ENGLISH中国人民保险公司海洋运输货物保险条款

OCEAN MARINE CARGO CLAUSES

(1/1/81)

I.SCOPE OF C OVER:

THIS INSURANCE IS CLASSIFIED INTO THE FOLLOWI NG THREE C ONDITI ONS—FREE FR OM PARTICU LAR AVERA GE (F.P.A.), WITH AVERAGE (W.A.)AN D ALL RISKS. WHERE THE GOODS INSURED HEREUN DER SUSTAIN L0SS OR DA MAGE, THE C OMPA NY SHALL U NDERTAKE TO I NDE MNI FY THEREFOR ACC ORD IN G TO THE I NSURED C ONDITI ON SPECI FIED I N THE P OLICY A ND THE PROVISIONS OF THESE CLAUSES:

1. FREE FROM PARTIC ULAR AVERA GE (F.P.A.)

THIS INSURANCE C OVERS:

1) TOTAL OR CONSTRUCTIVE TOTAL LOSS OF THE WHOLE C ONSI GN ME NT HEREBY INSURED CAUSED IN THE COU RSE OF TRANSIT BY NATURAL CALAMITIES—HEAVY WEATHER, LIGHTNIN G, TSUNA MI, EARTH QUAKE AND FL OOD. IN CASE A CONSTRUCTIVE TOTAL LOSS IS CLAI ME D FOR, THE INSU RED SHALL ABAND ON TO THE C OMPANY THE DA MAGED GOODS AND ALL HIS RIGHTS AND TITLE PERTAINING THERETO. THE GOODS ON EAC H LI GHTER TO OR FR OM THE SEAGOIN G VESSEL SHALL BE DEEME D A SEPA RATE RISK.

“CONSTRUCTIVE TOTAL LOSS”RE FERS TO THE LOSS WHERE AN ACTUAL TOTAL LOSS APPEARS TO BE UNAVOIDABLE OR THE COST T O BE INSURRED IN REC OVERIN G OR RECON DITIONI NG THE GOODS TOGETHER WITH THE FORWARDIN G C OST TO THE DESTINATION NA MED IN THE P OLICY WOULD EXCEED THEIR VALUE ON ARRIVAL.

2) TOTAL OR PARTIAL LOSS CAUSED BY ACCIDE NTS—THE CARRYIN G C ONVEYA NCE BEIN G GR OUN DED, STRANDED, SUNK OR I N C OLLISI ON WITH FLOATING ICE OR OTHER OBJECTS AS FIRE OR EXPLOSI ON.

3) PARTIAL LOSS OF THE INSU RED GOODS ATTRIBUTABLE TO HEAVY WEATHER, LIGHTNING AND/OR TSUNA MI, WHE RE THE C ONVEYA NCE HAS BEEN GR OUN DED, STRANDE D, SU NK OR BURNT, IRRESPECTIVE OF WHETHER THE EVENT OR EVENTS TOOK PLACE BEFORE OR AFTER SUC H ACCIDENTS.

4) PARTIAL OR TOTAL LOSS CONSE QU FNT ON FALLIN G OF ENTIRE PACKA GE OR PACKA GES INTO SEA DURI NG LOADI N G, TRANSHIP MENT OR DISCHA R GE.

5) REASONABLE COST I NCUR RED BY THE INSU RED I N SA L VA GIN G THE GOODS OR AVERTIN G OR MINI MI ZIN G A L OSS REC OVERABLE U NDER THE POLICY, P ROVI DED THAT SU CH C OST SHALL NOT EXCEED THE SUM INSURE D OF THE CONSIGN MENT SO SAVED.

6) LOSSES ATTRIBUTABLE TO DISCHA RGE OF THE I NSURED GOODS AT A PORT OF DISTRESS FOLL OWIN G A SEA PERIL AS WELL AS SPECIAL CHAR GES ARISIN G FR OM LOA DIN G, WAREHOUSIN G AND FORWAR DIN G OF THE GOODS AT AN INTERMEDI ATE PORT OF CALL OR REFUGE.

7) SACRIFICE IN AND C ONTRIBUTION TO GE NERAL AVERAGE AND SA L VA GE CHAR GES.

8) SUCH PROPORTION OF LOSSES SUSTAINED BY THE SHIPOWNERS AS IS TO BE REIMBURSED BY THE CARGO OWNER UN DER THE CONTRACT OF AFFREI GHT MENT "BOTH TO BLAME C OLLISI ON” CLAUSE.

2. WI TH AVERAGE (W.A.)

ASIDE FROM THE RISKS C OVERED U NDER F.R.A C ONDITI ON AS ABOVE, THIS INSURANCE ALSO COVERS PARTIAL LOSSES OF THE INSURED GOODS CAUSED BY HE AVY WEATHER, LIGHTNIN G, TSUNA MI, EARTH QUAKE AND/OR FL OOD.

3. ALL RISKS

ASIDE FROM THE RISKS COVERED U NDER THE F.P.A AND W.A CON DITIONS AS ABOVE, THIS INSURAN CE ALSO C OVERS ALL RISKS OF LOS S OF OR DA MAGE TO THE INSU RED GOODS WHETHER PARTIAL OR TOTAL, ARISING FROM EXTERNAL CAUSES IN THE COURSE OF TRANSIT.

II.EXCLUSIONS

THIS INSURANCE DOES N OT C OVER:

1. LOSS OR DA MAGE CAUSED BY THE INTENTIONAL ACT OR FAUL T OF THE INSU RED.

2. LOSS OR DA MAGE FALLI NG UNDE R THE LIABILITY OF THE CONSIGNOR.

3. LOSS OR DA MAGE ARISIN G FR OM THE INFERI OR QUALITY OR SH ORTAGE OF THE INS URED GOODS PRIOR TO THE ATTACHMENT OF THIS INSU RAN CE.

4. LOSS OR DA MA GE ARISI NG FR OM N OR MAL L OSS, IN HERENT VICE OR NATURE OF THE INSURED GOODS, L OSS OF MA RKET AND /OR DELAY IN TRANSIT AND ANY EXPENSES ARISING THEREFROM.

5. RISKS AND LIABILITIES COVERED AND EXCLU DED BY THE OCEAN MA RINE CAR GO WAR RISKS CLAUSES AND STRIKE, RI OT AND CIVIL COMMOTI ON CLAUSES OF THIS C OMPA NY.

https://www.360docs.net/doc/cd11546453.html,MEN CE MEN T A ND T E R MIN AT I ON OF C OVER:

1. WAREHOUSE TO WAREHOUSE CLAUSE.

THIS INSURANCE ATTACHES FROM THE TIME THE GOODS HEREBY I NSURED LEAVE THE WAREH OUSE OR PLACE OF STORA GE NA ME D IN THE P OLICY FO R THE C OMME NCE MENT OF THE TRANSIT AND CONTINUES I N FORCE IN THE ORDINARY COURSE OF TRANSIT INCLU DIN G SEA, LAND A ND INLA ND WATERWAY TRANSITS AND TRANSIT IN LIGHTER U NT IL THE INSURED GOODS ARE DELIVERE D TO THE CONSIGNEE’S FINAL WAREH OUSE OR PLA CE OF STORAGE AT THE DESTINATION NA MED I N THE POLICY OR TO ANY OTHER PLACE USED BY THE INSU RED FOR ALL OCATI ON OR DISTRIBUTION OF THE GOODS OR FOR STORA GE OTHER THAN IN THE ORDINARY COU RSE OF TRANSIT. THIS INSURANCE SHAL L, HOWEVER, BE LIMITED TO SIXTY(60)DAYS A FTER C OMPLETION OF DISCHAR GE OF THE I NSURED GOODS FR OM THE SEAGOIN G VESSEL AT THE FINAL P ORT OF DISCHA RGE BEFORE THEY REACH THE ABOVE MENTI ONED WAREH OUSE OR PLACE OF STORA GE. IF P RIOR TO THE EXPIRY OF THE ABOVE MENTI ONED SIXTY(60) DAYS, THE INSURED GOODS ARE TO BE FORWARDED TO A DESTINATION OTHER THAN THAT NAMED I N THE POLICY, THIS INSU RANCE SHALL TER MIN ATE AT THE COMMEN CE MENT OF S UCH TRANSIT.

2. IF, OWING TO DEL AY, DEVI ATION, FORCED DISCHA RGE,RESHIP MENT OR TRANSHIP ME NT BEYOND THE CONTROL OF THE INSURE D OR ANY CHA N GE OR TER MI NATION OF THE VOYA GE ARISIN G FR OM THE EXERCISE A LIBERTY GRANTED TO THE SHIP OWNERS U NDER THE C ONTRACT OF AFFREIGHTME NT, THE INSURED GOODS A RRIVE AT A PORT OR PLACE OTHER THAN THAT NAMED I N THE POLI CY, SUBJECT TO I MMEDIATE N OTICE BEIN G GIVE N TO THE C OMPANY BY THE INSU RED AN D AN AD D ITIONAL PRE MI U M BEIN G PAID,IF REQUI RED, THIS INSURANCE SHALL RE MAIN IN FORCE AND SHALL TER MINATE AS HEREUN DER:

1）IF THE INSURED GOODS ARE S OLD AT PORT OR PLACE N OT NAME D IN THE POLI CY, THIS INSURANCE S HALL TERMIN ATE ON DELIVERY OF THE GOO DS SOLD, BUT IN NO EVENT SHALL THIS INSURANCE EXTEND BEYON D SIXTY (60)D AYS AFTER COMPLETION OF DISC HAR GE OF THE INSURED GOODS FROM THE CAR RYIN G VESSEL AT SUCH PORT OR PLACE.

2）IF THE INSURED GOODS ARE TO BE FORWARDED TO THE FINAL DESTINATION NAME D IN THE POLICY OR ANY OTHER DESTINATION, THIS INSURANCE SHALL TERMINATE IN ACCOR DANCE WITH SECTION 1. ABOVE.

IV.DUT Y OF THE INSU RED:

I T IS THE DUTY OF THE INSURED TO ATTEND TO ALL MATTERS AS SPECIFIED HERE UNDER, FAILIN G WHIC H THE COMPANY RESERVES THE RI GHT T O REJECT HIS CLAI M FOR ANY LOSS I F AND WHEN SUC H FAILURE P REJUDICE THE RI GHTS OF THE COMPANY:

1. THE INSURED SHALL TAKE DELIVERY OF THE INSURED GOODS IN GOOD TIME UPON THEIR ARRIVAL AT THE PORT OF DESTIN ATION NAMED IN THE POLICY. IN THE EVENT OF ANY DAMA GE TO THE GOODS, THE INSURED SHALL IMMEDI ATEL Y APPL Y FOR SURVEY TO THE SURVEY AND /OR SETTLING AGENT STIPULATED IN THE POLICY. IF THE INSURED GOODS ARE FOU ND SH ORT IN E NTIRE PACKA GE OR PACKA GES OR TO SH OW APPARENT TRACES OF DA MA GE, THE INSURE D SHALL OBTAIN F ROM THE CARRIER,BAILEE OR OTHER RELEVA NT AUTHORITIES (C USTOMS AND P ORT AUTHORITIES ETC)CERTIFICATE OF L OSS OR DA MA GE AND/OR SH ORTLANDED ME MO. SHOULD THE CAR RIER, BAI LEE OR THE OTHER RELEVA NT AUTHORITIES BE RESPONSIBLE FOR SUCH SHORTAGE OR DA MAGE, THE INS U RED SHALL L OD GE A CLAI M WITH THEM IN WRITIN G AND, I F NECESSARY, OBTAIN THEIR CONFIR MATION OF AN EXTENSION OF THE TIME LI MIT OF VALIDITY OF SUC H CLAI M.

2. THE INSURED SHALL AND THE COMPANY MAY ALSO, TAKE REASONABLE MEASURES I MMEDIATEL Y IN SAL VA GIN G THE GOODS OR PREVENTING OR MI NI MIZI NG A LOSS OR DA MA GE THERETO. THE MEASURES SO TAKEN BY THE INSURED OR BY THE COMPA NY SHALL NOT BE CONSIDERED RESPECTIVEL Y, AS A WAIVER OF ABAND O N MENT HEREUN DER, OR AS AN ACCEPTANCE THEREOF.

3. IN CASE OF A CHANGE OF VOYAGE OR ANY OMISSI ON OR ERR OR I N THE DESCRIPTION OF THIS INTEREST, THE NAME OF THE VESSEL OR V OYA GE, THIS INSU RANCE SHALL RE MAI N IN FOR CE ONL Y UP ON PR OMPT N OTICE TO THIS COMPA NY WHEN THE INSURED BE COMES AWARE OF THE SA ME AND PAY MENT OF AN ADDITI ONAL PRE MIU M I F RE QUIRE D.

4. THE FOLL OWIN G D OCU MENTS SH OULD AC COMPANY ANY CLAI M HEREU NDER MA DE AGAINST THE COMPANY :

ORIGINAL POLICY, BILL OF LADING, INVOICE, PACKING LIST, TALLY SHEET, WEIGHT MEMO, CERTIFICATE OF LOSS OR DAMAGE AND/OR SHORTL AND MEMO, SURVEY REPORT, STATEMENT OF CLAIM.IF ANY THIRD PARTY IS INVOLVED, DOCUMENTS RELATIVE TO PURSUING OF RECOVERY FROM SU CH PARTY SHOULD ALSO BE I NCLU DED.

5. IMMEDI ATE NOTICE S HOULD BE GIVEN T O THE C OMPANY WHEN THE CARGO OWNE R’S ACTUAL RESPONSIBILITY U NDER THE CONTRACT O F AFFREI GHTME NT "B OTH TO BLA ME COLLISI ON" CLAUSE BEC OMES KN OWN.

V.T HE T I ME OF VA LIDI T Y OF A CLAI M:

THE TIME OF VALIDITY OF A CLAI M UN DER THIS INSURA NCE SHALL N OT EXCEED A PERIOD OF TWO YEARS COUNTIN G FR OM THE TI ME OF C OMPLET ION OF DISCHAR GE OF THE INS URED GOODS FR OM THE SEAGOIN G VESSEL AT THE FINAL PORT OF DISC HAR GE.

OCEAN MARINE CARGO WAR RISK CLAUSES

(1/1/81) I.SCOPE OF C OVER:

THIS INSURANCE COVERS:

1. LOSS OF OR DA MA GE TO THE INSURED GOODS CAUSED DI RECTL Y BY OR CONSEQUENT UPON WAR, WARLI KE OPERATIONS, H OSTILE ACTS, ARMED C ONFLI CTS OR PIRA CY.

2. LOSS OR DA MAGE CAUSED BY CAPTURE, SEIZU RE, ARREST, RESTRAINT OR DETAIN MENT ARISIN G FR OM THE EVENTS IN SECTION I. 1. ABOVE.

3. LOSS OR DA MAGE CAUSED BY C ONVENTIONAL WEAPONS OF WAR IN CLUDI NG MI NES, TORPED OES AND BOMBS.

4. SACRIFICE IN AND CONTRIBUTION TO GENERAL AVERA GE AND SALVAGE C HAR GES ARISING FR OM THE RISKS COVE RED HEREU NDER.

II.EXCLUSIONS:

THIS INSURANCE DOES N OT C OVER:

1. LOSS, DAMAGE OR EXPENSES ARISIN G FROM ANY H OSTILE USE OF ATOMIC OR NUCLEAR WEAP ONS OF WAR.

2. ANY CLAIM BASED UP ON L OSS OF, OR FR USTRATION OF, THE INSU RED V OYA GE CAUSED BY AR REST, RESTRAINT OR DETAIN MENT BY ANY EXEC UTIVE AUTHOPITIES, AUTHOPITIES IN POWER OR ANY OTHER AR MED GR OUPS.

https://www.360docs.net/doc/cd11546453.html,MEN CE MEN T A ND T E R MIN AT I ON:

1. THIS INSURANCE SHALL ATTACH FR OM THE TIME THE INSURED GOODS ARE L OADED ON THE SEAGOI NG VESSEL OR LI GHTER AT THE PORT OF S HIP MENT NAME D IN THE POLICY UNTIL DISCHAR GED OVERSIDE FR OM THE SEAGOIN G VESSEL OR LIGHTER AT THE P ORT OF DESTINATION NA MED IN THE POLI CY. IF THE I NSURED GOODS ARE N OT DISC HAR GED THEREFROM, THE LONGEST DU RATION AT THE PORT OF DISCHAR GE SHALL BE LI MITED TO FIFTEEN(15) D AYS C OUNTIN G FROM MIDN IGHT OF THE D AY OF THE VESSEL’S ARRIVAL AT SUCH PORT ANCHORI N G, MOORIN G OR SECUR IN G AT A BER TH OR PLACE WITHIN THE HARBOUR 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 ANCHORI NG, MOORI NG OR SE CURIN G EITHER AT OR OFF THE INTENDED P ORT OR AT OR NEAR THE PLACE OF DISCHAR GE.

2. IN CASE OF TRANSHIP MENT AT AN INTER MEDIATE PORT REGARDLESS OF WHETHER OF N OT THE INSURED GOODS ARE U NLOA DED, THE L ON GEST DURATION OF THIS INSU RANCE AT SUCH PORT OF TRANSHIP MENT SHALL BE LIMITED TO FIFTEEN (15) DAYS C OUNTIN G FR OM MIDNI GHT OF THE DAY OF THE VESSELS' ARRIVAL AT SUCH PORT OR PLACE OF DISCHAR GE. HOWEVER, THIS INSURA NCE SHALL REATTACH W HEN THE INSURED GOODS ARE LOADE D ON THE ON CARRYIN G SEAGOIN G VESSEL.

3. IF THE CONTRACT OF A FFREI GHT MENT IS TER MIN ATED AT A PORT OR PLA CE OTHER THAN THE DESTINATION NA MED I N THE P OLICY, S UCH PORT OR PLACE SHALL BE DEE MED THE DESTINATION UN DER THE POLI CY AND THIS INSURA NCE SHALL TER MINATE ACC ORDI NG T O SECTION III. 1 ABOVE. IF THE INSURED GOODS ARE TO BE RESHIPPED TO THE ORIGI NAL OR ANY OTHER DESTINATION, THIS INSURAN CE SHALL REATTACH WHE N THE GOODS ARE L OADED ON THE ONCAR RYING VESSEL PR OVIDED N OTICE IS GIV EN TO THE C OMPANY AN D AN ADDITIONAL PRE MIU M IS PAID PRI OR TO THE C OMMEN CE MENT OF S UCH FURTHER TRANSIT.

4. THIS INSURANCE SHALL RE MAIN I N FOR CE DU RIN G ANY DEVIATION, CHAN GE OF VOYAGE, VARIATI ON OF ADVENTURE ARISI NG FR OM THE EXERCISE OF A LIBERTY GRANTED TO THE SHIPOWNERS UNDER THE CONTRACT OF AFFREIGHTME NT SUBJECT TO IMMEDI ATE NOTICE TO THE COMPANY AND PAY MENT OF A N ADDITI ONAL PRE MIU M, WHEN SU CH EVENT C OMES TO THE KNOWLED GE OF THE INSURED.

NOT E :

THESE CLAUSES ARE THE CLAUSES OF AN ADDITIONAL INSURA NCE TO THE OCEAN MARI NE CAR GO INS URANCE OF THE C OMPA NY. IN CASE OF CONF LI CT BETWEEN ANY CLAUSES OF THESE CLAUSES AND THE OCEAN MARINE CA RGO C LAUSES, THESE CLAUSES SHALL PREVAIL.