Notice of Claim and Tenders

13. Notice of Claim and Tenders

13.1. In the event of accident whereby loss or damage may result in a claim under this insurance, notice must be given to the Underwriters promptly after the date on which the Assured, Owners or Managers become or should have become aware of the loss or damage and prior to survey so that a surveyor may be appointed if the Underwriters so desire.

If notice is not given to the Underwriters within twelve months of that date unless the Underwriters agree to the contrary in writing, the Underwriters will be automatically discharged from liability for any claim under this insurance in respect of or arising out of such accident or the loss or damage.

13.2. The Underwriters shall be entitled to decide the port to which the Vessel shall proceed for docking or repair (the actual additional expense of the voyage arising from compliance with the Underwriters’ requirements being refunded to the assured) and shall have a right of veto concerning a place of repair or a repairing firm.

13.3. The Underwriters may also take tenders or may require further tenders to be taken for the repair of the Vessel. Where such a tender has been taken and a tender is accepted with the approval of the Underwriters, an allowance shall be made at the rate of 30% per annum on the insured value for the time lost between despatch of the invitations to tender required by the Underwriters and the acceptance of a tender to the extent that such time is lost solely as a result of tenders having been taken and provided that the tender is accepted without delay after receipt of the Underwriters’ approval.

Due credit shall be given against the allowance as above for any amounts recovered in respect of fuel and store and wages and maintenance of the Master Officers and Crew or any member thereof, including amounts allowed in general average, and for any amounts recovered from third parties in respect of damages for detention and/or loss of profit and/or running expenses, for the period covered by the tender allowance or any part thereof.

Where a part of the cost of the repair of damage other than a fixed deductible is not recoverable from the Underwriters the allowance shall be reduced by a similar proportion.

13.4. In the event of failure by the Assured to comply with the conditions of Clauses 13.2. and/or 13.3. a deduction of 15% shall be made from the amount of the ascertained claim.

14. New for Old

Claims payable without deduction new for old.

15. Bottom Treatment

In no case shall a claim be allowed in respect of scraping gritblasting and /or other surface preparation or painting of the Vessel’s bottom except that

15.1. gritblasting and/or other surface preparation of new bottom plates ashore and supplying and applying any «shop» primer thereto,

15.2. gritblasting and/or other surface preparation of:

the butts or area of plating immediately adjacent to any renewed or refitted plating damaged during the course of welding and/or repairs,

areas of plating damaged during the course of fairing, either in place or ashore,

15.3. supplying and applying the first coat of primer/anti-corrosive to those particular areas mentioned in 15.1. and 15.2. above,

shall be allowed as part of the reasonable cost of repairs in respect of bottom plating damaged by an insured peril.

16. Wages and Maintenance

No claim shall be allowed, other than in general average, for wages and maintenance of the Master Officers and Crew or any member thereof, except when incurred solely for the necessary removal of the Vessel from one port to another for the repair of damage covered by the Underwriters, or for trial trips for such repairs, and then only for such wages and maintenance as are incurred whilst the Vessel is under way.

17. Agency Commission

In no case shall any sum be allowed under this insurance either by way of remuneration of the Assured for time and trouble taken to obtain and supply information or documents or in respect of the commission or charges of any manager, agent, managing or agency company or the like, appointed by or on behalf of the Assured to perform such services.

18. Unrepaired Damage

18.1. The measure of indemnity in respect of claims for unrepaired damage shall be reasonable depreciation in the market value of the Vessel at the time this insurance terminates arising from such unrepaired damage, but not exceeding the reasonable cost of repairs.

18.2. In no case shall the Underwriters be liable for the unrepaired damage in the event of a subsequent total loss (whether or not covered under this insurance) sustained during the period covered by this insurance or any extension thereof.

18..3. The Underwriters shall not be liable in respect of the unrepaired damage for more than the insured value at the time this insurance terminates.

19. Constructive Total Loss

19.1. In ascertaining whether the vessel is a constructive total loss, the insured value shall be taken as the repaired value and nothing in respect of the damage or break-up value of the Vessel or wreck shall be taken into account.

19.2. No claim for constructive total loss based upon the cost of recovery and/or repair of the Vessel shall be recoverable hereunder unless such cost would exceed the insured value. In making this determination, only the cost relating to a single accident or sequence of damages arising from the same accident shall be taken into account.

20. Freight Waiver

 

In the event of total or constructive loss no claim to be made by the Underwriters for freight whether notice of abandonment has been given or not.

21. Assignment

 

No assignment of or interest in this insurance or in any moneys which may be or become payable thereunder is to be binding on or recognised by the Underwriters unless a dated notice of such assignment or interest signed by the Assured, and by the assignor in the case of subsequent assignment, is endorsed on the Policy and the Policy with such endorsement is produced before payment of any claim or return of premium thereunder.

22. Disbursements Warranty

 

22.1. Additional insurances as follows are permitted:

22.1.1. Disbursements, Managers’ Commissions, Profits or Excess or Increased Value of Hull and Machinery. A sum not exceeding 25% of the value stated herein.

22.1.2. Freight, Chartered Freight or Anticipated Freight, insured for time. A sum not exceeding 25 % of the value stated herein less any sum insured, however described, under 22.1.1.

22.1.3. Freight or Hire, under contract for voyage. A sum not exceeding the gross freight or hire for the current cargo passage and next succeeding cargo passage (such insurance to include, if required, a preliminary and intermediate ballast passage) plus the charges of insurance. In the case of a voyage charter where payment is made on a time basis, the sum permitted for insurance shall be calculated on the estimated duration of the voyage, subject to the limitation of two cargo passages as laid down herein. Any sum insured under 22.1.2. to be taken into account and only the excess thereof may be insured, which excess shall be the gross amount so advanced or earned.

22.1.4. Anticipated Freight if the Vessel sails in ballast and not under Charter. A sum not exceeding the anticipated gross freight on next cargo passage, such sum to be reasonably estimated on the basis of the current rate of freight at time of insurance plus the charges of insurance. Any sum insured under 22.1.2. to be taken into account and only the excess thereof may be insured.

22.1.5. Time Charter Hire or Charter Hire for Series of Voyages. A sum not exceeding 50% of the gross hire which is to be earned under the charter not exceeding 18 months. Any sum insured under 22.1.2. to be taken into account and only the excess thereof may be insured, which excess shall be reduced as the hire is advanced or earned under the charter by 50% of the gross amount so advanced or earned but the sum insured need not be reduced while the total of the sums insured under 22.1.2. and 22.1.5. does not exceed 50% of the gross hire still to be earned under the charter. An insurance under this Section may begin on the signing of the Charter.

22.1.6. Premiums. A sum not exceeding the actual premiums of all interests insured for a period not exceeding 12 months (excluding premiums insured under the foregoing sections, but including, if required, the premiums or estimated calls on any Club or War etc. Risk insurance) reducing pro rata monthly.

22.1.7. Returns of Premium. A sum not exceeding the actual returns which are allowable under any insurance but which would not be recoverable thereunder in the event of a total loss of the Vessel whether by insured perils or otherwise.

22.1.8. Insurance irrespective of amount against:

Any risk excluded by Clauses 24, 25, 26 and 27 below.

22.2. Warranted that no insurance on any interests enumerated in the foregoing 22.1.1. to 22.1.7. in the excess of the amounts permitted therein and no other insurance which includes the total loss of the Vessel P.P.I., F.I.A. or subject to any other like term, is or shall be effected to operate during the currency of this insurance by or for account of the Assured, Owners, Managers or Mortgagees. Provided always that a breach of this warranty shall not afford the Underwriters any defence to a claim by a Mortgagee who has accepted this insurance without knowledge of such breach.

23. Returns for Lay-up and Cancellation

 

23.1. To returns as follows:

23.1.1. pro rata net for each uncommenced month if this insurance be cancelled by agreement,

23.1.2. for each period of 30 consecutive days the Vessel may be laid up in a port or in a lay-up area provided such port or lay-up area is approved by the Underwriters

(a) .............................................. per cent net not under repair

(b) ............................................. per cent net under repair.

23.1.3. The Vessel shall not be considered to be under repair when work is undertaken in respect of ordinary wear and tear of the Vessel and/or following recommendations in the Vessel’s Classification Society survey, but any repairs following loss of or damage to the Vessel or involving structural alterations, whether covered by this insurance or otherwise shall be considered as under repair.

23.1.4. If the Vessel is under repair during part only of a period for which a return is claimable, the return shall be calculated pro rata to the number of days under 23.1.2. (a) and (b) respectively.

23.2. PROVIDED ALWAYS THAT

23.2.1. a total loss of the Vessel, whether by insured perils or otherwise, has not occurred during the period covered by this insurance or any extent thereof;

23.2.2. in no case shall a return be allowed when the Vessel is lying in exposed or unprotected waters, or in a port or lay-up area not approved by the Underwriters;

23.2.3. loading or discharging operations or the presence of cargo on board shall not debar returns but no return shall be allowed for any period during which the Vessel is being used for the storage of cargo or for lightering purposes;

23.2.4. in the event of any amendment of the annual rate, the above rates of returns shall be adjusted accordingly;

23.2.5. in the event of any return recoverable under this Clause 23 being based on 30 consecutive days which fall on successive insurances effected for the same Assured, this insurance shall only be liable for an amount calculated at pro rata of the period rates 23.1.2. (a) and or (b) above for the number of days which come within the period of this insurance and to which a return is actually applicable. Such overlapping period shall run, at the option of the Assured, either from the first day of a period of 30 consecutive days as provided under 23.1.2. (a) or (b) above.

The following clauses shall be paramount and shall override anything contained in this insurance inconsistent therewith.

 

24. War Exclusion

 

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

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

24.2 capture seizure arrest restrain or detainment (barratry and piracy excepted), and the consequences thereof or any attempt thereat

24.3. derelict mines torpedoes bombs or other derelict weapons of war.

25. Strikes Exclusion

 

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

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

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

26. Malicious Acts Exclusion

 

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

26.1 the detonation of an explosive

26.2. any weapon of war

and caused by any person acting maliciously or from a political motive.

27. Radioactive Contamination Exclusion Clause

 

In no case shall this insurance cover loss damage liability or expense directly or indirectly caused by or contributed to by or arising from

27.1. ionising radiations from or contamination by radioactivity from any nuclear fuel or from any nuclear waste or from the combustion of nuclear fuel

27.2. the radioactive, toxic, explosive or other hazardous or contaminating properties of any nuclear installation, reactor or other nuclear assembly or nuclear component thereof

27.3 any weapon of war employing atomic or nuclear fission and/or fusion or other like reaction or radioactive force or matter.