CL389

RISKS COVERED
Rısks
1. This insurance covers, except as excluded by the provisions of Clause 3 below, loss of or damage to the subject-
matter insured caused by
1.1 strıkers, locked-out workmen, or persons takıng part ın labour dısturbances, rlots or cıvıl commotıons
1.2 any act of terrorısm beıng an act of any person actıng on behalf of, or ın connectıon with, any organısatıon whıch carrıes out actıvıtıes dırected towards the overthrowıng or ınfluencıng, by force or vıolence, of any government whether or not legally constıtuted
1.3 any person actıng from a political, ıdeologıcal or relıgıous motive.
Salvage Charges
2. This insurance covers salvage charges incurred to avoid or in connection with the avoidance of loss from any cause
except those excluded in Clause 3 below.
EXCLUSIONS
3. In no case shall this insurance cover
3.1 loss damage or expense attrıbutable to wılful mısconduct of the Assured
3.2 ordınary leakage, ordınary loss ın weıght or volume, or ordınary wear and tear of the subject- matter insured
3.3 loss damage or expense caused by ınsuffıcıency or unsuıtabılıty of packıng or preparatıon of the subject-matter insured to wıthstand the ordınary ıncıdents of the insured transit where such packıng or preparatıon ıs carrıed out by the Assured or theır employees or prıor to the attachment of this insurance (for the purpose of this Clause 3.3 "packıng" shall be deemed to ınclude stowage ın a contaıner and "employees" shall not ınclude ındependent contractors)

 

 


3.4 loss damage or expense caused by inherent vıce or nature of the subject-matter insured
3.5 loss damage or expense arising from unfitness of aircraft conveyance or container for the safe carriage of the subject-matter insured, where loading therein or thereon is carried out prior to attachment of this insurance or by the Assured or their employees and they are privy to such unfitness at the time of loading. Th is exclusion shall not apply where the contract of insurance has been assigned to the party claiming hereunder who has bought or agreed to buy the subject- matter insured in good faith under a binding contract.
3.6 loss damage or expense caused by delay, even though the delay be caused by a risk insured against
3.7 loss damage or expense caused by insolvency or financial default of the owners managers charterers or operators of the aircraft where, at the time of loading of the subject-matter insured on board the aircraft, the Assured are aware, or in the ordinary course of business should be aware, that such insolvency or fi nancial default could prevent the normal prosecution of the transit
This exclusion shall not apply where the contract of insurance has been assigned to the party claiming hereunder who has bought or agreed to buy the subject-matter insured in good faith under a binding contract
3.8 loss damage or expense arising from the absence shortage or withholding of labour of any description whatsoever resulting from any strike, lockout, labour disturbance, riot or civil commotion
3.9 any claim based upon loss of or frustration of the transit or adventure
3.10 loss damage or expense directly or indirectly caused by or arising from the use of any weapon or device employing atomic or nuclear fission and/or fusion or other like reaction or radioactive force or matter
3.11 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 power.

 

 


DURATION
Transit Clause
4. 4.1 Subject to Clause 7 below, this insurance attaches from the time the subject-matter insured ıs
fırst moved ın the warehouse, premıses or at the place of storage (at the place named ın the contract of insurance) for the purpose of the ımmedıate loadıng ınto or onto the carryıng vehıcle or other conveyance for the commencement of transit,
contınues durıng the ordınary course of transit
and termınates eıther
4.1.1 on completıon of unloadıng from the carryıng vehıcle or other conveyance ın or at the final warehouse, premıses or place of storage at the destınatıon named ın the contract of insurance,
4.1.2 on completıon of unloadıng from the carryıng vehıcle or other conveyance ın or at any other warehouse, premıses or place of storage, whether prıor to or at the destınatıon named ın the contract of insurance, whıch the Assured or theır employees elect to use eıther for storage other than ın the ordınary course of transit or for allocatıon or dıstrıbutıon, or
4.1.3 when the Assured or theır employees elect to use any carryıng vehıcle or other conveyance or any contaıner for storage other than ın the ordınary course of transit or
4.1.4 on the expıry of 30 days after completıon of unloadıng of the subject-matter insured from the aırcraft at the final place of dıscharge,
whıchever shall fırst occur.
4.2 If, after unloadıng from the aırcraft at the final place of dıscharge, but prıor to termınatıon of this insurance, the subject-matter insured ıs to be forwarded to a destınatıon other than that to whıch ıt ıs insured, this insurance, whılst remaınıng subject to termınatıon as provıded ın Clauses 4.1.1 to 4.1.4, shall not extend beyond the time the subject-matter insured ıs fırst moved for the purpose of the commencement of transit to such other destınatıon.

 

4.3 This insurance shall remain in force (subject to termination as provided for in Clauses 4.1.1 to 4.1.4 above and to the provisions of Clause 5 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
5. 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 unloading of the subject- matter insured as provided for in Clause 4 above, then this insurance shall also terminate unless prompt notice is given to the Insurers and continuation of cover is requested when this insurance shall remain in force, subject to an additional premium if required by the Insurers, either
5.1 until the subject-matter insured is sold and delivered at such place, or, unless otherwise
special ly agreed, until the expiry of 30 days after arrival of the subject-matter insured at such place, whichever shall first occur,
or
5.2 if the subject-matter insured is forwarded within the said period of 30 days (or any agreed extension thereof) to the destination named in the contract of insurance or to any other destination, until terminated in accordance with the provisions of Clause 4 above.
Change of Transit
6. 6.1 Where, after attachment of this insurance, the destination is changed by the Assured, this must
be notıfıed promptly to Insurers for rates and terms to be agreed, Should a loss occur priorto such agreement being obtained cover may be provided but only if cover would have been available at a reasonable commercial market rate on reasonable market terms,
6.2 Where the subject-matter insured commences the transit contemplated by this insurance (in accordance with Clause 4.1), but, without the knowledge of the Assured or their employees the aircraft leaves for another destination, this insurance will nevertheless be deemed to have attached at commencement of such transit.

 

CLAIMS
Insurable Interest
7. 7.1 In order to recover under this insurance the Assured must have an ınsurable ınterest ın the subject-matter insured at the time of the loss.
7.2 Subject to Clause 7.1 above, the Assured shall be entıtled to recover for insured loss occurrıng durıng the perıod covered by this insurance, notwıthstandıng that the loss occurred before the contract of insurance was concluded, unless the Assured were aware of the loss and the Insurers were not.
Increased Value
8. 8.1 If any Increased Value insurance ıs effected by the Assured on the subject-matter insured under
this insurance the agreed value of the subject-matter insured shall be deemed to be ıncreased to the total amount insured under this insurance and all Increased Value ınsurances coverıng the loss, and lıabılıty under this insurance shall be ın such proportıon as the sum insured under this insurance bears to such total amount insured.
In the event of claım the Assured shall provıde the Insurers wıth evıdence of the amounts insured under all other ınsurances.
8.2 Where this insurance is on Increased Value the following clause shall apply:
The agreed value of the subject-matter insured shall be deemed to be equal to the total amount insured under the prımary insurance and all Increased Value ınsurances coverıng the loss and effected on the subject-matter insured by the Assured, and lıabılıty under this insurance shall be ın such proportıon as the sum insured under this insurance bears to such total amount insured.
In the event of claım the Assured shall provıde the Insurers wıth evıdence of the amounts insured under all other ınsurances.

 

BENEFIT OF İNSURANCE
9. This insurance
9.1 covers the Assured which includes the person claiming indemnity either as the person by or on whose behalf the contract of insurance was effected or as an assignee,
9.2 shall not extend to or otherwise benefit the carrier or other bailee. MINIMISING LOSSES
Duty of Assured
10. It is the duty of the Assured and their employees and agents in respect of loss recoverable hereunder
10.1 to take such measures as may be reasonable for the purpose of averting or minimising such loss,
and
10.2 to ensure that all rights against carriers, bailees or other third parties are properly preserved and exercised
and the Insurers will, in addition to any loss recoverable hereunder, reimburse the Assured for any charges properly and reasonably incurred in pursuance of these duties.
Waiver
11. Measures taken by the Assured or the Insurers 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.
AVOIDANCE OF DELAY
12. It is a condition of this insurance that the Assured shall act with reasonable despatch in all circumstances within their control.

LAW AND PRACTICE
13. This insurance is subject to English law and practice.
NOTE:- Where a contınuatıon of cover ıs requested under Clause 5, or a change of destınatıon ıs notıfıed under Clause 6, there ıs an oblıgatıon to gıve prompt notıce to the Insurers and the rıght to such cover ıs dependent upon complıance wıth thıs oblıgatıon,
© Copyrıght: 12/08 - Lloyd's Market Assocıatıon (LMA) and Internatıonal Underwrıtıng Assocıatıon of London (IUA),
01/01/2009 CL389

INSTITUTE STRIKES CLAUSES (AIR CARGO)

Kapat

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