厄普森产品责任险(涉外1995版)英文条款

2021年1月27日发(作者：临界点)
This
Policy
comprises
mainly
the
Schedule,
Scope
of
Cover,
Exclusions,
Treatment
of
Claim, Insured's Obligations, General

Conditions and Special Provisions, including also
the
Proposal of
Insurance
together
with
its
attachments
as
well
as
any
additions
to
be
made, from time to time, by the Company in the form of Endorsement.

CLAUSES
I.
SCOPE OF COVER

The
Company
will
indemnify
the
Insured
in
the
manner
and
within
the
limit
of
liability
specified in the Schedule against such sums as the Insured shall become legally liable to
pay in respect of claims made against the Insured arising from bodily injury to or illness or
death of or loss of or damage to property of one or more persons using, consuming or
handing
the
insured
products
or
goods,
or
of
any
other
persons
consequent
upon
an
occurrence taking place in the territory of coverage within the period of insurance caused
by products or goods manufactured or sold by the Insured stated in the Schedule.
In respect of any claim covered under this Policy, the Company shall in addition indemnify
the Insured against the relevant legal costs payable by the Insured and other expenses
incurred in the above mentioned occurrence with the prior written consent of the Company,
but the total liability of the Company for the sums of compensation and the legal costs and
expenses shall in no way exceed the limit of indemnity stated in the Schedule.
II.
EXCLUSIONS

The Company shall not be liable for:
1.
liability assumed in accordance with any agreement between the Insured and other
parties, unless such liability would have been attached to the Insured notwithstanding
such agreement;
2.
liability assumed by the Insured under any Labour Law or Workmen’s Compensation
Statute;
3.
liability of the Insured to employees which is based on the relationship of Master and
Servant;
4.
loss of or damage to the insured products;
5.
costs arising out of replacement or recall of the insured products;
6.
loss of or damage to property belonging to or held in care, custody or control of the
Insured;
7.
bodily injury, illness or death or damage to property sustained by any person caused
by products or goods manufactured or sold by the Insured in willful violation of any
law;
8.
liability
arising
out
of
pollution
of
any
kind
or
description
whatsoever
such
as
atmosphere, land and water caused by the insured products;
9.
liability for loss of or damage to the aircrafts or ships caused by the insured products;
10. liability for any consequence arising directly or indirectly from war, warlike operation,
hostilities, armed conflicts, terrorism, c
onspiracy insurrection, coup d’etat;

11. liability
for
any
consequence
arising
directly
or
indirectly
from
strike,
riot,
civil
commotion or malicious acts;
12. liability
arising
directly
or
indirectly
from
nuclear
fission,
nuclear
fusion,
nuclear
weapon, nuclear material, nuclear radiation and radioactive contamination;
13. fines, penalties, punitive or exemplary indemnities;
14. The deductibles stated in the Schedule or stipulated in the Policy to be borne by the
Insured.
III.
TREATMENT OF CLAIM

1.
In the event of any claim recoverable under this Policy:
1.1
no admission, rejection, offer, promise, payment or indemnity shall be
made
or
given
by
or
on
behalf
of
the
Insured
or
his
representative
without
the
written
consent of the Company. And the Company shall be entitled, if it so desires, to
take over and conduct in the name of the Insured the defense or settlement of any
claim;
1.2
the Company shall be entitled, at its own expense and for its own benefit, to lodge
in the name of the Insured any claim for indemnity against any persons. Without
the written consent of the Company, the Insured shall not accept the payment or
arrangement of indemnity in respect of the loss or damage offered by any party
held
responsible
for
such
loss
or
damage
and
shall
not
abandon
the
right
of
recovery
from
such
party,
otherwise,
the
Insured
shall
be
liable
for
any
consequence arising therefrom;
1.3
the Company shall have full discretion the conduct any proceedings or settle any
claim,
and
the
Insured
shall
give
all
such
information
and
assistance
as
the
Company may require.
2.
Bodily injury to or illness or death of or damage to property of more than one person
arising from same lot of products or goods manufactured, sold due to the same cause
shall be considered as resulting from one occurrence.
3.
The time of validity of a claim under this insurance shall not exceed a period of two
years counting from the date of loss.
IV.
INSURED’S OBLIGATIONS

The following Obligations shall be strictly fulfilled by the Insured and his representative:
1.
The
Insured
and
his
representative,
when
applying
for
insurance
shall
make
true
answers or descriptions to the questions in the Proposal and Questionaire or to any
other questions raised by the Company.
2.
The
Insured
and
his
representative
shall
pay
to
the
Company
in
due
course
the
agreed premium in the manner as provided in the Schedule and Endorsements.
3.
Upon expiration of this insurance, the Insured shall furnish in writing with a statement
of
actual
gross
receipts
by
products
or
goods
manufactured,
sold
by
the
Insured
during the currency of this insurance as basis for calculating the actual premium. In
the event the actual premium is more than the deposit premium, the Insured shall pay
the difference to the Company, if less, the Company will refund the difference to the
Insured. But in no case the actual premium shall be less than the minimum premium
as required.
The
Company
shall
have
the
right
to
require
of
the
Insured
at
any
time
within
the
insurance
period
a
statement
of
the
entire
amount
of
the
total
sales
of
products
or
goods manufactured, sold by the Insured during any specified part of the said period.