I. Scope of Cover
This insurance is classified into the following three Conditions ----
Free From Particular Average (F. P. A. ), With Average (W. A.) and All
Risks. Where the goods insured hereunder sustain loss or damage, the
Company shall undertake to indemnify therefor according to the Insured
Condition specified in the Policy and the Provisions of these Clauses:
1. Free From Particular Average (F.P.A)
This insurance covers:
(1) Total or Constructive Total Loss of the whole consignment hereby
insured caused in the course of transit by natural calamities ----- heavy
weather, lightning, tsunami, earthquake and flood. In case a constructive
total loss is claimed for, the Insured shall abandon to the Company the
damaged goods and all his rights and title pertaining thereto. The goods
on each lighter to or from the seagoing vessel shall be deemed a separate
risk.
"Constructive Total Loss" refers to the loss where an actual total
loss appears to be unavoidable or the cost to be incurred in recovering or
reconditioning the goods together with the forwarding cost to the
destination named in the Policy would exceed their value on arrival.
(2) Total or Partial Loss caused by accidents ----- the carrying
conveyance being grounded, stranded, sunk or in collision with floating
ice or other objects as fire or explosion.
(3) Partial loss of the insured goods attributable to heavy weather,
lightning and/or tsunami, where the conveyance has been grounded,
stranded, sunk or burnt, irrespective of whether the event or events took
place before or after such accidents.
(4) Partial or total loss consequent on falling of entire package or
packages into sea during loading, transhipment or discharge.
(5) Reasonable cost incurred by the Insured in salvaging the goods or
averting or minimizing a loss recoverable under the Policy, provided that
such cost shall not exceed the sum Insured of the consignment so saved.
(6) Losses attributable to discharge of the insured goods at a port of
distress following a sea peril as well as special charges arising from
loading, warehousing and forwarding of the goods at an intermediate port
of call or refuge.
(7) Sacrifice in and Contribution to Genera Average and Salvage
Charges.
(8) Such proportion of losses sustained by the shipowners as is to be
reimbursed by the Cargo Owner under the Contract of Affreightment "Both to
Blame Collision" clause.
2. With Average (W.A.)
Aside from the risks covered under F. P. A. condition as above, this
insurance also covers partial losses of the insured goods caused by heavy
weather, lightning, tsunami, earthquake and/or flood.
3. All Risks
Aside from the risks covered under the F. P. A. and W. A. conditions
as above, this insurance also covers all risks of loss of or damage to the
insured goods whether partial or total, arising from external causes in
the course of transit.
II. Exclusions
This Insurance does not cover:
1. Loss or damage caused by the intentional act or fault of the
Insured.
2. Loss or damage falling under the liability of the consignor.
3. Loss or damage arising from the inferior quality or shortage of the
insured goods prior to the attachment of this insurance.
4. Loss or damage arising from normal loss, inherent vice or nature of
the insured goods, loss of market and/or delay in transit and any expenses
arising therefrom.
5. Risks and liabilities covered and excluded by the Ocean Marine
Cargo War Risks Clauses and Strike, Riot and Civil Commotion Clauses of
this Company.
III. Commencement and Termination of Cover
1. Warehouse to Warehouse Clause:
This insurance attaches from the time the goods hereby insured leave
the warehouse or place of storage named in the Policy for the commencement
of the transit and continues in force in the ordinary course of transit
including sea, land and inland waterway transits and transit in lighter
until the insured goods are delivered to the consignee's final warehouse
or place of storage at the destination named in the Policy or to any other
place used by the Insured for allocation or distribution of the goods or
for storage other than in the ordinary course of transit. This insurance
shall, however, be limited to sixty (60) days after completion of
discharge of the insured goods from the seagoing vessel at the final port
of discharge before they reach the above mentioned warehouse or place of
storage. If prior to the expiry of the above mentioned sixty (60) days,
the insured goods are to be forwarded to a destination other than that
named in the Policy, this insurance shall terminate at the commencement of
such transit.
2. If, owing to delay, deviation, forced discharge, reshipment or
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