Institute CARGO Clauses - Handbook - Indonesia Insurance handbook

Institute CARGO Clauses

Only Those Clauses Listed in the Policy Schedule and the Policy Wording Apply to this Insurance

Table of Contents

Institute Cargo Clauses (A) 1/1/09…………………………………………………………………………………………………...
Institute Cargo Clauses (Air) 1/1/09………………………………………………………………………………………………….
Institute Strikes Clause (Cargo) 1/1/09………………………………………………………………………………………………
Institute Strikes Clause (Air Cargo) 1/1/09 ………………………………………………………………………………………….
Institute Frozen Food Clauses (A) 1/1/86……………………………………………………………………………………………
Institute Strikes Clauses (Frozen Food) 1/1/86………………………………………………………………………………………
Institute Frozen Food Extension Clauses 1/1/86…………………………………………………………………………………….
Institute Frozen Meat Clauses (A) 1/1/86…………………………………………………………………………………………........................................................................................................................................................................

Institute Strikes Clauses (Frozen Meat) 1/1/86………………………………………………………………………………………

Institute Frozen Meat Extension Clauses 1/1/86……………………………………………………………………………………

Institute Cargo Clauses (C) 1/1/09…………………………………………………………………………………………………..

Institute War Clause (Cargo) 1/1/09…………………………………………………………………………………………………

Institute War Clauses (Air Cargo) 1/1/09………………………………………………………………………………………….…

Institute War Clauses (Sendings by Post) 1/1/09…………………………………………………………………………………...

Institute War Cancellation Clause (Cargo) 1/12/82………………………………………………………………………………

Institute Classification Clause 1/1/01………………………………………………………………………………………………...

Institute Radioactive Contamination, Chemical, Biological, Bio-chemical and

Electromagnetic Weapons Exclusion Clause 10/11/03…………………………………………………………………………..

Institute Cyber Attack Exclusion Clause 10/11/03…………………………………………………………………………………

Cargo ISM Endorsement……………………………………………………………………………………………………………….

Cargo ISM Forwarding Charges Clause…………………………………………………………………………………………….

Institute Replacement Clause………………………………………………………………………………………………………...

Termination of Transit Clause (Terrorism) 1/1/02………………………………………………………………………………….

Protecsure_Institute Clause Listing 11 Apr 2013 Page | 1

INSTITUTE CARGO CLAUSES (A) 1/1/09

RISKS COVERED

1. Risks

This insurance covers all risks of loss of or damage to the subject-matter insured except as excluded by the provisions of Clauses 4, 5, 6 and 7 below.

2. General Average

This insurance covers general average and salvage charges, adjusted or determined according to the contract of carriage 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 below.

3. "Both to Blame Collision Clause"

This insurance indemnifies the Assured, in respect of any risk insured herein, against liability incurred under any Both to Blame Collision Clause in the contract of carriage. In the event of any claim by carriers under the said Clause, the Assured agree to notify the Insurers who shall have the right, at their own cost and expense, to defend the Assured against such claim.

EXCLUSIONS

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 to withstand the ordinary incidents of the insured transit where such packing or preparation is carried out by the Assured or their employees or prior to the attachment of this insurance (for the purpose of these Clauses "packing" shall be deemed to include stowage in a container and "employees" shall not include independent contractors)

4.4 loss damage or expense caused by inherent vice or nature of the subject-matter insured

4.5 loss damage or expense 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 caused by insolvency or financial default of the owners managers charterers or

operators of the vessel where, at the time of loading of the subject-matter insured on board the vessel, the Assured are aware, or in the ordinary course of business should be aware, that such insolvency or financial default could prevent the normal prosecution of the voyage. This exclusion shall not apply where the contract of 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

4.7 loss damage or expense directly or indirectly caused by or arising from the use of any weapon or device

employing atomic or nuclear fission and/or fusion or other like reaction or radioactive force or matter.

5. 5.1 In no case shall this insurance cover loss damage or expense arising from

5.1.1 unseaworthiness of vessel or craft or unfitness of vessel or craft for the safe carriage of the subject-
matter insured, where the Assured are privy to such unseaworthiness or unfitness, at the time the

subject-matter insured is loaded therein

5.1.2 unfitness of container or conveyance for the safe carriage of the subject-matter insured, where
loading therein or thereon is carried out prior to attachment of this insurance or by the Assured or

their employees and they are privy to such unfitness at the time of loading.

5.2 Exclusion 5.1.1 above shall not apply where the contract of 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.

5.3 The Insurers 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.

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. 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 act of terrorism being an act of any person acting on behalf of, or in connection with, any
organisation which carries out activities directed towards the overthrowing or influencing, by force or

violence, of any government whether or not legally constituted

7.4 caused by any person acting from a political, ideological or religious motive.

Protecsure_Institute Clause Listing 11 Apr 2013 Page | 2

DURATION

8. Transit Clause

8.1 Subject to Clause 11 below, this insurance attaches from the time the subject-matter insured is first
moved in the warehouse or at the place of storage (at the place named in the contract of insurance) for

the purpose of the immediate loading into or onto the carrying vehicle or other conveyance for the commencement of transit,

continues during the ordinary course of transit and terminates either

8.1.1 on completion of unloading from the carrying vehicle or other conveyance in or at the final
warehouse or place of storage at the destination named in the contract of insurance,

8.1.2 on completion of unloading from the carrying vehicle or other conveyance in or at any other
warehouse or place of storage, whether prior to or at the destination named in the contract of

insurance, which the Assured or their employees elect to use either for storage other than in the ordinary course of transit or for allocation or distribution, or

8.1.3 when the Assured or their employees elect to use any carrying vehicle or other conveyance or
any container for storage other than in the ordinary course of transit or

8.1.4 on the expiry of 60 days after completion of discharge overside of the subject-matter 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 subject-matter insured is to be forwarded to a destination other than that

to which it is insured, this insurance, whilst remaining subject to termination as provided in Clauses 8.1.1 to

8.1.4, shall not extend beyond the time the subject-matter insured is first moved for the purpose of the commencement of transit to such other destination.

8.3 This insurance shall remain in force (subject to termination as provided for in Clauses 8.1.1 to 8.1.4

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 carriers under the contract of carriage.

9. Termination of Contract of Carriage

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
unloading of the subject-matter insured as provided for in Clause 8 above, then this insurance shall also
terminate unless prompt notice is given to the Insurers and continuation of cover is requested when this
insurance shall remain in force, subject to an additional premium if required by the Insurers, either

9.1 until the subject-matter insured is sold and delivered at such port or place, or, unless otherwise
specially agreed, until the expiry of 60 days after arrival of the subject-matter insured at such port or place,

whichever shall first occur,

9.2 if the subject-matter insured is forwarded within the said period of 60 days (or any agreed extension
thereof) to the destination named in the contract of insurance or to any other destination, until

terminated in accordance with the provisions of Clause 8 above.

10. Change of Voyage

10.1 Where, after attachment of this insurance, the destination is changed by the Assured, this must be
notified promptly to Insurers for rates and terms to be agreed. Should a loss occur prior to such

agreement being obtained cover may be provided but only if cover would have been available at a reasonable commercial market rate on reasonable market terms.

10.2 Where the subject-matter insured commences the transit contemplated by this insurance (in accordance
with Clause 8.1), but, without the knowledge of the Assured or their employees the ship sails for

another destination, this insurance will nevertheless be deemed to have attached at commencement of
such transit.

CLAIMS

11. Insurable Interest

11.1 In order to recover under this insurance the Assured must have an insurable interest in the subject- matter
insured at the time of the loss.

11.2 Subject to Clause 11.1 above, the Assured shall be entitled to recover for insured loss occurring during the
period covered by this insurance, notwithstanding that the loss occurred before the contract of insurance

was concluded, unless the Assured were aware of the loss and the Insurers were not.

12. Forwarding Charges

Where, as a result of the operation of a risk covered by this insurance, the insured transit is terminated at a port or place other than that to which the subject-matter insured is covered under this insurance, the Insurers will reimburse the Assured for any extra charges properly and reasonably incurred in unloading storing and forwarding the subject-matter insured to the destination to which it is insured.

This Clause 12, which does not apply to general average or salvage charges, shall be subject to the exclusions

Protecsure_Institute Clause Listing 11 Apr 2013 Page | 3

contained in Clauses 4, 5, 6 and 7 above, and shall not include charges arising from the fault negligence insolvency or financial default of the Assured or their employees.

13. Constructive Total Loss

No claim for Constructive Total Loss shall be recoverable hereunder unless the subject-matter insured is reasonably abandoned either on account of its actual total loss appearing to be unavoidable or because the cost of recovering, reconditioning and forwarding the subject-matter insured to the destination to which it is insured would exceed its value on arrival.

14. Increased Value

14.1 If any Increased Value insurance is effected by the Assured on the subject-matter insured under this
insurance the agreed value of the subject-matter insured shall be deemed to be increased to the total

amount insured under this insurance and all Increased Value insurances covering the loss, and liability under
this insurance shall be in such proportion as the sum insured under this insurance bears to such total amount
insured.

In the event of claim the Assured shall provide the Insurers with evidence of the amounts insured under all other insurances.

14.2 Where this insurance is on Increased Value the following clause shall apply:

The agreed value of the subject-matter insured shall be deemed to be equal to the total amount insured under the primary insurance and all Increased Value insurances covering the loss and effected on the subject-matter insured by the Assured, and liability under this insurance shall be in such proportion as the sum insured under this insurance bears to such total amount insured.

In the event of claim the Assured shall provide the Insurers with evidence of the amounts insured under all other insurances.

15. BENEFIT OF INSURANCE
This insurance

15.1 covers the Assured which includes the person claiming indemnity either as the person by or on whose
behalf the contract of insurance was effected or as an assignee,

15.2 shall not extend to or otherwise benefit the carrier or other bailee. MINIMISING LOSSES

16. Duty of Assured

It is the duty of the Assured and their employees and agents in respect of loss recoverable hereunder

16.1 to take such measures as may be reasonable for the purpose of averting or minimising such loss, and

16.2 to ensure that all rights against carriers, bailees or other third parties are properly preserved and
exercised

and the Insurers will, in addition to any loss recoverable hereunder, reimburse the Assured for any charges properly and reasonably incurred in pursuance of these duties.

17. Waiver

Measures taken by the Assured or the Insurers with the object of saving, protecting or recovering the subject-
matter insured shall not be considered as a waiver or acceptance of abandonment or otherwise prejudice the
rights of either party.

AVOIDANCE OF DELAY

18. It is a condition of this insurance that the Assured shall act with reasonable despatch in all circumstances within
their control.

LAW AND PRACTICE

19. This insurance is subject to English law and practice.

NOTE:- Where a continuation of cover is requested under Clause 9, or a change of destination is notified under Clause 10, there is an obligation to give prompt notice to the Insurers and the right to such cover is dependent upon compliance with this obligation.

CL382

01/01/2009

INSTITUTE CARGO CLAUSES (AIR) 1/1/09

(excluding sendings by Post)

RISKS COVERED

1. Risks

This insurance covers all risks of loss of or damage to the subject-matter insured except as excluded by the provisions of Clauses 3, 4 and 5 below.

Protecsure_Institute Clause Listing 11 Apr 2013 Page | 4

2. Salvage Charges

This insurance covers salvage charges incurred to avoid or in connection with the avoidance of loss from any cause except those excluded in Clauses 3, 4 and 5 below.

EXCLUSIONS

3. In no case shall this insurance cover

3.1 loss damage or expense attributable to wilful misconduct of the Assured

3.2 ordinary leakage, ordinary loss in weight or volume, or ordinary wear and tear of the subject-matter insured

3.3 loss damage or expense caused by insufficiency or unsuitability of packing or preparation of the subject-
matter insured to withstand the ordinary incidents of the insured transit where such packing or preparation is

carried out by the Assured or their employees or prior to the attachment of this insurance (for the purpose of these Clauses "packing" shall be deemed to include stowage in a container and "employees" shall not include independent contractors)

3.4 loss damage or expense caused by inherent vice or nature of the subject-matter insured

3.5 loss damage or expense arising from unfitness of aircraft conveyance or container for the safe carriage of
the subject-matter insured, where loading therein or thereon is carried out prior to attachment of this

insurance or by the Assured or their employees and they are privy to such unfitness at the time of loading.
This exclusion shall not apply where the contract of 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.

3.6 loss damage or expense caused by delay, even though the delay be caused by a risk insured against

3.7 loss damage or expense caused by insolvency or financial default of the owners managers charterers or
operators of the aircraft where, at the time of loading of the subject-matter insured on board the aircraft,

the Assured are aware, or in the ordinary course of business should be aware, that such insolvency or financial default could prevent the normal prosecution of the transit.

This exclusion shall not apply where the contract of 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

3.8 loss damage or expense directly or indirectly caused by or arising from the use of any weapon or device
employing atomic or nuclear fission and/or fusion or other like reaction or radioactive force or matter.

4. In no case shall this insurance cover loss damage or expense caused by

4.1 war civil war revolution rebellion insurrection, or civil strife arising therefrom, or any hostile act by or against a
belligerent power

4.2 capture seizure arrest restraint or detainment (piracy excepted), and the consequences thereof or any

attempt thereat

4.3 derelict mines torpedoes bombs or other derelict weapons of war. 5. In no case shall this insurance cover loss damage or expense

5.1 caused by strikers, locked-out workmen, or persons taking part in labour disturbances, riots or civil
commotions

5.2 resulting from strikes, lock-outs, labour disturbances, riots or civil commotions

5.3 caused by any act of terrorism being an act of any person acting on behalf of, or in connection with, any
organisation which carries out activities directed towards the overthrowing or influencing, by force or

violence, of any government whether or not legally constituted

5.4 caused by any person acting from a political, ideological or religious motive.

DURATION

6. Transit Clause

6.1 Subject to Clause 9 below, this insurance attaches from the time the subject-matter insured is first moved in
the warehouse, premises or at the place of storage (at the place named in the contract of insurance) for

the purpose of the immediate loading into or onto the carrying vehicle or other conveyance for the commencement of transit,

continues during the ordinary course of transit and terminates either

6.1.1 on completion of unloading from the carrying vehicle or other conveyance in or at the final
warehouse, premises or place of storage at the destination named in the contract of insurance,

6.1.2 on completion of unloading from the carrying vehicle or other conveyance in or at any other
warehouse, premises or place of storage, whether prior to or at the destination named in the contract

of insurance, which the Assured or their employees elect to use either for storage other than in the ordinary course of transit or for allocation or distribution, or

6.1.3 when the Assured or their employees elect to use any carrying vehicle or other conveyance or any
container for storage other than in the ordinary course of transit or

6.1.4 on the expiry of 30 days after completion of unloading of the subject-matter insured from the aircraft at
the final place of discharge,

whichever shall first occur.

6.2 If, after unloading from the aircraft at the final place of discharge, but prior to termination of this insurance,

Protecsure_Institute Clause Listing 11 Apr 2013 Page | 5

the subject-matter insured is to be forwarded to a destination other than that to which it is insured, this
insurance, whilst remaining subject to termination as provided in Clauses 6.1.1 to 6.1.4, shall not extend
beyond the time the subject-matter insured is first moved for the purpose of the commencement of transit to
such other destination.

6.3 This insurance shall remain in force (subject to termination as provided for in Clauses 6.1.1 to 6.1.4 above and
to the provisions of Clause 7 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 the air carriers under the contract of carriage.

7. Termination of Contract of Carriage

If owing to circumstances beyond the control of the Assured either the contract of carriage is terminated at a place other than the destination named therein or the transit is otherwise terminated before unloading of the subject-matter insured as provided for in Clause 6 above, then this insurance shall also terminate unless prompt notice is given to the Insurers and continuation of cover is requested when this insurance shall remain in force, subject to an additional premium if required by the Insurers, either

7.1 until the subject-matter insured is sold and delivered at such place, or, unless otherwise specially agreed,
until the expiry of 30 days after arrival of the subject-matter insured at such place, whichever shall first occur,

7.2 if the subject-matter insured is forwarded within the said period of 30 days (or any agreed extension thereof)
to the destination named in the contract of insurance or to any other destination, until terminated in

accordance with the provisions of Clause 6 above.

8. Change of Transit

8.1 Where, after attachment of this insurance, the destination is changed by the Assured, this must be notified
promptly to Insurers for rates and terms to be agreed. Should a loss occur prior to such agreement being

obtained cover may be provided but only if cover would have been available at a reasonable commercial market rate on reasonable market terms.

8.2 Where the subject-matter insured commences the transit contemplated by this insurance (in accordance
with Clause 6.1), but, without the knowledge of the Assured or their employees the aircraft leaves for another

destination, this insurance will nevertheless be deemed to have attached at commencement of such transit.

CLAIMS

9. Insurable Interest

9.1 In order to recover under this insurance the Assured must have an insurable interest in the subject- matter
insured at the time of the loss.

9.2 Subject to Clause 9.1 above, the Assured shall be entitled to recover for insured loss occurring during the
period covered by this insurance, notwithstanding that the loss occurred before the contract of insurance

was concluded, unless the Assured were aware of the loss and the Insurers were not.

10. Forwarding Charges

Where, as a result of the operation of a risk covered by this insurance, the insured transit is terminated at a place other than that to which the subject-matter insured is covered under this insurance, the Insurers will reimburse the Assured for any extra charges properly and reasonably incurred in unloading storing and forwarding the subject-matter insured to the destination to which it is insured.

This Clause 10, which does not apply to salvage charges, shall be subject to the exclusions contained in Clauses 3, 4 and 5 above, and shall not include charges arising from the fault negligence insolvency or financial default of the Assured or their employees.

11. Constructive Total Loss

12. Increased Value

12.1 If any Increased Value insurance is effected by the Assured on the subject-matter insured under this
insurance the agreed value of the subject-matter insured shall be deemed to be increased to the total

In the event of claim the Assured shall provide the Insurers with evidence of the amounts insured under all other insurances.

12.2 Where this insurance is on Increased Value the following clause shall apply:

In the event of claim the Assured shall provide the Insurers with evidence of the amounts insured under all other insurances.

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BENEFIT OF INSURANCE

13. This insurance

13.1 covers the Assured which includes the person claiming indemnity either as the person by or on whose behalf
the contract of insurance was effected or as an assignee,

13.2 shall not extend to or otherwise benefit the carrier or other bailee.

MINIMISING LOSSES

14. Duty of Assured

It is the duty of the Assured and their employees and agents in respect of loss recoverable hereunder

14.1 to take such measures as may be reasonable for the purpose of averting or minimising such loss, and

14.2 to ensure that all rights against carriers, bailees or other third parties are properly preserved and exercised

and the Insurers will, in addition to any loss recoverable hereunder, reimburse the Assured for any charges properly and reasonably incurred in pursuance of these duties.

15. Waiver

AVOIDANCE OF DELAY

16. It is a condition of this insurance that the Assured shall act with reasonable despatch in all circumstances within
their control.

LAW AND PRACTICE

17. This insurance is subject to English law and practice.

NOTE:- Where a continuation of cover is requested under Clause 7, or a change of destination is notified under Clause 8, there is an obligation to give prompt notice to the Insurers and the right to such cover is dependent upon compliance with this obligation.

CL387

01/01/2009

INSTITUTE STRIKES CLAUSES (CARGO) 1/1/09

RISKS COVERED

1. Risks

This insurance covers, except as excluded by the provisions of Clauses 3 and 4 below, loss of or damage to the subject-matter insured caused by

1.1 strikers, locked-out workmen, or persons taking part in labour disturbances, riots or civil commotions

1.2 any act of terrorism being an act of any person acting on behalf of, or in connection with, any
organisation which carries out activities directed towards the overthrowing or influencing, by force or

violence, of any government whether or not legally constituted

1.3 any person acting from a political, ideological or religious motive.

2. General Average

EXCLUSIONS

3. In no case shall this insurance cover

3.1 loss damage or expense attributable to wilful misconduct of the Assured

3.2 ordinary leakage, ordinary loss in weight or volume, or ordinary wear and tear of the subject-matter insured

preparation is carried out by the Assured or their employees or prior to the attachment of this insurance (for the purpose of this Clause 3.3 "packing" shall be deemed to include stowage in a container and "employees" shall not include independent contractors)

3.4 loss damage or expense caused by inherent vice or nature of the subject-matter insured

3.5 loss damage or expense caused by delay, even though the delay be caused by a risk insured against
(except expenses payable under Clause 2 above)

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3.6 loss damage or expense caused by insolvency or financial default of the owners managers charterers or

3.7 loss damage or expense arising from the absence shortage or withholding of labour of any description

whatsoever resulting from any strike, lockout, labour disturbance, riot or civil commotion

3.8 any claim based upon loss of or frustration of the voyage or adventure

3.9 loss damage or expense directly or indirectly caused by or arising from the use of any weapon or device

employing atomic or nuclear fission and/or fusion or other like reaction or radioactive force or matter

3.10 loss damage or expense caused by war civil war revolution rebellion insurrection, or civil strife arising
therefrom, or any hostile act by or against a belligerent power.

4. 4.1 In no case shall this insurance cover loss damage or expense arising from

4.1.1 unseaworthiness of vessel or craft or unfitness of vessel or craft for the safe carriage of the subject-
matter insured, where the Assured are privy to such unseaworthiness or unfitness, at the time the

subject-matter insured is loaded therein

4.1.2 unfitness of container or conveyance for the safe carriage of the subject-matter insured, where
loading therein or thereon is carried out

prior to attachment of this insurance or by the Assured or their employees and they are privy to such unfitness at the time of loading.

4.2 Exclusion 4.1.1 above shall not apply where the contract of 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.

4.3 The Insurers 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.

DURATION

5. Transit Clause

5.1 Subject to Clause 8 below, this insurance attaches from the time the subject-matter insured is first moved in
the warehouse or at the place of storage (at the place named in the contract of insurance) for the

purpose of the immediate loading into or onto the carrying vehicle or other conveyance for the commencement of transit,

continues during the ordinary course of transit and terminates either

5.1.1 on completion of unloading from the carrying vehicle or other conveyance in or at the final
warehouse or place of storage at the destination named in the contract of insurance,

5.1.2 on completion of unloading from the carrying vehicle or other conveyance in or at any other
warehouse or place of storage, whether prior to or at the destination named in the contract of

insurance, which the Assured or their employees elect to use either for storage other than in the ordinary course of transit or for allocation or distribution, or

5.1.3 when the Assured or their employees elect to use any carrying vehicle or other conveyance or any
container for storage other than in the ordinary course of transit or

5.1.4 on the expiry of 60 days after completion of discharge overside of the subject-matter insured from the
oversea vessel at the final port of discharge,

whichever shall first occur.

5.2 If, after discharge overside from the oversea vessel at the final port of discharge, but prior to termination of

this insurance, the subject-matter insured is to be forwarded to a destination other than that to which it is insured, this insurance, whilst remaining subject to termination as provided in Clauses 5.1.1 to 5.1.4, shall not extend beyond the time the subject-matter insured is first moved for the purpose of the commencement of transit to such other destination.

5.3 This insurance shall remain in force (subject to termination as provided for in Clauses 5.1.1 to 5.1.4 above and

to the provisions of Clause 6 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 carriers under the contract of carriage.

6. Termination of Contract of Carriage

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 unloading of the subject-matter insured as provided for in Clause 5 above, then this insurance shall also terminate unless prompt notice is given to the Insurers and continuation of cover is requested when this insurance shall remain in force, subject to an additional premium if required by the Insurers, either

6.1 until the subject-matter insured is sold and delivered at such port or place, or, unless otherwise specially

agreed, until the expiry of 60 days after arrival of the subject-matter insured at such port or place, whichever shall first occur,

6.2 if the subject-matter insured is forwarded within the said period of 60 days (or any agreed extension

Protecsure_Institute Clause Listing 11 Apr 2013 Page | 8

thereof) to the destination named in the contract of insurance or to any other destination, until terminated in accordance with the provisions of Clause 5 above.

7. Change of Voyage

7.1 Where, after attachment of this insurance, the destination is changed by the Assured, this must be
notified promptly to Insurers for rates and terms to be agreed. Should a loss occur prior to such

agreement being obtained cover may be provided but only if cover would have been available at a reasonable commercial market rate on reasonable market terms.

7.2 Where the subject-matter insured commences the transit contemplated by this insurance (in accordance
with Clause 5.1), but, without the knowledge of the Assured or their employees the ship sails for another

destination, this insurance will nevertheless be deemed to have attached at commencement of such
transit.

CLAIMS

8. Insurable Interest

8.1 In order to recover under this insurance the Assured must have an insurable interest in the subject- matter
insured at the time of the loss.

8.2 Subject to Clause 8.1 above, the Assured shall be entitled to recover for insured loss occurring during the
period covered by this insurance, notwithstanding that the loss occurred before the contract of insurance

was concluded, unless the Assured were aware of the loss and the Insurers were not.

9. Increased Value

9.1 If any Increased Value insurance is effected by the Assured on the subject-matter insured under this
insurance the agreed value of the subject-matter insured shall be deemed to be increased to the total

In the event of claim the Assured shall provide the Insurers with evidence of the amounts insured under all other insurances.

9.2 Where this insurance is on Increased Value the following clause shall apply:

In the event of claim the Assured shall provide the Insurers with evidence of the amounts insured under all other insurances.

BENEFIT OF INSURANCE

10. This insurance

10.1 covers the Assured which includes the person claiming indemnity either as the person by or on whose behalf
the contract of insurance was effected or as an assignee,

10.2 shall not extend to or otherwise benefit the carrier or other bailee.

MINIMISING LOSSES

11. Duty of Assured

It is the duty of the Assured and their employees and agents in respect of loss recoverable hereunder

11.1 to take such measures as may be reasonable for the purpose of averting or minimising such loss, and

11.2 to ensure that all rights against carriers, bailees or other third parties are properly preserved and
exercised

and the Insurers will, in addition to any loss recoverable hereunder, reimburse the Assured for any charges properly and reasonably incurred in pursuance of these duties.

12. Waiver

AVOIDANCE OF DELAY

13. It is a condition of this insurance that the Assured shall act with reasonable despatch in all circumstances
within their control.

LAW AND PRACTICE

14. This insurance is subject to English law and practice.

NOTE:- Where a continuation of cover is requested under Clause 6, or a change of destination is notified under Clause 7, there is an obligation to give prompt notice to the Insurers and the right to such cover is dependent upon compliance with this obligation.

01/01/2009

Protecsure_Institute Clause Listing 11 Apr 2013 Page | 9

INSTITUTE STRIKES CLAUSES (AIR CARGO) 1/1/09

RISKS COVERED

1. Risks

This insurance covers, except as excluded by the provisions of Clause 3 below, loss of or damage to the subject-
matter insured caused by

1.1 strikers, locked-out workmen, or persons taking part in labour disturbances, riots or civil commotions

violence, of any government whether or not legally constituted

1.3 any person acting from a political, ideological or religious motive.

2. Salvage Charges

This insurance covers salvage charges incurred to avoid or in connection with the avoidance of loss from any cause except those excluded in Clause 3 below.

EXCLUSIONS

3. In no case shall this insurance cover

3.1 loss damage or expense attributable to wilful misconduct of the Assured

3.2 ordinary leakage, ordinary loss in weight or volume, or ordinary wear and tear of the subject-matter insured

3.3 loss damage or expense caused by insufficiency or unsuitability of packing or preparation of the subject-

matter insured to withstand the ordinary incidents of the insured transit where such packing or preparation is carried out by the Assured or their employees or prior to the attachment of this insurance (for the purpose of this Clause 3.3 "packing" shall be deemed to include stowage in a container and "employees" shall not include independent contractors)

3.4 loss damage or expense caused by inherent vice or nature of the subject-matter insured

3.5 loss damage or expense arising from unfitness of aircraft conveyance or container for the safe carriage of

the subject-matter insured, where loading therein or thereon is carried out prior to attachment of this
insurance or by the Assured or their employees and they are privy to such unfitness at the time of loading.
This exclusion shall not apply where the contract of 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.

3.6 loss damage or expense caused by delay, even though the delay be caused by a risk insured against

3.7 loss damage or expense caused by insolvency or financial default of the owners managers charterers or

operators of the aircraft where, at the time of loading of the subject-matter insured on board the aircraft, the Assured are aware, or in the ordinary course of business should be aware, that such insolvency or financial default could prevent the normal prosecution of the transit

3.8 loss damage or expense arising from the absence shortage or withholding of labour of any description

whatsoever resulting from any strike, lockout, labour disturbance, riot or civil commotion

3.9 any claim based upon loss of or frustration of the transit or adventure

3.10 loss damage or expense directly or indirectly caused by or arising from the use of any weapon or device
employing atomic or nuclear fission and/or fusion or other like reaction or radioactive force or matter

3.11 loss damage or expense caused by war civil war revolution rebellion insurrection, or civil strife arising
therefrom, or any hostile act by or against a belligerent power.

DURATION

4. Transit Clause

4.1 Subject to Clause 7 below, this insurance attaches from the time the subject-matter insured is first moved

in the warehouse, premises or at the place of storage (at the place named in the contract of insurance) for the purpose of the immediate loading into or onto the carrying vehicle or other conveyance for the commencement of transit,

continues during the ordinary course of transit and terminates either

4.1.1 on completion of unloading from the carrying vehicle or other conveyance in or at the final
warehouse, premises or place of storage at the destination named in the contract of insurance,

4.1.2 on completion of unloading from the carrying vehicle or other conveyance in or at any other
warehouse, premises or place of storage, whether prior to or at the destination named in the

contract of insurance, which the Assured or their employees elect to use either for storage other than in the ordinary course of transit or for allocation or distribution, or

4.1.3 when the Assured or their employees elect to use any carrying vehicle or other conveyance or any
container for storage other than in the ordinary course of transit or

4.1.4 on the expiry of 30 days after completion of unloading of the subject-matter insured from the aircraft
at the final place of discharge,

Protecsure_Institute Clause Listing 11 Apr 2013 Page | 10

whichever shall first occur.

4.2 If, after unloading from the aircraft at the final place of discharge, but prior to termination of this
insurance, the subject-matter insured is to be forwarded to a destination other than that to which it is

insured, this insurance, whilst remaining subject to termination as provided in Clauses 4.1.1 to 4.1.4, shall not extend beyond the time the subject-matter insured is first moved for the purpose of the commencement of transit to such other destination.

4.3 This insurance shall remain in force (subject to termination as provided for in Clauses 4.1.1 to 4.1.4 above and
to the provisions of Clause 5 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 the air carriers under the contract of carriage.

5. Termination of Contract of Carriage

If owing to circumstances beyond the control of the Assured either the contract of carriage is terminated at a place other than the destination named therein or the transit is otherwise terminated before unloading of the subject-matter insured as provided for in Clause 4 above, then this insurance shall also terminate unless prompt notice is given to the Insurers and continuation of cover is requested when this insurance shall remain in force, subject to an additional premium if required by the Insurers, either

5.1 until the subject-matter insured is sold and delivered at such place, or, unless otherwise specially agreed,
until the expiry of 30 days after arrival of the subject-matter insured at such place, whichever shall first occur, or

5.2 if the subject-matter insured is forwarded within the said period of 30 days (or any agreed extension
thereof) to the destination named in the contract of insurance or to any other destination, until

terminated in accordance with the provisions of Clause 4 above.

6. Change of Transit

6.1 Where, after attachment of this insurance, the destination is changed by the Assured, this must be
notified promptly to Insurers for rates and terms to be agreed. Should a loss occur prior to such

agreement being obtained cover may be provided but only if cover would have been available at a reasonable commercial market rate on reasonable market terms.

6.2 Where the subject-matter insured commences the transit contemplated by this insurance (in accordance
with Clause 4.1), but, without the knowledge of the Assured or their employees the aircraft leaves for

another destination, this insurance will nevertheless be deemed to have attached at commencement of
such transit.

CLAIMS

7. Insurable Interest

7.1 In order to recover under this insurance the Assured must have an insurable interest in the subject- matter
insured at the time of the loss.

7.2 Subject to Clause 7.1 above, the Assured shall be entitled to recover for insured loss occurring during the
period covered by this insurance, notwithstanding that the loss occurred before the contract of insurance

was concluded, unless the Assured were aware of the loss and the Insurers were not.

8. Increased Value

8.1 If any Increased Value insurance is effected by the Assured on the subject-matter insured under this
insurance the agreed value of the subject-matter insured shall be deemed to be increased to the total

In the event of claim the Assured shall provide the Insurers with evidence of the amounts insured under all other insurances.

8.2 Where this insurance is on Increased Value the following clause shall apply:

In the event of claim the Assured shall provide the Insurers with evidence of the amounts insured under all other insurances.

BENEFIT OF INSURANCE

9. This insurance

9.1 covers the Assured which includes the person claiming indemnity either as the person by or on whose behalf
the contract of insurance was effected or as an assignee,

9.2 shall not extend to or otherwise benefit the carrier or other bailee.

MINIMISING LOSSES

10. Duty of Assured

It is the duty of the Assured and their employees and agents in respect of loss recoverable hereunder

10.1 to take such measures as may be reasonable for the purpose of averting or minimising such loss, and

10.2 to ensure that all rights against carriers, bailees or other third parties are properly preserved and
exercised

Protecsure_Institute Clause Listing 11 Apr 2013 Page | 11

and the Insurers will, in addition to any loss recoverable hereunder, reimburse the Assured for any charges properly and reasonably incurred in pursuance of these duties.

11. Waiver

AVOIDANCE OF DELAY

12. It is a condition of this insurance that the Assured shall act with reasonable despatch in all circumstances
within their control.

LAW AND PRACTICE

13. This insurance is subject to English law and practice.

NOTE:- Where a continuation of cover is requested under Clause 5, or a change of destination is notified under Clause 6, there is an obligation to give prompt notice to the Insurers and the right to such cover is dependent upon compliance with this obligation.

CL389

01/01/2009

(FOR USE ONLY WITH THE NEW MARINE POLICY FORM)

INSTITUTE FROZEN FOODS CLAUSES (A) 1/1/86

(Excluding Frozen Meat and amended to read “Chilled’ as applicable)

RISKS COVERED

1. Risks

This insurance covers, except as provided in Clauses 4, 5, 6 and 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

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

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. 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 to 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)

Protecsure_Institute Clause Listing 11 Apr 2013 Page | 12

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 of 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

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 restraints 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

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,

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

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,

Protecsure_Institute Clause Listing 11 Apr 2013 Page | 13

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

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.

CLAIMS

11. Insurable Interest Clause

11.1 In order to recover under this insurance the Assured must have an insurable interest in the subject-matter
insured at the time of the loss.

11.2 Subject to 11.1 above, the Assured shall be entitled to recover for insured loss occurring during the period
covered by this insurance, notwithstanding that the loss occurred before the contract of insurance was

concluded, unless the Assured were aware of the loss and the Underwriters were not.

12. Forwarding Charges Clause

Where, are a result of the operation of a risk covered by this insurance, the insured transit is terminated at a port or place other than that to which the subject-matter is covered under this insurance, the Underwriters will reimburse the Assured 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.

This Clause 12, which does not apply to general average or salvage charges, shall be subject to the exclusions contained in Clauses 4, 5, 6 and 7 above, and shall not include charges arising from the fault negligence insolvency or financial default of the Assured or their servants.

13. Constructive Total Loss Clause

No claim for Constructive Total Loss shall be recoverable hereunder unless the subject-matter insured is reasonably abandoned either on account of its actual total loss appearing to be unavoidable or because the cost of recovering, reconditioning and forwarding the subject-matter to the destination to which it is insured would exceed its value on arrival.

14. Increased Value Clause

14.1 If any Increased Value insurance is effected by the Assured on the cargo insured herein the agreed value of
the cargo shall be deemed to be increased to the total amount insured under this insurance and all

Increased Value insurances covering the loss, and liability under this insurance shall be in such proportion as the sum insured herein bears to such total amount insured.

In the event of claim the Assured shall provide the Underwriters with evidence of the amounts insured under all other insurances.

14.2 Where this insurances on Increased Value the following clause shall apply:

The agreed value of the cargo shall be deemed to equal to the total amount insured under the primary
insurance and all Increased Value insurances covering the loss and effected on the cargo by the Assured,
and liability under this insurance shall be in such proportion as the sum insured herein bears to such total
amount insured.

In the event of claim the Assured shall provide the Underwriters with evidence of the amounts insured under all other insurances.

BENEFIT OF INSURANCE

15. Not to Insure Clause

This insurance shall not inure to the benefit of the carrier or other bailee.

MINIMISING LOSSES

16. Duty of Assured Clause

It is duty of the Assured and their servants and agents in respect of loss recoverable hereunder

16.1 to take such measures as may be reasonable for the purpose of averting or minimising such loss,
and

16.2 to ensure that all rights against carriers, bailees or other third parties are properly preserved and exercised
and the Underwriters will, in addition to any loss recoverable hereunder, reimburse the Assured for any

charges properly and reasonably incurred in pursuance of these duties.

17. Waiver Clause

Measures taken by the Assured or the Underwriters with the object of saving, protecting or recovering the subject-matter insured shall not be considered as a waiver or acceptance of abandonment or otherwise prejudice the rights to either party.

AVOIDANCE OF DELAY

18. Reasonable Despatch Clause

It is a condition of this insurance that the Assured shall act with reasonable despatch in all circumstances within
their control.

Protecsure_Institute Clause Listing 11 Apr 2013 Page | 14

LAW AND PRACTICE

19. English law and Practice Clause

This insurance is subject to English law and practice. ________________________________________

NOTE:- It is necessary for the Assured when they become aware of an event which is “held covered” under this
insurance to give prompt notice to the Underwriters and the right to such cover is dependent upon compliance
with this obligation.

SPECIAL NOTE:- This insurance does not cover loss damage or expense caused by embargo, or by rejection prohibition or detention by the government of the country of import or their agencies or departments, but does not exclude loss of or damage to the subject-matter insured caused by risks insured hereunder and sustained prior to any such embargo rejection prohibition or detention.

________________________________________

CL. 263. Sold by Witherby & Co. Ltd., London.
1/1/86

(FOR USE ONLY WITH THE NEW MARINE POLICY FORM)

INSTITUTE STRIKES CLAUSES (FROZEN FOOD) 1/1/86

(Excluding Frozen Meat and amended to read “Chilled’ as applicable and with Clause 5.1.1 and 5.1.3 deleted)

RISKS COVERED

1. Risks

This insurance covers, except as provided in Clauses 3 and 4 below, loss of or damage to the subject-matter insured caused by

1.1 strikers, locked-out workmen, or persons taking part in labour disturbances, riots or civil commotions

1.2 any terrorist or any person acting from a political motive.

2. General Average Clause

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 a risk covered under these clauses.

EXCLUSIONS

3. General Exclusions Clause

In no case shall this insurance cover

3.1 loss damage or expense attributable to wilful misconduct of the Assured

3.2 ordinary leakage, ordinary loss in weight or volume, or ordinary wear and tear of the subject-matter insured

3.3 loss damage or expense caused by insufficiency or unsuitability of packing or preparation of the subject-
matter insured (for the purpose of this Clauses 3.3 “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)

3.4 loss damage or expense caused by inherent vice or nature of the subject-matter insured

3.5 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)

3.6 loss damage or expense arising from insolvency or financial default of the owners managers charterers or
operators of the vessel

3.7 loss damage or expense arising from the absence shortage or withholding of equipment, power, fuel,
coolant, refrigerant or labour of any description whatsoever resulting from any strike, lockout, labour

disturbance, riot or civil commotion

3.8 any claim based upon loss of or frustration of the voyage or adventure

3.9 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

3.10 loss damage or expense caused by war civil war revolution rebellion insurrection, or civil strife arising
therefrom, or any hostile act by or against a belligerent power

3.11 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.

4. Unseaworthiness and Unfitness Exclusion Clause

4.1 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-

Protecsure_Institute Clause Listing 11 Apr 2013 Page | 15

matter insured is loaded therein.

4.2 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.

DURATION

5. Transit Clause

5.1 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

5.1.1 on delivery to the cold store or place of storage at the destination named herein,

5.1.2 herein, which the Assured elect to use either

5.1.2.1 for storage other than in the ordinary course of transit or

5.1.2.2 for allocation or distribution,

5.1.3 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.

5.2 If, after discharge overside from the oversea vessel at the final port of discharge, put 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.

5.3 This insurance shall remain in force (subject to termination as provided for above and to the provisions of
Clause 6 below) during delay beyond the control of the Assured, any deviation, forced discharge,

reshipment or transshipment and during any variation of the adventure arising from the exercise of a liberty granted to shipowners or charterers under the contract of affreightment.

6. Termination of Contract of Carriage Clause

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 5 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

6.1 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,

6.2 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 5 above.

7. Change of Voyage Clause

CLAIMS

8. Insurable Interest Clause

8.1 In order to recover under this insurance the Assured must have an insurable interest in the subject-matter
insured at the time of the loss.

8.2 Subject to 8.1 above, the Assured shall be entitled to recover for insured loss occurring during the period
covered by this insurance, notwithstanding that the loss occurred before the contract of insurance was

concluded, unless the Assured were aware of the loss and the Underwriters were not.

9. Increased Value Clause

9.1 If any Increased Value insurance is effected by the Assured on the cargo insured herein the agreed value of
the cargo shall be deemed to be increased to the total amount insured under this insurance and all

Increased Value insurances covering the loss, and liability under this insurance shall be in such proportion as the sum insured herein bears to such total amount insured.

In the event of claim the Assured shall provide the Underwriters with evidence of the amounts insured under all other insurances.

9.2 Where this insurance is on Increased Value the following clause shall apply:

The agreed value of the cargo shall be deemed to be equal to the total amount insured under the primary
insurance and all Increased Value insurances covering the loss and effected on the cargo by the Assured,
and liability under this insurance shall be in such proportion as the sum insured herein bears to such total
amount insured.

In the event of claim the Assured shall provide the Underwriters with evidence of the amounts insured under all other insurances.

BENEFIT OF INSURANCE

10. Not to Insure Clause

This insurance shall not inure to the benefit of the carrier or other bailee.

Protecsure_Institute Clause Listing 11 Apr 2013 Page | 16

MINIMISING LOSSES

11. Duty of Assured Clause

It is the duty of the Assured and their servants and agents in respect of loss recoverable hereunder

11.1 to take such measures as may be reasonable for the purpose of averting or minimising such loss,
and

11.2 to ensure that all rights against carriers, bailees or other third parties are properly preserved and exercised

and the Underwriters will, in addition to any loss recoverable hereunder, reimburse the Assured for any charges properly and reasonably incurred in pursuance of these duties.

12. Waiver Clause

AVOIDANCE OF DELAY

13. Reasonable Despatch Clause

It is a condition of this insurance that the Assured shall act with reasonable despatch in all circumstances within
their control.

LAW AND PRACTICE

14. English Law and Practice Clause

This insurance is subject to English law and practice.

SPECIAL NOTE:- This insurance does not cover loss damage or expense caused by embargo, or by rejection prohibition or detention by the government of the country or import or their agencies or departments, but does not exclude loss of or damage to the subject-matter insured caused by risks insured hereunder and sustained prior to any such embargo rejection prohibition or detention.

CL. 265. Sold by Witherby & Co. Ltd., London.
1/1/86

INSTITUTE FROZEN FOOD EXTENSION CLAUSES 1/1/86

(For use only with the Institute Frozen Food Clauses (A) 1/1/86 and amended to read “Chilled’ as applicable)

Clause 1 and Clauses 4.4 and 4.5 of the attached Institute Frozen Food Clauses (A) 1/1/86 are deemed to be deleted and replaced by:

1. Subject always to the goods being in sound condition at the time of attachment, this insurance covers, except
as provided in Clauses 4, 5, 6 and 7 below, loss of, deterioration of, or damage to the subject-matter insured

which shall arise during the currency of this insurance.

4. 4.4 loss damage or expense arising from bone taint, salmonella, infection prior to attachment of this

insurance, fault in preparation dressing cooling freezing wrapping or packing

4.5 claims arising from loss of market

Nevertheless, in the absence of prior notice to the Underwriters and agreement of any additional premium
required by them, this insurance excludes any claim for deterioration of or damage to the subject-matter insured
where the period between the first passing of the goods into a Freezing Chamber and attachment of this
insurance exceeds 60 days.

CL. 334 Sold by Witherby & Co. Ltd., London

1/1/86

(FOR USE ONLY WITH NEW MARINE POLICY FORM)

INSTITUTE FROZEN MEAT CLAUSES (A) 1/1/86

(not suitable for chilled, cooled or fresh meat, amended to read “chilled” as applicable and with Clauses 8.1.1 and 8.1.3 deleted)

RISKS COVERED

1. Risks Clause

This insurance covers all risks of loss of or damage to the subject-matter insured except as provided in Clauses 4

Protecsure_Institute Clause Listing 11 Apr 2013 Page | 17

Comment [MO1]: schedule refers to chilled cargoes

5, 6 and 7 below.

2. General Average Clause

3. “Both to Blame for Collision” Clause

EXCLUSIONS

4. General Exclusions Clause

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 whilst this insurance is in force)

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 caused by insolvency or financial default of the owners managers charterers or

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

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 on shore caused directly or indirectly by earthquake, volcanic eruption and/or fire

resulting therefrom

4.9 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.

5. Unseaworthiness and Unfitness Exclusions Clause

5.1 In no case shall this insurance cover loss damage or expense arising from

subject-matter insured is loaded therein.

5.1.2 unfitness of container liftvan or land conveyance for the safe carriage of the subject-matter insured,
where loading therein is carried out prior to attachment of this insurance or by the Assured or their

servants.

5.2 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, exclusion 5.1.1 above shall not apply.

5.3 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.

6. War Exclusions Clause