INSTITUTE JUTE CLAUSES

RISKS COVERED

Risks

• 1 This insurance covers, except as excluded by the provisions of Clauses 4, 5, 6 and 7 below,
  • 1.1 loss of or damage to the subject-matter insured reasonably attributable to
    • 1.1.1 fire or explosion
    • 1.1.2 vessel or craft being stranded grounded sunk or capsized
    • 1.1.3 overturning or derailment of land conveyance
    • 1.1.4 collision or contact of vessel craft or conveyance with any external object other than water
    • 1.1.5 discharge of cargo at a port of distress,
  • 1.2 loss of or damage to the subject-matter insured caused by
    • 1.2.1 general average sacrifice
    • 1.2.2 jettison or washing overboard
    • 1.2.3 entry of sea lake or river water into vessel craft hold conveyance container or place of storage
  • 1.3 total loss of any package lost overboard or dropped whilst loading on to, or unloading from, vessel or craft.

General Average

• 2 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.

“Both to Blame Collision Clause”

• 3 This insurance indemnifies the Assured, in respect of any risk insured herein, against such 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 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.

DURATION

Transit Clause

• 8
  • 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 30 days after completion of discharge overside of the subject-matter insured from the oversea vessel at the final port of discharge,