TO A PREMIUM AND TO CONDITIONS TO BE AGREED.

14 7 IN CASE OF LOSS UPON THE OCCURRENCE OF A LOSS, CLAIMS WILL ONLY BE CONSIDERED WHEN THEY COMPLY WITH THE FOLLOWING REQUIREMENTS: 1. THE COMPANY MUST BE ADVISED IMMEDIATELY OF THE OCCURRENCE OF ANY LOSS SO THAT IT MIGHT TAKE ALL OPPORTUNE MEASURES AND APPOINT A SURVEYOR, IF NECESSARY. 2. GOODS WITH APPARENT SIGNS OF DAMAGE OR FAULT EITHER IN THE PACKAGING, SEALS OR IN THE GOODS THEMSELVES, WITHOUT NOTING THE CORRESPONDING RESERVES ON THE TRANSPORT DOCUMENT AND/OR DELIVERY REMITTANCE SHALL NOT BE ACCEPTED; THE CLIENT WILL RETAIN A COPY IN ORDER TO BE ABLE TO PRESENT IT TO THE COMPANY. OTHERWISE THE GOODS WILL BE DEEMED TO HAVE BEEN DELIVERED CONFORM. 3. A CLAIM LETTER MUST BE SENT TO THE SHIPPING COMPANY, AIR COMPANY OR LAND TRANSPORT COMPANY WITHIN 24 HOURS OF RECEPTION OF THE GOODS. 4. THE FOLLOWING DOCUMENTS MUST ALSO BE PRESENTED: ORIGINAL OF THE FAULT CERTIFICATE (IF APPLICABLE); ORIGINAL OF THE INSURANCE CERTIFICATE OR POLICY (IF APPLICABLE); ORIGINAL OR COPY OF THE ORIGINAL INVOICE AND/OR PACKING LIST; ORIGINAL OR COPY OF THE ORIGINAL OF THE AIR WAYBILL, SEA WAYWILL, CMR OR INTERNATIONAL OR NATIONAL CARRIAGE CHARTER OR TIR DISCHARGE CONFORMITY DOCUMENT; RESERVES FOR EXISTING DAMAGE; LETTER OF CLAIM IN TIME, AS WELL AS THE ANSWER.

15 ARCHITECTS OF LOGISTICS MULTITRADE SPAIN, S.L. Paseo del Ferrocarril, 335, Ground Floor Castelldefels (Barcelona) Spain Tel: Fax: OEA ESAEOC M2 spain.es