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INSTITUTE CARGO CLAUSES (C) |
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RISKS COVERED |
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1. - Risks Clause |
1 This insurance covers, except as provided in
Clauses 4, 5, 6 and 7 below,
l.1 loss of or damage to the subject-matter insured reasonably
attributable to
1.1.1 fire or explosion
1.1.2 vessel or craft being stranded grounded sunk or capsized
1.1.3 overturning or derailment of land conveyance
1.1.4 collision or contact of vessel craft or conveyance with any
external object other than water
1.1.5 discharge of cargo at a port of distress,
1.2 loss of or damage to the subject-matter insured caused by
1.2.1 general average sacrifice
1.2.2 jettison.
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2. - General Average Clause |
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 this insurance. |
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3. -
"Both to Blame Collision" Clause |
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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EXCLUSIONS |
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4. - General Exclusion Clause |
4 In no case shall this insurance cover
4.1 loss damage or expense attributable to wilful misconduct of the
Assured
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 deliberate damage to or deliberate destruction of the subject-matter
insured or any part thereof by the wrongful act of any person or persons
4.8 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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5. - Unseaworthiness and Unfitness Exclusion Clause |
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
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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6. - War Exclusion Clause |
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, and the consequences
thereof or any attempt thereat
6.3 derelict mines torpedoes bombs or other derelict weapons of war.
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7. - Strikes Exclusion Clause |
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, lock-outs, labour disturbances, riots or
civil commotions
7.3 caused by any terrorist or any person acting from a political motive.
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| DURATION |
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8. - Transit Clause |
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, which the Assured elect to use
either
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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9. - Termination of Contract of Carriage Clause |
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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10. - Change of Voyage Clause |
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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| CLAIMS |
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11. - Insurable Interest Clause |
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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12. - Forwarding Charges Clause |
12 Where, as a result of the operation of a risk
covered by this insurance, the insured transit is terminated at a port or 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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13. - Constructive Total Loss Clause |
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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14. - Increased Value Clause |
14.1 If any Increased Value insurance is effected
by the Assured on the cargo insured herein the agreed value of the cargo shall
be deemed to be increased to the total amount insured under this insurance and
all Increased Value insurances covering the loss, and liability under this
insurance shall be in such proportion as the sum insured herein bears to such
total amount insured. In the event of claim the Assured shall provide the
Underwriters with evidence of the amounts insured under all other insurances.
14.2 Where this insurance is on Increased Value the following clause
shall apply: The agreed value of the cargo shall be deemed to be equal to the
total amount insured under the primary insurance and all Increased Value
insurances covering the loss and effected on the cargo by the Assured, and
liability under this insurance shall be in such proportion as the sum insured
herein bears to such total amount insured. In the event of claim the Assured
shall provide the Underwriters with evidence of the amounts insured under all
other insurances.
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| BENEFIT OF INSURANCE |
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15. - Not to Inure Clause |
15 This insurance shall not inure to the benefit of
the carrier or other bailee. |
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| MINIMISING LOSSES |
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16. - Duty of Assured Clause |
16 It is the duty of the Assured and their servants
and agents in respect of loss recoverable hereunder 16.1 to take such measures as may be reasonable for the purpose of
averting or minimising such loss, and
16.2 to ensure that all rights against carriers, bailees or other third
parties are properly preserved and exercised And the Underwriters will, in
addition to any loss recoverable hereunder, reimburse the Assured for any
charges properly and reasonably incurred in pursuance of these duties.
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17. - Waiver Clause |
17 Measures taken by the Assured or the
Underwriters with the object of saving protecting or recovering the
subject-matter insured shall not be considered as a waiver or acceptance of
abandonment or otherwise prejudice the rights of either party. |
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| AVOIDANCE OF DELAY |
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18. - Reasonable Despatch Clause |
18 It is a condition of this insurance that the
Assured shall act with reasonable despatch in all circumstances within their
control. |
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| LAW AND PRACTICE |
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19. - English Law and Practice Clause |
19 This insurance is subject to English law and
practice. |
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NOTE:- It is necessary for the Assured when they become aware of an event
which is "held covered" under this insurance to give prompt notice to
the Underwriters and the right to such cover is dependent upon compliance with
this obligation. |
