Marine Project Cargo & Marine Delay in Start Up Insurance. Critical items survey procedures

Transcription

1 Critical items survey procedures

2 These procedures aim to give guidance and general information only. In the event of any conflict between these procedures and the Policy, the terms and conditions of the Policy shall prevail. 1.0 Introduction The purpose of the Critical Items survey procedures is to facilitate prompt and proper communication between all parties to ensure efficient co-ordination and timely performance of surveys, including proper follow-up in case of non-compliance to recommendations. This will result in minimizing the risk of loss, damage or delay in delivery of the Critical Items. All interested parties should be provided with a copy of these procedures and, whilst this document does not purport to cover every situation, it should provide sufficient information upon which to act. If there is doubt concerning any matter, the reader should not hesitate to contact their local Liberty International Underwriters (LIU) office. It is vital that the parties involved with the shipments should maintain contact with LIU for Critical Items requiring surveys. 2.0 Definition For the purpose of this insurance, a Critical Item is defined as any item which, in the event of a loss under the Marine Policy, cannot be re-manufactured/repaired, re-shipped, installed, tested and commissioned while still leaving a twomonth window prior to the scheduled start-up date and/or is deemed unique, as agreed with LIU. A list of Critical Items is to be provided by the Insured and LIU will update the definitions accordingly. 3.0 Critical Items survey procedure LIU recommends the following actions: 3.1 A Critical Items list must be issued, kept updated and shared with LIU. This list must include (but not be limited to) the following details: Supplier s name and contact details Shipment name/description of goods Estimated shipment date from origin Invoice value of shipment Principal dimensions Gross/net weight Method of packaging Place/country of origin Lead replacement time of the cargo (including delivery to site) Shipment method 3.2 The suppliers of Critical Items should be advised by the Insured in writing that the attendance of a Marine Surveyor/Risk Manager will be required at all stages of transport and that the Surveyor/Risk Manager will be charged with vetting and approving the packing and shipping arrangements. 3.3 In case of shipment by barge or vessel, the respective carriers/operators should be advised by their Principals (Contractor, Forwarder or Supplier, as the case may be) that a Surveyor s attendance on board will be required and all recommendations are to be complied with. 3.4 In case of shipment by barge or vessel, the respective carriers/operators should be advised by their Principals that they are required to inform LIU of, for example, any deviation in the voyage, transshipments, loading/unloading, or shifting of cargo, in order to arrange supervision for cargo handling. 3.5 At the stipulated time in advance of shipment of any Critical Items, a detailed schedule (as per Annexure A) should be submitted to LIU by your broker. 3.6 Upon receipt of information, LIU will contact the relevant parties and make an assessment of the transportation risk. If deemed necessary, LIU will appoint a Surveyor to supervise the cargo handling and give recommendations. 3.7 The relevant information having been collated and considered, and at the discretion of LIU, Critical Items may or may not be subject to a survey. If no survey is required, LIU will notify all parties concerned. 4.0 LIU Scope of work LIU Risk Managers will, at their discretion, select and appoint Surveyor(s), whose scope of work may include (but is not limited to): 4.1 Desk review: Review of method statement, route survey, vessels and bargers certificates (if available). 4.2 At manufacturer/supplier s facility: Condition survey of goods Packing survey/supervision Load-out survey/supervision 4.3 At load port: Survey of port facilities/infrastructure to receive goods Pre-loading survey Assessment of suitability of nominated vessel/carrier Assessment of handling, load, stow and lashing on board vessel/carrier 4.4 At transshipment/discharge port: Pre-discharge survey on board vessel/ carrier Discharge survey/supervision Inland transit survey/supervision, including handling, lashing and securing onto inland vehicles All of 4.2 above, if transshipment 4.5 At project site: Unloading survey/supervision 5.0 Roles and responsibilities This section sets out the roles and responsibilities of the Insured and LIU. 5.1 The Insured shall: Advise in writing the main EPC contractor and their appointed logistics providers of LIU s involvement Ensure the EPC contractor officially informs all their vendors, logistics providers, carriers and subcontractors of LIU s involvement. In the case of attending onboard operations, the EPC contractor is to inform the carrier and obtain permission to allow LIU s Surveyor and LIU to go on board Ensure the EPC contractor provides an updated Critical Items list, where required Ensure the EPC contractor and their logistics providers provide a pre-shipment advice to LIU 5.2 LIU shall: Arrange a kick-off meeting Closely liaise with the broker and their appointed vendors, logistics providers and subcontractors (where contacts have been earlier given) to ensure efficient coordination and timely performance of the survey Appoint Surveyors to conduct survey(s) for the Critical Items Provide contacts of appointed Surveyors, where necessary Notify in writing all appropriate parties where no survey is needed 2

3 Notification of shipment of Critical Items To: Cc: Date: address: address: Pages: Subject: Critical Item description Name of vessel/flight/trailer number Load port Discharge port Transshipment port (if any) Estimated date of packing Estimated date of loading Estimated date of discharge Estimated date of transshipment (if any) ETA site Number of packages Type of packing (skid/crate/saddles/frame/container) Gross weight of heaviest piece Dimensions Lead time (replacement time) Estimated value Break bulk or containerized shipment Supplier s details and contact person Supplier s phone/fax/ contacts Contractor s details and contact person Contractor s phone/fax/ contacts Freight forwarder s details and contact person Freight forwarder s phone/fax/ contacts Remarks (if any) Please attach supporting documentation where necessary, including (but not limited to): packing lists handling/lifting diagrams transportation method statements. For any queries in relation to this procedure, please visit or contact your local LIU Marine underwriter. The information in this document is presented by Liberty International Underwriters Pte Limited (Registration No.: LF12903) trading as Liberty International Underwriters, Labuan Branch (LIU). LIU is licensed to carry on Labuan general insurance business under the Labuan Financial Services and Securities Act 2010 (Licence No.: IS ). The information in this document is intended to provide general information only and does not take into account your personal situation. You should not act on the basis of the information contained within this document without first obtaining specific professional advice appropriate to your needs LIU: All material contained in this document is subject to copyright. Please contact LIU for a Licence to use and distribute this document. This information is current as at September

4 Privacy Notice Liberty International Underwriters (LIU) is the registered business name of Liberty International Underwriters Pte Limited, a company incorporated in Singapore (UEN C) and operates in Labuan, Malaysia, as a branch. It is a member of the United States-based Liberty Mutual Group (LMG). LIU Labuan s contact details are: Address: 9-7, Wisma UOA Damansara 2, No. 6, Jalan Changkat Semantan, Damansara Heights Kuala Lumpur Malaysia Phone: LIU is bound by the Personal Data Privacy Act 2010 and its associated Personal Data Protection Principles when it collects and handles your personal data. LIU may transfer your personal data overseas, including to countries without comparable data protection laws, if it is reasonably necessary to provide you with the products or services you seek from us. For example, depending on the product or service you have LIU may transfer information via the Internet or have to provide overseas insurers, reinsurers and other third party providers and their and LIU s representatives with personal data. LIU may store your information with third party cloud or other types of networked or electronic storage providers. We also can transfer your personal data to Liberty Mutual Group entities. Third parties may be located overseas in the United States, Canada, United Kingdom, Australia, Singapore or Hong Kong. Where relevant these organisations are bound by personal data arrangements. If you wish to gain access to or correct your personal data, make a personal data complaint, or if you have any query about how LIU collects or handles your personal data please write to LIU s Privacy Officer at the address above or by ing: privacy.officer.ap@libertyiu.com. To obtain a copy of LIU s Privacy Policy go to LIU s website ( or request a copy from LIU s Privacy Officer. When you give LIU personal or sensitive information about other individuals, LIU relies on you to provide its Privacy Notice to them. If you have not done this, you must tell LIU before you provide the relevant data. Notis Privasi Liberty International Underwriters (LIU) adalah nama perniagaan berdaftar Liberty International Underwriters Pte Limited, sebuah syarikat yang diperbadankan di Singapore (UEN C) dan beroperasi di Labuan, Malaysia, sebagai sebuah cawangan. Ia adalah ahli Liberty Mutual Group (LMG) yang berpangkalan di AS. Butir-butir hubungan LIU Labuan adalah seperti berikut: Alamat: 9-7, Wisma UOA Damansara 2, No. 6, Jalan Changkat Semantan, Damansara Heights Kuala Lumpur Malaysia Telefon: LIU adalah tertakluk kepada Akta Privasi Data Peribadi 2010 dan Prinsipprinsip Perlindungan Data Peribadi yang berkaitan apabila ia mengumpul dan mengendalikan data peribadi anda. LIU boleh memindahkan data peribadi anda ke luar negara, termasuk negara-negara tanpa undang-undang perlindungan data yang setanding, jika adalah semunasabahnya perlu bagi menyediakan untuk anda produk-produk atau perkhidmatan yang anda ingin peroleh daripada kami. Sebagai contoh, bergantung kepada produk atau perkhidmatan yang anda miliki, LIU boleh memindahkan maklumat melalui Internet atau perlu menyediakan insurans, penginsurans semula dan pembekal pihak ketiga yang lain di luar negara dan mereka serta wakil LIU dengan data peribadi. LIU mungkin menyimpan maklumat anda menggunakan perkhidmatan awan pihak ketiga atau pembekal penyimpanan rangkaian atau elektronik jenis lain. Kami juga boleh memindahkan data peribadi anda kepada entiti Liberty Mutual Group. Pihak ketiga mungkin terletak di luar negara di Amerika Syarikat, Kanada, United Kingdom, Australia, Singapura atau Hong Kong. Jika berkaitan, pertubuhanpertubuhan ini adalah terikat dengan aturan data peribadi. Jika anda ingin mengakses atau membetulkan data peribadi anda, membuat aduan data peribadi, atau jika anda mempunyai sebarang pertanyaan mengenai cara-cara LIU mengumpul atau mengendalikan data peribadi anda, sila hantar surat kepada Pegawai Privasi LIU di alamat di atas atau hantar e-mel kepada: privacy.officer.ap@libertyiu.com. Untuk mendapatkan salinan Polisi Privasi LIU, sila kunjungi laman web LIU ( atau minta salinan daripada Pegawai Privasi LIU. Apabila anda memberikan maklumat peribadi atau sensitif mengenai orang lain kepada LIU, LIU bergantung pada anda untuk memberikan Notis Privasinya kepada orang tersebut. Jika anda masih belum berbuat demikian, anda hendaklah memaklumkan LIU sebelum anda memberikan data yang berkaitan. Liberty International Underwriters (LIU) is part of the Specialty Risks division of global Liberty Mutual a Fortune 100 company with an S&P rating of A (strong) established over a century ago. Today, LIU Asia Pacific employs more than 300 people across the region, among them underwriters and claims professionals with broad industry experience and significant local authority. LIU s clients benefit from this powerful combination of stability, experience, financial strength, global reach and local authority. 4 10/17.v1.M

5 PERSONAL DATA PROTECTION NOTICE Dear Sir/Madam This notice is issued to you pursuant to the Personal Data Protection Act 2010 (including all subsidiary legislation, rules, guidelines, codes and all amendments thereto in force from time to time) (collectively, the Act ) for the purpose of providing you with an understanding on how your personal data is collected, how we use the personal data collected, to whom the personal data may be disclosed, security measures adopted and your rights as a data subject (as defined below). For the purpose of this notice, personal data, process, data subject and data processor shall have the meaning as defined in the Act. For the avoidance of doubt, this notice is applicable to you only if you are an individual. If you are not an individual (for instance, if you are a company, partnership, society, club or any unincorporated body) but the personal data of individuals such as your directors, shareholders, managers, officers, employees and/or partners is being provided to us, this notice is applicable to those individuals. In instances where you provide us with personal information relating to third parties, you confirm that you have obtained their prior consent to provide us with their personal information in accordance with this notice or are otherwise entitled to provide this information to us and for us to use it accordingly. We would like to inform you that Liberty International Underwriters, Labuan branch ( we, our, us, the Company or LIU ) is dedicated to ensuring that all personal data provided to us in commercial transactions is handled in compliance with the Act. Your personal data may be processed in, amongst others, the following manner: 1. the organisation, adaptation or alterations of personal data; 2. the retrieval, consultation or use of personal data; 3. the disclosure of personal data by transmission, transfer, dissemination or otherwise making available; or 4. the alignment, combination, correction, erasure or destruction of personal data. In particular, we may process personal data on but not limited to the following: 1. name, gender, race, date of birth, nationality, residency status, marital status, occupation or profession; 2. identification card/passport number; 3. address and contact details (including address, telephone number, address, facsimile number); 4. bank account details; 5. information relating to registration status under Good and Services Act 2014 and any regulations thereunder or any other applicable taxation requirement; 6. other financial and/or personal information. The personal data may be obtained from the following sources, where applicable, or such other sources which we see fit from time to time: 1. through the relationship with us, for example information provided by you in offering your services to us; 2. through your verbal, written and/or electronic communication with us and/or our authorised agents; 3. through third parties connected with you, such as your employers; 4. letters of offer/tender or any other documents, agreements, contracts or instruments which you have entered with us; and 5. documents provided by you relating to your invoices or billing to us. Your personal data may be processed by us for and/or in connection with one or more of the following purposes: 1. to process your invoices/billings to us relating to your services provided to us; 2. to better manage our business and your relationship with us; 3. to verify your financial standing through credit reference/reporting checks; 4. to respond to any enquiries and complaints and to generally resolve disputes; 5. to update, consolidate and improve the accuracy of our records; 6. to meet the requirements of any law or regulations binding on LIU; 7. to enforce our legal rights and claims; 8. for crime detection, prevention and prosecution; 5

6 PERSONAL DATA PROTECTION NOTICE (continue) 9. to conduct anti-money laundering and anti-terrorist financing checks; 10. for audit, administration, reporting, compliance and risk management purposes; 11. for any purpose(s) that is required or permitted by any law, regulations, guidelines and/or relevant regulatory authorities; and 12. for any other lawful purposes that is incidental or ancillary or in furtherance to the above. (collectively, referred to as the Purposes ) We are part of the Liberty Mutual Group ( LMG ) which operate in multiple jurisdictions. Accordingly, access to your personal data may be granted to other entities within LMG for the Purposes which allow us to manage your personal information more securely and efficiently. In the course of our operations, it may be necessary for us to disclose your personal data: 1. to and between the branches, related corporations, business partners, affiliates, advisers (including but not limited to accountants, auditors, lawyers, financial advisers, brokers, intermediaries or other professional advisers) or agents of LIU and third parties selected by any of them, wherever situated, for confidential use (including for data processing) and you further acknowledge that any such branch, related corporation, affiliate, agent or third party shall be entitled to transfer any such information as required by any law, court, legal process or as requested by any authority or body or agency in accordance with which it required to act as it shall determine; 2. to third party service providers who provide administrative services, business process services, storage services, document processing and archiving services, information technology services, data centre services and payment services or any value added sevices; 3. to any person notified by you as authorised to give instructions to us on your behalf; 4. to any third party as a result of any acquisition or sale of any company by LIU, provided that any recipient uses your information for the same purposes as it was originally supplied to us and/or used by us; 5. to any person connected to the enforcement or preservation of any of our rights under your agreement(s) with us; and/or 6. to competent foreign authorities and/or regulators or as required or permitted by law, by order of court or to meet obligations to regulatory authorities. The personal data provided to us may be transferred to and/or stored in a place outside Malaysia for the Purposes and/or to such third parties as set out above. We endeavour to maintain physical, technical and procedural safeguards that are appropriate to the sensitivity of your personal data held by us. These safeguards are designed to prevent the personal data from any loss, misuse, modification, unauthorised or accidental access or disclosure, alteration or destruction. The provision of the personal data is voluntary in nature. You may also elect to limit the way the personal data provided to us is to be processed by us. However, in the event the personal data provided by you is not sufficient or not satisfactory, or if you limit the way the Personal Data is to be processed, or if you subsequently withdraw your consent to us processing your personal data, this may result in us not being able to communicate or correspond with you and/or to perform our obligations under any contract, agreement or arrangement with you. Generally, the Act requires us to obtain your consent to process your personal data. We will seek your consent before using your personal data for any purposes other than purposes set out herein, except where such personal data is required to be processed by us in compliance with any legal requirement or as may be permitted under the Act. We will take reasonable steps to ensure that the personal data held by us is accurate, complete, not misleading and kept up-to-date. You have the right to request access to and request for correction of your personal data, if necessary (upon payment of a prescribed fee, if any), or limit the processing of your personal data, or to withdraw your consent for us to continuing processing your personal information, or to address any questions or complaints which you may have regarding personal data or this notice, by submitting such request to us at LIU via registered post or as set out below:- Postal address: Liberty International Underwriters, Labuan Branch Contact person: Andrew Soh Address: 9-7, Wisma UOA Damansara 2, No. 6, Jalan Changkat Semantan, Damansara Heights Kuala Lumpur Malaysia Tel No. : address: privacy.officer@libertyiu.com 6

7 PERSONAL DATA PROTECTION NOTICE (continue) LIU reserves the right to amend this notice at any time and will place notice of such amendments on the LIU s website or via any other appropriate communication means deems suitable by LIU. In the event of any inconsistency or conflict between this notice and any other notice, document, publication, consent to disclosure of information or data given by you under any other documents between you and LIU, this notice will prevail to the extent of such inconsistency or conflict. Kindly indicate your understanding and agreement to the foregoing by signing at the space provided below and returning the copy of this notification to us. ACCEPTANCE AND CONSENT FOR PROCESSING By signing this form, I am declaring that I have read, understood and agreed to terms of this notice and I am expressly consenting to and authorising LIU and any third parties as specified in the notice above to collect, hold, use, delete, disclose, transfer, administer and process in any other way, all my personal data (including personal data of other party provided by me) given now or that is subsequently obtained from time to time for the Purposes stated above. I understand that if I do not provide the personal data requested, LIU may not be able to carry out the Purposes stated above. By signing this form, I further confirm that all personal data that I have provided are all true, up-to-date and accurate. Should there be any changes to any of my personal data, I shall notify LIU immediately. I understand that I have the right to access and correct my personal data by contacting the Privacy officer at privacy.officer@libertyiu.com and have read the Privacy Notice on LIU s website ( privacy-policy/). I understand that depending on the information requested, LIU may have the right to charge a small fee for the processing of any data requested. LIU may also take steps to verify my identity before fulfilling my request for access to my personal data. Name Date 7