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1. This insurance covert
1.1 the risks excluded from the Standard Form of English Marine Policy by
she clause "Warranted free of capture, seizure, arrest, restraint or
detainment, and the consequences thereof or of any exempt thereat; also
from the consequences of hostilities or warlike operations, whether there
bea declaration of war or not; but this warranty shall not exclude
collision, contact with any fixed or floating object (other than 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 vassal 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 force in association with a power.
Further warranted free from the consequences of civil war, revolution,
rebellion, insurrections or civil strife arising therefrom, or
piracy."
1.2 loss of or damage to the interest insured caused by
1.2.1 hostilities, warlike operations, civil war, revolution, rebellion,
insurrection or civil strife arising therefrom
1.2.2 mines, torpedoes, bombs or other vagina of war
1.3 general average and salvage charges incurred for the purpose of
avoiding, or in connection with the avoidance of , loss by a peril insured
against by these clauses. General average and salvage charges payable
according io Foreign Statement or to York-Antwerp Rules if in accordance
with the contract of affreightment.
2. This insurance exclude
2.1 any claim based upon loss of , or frustration of , the insured voyage
or adventure caused by arrests restraints or detainments of Kings Princes
Peoples Usurpers or persons attempting to usurp power
2.2 loss damage or expense arising from any hostile use of any weapon of
war employing atomic or nuclear fission and/or fusion or other like
reaction or radio-active force or matter
2.3 loss or damage covered by the Standard Form of English Marine Policy
with the Free of Capture etc. Clause (as quoted in 1.1 above) inserted
therein
2.4 loss or damage proximately caused by delay inherent-vice or loss of
market* or any claim for expense arising from delay except such expenses
as would be recoverable in principle in English law and practice under
York-Antwerp Rules
3. Claims recoverable shall be payable irrespective of percentage.
4. This insurance, except for the risks of mines and derelict
torpedoes, floating or submerged, referred to in Clause 5 below,
4.1 attaches only as the interest insured and as to any part asthma pan is
loaded on an oversee vessel and
4.2 terminates, subject to 4.S and 4.6 below, either as the interest and
as to any pan as that part is discharged from an oversee vessel at the
final port or place of discharge, or On expiry of IS days counting from
midnight of the day of arrival of she vessel a[ the final port or place of
discharge, whichever shall first occur; nevertheless, subject to primp!
notice to rho Underwriters and to an additional premium, such insurance
4.3 reattaches when, without having discharged the interest at the final
port or place of discharge, the vessel sails therefrom, and
4.4 terminates, subject to 4.S and 4.6 below, either as the interest and
as to any part as that part is thereafter discharged from the vessel at
the final (or substituted) port or place of discharge, or on expiry of IS
days counting from midnight of the day of re-arrival of the vessel at the
final port or place of discharge or arrival of the vessel at a substituted
port or place of discharge, whichever shall first occur.
4.5 If during the insured voyage the oversee vessel arrives at an
intermediate port or place to discharge the interest for on-carriage by
another oversee vessel, such insurance terminates on expiry of 15 days
counting from midnight of the day of arrival of the vessel at the
intermediate port or place, but reattaches as the interest and as to any
part as that pan is loaded on the on-carrying oversee vessel. During the
period of IS days such insurance remains in force after discharge only
whilst she interest and as to any part as that part is at such
intermediate port or place of discharge. If the insurance reattaches, it
thereafter terminates in accordance with 4.2.
4.6 If the voyage in the contract of carriage is terminated at a port or
place other than the destination agreed therein, such port or place shall
be deemed the final port of discharge and such insurance terminates in
accordance with 4.2. If the interest is subsequently reshipped to the
original or any other destination, then, provided notice is given lo the
Underwriters before the commencement of such further transit and subject
to an additional premium, such insurance reattaches
4.6.1 in the case of the interest having been discharged, as the interest
and as to any part as that part is loaded on the on-carrying oversaw
vessel for the voyage;
4.6.2 in the case of the interest not having been discharged, when the
vessel sails from such deemed final port of discharge; thereafter such
insurance terminates in accordance with 4.4. (For the purpose of Clause 4
"arrival" shall be deemed to mean that the vessel is anchored,
moored or otherwise secured at a berth or place within the Harbour
Authority area. If such a berth or place is not available, arrival is
deemed to have occurred when the vessel first anchors, moors or otherwise
secures either at or off the intended port or place of discharge)73
5. The insurance against the risks of mines and derelict torpedoes,
floating or submerged,
5.1 attaches as the interest and as to any part as that part is first
loaded on vessel or craft after such interest leaves the warehouse ar
place of storage at the place named in the insurance for the commencement
of the transit and
5.2 terminates either
5.2.1 as the interest and as io any part as that part is discharged
finally from vessel or craft prior so delivery to the warehouse or place
of storage at the destination named in the insurance. or at a substituted
destination in the event of a change of voyage agreed to by the
Underwriters, or,
5.2.2 when, before the interest is discharged finally from vessel or craft
prior to delivery to the warehouse or place of storage at the destination
named in the insurance, or at a substituted destination in the event of a
change of voyage agreed to by the Underwriters, the voyage or transit in
the contract of carriage is terminated at a port or place other than the
destination agreed therein; nevertheless, subject to prompt notice to the
Underwriters and lo an additional premium if required, such insurance
heartache%, and thereafter terminates either
5.2.2.1 as the interest and as to any part as that part is discharged from
vessel or craft prior to sale and delivery at such port or place or,
5.2.2.2 unless otherwise specially agreed by the Underwriters, on the
expiry of 60 days whilst afloat after completion of discharge overside of
the interest from an oversee vessel at such port or place, whichever shall
first occur. If the interest is forwarded within the 60 days (or any
agreed extension thereof to the destination named in the insurance or to
any other destination, then, subject to prompt notice to the Underwriters
and lo an additional premium, such insurance remains in force until
terminated as the interest and as to any part as that part is discharged
finally from vessel or craft prior to delivery to the warehouse or place
of storage at the destination named in the insurance, or at a substituted
destination in the event of a change of voyage agreed to by the
Underwriters. (For the purpose of Clause 4 and Clause 5 "oversee
vessel" shall be deemed to mean a vessel carrying the interest from
one port or place to another where such voyage involves a sea passage by
that vessel)
6. Anything contained in the contract which is inconsistent with
Clauses 2.1, 2.2, 4 or S shall, to the extent of such inconsistency, be
null and void.
7. Subject lo prompt notice lo the Underwriters and lo an additional
premium, the interest is held covered within the provisions of these
clauses in the case of
7.1 change of or deviation from the voyage
7.2 variation of the adventure by reason of the exercise of any liberty
granted to the shipowner or chatterer under the contract of affreightment.
8. It is a condition of this, insurance that the Assured shall act with
resonable despatch in all circumstances within their control.
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