Clause 28 - Definitions
In these Clauses the words standing in the first column of the table next hereinafter contained shall bear the meanings set opposite to them respectively in the second column thereof, if not inconsistent with the subject or context:
Applicant Assured - In relation to a ship which is desired or intended to be entered for insurance in the Club, means charterer, other than bareboat/demise charterer, of such ship, by or on whose behalf an application has been, is being or is to be made for the entry of the same in the Club for insurance whether it be or is to be a Member of the Club or not.
Articles - The articles for the time being of The United Kingdom Mutual Steam Ship Assurance Association Limited.
Assured - In relation to an entered ship means charterer other than bareboat/demise charterer, named in the certificate of entry or endorsement slip, by or on whose behalf the ship has been entered in the Club.
Cargo - Any lawful and merchantable commodity or goods intended to be or being or having been carried on board a ship pursuant to a contract of carriage, including anything used or intended to be used to pack or secure goods, but excluding containers or other equipment, stores, fuel (unless carried as cargo) or substance of whatsoever nature, and shall further exclude waste and residues of cargo(es) and/or of containers or other equipment, stores, fuels and/or substances.
Charterer - A charterer of a ship, or part of a ship, other than a demise or bareboat charterer.
Club - The United Kingdom Mutual Steam Ship Assurance Association Limited or UK P&I Club N.V., as applicable.
Clubs - The United Kingdom Mutual Steam Ship Assurance Association Limited, UK P&I Club N.V., and The United Kingdom Mutual Steam Ship Assurance Association (Bermuda) Limited.
Co-assured - A party, other than the Assured, who is named on the certificate of entry, to whom the Club has agreed (subject to restrictions) to extend the cover afforded to the Assured.
Directors - The Board of Directors for the time being of The United Kingdom Mutual Steam Ship Assurance Association Limited, or the Management Board and/or Supervisory Board for the time being of UK P&I Club N.V., as applicable.
Electronic trading system - An electronic trading system is any system which replaces or is intended to replace paper documents used for the sale of goods and/or their carriage by sea or partly by sea and other means of transport and which are documents of title, or entitle the holder to delivery or possession of the goods referred to in such documents, or evidence a contract of carriage under which the rights and obligations of either of the contracting parties may be transferred to a third party. For the purpose of the definition, a “document” shall mean anything in which information of any description is recorded including, but not limited to, computer or other electronically generated information.
Entered ship - A ship which has been entered by an Assured in its capacity as a Charterer in the Club for insurance under these Terms & Conditions.
Entered tonnage - The tonnage figure recorded as entered tonnage in the certificate of entry of an entered ship and used for the purposes of calculation of premium whether (a) the tonnage of the ship or (b) a proportion of the tonnage of the ship or (c) a figure exceeding the tonnage of the ship.
Fines - Include penalties and other impositions similar in nature to fines.
Insurance - Any insurance or reinsurance.
In writing - Written, printed or lithographed, or visibly expressed in all or any of those or any other modes of representing or reproducing words.
Knock for knock - A provision or provisions stipulating that
(1) each party to a contract shall be similarly responsible for
(a) 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 subcontractors and/or of other parties and/or;
(b) liability arising out of the ownership or operation of its own property, and that
(2) such responsibility shall be without recourse to the other party and arise notwithstanding any fault or neglect of any party; and that
(3) each party shall, in respect of those losses, damages or liabilities for which it has assumed responsibility, correspondingly indemnify the other against any liability that that party shall incur in relation thereto.
Managers - The Managers for the time being of the Club.
Member - Member for the time being of The United Kingdom Mutual Steam Ship Assurance Association Limited.
Members’ Committee - A committee of the Members constituted in accordance with the Articles.
Owner - In relation to an entered ship means registered owner, demise or bareboat charterer, disponent owner, owners in partnership, owners holding separate shares in severalty, part owner, mortgagee, trustee, operator, manager or builder of such ship, or other person with an interest in that ship but not being an Assured or any company associated with or under the same management as the Assured.
Policy year - A year commencing from noon GMT of the date specified in the certificate of entry and shall continue until noon GMT of the date of expiry specified on the certificate of entry.
Premium - Sum or sums payable to the Club in respect of an entered ship.
Seafarer - Any person (including the master and apprentices) employed as part of a ship’s complement under the terms of a crew agreement or other contract of service or employment to serve on board an entered ship, whether or not on board that ship.
Ship - Ship shall mean ship, boat, hovercraft or other description of vessel or structure (including any ship, boat, hovercraft or other vessel or structure under construction) used or intended to be used for any purpose whatsoever in navigation or otherwise on, under, over or in water or any part thereof or any proportion of the tonnage thereof or any share therein.
Standard terms of contracts - The terms of contracts of carriage referred to in Proviso (a) to Clause 2, Section 14.
Statutory obligation - Any obligation, liability or direction imposed by any legislative enactment, decree order or regulation having the force of law in any country.
Successors - In relation to all the persons hereinbefore specified in connection with “Assured”, “Applicant Assured” and “Co-assured”, and in relation to any other person whatsoever by whom or on whose behalf a ship shall have been entered for insurance or reinsurance in the Club, shall include their heirs, executors, administrators, personal representatives, assigns (when permitted under these Terms & Conditions), receiver, curator or other person authorised to act on behalf of one who becomes incapable by reason of mental disorder/ incapacity of managing its property or affairs, trustee in bankruptcy, liquidator and other successors whatsoever.
Terms & Conditions - These Terms & Conditions as originally framed or as from time to time altered, abrogated or added to and for the time being in force, providing insurance for ships entered in the Club, by charterers, other than bareboat or demise charterers.
Ton - The unit of tonnage.
Tonnage - The register tonnage of a ship as certified in the certificate of registry of such ship or in any other official document relating to the registration of such ship.
Words importing the singular number only shall include the plural number and vice versa. Words importing persons shall include corporations.