SPECIAL MARINE POLICY

Transcription

1 ProSight Specialty Insurance 59 Maiden Lane, Suite 2700 New York, NY Original SPECIAL MARINE POLICY $... No... MM This is to certify, that on... 08/28/2016 PROSIGHT SPECIALTY INSURANCE as attorney-in-fact for NEW YORK MARINE AND GENERAL INSURANCE COMPANY (Hereafter referred to as Underwriters ) Insured, under and subject to conditions of Open Policy No.... AR2015FFP00061 Made for... SIMPLY SHE and special conditions of the Policy below Seven Thousand Four Hundred Forty Six and 28/100 Dollars On... New Pet Supplies / PET CLOTHES Reference... DFS Under Deck Valued at... Shipped on Board... EVER LIVELY E EGLV1Bill of Lading# DFS Sailing or B/L Date... 08/28/2016 At and from... China / RUSHAN / SHANDONG via U.S.A. / LOS ANGELES / CA To... U.S.A. / POMONA / CA Consignee:... SIMPLYSHE 2849 FICUS STREET POMONA, CA It is understood and agreed that in case of the loss the same is payable to Assured or Order. PERILS: Touching the adventures and perils which this company is contented to bear, and take upon itself, they are of the seas, fires, assailing thieves, jettisons barratry of the Master and Mariners, and all other like perils, losses and misfortunes that have or shall come to the hurt, detriment or damage of the said goods and merchandise, or any part thereof, except as may be otherwise provided for herein or endorsed hereon. AVERAGE TERMS AND CONDITIONS: ON Deck and Subject to an On Deck Bill of Lading (which must be so declared by the Assured): Free of Particular Average unless caused by the vessel being stranded, sunk, burnt, on fire or in collision, but including jettison and/or washing overboard irrespective of percentage. Except while subject to terms of an On Deck: Bill of Lading: Insured "All Risk" SIMPLYSHE INC. VENDOR STOCK# MADE IN CHINA N/A Not valid unless countersigned by an authorized representative of the Assured or ProSight Specialty Insurance. Countersigned by... The Clauses on the Reverse Side of this Policy are made a part of this Policy.... ProSight Specialty Insurance Attorney-in-fact for Underwriters Designated THIS POLICY ISSUED IN DUPLICATE ONE BEING ACCOMPLISHED THE OTHER TO STAND VOID ARM Acct #: DIMLAX

2 The following Warranties shall be paramount and shall not be modified or superseded by any other provision included herein or stamped or endorsed hereon unless such other provision refers specifically to the risks excluded by these warranties and expressly assumes the said risks: - Notwithstanding anything herein contained to the contrary, this insurance is warranted free from capture, seizure, arrest, restraint, detainment, confiscation, preemption, requisition or nationalization, and the consequences thereof or any attempt thereat whether in time of peace or war, from all loss, damage or expense caused by any weapon of war employing atomic or nuclear fission and/or fusion or other reaction or radioactive force or matter or by any mine or torpedo, also warranted free from all consequences of hostilities or warlike operations (whether there by a declaration of war or not), but this warranty shall not exclude collision or contact with aircraft, rockets or similar missiles or with any fixed or floating object (other than a mine or torpedo), stranding, heavy weather, fire or explosion unless caused directly (and independently of the nature of the voyage or service which the vessel concerned or, in the case of a collision, any other vessel involved therein, is performing) by a hostile act by or against a belligerent power, and for the purposes of this warranty power included any authority maintaining navel, military or air forces in association with a power. Further warranted free from the consequences of civil war, revolution, rebellion, insurrection, or civil strife arising therefrom, or piracy. Warranted free of loss or damage caused by or resulting from strikes, lockouts, labor disturbances, riots, civil commotions or the acts of any person or persons taking part in any such occurrence or disorder. The following clauses are made a part of this policy. Warranted by the Assured that the interest insured under this certificate shall be loaded under deck (i.e. below main deck) unless otherwise specifically agreed in writing hereon. Unless otherwise provided herein, underwriters shall not be liable for leakage of molasses or other liquids, or for breakage of merchandise (neither of which shall be treated as particular average within the meaning of any franchise in this Policy or any rider thereon) unless occasioned by stranding or collision with another vessel. Warranted by the Assured free from damage or injury from dampness, change of flavor, or decay or from being spotted, discolored, musty or moldy, unless caused by actual contact of sea water with the articles damaged, occasioned by sea perils. Warranted free of claim for loss, damage or expense in consequence of any prohibition, restriction or embargo of or by any Government or of any violation or attempted violation thereof. This insurance attaches from the time the goods leave the Warehouse and/or Store at the place named in the policy for the commencement of the transit and continues during the ordinary course of transit; including customary transshipment, if any, until the goods are discharged overside from the overseas vessel at the final port. Thereafter the insurance continues whilst the goods are in transit and/or awaiting transit until delivered to final warehouse at the destination named in the policy or until the expiry of 30 days (or 60 days if the destination to which the goods are insured is outside the limits of the port), whichever shall first occur. The time limits referred to above to be reckoned from midnight of the day on which the discharge overside of the goods hereby insured from the overseas vessel is completed. Held covered at a premium to be arranged in the event of transshipment, if any, other than as above and/or in the event of delay in excess of the above time limits arising from circumstances beyond the control of the Assured. NOTE: IT IS NECESSARY FOR THE ASSURED TO GIVE PROMPT NOTICE TO UNDERWRITERS WHEN HE BECOMES AWARE OF AN EVENT FOR WHICH HE IS HELD COVERED UNDER THIS POLICY AND THE RIGHT TO SUCH COVER IS DEPENDENT ON COMPLIANCE WITH THIS OBLIGATION. In case of any loss or misfortune, it shall be lawful and necessary to and for the Assured, his or their factors, servants and assigns, to sue, labor and travel for, in and about the defense, safe-guard and recovery of the said goods and merchandise, or any part thereof, without prejudice to this insurance; nor shall the acts of the Assured or Assurers, in recovering, saving and preserving the property insured, in case of disaster, be considered a waiver or an acceptance of an abandonment; to the charges whereof, the said company will contribute according to the rate and quantity of the sum hereby insured. Where goods are shipped under a bill of lading containing the so-called Both-to-Blame Collision Clause underwriters agree as to all losses covered by this insurance, to indemnify the Assured for any amount (up to the amount insured) which the Assured may be legally bound to pay to the shipowners under such clause. In the event such liability is asserted the Assured agrees to notify underwriters who shall have the right, at its own cost and expense, to defend the Assured against such claims. This insurance is subject to the following current American Institute Clauses: Amended F.C. & S. Warranty Marine Extension Clauses S.R. & C.C. Endorsement War Risk Insurance Craft, etc. Bill of Lading, etc. Deviation General Average and when goods so destined, to the following 60 days South American Clause USED MERCHANDISE is insured: Excluding mechanical and electrical or electronic derangement, wear, tear, gradual deterioration, climatic or atmospheric conditions,extremes of temperature, breakage, scratching, denting, chipping, staining, rust,oxidation, discoloration or cost of repainting. IT IS A CONDITION OF THIS INSURANCE that any loss of or damage to the interest hereby insured must be promptly reported to the representative of the American Institute of Marine Underwriters (or to Lloyd's Agent if nearer to such port or place) and his approval obtained on all proofs of loss and bills of expense. CLAIMS MAY BE ADJUSTED according to the usages of Lloyd's London, but subject to the condition of the Policy and Contract of Insurance. IT IS A CONDITION OF THIS INSURANCE that no suit or action for the recovery of any claim arising under this Policy shall be maintainable in any Court, unless such suit or action shall have been commenced within two years from the date of the happening of the loss out of which the said claim arose; provided, however, that if, by the laws of the State within which this Policy is issued, such limitation is invalid, then any such claim shall be void unless action is commenced within the shortest limit of time permitted by the law of such State of be fixed herein. IMPORTANT NOTICE Any apparent loss or damage or irregularity of a shipment should be noted on receipt given the carrier, and preliminary claim should be filed with them in writing immediately. When survey is held to ascertain loss or damage the carrier should be given the opportunity of being represented and claim for the actual loss must be filed against the carrier in writing. Copies of notation on receipts and correspondence in connection with claim against carrier must form part of proof of loss under this policy. REPORT ALL CLAIMS TO: Avalon Risk SU Management SURVEYOR: Avalon Risk Management Insurance Agency LLC Attn: Transportation Claims 150 Northwest Point Boulevard,2nd Floor Elk Grove Village, IL Phone: (847) Northwest Point Blvd Elk Grove Village, IL SETTLING AGENTS (847) NOTICE TO THESE ASSURERS in accordance with provisions of this policy may be given to the nearest Settling Agent designated below or to ProSight Specialty Insurance, 59 Maiden Lane, Suite 2700, N.Y., N.Y , U.S.A. If there is no agent of this company in the vicinity, apply for survey of loss, or damage to the nearest correspondent of the American Institute of Marine Underwriters or Lloyd s Agent.

3 ProSight Specialty Insurance 59 Maiden Lane, Suite 2700 New York, NY Duplicate SPECIAL MARINE POLICY $... No... MM This is to certify, that on... 08/28/2016 PROSIGHT SPECIALTY INSURANCE as attorney-in-fact for NEW YORK MARINE AND GENERAL INSURANCE COMPANY (Hereafter referred to as Underwriters ) Insured, under and subject to conditions of Open Policy No.... AR2015FFP00061 Made for... SIMPLY SHE and special conditions of the Policy below Seven Thousand Four Hundred Forty Six and 28/100 Dollars On... New Pet Supplies / PET CLOTHES Reference... DFS Under Deck Valued at... Shipped on Board... EVER LIVELY E EGLV1Bill of Lading# DFS Sailing or B/L Date... 08/28/2016 At and from... China / RUSHAN / SHANDONG via U.S.A. / LOS ANGELES / CA To... U.S.A. / POMONA / CA Consignee:... SIMPLYSHE 2849 FICUS STREET POMONA, CA It is understood and agreed that in case of the loss the same is payable to Assured or Order. PERILS: Touching the adventures and perils which this company is contented to bear, and take upon itself, they are of the seas, fires, assailing thieves, jettisons barratry of the Master and Mariners, and all other like perils, losses and misfortunes that have or shall come to the hurt, detriment or damage of the said goods and merchandise, or any part thereof, except as may be otherwise provided for herein or endorsed hereon. AVERAGE TERMS AND CONDITIONS: ON Deck and Subject to an On Deck Bill of Lading (which must be so declared by the Assured): Free of Particular Average unless caused by the vessel being stranded, sunk, burnt, on fire or in collision, but including jettison and/or washing overboard irrespective of percentage. Except while subject to terms of an On Deck: Bill of Lading: Insured "All Risk" SIMPLYSHE INC. VENDOR STOCK# MADE IN CHINA N/A Not valid unless countersigned by an authorized representative of the Assured or ProSight Specialty Insurance. Countersigned by... The Clauses on the Reverse Side of this Policy are made a part of this Policy.... ProSight Specialty Insurance Attorney-in-fact for Underwriters Designated THIS POLICY ISSUED IN DUPLICATE ONE BEING ACCOMPLISHED THE OTHER TO STAND VOID ARM Acct #: DIMLAX

4 The following Warranties shall be paramount and shall not be modified or superseded by any other provision included herein or stamped or endorsed hereon unless such other provision refers specifically to the risks excluded by these warranties and expressly assumes the said risks: - Notwithstanding anything herein contained to the contrary, this insurance is warranted free from capture, seizure, arrest, restraint, detainment, confiscation, preemption, requisition or nationalization, and the consequences thereof or any attempt thereat whether in time of peace or war, from all loss, damage or expense caused by any weapon of war employing atomic or nuclear fission and/or fusion or other reaction or radioactive force or matter or by any mine or torpedo, also warranted free from all consequences of hostilities or warlike operations (whether there by a declaration of war or not), but this warranty shall not exclude collision or contact with aircraft, rockets or similar missiles or with any fixed or floating object (other than a mine or torpedo), stranding, heavy weather, fire or explosion unless caused directly (and independently of the nature of the voyage or service which the vessel concerned or, in the case of a collision, any other vessel involved therein, is performing) by a hostile act by or against a belligerent power, and for the purposes of this warranty power included any authority maintaining navel, military or air forces in association with a power. Further warranted free from the consequences of civil war, revolution, rebellion, insurrection, or civil strife arising therefrom, or piracy. Warranted free of loss or damage caused by or resulting from strikes, lockouts, labor disturbances, riots, civil commotions or the acts of any person or persons taking part in any such occurrence or disorder. The following clauses are made a part of this policy. Warranted by the Assured that the interest insured under this certificate shall be loaded under deck (i.e. below main deck) unless otherwise specifically agreed in writing hereon. Unless otherwise provided herein, underwriters shall not be liable for leakage of molasses or other liquids, or for breakage of merchandise (neither of which shall be treated as particular average within the meaning of any franchise in this Policy or any rider thereon) unless occasioned by stranding or collision with another vessel. Warranted by the Assured free from damage or injury from dampness, change of flavor, or decay or from being spotted, discolored, musty or moldy, unless caused by actual contact of sea water with the articles damaged, occasioned by sea perils. Warranted free of claim for loss, damage or expense in consequence of any prohibition, restriction or embargo of or by any Government or of any violation or attempted violation thereof. This insurance attaches from the time the goods leave the Warehouse and/or Store at the place named in the policy for the commencement of the transit and continues during the ordinary course of transit; including customary transshipment, if any, until the goods are discharged overside from the overseas vessel at the final port. Thereafter the insurance continues whilst the goods are in transit and/or awaiting transit until delivered to final warehouse at the destination named in the policy or until the expiry of 30 days (or 60 days if the destination to which the goods are insured is outside the limits of the port), whichever shall first occur. The time limits referred to above to be reckoned from midnight of the day on which the discharge overside of the goods hereby insured from the overseas vessel is completed. Held covered at a premium to be arranged in the event of transshipment, if any, other than as above and/or in the event of delay in excess of the above time limits arising from circumstances beyond the control of the Assured. NOTE: IT IS NECESSARY FOR THE ASSURED TO GIVE PROMPT NOTICE TO UNDERWRITERS WHEN HE BECOMES AWARE OF AN EVENT FOR WHICH HE IS HELD COVERED UNDER THIS POLICY AND THE RIGHT TO SUCH COVER IS DEPENDENT ON COMPLIANCE WITH THIS OBLIGATION. In case of any loss or misfortune, it shall be lawful and necessary to and for the Assured, his or their factors, servants and assigns, to sue, labor and travel for, in and about the defense, safe-guard and recovery of the said goods and merchandise, or any part thereof, without prejudice to this insurance; nor shall the acts of the Assured or Assurers, in recovering, saving and preserving the property insured, in case of disaster, be considered a waiver or an acceptance of an abandonment; to the charges whereof, the said company will contribute according to the rate and quantity of the sum hereby insured. Where goods are shipped under a bill of lading containing the so-called Both-to-Blame Collision Clause underwriters agree as to all losses covered by this insurance, to indemnify the Assured for any amount (up to the amount insured) which the Assured may be legally bound to pay to the shipowners under such clause. In the event such liability is asserted the Assured agrees to notify underwriters who shall have the right, at its own cost and expense, to defend the Assured against such claims. This insurance is subject to the following current American Institute Clauses: Amended F.C. & S. Warranty Marine Extension Clauses S.R. & C.C. Endorsement War Risk Insurance Craft, etc. Bill of Lading, etc. Deviation General Average and when goods so destined, to the following 60 days South American Clause USED MERCHANDISE is insured: Excluding mechanical and electrical or electronic derangement, wear, tear, gradual deterioration, climatic or atmospheric conditions,extremes of temperature, breakage, scratching, denting, chipping, staining, rust,oxidation, discoloration or cost of repainting. IT IS A CONDITION OF THIS INSURANCE that any loss of or damage to the interest hereby insured must be promptly reported to the representative of the American Institute of Marine Underwriters (or to Lloyd's Agent if nearer to such port or place) and his approval obtained on all proofs of loss and bills of expense. CLAIMS MAY BE ADJUSTED according to the usages of Lloyd's London, but subject to the condition of the Policy and Contract of Insurance. IT IS A CONDITION OF THIS INSURANCE that no suit or action for the recovery of any claim arising under this Policy shall be maintainable in any Court, unless such suit or action shall have been commenced within two years from the date of the happening of the loss out of which the said claim arose; provided, however, that if, by the laws of the State within which this Policy is issued, such limitation is invalid, then any such claim shall be void unless action is commenced within the shortest limit of time permitted by the law of such State of be fixed herein. IMPORTANT NOTICE Any apparent loss or damage or irregularity of a shipment should be noted on receipt given the carrier, and preliminary claim should be filed with them in writing immediately. When survey is held to ascertain loss or damage the carrier should be given the opportunity of being represented and claim for the actual loss must be filed against the carrier in writing. Copies of notation on receipts and correspondence in connection with claim against carrier must form part of proof of loss under this policy. REPORT ALL CLAIMS TO: Avalon Risk SU Management SURVEYOR: Avalon Risk Management Insurance Agency LLC Attn: Transportation Claims 150 Northwest Point Boulevard,2nd Floor Elk Grove Village, IL Phone: (847) Northwest Point Blvd Elk Grove Village, IL SETTLING AGENTS (847) NOTICE TO THESE ASSURERS in accordance with provisions of this policy may be given to the nearest Settling Agent designated below or to ProSight Specialty Insurance, 59 Maiden Lane, Suite 2700, N.Y., N.Y , U.S.A. If there is no agent of this company in the vicinity, apply for survey of loss, or damage to the nearest correspondent of the American Institute of Marine Underwriters or Lloyd s Agent.

5 ProSight Specialty Insurance 59 Maiden Lane, Suite 2700 New York, NY Copy SPECIAL MARINE POLICY $... No... MM This is to certify, that on... 08/28/2016 PROSIGHT SPECIALTY INSURANCE as attorney-in-fact for NEW YORK MARINE AND GENERAL INSURANCE COMPANY (Hereafter referred to as Underwriters ) Insured, under and subject to conditions of Open Policy No.... AR2015FFP00061 Made for... SIMPLY SHE and special conditions of the Policy below Seven Thousand Four Hundred Forty Six and 28/100 Dollars On... New Pet Supplies / PET CLOTHES Reference... DFS Under Deck Valued at... Shipped on Board... EVER LIVELY E EGLV1Bill of Lading# DFS Sailing or B/L Date... 08/28/2016 At and from... China / RUSHAN / SHANDONG via U.S.A. / LOS ANGELES / CA To... U.S.A. / POMONA / CA Consignee:... SIMPLYSHE 2849 FICUS STREET POMONA, CA It is understood and agreed that in case of the loss the same is payable to Assured or Order. PERILS: Touching the adventures and perils which this company is contented to bear, and take upon itself, they are of the seas, fires, assailing thieves, jettisons barratry of the Master and Mariners, and all other like perils, losses and misfortunes that have or shall come to the hurt, detriment or damage of the said goods and merchandise, or any part thereof, except as may be otherwise provided for herein or endorsed hereon. AVERAGE TERMS AND CONDITIONS: ON Deck and Subject to an On Deck Bill of Lading (which must be so declared by the Assured): Free of Particular Average unless caused by the vessel being stranded, sunk, burnt, on fire or in collision, but including jettison and/or washing overboard irrespective of percentage. Except while subject to terms of an On Deck: Bill of Lading: Insured "All Risk" SIMPLYSHE INC. VENDOR STOCK# MADE IN CHINA N/A Not valid unless countersigned by an authorized representative of the Assured or ProSight Specialty Insurance. Countersigned by... The Clauses on the Reverse Side of this Policy are made a part of this Policy.... ProSight Specialty Insurance Attorney-in-fact for Underwriters Designated THIS POLICY ISSUED IN DUPLICATE ONE BEING ACCOMPLISHED THE OTHER TO STAND VOID ARM Acct #: DIMLAX

6 The following Warranties shall be paramount and shall not be modified or superseded by any other provision included herein or stamped or endorsed hereon unless such other provision refers specifically to the risks excluded by these warranties and expressly assumes the said risks: - Notwithstanding anything herein contained to the contrary, this insurance is warranted free from capture, seizure, arrest, restraint, detainment, confiscation, preemption, requisition or nationalization, and the consequences thereof or any attempt thereat whether in time of peace or war, from all loss, damage or expense caused by any weapon of war employing atomic or nuclear fission and/or fusion or other reaction or radioactive force or matter or by any mine or torpedo, also warranted free from all consequences of hostilities or warlike operations (whether there by a declaration of war or not), but this warranty shall not exclude collision or contact with aircraft, rockets or similar missiles or with any fixed or floating object (other than a mine or torpedo), stranding, heavy weather, fire or explosion unless caused directly (and independently of the nature of the voyage or service which the vessel concerned or, in the case of a collision, any other vessel involved therein, is performing) by a hostile act by or against a belligerent power, and for the purposes of this warranty power included any authority maintaining navel, military or air forces in association with a power. Further warranted free from the consequences of civil war, revolution, rebellion, insurrection, or civil strife arising therefrom, or piracy. Warranted free of loss or damage caused by or resulting from strikes, lockouts, labor disturbances, riots, civil commotions or the acts of any person or persons taking part in any such occurrence or disorder. The following clauses are made a part of this policy. Warranted by the Assured that the interest insured under this certificate shall be loaded under deck (i.e. below main deck) unless otherwise specifically agreed in writing hereon. Unless otherwise provided herein, underwriters shall not be liable for leakage of molasses or other liquids, or for breakage of merchandise (neither of which shall be treated as particular average within the meaning of any franchise in this Policy or any rider thereon) unless occasioned by stranding or collision with another vessel. Warranted by the Assured free from damage or injury from dampness, change of flavor, or decay or from being spotted, discolored, musty or moldy, unless caused by actual contact of sea water with the articles damaged, occasioned by sea perils. Warranted free of claim for loss, damage or expense in consequence of any prohibition, restriction or embargo of or by any Government or of any violation or attempted violation thereof. This insurance attaches from the time the goods leave the Warehouse and/or Store at the place named in the policy for the commencement of the transit and continues during the ordinary course of transit; including customary transshipment, if any, until the goods are discharged overside from the overseas vessel at the final port. Thereafter the insurance continues whilst the goods are in transit and/or awaiting transit until delivered to final warehouse at the destination named in the policy or until the expiry of 30 days (or 60 days if the destination to which the goods are insured is outside the limits of the port), whichever shall first occur. The time limits referred to above to be reckoned from midnight of the day on which the discharge overside of the goods hereby insured from the overseas vessel is completed. Held covered at a premium to be arranged in the event of transshipment, if any, other than as above and/or in the event of delay in excess of the above time limits arising from circumstances beyond the control of the Assured. NOTE: IT IS NECESSARY FOR THE ASSURED TO GIVE PROMPT NOTICE TO UNDERWRITERS WHEN HE BECOMES AWARE OF AN EVENT FOR WHICH HE IS HELD COVERED UNDER THIS POLICY AND THE RIGHT TO SUCH COVER IS DEPENDENT ON COMPLIANCE WITH THIS OBLIGATION. In case of any loss or misfortune, it shall be lawful and necessary to and for the Assured, his or their factors, servants and assigns, to sue, labor and travel for, in and about the defense, safe-guard and recovery of the said goods and merchandise, or any part thereof, without prejudice to this insurance; nor shall the acts of the Assured or Assurers, in recovering, saving and preserving the property insured, in case of disaster, be considered a waiver or an acceptance of an abandonment; to the charges whereof, the said company will contribute according to the rate and quantity of the sum hereby insured. Where goods are shipped under a bill of lading containing the so-called Both-to-Blame Collision Clause underwriters agree as to all losses covered by this insurance, to indemnify the Assured for any amount (up to the amount insured) which the Assured may be legally bound to pay to the shipowners under such clause. In the event such liability is asserted the Assured agrees to notify underwriters who shall have the right, at its own cost and expense, to defend the Assured against such claims. This insurance is subject to the following current American Institute Clauses: Amended F.C. & S. Warranty Marine Extension Clauses S.R. & C.C. Endorsement War Risk Insurance Craft, etc. Bill of Lading, etc. Deviation General Average and when goods so destined, to the following 60 days South American Clause USED MERCHANDISE is insured: Excluding mechanical and electrical or electronic derangement, wear, tear, gradual deterioration, climatic or atmospheric conditions,extremes of temperature, breakage, scratching, denting, chipping, staining, rust,oxidation, discoloration or cost of repainting. IT IS A CONDITION OF THIS INSURANCE that any loss of or damage to the interest hereby insured must be promptly reported to the representative of the American Institute of Marine Underwriters (or to Lloyd's Agent if nearer to such port or place) and his approval obtained on all proofs of loss and bills of expense. CLAIMS MAY BE ADJUSTED according to the usages of Lloyd's London, but subject to the condition of the Policy and Contract of Insurance. IT IS A CONDITION OF THIS INSURANCE that no suit or action for the recovery of any claim arising under this Policy shall be maintainable in any Court, unless such suit or action shall have been commenced within two years from the date of the happening of the loss out of which the said claim arose; provided, however, that if, by the laws of the State within which this Policy is issued, such limitation is invalid, then any such claim shall be void unless action is commenced within the shortest limit of time permitted by the law of such State of be fixed herein. IMPORTANT NOTICE Any apparent loss or damage or irregularity of a shipment should be noted on receipt given the carrier, and preliminary claim should be filed with them in writing immediately. When survey is held to ascertain loss or damage the carrier should be given the opportunity of being represented and claim for the actual loss must be filed against the carrier in writing. Copies of notation on receipts and correspondence in connection with claim against carrier must form part of proof of loss under this policy. REPORT ALL CLAIMS TO: Avalon Risk SU Management SURVEYOR: Avalon Risk Management Insurance Agency LLC Attn: Transportation Claims 150 Northwest Point Boulevard,2nd Floor Elk Grove Village, IL Phone: (847) Northwest Point Blvd Elk Grove Village, IL SETTLING AGENTS (847) NOTICE TO THESE ASSURERS in accordance with provisions of this policy may be given to the nearest Settling Agent designated below or to ProSight Specialty Insurance, 59 Maiden Lane, Suite 2700, N.Y., N.Y , U.S.A. If there is no agent of this company in the vicinity, apply for survey of loss, or damage to the nearest correspondent of the American Institute of Marine Underwriters or Lloyd s Agent.