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INSTITUTE CARGO CLAUSES (C)
RISKS COVERED
1.
This insurance covers, except as
provided in Clauses 4, 5, 6 and 7
below,
1.1
loss
of or damage to the subject-matter insured
reasonably attributable to
1.1.1
fire or
explosion
1.1.2
vessel or craft being stranded grounded
sunk or capsized
1.1.3
overturning or derailment of land
conveyance
1.1.4
collision or contact of vessel craft or
conveyance with any external
object
other than water
1.1.5
discharge of cargo at a port of
distress,
1.2
loss or damage
to the subject-matter insured caused by
1.2.1
general average
sacrifice
1.2.2
jettison.
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
Clause as is
in respect of 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
Risks Clause
General
Average
Clause
to
Blame
Collision
Clause
General
Exclusions
Clause
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
but only
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
deliberate
damage to or deliberate destruction of the
subject-matter insured
or any part
thereof by the wrongful act of any person or
persons
4.8
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.
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, and the consequences thereof
or any attempt thereat
Unseaworthiness
and
Unfitness
Exclusion Clause
War Exclusion
Clause
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
Strikes
Exclusion
Clause
Transit Clause
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.
9.
If owing to circumstances beyond the
control of the Assured either the
contract of carriage is terminated at a
port or place other than the destination named
therein or the transit is otherwise
terminated before delivery of the goods as
provided
for in Clause 8 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.
Termination
of
Contract
of
Carriage Clause
Change
of
V
oyage Clause
Insurable Interest
Clause
Forwarding
Charges Clause