|
[Transit Clause]
1. This insurance attaches from the time the subject-matter insured leaves
the warehouse, premises 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, premises or place of
storage at the destination named in the policy
(b) to any other warehouse,, premises 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 30 days after unloading the subject-matter insured
from the aircraft at the final place of discharge, whichever shall firs
occur. This insurance shall remain in force (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 the air carriers under
the contract of carriage.
[Termination of Adventure Clause]
2. If owing to circumstances beyond the control of the Assured either the
contract of carriage is terminated at a place other than the destination
named therein or the adventure is otherwise terminated before delivery of
the subject matter incured 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 subject-matter is sold and delivered at such place or, unless
otherwise specially agreed, until thaw expiry of 30 days after completion
of unloading of the subject-matter hereby insured from the aircraft at
such place, whichever shall first occur, or
(ii) if the subject. matter is forwarded within the said period of 30 days
(or any agreed extension thereof) to the destination named in the policy
or to arty other destination, until terminated in accordance with the
provisions of Clause 1 above.
[Change of Transit Clause]
3. Held covered at a premium to be arranged in case of change of transit
or of any omission or error in the description of the Subject-matter
insured or of the transit.
[All Riske Clause]
4. This insurance is against all risks of loss of or damage to the
subject-matter insured but shall in no case be deemed to extend to cover
loss damage or expense proximately caused by delay or inherent vice or
nature of the subject-matter insured. Claims recoverable hereunder shall
be payable irrespective of percentage.
[Constructive Total Loss Clause]
5. 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.
[Bailee Clause]
6. 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]
7. This insurance shall not inure to the benefit of the carrier or other
bailee.
[F.C. & S. Clause]
8. Warranted free of capture, seizure, arrest, restraint, or detainment,
sad the consequences thereof or of any attempt thereat ; alto from the
consequences of hostilities or warlike operations, whether there be a
declaration of war or not ; but this warranty shall not exclude collision,
contact with any fixed, floating or airborne object (other than a mine,
torpedo or other warlike missile), heavy weather or fire unless caused
directly (and independently of the nature of the venture or service which
tile aircraft concerned or, in the cage of a cohesion, any other aircraft
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 an 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. 8 be deleted, the current Institute War Clauses
(Air) (excluding sendings by Post) shall be deemed to form part of this
insurance.
[Frustration & Confiscation Clause]
9. This policy is warranted free of any claim based upon loss of , or
frustration of , the insured voyage or adventure caused by arrests
restraints or detainment of Kings Princes Peoples Usurpers or persons
attempting to usurp power, and from any claim for loss damage or expense
arising from confiscation or nationalisation or requisition.
[F.S.R.&C.C. Clause]
10. 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.
[S.R. & C.C. Clause]
11. Should Clause No. 10 be deleted, this insurance covers loss of or
damage to t he subject-matter insured caused by strikers, locked-out
workmen, or persons taking part in labour disturbances, riots or civil
commotions, but warranted free of loss or damage proximately caused by
tile absence, shortage or withholding of power, fuel or labour of any
description whatsoever during any strike, lock-out, labour disturbance,
riot or civil commotion, or of any claim for expenses arising from delay.
[Reasonable Despatch Clause]
12. It is a condition of chic 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 is "held covered" under this insurance to give
prompt notice to Underwriters and the right to such cover it dependent
upon compliance with this obligation.
¡¡ |