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| 1.
INSURED: |
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Corporations,
partnerships and individuals. |
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| 2. And/or
for whom they have instructions to insure. |
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| 3. LOSS
PAYABLE: |
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Loss, if any,
payable to the Insured or Order. |
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| 4.
SUBJECT MATTER INSURED: |
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General
Merchandise, not otherwise excluded by underwriters per the
CargoCover program and as may be amended from time to time. |
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| 5.
ATTACHMENT DATE: |
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This policy to
attach only on shipments confirmed through the CargoCover
program as booked to the Insured, or to whom the Insured has
instructions to insure, on or after 12:01 a.m., Eastern
Standard Time, December 1, 1997. |
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| 6.
CANCELLATION CLAUSE: |
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This contract may
be cancelled or amended as outlined in the Registration
Agreement, Modification of Terms, as posted on the OceanWide
network under the CargoCover program, Terms Of Use.
Cancellation of this Policy shall not prejudice any risk or
risks which shall have already attached. Notice to Insured
may be provided electronically to the e-mail address
indicated upon registration to CargoCover, with no further
notice required by Underwriters.
Cancellation of War, Strikes, Riots and Civil Commotions and
Malicious Damage Risks provided, shall be seven (7) days
notice at any time but in respect of sendings to or from the
United States of America, Strikes, Riots and Civil
Commotions and Malicious Damage Risks shall be subject to
forty-eight (48) hours notice. |
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| 7.
VALUATION: |
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All shipments to
be valued at Cost, Insurance and Freight, including any
prepaid and/or advanced and/or guaranteed freight plus 10%
(C.I.F. plus 10%) unless otherwise agreed in writing prior
to shipment. |
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| 8. DUTY
AND/OR COLLECT FREIGHT: |
|
This insurance
also covers, subject to the policy terms of average, the
risks of partial loss by reason of perils insured against on
import duties imposed on property insured hereunder and
collect freight (unless guaranteed or payable "vessel
loss or not lost"), it being understood and agreed,
however, that when the risk upon the goods continues beyond
the time of landing from the overseas vessel, the increased
value, consequent upon the payment of such duties and/or
freight, shall attach as an additional insurance upon the
goods from the time such import duty and/or freight is paid
or becomes due, to the extent of the amounts thereof
actually paid or payable.
Any limit of liability expressed in this policy shall be
applied separately to such increased value.
The Assured warrants that on all such risks insured
hereunder a separate amount shall be reported sufficient to
cover said import duty and/or freight and upon which the
rate of premium shall be an agreed percentage of the
merchandise rate.
The Assured will, in all cases, use reasonable efforts to
obtain abatement or refund of import duties paid or claimed
in respect to goods lost, damaged or destroyed. It is
further agreed that the Assured shall, when this Assurer so
elects, surrender the merchandise to the Customs Authorities
and recover import duties thereon as provided by law, in
which event the claim under this policy shall be only for a
total loss of the merchandise so surrendered and expenses.
This insurance on import duty and/or freight shall terminate
at the end of the import movement covered under this policy
(including the Warehouse to Warehouse and/or Marine
Extension Clauses) but nothing contained in these clauses
shall alter or affect any coverage granted elsewhere in the
policy during the storage or transit subsequent thereto. |
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|
| 9. VOYAGE
CLAUSE: |
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At, from and
between ports and/or places worldwide, excluding shipments
to/from Iran, Iraq, Cuba, Liberia, Myanmar (Burma), Sudan,
Syria, North Korea, and as may be amended per the coverage
terms and conditions of the CargoCover program.
Cover to attach as indicated in the Certificate of Insurance
and continues in transit and/or in store or wherever located
and until finally delivered to final destination as
indicated in the Certificate of Insurance, including the
risks loading and unloading, as required. |
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| 10. SOUTH
AMERICA CLAUSE: |
|
The following
clause shall apply in respect of shipments to South America:
"Notwithstanding anything contained elsewhere to the
contrary, the insurance provided hereunder shall continue to
cover for sixty (60) days (ninety(90) days on shipments via
the Magdelena River) after completion of discharge of the
overseas vessel at port of destination or until goods are
delivered to the final warehouse at destination whichever
may first occur, and shall then terminate.
The time limit referred to above to be reckoned from
Midnight of the day on which the discharge of the overseas
vessel is completed".
Should the above be more restrictive than other conditions
contained in this Policy wording, it is agreed that the
South America Clause shall automatically become void. |
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| 11.
CONVEYANCES: |
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Any conveyance
land, sea or air.
NOTE:
Whenever the words
"ship", "vessel","seaworthiness","Shipowner"
or "Vessel Owner" appear in this Policy, they are
deemed to include also the words "aircraft","airworthiness",and
"aircraft owner".
CONVEYANCE WORTHINESS
ADMITTED:
The worthiness of the "conveyance" as between
the Insured and the Insurers is hereby admitted. In the
event of loss, the Insureds right of recovery hereunder
shall not be prejudiced by the fact the loss may have been
attributable to the wrongful act or misconduct of the
"conveyance" owners, charterer, their agents or
their servants. The Insurer shall pay (subject to the same
terms of coverage and other conditions of this Policy), to
the innocent Insured the resulting loss.
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| 12.
REPORTING SHIPMENTS: |
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All declarations
shall be per Certificates of Insurance issued under the
CargoCover program and as maintained in the OceanWide Marine
Network database. Should there be any discrepancy between
the printed Certificate of Insurance and that information
maintained on the OceanWide Marine Network database, the
OceanWide Marine Network database shall be deemed correct. |
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| 13. LIMIT
OF LIABILITY: |
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These Insurers
are not to be liable for more than:
- US$400,000 any one
shipment.
- If the total value at risk
exceeds the limit(s) of liability provided by this
Policy, the Insured shall nevertheless report the full
amount at risk to these assurers and shall pay full
premium thereon. Acceptance of such reports and premium
shall not alter or increase the limit(s) of liability of
these Insurers but these Insurers shall be liable for
the full amount of covered loss up to but not exceeding
the applicable limit(s) of liability.
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|
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| 14.
CANADIAN LAW AND USAGE: |
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This insurance is
understood and agreed to be subject to Canadian Law and
Usage as to liability for and settlement of any and all
claims. |
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| 15.
PERILS: |
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Touching the
adventures and perils which we the Insurers are contented to
bear and to take upon ourselves in this voyage, they are of
the Seas, Men-of-War, Fire, Enemies, Pirates, Rovers,
Thieves, Jettisons, Letters of Mart and Countermart,
Surprisals, Takings at Sea, Arrests, Restraints and
Detainments of all Kings, Princes and People, of what
Nation, Condition or Quality soever, Barratry of the Master
and Mariners, and of all other like Perils, Losses and
Misfortunes that have or shall come to the Hurt, Detriment
or Damage of the said Goods and Merchandises and Ship, etc.
or any part thereof; and in case of any loss or misfortune,
it shall be lawful for the Insured, their factors, servants
and assigns, to sue, labor and travel for, in, and about the
defense, safeguard and recovery of the said goods and
merchandises and ship, etc., or any part thereof without
prejudice to this insurance; to the charges whereof, we, the
Insurers, will contribute, each one according to the rate
and quantity of his sum herein insured. It is especially
declared and agreed that no acts of the Insurers or Insured
in recovering, saving, or preserving the property insured,
shall be considered as a waiver or acceptance of
abandonment. |
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| 16.
INCHMAREE, NEGLIGENCE, NAVIGATION MANAGEMENTS ETC.: |
|
This insurance
also covers any loss, or damage to, the interests insured
hereunder, caused by accidents in loading, discharging, or
handling of cargo, or in bunkering, or in taking in fuel, or
caused through the bursting and/or breakage and/or loose
connections of boilers, pipes or shafts, or through any
latent defect in the machinery, hull, or appurtenances, or
from faults or errors in the navigation or management of the
vessel, craft or cargo for which the vessel, her owners,
agents or charterers is or are relieved of responsibility;
also including all risks of negligence, default or error in
the judgment of or by the masters, mariners, mates,
engineers, pilot, crew or stevedores, or other persons
employed by the ship owners, or for whose acts he is
responsible.
Claims under this clause payable irrespective of percentage. |
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| 17.
EXPLOSION CLAUSE: |
|
The risks covered
by this insurance are to include loss, damage or expense
resulting from explosion, howsoever occurring, irrespective
of the percentage, whether the insurance be free from
Particular Average or otherwise. |
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| 18. SHORE
RISKS: |
|
This policy
covers whilst on any land conveyances and/or docks and/or
wharves and/or elsewhere on shore, against loss or damage
caused by fire, lightning, windstorm, hail, explosion,
earthquake, landslide, theft, strike, riot, civil commotion,
malicious act, flood, rising waters, smoke, impact by
vehicle or aircraft, sprinkler leakage, water escape,
collision, upset, derailment or other accident to the land
conveyance, collapse and/or subsidence of docks and/or
wharves and/or bridges and/or viaducts and/or similar
structures, even though these risks may be uninsured under
the marine transit clause. Should the marine transit clause
provide wider cover, then such cover shall apply.
Claims under this Clause payable irrespective of percentage. |
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| 19.
FUMIGATION: |
|
In the event of
any vessel, conveyance, wharf, warehouse or premises being
fumigated by order of a properly constituted authority,
Insurers agree to indemnify the Insured for such cost of
fumigation and any damage resultant the refrom to the goods
hereby insured. The Insured hereby agrees to subrogate to
Insurers any recourse that they may have for recovery of
such damage from other. |
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| 20.
REPLACEMENTS BY AIR: |
|
It is agreed that
where there is loss or damage which is the subject of a
claim hereunder and the Insured considers it necessary to
forward replacements by Air, Insurers will pay the extra
costs so involved, to a maximum additional expense of 20% of
sum insured, notwithstanding that the original consignment
was not dispatched by Air. |
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| 21.
BRANDS CLAUSE: |
|
In case of damage
to property bearing a brand or trademark, or the sale of
which carries or implies a guarantee of the supplier or
Insured, the salvage of such damaged property shall be
determined after the removal of all brands or trademarks. |
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| 22.
LABELS AND CARTONS: |
|
In case of damage
from perils insured against affecting labels and/or cartons
only, loss to be limited to an amount sufficient to pay the
cost of reconditioning, cost of new labels and/or cartons
and relabelling and/or repacking of goods, provided the
damage will have amounted to a claim under the terms of this
Policy. |
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| 23.
PACKAGE CLAUSE: |
|
It is understood
and agreed that should the outer package be damaged from any
cause which renders the interest unfit for on-shipment or
distribution, irrespective of final destination shown
herein, the Insurer to pay the cost of reasonable repacking
expenses, provided such damage occurred during the currency
of this insurance. |
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| 24.
PACKING CLAUSE: |
|
Where the packing
(including storage in any container or liftvan and stowage
into any vessel, aircraft or conveyance) or preparation of
the subject matter insured is carried out by a party other
than the Insured then the Insurer agrees that the Policy is
extended to cover loss, damage and additional
expenses/charges caused by or alleged to have been caused by
insufficiency or unsuitability of the packing or preparation
of the subject matter insured.
Permission is also granted the Insured to issue a release
and/or waiver of subrogation in favour of packers,
stevedores and warehousemen as and when required but subject
to such release and/or waiver being given prior to the loss
under this Policy.
Where the insufficiency or unsuitability of the packing or
preparation of the subject matter insured was with the
privity and knowledge of the Insured, then the above
extension of coverage will not apply. |
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| 25. JASON
CLAUSE: |
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Including
Insured’s liability under Jason Clause (new or old) if in
the Bill of Lading. |
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| 26.
FREIGHT RISKS CLAUSE: |
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In the event of a
loss occurring resulting in the vessel returning to point of
origin where the shipowner terminates Contract of
Affreightment in accordance with the Bill of Lading, it is
agreed that in the event of goods being reforwarded to
intended destination Insurers hereon shall be liable for any
additional freight charges involved. |
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| 27. BOTH
TO BLAME CLAUSE: |
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Where goods are
shipped under a Bill of Lading containing the so-called
"Both to Blame Collision" Clause, these Insurers
agree as to all losses covered by this insurance, to
indemnify the Insured for this Policy’s proportion of any
amount (not exceeding the amount insured) which the Insured
may be legally bound to pay to the shipowners under each
such clause. In the event that such liability is asserted,
the Insured agrees to notify these Insurers who shall have
the right, at their own cost and expense, to defend the
Insured against such claim. |
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| 28.
CONTINUATION: |
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In case of short
shipment in whole or in part, or if the goods be shipped by,
or transhipped to another vessel and/or vessels, to be
carried beyond, or discharged short of destination, or in
the event of deviation, change of voyage or vessel, or any
interruption beyond the control of the Insured, or other
variation beyond the control of the Insured, or other
variation of the voyage or risk, this insurance shall
nevertheless cover the goods until safe arrival and delivery
at destination, provided prompt notice be given these
Insurers when such facts are known to the Insured, and
additional premium paid if required. |
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| 29.
SPECIAL LIGHTERAGE: |
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Cargo held on
lighters and/or craft and/or conveyances for a period in
excess of the customary time to load or discharge is held
covered subject to additional premium as may be mutually
agreed upon. |
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| 30.
REFUSED OR RETURNED SHIPMENTS: |
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This insurance to
cover all shipments, subject to the original insurance
conditions which may be refused at time of delivery and
returned by the consignee and/or consignees, whilst awaiting
shipment or re-shipment and until received by the Insured or
otherwise disposed of, and the Insured warrants to report
all such shipments as soon as practicable after they have
knowledge of the refusal and to pay premium thereon at rates
to be agreed. |
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| 31.
MACHINERY PARTS REPLACEMENT: |
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(Including Used
Machinery which for the purposes of this Clause shall be
valued at new Replacement Value)
In the event of loss of or
damage to any part or parts of an insured machine caused by
a peril covered by the Policy the sum recoverable shall not
exceed the cost of replacement or repair of such part or
parts plus charges for forwarding and refitting, if
incurred, but excluding duty unless the full duty is
included in the amount insured, in which case loss, if any,
sustained by payment of additional duty shall also be
recoverable. Provided always that in no case shall the
liability of Underwriters exceed the insured value of the
complete machine.
It is agreed that the "term" charges for
forwarding" appearing in the Institute Replacement
Clause covers forwarding by sea or air.
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| 32.
SECONDHAND REPLACEMENT CLAUSE: |
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In the event of
claim for loss or damage to any part of the Insured interest
in consequence of a peril covered by the Policy, the amount
recoverable hereunder shall not exceed such proportion of
the cost of replacement of the parts lost or damaged as the
insured value bears of the value of new machinery plus
additional charges for forwarding and refitting the new part
or parts if incurred. |
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| 33. ON
DECK CARGO CLAUSE: |
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Any cargo shipped
on deck with under deck Bill of Lading to be covered and
rated as for under deck shipments. |
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| 34.
CONTAINERS ON DECK: |
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Notwithstanding
anything contained herein to the contrary, it is understood
and agreed that goods and/or merchandise in containers
and/or vans and/or lighters, whether stowed on or under
deck, are subject to under deck insuring conditions and
limits. Furthermore, coverage under this Clause shall
include loss of or damage to goods and/or merchandise caused
by jettison and/or loss overboard. |
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| 35.
SHORTAGE FROM CONTAINERS: |
|
It is agreed that
the Insurer is to pay for shortage of contents (meaning
thereby the difference between the number of packages as per
Shippers and/or Suppliers Invoice and/or Packing List,
loaded or alleged to have been loaded into the container and
the count of packages removed therefrom, taken by the
Insured and/or their Agent at the time of emptying the
container), howsoever, wheresoever and whensoever occurring
without the privy or knowledge of the Insured. |
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| 36.
INSOLVENCY CLAUSE: |
|
This insurance
covers loss, damage or expenses arising from insolvency or
financial default of the owners, managers, charterers or
operators of the vessel, where the Insured are able to show
that, prior to the loading of the subject matter insured on
board the vessel, all reasonable practicable and prudent
measures were taken by the Insured, their servants and
agents, to establish the financial reliability of the party
in default. |
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| 37.
ADDITIONAL EXPENSE CLAUSE: |
|
This Policy is
also to cover claims for any additional costs or expense in
respect of additional handling, discharge, carriage or
processing or reprocessing of such cargo which arrives in a
damaged condition as a result of a peril insured hereunder. |
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| 38.
DELAYED OPENING CLAUSE: |
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In the event of
delay in opening containers, cartons, cases, packages, and
any other storage receptacle, any loss or damage discovered
shall be deemed to have occurred during the marine, air or
land conveyance transit, provided that damage is discovered
within 30 days from the date the goods arrive at site or
destination and which can be reasonably attributed to have
occurred during transit. |
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| 39.
SHUT-OUT CLAUSE: |
|
In the event of
the interest being "shut-out" due to any strike,
labour disturbance, withholding of labour or any other
reason, from the carrying vessel, aircraft or conveyance,
this Policy is extended to cover the interest while waiting
on the wharf, quay, pier, warehouse or other
storage/transportation point or during transfer to and
whilst at any other wharf, quay, pier, warehouse or other
storage/transportation point, provided prompt notice be
given these Insurers when such facts are known to the
Insured and additional premium paid if required. |
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| 40.
DELIBERATE DAMAGE CLAUSE - POLLUTION HAZARD: |
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(A) This
insurance is extended to cover, but only while the interest
insured is on board a waterborne conveyance, loss of or
damage to said property directly caused by governmental
authorities acting for the public welfare to prevent or
mitigate a pollution hazard or threat thereof, provided the
accident or occurrence creating the situation which required
such governmental action would have resulted in a
recoverable claim under the Policy (subject to all of its
terms, conditions and warranties) if the interest insured
would have sustained physical loss or damage as a direct
result of such accident or occurrence.
This agreement shall not increase the Limits of Liability
provided for elsewhere in this Policy.
(B) DELIBERATE DAMAGE -
CUSTOMS SERVICE:
This insurance is also specially to cover, notwithstanding
the Free of Capture and Seizure warranty contained herein,
physical loss of or damage to the goods insured arising out
of the performance of inspection duties by Customs Service
Agents or other duly constituted governmental agencies who
are performing inspection duties of or for the Customs
Service.
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| 41.
CONTAINER DEMURRAGE CHARGES: |
|
This policy shall
cover demurrage charges and/or late penalties assessed
against, and paid by, the Assured for late return of
containers when said container are retained by the Assured
at the instruction of these Insurers for inspection by the
Insurers Surveyor in investigation of loss or damage
recoverable under this policy.
The time period for which the Insurers shall be liable for
said charges and/or penalties shall begin at the time these
Insurers instructs the Assured to retain the containers for
inspection and end at the time the Insurers Surveyor
instructs the Assured to return the containers. |
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| 42.
CONFIRMATION OF NON-DELIVERY CLAUSE: |
|
Where the subject
matter insured hereunder (or any apportionable part) becomes
missing and after the lapse of a reasonable time has not
been located, an actual total loss of the subject-matter
insured (or any apportionable part) may be presumed.
For the purposes of this insurance, there shall be deemed to
have been the lapse of a reasonable time, where delivery to
the consignees’ or other final warehouse or place of
storage at the destination named herein has not been
effected within 180 Days of the expected date of such
delivery.
If, after the payment by the insurers of an actual total
loss as provided for above, the subject-matter insured or
whatever may remain thereof is located, the ownership and
all proprietary rights incidental thereto shall be vested in
the insurers. The insured hereunder shall nevertheless have
the option of (re-)purchasing from the insurers the subject
matter insured or whatever may remain thereof. |
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| 43.
GENERAL AVERAGE AND SALVAGE CHARGES: |
|
General Average
and/or Salvage Charges and/or Special Charges and Sue and
Labour, if incurred, are payable in accordance with the
contract of affreightment or, if there be no contract of
affreightment, payable in accordance with either the laws
and usages prevailing at the port of destination or at the
termination of the voyage or in accordance with Canadian law
and usage.
Notwithstanding anything herein to the contrary, these
Insurers shall pay any claim covered under this section in
full irrespective of any comparison between the insured
value and the contributory value. |
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| 44.
DEBRIS REMOVAL CLAUSE: |
|
This insurance
includes expenses incurred in the removal of all debris of
or from the property insured hereunder which may be
occasioned by loss caused by any of the perils insured
against. However, the total liability under this clause
shall not exceed ten percent (10%) of the insured value of
the involved cargo. |
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| 45.
SUBROGATION AND RELEASE CLAUSE: |
|
Including Waiver
of Subrogation against Insured, subsidiary, associated
and/or affiliated companies and/or any parties given a
Waiver of Subrogation by the Insured in the course of their
business. It is further understood and agreed that this
insurance shall not be prejudiced by the Insured accepting
released, or limited liability bills of lading or shipping
receipts. |
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|
| 46.
PERMISSION TO SIGN AND COUNTERSIGN: |
|
Permission is
hereby granted the Insured to issue and countersign
Certificates of Insurance in respect to merchandise covered
under this Policy. |
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|
| 47.
LANGUAGE OF POLICY: |
|
It is
specifically understood and agreed that the language of this
Policy is the language of the Insurers. |
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| 48.
INSTITUTE RADIOACTIVE CONTAMINATION EXCLUSION CLAUSE: |
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This Clause shall
be paramount and shall override anything contained in the
insurance inconsistent therewith.
1. In no case shall this
insurance cover loss damage liability or expense directly
or indirectly caused by or contributed to by or arising
from:
1.1 ionizing radiations
from or contamination by radioactivity from any nuclear
fuel or from any nuclear waste or from the combustion of
nuclear fuel;
1.2 the radioactive, toxic,
explosive or other hazardous or contaminating properties
of any nuclear installation, reactor or other nuclear
assembly or nuclear component thereof;
1.3 any weapon of war
employing atomic or nuclear fission and/or fusion or other
like reaction or radioactive force or matter.
RADIOACTIVE CONTAMINATION
EXCLUSION CLAUSE ENDORSEMENT:
This insurance is subject to
the Institute Radioactive Contamination Exclusion (above)
provided that, if fire is an insured peril, and where the
subject matter insurance or, in the case of a reinsurance,
the subject matter insured by the original insurance, is
within the U.S.A. and/or Canada, their islands, onshore
territories or possessions, and a fire arises directly or
indirectly from one or more of the causes detailed in
Sub-Clauses 1.1 and 1.2 of the Institute Radioactive
Contamination Exclusion (above), any loss or damage arising
directly from that fire shall, subject to the provisions of
the insurance, be covered, EXCLUDING, however, any loss,
damage, liability or expense causes by nuclear reaction,
nuclear radiation or radiation contamination arising
directly or indirectly from that fire.
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|
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| 49.
TITLES OF PARAGRAPHS |
|
The titles of the
various paragraphs of this Policy (and of Endorsements, if
any, now or hereafter hereto) are inserted solely for the
convenience of reference and shall not be deemed to extend
or limit in any way the provisions to which they relate.
(a) PRINTED CONDITIONS:
- Wherever the printed
Conditions of this Policy conflict with or are at
variance with the typewritten Conditions or vice
versa, the coverage most beneficial to the Insured
shall always prevail.
- The word
"Insurer" shall be substituted for the word
"Underwriter" and the word
"Insured" shall be substituted for the word
"Assured" in all printed forms that are part
of this insurance.
(b) OVERLAPPING CLAUSE:
- It is understood and
agreed that should any Clauses conflict with each
other, the broader Terms and Conditions are deemed to
apply in all cases, to inure to the benefit of the
Insured.
- Notwithstanding this
clause, with respect to War Risks, it is understood
that the Waterborne Agreement shall apply.
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|
|
| 50.
INSTITUTE CLAUSES : |
|
- Institute Cargo Clauses
(A) 1/1/82
- Institute Cargo Clauses
(Air) 1/1/82
- Institute Cargo Clauses
(C) 1/1/82
- Institute War Clauses
(Cargo) 1/1/82
- Institute War Clauses (Air
Cargo) 1/1/82
- Institute Strikes Clauses
(Cargo) 1/1/82
- Institute Strikes Clauses
(Air Cargo) 1/1/82
- Institute Frozen Food
Clauses (A) 1/1/82
- Including Frozen Food
Extension
SPECIAL CONDITIONS
Automobile Clause
- This insurance attaches
from the moment the vehicle is delivered to the
steamship company or freight forwarder and covers
continuously until delivered by the steamship company or
freight forwarder to the owner or his representative; or
on expiry of 72 hours after landing of the vehicle on
the dock at the final destination, or on destuffing of
the container whichever comes first.
Excluding wear and tear.
- Against all loss or damage
as per Institute Cargo Clauses (A) subject to a
preshipment survey or excluding claims for scratching,
denting, marring, chipping, rust, oxidation and
discolourization, subject to a deductible of $500 or
$300 each and every claim as declared prior to shipment.
- For no reason will the
Assurer(s) be liable for any loss or damage that occurs
to the vehicle whilst under its own power.
- Excluding loss and/or
damage arising from freezing of water in the radiator
and/or cooling system.
Household Goods and
Personal Effects
- It is warranted that all
certificates or declarations for insurance of household
goods and/or personal effects must be accompanied by an
itemized valued inventory and insurance acknowledgment
form signed and returned by the shipper.
- Each claim will be subject
to a deductible of $500 or $300 each and every claim as
declared prior to shipment.
Antique Clauses
Radioactive/Hazardous/Restricted
or Controlled Items
- Warranted packed in
accordance to the IMDG or UN Code.
Laptops/Used
Computers/Cell
Phones/PDA's
- Are specifically excluded
from coverage of this policy therefore insurance coverage
can not be issued.
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|
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| 51. ON
DECK CARGO: |
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Shipments on deck
under an On Deck Bill of Lading (unless containers and/or
otherwise specified herein) are insured: Warranted free from
particular average in accordance with current Institute
Cargo Clause (C) 1/1/82 including the risks of jettison and
loss overboard irrespective of percentage. |
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| 52.
CLASSIFICATION CLAUSE: |
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Per regular line
iron or steel steamers or motor vessel not less than 1,000
tons net register operating in their regular trade. Per
other iron or steel steamers or motor vessels not over 20
years of age nor less than 1,000 tons net register, and
classed A-1 American Record or 100 A-1 Lloyd’s register or
equivalent, but excluding, however:
1. Vessels built solely for
service on the Great Lakes; and
2. Vessels built for
military or naval service.
Insured shipments carried on
vessels which are in conflict with the above are
automatically held covered at additional premium to be
agreed.
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RATE
SCHEDULE |
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PER
$100.00 VALUE |
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As Per CargoCover
Program Calculations, and as may be modified, adjusted or
amended at the discretion of the Underwriters in conjunction
with Marsh Canada Limited. |
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WAR
RISKS
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| WAR
RISKS: |
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Institute War
Clauses, as applicable to Insuring Clauses. |
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| WAR
CANCELLATION CLAUSE: |
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The inclusion in
this Contract of Insurance against War Risks (as defined in
Clause No. 1 of the Institute War Clauses) may be cancelled
by either the Underwriters or the Insured giving seven
days’ notice.
Such cancellation shall become effective on the expiry of
seven days from Midnight of the day on which notice of
cancellation is issued by or to Insurers, but shall not
apply to:
(a) Any insurance against
the said risks which shall have attached in accordance
with the conditions of the Institute War Clauses before
the cancellation becomes effective.
(b) Any declaration of
goods for shipment by a named vessel or of specified goods
to be shipped by a vessel to be named later accepted by
Insurers before the time at which the cancellation becomes
effective, such goods not having been loaded on board the
overseas vessel before that time, provided the goods be
loaded on board the overseas vessel and the vessel sails
within 15 days from Midnight of the day on which the
cancellation becomes effective, but if the insurance shall
have attached and the vessel does not sail within the said
15 days the insurance shall end on the expiry of that
period notwithstanding anything to the contrary contained
in the provisions of this contract of insurance.
Nothing in this Clause shall
operate to cause a declaration to attach to this contract if
such declaration would be excluded owing to the vessel not
having sailed within the period stated in the contract.
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STRIKES, ETC.,
RISKS
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| STRIKES,
RIOTS, CIVIL COMMOTIONS, ETC. |
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Institute
Strikes, Riots and Civil Commotions Clauses, as applicable
to insuring clauses. |
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IMPORTANT
CLAIMS NOTICE
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Examine your
cargo promptly after delivery from carrier.
When cargo is received from
the carrier in short or damaged condition at destination, it
is necessary for you to take the following action:
- Immediately file general
notice of claim against the carriers by either endorsing
the delivery receipt or by letter.
- As soon as a complete
examination of the goods has been made, notify the
carriers in writing of the actual items lost or damaged,
specifying values, etc.
Filing claim against the
carrier will protect what rights you may have under the Bill
of Lading and will not affect your rights under your
insurance policy.
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| SUGGESTIONS
TO FACILITATE HANDLING OF CLAIMS AGAINST INSURERS. |
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1. Claims for
Loss or Damage:
(a) Notify the Insurer or
nearest agent at once, or if there be no agent of the
Insurer in the vicinity, the Institute of London
Underwriters’ Agent or Lloyd’s Agent, and supply the
following documents:
(I) Statement of Claims in
detail.
(ii) Original Bill of Lading if available, otherwise a
copy.
(iii) Original commercial invoice, or certified copy
thereof, if original not available.
(iv) Paid expense bills.
(v) Full set of insurance policies or certificates if
issued.
(vi) Copy of claim against carrier and copy of their
reply.
2. Claim for General Average:
(a) Before signing any
average bond or agreement communicate with the Insurer or
its nearest agent, or if there be no agent of the Insurer
in the vicinity, the Institute of London Underwriters’
Agents or Lloyd’s Agent.
(b) Do not make any cash
deposit, but call upon the Insurer to furnish the usual
guarantee. However, if the Insurer has no representative
at point of delivery it may save time to pay a cash
deposit and apply promptly to the Insurer for refund.
(c) Supply certified copies
of commercial invoices in duplicate.
In witness whereof, this
Insurer has executed and attested these presents, but this
Policy shall not be valid until countersigned by a duly
authorized representative of the Insurer.
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Signed on
Behalf Of the Company
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Chief Agent
for Canada
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TERMINATION OF TRANSIT CLAUSE (terrorism)
To be attached to and form a part of Policy Number 110550
COMPANY : …Continental Casualty Company
EFFECTIVE DATE : January 1st, 2002
It is understood and agreed that this Termination of Transit
Clause shall be paramount and absolute, overriding any
clause or clauses, or any other provisions stamped or
endorsed to this open cargo policy.
1.Notwithstanding any provisions to the contrary contained
in this policy, its endorsements, or the clauses referred to
therein, it is understood and agreed that in so far as this
policy covers loss of or damage to the subject matter
insured directly caused by the act or acts of one or more
persons, whether or not agents of a sovereign power, carried
out for political, terroristic or ideological purposes and
whether any loss, damage or expense resulting therefrom is
accidental or intentional, such cover is conditional upon
the subject matter insured being in the ordinary course of
transit and, in any event, shall terminate:
1.1As per the transit clauses within or any other provisions
stamped on or endorsed to this open cargo policy.
Or
1.2on delivery to the Consignees or other final warehouse or
place of storage at the destination named herein;
1.3on delivery to any warehouse or place of storage, whether
prior to or at the destination named herein, which the
Assured elect to use either for storage, processing,
exhibition, or any other like facility, other than the
ordinary course of transit, or for allocation or
distribution;
Or
1.4in respect of wet marine transits, on the expiry of 60
days after completion of discharge overside of the goods
hereby insured from the vessel at the port of discharge,
1.5in respect of overland transits, not considered to be
transshipments as part of 1.4, on the expiry of 60 days
after commencement of the overland conveyance,
1.6in respect of air transits, on the expiry of 30 days
after unloading the subject matter from the aircraft at the
place of discharge,
whichever shall first occur.
2.If this policy or the Clauses referred to therein
specifically provide cover for inland or other further
transits following on from storage, or termination as
provided for above, cover will re-attach, and continues
during the ordinary course of that transit terminating again
in accordance with clause 1.
3.This clause is subject to Canadian law and practice.
ALL OTHER TERMS AND CONDITIONS REMAINING UNCHANGED. |
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Signed On
Behalf Of The Company
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Chief Agent
for Canada
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INLAND TRANSIT ENDORSEMENT
It is hereby understood and agreed that
effective March 1st, 1999, the above policy has been
extended to include inland shipments as follows:
This insurance covers against all risks
of physical loss or damage arising from any external
cause, except as hereinafter provided, while the insured
property is in the custody of:
a. any railroad or railroad express company
(including the risk while on ferries and/or in cars on
transfers or lighters);
b. public truckmen, transfer and/or other transportation
companies;
c. registered mail and/or airmail and/or parcel post
and/or air parcel post.
This insurance also covers while on
docks, wharves, piers, bulkheads, in stations and/or on
platform, but only while in the custody of common carrier
incidental to transportation described above.
This insurance attaches from the time
the goods leave the factory, store or warehouse at initial
point of shipment, and covers thereafter continuously in
normal course of transportation, until same are delivered
at store or warehouse at destination.
This insurance does not cover
(a) Against loss
and/or damage caused by strikers, locked-out workmen, or
persons taking part in labour disturbances, or arising
from riot, civil commotion, capture, seizure, or
detention, or from any attempt thereat or the
consequences therefrom, or loss or damage arising from
war, invasion, hostilities, rebellion, insurrection,
seizure or destruction under quarantine or customs
regulations, confiscation by order of any government or
public authority, or risks of contraband or illegal
transportation and/or trade.
(b) Against loss or damage caused by
the neglect of the insured to use all reasonable means
to save and preserve the property at and after any
disaster insured against.
(c) Shipments that have been either
refused or are returned by the receiver thereof;
(d) Export or import shipments unless
specifically stated herein;
(e) Risks by mail unless specifically
stated herein;
(f) Loss arising from delay or loss
or market.
(g) Loss or damage caused by vermin
or insects, inherent vice, gradual deterioration, or
wear and tear.
(h) Loss or damage resulting from
nuclear reaction or nuclear radiation or radioactive
contamination, all whether controlled or uncontrolled,
and whether such loss be direct or indirect, proximate
or remote, or be in whole or in part caused by
contribution to, or aggravated by the peril(s) insured
against in this policy.
(i) Infidelity of the Insured’s
employees.
If the total value at risk exceeds the
limit(s) of liability provided by this Policy, the Insured
shall nevertheless report the full amount at risk to these
Assurers and shall pay full premium thereon. Acceptance of
such reports and premium shall not alter or increase the
limit(s) of liability of these Insurers but these Insurers
shall be liable for the full amount of covered loss up to
but not exceeding the applicable limit(s) of liability.
RATE SCHEDULE
FROM/TO: PER
$100.00 VALUE
As per CargoCover program calculations,
and as may be modified, adjusted or amended at the
discretion of the Underwriters in conjunction with Marsh
Canada Limited
ALL OTHER TERMS AND CONDITIONS REMAINING
UNCHANGED
Dated Toronto, Ontario on March
1st, 1999
Signed on Behalf of the Company
Chief Agent for Canada
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| INSTITUTE
CARGO CLAUSES (A) |
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| RISKS COVERED
1
This insurance covers all risks of loss of or
damage to the subject-matter insured except as
provided in Clauses 4, 5, 6 and 7 below.
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Risks
Clause |
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| 2 This
insurance covers general average and salvage
charges, adjusted or determined according to the
contract of affreightment and/or the governing law
and practice, incurred to avoid or in connection
with the avoidance of loss from any cause except
those excluded in Clauses 4, 5, 6 and 7 or
elsewhere in Clause |
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General
Averages Clause |
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| 3 This
insurance is extended to indemnify the Assured
against such proportion of Liability under the
contract of affreightment "Both to Blame
Collision" Clause as is in respect of a loss
recoverable hereunder. In the event of any claim
by shipowners under the said Clause the Assured
agree to notify the Underwriters who shall have
the right, at their own cost and expense, to
defend the Assured against such claim. |
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"Both
to Blame Collision" Clause |
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EXCLUSIONS
4 In
no case shall this insurance cover
4.1
loss damage or expense attributable to wilful
misconduct of the Assured Exclusions
4.2 ordinary leakage, ordinary loss in weight or
volume, or ordinary wear and tear of the
subject-matter insured
4.3 loss damage or expense caused by
insufficiency or unsuitability of packing or
preparation of the subject-matter insured (for
the purpose of this Clause 4.3
"packing" shall be deemed to include
stowage in a container or liftvan but only when
such stowage is carried out prior to attachment
of this insurance or by the Assured or their
servants)
4.4 loss damage or expense caused by inherent
vice or nature of the subject-matter insured
4.5 loss damage or expense proximately caused by
delay, even though the delay be caused by a risk
insured against (except expenses payable under
Clause 2 above)
4.6 loss damage or expense arising from
insolvency or financial default of the owners
managers charterers or operators of the vessel.
4.7 loss damage or expense arising from the use
of any weapon of war employing atomic or nuclear
fission and/or fusion or other like reaction or
radioactive force or matter.
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General
Exclusions Clause |
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5
5.1 In no case
shall this insurance cover loss damage or
expense arising from unseaworthiness of vessel
or craft, unfitness of vessel craft conveyance
container or liftvan for the safe carriage of
the subject-matter insured, where the Assured or
their servants are privy to such unseaworthiness
or unfitness, at the time the subject-matter
insured is loaded therein.
5.2 The Underwriters waive any breach of the
implied warranties of seaworthiness of the ship
and fitness of the ship to carry the
subject-matter insured to destination, unless
the Assured or their servants are privy to such
unseaworthiness or unfitness.
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Unseaworthiness
and Unfitness Exclusion Clause |
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6
In no case shall this insurance cover loss damage
or expense caused by
6.1
war civil war revolution rebellion insurrection,
or civil strife arising therefrom, or any
hostile act by or against a belligerent power.
6.2 capture seizure arrest restraint or
detainment (piracy excepted), and the
consequences thereof or any attempt thereat
6.3 derelict mines torpedoes bombs or other
derelict weapons of war.
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War
Exclusion Clause |
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7 In
no case shall this insurance cover loss damage or
expense
7.1
caused by strikers, locked-out workmen, or
persons taking part in labour disturbances,
riots or civil commotions
7.2 resulting from strikes, locked-out labour
disturbances, riots or civil commotions
7.3 caused by any terrorist or any person acting
from a political motive.
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Strikes
Exclusion Clause |
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DURATION
8
8.1
This insurance attaches from the time the goods
leave the warehouse or place of storage at the
place named herein for the commencement of the
transit, continues during the ordinary course of
transit and terminates either
8.1.1
on delivery to the Consignees' or other final
warehouse or place of storage at the
destination named herein.
8.1.2 on delivery to any other warehouse or
place of storage, whether prior to or at the
destination named herein,
8.1.2.1 for storage other than in the ordinary
course of transit
or
8.1.2.2 for allocation or distribution
or
8.1.3 on the expiry of 60 days
after completion of discharge overside of the
goods hereby insured from the oversea vessel
at the final port of discharge, whichever
shall first occur.
8.2
If, after, discharge overside from the oversea
vessel at the final port of discharge, but prior
to termination of this insurance, the goods are
to be forwarded to a destination other than that
to which they are insured hereunder, this
insurance, whilst remaining subject to
termination as provided for above, shall not
extend beyond the commencement of transit to
such other destination.
8.3 This insurance shall remain in force
(subject to termination as provided for above
and to the provisions of Clause 9 below) during
delay beyond the control of the Assured, any
deviation, forced discharge, reshipment or
transhipment and during any variation of the
adventure arising from the exercise of a liberty
granted to shipowners or charterers under the
contract of affreightment.
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Transit
Clause |
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| 9
If owing
to circumstances beyond the control of the Assured
either the contract of carriage is terminated at a
port or place other than the destination named
therein or the transit is otherwise terminated
before delivery of the goods as provided for in
Clause 8 above, then this insurance shall also
terminate unless prompt notice is given to the
Underwriters and continuation of cover is
requested when the insurance shall remain in
force, subject to an additional premium if
required by the Underwriters, either.
9.1
until the goods are sold and delivered at such
port or place, or, unless otherwise specially
agreed, until the expiry of 60 days after
arrival of the goods hereby insured at such port
or place, whichever shall first occur,
or
9.2 if the goods are forwarded within the
said period of 60 days (or any agreed extension
thereof) to the destination named herein or to
any other destination, until terminated in
accordance with the provisions of Clause 8
above.
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Termination
of Contract of Carriage Goods Clause |
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| 10 Where,
after attachment of this insurance, the
destination is changed by the Assured, held
covered at a premium and on conditions to be
arranged subject to prompt notice being given to
the Underwriters. |
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Change
of Voyage Clause |
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CLAIMS
11
11.1
In order to recover under this insurance the
Assured must have an insurable interest in the
subject-matter insured at the time of the loss.
11.2 Subject to 11.1 above, the Assured shall be
entitled to recover for insured loss occurring
during the period covered by this insurance,
notwithstanding that the loss occurred before
the contract of insurance was concluded, unless
the Assured were aware of the loss and the
Underwriters were not.
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Insurable
Interest Clause |
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12 Where,
as a result of the operation of a risk covered by
this insurance, the insured transit is terminated
at a place other than that to which the
subject-matter is covered under this insurance,
the Underwriters will reimburse the Assured for
any extra charges properly and reasonably incurred
in unloading storing and forwarding the
subject-matter to the destination to which it is
insured hereunder.
This Clause 12, which does not apply to general
average or salvage charges, shall be subject to
the exclusions contained in Clauses 4, 5, 6 and 7
above, and shall not include charges arising from
the fault negligence insolvency or financial
default of the Assured or their servants. |
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Forwarding
Charges Clause |
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| 13 No
claim for Constructive Total Loss shall be
recoverable hereunder unless the subject-matter
insured is reasonably abandoned either on account
of its actual total loss appearing to be
unavoidable or because the cost of recovering,
reconditioning and forwarding the subject-matter
to the destination to which it is insured would
exceed its value on arrival. |
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Constructive
Total Loss Clause |
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