1987年7月20日协会渔船保险条款
1987年7月20日协会渔船保险条款
郭国汀
【关键词】协会保险条款、渔船保险条款
【全文】
1987年7月20日协会渔船保险条款
（Institute Fishing Vessel Clauses）
This insurance is subject to English law and practice.
本保险受英国法律和惯例制约
第1条 航行与移上岸条款
1 NAVIGATION AND REMOVALS ASHORE
1.1 The Vessel is covered subject to the provisions of this insurance at all times and 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 with the exception of catch the Vessel shall not carry cargo or containers for the carriage of cargo and 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 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 Any part or parts of the subject-matter insured are covered subject to the provisions of this insurance whilst ashore for the purpose of repair, overhaul or refitting, including transit from and to the Vessel.
1.3 In the event of the Vessel sailing with an intention of being (a) broken up, or (b) sold for breaking up, any claim for loss of or damage to the Vessel occurring subsequent to such sailing shall be limited to the market value of the Vessel as scrap at the time when the loss or damage is sustained, unless previous notice has been given to the Underwriters and any amendments to the terms of cover, insured value and premium required by them have been agreed. Nothing in this Clause 1.3 shall affect claims under Clauses 8, 18 or 20.
1.1 保险船舶在所有时间根据保险的各项规定承保，并许可在有或没有引航员的情况下开航或试航及协助，拖带遇险船舶或驳船，但保证除了捕获的鱼之外，不得运载货物或装载货物的集装箱，渔船不得被拖带，除非是习惯性的，或当需要时被拖带至第一个安全港口或地点，也不得根据被保险人、船舶所有人、管理人和/或承租人事先安排的合同从事拖带或救助服务。但本1.1款不排除与装卸有关的习惯拖带。
1.2 当船舶为修理、检修、整修的目的上岸，包括往来岸上的通行期间，保险标的的任何部分均根据本保险各条款承保。
1.3 如果保险船舶开航旨在(a) 拆船或(b) 为拆船而出售，那么对保险船舶在此种开航后发生的灭失或损害的任何索赔，应限于船舶灭失和损坏时报废船舶的市场价值，除非事先已通知保险人，并已同意修改保险条款、保险价值和保险人要求的保险费。本1.3款不影响根据第8，18或20条的索赔。
第2条 延续条款
2 CONTINUATION
Should the Vessel at the expiration of this insurance be at sea or in distress or at a port of refuge or of call, she shall, provided previous notice be given to the Underwriters, be held covered at a pro rata monthly premium to her port of destination.
如果在本保险期届满时，保险船舶在海上或在遇难中，或在避难港或中途港，若事先通知保险人，并按月比例支付超期保险费，船舶将被继续承保直至抵达目的港为止。
第3条 违反保证条款
3 BREACH OF WARRANTY
Held covered in case of any breach of warranty as to locality, towage, salvage services or date of sailing, provided notice be given to the Underwriters immediately after receipt of advances and any amended terms of cover and any additional premium required by them be agreed.
当任何有关船位、拖带、救助服务或开航日期的保证被违反时，若被保险人知悉后立即通知保险人，并同意保险人要求的承保条款的任何修改及附加保险费，本保险继续承保。
第4条 终止条款
4 TERMINATION
This Clause 4 shall prevail notwithstanding any provision whether written typed or printed in this insurance inconsistent therewith.
Unless Underwriters agree to the contrary in writing, this insurance shall terminate automatically at the time of
4.1 change of the Classification Society of the Vessel, or change, suspension, discontinuance, withdrawal or expiry of her Class therein provided that if the Vessel is at sea such automatic termination shall be deferred until arrival at her next port or until the expiry of fifteen days, whichever shall first occur. However where such change, suspension, discontinuance or withdrawal of her Class has resulted from loss or damage covered by Clause 6 of this insurance or which would be covered by an insurance of the Vessel subject to the current Institute War and Strikes Clauses Hulls-Time such automatic termination shall only operate should the Vessel sail from her next port without the prior approval of the Classification Society.
4.2 any change, voluntary or otherwise, in the ownership or flag, transfer to new management or charter on a bareboat basis, provided that if the Vessel is at sea such automatic termination shall, if required, be deferred until arrival at her next port or until the expiry of fifteen days, whichever shall first occur.
