Renasa Taxi Underwriters Protector Plan Series

Transcription

1 Series Whereas the insured named in the Schedule hereto has applied to the Insurance Company named in the schedule (hereinafter called the company) for the insurance hereinafter contained and has paid the premium which has been received by the company. The company agrees subject to the terms, exceptions, provisions and conditions herein to indemnify the insured in respect of accidental loss of or damage as provided in this policy occurring during the Period of Insurance. Any proposal declaration or statement made by or on behalf of the insured is the basis of and forms part of this policy. Section A - Loss or damage to the vehicle The company will indemnify the insured against Loss of or damage to the vehicle described in the schedule (hereinafter referred to as The Vehicle) and/or its permanent accessories and parts thereon. In addition, if such vehicle is disabled by reasons of any loss or damage insured hereby, the company will pay the reasonable cost of protection and removal to the nearest repairers but not exceeding R7500, provided Renasa Assist is used otherwise towing is limited to R1500, and the insured may give instructions for repairs to be executed without the prior consent of the company to the extent of but not exceeding R750, provided that a detailed estimate is first obtained and immediately forwarded to the company. The company will also pay the reasonable cost of delivery to the insured, after repair of such loss or damage, not exceeding the reasonable cost of transport to the permanent address of the insured within the territorial limits of this policy provided that 1. the limit of indemnity for the Vehicle is as stated in the schedule and shall be the maximum amount payable by the company in respect of such loss or damage, but shall not exceed the reasonable retail value of the vehicle and its accessories and permanent spare parts at the time of such loss or damage 2. the company may, elect to indemnify the insured by paying for the repair by a repairer acceptable to the company, reinstate or replace such vehicle or any part thereof and/or its permanent accessories and spare parts or may pay in cash the amount of the loss or damage not exceeding the reasonable retail value of such vehicle and/or its accessories and/or spare parts at the time of such loss or damage 3. if, to the knowledge of the company, the vehicle is the subject of a suspensive sale, installment sale or similar agreement, such payment shall be made to the owner described therein whose receipt shall be a full and final discharge to the company in respect of such loss or damage 4. the company shall not be liable for more than the amount stated in the schedule (after deduction of the first amounts payable) in respect of loss or damage,,theft or attempted theft of radios, compact disc players, MP3 players Apple IPOD players, tape players and similar equipment or telephones not supplied by the manufacturers of the vehicle when new.

2 2 5. In the event of any part or accessory needed to repair the vehicle not being available in the Republic of South Africa as a standard ready manufactured article the liability of the company shall not exceed the value of such part at the time of the accident but not in any case exceeding the makers latest list price. Extensions to Section A Windscreen extension (if stated in the schedule to be included) The provisions of this section relating to the first amount payable and no claim rebate shall not apply to any payment for damage to windscreen glass, side or rear glass forming part of any vehicle provided that a. no other damage has been caused to the vehicle giving rise to a claim under the policy b. All such glass insured is sound at inception of this extension and the company shall not be liable in respect of cracks, chips or other damage or other defects in existence at that time. c. The damage to the glass is not caused by the load or anyone in or on such vehicle d. the insured shall be responsible for the first amount payable (applicable to glass) stated in the schedule of each and every loss. Exceptions to Section A The company shall not be liable to pay for (a) consequential loss as a result of any cause whatsoever, depreciation in value whether arising from repairs following a defined event or otherwise, (b) wear and tear, mechanical, electronic or electrical breakdowns, failures or breakages (c) damage to tyres by application of brakes or by road punctures, cuts or bursts (d) damage to springs/shock absorbers due to inequalities of the road or other surface, including but not limited to potholes, or to impact with such inequalities (e) detention, confiscation or requisition by customs or other officials or authorities. (f) Damage to the vehicle whilst traveling off road or on surfaces which are not recognized as by officials and most road users (including the road verge) as a road Section B - Liability to third parties Defined events The company will indemnify the insured in the event of any accident caused by or through or in connection with any vehicle described in the schedule or in connection with the loading and/or unloading of such vehicle in respect of which the insured becomes legally liable to pay for compensation including claimants costs and expenses in respect of : I. Death of or bodily injury to any person not being a member of the same household as the insured or under the employ of the insured arising out of and in the course of such employment, II. Physical loss or damage to property other than property belonging to the insured or held in trust by or in the custody or control of the insured or being conveyed by, loaded onto or unloaded from such vehicle. The company will also, in terms of and subject to the limitations of and for the purposes of

3 this sub-section, pay all costs and expenses incurred with their written consent, and shall be entitled at their discretion to arrange for representation at any inquest or inquiry in respect of any death which may be the subject of indemnity under this sub-section, or for defending in any magistrate s court any criminal proceedings in respect of any act causing or relating to any event which may be the subject of indemnity under this sub-section, provided that the total of the company s liability under both this extension shall not exceed the limit of Liability stated as follows 3 a. In respect of accidents directly or indirectly due to or in consequence of fire or explosion R1,000,000 (b) In respect of other accidents R1,000,000 Extensions to Section B 1. Indemnify any person who is driving or using such vehicle on the insured s order or with the insured s permission provided that 1. such person shall, as though he were the insured, observe, fulfill and be subject to the terms, exceptions and conditions of this insurance in so far as they can apply 2. such person driving such vehicle has not been refused any motor insurance or continuance thereof by any insurer 3. indemnity shall not apply in respect of claims made by any member of the same household as such person 4. such person is not entitled to indemnity under any other policy except in respect of any amount not recoverable thereunder 2. Where more than one insured is named in the Schedule the company shall indemnify each insured separately and not jointly and any Liability arising between such insured shall be treated as though a separate policy had been issued to each provided that the aggregate liability of the company shall not exceed the Limit of Liability stated above 3. The company waives all rights of subrogation or action which it may have or acquire against any other person to whom the indemnity applies and each person shall observe fulfill and be subject to the terms exceptions and conditions of the policy insofar as they apply 4. The company shall indemnify the insured in respect of Liability arising from the towing by the insured Vehicle of any trailer in respect of Liability in connection with the towed trailer, provided that: 1. Such trailer is not towed for reward 2. (b) The company shall not be liable for damage to the towed trailer nor property therein or thereon that no insurance under such enactment is in force or has been affected 3. death of or injury to or illness of any person who is in the employment of the insured arising out of and in the course of such employment 3. death of or injury to or illness of any person being carried in or upon or entering or getting onto or alighting from the vehicle at the time of the occurrence of the event out of which any claim arises 4. death of or injury to or illness of any person being a member of the same household as the insured 5.. death of or injury to or illness of any person arising from the operation, demonstration or use (for purposes other than maintenance or repair of the vehicle) of any tool or plant forming part of or attached to or used in connection with a vehicle or anything manufactured by or contained in any such tool or plant

4 Section C Loss of Use Cover (in the event of accidental Damage/Theft or Hijack) 4 It is agreed and understood that in the event of a claim under Section A of the policy the company shall pay to the finance house the following; R1 000 per week limited to 4 weeks or R4 000 Excess: 1 Week from the date of authorization for repairs to the insured vehicle by the assessor (nominated by the company) Provided that: 1. The company shall not be liable hereunder if the repair time does not exceed 10 (ten) working days. The company shall not be liable hereunder if the repair costs fall within the first amount payable. 2. The liability hereunder shall not exceed the amount stated in the schedule Section D Driver Personal Accident or Passenger Personal Accident (Optional Cover) (For the purpose of this insurance the term Insured Person shall mean the Driver and/or Passengers in the Nominated Vehicle at the time of the accident. The Nominated Vehicle is the vehicle stated in the schedule of the policy. Insuring Clause: Conditional upon the prior payment of the premium and receipt thereof by or on behalf of Renasa Insurance Company Limited (hereinafter called The Company ) the Company shall insure and agree to pay compensation as stated in the schedule in the event of Death of the Insured Person arising out of or in connection with an accident involving the Nominated Vehicle. Any proposal and declaration made or on behalf of the Insured is the basis of and forms part of this policy. Exceptions: 1. Permanent Total Disability benefits shall not be payable in respect of any Passenger 2. No compensation will be paid unless a Death has occurred due to the accident. 3. This policy will not apply to any occurrence consequent upon Suicide or any attempt thereat or intentional self-injury An event insurable in terms of a policy issued by SASRIA Limited taxi violence or wars between individuals or groups involved in the taxi industry or any act calculated to bring about any of these situations or any act of any lawfully established authority in dealing with any of these situations. Accidents which occur as a result of the vehicle being driven off road or on surfaces which are not recognized as by officials and most road users (including the road verge) as a road 4. No compensation will be payable under this policy if: It is determined that the accident was directly caused by the Insured Person being under the influence of intoxicating drink or drugs The accident was caused by overloading the vehicle in contravention of the provisions of the Road Traffic Regulations of the Road Traffic Act 29 of 1989 (as amended) or any replacement legislation. Driver does not hold a valid up to date PDP or the correct permit for that route

5 Conditions: The Company will in case of the death of the Insured Person be entitled to have a post-mortem examination at its own expense. 5 Claims are payable in South Africa in South African currency only The Company will pay the proceeds of any claim to the Insured Person or the immediate family or legal representative of the Insured Person as it in its sole discretion may decide. Scale of Benefits: Passenger Personal Accident Cover is for Death of a passenger in the event of a motor accident Limit is R5 000 / passenger Maximum Limit is R per event Driver Personal Accident Maximum Limit is R per event Section E - Cash Back Plan Should the insured not claim for 24 (twenty four) consecutive months, the company will pay to the insured a set percentage (as stated in the policy schedule) of the premiums paid in the corresponding period at the end of the twenty fourth month. Should the insured not claim for a further 12 (twelve) consecutive months the company will pay to the insured a set percentage (as stated in the policy schedule) of the premiums paid for the previous twelve months at the end of the 36th (thirty sixth) month. Thereafter for each successive claim-free 12 months the company will pay to the insured a set percentage (as stated in the policy schedule) of all the premiums paid within the previous twelve months at the end of each twelve month cycle Definitions (Applicable to All Sections) Occurrence The term occurrence shall mean an occurrence or series of occurrences arising from one cause in connection with the vehicle in respect of which indemnity is provided by this insurance. First Amount Payable In respect of each and every occurrence giving rise to a claim under this policy and notwithstanding anything contained herein to the contrary the insured shall be responsible for the first amount payable as stated in the policy schedule (or any less expenditure which may be incurred) for which provision is made under this policy including any payment in respect of costs expenses and fees and of any expenditure by the company in the exercise of its discretion under this policy. If the expenditure incurred by the company shall include the first amount payable for which the insured is responsible such amount shall be paid by the insured to the company forthwith. Working Days Monday to Friday excluding official public holidays

6 Exceptions applying to all sections 1. War, riot and terrorism 6 A. This policy does not cover loss of or damage to property related to or caused by: i. civil commotion, labour disturbances, riot, strike, lockout or public disorder or any act or activity which is calculated or directed to bring about any of the aforegoing; ii. iii. iv. war, invasion, act of foreign enemy, hostilities or warlike operations (whether war be declared or not) or civil war; mutiny, military rising, military or usurped power, martial law or state of siege, or any other event or cause which determines the proclamation or maintenance of martial law or state of siege; insurrection, rebellion or revolution; any act (whether on behalf of any organisation, body or person or group of persons) calculated or directed to overthrow or influence any State or Government or any provincial, local or tribal authority with force or by means of fear, terrorism or violence; v. any act which is calculated or directed to bring about loss or damage in order to further any political aim, objective or cause, or to bring about any social or economic change, or in protest against any State or Government or any provincial, local or tribal authority, or for the purpose of inspiring fear in the public or any section thereof; vi. vii. any attempt to perform any act referred to in clause (iv) or (v) above; the act of any lawfully established authority in controlling, preventing, suppressing or in any other way dealing with any occurrence referred to in clause A(i), (ii), (iii), (iv), (v) or (vi) above. If the company alleges that, by reason of clause A(i), (ii), (iii), (iv), (v), (vi) or (vii) of this exception, loss or damage is not covered by this policy, the burden of proving the contrary shall rest on the insured. B. This policy does not cover loss or damage caused directly or indirectly by or through or in consequence of any occurrence for which a fund has been established in terms of the C. War Damage Insurance and Compensation Act, 1976 (No. 85 of l976) or any similar Act operative in any of the territories to which this policy applies D. Notwithstanding any provision of this policy including any exclusion, exception or extension or other provision not included herein which would otherwise override a General Exception, this policy does not cover loss of or damage to property or expense of whatsoever nature directly or indirectly caused by, arising out of or in connection with any act of terrorism regardless of any other cause or event contributing concurrently or in any sequence to the loss, damage or expense. For the purpose of this General Exception 1(iii) an act of terrorism includes, without limitation, the use of violence or force or the threat thereof whether as an act harmful to human life or not, by any person or group of persons, whether acting alone or on behalf of or in connection with any organisation or government or any other person or body of persons, committed for political, religious, personal or ideological reasons or purposes including any act committed with the intention to influence any government or for the purpose of inspiring fear in the public or any section thereof If the company alleges that, by reason of clause 1(iii) of this exception, loss or damage is not covered by this policy, the burden of proving the contrary shall rest on the insured. 1. Nuclear Except as regards the Fidelity section this policy does not cover any legal liability, loss, damage, costs or expenses whatsoever or any consequential loss directly or indirectly caused by or contributed to by or arising from:

7 (i) ionising radiations or contamination by radio-activity from any nuclear fuel or from any nuclear waste from the combustion or use of nuclear fuel; (ii) nuclear material, nuclear fission or fusion, nuclear radiation; (iii) nuclear explosives or any nuclear weapons (iv) nuclear waste in whatever form; 7 regardless of any other cause or event contributing concurrently or in any other sequence to the loss. For the purpose of this exception only, combustion shall include any self-sustaining process of nuclear fission. 2. Computer losses General Exception applicable to all sections of this policy insuring damage to property or the consequences of damage to property or any liability Notwithstanding any provision of this policy including any exclusion, exception or extension or other provision not included herein which would otherwise override a General Exception, this policy does not cover: a) loss or destruction of or damage to any property whatsoever (including a computer) or any loss or expense whatsoever resulting or arising therefrom; b) any legal liability of whatsoever nature; c) any consequential loss; directly or indirectly caused by or contributed to by or consisting of or arising from the incapacity or failure of any computer, correctly or at all i) to treat any date as the correct date or true calendar date, or correctly or appropriately to recognise, manipulate, interpret, process, store, receive or to respond to any data or information, or to carry out any command or instruction, in regard to or in connection with any such date, or ii) to capture, save, retain or to process any information or code as a result of the operation of any command which has been programmed into any computer, being a command which causes the loss of data or the inability to capture, save, retain or correctly to process such data in regard to or in connection with any such date, or iii) to capture, save, retain or to process any information or code due to programme errors, incorrect entry or the inadvertent cancellation or corruption of data and/or programmes, or iv) to capture, save, retain or to process any data as a result of the action of any computer virus, or other corrupting, harmful or otherwise unauthorised code or instruction including any trojan horse, time or logic bomb or worm or any other destructive or disruptive code, media or programme or interference. A computer includes any computer, data processing equipment, microchip, integrated circuit or similar device in computer or non-computer equipment or any computer software, tools, operating system or any computer hardware or peripherals and the information or data electronically or otherwise stored in or on any of the above, whether the property of the Insured or not. Special extension to General Exception C A. Loss or destruction of or damage to the insured property by fire, explosion, lightning, earthquake or by the special perils referred to below or indemnified by the Glass, Employer s Liability, Stated Benefits, Group Personal Accident or Motor section is not excluded by this General Exception. The special perils that are not excluded for the purpose of this special extension are damage caused by: 1. storm, wind, water, hail or snow excluding damage to property a) arising from its undergoing any process necessarily involving the use or application of water; b) caused by tidal wave originating from earthquake;

8 c) in the underground workings of any mine; d) in the open (other than buildings structures and plant Unless so described and specifically insured as a separate item designed to exist or operate in the open); e) in any structure not completely roofed; f) being retaining walls; 8 2.aircraft and other aerial devices or articles dropped therefrom; 3. impact by animals, trees, aerials, satellite dishes or vehicles excluding damage to such animals, trees, aerials, satellite dishes or vehicles or property in or on such vehicles. These special perils do not cover wear and tear or gradual deterioration. B. General Exception C also does not apply to consequential loss as insured by any Business Interruption indemnity provided by this policy to the extent that such consequential loss results from damage to insured property by the perils referred to in Special extension A above. C. This Special extension will not insure any loss destruction, damage or consequential loss if it would not have been insured in the absence of this Computer Losses General Exception and this Special extension. D. This Special extension shall not apply to any Public Liability indemnity. 4. Asbestos (applicable to Public Liability Section, Employers Liability Section and Subsection D (Liability) of Buildings Combined Section. Notwithstanding any provision of this policy including any exclusion, exception or extension or other provision which would otherwise override a general exception, this policy does not cover legal liability, loss damage, costs and expenses whatsoever or any consequential loss directly or indirectly caused by, arising out of, resulting from, in consequence of, in any way involving, or to the extent contributed to by, the hazardous nature of asbestos in whatever form or quantity. 5. Detention, Confiscation and Forfeiture This policy does not cover any loss, damage, costs or expense directly or indirectly arising from detention, confiscation, forfeiture, impounding or requisition legally carried out by customs, SA Police Services, crime prevention units or other officials or authorities. 6. The company shall not be liable for any accident, injury, loss, damage or liability (a) whilst the vehicle is being used with the general knowledge and consent of the insured otherwise than in accordance with the description of use clause (b) incurred outside the Republic of South Africa, Namibia, Botswana, Lesotho, Swaziland, Zimbabwe and Malawi. (c) incurred while any vehicle is being driven by: (i) the insured while under the influence of intoxicating liquor or drugs (unless administered by or prescribed by and taken in accordance with the instructions of a member of the medical profession other than himself) or while not licensed to drive such vehicle (ii) any other person with the general consent of the insured who is under the influence of intoxicating liquor or drugs (unless administered by or prescribed by and taken in accordance with the instructions of a member of the medical profession other than himself) or who is not licensed to drive such vehicle, but this shall not apply if the insured was unaware that the driver was unlicensed and the insured can prove to the satisfaction of the company that, in

9 the normal course of his business, procedures are in operation to ensure that only licensed drivers are permitted to drive insured vehicles. (iii) or is under the control for the purpose of being driven by a person who does not hold a current valid Professional Drivers Permit (PrDP) to drive such a vehicle as required in terms of the National road Traffic Amendment Act 1998 (as amended) {Regulation 251 (1)} This exception applies if the said person has held a PrDP but has not renewed it and is applicable to all drivers of 9 (i) goods vehicles with a GVM exceeding 3,500kg (ii) breakdown vehicles (iii) buses (iv) mini-buses with a GVM exceeding 3,500kg or with 10 or more seats (including the driver) (iv) motor vehicles conveying persons for reward (v) motor vehicles conveying more than 9 persons (vi) but this shall not apply if the insured was unaware that the driver was unlicensed and the insured can prove to the satisfaction of the company that, in normal course of his business, procedure are in operation to ensure that only licensed drivers are permitted to drive insured vehicles provided that any driver shall be deemed to be licensed to drive the vehicle if he is complying with the licensing laws relating to any of the territories referred to under Specific exception (b), or if a license is not required by law, or while such driver is learning to drive and is complying with the laws relating to learner drivers. (d) Any accident injury loss or damage and or liability caused sustained or incurred while any vehicle in respect of or in connection with which this insurance is granted is not the subject of a valid permit to operate as a taxi. (e) Any claim arising out of liability assumed by the insured under a contract undertaking or agreement where such liability would not have attached to the insured in the absence of such contract undertaking or agreement. Conditions applying to all sections This policy and Schedule shall be read together as one contract and any word or expression to which a specific meaning has been attached in any part of this policy or schedule shall bear such specific meaning wherever it may appear. If, during the currency of this section, any driver s license in favor of the insured or his authorised driver is endorsed, suspended or cancelled, or if he or they shall be charged or convicted of negligent, reckless or improper driving, notification shall be sent in writing to the company immediately the insured has knowledge of such fact. Notice shall be given as soon as possible to the company of any accident or loss or damage and if such notice is not initially given in writing it shall be confirmed in writing giving full particulars and delivered to the company within 30 days after the occurrence of such accident or loss or damage. Every letter claim writ summons and/or process shall be given in writing to the company immediately on receipt by the insured. Notice shall also be given in writing to the company immediately the insured shall have knowledge of any impending prosecution or inquest in respect of any occurrence which may give rise to a claim under this policy. In case of theft or other criminal act which may be the subject of a claim under this policy the insured shall give immediate notice to the Police and cooperate with the company in securing the conviction of the offender. In respect of this condition time shall be the essence of the contract.

10 No admission offer promise payment or indemnity shall be made or given by or on behalf of the insured without the written consent of the company which shall be entitled if it so desires to take over and conduct in the name of the insured the defense or settlement of any claim or to prosecute in his name for its own benefit any claim for indemnity or damages or otherwise and shall have full 10 Discretion in the conduct of any proceedings or in the settlement of any claim and the insured shall give all such information and assistance as the company may require. If at the time any claim arises under this policy there is any other insurance covering the same loss damage or liability the company shall not be liable to pay or contribute more than its ratable proportion of any loss or damage compensation cost or expense. Provided always that nothing in this Condition shall impose on the company any liability from which but for this condition it would have been relieved under (d) of 1 of Extensions to Section B. Provided that if the premium is payable in monthly installments by bank debit order should any installment be returned as unpaid then the cover provided by this policy will be deemed to have ceased as from midnight on the last day of the previous month for which premium was received. Should the insured tender payment of the premium subsequent to the unpaid debt order becoming apparent the company may at its sole discretion accept payment and reinstate cover from a date to be decided by the company. At any time after the happening of any event giving rise to a claim or series of claims under section B of this policy the company may pay to the insured the full amount of the company s liability under that Section (but deducting therefrom any sum or sums paid in respect thereof) or any lesser sum for which the claim or claims can be settled and relinquish the conduct of any defense settlement or proceedings and the company shall not be responsible for any damage alleged to have been caused to the insured in consequence of any alleged action or omission of the company in connection with such defense settlement or proceedings or of the company relinquishing such conduct nor shall the company be liable for any costs or expenses whatsoever incurred by the insured or any claimant or any other person after the company shall have relinquished such conduct. The insured must take all reasonable steps to safeguard any vehicle described in the schedule from loss or damage and to maintain it in efficient condition as envisaged by the Road Traffic Ordinance Act 29 of 1989 as amended (or any replacement legislation) and the company shall have at all times free and full access to examine the Vehicle or any of its components or any driver or employee of the insured. In the event of any accident or breakdown the vehicle must not be left unattended without proper precautions being taken to prevent further damage or loss and if the vehicle is driven before the necessary repairs are effected any extension of the damage or further damage to the vehicle will be entirely at the insured s own risk. Unless otherwise expressly stated by endorsement hereon nothing contained herein shall give any rights against the company to any person other then the insured. Further the company shall not be bound by any passing interest of the insured otherwise than by death or operation of law unless the company and until the company shall hereon declare the Insurance to be continued. The extension of the company s liability in respect of any person other then the insured shall give no right of claim hereunder to such person the intention being that the insured shall in all cases claim for and on behalf of such person and the receipt of the insured shall in case absolutely discharge the company s liability hereunder. This policy may be cancelled i. By the Insured by giving 30 (thirty) days notice in writing to the company. and the company will retain a pro rata premium. ii. By the company by giving 30 (thirty) days notice in writing to the insured at his last known address and the company will retain a pro rata premium.

11 Provided that if the premium is payable in monthly installments by bank debit order should any installment be returned as unpaid then the cover provided by this policy will be deemed to have ceased as from midnight on the last day of the previous month for which premium was received. 11 Should the insured tender payment of the premium subsequent to the unpaid debt order becoming apparent the company may at its sole discretion accept payment and reinstate cover from a date to be decided by the company The due observance and fulfillment of the terms conditions and endorsements of this policy by insured insofar as they relate to anything to be done or complied with by the insured and the truth of the statement and answers in the said proposal shall be conditions precedent to any liability of the company to make any payment under this policy. No waiver of any of the terms conditions and endorsements of this policy shall be valid unless made in writing signed by a duly authorised officer of the company. In the event of the company disclaiming liability in respect of any claim and legal action not be commenced within three months after such disclaimer all benefit under this policy in respect of such claim shall be forfeited In no case whatsoever shall the company be liable under this policy after the expiration of twelve months from the happening of the event unless the claim is the subject of pending action or is a claim under Section B If a claim is made which is in any way unfounded or fraudulent or intentionally exaggerated or if any false declaration or statement is made in support of the claim or if any loss or damage or liability is caused by the willful act or with the connivance of the insured all benefit under this policy will be forfeited. Premium is payable on or before the inception date or renewal date as the case may be. The company shall not be obliged to accept premium tendered to it or to any intermediary after such date but may do so upon such terms as it in its sole discretion may determine.