Chapter 14
变色龙主要内容
1.Chapter Summary利率互换
1.Perils of the a in elude n atural calamities and fortuitous accide nts. Extra neous risks are risks other than perils of the a, including general extraneous risks and special extraneous risks.
2.Ocean average covers total loss and partial loss. Total loss includes actual total loss and constructive total loss while partial loss includes particular average and general average. Particular average is the accide ntal damage to part of the cargo and is levied on a group of cargo owners and not all of the cargo own ers. A gen eral average is a loss caud by or directly con que ntial on a gen eral average act which must be extraord in ary, volun tarily and reas on ably made in time of peril and successful. Gen eral average requires all parties concerned in the ven ture to con tribute to compe nsate the loss caud to tho who cargo has bee n lost and damaged.
3.Sue and Labor expens are extraordinary expenditures made in time of peril to avert or mini mize any loss of or damage to the subject matter in sured. Salvage charges mean charges recoverable by salvor in depe nden tly of con tract.共创未来
4.Extra neous loss are loss resulted from risks not in cide ntal to tran sport by a, in cludi ng loss caud by gen eral extra neous risks and special risks.
5.The Ocea n Marine Cargo Clau of the PICC provides two types of in sura nee covers: basic cover and additi onal cover. Basic cover in cludes FPA, WPA, and All Risks. Additi onal cover in cludes gen eral additi onal covers and special additi onal covers.
6.Basically FPA eliminates coverage for partial loss resulted from natural calamities while WPA covers such loss. All Risks provides the widest in sura nee cover.
7.W/W clau is a marine cargo in sura nee policy provisi on that exte nds the protect ion from the warehou at which the shipme nt origi nates to the one at which it term in ates.
8.Gen eral additi onal risks cover the damage or loss aris ing from gen eral additi onal r
eas ons,
including Risk of Theft, Pilferage and Non-Delivery (TPND), Risks of Fresh Water and/or Rain Damage (FWRD), Risks of Clash and Breakage, Risks of Leakage, Risks of Shortage, Risks of In termixture and Con tam in ati on, Risks of Taint of Odour, Risks of Sear and Heat ing, Risks of Breakage of Pack ing and Hook Damage.
9.Special additional risks cover the damage or loss arising from special additional reasons such as political events, military affairs, national policies and acts, and administrative measures. The special additional risks include War Risk, Strike Risks, Failure to Delivery Risks, Import Duty Risks, On Deck Risks, Rejections Risks, Aflatoxin Risks, Fire Risks Extension Clau (FREC).
10.The new ICC provides five claus, namely: Institute Cargo Clau A or ICC(A), Institute Cargo Clau B or ICC(B), Institute Cargo C or ICC(C); Institute War Clau (Cargo) and In stitute Strikes Clau (Cargo). The widest in sura nee cover is provided un der ICC(A), a more restrictive cover is un der ICC(C).
11.In FOB, CFR or FCA, CPT con tracts, the in sura nee clau may simply be stipulated as:” 元宵花灯In sura nee: To be Covered by the Buyer. ” In CIF or CIP con tracts, the clau should clearly state the party who takes out i nsura nee, the risks covered, the in sura nee amount as well as the in sura nee claus adopted.
12.When export transaction is made on CIF and CIP basis, the Chine exporter shall arrange specific in sura nee policy. It is customary to in sure for CIF or CIP value of the shipme nt, plus 10% of CIF value.
13.When import transaction is made on FOB, CFR, FCA and CPT basis, the Chine importer shall take out insuranee. In such ca, a marine cargo open policy is often underwritten.
14.佐香智久Claim procedure involves applying for survey, claiming for damages, taking proper measures and prepari ng docume nts for claim.
2.Review Questions
A.Briefly define the concepts
1.actual total loss
海底发电2.con structive total loss
3.particular average
4.gen eral average
5.gen eral act
6.sue and labor expens
7.W/W clau
8.非洲梦ope n policy
黄体功能不全B.Questions and problems
1What are the three basic in sura nee in CIC? What are the differe nces betwee n them/
2What are the differe nces betwee n gen eral average and particular average?
3In the eve nt of loss or damage for which the in surer may be liable, what should the in sured or their age nts do to claim for loss?
C.Multiple-choice questions
