Marine Cargo Insurance Provisions
I. Scope of Responsibility
This insurance is divided into three types: FPA, WPA and All Risks. When the insured goods suffer losses, this insurance shall be liable for compensation in accordance with the provisions stipulated in the policy for undertaking other insurance.
(1) FPA
This insurance is liable for compensation:
1. All or presumed total losses of the insured goods in transit due to adverse weather, thunder and lightning, tsunami, earthquake, flood and natural disasters. When the insured claims for the presumed total loss, the damaged goods and their rights shall be delegated to the insurance company. Where the insured goods are transported to or from a ship by barge, the cargo carried by each barge may be regarded as a whole lot. Presumptive total loss means that the actual total loss of the insured goods is unavoidable, or the cost of restoring, repairing the damaged goods and transporting the goods to the original destination exceeds the value of the goods at that destination.
2. All or part of the goods are lost due to grounding, reef striking, sinking, collision, collision with drifting ice or other objects, fire and explosion accidents.
3. In the case of accidents involving grounding, reef striking, sinking and burning of means of transport, the goods suffer part of the losses caused by natural disasters such as bad weather, thunder and lightning, tsunami and so on at sea.
4. All or part of the loss caused by one or more pieces of whole cargo falling into the sea during loading, unloading or transhipment.
5. The reasonable expenses paid by the insured for rescuing, preventing or reducing the damage to the goods at risk under the insurance liability shall not exceed the insured amount of the goods.
6. Losses caused by unloading at the port of refuge and special expenses incurred by unloading, warehousing and transporting goods at the halfway port and the port of refuge after the means of transport have been in maritime distress.
7. Sacrifice, apportionment and salvage expenses in general average.
8. The contract of carriage has a clause of "liability for collision between ships", according to which the cargo party shall reimburse the loss of the ship.
(2) WPA
In addition to the responsibilities of the above-mentioned FPA, this insurance is also responsible for part of the losses of the insured due to adverse weather, thunder and lightning, tsunami, earthquake, flood and natural disasters.
(3) All Risks
In addition to the above responsibilities of FPA and WPA, this insurance is also responsible for all or part of the loss of the insured goods in transit due to external causes.
Exclusive liability
This insurance is not liable for the following losses:
(1) Losses caused by the intentional act or negligence of the insured.
(2) Losses arising from the shipper's liability.
(3) Losses caused by poor quality or short quantity of insured goods before the commencement of insurance liability.
(4) Losses or expenses caused by natural losses, essential defects and characteristics of insured goods, market price drops and delays in transportation.
(5) The scope of liability and exclusion of liability stipulated in the War Risk Clauses for Maritime Carriage of Goods and the Strike Risk Clauses for Carriage of Goods of the Company.
3. Responsibility Starting and Disappointing
(1) This insurance is liable for "warehouse to warehouse" from the time when the insured goods are transported from the warehouse or storage place at the place of departure specified in the insurance policy, including sea, land, inland river and barge transportation in the normal course of transport, until the goods reach the final warehouse or storage place of the consignee at the destination specified in the insurance policy or the insured is used for distribution and distribution. Or other storage facilities for abnormal transportation. If not, the insured goods will be discharged from the vessel at the final unloading port for 60 days. If the insured goods are to be transported to the destination specified in the non-insurance policy within the above 60 days, they shall be terminated at the beginning of transhipment.
(2) The insured notifies the insurer in time of the arrival of the insured goods at the destination specified in the non-insurance policy due to the delay, bypass, forced unloading, re-loading, re-loading or termination of the contract of carriage by the insured, or any change of navigation or termination of the contract of carriage by the carrier under the authority conferred by the contract of carriage. In the case of premium, the insurance will remain valid. Insurance liability shall be terminated in accordance with the following provisions:
1. If the insured goods are sold at a destination other than the one specified in the policy, the insurance liability shall be up to the time of delivery, but in any case the insured goods shall be discharged from the vessel at the port of discharge for 60 days.
2. If the insured goods continue to be transported to the original destination or other destination contained in the insurance policy within the above 60-day period, the insurance liability shall still be terminated in accordance with the provisions of paragraph (1) above.
IV. Obligations of the Insured
The insured shall fulfil its obligations in accordance with the following provisions. If the failure to fulfil its obligations affects the interests of the insurer, the Company shall have the right to refuse compensation for the losses concerned.
(1) When the insured goods arrive at the destination port (place) specified in the insurance policy, the insured shall promptly take delivery of the goods. When any loss of the insured goods is found, the insured shall immediately apply to the inspection and claim settling agent specified in the insurance policy for inspection. If the insured goods are found to be short or markedly damaged, the carrier, the trustee or the relevant authority (customs, port, port or relevant authority) shall immediately apply for inspection. Authorities, etc.) Request proof of the difference between the damaged and the damaged goods. If the difference is caused by the liability of the carrier, the trustee or other parties concerned, a claim shall be filed in writing with them and, if necessary, an extension of the limitation period shall be certified.
(2) Both the insured and the company may take prompt and reasonable rescue measures to prevent or reduce the loss of goods that are in danger of being insured. This measure taken by the insured shall not be regarded as an indication of abandonment, nor shall the Company take such measure as an indication of acceptance of the abandonment.
(3) In the event of a change in voyage or discovery of omissions or errors in the cargo, name or voyage specified in the insurance policy, the insured shall notify the insurer immediately after learning of the change and pay an additional premium if necessary before the insurance continues to be valid.
(4) In making claims against the insurer, the following documents must be provided:
Original insurance policy, bill of lading, invoice, packing list, pound code sheet, cargo damage certificate, inspection report and claim list. If the third party's liability is involved, the relevant correspondence and other necessary documents or documents to be recovered from the responsible party shall also be provided.
(5) The insurer shall be promptly notified of the actual liability of the clause "Ship Collision Liability" in the contract of carriage.
V. Claim Term
The limitation of this insurance claim shall not exceed two years from the time when all the insured goods are discharged from the vessel at the final unloading port.