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中英对照__INSTITUTE_CARGO_CLAUSES_(C)

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2021-03-02 20:43
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2021年3月2日发(作者:limelight)


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

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-


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