Sunday, 14 April 2019

INSTITUTE FROZEN FOODS CLAUSES (CARGO)


INSTITUTE FROZEN FOODS CLAUSES (CARGO)
(excluding Frozen Meat)      24-Hour Breakdown Clause


RISKS COVERED
1. - Risks Clause
1 This insurance covers, except as provided in Clauses 4, 5, 6 & 7 below,
1.1  all risks of loss of or damage to the subject-matter insured, other than loss or damage resulting from any variation in temperature howsoever caused,
1.2  loss of or damage to the subject-matter insured resulting from any variation in temperature attributable to
1.2.1   breakdown of refrigerating machinery resulting in its stoppage for a period of not less than 24 consecutive hours
1.2.2   fire or explosion
1.2.3    vessel or craft being stranded grounded sunk or capsized
1.2.4    overturning or derailment of land conveyance
1.2.5    collision or contact of vessel craft or conveyance with any external object other than water
1.2.6    discharge of cargo at a port of distress.
2. - General Average Clause
2   This insurance covers 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 in Clauses 4, 5, 6 and 7 or elsewhere in this insurance.
3. - "Both to Blame" Collision Clause
3.  This insurance is extended to indemnify the Assured against such proportion of liability under the contract of affreightment "Both to Blame Collision" Clause as is in respect of a loss recoverable hereunder.  In the event of any claim by shipowners under the said Clause the Assured agree to notify the Underwriters who shall have the right, at their own cost and expense, to defend the Assured against such claim.

EXCLUSIONS
4. - General Exclusions Clause
4    In no case shall this insurance cover
4.1  loss damage or expense attributable to wilful misconduct of the Assured
4.2  ordinary leakage, ordinary loss in weight or volume, or ordinary wear and tear of the subject-matter insured
4.3     loss damage or expense caused by insufficiency or unsuitability of packing or preparation of the subject-matter insured (for the purpose of this Clause 4.3 "packing" shall be deemed to include stowage in a container or liftvan but only when such stowage is carried out prior to attachment of this insurance or by the Assured or their servants)
4.4     loss damage or expense caused by inherent vice or nature of the subject-matter insured (except loss damage or expense resulting from variation in temperature specifically covered under Clause 1.2 above)
4.5     loss damage or expense proximately caused by delay, even though the delay be caused by a risk insured against (except expenses payable under Clause 2 above)
4.6     loss damage or expense arising from insolvency or financial default of the owners managers charterers or operators of the vessel
4.7     loss damage or expense arising from the use of any weapon of war employing atomic or nuclear fission and/or fusion or other like reaction or radioactive force or matter
4.8     loss damage or expense arising from any failure of the Assured or their servants to take all reasonable precautions to ensure that the subject-matter insured is kept in refrigerated or, where appropriate, properly insulated and cooled space
4.9     any loss damage or expense otherwise recoverable hereunder unless prompt notice thereof is given to the Underwriters and, in any event, not later than 30 days after the termination of this insurance.
5. - Unseaworthiness and Unfitness Exclusion Clause
5.1    In no case shall this insurance cover loss damage or expense arising from unseaworthiness of vessel or craft, unfitness of vessel craft conveyance container or liftvan for the safe carriage of the subject-matter insured, where the Assured or their servants are privy to such unseaworthiness or unfitness, at the time the subject-matter insured is loaded therein,
5.2    The Underwriters waive any breach of the implied warranties of seaworthiness of the ship and fitness of the ship to carry the subject-matter insured to destination, unless the Assured or their servants are privy to such unseaworthiness or unfitness.
6. - War Exclusion Clause
6.    In no case shall this insurance cover loss damage or expense caused by
6.1     war civil war revolution rebellion insurrection, or civil strife arising therefrom, or any hostile act by or against a belligerent power
6.2     capture seizure arrest restraint or detainment (piracy excepted), and the consequences thereof or any attempt thereat
6.3    derelict mines torpedoes bombs or other derelict weapons of war.
7. - Strikes Exclusion Clause
7.   In no case shall this insurance cover loss damage or expense
7.1    caused by strikers, locked-out workmen, or persons taking part in labour disturbances, riots or civil commotions
7.2    resulting from strikes, lock-outs, labour disturbances, riots or civil commotions
7.3    caused by any terrorist or any person acting from a political motive.

DURATION
8. - Transit Clause
8.1   This insurance attaches from the time the goods are loaded into the conveyance at freezing works or cold store at the place named herein for the commencement of the transit, continues during the ordinary course of transit and terminates either
8.1.1   on delivery to the cold store or place of storage at the destination named herein,
8.1.2   on delivery to any other cold store or place of storage, whether prior to or at the destination named herein, which the Assured elect to use either
8.1.2.1  for storage other than in the ordinary course of transit or
8.1.2.2  for allocation or distribution, or
8.1.3   on the expiry of 5 days after discharge overside of the goods hereby insured from the oversea vessel at the final port of discharge,
whichever shall first occur.
8.2     If, after discharge overside from the oversea vessel at the final port of discharge, but prior to termination of this insurance, the goods are to be forwarded to a destination other than that to which they are insured hereunder, this insurance, whilst remaining subject to termination as provided for above, shall not extend beyond the commencement of transit to such other destination.
8.3     This insurance shall remain in force (subject to termination as provided for above and to the provisions of Clause 9 below) during delay beyond the control of the Assured, any deviation, forced discharge, reshipment or transhipment and during any variation of the adventure arising from the exercise of a liberty granted to shipowners or charterers under the contract of affreightment.
9. - Termination of Contract of Carriage Clause
9. If owing to circumstances beyond the control of the Assured either the contract of carriage is terminated at a port or place other than the destination named therein or the transit is otherwise terminated before delivery of the goods as provided for in Clause 8 above, then this insurance shall also terminate unless prompt notice is given to the Underwriters and continuation of cover is requested when the insurance shall remain in force, subject to an additional premium if required by the Underwriters, either
9.1     until the goods are sold and delivered at such port or place, or, unless otherwise specially agreed, until the expiry of 30 days after arrival of the goods hereby insured at such port or place, whichever shall first occur,
or
9.2     if the goods are forwarded within the said period of 30 days (or any agreed extension thereof) to the destination named herein or to any other destination, until terminated in accordance with the provisions of Clause 8 above.
10. - Change of Voyage Clause
10. Where, after attachment of this insurance, the destination is changed by the Assured, held covered at a premium and on conditions to be arranged subject to prompt notice being given to the Underwriters.


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