Institute Cargo Clauses A
Institute Cargo Clauses A
Institute Cargo Clauses A
1.
This insurance covers all risks of loss of or damage to the subject-matter insured except as provided in Clauses 4, 5, 6 and 7 below.
2.
This insurance covers general average and salvage charges, adjusted or determined according to the contract of affreightment and/or the
Risks
Clause
General
governing law and practice, incurred to avoid or in connection with the avoidance of loss from any cause except those excluded in Clauses 4, Average
3.
Clause
This insurance is extended to indemnify the Assured against such proportion of liability under the contract of affreightment "Both to Blame
"Both to
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
Blame
agree to notify the Underwriters who shall have the right, at their own cost and expense, to defend the Assured against such claim.
Collision"
Clause
EXCLUSIONS
4.
General
Exclusions
4.2 ordinary leakage, ordinary loss in weight or volume, or ordinary wear and tear of the subject-matter insured
Clause
4.3 loss damage or expense caused by insufficiency or unsuitability of packing or preparation of the subject-matter insured (for the purpose
of this Clause 4.3 "packing" shall be deemed to include stowage in a container or liftvan but only when such stowage is carried out prior
to attachment of this insurance or by the Assured or their servants)
4.4 loss damage or expense caused by inherent vice or nature of the subject-matter insured
4.5 loss damage or expense proximately caused by delay, even though the delay be caused by a risk insured against (except expenses
payable under Clause 2 above)
4.6 loss damage or expense arising from insolvency or financial default of the owners managers charterers or operators of the vessel
4.7 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.
5.
5.1 In no case shall this insurance cover loss damage or expense arising from
Unseaworthiness
and Unfitness
unfitness of vessel craft conveyance container or liftvan for the safe carriage of the subject-matter insured,
Exclusion
where the Assured or their servants are privy to such unseaworthiness or unfitness, at the time the subject-matter insured is loaded
Clause
therein.
5.2 The Underwriters waive any breach of the implied warranties of seaworthiness of the ship and fitness of the ship to carry the subjectmatter insured to destination, unless the Assured or their servants are privy to such unseaworthiness or unfitness.
6.
War
6.1 civil war revolution rebellion insurrection, or civil strife arising therefrom, or any hostile act by or against a belligerent power
Exclusion
6.2 capture seizure arrest restraint or detainment (piracy excepted), and the consequences thereof or any attempt thereat
Clause
Strikes
7.1 caused by strikers, locked-out workmen, or persons taking part in labour disturbances, riots or civil commotions
Exclusion
7.2 resulting from strikes, lock-outs, labour disturbances, riots or civil commotions
Clause
7.3 caused by any terrorist or any person acting from a political motive.
DURATION
8.
8.1 This insurance attaches from the time the goods leave the warehouse 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
8.1.1.
on delivery to the Consignees' or other final warehouse or place of storage at the destination named herein,
8.1.2.
on delivery to any other warehouse or place of storage, whether prior to or at the destination named herein, which the Assured elect
Transit
Clause
to use either
8.1.2.1 for storage other than in the ordinary course of transit or
8.1.2.2. for allocation or distribution,
or
8.1.3.
on the expiry of 60 days after completion of discharge overside of the goods hereby insured from the oversea vessel at the final port
of discharge,
whichever shall first occur.
8.2. If, after discharge overside from the oversea vessel at the final port of discharge, but prior to termination of this insurance, the goods are
to be forwarded to a destination other than that to which they are 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.
8.3. This insurance shall remain in force (subject to termination as provided for above and to the provisions of Clause 9 below) during delay
beyond the control of the Assured, any deviation, forced discharge, reshipment or transshipment and during any variation of the adventure arising from the exercise of a liberty granted to shipowners or charterers under the contract of affreightment.
9.
If owing to circumstances beyond the control of the Assured either the contract of carriage is terminated at a port or place other than the
Termination
destination named therein or the transit is otherwise terminated before delivery of the goods as provided for in Clause 8 above, then this
of Contract
insurance shall also terminate unless prompt notice is given to the Underwriters and continuation of cover is requested when the insurance
of Carriage
shall remain in force, subject to an additional premium if required by the Underwriters, either
Clause
9.1 until the goods are sold and delivered at such port or place, or, unless otherwise specially agreed, until the expiry of 60 days after arrival
of the goods hereby insured at such port or place, whichever shall first occur,
or
9.2 if the goods are forwarded within the said period of 60 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 8 above.
10.
Where, after attachment of this insurance, the destination is changed by the Assured, held covered at a premium and on conditions to be
Change of
arranged
Voyage
Clause
CLAIMS
11.
11.1 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.
Insurable
11.2 Subject to 11.1 above, the Assured shall be entitled to recover for insured loss occurring during the period covered by this insurance,
Interest
notwithstanding that the loss occurred before the contract of insurance was concluded, unless the Assured were aware of the loss and
Clause
Where, as a result of the operation of a risk covered by this insurance the insured transit is terminated at a port or place other than that to
Forwarding
which the subject-matter is covered under this insurance, the Underwriters will reimburse the Assured for any extra charges properly and
Charges
reasonably incurred in unloading storing and forwarding the subject-matter to the destination to which it is insured hereunder.
Clause
This Clause 12, which does not apply to general average or salvage charges, shall be subject to the exclusions contained in Clauses 4, 5, 6
and 7 above, and shall not include charges arising from the fault negligence insolvency or financial default of the Assured or their servants.
13.
14.
No claim for Constructive Total Loss shall be recoverable hereunder unless the subject-matter insured is reasonably abandoned either on
Constructive
account of its actual total loss appearing to be unavoidable or because the cost of recovering, reconditioning and forwarding the subject-
Total Loss
matter to the destination to which it is insured would exceed its value on arrival.
Clause
14.1 If any Increased Value insurance is effected by the Assured on the cargo insured herein the agreed value of the cargo shall be deemed
Increased
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.
Value
Clause
In the event of claim the Assured shall provide the Underwriters with evidence of the amounts insured under all other insurances.
14.2 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.
BENEFIT OF INSURANCE
Not to
15.
Inure
This insurance shall not inure to the benefit of the carrier or other bailee.
Clause
MINIMISING LOSSES
16.
It is the duty of the Assured and their servants and agents in respect of loss recoverable hereunder
Duty of
16.1 to take such measures as may be reasonable for the purpose of averting or minimizing such loss,
Assured
and
Clause
16.2 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.
17.
Measures taken by the Assured or the Underwriters with the object of saving, protecting or recovering the subject-matter insured shall not be
Waiver
considered as a waiver or acceptance of abandonment or otherwise prejudice the rights of either party.
Clause
AVOIDANCE OF DELAY
Reasonable
18.
Despatch
It is a condition of this insurance that the Assured shall act with reasonable despatch in all circumstances within their control.
Clause
LAW AND PRACTICE
19.
English Law
and
Practice
Clause
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.