seal中英对照 INSTITUTE CARGO CLAUSES(A)教程文件

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INSTITUTE CARGO CLAUSES (A)

RISKS COVERED

1

This insurance covers all risks of loss of or damage to the subject-matter insured except

as provided in Clauses 4, 5, 6 and 7 below.

2

This insurance covers general average and salvage charges, adjusted or determined

according to the contract of affreightment and/or the governing law and practice,

incurred to avoid or in connection with the avoidance of loss from any cause except

those excluded in Clauses 4, 5, 6 and 7 or elsewhere in this insurance.

3

This insurance is extended to indemnify the Assured against such proportion of liability

under the contract of affreightment

a loss recoverable hereunder. In the event of any claim by shipowners under the said

Clause the Assured agree to notify the Underwriters, who shall have the right, at their

own cost and expense, to defend the Assured against such claim.

EXCLUSIONS

4

In no case shall this insurance cover

4.1

loss damage or expense attributable to wilful misconduct of the Assured

4.2

ordinary leakage, ordinary loss in weight or volume, or ordinary wear and tear

of the subject-matter insured

4.3

loss damage or expense caused by insufficiency or unsuitability of packing or

preparation of the subject- matter insured (for the purpose of this Clause 4.3

when such stowage is carried out prior to attachment of this insurance or by the

Assured or their servants)

4.4

loss damage or expense caused by inherent vice or nature of the subject- matter

insured

4.5

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)

4.6

loss damage or expense arising from insolvency or financial default of the

owners managers charterers or operators of the vessel

4.7

loss damage or expense arising from the use of any weapon of war employing

atomic or nuclear fission and/or fusion or other like reaction or radioactive

force or matter.

5

5.1 In no case shall this insurance cover loss damage or expense arising from

unseaworthiness of vessel or craft,

unfitness of vessel craft conveyance container or liftvan for the safe

carriage of the subject-matter insured,

where the Assured or their servants are privy to such unseaworthiness or

unfitness, at the time the subject- matter insured is loaded therein.

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Risks

Clause

General

Average Clause

Collision

Clause

General

Exclusions

Clause

Unseaworthines

s and Unfitness

Exclusion

Clause

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5.2

The Underwriters waive any breach of the implied warranties of seaworthiness

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

unseaworthiness or unfitness.

6

In no case shall this insurance cover loss damage or expense caused by

6.1

war civil war revolution rebellion insurrection, or civil strife arising therefrom,

or any hostile act by or against a belligerent power

6.2

capture seizure arrest restraint or detainment (piracy excepted), and the

consequences thereof or any attempt thereat

6.3

derelict mines torpedoes bombs or other derelict weapons of war

7

In no case shall this insurance cover loss damage or expense

7.1

caused by strikers, locked-out workmen, or persons taking part in labour

disturbances, riots or civil commotions

7.2

resulting from strikes, lock-outs, labour disturbances, riots or civil commotions

7.3

caused by any terrorist or any person acting from a political motive.

DURATION

8

8.1 This insurance attaches from the time the goods leave the warehouse or place of

storage at the place named herein for the commencement of the transit,

continues during the ordinary course of transit and terminates either

8.1.1

on delivery to the Consignees' or other final warehouse or place of storage at

the destination named herein,

8.1.2

on delivery to any other warehouse or place of storage, whether prior to or at

the destination named herein, which the Assured elect to use either

8.1.2.1

for storage other than in the ordinary course of transit or

8.1.2.2

for allocation or distribution,

or

8.1.3

on the expiry of 60 days after completion of discharge overside of the goods

hereby insured from the oversea vessel at the final port of discharge,

whichever shall first occur.

8.2

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

forwarded to a destination other than that to which they are insured hereunder,

this insurance, whilst remaining subject to termination as provided for above,

shall not extend beyond the commencement of transit to such other destination.

8.3

This insurance shall remain in force (subject to termination as provided for

above and to the provisions of Clause 9 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 shipowners or charterers under the contract of affreightment.

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War Exclusion

Clause

Strikes

Exclusion

Clause

Transit Clause

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9

If owing to circumstances beyond the control of the Assured either the contract of

Termination of

carriage is terminated at a port or place other than the destination named therein or the

Contract of

transit is otherwise terminated before delivery of the goods, as provided for in Clause 8

Carriage Clause

above, then this insurance shall also terminate

unless prompt notice is given to the

Underwriters and continuation of cover is requested when the insurance shall remain in

force, subject to an additional premium if required by the Underwriters,

either

9.1

until the goods are sold and delivered at such port or place, or, unless otherwise

specially agreed, until the expiry of 60 days after arrival of the goods hereby

insured at such port or place, whichever shall first occur,

or

9.2

if the goods are forwarded within the said period of 60 days (or any agreed

extension thereof) to the destination named herein or to any other destination,

until terminated in accordance with the provisions of Clause 8 above.

10

Where, after attachment of this insurance, the destination is changed by the Assured,

held covered at a premium and on conditions to be arranged subject to prompt notice

being given to the Underwriters.

CLAIMS

11

11.1

In order to recover under this insurance the Assured must have an insurable

interest in the subject-matter insured at the time of the loss.

11.2

Subject to 11.1 above, the Assured shall be entitled to recover for insured loss

occurring during the period covered by this insurance, notwithstanding that the

loss occurred before the contract of insurance was concluded, unless the

Assured were aware of the loss and the Underwriters were not.

12

Where, as a result of the operation of a risk covered by this insurance, the insured transit

is terminated at a port or place other than that to which the subject-matter is covered

under this insurance, the Underwriters will reimburse the Assured for any extra charges

properly and reasonably incurred in unloading storing and forwarding the subject- matter

to the destination to which it is insured hereunder.

This Clause 12, which does not apply to general average or salvage charges, shall be

subject to the exclusions contained in Clauses 4, 5, 6 and 7 above, and shall not include

charges arising from the fault negligence insolvency or financial default of the Assured

or their servants.

13

No claim for Constructive Total Loss shall be recoverable hereunder unless the subject-

matter insured is reasonably abandoned either on account of its actual total loss

appearing to be unavoidable or because the cost of recovering, reconditioning and

forwarding the subject-matter to the destination to which it is insured would exceed its

value on arrival.

14

14.1

If any Increased Value insurance is effected by the Assured on the cargo

insured herein the agreed value of the cargo shall be deemed to be increased to

the total amount insured under this insurance and all 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.

In the event of claim the Assured shall provide the Underwriters with evidence

of the amounts insured under all other insurances.

14.2

Where this insurance is on Increased Value the following clause shall

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Change of

Voyage Clause

Insurable

Interest Clause

Forwarding

Charges Clause

Constructive

Total Loss

Clause

Increased

Value Clause

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apply:

The agreed value of the cargo shall be deemed to be equal to the total amount

insured under the primary insurance and all 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.

In the event of claim the Assured shall provide the Underwriters with evidence

of the amounts insured under all other insurances.

Not to Inure

Clause

BENEFIT OF INSURANCE

15

This insurance shall not inure to the benefit of the carrier or other bailee.

MINIMISING LOSSES

16

It is the duty of the Assured and their servants and agents in respect of loss recoverable

hereunder

16.1

to take such measures as may be reasonable for the purpose of averting or

minimising such loss,

and

16.2

to ensure that all rights against carriers, bailees or other third parties are

properly preserved and exercised

and the Underwriters will, in addition to any loss recoverable hereunder,

reimburse the Assured for any charges properly and reasonably incurred in

pursuance of these duties.

17

Measures taken by the Assured or the Underwriters 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.

Duty of

Assured Clause

Waiver Clause

AVOIDANCE OF DELAY

18

It is a condition of this insurance that the Assured shall act with reasonable despatch in

all circumstances within their control.

Reasonable

Despatch

Clause

English Law

and Practice

Clause

LAW AND PRACTICE

19

This insurance is subject to English law and practice.

NOTE:- It is necessary for the Assured when they become aware of an event which is

covered

under this insurance to give prompt notice to the Underwriters and the right to such

cover is dependent

upon compliance with this obligation.

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参考译文

协会货物保险

A

条款

承保风险

（风险条款）

1

< br>本保险承保保险标的的损失或损害的一切风险，但不包括下

列第

< br>4

、

5

、

6

和

7

条规定的除外责任。

（共同海损条款）

2

本保险承保根据运输合同、有关法律和惯例理算或确定的共

同海损和救助费用，其产生是为了避免任何原因造成的损失

或用 于避免任何原因造成的损失有关，但此种原因须不是本

保险第

4

、

5

、

6

、

7

条或其他条文除外的危险。

（

双方有责碰撞

条款）

3

本保险扩展赔偿被保险人诸如下文可补偿的损失方面根据运

输合同中的

双方有责碰撞

条款的比例责任部分。在船东根

据此条款提出索赔的情况下，被保险人同意通知保险人， 保

险人有权自负费用为被保险人对此种索赔提出答辩。

除外责任

（普通除外条款）

4

本保险绝不承担：

4.1

可归咎于被保险人的蓄意恶行的损失、损害或费用。

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