Provided b y European Link S.A.
Institute Time Claus - Hulls 1.10.83
This insurance is subject to English law and practice
1NAVIGATION
1.1 The Vesl is covered subject to the provisions of this insurance at all times and has leave to
sail or navigate with or without pilots, to go on trial trips and to assist and tow vesls or craft in distress, but it is warranted that the Vesl shall not be towed, except as is customary or to the first safe port or place when in need of assistance, or undertake towage or salvage rvices under a contract previously arranged by the Assured and/or Owners and/or Managers and/or Charterers. This Clau 1.1, shall not exclude customary towage in connection with loading and discharging,
1.2 In the event of the Vesl being employed in trading operations which entail cargo loading or
discharging at a from or into another vesl (not being a harbour or inshore craft) no claim shall be recoverable under this insurance for loss of or damage to the Vesl or liability to any other vesl arisi
ng from such loading or discharging operations, including whilst approaching, lying alongside and leaving, unless previous notice that the Vesl is to be employed in such operations has been given to the Underwriters and any amended terms of cover and any additional premium required by them have been agreed.
1.3 In the event of the Vesl sailing (with or without cargo) with an intention of being (a) broken
up, or (b) sold for breaking up, any claim for loss of or damage to the Vesl occurring subquent to such sailing shall be limited to the market value of the Vesl as scrap at the time when the loss or damage is sustained, unless previous notice has been given to the Underwriters and any amendments to the terms of cover insured value and premium required by them have been agreed. Nothing in this Clau 1.3 shall affect claims under Claus 8 and/or 11.
2CONTINUATION
Should the Vesl at the expiration of this insurance be at a or in distress or at a port of refuge or of call, she shall, provided previous notice be given to the Underwriters, be held covered at a pro rata monthly premium to her port of destination.
3BREACH OF WARRANTY
ifonly
Held covered in ca of any breach of warranty as to cargo, trade, locality towage, salvage rvices or date of sailing, provided notice be given to the Underwriters immediately after receipt of advices and any amended terms of cover and any additional premium required by them be agreed.
4TERMINATION
This Clau 4 shall prevail notwithstanding any provision whether written typed or printed in this insurance inconsistent therewith.
Unless the Underwriters agree to the contrary in writing, this insurance shall terminate automatically at the time of
4.1 change of the Classification Society of the Vesl, or change, suspension, discontinuance,
withdrawal or expiry of her Class therein, provided that if the Vesl is at a such automatic termination shall be deferred until arrival at her next port. However where such change, suspension, discontinuance or withdrawal of her Class has resulted from loss or damage covered by Clau 6 of this insurance or which would be covered by an insurance of the Vesl subject to current Institute War and Strikes Claus Hulls-Time such automatic termination shall only oper ate should the Vesl sail from her next port without the prior approval of the Classification Society.
4.2 any change, voluntary or otherwi, in the ownership or flag, transfer to new management,
or charter on a bareboat basis, or requisition for title or u of the Vesl, provided that, if the Vesl has cargo on board and has already sailed from her loading port or is at a in ballast, such automatic termination shall if required be deferred, whilst the Vesl continues her planned voyage, until arrival at final port of discharge if with cargo or at port of destination if in ballast. However in the event a requisition for title or u without the prior
execution of a written agreement by the Assured, such automatic termination shall occur fifteen days after such requisition whether the Vesl is at a or in port.
A pro rata daily net return of premium shall be made.
5ASSIGNMENT
sifeNo assignment of or interest in this insurance or in any moneys which may be or become payable thereunder is to be binding on or recognid by the Underwriters unless a dated notice of such assignment or interest signed by the Assured, and by the assignor in the ca of subquent assignment, is endord on the Policy and the policy with such endorment is produced before payment of any claim or return of premium thereunder.
6PERILS
6.1 This insurance covers loss of or damage to the subject-matter insured caud by
6.1.1. perils of the as rivers lakes or other navigable waters
6.1.2 fire, explosion
6.1.3 violent theft by persons from outside the Vesl
6.1.4 jettison
6.1.5 piracy
6.1.6 breakdown of or accident to nuclear installations or reactors
6.1.7 contact with aircraft or similar objects, or objects falling therefrom, lan d conveyance,
dock or harbour equipment or installation
6.1.8 earthquake volcanic eruption or lightning.
6.2 This insurance covers loss of or damage to the subject-matter insured caud by
6.2.1 accidents in loading discharging or shifting car go or fuel
6.2.2 bursting of boilers breakage of shafts or any latent defect in the machinery or hull
6.2.3 negligence of Master Officers Crew or Pilots
6.2.4 negligence of repairers or charterers provided such repairers or charterers are no t an
Assured hereunder
6.2.5 barratry of Master Officers or Crew
provided such loss or damage has not resulted from want of due diligence by the Assured, Owners or Managers.
6.3 Master Officers Crew or Pilots not to be considered Owners within the meaning of thisalu
Clau 6 should they hold shares in the Vesl
7POLLUTI ON HAZARD
This insurance covers loss of or damage to the Vesl caud by any governmental authority acting under the powers vested in it to prevent or mitigate a pollution hazard, or threat thereof, resulting directly from damage to the Vesl for which the Underwriters are liable under this insurance, provided such act of governmental authority has not resulted from want of due diligence by the Assured, the Owners, or Managers of the Vesl or any of them to prevent or mitigate such hazard or threat. Master, Officers, Crew or Pilots not to be considered Owners within the meaning of this Clau 7 should they hold shares in the Vesl.
83/4THS COLLISION LIABILITY
8.1 The Underwriters agree to Indemnify the Assured for three-fourths of any sum or sums paid
by the Assured to any other person or persons by reason of the Assured becoming legally liable by way of damages for
8.1.1. loss of or damage to any other vesl or property on any other vesl
8.1.2 delay to or loss of u of any such other vesl or property thereon
8.1.3 general average of, salvage of, or salvage under contract of, any such other vesl or
property thereon,
where such payment by the Assured is in conquence of the Vesl hereby insured coming into collision with any other vesl.
8.2 The indemnity provided by this Clau 8 shall be in addition to the indemnity provided by the
other terms and conditions of this insurance and shall be subject to the following provisions:
8.2.1 Where the insured Vesl is in collision with another vesl and both vesls are to
blame then, unless the liability of one or both vesls becomes limited by law, the
一般过去时练习题indemnity under this Clau 8 shall be calculated on the principle of cross-liabilities as
if the respective Owners had been compelled to pay to each other such proportion of
each other's damages as may have been properly allowed in ascertaining the balance
or sum payable by or to the Assured in conquence of the collision,
8.2.2 In no ca shall the Underwriters' total liability under Claus 8.1 and 8.2 exceed their
proportionate part of three-fourths of the insured value of the Vesl hereby insured in
respect of any one collision.
Exclusions
8.4 Provided always that this Clau 8 shall in no ca extend to any sum which the Assured
shall pay for or in respect of
8.4.1 removal or disposal of obstructions, wrecks, cargoes or any other thing whatsoever
8.4.2 any real or personal property or thing whatsoever except other vesls or property on
other vesls
8.4.3 the cargo or other property on, or the engagements of, the insured Vesl
8.4.4 loss of life, personal injury or illness
8.4.5 pollution or contamination of any real or personal property or thing whatsoever
(except other vesls with which the insured Vesl is in collision or property on such
other vesls).
8.3 The Underwriters will also pay three-fourths of the legal costs incurred by the Assured or
which the Assured may be compelled to pay in contesting liability or taking proceedings to limit liability with the prior written connt of the Underwriters.
9SISTERSHIP
Should the Vesl hereby insured come into collision with or receive salvage rvices from another vesl belonging wholly or in part to the same Owners or under the same management, the Assured shall have the same rights under this insurance as they would have were the other vesl entirely the property of Owners not interested in the Vesl hereby insured; but in such cas the liability for the collision or the amount payable for the rvices rendered shall be referred to a sole arbitrator to be agreed upon between the Underwriters and the Assured.
10NOTICE OF CLAIM AND TENDERS
10.1 In the event of accident whereby loss or damage may result in a claim under this insurance,
notice shall be given to the Underwriters prior to survey and also, if the Vesl is abroad, to the nearest Lloyd's Agent so that a surveyor may be appointed to reprent the Underwriters should they so desire.
10.2 The Underwriters shall be entitled to decide the port to which the Vesl shall proceed for
docking or repair (the actual additional expen of the voyage arising from compliance with the Underwriters. requirements being refunded to the Assured) and shall have a right of veto concerning a place of repair or a repairing firm.
10.3 The Underwriters may also take tenders or may require further tenders to be taken for the
repair of the Vesl. Where such a tender has been taken and a tender is accepted with the approval of the Underwriters, an allowance shall be made at the rate of 300fo per annum on the insured value for time lost between the despatch of the invitations to tender required by Underwriters and the acceptance of a tender to the extent that such time is lost solely as the result of tenders having been taken and provided that the tender is accepted without
delay after receipt of the Underwriters' approval. Due credit shall be given against the allowance as a
bove for any amounts recovered in respect of fuel and stores and wages and maintenance of the Master Officers and Crew or any member thereof, including amounts allowed in general average, and for any amounts recovered from third parties in respect of damages for detention and/or loss of profit and/or running expens, for the period covered by the tender allowance or any part hereof, Where a part of the cost of the repair of damage other than a fixed deductible is not recoverable from the Underwriters, t h e allowance shall be reduced by a similar proportion.
10.4 In the event of failure to comply with the conditions of this Clau 10 a deduction of 15%
shall be made from the amount of the ascertained claim.
11GENERAL AVERAGE AND SALVAGE
11.1 This insurance covers the Vesl's proportion of salvage, salvage charges and/or general
average, reduced in respect of any under-insurance, but in ca of general average sacrifice of the Vesl the Assured may recover in respect of the whole loss without first enforcing their right of contribution from other parties.
11.2 Adjustment to be according to the law and practice obtaining at the place where the
adventure ends, as if the contract of affreightment contained no special terms upon the subject: but where the contract of affreightment so provides the adjustment shall be according to the York-Antwerp Rules.
11.3 When the Vesl sails in ballast, not under charter the provisions of the York-Antwerp
Rules, 1974 (excluding Rules XX and XXI) shall be applicable, and the voyage for this purpo shall be deemed to continue from the port or place of departure until the arrival of the Vesl at the first port or place thereafter other than a port or place of refuge or a port or place of call for bunkering only If at any such intermediate port or place there is an abandonment of the adventure originally contemplated the voyage shall thereupon be deemed to be terminated.
11.4 No claim under this Clau 11 shall in any ca be allowed where the loss was not incurred短文改错
to avoid or in connection with the avoidance of a peril insured against.
12DEDUCTIBLE
12.1 No claim arising from a peril insured against shall be payable under this insurance unless
the aggregate of all such claims arising out of each parate accident or occurrence (including claims under Claus 8,11 and 13) exceeds _________________ in which ca this sum shall be deducted. Nevertheless the expen of sighting the bottom after stranding, if reasonably incurred specially for that purpo, shall be paid even if no damage be found, This Clau 12,1 shall not apply to a claim for total or constructive total loss of the Vesl or in the event of such a claim, to any associated claim under Clau 13 arising from the same accident or occurrence.
12.2 Claims for damage by heavy weather occurring during a single a passage between two
中央广播电视大学培训中心successive ports shall be treated as being due to one accident. In the ca of such heavy weather extending over a period not wholly covered by this insurance the deductible to be applied to the claim recoverable hereunder shall be the proportion of the above deductible that the number of days of such heavy weather falling within the period of this insurance bears to the number of days of heavy weather during the sin gle a passage, The expression "heavy weather" in this Clau 12.2 shall be deemed to include contact with floating ice.
12.3 Excluding any interest comprid therein, recoveries against any claim which is subject to
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the above deductible shall be credi t ed to the Underwriters in full to the extent of the sum by which t
he aggregate of the claim unreduced by any recoveries exceeds the above deductible.
12.4 Interest comprid in recoveries shall be apportioned between the Assured and the
Underwriters, taking into account the sums paid by the Underwriters and the dates when such payments were made, notwithstanding that by the addition of interest the Underwriters may receive a larger sum than they have paid.
13DUTY OF ASSURED (SUE AND LABOUR)
13.1 In ca of any loss or misfortune it is the duty of the Assured and their rvants and agents
to take such measures as may be reasonable for the purpo of averting or minimising a loss which would be recoverable under this insurance.
13.2 Subject to the provisions below and to Clau 12 the Underwriters will contribute to charges
properly and reasonably incurred by the Assured their rvants or agents for such measures. General average, salvage charges (except as provided for in Clau 13,5) and collision defence or attack costs are not recoverable under this Clau 13.
13.3 Measures taken by the Assured or the Underwriters with the object of saving, protecting or
recovering the subject-matter insured shall not be considered as a waiver or acceptance of
abandonment or otherwi prejudice the rights of either party.
13.4 When expens are incurred pursuant to this Clau 13 the liability under this insurance
shall not exceed the proportion of such expens that the amount insured hereunder bears to the value of the Vesl as stated herein, or to the sound value of the Vesl at the time of the occurrence giving ri to the expenditure if the sound value exceeds that value, Where the Underwriters have admitted a claim for total loss and property insured by this insurance is saved, the foregoing provisions shall not apply unless the expens of suing and labouring exceed the value of such property saved and then shall apply only to the amount of the expens which is in excess of such value.
13.5 When a claim for total loss of the Vesl is admitted under this insurance and expens
have been reasonably incurred in saving or attempting to save the Vesl and other property and there are no proceeds, or the expens exceed the proceeds, then this insurance shall bear its pro r
ata share of such proportion of the expens, or of the expens in excess of the proceeds, as the ca may be, as may reasonably be regarded as having been incurred in respect of the Vesl; but if the Vesl be insured for less than its sound value at the time of the occurrence giving ri to the expenditure, the amount recoverable under this clau shall be reduced in proportion to the under-insurance.
13.6 The sum recoverable under this Clau 13 shall be In addition to the loss otherwi
recoverable under this insurance but shall in no circumstances exceed the amount insured under this insurance in respect of the Vesl.
14NEW FOR OLD
Claims payable without deduction new for old.
15BOTTOM TREATMENT
In no ca shall a claim be allowed in respect of scraping gritblasting and/or other surface preparation or painting of the Vesl's bottom except that
15.1 gritblasting and/or other surface preparation of new bottom plates ashore and supplying
and applying any "shop" primer thereto,
15.2 gritblasting and/or other surface preparation of:
the butts or area of plating immediately adjacent to any renewed or refitted plating
damaged during the cour of welding and/or repairs, areas of plating damaged during the cour of fairing, either in place or ashore,
99宿舍六级查询15.3 supplying and applying the first coat of primer/anti-corrosive to tho particular areas
mentioned in 15.1 and 15.2 above,
shall be allowed as part of the reasonable cost of repairs in respect of bottom platin g damaged by an insured peril.
16WAGES AND MAINTAINANCE
bullyNo claims shall be allowed, other than in general average, for wages and maintenance of the Master Officers and Crew, or any member thereof except when incurred solely for the necessary removal of
the Vesl from one port to another for the repair of damage covered by the Underwriters, or for trial trips for such repairs, and then only for such wages and maintenance as are incurred whilst the Vesl is under way.
17AGENCY COMMISSION
In no ca shall any sum be allowed under this insurance either by way of remuneration of the Assured for time and trouble taken to obtain and supply information or documents or in respect of the commission or charges of any manager, agent. managing or agency com pany or the like, appointed by or on behalf of the Assured to perform such rvices.
18UNREPAIRED DAMAGE
18.1 The measure of indemnity In respect of claims for unrepaired damage shall be the
reasonable depreciation in the market value of the Vesl at the time this insurance terminates arising from such unrepaired damage, but not exceeding the reasonable cost of repairs.
18.2 In no ca shall the Underwriters be liable for unrepaired damage In the event of a
subquent total loss (whether or not covered under this insurance) sustained during the period covered by this insurance or any extension thereof.
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