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RUBBER CLAUSES |
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| [Transit Clause] 1. This insurance attaches from the time
the goofs kava the warehouse or place of storage at the port of shipment
named in the policy for the commencement of the transit and continues
during the ordinal course of transit until the goods are delivered to a
warehouse or place or storage at the port of `destination named in the
policy and, provided it is not a manufacturer's warehouse or place of
storage, whist there for a period of not exceeding 30 days. If the goods
are to be forwarded to a place outside the limits of the said port of
destination the insurance continues until the goods are loaded on to a
vessel, craft or conveyance or until the expiry of 30 days from midnight
of the day on which the discharge overside of the insured goods from the
oversaw vessel at the said port of destination is completed, whichever
shall first occur. Where required, the Assured, by giving notice to
Underwriters before the insurance ceases, may obtain so extension to cover
to goods beyond the above limits at a premium to be arranged. 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 shipowners or charterers under the
contract of affreightment.
[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 nomad therein or-the adventure is otherwise terminated before delivery of the goods a provided for in Clause 1 above, then, subject to prompt notice being given to Underwriters and to an additional premium required, this insurance shall remain in force until either (i) the goods are sold and delivered at such port or place, or, unless otherwise specially agreed, until the expiry of 60 dan after completion of discharge overside of the goods hereby insured from the oversea veal at such port or place, whichever shall first occur, or (ii) if the goods an forwards within the said period of 60 days (or any agreed pension thereof) to the part of destination nomad in the pally on to my other port of destination, until terminated in accordance with the provisions of Clause 1 above. [Arbitration Clause] 3. Including transit by craft raft or lighter to or from the vessel. Each craft raft or lighter to be deemed a separate insurance. The Assured are not to be prejudiced by any agreement exempting lightermen from liability. [Craft, & c.,Clause] 4. Held covered at a premium to be arranged in cave of change of voyage or of any omission or error in the description or the interest vessel or voyage. [Average Clause] 5. This insurance pays average and alto coven the risks of theft and/or pilferage, non-non-delivery of m entire package, explosion, fresh smear, condensation of ,hip's hold, hooks, spilling or leakage of any substance or squid, dummy by other cargo (excluding rubber) and damage by moisture from wet or damp dunnage, but there shall be no liability hereunder for loss of or damage to the goods by mould or mildew unless arising from actual contact of the pa,,package,, during the transit covered under this insurance, with:-sea-water, fresh neater, condensation of ship's hold. spillings or leakage of any substance or liquid, or moisture from sat or damp dunnage. This insurance shall in no case be deemed to attend to cove lou, danny or expense proximately tamed by clay or inherent via or nature of the subject matter insured. Claims recoverable hereunder shall be payable irrespective of percentage. [Constructive Total Loss Clause] 6. In the event of a dispute between Assured and Underwriters' Surveyors as to the extent of the depreciation to be allowed on damaged rubber, samples shall be drawn by recognised samplers rad forwarded together with the Survey Report to the Robber Trade Association of London whose award shall be final and binding on all parts no far at `concerns the extent of depreciation. [Constructive Total Loss Clause] 7. No claim for Constructive Total Loss shall be 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] 8. General Averse and Salvage Charges payable according to Farad Statement or to York-Antwerp Rule if in accordance with the contract of affreightment. [Seaworthiness Admitted Clause] 9. The sea worthiness of (ow vessel as between the Assured and Underwriters h hereby admitted. In the event of loss the Assured's right of recovery hereunder shall not be prejudiced by the fact that the lou may have been attributable to the wrongful act or misconduct of the shipowners or their servants, committed without the privity of the Assured. [Bailce Clause] 10. It is the duty of the Assured and their Agents in all cant, to take such measures As may be reasonable far the purpose or averting or minimising a lou and to ensure that all rights against carters, bailees or other third parties an properly preserved and exercised. [Not to Inure Clause] 11. This insurer shall not inure to the benefit of the carrier or other bailee ["Both to Blame Collision Clause] 12. This insurance h extended to indemnify the Assured amidst such proportion of liability under the contract of affreightment "Both to Bleary 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] 13. 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 theta be a declaration of war or not; but this warranty shall not exclude cohesion, 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 vessel involved therein, is performing) by a hostile act by or against a belligerent power; and for the purpose of this, warranty "power" include any authority maintaining naval, military or air forces io association with a pointer. Further warranted fib from the consequences of civil war, revolution, rebellion, insurrection, or civil strife arising therefrom, or piracy. Should Clause No. 13 be ad the current Institute War Clauses (Rubber Trade) shall be deemed to form part of this insurance. [F.R.S. & C.C. Clause] 14. Warranted free of loss or damage (a) caused by strikers, locked-out workmen, or persona taking part a labour disturbing riots on chill commotions; (b) resulting from strikes lock-outs, labour disturbances, riots or civil commotions. Should Clause No. 14 be darted, the current Institute Strikes Riots cod Civil Commotions Chorea (Rubber Thee) shall be doomed to form part d this insurance. [Increased Value Clause] 15. In the event of any additional insurance being placed by the Assured for the time being on the cargo herein insured, the value stated in this policy shall, in the event of loss or claim, be deemed to be increased to the total amount insured at the time or loss or accident. Where the inca b on "increased value." the following alas apply :- ¡Ì...................... being increased value of cargo to be deemed to be part of the total amount insured on the cargo valued at such total amount. Where the original insurances effected on the ergo cover also Advanced Freight, then the word "`cargo" in this insurance shall be deemed also to include "Advanced Freight". in the event of any additional insurance being placed by the Assured for the time being on the cargo herein insured, the value of the cargo shall, in the event of loss or claim be doomed to be increased to the total amount insured at the time of loss or accident. [Reasonable Despatch Clause] 16. 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 is "held covered" under this policy to give prompt notice to Underwriters and the right to such cover si dependent aye compliance With this obligation, ¡¡ |