In
the event of a claim being made for loss or
damage which is alleged to be caused by
insufficiency or unsuitability of packing or preparation of the
subject-matter insured, Underwriters hereby agree that they will not
use such alleged insufficiency or unsuitability as a defence against the claim
in any case where the packing or
preparation was carried out by a party other than the Named Assured and
the insufficiency or unsuitability arose entirely without the Name Assured’s privity or knowledge. For the
purpose of this clause ‘packing’ shall be deemed to include stowage in a
container &/or other similar inter-modal methods of unit load.
The
Assured agrees to assist Underwriters in all respects to pursue rights of recovery against sellers &/or
other responsible third parties.
The
above agreement is not to interfere with the Underwriters’ rights of
subrogation against packers &/or their Underwriters.
Notwithstanding
the above, it is further agreed that where packing or preparation is undertaken
by the Assured, Underwriters accept such packing or preparation as
sufficient or suitable to protect the interest insured against loss or damage
and further agreed to waive rights of subrogation against the Insured, provided such packing is customary for the trade or subject-matter
insured or in accordance with established packing practices of the Insured.
PACKING CLAUSE (CARGO – NON STANDARD CLAUSES)
4/
5
Oleh
sudarno hardjo
Posts
