1995年11月1日协会船舶营运费用和增值定期保险条款(全损险包括额外责任)
1995年11月1日协会船舶营运费用和增值定期保险条款(全损险包括额外责任)
郭国汀
【关键词】船舶保险、船舶营运费用、增值、定期保险、全损险、额外责任
【全文】
1995年11月1日协会船舶营运费用和增值定期保险条款
(全损险,包括额外责任)
Institute Time Clauses, Hulls: Disbursements and Increased Value (Total Loss only, including Excess Liabilities)
第1至第5条:航行;延续;违反保证;船级和终止条款。(Navigation; Continuation; Breach of Warranty; Classification and Termination)
本保险受英国法律和惯例制约。
第1条 航行条款
1 NAVIGATION
1.1 The subject-matter insured is covered subject to the provisions of this insurance at all times and the Vessel has leave to sail or navigate with or without pilots, to go on trial trips and to assist and tow vessels or craft in distress, but it is warranted that the Vessel shall not be towed, except as is customary or to the first safe port or place when in need of assistance, or undertake towage or customary or to the first safe port or place when in need of assistance, or undertake towage or salvage services under a contract previously arranged by the Assured and/or Owners and/or Managers and/or Charterers. This Clause 1.1 shall not exclude customary towage in connection with loading and discharging.
1.2 This insurance shall not be prejudiced by reason of the Assured entering into any contract with pilots or for customary towage which limits or exempts the liability of the pilots and/or tugs and/or towboats and/or their owners when the Assured or their agents accept or are compelled to accept such contracts in accordance with established local law or practice.
1.3 The practice of engaging helicopters for the transportation of personnel, supplies and equipment to and/or from the Vessel shall not prejudice this insurance.
1.4 In the event of the Vessel being employed in trading operations which entail cargo loading or discharging at sea from or into another vessel (not being a harbour or inshore craft) no claim shall be recoverable under this insurance in respect of loss of or damage to the subject-matter insured or for liability to any other vessel arising from such loading or discharging operations, including whilst approaching, lying alongside and leaving, unless previous notice that the Vessel is to be employed in such operations has been given to the Underwriters and any amended terms of cover and any additional premium required by them have been agreed.
1.5 In the event of the Vessel sailing (with or without cargo) with an intention of being(a) broken up, or (b) sold for breaking up, no claim shall be recoverable under this insurance in respect of loss or damage to the Vessel occurring subsequent to such sailing unless previous notice has been given to the Underwriters and any amendments to the terms of cover, amount insured and premium required by them have been agreed.