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INSTITUTE FROZEN MEAT CLAUSES
(CARGO)
(not
suitable for chilled, cooled, or fresh meat)
(24-Hour Breakdown Clause) |
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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 & 7 below,
1.1
all
risks of loss of or damage to the subject-matter insured, other than loss or
damage resulting from any variation in temperature howsoever caused,
1.2
loss
of or damage to the subject-matter insured resulting from any variation in
temperature attributable to
1.2.1
breakdown of refrigerating machinery resulting in its stoppage for a
period of not less than 24 consecutive hours
1.2.2
fire or explosion
1.2.3
vessel or craft being stranded grounded sunk or capsized
1.2.4
overturning or derailment of land conveyance
1.2.5
collision or contact of vessel craft or conveyance with any external
object other than water
1.2.6
discharge of cargo at a port of distress.
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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 Exclusions 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 (except loss damage or expense resulting from variation
in temperature specifically covered under Clause 1.2 above)
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, where, at the time
of loading of the subject-matter insured on board the vessel; the Assured are
aware, or in the ordinary course of business should be aware, that such
insolvency or financial default could prevent the normal prosecution of the
voyage
This
exclusion shall not apply where the insurance has been assigned to the party
claiming hereunder who has bought or agreed to buy the subject-matter insured
in good faith under a binding contract
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
4.8
loss damage or expense on shore caused directly or indirectly by
earthquake, volcanic eruption and/or fire resulting therefrom
4.9
loss damage or expense arising from any failure of the Assured or their
servants to take all reasonable precautions to ensure that the subject-matter
is kept in refrigerated or, where appropriate, properly insulated and cooled
space.
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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
5.1.1 unseaworthiness of vessel or
craft, or unfitness of vessel or craft for the safe
carriage of the subject-matter insured, where the Assured are
privy to such unseaworthiness or unfitness, at the time the subject-matter
insured is loaded therein,
5.1.2 unfitness of
container, liftvan, or land conveyance for the safe carriage of the
subject-matter insured, where loading therein is carried out prior to attachment
of the insurance or by the Assured or their servants.
5.2 Where the
insurance has been assigned to the party claiming hereunder who has bought or
agreed to buy the subject-matter insured in good faith under a binding contract,
exclusion 5.1.1 above shall not apply.
5.3 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.
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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 (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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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
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8.1 This
insurance attaches from the time
8.1.1
the goods pass into the cooling and/or freezing chambers of the works at the
place named herein, provided that the period in such chambers prior to shipment
on board the overseas vessel shall not exceed 60 days unless prompt notice be
given to Underwriters and an additional premium paid for each further period of
30 days or part thereof
8.1.2
the goods are loaded into the conveyance at the freezing works or cold store at
the place named herein for the commencement of the transit.
8.1.3
of loading of the goods into the overseas vessel
8.2
This insurance continues during the ordinary course of transit to and whilst in
8.2.1
cold store at the destination names herein
or
8.2.2
any other cold store which the Assured elect to use following the discharge of
the goods from the overseas vessel at the port of discharge either
8.2.2.1
for storage other than in the ordinary course of transit, or
8.2.2.2
for allocation or distribution
8.3
This insurance terminates
8.3.1
for transit to a destination in the Continent of Europe (including Eire and
the United Kingdom), USA, or Canada on the expiry of 30 days
8.3.2
for transit to a destination elsewhere on the expiry of 5 days
after
final discharge of the goods from the overseas vessel at the port of
discharge.
8.4
Any disposal of the goods other than by storage as in 8.2.1 or 8.2.2 above
(except with the prior consent of the Underwriters) or any removal from cold
store before the expiry of the relevant period in 8.3.1 or 8.3.2 above shall
terminate the insurance on such goods.
8.5
If, after discharge overside from the overseas vessel at the final port of
discharge, but prior to the 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.
8.6
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 30 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 30 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
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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.
11.3
Prompt notice of any deterioration loss or damage shall be given to
Underwriters upon first discovery and any claim for depreciation or damage is
conditional upon Underwriters having been given an opportunity to inspect such
depreciation or damage before termination of the insurance.
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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.
- Adjustment Clause |
14
Should the subject-matter insured or any part thereof not be shipped any claim
in respect thereto shall be adjusted on the basis of its insured value less,
where included, freight, duty, and all charges not incurred. |
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15.
- Increased Value Clause |
15.1
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.
15.2
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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16. -
Not to Inure Clause |
16 This insurance shall not inure to the benefit of
the carrier or other bailee. |
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MINIMISING LOSSES |
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17. - Duty of Assured Clause |
17 It is the duty of the Assured and their servants
and agents in respect of loss recoverable hereunder
17.1 to take such measures as may be reasonable for
the purpose of averting or minimising such loss, and
17.2 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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18. -
Waiver Clause |
18 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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19. -
Reasonable Despatch Clause |
19 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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20. -
English Law and Practice Clause |
20 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. |
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SPECIAL NOTE: -
This
insurance does not cover loss damage or expense caused by embargo, or by
rejection prohibition or detention by the government of the country of import or
their agencies or departments, but does not exclude loss of or damage to the
subject-matter insured caused by risks insured hereunder and sustained prior to
any such embargo rejection prohibition or detention.
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1/1/86
CL324
© Copyright The Institute of London Underwriters |