18.3 保险人对未修理的损害的赔偿责任,不应超过本保险终止时的保险价值。
第19条 推定全损(Construction Total Loss)
19 CONSTRUCTION TOTAL LOSS
19.1 In ascertaining whether the Vessel is a constructive total loss, the insured value shall be taken as the repaired value and nothing in respect of the damaged or break-up value of the Vessel or wreck shall be taken into account.
19.2 No claim for constructive total loss based upon the cost of recovery and/or repair of the Vessel shall be recoverable hereunder unless such cost would exceed the insured value. In making this determination, only the cost relating to a single accident or sequence of damages arising from the same accident shall be taken into account.
19 推定全损
19.1 在确定船舶是否构成推定全损时,船舶的保险价值应以船舶修理后的价值为准,不应考虑船舶或残骸的受损或解体价值。
19.2 基于保险船舶的恢复和/或修理费用不能据此得到赔偿,除非此种费用已超过保险价值。在作此项决定时,仅应考虑与单一事故或由于同一事故引起的后续损害赔偿有关的费用。
第20条运费弃权(Freight waiver)
20 FREIGHT WAIVER
In the event of total or constructive total loss no claim to be made by the Underwriters for freight whether notice of abandonment has been given or not.
20 运费弃权
若发生全损或推定全损,无论是否经予委付通知,保险人均不对运费提出请求。
根据第20条保险人放弃当船舶全损或推定全损时正在赚取的运费的权利,因此,该运费仍属船舶所有人的财产。
第21条 转让条款(Assignment)
21 ASSIGNMENT
No assignment of or interest in this insurance or in any moneys which may be or become payable thereunder is to be binding on or recognized by the Underwriters unless a dated notice of such assignment or interest signed by the Assured, and by the assignor in the case of subsequent assignment, is endorsed on the Policy and the Policy with such endorsement is produced before payment of any claim or return of premium thereunder.
21 转让
本保险利益或依本保险得付或应付款项的转让,除非经被保险人,和在后续转让时经受让人,签暑载有日期的此种转让通知批注在保险单上,并在支付赔偿或退还保险费前,将如此批注的保险单提交给保险人,不约束保险人,或被保险人承认。
第22条 船舶营运费用保证条款(Disbursements warranty)
22 DISBURSEMENTS WARRANTY
22.1 Additional insurance as follows are permitted:
22.1.1 Disbursements, Managers’ Commissions, Profits or Excess or Increased Value of Hull and Machinery. A sum not exceeding 25% of the value stated herein.
22.1.2 Freight, Chartered Freight or Anticipated Freight, insured for time. A sum not exceeding 25% of the value as stated herein less any sum insured, however described, under 22.1.1.
22.1.3 Freight or Hire, under contracts for voyage. A sum not exceeding the gross freight or hire for the current cargo passage and next succeeding cargo passage (such insurance to include, if required, a preliminary and an intermediate ballast passage) plus the charges of insurance. In the case of a voyage charter where payment is made on a time basis , the sum permitted for insurance shall be calculated on the estimated duration of the voyage, subject to the limitation of two cargo passages as laid down herein. Any sum insured under 22.1.2 to be taken into account and only the excess thereof may be insured, which excess shall be reduced as the freight or hire is advanced or earned by the gross amount so advanced or earned.
22.1.4 Anticipated Freight if the Vessel sails in ballast and not under Charter. A sum not exceeding the anticipated gross freight on next cargo passage, such sum to be reasonably estimated on the basis of the current rate of freight at time of insurance plus the charges of insurance. Any sum insured under 22.1.2 to be taken into account and only the excess thereof may be insured.
22.1.5 Time Charter Hire or Charter Hire for Series of Voyages. A sum not exceeding 50% of the gross hire which is to be earned under the charter in a period not exceeding 18 months. Any sum insured under 22.1.2 to be taken into account and only the excess thereof may be insured, which excess shall be reduced as the hire is advanced or earned under the charter by 50% of the gross amount so advanced or earned but the sum insured need not be reduced while the total of the sums insured under 22.1.2 and 22.15 does not exceed 50% of the gross hire still to be earned under the charter. An insurance under this Section may begin on the signing of the charter.
22.1.6 Premiums. A sum no exceeding the actual premiums of all interests insured for a period not exceeding 12 months (excluding premiums insured under the foregoing sections but including, if required, the premium or estimated calls on any Club or War etc. Risk insurance) reducing pro rata monthly.
22.1.7 Returns of Premium. A sum not exceeding the actual returns which are allowable under any insurance but which would not be recoverable thereunder in the event of a total loss of the Vessel whether by insured perils or otherwise.
22.1.8 Insurance irrespective of amount against: Any risks excluded by Clauses 24, 25, 26 and 27 below.
22.2 Warranted that no insurance on any interests enumerated in the foregoing 22.1.1 to 22.1.7 in excess of the amounts permitted therein and no other insurance which includes total loss of the Vessel P.P.I., F.I.A., or subject to any other like term, is or shall be effected to operate during the currency of this insurance by or for account of the Assured, Owners, Managers or Mortgagees. Provided always that a breach of this warranty shall not afford the Underwriters any defence to a claim by a Mortgagee who has accepted this insurance without knowledge of such breach.
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