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Ocean Marine Cargo Clauses Ⅰ

From Gasgoo.com| May 15 , 2008 10:25 BJT

I . Scope of Cover:

This insurance is classified into the following three Conditions- Free From Particular Average (F. P. A. ), With Average (W. A. ) and All Risks. Where the goods insured hereunder sustain loss or damage , the Company shall undertake to indemnify therefor according to the insured Condition specified in the Policy and the Provisions of these Clauses :

1. Free From Particular Average (F. P. A. )

This insurance covers :

1) Total or Constructive Total Loss of the whole consignment hereby insured caused in the course of transit by natural calamities: heavy weather, lightning, tsunami, earthquake and flood. In case a constructive total loss is claimed for, the Insured shall abandon to the Company the damaged goods and all his rights and title pertaining thereto. The goods on each lighter to or from the seagoing vessel shall be deemed a separate risk. Constructive Total Loss refers to the loss where an actual total loss appears to be unavoidable or the cost to be incurred in recovering or reconditioning the goods together with the forwarding cost to the destination named in the Policy would exceed their value on arrival.

2) Total or Partial Loss caused by accidents the carrying conveyance being grounded, stranded, sunk or in collision with floating ice or other objects as fire or explosion .

3) Partial loss of the insured goods attributable to heavy weather, lightning and/or tsunami, where the conveyance has been grounded, stranded, sunk or burnt. irrespective of whether the event or events took place or after such accidents.

4) Partial of total loss consequent on falling of entire package or packages into sea during loading, transshipment or discharge.

5)Reasonable cost incurred by the insured on salvaging the goods or averting or minimizing a loss recoverable under the Policy, provided that such cost shall not exceed the sum insured of the consignment so saved.

6) Losses attributable to discharge of the insured goods at a pert of distress following a sea peril as well as special charges arising from loading, warehousing and forwarding of the goods at an intermediate port of call or refuge.

7) Sacrifice in and Contribution to General Average and Salvage Charges.
8) Such proportion of losses sustained by the shipowners as is to be reimbursed by the Cargo Owner under the Contract of Affreightment Both to Blame Collision clause.

2. With Average (W. A. )

Aside from the risks covered under F. P. A. condition as above, this insurance also covers partial losses of the insured goods caused by heavy weather , lightning, tsunami , earthquake and/or flood.

3. All Risks

Aside from the risks covered under the F. P. A. and W. A. conditions as above, this insurance also cover all risks of loss of or damage to the insured goods whether partial or total, arising from external causes in the cause of transit.

II. Exclusions:

This insurance does not cover : .

1. Loss or damage caused by the intentional act or fault of the insured.

2. Loss or damage falling under the liability of the consignor.

3. Loss or damage arising from the inferior quality or shortage of the insured goods prior to the attachment of this insurance.

4. Loss or damage arising from normal loss, inherent vice or nature of the insured goods , loss of market and/or delay in transit and any expenses arising there from……

5. Risks and liabilities covered and excluded by the ocean marine (cargo) war risks clauses and strike , riot and civil commotion clauses of this Company.

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