产品责任险附加条款.doc

01. Claim Made Basis Clause以索赔提出为基础批单（期内索赔式）It is hereby agreed and amended:1. This insurance apply to bodily injury and property damage resulting from an occurrence which first commences on and after the retroactive date designated in schedule, only if:(1)A claim for damage because of bodily injury and property damage is first made in writing against any insured during the policy period 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 any insured or by the Company, whichever comes first;(2) All claim for damage because of bodily injury to the same person as a result of an occurrence, will be deemed to have been made at the time the first of those claims is made against any insured;(3) All claim for damage because of property damaged causing loss to the same person or organization as a result of an occurrence, will be deemed to have made at the time the first of those claim is made against any insured.02. Occurrence Basis Clause “日落条款”以事故发生为基础批单（期内发生式）It is hereby agreed and amended:1. This 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” and/or “property damage” is first made in writing against the insurer of this Policy by any insured before (a reporting time limit not exceed 5 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 because of “bodily injury” to the same person as a result of an occurrence, will be deemed to have been made at the time the first of those claims is made against the insurer;(3)“All claim” for damage because of “property damage” causing loss to the same person or organization as a result of an occurrence, will be deemed to have made at the time the first of those claim is made against the insurer.03. All Cost within the Limit of Indemnity subject to Self Insured Retention所有索赔处理费用（适用自负额）包含在赔偿限额内It is agreed that the supplementary payments under the policy are within the limits of insurance shown in the declarations.Our right and duty to defend cease when we have used up the applicable limit of insurance in the payment of judgements, settlements or supplementary payments.Our obligation to pay the supplementary payments applies only in excess of any Self Insured Retention amounts stated in the Declarations.SELF-INSURED RETENTION (PER CLAIM)1. 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$50,000.00 per claim. Self-Insured Retention (hereinafter referred to as the “Retention Amount”).The Retention Amount:(a) shall apply only to “occurrences” covered under this policy , and (b) shall apply separately to each claim arising out of such : “occurrence”, and(c) shall include all Supplementary Payment of policyYour bankruptcy, insolvency or inability to pay the Retention Amount shall not increase our obligation under this policy .2. We shall have the right but not the duty to participate with you at our own expense in the defense or settlement of any claim or suit seeking damages covered under this policy. In the event 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 of the retention amount.3. 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 for the full retention amount before the limits of insurance under this policy apply.04. Employees Bodily Injury Exclusion雇员身体伤害除外条款（或称为雇主责任除外条款）Notwithstanding 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 Policy.05. Punitive/Exemplary Damage Exclusion惩罚性赔偿/罚金除外条款It is agreed that such coverage as is afforded by this policy shall not apply to fines, penalties, punitive or exemplary damages against the named insured.06. War and Terrorism Exclusion战争及恐怖主义除外条款（采用美国政府对恐怖主义之定义）It 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 or 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.All other terms and conditions of the policy remain the same.07. Absolute Pollution Exclusion绝对污染除外条款Notwithstanding anything to the contrary contained in this Policy, it is agreed that this policy shall not apply:A. 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;B. To any 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. C. 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) and/or 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 underlying.Subject otherwise to the terms exceptions and conditions of this Policy.08. Absolute Asbestos Exclusion 绝对石棉污染除外条款Notwithstanding anything to the company contained in this Policy, it is agreed that this policy shall not apply: A. 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; B. 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; C. To any obligation to defend any suit or claim against the insured alleging personal injury, 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) and/or 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.Subject otherwise to the terms exceptions and conditions of this policy.09. Nuclear Energy Liability Exclusion核能责任除外条款It 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:1. 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(2) Resulting 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 1954, or 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 of America, or any agency thereof, under any agreement entered into by the United Stated of America, or any agency thereof, with any person or organization. B. Under any Medical Payments coverage, to expenses incurred with respect to Bodily Injury resulting from the Hazardous Properties of Nuclear Material and arising out of the operation of a Nuclear Facility by any person or organization.C. Under any Liability Coverage, to Bodily Injury or Property Damage resulting from the Hazardous Properties of Nuclear Material:(1) The Nuclear Material (a) is at any Nuclear Facility owned by, or operated by or on behalf of, an Insured or (b) has been discharged or dispersed therefrom;(2) The Nuclear Material is contained in Spent Fuel or Waste at any time possessed, handled, used, processed, stored, transported or disposed of by or on behalf of an Insured, or(3) The Bodily Injury or Property Damage arises out of the furnishing by an Insured of services, materials, parts or equipment in connection with the planning, construction, maintenance, operation or use of any Nuclear Facility, but if such facility is located within the United States of America, its territories or possessions or Canada, this exclusion (3) applies only to Property Damage to such Nuclear Facility and any property thereat.2. As used in this endorsement:Hazardous Properties include radioactive, toxic or explosive properties.Nuclear Material means Source Material, Special Nuclear Material or By-Product Material.Source Material, Special Nuclear Material and By-Product Material have the meanings given to them in the Atomic Energy Act of 1954 or in any law amendatory thereof.Spent Fuel means any fuel element or fuel component, solid or liquid, which has been used or exposed to radiation in a Nuclear Reactor.Waste means any waste material (a) containing By-Product Material other than the tailing or wastes produced by the extraction or concentration of uranium or thorium from any one processed primarily for its Source material content, and (b) resulting from the operation by any person or organization of any Nuclear Facility included under the two paragraphs of the definition of Nuclear Facility.Nuclear Facility means:(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,(c) 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 equipment or device is located consists of or contains more than 25 grams of plutonium or uranium 233 or any combination thereof, or more than 250 grams of uranium 235,(d) Any structure, basin, excavation, premises or place prepared or used por the storage or disposal of Waste,and includes the site on which any of the foregoing is located, all operations conducted on such site and all premises used for such operations.Nuclear Reactor means any apparatus designed or used to sustain nuclear fission in a self-supporting chain reaction or to contain a critical mass of fissionable material.Property Damage includes all forms of radioactive contamination of property.Subject otherwise to the terms exceptions and condition of this Policy.10. Additional Insured Clause-Vendors Designated Form销售商扩展条款（指定经销商）Name of Person or Organization (Vendor)For Example:AMES DEPT. STORESP.O.BOX 4096, ROCKY HILL, CT 06067BRANDSMART U.S.A.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.1.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.2.The 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.11. Additional Insured Clause-Vendors Broad Form销售商扩展条款（不指定经销商）It is agreed that the “Persons Insured” provision is amended to include any person or organization (designated below) (herein referred to as “vendor”) as an Insured, but only with respect to the distribution or sale in the regular course of the vendors business of the named insureds products (designated below) subject to the following additional provisions:1.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 othe