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1.This insurance covers
1.1 the risks excluded by the following clauses
"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 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
the aircraft concerned or, in the case of a collision, 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 in association with a power.
Further warranted free from the consequences of civil war,
revolution, rebellion, insurrection, 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
engines of war.
2.This insurance excludes
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 Institute
Air Cargo Clauses (All Risks) 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 expenses
arising from delay.
3. Claims recoverable shall be payable irrespective of percentage.
4. This insurance
4.1 attaches only as the interest insured
and as to any part as that part is loaded on the aircraft for the
commencement of the air transit insured and
4.2 terminates, subject to 4.5 and 4.6 below,
either as the interest and as to any part as that part is discharged
from the aircraft at the final place of discharge or on
expiry of 15 days counting from midnight of the day of arrival of
the aircraft at the final place of discharge, whichever shall first
occur; nevertheless, subject to prompt notice to the Underwriters
and the payment of an additional premium, such insurance
4.3 reattaches when, without having discharged
the interest at the final place of discharge, the
aircraft departs therefrom, and
4.4 terminates, subject to 4.5 and 4.6 below,
either as the interest and as to any part as that part is thereafter
discharged from the aircraft at the final (or substituted) place
of discharge,
or
on
expiry of 15 days counting from midnight of the day of re-arrival
of the aircraft at the final place of discharge or arrival of the
aircraft at a substituted place of discharge, whichever shall first
occur.
4.5 If
during the insured voyage the aircraft arrives at an intermediate
place to discharge the interest
for on-carriage by the same or another aircraft or an oversea vessel,
such insurance terminates on expiry of 15 days counting from
midnight of the day of arrival of the aircraft at that place, but
reattaches as the interest and as to any part as that part is loaded
on the on-carrying aircraft
or oversee vessel. During the period of 15 days such insurance remains
in force after discharge only whilst the interest and as to any
part as that part is at such intermediate place of discharge. If
the insurance reattaches, it thereafter terminates in accordance
with 4.2 , unless the interest insured is forwarded on an oversee
vessel when the relevant current Institute War Clauses shall apply
from the reattachment of the insurance.
4.6 If
the air transit in the contract of carriage is terminated at a place
other than the destination agreed therein, that place shall be deemed
to be the final place of discharge and such insurance terminates
in accordance with 4.2 . If the interest is subsequently consigned
to the original or any other destination, then, provided notice
is given to the Underwriters before the commencement of such further
transit and subject to the payment of 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 reloaded on the on-carrying aircraft
for the transit ;
4.6.2 in
the cage of the interest not having been discharged when the aircraft
departs from such deemed final place of discharge;
thereafter
such insurance terminates in accordance with 4.4
(For the purpose
of Clause 4
"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)
5. Anything contained in this
contract which is inconsistent with Clauses 2.1, 2.2 or 4 shall,
to the extent of such
inconsistency, be null and void
6. Subject to prompt notice
to the Underwriters and the payment of an additional premium, the
interest is held covered within the provisions of these clauses
in the case of
6.1 change
of or deviation from the voyage
6.2 variation
of the adventure by reason of the exercise of any liberty granted
to the air carrier under the contract of carriage.
7. It is a condition of this
insurance that the Assured shall act with reasonable despatch in
all circumstances within their control.
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