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INSTITUTE CARGO - STRIKES CLAUSES
(Air Cargo) |
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RISKS COVERED |
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1. - Risks Clause |
1 This insurance covers, except as provided in
Clauses 3 and 4 below, loss of or damage to the subject-matter insured caused by
1.1 strikers, locked-out workmen, or persons taking part in labour
disturbances, riots or civil commotions
1.2 any terrorist or any person
acting from a political motive.
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EXCLUSIONS |
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2. - General Exclusions Clause |
2 In no case shall this insurance cover
2.1 loss
damage or expense attributable to wilful misconduct of the Assured
2.2 ordinary
leakage, ordinary loss in weight or volume, or ordinary wear and tear of the
subject-matter insured
2.3 loss
damage or expense caused by insufficiency or unsuitability of packing or
preparation of the subject-matter insured (for the purpose of this Clause 2.3
“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)
2.4 loss
damage or expense caused by inherent vice or nature of the subject-matter
insured
2.5 loss
damage or expense arising from unfitness of aircraft conveyance container or
liftvan for the safe carriage of the subject -matter insured, where the Assured
or their servants are privy to such unfitness at the time the subject-matter
insured is loaded therein
2.6 loss
damage or expense proximately caused by delay, even though the delay be caused
by a risk insured against
2.7 loss
damage or expense arising from insolvency or financial default of the owners
managers charterers or operators of the aircraft
2.8 loss
damage or expense arising from the absence shortage or withholding of labour of
any description whatsoever resulting from any strike, lockout, labour
disturbance, riot or civil commotion
2.9 any
claim based upon loss of or frustration of the voyage or adventure
2.10 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
2.11 loss
damage or expense caused by war civil war revolution rebellion insurrection, or
civil strife arising therefrom, or any hostile act by or against a belligerent
power.
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DURATION |
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3. - Transit Clause |
3.1 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,
3.1.1 on delivery to the Consignees' or other final warehouse or place of
storage at the destination named herein,
3.1.2 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
3.1.2.1 for storage other than in the ordinary course of transit or
3.1.2.2 for allocation or distribution, or
3.1.3 on the expiry of 30 days after
unloading the subject-matter insured from the aircraft at the final place of discharge
whichever shall first occur.
3.2
If, after unloading from the aircraft at
the final place of discharge, but prior to termination of this insurance, the
subject-matter insured is forwarded to
a destination other than that to which it is 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.
3.3 This insurance shall remain in force (subject to the termination as
provided for above and to the provisions of Clause 4 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 the air carriers under the contract of carriage. |
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4. - Termination of Contract of Carriage Clause |
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- If owing to circumstances beyond the control of the Assured either the
contract of carriage is terminated at a place other than the destination named
therein or the transit is otherwise terminated before delivery of the
subject-matter insured as provided for in Clause 3 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
4.1 until the subject-matter is sold and delivered at such place or, unless
otherwise specially agreed, until the expiry of 30 days after arrival of the
subject-matter hereby insured at such place, whichever shall first occur,
or
4.2 if the subject-matter insured is 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
3 above. |
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5. - Change of Transit Clause |
5 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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6. - Insurable Interest Clause |
6.1 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.
6.2 Subject to 6.1 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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7. - Increased Value Clause |
7.1 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.
7.2 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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8. - Not to Inure Clause |
8 This insurance shall not inure to the benefit of
the carrier or other bailee. |
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MINIMISING LOSSES |
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9. - Duty of Assured Clause |
9 It is the duty of the Assured and their servants
and agents in respect of loss recoverable hereunder
9.1 to take such measures as may be reasonable for the purpose of
averting or minimising such loss, and
9.2 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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10. - Waiver Clause |
10 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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11. - Reasonable Despatch Clause |
11 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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12. - English Law and Practice Clause |
12 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. |