保赔协会船舶定期保险条款page298.docx

1、保赔协会船舶定期保险条款page298INSTITUTE TIME CLAUSES HULLSThis insurance is subject to English law and practice1.NAVIGATION(1)The vessel is covered subject to the provisions of this insurance at all times and has leave to sail or navigate with or without pilots, to go on trail trips and to assist and tow vesse

2、ls or craft in distress, but it is warranted that the Vessel shall not be towed, except as is customary or to the first safe port or place when in need of assistance, or undertake towage or salvage services under a contract previously arranged by the Assured and/or Owners and/or Managers and/or Char

3、terers. This Clause shall not exclude customary towage in connection with loading and discharging.(2)In the event of the event being employed in trading operations which entail cargo loading or discharging at sea from or into another vessel (not being a harbour or inshore craft) no claim shall be re

4、coverable under this insurance for loss of or damage to the vessel or liability to any other vessel arising from such loading or discharging operations, including whilst approaching, lying alongside and leaving, unless previous notice that the vessel is to be employed in such operations has been giv

5、en to the Underwriters and any amended terms of cover and any additional premium required by them have been agreed.(3)In the event of the Vessel sailing (with or without cargo) with an intention of being (a) broken up, or (b) sold for breaking up, any claim for loss of or damage to the Vessel occurr

6、ing subsequent to such sailing shall be limited to the market value of the Vessel as scrap at the time when the loss or damage is sustained, unless previous notice has been given to the Underwriters and any amendments to the terms of cover, insured value and premium required by them have been agreed

7、. Nothing in this Clause 1 (3) shall effect claims under Clauses 8 and/or 11.2.CONVENTIONShould the Vessel at the expiration of this insurance be at sea or in distress or at a port of refuge or of call, she shall, provided previous notice be given to the Underwriters, be held covered at a pro rata m

8、onthly to her port of destination.3.BREACH OF WARRANTHeld covered in case of any breach of warranty as to cargo, trade, locality, towage, salvage services or date of sailing, provides notice be given to the Underwriters immediately after receipt of advices and any amended terms or cover and addition

9、al premium required by them be agreed.4.TERMINATIONThis Clause 4 shall prevail notwithstanding any provision whether written typed or printed in this insurance inconsistent therewith.Under the Underwriters agree to the contrary in writing, this insurance shall terminate automatically at the time of4

10、.1 change of the Classification Society of the Vessel, or change, suspension, discontinuance, withdrawal or expiry of her Class therein, provided that if the Vessel is at sea such automatic termination shall be deferred until arrival at her next port. However where such change, suspension, discontin

11、uance or withdrawal of her Class has resulted from loss or damage covered by Clause 6 of this insurance or which would be covered by an insurance of the Vessel subject to current Institute War and Strikes Clauses Hulls Time such automatic termination shall only operate should the Vessel sail from he

12、r next port without the prior approval of the Classification Society.4.2 any change, voluntary or otherwise, in the ownership or flag, transfer to new management, or charter on a bareboat basis, or requisition for title or use of the vessel, provided that, if the Vessel has cargo on board and has al

13、ready sailed from her loading port or is at sea in ballast, such automatic termination shall if required be deferred, whilst the Vessel continues her planned voyage, until arrival at final port of discharge if with cargo or at port of destination if in ballast. However, in the event of requisition f

14、or title or use without the prior execution of a writer agreement by the Assured, such automatic termination shall occur fifteen days after such requisition whether the Vessel is at sea or in port.A pro rata daily net return of premium shall be made.5.ASSIGMENTNo assignment of or interest in this in

15、surance or in any moneys which may be or become payable thereunder is to be binding on or recognized by the Underwriters unless a dated notice of such assignment or interest signed by the Assured, and by the assignor in the case of subsequent assignment, is endorsed on the Policy and the Policy with

16、 such endorsement is produced before payment of any claim or return of premium thereunder.6.PERILS6.1 This insurance covers loss of or damage to the subject-matter insured caused by6.1.1 Perils of the seas rivers lakes or other navigable waters6.1.2 Fire, explosion6.1.3 Violent theft by persons from

17、 outside the vessel6.1.4 Jettison6.1.5 Piracy6.1.6 Breakdown of or accident to nuclear installations or reactor6.1.7 Contact with aircraft or similar objects, or objects falling therefrom, land conveyance, dock or harbour equipment or installation6.1.8 Earthquake volcanic eruption or lighting 6.2 Th

18、is insurance covers loss of or damage to the subject-matter insured caused by6.2.1 Accident in loading or discharging or shifting cargo or fuel 6.2.2 Bursting of boilers breakage of shafts or any latent defect in the machinery or hull6.2.3 Negligence of Master or officers or Crew or Pilots.6.2.4 Neg

19、ligence of repairs or charterers provided such repairers or charterers are not an assured hereunder.6.2.5 Barratry of Master officers CrewProvided such loss or damage has not resulted from want of due diligence by the Assumed, Owners or Managers6.3 Master officers Crew or Pilots not to be considered

20、 Owners within the meaning of this Clause 6 should they hold shares in the Vessel.7.POLLUTION HAZARDThis insurance covers loss of or damage to the Vessel caused by any governmental authority acting under the powers vested in it to prevent or mitigate a pollution hazard, or threat thereof, resulting

21、directly from damage to the vessel for which the Underwriters are liable under this insurance, provided such act of governmental authority has not resulted from want of due diligence by the Assumed, the Owners, or Managers of the Vessel or any of them to prevent or mitigate such hazard or threat, Ma

22、ster, Officers, Crew or Pilots not to be considered Owners within the meaning of this Clause 7 should they hold shares in the vessel.8.3/4THS COLLITION LIABILITY8.1 The Underwriters agree to indemnity the Assumed for three-fourths of any sum or sums paid by the Assumed to any other person or persons

23、 by reason of the Assumed becoming legally liable by way of damages for8.1.1 loss of or damage to any other vessel or property on any other vessel8.1.2 delay to or loss of use of any such other vessel or property thereon8.1.3 general average of, salvage of, or salvage under contract of, any such oth

24、er vessel or property thereon.Where such payment by the Assumed is in consequence of the Vessel hereby insured coming into collision with any other vessel.8.2 The indemnity provided by this Clause 8 shall be in addition to the indemnity provided by the other terms and conditions of this insurance an

25、d shall be subject to the following provisions:8.2.1 Where the insured Vessel in collision with another vessel and both vessels are to blame then, unless the liability of one or both vessels becomes limited by law, the indemnity under this Clause 8 shall be calculated on the principle of cross-liabi

26、lities as if the respective Owners has been compelled to pay to each other such proportion of each others damages as may have been properly allowed in ascertaining the balance or sum payable by or the Assumed in consequence of the collision.8.2.2 In no case shall the Underwriters total liability und

27、er Clause 8.1 and 8.2 exceed their proportionate part of three-fourths of the insured value of the Vessel hereby insured in respect of any one collision.8.3 The Underwriters will also pay three-fourths of the legal costs incurred by the Assumed or which the Assumed may be compelled to pay in contest

28、ing liability or taking proceedings to limit liability, with the prior written consent of the Underwriters.EXCUSIONS8.4 Provided always that this Clause 8 shall in no case extend to any sum which the Assumed shall pay for or in respect of 8.4.1 Removal or disposal of obstructions, wrecks, cargoes or

29、 any other thing whatsoever 8.4.2 Any real or personal property or thing whatsoever except other vessels or property on other vessels8.4.3 The cargo or other property on, or the engagements of, the insured Vessel8.4.4 Loss of life, personal injury or illness8.4.5 Pollution or contamination or any re

30、al or personal property or thing whatsoever (except other vessels with which the insured Vessel is in collision or property on such other vessels)9.SISTERSHIPShould the Vessel hereby insured come into collision with or receive salvage services from another vessel belonging wholly or in part to the s

31、ame Owners or under the same management, the Assumed shall have the same rights under this insurance as they would have were the other vessel entirely the properly of Owners not interested in the Vessel hereby insured; but in such cases the liability for the collision or the amount payable for the s

32、ervices rendered shall be referred to a sole arbitrator to be agreed upon between the Underwriters and the Assumed.10. NOTICE OF CLAIM AND TENDERS10.1 In the event of accident whereby loss or damage may result in claim under this insurance, notice shall be given to the Underwriters prior to survey and also, if the Vessel is abroad, to the nearest Lloyds Agent so that a surveyor may be appointed to represent the Underwriters should they so desire.10.2 The Underwriters shall be entitled to decide the port to which the Vessel shall proceed for docking or repair (the actua