慕尼黑再保险安装工程一切险.docx

1、慕尼黑再保险安装工程一切险慕尼黑再保险安装工程一切险Contractors All Risks InsuranceWhereas the Insured named in the Schedule hereto has made to ACE Insurance Limited (hereinafter called “the Insurers ”a) written proposal by completing a Questionnaire which together with any other statements made in writing by the Insured for

2、 the purpose of this Policy is deemed to be incorporated herein.Now this Policy of Insurance witnesses that subject to the Insured having paid to the Insurers the premium mentioned in the Schedule and subject to the terms, exclusions, provisions and conditions contained herein or endorsed hereon the

3、 Insurers will indemnify the Insured in the manner and to the extent hereinafter provided.General ExclusionsThe Insurers will not indemnify the Insured in respect of loss, damage or liability directly or indirectly caused by or arising out of or aggravated by(a)war, invasion, act of foreign enemy, h

4、ostilities (whether war be declared or not), civil war, rebellion revolution, insurrection, mutiny, riot, strike, lock-out, civil commotion, military or usurped power, a group of malicious person or persons acting on behalf of or in connection with any political organization, conspiracy, confiscatio

5、n, commandeering, requisition or destruction or damage by order of any government de jure or de facto or by any public authority;(b)nuclear reaction, nuclear radiation or radioactive contamination;(c)wilful act or wilful negligence of the Insured or of his representatives;(d)cessation of work whethe

6、r total or partial.In any action, suit or other proceeding where the Insurers allege that by reasonof the provisions of Exclusion a) above any loss, destruction, damage or liability is not covered by this insurance the burden of proving that such loss, destruction, damage or liability is covered sha

7、ll be upon the Insured.Period of CoverThe liability of the Insurers shall commence notwithstanding any date to the contrary specified in the Schedule, directly upon commencement of work or after the unloading of the terms entered in the Sched ule at the site. The Insurers liability expires for parts

8、 of the Insured contract works taken over or put into service. At the latest theinsurance shall expire on the date specified in the Schedule. Any extensions of thePeriod of Insurance are subject to the prior written consent of the Insurers.General Conditions1.The due observance and fulfillment of th

9、e terms of this Policy in so far as theyrelate to anything to be done or complied with by the Insured and the truth of the statements and answers in the questionnaire and proposal made by the Insured shall be a condition precedent to any liability of the Insurers.2.The Schedule and the Sections(s) s

10、hall be deemed to be incorporated in andform part of this Policy and the expression “this Policy ” wherever used in thiscontract shall be read as including the Schedule and the Section(s). Any wordor expression to which a specific meaning has been attached in any part of this Policy or of the Schedu

11、le or of the Section(s) shall bear such meaning wherever it may appear.3.The Insured shall at his own expense take all reasonable precautions and comply with all reasonable recommendations of the Insurers to prevent loss, damage or liability and comply with statutory requirements and manufacturers r

12、ecommendations.4.a) Representatives of the Insurers shall at any reasonable time have the right to inspect and examine the risk and the Insured shall provide the representatives of the Insurers with all details and information necessary for the assessment of the risk.b)The Insured shall immediately

13、notify the Insurers by telegram and in writing of any material change in the risk and cause at his own expense such additional precautions to be taken as circumstances may require, and the scope of cover and/or premium shall, if necessary, be adjusted accordingly.No material alteration shall be made

14、 or admitted by the Insured whereby the risk is increased, unless the continuance of the insurance is confirmed in writing by the Insurers.5.In the event of any occurrence which might give rise to a claim under this Policy,the Insured shalla) immediately notify the Insurers by telephone or telegram

15、as well as in writing, giving an indication as to the nature and extent of loss or damage;b) take all steps within his power to minimize the extent of the loss or damage;c)preserve the parts affected and make them available for inspection by a representative or surveyor of the Insurers;d)furnish all

16、 such information and documentary evidence as the Insurers may require;e)inform the police authorities in case of loss or damage due to theft or burglary.The Insurers shall not in any case be liable for loss, damage or liability of which no notice has been received by the Insurers within fourteen (1

17、4) days of its occurrence.Upon notification being given to the Insurers under this condition, the Insured may carry out the repairs or replacement of any minor damage; in all other cases a representative of the Insurers shall have the opportunity of inspecting the loss or damage before any repairs o

18、r alterations are effected. If a representative of the Insurers does not carry out the inspection within a period of time which could be considered adequate under the circumstances, the Insured is entitled to proceed with the repairs or replacement.The liability of the Insurers under this Policy in

19、respect of any item sustaining damage shall cease if said item is not repaired properly without delay.6.The Insured shall at the expense of the Insurers do and concur in doing andpermit to be done all such acts and things as may be necessary or required by the Insurers in the interest of any rights

20、or remedies, or of obtaining relief or indemnity from parties (other than those insured under this Policy) to which the Insurers are or would become entitled or which is or would be subrogated to them upon their paying for or making good any loss or damage under this Policy, whether such acts and th

21、ings are or become necessary or required before or after the Insured s indemnification bhyetInsurers.7.If any difference arises as to the amount to be paid under this Policy (liability being otherwise admitted), such difference shall be referred to the decision of an arbitrator to be appointed in wr

22、iting by the parties in difference or, if they cannot agree upon a single arbitrator, to the decision of two arbitrators, one to be appointed in writing by each of the parties within one (1) calendar month after having been required in writing so to do by either of the parties, or, in case the arbit

23、rators do not agree, of an umpire to be appointed in writing by the arbitrators before the latter enter upon the reference. The umpire shall sitwith the arbitrators and preside at their meetings. The making of an award shall be a condition precedent to any right action against the Insurers.8.If a cl

24、aim is in any respect fraudulent, or if any false declaration is made or used in support thereof, or if any fraudulent means or devices are used by the Insured or anyone acting on his behalf to obtain any benefit under this Policy, or if a claim is made and rejected and no action or suit is commence

25、d within three (3) months after such rejection or, in the case of arbitration taking place as provided herein, within three (3) months after the arbitrator or arbitrators or umpire have made their award, all benefit under this Policy shall be forfeited.9.If at the time any claim arises under the Pol

26、icy there is any other insurance covering the same loss, damage or liability, the Insurers shall not be liable to pay or contribute more than their rateable proportion of any claim for such loss, damage or liability.Section I -Material DamageThe Insurers hereby agree with the Insured that if at any

27、time during the period of cover the items or any part thereof entered in the Schedule shall suffer any un foresee n and sudde n physical loss or damage from any cause, other tha n those specifically excluded, in a manner necessitating repair or replacement, the Insurers will indemnify the In sured i

28、n respect of such loss or damage as here in after provided by payme nt in cash, replaceme nt or repair (at their own opti on) up to an amount not exceeding in respect of each of the items specified in the Schedule the sum set opposite thereto and not exceedi ng in any one eve nt the limit of indemni

29、ty where applicable and not exceeding in all the total sum expressed in the Schedule as in sured hereby.The Insurers will also reimburse the Insured for the cost of clearanee of debris follow ing upon any eve nt giv ing rise to a claim un der this Policy provided a separate sum therefore has been en

30、tered in the Schedule.Special Exclusi ons to Secti on IThe In surers shall not, however, be liable for(a)the deductible stated in the Schedule to be borne by the In sured inany one occurre nee;(b)con seque ntial loss of any kind or descripti on whatsoever in cludi ng pen alties, losses due to delay,

31、 lack of performa nee, loss of con tract;(c)loss or damage due to faulty desig n;(d)the cost of replacement, repair or rectification of defective materialand/or workmanship, but this exclusion shall be limited to the itemsimmediately affected and shall not be deemed to exclude loss of or damage to c

32、orrectly executed items resulting from an accident due tosuch defective material an d/or workma nship;(e)wear and tear, corrosi on, oxidati on, deteriorati on due to lack of use and no rmal atmospheric con diti ons;(f)loss or damage due to electrical or mechanical breakdown, failure,breakage or derangement, freezing of coolant or other fluid, defectivelubrication or lack of oil or coolant, but if as a consequenee of suchbreakdow n or dera ngeme nt an accide nt occurs caus ing exter nal damage,such con seque ntial damage shall be indemn ifiable;(g)loss of or damag