产品责任险条款.doc

01Occurrence Basis ClauseIt is hereby agreed and amended：1This insurance applies to “bodily injury” and/or“property damage”resulting from an occurrence which happens during the policy period described in the schedule，only if: (1)A claim for damage because of“bodily injury”andor“property damage”is first made in writing against the insurer of this Policy by any insured before(a reporting time limit not exceed 3 years from inception and (2)Any insured did not know or could not have reasonably foreseen such occurrence at the effective date of this Policy.2 .As used in this endorsement： (1)“A claim”by a person or organization seeking damage will be deemed to have been made when written notice of such claim is received by the insurer； (2)“All claim”for damage becanse of“bodily injury”to the same person as a resuIt ofan occu丌ence、will be deemed to have been made at the time the first ofthose claims is made against the lnsurer：PICCPROPERTYANDCASUALTYCOMPANYLIMITEDPage 7 ofl4PRODUCTS LIABITY INSURANCE POLICY (3)“A】I claim”for damage because of“property damagecausing loss to the same person or orgmization as a result of an occurrence，will be deemed to have made at the time the first Of thOse claim is made against the insurerThis Clanse is subject otherwise to fhe terms，conditions and exceptions ofthis Policy02ACosts within the Limit ofIndemnity subject to SerfInsured RetetionIts aeed that the supplementay payments under the policy are within the limits of InsLuance shown in thedeclarationsOur right and duty to dend cease when we have used up the applicable limit of insurance in the Davment Ofjudgements，seltlements or supplementary paymentsOur obligation to pay the supplementary payments applies only in excess of any Self Insured Retention arnountsstated in the Declarations SELFINSURED RETENTION(PER CLAIM)】_Inconsideration of the premium charged，it is agreed the Limits of Insurance for each Of the coverages provided by this policy will apply excess of a US$30,00000 per claim SelSInsured Retention fhereinafter referred to as the“Retention Amount)The Retention Amount：(I)shall apply only to“occurrences”covered under this policyand(2)shall apply separately to each claim arising out of such“occurrence”and(3)shall include all Supplementary Payment ofpolicyYour bankruptcy，insolvency or inability to pay the Retention Amount shah not increase Our Obli。gaffon under thispolicy2 We shall have the right but not the duty to participate with you at our own expense in thc defense of settlement ot any clan or suit seeking damages covered under this policy hi the evefit of a claim or suit which in our reasonable Judgment may result in payments，including supplementary payments，in an amount in excess of the retention amount，we may assume control of the defense or such claim of suit You will continue to be responsible for the payment ofthe retention amount3 in the event there is any other insurance，whether or not collectible，applicable to an“occurrence”claim or suit within the retention amount，you will continue to be responsible fbr the full retention amOunl before the limits ofinsurance under this policy apply 03Loss Adjuster Clause-GAB Robins North America，heIt is hereby declared and agreed that th。qualified international loss adjuster GAB Robins North AmericaTnc would be appointed to investigate and adjust the loss，the current contact information as below GAB Robins North America，IncOne Oak Hill CenterSuite20 1Westmont，IL 60559USAgielggabrobins cornTel 630 203 2410 Ext 468Fax 630 655 552IPICCPROPERTYANDCASUALTYCOMPANYLIMITEDPage 80f1404.30 Days Cancellation ClauseNotwithstanding anything to the contrary contained in the Terms and conditions of this policy，this insurance may at any time be terminated at the option of the Company on 30 days notice to that effect being given to the insured (as circumstances may allow)in which case the Company shall be liable to repay on demand a ratable proportion of the premium for the unexpired term from the date of the cancellation.This Clause is subject otherwise to the terms，conditions and exceptions of this Policy.05Batch ClauseIt is agreed that all damages arising out of one lot of goods or products，prepared or acquired by the named insured，or by another trading under his name，shall be considered as arising out of one occurrence or resulting from a single incident, one lot of goods or products shall be interpreted to include a1l goods or products subject to substantially the same error or defect.06.Warranted that a11 the insured products are in full compliance to related mandatory &or voluntary safety standards &or other applicable regulations where the products are distributed to 07Additional Insured Clause-Vendors Designated Form Name of Person or Organization (Vendor)：Any vendor is an insured，but only with respect to bodily injury or property damage arising out of the distribution or sale of your products in the regular course of that vendors business. l. The insurance with respect to the vendor does not apply to：(a) any express warranty unauthorized by the name insured；(b) bodily injury or property damage arising out of (i) any physical or chemical change in the form of the product made intentionally by the vendor, (ii) repacking，unless unpacked solely for the purpose of inspection，demonstration，testing or the substitution of parts under instruction from the manufacturer and then repacked in the original container, (iii) demonstration，installation，servicing or repair operations，except such operations performed at the vendors premises in connection with the sale of the product, (iv) any failure to make such inspection，adjustments，tests or servicing as the vendor has agreed to make of normally undertakes to made in the usual course of business，in connection with the distribution or sale of the products； (v) products which after distribution or sale by the Named Insured have been labeled or relabeled or used as a container，part or ingredient of any other thing or substance by or for the vendor.2The insurance does not apply to any person or organization，as insured，from whom the Named Insured has acquired such products or any ingredient，part or container，entering into，accompanying or containing such products.All other terms and conditions remain unchanged.08. Amy misrepresentation by the proposed insured, including under-declaration of actual sales may be applied as cause for policy contract rescission or cancellation09.Subject that insured products be used by child over three years oldVII. SPECJAL EXCLUSIONS 01Absolute Pollution Exclusion Notwithstanding anything to the contrary contained in this Policy，it is agreed that this policy shall not apply：1. To any personal injury or property damage arising out of the actual or threatened discharge，dispersal，release or escape of pollutions，anywhere in the world；2. To ally loss，cost or expense arising out of any governmental direction or request that the insured，the company or any other person or organization test for，monitor，clean up，remove，contain，treat，detoxify or neutralize pollution.3. To any loss，cost or expense，including but not limited to costs of investigation or attorneys fees，incurred by a government unit or any other person or organization to test for，monitor，clean up，remove，contain，treat，detoxify or neutralize pollutions.“Pollutions”means any solid，liquid，gaseous or thermal irritant or contaminant，including smoke，vapor，soot，fumes，acids，alkalis，chemicals and waste materials. Waste materials include materials which are intended to be or have been recycled reconditioned or reclaimed.Further，should the underlying limits become impaired or exhausted for claim(s) payment(s) andor loss adjustment expense(s) excluded by this endorsement，coverage provided by this policy will not drop down over the impaired or exhausted underlying limits，however，the policy will continue to respond for covered claims in excess of the limits stated in the declaration page as underlyingThis Clause is subject otherwise to the terms，conditions and exceptions of this Policy.02Absolute Asbestos ExclusionNotwithstanding anything to the company contained in this Policy，it is agreed that this policy shall not apply：1. To any liability for property damage，personal injury，sickness，disease，occupation disease，disability，shock，death，mental anguish or mental injury at any time arising our of the manufacture of ,mining of, use of, sale of，installation of, removal of, distribution of, or exposure to asbestos，asbestos products，asbestos fibers or asbestos dust;2. To any obligation of the insured to indemnify any party because of damages arising our of such property damage，personal injury，sickness，disease，occupation disease，disability，shock，death，mental anguish or mental injury at any time as a result of the manufacture of, mining of, use of, sale of, installation of, removal of, distribution of or expense to asbestos，asbestos products，asbestos fibers or asbestos dust；3. To any obligation to defend any suit or claim against the insured alleging personainjury，or property damage，if such suit or claim arises from personal injury or property damage resulting from or contributed to，by any and all manufacture of, mining of, use of, sale of, installation of, removal of, distribution of, or exposure to asbestos，asbestos products，asbestos fibers or asbestos dust.Further，should the underlying limits become impaired or exhausted for claim(s)payment(s)andor loss adjustments expense(s)excluded by this endorsement，coverage provided by this policy will not drop down over the impaired or exhausted underlying limits，however，the policy will continue to respond for covered claims in excess if the limits stated in the declaration page as underlying.This Clause is subject otherwise to the terms，conditions and exceptions of this Policy.03Lead ExclusionThis insurance does not apply to any injury，damage，expense，cost，loss，liability or legal obligation arising out of or in any way related to the toxic properties of lead or leadcontaining products，materials or substances This exclusion applies to all forums of lead including but not limited to solid，liquid，vapor and fumes.This Clause is subject otherwise to the terms，conditions and exceptions of this Policy04War and Terrorism ExclusionIt is hereby declared and agreed that this endorsement modifies insurance provided under the following：Under any “Exclusions” Section， War is deleted in its entirety and replaced with the following：“Bodily injury”,“property damage” “personal injury” or “advertising injury”due to war, whether or not declared，or any act or condition incident to war. War includes civil war，insurrection，invasion，act of foreign enemy，civil commotion，factional civil commotion， military or usurped power，rebellion or revolution.All“Exclusions”Sections，is amended with the addition of the following exclusion：“Bodily injury or “property damage” arising directly or indirectly as a result of or in connection with “terrorism” including，but not limited to，any contemporaneous or ensuing “bodily injury” or “property damage” caused by fire，looting or theft.“Terrorism”means the use or threatened use of force violence against person or property，or commission of an act dangerous to human life or property，or commission of an act that interferes with or disrupts an electronic or communication system, undertaken by any person or group，whether or not acting on behalf of or in connection with any organization，government，power，authority or military force，when the effect is to intimidate or coerce a government, the civilian population or any segment thereof, or to disrupt any segment of the economy.Terrorism shall also include any act which is verified or recognized by the United States Government as an act of terrorism. This Clause is subject otherwise to the terms, conditions and exceptions of this Policy.05Employees Bodily Injury ExclusionNotwithstanding anything to the contrary contained in this Policy，it is agreed that this Policy shall not apply to any liability for bodily injury，sickness，disease，occupational disease，disability，shock，mental anguish or mental injury, including death at any time resulting therefrom, sustained by an employee of the Insured，and arising out of and in the course of his employment by the Insured.Subject otherwise to the terms exceptions and conditions of the Policy06Nuclear Energy Liability ExclusionIt is hereby understood and agreed that notwithstanding anything to the contrary contained in this policy，the insurance is subject to the Nuclear Energy Liability Exclusion as follows：l. The insurance dose not apply： A. Under any Liability Coverage to Bodily Injury or Property Damage： (1) With respect to which an Insured under the policy is also an insured under a nuclear energy liability policy issued by Nuclear Energy Liability Insurance ASSOCIATION，mutual Atomic Energy Liability Underwriters，Nuclear Insurance Association of Canada or any of their successors，or would be an insured under any such policy but for its termination upon exhaustion of its limit of liability; or f2、Resuiting from the Hazardous Properties of Nuclear Material and with respect to which(a)any person or organization is required to maintain financial protection pursuant to the Atomic Energy Act of 1954or any law amendatory thereof,or(b)the Insured is，or had this policy not been issued would be entitled to indemnity from the United States ofAmerica，of any agency thereog under any agreement entered into by the United Stated ofAmerica，or any agency thereowith any person o。 organization B Under any Medical Payments coverage，to expenses incued with respect to Bodily Injury resulting 胁m the Hazardous Properties ofNuclear Material and arising out ofthe operation ofa Nuclear Facility by any person or organization， C Under any Liability Coverage，to Bodily Injury or Property Damage resulting from the Hazardous Properties ofNuclear Material： (1)The Nuclear Material(a1 is at any Nuclear Facility owned by，or operated by or on behalf of,an Insured or fb)has been discharged or dispersed therefrom； f2、The Nuclear Material is contained in Spent Fuel or Waste at any time possessed，handled，used， processed，stored，transported or disposed ofby or on behalfofan Insured，or (3)The Bodily Injury or Property Damage arises out of the furnishing by an Insured of services， materialsparts or equipment in connection with the planning，construction，maintenance，operation or use ofanyNuclearFacility，butif suchfacilityislocatedwithintheUnited States ofAmerica，its territories or possessions or Canada，this exclusion(3)applies only to Property Damage to such Nuclear Facility and any property thereat2 As used in this endorsement： Hazardous Properties lnclude radioactive，toxic or explosive properties Nuciear Material means Source Material，Special Nuclear Material or ByProduct Material S0urce Material，Special Nuclear Material and ByProduct Material have the meanings given to them 111 the Atomic Energy Act of 1954 or in any law amendatory thereof Spent Fuel means any fuel element or filet component，solid or liquid，which has been used or exposed to radiation in a Nuclear Reactor Waste means any waste material(a)containing ByProduct Material other than the tailing or wastes produced bv the extraction or cOncentration of uranium or thorium from any one processed primarily for its Source material c0tent，and(b)resulting from the operation by any person or organization of any Nuclear Facility included under the two paragraphs ofthe definition ofNuclear Facility Nuclear Facility lueansl (a)Any Nuclear Reactor (b)Any equipment or device designed or used for(1)separating the isotopes of uranium or plutonium，(2) processing or utilizing Spent Fuel，or(3)handling，processing or packaging Waste， fc)Any equipment or device used for the processing，fabricating or alloying of Special Nuclear Material if at any time the total amount of such material in the custody of the Insured at the premises where such eauipment or device is located consists of or contains more than 25 grams of plutonium or uranium 233 or any combination thereoor more than 250 grams ofuranium 235， (d)Anv structure，basin，excavation，premises or place prepared or used for the storage or disposal ofWaste， and includes the site on which any of the foregoing is located，all operations conducted on such site and all Dremlses used tor suell operations而_cPR面面rY面五iAsuALTY COMPANY LIMITED Page 12 ofl4PRoDUCTS LIABILITY INSURANCE POLICY Nuclefir Reactor means any apparatus designed or used to sustain nuclear fission in a self-supporting chain reaction or to contain a critical mass offissionable material Property Damage includes all forms of radioactive contamination ofpropertyThis Clause is subject otherwise to the terms，conditions and exceptions ofthis Policy07PunitiveExemplary Damage ExclusionIt is agreed that such coverage as is afforded by this policy shall not apply to fines，penalties，punitive orexemplary damages against the named insuredThis Clause is subject otherwise to fhe termsconditions and exceptions ofthis Policy08Product RecalI，Guarantee ExclusionThe Company will not indemnify the Insured：l In resDect ofthe failure ofa product or part thereofto perform the function for which it was intended2 In respect of loss of or damage to the produc