CIC保险条款-ICC

Conditions and Clauses of Ocean Marine Insurance

Section 1 Conditions and Clauses of China Insurance Clauses (CIC)

——————————————————

The People’s Insurance Company of China

Head office: BEIJING

Established in 1949

MARINE CARGO TRANSPORTATION INSURANCE POLICY

Invoice No.

Policy No.

This Policy of Insurance witnesses that the People’s Insurance Company

of

China

（

hereinafter

called

“the

Company”

）

,

at

the

request

of

※※※（

hereinafter

called

“the

Insured”

）

and

in

consideration

of

the

agreed premium paid to the Company by the Insured, undertakes to insure

the undermentioned goods in

transportation subject

to the

conditions of

the policy as per the Clauses printed overleaf and other special Clauses

attached hereon.

Marks & Nos.

Quantity

Description

of Goods

Amount

Insured

Total Amount Insured

Premium as arranged

Rate as arranged

Per Conveyance S.S

Slg on or abt.

From

to

Conditions:

Claims,

if

any,

payable

on

surrender

of

this

policy

together

with

other

relevant documents. In the event of accident whereby loss or damage may

result in a claim under this policy, immediate notice applying for survey

must be given to the Company’s Agent as mentioned hereunder.

Claim payable at

Address of Issuing Office

Date

AUTHORITY SIGNATURE

111

The People’s Insurance Company of China

Ocean Marine Cargo Clauses

Ⅰ

. Scope of Cover

This

insurance

is

classified

into

the

following

three

Conditions

—

Free

From Particular Average

（

F.P.A.

）

, With Average

（

W.A.

）

and All Risks.

Where the goods insured hereunder sustain loss or damage, the Company

shall undertake to indemnify

（赔偿）

therefore according to the Insured

Condition

（承保险种）

specified in the Policy and the Provisions of the

Clauses:

1. Free From Particular Average

（

F.P.A.

平安险）

1)

Total

or

Constructive

Total

Loss

of

the

whole

consignment

hereby

insured

caused

in

the

course

of

transit

by

natural

calamities

—

heavy

weather, lightning, tsunami, earthquake and flood. In case a constructive

total

loss

is

claimed

for,

the

Insured

shall

abandon

（委付）

to

the

Company

the damaged goods

and

all

rights

and

title

pertaining

thereto.

The goods on each lighter

（

驳船）

to or from the seagoing vessel shall be

deemed a separate risk.

“

Constructive Total Loss refers to the loss where an actual loss appears to

unavoidable or the cost to be incurred in recovering or reconditioning the

goods together with the forwarding cost to the destination named in the

Policy would exceed their value on arrival”

.

（由自然灾害引起的全部损失）

2)

Total

or

Partial

Loss

caused

by

accidents

—

the

carrying

conveyance

being grounded, stranded, sunk or in collision with floating ice or other

objects as well as fire or explosion.

（由意外事故引起的全部或者部分损失）

3)

Partial

loss

of

the

insured

goods

attributable

to

heavy

weather,

lightning

and/or

tsunami,

where

the

conveyance

has

been

grounded,

stranded, sunk or burnt

（意外事故）

, irrespective of where the event or

events took place before or after such accidents.

（在前后发生过意 外事

故的前提下，由自然灾害引起的部分损失。

）

4)

Partial

or

total

loss

consequent

on

falling

of

entire

package

or

packages into sea during loading, transshipment or discharge.

（吊索损

害，

sling loss

）

5)

Reasonable

cost

incurred

by

the

Insured

in

salvaging

the

goods

or

averting or minimizing a loss recoverable under the Policy, provided that

such cost shall not exceed the sum insured of the consignment so saved.

（施救费用）

6)

Losses

attributable

to

discharge

of

the

insured

goods

at

a

port

of

distress

（遇难港）

following a sea peril as well as special charges arising

from

loading,

warehousing

and

forwarding

of

the

goods

at

an

intermediate port of call or refuge.

（中途挂靠港或避难港）

（海难损失及费用）

7)

Sacrifice in and Contribution to General Average and Salvage Charges

（救助费用）

.

8)

Such

proportion

of

losses

sustained

by

the

shipowners

as

is

to

be

reimbursed by the Cargo Owner under the Contract of Affreightment of

“Both to

Blame

Co llision”clause.

（货主在

“

< br>双方有责碰撞

”

条款下应当

承担 的赔偿责任）

2. With Average

（

W.A.

）

（水渍险）< /p>

Aside

from

the

risks

covered

under

F.P

.A.

condition

as

above,

this

insurance also covers partial losses of the insured goods caused by heavy

weather, lightning, tsunami, earthquake and/or flood.

（在平安险的基础

上，对于由自然 灾害引起的部分损失进行无条件的赔偿）

3. All Risks

（一切险）

Aside from the risks covered under F.P.A. and W.A. conditions as above,

this

insurance

also

covers

all

risks

of

loss

of

or

damage

to

the

insured

goods whether partial or total, arising from external causes in the course

of transit.

（在水渍险的基础上，对于由一般外来风险引起的全部或者

部分损失进行赔偿）

Ⅱ

. Exclusions

This insurance does not cover

：

1.

Loss or damage caused by the intentional act or fault of the Insured.

2.

Loss or damage falling under the liability of the consignor

发货人

.

3.

Loss

or

damage

from

inferior

quality

质量低劣

or

shortage

of

the

insured goods prior to the attachment of this insurance.

4.

Loss or damage arising from normal loss, inherent vice

内在缺陷

or

nature of the insured goods, loss of market and/or delay in transit and any

expenses arising therefrom.

5.

Risks and liabilities covered and excluded by the ocean marine cargo

war

risks

clauses

and

strike,

riot

and

civil

commotion

clauses

of

this < /p>

Company.

（战争险和罢工险所承保的以及所排除的风险）

Ⅲ

. Commencement and Termination of Cover

1.

Warehouse to Warehouse Clause

This insurance

attaches

from the time the goods hereby insured leave the

warehouse or place of storage named in the Policy for the commencement

of

the

transit

and

continues

in

force

in

the

ordinary

course

of

transit

including sea, land and inland waterway transit and transit in lighter

until

the

insured

goods

are

delivered

to

the

consignee’s

final

w

arehouse

or

place

of

storage

at

the

destination

named

in

the

Policy

or

to

any

other

place used by the Insured for allocation or distribution of the goods or for

storage other than in the ordinary course of transit

（

在 正常运输之外的被

被保险人用于分配、分发或者储存货物的其他场所）

< br>.

This

insurance

shall, however, be limited to sixty

（

60

）

days after completion of discharge

of

the

insured

goods

from

the

seagoing

vessel

at

the

final

port

of

discharge before they reach the above mentioned warehouse or place of

storage. If prior to the expiry of the above mentioned sixty

（

60

）

days, the

insured goods are to forwarded to a destination other than that named in

the

Policy,

this

insurance

shall

terminate at

the

commencement

of

such

transit.

2.

If,

owning

to

delay,

deviation,

forced

discharge,

reshipment

or

transshipment

beyond

the

control

of

the

Insured

or

any

change

or

termination of the voyage arising from the exercise of a liberty granted to

the

shipowners

under

the

contract

of

affre ightment

（运输合同）

,

the

insured goods arrive at a port or place other than that named in the Policy,

subject to

immediate notice being given to the Company by the Insured

and

an

additional

premium

being

paid,

if

required

,

this

insurance

shall

remain in force

保持有效

and shall terminate

终止

as hereunder:

1)

If

the

insured

goods

are

sold

at

port

or

place

not

named

in

the

Policy, this insurance shall terminate on delivery of the goods sold, but in

no event

绝对不能

shall this insurance extend beyond sixty

（

60

）

days

after

completion

of

discharge

of

the

insured

goods

from

the

carrying

vessel at such port or place.

（货物中途变卖）

2)

If

the

insured

goods

are

to

be

forwarded

运送

to

the

final

destination

named

in

the

Policy

or

any

other

destination,

this insurance

shall terminate in accordance with Section 1) above.

（继续将货物运达最终目的地）

Ⅳ

. Duty of the Insured

It is the duty of the Insured to attend to all matters as specified hereunder,

failing which the Company reserves the right to reject his claim for any

loss if and when

如果；万一

such failure prejudice

侵害到

the rights of

the Company.

1.

The Insured shall take delivery of the insured goods in good time

及时

地；迅速地

upon

their

arrival

at

the

port

of

destination

named

in

the

Policy. In the event of

如果

any damage to the goods, the Insured shall

immediately

apply

for

survey

to

the

survey

and/or

settling

agent

stipulated

确定

in

the

Policy.

If

the

insured

goods

are

found

short

in

entire package or packages or to show apparent

traces

痕迹

of damage,

the Insured shall obtain from the carrier, bailee

受托人

or other relevant

authorities

（

Custom and Port Authorities etc.

）

certificate of loss or damage

and/or

shortland

memo.

Should

the

carrier,

bailee

or

the

other

relevant

authorities be responsible for such shortage or damage, the Insured shall

lodge

a

claim

with

them

in

writing

and,

if

necessary,

obtain

their

confirmation

批准

of

an

extension

of

the

time

limit

of

validity

of

such

claim.

2.

The

Insured

shall,

and

the

Company

may

also,

take

reasonable

measures

immediately

in

salvaging

抢救

the

goods

or

preventing

or

minimizing

a

loss

or

damage

thereto.

The

measures

so

taken

by

the

Insured

or

by

the

Company

shall

not

be

considered

respectively,

as

a

waiver

放弃

of abandonment

委付

hereunder, or as an acceptance

接受

ther eof.

（被保险人的施救费用）

3.

In case of a change of voyage or any omission

遗漏

or error

差错

in

the description

说明

of the interest

（货物）

, the name of the vessel or

voyage, this insurance shall remain in force only upon

prompt notice

to

this Company when the Insured becomes aware of the same and

payment

of an additional premium

if required.

4.

The

following

documents

should

accompany

any

claim

hereunder

made against the Company:

?

?

?

?

?

?

?

Original Policy,

Bill of Lading,

Invoice,

Packing List,

Tally Sheet,

Weight Memo,

Certificate of Loss or Damage

and/or Shortland Memo,

货损货差证明

?

?

Survey Report,

Statement of Claim.

检验报告

索赔清单

保险单原件

提单

发票

装箱单

理货单

磅码单

If any third party is involved, documents relative to pursuing of recovery

from such party should also be included.

5.

Immediate

notice

should

be

given

to

the

Company

when

the

Cargo

Owner’s actual responsibility under

the Contract of Affreightment

“

Both

to

Blame

Collision

”

Clause

运输合同中的双方有责碰撞条款

bec omes

known.

Ⅴ

. The Time of Validity of a Claim

The

time

of

validity

of

a

claim

under

this

insurance

shall

not

exceed

a

period of

two years

counting from the time of completion of discharge of

the insured goods from the seagoing vessel at the final port of discharge

.

111

The People’s Insurance Company of China

Ocean Marine Cargo War Risk Clauses

Ⅰ

. Scope of Cover

This insurance covers

：

1.

Loss

of

or

damage

to

the

insured

goods

caused

directly

by

or

consequent upon

随后发生的

W

AR

战争

, WARLIKE OPERATIONS

类

似战争的行为

, HOSTILE ACTS

敌对行动

, ARMED CONFLICTS

武装

冲突

OR

PIRACY

海盗

;

2.

Loss

or

damage

caused

by

CAPTURE

捕

获

,

SEIZURE

拘< /p>

留

,

ARREST

扣留

,

RESTRAINT

限制

OR

DETAINMENT

扣押

arising

from the events in Section

Ⅰ

.1. above.

3.

Loss

or

damage

caused

by

conventional

weapons

常规武器

of

war

including mines

（鱼雷）

, torpedoes

（水雷）

and bombs

（炸弹）

.

4.

Sacrifice in and contribution

（分摊）

to General Average and Salvage

Charges

（第三方的救助费用）

arising from the risks covered hereunder.

Ⅱ

. Exclusions