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  • OCEAN MARINE CARGO INSURANCE CLAUSES
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     I. Scope of Cover

    This 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 therefor according to the Insured
    Condition specified in the Policy and the Provisions of these Clauses:

    1. Free From Particular Average (F.P.A)
    This insurance covers:

    (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 to the Company the
    damaged goods and all his rights and title pertaining thereto. The goods
    on each lighter to or from the seagoing vessel shall be deemed a separate
    risk.
    "Constructive Total Loss" refers to the loss where an actual total
    loss appears to be 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.

    (2) Total or Partial Loss caused by accidents ----- the carrying
    conveyance being grounded, stranded, sunk or in collision with floating
    ice or other objects as fire or explosion.

    (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, irrespective of whether the event or events took
    place before or after such accidents.

    (4) Partial or total loss consequent on falling of entire package or
    packages into sea during loading, transhipment or discharge.

    (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.

    (6) Losses attributable to discharge of the insured goods at a port of
    distress 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.

    (7) Sacrifice in and Contribution to Genera Average and Salvage
    Charges.

    (8) Such proportion of losses sustained by the shipowners as is to be
    reimbursed by the Cargo Owner under the Contract of Affreightment "Both to
    Blame Collision" clause.

    2. With Average (W.A.)
    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.

    3. All Risks
    Aside from the risks covered under the 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.

    II. Exclusions

    This 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.

    3. Loss or damage arising from the inferior quality or shortage of the
    insured goods prior to the attachment of this insurance.

    4. Loss or damage arising from normal loss, inherent vice or nature of
    the insured goods, loss of market and/or delay in transit and any expenses
    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.

    III. Commencement and Termination of Cover


    1. Warehouse to Warehouse Clause:

    This 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 transits and transit in lighter
    until the insured goods are delivered to the consignee''s final warehouse
    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. 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 be forwarded to a destination other than that
    named in the Policy, this insurance shall terminate at the commencement of
    such transit.

    2. If, owing to delay, deviation, forced discharge, reshipment or
    transhipment 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, 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 and shall terminate 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 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.

    (2) If the insured goods are to be forwarded to the final destination
    named in the Policy or any other destination, this insurance shall
    terminate in accordance with Section 1 above.

    IV. Duty of the Insured


    It 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 such failure prejudice the rights of the
    Company:

    1. The Insured shall take delivery of the insured goods in good time
    upon their arrival at the port of destination named in the Policy. In the
    event of any damage to the goods, the Insured shall immediately apply for
    survey to the survey and/or settling agent stipulated in the Policy. If
    the insured goods are found short in entire package or packages or to show
    apparent traces of damage, the Insured shall obtain from the carrier,
    bailee or other relevant authorities (Customs and Port Authorities etc.)
    certificate of loss or damage and/or shortlanded 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 of an extension of the time limit of
    validity of such claim.

    2. The Insured shall, and the Company may also, take reaconable
    measures immediately in salvaging the goods or prevention 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 of abandonment
    hereunder, or as an acceptance thereof.

    3. In case of a change of voyage or any omission or error in the
    description of the interest, the name of the vessel or voyage, this
    insurance shall remain in force only upon prompt notice to this 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 this Company:
    Original Policy, Bill of Lading. Invoice, Packing List, Tally Sheet,
    Weight Memo, Certificate of Loss or Damage and/or Shortland Memo, Survey
    Report, Statement of Claim.
    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 becomes known.

    V. The Time of Validity of a Claim

    The 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.

    MARINE CARGO TRANSPORTATION INSURANCE POLICY

    Invoice No. Policy No.
    This policy of Insurance witnesses that the Insurance Company
    (hereinafter called "The Company"), at the Request of ___________________
    (hereinafter called the "Insured") and in consideration of the agreed
    premium being paid to the company by the Insured, undertakes to insure the
    undermentioned goods in transportation subject to the conditions of this
    policy as per the Clauses printed overleaf and other special Clauses
    attached hereon.

    Marks & Nos.
    Quantity
    Description of Goods
    Amount Insured
    Total Amount Insured _________________
    Premium as arranged
    -----------
    Rate as arranged
    -----------
    Perconveyance S. S. __________
    Slg. on or abt.________ from ________ to ________
    Conditions ________
    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.
    ______ Insurance Company
    Claim payable at __________________
    Address of Issuing Office _________________
    BUSINESS DEPARTMENT 
    Our Contract Template Database is complied in accordance with laws of P.R.China.This English document is translated according to its Chinese version. In case of discrepancy, the original version in Chinese shall prevail. 
     

    关键词:,OCEAN MARINE CARGO INSURANCE CLAUSES,

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