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INSTITUTE CARGO - STRIKES CLAUSES TIMBER |
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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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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 a risk covered under these
clauses. |
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EXCLUSIONS |
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3. - General Exclusions Clause |
3 In no case shall this insurance cover
3.1 loss damage or expense attributable to willful misconduct of the
Assured
3.2 ordinary leakage, ordinary loss in weight or volume, or ordinary wear
and tear of the subject-matter insured
3.3 loss damage or expense caused by insufficiency or unsuitability of
packing or preparation of the subject-matter insured (for the purpose of this
Clause 3.3 "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)
3.4 loss damage or expense caused by inherent vice or nature of the
subject-matter insured
3.5 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)
3.6
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 this 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.
3.7 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
3.8 any claim based upon loss of or frustration of the voyage or
adventure
3.9 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
3.10 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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4. - Unseaworthiness and Unfitness Exclusion Clause |
4.1 In no case shall this insurance cover loss
damage or expense arising from
4.1.1
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.
4.1.2
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 this insurance or by
the Assured or their servants
4.2
Where this insurance has been assigned to the
party claiming hereunder who has bought or agreed to but the subject-matter
insured in good faith under a binding contract, exclusion 4.1.1 above shall not
apply
4.3
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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DURATION |
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5. - Transit Clause |
5.1 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,
5.1.1
on delivery of the goods by land or water into
the mill, warehouse, factory, yard or premises at their final destination,
whether at the port of discharge of the oversea vessel or (further sea voyage
excepted) elsewhere, and are there made available to the Assured or Receivers
5.1.2
on delivery to any other warehouse or place of
storage, which the Assured elect to use for storage other than in the ordinary
course of transit
-- or --
5.1.3
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.
5.1.2.1 for storage other than in the ordinary course of transit or
5.1.2.2 for allocation or distribution, or
5.1.3 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.
5.2
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 transshipment and during any variation of the adventure arising
from the exercise of a liberty granted to shipowners or charterers under the
contract of affreightment.
5.3
Each bill of lading to be deemed a separate
insurance if required by the Assured at any time
5.4 . The
provisions of Clause 8 shall apply notwithstanding that the description of the
voyage in the body of the policy may state only the ports and places of shipment
and discharge
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6. - Termination of Contract of Carriage
Clause |
6 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 5 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
6.1 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
6.2 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 5
above.
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7. - Change of Voyage Clause |
7 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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8. - Insurable Interest Clause |
8.1 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.
8.2 Subject to 8.1 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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9. - Increased Value Clause |
9.1 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.
9.2 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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10. - Not to Inure Clause |
10 This insurance shall not inure to the benefit of
the carrier or other bailee. |
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MINIMISING LOSSES |
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11. - Duty of Assured Clause |
11 It is the duty of the Assured and their servants
and agents in respect of loss recoverable hereunder
11.1 to take such measures as may be reasonable for the purpose of
averting or minimising such loss, and
11.2 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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12. - Waiver Clause |
12 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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13. - Reasonable Despatch Clause |
13 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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14. - English Law and Practice Clause |
14 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. |