Allinz Insurnce plc Property Engineering Insurnce Policy Wording Inspection Contrct
Property Engineering Policy Wording nd Inspection Contrct Property Engineering Policy Wording nd Inspection Contrct Contents Thnk you for choosing Allinz Engineering. Prt 1 Property Engineering Insurnce Policy Property Engineering Policy 1 Insurnce Definitions 2 Insurnce Cover 3 Limit of Liility 3 Insurnce Cover Extensions 4 Reinsttement nd Pulic Authorities 6 Insurnce Cover Exclusions 7 Insurnce Cover Generl Exclusions 8 Insurnce Cover Generl Conditions 10 Insurnce Cover Clims Conditions 13 Insurnce Complints Procedure 15 Finncil Services Compenstion Scheme 15 Dt Protection Act 16 Notifying Clim 16 Prt 2 Inspection Contrct 17 Inspection Service Definitions 18 The Contrct 19 Inspection Service Conditions 20 Inspection Service Complints Procedure 27 Our technicl expertise uilt over mny yers of providing engineering insurnce nd inspection products nd services mens you cn trust us to e there when you need us. If you need further detils or hve ny questions, your roker or locl Allinz Engineering rnch will e delighted to help. Alterntively help nd guidnce cn e otined from: Allinz Engineering Hed Office Hslemere Rod Liphook Hmpshire GU30 7UN UK Importnt The insurnce cover nd Inspection Service provided y this Policy my e vried y cluses printed in the Schedule. Plese red the Policy Contrct nd Schedule to mke sure tht you hve the insurnce cover nd Inspection Service required. 3
Property Engineering Insurnce Policy Wording Prt 1 Property Engineering Insurnce Policy Plese red this section if you selected to purchse Property Engineering Insurnce. If you did not purchse Property Engineering Insurnce, Prt 1 is not relevnt plese refer to Prt 2 which contins the Inspection Contrct. Allinz Insurnce plc (referred to s the Insurers ) will indemnify or otherwise compenste the Insured nmed in the Schedule (referred to s the Insured ) in ccordnce with nd suject to the terms nd conditions of this insurnce in return for the Insured hving pid or greed to py the Insurnce Premium for the Period of Insurnce. Your insurnce policy is mde up of this Policy including ll Exclusions Extensions nd Conditions the Schedule nd the proposl which you mde to the Insurers prior to tking out this cover. These documents shll e red together s one contrct. Plese red ll the pges of this Insurnce Policy Wording nd Schedule crefully to ensure tht your requirements re met. For Allinz Insurnce plc Jonthn Dye Chief Executive Allinz Engineering is trding nme used y oth Allinz Insurnce plc nd Allinz Engineering Inspection Services Ltd 1
Property Engineering Insurnce Policy Wording Insurnce Definitions The following words nd expressions hve een given the specific mening set out elow nd shll hve the sme mening wherever they pper in the Policy unless the context sttes otherwise: Territoril Limits The Europen Union. Insured Property All integrl prts of plnt nd mchinery descried in the Schedule. Insured Property shll not include Surrounding Property nything sold supplied processed serviced mnufctured or stored in the course of the trde or usiness of the Insured unless specificlly descried in the Schedule. Surrounding Property Property elonging to the Insured or held y the Insured in their cre custody or control. Indemnity Period The period eginning with the occurrence of the dmge nd ending when the results of the Business cese to e ffected in consequence of the dmge ut not exceeding period of twelve (12) months. Schedule The Policy Schedule Plnt Schedule nd Summry forming prt of this Policy. Explosion The sudden nd violent rending of the Insured Property y force of internl fluid pressure (other thn pressure of chemicl ction or ignition of the contents or of ignited flue gses) cusing odily displcement of ny prt of the Insured Property together with forcile ejectment of the contents. Loction The ddress shown in the Schedule where Insured Property is situted. Period of Insurnce Period from the effective dte to the renewl dte s shown in the Schedule. Policy The contrct of insurnce formed of the Policy wording Schedule nd ny proposl mde y the Insured or on their ehlf to the Insurers (whether or not such proposl is recorded in writing). 2
Property Engineering Insurnce Policy Wording Insurnce Cover Limit of Liility The insurnce defined under ech Cover pplies during the Period of Insurnce nd t ny Loction specified in the Schedule within the Territoril Limits. Cover One Dmge to Insured Property Sudden nd unforeseen dmge (including Explosion) to the Insured Property. Cover Two Surrounding Property Dmge to Surrounding Property directly consequent on nd solely due to Explosion of Insured Property insured y Cover One cused y internl stem pressure. Cover Three Increse In Cost Of Working Additionl expenditure necessrily nd resonly incurred y the Insured during the Indemnity Period to prevent or minimise interruption of or interference with the opertions of the usiness crried out y the Insured Property in consequence of dmge insured y this Policy. The liility of the Insurers shll not exceed c d Cover One 500,000 or ny Limit of Liility shown in the Schedule in sustitution for this mount Cover Two 2,000,000 or ny Limit of Liility shown in the Schedule in sustitution for this mount Cover Three 250,000 or ny Limit of Liility shown in the Schedule in sustitution for this mount Cover Four 25,000 in respect of ech individul storge tnk or ny Limit of Liility shown in the Schedule in sustitution for this mount nd in ddition e ny mount shown in the Extensions in respect of ny one ccident or series of ccidents rising from one occurrence of loss or dmge. Cover Four Loss of Contents Loss of the contents of storge tnks elonging to the Insured or for which they re responsile due to i ccidentl lekge dischrge or overflow from the tnks or ii contmintion of the contents of the storge tnks. The cost incurred y the Insured in clening up the loss of contents of the storge tnks following ove. 3
Property Engineering Insurnce Policy Wording Insurnce Cover Extensions This Policy is extended to cover 1 Additions to Schedule ny item of plnt of similr clss or type to the Insured Property owned y the Insured or for which they hve responsiility t ny premises in the United Kingdom which the Insured hd indvertently filed to insure under this Policy or ny other policy or purchsed y or lesed to the Insured during the Period of Insurnce nd locted t premises newly cquired y the Insured of similr nture to the Loction specified in the Schedule nywhere in the United Kingdom to the extent tht the Insureds interest is not protected y ny other more specific insurnce for mximum period of twelve (12) months from the time instlltion is completed or the dte the Insured cquired their interest in the plnt whichever is lter. Provided tht instlltion of the plnt hs een completed nd the item is redy to commence norml working c immeditely on ecoming wre of i ny plnt indvertently not insured the Insured shll rrnge insurnce with the Insurers with effect from inception of this Policy or the dte on which the insurnce should hve een rrnged whichever is lter ii ny plnt indvertently not insured for ll the risks insured y this Policy the Insured shll rrnge insurnce for the uninsured risks with effect from inception of this Policy on the dte on which the insurnce should hve een rrnged whichever is lter ny item of plnt which is suject to the terms of this Extension i is so fr s the Insured is wre suitle for service free from mteril defects nd in sound working condition ii shll not e worked until ny relevnt sttutory provisions for exmintion nd certifiction hve een fulfilled iii shll e insured to the sme extent nd to the sme Limit of Liility s similr items of Insured Property descried in the Schedule iv shll cese to e insured from the dte of notifiction to the Insured from the Insurers should the item of plnt prove to e uncceptle to the Insurers 2 Temporry Removl loss of or dmge to the Insured Property occurring within the Europen Union or Europen Free Trde Are while it is temporrily locted t ny other loction or in trnsit for the purposes of repir service or mintennce. Provided tht the totl liility of the Insurers under this Extension for loss of or dmge to Insured Property during se or ir trnsit shll not exceed 250,000. Insurnce Cover Exclusion 2 Perils does not pply to this Extension of cover. 3 Imminent Dmge the cost incurred y the Insured in tking resonle mesures to void or reduce imminent loss or dmge which would hve resulted in clim under this Policy. Provided tht the imminent loss or dmge did not rise from resonly foreseele cuse c d the loss or dmge would hve een the nturl outcome to e expected in the sence of the mesures tken the Insurers re stisfied tht loss or dmge which would hve een insured under this Policy hs een voided or reduced in consequence of the mesures tken the liility of the Insurers shll not exceed the cost which would hve een incurred hd the mesures not een tken nd loss or dmge insured y this Policy hd occurred. 4 Deris Removl the cost necessrily nd resonly incurred y the Insured with the consent of the Insurers in the removl of Insured Property following loss or dmge insured y this Policy. Provided tht the totl liility of the Insurers for the cost of rectifiction of loss or dmge nd the removl of Insured Property shll not exceed the Limit of Liility shown in the Schedule. d the Insurers liility under this Extension shll not exceed 500,000. 4
Property Engineering Insurnce Policy Wording Insurnce Cover Extensions continued This Policy is extended to cover 5 Additionl Cost necessry nd resonle cost (if previously pproved y the Insurers) incurred y the Insured following loss or dmge insured y this Policy in effecting temporry repir or expediting permnent repir. Provided tht the liility of the Insurers shll not exceed 50,000. 6 Professionl Accountnts Chrges necessry nd resonle cost incurred in producing nd certifying ny prticulrs or detils required y the Insurers in connection with n event for which liility hs een ccepted ut limited to the dditionl fees chrged y the usul uditors of the Insured. 7 Repir Investigtion Cost necessry nd resonle cost (including Consultnt Engineers Fees) incurred with the consent of the Insurers in conducting investigtions nd/or tests into possile repir (whether successful or not) replcement or reinsttement of Insured Property following loss or dmge insured y this Policy. 8 Pyments on Account pyment s greed etween the Insured nd the Insurers in dvnce of finl settlement of clim under this Policy where the Insurers hve dmitted liility. 9 Hired in Plnt the legl liility of the Insured under the terms of their hiring greement or otherwise to py compenstion for loss of or dmge to Hired in Plnt while t or while in trnsit (other thn y se or ir) to or from ny Loction shown in the Schedule nd continuing hire chrges s result of loss of or dmge to Hired in Plnt for which indemnity is provided y ove. In ddition the Insurers will py ll legl expenses for which the Insured my ecome lile where legl proceedings hve een defended with the written consent of the Insurers. Hired in Plnt mens plnt or mchinery with replcement vlue not more thn 10,000 hired y the Insured ut not plnt on hire purchse or suject to lese greement or on free lon. Provided tht the terms of ny hiring greement shll e no more onerous thn the Model Conditions for the hiring of plnt pproved y The Construction Plnt-hire Assocition where the hire chrges pid during the Period of Insurnce exceed 2,000 the Insured shll declre the hire chrges pid nd shll py the dditionl premium requested y the Insurers c the liility of the Insurers shll not exceed 20,000. Insurnce Cover Exclusion 2 Perils does not pply to this Extension of cover. 5
Property Engineering Insurnce Policy Wording Reinsttement nd Pulic Authorities In the event of dmge to: Insured Property nd/or Surrounding Property dmged y Explosion of pressure plnt for which liility is ccepted the sis on which the mount pyle is to e clculted shll e the Reinsttement of the Insured Property or Surrounding Property. Reinsttement shll men: where the Insured Property or Surrounding Property is destroyed i if uilding the reuilding of the property ii if not uilding its replcement y similr plnt or property in either cse to condition equl to ut not etter or more extensive thn its condition when new where the Insured Property or Surrounding Property is dmged the repir of the dmged portion to condition sustntilly the sme s ut not etter or more extensive thn its condition when new 5 the Insurers shll not e lile for the cost incurred in complying with ny of the legisltion or regultions under c i in respect of dmge occurring prior to the introduction of this cluse ii under which notice hs een served on the Insured prior to the hppening of the dmge iii in respect of undmged property iv in respect of ny tx duty development or other chrge which my e pyle for complince with ny regultions. Where y reson of the ove provisions no pyment is to e mde eyond the mount which would hve een pyle if this cluse hd not een incorported the rights nd liilities of the Insurers nd the Insured in respect of the destruction or dmge shll e suject to the terms of this Policy s if this Reinsttement nd Pulic Authorities cluse hd not een incorported. c dditionl work solely necessry to comply with Europen Union legisltion or uilding or other regultions under or frmed in pursunce of ny Act of Prliment or ye-lws of ny municipl or locl uthority. Provided tht 1 the liility of the Insurers shll not exceed the Limits of Liility under this Policy 2 the term Surrounding Property shll not include nything sold supplied processed serviced mnufctured or stored in the course of the trde or usiness of the Insured where the sis of settlement will e indemnity nd no pyment shll e mde eyond tht which would hve een pyle if this Reinsttement nd Pulic Authorities cluse hd not een included 3 where the Insured Property or Surrounding Property is dmged or destroyed in prt only the liility of the Insurers shll not exceed the mount which would hve een pyle hd the Insured Property or Surrounding Property een totlly destroyed 4 no pyment eyond tht which would hve een pyle if this cluse hd not een included shll e mde i unless the work of reinsttement is commenced nd crried out without unnecessry dely ii until reinsttement hs een crried out iii if t the time of ny loss or dmge the Insured Property or Surrounding Property shll e covered y ny other insurnce effected y or on ehlf of the Insured which is not on reinsttement sis 6
Property Engineering Insurnce Policy Wording Insurnce Cover Exclusions This Policy does not cover 1 Excess the mount stted in the Schedule s the Excess in respect of ech nd every occurrence for which the Insured is indemnified y this Policy. 2 Perils loss dmge or dditionl expenditure cused y c d e f g fire however cused fire extinguishing fluid explosion other thn specificlly insured y this Policy lightning erthquke storm tempest flood inundtion wter ircrft or other eril devices or rticles dropped therefrom susidence or other ground movement or displcement theft or ttempted theft riot strike lockout nd civil commotion. 3 Wer nd Ter or Grdul Deteriortion the cost of rectifiction of inevitle wer nd ter erosion corrosion or other deteriortion cused y or nturlly resulting from ordinry work use or exposure grdully developing flws or frctures which do not necessitte immedite stoppge ut not dmge insured y this Policy resulting from or unless otherwise excluded. 6 Loss Dmge or Contmintion of Storge Tnk Contents loss dmge or contmintion of the contents of storge tnks resulting from the nturl settling seprtion or ccumultion of fluids or mterils constituting the norml contents the delierte use of fluids or mteril in the storge tnks for clening flushing or similr purposes. 7 Solidifiction of Contents or Biologicl Activity loss of contents of storge tnks resulting from solidifiction of the contents however cused or loss of contents due to iologicl ctivity in the contents. 8 Trnsit of Storge Tnks loss of contents of storge tnks sustined while the storge tnks re in trnsit etween Loctions or working positions. 9 Scrtching scrtching of pinted or polished surfces unless ccompnied y indemnifile dmge to the item. 4 Other Consequentil Loss liquidted dmges penlties for dely or detention or in connection with gurntees of performnce or efficiency or loss of use or ny other form of consequentil loss not specificlly provided for y this Policy. 5 Overloding or Appliction of Tools loss dmge or dditionl expenditure cused y nd occurring during intentionl overloding cused y the direct ppliction of tools in the course of ny modifiction mintennce repir or overhul. This Exclusion shll not pply to loss dmge or dditionl expenditure cused y nd occurring during the checking of the correct working of the Insured Property or of sfety instlltions connected with the Insured Property. 7
Property Engineering Insurnce Policy Wording Insurnce Cover Generl Exclusions This Policy does not cover loss dmge legl liility dditionl expenditure or cost consisting of or in consequence of 1 Wr nd Kindred Risks loss or dmge (whether sudden nd unforeseen or not) directly or indirectly cused y wr invsion ct of foreign enemy hostilities (whether wr e declred or not) civil wr reellion revolution insurrection or militry or usurped power confisction ntionlistion requisition or destruction of or dmge to property y order of the Government or ny Pulic Municipl or Locl Authority. in the cse of Insured Property outside Gret Britin Northern Irelnd the Isle of Mn nd the Chnnel Islnds loss or dmge directly or indirectly cused y wrlike opertions mutiny conspircy mrtil lw stte of siege or ny events or cuses which determine the proclmtion or mintennce of mrtil lw or stte of siege riot civil commotion strike lock-out persons tking prt in lour disturnces or mlicious persons cting on ehlf of or in connection with ny politicl orgnistion. 2 Rdioctive Contmintion loss or dmge (whether sudden nd unforeseen or not) directly or indirectly cused y or contriuted to y or rising from c ionising rditions from or contmintion y rdioctivity from ny nucler fuel or from ny nucler wste or from the comustion of nucler fuel the rdioctive toxic explosive or other hzrdous or contminting properties of ny nucler instlltion rector or other nucler ssemly or nucler component thereof ny wepon or other device utilising rdioctive mteril nd/or mtter nd/or ionising rdition nd/or tomic or nucler fission nd/or fusion or other like rection. 3 Terrorism loss or dmge (whether sudden nd unforeseen or not) directly or indirectly cused y resulting from or in connection with in respect of Englnd Wles nd Scotlnd ut not the territoril ses djcent thereto s defined y the Territoril Se Act 1987: i ny ct of Terrorism regrdless of ny other cuse or event contriuting concurrently or in ny other sequence to the loss ii ny ction tken in controlling preventing suppressing or in ny wy relting to ny ct of Terrorism In respect of ove n ct of Terrorism mens: Acts of persons cting on ehlf of or in connection with ny orgnistion which crries out ctivities directed towrds the overthrowing or influencing y force or violence of Her Mjesty s government in the United Kingdom or ny other government de jure or de fcto. in respect of territories other thn those stted in ove: i ny ct of Terrorism regrdless of ny other cuse or event contriuting concurrently or in ny other sequence to the loss ii ny ction tken in controlling preventing suppressing or in ny wy relting to ny ct of Terrorism iii riot or civil commotion in Northern Irelnd In respect of ove n ct of Terrorism mens: Any ct including ut not limited to the use of force or violence nd/or the thret thereof of ny person or group(s) of persons whether cting lone or on ehlf of or in connection with ny orgnistion(s) or government(s) committed for politicl religious ideologicl or similr purposes including the intention to influence ny government nd/or to put the pulic or ny section of the pulic in fer. In ny ction suit or other proceedings where the Insurers llege tht y reson of this Exclusion ny loss dmge or liility is not covered y this Policy (or is covered only up to specified Limit of Liility) the urden of proving the contrry shll e on the Insured. In the event ny prt of this Exclusion is found to e invlid or unenforcele the reminder shll remin in full force nd effect. 8
Property Engineering Insurnce Policy Wording Insurnce Cover Generl Exclusions continued This Policy does not cover loss dmge legl liility dditionl expenditure or cost consisting of or in consequence of 4 E Risks loss or dmge (whether sudden nd unforeseen or not) to ny computer or other equipment or component or system or item which processes stores trnsmits or retrieves dt or ny prt of computer or other equipment or component or system or item which processes stores trnsmits or retrieves dt whether tngile or intngile (including ut without limittion ny dt informtion or progrms or softwre) nd whether prt of the Insured Property or not cused directly or indirectly y i ii Virus or Similr Mechnism progrm code progrmming instruction or ny set of instructions intentionlly constructed with the ility to dmge interfere with or otherwise dversely ffect computer progrms dt files or opertions whether involving self repliction or not. This includes ut is not limited to viruses trojn horses worms nd logic oms Hcking unuthorised ccess to ny computer or other equipment or component or system or item whether prt of the Insured Property or not which processes stores trnsmits or retrieves dt 6 Computer Dte Recognition loss or dmge (whether sudden nd unforeseen or not) directly or indirectly cused y or consisting of or rising from the filure of ny computer or other equipment or system for processing storing or retrieving dt whether the property of the Insured or not c correctly to recognise ny dte s its true clendr dte to cpture sve or retin nd/or correctly to mnipulte interpret or process ny dt or informtion or commnd or instruction s result of treting ny dte otherwise thn s its true clendr dte to cpture sve retin or correctly to process ny dt s result of the opertion of ny commnd which hs een progrmmed into ny computer softwre eing commnd which cuses the loss of dt or the inility to cpture sve retin or correctly to process such dt on or fter ny dte ut this Exclusion shll not pply to susequent loss or dmge rising from or cused y fire lightning explosion ircrft or other eril devices or rticles dropped therefrom riot civil commotion strikers locked out workers persons tking prt in lour disturnces mlicious persons other thn thieves erthquke storm flood escpe of wter from ny tnk pprtus or pipe or impct y ny rod vehicle or niml which would ut for the ppliction of this Exclusion e insured y this Policy. ut this Exclusion shll not pply to susequent loss or dmge rising from or cused y fire lightning explosion ircrft or other eril devices or rticles dropped therefrom riot civil commotion strikers locked out workers persons tking prt in lour disturnces erthquke storm flood escpe of wter from ny tnk pprtus or pipe or impct y ny rod vehicle or niml which would ut for the ppliction of this Exclusion e insured y this Policy. 5 Pollution or Contmintion loss or dmge (whether sudden nd unforeseen or not) directly or indirectly cused y or contriuted to y or rising from pollution or contmintion. This Exclusion shll not pply to cost rising from pollution or contmintion of Insured Property cused directly y n occurrence which is insured y this Policy. 9
Property Engineering Insurnce Policy Wording Insurnce Cover Generl Conditions 1 Survey nd Risk Improvement Sujectivity Condition It is Condition of this Policy tht 3 Fir Presenttion of the Risk The Insured must mke fir presenttion of the risk to the Insurers t inception renewl nd vrition of the Policy. the Insurers hve the right to crry out survey of the risks insured t ny time mutully greed with the Insured the Insured shll comply with ll survey risk requirements stipulted y the Insurers within the completion time scles specified y the Insurers. The Insurers my void the Policy nd refuse to py ny clims where ny filure to mke fir presenttion is i delierte or reckless or ii of such other nture tht if the Insured hd mde fir presenttion the Insurers would not hve issued the Policy. In the event tht risk requirement is not completed or risk requirement procedures re not introduced within the completion time scles specified y the Insurers then the Insurers reserve the right to either continue cover suject to ltertion of the terms nd Conditions of such cover or to suspend cover effective from the expiry of ny time period specified y the Insurers for completion/introduction of the required survey risk improvements until such risk requirement is completed or risk requirement procedures introduced. If the terms or Conditions of cover re mended y the Insurers then the Insured will hve fourteen (14) clendr dys to ccept or reject the revised sis of cover. If the Insured elect to reject the revised sis of cover then the Insured will e entitled to refund of premium provided tht no clim hs een mde during the current Period of Insurnce. If the Insurers exercise the right to suspend cover then the Insured will e entitled to refund of premium in respect of such period tht cover is suspended provided tht no clim hs een mde during the current Period of Insurnce. All other terms nd Conditions of this Policy shll pply to the extent tht they re not in conflict with this Condition. 2 Oservnce of Policy Terms The liility of the Insurers will e conditionl on the Insured complying nd s pproprite ny other person entitled to indemnity complying s though they were the Insured with the terms of this Policy. c The Insurers will return the premium pid y the Insured unless the filure to mke fir presenttion is delierte or reckless. If the Insurers would hve issued the Policy on different terms hd the Insured mde fir presenttion the Insurer will not void the Policy (except where the filure is delierte or reckless) ut the Insurers my insted i reduce proportiontely the mount pid or pyle on ny clim the proportion for which the Insurers re lile eing clculted y compring the premium ctully chrged s percentge of the premium which the Insurers would hve chrged hd the Insured mde fir presenttion nd/or ii tret the Policy s if it hd included such dditionl terms (other thn those requiring pyment of premium) s the Insurers would hve imposed hd the Insured mde fir presenttion. For the purposes of this cluse references to 1 voiding Policy mens treting the Policy s if it hd not existed from the inception dte (where the filure to mke fir presenttion of the risk occurs efore or t the inception of the Policy) the renewl dte (where the filure occurs t renewl of the Policy) or the vrition dte (where the filure occurs when the Policy is vried) 2 refunds of premium should e treted s refunds of premium ck to the inception dte renewl dte or vrition dte s the context requires 3 issuing Policy should e treted s references to issuing the Policy t inception renewing or vrying the Policy s the context requires. 10
Property Engineering Insurnce Policy Wording Insurnce Cover Generl Conditions continued 4 Altertion In Risk The Insured must notify the Insurers s soon s possile if during the Period of Insurnce the usiness is wound up or crried on y liquidtor or receiver or permnently discontinued the interest of the Insured ceses other thn y deth c there is ny ltertion to the fcts or mtters set out in the Schedule or otherwise comprising the risk presenttion mde y the Insured to the Insurers t inception renewl or vrition of the Policy which mterilly increses the risk of loss dmge legl liility dditionl expenditure or cost. Upon eing notified of ny such ltertion the Insurers my t their solute discretion i continue to provide cover under this Policy on the sme terms ii restrict the cover provided under this Policy iii impose dditionl terms iv lter the premium v cncel the Policy. If the Insured fils to notify the Insurers of ny mteril ltertion of the risk the Insurers my 1 tret the Policy s if it hd come to n end s t the dte of the ltertion of the risk returning proportionte mount of the premium for the unexpired Period of Insurnce if the Insurers would hve cncelled the Policy hd they known of the increse in risk 2 tret the Policy s if it hd contined such terms (other thn relting to premium) or other restrictions (if ny) from the dte of the ltertion in risk s the Insurers would hve pplied hd they known of the increse in risk 3 reduce proportiontely the mount pid or pyle on ny clim the proportion for which the Insurers re lile eing clculted y compring the premium ctully chrged s percentge of the premium which the Insurers would hve chrged hd they known of the increse in risk. 5 Resonle Precutions It is condition precedent to the liility of the Insurers tht the Insured shll tke ll resonle precutions to sfegurd the Insured Property ginst loss or dmge nd the Insured shll mintin the Insured Property in n efficient condition nd tke ll resonle steps to ensure tht ll Government nd other regultions relting to the opertion nd use of the Insured Property re oserved. 6 Cncelltion Other thn where Clims Condition 3 pplies the Insurers my cncel this Policy y giving the Insured thirty (30) clendr dys notice in writing t their lst known ddress. Provided the premium hs een pid in full nd no clim hs een mde during the Period of Insurnce the Insured shll e entitled to proportionte rete of premium in respect of the unexpired period of the insurnce. If the premium for this Policy is pid y instlments nd in the event tht the Insured fils to py one or more instlments whether in full or in prt the Insurer my cncel the Policy y giving the Insured fourteen (14) clendr dys notice in writing t their lst known ddress. 7 Non Invlidtion This Policy shll not e invlidted y ny ct or omission or y ny ltertion wherey the risk of indemnifile loss or dmge is incresed unknown to or eyond the control of the Insured provided tht immeditely the Insured ecomes wre of the incresed risk notice is given to the Insurers nd ny dditionl premium required is pid. 8 Generl Interest The interests of freeholders lessees tennts underlessees ssignees nd/or mortggees of the Insured Property re noted in the insurnce provided y this Policy suject to their nmes eing disclosed to the Insurers. 11
Property Engineering Insurnce Policy Wording Insurnce Cover Generl Conditions continued 9 Contrct Purchse Agreement If t the time of n indemnifile incident the Insured hs contrcted to sell their interest in ny Insured Property nd the purchse hs not een completed the purchser shll on completion of the purchse e entitled to enefit under this Policy without prejudice to the rights nd liilities of the Insured nd of the Insurers. Provided tht c d the totl liility of the Insurers to the Insured nd ny other prty entitled enefit under this Policy shll not exceed the Limit of Liility the purchser hs n insurle interest in the Insured Property the Insured Property is not otherwise insured ginst the indemnifile incident y the purchser or on their ehlf the purchser rrnges for the Insurers to continue cover for the Insured Property on completion of the sle nd there is prompt pyment of the pproprite first premium. 10 Lw nd Lnguge Applicle Unless the Insurers gree otherwise the lnguge of the Policy nd ll communictions relting to it will e in English nd 12 Condition Precedents If the Insured does not comply with ny prt of ny condition which mkes pyment of clim conditionl upon complince with it ( condition precedent) the Insurers will not py for ny clim except tht where the condition concerned c opertes only in connection with prticulr premises or Loctions the Insurers will py for clims rising out of n event occurring t other premises or Loctions which re not specified in the condition opertes only t prticulr times the Insurers will py for ny clim where the Insured shows on the lnce of proilities tht its non-complince with the condition did not cuse or contriute to the loss dmge legl liility dditionl expenditure or cost which occurred would if complied with tend to reduce prticulr types of loss dmge legl liility dditionl expenditure or cost or s the context my require liility the Insurers will py for ny clim where the Insured shows on the lnce of proilities tht its non-complince with the condition did not cuse or contriute to the loss dmge legl liility dditionl expenditure or cost which occurred. ll spects of the Policy including negotition nd performnce re suject to English lw nd the decisions of English courts. 11 Assignment The Insured shll not ssign ny of the rights or enefits under this Policy without the prior written consent of the Insurer. The Insurer will not e ound to ccept or e ffected y ny notice of trust chrge lien or purported ssignment or other deling with or relting to this Policy. 12
Property Engineering Insurnce Policy Wording Insurnce Cover Clims Conditions 1 Clims Procedures In the event of ny occurrence giving rise or likely to give rise to clim under this Policy it is condition precedent to the liility of the Insurers tht the Insured shll t their own expense deliver to the Insurer i within thirty (30) clendr dys fter such occurrence (seven (7) clendr dys in the cse of loss or dmge y riot civil commotion strikers locked-out workers persons tking prt in lour disturnces mlicious persons or theft) or such further time s the Insurer my llow in writing 1 full informtion in writing of the Insured Property nd the mount of loss or dmge 2 detils of ny other insurnces on the Insured Property covered y this Policy ii ll such proof nd informtion relting to the clim s my resonly e required iii if required sttutory declrtion of the truth of the clim nd of ny mtters connected with it preserve ny dmged or defective Insured Property for inspection y the representtives of the Insurers c in the cse of Insured Property lost stolen or wilfully dmged tke ll steps (including immedite notifiction to the Police) to discover ny guilty person nd recover the property 2 Options for Clims Settlement c d The Insurers my t their option repir reinstte or replce wht is dmged or py for the dmge in money. If ny Insured Property is to e reinstted or replced y the Insurers the Insured shll t their own expense provide ll such plns documents ooks nd informtion s my resonly e required. The Insurers shll not e ound to reinstte exctly ut only s circumstnces permit nd in resonly sufficient mnner. The Insurers shll not e lile for the cost of ny repirs undertken without their written consent except in urgent cses where it hs een necessry to put minor repirs in hnd. Provided tht i the requirements of Clims Conditions 1 nd 5 hve een complied with nd ii the repirs re crried out to the stisfction of the Insurers. Where loss or dmge is confined to prt of mchine or structure the Insurers shll e lile for the vlue of tht prt plus the cost of ny necessry dismntling nd erection for which the Insured is responsile. The Insured shll not e entitled to ndon ny property to the Insurers whether tken into the possession of the Insurers or not. d e f g h crry out nd permit to e tken ny resonle ction to prevent further loss dmge liility cost or dditionl expenditure in the cse of ny clim mde ginst the Insured y ny third prty forwrd every clim writ or other document immeditely nd uncknowledged to the Insurers not py or offer or gree to py ny money or mke ny dmission of liility without the prior consent of the Insurers furnish t their own expense ll prticulrs nd informtion s the Insurers require llow the Insurers in the nme of nd on ehlf of the Insured to tke over nd during such periods s they think proper to hve the solute conduct nd control of ll negotitions nd proceedings which my rise in respect of ny clim nd its settlement nd the Insured shll give the Insurers ll necessry ssistnce for tht purpose. 13
Property Engineering Insurnce Policy Wording Insurnce Cover Clims Conditions continued 3 Frud If the Insured or nyone cting on the Insured s ehlf c d mkes ny flse or frudulent clim mkes ny exggerted clim supports clim y flse or frudulent documents devices or sttements (whether or not the clim is itself genuine) or mkes clim for loss or dmge which the Insured or nyone cting on the Insured s ehlf deliertely cused the Insurers will i ii refuse to py the whole of the clim nd recover from the Insured ny sums tht they hve lredy pid in respect of the clim. The Insurers my lso notify the Insured tht they will e treting the Policy s hving terminted with effect from the dte of the erliest of ny of the cts set out in su-cluses d ove. In tht event the Insured will 1 hve no cover under the Policy from the dte of the termintion nd 2 not e entitled to ny refund of premium. 4 Contriution If t the time ny clim rises there is ny other insurnce effected y or on ehlf of the Insured covering loss or dmge insured y this Policy the liility of the Insurers shll e limited to its rtele proportion of the loss. 5 Surogtion Any climnt under this Policy shll t the request nd expense of the Insurers tke or permit to e tken ll necessry steps for enforcing rights ginst ny other prty in the nme of the Insured efore or fter ny pyment is mde y the Insurers. 7 Multiple Insureds In the event tht the Insured consists of more thn one prty or legl entity the mount pyle shll not exceed the mount for which the Insurers would hve een lile hd the loss or dmge een sustined y ny one of the Insured. 8 Wiver of Surogtion Rights The Insurers gree to wive ny rights ginst c d ny compny stnding in the reltion of prent to susidiry to the Insured s defined in Section 736 of the compnies ct 1985 ny compny stnding in the reltion of susidiry to prent to the Insured s defined in Section 736 of the compnies ct 1985 ny compny which is susidiry of prent compny of which the Insured is susidiry in ech cse within the mening of Section 736 of the compnies ct 1985 tennt or lessee in respect of indemnifile dmge to Insured Property in the demise to tht tennt or lessee or to common Insured Property or where the premium hs een pid or is contrcted to e pid y the tennt or lessee unless the dmge rises out of criminl or frudulent or mlicious ct of the tennt or lessee. 9 Averge If t the time of loss or dmge the sum representing eightyfive percent (85%) of the new replcement vlue of the Insured Property exceeds the sum declred y the Insured for the purpose of clcultion of premium then the Insured shll e considered to e his own insurer for the difference etween the sum declred nd the new replcement vlue of the Insured Property nd shll er rtele shre of the mount of loss or dmge. 6 Aritrtion If ny difference rises s to the mount to e pid under this Policy this difference shll e referred to n ritrtor to e ppointed y the prties in ccordnce with sttutory provisions. Where ny difference is y this Condition to e referred to ritrtion the mking of the wrd shll e condition precedent to ny right of ction ginst the Insurers. 14
Property Engineering Insurnce Policy Wording Insurnce Complints Procedure Allinz Insurnce plc im to get it right, first time, every time. If we (the Insurers) mke mistke we will try to put it right promptly. We will lwys confirm to you (the Insured) the receipt of your complint within five (5) working dys nd do our est to resolve the prolem within four (4) working weeks. If we cnnot we will let you know when n nswer my e expected. If we hve not resolved the sitution within eight weeks we will provide you with informtion out the Finncil Omudsmn Service. Finncil Services Compenstion Scheme Allinz Insurnce plc contriutes to the Finncil Services Compenstion Scheme (FSCS). You (the Insured) my e entitled to compenstion from the FSCS if we (the Insurers) re unle to meet our liilities. Further informtion out compenstion scheme rrngements is ville t www.fscs.org.uk, y emiling enquiries@fscs.org.uk or y phoning the FSCS on 0800 678 1100 or 0207 741 4100. Should you wish to mke complint then it should e directed to the Customer Stisfction Mnger t the Allinz loction shown elow: Allinz Engineering Hed Office Hslemere Rod Liphook Hmpshire GU30 7UN UK Tel: 01428 722407 Fx: 01428 724824 Emil: customer.stisfction@llinz.co.uk Using our complints procedure or referrl to the Finncil Omudsmn Service does not ffect your legl rights. 15
Property Engineering Insurnce Policy Wording Dt Protection Act Notifying Clim Allinz Insurnce plc together with other compnies within the Allinz SE group of compnies ( Allinz ) my use the personl nd usiness detils you (the Insured) hve provided or which re supplied y third prties including ny detils of directors officers prtners nd employees (whose consent you must otin) to: provide you with quottion, del with the ssocited dministrtion of your Policy nd to hndle clims; serch credit reference, credit scoring nd frud gencies who my keep record of the serch; shre with other insurnce orgnistions to help offset risks, dminister your Policy, for sttisticl nlysis nd to hndle clims nd prevent frud; support the development of our usiness y including your detils in customer surveys, for mrket reserch nd usiness reviews which my e crried out y third prties cting on our ehlf. Clims under this Policy should e notified to the Insurers in ccordnce with the Clims Conditions of the Policy t the following Allinz Office. Plese provide your Policy numer nd s much informtion s possile out the clim: Allinz Engineering Clims Deprtment Hslemere Rod Liphook Hmpshire GU30 7UN Tel: 01483 265825 Emil: clims@llinzengineering.co.uk Lines re open from 9m to 5pm Mondy to Fridy Allinz my need to collect nd process dt relting to individuls who my enefit from the Policy ( Insured Persons ) which under the Dt Protection Act is defined s sensitive (such s medicl history of Insured Persons) for the purpose of evluting the risk nd/or dministering clims which my occur. You must ensure tht you hve explicit verl or written consent from the Insured Persons to such informtion eing processed y Allinz nd tht this fct is mde known to the Insured Persons. Telephone clls my e recorded for our mutul protection, trining nd monitoring purposes. Under the Dt Protection Act 1998 individuls re entitled to request copy of ll the personl informtion Allinz Insurnce plc holds out them. Plese contct the Customer Stisfction Mnger, Allinz Insurnce plc, Hslemere Rod, Liphook, Hmpshire, GU30 7UN. Personl detils my e trnsferred to countries outside the EEA. They will t ll times e held securely nd hndled with the utmost cre in ccordnce with ll principles of English lw. By pplying for nd/or entering into this insurnce Policy you will e deemed to specificlly consent to the use of your dt nd your insurnce Policy dt in this wy nd for these purposes nd tht your directors, officers, prtners nd employees hve consented to our using their detils in this wy. 16
Property Engineering Inspection Contrct Prt 2 Inspection Contrct Plese red this section if you selected to purchse Inspection Services. If you did not purchse Inspection Services, Prt 2 is not relevnt plese refer to Prt 1 which contins the Property Engineering Insurnce policy. Allinz Engineering Inspection Services Limited (referred to s the Inspection Compny ) will crry out Inspections for the Client nmed in the Schedule in ccordnce with nd suject to the terms of this Contrct. Plese red ll the pges of this Contrct nd Schedule crefully to ensure tht your Inspection requirements re met. For Allinz Engineering Inspection Services Limited Simon McGinn Director 17
Property Engineering Inspection Contrct Inspection Service Definitions The following words nd expressions hve een given the specific mening set out elow nd shll hve the sme mening wherever they pper in the Contrct unless the context sttes otherwise: Client The person or persons nmed s the Insured in the Schedule. Competent Person The Inspection Compny nd/or ny engineer surveyor, stndrds engineer, specil service engineer, principl engineer or other such ppropritely qulified person uthorised nd employed or sucontrcted y the Inspection Compny to perform the Inspection Service (s the context my require). Contrct The Contrct etween the Client nd the Inspection Compny for the Inspection Service which includes these conditions together with the Schedule nd (where greed etween the prties) ny proposl mde y the Client to the Inspection Compny. In the event of ny conflict etween the Client s proposl nd these conditions, these conditions shll previl. Contrct Period The period of the Contrct shown in the Schedule. Force Mjeure Event An event outside the resonle control of prty including without limittion: riot; civil unrest; militry ction or terrorism; dmge to or destruction of premises, equipment or dt; erthquke, storm, flood, or other nturl disster; severe wether; industril ction, strikes or lock-outs y employees of third prties; inility to otin supplies of power, fuel, or trnsport; nd/or exercise of emergency powers y ny governmentl uthority whether ntionl, regionl or locl. Group In reltion to the Inspection Compny, the Inspection Compny, ny susidiry or ny holding compny from time to time of the Inspection Compny, nd ny susidiry from time to time of holding compny of the Inspection Compny (with susidiry nd holding compny defined s per section 1159 of the Compnies Act 2006). Inspection An exmintion or inspection of Plnt or equipment on ehlf of the Client of type required y legisltion or regultion (or s otherwise greed etween the Inspection Compny nd the Client). Certin regultions require thorough exmintions to e undertken whilst others require inspections. For the purpose of this Contrct, the two expressions re synonymous nd the generic expression used throughout is Inspection. Inspection Compny Allinz Engineering Inspection Services Limited trding s Allinz Engineering. Inspection Service An Inspection of Plnt y Competent Person nd (where pplicle) in ccordnce with the requirements of such sttutory requirements s pply to the Plnt nd the provision of report of the Inspection y electronic mil or pper copy (s greed with the Client). Norml Working Hours 8.00 m to 6.00 pm Mondy to Fridy excluding pulic nk nd locl holidys. Plnt The mchinery nd equipment shown or summrised in the Schedule. Schedule The Schedule ttched to these conditions nd forming prt of the Contrct. Sites The loctions shown in the Schedule. Territoril Limits Gret Britin, Northern Irelnd, The Isle of Mn, the Chnnel Islnds nd Repulic of Irelnd. 18
Property Engineering Inspection Contrct The Contrct The Inspection Compny shll during the Contrct Period suject to erlier termintion provide the Client with n Inspection Service for Plnt within Norml Working Hours t the Sites within the Territoril Limits. For the voidnce of dout the Client cknowledges tht: i ii Sttutory regultions mde under the Helth nd Sfety t Work Act 1974 require the Client to hve the Plnt inspected. The provision of the Inspection Service does not relieve the Client of this responsiility. The Client cknowledges tht it is the Client s legl responsiility to hve the Plnt inspected in ccordnce with ll pplicle legisltion nd the Inspection Compny shll hve no liility to the Client for ny fines or other penlties incurred y the Client in this regrd (including without limittion ny fees for intervention levied ginst the Client y the Helth nd Sfety Executive); the Inspection Service will not include ny services not specificlly detiled within the Contrct including without limittion the following services (lthough such services my e ville suject to dditionl chrges nd the conclusion of seprte greement etween the prties): 1 preprtion of Written Scheme of Exmintion (s defined within the Pressure Systems Sfety Regultions 2000); 2 tgging systems for Plnt (Tgcheck); 3 non destructive testing of Plnt; 4 consultncy services; 5 specilist Inspections; 6 dditionl nd/or one off Inspections of Plnt; nd 7 r evisiting nd reinspecting n item of Plnt where the compny hs identified tht the item of Plnt is dnger to persons; iii it is responsile (t its own cost) for the cre, custody mintennce, repir nd control of the Plnt t ll times; iv the purpose of the Inspection Service is only to identify nd ssess defects in the workings of the Plnt nd where required y regultion the deteriortion tht ffects the sfety of the Plnt, ut not defects in existing designs or in ny proposed design chnges; v it is solely their oligtion to ensure tht the design of its Plnt nd ny prt of it is fit for purpose nd resonly sfe, oth y: 1 rrnging such nlysis of its design s my e found necessry; nd 2 promptly rectifying ny design defects of which they re or ought to e wre, including: ny design defects to which ny Competent Person my, without oligtion, drw ttention; nd/or y tking the Plnt out of service until these mtters hve een ttended to; vi unless greed in writing etween the Inspection Compny nd the Client, the Inspection Compny will not undertke the pprovl or the verifiction of the fitness for purpose of ny design or design fetures of the Plnt or ny prt of the Plnt nd oservtions nd recommendtions mde y the Competent Person on spects of design tht ffects sfety, shll not imply tht the Inspection Compny ccepts ny responsiility for the fitness for purpose of the design; vii unless greed in writing etween the Inspection Compny nd the Client, the Inspection Compny shll not: 1 crry out ny witnessing of ultrsonic, rdiogrphic or other tests of non-routine nture or ny proof lod, lod, stility, nchorge or similr tests; nd/or 2 specify, re-inspect, verify or pprove repirs unless greed in writing etween the Inspection Compny nd the Client or unless required to do so y regultion; viii the Inspection Compny hs nd ccepts no responsiility for dmge sustined y the Plnt s result of the filure of the Plnt to withstnd test pplied s prt of the Inspection Service; nd ix in providing the Inspection Service, the Inspection Compny follows the SAFed Helth nd Sfety Pssport Scheme. Any requirement or request y the Client for the provision of the Inspection Service to meet the stndrds of ny other pssport or similr scheme shll e the suject of seprte, written greement nd my involve pyment of n djusted Fee. 19
Property Engineering Inspection Contrct Inspection Service Conditions 1 The Inspection Compny shll: 1.1 crry out the Inspection Service with ll due cre in sfe mnner; 1.2 comply with the Client s sfe systems of work s notified to the Competent Person; 1.3 provide the Inspection Service within Norml Working Hours; 1.4 give the Client resonle prior notice of its intention to ttend Sites nd where pplicle, dvise the Client of the need to prepre the Plnt for Inspection; nd 1.5 produce report s soon s is resonly prcticle nd in ny event not lter thn fourteen (14) clendr dys following completion of n Inspection. 2 The Inspection Compny: 2.1 my ppoint su-contrctors to crry out the whole or ny prt of the Inspection Service, provided tht it uses ppropritely qulified nd ccredited su-contrctors nd remins responsile t ll times for their cts nd omissions; 2.2 my decline to crry out n Inspection if: i in its opinion, to do so would pose risk to the helth, sfety or welfre of the Competent Person or to the Client or to ny other person who my e ffected; or ii the Client or ny employee, gent, contrctor or other such person ssocited with the Client ehves in thretening or usive mnner towrds the Competent Person or ny other employee, gent or contrctor of the Inspection Compny (nd ny such thretening or usive ehviour shll constitute mteril rech of the Contrct on the prt of the Client for the purpose of Cluse 5.3 i); 2.3 will mke chrge in ddition to the Fee shown in the Schedule if: i the Client requests nd the Inspection Compny grees to crry out n Inspection outside Norml Working Hours; ii for sfety resons more thn one Competent Person is necessry to crry out the Inspection; iii the Client requires non-stndrd Inspection reports in pper form or requires specil reporting regime; iv the Client requires the Inspection Compny to use nd/or interfce with the Client s electronic systems (including without limittion ny sset mngement system) in connection with provision of the Inspection Service; v the Client requires the Competent Person to undertke induction sessions, trining or to comply with permit to work or other risk ssessment regimes or procedures specific to the Client s own helth, sfety nd welfre procedures of which the Inspection Compny ws not mde wre when the Contrct ws estlished or renewed; vi the Client fils to prepre or mke the Plnt ville to the Competent Person in ccordnce with these conditions on n greed pre-ppointed dte nd time; vii the Competent Person is delyed from commencing n Inspection y more thn fifteen (15) minutes ecuse the Client hs filed to comply with their oligtions under Section 3 of this Contrct; nd/or viii the Competent Person is delyed from leving the Sites y more thn fifteen (15) minutes ecuse of the Client s requirements for services including ut not limited to on-site meetings, verl or written reports tht re dditionl to the Contrct. 20
Property Engineering Inspection Contrct Inspection Service Conditions continued 3 The Client shll: 3.1 ensure tht ll documenttion (including lists nd/or detils of Plnt) provided to the Inspection Compny is true, complete nd ccurte in ll respects; 3.2 provide the Competent Person with: i sfe ccess to nd egress from the Sites; ii sfe working environment on the Sites; iii sfe physicl mens y which to gin ccess to crry out the Inspection of the Plnt; nd iv suitle rescue rrngements (including ut not limited to stndy men) should the Competent Person e required to work t heights nd/or in confined spces; 3.3 properly prepre, clen, cool, decommission nd dismntle the Plnt s necessry to enle the Competent Person to crry out the Inspection; 3.4 ressemle the Plnt following completion of the Inspection; 3.5 co-operte with nd upon request provide the Competent Person with such informtion nd dt relting to the Plnt s he requires to conduct the Inspection Service; 3.6 inform the Inspection Compny if the Competent Person or other such person ssocited with the Inspection Compny ehves in thretening or usive mnner towrds the Client or ny other employee, gent or contrctor of the Client; 3.7 provide the Inspection Compny with minimum of two (2) working dys notice in writing of the intention to cncel or postpone plnned Inspection. When such notice is not provided, the Inspection Compny shll e entitled to chrge for its wsted costs nd the cost of resources it is unle to rellocte; nd 3.8 notify the Inspection Compny either on or efore the renewl dte of the Contrct of its intention to renew such Contrct. In the event tht the Client decides to llow the Contrct to lpse ut fils to notify the Inspection Compny prior to ny Inspection Service eing undertken, the Client shll e lile to py for the Inspection Compny s fee in respect of such Inspection Service. 4 Fees The Inspection Compny nd the Client gree tht: 4.1 the Client will py the mount shown in the Schedule (the Fee) in clered funds to nk ccount nominted in writing y the Inspection Compny, or t the Inspection Compny s discretion y the Client s insurnce roker on ehlf of the Inspection Compny, in ech cse within thirty (30) clendr dys of the dte of the Inspection Compny s invoice or, if different, such period s is specified on the insurnce roker s invoice; 4.2 the Fee is clculted on Plnt s notified to the Inspection Compny y the Client t the strt of the Contrct Period; 4.3 where the prties hve greed tht n item of Plnt will not hve n Inspection t lest nnully, the Inspection Compny my gree to pportion the Fee for the Inspection Services for tht Plnt over susequent Contrct Periods; 4.4 where the Plnt is not mde ville y or on ehlf of the client in ccordnce with the terms of the Contrct for n Inspection, the Inspection Compny will issue Plnt Not Aville notice nd will seek to rerrnge time to crry out the Inspection. The Fees will remin pyle in respect of the initil Inspection nd dditionl Fees will e chrged for ny return visits required s result of the Plnt not eing mde ville. The provisions of Cluse 9.4 will lso pply; 4.5 the Fee my e djusted fter the Inspection is undertken should: i ii the detils of the Plnt notified to the Inspection Compny for the purposes of clculting the Fee differ from the Plnt on Site requiring n Inspection Service; or nything eyond the resonle control of the Inspection Compny (including without limittion chnge in pplicle legisltion) increse the cost to the Inspection Compny of provision of the Inspection Service; 4.6 the Client my dd or delete individul items of Plnt from the ctegories of Plnt shown in the Schedule during the Contrct Period; 21
Property Engineering Inspection Contrct Inspection Service Conditions continued 4.7 the Fee my e djusted t ny time during the Contrct Period to tke ccount of ny Plnt dded during the Contrct Period; 4.8 the Client will py or the Inspection Compny will refund the difference etween the Fee nd the djusted Fee s the cse my e; 4.9 the Inspection Compny will e entitled to chrge resonle expenses nd disursements incurred in performing the Inspections, including without limittion for work crried out outside of Norml Working Hours; 4.10 the Client must py ll undisputed invoices without ny deduction, withholding, counterclim or set-off; 4.11 the Inspection Compny my set-off ny mount owing to it y the Client ginst ny mount it owes to the Client; 4.12 ll Fees shll e suject to vlue dded tx t the pproprite rte; 4.13 if the Client disputes ny item of n invoice it must notify the Inspection Compny in writing within twenty-one (21) clendr dys of receipt of such invoice, fter which time the invoice shll e deemed ccepted; nd 4.14 should ny undisputed invoice remin unpid for further twenty-one (21) clendr dys following receipt y the Client of notice from the Inspection Compny tht pyment hs ecome overdue, the Inspection Compny will e entitled to suspend ll Inspections until such time s the invoice is settled in full, with the Inspection Compny providing no gurntee tht Plnt will e le to e inspected following resumption of Inspections in time for it to not ecome overdue. It is the Client s responsiility to rerrnge Inspection of such Plnt or tke it out of service nd the Inspection Compny will hve no liility to the Client in such circumstnces should the Plnt ecome overdue for Inspection. 5 Termintion of Contrct 5.1 The Inspection Compny my terminte the Contrct on thirty (30) clendr dys notice. If the Client hs pid the Fee in full the Client shll e entitled to refund of the Fees in respect of Inspections outstnding. 5.2 The Inspection Compny my terminte the Contrct with immedite effect should the Client rech (or the Inspection Compny hve resonle grounds to suspect the Client is in rech of) ny nti-riery legisltion including without limittion the Briery Act 2010. 5.3 Either the Client or the Inspection Compny my terminte the Contrct y giving written notice to the other if the other: i commits ny mteril rech of the Contrct nd (where the rech is cple of remedy) fils to remedy the rech within thirty (30) clendr dys fter eing required to do so; ii goes into liquidtion, hs receiver, dministrtive receiver or similr office ppointed over ny of its ssets, mkes voluntry rrngement with its creditors, ecomes suject to n dministrtion order, hs n dministrtor ppointed, or nything nlogous to these events occurs in reltion to the other prty; or iii in the cse of n individul or prtnership, the individul or individuls ecome(s) nkrupt. 5.4 Any provision of the Contrct tht expressly or y impliction is intended to come into or continue in force on or fter termintion or expiry of the Contrct shll remin in full force nd effect following termintion or expiry. 5.5 Following termintion or expiry of the Contrct: i ny Fees for work crried out up to the dte of such termintion or expiry will remin pyle y the Client (including without limittion ny dditionl chrges pyle in ccordnce with the terms of the Contrct); nd ii the Inspection Compny will consider in good fith ny request to ssist with trnsfer of the Inspections to new provider, provided tht the Inspection Compny my mke resonle chrges for the provision of such ssistnce. 22
Property Engineering Inspection Contrct Inspection Service Conditions continued 6 Anti-Briery 6.1 Both prties: i shll comply with ll pplicle lws, regultions, codes nd snctions relting to nti-riery nd nticorruption including ut not limited to the Briery Act 2010 nd shll not engge in ny ctivity, prctice or conduct which would constitute n offence under sections 1, 2 or 6 of the Briery Act 2010 (regrdless of where such ctivity, prctice, or conduct is crried out); ii shll not offer or give, or gree to give, to ny employee, gent, servnt or representtive of the other prty ny gift or considertion of ny kind s n inducement or rewrd for doing, refrining from doing, or for hving done or refrined from doing, ny ct in reltion to the otining or execution of this Contrct or ny other contrct, or for showing or refrining from showing fvour or disfvour to ny person in reltion to this Contrct or ny such contrct; iii shll hve in plce dequte procedures designed to prevent persons employed y or ssocited with them from riing nother person; iv shll promptly report to the other prty ny request or demnd for ny undue finncil or other dvntge of ny kind received in connection with the performnce of this Contrct; nd v wrrnt tht they hve not pid commission or greed to py ny commission to ny employee or representtive of the other prty. 6.2 Where prty or prty s employees, servnts, susuppliers, suppliers or gents or nyone cting on the prty s ehlf, engges in conduct prohiited y this cluse in reltion to this or ny other contrct etween the prties, the other prty shll hve the right to terminte this Contrct immeditely nd recover from the first prty the mount of ny loss suffered y tht prty resulting from such termintion; or to recover in full from the first prty ny other loss sustined y tht prty in consequence of ny rech of this cluse, whether or not this Contrct hs een terminted. 7 Confidentility 7.1 Unless otherwise greed, ech prty shll keep confidentil the terms of the Contrct nd ll informtion of confidentil nture tht it my cquire in reltion to the usiness or ffirs of the other prty (Confidentil Informtion). Neither prty shll use the other prty s Confidentil Informtion for ny purpose other thn to perform its oligtions under this Contrct, unless otherwise required y lw or the Confidentil Informtion hs entered the pulic domin other thn through the fult of the prty which received such Confidentil Informtion. The oligtions in this cluse shll continue for period of three (3) yers from the dte of expiry or termintion of the Contrct. 7.2 The Inspection Compny shll in the cse of: i merger etween two (2) or more Clients or the purchse of one Client y nother, mke the Confidentil Informtion ville to ll relevnt prties suject to pprovl in writing from the principl Client or new owner or their ppointed Agent; nd ii de-merger or sle where ll prties remin Inspection Clients, mke the Confidentil Informtion ville to ll relevnt prties suject to pprovl in writing from the orgnistion holding the originl contrctul rights. 7.3 The Inspection Compny shll e entitled to: i shre Confidentil Informtion with other memers of its Group; nd ii retin copy of ny Confidentil Informtion s required for regultory purposes nd/or to show evidence of complince with this Cluse 7. 8 Indemnity The Client indemnifies nd shll keep the Inspection Compny indemnified in respect of ny clims of ny nture mde ginst ny nd ll dmges, costs nd expenses suffered or incurred y the Inspection Compny s result of ny third prty clim rising out of the Client s filure to comply with its oligtions under the Contrct. 23
Property Engineering Inspection Contrct Inspection Service Conditions continued 9 Liility 9.1 In sustitution for ll rights which the Client would or might hve ut for the Contrcts, the Inspection Compny undertkes tht if n Inspection is performed in defective or erroneous mnner then the Inspection Compny will t its discretion either credit to the Client the Fee pid y the Client nd ttriutle to the Inspection or re-perform the Inspection (sve s to the time of performnce). 9.2 The Inspection Compny s liility under or in connection with this Contrct, whether rising in contrct, tort, negligence, rech of sttutory duty or otherwise, shll not exceed the sum of ten million pounds ( 10,000,000) in the ggregte. 9.3 Neither the Inspection Compny nor the Client shll e lile to the other prty in contrct, tort, negligence, rech of sttutory duty or otherwise for ny: i loss of profits; ii economic loss; iii loss of turnover; iv loss of usiness; v loss of dt; vi loss of goodwill; nd/or vii indirect, specil or consequentil losses. 9.4 The Inspection Compny shll hve no liility under the Contrct for ny filure or dely in the provision of n Inspection to the extent tht the sme is contriuted to y the cts or omissions of the Client (including without limittion where Plnt is not mde ville for Inspection), even if the sme results in Plnt ecoming overdue for Inspection nd in such circumstnces it shll e the Client s responsiility to rerrnge Inspection of such Plnt or tke it out of service. 9.5 Where ny Plnt is overdue for Inspection t the time it is dded to the Contrct (including t commencement of the Contrct), or where Plnt ecomes overdue for Inspection s result of the cts nd omissions of the Client, the Inspection Compny will seek to gree timetle with the Client for the Inspection of such Plnt. However, the Client cknowledges tht the Inspection Compny shll hve no liility in respect of such overdue Plnt nd the Client indemnifies nd shll keep the Inspection Compny indemnified in respect of ny clims of ny nture mde ginst ny nd ll dmges, costs nd expenses suffered or incurred y the Inspection Compny in connection with such Plnt eing overdue for Inspection. 9.6 Nothing in this Contrct shll operte to limit or exclude the liility of either prty for frud, frudulent misrepresenttion, deth or personl injury cused y its negligence, or ny other liility which cnnot e limited or excluded y lw. 10 Generl 10.1 Trnsfer of Employees The Inspection Compny shll not e oliged to employ ny employees of the Client or previous service provider to the Client in connection with the Contrct nd the Client indemnifies nd shll keep the Inspection Compny indemnified ginst ny nd ll dmges, costs nd expenses suffered or incurred y the Inspection Compny s result of ny clim (including for dismissl) or demnd of ny nture y ny such employee ginst the Inspection Compny. 10.2 Force Mjeure Neither prty shll e in rech of the Contrct nor lile for dely in performing, or filure to perform, ny of its oligtions under the Contrct if such dely or filure results from Force Mjeure Event. In such circumstnces the ffected prty shll e entitled to resonle extension of the time for performing such oligtions. If the period of dely or non-performnce continues for three (3) months or more the prty not ffected my terminte the Contrct y giving fourteen (14) clendr dys written notice to the ffected prty. 24
Property Engineering Inspection Contrct Inspection Service Conditions continued 10.3 Dt Protection i The Inspection Compny, together with its Group, my use the personl nd usiness detils the Client provides (or which re supplied y third prties) including ny detils of directors, officers, prtners nd employees (whose consent the Client must otin) to: 1 provide the Client with quottion nd to del with the ssocited dministrtion of the Contrct; 2 serch credit reference, credit scoring nd frud gencies who my keep record of the serch; 3 support the development of the Inspection Compny s usiness y including the Client s detils in customer surveys, for mrket reserch nd usiness reviews which my e crried out y third prties cting on the Inspection Compny s ehlf. ii Telephone clls my e recorded for the mutul protection of oth prties nd for trining nd monitoring purposes. iii Under the Dt Protection Act 1998 individuls re entitled to request copy of ll the personl informtion the Inspection Compny holds out them. Plese contct the Customer Stisfction Mnger, Allinz Engineering Inspection Services Ltd, Hslemere Rod, Liphook, Hmpshire, GU30 7UN. iv Personl detils my e trnsferred to countries outside the EEA. They will t ll times e held securely nd hndled with the utmost cre in ccordnce with ll principles of English lw. v By pplying for nd/or entering into this Contrct the Client is deemed to specificlly consent to the use of ny personl dt supplied y the Client nd the Client s contrct dt in the wys nd for the purposes set out in this Cluse 10.3 nd tht its directors, officers, prtners, nd employees hve consented to the Inspection Compny using their detils in this wy. 10.4 Allinz Nme, Logo nd Reputtion i Nothing in this Contrct shll grnt ny right or licence to the Client to use the nme, logo, or ny intellectul property of the Inspection Compny without the prior written consent of the Inspection Compny. ii Without prejudice to Cluse 10.4 i the Client shll not mke reference to the Inspection Compny, or hold itself out s ssocited with the Inspection Compny, in ny promotionl or mrketing documenttion without the prior written consent of the Inspection Compny. iii The Client shll not y its ctions or omissions do nything which my hrm the reputtion, imge or goodwill of the Inspection Compny or its Group. 10.5 Assignment nd Sucontrcting The Contrct is personl to the Client nd the Client shll not ssign, trnsfer, mortgge, chrge, sucontrct, declre trust over or del in ny other mnner with ny of its rights nd oligtions under the Contrct without the prior written consent of the Inspection Compny (such consent not to e unresonly withheld or delyed). 10.6 Reltionship of the prties Nothing in the Contrct is intended to, or shll e deemed to, estlish ny prtnership or joint venture etween ny of the prties, constitute ny prty the gent of nother prty, or uthorise ny prty to mke or enter into ny commitments for or on ehlf of ny other prty. 10.7 Vritions to the Contrct No vrition of the Contrct shll e effective unless it is in writing nd signed y the prties (or their uthorised representtives). 10.8 Notices Any notice given to prty under or in connection with this Contrct shll e in writing nd shll e delivered y hnd or sent y recorded delivery or pre-pid first-clss post or other next working dy delivery service to the ddress set out in the Schedule or its principl plce of usiness (in ny other cse) (nd in the cse of notices to the Compny, copy shll e required to e sent for the ttention of the Compny Secretry t the sme ddress). 25
Property Engineering Inspection Contrct Inspection Service Conditions continued 10.9 Entire Agreement i The Contrct constitutes the entire greement etween the prties nd supersedes nd extinguishes ll previous greements, promises, ssurnces, wrrnties, representtions nd understndings etween them, whether written or orl, relting to its suject mtter. ii Ech prty grees tht it shll hve no remedies in respect of ny sttement, representtion, ssurnce or wrrnty (whether mde innocently or negligently) tht is not set out in the Contrct. Ech prty grees tht it shll hve no clim for innocent or negligent misrepresenttion or negligent missttement sed on ny sttement in the Contrct. 10.10 No Wiver No filure or dely y prty to exercise ny right or remedy provided under the Contrct or y lw shll constitute wiver of tht or ny other right or remedy, nor shll it prevent or restrict the further exercise of tht or ny other right or remedy. No single or prtil exercise of such right or remedy shll prevent or restrict the further exercise of tht or ny other right or remedy. 10.11 Rights of Third Prties No one other thn prty to the Contrct shll hve ny right to enforce ny of its terms. 10.12 Unenforcele Terms If ny provision in the Contrct is held y ny competent court to e unenforcele in whole or in prt, the vlidity of the other provisions nd the reminder of the provision in question shll not e ffected. 10.13 Lnguge, Governing Lw nd Jurisdiction i The lnguge of the Contrct nd ll communictions relting to it will e in English. ii English lw shll pply to the Contrct nd the prties gree to sumit to the exclusive jurisdiction of the English Courts in respect of ll disputes rising out of or in connection with the Contrct (whether of contrctul or tortious nture or otherwise). 26
Property Engineering Inspection Contrct Inspection Service Complints Procedure The Inspection Compny im to get it right, first time, every time. If we (the Inspection Compny) mke mistke, we will try to put it right promptly. We will lwys confirm to you (the Client) the receipt of your complint within five (5) working dys nd do our est to resolve the prolem within four (4) weeks. If we cnnot we will let you know when n nswer my e expected. Should you wish to mke complint then it should e directed to your Engineer Surveyor or Customer Stisfction Mnger t the Allinz loction shown elow: Allinz Engineering Hed Office Hslemere Rod Liphook Hmpshire GU30 7UN UK Tel: 01428 722407 Fx: 01428 724824 E-mil: customer.stisfction@llinz.co.uk Using our complints procedure does not ffect your legl rights. 27
Allinz Engineering lso provides the following covers: Mchinery All Mchinery Mchinery Movement Mchinery Options Trcktion Contrctors Construction Project All Risks Contrctors Plnt Contrctors All Risks Erection All Risks Electronics Computer Electronic Equipment Consequentil Loss Deteriortion of Stock Mchinery Business Interruption NZ/12/06
www.llinzengineering.co.uk Allinz Insurnce plc. Registered in Englnd numer 84638. Registered office: 57 Ldymed, Guildford, Surrey, GU1 1DB, United Kingdom. Allinz Insurnce plc is memer of the Assocition of British Insurers. Allinz Insurnce plc is uthorised y the Prudentil Regultion Authority nd regulted y the Finncil Conduct Authority nd the Prudentil Regultion Authority. Finncil Services Register numer 121849 Allinz Engineering Inspection Services Ltd. Registered in Englnd numer 5441840. Registered Office: 57 Ldymed, Guildford, Surrey, GU1 1DB, United Kingdom. Allinz Engineering is trding nme used y oth Allinz Insurnce plc nd Allinz Engineering Inspection Services Ltd. ACEW1576_12 11.15