The following terms are the main clauses applicable to goods insured within this website www.ForwarderLink.
Global however there are exclusions as per these Standard Conditions to be read in conjunction with the terms and conditions stated on the certificate of marine cargo insurance. Any specific terms & conditions stated on the certificate of marine cargo insurance override the following clauses. Institute Cargo Clauses (A) CL 382 dated 1.1.2009 and/or Institute Cargo Clauses (Air) CL 387 dated 1.1.2009 as applicable. Institute War Clauses (Cargo) CL 385 dated 1.1.2009 and/or Institute War Clauses (Air Cargo) CL 388 dated 1.1.2009 as applicable. Institute Strikes Clauses (Cargo) CL 386 dated 1.1.2009 and/or Institute Strikes Clauses (Air Cargo) CL 389 dated 1.1.2009 as applicable. Please note that cover in respect of War and Strikes is not automatic for all transits. For details, please refer to the Countries page within this website www.ForwarderLink.
Global BASIS OF VALUATION
It is agreed that the basis of valuation for the purpose of this Cover shall be the value declared for insurance, but in no case shall the valuation exceed CIF + 30% unless prior written consent of the Insurer is given. In the event of declaration after loss or arrival, the basis of valuation will be CIF + 10% only. Also to pay increased value by reason of Duty, Excise, Surcharge and/or Landing and similar charges, if incurred in anticipation of arrival and provided declared to and accepted by underwriters. The assured agrees to take all reasonable steps to obtain a refund of such charges and return the net amount to underwriters. CARGO ISM ENDORSEMENT (JC98/019)
Applicable to shipments on board Ro-Ro passenger ferries. Applicable with effect from 1st July 1998 to shipments on board:
(1) passenger vessels transporting more than twelve passengers, and
(2) oil tankers, chemical tankers, gas carriers, bulk carriers and cargo high speed craft of 500 gt or more. Applicable with effect from 1st July 2002 to shipments on board all other cargo ships and mobile offshore drilling units of 500 gt or more. In no case shall this insurance cover loss, damage or expense where the subject matter insured is carried by a vessel that is not I.S.M. Code certified or whose owners or operators do not hold an I.S.M. Code Document of Compliance when, at the time of loading of the subject matter insured on board the vessel, the Assured were aware, or in the ordinary course of business should have been aware:
(a) Either that such vessel was not certified in accordance with the I.S.M. Code.
(b) Or that a current Document of Compliance was not held by her owners or operators as required under the SOLAS Convention 1974 as amended. This exclusion shall not apply where this insurance has been assigned to the party claiming hereunder who has bought or agreed to buy the subject matter insured in good faith under a binding contract.
CARGO ISM FORWARDING CHARGES CLAUSE (For use only with JCC Cargo ISM Endorsement JC98/019)
In consideration of an additional premium to be agreed, this insurance is extended to reimburse the Assured, up to the limit of the sum insured for the voyage, 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 following release of cargo from a vessel arrested or detained at or diverted to any other port or place (other than the intended port of destination) where the voyage is terminated due either (a) to such vessel not being certified in accordance with the ISM Code or (b) to a current Document of Compliance not being held by her owners or operators as required under the SOLAS Convention 1974 as amended. This clause, which does not apply to General Average or Salvage or Salvage Charges, is subject to all other terms conditions and exclusions contained in the policy and to JCC Cargo ISM Endorsement JC 98/019.
Not with standing the conditions of this contract, it is agreed that certificates and/or policies may be issued hereunder to the Assured to comply with the insurance requirements of any letter of credit and/or sales contract concerned, provided the cover required is not wider than that provided by the current contract wording. In the event that wider coverage is required, prior agreement of Underwriters is to be obtained at an additional premium to be agreed. If the conditions which appear on the certificate are wider than the conditions given by the wording or given by the Underwriters, the Assured remains liable for the difference between these conditions. No insurance cover is in place unless a certificate of marine cargo insurance is issued correctly in accordance with the policy wording, policy schedule and any special projects agreed by underwriters.
CHANGE OF DESTINATION / DEVIATION / DELAY
In case of voluntary change of destination and/or deviation and/or delay within the Assured’s control, the insured goods are held covered hereunder subject to the Assured reporting, as soon as possible, all such events to Underwriters. In case of short early discharge shipment in whole or part by the vessel reported for insurance hereunder, Underwriters agree to hold the Assured covered against the risks insured hereunder until arrival at the final destination to which the goods are insured or until the goods are no longer at the risk of the Assured, whichever may first occur.
COMPUTER MILLENNIUM CLAUSE (JC98-024)
In no case shall this insurance cover any loss, damage, expense or liability of whatsoever nature which might otherwise be recoverable under this insurance arising out of or in any way connected with, whether directly or indirectly, the use or operation of any computer, computer system, computer software, programme or process or any electronic system where any such loss, damage, expense or liability arises, whether directly or indirectly, as a consequence of (i) the date change to the year 2000 or any other date change and/or (ii) any change or modification of or to such computer, computer system, computer software, programme or process or any electronic system in relation to such date change. This exclusion does not apply to:
1. Claims for loss of or damage to the subject matter insured reasonably attributable to
a. fire or explosion
b. vessel or craft being stranded grounded sunk or capsized
c. overturning or derailment of land conveyance
d. collision or contact of vessel craft aircraft or conveyance with any external object other than water
e. total loss of aircraft in flight
f. discharge of cargo at a port of distress
g. total loss of any package lost overboard or dropped whilst loading on to, or unloading from, vessel craft or aircraft
h. general average sacrifice
i. jettison or washing overboard
j. entry of sea lake or river water into vessel craft hold conveyance lift van or place of storage
2. 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 elsewhere in this insurance. Subject always to the terms, conditions, limits and exclusions contained elsewhere in this policy.
CONTRACT (RIGHTS OF THIRD PARTIES) ACT 1999 EXCLUSION CLAUSE
The provisions of the Contracts (Rights of Third Parties) Act 1999 do not apply to this insurance or to any certificate(s) of insurance hereunder. Neither this nor any certificates issued hereunder confer any benefits on any third parties. No third party may enforce any term of this insurance or of any certificate issued hereunder. This clause shall not affect the rights of the Assured (as assignee or otherwise) or the rights of any loss payee.
COMMUNICABLE DISEASE EXCLUSION
1. Notwithstanding any provision to the contrary within this insurance, this insurance does not insure any loss, damage, liability, claim, cost or expense of whatsoever nature caused by, contributed to by, resulting from, arising out of, or in connection with a Communicable Disease or the fear or threat (whether actual or perceived) of a Communicable Disease regardless of any other cause or event contributing concurrently or in any other sequence thereto.
2. As used herein, a Communicable Disease means any disease which can be transmitted by means of any substance or agent from any organism to another organism where:
2.1. the substance or agent includes, but is not limited to, a virus, bacterium, parasite or other organism or any variation thereof, whether deemed living or not, and
2.2. the method of transmission, whether direct or indirect, includes but is not limited to, airborne transmission, bodily fluid transmission, transmission from or to any surface or object, solid, liquid or gas or between organisms, and
2.3. the disease, substance or agent can cause or threaten bodily injury, illness, damage to human health, human welfare or property.
JC2020-011 CRAFT CLAUSE
Including transit by craft and/or lighter to and from the vessel. Each craft and/or lighter to be deemed a separate insurance. Also to cover any special or supplementary lighterage. The Assured are not to be prejudiced by any agreement exempting lightermen from liability.
Applicable to items where dimensions are not imperative. In the event of damage or breakage caused by an insured peril it is agreed that the damaged or broken length or portion shall be cut off, the remaining length or portion to be considered as sound and the Underwriters only to be liable for the insured value of the length or portion which has been lost by being broken off or cut off and for the cost of cutting
DECONSOLIDATION AND UNPACKING COVERAGE
This policy is extended to cover, subject to its terms and conditions, goods and/or merchandise which have been or will be covered under this policy for the import or export voyage owned by the Assured or held by the Assured in trust or otherwise held or sold, or on joint account with or belonging to others, and for which the Assured can be liable while temporarily in customs or elsewhere while awaiting shipment consolidation, repacking and other preparations for export or entry, including storage pending commencement of transit to final insured destination, for a period of not exceeding 30 (thirty) days. Heldcoveredbeyond30(thirty) days at premiums to be agreed. This extension of coverage shall not apply to goods and/or merchandise for which a charge has been made by the Assured or his agent for temporary storage
DEBRIS REMOVAL CLAUSE This insurance is extended to cover, in addition to any other amount recoverable under this insurance, extra expenses reasonably incurred by the Assured for the removal and disposal of debris of the subject matter insured, or part thereof, by reason of damage thereto caused by an insured risk, but excluding absolutely: - any expenses incurred in consequence of or to prevent or mitigate pollution or contamination, or any threat or liability thereof - the cost of removal of cargo from any vessel or craft In no case shall the insurers be liable under this clause for more than 10% in all of the proportionate insured value under this policy of the damaged subject-matter removed. DELIBERATE DAMAGE POLLUTION HAZARD CLAUSE This insurance is also extended to cover, but only while the subject-matter insured is on board a waterborne conveyance, loss of or damage to said property directly caused by governmental authorities acting for the public welfare to prevent or mitigate a pollution hazard or threat thereof, provided that the accident or occurrence creating the situation which required such governmental action would have resulted in a recoverable claim under the Policy (subject to all of its terms, conditions and warranties) if the property insured would have sustained physical loss or damage as a direct result of such accident or occurrence. This clause shall not increase the Limits of Liability provided for elsewhere herein. ELECTRICAL AND MECHANICAL DERANGEMENT Excluding loss or damage due to mechanical, electrical or electronic breakdown or derangement unlesscaused by a peril insured against under the terms of this policy and there is evidence of external damage. GENERAL AVERAGE ForthepurposeofclaimsforGeneral AveragecontributionsandSalvage chargesrecoverable hereunder, thesubject matterinsuredshallbedeemed to be insured for its full contributory value. HELD COVERED It is necessary for the assured or their Representatives or their Agents, when they become aware of an event which is held covered under this insurance, to give prompt notice to the Insurers via their representatives or agents. ILLEGAL PAYMENTS No payment shall be made under this insurance which is prohibited by national law or international agreement or convention. In the event that local country legislation decrees insurance must be effected locally then it is the responsibility of the claimant to ensure that appropriate dispensation or licences are in place otherwise underwriters reserve the right to withhold any claims payment which is in breach of such legislation. INSOLVENCY EXCLUSION ENDORSEMENT The exclusion of loss damage or expense arising from insolvency or financial default of the owners managers charterers or operators of the vessel or aircraft (as applicable) contained within the Institute Clauses incorporated herein is amended to read loss damage or expense proximately caused by insolvency or financial default of the owners managers charterers o r operators of the vessel or aircraft. But, in any event, such exclusion shall not apply where: - prior to loading of the subject matter insured on board the vessel or aircraft, all reasonable practicable and prudent measures have been taken by the Assured, their servants or agents, to establish the financial reliability of the party in default; or - the insurance has been assigned to the party claiming hereunder, who has bought or agreed to buy the subject matter insured in good faith and without notice of such insolvency or financial default; or - the Assured has purchased the subject matter insured on terms under which the supplier or their servants or agents have been responsible for arranging the carriage.