CIC保险条款-ICC

Conditions and Clauses of Ocean Marine InsuranceSection 1 Conditions and Clauses of China Insurance Clauses (CIC) ——————————————————The People’s Insurance Company of ChinaHead office: BEIJINGEstablished in 1949MARINE CARGO TRANSPORTATION INSURANCE POLICY Invoice No. Policy No.This Policy of Insurance witnesses that the People’s Insurance Company of China（hereinafter called “the Company”）, at the request of ※※※（hereinafter called “the Insured”）and in consideration of the agreed premium paid to the Company by the Insured, undertakes to insure the undermentioned goods in transportation subject to the conditions of the policy as per the Clauses printed overleaf and other special Clauses attached hereon.Total Amount InsuredPremium as arranged Rate as arranged Per Conveyance S.SSlg on or abt.From toConditions:Claims, if any, payable on surrender of this policy together with other relevant documents. In the event of accident whereby loss or damage may result in a claim under this policy, immediate notice applying for survey must be given to the Company’s Agent as mentioned hereunder.Claim payable atAddress of Issuing OfficeDateAUTHORITY SIGNATURE111The People’s Insurance Company of ChinaOcean Marine Cargo ClausesⅠ. Scope of CoverThis insurance is classified into the following three Conditions—Free From Particular Average（F.P.A.）, With Average（W.A.）and All Risks. Where the goods insured hereunder sustain loss or damage, the Company shall undertake to indemnify（赔偿）therefore according to the Insured Condition（承保险种）specified in the Policy and the Provisions of the Clauses:1. Free From Particular Average（F.P.A. 平安险）1)Total or Constructive Total Loss of the whole consignment hereby insured caused in the course of transit by natural calamities—heavy weather, lightning, tsunami, earthquake and flood. In case a constructive total loss is claimed for, the Insured shall abandon（委付）to the Company the damaged goods and all rights and title pertaining thereto. The goods on each lighter（驳船）to or from the seagoing vessel shall be deemed a separate risk.“Constructive Total Loss refers to the loss where an actual loss appears to unavoidable or the cost to be incurred in recovering or reconditioning the goods together with the forwarding cost to the destination named in the Policy would exceed their value on arrival”.（由自然灾害引起的全部损失）2)Total or Partial Loss caused by accidents—the carrying conveyance being grounded, stranded, sunk or in collision with floating ice or otherobjects as well as fire or explosion.（由意外事故引起的全部或者部分损失）3)Partial loss of the insured goods attributable to heavy weather, lightning and/or tsunami, where the conveyance has been grounded, stranded, sunk or burnt（意外事故）, irrespective of where the event or events took place before or after such accidents.（在前后发生过意外事故的前提下，由自然灾害引起的部分损失。

）4)Partial or total loss consequent on falling of entire package or packages into sea during loading, transshipment or discharge. （吊索损害，sling loss）5)Reasonable cost incurred by the Insured in salvaging the goods or averting or minimizing a loss recoverable under the Policy, provided that such cost shall not exceed the sum insured of the consignment so saved.（施救费用）6)Losses attributable to discharge of the insured goods at a port of distress（遇难港）following a sea peril as well as special charges arising from loading, warehousing and forwarding of the goods at an intermediate port of call or refuge.（中途挂靠港或避难港）（海难损失及费用）7)Sacrifice in and Contribution to General Average and Salvage Charges （救助费用）.8)Such proportion of losses sustained by the shipowners as is to bereimbursed by the Cargo Owner under the Contract of Affreightment of “Both to Blame Collision”clause.（货主在“双方有责碰撞”条款下应当承担的赔偿责任）2. With Average（W.A.）（水渍险）Aside from the risks covered under F.P.A. condition as above, this insurance also covers partial losses of the insured goods caused by heavy weather, lightning, tsunami, earthquake and/or flood.（在平安险的基础上，对于由自然灾害引起的部分损失进行无条件的赔偿）3. All Risks（一切险）Aside from the risks covered under F.P.A. and W.A. conditions as above, this insurance also covers all risks of loss of or damage to the insured goods whether partial or total, arising from external causes in the course of transit.（在水渍险的基础上，对于由一般外来风险引起的全部或者部分损失进行赔偿）Ⅱ. ExclusionsThis insurance does not cover：1.Loss or damage caused by the intentional act or fault of the Insured.2.Loss or damage falling under the liability of the consignor发货人.3.Loss or damage from inferior quality质量低劣or shortage of the insured goods prior to the attachment of this insurance.4.Loss or damage arising from normal loss, inherent vice内在缺陷or nature of the insured goods, loss of market and/or delay in transit and anyexpenses arising therefrom.5.Risks and liabilities covered and excluded by the ocean marine cargo war risks clauses and strike, riot and civil commotion clauses of this Company.（战争险和罢工险所承保的以及所排除的风险）Ⅲ. Commencement and Termination of Cover1.Warehouse to Warehouse ClauseThis insurance attaches from the time the goods hereby insured leave the warehouse or place of storage named in the Policy for the commencement of the transit and continues in force in the ordinary course of transit including sea, land and inland waterway transit and transit in lighter until the insured goods are delivered to the consignee’s final w arehouse or place of storage at the destination named in the Policy or to any other place used by the Insured for allocation or distribution of the goods or for storage other than in the ordinary course of transit（在正常运输之外的被被保险人用于分配、分发或者储存货物的其他场所）. This insurance shall, however, be limited to sixty（60）days after completion of discharge of the insured goods from the seagoing vessel at the final port of discharge before they reach the above mentioned warehouse or place of storage. If prior to the expiry of the above mentioned sixty（60）days, the insured goods are to forwarded to a destination other than that named in the Policy, this insurance shall terminate at the commencement of such transit.2.If, owning to delay, deviation, forced discharge, reshipment or transshipment beyond the control of the Insured or any change or termination of the voyage arising from the exercise of a liberty granted to the shipowners under the contract of affreightment（运输合同）, the insured goods arrive at a port or place other than that named in the Policy, subject to immediate notice being given to the Company by the Insured and an additional premium being paid, if required, this insurance shall remain in force保持有效and shall terminate终止as hereunder:1)If the insured goods are sold at port or place not named in the Policy, this insurance shall terminate on delivery of the goods sold, but in no event绝对不能shall this insurance extend beyond sixty（60）days after completion of discharge of the insured goods from the carrying vessel at such port or place.（货物中途变卖）2)If the insured goods are to be forwarded运送to the final destination named in the Policy or any other destination, this insurance shall terminate in accordance with Section 1) above.（继续将货物运达最终目的地）Ⅳ. Duty of the InsuredIt is the duty of the Insured to attend to all matters as specified hereunder, failing which the Company reserves the right to reject his claim for any loss if and when 如果；万一such failure prejudice侵害到the rights of the Company.1.The Insured shall take delivery of the insured goods in good time及时地；迅速地upon their arrival at the port of destination named in the Policy. In the event of如果any damage to the goods, the Insured shall immediately apply for survey to the survey and/or settling agent stipulated确定in the Policy. If the insured goods are found short in entire package or packages or to show apparent traces痕迹of damage, the Insured shall obtain from the carrier, bailee 受托人or other relevant authorities（Custom and Port Authorities etc.）certificate of loss or damage and/or shortland memo. Should the carrier, bailee or the other relevant authorities be responsible for such shortage or damage, the Insured shall lodge a claim with them in writing and, if necessary, obtain their confirmation批准of an extension of the time limit of validity of such claim.2.The Insured shall, and the Company may also, take reasonable measures immediately in salvaging抢救the goods or preventing or minimizing a loss or damage thereto. The measures so taken by the Insured or by the Company shall not be considered respectively, as a waiver放弃of abandonment委付hereunder, or as an acceptance接受thereof.（被保险人的施救费用）3.In case of a change of voyage or any omission遗漏or error差错in the description说明of the interest（货物）, the name of the vessel or voyage, this insurance shall remain in force only upon prompt notice tothis Company when the Insured becomes aware of the same and payment of an additional premium if required.4.The following documents should accompany any claim hereunder made against the Company:●Original Policy,保险单原件●Bill of Lading, 提单●Invoice, 发票●Packing List, 装箱单●Tally Sheet, 理货单●Weight Memo, 磅码单●Certificate of Loss or Damageand/or Shortland Memo,货损货差证明●Survey Report, 检验报告●Statement of Claim. 索赔清单If any third party is involved, documents relative to pursuing of recovery from such party should also be included.5.Immediate notice should be given to the Company when the Cargo Owner’s actual responsibility under the Contract of Affreightment “Both to Blame Collision”Clause运输合同中的双方有责碰撞条款becomes known.Ⅴ. The Time of Validity of a ClaimThe time of validity of a claim under this insurance shall not exceed a period of two years counting from the time of completion of discharge of the insured goods from the seagoing vessel at the final port of discharge. 111The People’s Insurance Company of ChinaOcean Marine Cargo War Risk ClausesⅠ. Scope of CoverThis insurance covers：1.Loss of or damage to the insured goods caused directly by or consequent upon随后发生的W AR战争, WARLIKE OPERATIONS类似战争的行为, HOSTILE ACTS敌对行动, ARMED CONFLICTS武装冲突OR PIRACY海盗;2.Loss or damage caused by CAPTURE捕获, SEIZURE拘留, ARREST扣留, RESTRAINT限制OR DETAINMENT扣押arising from the events in SectionⅠ.1. above.3.Loss or damage caused by conventional weapons常规武器of war including mines（鱼雷）, torpedoes（水雷）and bombs（炸弹）.4.Sacrifice in and contribution（分摊）to General Average and Salvage Charges（第三方的救助费用）arising from the risks covered hereunder. Ⅱ. ExclusionsThis insurance does not cover:1.Loss, damage or expenses arising from any hostile use敌对性使用of atomic or nuclear weapons of war.2.Any claim based upon loss of, or frustration of, the insured voyage caused by arrest扣留, restraint限制or detainment扣押by any executive authorities, authorities in power or any other armed groups. Ⅲ. Commencement and Termination of Cover1.This insurance shall attach from the time the insured goods are loaded on the seagoing vessel or lighter at the port of shipment named in the Policy until discharged overside从船边from the seagoing vessel or lighter at the port of destination named in the Policy. If the insured goods are not discharged therefrom, the longest duration at the port of discharge shall be limited to fifteen（15）days counting from midnight of the day of the vessel’s arrival at such port. Anchoring（抛锚）, mooring（停泊）or securing（系缆）at a berth（泊位）or place within the harbor shall be deemed as the vessel’s arrival. In the absence of such berth or place, the vessel’s arrival refers to the vessel’s first anchoring, mooring or securing either at or off the intended port在拟卸货的港口内外or at or near the place of discharge在卸货地点或者在其附近. （水上危险原则；港至港原则Principle of Port to Port）2.In case of transshipment转船at an intermediate port, regardless of whether or not the insured goods are unloaded, the longest duration ofthis insurance shall be limited to fifteen（15）days counting from midnight 午夜of the day of the vessel’s arrival at such port or place of discharge. However, this insurance shall reattach重新生效when the insured goods are loaded on the oncarrying vessel（续运海轮）.3.If the contract of affreightment（运输合同）is terminated at a port or place other than the destination named in the Policy, such port or place shall be deemed the destination under the Policy and this insurance shall terminate according to Section Ⅲ.1. above. If the insured goods are to be reshipped重新装船启运to the original or any other destination, this insurance shall reattach when the goods are loaded on the oncarrying vessel or lighter驳船provided如果notice is given to the Company and an additional premium is paid prior to the commencement of such further transit.4.This insurance shall remain in force during any deviation, change of voyage, variation of adventure航海arising from the exercise of a liberty granted to the shipowners under the contract of affreightment 行使由运输合同赋予船东的自主权subject to immediate notice to the Company and payment of an additional premium, when such event comes to the knowledge of the Insured.Note: 备注：These clauses are the clauses of an additional insurance附加险to the Ocean Marine Cargo Insurance of the Company. In case of conflict抵触、不一致between any clauses of these clauses and the ocean marine cargoclauses, these clauses shall prevail具有更高的效力.111INSTITUTE CARGO CLAUSES (A)2007-7-6 10:29:00锦程物流网INSTITUTE CARGO CLAUSES (A)RISKS COVERED(Risks clause)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.(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.("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 underthe 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 suchclaim.EXCLUSIONS(General Exclusions Clause)4 In no case shall this insurance cover4.1 loss damage or expense attributable to wilful misconduct of the Assured4.2 ordinary leakage, ordinary loss in weight or volume, or ordinary wear and tear of the subject-matter insured4.3 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 insured4.5 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 vessel4.7 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 ormatter(Unseaworthiness and Unfitness Exclustion Clause )55.1 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 todestination ,unless the Assured or their servants are privy to such unseaworthiness or unfitness.(War Exclustion Clause)6 In no case shall this insurance cover loss damage or expense caused by6.1 war civil war revolution rebellion insurrection ,or civil strifearising therefrom ,or any hostile act by or against a belligerent power6.2 capture seizure arrest restraint or detainment (piracy excepted ), and the consequences thereof or any attempt thereat6.3 derelict mines torpedoes bombs or other derelict weapons of war.(Strikes Exclusion Clause)7 In no case shall this insurance cover loss damage or expense7.1 caused by strikers ,locked-out workmen ,or persons taking part in labour disturbances ,riots or civil commotions7.2 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. (Transit Clause)8 DURATION8.1 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 either8.1.1 on delivery to the Consignees' or other final warehouse or place of storage at the destination named herein8.1.2 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 either8.1.2.1 for storage other than in the ordinary course of transit or8.1.2.2 for allocation or distribution8.1.3 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 ofdischarge ,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 .(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 Underwriter ,either9.1 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 ,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 ,untilterminated in accordance with the provisions of Clause 8 above .(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 .11 CLAIMS(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 ont.(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 Clause 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 .(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.(Increased Value Clause )1414.1 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 .15 BENEFIT OF INSURANCE(Not to Inure Clause )This insurance shall not insure to the benefit of the carrier or other bailee.MINIMIDSING LOSSES(Duty of Assured Clause)16 It is the duty of the Assured and their servants and agents in respect of loss recoverable hereunder16.1 to take such measures as may be reasonable for the purpose of averting or minimising such loss ,and16.2 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.(Waiver Clause)17 Measures taken by the Assured or the Underwriters with the object ofsaving ,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. AVOIDANCE OF DELAY(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.LAW AND PRACTICE(English Law and Practice Clause)19 This insurance is subject to English law and practice.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。