货物运输保险附加险条款
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货物运输保险附加险条款
本货物运输保险附加险包括常用除外条款(共21条)、常用限制条款(共13条)、常用免赔描述方法(3条)、常用附加条款(共78条),适用于各类货物运输保险。
一、常用除外条款
1)破碎险除外
2)承保破碎险,不包括原残损失
3)非承保责任造成的生锈、氧化变色除外
4)机械、电路、电子设备功能紊乱除外,除非是承保风险造成的且存在明显的外部损
害、凹陷或变形
5)弯曲风险除外
6)锈损除外
7)油污损失除外
8)霉变除外
9)液体溢出除外
10)鼠咬虫蛀除外
11)非平安险或水渍险原因或淡水雨淋造成的生锈、氧化、变色除外
12)裸装货物的破裂、弯曲变形、刮擦损失除外
13)内在霉变除外
14)串味损失除外条款
15)全车损失除外条款
16)不明原因货物短少除外条款
17)腐败变质除外条款
18)无人看管损失除外条款
19)温度、湿度变化除外条款
20)短量除外
21)因受潮、受热、自燃造成的损失除外
二、常用限制条款
1)海关检验条款
2)码头检验条款
3)绕道条款
4)使用专业承运人保证条款
5)专业包装保证条款
6)盗窃、抢劫需提供警方证明条款
7)陆运过程中保证使用箱式货车或全封闭货车或捆扎紧密、做好充分防水措施的货车
以满足长距离运输的需要
8)含水量保证条款
9)无明显证据证明属我司承保期间因平安险或水渍险所承保风险造成的损失我司不
予赔偿.
10)在本保险全程运输中,载货车辆不得超载
11)货物国际安全管理规则背书
12)30天通知取消保单条款
13)成对成套条款
三、常用免赔描述方法
1)免赔
2)短量损失免赔
3)破碎损失免赔
四、常用货运险附加条款
1)Termination of Transit Clause (Terrorism)
2)200% Accumulation Clause
3)Cancellation Clause
4)Transit Extension Clause (90 days)
5)Special Replacement Clause
6)Special Replacement Clause (Duty)
7)Returned Shipment Clause
8)Paramount War Clause
9)Insolvency Exclusion Clause
10)Electrical/Mechanical Derangement Clause
11)War Risks Clause
12)Concealed Damage Clause (120 days)
13)Marine 50/50 Concealed Damage Clause
14)General Average Clause
15)Shortage From Containers Clause
16)Packing Clause
17)Containerized Cargo Clause
18)Fumigation Clause
19)Deliberate Damage – Pollution Hazard Clause
20)Civil Authority Clause
21)Removal of Debris Clause
22)General Loss or Damage Survey Clause
23)Partial Loss Clause
24)Subrogation Clause
25)Errors and Omissions Clause
26)Expediting Clause
27)Cargo ISM Endorsement including Cargo ISM Forwarding Charges Clause
28)Airfreight Replacement Clause
29)Pre-appointment of Loss Adjuster
30)Payment on Account Clause
31)Primary Insurance
32)Good Faith Clause
33)Currency Clause
34)Institute Chemical, Biological, Bio-Chemical, and Institute Radioactive
Contamination, Chemical, Biological, Bio-Chemical and Electromagnetic Weapons Exclusion Clause CL370 10/11/03
35)Container Demurrage Charges
36)Brand & Trademark
37)Loading and unloading Clause
38)Unattended Vehicle
39)Premium Adjustment on Expiry Clause
40)Concealed Damage Clause
41)Premium Payment Terms Clause
42)Debris Removal Clause
43)Marine Extension Clause
44)Goods Purchased By the Assured On "C.I.F." Terms
45)Goods Purchased By The Assured On "F.O.B.", C. & F." Or Similar Terms
46)Seller's Interest in Respect Of Shipments Sold By the Assured On F.O.B, C.F.R
Or Similar Terms
47)Cargo ISPS Endorsement
48)Cargo ISPS Forwarding Charges Clause
49)偷窃、提货不着险条款
50)淡水、雨淋险条款
51)短量险条款
52)混杂、沾污险条款
53)渗漏险条款
54)碰损、破碎险条款
55)串味险条款
56)受潮受热险条款
57)钩损险条款
58)包装破裂险
59)锈损险条款
60)进口集装箱货物运输保险特别条款
61)海运进口货物国内转运期间保险责任扩展条款
62)进口关税条款
63)舱面货物条款
64)拒收险条款
65)黄曲霉毒素险条款
66)出口货物到香港(包括九龙在内)或澳门存仓火险责任扩展条款
67)易腐货物条款
68)交货不到条款
69)海关检验条款
70)码头检验条款
71)卖方利益保险条款
72)海洋运输货物战争险条款
73)陆上运输货物战争险条款
74)航空运输货物战争险条款
75)邮包战争险条款
76)货物运输罢工险条款
77)公路货物运输保险附加盗窃、抢劫保险条款
78)临时仓储条款
货运险附加条款
一、常用除外条款
序
号
中文简称 英文规范描述
1 破碎险除外。
Excluding risk of breakage.
2 承保破碎险,不包括原残损失。
The insurance against Risk of Breakage does not
cover the goods remarked in the invoice as
originally damaged.
3 非承保责任造成的生锈、氧化变色除外。
Excluding Rust, Oxidation Discoloration unless
caused by the perils insured against under the
terms of this policy.
4 机械、电路、电子设备功能紊乱除外,除
非是 承保风险造成的且存在明显的外部
损害、凹陷或变形。
Excluding Mechanical, Electrical and Electronic Derangement unless caused by the perils insured against under the terms of this policy and there is evidence of an external damage dent and distortion.
5 弯曲风险除外。
Excluding risk of bending.
6 锈损除外。
Excluding risk of rust.
7 油污损失除外。
Excluding damage by grease and oil.
8 霉变除外。
Excluding risk of moulds.
9 液体溢出除外。
Excluding risk of spillages.
10 鼠咬虫蛀除外。
Excluding risk of rats-bitten and infestation.
11 非平安险或水渍险原因或淡水雨淋造成
的生锈、氧化、变色除外 Excluding the risk of rusting, oxidation and discoloration unless caused by Ocean Marine Cargo Clauses (F.P.A. or W.A.) perils or rain water.
12 裸装货物的破裂、弯曲变形、刮擦损失除
外 Excluding any risk of chipping, denting, marring and scratching if the subject-matter insured is unpacked.
13 内在霉变除外 Excluding risk of inherent Mould
14 串味损失除外条款
任何原因造成的货物串味损失保险人不
承担保险责任
Excluding risk of taint of odour
15 全车损失除外条款
全车被他人诈骗或全车被盗窃所致的损
失,保险人不承担保险责任
16 不明原因货物短少除外条款
货物不明原因短少,保险人不承担保险责
任
17 腐败变质除外条款
任何原因造成的货物腐败变质,保险人不
承担保险责任
18 无人看管损失除外条款
货物在无人看管情况下发生的损失,保险
人不承担保险责任
19 温度、湿度变化除外条款
由于温度、湿度变化造成的货物损失,保
险人不承担保险责任The insurance company shall not be responsible for any loss or damage of the insured cargo caused by change of temperature and humidity.
20 短量除外 Excluding the risk of shortage.
21 因受潮、受热、自燃造成的损失除外Excluding the risk of heating, sweating and
spontaneous combustion.
二、常用限制条款
序
号
中文简称 英文规范描述
1 海关检验条款 Survey in customs clause.
2 码头检验条款 Survey at Jetty Clause.
3 绕道条款 The insurance shall continue in force during any
deviation and other variation of the adventure beyond
the control of the Insured but otherwise subject to the
clause of commencement and termination of cover as
printed overleaf hereon.
4 使用专业承运人保证条款 Warranted the insured goods are carried by professional
carrier.
5 专业包装保证条款 Warranted the insured goods are professionally packed.
6 盗窃、抢劫需提供警方证明条款 Warranted that any theft, burglary or robbery claim
should be supported by police reports.
7 陆运过程中保证使用箱式货车或全
封闭货车或捆扎紧密、做好充分防
水措施的货车以满足长距离运输的
需要 In case of Inland Transit by truck, warranted that the insured good should be carried by container truck &/or fully enclosed vans &/or the truck with water-proof cover and sufficient lashing to withstand long-distance.
8 含水量保证条款 Warranted that a certificate be issued by Lloyd’s
surveyor or duly constituted inspector that the
moisture content of any portion of the interest hereby
insured be not more than % at the time of loading.
9 无明显证据证明属我司承保期间因
平安险或水渍险所承保风险造成的
损失我司不予赔偿. Without obvious evidence to ascertain that the loss or damage sustained during the period of the policy caused by the risk covered under F.P.A or W.P., the insurance company shall not be responsible for any such loss or damage claim.
10 在本保险全程运输中,载货车辆不
得超载。
Warranted throughout the currency of this insurance the conveyance is loaded within licensed carrying capacity.
11 货物国际安全管理规则背书。
SUBJECT TO CARGO ISM ENDORSEMENT (JC 98/019 1 MAY 1998)
Cargo ISM Endorsement
Applicable with effect from 1 August, 1998 to shipments
on board:
Applicable to shipments on board:
1.ro-ro passenger ferries
2.passenger vessels transporting more than 12
passengers and
3.oil tankers, chemical tankers, gas carriers, bulk
carriers and cargo high speed crafts of 500 gt or
more.
Applicable with effect from 1 July 2002 to shipments
on board all other cargo ships and mobile offshore
drilling units of 500 gt or more.
In no case shall this insurance cover loss, damage or
expense where the subject matter insured is carried by
a vessel that is not ISM Code certified or whose owners
or operators do not hold an ISM Code Document of
Compliance when, at the time of loading of the subject
matter insured on board the vessel, the Assured were
aware, or in the ordinary course of business should have
been aware:
a) Either that such vessel was not certified in
accordance with the ISM Code
b) Or that a current Document of Compliance was not held
by her owners or operators
as required under the SOLAS Convention 1974 as amended
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.
12 30天通知取消保单条款
被保人或承保人在提前30 天通知
对方的情况下可以自通知中列明之
日期取消本合约。
但对于协会战争
条 款和协会罢工条款,取消通知期
为7天;对于往/来自美利坚合众国
的货运,取消期为48个小时。
取消
合约通知可以自通知订立之日 的
午夜始计,此通知不适用于在取消
生效之前承保范围和风险。
30 DAYS NOTICE OF CANCELLATION CLAUSE
This open policy may be cancelled at any time by either party giving the other 30 days’ notice of cancellation, or 7 days in so far as war, s.r. & c.c. risks are concerned except that in case of shipments from &/or to the u.s.a., the cover in respect of war, s.r. & c.c. risks may be cancelled by giving 48 hours’ notice. Provided that any such cancellation shall not prejudice any risks which shall have attached at the time such cancellation becomes effective.
13 成对成套条款
任何属于成对或成套的项目,若发
生损失,本公司的赔偿责任不超过
该受损项目在所属整对或整套项目
的保险金额中所占的比例。
三、常用免赔描述方法
序
号
中文简称 英文规范描述
1 免赔:保额的 %。
Deductible: % on the whole consignment.
2 短量损失免赔为保额的 %。
The risk of shortage in weight in excess of % on the
whole consignment.
3 破碎损失免赔为保额的 % 。
Risk of breakage in excess of % on the whole
consignment.
四、常用货运险附加条款
1.Termination of Transit Clause (Terrorism)
This clause shall be paramount and shall override anything contained in this insurance inconsistent therewith.
1)Notwithstanding any provision to the contrary contained in this Policy or the
Clauses referred to therein, it is agreed that in so far as this Policy covers loss of or damage to the subject-matter insured caused by any terrorist or any person acting from a political motive, such cover is conditional upon the subject-matter insured being in the ordinary course of transit and, in any event, Shall terminate:
either
1.1 As per the transit clauses contained within the Policy, or
1.2on delivery to the Consignee’s or other final warehouse or place of
storage at the destination named herein,
1.3 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 for storage other than in the ordinary course of transit or
for allocation or distribution,, or
1.4 in respect of marine transits, 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,
1.5 in respect of air transits, 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.
2)If this Policy or the Clauses referred to therein specifically provide cover
for inland or other further transits following on from storage, or termination as provided for above, cover will re-attach, and continues during the ordinary course of that transit terminating again in accordance with clause 1 .
3)This clause is subject to English law and practice.
2.200% Accumulation Clause
Should there be an accumulation of interest beyond the limits expressed in this Policy by reason of any interruption in transit and/or occurrence beyond the control of the Insured, or by reason of any casualty and/or transhipping point and/or on a connecting steamer or conveyance, Underwriters shall hold covered such excess interest and shall be liable for the full amount at risk, but in no event to exceed twice the policy limit, provided notice be given to Underwriters as soon as known to the First Named Insured.The Company’s liability in respect of any one accident or series of accidents arising from the same event in any one location shall not
exceed the Limit of anyone conveyance.
3.Cancellation Clause
Subject to 60 days Notice of Cancellation in respect of all Marine Risks covered under this contract
4.Transit Extension Clause (90 days)
Notwithstanding the limitations of the “duration” clause od the Institute Cargo Clause and Institute Strike Clause, Insurer hereon agree to hold covered, at an additional premium to be agreed, any interest failing to arrive at consignee's warehouse within the ninety (90) days period in normal course of transit after completion of discharge from the overseas vessel due to circumstances beyond control of the Assured, subject to notification of such delay at the earliest possible moment.
5.Special Replacement Clause
In the event of claim for loss or damage to any part or parts of the insured interest in consequence of a peril covered by the policy, the amount recoverable hereunder shall not exceed such proportion of the cost of replacement of the parts lost or damaged as the insured value bears to the value of new machinery, plus additional charges for forwarding and refitting the new part or parts if incurred.
6.Special Replacement Clause (Duty)
Notwithstanding the provision in the Institute Replacement Clause/Special Replacement Clause hereto, it is specially understood and agreed that the Insurers shall also be liable to pay for loss, if any sustained, by payment of duty on part or parts for replacement or repair in case the full duty is not included in the amount insured but only in respect of such shipments where either the anticipated cost of duty was originally included in the sum insured or the Insured agrees to retroactively pay the premium calculated on the actual amount of duty to be paid in respect of the shipment
7.Returned Shipment Clause
In the case where the returned shipment is due to the actual loss or misfortune arising from a peril covered in this policy or the returned and/or reshipped cargoes are in good conditions, this Policy covers returned and/or reshipped cargoes at conditions agreed in this policy. Otherwise this Policy covers returned and/or
reshipped cargoes at terms of ICC(C) instead of ICC(A).
8.Paramount War Clause
War risks in respect of cargo interests are covered as in the original policy or policies, but subject to the Insurers applying the Limitations of the United Kingdom Waterborne Agreement dated 1/1/82 and any subsequent amendment thereto.
9.Insolvency Exclusion Clause
It is hereby agreed that the exclusion "loss damage or expense arising from insolvency or financial default of the owner managers charterers or operations of the vessel" is amended to read as follows:
In no case shall this insurance cover loss damage or expense arising from insolvency or financial default of the owners managers charterers or perations of the vessel where the Insured are unable to show that prior to the loading of the subject-matter insured on board the vessel all reasonable practical and prudent measures were taken by the Insured their servants and agents to establish the financial reliability Of the party in default.
10.Electrical/Mechanical Derangement Clause
It is agreed that loss or damage to the Property Insured arising from Electrical or Mechanical derangement is excluded unless the Property Insured is otherwise damaged by a peril as insured by the within applicable Institute Clauses.
11.War Risks Clause
War Risks Cover (as provided for the inclusion of the relevant Institute Clauses specified above) shall always be subject to the provisions regarding attachment and termination of risk incorporated in the said clauses.
12.Concealed Damage Clause (120 days)
It is understood and agreed that in respect of shipments insured hereunder which are received at destination but not unpacked, this policy is extended to cover losses arising from perils insured against while in transit, which are not ascertained until the opening of the packages, provided such opening occurs not later than one hundred and twenty(120) days after arrival at destination and, in the absence of proof to the contrary, such losses are to be considered as having occurred during the voyage covered under this policy.
Nothing contained herein, however, shall be construed to limit the coverage elsewhere provided herein.
13.Marine 50/50 Concealed Damage Clause
It is agreed and understood that in respect of items insured hereunder:
The Assured hereby undertakes to inspect each item of the interest Insured upon arrival at the contract site for possible damage sustained during transit.
In the case of packed items which are to be left in their packaging until a later date the packaging is to be visually inspected for signs of possible damage and where any such damage is visible the items are to be unpacked and inspected and any damage discovered reported to the Company.
Where the packaging of an item shows no visible signs of damage to such items having been sustained during transit any subsequent damage discovered upon unpacking will be dealt with by the Company and CAR/EAR Insurer according to whether it can clearly be established that such damage was caused before or after arrival at the contract site.
Where it is not possible to clearly establish whether the damage to an item was caused before or after arrival at the contract site it is hereby agreed that the cost of such damage shall be shared equally between the Company and the CAR/EAR insurer.
In the event of a loss being paid under the 50/50 provisions herein whereby 50% of the loss is to be paid by the Company hereunder and 50% of the CAR Insurers. The Company agrees that 50% of the applicable marine policy deductible shall apply to the proportion payable by Company under this Policy.
14.General Average Clause
This insurance covers general average and salvage charges, adjusted or determined according to the contract of affreightment and/or the governing law and practice, (or, if there is no contract of affreightment, according to Foreign Statement or to York-Antwerp Rules) incurred to avoid or in connection with the avoidance of loss from any cause except those specifically excluded herefrom.
For the purpose of claims for general average contributions and salvage charges recoverable hereunder, the subject-matter insured shall be deemed to be insured for its full contributory value.
15.Shortage From Containers Clause
This Insurer(s) is to pay for shortage of contents, meaning thereby, the difference between the number of items loaded or alleged to have been loaded in the intermodal
container, trailer or railcar as per the shipper's or supplier's invoice or packing list and the number of items removed therefrom and received by the Assured or its agent at the time the container, trailer or rail car is unloaded howsoever, wheresoever and whensoever occurring.
In respect of shipments in containers, provided documentary evidence is produced to substantiate the quantity loaded into a container, the fact that the container’s seal is intact at loading point or unloading point shall not invalidate claims for theft, pilferage, shortage and non-delivery.
16.Packing Clause
Notwithstanding anything contained herein to the contrary it is agreed that where packing or preparation is undertaken by the Assured or their sub-contractors, Underwriters shall accept such packing or preparation as sufficient or suitable to protect the subject-matter insured against loss or damage and further agree to waive rights of subrogation against the Assured or their sub-contractor, where such waiver is given by the Assured to their sub-contractor.
17.Containerized Cargo Clause
It is agreed and understood that cover provided by this insurance extends to include all containerized cargo whether on or under deck at the same terms conditions and premium rating as for under deck cargo.
18.Fumigation Clause
In the event of loss or damage to the interest insured caused by fumigation, these insurers agree to indemnity the Assured (for such loss or damage, and the Assured hereby agrees to subrogate to these Insurers any recourse they may have for recovery of such loss or damage from others, but this clause does not extend to cover loss or damage caused by customary fumigation applied prior to or at inception of risk.
19.Deliberate Damage – Pollution Hazard Clause
This policy is extended to cover but only while the property insured is no board a waterborne conveyance, loss of or damage to said property directly caused by governmental authorities acting for the public welfare to prevent or mitigate as pollution hazard or threat thereof, provided that the accident or occurrence creating the situation which required such governmental action is an insured peril hereunder.
20.Civil Authority Clause
Notwithstanding anything contained in this Policy, it is understood and agreed that property which is insured under this policy is also covered against the risk of damage or destruction by civil authority during a conflagration or for the purpose of retarding the same; provided that neither such conflagration nor such damage or destruction is caused or contributed to be War perils elsewhere excluded herein.
21.Removal of Debris Clause
This insurance also covers expenses incurred in the removal of all debris of the property covered hereunder which may occasioned by loss caused by any of the perils insured against except that the Underwriters shall not be liable under this policy and this clause for more than an additional 10% of the insured value of the shipment. Nothing contained herein shall be construed to cover any clean up expenses for which the Assured may be liable under any pollution statute.
22.General Loss or Damage Survey Clause
a. Waiver of Loss or Damage surveys (Not applicable to Critical Items)
It is agreed to waive surveys in respect of claims not expected to exceed US10,000 or equivalent in other currencies, net of cover deductible, if any, such claims to be accepted by Insurers on presentation of the Insured’s statement or debit note only.
Notwithstanding the foregoing, it is agreed that the Insured shall, at the Insurer's request, submit full supporting documents in respect of claims in excess of US5,000 or equivalent in other currencies, net of cover deductible, if any, in order that the Insurers may pursue recovery action against carriers and/or other third parties as may be considered appropriate.
b. Survey fees
In the event of the Insured and/or consignee complying with the instruction contained in the policy or on the Certificate of Insurance to call for a survey in respect of loss or damage which may result in a claim hereunder, it is hereby understood and agreed that reasonable expenses incurred and fees charged in respect of that survey are for the Insurer's account even though a claim may not subsequently result hereunder.
c Testing, Sorting an
d Segregation Clause
In the event of external signs of damage to the subject-matter insured, Underwriters agree to meet the reasonable costs incurred as a result of complying with surveyor’s instructions in respect of testing, sorting and segregating the subject-matter in order to ascertain any possible loss hereunder, including any surveyor’s fees and additional storage charges, all whether or not any actual damage is subsequently found with no claim resulting hereunder. Including the costs of transporting the subject-matter to or from
a test facility plus the costs of repacking and shipment to destination after
completion. Any such costs shall be paid in full without application of applicable policy deductible or excess.
d. Repacking costs
It is agreed that, in the event of the original shipping packages arriving at the final destination in a visibly damaged condition arising from a peril insured against, the costs of replacing such packages shall be for the account of the Insurer's in those instances where it is an established custom of the Insured’s and/or consignee's trade to deliver the goods to the final customer's premises in the original shipping package.
This agreement is subject to such costs being approved and agreed by the surveyor called in by the insured and/or consignee to inspect the damage goods.
23.Partial Loss Clause
Notwithstanding anything contained herein to the contrary, it is agreed that, in order to minimise possible loss or damage, arising from a pl a peril insured against, any loss hereunder shall, as far as practicable, be ascertained by a separation and a sale or appraisal (cost of which to become part of the claim) of the damaged portion only of the contents of the packages so damaged and not otherwise.
24.Subrogation Clause
A.It is agreed that upon payment of any loss, this company is subrogated to
all the rights of the Insured to the extent of such payment. Any written release or waiver of liability entered into by the Insured in the normal course of their business prior to loss hereunder shall not after this insurance or the right of the Insured to recover hereunder. The right of subrogation against the Insured’s subsidiary, affiliated, or associated corporation or companies, joint ventures, partnerships or any other corporations or companies associated with the Insured through ownership or management is waived.,
B.In the event of any payment under this policy, this Company shall be
subrogated to the extent of such payment to all the Insured’s rights of recovery therefore. The Insured shall execute all papers required an shall do anything that may be necessary to secure such right. The Company will act in concert with all other interests concerned, i.e., the Insured and any other Company(ies) participating in the payment of any loss as primary or excess insurers, in the exercise of such rights of recovery. If any amount is recovered after deducting the costs of recovery such amount shall be divided between the interests concerned in the proportion of their respective interests. If there should be no recovery, the expense of proceedings shall be borne proportionately by the interests instituting the proceedings.
25.Errors and Omissions Clause
Assured shall not be prejudiced by any unintentional delay or omission in the reporting hereunder or any unintentional error in the amount or description of the Interest, Vessel or Voyage, or if the subject matter of the Insurance be shipped by any other vessel, if notice by given to Underwriters as soon as practicable after said facts become known to the Assured and deficiency or premium, if any, made good.
26.Expediting Clause( US$ 2,500,000)
In the event of loss or damage to the property insured or any part thereof the cost of any repair replacement or rectification admitted under this Policy shall include the additional costs not exceeding 20% or US$ 2,500,000 of the adjusted claim (before application of excess) of overtime weekend and shift working bonus payments plant hire charges express delivery (including airfreight) and the like necessarily and reasonable incurred in expediting such repairs or rectification but excluding any such cost solely to expedite the completion of any construction execution or installation of property not lost or damage at a faster rate than would have been obtained if no such loss or damage.
27.Cargo ISM Endorsement including Cargo ISM Forwarding Charges Clause
Cargo ISM Endorsement (JC98/019 1 May 1998)
Applicable to shipments on board Ro-Ro passenger ferries.
Applicable with effect form 1 July 1998 to shipments on board:
1)passenger vessels transporting more than 12 passenger and
2)oil tankers, chemical tankers, gas carriers, bulk carriers, and cargo high
speed craft of 500 GT or more.
Applicable with effect from 1 July 2002 to shipment on board all other cargo ships and mobile offshore drilling units of 500 GT or more.
In no case shall this insurance cover loss, damage or expense where the subject matter insured is carried by a vessel that is not ISM Code certified or whose owners or operates do not hold an ISM Code Document of Compliance when, at the time of loading of the subject matter insured on board the vessel, the Assured were aware, or in the ordinary course of business should have been aware:
a)Either that such vessel was not certified in accordance with the ISM Code.
b)Or that a current Document of Compliance was not held by her owners or operators
As required under the SOLAS Convention 1974 as amended.
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.
Cargo ISM Forwarding Charges Clause
This insurance is extended to reimburse the Assured up to the limit of the sum insured for the voyage, for any extra charges properly and reasonably incurred in unloading, storing and forwarding the subject matter insured to the destination to which it is insured hereunder or to a substitute destination or until returned to the point of shipment all at the Assured’s election, following release of cargo from a vessel arrested or detained at or diverted to any other port of place (other than the intended port of destination) where the voyage is terminated due either
a) to such vessel not being certified in accordance with the ISM Code;
or
b) to a current Document of Compliance not being held by her owners or operators as required under the SOLAS Convention 1974 as amended.
28.Airfreight Replacement Clause
In the event of loss of or damage to any part or parts of an insured machine caused by a peril covered by the Policy the sum recoverable shall not exceed the cost of replacement or repair of such part or parts plus charges for forwarding and refitting, if incurred, but excluding duty unless the full duty is included in the amount insured. in which case loss, 1f any, sustained by payment of additional duty shall also be recoverable. Provided always that in no case shall the liability of Underwriters。