You should keep a written record (including copies of letters) of any information You give Us or Your insurance adviser when You renew this policy.

Transcription

1 The Cotract of Isurace Your policy wordig, the iformatio You have provided ad/or the applicatio form, the statemet of fact, the policy Schedule, or otice issued by Us at reewal ad ay edorsemet together form the cotract of isurace betwee Us ad You, ad must be read together. I retur for You havig paid or agreed to pay the premium, We will provide the cover set out i this policy, to the extet of ad subject to the terms cotaied i or edorsed o this policy. Importat This policy is a legal cotract. You must tell Us about ay material circumstaces which affect Your isurace ad which have occurred either sice the policy started or sice the last reewal date. A circumstace is material if it would ifluece Our judgemet i determiig whether to provide the cover ad, if so, o what terms. If You are ot sure whether a circumstace is material ask Your isurace adviser. If You fail to tell Us it could affect the extet of cover provided uder the policy. You should keep a writte record (icludig copies of letters) of ay iformatio You give Us or Your isurace adviser whe You reew this policy. Breach of Term We agree that where there has bee a breach of ay term (express or implied) which would otherwise result i Us automatically beig discharged from ay liability, the such a breach shall result i ay liability We might have uder this policy beig suspeded. Such a suspesio will apply oly from the date ad time at which the breach occurred ad up util the date ad time at which the breach is remedied. This meas that We will have o liability i respect of ay loss occurrig, or attributable to somethig happeig, durig the period of suspesio. Terms ot relevat to the actual loss Where there has bee o-compliace with ay term (express or implied) of this policy, other tha a term that defies the risk as a whole, ad compliace with such term would ted to reduce the risk of: loss of a particular kid, ad/or loss at a particular locatio, ad/or loss at a particular time, the We agree that We may ot rely o the o-compliace to exclude, limit or discharge Our liability uder this policy if You show that o-compliace with the term could ot have icreased the risk of the loss which actually occurred i the circumstaces i which it occurred. Maurice Tulloch Chief Executive Officer, UK & Irelad Geeral Isurace Aviva Isurace Limited. Registered i Scotlad, No Registered Office: Pitheavlis, Perth PH2 0NH. Authorised by the Prudetial Regulatio Authority ad regulated by the Fiacial Coduct Authority ad the Prudetial Regulatio Authority. Marie Policy 7183 Versio 14 BCIMM9356 (V35)

2 Itroductio Welcome to Aviva. We are committed to providig a first-class service. Aviva is the UK s largest isurer with over 200 years experiece i the isurace idustry. This is Your isurace policy which sets out Your isurace protectio i detail. Your premium has bee calculated o the basis of the extet of cover You have selected which is specified i the schedule, the iformatio You have provided ad the declaratio You have made. Please read the policy ad the schedule carefully to esure that the cover meets Your requiremets. Please cotact Your isurace adviser if You have ay questios or if You wish to make adjustmets. Cotets This policy cosists of idividual sectios. You should read this policy i cojuctio with the schedule which cofirms the sectios You are isured uder ad gives precise details of the extet of Your isurace protectio. Cotact details for claims ad help Services As a Aviva customer, You ca access additioal services to help You keep Your busiess ruig smoothly. For Our joit protectio telephoe calls may be recorded ad/or moitored. Claims Service Our claims lie provides You with assistace wheever it is required. Whe We kow about Your problem, We will start to put the solutios i place. If You are uhappy regardig the hadlig of a claim, We would ecourage You to seek resolutio by cotactig: Marie Claims Maager Tel: Aviva Fax: th Floor cargo-claims@aviva.co.uk The Observatory Chapel Walks Machester M2 1HL Legal ad Tax Helplie Call this helplie aytime, day or ight, for advice o legal or tax matters i the Uited Kigdom. Give i cofidece, the advice is free ad You pay for just the cost of the call. Commercial Legal Protectio If You have Commercial Legal Protectio cover, please call the helplie for legal advice as soo as You are aware of a icidet. Please have Your policy umber to had. If You thik You may eed to claim, please call the helplie to request a claim form. We ca oly proceed with Your claim whe We have details of the icidet i writig. A claim form is available to dowload at Risk Solutios Helplie Call for advice o safety, fire, security ad other issues that ca affect your busiess. Most equiries ca be dealt with over the telephoe, but if we ca t give you a immediate aswer, we will deal with your equiry withi oe workig day. This service is available durig office hours with a aswerig service outside these times. Marie Policy 7183 Versio 14 BCIMM9356 (V35)

3 Website This is Aviva s free website offerig may tools ad resources to help You maage Your busiess effectively. You ll get access to free busiess advice i accoutig, HR, sales ad marketig, fiace, techology, law ad risk maagemet over 700 legal ad busiess guides easy to use templates to build legal documets icludig employee cotracts, health ad safety policies, dismissal letters alerts o chages i law, legislatio ad regulatio. To register, please visit ad follow the prompts. Complaits Procedure Our Promise of Service Our goal is to give excellet service to all Our customers but We recogise that thigs do go wrog occasioally. We take all complaits We receive seriously ad aim to resolve all Our customers problems promptly. To esure that We provide the kid of service You expect We welcome Your feedback. We will record ad aalyse Your commets to make sure We cotiually improve the service We offer. What will happe if you complai We will ackowledge Your complait promptly. We aim to resolve all complaits as quickly as possible. Most of Our customers cocers ca be resolved quickly but occasioally more detailed equiries are eeded. If this is likely, We will cotact You with a update withi 10 workig days of receipt ad give You a expected date of respose. What to do if you are uhappy If You are uhappy with ay aspect of the hadlig of Your isurace We would ecourage You to seek resolutio by cotactig: If Your complait is regardig a claim You ca write to Marie Claims Maager, Aviva, 4th Floor, The Observatory, Chapel Walks, Machester, M2 1HL or telephoe , whichever suits You ad ask Your cotact to review the problem. If Your complait is regardig aythig else We would ecourage You, i the first istace, to seek resolutio by cotactig Your isurace adviser or usual Aviva poit of cotact, whichever suits You ad ask Your cotact to review the problem. If You are uhappy with the outcome of Your complait, You may refer the matter to the Fiacial Ombudsma Service at: The Fiacial Ombudsma Service Exchage Tower Lodo E14 9SR Telephoe: (free from ladlies) or Or simply log o to their website at Whilst We are boud by the decisio of the Fiacial Ombudsma Service, You are ot. Followig the complaits procedure does ot affect Your right to take legal actio. Marie Policy 7183 Versio 14 BCIMM9356 (V35)

4 Importat Iformatio Choice of Law I the absece of ay writte agreemet to the cotrary this cotract ad ay arbitratio shall be subject to ad govered by ad costrued i accordace with Eglish Law ad shall be subject to the exclusive jurisdictio of the Eglish courts. Data Protectio Act Iformatio Uses For the purposes of the Data Protectio Act 1998, the Data Cotroller i relatio to ay persoal data You supply is Aviva Isurace Limited. Isurace Admiistratio Iformatio You supply may be used for the purposes of isurace admiistratio by the isurer, its associated compaies ad agets, by reisurers ad Your itermediary. It may be disclosed to the regulatory bodies for the purposes of moitorig ad/or eforcig the isurer s compliace with ay regulatory rules/codes. Your iformatio may also be used for offerig reewal, research ad statistical purposes ad crime prevetio. It may be trasferred to ay coutry, icludig coutries outside the Europea Ecoomic Area for ay of these purposes ad for systems admiistratio. I assessig ay claims made, the isurer or its agets may udertake checks agaist publicly available iformatio (such as electoral roll, couty court judgemets, bakruptcy or repossessios). Iformatio may also be shared with other isurers either directly or via those actig for the isurer (such as loss adjusters or ivestigators). I the case of persoal data, with limited exceptios, ad o paymet of the appropriate fee, You have the right to access ad if ecessary rectify iformatio held about You. Credit searches ad Accoutig I assessig Your applicatio, the isurer may search files made available to it by credit referece agecies who may keep a record of that search. The isurer may also pass to credit referece agecies iformatio it holds about You ad Your paymets record. Credit referece agecies share iformatio with other orgaisatios, eablig applicatios for fiacial products to be assessed or to assist the tracig of debtors or to prevet fraud. The isurer may ask credit referece agecies to provide a credit scorig computatio. Credit scorig uses a umber of factors to work out risks ivolved i ay applicatio. A score is give to each factor ad a total score obtaied. Where automatic credit scorig computatios are used by the isurer, acceptace or rejectio of Your applicatio will ot deped oly o the results of the credit scorig process. Sesitive Data I order to assess the terms of the isurace cotract or admiister claims which arise, the isurer may eed to collect data which the Data Protectio Act defies as sesitive (such as medical history or crimial covictios). By proceedig with this applicatio You will sigify Your coset to such iformatio beig processed by the isurer or its agets. Marketig Aviva Group ad its agets may Use Your iformatio to keep You iformed by post, telephoe, or other meas about products ad services which may be of iterest to You. Your iformatio may also be disclosed ad used for these purposes after Your policy has lapsed. If You do ot wish Your iformatio to be used for these purposes please write to Aviva, FREEPOST, Mailig Exclusio Team, PO Box 6412, Derby, DE1 1SB. Fiacial Services Compesatio Scheme We are members of the Fiacial Services Compesatio Scheme (FSCS). You may be etitled to compesatio from this scheme if We caot meet Our obligatios, depedig o the type of isurace ad the circumstaces of Your claim. Further iformatio about the scheme is available from the FSCS website or write to: Fiacial Services Compesatio Scheme 10th Floor, Beaufort House 15 St Botolph Street Lodo EC3A 7QU Marie Policy 7183 Versio 14 BCIMM9356 (V35)

5 Use of Laguage Uless otherwise agreed, the cotractual terms ad coditios ad other iformatio relatig to this cotract will be i Eglish. Customers with Disabilities This policy ad associated documetatio are also available i large prit, audio ad Braille. If You require ay of these formats please cotact Your isurace adviser. Telephoe Call Charges ad Recordig Calls to 0800 umbers from UK ladlies ad mobiles are free. The cost of calls to 03 prefixed umbers are charged at atioal call rates (charges may vary depedet o your etwork provider) ad are usually icluded i iclusive miute plas from ladlies ad mobiles. For Our joit protectio telephoe calls may be recorded ad/or moitored. Your Cacellatio Rights There are o statutory cacellatio rights uder this policy. Policy Availability If, at ay stage You would like to receive a ew copy of Your policy booklet, please cotact either Your regular Aviva poit of cotact or Your isurace adviser, at the address show o Your policy schedule. Aviva Marie Policy We, Aviva Isurace Limited, hereby agree, i cosideratio of the paymet to Us by or o behalf of the Assured of the premium specified i the Schedule, to isure agaist loss damage liability or expese i the maer hereiafter provided. Subjectivity Coditio The policy, the applicatio form, statemet of fact ad/or declaratio made by You, ad ay clauses edorsed o the policy ad The Schedule should be read together ad form the cotract of isurace betwee You ad Us. We will clearly state if the cover provided by the policy is subject to You: (a) providig Us with ay additioal iformatio requested by the required date(s) (b) completig ay actios agreed betwee You ad Us by the required date(s) (c) allowig Us to complete ay actios agreed betwee You ad Us. Upo completio of these requiremets (or if they are ot completed by the required dates), We may, at Our optio: (a) modify Your premium (b) issue a mid-term amedmet to Your policy terms ad coditios (c) require You to make alteratios to the risk isured by the required date(s) (d) exercise Our right to cacel Your policy (e) leave the policy terms ad coditios, ad Your premium, ualtered. We will cotact You with Our decisio ad where applicable, specify the date(s) by which ay actio(s) agreed eed to be completed by You ad/or ay decisio by Us will take effect. Our requiremets ad decisios will take effect from the date(s) specified uless ad util We agree otherwise i writig. If You disagree with Our requiremets ad/or decisios, We will cosider Your commets ad where We cosider appropriate, will cotiue to egotiate with You to resolve the matter to Your ad Our satisfactio. I the evet that the matter caot be resolved: (a) You have the right to cacel this policy from a date agreed by You ad Us ad, providig o claims have bee made, We will refud a proportioate part of the premium paid for the uexpired period of cover (b) We may, at Our optio, exercise Our right uder the policy cacellatio coditio. Except where stated all other policy terms ad coditios will cotiue to apply. The above coditios do ot affect Our right to void the policy if We discover iformatio material to Our acceptace of the risk. Please refer to the Importat Note withi the Cotract of Isurace page of Your policy booklet. Marie Policy 7183 Versio 14 BCIMM9356 (V35)

6 Idex Sectio 1 Policy Defiitios Sectio 2 Geeral Coditios Cacellatio Certificates Declaratio No-Adjustable Policies Errors & Omissios No Cotributio Ow Vehicle Coditios Fraud No Disclosure, Misrepresetatio or Misdescriptio Sectio 3 Additioal Cover Geeral Average Labels Pairs ad Sets Trasit Clause Extesio Isurace Premium Tax/Overseas Tax Sectio 4 Special Coditios Deragemet Clause Postal Sedigs Process Secod-had ad/or Used ad/or Damaged ad/or Upacked Goods Cuttig Clause Sectio 5 Istitute ad Joit Committee Clauses ISM Edorsemet JC 98/019 ISM Forwardig Charges Clause Cotracts (Rights of Third Parties) Act 1999 Exclusio Clause () JC 2000/02 Istitute Classificatio Clause CL354 01/01/2001 Istitute Radioactive Cotamiatio Chemical, Biological, Bio-Chemical ad Electromagetic Weapos Exclusio Clause CL370 Termiatio of Trasit Clause (terrorism)jc 2009/056 01/01/2009 Istitute Replacemet Clause CL372 01/12/2008 Istitute Replacemet Clause Proportioal Valuatio CL373 1/12/2008 Istitute Replacemet Clause Obsolete parts Edorsemet JC 2008/023 (as applicable) Accumulatio JC2012/10 Sactios Limitatio Exclusio Clause JC2010/014 Sectio 6 Claims Procedure Marie Policy 7183 Versio 14 BCIMM9356 (V35)

7 Sectio Oe Policy Defiitios Each time We use oe of the words or phrases listed below, it will have the same meaig wherever it appears i Your policy uless We state otherwise. A defied word or phrase will start with a capital letter each time it appears i the policy, except whe used i headigs ad titles. Each Sectio of the policy cotais defiitios which apply to that particular sectio ad they must be read i cojuctio with the followig policy defiitios. Certificate of Isurace The documet produced by Us (or o Our behalf) as evidece of isurace. The Schedule The documet which specifies details of The Policyholder, subject matter isured ad ay excesses, edorsemets ad coditios applyig to the policy. We/Us/Our/Aviva Aviva Isurace Limited. You/Your/The Policyholder The persos, compaies, parterships or uicorporated associatios amed i The Schedule as The Policyholder. Premises Shall mea that portio(s) of a buildig of substatial costructio used by You for the storage of the subject matter but shall ot iclude ay yard, compoud, garde or ope space. Substatial Costructio Shall mea built oly of brick ad/or stoe ad/or cocrete ad/or steel frame ad steel costructio &/or plastic coated metal profile sheet o steel frame above brick with a slate ad/or tiled ad/or metal ad/or asbestos ad/ or cocrete roof. Vehicle Ay oe road vehicle ad shall iclude trailer or trailers or cotaier or cotaiers combied. Cotaier Ay cotaier, tak-taier, demoutable body, flat or similar uit (icludig acillary equipmet whilst attachig to such uit). Uatteded Where either You or ay perso(s) authorised by You have the subject matter isured (or ay Vehicle o which it is loaded) uder costat observatio ad at the same time have a reasoable prospect of prevetig ay uauthorised iterferece with the subject matter isured ad/or Vehicle. Marie Policy 7183 Versio 14 BCIMM9356 (V35)

8 Sectio Two Geeral Coditios The followig coditios apply to Your policy. (1) Cacellatio (arisig from War risks) This isurace may be cacelled at ay time i writig by either You or Us givig (a) 7 days otice i respect of risks covered by the Istitute War Clauses. (b) 7 days (or 48 hours i respect of shipmets to or from the Uited States of America) otice i respect of risks covered by the Istitute Strikes Clauses. (c) 30 days otice i respect of all other risks. Notice shall commece at midight o the day whe it was issued but cacellatio shall ot apply to ay risks which have attached i accordace with the terms of this policy before the cacellatio becomes effective. Cacellatio (a) You may cacel this policy at ay time after the date We have received the premium by providig 30 days otice i writig to Us (b) If there is a default uder Your Aviva credit agreemet which fiaces this policy, We may cacel this policy by providig otice i writig to You i accordace with the default termiatio provisios set out i Your Aviva credit agreemet. If Your policy is cacelled uder (a) or (b) above ad provided that there have bee o: (i) claim(s) made uder the policy for which We have made a paymet (ii) claim(s) made uder the policy which are still uder cosideratio (iii) icidet(s) which You are aware of ad are likely to give rise to a claim which has already bee or is yet to be reported to Us durig the curret Period of Isurace We may, at Our discretio, refud to You a proportioate part of the premium paid for the uexpired period. (c) Where there is o Aviva credit agreemet to fiace this policy, We will cacel this policy from the iceptio date if the premium has ot bee paid ad o retur premium will be allowed. Such cacellatio will be cofirmed i writig by Us to Your last kow address. (d) We may also cacel this policy at ay time by sedig ot less tha 30 days otice i writig to Your last kow address. We will refud a proportioate part of the premium for the uexpired period provided that there have bee o: (i) claim(s) made uder the policy for which We have made a paymet (ii) claim(s) made uder the policy which are still uder cosideratio (iii) icidet(s) which You are aware of ad are likely to give rise to a claim which has already bee or is yet to be reported to Us durig the curret Period of Isurace. (2) Certificates If We provide You with ad/or authorise You to issue certificates it is a coditio that You (a) oly use certificates for shipmets which are covered by this policy. (b) do ot amed the prited policy coditios or exceed the shipmet limit specified i The Schedule without Our prior writte approval. (c) esure each certificate is properly coutersiged by oe of Your authorised represetatives. (d) ever complete a certificate after kow loss or damage without Our prior writte approval. Marie Policy 7183 Versio 14 BCIMM9356 (V35)

9 Certificates ca be produced through Our olie system at please cotact Your broker to arrage access. (3) Declaratio It is a coditio of this cotract that You declare every cosigmet without exceptio to Us as soo as possible i accordace with the basis of valuatio ad the declaratio procedure specified i The Schedule. We will accept up to, but ot exceedig, the sum specified i The Schedule i respect of ay oe vessel, aircraft or coveyace. Where the policy is subject to periodic declaratio, You should carefully record details of the shipmets i the maer agreed ad submit each declaratio to Us as soo as possible after the ed of each declaratio period to eable Us to calculate ay additioal premium due. Declaratios ca be made quickly ad easily olie to Us at usig Our olie system. We may, at ay reasoable time, ispect Your records to check compliace with the procedures set out above. (4) No-Adjustable Policies If Your schedule states that Your policy is No-Adjustable the premium is based o the estimated sedigs that You have supplied to Us. If You exceed these, withi the policy period, uderwriters reserve the right to charge a additioal premium to cover these sedigs. (5) Errors ad Omissios You will ot lose Your right to idemity due to uitetioal error or omissio i declarig cosigmets uder this policy to Us, provided that You advise Us of such errors or omissios as soo as You are aware of them. (6) No Cotributio We will ot pay for ay loss, damage or expese to the subject matter isured which, If this isurace did ot exist, is or would be covered at the time of such loss, damage or expese uder ay other isurace. I such circumstaces We shall oly pay for ay excess beyod the amout that would have bee payable uder the other Isurace if this isurace had ot bee effected. (7) (a) Ow Vehicle Coditios The followig coditios shall apply to ay Vehicle owed by You or uder Your cotrol cotaiig the subject matter isured: (1) It is a coditio of this policy that: (i) the Vehicle is maitaied i a efficiet ad roadworthy coditio (ii) all ropes, sheets, tarpaulis ad the like are maitaied i a efficiet coditio (iii) all protective appliaces ad lockig devices are istalled i accordace with the maufacturers recommedatios, i operatio, properly ad suitably maitaied ad either withdraw or varied without Our coset. (2a) Whe a Vehicle is left loaded ad Uatteded durig the ordiary course of trasit the followig coditios shall also apply (i) the igitio key shall be removed from the Vehicle (ii) all doors, widows ad other opeigs shall be securely closed ad properly fasteed (iii) all protective appliaces, alarms, immobilisers ad lockig devices shall be put ito effect i accordace with the maufacturers istructios (iv) if the Vehicle is fitted with a boot or similar compartmet the subject matter isured must be kept there (v) if the Vehicle is a estate or a hatchback Vehicle the subject matter isured must be kept uder the load cover or parcel shelf or otherwise covered over ad hidde from view (2b) We will ot pay for ay loss of or damage to the subject matter isured caused by theft if the Vehicle is loaded ad Uatteded durig the ordiary course of trasit at the ed of ay ormal workig day or o ay o-workig days uless the Vehicle is Marie Policy 7183 Versio 14 BCIMM9356 (V35)

10 (i) kept i a fully eclosed, securely locked buildig of Substatial Costructio or (ii) i a permaetly atteded Vehicle security park or compoud secured by locked gates or (iii) i a public car park with a authorised attedat o duty at all times (b) Ow Vehicle Overight Co-Isurace Coditios (8) Fraud If You are uable to comply with part (2b) of the Ow Vehicle Coditios the We may elect: (i) to treat You as Your ow isurer for 20% of the total sum isured i respect of the subject matter isured, or (ii) that You shall bear the first 500 of each ad every claim, whichever is the greater. If a claim made by You or ayoe actig o Your behalf is fraudulet or frauduletly exaggerated or supported by a false statemet or fraudulet meas or fraudulet evidece is provided to support the claim, We may: (a) refuse to pay the claim, (b) recover from You ay sums paid by Us to You i respect of the claim, (c) by otice to You cacel the policy with effect from the date of the fraudulet act without ay retur of premium. If We cacel the policy uder (c) above, the We may refuse to provide cover after the time of the fraudulet act. This will ot affect ay liability We may have i respect of the provisio of cover before the time of the fraudulet act. If this policy provides cover to ay perso other tha You ad a claim made by such perso or ayoe actig o their behalf is fraudulet or frauduletly exaggerated or supported by a false statemet or fraudulet meas or fraudulet evidece is provided to support the claim, We may: (a) refuse to pay the claim, (b) recover ay sums paid by Us i respect of the claim (from You or such perso, depedig o who received the sums or who beefited from the cover provided), (c) by otice to You ad such perso cacel the cover provided for such perso with effect from the date of the fraudulet act without ay retur of premium i respect of such cover. If We cacel a perso s cover uder (c) above, the We may refuse to provide cover after the time of the fraudulet act. This will ot affect ay liability We may have uder such cover occurrig before the time of the fraudulet act. Marie Policy 7183 Versio 14 BCIMM9356 (V35)

11 (9) No Disclosure, Misrepresetatio or Misdescriptio 1. Before this policy was etered ito If You have breached Your duty to make a fair presetatio of the risk to Us before this policy was etered ito, the: where the breach was deliberate or reckless, We may avoid this policy ad refuse all claims, ad keep all premiums paid; where the breach was either deliberate or reckless, ad but for the breach: We would ot have agreed to provide cover uder this policy o ay terms, We may avoid this policy ad refuse all claims, but will retur ay premiums paid We would have agreed to provide cover uder this policy but o differet terms (other tha premium terms), We may require that this policy icludes such differet terms with effect from its commecemet, ad/or We would have agreed to provide cover uder this policy but would have charged a higher premium, Our liability for ay loss amout payable shall be limited to the proportio that the premium We charged bears to the higher premium We would have charged, as outlied i Schedule 1 to the Isurace Act Before a variatio was agreed If You have breached Your duty to make a fair presetatio of the risk to Us before ay variatio to this policy was agreed, the: where the breach was deliberate or reckless, We may cacel this policy with effect from the date of the variatio, ad keep all premiums paid; where the breach was either deliberate or reckless, ad but for the breach: We would ot have agreed to the variatio o ay terms, We may treat this policy as though the variatio was ever made, but will retur ay additioal premiums paid We would have agreed to the variatio but o differet terms (other tha premium terms), We may require that the variatio icludes such differet terms with effect from the date it was made, ad/or We would have agreed to the variatio but would have icreased the premium, or would have icreased it by more tha We did, or would ot have reduced it or would have reduced it by less tha We did, Our liability for ay loss amout payable shall be limited o a proportioate basis, as outlied i Schedule 1 to the Isurace Act This coditio operates i additio to ay provisios relatig to uderisurace i this policy. Marie Policy 7183 Versio 14 BCIMM9356 (V35)

12 Sectio Three Additioal Cover This Sectio has bee specially desiged to protect Your busiess iterests ad Your brad ad exteds the policy cover beyod the protectio provided by the Istitute ad Joit Committee Clauses, subject to the terms ad coditios of the policy. All of the followig covers apply to Your policy Geeral Average We will pay geeral average ad salvage charges i full without referece to isured ad cotributory values. Labels I the evet of loss or damage recoverable uder this policy which affects oly the labels, wrappers ad/or capsules of the subject matter isured We will pay oly for the cost of ew labels, wrappers ad/or capsules ad the cost of re-labellig. The maximum amout We will pay uder this cover will ot exceed the sum isured of the subject matter which is beig relabelled/re-wrapped ad/or re-ecapsulated. Pairs ad Sets If the subject matter isured cosists of articles which form a pair or set We will pay oly for the proportioate sum isured of the article lost or damaged, without referece to ay special value the damaged article may have as part of a pair or set. Trasit Clause Extesio The Duratio Trasit Clause of the Istitute Clauses (A) CL382 01/01/2009 is exteded so that this isurace attaches from the time the subject matter isured is first moved i the warehouse or at place of storage (at the place amed i the cotract of isurace) for the purpose of the immediate loadig ito or oto the carryig vehicle or other coveyace for the commecemet of trasit or for the purpose of temporary storage o the carryig vehicle or other coveyace for a period ot exceedig 96 cosecutive hours whe withi Your custody ad cotrol ad cotiues i accordace with this Clause throughout the ordiary course of trasit ad util uloaded at the place where this isurace termiates. Whe the subject matter isured is stored o a Vehicle uder Your custody ad cotrol the terms ad coditios of the Ow Vehicle Coditios must be fully complied with. Isurace Premium Tax/Overseas Tax We will calculate Your isurace premium (or similar) tax liability at the applicable rate o all taxable isurace premium(s) ad You agree to pay to Us all amouts due. Late otificatio by Us of ay tax due as a result of de miimus rules beig exceeded or ay other reaso will ot reduce or egate Your liability to pay the tax. Marie Policy 7183 Versio 14 BCIMM9356 (V35)

13 Sectio Four Special Coditios All of the followig Special Coditios apply to Your policy. Deragemet Clause Excludig electrical, mechaical ad/or electroic deragemet uless caused by a peril isured agaist. Postal Sedigs If the subject matter isured is despatched by postal services ad valued 1,000 or more per package ad/or parcel it must be (1) isured for the miimum amout available with the postal service or (2) despatched via a system which provides evidece of both postig ad delivery Process We will ot pay for ay loss or damage to the subject matter isured, which is due to or directly results from ay process of use, testig or repair. Secod-had ad/or Used ad/or Damaged Ad/or Upacked Goods We will ot pay for ay loss of or damage to: secod-had ad/or used goods which have ot bee fully recoditioed ad/or refurbished damaged goods upacked goods which is attributable to: rust, oxidatio ad/or discoloratio chippig, detig, scratchig, bruisig ad cost of repaitig twistig, bedig ad distortio uless it ca be proved that such loss or damage has occurred as a result of a peril isured agaist durig the isured trasit. Cuttig Clause I the evet of the subject matter isured beig damaged i such a way as to be reasoably usable if cut to a shorter legth or width, uderwriters oly to pay the isured value of the damaged part cut off. Marie Policy 7183 Versio 14 BCIMM9356 (V35)

14 Sectio Five Istitute ad Joit Committee Clauses The followig clauses are stadard marie market wordigs. The Istitute Clauses referred to i the policy, The Schedule ad edorsemets are those curret at the iceptio of this cotract. If these clauses are revised durig the period of the cotract, ad provided We give You at least 30 days otice, the revised Istitute Clauses shall apply to risks which attach o or after the date of expiry of this otice. ISM Edorsemet JC 98/019 Applicable to shipmets o board Ro-Ro passeger ferries. Applicable with effect from 01 July 1998 to shipmets o board (1) passeger vessels trasportig more tha 12 passegers ad (2) oil takers, chemical takers, gas carriers, bulk carriers ad (3) cargo high speed craft of 500 gt or more Applicable with effect from 01 July 2002 to shipmets o board all other cargo ships ad mobile offshore drillig uits of 500gt or more. I o case shall this isurace cover loss, damage or expese where the subject matter isured is carried by a vessel that is ot ISM Code certified or whose owers or operators do ot hold ISM Code Documet of Compliace whe, at the time of loadig of the subject matter isured o board the vessel, You were aware, or i the ordiary course of busiess should have bee aware (a) either that such vessel was ot certified i accordace with the ISM Code or (b) that a curret ISM Code Documet of Compliace was ot held by her owers or operators as required uder the SOLAS Covetio 1974 as ameded. This exclusio shall ot apply where this isurace has bee assiged to the party claimig hereuder who has bought or agreed to buy the subject matter isured i good faith uder a bidig cotract. ISM Forwardig Charges Clause (For use oly with JCC ISM Edorsemet JC 98/019) I cosideratio of a additioal premium to be agreed, this isurace is exteded to reimburse You, up to the limit of the sum isured for the voyage, for ay extra charges properly ad reasoably icurred i uloadig, storig ad forwardig the subject matter to the destiatio to which it is isured hereuder followig release of cargo from a vessel arrested or detaied at or diverted to ay other port or place (other tha the iteded port of destiatio) where the voyage is termiated due to either (a) such vessel ot beig certified i accordace with the ISM Code or (b) a curret ISM Code Documet of Compliace ot beig held by her owers or operators as required uder the SOLAS Covetio 1974 as ameded. This clause, which does ot apply to Geeral Average or Salvage or Salvage Charges, is subject to all other terms coditios ad exclusios cotaied i the policy ad to JCC ISM Edorsemet JC98/019. Cotracts (Rights of Third Parties) Act 1999 Exclusio Clause () JC 2000/02 The Provisios of the Cotracts (Rights of Third Parties) Act 1999 do ot apply to this isurace or to ay certificate(s) of isurace issued hereuder. Neither this isurace or ay certificates issued hereuder cofer ay beefits o ay third parties. No third party may eforce ay term of this isurace or of ay certificate issued hereuder. This clause shall ot affect the rights of the assured (as assigee or otherwise) or the rights of ay loss payee. Marie Policy 7183 Versio 14 BCIMM9356 (V35)

15 Istitute Classificatio Clause CL354 01/01/2001 Qualifyig Vessels (1) This isurace ad the marie trasit rates as agreed i the policy or ope cover apply oly to cargoes ad/or iterests carried by mechaically self-propelled vessels of steel costructio classed with a Classificatio Society which is 1.1 a Member or Associate Member of the Iteratioal Associatio of Classificatio Societies (IACS)* or 1.2 a Natioal Flag Society as defied i Clause 4 below, but oly where the vessel is egaged exclusively i the coastal tradig of that atio (icludig tradig o a iter-islad route withi a archipelago of which that atio forms part). es ad/or iterests carried by vessels ot classed as above must be otified promptly to uderwriters for rates ad coditios to be agreed. Should a loss occur prior to such agreemet beig obtaied cover may be provided but oly if cover would have bee available at a reasoable commercial market rate o reasoable commercial market terms. Age Limitatio (2) es ad/or iterests carried by Qualifyig Vessels (as defied above) which exceed the followig age limits will be isured o the policy or ope cover coditios subject to a additioal premium to be agreed. Bulk or combiatio carriers over 10 years of age or other vessels over 15 years of age uless they 2.1 have bee used for the carriage of geeral cargo o a established ad regular patter of tradig betwee a rage of specified ports, ad do ot exceed 25 years of age or 2.2 were costructed as cotaierships, vehicle carriers or double-ski ope-hatch gatry crae vessels (OHGCs) ad have bee cotiuously used as such o a established ad regular patter of tradig betwee a rage of specified ports, ad do ot exceed 30 years of age. Craft Clause (3) The requiremets of this Clause do ot apply to ay craft used to load or uload the vessel withi the port area Natioal Flag Society (4) A Natioal Flag Society is a Classificatio Society which is domiciled i the same coutry as the ower of the vessel i questio which must also operate uder the flag of that coutry. Prompt Notice (5) Where this isurace requires You to give prompt otice to Us, the right to cover is depedet upo compliace with that obligatio. Law ad Practice (6) This isurace is subject to Eglish Law ad practice. * For a curret list of IACS Members ad Associate Members please refer to the IACS website Marie Policy 7183 Versio 14 BCIMM9356 (V35)

16 Istitute Radioactive Cotamiatio Chemical, Biological, Bio-Chemical ad Electromagetic Weapos Exclusio Clause CL370 This clause shall be paramout ad shall override aythig cotaied i this isurace icosistet therewith (1) I o case shall this isurace cover loss damage liability or expese directly or idirectly caused by or cotributed to by or arisig from 1.1 ioisig radiatios from or cotamiatio by radioactivity from ay uclear fuel or from ay uclear waste or from the combustio of uclear fuel 1.2 the radioactive, toxic, explosive or other hazardous or cotamiatig properties of ay uclear istallatio, reactor or other uclear assembly or uclear compoet thereof 1.3 ay weapo or device employig atomic or uclear fissio ad/or fusio or other like reactio or radioactive force or matter 1.4 the radioactive, toxic, explosive or other hazardous or cotamiatig properties of ay radioactive matter. The exclusio i this sub-clause does ot exted to radioactive isotopes, other tha uclear fuel, whe such isotopes are beig prepared, carried, stored, or used for commercial, agricultural, medical, scietific or other similar peaceful purposes 1.5 ay chemical, biological, bio-chemical, or electromagetic weapo. Termiatio of Trasit Clause (Terrorism) JC 2009/056 01/01/2009 This clause shall be paramout ad shall override aythig cotaied i this isurace icosistet therewith. (1) Notwithstadig ay provisio to the cotrary cotaied i the cotract of Isurace or the Clauses referred to therei, it is agreed that i so far as this policy covers loss of or damage to the subject-matter isured caused by ay act of terrorism beig a act of ay perso actig o behalf of, or i coectio with, ay orgaisatio which carries out activities directed towards the overthrowig or ifluecig, by force or violece, of ay govermet whether or ot legally costituted or ay perso actig from a political, ideological or religious motive, such cover is coditioal upo the subject-matter isured beig i the ordiary course of trasit ad, i ay evet, SHALL TERMINATE: either 1.1 as per the trasit clauses cotaied withi the policy, or 1.2 o completio of uloadig from the carryig vehicle or other coveyace i or at the fial warehouse or place of storage at the destiatio amed i the cotract of isurace, or 1.3 o completio of uloadig from the carryig vehicle or other coveyace i or at ay other warehouse or place of storage, whether prior to or at the destiatio amed i the cotract of isurace, which You or Your employees elect to use either for storage other tha i the ordiary course of trasit or for allocatio or distributio, or 1.4 whe You or Your employees elect to use ay carryig vehicle or other coveyace or ay Cotaier for storage other tha i the ordiary course of trasit, or 1.5 i respect of marie trasits, o the expiry of 60 days after completio of discharge over side of the subject matter isured from the oversea vessel at the fial port of discharge, or 1.6 i respect of air trasits, o the expiry of 30 days after uloadig the subject-matter isured from the aircraft at the fial place of discharge, whichever shall occur first. Marie Policy 7183 Versio 14 BCIMM9356 (V35)

17 (2) If the cotract of isurace or the Clauses referred to therei specifically provide cover for ilad or other further trasits followig o from storage, or termiatio as provided for above, cover will re-attach, ad cotiues durig the ordiary course of that trasit termiatig agai i accordace with clause 1. Istitute Replacemet Clause CL372 01/12/2008 i respect of New Goods oly I the evet of loss of or damage to ay part(s) of a isured machie or other maufactured item cosistig of more tha oe part caused by a peril covered by this isurace, the sum recoverable shall ot exceed the cost of replacemet or repair of such part(s) plus labour for (re)fittig ad carriage costs. Duty icurred i the provisio of replacemet or repaired part(s) shall also be recoverable provided that the full duty payable o the isured machie or maufactured item is icluded i the amout isured. Our total liability shall i o evet exceed the amout isured of the machie or maufactured item. Istitute Replacemet Clause Proportioal Valuatio CL373 01/12/2008 i respect of Secodhad &/or Used Goods oly I the evet of loss of or damage to ay part(s) of a isured machie or other maufactured item cosistig of more tha oe part caused by a peril covered by this isurace, the sum recoverable shall ot exceed such proportio of the cost of replacemet or repair of such part(s) as the amout bears to the ew cost of the machie or maufactured item, plus labour for (re)fittig ad carriage costs. Duty icurred i the provisio of replacemet or repaired part(s) shall also be recoverable provided that the full duty payable o the isured machie or maufactured item is icluded i the amout isured. Our total liability shall i o evet exceed the amout isured of the machie or maufactured item. Istitute Replacemet Clause Obsolete Parts Edorsemet JC2008/023) (as applicable) (for use oly with the Istitute Replacemet Clause CL372 01/12/2008 or Istitute Replacemet Clause Proportioal Valuatio CL373 01/12/2008) I the evet of a claim recoverable uder this policy ecessitatig the maufacture of ay ew part(s) for the repair of a isured machie or other maufactured item, the sum recoverable shall ot exceed the maufacturer s last list price for the year of maufacture of the lost or damaged part(s), uplifted for iflatio. Iflatio shall be determied by referece to the Retail Price Idex, or other officially published data of the coutry of maufacture of the isured machie or maufactured item, up to a maximum total uplift of 25%. If o such maufacturer s list price is available, the total liability shall i o evet exceed the amout isured of the machie or maufactured item. Accumulatio Clause JC2012/010 Should there be a accumulatio of the subject matter isured whilst i trasit beyod the coveyace limits expressed i this isurace by reaso of ay iterruptio of the trasit beyod the cotrol of the isured ad/or by reaso of ay casualty ad/or at a trashippig poit ad/or o a coectig vessel or coveyace it is agreed that this isurace shall attach for the full amout at risk subject to isurers liability beig limited to a maximum of 200% of the relevat coveyace limit provided otice is give to isurers as soo as practicable by the isured of such accumulatio. Sactio Limitatio ad Exclusio Clause JC2010/014 No (re)isurer shall be deemed to provide cover ad o (re)isurer shall be liable to pay ay claim or provide ay beefit hereuder to the extet that the provisio of such cover, paymet of such claim or provisio of such beefit would expose that (re)isurer to ay sactio, prohibitio or restrictio uder Uited Natios resolutios or the trade or ecoomic sactios, laws or regulatios of the Europea Uio, Uited Kigdom or Uited States of America. Marie Policy 7183 Versio 14 BCIMM9356 (V35)

18 Sectio Six Claims Procedure I the evet of ay loss or damage for which We may be liable it is essetial that You ad/or Your aget follow the followig procedures. (1) Do ot give a clea receipt where goods are i a doubtful coditio (except uder writte protest) You must ote o the delivery receipt ay discrepacies such as shortage, o-delivery, leakage, ad damage icludig that which may oly be superficial damage to the outer packagig such as detig, scuffig, staiig etc. (2) Report potetial claims immediately to Us This must be doe by telephoe, or facsimile (fax) to the local office oted as follows: Marie Claims Maager Tel: Aviva Fax: th Floor cargo-claims@aviva.co.uk The Observatory Chapel Walks Machester M2 1HL or Claims Settlig aget show o the policy or Certificate of Isurace. This otice must iclude (a) the locatio of the cosigmet (b) cotact ames ad umbers (c) a brief descriptio of the extet of loss ad/or damage A decisio will the be made whether to appoit a surveyor or ivestigator. Advice will be give regardig what actio should be take ext to pursue the claim. (3) Immediate otificatio must be give to carriers ad bailees by telephoe or fax This will allow them the opportuity to ispect the damage or commece tracer actio for missig or short delivered goods. I the evet of o-delivery otice must be give as soo as it becomes apparet that the goods have ot bee received whe expected. (4) Write to carriers ad other bailees withi 3 Days of delivery holdig them resposible for the loss ad/or damage The time limits for providig otice of claim vary betwee the differet Coditios of Carriage or Bailmet but timescales are geerally very short ad failure to provide otificatio of claim withi these timescales will eable carriers ad bailees to repudiate valid claims. It is Your duty ad Your agets to take steps to protect ad preserve the rights ad remedies available to Us. These are the rights uder subrogatio which eable isurers to stad i place of the isured oce the isurace claim has bee paid ad recover from the parties resposible for the loss a amout up to but ot exceedig the amout of the claim settlemet (5) Formal claim agaist Carriers ad Bailees Whe the extet of the loss ad/or damage has bee quatified a costed claim must be submitted to the resposible party together with supportig documetatio. If there are likely to be delays i quatifyig the claim, estimates must be submitted withi a reasoable time ad a ackowledgemet of receipt sought. Note As with iitial otificatio of claim the formal claim must be submitted to carriers ad/or bailees withi the timescales laid dow i the Coditios of Carriage or Bailmet (usually 9 ad 12 moths) i order to prevet valid claims beig declied. Marie Policy 7183 Versio 14 BCIMM9356 (V35)

19 (6) O Accout Paymets Where a claim caot be quatified withi 30 workig days of Our admissio of liability ad such claim is aticipated by Us to be i excess of 10,000, We will arrage to make a iterim claims paymet to You of 50% of the agreed aticipated et claim. Provided that i the evet that such iterim paymet exceeds the fial agreed claim settlemet figure, You shall reimburse Us with the differece withi 30 days of the date that the fial claims settlemet figure is agreed. (7) Fast Track Claims Service If Your claim is for 3,000 or less, We ca speed it through our system. All You eed to do is make sure that You complete the relevat claim form ad iclude all the ecessary supportig documets. (8) Notify to the police As soo as reasoably possible, ay loss or damage caused by theft or malicious damage must be otified to the police ad a crime umber obtaied. (9) Documets required to evidece the claim (a) origial Certificate of Isurace or policy or policy ad Declaratio referece (as applicable) (b) origial sales or commercial ivoices (c) origial trasit ad cosigmet documets eg. Shipped Bill of Ladig, Carrier Air Waybill, House Air Waybill, CMR Note, Certificate of Shipmet, Rail Cosigmet Note ad/or other cotracts of carriage (d) Packig Lists (to idetify the goods actually packed i each carto, case, etc.) (e) Receipts issued durig trasit ad at delivery Ladig (or Short ladig) Accouts, Weight Notes, Delivery Receipts ad similar documets (f) Survey report (if issued) (g) Repair ad/or replacemet estimates (h) Other documetary evidece (i) Statemet of claim (j) Details of the loss ad/or damage icludig a calculatio or estimate of the claim amout. (k) copies of all correspodece exchaged with the carriers, bailees, suppliers ad other parties regardig their liability for the loss ad/or damage. Marie Policy 7183 Versio 14 BCIMM9356 (V35)

20 BCIMM9356 (V35)