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Clause 1 - Introductory
The standard cover afforded by the Club to an Assured who has entered a ship in the Club in its capacity as Charterer is set out in Clause 2. The terms for special risks and additional insurances are set out in Clauses 3 & 4 of these Terms & Conditions.
Unless otherwise expressly agreed between the Assured and the Managers, the risks specified in Clauses 2, 3 & 4 are always subject to the warranties, conditions, exceptions, limitations and other terms set out in Clause 5, and in the remainder of these Terms & Conditions.
The cover set out in these Terms & Conditions may be excluded, limited, modified, added to or otherwise altered by any special terms which have been agreed in writing between an Assured and the Managers.
An Assured is insured against loss, damage, liability or expense incurred by it in respect of risks set out in Clauses 2, 3 & 4, as agreed in writing between the Assured and the Managers, arising: i) out of events occurring during the period of entry of a ship in the Club; and ii) in respect of the Assured’s interest in the entered ship; and iii) in direct connection with the operation of the entered ship by or on behalf of the Assured.
The cover provided by the Club as set out in these Terms & Conditions is solely for the benefit of the Assured, any co-assured, other insurer, or permitted assign, to the extent allowed by Clauses 9, 11 and 13. It is not intended that rights should be acquired by any third party through the operation of the Contracts (Rights of Third Parties) Act 1999 of the United Kingdom or similar legislation.
Unless otherwise agreed in writing between the Assured and the Managers, the insurance afforded in these Terms & Conditions applies only where the Assured has chartered the entered ship under a form of charterparty or other contract approved in writing by the Club.
The Managers shall determine whether claims shall be deemed to have arisen out of one or more events and when such events shall be deemed to have occurred.
The maximum liability of the Club under the Terms & Conditions is limited in accordance with deductibles and limits set out in the entered ship’s certificate of entry and/or the endorsement slip.