LOSS OF OR DAMAGE TO EQUIPMENT FOR A SUM OR VALUE SUFFICIENT TO PROVIDE FOR THEIR REPLACEMENT AT THE SITE.

Transcription

1 Risks and Insurances THE PROVIDES THESE INSURANCES FROM THE INSURANCE TABLE THE AMOUNT OF COVER FOR INSURANCE IN RESPECT OF LOSS OF OR DAMAGE TO PROPERTY (EXCEPT THE WORKS, PLANT AND MATERIALS AND EQUIPMENT) AND LIABILITY FOR BODILY INJURY TO OR DEATH OF A PERSON (NOT AN EMPLOYEE OF THE ) ARISING FROM OR IN CONNECTION WITH THE S OBLIGATION TO PROVIDE THE WORKS FOR ANY ONE EVENT IS THE AMOUNT OF COVER WHICH THE DEEMS NECESSARY IN ADDITION TO THAT EMPLOYER. THE MINIMUM AMOUNT OF COVER FOR INSURANCE IN RESPECT OF DEATH OF OR BODILY INJURY TO EMPLOYEES OF THE ARISING OUT OF AND IN THE COURSE OF THEIR EMPLOYMENT IN CONNECTION WITH THIS CONTRACT IS : AS PRESCRIBED BY THE COMPENSATION FOR OCCUPATIONAL INJURIES AND DISEASES ACT NO. 130 OF 1993 (COIDA) AND THE S COMMON LAW LIABILITY FOR PERSONS FALLING OUTSIDE THE SCOPE OF COIDA WITH A LIMIT OF INDEMNITY OF NOT LESS THAN R (FIVE HUNDRED THOUSAND RAND). LOSS OF OR DAMAGE TO EQUIPMENT FOR A SUM OR VALUE SUFFICIENT TO PROVIDE FOR THEIR REPLACEMENT AT THE SITE. LOSS OF OR DAMAGE TO EQUIPMENT, ARISING FROM SASRIA - RELATED INCIDENTS ( SASRIA ) COVER FOR A SUM OR VALUE SUFFICIENT TO PROVIDE FOR THEIR REPLACEMENT AT THE SITE. THE PROVIDES THESE ADDITIONAL INSURANCES THE COVER IS THE COVER IS [ ] [ ] [ ]

2 THE EMPLOYER PROVIDES THESE INSURANCES FROM THE INSURANCE TABLE [CONTRACT WORKS INSURANCE] 1 PHYSICAL LOSS OF OR DAMAGE TO THE WORKS, PLANT AND MATERIALS (INCLUDING PLANT AND MATERIALS EMPLOYER) AND INCLUDING TEMPORARY WORK REQUIRED TO COMPLETE THE WORKS. EXCLUDING : LOSS OF OR DAMAGE DUE TO DEFECTIVE MATERIAL, WORKMANSHIP, DESIGN, PLAN OR SPECIFICATION. THIS EXCEPTION SHALL BE LIMITED TO THAT PART WHICH IS THE IMMEDIATE CAUSE OF SUCH LOSS OR DAMAGE AND SHALL NOT EXTEND TO ANY OTHER PROPERTY INSURED. THE COSTS OF RE-DESIGN, IMPROVEMENT OR ALTERATION ON THE OCCASION OF REPAIR, REPLACEMENT OR REINSTATEMENT OF THE LOSS OR DAMAGE. THE COVER IS THE TOTAL OF THE PRICES EMPLOYER S SURROUNDING PROPERTY LIMITED TO R25 MILLION (TWENTY FIVE MILLION RAND) THE DEDUCTIBLES ARE ARISING FROM LOSS OF OR DAMAGE TO: AMOUNT (RAND) CONTRACT WORKS AND/OR EMPLOYER S SURROUNDING PROPERTY IN RESPECT OF EACH AND EVERY LOSS R 500, (FIVE HUNDRED THOUSAND RAND) [THIRD PARTY] 2 LIABILITY FOR LOSS OF OR DAMAGE TO PROPERTY (EXCEPT THE WORKS, PLANT AND MATERIALS, AND EQUIPMENT) AND LIABILITY FOR BODILY INJURY TO OR DEATH OF A PERSON (NOT AN EMPLOYEE OF THE ) ARISING FROM OR IN CONNECTION WITH THE S OBLIGATION TO PROVIDE THE WORKS. EXCLUDES THE COST OF MAKING GOOD FAULTY WORKMANSHIP MATERIALS OR DESIGN IN ANY PART OF THE PROPERTY INSURED. THE COVER IS: FOR ANY OCCURRENCE OR SERIES OF OCCURRENCES ARISING OUT OF ONE EVENT BUT UNLIMITED DURING THE PERIOD OF INSURANCE: R20 MILLION (TWENTY MILLION RAND) THE DEDUCTIBLES ARE IN RESPECT OF: LOSS OF OR DAMAGE TO PROPERTY LOSS OF OR DAMAGE TO UNDERGROUND/ OVERHEAD SERVICES LOSS OF OR DAMAGE ARISING OUT OF VELD, GRASS AND/OR BUSH FIRES LOSS OF OR DAMAGE ARISING OUT OF ACCIDENTAL REMOVAL OF SUPPORT BODILY INJURY TO OR DEATH OF A PERSON AMOUNT (RAND) (TWENTY THOUSAND RAND) (TWENTY THOUSAND RAND) (FIFTY THOUSAND RAND) (TWENTY THOUSAND RAND) NIL [SASRIA] 3 LOSS OF OR DAMAGE TO THE WORKS, PLANT AND MATERIALS, (INCLUDING PLANT AND MATERIALS EMPLOYER) ARISING FROM SASRIA RELATED INCIDENTS ( SASRIA COVER).

3 THE COVER IS THE TOTAL OF THE PRICES THE DEDUCTIBLES IS 0.1% OF THE SPECIFIC TOTAL OF THE PRICES ONLY IN RESPECT OF THEFT ARISING FROM SASRIA PERILS, MINIMUM R2 500 (TWO THOUSAND FIVE HUNDRED RAND) AND MAXIMUM R (TWENTY FIVE THOUSAND RAND) If this contract includes conveyance of Plant and Materials from outside the borders of the Republic of South Africa, the following additional insurance commonly known as Marine Insurance is applicable. IMPORTANT NOTE: If the Marine Insurances are applicable, please refer per website related Format ECSC3 files and Claims Handling files: 1) The Marine Insurance Policy Wording 2) The Marine Insurance Policies and Procedures Schedule a pre-shipment survey form has to be completed under certain circumstances 3) The Marine Claims Guide for important shipment actions and claims forms Insurance against [Marine] 4 Loss of or damage to works, Plant and Materials whilst being conveyed from sources outside the borders of the Republic of South Africa to the Working Areas. The Cover is The lesser of the total of the Prices (Contract Value) or R600 million (six hundred million Rand) for any one conveyance Location insurance is the lesser of the total of the Prices (Contract Value) or R1,200 million (one thousand and two hundred million Rand) This is subject to the Contractor s prior and timely notification per the Marine Insurance Policies and Procedures Schedule [refer web site], of the full details of the shipment to Eskom Insurance Management Services [EIMS]. Failure to notify [EIMS] renders this cover null and void. The Contractor will contact any of the EIMS representatives or the Eskom Shipping Division until a written acknowledgement is received. The deductible is IN RESPECT OF EACH AND EVERY LOSS 10% OF LOSS MINIMUM R 100, (ONE HUNDRED THOUSAND RAND) MAXIMUM R500, (FIVE HUNDRED THOUSAND RAND) Limits of Liability FOR ANY ONE EVENT, THE S LIABILITY TO THE EMPLOYER FOR LOSS OF OR DAMAGE TO THE EMPLOYER S PROPERTY IS LIMITED TO THE HIGHEST CONTRACT WORKS INSURANCE DEDUCTIBLE EXCEPT TO THE EXTENT: THE DOES NOT FULLY COMPLY WITH THE PROVISIONS OF THE CONTRACT, OR THE IS IN BREACH OF THE EMPLOYER S INSURANCE POLICY CONDITIONS, OR THE COMMITS ANY GROSSLY NEGLIGENT OR WILFUL ACT/ OMISSION, OR A BREACH OF STATUTORY DUTY.

4 THE S TOTAL LIABILITY TO THE EMPLOYER FOR ALL MATTERS ARISING UNDER OR IN CONNECTION WITH THIS CONTRACT, OTHER THAN EXCLUDED MATTERS, IS LIMITED TO THE TOTAL OF THE PRICES AT CONTRACT DATE. Indemnities THE EMPLOYER INDEMNIFIES THE AGAINST ANY CLAIMS, PROCEEDINGS, COMPENSATION AND COSTS IN RESPECT OF DEATH OF OR INJURY TO A PERSON, AND LOSS OF OR DAMAGE TO PROPERTY (OTHER THAN EQUIPMENT), AND INFRINGEMENT OF AN INTELLECTUAL PROPERTY RIGHT WHICH ARISES FROM ANY NEGLIGENCE, WILFUL ACT, BREACH OF THE CONTRACT OR BREACH OF STATUTORY DUTY BY THE EMPLOYER. THE INDEMNIFIES THE EMPLOYER AGAINST ANY CLAIMS, PROCEEDINGS, COMPENSATION AND COSTS IN RESPECT OF DEATH OF OR INJURY TO A PERSON, AND LOSS OF OR DAMAGE TO PROPERTY (OTHER THAN THE WORKS, PLANT AND MATERIALS), AND INFRINGEMENT OF AN INTELLECTUAL PROPERTY RIGHT, AND THE S DEFECTIVE DESIGN, AND MANUFACTURE AND FABRICATION OUTSIDE THE WORKING AREAS. WHICH ARISES FROM ANY NEGLIGENCE, WILFUL ACT, BREACH OF THE CONTRACT OR BREACH OF STATUTORY DUTY BY THE Insurance Cover THE PROVIDES THE INSURANCES STATED IN THE INSURANCE TABLE BELOW, EXCEPT ANY INSURANCE WHICH THE EMPLOYER IS TO PROVIDE AS STATED IN THE CONTRACT DATA. THE PROVIDES ADDITIONAL INSURANCES AS STATED IN THE CONTRACT DATA. THE INSURANCES ARE IN THE JOINT NAMES OF THE PARTIES AND PROVIDE COVER FOR EVENTS WHICH ARE AT THE PARTIES RISK FROM THE STARTING DATE, UNTIL THE LATER OF THE DEFECTS DATE OR THE END OF THE LAST DEFECT CORRECTION PERIOD. INSURANCE TABLE LOSS OF OR DAMAGE TO THE WORKS, PLANT AND MATERIALS (INCLUDING EMPLOYER S SURROUNDING PROPERTY) PARTY RESPONSIBLE EMPLOYER. THE IS DEDUCTIBLES MINIMUM AMOUNT OF COVER THE REPLACEMENT COST, INCLUDING THE AMOUNT STATED IN THE CONTRACT DATA FOR THE REPLACEMENT OF ANY PLANT AND MATERIALS EMPLOYER AND THE LIMIT OF INDEMNITY STATED FOR THE EMPLOYER S SURROUNDING PROPERTY LOSS OF OR DAMAGE TO THE WORKS, PLANT AND MATERIALS FOR MARINE TRANSIT (SHIPPING). EMPLOYER. THE IS DEDUCTIBLES THE MARINE LIMITS STATED IN THE POLICY

5 LIABILITY FOR LOSS OF OR DAMAGE TO PROPERTY (OTHER THAN THE WORKS, PLANT AND MATERIALS AND EQUIPMENT) AND LIABILITY FOR BODILY INJURY TO OR DEATH OF A PERSON (NOT AN EMPLOYEE OF THE ) ARISING FROM OR IN CONNECTION WITH THE S OBLIGATION TO PROVIDE THE WORKS. EMPLOYER. THE IS DEDUCTIBLES THE AMOUNT STATED IN THE CONTRACT DATA FOR ANY ONE EVENT WITH CROSS LIABILITY SO THAT THE INSURANCE APPLIES TO THE PARTIES SEPARATELY. LOSS OF OR DAMAGE TO THE WORKS, PLANT AND MATERIALS, (INCLUDING PLANT AND MATERIALS PROVIDED BY THE EMPLOYER) ARISING FROM SASRIA - RELATED INCIDENTS ( SASRIA COVER) EMPLOYER. THE IS DEDUCTIBLES. THE SASRIA LIMITS STATED IN THE CONTRACT DATA. LOSS OF OR DAMAGE TO EQUIPMENT LOSS OF OR DAMAGE TO EQUIPMENT, ARISING FROM SASRIA RELATED INCIDENTS ( SASRIA COVER ). LIABILITY FOR LOSS OF OR DAMAGE TO PROPERTY (OTHER THAN THE WORKS, PLANT AND MATERIALS AND EQUIPMENT) AND LIABILITY FOR BODILY INJURY TO OR DEATH OF A PERSON (NOT AN EMPLOYEE OF THE ) ARISING FROM OR IN CONNECTION WITH THE S OBLIGATION TO PROVIDE THE WORKS LIABILITY FOR DEATH OF OR BODILY INJURY TO EMPLOYEES OF THE ARISING OUT OF AND IN THE COURSE OF THEIR EMPLOYMENT IN CONNECTION WITH THIS CONTRACT. FOR A SUM SUFFICIENT TO PROVIDE FOR THEIR REPLACEMENT AT THE SITE. FOR A SUM SUFFICIENT TO PROVIDE FOR THEIR REPLACEMENT AT THE SITE. WHATEVER THE DEEMS NECESSARY IN ADDITION TO THAT PROVIDED BY THE EMPLOYER. THE AMOUNT REQUIRED BY THE APPLICABLE LAW AND THE AMOUNT STATED IN THE CONTRACT DATA FOR ANY ONE EVENT. Insurance Policies The Contractor submits policies and certificates for the insurance which he is to provide to the Project Manager for acceptance before the starting date and afterwards as the Project Manager A reason for not accepting the policies and certificates is that they do not comply with this contract. Insurance policies include a waiver by the insurers of their subrogation rights against directors and other employees of every insurers of their subrogation rights against directors and other employees of every insured excepts where there is fraud. The Parties comply with the terms and conditions of the insurance policies. Any amount not recovered from an insurer is borne by the Employer for events which are at his risk and by the Contractor for events which are at his risk. If the Contractor does not insure

6 The Employer may insure a risk which this contract requires the Contractor to insure if the Contractor does not submit a required policy or certificate. The cost of this insurance to the Employer is paid by the Contractor.