Carrier's bill of lading includes the following clauses

on its front side:

 

  ‘In accepting this bill of lading, any local customs

or privileges to the contrary notwithstanding, the

shipper, consignee and owner of the goods and

the holder of this bill of lading, agree to be bound

by all the stipulations, exceptions and conditions

stated herein whether written, printed, stamped

or incorporated on the front or reverse side hereof,

as fully as if they were all signed by such shipper,

consignee, owner or holder.’ 

 

  ‘In witness whereof three (3) bills of lading, all

of the tenor and date have been signed, one of

which being accomplished, the others to stand void.’

 

For terms and conditions of Carrier's bill of lading,

as printed on its reverse side, please see Rule 8-010

(B/L Terms 1-15) and Rule 8-020 (B/L Terms 16-34).

 

1. (Definitions) When used in this Bill of Lading

 

  (A) "Ocean Carrier" means the company named on the reverse

       side of this bill of lading, which performs sea carriage of

       Goods, and the vessel, her owner, and demise charterer,

       whether any of the preceding parties is acting as ocean

       carrier, non-vessel operating common carrier, or bailee.

 

   (B) "Inland Carrier" means carriers (other than the

       Ocean Carrier) by land, water or air, participating

       in combined transport of the Goods, whether acting as

       carrier or bailee.

 

   (C) "Combined Transport" means carriage of the Goods

       under this Bill of Lading from place of receipt from

       merchant to place of delivery to Merchant by the

       Ocean Carrier plus one or more Inland Carriers.

 

   (D) "Port-to-Port Transportation" means carriage of

       the Goods under this Bill of Lading other than

       combined transport.

 

   (E) "Merchant" includes the shipper, consignor,

       consignee, owner, and receiver of the Goods and the

       holder of this Bill of Lading.

 

   (F) "Goods" means the cargo described on the face of

       this Bill of Lading and, if the cargo is packed into

       container(s) supplied or furnished by or on behalf of

       the Merchant, include the container(s) as well.

 

   (G) "Vessel" includes the vessel named on the face of

       this Bill of Lading and any ship, craft, lighter,

       barge or other means of transport that is substituted

       in whole or in part for that vessel.

 

   (H) "Container" includes any containers (including an

       open top container) flat rack, platform, trailer,

       transportable tank, pallet or any other device used

       for transportation of goods.

 

   (I) "Laden on Board" or similar words endorsed on

       this Bill of Lading means that the Goods have been

       loaded on board the Vessel or are in the custody of

       the Ocean Carrier, and in the event of Combined

       Transport if the originating carrier is an Inland

       Carrier. "On Board" means that the Goods have been

       loaded on board rail cars or other means of Inland

       carriage or are in the custody of a participating

       railroad or other Inland Carrier.

 

   (J) "Subcontractor" includes stevedores,

       longshoremen, lighterers, terminal operators,

       warehousemen, truckers, agents, servants, and any

       person, firm, corporation or other legal entity which

       performs services incidental to the carriage of the

       Goods.

 

   (K) "United States" or "U.S." means the United States

       of America.

 

2. (Clause Paramount) (A) Insofar as this Bill of

   Lading covers carriage of Goods by water, this Bill of

   Lading shall have effect subject to the provisions of the

   "Hague Rules", namely the International Conventions for

   the Unification of Certain Rules Relating to Bills of

   Lading, dated at Brussels, August 25, 1924, as amended

   (including, where enacted, the Protocol dated at

   Brussels, February 23, 1968, known as the Visby Rules),

   as enacted in the country of shipment.  When no such

   enactment is in force in the country of shipment or is

   otherwise compulsorily applicable, the Hague Rules as

   enacted in the country of destination shall apply.  When

   no such enactment is in force in the country of

   shipment or in the country of destination, or is

   otherwise compulsorily applicable, the terms of the Hague

   Rules as enacted by the Convention shall apply.

   (B) If this Bill of Lading covers Goods moving to or

   from ports of the United States in foreign trade, then

   then carriage of such goods shall be subject to the

   provisions of the United States Carriage of Goods by

   Sea Act, 1936, 46 U.S.C. P1300-1315 as amended

   (hereinafter "U.S. COGSA"), the terms of which shall

   be incorporated herein.  The provisions of U.S. COSGA

   shall (except as otherwise specifically provided in

   this Bill of Lading) govern throughout the time when

   the Goods are in the custody of the Ocean Carrier and

   and any other water carrier and as otherwise provided

   in this Bill of Lading.

 

3. (Law and Jurisdiction)  Whenever the Carriage of

   Goods by Sea Act 1936 (COSGA) of the United States of

   America applies, this contract is to be governed by

   United States Law.  In all other cases actions against

   the Carrier may only  be instituted in the country where

   the Carrier has its principal place of business and

   shall be decided according to the law of such country.

 

4. (Limitation of Liability Statutes) Nothing in this

   Bill of Lading shall operate to limit or deprive the

   Ocean Carrier of any statutory protection, exemption

   from, or limitation of liability authorized by the

   applicable laws, statutes, or regulations of any country.

 

5.(Sub-Contracting:  Exemptions and Immunities of Sub-

  contractors)  (A) The Ocean Carrier shall be entitled to

  subcontract on any terms the whole or part of the handling

  storage, or carrier of the Goods and all duties whatsoever

  undertaken by the Ocean Carrier in relation to the Goods.

  (B) Merchant warrants that no claim shall be made against

  any subcontractor (as defined in Article 1 (J), or

  Subcontractor, of Ocean Carrier, except Inland Carriers

  where otherwise appropriate, that imposes or attempts to

  impose upon any of them or any vessel owned or operated by

  any of them any liability in connection with the Goods,

  and, if any such claims should nevertheless be made, to

  indemnify the Ocean Carrier against all consequences of

  such claims.  (C) Without prejudice to the foregoing, it

  is expressly agreed that every such Subcontractor (and

  Subcontractor's Subcontractor) shall have the benefit of

  all provisions in this Bill of Lading for the benefit of

  the Ocean Carrier as if such provisions were expressly

  for the Subcontractor's benefit.  In entering into this

  contract the Ocean Carrier, to the extent of those

  provisions, does so not only on its own behalf but also on

  behalf of such Subcontractors.

 

6. (Route to Transport) (A) The Goods may, at the Ocean

   Carriers absolute discretion, be carried as a single

   shipment or as several shipments by the Vessel and/or

   any other means of transport by land, water, or air and

   by any route whatsoever, whether or not such route is

   the direct, advertised, or customary route.  (B) The

   Vessel shall have liberty to call and/or stay at any

   port or place in or out of the direct, advertised, or

   customary route, once or more often and in any order,

   and/or to omit calling at any port of place whether

   scheduled or not.  (C) The Vessel shall have liberty,

   either with or without the Goods on board and either

   before or after proceeding toward the port of discharge

   to adjust to compasses and other navigational

   instruments, make trial trips or tests, dry dock, go

   to repair yards, shift berths, take on fuel or stores,

   embark or disembark any person, carry contraband,

   explosives, munitions, war-like stores and hazardous

   cargo, sail with or without pilots, tow or be towed,

   and save or attempt to save life or property.  (D) If

   the Goods in whole or in part are for any reason not

   carried on the Vessel named in this Bill of Lading, or

   if loading the Goods is delayed or is likely to detain

   the Vessel, the Vessel may proceed without carrying

   or loading the Goods in whole or in part, and notice

   to merchant of such sailing is hereby waived.  Ocean

   Carrier may forward the Goods under the terms of this

   Bill of Lading on the next available ship or at Ocean

   Carrier's option by any other means of transportation,

   whether by land, water or air.  (E) At Ocean Carrier's

   option and without notice to Merchant, another ship

   or ships may be substituted for the Vessel named in this

   Bill of Lading, whether or not the substitute ship is

   owned or operated by Ocean Carrier or arrives or

   departs, or is scheduled to arrive or depart, before or

   after the Vessel named by this Bill of Lading.  (F) Any

   action taken by the Ocean Carrier under this Article 6

   shall be deemed to be included within the contractual

   carriage and such action, or delay resulting therefrom,

   shall not be considered a deviation.  Should the Ocean

   Carrier be held liable in respect of such action, the

   Ocean Carrier shall be entitled to the full benefit

   of all privileges, rights, and immunities contained

   in this Bill of Lading.

 

7. (Responsibility) (A) Insofar as this Bill of Lading is

   used for Port-to-Port Transportation of the Goods,

   the Ocean Carrier shall not be responsible for loss of

   or damage to the Goods caused before loading or after

   discharge "Loading" shall be deemed to commence with

   the hooking on the vessel's tackle, or if not using the

   vessel's tackle, with the receipt of the Goods on deck

   or in the hold of (if the Goods are in bulk liquid) in

   the vessel's permanent pipe connections.  "Discharge"

   shall be deemed to be completed when the Goods have been

   unhooked from the vessel's tackle or removed from the

   vessel's deck or passed beyond the vessel's deck or

   passed beyond the vessel's permanent pipe connections.

   (B) Insofar as this Bill of Lading is used for combined

   transport of the Goods, the responsibility of the Ocean

   Carrier and each Inland Carrier with respect to the

   Goods shall be limited to the period when the carrier

   has custody of the Goods, and no carrier, either Ocean

   or Inland, shall be responsible for any loss or damage

   caused while the Goods are not in its custody.  Any

   claim for loss of or damage to the Goods, including

   loss or damages resulting from delay, should be made

   against the carrier having custody of the Goods when

   the loss or damage or delay was caused.  (C) If it is

   established by the Merchant that the Ocean Carrier is

   responsible for loss of or damage to or in connection

   with the Goods, such responsibility, subject to the

   provisions of this Bill of Lading, shall be to the

   extent following but not further:  (1) With respect

   to loss or damage caused during the period from the

   time when the Goods arrived at the sea terminal at the

   port of loading to the time when they left the sea

   terminal at the port of discharge, or caused during

   any previous or subsequent period of carriage by sea

   or waterways, to the extent prescribed by the applicable

   Hague Rules as provided in Article 2.  (2) Save as

   indicated b (1) above, with respect to loss or damage

   caused during the handling, storage of the Goods by

   Ocean Carrier's Subcontractor, to the extent to which

   such Subcontractor would have been liable to the

   Merchant if he had made a direct and separate contract

   with the Merchant in respect of such handling, storage

   or carriage, provided, however, that if the Ocean

   Carrier is not authorized under any applicable laws,

   rules or regulations to undertake such handling,

   storage, or carriage under its own responsibility, the

   Ocean Carrier shall only be liable for procuring such

   handling, storage or carriage.

   If such handling, storage or carriage occurred

   in or between points in Europe, or where

   otherwise applicable, such responsibility shall be

   governed (a) if by road by the Convention on the

   Contract for the International Carriage of Goods by

   Road, dated 19 May, 1956 (CMR); (b) if by rail, by

   the International Convention Concerning the Carriage

   of Goods by Rail dated 25 February, 1961 (CIM); (c) if

   by air, by the Convention for the Unification of Certain

   Rules Relating to International Carriage by Air, signed

   Warsaw 12 October, 1929, as amended by the Hague

   Protocol dated 28 September, 1955 (Warsaw Convention);

   (d) If it is established by the Merchant that an Inland

   Carrier is responsible for loss of or damage to or in

   connection with the Goods, such responsibility shall

   be to the extent, but not further, than the Inland

   Carrier would have been liable to the Merchant if he

   had made a direct and separate contract with the

   Merchant in respect of handling, storage or carriage

   of the Goods, as applicable.  (e) Notwithstanding

   foregoing Article 7 (A) or 7 (B), the Ocean Carrier

   does not undertake that the Goods shall arrive at the

   port of discharge or place of delivery at any particular

   time or in time to meet any particular market or use,

   and the Ocean Carrier shall not be responsible for any

   direct or indirect loss or damage that is caused

   through delay.  (f) If this Bill of Lading is used for

   Port-to-Port Transportation, the column indicating

   final destination on the face of this Bill of Lading is

   solely for the purpose of the Merchant's reference, and

   the Ocean Carrier's responsibility for the Goods shall

   in all cases cease at the time of discharge of the

   Goods at the port of discharge.

 

8. (Liberties) (A) In any situation whatsoever whether or

   not existing or anticipated before commencement of or

   during the transport, which in the judgement of the

   Ocean Carrier (including for the purpose of this

   Article the Master and any person charged with the

   transport or safekeeping of the Goods) has given or is

   likely to give rise to danger, injury, loss, delay, or

   disadvantage of whatsoever nature to the Vessel, the

   Ocean Carrier, a vehicle, any person, the Goods or any

   property, or has rendered or is likely to render it in

   any way unsafe, impracticable, unlawful, or against

   the interest of the Ocean Carrier or the Merchant to

   commence or continue the transport or to discharge the

   Goods at the port of discharge or to deliver the Goods

   at the place of delivery by the route and in the manner

   originally intended by the Ocean Carrier, the Ocean

   Carrier (1) at the time shall be entitled to unpack the

   container(s) or otherwise dispose of the Goods in such

   way as the Ocean Carrier may deem advisable at the risk

   and expense of the Merchant and/or (2) before the Goods

   are loaded on the Vessel, a vehicle, or other means of

   transport at the place of receipt or port of loading,

   shall be entitled to cancel the contract of carriage

   without compensation and to require the Merchant to take

   delivery of the Goods and, upon his failure to do so,

   to warehouse or place them at any place selected by

   the Ocean Carrier at the risk and expense of the

   Merchant and/or (3) if the Goods are at a place awaiting

   transshipment, shall be entitled to terminate the

   transport there and to store them at any place selected

   by the Ocean Carrier at the risk and expense of the

   Merchant, and/or (4) if the Goods are loaded on the

   Vessel, a vehicle, or other means of transport whether

   or not approaching, entering, or attempting to enter

   the port of discharge or to reach the place of delivery

   or attempting or commencing to discharge, shall be

   entitled to discharge the Goods or any part of them

   at any port or place selected by the Ocean Carrier or

   to carry them back to the port of loading or place of

   receipt and there discharge them.  Any actions under

   (3) and (4) above shall constitute complete and final

   delivery and full performance of this contract, and the

   Ocean Carrier thereafter shall be free from any

   responsibility for carriage of the Goods.  (B) If, after

   storage, discharge, or any actions according to

   subpart (A) above the Ocean Carrier makes arrangements

   to store and/or forward the Goods, it is agreed that he

   shall do so only as agent for and at the sole risk and

   expense of the Merchant without any liability whatsoever

   in respect of such agency.

   (B) The Merchant shall reimburse the Ocean

   Carrier forthwith upon demand for all extra

   freight charges and expenses incurred for any actions

   taken according to subpart (A), including delay or

   expense to the Vessel, and the Ocean Carrier shall

   have a lien upon the Goods to that extent.  (C) The

   situations referred to in subpart (A) above shall

   include, but shall not be limited to, those caused

   by the existence or apprehension of war declared or

   undeclared, hostilities, riots, civil commotions, or

   other disturbances closure of, obstacle in, or danger

   to any port or canal, blockade, prohibition, or

   restriction on commerce or trading quarantine, sanitary,

   or other similar regulations or restrictions, strikes,

   lockouts or other labor troubles whether partial or

   general and whether or not involving employees of the

   Ocean Carrier or its Subcontractors, congestion of

   port, wharf, sea terminal, or similar place, shortage,

   absence or obstacles of labor or facilities for

   loading, discharge, delivery, or other handling of the

   Goods, epidemics or diseases, bad weather, shallow

   water, ice, landslip, or other obstacles in navigation

   or carriage (D) The Ocean Carrier, in addition to all

   other liberties provided for in this Article, shall

   have liberty to comply with orders, directions,

   regulations or suggestions as to navigation or the

   carriage or handling of the Goods or the Vessel

   howsoever given, by any actual or purported government

   or public authority, or by any committee or person

   having under the terms of any insurance on the

   Vessel, the right to give such order, direction,

   regulation, or suggestion.  If by reason of and/or

   in compliance with any such order, direction,

   regulation, or suggestions, anything is done or is not

   done the same shall be deemed to be included within the

   contractual carriage and shall not be a deviation.

 

9.  (Description and Particulars of Goods) Any reference on

    the face of this Bill of Lading to marks, numbers,

    description, quantity, quality, gauge, weight, measure,

    nature, kind, value, and any other particulars of the

    Goods, is as furnished by the Merchant.  The Ocean

    Carrier shall not be responsible for the accuracy of

    any such reference and is not bound thereby.  The

    Merchant warrants to the Ocean Carrier that the

    descriptions and particulars furnished by him are

    correct, and the Merchant shall indemnify the Ocean

    Carrier against all loss, damage, expenses, liability,

    penalties and fines arising or resulting from

    inaccuracy of any description or particular.

 

10. (Use of Container) When the Goods are not already

    packed into a container at the time of receipt by

    the Ocean Carrier, the Ocean Carrier shall be at

    liberty to pack and carry the Goods in any type of

    container.

 

11. (Ocean Carrier's Container) (A) The Merchant assumes

    full responsibility for and shall indemnify the

    Ocean Carrier against any loss of or damage to the

    Ocean Carrier's containers and other equipment if

    the loss or damage is caused or occurs while in the

    possession or control of the Merchant, his agents,

    or common carriers engaged by or on behalf of the

    Merchant (B) The Ocean Carrier shall in no event be

    liable for, and the Merchant shall indemnify and hold

    the Ocean Carrier harmless from, any death of or

    injuries to persons, or loss of or damage to property,

    caused by the Ocean Carrier's container or its

    contents while in the possession or control of the

    Merchant, his agents, or common carriers engaged by

    or on behalf of the Merchant.

 

12. (Container Packed by Merchant) If the cargo received

    by the Ocean or Inland Carrier is in a container

    packed by or on behalf of the Merchant.  (A) This

    Bill of Lading is prima facie evidence of the receipt

    only of the number on the face of this Bill of Lading.

    The condition and particulars of the contents are

    unknown to the Ocean and Inland Carriers, and the

    Ocean Carrier accepts no responsibility for the

    accuracy of the description of condition or

    particulars.  (B) The Merchant warrants (1) that the

    stowage of the contents of the containers and the

    closing and sealing of the containers are safe and

    proper, and (2) that the containers and their contents

    are suitable for handling and carriage in accordance

    with the terms of this Bill of Lading, including

    Article 15.  In the event of the Merchant's breach of

    any of these warranties, the Merchant and not the

    Ocean Carrier shall be responsible for, and the

    Merchant shall indemnify and hold Ocean Carrier

    harmless from, any resulting loss or damage to persons

    or property (including the Goods) (C) The Merchant

    shall inspect the container when it is furnished by or

    on behalf of the Ocean Carrier, and the container

    shall be deemed to have been accepted by the Merchant

    as being in sound and suitable condition for the

    purpose of the transport contracted for in this Bill

    of Lading, unless the Merchant gives notice to the

    contrary, in writing, to the Ocean Carrier before

    the transport.  (D) If the container is delivered

    after transport by the Ocean or Inland Carrier with

    seals intact, such delivery shall be deemed to be full

    and complete performance of the Ocean Carrier's

    obligations under this Bill of Lading, and the Ocean

    Carrier shall not be liable for any loss of or damage

    to the contents of the container.  (E) The Ocean

    and Inland Carrier shall have the right to open the

    container and to inspect its contents without notice

    to the Merchant, at such time and place as the Ocean

    or Inland Carrier may deem necessary, and all expenses

    incurred therefrom shall be borne by the Merchant.

    (F) If any seal of the container is broken by customs

    or other authorities for inspection of its contents,

    the Ocean Carrier shall not be liable for any

    resulting loss, damage or expenses.

 

13. (Special Carriage or Container) (A) The Ocean Carrier

    does not undertake to carry the Goods in refrigerated,

    heated, insulated, ventilated, or any other special

    hold or container, nor to carry any special container

    packed by or on behalf of the Merchant, but the Ocean

    Carrier will treat such Goods or container only as

    ordinary goods or dry container, respectively, unless:

    (1) special arrangements for the carriage of such

    Goods or container have been agreed to in writing

    between the Ocean Carrier and the Merchant; (2) such

    special arrangements are noted on the face of this

    Bill of Lading; and (3) special freights as required

    has been paid.  The Ocean Carrier shall not be

    responsible for the function of a special container

    supplied by or on behalf of the Merchant.  (B) The

    Ocean Carrier shall not be liable for any loss of or

    damage to Goods in a special hold or container arising

    from latent defects, breakdown, or stoppage of the

    refrigeration or heating machinery, insulation, ship's

    plant, or other such apparatus of the Vessel or

    container, provided that the Ocean Carrier shall before

    or at the beginning of the transport exercise due

    diligence to maintain the special hold or container

    in an efficient state.  (C) If the Goods have been

    packed into a refrigerated container by the Ocean or

    Inland Carrier, and the particular temperature range

    requested by the Merchants is inserted in this Bill

    of Lading, the Ocean Carrier will set the thermostatic

    controls within the requested temperature range but

    does not guarantee the maintenance of such temperature

    inside the container.  (D) If the cargo received by the

    Ocean or Inland Carrier is in a refrigerated container

    packed by or on behalf of the Merchant, it is the

    obligation of the Merchant to stow the contents

    properly and set the thermostatic controls exactly.

    The Ocean Carrier shall not be liable for any loss of

    or damage to the Goods arising out of or resulting

    from the Merchant's failure in such obligation and

    Ocean Carrier does not guarantee the maintenance of the

    intended temperature inside the container.

 

14. (Dangerous Goods, Contraband) (A) The Ocean Carrier

    undertakes to carry Goods of an explosive, inflammable,

    radioactive, corrosive, damaging, poisonous, or

    dangerous nature only upon the Ocean Carrier's approval

    of a written application by the Merchant prior to the

    carriage of such Goods.  Such application must

    accurately state the name, nature and classification

    of the Goods, as well as how they are dangerous and the

    method of rendering them innocuous, together with the

    full names and addresses of the shipper and the

    consignee.  (B) The Merchant shall undertake that the

    nature and danger of such Goods is distinctly hand

    permanently marked on the outside of the package or

    container containing the Goods.  (C) Merchant shall

    submit all documents or certificates required in

    connection with such Goods by any applicable statue or

    regulation or by the Ocean Carrier (D) Whenever the

    Goods are discovered to have been received by the Ocean

    or Inland Carrier without complying with subparts (A),

    (B) or (C) above, or the Goods are found to be

    contraband or prohibited by any law or regulation

    of any place during the transport, the Ocean Carrier

    shall be entitled to have such Goods rendered

    innocuous, thrown overboard, discharged, or otherwise

    disposed of at the Ocean Carrier's discretion without

    compensation, and the Merchant shall be liable for and

    indemnify the Ocean Carrier against any loss, damage

    or liability, including loss of freight, and any other

    expenses directly or indirectly arising out of custody

    or carriage of such Goods.  (E) The Ocean Carrier

    may exercise the right conferred upon it under the

    preceding subpart whenever it is apprehended that

    Goods received in compliance with subparts (A), (B)

    and (C) above has become dangerous, even if not

    dangerous when received by the Ocean or Inland Carrier.

    (F) The Ocean Carrier has the right to inspect the

    contents of any package or container at any time and

    place without the prior notice to Merchant and at the

    risk and expense of the Merchant.

 

15. (Stowage Under and on Deck) (A) Goods in containers,

    vans, trailers, or chassis may be carried under deck

    or on deck, and when such Goods are carried on deck

    the Ocean Carrier shall not be required to specially

    note mark, or stamp any statement of "on deck stowage"

    on the face of this Bill of Lading, any custom to the

    contrary notwithstanding.  Such on deck carriage

    shall not be considered a deviation.  (B) Goods stowed

    in poop, forecastle, deck house, shelter deck,

    passenger space, or any other covered-in-space, or

    stowed in a container wherever placed, shall be deemed

    to be stowed under deck for all purposes including

    general average.  (C) Lumber, earth moving equipment

    and all other Goods customarily or reasonably carried

    on deck may, at Ocean Carrier's option, be carried

    on deck without further notice to Merchant and

    without liability to the Ocean Carrier for the risks

    inherent in or incident to such carriage.  Such on

    deck carriage shall not be considered a deviation.

    (D) In respect of Goods not in containers and carried

    on deck, and stated on this Bill of Lading to be so

    carried, all risks of loss or damage from perils

    inherent in or incident to the custody or carriage

    of such Goods shall be borne by the Merchant and in

    all other respects the Ocean Carrier shall have the

    benefit of the provisions of the applicable, version

    of the Hague Rules (including U.S. COGSA,

    notwithstanding Section 1301 (c) thereof), and the

    terms of this Bill of Lading.

 

 

16. (Live Animals and Plants) With respect to the custody

    and carriage of live animals and plants, all risks

    of loss or damage by perils inherent in or incident

    to such carriage shall be borne by the Merchant, and

    in all other respects the Ocean Carrier shall have the

    benefit of the provisions of the applicable version

    of the Hague Rules (including U.S. COGSA,

    notwithstanding Section 1301(c) thereof), and the terms

    of this Bill of Lading.

 

17. (Valuable Goods) The Ocean Carrier shall not be liable

    to any extent for any loss of or damage to or in

    connection with precious metals, stones, or chemicals,

    jewelry, currency, negotiable instruments, securities,

    writings, documents, works of art, curios, heirlooms,

    or any other valuable goods, including goods having

    particular value only for the Merchant, unless the

    true nature and value of the Goods have been declared

    in writing by the Merchant before receipt of the

    Goods by the Ocean or Inland Carrier, the same is

    inserted on the face of this Bill of Lading and

    additional freight has been paid as required.

 

18. (Heavy Lift) (A) The weight of a single piece or

    package exceeding 2,240 lbs. gross must be declared

    by the Merchant in writing before receipt by the Ocean

    or Inland Carrier and must be marked clearly and

    durably on the outside of the piece or package in

    letters and figures not less than two inches high.

    (B) If the Merchant fails in his obligations under the

    preceding subpart (1) the Ocean Carrier shall not be

    responsible for any loss of or damage to in connection

    with the Goods.  (2) The Merchant shall be liable

    for resulting loss of or damage to any person or

    property, and (3) Merchant shall indemnify the Ocean

    Carrier against any resulting loss, damage, or

    liability suffered by the Ocean Carrier.

 

19. (Delivery by Marks) (A) The Ocean Carrier shall not be

    liable for failure or delaying delivery in accordance

    with marks, unless such marks have been clearly and

    durably stamped or marked upon the Goods, package, or

    container by the Merchant before they are received

    by the Ocean or Inland Carrier, in letters and numbers

    not less than two inches high, together with the

    names of the port of discharge and place of delivery.

    (B) In no circumstances shall the Ocean Carrier be

    responsible for delivery in accordance with other than

    leading marks.  (C) The Merchant warrants that the

    marks on the Goods, packages and containers correspond

    to the marks shown on this Bill of Lading and also

    in all respects comply with all laws and regulations

    in force at the port of discharge or place of delivery.

    The Merchant shall indemnify the Ocean Carrier against

    all loss, damage or expenses resulting from inaccuracy

    or incompleteness of the marks. (D) Goods that cannot be

    identified as to marks or numbers, cargo seeping

    liquid residue and any unclaimed goods not otherwise

    accounted for may be allocated for the purpose

    of completing delivery to the various Merchants of Goods

    of like character in proportion to any apparent

    shortage, loss of weight or damage.

 

20. (Delivery) (A) The Ocean Carrier shall have the right

    to deliver the Goods at any time at the Vessels side,

    customhouse, warehouse, wharf, or any other place

    designated by the Ocean Carrier, within the

    geographic limits of the port of discharge or place

    of delivery shown of the face of this Bill of Lading

    (B) The Ocean Carrier's responsibility shall cease

    when the Goods have been delivered to the Merchant

    Inland Carrier connecting carrier or any other person

    entitled to receive the Goods on Merchant's behalf

    at the place designated by the Ocean Carrier Delivery

    of the Goods to the custody of customs or any other

    public authority shall constitute final discharge of

    the Ocean Carrier's responsibility.  (C) In case the

    cargo received by the Ocean Carrier is containers

    packed by or on behalf of the Merchant (1) The Ocean

    Carrier shall only be responsible for delivery of the

    total number of containers received (2) The Ocean

    Carrier shall not be required to unpack the containers

    and deliver their contents in accordance with brands,

    marks, numbers sizes to types of items or pieces (3)

    At the Ocean Carrier is discretion and upon the

    Merchant's request in writing to the Ocean Carrier at

    least 3 days prior to the scheduled date of arrival

    of the Vessel at the port of discharge containers may

    be unpacked and their contents delivered by the Ocean

    Carrier in accordance with the written request.  In

    such a case if the seal of the containers is intact at

    the time of unpacking all the Ocean Carrier's

    obligations under this Bill of Lading shall be deemed

    to have been discharged the Ocean Carrier shall not

    be responsible for any loss or damage resulting from

    such delivery and the Merchants shall be liable for an

    appropriate adjustment of the freight and any

    additional charges incurred.

    (D) If the Goods have been packed into a

    container by the Ocean Carrier it shall unpack

    the container and deliver its contents, and the Ocean

    Carrier shall not be required to deliver the Goods

    in the container.  At the Ocean Carrier's discretion,

    and subject to prior arrangement between the Merchant

    and the Ocean Carrier the Goods may be delivered to

    Merchant in the container, in which case if the

    container is delivered with seals intact all the

    Ocean Carrier's obligations under this Bill of Lading

    shall be deemed to have been discharged, and the Ocean

    Carrier shall not be responsible for any loss or damage

    to the contents of the container.  (E) Optional

    delivery shall be granted only when arranged prior

    to the time of receipt of the Goods by Ocean Carrier

    and if expressly stated on the face of this Bill of

    Lading.  The Merchant desiring to avail himself of

    the option so expressed must give notice in writing

    to the Ocean Carrier at the first port of call named

    in the option at least 48 hours prior to the Vessel's

    arrival there, otherwise the Goods shall be landed at

    any of the optional ports at Ocean Carrier's option,

    and the Ocean Carrier's responsibility shall then

    cease.  (F) Ocean Carrier is not responsible to give

    notification, in writing or otherwise, either to

    Merchant or others, of the arrival, discharge, or

    disposition of Goods, any custom or agreement to the

    contrary notwithstanding, and notwithstanding any

    notation on the face of this Bill of Lading, concerning

    notification or a notify party.

 

21. (On-Carriage and Forwarding) (A) Whether arranged

    beforehand or not, the Ocean Carrier shall be at

    liberty without notice to carry the Goods wholly or

    partly by the named or any other Vessel, craft barge,

    or other means of transport by water, land or air,

    whether or not owned or operated by the Ocean Carrier.

    (B) The Ocean Carrier may under any circumstances

    whatsoever discharge the Goods or any part of them

    at any port or place and store them afloat or ashore

    and then forward them by any meansof transport.

    (C) If the Goods cannot be found at the

    port of discharge or place of delivery, or if they be

    miscarried, they, when found, may be forwarded to their

    intended port of discharge or place of delivery at the

    Ocean Carrier's expense, but the Ocean Carrier shall

    not be liable for any loss, damage, delay, or

    depreciation arising from such forwarding.  (D) In case

    of Port-to-Port Transportation, on-carriage of cargo

    by the underlaying water carrier, or receipt of cargo

    from ports or inland points not including within the

    ship's itinerary or the Ocean Carrier's service, is to

    be at the sole risk and expense of the Merchant, and

    neither the Ocean Carrier not its Vessel shall be deemed

    to be the agent or principal of a prior or subsequent

    carrier notwithstanding the issuance by the Ocean

    Carrier of a Bill of Lading, receipt, or other shipping

    document at a time or place prior to that at which the

    Goods are received by the Ocean Carrier.

 

22. (Fire) The Ocean Carrier shall not be responsible for

    any loss of or damage to the Goods arising from fire

    occurring at any time, even though before loading

    on or after discharge from the Vessel, unless caused

    by the actual fault or privity of the Ocean Carrier.

 

23. (Lien) (A) The Ocean Carrier shall have a lien on the

    Goods, which shall survive delivery, for all freight,

    dead freight, demurrage, damages, loss, charges,

    expenses, and any other sums (including costs, customs

    fees, attorney fees, and other fees for recovering

    the sums) chargeable to the Merchant under this Bill

    of Lading and any preliminary contract for custody

    or carriage of the Goods.  Ocean Carrier may foreclose

    the lien by selling the Goods without notice to the

    Merchant privately or by public auction.  If on sale

    of the Goods the proceeds fail to cover the amount due

    and the costs and fees incurred, the Ocean Carrier

    shall be entitled to recover the deficit from the

    Merchant.

 

23. (B) If the Goods are unclaimed during

    a reasonable time, or whenever in the Ocean Carrier's

    opinion the Goods will become deteriorated, decayed

    or worthless, the Ocean Carrier (without responsibility

    to it) may at its discretion and subject to its lien,

    sell, abandon, or otherwise dispose of such Goods at

    the sole risk and expense of the Merchant.

 

24. (Freight and Charges) (A) Freight may be calculated on

    the basis of the particulars of the Goods furnished by

    the Merchant, who shall be deemed to have guaranteed

    to the Ocean Carrier the accuracy of the contents,

    weight, measure, or value as furnished by him at the

    time of receipt of the Goods by the Ocean or Inland

    Carrier, but the Ocean Carrier for the purpose of

    ascertaining the actual particulars may at any time

    and at the risk and expense of the Merchant open the

    container or package and examine contents, weight,

    measure, and value of the Goods.  In case of incorrect

    declaration of the contents, weight, measure and or

    value of the Goods, the Merchant shall be liable for

    an bound to pay to the Ocean Carrier: (1) the balance

    of freight between the freight charged and that which

    would have been due had the correct details been given,

    plus (2) expenses incurred in determining the correct

    details, plus (3) as liquidated and ascertained

    damages, an additional sum equal to the correct

    freight.  (B) Full freight to the port of discharge or

    place of delivery shall be considered as completely

    earned on receipt of the Goods by the Ocean Carrier,

    whether the freight be stated or intended to be

    prepaid or to be collected at destination.  The

    Ocean Carrier shall be entitled to all freight and

    other charges due hereunder, whether actually paid

    or not and to receive and retain such freight and

    charges under any circumstances, whether the Vessel

    and/or the Goods be lost or not, or the voyage be

    broken up, frustrated, or abandoned at any stage of

    the entire transit.  Full freight shall be paid on

    damaged or unsound Goods.  (C) The Payment of freight

    and/or charges shall be made in full and in cash

    without any offset, counter claim, or deduction.

    Where freight is payable at the port of discharge or

    place of delivery, such freight and all other charges

    shall be paid in the currency named in this Bill of

    Lading, or, at Ocean Carrier's option, in other

    currency subject to the regulators of the freight

    conference concerned, if any, or custom at the place

 

 

    of payment.

 

24. (D) Goods once received

    by the Ocean Carrier cannot be taken away or disposed

    of by the Merchant except upon the Ocean Carrier's

    consent and after payment of full freight and

    compensation for any loss sustained by the Ocean

    Carrier through such taking away or disposal.  (E) If

    the Goods are not available when the Vessel is ready

    to loan: (1) The Ocean Carrier is relieved of any

    obligation to load such Goods and the Vessel may leave

    the port without further notice.  (2) Unless the

    unavailability arises in the course of combined

    transport and is caused by the failure of an Inland

    Carrier to perform its obligations under this Bill of

    Lading, dead freight shall be paid by the Merchant.

    (F) The Merchant shall be liable for and shall

    indemnify the Ocean Carrier against: (1) all dues,

    duties, taxes, consular fees, and other charges levied

    on the Goods, and (2) all fines, damages and losses

    sustained by the Ocean Carrier in connection with

    Goods, howsoever caused, including the Merchant's

    failure to comply with laws and regulations of any

    public authority in connection with the Goods, or

    failure to procure consular, Board of Health, or other

    certificates to accompany the Goods.  The Merchant

    shall be liable for return freight and charges on any

    Goods refused exportation or importation by any

    public authority.  (G) If the Ocean Carrier is of the

    opinion that the Goods are in need of sorting,

    inspecting, mending, repairing, or reconditioning, or

    otherwise require protecting or caring for, the Ocean

    Carrier at its discretion may, by itself or through

    Subcontractors, and as agent for the Merchant, carry

    out such work at the risk and expense of the Merchant.

    (H) The shipper, consignor, consignee, owner of the

    Goods and holder of this Bill of Lading shall be

    jointly and severally liable to the Ocean Carrier for

    the payment of all freight and charges and for the

    performance of the obligations of any of them under

    this Bill of Lading.

 

25. (Notice of Claim and Time for Suit against Ocean

    Carrier) (A) Unless notice of loss or damage and the

    general nature of such loss or damage be given in

    writing to the Ocean Carrier at the port of discharge

    or place of delivery before or at the time of delivery

    of the Goods or, if the loss or damage is not apparent,

    within 3 days after delivery, the Goods shall be

    deemed to have been delivered as described in this

    Bill of Lading.  (B) The Ocean Carrier shall be

    discharged from all liability in respect of the Goods,

    including without limitation non delivery, misdelivery,

    delay, loss, or damage, unless suit has been brought

    within one year after delivery of the Goods or the

    date when the Goods should have been delivered.  Suit

    shall not be considered to have been "brought" within

    the time specified unless process shall have been

    served and jurisdiction obtained over the Ocean

    Carrier within such time.

 

26. (Limitation of Liability) (A) Subject to subpart (B)

    below for the purpose of determining the extent of the

    Ocean Carrier's liability for loss of or damage to the

    Goods, the Merchant agrees that the value of the Goods

    is the Merchant's net invoice cost, plus freight and

    insurance premium, if paid.  The Ocean Carrier shall

    not be liable for any loss or profit or any

    consequential loss.  (B) Insofar as the loss of or

    damage to or in connection with the Goods was

    caused during the part of the custody or carriage to

    which the applicable version of the Hague Rules

    applies:  (1) The Ocean Carrier shall not be liable

    for loss or damage in an amount exceeding the

    minimum allowable per package or unit in the

    applicable version of the Hague Rules, which when

    U.S. COGSA is applicable is an amount not exceeding

    U.S. $500 per package or customary freight unit,

    unless the value (and nature) of Goods higher than

    this amount has been declared in writing by the

    Merchant before receipt of the Goods by the Ocean

    Carrier and inserted on the face of this Bill of

    Lading and extra freight has been paid as required.

    If the actual value of the Goods per package or unit

    exceeds such declared value, the value shall

    nevertheless be deemed to be the declared value, and

    the Ocean Carrier's liability, if any, shall not exceed

    the declared value.  Any partial loss or damage shall

    be adjusted pro rata on the basis of such declared

    value.  If the declared value has been willfully

    misstated or is markedly higher than the actual value,

    the Ocean Carrier shall not be liable to pay any

    compensation.

 

26. Where the cargo has been packed into a container

    unitized into a similar article of transport by or on

    behalf of the Merchant, it is expressly agreed the

    number of such containers or similar articles of

    transport shown on the face of this Bill of Lading

    shall be considered as the number of the packages or

    units for the purpose of the application of the

    limitation of liability provided for in this Article.

 

27. (General Average: New Jason Clause) (A) General average

    shall be adjusted, stated and settled at any port or

    place as the Ocean Carrier's option and according to

    the York-Antwerp Rules, 1994 and as to matters not

    provided for by these Rules, according to the laws and

    usages of the port or place of adjustment and in the

    currency selected by the Ocean Carrier.  The general

    average statement shall be prepared by the adjusters

    appointed by the Ocean Carrier.  Average agreement

    or bond and such cash deposit as the Ocean Carrier

    may deem sufficient to cover the estimated

    contribution of the Goods and any salvage and special

    charges thereon and any other additional securities as

    the Ocean carrier may require shall be furnished by the

    Merchant to the Ocean Carrier before delivery of the

    Goods.  (B) In the event of accident, danger, damage,

    or disaster before or after commencement of the

    voyage, resulting from any cause whatsoever, whether

    due to negligence or not for which or for the

    consequence of which the Ocean Carrier isn't

    responsible by statue, contract, or otherwise, the

    Goods and the Merchant shall jointly and severally

    contribute with the Ocean Carrier in general average

    to the payment of any sacrifices, loss, or expenses

    of a general average nature that may be made or

    incurred, and shall pay salvage and special charges

    incurred in respect of the Goods.  If a salvage ship

    is owned or operated by the Ocean Carrier, salvage

    shall be paid for as fully and in the same manner

    as if such salvaging ship belonged to strangers.

 

28. (Both to Blame Collision) If the Vessel comes into

    collision with another ship as a result of the

    negligence of the other ship and any act, neglect, or

    default of the Master, mariner, pilot, or servants of

    the owner of the Vessel in the navigation or in the

    management of the Vessel, the Merchant shall indemnify

    the Ocean Carrier against all loss or liability which

    might be incurred directly or indirectly to the other

    or non-carrying ship or her owners insofar as such

    loss or liability represents loss of or damage to his

    Goods or any claim whatsoever of the Merchant paid or

    payable by the other or non-carrying ship or her

    owners to be Merchant and set-off, recouped, or

    recovered by the other or non-carrying ship or her

    owners as part of their claim against the carrying

    Vessel or its owner.  The foregoing provisions shall

    also apply where the owners, operators, or those in

    charge of any ship or ships or objects other than,

    or in addition to the colliding ships or objects are

    at fault in respect of a collision contact stranding

    or other accident.

 

29. (Carriage of Metal Products, Lumber, Cotton) (A) The

    term "apparent good order and condition" when used in

    this Bill of Lading does not mean: (1) with reference

    to iron, steel, or metal products, that the Goods

    when received were free from visible rust or moisture.

    (2) with reference to lumber, timber, plywood, or

    other wood products, that the Goods when received were

    free from visible stains, discoloration, moisture,

    shakes, holes, chaffed, breakage or splitting.  If

    the Merchant so requests a substitute Bill of Lading

    will be issued setting forth any notations as to the

    foregoing that may appear on the mate's or tally

    clerk's receipts or similar document.  (B) Description

    of the condition of cotton cargo does not relate to

    the sufficiency or not or condition of the covering

    nor to any damage, resulting therefrom.  Ocean Carrier

    shall not be responsible for any such damage.

 

30. (Grain) Discharge of grain received by the Ocean

    Carrier in bulk may be in port, on barges, and or

    lighters, or elsewhere, using or not using elevators,

    and such discharge shall constitute a sufficient

    delivery by the Carrier.  Thereafter said grain shall

    be at the risk and expense of the Merchant.

 

31. (Intermodal Transportation) (A) This Bill of Lading may

    be issued for Intermodal Transportation in any

    country.  When so issued as between the Merchant and

    an Inland Carrier custody and carriage of the Goods

    by the Inland Carrier are subject to the relevant laws,

    regulations, tariffs and Bill of Lading are available

    from the Ocean or Inland Carrier upon request.

    (B) Claims by the Merchant against an Inland Carrier

    for loss or damage shall be given and suit commenced

    as provided in the Inland Carrier's applicable Bill

    of Lading.

 

32. (Ocean Carrier's Tariff) This Bill of Lading is subject

    to the Ocean Carrier's applicable tariff.  Copies of

    the applicable tariff are obtainable from the Ocean

    Carrier upon request.

 

33. (Severability of Terms) The terms of this Bill of

    Lading are severable and if any part or term is

    declared invalid or unenforceable, the validity or

    enforceability, of any other part or term shall not

    be affected.

 

34. (Himalaya Clause) All exceptions, exemptions defenses

    immunities, limitations on liability, privileges and

    conditions granted or provided by this Bill of Lading

    or by applicable tariff or by statue or for the

    benefit of the Carrier shall also apply to and for the

    benefit of all the officers and employees of the

    Carrier and the agents, officers and crew of the Vessel

    and to and for the benefit of all parties performing

    services in connection with the Goods as agents or

    contractors of the Carrier (including, without

    limitation, stevedores, terminal operators and agents)

    and the employees of each them.

 

   

 

Conditions of Insurance


1. INSURED:
Corporations, partnerships and individuals.

2. And/or for whom they have instructions to insure.

3. LOSS PAYABLE:
Loss, if any, payable to the Insured or Order.

4. SUBJECT MATTER INSURED:
General Merchandise, not otherwise excluded by underwriters per the
CargoCover program and as may be amended from time to time.

5. ATTACHMENT DATE:
This policy to attach only on shipments confirmed through the CargoCover
program as booked to the Insured, or to whom the Insured has
instructions to insure, on or after 12:01 a.m., Eastern Standard Time,
December 1, 1997.

6. CANCELLATION CLAUSE:
This contract may be cancelled or amended as outlined in the
Registration Agreement, Modification of Terms, as posted on the
OceanWide network under the CargoCover program, Terms Of Use.
Cancellation of this Policy shall not prejudice any risk or risks which
shall have already attached. Notice to Insured may be provided
electronically to the e-mail address indicated upon registration to
CargoCover, with no further notice required by Underwriters.
Cancellation of War, Strikes, Riots and Civil Commotions and Malicious
Damage Risks provided, shall be seven (7) days notice at any time but in
respect of sendings to or from the United States of America, Strikes,
Riots and Civil Commotions and Malicious Damage Risks shall be subject
to forty-eight (48) hours notice.

7. VALUATION:
All shipments to be valued at Cost, Insurance and Freight, including any
prepaid and/or advanced and/or guaranteed freight plus 10% (C.I.F. plus
10%) unless otherwise agreed in writing prior to shipment.

8. DUTY AND/OR COLLECT FREIGHT:
This insurance also covers, subject to the policy terms of average, the
risks of partial loss by reason of perils insured against on import
duties imposed on property insured hereunder and collect freight (unless
guaranteed or payable "vessel loss or not lost"), it being understood
and agreed, however, that when the risk upon the goods continues beyond
the time of landing from the overseas vessel, the increased value,
consequent upon the payment of such duties and/or freight, shall attach
as an additional insurance upon the goods from the time such import duty
and/or freight is paid or becomes due, to the extent of the amounts
thereof actually paid or payable.
Any limit of liability expressed in this policy shall be applied
separately to such increased value.
The Assured warrants that on all such risks insured hereunder a separate
amount shall be reported sufficient to cover said import duty and/or
freight and upon which the rate of premium shall be an agreed percentage
of the merchandise rate.
The Assured will, in all cases, use reasonable efforts to obtain
abatement or refund of import duties paid or claimed in respect to goods
lost, damaged or destroyed. It is further agreed that the Assured shall,
when this Assurer so elects, surrender the merchandise to the Customs
Authorities and recover import duties thereon as provided by law, in
which event the claim under this policy shall be only for a total loss
of the merchandise so surrendered and expenses.
This insurance on import duty and/or freight shall terminate at the end
of the import movement covered under this policy (including the
Warehouse to Warehouse and/or Marine Extension Clauses) but nothing
contained in these clauses shall alter or affect any coverage granted
elsewhere in the policy during the storage or transit subsequent
thereto.

9. VOYAGE CLAUSE:
At, from and between ports and/or places worldwide, excluding shipments
to/from Iran, Iraq, Cuba, Liberia, Myanmar (Burma), Sudan, Syria, North
Korea, and as may be amended per the coverage terms and conditions of
the CargoCover program.
Cover to attach as indicated in the Certificate of Insurance and
continues in transit and/or in store or wherever located and until
finally delivered to final destination as indicated in the Certificate
of Insurance, including the risks loading and unloading, as required.

10. SOUTH AMERICA CLAUSE:
The following clause shall apply in respect of shipments to South
America:
"Notwithstanding anything contained elsewhere to the contrary, the
insurance provided hereunder shall continue to cover for sixty (60) days
(ninety(90) days on shipments via the Magdelena River) after completion
of discharge of the overseas vessel at port of destination or until
goods are delivered to the final warehouse at destination whichever may
first occur, and shall then terminate.
The time limit referred to above to be reckoned from Midnight of the day
on which the discharge of the overseas vessel is completed".
Should the above be more restrictive than other conditions contained in
this Policy wording, it is agreed that the South America Clause shall
automatically become void.

11. CONVEYANCES:
Any conveyance land, sea or air.
NOTE:
Whenever the words "ship", "vessel","seaworthiness","Shipowner" or
"Vessel Owner" appear in this Policy, they are deemed to include also
the words "aircraft","airworthiness",and "aircraft owner".
CONVEYANCE WORTHINESS ADMITTED:
The worthiness of the "conveyance" as between the Insured and the
Insurers is hereby admitted. In the event of loss, the Insureds right of
recovery hereunder shall not be prejudiced by the fact the loss may have
been attributable to the wrongful act or misconduct of the "conveyance"
owners, charterer, their agents or their servants. The Insurer shall pay
(subject to the same terms of coverage and other conditions of this
Policy), to the innocent Insured the resulting loss.

12. REPORTING SHIPMENTS:
All declarations shall be per Certificates of Insurance issued under the
CargoCover program and as maintained in the OceanWide Marine Network
database. Should there be any discrepancy between the printed
Certificate of Insurance and that information maintained on the
OceanWide Marine Network database, the OceanWide Marine Network database
shall be deemed correct.

13. LIMIT OF LIABILITY:
These Insurers are not to be liable for more than:
US$400,000 any one shipment.
If the total value at risk exceeds the limit(s) of liability provided by
this Policy, the Insured shall nevertheless report the full amount at
risk to these assurers and shall pay full premium thereon. Acceptance of
such reports and premium shall not alter or increase the limit(s) of
liability of these Insurers but these Insurers shall be liable for the
full amount of covered loss up to but not exceeding the applicable
limit(s) of liability.


14. CANADIAN LAW AND USAGE:
This insurance is understood and agreed to be subject to Canadian Law
and Usage as to liability for and settlement of any and all claims.

15. PERILS:
Touching the adventures and perils which we the Insurers are contented
to bear and to take upon ourselves in this voyage, they are of the Seas,
Men-of-War, Fire, Enemies, Pirates, Rovers, Thieves, Jettisons, Letters
of Mart and Countermart, Surprisals, Takings at Sea, Arrests, Restraints
and Detainments of all Kings, Princes and People, of what Nation,
Condition or Quality soever, Barratry of the Master and Mariners, and of
all other like Perils, Losses and Misfortunes that have or shall come to
the Hurt, Detriment or Damage of the said Goods and Merchandises and
Ship, etc. or any part thereof; and in case of any loss or misfortune,
it shall be lawful for the Insured, their factors, servants and assigns,
to sue, labor and travel for, in, and about the defense, safeguard and
recovery of the said goods and merchandises and ship, etc., or any part
thereof without prejudice to this insurance; to the charges whereof, we,
the Insurers, will contribute, each one according to the rate and
quantity of his sum herein insured. It is especially declared and agreed
that no acts of the Insurers or Insured in recovering, saving, or
preserving the property insured, shall be considered as a waiver or
acceptance of abandonment.

16. INCHMAREE, NEGLIGENCE, NAVIGATION MANAGEMENTS ETC.:
This insurance also covers any loss, or damage to, the interests insured
hereunder, caused by accidents in loading, discharging, or handling of
cargo, or in bunkering, or in taking in fuel, or caused through the
bursting and/or breakage and/or loose connections of boilers, pipes or
shafts, or through any latent defect in the machinery, hull, or
appurtenances, or from faults or errors in the navigation or management
of the vessel, craft or cargo for which the vessel, her owners, agents
or charterers is or are relieved of responsibility; also including all
risks of negligence, default or error in the judgment of or by the
masters, mariners, mates, engineers, pilot, crew or stevedores, or other
persons employed by the ship owners, or for whose acts he is
responsible.
Claims under this clause payable irrespective of percentage.

17. EXPLOSION CLAUSE:
The risks covered by this insurance are to include loss, damage or
expense resulting from explosion, howsoever occurring, irrespective of
the percentage, whether the insurance be free from Particular Average or
otherwise.

18. SHORE RISKS:
This policy covers whilst on any land conveyances and/or docks and/or
wharves and/or elsewhere on shore, against loss or damage caused by
fire, lightning, windstorm, hail, explosion, earthquake, landslide,
theft, strike, riot, civil commotion, malicious act, flood, rising
waters, smoke, impact by vehicle or aircraft, sprinkler leakage, water
escape, collision, upset, derailment or other accident to the land
conveyance, collapse and/or subsidence of docks and/or wharves and/or
bridges and/or viaducts and/or similar structures, even though these
risks may be uninsured under the marine transit clause. Should the
marine transit clause provide wider cover, then such cover shall apply.
Claims under this Clause payable irrespective of percentage.

19. FUMIGATION:
In the event of any vessel, conveyance, wharf, warehouse or premises
being fumigated by order of a properly constituted authority, Insurers
agree to indemnify the Insured for such cost of fumigation and any
damage resultant the refrom to the goods hereby insured. The Insured
hereby agrees to subrogate to Insurers any recourse that they may have
for recovery of such damage from other.

20. REPLACEMENTS BY AIR:
It is agreed that where there is loss or damage which is the subject of
a claim hereunder and the Insured considers it necessary to forward
replacements by Air, Insurers will pay the extra costs so involved, to a
maximum additional expense of 20% of sum insured, notwithstanding that
the original consignment was not dispatched by Air.

21. BRANDS CLAUSE:
In case of damage to property bearing a brand or trademark, or the sale
of which carries or implies a guarantee of the supplier or Insured, the
salvage of such damaged property shall be determined after the removal
of all brands or trademarks.

22. LABELS AND CARTONS:
In case of damage from perils insured against affecting labels and/or
cartons only, loss to be limited to an amount sufficient to pay the cost
of reconditioning, cost of new labels and/or cartons and relabelling
and/or repacking of goods, provided the damage will have amounted to a
claim under the terms of this Policy.

23. PACKAGE CLAUSE:
It is understood and agreed that should the outer package be damaged
from any cause which renders the interest unfit for on-shipment or
distribution, irrespective of final destination shown herein, the
Insurer to pay the cost of reasonable repacking expenses, provided such
damage occurred during the currency of this insurance.

24. PACKING CLAUSE:
Where the packing (including storage in any container or liftvan and
stowage into any vessel, aircraft or conveyance) or preparation of the
subject matter insured is carried out by a party other than the Insured
then the Insurer agrees that the Policy is extended to cover loss,
damage and additional expenses/charges caused by or alleged to have been
caused by insufficiency or unsuitability of the packing or preparation
of the subject matter insured.
Permission is also granted the Insured to issue a release and/or waiver
of subrogation in favour of packers, stevedores and warehousemen as and
when required but subject to such release and/or waiver being given
prior to the loss under this Policy.
Where the insufficiency or unsuitability of the packing or preparation
of the subject matter insured was with the privity and knowledge of the
Insured, then the above extension of coverage will not apply.

25. JASON CLAUSE:
Including Insured's liability under Jason Clause (new or old) if in the
Bill of Lading.

26. FREIGHT RISKS CLAUSE:
In the event of a loss occurring resulting in the vessel returning to
point of origin where the shipowner terminates Contract of Affreightment
in accordance with the Bill of Lading, it is agreed that in the event of
goods being reforwarded to intended destination Insurers hereon shall be
liable for any additional freight charges involved.

27. BOTH TO BLAME CLAUSE:
Where goods are shipped under a Bill of Lading containing the so-called
"Both to Blame Collision" Clause, these Insurers agree as to all losses
covered by this insurance, to indemnify the Insured for this Policy's
proportion of any amount (not exceeding the amount insured) which the
Insured may be legally bound to pay to the shipowners under each such
clause. In the event that such liability is asserted, the Insured agrees
to notify these Insurers who shall have the right, at their own cost and
expense, to defend the Insured against such claim.

28. CONTINUATION:
In case of short shipment in whole or in part, or if the goods be
shipped by, or transhipped to another vessel and/or vessels, to be
carried beyond, or discharged short of destination, or in the event of
deviation, change of voyage or vessel, or any interruption beyond the
control of the Insured, or other variation beyond the control of the
Insured, or other variation of the voyage or risk, this insurance shall
nevertheless cover the goods until safe arrival and delivery at
destination, provided prompt notice be given these Insurers when such
facts are known to the Insured, and additional premium paid if required.

29. SPECIAL LIGHTERAGE:
Cargo held on lighters and/or craft and/or conveyances for a period in
excess of the customary time to load or discharge is held covered
subject to additional premium as may be mutually agreed upon.

30. REFUSED OR RETURNED SHIPMENTS:
This insurance to cover all shipments, subject to the original insurance
conditions which may be refused at time of delivery and returned by the
consignee and/or consignees, whilst awaiting shipment or re-shipment and
until received by the Insured or otherwise disposed of, and the Insured
warrants to report all such shipments as soon as practicable after they
have knowledge of the refusal and to pay premium thereon at rates to be
agreed.

31. MACHINERY PARTS REPLACEMENT:
(Including Used Machinery which for the purposes of this Clause shall be
valued at new Replacement Value)
In the event of loss of or damage to any part or parts of an insured
machine caused by a peril covered by the Policy the sum recoverable
shall not exceed the cost of replacement or repair of such part or parts
plus charges for forwarding and refitting, if incurred, but excluding
duty unless the full duty is included in the amount insured, in which
case loss, if any, sustained by payment of additional duty shall also be
recoverable. Provided always that in no case shall the liability of
Underwriters exceed the insured value of the complete machine.
It is agreed that the "term" charges for forwarding" appearing in the
Institute Replacement Clause covers forwarding by sea or air.

32. SECONDHAND REPLACEMENT CLAUSE:
In the event of claim for loss or damage to any part of the Insured
interest in consequence of a peril covered by the Policy, the amount
recoverable hereunder shall not exceed such proportion of the cost of
replacement of the parts lost or damaged as the insured value bears of
the value of new machinery plus additional charges for forwarding and
refitting the new part or parts if incurred.

33. ON DECK CARGO CLAUSE:
Any cargo shipped on deck with under deck Bill of Lading to be covered
and rated as for under deck shipments.

34. CONTAINERS ON DECK:
Notwithstanding anything contained herein to the contrary, it is
understood and agreed that goods and/or merchandise in containers and/or
vans and/or lighters, whether stowed on or under deck, are subject to
under deck insuring conditions and limits. Furthermore, coverage under
this Clause shall include loss of or damage to goods and/or merchandise
caused by jettison and/or loss overboard.

35. SHORTAGE FROM CONTAINERS:
It is agreed that the Insurer is to pay for shortage of contents
(meaning thereby the difference between the number of packages as per
Shippers and/or Suppliers Invoice and/or Packing List, loaded or alleged
to have been loaded into the container and the count of packages removed
therefrom, taken by the Insured and/or their Agent at the time of
emptying the container), howsoever, wheresoever and whensoever occurring
without the privy or knowledge of the Insured.

36. INSOLVENCY CLAUSE:
This insurance covers loss, damage or expenses arising from insolvency
or financial default of the owners, managers, charterers or operators of
the vessel, where the Insured are able to show that, prior to the
loading of the subject matter insured on board the vessel, all
reasonable practicable and prudent measures were taken by the Insured,
their servants and agents, to establish the financial reliability of the
party in default.

37. ADDITIONAL EXPENSE CLAUSE:
This Policy is also to cover claims for any additional costs or expense
in respect of additional handling, discharge, carriage or processing or
reprocessing of such cargo which arrives in a damaged condition as a
result of a peril insured hereunder.

38. DELAYED OPENING CLAUSE:
In the event of delay in opening containers, cartons, cases, packages,
and any other storage receptacle, any loss or damage discovered shall be
deemed to have occurred during the marine, air or land conveyance
transit, provided that damage is discovered within 30 days from the date
the goods arrive at site or destination and which can be reasonably
attributed to have occurred during transit.

39. SHUT-OUT CLAUSE:
In the event of the interest being "shut-out" due to any strike, labour
disturbance, withholding of labour or any other reason, from the
carrying vessel, aircraft or conveyance, this Policy is extended to
cover the interest while waiting on the wharf, quay, pier, warehouse or
other storage/transportation point or during transfer to and whilst at
any other wharf, quay, pier, warehouse or other storage/transportation
point, provided prompt notice be given these Insurers when such facts
are known to the Insured and additional premium paid if required.

40. DELIBERATE DAMAGE CLAUSE - POLLUTION HAZARD:
(A) This insurance is extended to cover, but only while the interest
insured is on board a waterborne conveyance, loss of or damage to said
property directly caused by governmental authorities acting for the
public welfare to prevent or mitigate a pollution hazard or threat
thereof, provided the accident or occurrence creating the situation
which required such governmental action would have resulted in a
recoverable claim under the Policy (subject to all of its terms,
conditions and warranties) if the interest insured would have sustained
physical loss or damage as a direct result of such accident or
occurrence.
This agreement shall not increase the Limits of Liability provided for
elsewhere in this Policy.
(B) DELIBERATE DAMAGE - CUSTOMS SERVICE:
This insurance is also specially to cover, notwithstanding the Free of
Capture and Seizure warranty contained herein, physical loss of or
damage to the goods insured arising out of the performance of inspection
duties by Customs Service Agents or other duly constituted governmental
agencies who are performing inspection duties of or for the Customs
Service.

41. CONTAINER DEMURRAGE CHARGES:
This policy shall cover demurrage charges and/or late penalties assessed
against, and paid by, the Assured for late return of containers when
said container are retained by the Assured at the instruction of these
Insurers for inspection by the Insurers Surveyor in investigation of
loss or damage recoverable under this policy.
The time period for which the Insurers shall be liable for said charges
and/or penalties shall begin at the time these Insurers instructs the
Assured to retain the containers for inspection and end at the time the
Insurers Surveyor instructs the Assured to return the containers.

42. CONFIRMATION OF NON-DELIVERY CLAUSE:
Where the subject matter insured hereunder (or any apportionable part)
becomes missing and after the lapse of a reasonable time has not been
located, an actual total loss of the subject-matter insured (or any
apportionable part) may be presumed.
For the purposes of this insurance, there shall be deemed to have been
the lapse of a reasonable time, where delivery to the consignees' or
other final warehouse or place of storage at the destination named
herein has not been effected within 180 Days of the expected date of
such delivery.
If, after the payment by the insurers of an actual total loss as
provided for above, the subject-matter insured or whatever may remain
thereof is located, the ownership and all proprietary rights incidental
thereto shall be vested in the insurers. The insured hereunder shall
nevertheless have the option of (re-)purchasing from the insurers the
subject matter insured or whatever may remain thereof.

43. GENERAL AVERAGE AND SALVAGE CHARGES:
General Average and/or Salvage Charges and/or Special Charges and Sue
and Labour, if incurred, are payable in accordance with the contract of
affreightment or, if there be no contract of affreightment, payable in
accordance with either the laws and usages prevailing at the port of
destination or at the termination of the voyage or in accordance with
Canadian law and usage.
Notwithstanding anything herein to the contrary, these Insurers shall
pay any claim covered under this section in full irrespective of any
comparison between the insured value and the contributory value.

44. DEBRIS REMOVAL CLAUSE:
This insurance includes expenses incurred in the removal of all debris
of or from the property insured hereunder which may be occasioned by
loss caused by any of the perils insured against. However, the total
liability under this clause shall not exceed ten percent (10%) of the
insured value of the involved cargo.

45. SUBROGATION AND RELEASE CLAUSE:
Including Waiver of Subrogation against Insured, subsidiary, associated
and/or affiliated companies and/or any parties given a Waiver of
Subrogation by the Insured in the course of their business. It is
further understood and agreed that this insurance shall not be
prejudiced by the Insured accepting released, or limited liability bills
of lading or shipping receipts.

46. PERMISSION TO SIGN AND COUNTERSIGN:
Permission is hereby granted the Insured to issue and countersign
Certificates of Insurance in respect to merchandise covered under this
Policy.

47. LANGUAGE OF POLICY:
It is specifically understood and agreed that the language of this
Policy is the language of the Insurers.

48. INSTITUTE RADIOACTIVE CONTAMINATION EXCLUSION CLAUSE:
This Clause shall be paramount and shall override anything contained in
the insurance inconsistent therewith.
1. In no case shall this insurance cover loss damage liability or
expense directly or indirectly caused by or contributed to by or arising
from:
1.1 ionizing radiations from or contamination by radioactivity from any
nuclear fuel or from any nuclear waste or from the combustion of nuclear
fuel;
1.2 the radioactive, toxic, explosive or other hazardous or
contaminating properties of any nuclear installation, reactor or other
nuclear assembly or nuclear component thereof;
1.3 any weapon of war employing atomic or nuclear fission and/or fusion
or other like reaction or radioactive force or matter.
RADIOACTIVE CONTAMINATION EXCLUSION CLAUSE ENDORSEMENT:
This insurance is subject to the Institute Radioactive Contamination
Exclusion (above) provided that, if fire is an insured peril, and where
the subject matter insurance or, in the case of a reinsurance, the
subject matter insured by the original insurance, is within the U.S.A.
and/or Canada, their islands, onshore territories or possessions, and a
fire arises directly or indirectly from one or more of the causes
detailed in Sub-Clauses 1.1 and 1.2 of the Institute Radioactive
Contamination Exclusion (above), any loss or damage arising directly
from that fire shall, subject to the provisions of the insurance, be
covered, EXCLUDING, however, any loss, damage, liability or expense
causes by nuclear reaction, nuclear radiation or radiation contamination
arising directly or indirectly from that fire.

49. TITLES OF PARAGRAPHS
The titles of the various paragraphs of this Policy (and of
Endorsements, if any, now or hereafter hereto) are inserted solely for
the convenience of reference and shall not be deemed to extend or limit
in any way the provisions to which they relate.
(a) PRINTED CONDITIONS:
Wherever the printed Conditions of this Policy conflict with or are at
variance with the typewritten Conditions or vice versa, the coverage
most beneficial to the Insured shall always prevail.
The word "Insurer" shall be substituted for the word "Underwriter" and
the word "Insured" shall be substituted for the word "Assured" in all
printed forms that are part of this insurance.
(b) OVERLAPPING CLAUSE:
It is understood and agreed that should any Clauses conflict with each
other, the broader Terms and Conditions are deemed to apply in all
cases, to inure to the benefit of the Insured.
Notwithstanding this clause, with respect to War Risks, it is understood
that the Waterborne Agreement shall apply.


50. INSTITUTE CLAUSES :
Institute Cargo Clauses (A) 1/1/82
Institute Cargo Clauses (Air) 1/1/82
Institute Cargo Clauses (C) 1/1/82
Institute War Clauses (Cargo) 1/1/82
Institute War Clauses (Air Cargo) 1/1/82
Institute Strikes Clauses (Cargo) 1/1/82
Institute Strikes Clauses (Air Cargo) 1/1/82
Institute Frozen Food Clauses (A) 1/1/82
Including Frozen Food Extension
SPECIAL CONDITIONS
Automobile Clause
This insurance attaches from the moment the vehicle is delivered to the
steamship company or freight forwarder and covers continuously until
delivered by the steamship company or freight forwarder to the owner or
his representative; or on expiry of 72 hours after landing of the
vehicle on the dock at the final destination, or on destuffing of the
container whichever comes first.
Excluding wear and tear.
Against all loss or damage as per Institute Cargo Clauses (A) subject to
a preshipment survey or excluding claims for scratching, denting,
marring, chipping, rust, oxidation and discolourization, subject to a
deductible of $500 or $300 each and every claim as declared prior to
shipment.
For no reason will the Assurer(s) be liable for any loss or damage that
occurs to the vehicle whilst under its own power.
Excluding loss and/or damage arising from freezing of water in the
radiator and/or cooling system.
Household Goods and Personal Effects
It is warranted that all certificates or declarations for insurance of
household goods and/or personal effects must be accompanied by an
itemized valued inventory and insurance acknowledgment form signed and
returned by the shipper.
Each claim will be subject to a deductible of $500 or $300 each and
every claim as declared prior to shipment.
Antique Clauses
In the event of the subject-matter insured being damaged by risks
insured against, this insurance covers only the reasonable cost of
repairs and in no circumstances shall cover depreciation or loss in
value in addition thereto.
Additional terms and deductible to be agreed at time of shipment
Radioactive/Hazardous/Restricted or Controlled Items
Warranted packed in accordance to the IMDG or UN Code.
Laptops/Cell Phones/PDA's
Subject to a $1500. deductible any one accident or occurrence.


51. ON DECK CARGO:
Shipments on deck under an On Deck Bill of Lading (unless containers
and/or otherwise specified herein) are insured: Warranted free from
particular average in accordance with current Institute Cargo Clause (C)
1/1/82 including the risks of jettison and loss overboard irrespective
of percentage.

52. CLASSIFICATION CLAUSE:
Per regular line iron or steel steamers or motor vessel not less than
1,000 tons net register operating in their regular trade. Per other iron
or steel steamers or motor vessels not over 20 years of age nor less
than 1,000 tons net register, and classed A-1 American Record or 100 A-1
Lloyd's register or equivalent, but excluding, however:
1. Vessels built solely for service on the Great Lakes; and
2. Vessels built for military or naval service.
Insured shipments carried on vessels which are in conflict with the
above are automatically held covered at additional premium to be agreed.

RATE SCHEDULE
FROM/TO:PER $100.00 VALUE


As Per CargoCover Program Calculations, and as may be modified, adjusted
or amended at the discretion of the Underwriters in conjunction with
Marsh Canada Limited.





WAR RISKS
WAR RISKS:
Institute War Clauses, as applicable to Insuring Clauses.

WAR CANCELLATION CLAUSE:
The inclusion in this Contract of Insurance against War Risks (as
defined in Clause No. 1 of the Institute War Clauses) may be cancelled
by either the Underwriters or the Insured giving seven days' notice.
Such cancellation shall become effective on the expiry of seven days
from Midnight of the day on which notice of cancellation is issued by or
to Insurers, but shall not apply to:
(a) Any insurance against the said risks which shall have attached in
accordance with the conditions of the Institute War Clauses before the
cancellation becomes effective.
(b) Any declaration of goods for shipment by a named vessel or of
specified goods to be shipped by a vessel to be named later accepted by
Insurers before the time at which the cancellation becomes effective,
such goods not having been loaded on board the overseas vessel before
that time, provided the goods be loaded on board the overseas vessel and
the vessel sails within 15 days from Midnight of the day on which the
cancellation becomes effective, but if the insurance shall have attached
and the vessel does not sail within the said 15 days the insurance shall
end on the expiry of that period notwithstanding anything to the
contrary contained in the provisions of this contract of insurance.
Nothing in this Clause shall operate to cause a declaration to attach to
this contract if such declaration would be excluded owing to the vessel
not having sailed within the period stated in the contract.

STRIKES, ETC., RISKS
STRIKES, RIOTS, CIVIL COMMOTIONS, ETC.
Institute Strikes, Riots and Civil Commotions Clauses, as applicable to
insuring clauses.





IMPORTANT CLAIMS NOTICE
Examine your cargo promptly after delivery from carrier.
When cargo is received from the carrier in short or damaged condition at
destination, it is necessary for you to take the following action:
Immediately file general notice of claim against the carriers by either
endorsing the delivery receipt or by letter.
As soon as a complete examination of the goods has been made, notify the
carriers in writing of the actual items lost or damaged, specifying
values, etc.
Filing claim against the carrier will protect what rights you may have
under the Bill of Lading and will not affect your rights under your
insurance policy.

SUGGESTIONS TO FACILITATE HANDLING OF CLAIMS AGAINST INSURERS.
1. Claims for Loss or Damage:
(a) Notify the Insurer or nearest agent at once, or if there be no agent
of the Insurer in the vicinity, the Institute of London Underwriters'
Agent or Lloyd's Agent, and supply the following documents:
(I) Statement of Claims in detail.
(ii) Original Bill of Lading if available, otherwise a copy.
(iii) Original commercial invoice, or certified copy thereof, if
original not available.
(iv) Paid expense bills.
(v) Full set of insurance policies or certificates if issued.
(vi) Copy of claim against carrier and copy of their reply.
2. Claim for General Average:
(a) Before signing any average bond or agreement communicate with the
Insurer or its nearest agent, or if there be no agent of the Insurer in
the vicinity, the Institute of London Underwriters' Agents or Lloyd's
Agent.
(b) Do not make any cash deposit, but call upon the Insurer to furnish
the usual guarantee. However, if the Insurer has no representative at
point of delivery it may save time to pay a cash deposit and apply
promptly to the Insurer for refund.
(c) Supply certified copies of commercial invoices in duplicate.
In witness whereof, this Insurer has executed and attested these
presents, but this Policy shall not be valid until countersigned by a
duly authorized representative of the Insurer.


Signed on Behalf Of the Company

Chief Agent for Canada


TERMINATION OF TRANSIT CLAUSE (terrorism)

To be attached to and form a part of Policy Number 110550

COMPANY : ...Continental Casualty Company
EFFECTIVE DATE : January 1st, 2002

It is understood and agreed that this Termination of Transit Clause
shall be paramount and absolute, overriding any clause or clauses, or
any other provisions stamped or endorsed to this open cargo policy.

1.Notwithstanding any provisions to the contrary contained in this
policy, its endorsements, or the clauses referred to therein, it is
understood and agreed that in so far as this policy covers loss of or
damage to the subject matter insured directly caused by the act or acts
of one or more persons, whether or not agents of a sovereign power,
carried out for political, terroristic or ideological purposes and
whether any loss, damage or expense resulting therefrom is accidental or
intentional, such cover is conditional upon the subject matter insured
being in the ordinary course of transit and, in any event, shall
terminate:

1.1As per the transit clauses within or any other provisions stamped on
or endorsed to this open cargo policy.

Or

1.2on delivery to the Consignees or other final warehouse or place of
storage at the destination named herein;
1.3on delivery to any warehouse or place of storage, whether prior to or
at the destination named herein, which the Assured elect to use either
for storage, processing, exhibition, or any other like facility, other
than the ordinary course of transit, or for allocation or distribution;

Or

1.4in respect of wet marine transits, on the expiry of 60 days after
completion of discharge overside of the goods hereby insured from the
vessel at the port of discharge,
1.5in respect of overland transits, not considered to be transshipments
as part of 1.4, on the expiry of 60 days after commencement of the
overland conveyance,
1.6in respect of air transits, on the expiry of 30 days after unloading
the subject matter from the aircraft at the place of discharge,

whichever shall first occur.

2.If this policy or the Clauses referred to therein specifically provide
cover for inland or other further transits following on from storage, or
termination as provided for above, cover will re-attach, and continues
during the ordinary course of that transit terminating again in
accordance with clause 1.

3.This clause is subject to Canadian law and practice.

ALL OTHER TERMS AND CONDITIONS REMAINING UNCHANGED.
Signed On Behalf Of The Company

Chief Agent for Canada

INLAND TRANSIT ENDORSEMENT
It is hereby understood and agreed that effective March 1st, 1999, the
above policy has been extended to include inland shipments as follows:
This insurance covers against all risks of physical loss or damage
arising from any external cause, except as hereinafter provided, while
the insured property is in the custody of:
a. any railroad or railroad express company (including the risk while on
ferries and/or in cars on transfers or lighters);
b. public truckmen, transfer and/or other transportation companies;
c. registered mail and/or airmail and/or parcel post and/or air parcel
post.
This insurance also covers while on docks, wharves, piers, bulkheads, in
stations and/or on platform, but only while in the custody of common
carrier incidental to transportation described above.
This insurance attaches from the time the goods leave the factory, store
or warehouse at initial point of shipment, and covers thereafter
continuously in normal course of transportation, until same are
delivered at store or warehouse at destination.
This insurance does not cover
(a)    Against loss and/or damage caused by strikers, locked-out
workmen, or persons taking part in labour disturbances, or arising from
riot, civil commotion, capture, seizure, or detention, or from any
attempt thereat or the consequences therefrom, or loss or damage arising
from war, invasion, hostilities, rebellion, insurrection, seizure or
destruction under quarantine or customs regulations, confiscation by
order of any government or public authority, or risks of contraband or
illegal transportation and/or trade.
(b) Against loss or damage caused by the neglect of the insured to use
all reasonable means to save and preserve the property at and after any
disaster insured against.
(c) Shipments that have been either refused or are returned by the
receiver thereof;
(d) Export or import shipments unless specifically stated herein;
(e) Risks by mail unless specifically stated herein;
(f) Loss arising from delay or loss or market.
(g) Loss or damage caused by vermin or insects, inherent vice, gradual
deterioration, or wear and    tear.
(h) Loss or damage resulting from nuclear reaction or nuclear radiation
or radioactive contamination, all whether controlled or uncontrolled,
and whether such loss be direct or indirect, proximate or remote, or be
in whole or in part caused by contribution to, or aggravated by the
peril(s) insured against in this policy.
(i) Infidelity of the Insured's employees.
If the total value at risk exceeds the limit(s) of liability provided by
this Policy, the Insured shall nevertheless report the full amount at
risk to these Assurers and shall pay full premium thereon. Acceptance of
such reports and premium shall not alter or increase the limit(s) of
liability of these Insurers but these Insurers shall be liable for the
full amount of covered loss up to but not exceeding the applicable
limit(s) of liability.
RATE SCHEDULE
FROM/TO: PER $100.00 VALUE
As per CargoCover program calculations, and as may be modified, adjusted
or amended at the discretion of the Underwriters in conjunction with
Marsh Canada Limited
ALL OTHER TERMS AND CONDITIONS REMAINING UNCHANGED
Dated Toronto, Ontario on March 1st, 1999
Signed on Behalf of the Company

Chief Agent for Canada

INSTITUTE CARGO CLAUSES (A)


RISKS COVERED
1 This insurance covers all risks of loss of or damage to the
subject-matter insured except as provided in Clauses 4, 5, 6 and 7
below.Risks Clause

2 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 ClauseGeneral Averages Clause

3 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."Both to Blame Collision" Clause

EXCLUSIONS
4 In no case shall this insurance cover
4.1 loss damage or expense attributable to wilful misconduct of the
Assured Exclusions
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
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 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.General Exclusions Clause

5
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 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.Unseaworthiness
and Unfitness Exclusion Clause

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.War
Exclusion Clause

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, locked-out labour disturbances, riots or
civil commotions
7.3 caused by any terrorist or any person acting from a political
motive.Strikes Exclusion Clause

DURATION
8
8.1 This insurance attaches from the time the goods leave the warehouse
or place of storage 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 Consignees' or other final warehouse or place
of storage at the destination named herein.
8.1.2 on delivery to any other warehouse or place of storage, whether
prior to or at the destination named herein,
8.1.2.1 for storage other than in the ordinary course of transit
or
8.1.2.2 for allocation or distribution
or
8.1.3 on the expiry of 60 days after completion of 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.Transit Clause

9
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 60 days after
arrival of the goods hereby insured at such port or place, whichever
shall first occur,
or
9.2 if the goods are forwarded within the said period of 60 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.Termination of Contract of Carriage Goods Clause

10 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.Change
of Voyage Clause

CLAIMS
11
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.Insurable Interest Clause

12 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 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.Forwarding Charges Clause

13 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.Constructive Total Loss Clause

14
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 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.Increased
Value Clause

BENEFIT OF INSURANCE
15 This insurance shall not inure to the benefit of the carrier or other
bailee.Not to Insure Clause

MINIMISING LOSSES
16 It is the 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.Duty of Assured Clause

17 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 of either party.Waiver Clause

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.Reasonable
Despatch Clause

LAW AND PRACTICE
19 This insurance is subject to English law and practice.English Law and
Practice Clause

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.

INSTITUTE CARGO CLAUSES (C)


RISKS COVERED
1 This insurance covers except as provided in Clauses 4, 5, 6 and 7
below, Risks
1.1 loss of or damage to the subject-matter insured attributable to
Clause
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

2 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.General Average Clause

3 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."Both to Blame Collision" Clause

EXCLUSIONS
4 In no case shall this insurance cover
4.1 loss damage or expense attributable to wilful misconduct of the
Assured Clause
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
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 arising from insolvency or financial default
of the owners managers charterers or operators of the vessel.
4.7 deliberate damage to or deliberate destruction of the subject-matter
insured or any part thereof by the wrongful act of any person or persons
4.8 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.General Exclusions Clause

5
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 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.Unseaworthiness
and Unfitness Exclusion Clause

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.War
Exclusion Clause

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, locked-out labour disturbances, riots or
civil commotions
7.3 caused by any terrorist or any person acting from a political
motive.Strikes Exclusion Clause

DURATION
8
8.1 This insurance attaches from the time the goods leave the warehouse
or place of storage 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 Consignees' or other final warehouse or place
of storage at the destination named herein.
8.1.2 on delivery to any other warehouse or place of storage, whether
prior to or at the destination named herein,
8.1.2.1 for storage other than in the ordinary course of transit or
8.1.2.2 for allocation or distribution
or
8.1.3 on the expiry of 60 days after completion of 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.Transit Clause

9 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 60 days after
arrival of the goods hereby insured at such port or place, whichever
shall first occur,
or
9.2 if the goods are forwarded within the said period of 60 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.Termination of Contract of Carriage Clause

10 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.Change
of Voyage Clause

CLAIMS
11
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.Insurable Interest Clause

12 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 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.Forwarding Charges Clause

13 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.Constructive Total Loss Clause

14
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 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.Increased
Value Clause

BENEFIT OF INSURANCE
15 This insurance shall not inure to the benefit of the carrier or other
bailee.Not to Insure Clause

MINIMISING LOSSES
16 It is the 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.Duty of Assured Clause

17 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 of either party.Waiver Clause

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.Reasonable
Despath Clause

LAW AND PRACTICE
This insurance is subject to English law and practice.
English Law and Practice Clause

INSTITUTE CARGO CLAUSES (AIR)
(excluding sendings by Post)


RISKS COVERED
1 This insurance covers all risks of loss of or damage to the
subject-matter insured except as provided in Clauses 2,3 and 4
belowRisks Clause

EXCLUSIONS
2 In no case shall this insurance cover
2.1 loss damage or expense attributable to wilful misconduct of the
Assured
2.2 ordinary leakage, ordinary loss in weight or volume, or ordinary
wear and tear of the subject-matter insured
2.3 loss damage or expense caused by insufficiency or unsuitability of
packing or preparation of the subject-matter insured (for the purpose of
this Clause 2.3 "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)
2.4 loss damage or expense caused by inherent vice or nature of the
subject-matter insured
2.5 loss damage or expense arising from unfitness of aircraft conveyance
container or liftvan for the safe carriage of the subject-matter
insured, where the Assured or their servants are privy to such unfitness
at the time the subject-matter insured is loaded therein.
2.6 loss damage or expense proximately caused by delay, even though the
delay be caused by a risk insured against
2.7 loss damage or expense arising from insolvency or financial default
of the owners managers charterers or operators of the aircraft.
2.8 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 matterGeneral Exclusions Clause

3 In no case shall this insurance cover loss damage or expense caused by
3.1 war civil war revolution rebellion insurrection, or civil strife
arising therefrom, or any hostile act by or against a belligerent power
3.2 capture seizure arrest restraint or detainment (piracy excepted),
and the consequences thereof or any attempt thereat
3.3 derelict mines torpedoes bombs or other derelict weapons of war.War
Exclusion Clause

4 In no case shall this insurance cover loss damage or expense
4.1 caused by strikers, locked-out workmen, or persons taking part in
labour disturbances, riots or civil commotions
4.2 resulting from strikes, lock-outs, labour disturbances, riots or
civil commotions
4.3 caused by any terrorist or any person acting from a political
motive.Strikes Exclusion Clause

DURATION
5
5.1 This insurance attaches from the time the subject-matter insured
leaves the warehouse, premises or place of storage 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 Consignees' or other final warehouse, premises
or place of storage at the destination named herein,
5.1.2 on delivery to any other warehouse, premises or place of storage,
whether prior to or at the destination named 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, or
5.1.3 on expiry of 30 days after unloading the subject-matter insured
from the aircraft at the final place of discharge, whichever shall first
occur;
5.2 If, after unloading from the aircraft at the final place of
discharge, but prior to termination of this insurance, the
subject-matter insured is 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 Cause 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 the air carriers under
the contract of carriage.Transit Clause

6 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 subject- matter insured 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 subject-matter is sold and delivered at such place, or,
unless otherwise specially agreed, until the expiry of 30 days after
arrival of the subject-matter hereby insured at such place, whichever
shall first occur, or
6.2 if the subject-matter is 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.Termination of Contract of Carriage Clause

7 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.Transit Clause

CLAIMS
8
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.Insurable Interest Clause

9 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 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 9, which does not apply to general average or salvage
charges, shall be subject to the exclusions contained in Clauses 2,3 and
4 above, and shall not include charges arising from the fault negligence
insolvency or financial default of the Assured or their
servants.Forwarding Charges Clause

10 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.Constructive Total Loss Clause

11
11.1 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.
11.2 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.Increased
Value Clause

BENEFIT OF INSURANCE
12 This insurance shall not inure to the benefit of the carrier or other
bailee.Not to Inure Clause

MINIMISING LOSSES
13 It is the duty of the Assured and their servants and agents in
respect of loss recoverable hereunder
13.1 to take such measures as may be reasonable for the purpose of
averting or minimising such loss, and
13.2 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.Duty of Assured Clause

14 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 of either party.Waiver Clause

AVOIDANCE OF DELAY
15 It is a condition of this insurance that the Assured shall act with
reasonable despatch in all circumstances within their controlReasonable
Despatch Clause

LAW AND PRACTICE
16 This insurance is subject to English law and practice.English Law and
Practice Clause

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.

INSTITUTE WAR CLAUSES (CARGO)


RISKS COVERED
1 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 war civil war revolution rebellion insurrection, or civil strife
arising therefrom, or any hostile act by or against a belligerent power
1.2 capture seizure arrest restraint or detainment, arising from risks
covered under 1.1 above, and the consequences thereof or any attempt
thereat
1.3 derelict mines torpedoes bombs or other derelict weapons of
war.Risks Clause

2 This insurance covers general average and salvage charges, adjusted or
determined according to the contract of affrieghtment 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.General
Average Clause

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 (for the purpose of
this Clause 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 any claim based upon loss of or frustration of the voyage or
adventure
3.8 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 matterGeneral Exclusions Clause

4
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-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.Unseaworthiness
and Unfitness Exclusion Clause

DURATION
5
5.1 This insurance
5.1.1 attaches only as the subject-matter insured and as to any part as
that part is loaded on an oversea vessel
and
5.1.2 terminates, subject to 5.2 and 5.3 below, either as the
subject-matter insured and as to any part as that part is discharged
from an oversea vessel at the final port or place of discharge, or on
expiry of 15 days counting from midnight of the day of arrival of the
vessel at the final port or place of discharge, whichever shall first
occur; nevertheless, subject to prompt notice to the Underwriters and to
an additional premium, such insurance
5.1.3 reattaches when, without having discharged the subject-matter
insured at the final port or place of discharge, the vessel sails
therefrom.
And
5.1.4 terminates, subject to 5.2 and 5.3 below, either as the
subject-matter insured and as to any part as that part is thereafter
discharged from the vessel at the final (or substituted) port or place
of discharge, or on expiry of 15 days counting from midnight of the day
of re-arrival of the vessel at the final port or place of discharge or
arrival of the vessel at a substituted port or place of discharge,
whichever shall first occur.
5.2 If during the insured voyage the oversea vessel arrives at an
intermediate port or place to discharge the subject-matter insured for
on-carriage by oversea vessel or by aircraft, or the goods are
discharged from the vessel at a port or place of refuge, then, subject
to 5.3 below and to an additional premium if required, this insurance
continues until the expiry of 15 days counting from midnight of the day
of arrival of the vessel at such port or place, but thereafter
reattaches as the subject-matter insured and as to any part as that part
is loaded on an on-carrying oversea vessel or aircraft. During the
period of 15 days the insurance remains in force after discharge only
whilst the subject-matter insured and as to any part as that part is at
such port or place. If the goods are on-carried within the said period
of 15 days or if the insurance reattaches as provided in this Clause 5.2
5.2.1 where the on-carriage is by oversea vessel this insurance
continues subject to the terms of these clauses,
or
5.2.2 where the on-carriage is by aircraft, the current Institute War
Clauses (Air Cargo) excluding sendings by Post) shall be deemed to form
part of this insurance and shall apply to the on-carriage by air.
5.3 If the voyage in the contract of carriage is terminated at a port or
place other than the destination agreed therein, such port or place
shall be deemed the final port of discharge and such insurance
terminates in accordance with 5.1.2. If the subject-matter insured is
subsequently reshipped to the original or any other destination, then
provided notice is given to the Underwriters before the commencement of
such further transit and subject to an additional premium, such
insurance reattaches
5.3.1 in the case of the subject-matter insured having been discharged,
as the subject-matter insured and as to any part as that part is loaded
on the on-carrying vessel for the voyage;
5.3.2 in the case of the subject-matter not having been discharged, when
the vessel sails from such deemed final port of discharge; thereafter
such insurance terminates in accordance with 5.1.4.
5.4 The insurance against the risks of mines and derelict torpedoes,
floating or submerged, is extended whilst the subject-matter insured or
any part thereof is on craft whilst in transit to or from the oversea
vessel, but in no case beyond the expiry of 60 days after discharge from
the oversea vessel unless otherwise specially agreed by the
Underwriters.
5.5 Subject to prompt notice to Underwriters, and to an additional
premium if required, this insurance shall remain in force within the
provisions of these Clauses during any deviation, or any variation of
the adventure arising from the exercise of a liberty granted to
shipowners or charterers under the contract of affreightment.
(For the purpose of Clause 5, "arrival" shall be deemed to mean that the
vessel is anchored, moored or otherwise secured at a berth or place
within the Harbour Authority area. If such a berth or place is not
available, arrival is deemed to have occurred when the vessel first
anchors, moors or otherwise secures either at or off the intended port
or place of discharge. "oversea vessel" shall be deemed to mean a vessel
carrying the subject-matter from one port or place to another where such
voyage involves a sea passage by that vessel)Change of Voyage Clause

6 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.

7 Anything contained in this contract which is inconsistent with Clauses
3.7,3.8 or 5 shall, to the extent of such inconsistency, be null and
void.

CLAIMS
8
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 Clause
underwriters were not.Insurable Interest Clause

9
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.Increased
Value Clause

BENEFIT OF INSURANCE
10 This insurance shall not inure to the benefit of the carrier or other
bailee.Not to Inure Clause

MINIMISING LOSSES
11 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.Duty of Assured Clause

12 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 of either party.Waiver Clause

AVOIDANCE OF DELAY
13 It is a condition of this insurance that the Assured shall act with
reasonable despatch in all circumstances within their controlReasonable
Despatch Clause

LAW AND PRACTICE
14 This insurance is subject to English law and practice.English Law and
Practice Clause

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.

INSTITUTE WAR CLAUSES (AIR CARGO)
(excluding sendings by Post)


RISKS COVERED
1 This insurance covers, except as provided in Clause 2 below, loss of
or damage to the subject-matter insured caused by
1.1 war civil war revolution rebellion insurrection, or civil strife
arising therefrom, or any hostile act by or against a belligerent power
1.2 capture seizure arrest restraint or detainment, arising from risks
covered under 1.1 above, and the consequences thereof or any attempt
thereat
1.3 derelict mines torpedoes bombs or other derelict weapons of
war.Risks Clause

EXCLUSIONS
2 In no case shall this insurance cover
2.1 loss damage or expense attributable to wilful misconduct of the
Assured
2.2 ordinary leakage, ordinary loss in weight or volume, or ordinary
wear and tear of the subject-matter insured
2.3 loss damage or expense caused by insufficiency or unsuitability of
packing or preparation of the subject-matter insured (for the purpose of
this Clause 2.3 "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)
2.4 loss damage or expense caused by inherent vice or nature of the
subject-matter insured
2.5 loss damage or expense arising from unfitness of aircraft conveyance
container or liftvan for the safe carriage of the subject-matter
insured, where the Assured or their servants are privy to such unfitness
at the time the subject-matter insured is loaded therein
2.6 loss damage or expense proximately caused by delay, even though the
delay be caused by a risk insured against
2.7 loss damage or expense arising from insolvency or financial default
of the owners managers charterers or operators of the aircraft
2.8 any claim based upon loss of or frustration of the voyage or
adventure
2.9 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 matterGeneral Exclusions Clause

DURATION
3
3.1 This insurance
3.1.1 attaches only as the subject-matter insured and as to any part as
that part is loaded on the aircraft for the commencement of the air
transit insured and
3.1.2 terminates, subject to 3.2 and 3.3 below, either as the
subject-matter insured and as to any part as that part is discharged
from the aircraft at the final place of discharge,
or
on expiry of 15 days counting from midnight of the day of arrival of the
aircraft at the final place of discharge, whichever shall first occur;
nevertheless, subject to prompt notice to the Underwriters and to an
additional premium, such insurance
3.1.3 reattaches when, without having discharged the subject-matter
insured at the final place of discharge, the aircraft departs therefrom.
and
3.1.4 terminates, subject to 3.2 and 3.3 below, either as the
subject-matter insured and as to any part as that part is thereafter
discharged from the aircraft at the final (or substituted) place of
discharge,
or
on expiry of 15 days counting from midnight of the day of re-arrival of
the aircraft at the final place of discharge or arrival of the aircraft
at a substituted place of discharge, whichever shall first occur.
3.2 If during the insured transit the aircraft arrives at an
intermediate place to discharge the subject-matter insured for
on-carriage by aircraft or by oversea vessel, then, subject to 3.3 below
and to an additional premium if required, this insurance continues until
the expiry of 15 days counting from midnight of the day of arrival of
the aircraft at such place, but thereafter reattaches as the
subject-matter insured and as to any part as that part is loaded on an
on-carrying aircraft or oversea vessel. During the period of 15 days the
insurance remains in force after discharge only whilst the
subject-matter insured and as to any part as that part is at such
intermediate place. If the goods are on-carried within the said period
of 15 days or if the insurance reattaches as provided in this Clause 3.2
3.2.1 where the on-carriage is by aircraft this insurance continues
subject to the terms of these clauses,
or
3.2.2 where the on-carriage is by oversea vessel, the current Institute
War Clauses (Cargo) shall be deemed to form part of this insurance and
shall apply to the on-carriage by sea.
3.3 If the air transit in the contract of carriage is terminated at a
place other than the destination agreed therein, that place shall be
deemed the final place of discharge and such insurance terminates in
accordance with 3.1.2. If the subject-matter insured is subsequently
consigned to the original or any other destination, then provided notice
is given to the Underwriters before the commencement of such further
transit and subject to an additional premium, such insurance reattaches
3.3.1in the case of the subject-matter insured having been discharged,
as the subject-matter insured and as to any part as that part is loaded
on the on-carrying aircraft for the transit;
3.3.2 in the case of the subject-matter insured not having been
discharged, when the aircraft departs from such deemed final place of
discharge; thereafter such insurance terminates in accordance with
3.1.4.
3.4 Subject to prompt notice to Underwriters, and to an additional
premium if required, this insurance shall remain in force within the
provisions of these Clauses during any deviation, or any variation of
the adventure arising from the exercise of a liberty granted to the air
carrier under the contract of carriage. (For the purpose of Clause 3
"oversea vessel" shall be deemed to mean a vessel carrying the
subject-matter from one port or place to another where such voyage
involves a sea passage by that vessel)Transit Clause

4 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.Change
of Transit Clause

5 Anything contained in this contract which is inconsistent with Clauses
2.8, 2.9 or 3 shall, to the extent of such inconsistency, be null and
void.

CLAIMS
6
6.1 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.
6.2 Subject to 6.1 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 Clause
and the underwriters were not.Insurable Interest Clause

7
7.1 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.
7.2 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.Increased
Value Clause

BENEFIT OF INSURANCE
8 This insurance shall not inure to the benefit of the carrier or other
bailee.Not to Inure Clause

MINIMISING LOSSES
9 It is the duty of the Assured and their servants and agents in respect
of loss recoverable hereunder
9.1 to take such measures as may be reasonable for the purpose of
averting or minimising such loss,
and
9.2 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.Duty of Assured Clause

10 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 of either party.Waiver Clause

AVOIDANCE OF DELAY
11 It is a condition of this insurance that the Assured shall act with
reasonable despatch in all circumstances within their controlReasonable
Despatch Clause

LAW AND PRACTICE
12 This insurance is subject to English law and practice.English Law
and Practice
Clause

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.

INSTITUTE STRIKES CLAUSES (CARGO)


RISKS COVERED
1 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.Risks
Clause

2 This insurance covers general average and salvage charges, adjusted or
determined according to the contract of affrieghtment 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.General
Average Clause

EXCLUSIONS
3 In no case shall this insurance cover
3.1 loss damage or expense attributable to wilful misconduct of the
Assured Clause
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 Clause 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.General Exclusions Clause

4
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-matter
insured is loaded insured,
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.Unseaworthiness
and Unfitness Exclusion Clause

DURATION
5
5.1 This insurance attaches from the time the goods leave the warehouse
or place of storage 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 Consignees' or other final warehouse or place
of storage at the destination named herein,
5.1.2 on delivery to any other warehouse or place of storage, whether
prior to or at the destination named 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, or
5.1.3 on expiry of 60 days after completion of 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, 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.
5.3 This insurance shall remain in force (subject to termination as
provided for above and to the provisions of Cause 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 shipowners or
charterers under the contract of affreightment.Transit Clause

6 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 60 days after
arrival of the goods hereby insured at such port or place, whichever
shall first occur, or
6.2 if the goods are forwarded within the said period of 60 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.Termination of Contract of Carriage Clause

7 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 UnderwritersChange
of Voyage Clause

CLAIMS
8
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.Insurable Interest Clause

9
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.Increased
Value Clause

BENEFIT OF INSURANCE
10 This insurance shall not inure to the benefit of the carrier or other
bailee.Not to Inure Clause

MINIMISING LOSSES
11 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.Duty of Assured Clause

12 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 of either party.Waiver Clause

AVOIDANCE OF DELAY
13 It is a condition of this insurance that the Assured shall act with
reasonable despatch in all circumstances within their controlReasonable
Despatch Clause

LAW AND PRACTICE
14 This insurance is subject to English law and practice.English Law and
Practice Clause

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.

INSTITUTE STRIKES CLAUSES (AIR CARGO)


RISKS COVERED
1 This insurance covers, except as provided in Clauses 2 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.Risks
Clause

EXCLUSIONS
2 In no case shall this insurance cover
2.1 loss damage or expense attributable to wilful misconduct of the
Assured
2.2 ordinary leakage, ordinary loss in weight or volume, or ordinary
wear and tear of the subject-matter insured
2.3 loss damage or expense caused by insufficiency or unsuitability of
packing or preparation of the subject-matter insured (for the purpose of
this Clause 2.3 "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)
2.4 loss damage or expense caused by inherent vice or nature of the
subject-matter insured
2.5 loss damage or expense arising from unfitness of aircraft conveyance
container or liftvan for the safe carriage of the subject-matter
insured, where the Assured or their servants are privy to such unfitness
at the time the subject-matter insured is loaded therein.
2.6 loss damage or expense proximately caused by delay, even though the
delay be caused by a risk insured against
2.7 loss damage or expense arising from insolvency or financial default
of the owners managers charterers or operators of the aircraft
2.8 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
2.9 any claim based upon loss of or frustration of the voyage or
adventure
2.10 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
2.11 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.General
Exclusions
Clause

DURATION
3
3.1 This insurance attaches from the time the subject-matter leaves the
warehouse, premises or place of storage at the place named herein for
the commencement of the transit, continues during the ordinary course of
transit and terminates either
3.1.1 on delivery to the Consignees' or other final warehouse or place
of storage at the destination named herein,
3.1.2 on delivery to any other warehouse or place of storage, whether
prior to or at the destination named herein, which the Assured elect to
use either
3.1.2.1 for storage other than in the ordinary course of transit
or
3.1.2.2 for allocation or distribution,
or
3.1.3 on expiry of 30 days after unloading the subject-matter insured
from the aircraft at the final place of discharge, whichever shall first
occur;
3.2 If, after unloading from the aircraft at the final place 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.
3.3 This insurance shall remain in force (subject to termination as
provided for above and to the provisions of Cause 4 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.Transit
Clause

4 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 delivery of
the subject-matter insured as provided for in Clause 3 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 Clause
4.1 until the subject-matter is sold and delivered at such place, or,
unless otherwise specially agreed, until the expiry of 30 days after
arrival of the goods hereby insured at such place, whichever shall first
occur,
or
4.2 if the subject-matter is 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 3 above.Termination
of Contract
of Carriage

5 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.Change
of
Transit
Clause

CLAIMS
6
6.1 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.
6.2 Subject to 6.1 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.Insurable
Interest
Clause

7
7.1 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.
7.2 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.Increased
Value
Clause

BENEFIT OF INSURANCE
8 This insurance shall not inure to the benefit of the carrier or other
bailee.Not to
Insure
Clause

MINIMISING LOSSES
9 It is the duty of the Assured and their servants and agents in respect
of loss recoverable hereunder
9.1 to take such measures as may be reasonable for the purpose of
averting or minimising such loss,
and
9.2 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.Duty of
Assured
Clause

10 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 of either party.Waiver
Clause

AVOIDANCE OF DELAY
11 It is a condition of this insurance that the Assured shall act with
reasonable despatch in all circumstances within their controlReasonable
Despatch
Clause

LAW AND PRACTICE
12 This insurance is subject to English law and practice.English Law
and Practice
Clause

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.