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[Transit Clause (in-corporating Warehouse to Warehouse
Clause.)] 1. This insurance attaches from the time the goods leave the
warehouse or place of storage at the place named in the policy for the
commencement of the transit, continues during the ordinary course of
transit and terminates either on delivery
(a) to the Consignees' or other final warehouse or place of storage at the
destination named in the policy,
(b) to any other warehouse or place of storage, whether prior to or at the
destination named in the policy, which the Assured elect to use either
(i) for storage other than in the ordinary course of transit or
(ii) for allocation or distribution, or
(c) on the expiry of 60 days after completion of discharge over side of
the goods hereby insured from the oversee vessel at the final port of
discharge, whichever shall first occur. If, after discharge over side from
the oversee vessel at the final port of discharge, 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. This insurance shall remain in forge (subject to termination
as provided for above and to the provisions of Clause 2 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, but shall in no case be deemed to
extend to cover lose damage or expense proximately caused by delay or
inherent vice or nature of the subject matter insured.
[Termination of Adventure Clause.]
2. If owing to circumstances beyond the control of the Assured either the
contract of affreightment is terminated at a port or place other than the
destination named therein or the adventure is otherwise terminated before
delivery of the goods as provided for in Clause 1 above, then, subject to
prompt notice being given to Underwriters and to an additional premium if
required, this insurance shall remain in force until either
(i) the goods are sold arid delivered at such port or place, or, unless
otherwise specially agreed. Until the expiry of 60 day0 after completion
of discharge over side of the goods hereby insured from the oversea vessel
at such port or place, whichever shall first occur, or
(ii) if the goods are forwarded within the said period of 60 days(or any
agreed extension thereof)to the destination named in the policy or to any
other destination, until terminated in accordance with the provisions of
Clause 1 above.
[Craft, & c. Clause]
3. Including transit by craft raft or lighter to or from the vessel. Earth
craft raft or lighter to be deemed a separate insurance. The Assured are
not to be prejudiced by any agreement exempting lighter men from
liability.
[Change of Voyage Clause]
4. Held covered at a premium to be arranged in case of change of voyage or
of any omission or error in the description of the interest vessel or
voyage.
[F.P.A. Clause]
5. Warranted free form Particular Average unless the vessel or craft be
stranded , sunk, or burnt, but notwithstanding this warranty the
Underwriters are to pay the insured value of any package or packages which
may be totally lost in loading, transhipment or discharge, also for any
loss of or damage to the interest insured which may reasonably be
attributed to fired, explosion, collision or contact of the vessel and/or
craft and/or conveyance with any external substance(ice included )other
than water, or to discharge of cargo at a port of distress, also to pay
special charges for landing warehousing and forwarding if incurred at an
intermediate port of call or refuge, for which Underwriters would be
liable under the standard form of English Marine Policy with th e
Institute Cargo Clauses (W.A.)attached. This Clause shall operate during
the whole period covered by the policy.
[Constructive Total Loss Clause]
6. No claim for Constructive Total Loss shall e recoverable hereunder
unless the goods are reasonably abandoned either on account of their
actual total loss appearing to be unavoidable or because the cost of
recovering, reconditioning and forwarding the goods to the destination to
which they are insured would exceed their value on arrival.
[G.A. Clause]
7. General Average and Salvage Charges payable according to Foreign
Statement or to York-Antwerp Rules if in accordance with the contract of
affreightment.
[Seaworthiness Admitted Clause]
8. The seaworthiness of the vessel as between the Assured and Underwriters
is hereby admitted. In the event of loss the Assured's right of recovery
hereunder shall not be prejudiced by the fact that the loss may have been
attributable to the wrongful act or misconduct of the shipowners or their
servants, committed without the privity of the Assured.
[Bailee Clause]
9. It is the duty of the Assured and their Agents, in all cases, to take
such measures as may be reasonable for the purpose of averting or
minimising a loss and to ensure that all rights against carriers, bailees
or other third parties are properly preserved and exercised.
[Not to Inure Clause]
10. This insurance shall not inure to the benefit of the carrier or other
bailee.
["Both to Blame Collision" Clause]
11. 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 under the 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 such claim.
[F.C. & S. Clause]
12. Warranted free of capture, seizure, arrest, restraint or detainment,
and the consequences thereof or of any attempt thereat; also from the
consequences of hostilities or warlike operations, whether there be a
declaration or war or not; but this warranty shall not exclude collision,
contact with any fixed or floating object (other then a mine or torpedo),
stranding, heavy weather or fire unless caused directly (and independently
of the nature of the voyage or service which the vessel concerned or, in
the case of a collision, any other vessel involved therein, is performing)
by a hostile act by or against a belligerent power; and for the purpose of
this warranty "power" includes any authority maintaining naval,
military or air forces in association with a power. Further warranted free
from the consequences of civil war, revolution, rebellion, insurrection,
or civil strife arising therefrom, or piracy. Should Clause No. 12 be
deleted, the relevant current Institute War Clauses shall be deemed to
form part of this Insurance.
[F.S.R. & C. O Clause.]
13. Warranted free of loss or damage
(a) caused by strikers, locked-out workmen, or persons taking part in
labour disturbances, riots or civil commotions ;
(b) resulting from strikes, lock-outs, labour disturbances, riots or civil
commotions. Should Clause No. 13 be deleted, the relevant current
Institute Strikes Riots and Civil Commotions Clauses shall be deemed to
form part of this Insurance.
[Reasonable Despatch Clause.]
14. It is a condition of this Insurance that the Assured shall act with
reasonable despatch in all circumstances within their control
NOTE. - It is necessary for the Assured when they become aware of an
event which it "held covered" under this insurance to give
Prompt notice to Underwriters and the right to such cover is dependent
upon compliance with this obligation.
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