INSTITUTE
CARGO CLAUSES (AIR) (excluding sendings by Post)
INSTITUTE
CARGO CLAUSES (AIR)
(excluding sendings by Post)
Risks Clause
RISKS COVERED
1. This insurance covers all risks of loss of or damage to the
subject-matter insured except as provided in Clauses 2, 3 and 4 below.
General Exclusions Clause
EXCLUSIONS
2. In no case shall this insurance cover
2.1 loss damage or expense attributable to wilful misconduct
of the Assured
2.2 ordinary leakage, ordinary loss in weight or volume, or
ordinary wear and tear of the subject-matter insured
2.3 loss damage or expense caused by insufficiency or
unsuitability of packing or preparation of the subject-matter insured (for the
purpose of this Clause 2.3 “packing” shall be deemed to include stowage in a
container of liftvan but only when such stowage is carried out prior to
attachment of this insurance or by the Assured or their servants)
2.4 loss damage or expense caused by inherent vice or nature
of the subject-matter insured
2.5 loss damage or expense arising from unfitness of
aircraft conveyance container or liftvan for the safe carriage of the
subject-matter insured, where the Assured or their servants are privy to such
unfitness at the time the subject-matter insured is loaded therein
2.6 loss damage or expense proximately caused by delay, even
though the delay be caused by a risk insured against
2.7 loss damage or expense arising from insolvency or
financial default of the owners managers charterers or operators of the
aircraft
2.8 loss damage or expense arising from the use of any
weapon of war employing atomic or nuclear fission and/or fusion or other like
reaction or radioactive force or matter.
War Exclusion Clause
3. In no case shall this
insurance cover loss damage or expense caused by
3.1 war civil war revolution rebellion insurrection, or
civil strife arising therefrom, or any hostile act by or against a belligerent
power
3.2 capture seizure arrest restraint or detainment (piracy
excepted), and the consequences thereof or any attempt thereat
3.3 derelict mines torpedoes bombs or other derelict weapons
of war.
Strikes Exclusion Clause
4. In no case shall this insurance cover loss damage or
expense
4.1 caused by strikers, locked-out workmen, or persons
taking part in labour disturbances, riots or civil commotions
4.2 resulting from strikes, lock-outs, labour disturbances,
riots or civil commotions
4.3 caused by any terrorist or any person acting from a
political motive.
Transit Clause
DURATION
5. 5.1 This
insurance attaches from the time the subject-matter insured leaves the
warehouse, premises or place of storage at the place named herein for the commencement of the
transit, continues during the ordinary course of transit and terminates either
5.1.1 on delivery to the Consignees’ or other final warehouse,
premises or place of storage at the destination named herein,
5.1.2 on delivery to any other warehouse, premises or place of
storage, whether prior to or at the destination named herein, which the Assured
elect to use either
5.1.2.1 for storage other than
in the ordinary course of transit or
5.1.2.2 for allocation or
distribution
or
5.1.3 on the expiry of 30 days after unloading the subject-matter
insured from the aircraft at the final place of discharge,
whichever shall first occur.
5.2 If, after unloading from the aircraft at the final place
of discharge, but prior to termination of this insurance, the subject-matter
insured is forwarded to a destination other than that to which it is insured
hereunder, this insurance, whilst remaining subject to termination as provided
for above, shall not extend beyond the commencement of transit to such other
destination.
5.3 This insurance shall remain in force (subject to
termination as provided for above and to the provisions of Clause 6 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 the air carriers under the
contract of carriage.
Termination
of
Contract of
Carriage Clause
6. If owing to circumstances beyond
the control of the Assured either the contract of carriage is terminated at a
place other than the destination named therein or the transit is otherwise
terminated before delivery of the subject-matter insured as provided for in
Clause 5 above, then this insurance shall also terminate unless prompt notice is given to the Underwriters and continuation of
cover is requested when the insurance shall remain in force, subject to an
additional premium if required by the Underwriters, either
6.1 until the subject-matter is sold and delivered at such
place or, unless otherwise specially agreed, until the expiry of 30 days after
arrival of the subject-matter hereby insured at such place, whichever shall
first occur,
or
6.2 if the subject-matter is forwarded within the said
period of 30 days (or any agreed extension thereof) to the destination named
herein or to any other destination, until terminated in accordance with the
provisions of Clause 5 above.
Change
of
Transit Clause
7. Where, after attachment of this
insurance, the destination is changed by the Assured, held covered at a premium and on conditions to be arranged subject to
prompt notice being given to the Underwriters.
Insurable
Interest
Clause
CLAIMS
8. 8.1 In order to
recover under this insurance the Assured must have an insurable interest in the
subject-matter insured at the time of the
loss
8.2 Subject to 8.1 above, the Assured shall be entitled to
recover for insured loss occurring during the period covered by this insurance,
notwithstanding that the loss occurred before the contract of insurance was
concluded, unless the Assured were aware of the
loss and the Underwriters were not.
Forwarding
Charges
Clause
9. Where, as a result of the
operation of a risk covered by this insurance, the insured transit is
terminated at a place other than that to which the subject-matter is covered
under this insurance, the Underwriters will reimburse the Assured for any extra
charges properly and reasonably incurred in unloading storing and forwarding
the subject-matter to the destination to which it is insured hereunder.
This Clause 9, which does not apply to general
average or salvage charges, shall be subject to the exclusions contained in
Clauses 2,3 and 4 above, and shall not include charges arising from the fault
negligence insolvency or financial default of the Assured or their servants.
Constructive
Total
Loss Clause
10. No claim for Constructive Total
Loss shall be recoverable hereunder unless the subject-matter insured is
reasonably abandoned either on account of its actual total loss appearing to be
unavoidable or because the cost of recovering, reconditioning and forwarding
the subject-matter to the destination to which it is insured would exceed its
value on arrival.
Continued
…
11. 11.1 If any Increased Value insurance is effected by the
Assured on the cargo insured herein the agreed value of the cargo shall be deemed to be increased to the total amount
insured under this insurance and all Increased Value insurances covering the
loss, and liability
under this insurance shall be in such proportion as the sum insured herein
bears to such total amount insured.
Increased
Value
Clause
In the event of claim the
Assured shall provide the Underwriters with evidence of the amounts insured
under all other insurances.
11.2 Where this
insurance is on Increased Value the following clause shall apply:
The agreed value of the cargo
shall be deemed to be equal to the total amount insured under the primary
insurance and all Increased Value insurances covering the loss and effected on
the cargo by the Assured, and liability under this insurance shall be in such
proportion as the sum insured herein bears to such total amount insured.
In the event of claim the Assured shall provide the
Underwriters with evidence of the amounts insured under all other insurances.
Not
to Inure Clause
BENEFIT OF INSURANCE
12. This insurance shall not inure to
the benefit of the carrier or other bailee.
Duty
of Assured
Clause
MINIMISING LOSSES
13. It is the duty of the Assured and
their servants and agents in respect of loss recoverable hereunder
13.1 to
take such measures as may be reasonable for the purpose of averting or
minimising such loss,
and
13.2 to
ensure that all rights against carriers, bailees or other third parties are
properly preserved and exercised and the Underwriters will, in addition to any
loss recoverable hereunder, reimburse the Assured for any charges properly and
reasonably incurred in pursuance of these duties.
Waiver Clause
14. 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 otherwise prejudice the rights of either party.
Reasonable
Despatch Clause
AVOIDANCE OF DELAY
15. It is a condition of this insurance
that the Assured shall act with reasonable despatch in all circumstances within
their control.
English
Law &
Practice Clause
LAW AND PRACTICE
16. This insurance is subject to
English law and practice.
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NOTE:- It
is necessary for the Assured when they become aware of an event which is “held
covered” under this insurance to give prompt notice to the Underwriters and the right to such cover is dependent upon
compliance with this obligation.
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