Appendix I - General - Additional Insurances - Pursuant to Clause 4

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Appendix I - General - Additional Insurances - Pursuant to Clause 4

Additional insurances as provided in Clause 4 may be afforded by the Club for the following risks:

Extended Cargo Cover

[Note: the terms and conditions for this cover can be obtained from

the Managers]

Passengers Extension Cover

[Note: the terms and conditions for this cover can be obtained from

the Managers]

Contractual Extension Cover

A.     General Terms and Conditions of Cover

Pursuant and subject to Clause 4 of the Charterers Terms & Conditions, the cover afforded to the Assured in respect of the entered ship includes the risks set out in (B) below but subject always to (C) below.

B. Risks Covered

This insurance covers the above-named Assured, in its capacity as Charterer, in respect of risks set out in Clause 2 incurred under a contract, which imposes liability on the Assured irrespective of its fault or contains terms more onerous than Knock for Knock, to the extent that such risks arise out of operations or activities ordinarily carried on by, or ordinarily at the risk and responsibility of, a Charterer. This insurance is subject to the conditions set out in (C) below.

For the purpose of this insurance, Knock for Knock means a provision or provisions stipulating that:

i.       each party to a contract shall be similarly responsible for loss of or damage to, and/or death of or injury to, any of its own property or personnel, and/or the property or personnel of its contractors and/ or of its and their sub-contractors and/or of other third parties; and that

ii.      such responsibility shall be without recourse to the other party and arise notwithstanding any fault or neglect of any part; and that

iii.     each party shall, in respect of those losses, damages or other liabilities for which it has assumed responsibility under i) above, correspondingly indemnify the other party against any liability that that party shall incur in relation thereto.

C. Other Terms and Conditions

1.    There shall be no cover under this insurance unless the contract has been approved by the Managers.

2.    The Assured’s right of recovery is restricted to the amount to which the Assured may limit liability pursuant to any rule of law, provided always that the maximum recovery under this insurance is limited in accordance with limits and deductibles set out in the certificate of entry.

3.      When the Assured, as a result of an event for which it is covered under this insurance has obtained extra revenue, saved costs or expenses or avoided liability or loss which would otherwise have been incurred and which would not have been covered under this insurance, the Club may deduct from the amount payable under this insurance an amount corresponding to the benefit obtained.

4.      This insurance excludes any liabilities, losses, costs and expenses insurable under the Assured’s standard cover in the Club in accordance with the Charterers Terms & Conditions current at the time of the event from which such liability, loss or damage arises.

5.      This insurance excludes liabilities, losses, costs or expenses which are covered by any public or private insurance required by any applicable legislation, or which would have been covered if such insurance had been taken out.

6.      This insurance excludes general monetary loss, loss of time, loss through price or currency fluctuations, loss of market or similar losses howsoever caused.

 

Charterers’ Liability for Detention of the entered ship

 

       A      General Terms and Conditions of Cover

Pursuant and subject to Clause 4 of the Charterers Terms & Conditions, it is hereby agreed that the cover afforded to the above-named Assured in its capacity as Charterer in respect of the entered ship includes the risks set out in (B) below but subject always to (C) below.

 

B      Risks covered - Liability for Detention of the entered ship

This insurance covers the Assured’s liability to the Owner and/or other parties interested in the entered ship, incurred by the Assured as Charterer of the entered ship for liabilities arising out of Detention.

For the purpose of this insurance, “Detention” means that while on charter to the Assured, the ship is prevented from performing the service required of it, save where caused by or arising out of the following circumstances:

a)     Seizure, arrest, attachment or other delay of the entered ship for the purpose of collecting payment of a legally enforceable debt;

b)     Insolvency of any party;

c)      Failure to comply with requirements of the entered ship’s classification society;

d)     Failure to comply with statutory requirements of the state of the entered ship’s flag relating to the construction, condition, fitment, equipment, manning, safe operation, security and management of the entered ship;

e)     Failure to maintain the validity of statutory certificates that are issued by or on behalf of the state of the entered ship’s flag in relation to the matters listed in (c) to (d) above.

f)       This insurance excludes the Assured’s liability to pay hire, freight, demurrage, ice demurrage or any other remuneration for the use or loss of use of the entered ship or for the services to be performed by the entered ship, however and whenever arising.

            C      Other Terms and Conditions

1.    This insurance excludes all liability, loss and damage insurable under the Assured’s standard covers as set out in Clause 2, in accordance with the Charterers Terms & Conditions current at the time of the event from which such liability, loss or damage arises.

2.    This insurance applies only where the Assured has chartered the entered ship under a form of charterparty approved in writing by the Club.

3.    This insurance covers the legal liability of the Assured when the claim arises from ships loading or discharging “not always afloat but safely aground” in any port or place where this is customary practice, provided that the charterparty is specifically claused to allow such operations.

4.    The Assured’s right of recovery is restricted to the amount to which the Assured may limit liability pursuant to any applicable law, provided always that the maximum recovery under this insurance is limited in accordance with deductibles and limits set out in the certificate of entry.

Loss of, or Damage to, Charterers’ Bunkers

A.    General Terms and Conditions of Cover

Pursuant and subject to Clause 4 of the Charterers Terms & Conditions, cover afforded to the above-named Assured in its capacity as Charterer in respect of the entered ship includes the risks set out in (B) below but subject always to (C) below.

B.    Risk Covered

Bunkers’ value as declared. Policy proof of interest. Full interest admitted.

C.   Other Terms and Conditions

Cover in accordance with Institute Cargo Clauses (C) 1/1/82 CL.254, Institute War Clauses (Cargo) 1/1/82 CL.255, Institute Strike Clauses (Cargo) 1/1/82 CL.256.

This insurance applies only where the Assured has chartered the entered ship under a form of charterparty approved in writing by the Club. The maximum recovery under this insurance is limited in accordance with deductibles and limits set out in the certificate of entry.

Cargo Owner/Trader Extension Cover (in respect of cargo carried on an entered ship)

A.   General Terms and Conditions of Cover

Pursuant and subject to Clause 4 of the Charterers Terms & Conditions, the cover afforded to the above-named Assured in its capacity as owner of cargo carried on an entered ship includes the risks set out in (B) below but subject always to (C) below.

B Risks Covered

Cargo Owners’ Legal Liability in respect of cargo carried on an entered ship:

Pursuant and subject to Clause 4 of the Charterers Terms & Conditions, this insurance covers liabilities, losses, costs or expenses in respect of risks set out in Clause 2 of the Charterers Terms & Conditions, incurred by the Assured, in respect of its owning interest in cargo being or having been carried on a ship entered in the Club, or during customary lighterage of the cargo to or from such ship.

 

C.   Other Terms and Conditions

1.      For the purpose of this insurance, “Cargo Owner” shall include buyer, seller, or holder of the Bill of Lading.

2.      The Assured’s right of recovery is restricted to the amount to which the Assured may limit liability pursuant to any applicable law, provided always that the maximum recovery under this insurance is limited in accordance with deductibles and limits set out in the certificate of entry.

3.      When the Assured, as a result of an event for which it is covered under this insurance has obtained extra revenue, saved costs or expenses or avoided liability or loss which would otherwise have been incurred and which would not have been covered under this insurance, the Club may deduct from the compensation payable under this insurance an amount corresponding to the benefit obtained.

4.      This insurance excludes any liabilities, losses, costs and expenses insurable under the Assured’s standard cover as set out in Clause 2 in accordance with the Charterers Terms & Conditions current at the time of the event from which such liability, loss or damage arises.

5.      This insurance excludes liabilities, losses, costs and expenses in respect of damage to or loss or reduced value of cargo arising as a consequence of a condition, quality or specification of the cargo which existed prior to the cargo being accepted for carriage or which was caused by treatment or processing, including blending, of cargo other than treatment necessary for transportation.

6.      This insurance excludes any liabilities, losses, costs or expenses which are covered by any public or private insurance required by any applicable legislation, or which would have been covered if such insurance had been taken out.

 

5.    This insurance excludes general monetary loss, loss of time, loss through price or currency fluctuations, loss of market or similar losses howsoever caused.

6.    This insurance excludes liabilities, losses, costs and expenses in respect of personal injury, illness or death of any person of which the Assured has not submitted a notice of claim to the Club within five years from the expiry of the policy year in which the event giving rise to a claim occurred.

7.    The Club shall determine in its discretion in respect of the cover provided by this insurance when the event shall be deemed to have occurred and whether liabilities, losses, costs and expenses covered under this insurance in whole or in part shall be deemed to have arisen out of one or several events.

8.    This insurance excludes liabilities, losses, costs and expenses arising out of inherent defects in products or reliance upon a warranty or representation made in respect of the products.

9.    This insurance shall not include liabilities, losses costs and expenses caused by or arising in connection with the processing or manufacturing of cargo.

Cargo Owner/Trader Extension Cover (in respect of cargo carried on an entered ship – pollution liability only)

A       General Terms and Conditions of Cover

Pursuant and subject to Clause 4 of the Charterers Terms & Conditions, the cover afforded to the above-named Assured in its capacity as an owner of Cargo carried on an entered ship includes the risks set out in (B) below but subject always to (C) below.

B Risks Covered

Cargo Owners’ Pollution Liability in respect of cargo carried on an entered ship:

Pursuant and subject to Clause 4 of the Charterers Terms & Conditions, this insurance covers liabilities, losses, costs and expenses set out in Clause 2, Section 8 of the Charterers Terms & Conditions, incurred by the Assured, in respect of its owning interest in cargo being or having been carried on an entered ship, or during customary lighterage of the cargo to or from the entered ship, arising in consequence of the discharge or escape from the entered ship or the lighter of such cargo, or the threat of such discharge or escape.

C      Other Terms and Conditions

1.    For the purpose of this insurance, “Cargo Owner” shall include buyer, seller, or holder of the Bill of Lading.

2.    The Assured’s right of recovery is restricted to the amount to which the Assured may limit liability pursuant to any applicable law, provided always that the maximum recovery under this insurance is limited inaccordance with deductibles and limits set out in the certificate of entry.

3.      When the Assured, as a result of an event for which it is covered under this insurance has obtained extra revenue, saved costs or expenses or avoided liability or loss which would otherwise have been incurred and which would not have been covered under this insurance, the Club may deduct from the compensation payable under this insurance an amount corresponding to the benefit obtained.

4.      This insurance excludes any liabilities, losses, costs and expenses insurable under the Assured’s standard cover as set out in Clause 2 in accordance with the Charterers Terms & Conditions current at the time of the event from which such liability, loss or damage arises.

5.      This insurance excludes liabilities, losses, costs and expenses in respect of damage to or loss or reduced value of cargo arising as a consequence of a condition, quality or specification of the cargo which existed prior to the cargo being accepted for carriage or which was caused by treatment or processing, including blending, of cargo other than treatment necessary for transportation.

6.      This insurance excludes any liabilities, losses, costs or expenses which are covered by any public or private insurance required by any applicable legislation, or which would have been covered if such insurance had been taken out.

7.      This insurance excludes general monetary loss, loss of time, loss through price or currency fluctuations, loss of market or similar losses howsoever caused.

8.      This insurance excludes liabilities, losses, costs and expenses in respect of personal injury, illness or death of any person of which the Assured has not submitted a notice of claim to the Club within five years from the expiry of the policy year in which the event giving rise to a claim occurred.

9.      The Club shall determine in its discretion in respect of the cover provided by this insurance when the event shall be deemed to have occurred and whether liabilities, losses, costs and expenses covered under this insurance in whole or in part shall be deemed to have arisen out of one or several events.

10.    This insurance excludes liabilities, losses, costs and expenses arising out of inherent defects in products or reliance upon a warranty or representation made in respect of the products.

11.   This insurance shall not include liabilities, losses costs and expenses caused by or arising in connection with the processing or manufacturing of cargo.

 

Cargo Owner/Trader Extension Cover (in respect of cargo carried (i) on an entered ship, (ii) on a non-entered ship)

A       General Terms and Conditions of Cover

Pursuant and subject to Clause 4 of the Charterers Terms & Conditions of the Club, the cover afforded to the above-named Assured in its capacity as an owner of cargo carried on a ship includes the risks set out in (B) below but subject always to (C) below.

B Risks Covered

Cargo Owners’ Legal Liability in respect of cargo carried on an entered ship:

Pursuant and subject to Clause 4 of the Charterers Terms & Conditions of the Club, this insurance covers liabilities, losses, costs or expenses in respect of risks set out in Clause 2 of the Charterers Terms & Conditions, incurred by the Assured, in respect of its owning interest in cargo being or having been carried on a ship entered in the Club, or during customary lighterage of the cargo to or from such ship.

Cargo Owners’ Legal Liability in respect of cargo carried on a non-entered ship:

Pursuant and subject to Clause 4 of the Charterers Terms & Conditions, this insurance covers liabilities, losses, costs or expenses in respect of risks set out in Clause 2 of the Charterers Terms & Conditions, incurred by the Assured, in respect of its owning interest in cargo being or having been carried on a ship not entered in the Club, or during customary lighterage of the cargo to or from such ship.

C      Other Terms and Conditions

1.      For the purpose of this insurance, “Cargo Owner” shall include buyer, seller, or holder of the Bill of Lading.

2.      The Assured’s right of recovery is restricted to the amount to which the Assured may limit liability pursuant to any applicable law, provided always that the maximum recovery under this insurance is limited in accordance with deductibles and limits set out in the certificate of entry.

3.      When the Assured, as a result of an event for which it is covered under this insurance has obtained extra revenue, saved costs or expenses or avoided liability or loss which would otherwise have been incurred and which would not have been covered under this insurance, the Club may deduct from the compensation payable under this insurance an amount corresponding to the benefit obtained.

4.      This insurance excludes any liabilities, losses, costs and expenses insurable under the Assured’s standard cover as set out in Clause 2 in accordance with the Charterers Terms & Conditions current at the time of the event from which such liability, loss or damage arises.

12.    This insurance excludes liabilities, losses, costs and expenses in respect of damage to or loss or reduced value of cargo arising as a consequence of a condition, quality or specification of the cargo which existed prior to the cargo being accepted for carriage or which was caused by treatment or processing, including blending, of cargo other than treatment necessary for transportation.

13.    This insurance excludes any liabilities, losses, costs or expenses which are covered by any public or private insurance required by any applicable legislation, or which would have been covered if such insurance had been taken out.

14.    This insurance excludes general monetary loss, loss of time, loss through price or currency fluctuations, loss of market or similar losses howsoever caused.

15.    This insurance excludes liabilities, losses, costs and expenses in respect of personal injury, illness or death of any person of which the Assured has not submitted a notice of claim to the Club within five years from the expiry of the policy year in which the event giving rise to a claim occurred.

16.    The Club shall determine in its discretion in respect of the cover provided by this insurance when the event shall be deemed to have occurred and whether liabilities, losses, costs and expenses covered under this insurance in whole or in part shall be deemed to have arisen out of one or several events.

17.    This insurance excludes liabilities, losses, costs and expenses arising out of inherent defects in products or reliance upon a warranty or representation made in respect of the products.

18.    This insurance shall not include liabilities, losses costs and expenses caused by or arising in connection with the processing or manufacturing of cargo.

 

Cargo Owner/Trader Extension Cover (in respect of (i) cargo carried on an entered ship, (ii) cargo carried on a non-entered ship, or (iii) cargo off ship)

 

A    General Terms and Conditions of Cover

Pursuant and subject to Clause 4 of the Charterers Terms & Conditions of the Club, the cover afforded to the above-named Assured in its capacity as an owner of cargo carried on a ship includes the risks set out in (B) below but subject always to (C) below.

B Risks Covered

Cargo Owners’ Legal Liability in respect of cargo carried on an entered  ship:

Pursuant and subject to Clause 4 of the Charterers Terms & Conditions, this insurance covers liabilities, losses, costs or expenses in respect of risks set out in Clause 2 of the Charterers Terms & Conditions, incurred by the Assured, in respect of its owning interest in cargo being or having beencarried on a ship entered in the Club, or during customary lighterage of the cargo to or from such ship..

Cargo Owners’ Legal Liability in respect of cargo carried on a non-entered  ship:

Pursuant and subject to Clause 4 of the Charterers Terms & Conditions of the Club, this insurance covers liabilities, losses, costs or expenses in respect of risks set out in Clause 2 of the Charterers Terms & Conditions of the Club, incurred by the Assured, in respect of its owning interest in cargo being or having been carried on a ship not entered in the Club, or during customary lighterage of the cargo to or from such ship.

Cargo Owners’ Legal Liability in respect of cargo off ship:

Pursuant and subject to Clause 4 of the Charterers Terms & Conditions of the Club, this insurance covers liabilities, losses, costs and expenses in respect of risks set out in Clause 2 (except Clause 2, Section 1) of the Charterers Terms & Conditions of the Club, incurred by the Assured, in its capacity as cargo owner of cargo transported between the ship and the first or last land-based storage tank, provided that:

i.       in respect of the Assured’s liabilities for death, personal injury or illness, cover is conditional upon the Assured submitting a written notice of claim to the Club within five years from the expiry of the policy year in which the event giving rise to the claim occurred;

ii.      in respect of the Assured’s liabilities arising in consequence of the discharge or escape of such cargo while so transported from any source other than the ship, or the threat of such escape or discharge, cover is subject to the following requirements:

a)    The escape is sudden, unintended and unexpected, and

b)    The Assured has submitted a written notice of a claim to the Club within one year from the expiry of the policy year in which the event giving rise to the claim occurred.

C      Other Terms and Conditions

1.      For the purpose of this insurance, “Cargo Owner” shall include buyer, seller, or holder of the Bill of Lading.

2.      The Assured’s right of recovery is restricted to the amount to which the Assured may limit liability pursuant to any applicable law, provided always that the maximum recovery under this insurance is limited in accordance with deductibles and limits set out in the certificate of entry.

3.      When the Assured, as a result of an event for which it is covered under this insurance has obtained extra revenue, saved costs or expenses or avoided liability or loss which would otherwise have been

4.      incurred and which would not have been covered under this insurance, the Club may deduct from the compensation payable under this insurance an amount corresponding to the benefit obtained.

5.      This insurance excludes any liabilities, losses, costs and expenses insurable under the Assured’s standard cover as set out in Clause 2 in with the Charterers Terms & Conditions current at the time of the event from which such liability, loss or damage arises.

19.    This insurance excludes liabilities, losses, costs and expenses in respect of damage to or loss or reduced value of cargo arising as a consequence of a condition, quality or specification of the cargo which existed prior to the cargo being accepted for carriage or which was caused by treatment or processing, including blending, of cargo other than treatment necessary for transportation.

20.    This insurance excludes any liabilities, losses, costs or expenses which are covered by any public or private insurance required by any applicable legislation, or which would have been covered if such insurance had been taken out.

21This insurance excludes general monetary loss, loss of time, loss through price or currency fluctuations, loss of market or similar losses howsoever caused.

22This insurance excludes liabilities, losses, costs and expenses in respect of personal injury, illness or death of any person of which the Assured has not submitted a notice of claim to the Club within five years from the expiry of the policy year in which the event giving rise to a claim occurred.

23The Club shall determine in its discretion in respect of the cover provided by this insurance when the event shall be deemed to have occurred and whether liabilities, losses, costs and expenses covered under this insurance in whole or in part shall be deemed to have arisen out of one or several events.

24This insurance excludes liabilities, losses, costs and expenses arising out of inherent defects in products or reliance upon a warranty or representation made in respect of the products.

25This insurance shall not include liabilities, losses costs and expenses caused by or arising in connection with the processing or manufacturing of cargo.

 

Extension of Cover to NVOCC

A    General Terms and Conditions of Cover

Pursuant and subject to Clause 4 of the Charterers Terms & Conditions, the cover afforded to the above-named Assured in its capacity as Charterer in respect of the entered ship includes the risks set out in (B) below but subject always to (C) below.

B Risks Covered

This insurance includes Assured’s liability incurred in its capacity as an NVOCC (Non-vessel operating common carrier) in respect of cargoes loaded under the Assured’s approved bill of lading on ships not owned or chartered by the Assured.

C      Other Terms and Conditions

1.    The Assured’s right of recovery is restricted to the amount to which the Assured may limit liability pursuant to any applicable law, provided always that the maximum recovery under this insurance is limited in accordance with deductibles and limits set out in the certificate of entry.

2.    When the Assured, as a result of an event for which it is covered under this insurance has obtained extra revenue, saved costs or expenses or avoided liability or loss which would otherwise have been incurred and which would not have been covered under this insurance, the Club may deduct from the compensation payable under this insurance an amount corresponding to the benefit obtained.

3.    This insurance excludes any liabilities, losses, costs and expenses insurable under the Assured’s standard cover in the Club in accordance with the Charterers Terms & Conditions current at the time of the event from which such liability, loss or damage arises.

4.    This insurance excludes liabilities, losses, costs or expenses which are covered by any public or private insurance required by any applicable legislation, or which would have been covered if such insurance had been taken out.

5.    This insurance excludes claims by or against the Assured relating to demurrage on, detention of or delay to the entered ship, unless such demurrage, detention or delay forms part of a claim resulting from liabilities in respect of physical loss of or damage in respect of cargo.

6.    This insurance excludes general monetary loss, loss of time, loss through price or currency fluctuations, loss of market or similar losses howsoever caused.

7.    This insurance excludes loss of or damage to the entered ship or any part thereof.

8.    This insurance excludes, notwithstanding any terms and conditions to the contrary, liabilities, costs and expenses arising out of the issuance of a Bill of Lading, Waybill or other document containing or evidencing a contract of carriage of steel products of any type whatsoever, where it is known or ought to have been known by the Assured or its agent to contain an incorrect description of the cargo or its quantity or its condition.

9.    This insurance excludes claims by or against the Assured relating to loss of freight or hire on the ship or any proportion thereof unless the freight or hire forms part of a claim for liabilities in respect of cargo.

10.  The Club shall determine in its discretion in respect of the cover provided by this insurance when the event shall be deemed to have occurred and whether liabilities, losses, costs or expenses covered under this insurance in whole or in part shall be deemed to have arisen out of one or several events.