(FOR USE ONLY WITH THE CURRENT MAR POLICY FORM)
INSTITUTE TIME CLAUSES - HULLS
TOTAL LOSS ONLY
(Including Salvage, Salvage Charges and Sue and Labour)
This insurance is subject to English law and practice
1. NAVIGATION
1.1
The vessel is covered subject to the provisions of this insurance at all times and has leave to sail or navigate with or without pilots, to go on trial trips and to assist and tow vessels or craft in distress, but it is warranted that the vessel shall not be towed, except as is customary or to the first safe port or place when in need of assistance, or undertake towage or salvage services under a contract previously arranged by the Assured and/or Owners and/or Managers and/or Charterers. This Clause 1.1 shall not exclude customary towage in connection with loading and discharging. This insurance shall not be prejudiced by reason of the Assured entering into any contract with pilots or for customary towage which limits or exempts the liability of the pilots and/or tugs and/or towboats and/or their owners when the Assured or their agents accept or are compelled to accept such contracts in accordance with established local law or practice.
The practice of engaging helicopters for the transportation of personnel, supplies and equipment to and/or from the vessel shall not prejudice this insurance.
In the event of the vessel being employed in trading operations which entail cargo loading or
discharging at sea from or into another vessel (not being a harbour or inshore craft) no claim shall be recoverable under this insurance for loss of or damage to the vessel from such loading or
discharging operations, including whilst approaching, lying alongside and leaving, unless previous notice that the vessel is to be employed in such operations has been given to the Underwriters and any amended terms of cover and any additional premium required by them have been agreed. In the event of the vessel sailing (with or without cargo) with an intention of being (a) broken up, or (b) sold for breaking up, any claim for loss of or damage to the vessel occurring subsequent to such sailing shall be limited to the market value of the vessel as scrap at the time when the loss or damage is sustained unless previous notice has been given to the Underwriters and any
amendments to the terms of cover, insured value and premium required by them have been agreed. Nothing in this Clause 1.5 shall affect claims under Clause 8.
1.2
1.3
1.4
1.5
2. CONTINUATION
Should the vessel at the expiration of this insurance be at sea and in distress or missing she shall, provided notice be given to the Underwriters prior to the expiration of this insurance, be held covered until arrival at the next port in good safety, or if in port and in distress until the vessel is made safe, at a pro rata monthly premium.
3. BREACH OF WARRANTY
Held covered in case of any breach of warranty as to cargo, trade, locality, towage, salvage services or date of sailing, provided notice be given to the Underwriters immediately after receipt of advices and any amended terms of cover and any additional premium required by them be agreed.
4. CLASSIFICATION
4.1
It is the duty of the Assured, Owners and Managers at the inception of and throughout the period of this insurance to ensure that
4.1.1 the vessel is classed with a Classification Society agreed by the Underwriters and that her
class within that Society is maintained,
4.1.2 any recommendations requirements or restrictions imposed by the Vessel's Classification
Society which relate to the vessel's seaworthiness or to her maintenance in a seaworthy condition are complied with by the dates required by that Society.
4.2
In the event of any breach of the duties set out in Clause 4.1 above, unless the Underwriters agree to the contrary in writing, they will be discharged from liability under this insurance as from the date of the breach provided that if the vessel is at sea at such date the Underwriters' discharge from liability is deferred until arrival at her next port.
Any incident condition or damage in respect of which the vessel's Classification Society might make recommendations as to repairs or other action to be taken by the Assured, Owners or Managers must be promptly reported to the Classification Society.
Should the Underwriters wish to approach the Classification Society directly for information and/or documents, the Assured will provide the necessary authorization.
4.3
4.4
5. TERMINATION
This Clause 5 shall prevail notwithstanding any provision whether written typed or printed in this
insurance inconsistent therewith.
Unless the Underwriters agree to the contrary in writing, this insurance shall terminate automatically at the time of
5.1
change of the Classification Society of the vessel, or change, suspension, discontinuance,
withdrawal or expiry of her Class therein, or any of the Classification Society's periodic surveys becoming overdue unless an extension of time for such survey be agreed by the Classification Society, provided that if the vessel is at sea such automatic termination shall be deferred until
arrival at her next port. However where such change, suspension, discontinuance or withdrawal of her Class or where a periodic survey becoming overdue has resulted from loss or damage covered by Clause 6 of this insurance or which would be covered by an insurance of the vessel subject to current Institute Time Clauses-Hulls or Institute War and Strikes Clauses Hulls-Time such automatic termination shall only operate should the vessel sail from her next port without the prior approval of the Classification Society or in the case of a periodic survey becoming overdue without the Classification Society having agreed an extension of time for such survey,
any change, voluntary or otherwise, in the ownership or flag, transfer to new management, or charter on a bareboat basis, or requisition for title or use of the vessel, provided that, if the vessel has cargo on board and has already sailed from her loading port or is at sea in ballast, such
automatic termination shall if required be deferred, whilst the vessel continues her planned voyage, until arrival at final port of discharge if with cargo or at port of destination if in ballast. However, in the event of requisition for title or use without the prior execution of a written agreement by the Assured, such automatic termination shall occur fifteen days after such requisition whether the vessel is at sea or in port.
5.2
A pro rata daily net return of premium shall be made provided that a total loss of the vessel, whether by insured perils or otherwise, has not occurred during the period covered by this insurance or any extension thereof.
6. PERILS
6.1 This insurance covers total loss (actual or constructive) of the subject-matter insured caused by
6.1.1 perils of the seas rivers lakes or other navigable waters
6.1.2 fire, explosion
6.1.3 violent theft by persons from outside the vessel
6.1.4 jettison
6.1.5 piracy
6.1.6 contact with land conveyance, dock or harbour equipment or installation
6.1.7 earthquake volcanic eruption or lightning
6.1.8 accidents in loading discharging or shifting cargo or fuel.
6.2
This insurance covers total loss (actual or constructive) of or damage to the subject-matter insured caused by
6.2.1 bursting of boilers breakage of shafts or any latent defect in the machinery or hull
6.2.2 negligence of Master Officers Crew or Pilots
6.2.3 negligence of repairers or charterers provided such repairers or charterers are not an
Assured hereunder
6.2.4 barratry of Master Officers or Crew
6.2.5 contact with aircraft, helicopters or similar objects, or objects falling therefrom
provided that such loss or damage has not resulted from want of due diligence by the Assured, Owners, Managers or Superintendents or any of their onshore management.
6.3
Master Officers Crew or Pilots not to be considered Owners within the meaning of this Clause 6 should they hold shares in the vessel.
7. POLLUTION HAZARD
This insurance covers total loss (actual or constructive) of the vessel caused by any governmental authority acting under the powers vested in it to prevent or mitigate a pollution hazard or damage to the environment, or threat thereof, resulting directly from damage to the vessel caused by a peril covered by this insurance, provided that such act of governmental authority has not resulted from want of due diligence by the
Assured, Owners or Managers to prevent or mitigate such hazard or damage or threat thereof. Master Officers Crew or Pilots not to be considered Owners within the meaning of this Clause 7 should they hold shares in the vessel.
8. SALVAGE
8.1
8.2
This insurance covers the vessel's proportion of salvage and salvage charges, reduced in respect of any under-insurance.
No claim under this Clause 8 shall in any case be allowed where the loss was not incurred to avoid
or in connection with the avoidance of a peril insured against.
8.3
No claim under this Clause 8 shall in any case be allowed for or in respect of
8.3.1 special compensation payable to a salvor under Article 14 of the International Convention
on Salvage, 1989 or under any other provision in any statute, rule, law or contract which is similar in substance
协会主条款 INSTITUTE CL289 Time - Hulls Total Loss Only
