Marine Cargo Insurance
Subject to the prior payment of, or your agreement to
pay, the premium set out in the schedule, we agree to provide insurance as set
out in this policy.
In issuing this policy, we have relied on the
information contained in the proposal form and/or any other information given
by you or on your behalf.
1. The cover
We insure you for physical loss of or damage to the
subject matter insured, liability or expense on conditions as set out in the
schedule.
When the cover applies
The insurance only applies to voyages that commence
during the period of insurance specified in the schedule, or during any
subsequent period that we have accepted payment for.
2. Conditions of cover
2.1 Conditions
of insurance
The conditions of insurance are as specified in this policy
wording, the schedule and
attachments and any clauses referred to in the schedule, all of
which are to be read together.
2.1.1 Any
reference in the conditions of insurance to Institute Clauses is to the clauses
published by the International Underwriting Association of
London current at the
effective date of this policy.
2.2 Basis of valuation
2.2.1 For
shipments involving imports or exports the subject matter insured is agreed to
be
valued as stated in the schedule.
2.2.2 For
transits commencing and terminating within the same country:
a. when stated as invoice value in the schedule the
agreed value is the invoice
cost or value, plus any costs incidental to the insured
transit that are not covered by
the invoice; or
b. if there is no
invoice, the value is the market value or the cost, at the time of
the
commencement of the insured transit, of replacing the subject matter insured
with similar goods of the same age and condition.
2.3 Limits on cover
Further to any limitations to the cover set out in the
applicable conditions of insurance, this
insurance is limited to the maximum limit of liability stated in
the schedule.
2.4 Voyages
Voyage(s) to and from, as stated in the schedule, subject to the
“Duration” clause contained in
the relevant Institute Clauses stated in the schedule, excluding
2.4.1 to
and from Angola, Democratic Republic of Congo, Rwanda and Burundi
2.4.2 countries
subject to clause 7.11 Sanctions regulation.
3. Definitions
When
used in this policy, schedule or endorsements the following definitions will
apply:
3.1 Insured,
You, Your, Assured
insured, you, your, Assured means the insured as named
in the schedule or as otherwise defined in the policy.
3.2 Period of insurance
period of insurance means the period of insurance stated
in the schedule.
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3.3 Schedule
schedule
means the schedule attaching to and forming part of the policy, including any
schedule substituted for the original schedule.
3.4 Subject matter insured
subject
matter insured means the insured goods as stated in the schedule, including
packaging
and labels.
3.5 Terrorism
terrorism means any act(s) of any person(s) or
organisation(s) involving:
3.5.1 the causing, occasioning or threatening of harm
of whatever nature and by whatever
means;
3.5.2 putting the
public or any section of the public in fear;
in circumstances in which it is reasonable to conclude
that the purpose(s) of the person(s) or
organisation(s) concerned are wholly or partly of a political,
religious, ideological or similar
nature.
3.6 Hijack
The seizure of a commercial vehicle (airplane, ship, or
truck) by force or threat of force.
3.7 Computer system
Computer
system means any computer, hardware, software, communications system,
electronic device (including, but not limited to, smart phone, laptop, tablet,
wearable device), server, cloud or microcontroller including any similar system
or any configuration of the aforementioned and including any associated input,
output, data storage device, networking equipment or back up facility, owned or operated by the Insured or any
other party.
3.8 Data
Data means information, facts, concepts, code or any other
information of any kind that is
recorded or transmitted in a form to be used, accessed,
processed, transmitted or stored by a
Computer System.
3.9 Data processing media
Data Processing Media means any property insured by this Policy
on which Data can be stored
but not the Data itself.
4. Additional clauses
4.1 Location clause
Notwithstanding
anything to the contrary contained in the contract of insurance Insurers’
liability in respect of any one accident or series of
accidents arising from the same event in any
one location shall not exceed double the
‘limit of liability any one conveyance’ or as stated in the
schedule.
4.2 Acquired companies
This insurance will cover any company or entity formed or
acquired by you during the period of
insurance. However, you must hold a controlling interest in the
company or entity or must accept
responsibility for its insurance. In addition, you must:
4.2.1 inform
us of the formation or acquisition within 30 days;
4.2.2 provide
us with the same information in relation to the company or entity that you
provided
to us when applying for or renewing this policy;
4.2.3 agree to any
additional conditions relating to the insurance in respect of the company
or
entity; and
4.2.4 pay any additional premium we may charge.
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4.3 Airfreight replacement (imports only)
If
loss or damage occurs, to the subject matter insured while being imported,
which is
recoverable
under this policy, we will pay the cost of either returning the subject matter
insured to the manufacturer for repair and return or replacing the subject
matter insured or parts from the supplier
by air, whether or not the subject matter insured was originally sent by air.
Claims made under this clause are subject to the limit, as stated in the
schedule, any one loss or
occurrence in addition to the sum insured.
4.4 Brands
We will not sell or dispose of salvaged branded goods
without your consent. If you do not give
your consent we may retain the goods and their
reasonable salvaged value will be deducted from the amount payable in respect
of the claim.
4.5 Cargo ISM & ISPS forwarding charges
This insurance is extended to reimburse you up to the
limit of the sum insured for the voyage,
for
any extra charges properly and reasonably incurred in unloading, sorting and
forwarding the subject matter insured to the destination to which it is insured
following release 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 to:
4.5.1 the
vessel not being certified in accordance with the ISM & ISPS code; or
4.5.2 a
current Document of Compliance not being held by her owners or operators as
required under the Safety of Life at Sea (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.
4.6 Containers
This policy will cover your legal liability for physical
loss of or damage to general purpose I.S.O. fully
enclosed containers and/or flatracks in your care, custody and control to the
limit, as stated in the schedule, any one loss or occurrence in addition to the
sum insured.
4.7 Container demurrage charges
This policy will cover demurrage charges and/or late
penalties assessed against you for the late
return of containers when they are retained by you on our
instruction for inspection following a
claim to the maximum limit as stated in
the schedule, any one loss or occurrence in addition to
the sum insured.
The period for which we will be liable begins at the
time we instruct you to retain the containers and finishes at the time our
surveyor instructs you to return the containers.
4.8 Debris
This
policy covers the cost of removal and disposal of damaged, deteriorated or
contaminated subject matter insured and of cleaning and decontamination to the
limit as stated in the
schedule, any one loss or occurrence in
addition to the sum insured.
4.9 Deck cargo
If the subject matter insured is shipped on deck of
vessels other than in general purpose I.S.O fully
enclosed containers it is insured according to the conditions stated in the
schedule but excluding loss, damage or
expense caused by or arising from rust, oxidisation, discolouration, fresh water or sea water unless as a result of a
peril insured by the Institute Cargo Clauses (B) with sub clause 1.2.3 deleted.
4.10 Delayed unpacking
In the case of delay in opening cases, packages or
containers (except those showing signs of
damage, wetting or staining) loss or damage discovered
when they are opened within 90 days of
delivery will be treated as having
happened during an insured transit unless there is evidence to
the contrary.
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4.11 Difference in coverage
When
the subject matter insured is purchased on CIF or similar terms this policy
will insure the difference in the policy
conditions of the insurance arranged by the seller or their agents and the insurance
provided by this policy provided such difference has arisen from fault or
neglect of the seller or their agents complying with your instructions.
Consignments coming within the terms of this extension will be valued and
declared in accordance with the policy conditions. Claims recoverable under
this clause are subject to the following provisions:
4.11.1 you should protect and pursue all legally
enforceable means to recover the full amount
of the loss or damage from the seller in accordance with
the terms of purchase before claiming on this policy;
4.11.2 you should give to us all rights and remedies in
respect of any recourse you may have
for such loss or damage; and
4.11.3 you should cooperate in all aspect of the
recovery.
The existence of this clause should not be disclosed to
the seller or any other interested
party.
4.12 FOB Pre-shipment (imports only - not available for
bulk cargo)
Notwithstanding
the provisions of the contract of sale, where the subject matter insured is
purchased, for import, on an FOB, CFR or similar basis,
provided such subject matter insured is
not bulk cargo, 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 immediate loading into or onto the carrying
vehicle or other conveyance for the
commencement of transit.
In the event of payment under this policy, we are
entitled to subrogation of your rights of recourse
against the sellers. You must not disclose
the existence of this clause to the seller or any other
interested party.
4.13 General average and salvage
For the purpose of claims for General Average
contribution and Salvage Charges the subject matter insured shall be deemed to
be insured for its full contributory value.
4.14 Labels
In the event of loss or damage to labels or wrappers
caused by an insured peril, we will not be
liable for more than the cost of new labels, capsules or
wrappers and the cost of re-labeling and repacking but only up to the insured
value of the subject matter insured.
4.15 Re-consigned or re-shipped
Subject
to the terms and conditions of this policy where the subject matter insured has
been
insured
to a named port and is re-consigned or re-shipped direct from the wharf to
ports within South Africa, the insurance continues until final destination
without payment of extra premium or prior notification.
4.16 Sealed containers
Claims for theft, shortage or non-delivery of a whole package or
item shipped in a container will
not be invalidated solely because the seals appear intact on
delivery, provided we are given:
4.16.1 documentary
evidence the package or item was loaded into the container; and
4.16.2 copy
of the discharge tally sheet or claused delivery notes, to substantiate the
loss.
4.17 Sellers interest (export only)
This
extension will only apply to subject matter insured that is exported if, under
a contract of
sale, you do not have a responsibility to
arrange insurance up to final destination and you make
a provisional declaration of all such
exports of subject matter insured within the voyage range of
this policy at the commencement of each period of insurance for
which sellers interest premium
is charged.
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4.17.1 Full cover will
apply if title reverts to you because the buyer fails to:
a. accept
the subject matter insured;
b. take
up the documents of title; or
c. pay
for the subject matter insured,
and you
exercise a right or lien to interrupt the transit and/or suspend the contract
of sale in order to protect your interests.
4.17.2 Cover
will remain in force until either:
a. the
subject matter insured is accepted by the buyer;
b. the
subject matter insured is sold to an alternative buyer;
c. the
subject matter insured is returned to you; or
d. 60
days from the arrival of the overseas vessel at the port of discharge,
whichever
first occurs.
4.17.3 We
will not pay for loss or damage to the subject matter insured:
a. unless
immediate notice is given to us when a contingency in 4.17.1 (a),
4.17.1 (b) and/or 4.17.1 (c) above occurs;
b. if
the existence of this extension is disclosed to the buyer, its insurers or any
other interested party;
c. if
this extension or any interest in the subject matter insured is assigned;
d. if
the loss is recoverable form credit insurers;
e. arising
from government action and/or regulations preventing transfer of
currency;
or
f. if you have not declared to us all exports of the
subject matter insured
within the voyage range of this policy where you do not
have a contractual
responsibility to arrange or provide
insurance up to the final destination.
This extension is not a double insurance. You must use
all reasonable and usual care, skill and
forethought and take all practical measures which may be required by us to prevent
or minimise loss and to enforce the contract of sale.
When a claim is paid under this extension we are
entitled to exercise our right of subrogation as outlined in ‘Rights of
subrogation’ clause in this policy.
4.18 Shut out
In the event of the subject matter insured being ‘shut
out’ from a vessel, this policy extends to
cover the subject matter insured while waiting on the
wharf, quay or pier or for the transfer to and whilst at another wharf, quay or
pier and onforwarding by another vessel, subject to you notifying us as soon as you become aware of such event.
4.19 Sorting charges
This policy will cover costs incurred by you if you are
instructed to separate shipping packages to ascertain the cause of loss or
damage to the subject matter insured. These costs will be paid by us whether or
not a claim under the policy is paid.
4.20 First loss
In the event that the amount at risk in any one vessel,
conveyance or location exceeds the limit
applicable and the actual value has not
been declared prior to attachment or prior to loss,
accident or arrival, claims will be settled on a “first loss”
basis up to the amount of the policy
limit.
5. Exclusions
The
following exclusions apply in addition to the exclusions contained in the
Institute clauses or stated elsewhere in the schedule and attachments to this
policy.
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5.1 Demonstration, use or testing, under any process,
return from exhibition
This
policy does not include cover for loss or damage to subject matter insured
arising from demonstration; use or testing; under any process; return from
exhibition.
5.2 Information technology hazards
This insurance does not cover losses otherwise
recoverable arising directly or indirectly out of
loss of or damage to, or a reduction or alteration in the
functionality or operation of, a computer
system, hardware, programme, software, data, information
repository, microchip, integrated
circuit or similar device in or connected with computer
equipment or non computer equipment
whether your property or not unless the
losses are caused directly by one or more of the
following perils:
5.2.1 theft of
equipment;
5.2.2 collision;
5.2.3 sinking,
grounding or stranding of the carrying vessel;
5.2.4 overturning or
derailment of land conveyance;
5.2.5 jettison or
washing overboard;
5.2.6 fire,
lightning, explosion;
5.2.7 aircraft or
vehicle impact;
5.2.8 falling
objects;
5.2.9 windstorm,
hail, tornado, cyclone, hurricane, earthquake, volcano, tsunami, flood,
freeze or weight of snow.
5.3 Institute radioactive contamination, chemical,
biological, bio-chemical and
electromagnetic weapons exclusion clauses - USA/Canada
endorsement
When
the schedule states the Institute Radioactive Contamination, Chemical,
Biological, Bio-
chemical and Electromagnetic Weapons
Exclusion Clause (RACCBE) is to apply, the inclusion
of this clause in the policy is material
to our willingness to provide coverage at the quoted
terms, conditions and rates. It is the
intent of the parties to give maximum effect to RACCBE as
permitted by law. In the event that any
portion of RACCBE may be found to be unenforceable
in whole or in part under the law of any state, territory,
district, commonwealth or possession
of the USA, or any province or territory
of Canada, the remainder will stay under full force and
effect under the laws of that state, territory, district
commonwealth or possession, province or
territory. Further any such finding will
not alter the enforceability of the RACCBE under the laws
of any other state, territory, district,
commonwealth or possession of the USA, or any province or
territory of Canada, to the fullest extent
permitted by applicable law.
5.4 ISM
This policy excludes loss, damage or expense where the
subject matter insured is carried by a
vessel that is not ISM & ISPS
certified or whose owners or operators do not hold an ISM Code
Document of Compliance when, at the time of loading of the
subject matter insured on board the
vessel, you are aware, or in the ordinary
course of business should have been aware that either:
5.4.1 the
vessel was not certified in accordance with the ISM Code; or
5.4.2 a
current Document of Compliance was not held by its owners or operators as
required
under the Safety of Life at Sea (SOLAS) convention 1974
as amended.
This exclusion will not apply where this insurance has
been assigned to the party claiming under this
policy who had bought or agreed to buy the subject matter insured in good faith
under a
binding contract.
5.5 Mechanical or electronic derangement
This
policy excludes mechanical, electrical or electronic breakdown or malfunction
where there is no external evidence that an
insured event has occurred.
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5.6 Termination of transit (terrorism) 2009
This
clause will be paramount and override anything contained in this policy
inconsistent
therewith.
Notwithstanding
any provision to the contrary contained in this policy or the Clauses referred to, it is agreed that in so far as the policy
covers loss of or damage to the subject matter insured caused by any act of
terrorism cover will terminate either:
5.6.1 as per the
transit clauses contained within the contract of insurance;
5.6.2 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;
5.6.3 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 you or your
employees elect to use either for storage other than in the ordinary course of
transit;
5.6.4 when you or your employees elect to use any
carrying vehicle or other conveyance or
any
container for storage other than in the ordinary course of transit;
5.6.5 in respect of
marine transits, on the expiry of 60 days after the completion of discharge
overside of the subject matter insured from the oversea
vessel at the final port of discharge; or
5.6.6 in respect of
air transits, on the expiry of 30 days after unloading the subject matter
insured
from the aircraft at the final place of discharge,
whichever
occurs first.
If the contract of insurance or the Clauses referred to
specifically provide cover for inland or
other
further transits following on from storage, or termination as provided for
above, cover will re-attach and continue during the ordinary course of that
transit terminating again in accordance with
clause 5.6.1 to 5.6.6 above.
5.7 Terrorism
This policy excludes any loss, damage, liability or expense
arising from:
5.7.1 terrorism;
and/or
5.7.2 steps
taken to prevent, suppress, control or reduce the consequences of any actual,
attempted,
threatened, suspected or perceived terrorism.
However this exclusion will not apply to the extent of
the provisions of exclusion clause 5.6.
5.8 Road
vehicle conditions
The following conditions shall apply when subject matter
is conveyed by vehicles operated by the
Insured:
5.8.1 Unattended vehicle security clause
In no case shall this insurance cover loss or damage by
theft, pilferage or any attempt thereat of the subject matter insured:
5.8.1.1 from open or tarpaulin covered vehicles, and
related, unless a person(s)
in
lawful control of the insured property remains with the vehicle at all times
and the theft, pilferage or attempt thereat is accompanied by violence or threat of violence on such person(s);
5.8.1.2 from
other vehicles whilst left unattended unless following forcible and
violent entry into the vehicle of which,
a. all points of access are
securely closed and locked.
b. any
alarms and immobilisers are properly and adequately maintained
and
armed.
c. the insured
property is removed from sight.
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5.8.2 Overnight security clause
Excluding theft or pilferage or any attempt thereat from road
vehicle(s) whilst stopped
overnight unless the vehicle is:
5.8.2.1 at
a recognised and designated truck stop or
5.8.2.2 contained
in a securely locked up garage or security compound and such
theft or pilferage or attempt thereat follows actual forcible
and violent entry
into the vehicle or such garage or security compound.
5.9 Communicable Diseases
1. Notwithstanding
any other provision of this policy to the contrary, this policy does not
insure any loss, damage, claim, cost, expense or other
sum directly or indirectly arising out of, attributable to,
resulting from, originating from, occurring concurrently or in any sequence with a Communicable Disease or the
fear or threat (whether actual or perceived) of a Communicable Disease.
2. For
the purposes of this exclusion, loss, damage, claim, cost, expense or other
sum,
includes, but is not limited to, any cost
to clean-up, detoxify, remove, monitor or test:
2.1 for
a Communicable Disease, or
2.2 any
property insured hereunder that is affected by such Communicable
Disease.
3. 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:
3.1 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
3.2 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
3.3 the disease, substance or agent can cause or
threaten damage to human
health or human welfare or can cause or threaten damage
to, deterioration
of, loss of value of, marketability of or
loss of use of property insured
hereunder.
4. This exclusion applies to all coverage
extensions, additional coverages, exceptions to
any exclusion and other coverage grant(s).
5. All
other terms, conditions and exclusions of the policy remain the same. If the
Insurer
alleges that by reason of this exclusion,
any loss, damage or liability is not covered by
this Policy the burden of proving the
contrary rests on the Insured.
5.10 Property Cyber and Data
1. Notwithstanding
any provision to the contrary within this Policy or any endorsement
thereto this Policy excludes any:
1.1 Cyber
Loss;
1.2 loss,
damage, liability, claim, cost, expense of whatsoever nature directly
or
indirectly caused by, contributed to by, resulting from, arising out of
or in connection with any loss of use, reduction in
functionality, repair,
replacement,
restoration or reproduction of any Data, including any amount pertaining to the
value of such Data;
regardless of any other cause or event contributing
concurrently or in any other sequence thereto.
2. In the event any portion of this exclusion is
found to be invalid or unenforceable, the
remainder
shall remain in full force and effect.
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3. This exclusion supersedes and, if in conflict
with any other wording in the Policy or any
endorsement thereto having a bearing on Cyber Loss or
Data, replaces that wording.
Definitions
4. Cyber Loss means any loss, damage, liability,
claim, cost or expense of whatsoever
nature
directly or indirectly caused by, contributed to by, resulting from, arising
out of
or in connection with any Cyber Act or Cyber Incident including,
but not limited to, any
action taken in controlling, preventing, suppressing or
remediating any Cyber Act or
Cyber Incident.
5. Cyber
Act means an unauthorised, malicious or criminal act or series of related
unauthorised, malicious or criminal acts,
regardless of time and place, or the threat or
hoax thereof involving access to,
processing of, use of or operation of any Computer
System.
6. Cyber
Incident means:
6.1 any
error or omission or series of related errors or omissions involving
access to, processing of, use of or
operation of any Computer System; or
6.2 any
partial or total unavailability or failure or series of related partial or
total
unavailability or failures to access,
process, use or operate any Computer
System.
7. Computer
System means:
7.1 any
computer, hardware, software, communications system, electronic
device
(including, but not limited to, smart phone, laptop, tablet, wearable device), server, cloud or microcontroller
including any similar system or any configuration of the aforementioned
and including any associated input, output, data storage device, networking
equipment or back up facility,
owned or operated by the Insured or any
other party.
8. Data
means information, facts, concepts, code or any other information of any kind
that
is recorded or transmitted in a form to be used, accessed,
processed, transmitted or
stored by a Computer System.
6. Claims conditions
6.1 Claims procedure
When loss or damage happens which may give rise to a
claim under this policy, you and/or your
agent should take all reasonable measures
to avert or minimise the loss and ensure that all rights
against carriers, bailees or other third
parties are properly preserved and exercised. You and/or
your agent must:
6.1.1 give written
notice to the insurer after becoming aware of a potential claim as follows:
6.1.1.1 theft,
armed robbery and hijacking = within 48 hours
6.1.1.2 any
other claim = within 30 days
6.1.2 claim
immediately on the carriers, port authorities or other bailees for any missing
packages;
6.1.3 in no
circumstances, other than under written protest, give clean receipts where
goods
are
in damaged or doubtful condition;
6.1.4 in no
circumstances, other than under written protest, sign a receipt for goods which
are in
damaged or doubtful condition without noting the damage or doubt regarding the
condition on that receipt;
6.1.5 apply immediately for survey by carriers’ or
bailees’ representatives if any loss or
damage is apparent and claim on the carriers or bailees
for any loss or damage found during the survey;
6.1.6 give notice, in writing, to the carriers or
bailees within 3 days of delivery if the loss or
damage was not apparent at the time of taking delivery;
and
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6.1.7 immediately
notify us, or our nominated survey/settling agent, what has happened and
promptly
send full details including details of any other insurance on the subject
matter insured and the following documentation:
a. original or copy of shipping
invoices, shipping specifications and/or weight
notes;
b. original
bill of lading, waybill and/or other contract of carriage;
c. landing
account and weight notes at final destination;
d. documentary
evidence of the extent of the loss or damage; and
e. any
correspondence with the carrier or bailee about their liability for loss or
damage;
f. all
other documentation deemed necessary by the claims department.
6.1.8 not
authorise any repairs to the subject matter insured without our consent.
6.2 Excess
In the event of a claim (other than a claim for total
loss, General Average or Salvage) you must
bear first the amount of any excess specified in the
schedule or elsewhere in the policy wording.
6.3 Other insurance
When making a claim on this policy you must also supply
us with written details of all policies that may pay or partially pay that
claim.
6.4 Rights of subrogation
We are entitled to exercise any rights you or any
assignee may have against anyone else in
relation to the subject matter insured for which we have
settled a claim under this policy. You, or anyone else entitled to claim under
this policy, must cooperate fully with us in exercising those rights and must
give us any information or assistance we may require.
6.5 Apportionment of recoveries clause
It is hereby understood and agreed that where recovery
is obtained from a carrier or other third party
such recovery shall be apportioned between the assured and the underwriters in
the same proportion as the respective parties hereto have borne the loss.
6.6 Incoterms
It is important to note that, in case of claims, consideration
will be given to the terms of the
Contract of Sale as per Incoterms.
7. General conditions
7.1 Arbitration clause
The Insurers may elect that any dispute as to the amount
of liability under the Policy shall be
determined by arbitration in and in
accordance with the laws of the Republic of South Africa.
7.2 Law, practice and jurisdiction
This
policy is subject to English law and practice, and South African jurisdiction.
7.3 Cancellation
This policy may be cancelled by either the Insured or
the Insurers giving notice of cancellation in
writing as prescribed hereunder. Such cancellation shall become
effective at midnight of the day
on which such notice expires but shall not
apply to any insurance which shall have attached prior
to expiry of notice.
7.3.1 War
Risks - as per Institute War Cancellation Clause;
7.3.2 Strikes
Risks (except for voyages to or from the United States of America where 48
hours
notice shall apply) - 7 days.
7.3.3 All other risks
insured by this Policy - 31 days.
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7.4 Notification of material change
You must notify us as soon as possible of
any material change in the risk covered by this policy.
7.5 Plurals and titles
The proposal, this policy, the schedule
and any endorsements are one contract in which, unless
the context otherwise requires:
7.5.1 headings
are descriptive only, not an aid to interpretation;
7.5.2 singular
includes the plural, and vice versa; and
7.5.3 the
male includes the female and neuter.
7.6 VAT
The Insurers will settle claims as per policy terms and
conditions applicable plus VAT where
the Insured is obliged to pay such in terms of the South African
Legislation current at time of
settlement.
7.7 The Standard S.A.I.A. Exceptions
Applicable
to all storage risks within the Republic of South Africa outside the scope of
cover
granted by the Duration Clause (including any agreed
increase in the number of stated days) in Institute Strikes Clauses.
a. This policy does not cover loss
damage or liability directly or indirectly caused by
related to or in consequence of:
i. civil commotion labour disturbances riot strike
lock-out or public disorder or
any act or any activity which is calculated or directed
to bring about any of
the above.
ii. war invasion act of foreign enemy hostilities or
warlike operations (whether
war be declared or not) or civil war:
iii. a. mutiny military rising military or usurped power
martial law or state of
siege or any other event or cause which
determines the proclamation
or maintenance of martial law or state of
siege.
b. insurrection rebellion or revolution.
iv. any act (whether on behalf of any organisation
body or person or group
of
persons) calculated or directed to overthrow or influence any State or
government
or any provincial local or tribal authority with force or by means of fear
terrorism or violence.
v. any
act which is calculated or directed to bring about loss or damage in
order
to further any political aim objective or cause or to bring about any
social or economic change or in protest against any
State or government or any provincial local or tribal
authority or for the purpose of inspiring fear in the public or any section
thereof.
vi. any
attempt to perform any act referred to in clause (iv) or (v) above.
vii. the
act of any lawfully established authority in controlling preventing
suppressing or in any other way dealing with any
occurrence referred to in clauses
(i)(ii)(iii)(iv)(v) or (vi) above.
If the Insurers allege that by reason of Clauses
(i)(ii)(iii)(iv)(v)(vi) or (vii) of this Exception loss
damage or liability is not covered by this policy the
burden of proving the contrary shall rest on
the Insured
b. This Policy does not cover loss or damage caused
directly or indirectly by or through
or in consequence of any occurrence for which a fund has
been established in terms of the War
Damage Insurance and Compensation Act 1976 (No 85 of 1976) or any other similar Act operative in any of the territories to which
this Policy applies.
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7.8 Premium and adjustments
You must pay us the deposit premium stated in the
schedule. This is based on estimated figures for the period of insurance
provided by you and you must keep accurate records of the equivalent actual
figures. A statement of these actual figures (audited if requested) must be
given to us
within one month after the end of the
period of insurance.
We will adjust the premium upwards at the end of that
period on the basis of your actual figures. If the
adjusted premium is higher than the deposit premium stated in the schedule you
must pay us the difference. If the adjusted premium is lower than the deposit
premium stated in the schedule, no refund will apply.
7.9 Reasonable care
You must take reasonable care to prevent loss,
destruction, damage or death covered by this
policy.
7.10 Fraud
If any claim under this policy be in any respect
fraudulent, or if any fraudulent means or devises
be used by the Insured or anyone acting on
his behalf to obtain any benefit under this Policy, or
if any accident, loss, destruction, damage or liability be
occasioned by the wilful act or with the
connivance of the Insured, all benefits
under the claim shall be forfeited and the policy will be
cancelled.
7.11 Sanctions regulation
Notwithstanding
any other terms under this insurance contract, no insurer shall be deemed
to provide coverage or will make any payments or provide
any service or benefit to any insured
or other party to the extent that such cover, payment,
service, benefit and/or any business or
activity
of the insured would violate any applicable trade or economic sanctions law or
regulation.
7.12 Third parties
If anyone else is entitled to make a claim under this
policy, that person and/or entity must also comply with its terms.
7.13 Compliance
This
policy is subject to the insured complying with all the laws and regulations
pertaining to the insureds business.
7.14 Amendments to terms and conditions
Bryte may, at its discretion and on providing you with a
31-day written notice to your Business’s nominated email address, make changes
to the terms and conditions of this Policy, as and when it deems necessary.
7.15 Protection of personal Information
We
respect your constitutional right to privacy. We are committed to and bound by
the terms
and provisions of the Protection of Personal Information Act 4
of 2013 (“POPI”) regarding the
acquisition, usage, retention, transmission and deletion of your
personal information. We will
check and validate the information you
provide through legal means. We have high level security
measures in place to protect your personal
information. Your personal information herein
collected is for the primary purpose of providing you with
insurance cover and for all other
activities and processes incidental to and
relevant to this purpose. Your information shall be kept
confidential, however, we shall disclose it to certain third
parties as required and other insurers
for the specific purpose of insurance and
to reduce and prevent any form of fraudulent activity.
Sharing of information includes, but is not limited to,
information sharing as arranged via the
South African Insurance Association. You
hereby give consent and fully understand the reason
for Bryte to process, use, share and retain your personal
information for its designated purpose
and you confirm the accuracy of the
information. You may request Bryte to amend, update,
change or correct your personal
information processed by us by sending a request to your broker
or your nearest Bryte offices.
For a full version of the Consent to process Personal
Information is available on this link for
download (http://brytesa.com/forms/personal-information/)
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Should
you decide to cancel this insurance contract you further consent to Bryte
retaining
the
information in line with the legally permitted retention period, for
statistical and reporting purposes only. Should you decide not to accept the
proposal, the information collected, will be de-identified and only used for
statistical and research purposes
8. Institute Clauses
INSTITUTE CARGO CLAUSES (A) - Applicable only if indicated in the policy
schedule
INSTITUTE CARGO CLAUSES (B) - Applicable only if
indicated in the policy schedule
INSTITUTE CARGO CLAUSES (C) - Applicable only if
indicated in the policy schedule
INSTITUTE CARGO CLAUSES (AIR) - Applicable only if
indicated in the policy schedule
INSTITUTE FROZEN FOOD CLAUSES (A) - Applicable only if
indicated in the policy schedule
INSTITUTE FROZEN FOOD CLAUSES (C) - Applicable only if
indicated in the policy schedule
INSTITUTE FROZEN MEAT CLAUSES (A) -24 Hours Breakdown -
Applicable only if indicated in the policy schedule
INSTITUTE FROZEN MEAT CLAUSES (C) and 24 Hours Breakdown
- Applicable only if indicated in the policy schedule
INSTITUTE WAR CLAUSES (CARGO) - Not Applicable to transit
on land and/or Institute Frozen Meat Clauses and/or Institute Frozen Food Clauses
INSTITUTE WAR CLAUSES (AIR CARGO) - Only Applicable if
Institute Cargo Clauses (Air) is indicated in the policy schedule
INSTITUTE STRIKES CLAUSES (CARGO) - Not Applicable to
Institute Frozen Meat Clauses and/or Institute
Frozen Food Clauses
INSTITUTE STRIKES CLAUSES (AIR CARGO) - Only Applicable
if Cargo Clauses (Air) is indicated in the policy schedule
INSTITUTE STRIKES CLAUSES (FROZEN FOOD) -Only Applicable
if Institute Frozen Food Clauses (A) or
(C) is indicated in the schedule
INSTITUTE STRIKES CLAUSES (FROZEN MEAT) - Only
Applicable if Institute Frozen Meat Clauses (A) or (C) is indicated in the
schedule
INSTITUTE CLASSIFICATION - Applicable to all seafreight
shipments
INSTITUTE RADIOACTIVE CONTAMINATION, - CHEMICAL,
BIOLOGICAL, BIO-CHEMICAL AND
ELECTROMAGNETIC WEAPONS EXCLUSION
CLAUSE - Applicable to all shipments
INSTITUTE WAR CANCELLATION CLAUSE
(CARGO) - Applicable to all shipments
INSTITUTE CYBER ATTACK EXCLUSION
CLAUSE - Applicable to all shipments
INSTITUTE MALICIOUS DAMAGE CLAUSE - Applicable to all shipments
INSTITUTE REPLACEMENT CLAUSE - Applicable to all shipments
INSTITUTE THEFT, PILFERAGE AND NON-DELIVERY
- Applicable to all shipments
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Notice supplied in addition to the
Statutory Notice supplied with this Policy
Insurance policies are legal contracts entered into
between the Insurance Company (we/us) and the Insured (you/your). The Intermediary (broker) used by you, as
your agent and in terms of the Financial Advisers and Intermediary Services Act (FAIS), is obliged to bring to
your attention all aspects of the insurance policy that affect the coverage
purchased, both the positive and negative aspects.
Definitions
To assist all concerned, and in particular you, we have
produced/reproduced various definitions utilised by us that could affect you in
your understanding of the cover provided by this Policy in the General
Definitions Section of the Policy.
These definitions are not a comprehensive list of all
those used in this Policy, but we believe that they are of such a nature that we should bring them to your specific
attention.
There are other definitions used in this Policy but we
are confident that the broker is fully aware of definitions used in the South
African Business insurance market upon which this Policy has been based.
These definitions do not necessarily appear in this
Policy in the same order as they are listed.
Should you require any additional information, or
explanation, as to the application of these definitions, or any
aspect of this Policy, it is recommended
that you contact the broker that arranged this Policy on your behalf.
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