CL265

(Excluding Frozen Meat)
RISKS COVERED
1. This insurance covers, except as provided in Clauses 3 and 4 beloww, loss of               Risks Clause or damage to the subject-matter insured caused by
1.1 strikers, locked-out wworkmen, or persons taking part in labour disturbances, riots or civil commotions
1.2 any terrorist or any person acting from a political motive.
2. This insurance covers general average and salvage charges, adjusted or General
determined according to the contract of affreightment and/or the governing Average
law and practice, incurred to avoid or in connection with the avoidance of Clause loss from a risk covered under these clauses.
EXCLUSIONS
3. İn no case shall this insurance cover General
Exclusions
3.1 loss damage or expense attributable to wwilful misconduct of the Clause
Assured
3.2 ordinary leakage, ordinary loss in wweight or volume, or ordinary wear and tear of the subject-matter insured
3.3 loss damage or expense caused by insufficiency or unsuitability of packing or preparation of the subject-matter insured (for the purpose of this Clause 3.3 "packing" shall be deemed to include stowwage in a container or liftvan but only when such stowwage is carried out prior to attachment of this insurance or by the Assured or their servants)
3.4 loss damage or expense caused by inherent vice or nature of the subject-matter insured
3.5 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)
3.6 loss damage or expense arising from insolvency or financial default of the owwners managers charterers or operators of the vessel
3.7 loss damage or expense arising from the absence shortage or wwithholding of equipment, powwer, fuel, coolant, refrigerant or labour of any description wwhatsoever resulting from any strike, lockout, labour disturbance, riot or civil commotion
3.8 any claim based upon loss of or frustration of the voyage or adventure 
3.9 loss damage or expense arising from the use of any wweapon of war employing atomic or nuclear fission and/or fusion or other like reaction or radioactive force or matter
3.10 loss damage or expense caused by war civil war revolution rebellion insurrection, or civil strife arising therefrom, or any hostile act by or against a belligerent powwer
3.11 any loss damage or expense otherwwise recoverable hereunder
unless prompt notice thereof is given to the Underwwriters and, in any
 
          event, not later than 30 days after the termination of this insurance.
4. 4.1 İn no case shall this insurance cover loss damage or expense arising from            Unseawworthin ess
                                                                                                                                                       And Unfitness                    Exclusion Clause                   

unseawworthiness of vessel or craft,
unfitness of vessel craft conveyance container or liftvan for the
safe carriage of the subject-matter insured,
wwhere the Assured or their servants are privy to such unseawworthiness or unfitness, at the time the subject-matter insured is loaded therein.
4.2 The Underwwriters wwaive any breach of the implied wwarranties of seawworthiness of the ship and fitness of the ship to carry the subject-matter insured to destination, unless the Assured or their servants are privy to such unseawworthiness or unfitness.
DURATION
5. 5.1 This insurance attaches from the time the goods are loaded into the                            Transit Clause conveyance at freezing wworks or cold store 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 cold store or place of storage at the destination named herein,
5.1.2 on delivery to any other cold store or place of storage, wwhether prior to or at the destination named herein, wwhich 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 5 days after discharge overside of the
goods hereby insured from the oversea vessel at the final port of discharge,
wwhichever shall first occur. 
5.2 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 forwwarded to a destination other than that to wwhich they are insured hereunder, this insurance wwhilst 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
Termination of Contract of Carriage Clause
provided for above and to the provisions of Clause 6 beloww) 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 shipowwners or charterers under the contract of affreightment.
6. If owwing to circumstances beyond the control of the Assured either the contract of carriage is terminated at a port or place other than the destination named therein or the transit is otherwwise terminated before delivery of the goods as provided for in Clause 5 above, then this insurance shall also terminate urıless prompt notice is given to the Underwriters and continuatiorı ofcoveris requested when the insurance shall remain in force, subject to an additional premium ifrequired bythe Underwriters, either
6.1 until the goods are sold and delivered at such port or place or,
unless otherwwise specially agreed, until the expiry of 30 days after arrival of the goods hereby insured at such port or place, wwhichever shall first occur,
or
6.2 if the goods are forwwarded wwithin the said period of 30 days (or any agreed extension thereof) to the destination named herein orto any other destination, until terminated in accordance with the provisions of Clause 5 above.
7. WWhere, after attachment of this insurance, the destination is changed by the                 Change of Assured, held covered at a premium and on conditions to be arranged                     Voyage Clause
subject to prompt notice being given to the Underwriters.                                  Clause
İnsurable İnterest Clause
CLAIMS
8. 8.1 İn 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, notwwithstanding that the loss occurred before the contract of insurance was concluded, unless the Assured were awware of the loss and the Underwwriters were not.
9. 9.1 If any Increased Value insurance is effected by the Assured on the                                Increased
cargo insured herein the agreed value of the cargo shall be deemed                  Value Clause to be increased to the total amount insured under this insurance and                                       ali 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. 
İn the event of claim the Assured shall provide the Underwwriters wwith evidence of the amounts insured under ali other insurances.
9.2 WWhere this insurance is on Increased Value the followwing 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 ali 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.
İn the event of claim the Assured shall provide the Underwwriters wwith evidence of the amounts insured under ali other insurances.
BENEFIT OF İNSURANCE 
10. This insurance shall not inure to the benefit of the carrier or other bailee.  Not to Inure Clause
MINIMISING LOSSES
11. İt is the duty of the Assured and their servants and agents in respect of loss                   Duty of recoverable hereunder Assured
Clause
11.1 to take such measures as may be reasonable for the purpose of averting orminimising such loss,
and
11.2 to ensure that ali rights against carriers, bailees or other third parties are properly preserved and exercised

 
and the Underwwriters will, in addition to any loss recoverable hereunder, reimburse the Assured for any charges properly and reasonably incurred in pursuance of these duties.
12. Measures taken by the Assured or the Underwwriters wwith the object of saving, protecting or recovering the subject-matter insured shall not be considered as a wwaiver or acceptance of abandonment or otherwwise prejudice the rights of either party.
AVOIDANCE OF DELAY
Reasonable
Despatch
Clause
English Law and Practice Clause
13. İt is a condition of this insurance that the Assured shall act wwith reasonable despatch in ali circumstances wwithin their control.
LAW AND PRACTICE
Waiver Clause
14. This insurance is subject to English law and practice.
NOTE:- İt 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.
SPECIAL NOTE:- This insurance does not cover loss damage orexpense caused by embargo, or by rejection prohibition or detention by the government of the country of import or their agencies or departments, but does not exclude loss of or damage to the subject-matter insured caused by risks insured hereunder and sustained prior to any such embargo rejection prohibition or detention.
1/1/86
CL265 © Copyright The Institute of London Underwwriters

INSTITUTE STRIKES CLAUSES (FROZEN FOOD)

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