311船舶保险条款(中英文)

1、船舶保险条款 本保险的保险标的是船舶，包括其船壳、救生艇、机器、设备、仪器、索具、燃料和物 一、责任范围 (一) 1. 2. 3. 4. 5. 6. 7. (1) (2) (3) (4) (5) 任何政府当局，为防止或减轻因承保风险造成被保险船舶损坏引起的污染，所采取 （二） 1. (1) 本保险负责因被保险船舶与其他船舶碰撞或触碰任何固定的、浮动的物体或其他物 a. b. c. d任何财产或物体的污染或沾污(包括预防措施或清除的费用)，但与被保险船舶发生碰 e. (2) 当被保险船舶与其他船舶碰撞双方均有过失时，除一方或双方船东责任受法律限制 外，本条项下的赔偿应按交叉责任的原则计算。当被保

2、险船舶碰撞物体时，亦适用此原则。 (3) 本条项下保险人的责任 (包括法律费用 )是本保险其他条款项下责任的增加部分，但对 2. (1) 本保险负责赔偿被保险船舶的共同海损、救助、救助费用的分摊部分。被保险船舶 若发生共同海损牺牲， 被保险人可获得对这种损失的全部赔偿， 而无须先行使向其他各方索 （2）共同海损的理算应按有关合同规定或适用的法律或惯例理算，如运输合同无此规定， （3）当所有分摊方均为被保险人或当被保险船舶空载航行并无其他分摊利益方时，共损 理算应按北京理算规则 （第 5 条除外 ）或明文同意的类似规则办理，如同各分摊方不属同 一人一样。该航程应自起运港或起运地至保险船舶抵达除避

3、难港或加油港外的第一个港口为 3. 施 （1）由于承保风险造成船舶损失或船舶处于危险之中，被保险人为防止或减少根据本保 险可以得到赔偿的损失而付出的合理费用， 保险人应予以赔付。 本条不适用于共同海损、 救 （2）本条项下保险人的赔偿责任是在本保险其他条款的赔偿责任以外，但不得超过船舶 二、除外责任 本 （一）不适航，包括人员配备不当、装备或装载不妥，但以被保险人在船舶开航时， 三）被保险人克尽职责应予发现的正常磨损、锈蚀、腐烂或保养不周，或材料缺陷 （四）本公司战争和罢工险条款承保和除外的责任范围。 三、免赔额 每次事故要扣除保险单规定的免赔额 （不包括 碰撞责任、救助、共损、施救的索赔）

4、四、海 运 否则，本保险 除非事先征得保险人的同意并接受修改后的承保条件和所需加付的保费， 在海上直接装卸货物，包括驶 五、保险期限 （一） 期限最长一年。 起止时间以保险单上注明的日期为准。 保险到期时， 如被保险船舶尚在航行中或处于危险中或在避难港或中途港停靠， 经被保险人事先通知保险 人并按日比例加付保险费后， 本保险继续负责到船舶抵达目的港为止。 保险船舶在延长时间 1. 2. 载货船舶：自起运港装货时开始到目的港卸货完毕时终止。但自船舶抵达目的港当日 六、保险终止 或船舶等级变动、 注销或撤回、或船舶所有权或船旗改 变、或转让给新的管理部门、 或光船出租或被征购或被征用， 除非事先书

5、面征得保险人的同 意，本保险应自动终止。 但船舶有货载或正在海上时，经要求，可延迟到船舶抵达下一个港 规定时， 被保险人在接到消息后， 应立即通知保险人并同意接受修改后的承保条件及所需加 七、保费和退费 1. 被保险船舶退保或保险终止时，保险费应自保险终止时，可按净保费的日比例计算退 2. 被保险船舶无论是否在船厂修理或装卸货物，在保险人同意的港口或区域内停泊超过 三十天时，停泊期间的保费按净保费的日比例的50%计算，但本款不适用船舶发生全损。 如果本款超过三十天的停泊期分属两张同一保险人的连续保单， 停泊退费应按两张保单所承 八、被保险人义务 （一） 应在四十八小时内通知保 险人， 如船在国

6、外， 还应立即通知距离最近的保险代理人， 并采取一切合理措施避免或减少 不应视为对委 应事先征得本公司 四） 如涉及第三者责任或费用， 被保险人应将必要的证 九、招标 被保险人要像一个精打细算未投保的船东， 此类投标经保险人同意而 被接受时，保险人补偿被保险人按保险人要求而发出招标通知日起至接受投标时止所支付的 燃料、物料及船长、船员的工资和给养。但此种赔偿不得超过船舶当年保险价值的 30% 。 如被保险人未象一个精打细算未投保 的船东那样行事， 保险人有权对船东决定的修理地点或修理厂商行使否决权或从赔款中扣除 十、索赔和赔偿 被保险人在两年内未向保险人提供有关索赔单证时， 1.被保险船舶发生

7、完全毁损或者严重损坏不能恢复原状， 或者被保险人不可避免地丧失 2.被保险船舶在预计到达目的港日期，超过两个月尚未得到它的行踪消息视为实际全 3.当被保险船舶实际全损似已不能避免，或者恢复、修理、救助的费用或者这些费用的 总和超过保险价值时， 在向保险人发出委付通知后， 可视为推定全损， 不论保险人是否接受 在向保险人发出委付通知后， 1. 2. 3.船东为使船舶适航做必要的修理或通常进入干船坞时， 被保险船舶也需就所承保的损 如船舶仅为本保险所承保的损坏必须进坞修理时， 被保险人于船舶在坞期间进行检验或 其他修理工作， 只要被保险人的修理工作不曾延长被保险船舶在坞时间或增加任何其他船坞 （四

8、） 以及被保险人委派或 以其名义行事的任何经理、 代理人、 管理或代理公司等的佣金或费用， 本保险均不给予补偿， 五） 保险人对 六） 或由同一管理机构经营的船舶之间发生碰撞或接 十一、争议的处理 被保险人与保险人之间所发生的一切争议， 需要仲裁或诉讼时， 仲裁或诉讼的地点在被 告方所在地。 China Continent Property (2) grounding, collision, contact with any object, fixed, floating or otherwise, or other perils of the seas; (3) fire or explos

9、ions; (4) voilent theft by persons from outside the vessel or piracy; (5) jettison; (6) breakdown of or acccident to nuclear installations or reactors; (7) this insurance also covers total loss of the insured vessel caused by: 1) accidents in loading, discharging or shifting cargo or fuel; 2) any la

10、tent defect in a machinery or hull of the vessel; 3) wrongful acts wilfully comitted by the master or crew to the prejudice of the Insureds interest; 4) negligence of the Master, crew or pilots, repairers or charterers; 5) acts of any governmental authority to prevent or minimize a pollution hazard

11、resulting from damage to the vessel caused by risks insured against; Provided such loss has not resulted from want of due diligence by theInsured, Owners or Managers. 2. All Risks Cover This insurance covers total loss of or partial loss of or damage to the insured vessel arising from the causes und

12、er the Total Loss Cover and also covers the undermentioned liability or expense: (1) Collision Liabilities 1) This insurance covers legal liabilities of the Insured as a consequence of the insured vessel coming into collision or contact with any other vessel, or any object, fixed, floating or otherw

13、ise. Howerer this clause does not cover any liabilities in respect of: a. loss of life, personal injury or illness; b. cargo or other property on, or engagements of, the insured vessel; c. removal or disposal of obstructions, wrecks, cargoes or any other thing whatsoever; d. pollution or contaminati

14、on of any property or thing whatsoever (including cost of preventive measures and clean-up operations) except pollution or contamination of the other vessel with which the insured vessel is in collision or property on such other vessel; e. indirect expenses arising from delay to or loss of use of an

15、y object, flxed, floating or otherwise. 2) Where the insured vessel is in collision with another vessel and both vessels are to blame, then unless the liability of one or both vessels becomes limited by law, the indemnity under this clause shall be calculated on the principle of cross-liabilities. T

16、his principle also applies when the insured vessel comes into contact with an object. 3) The Insurers liability (including legal costs) under this clause shall be in addition to his liability under the other provisions of this insurance, but shall not exceed the insured amount of the vessel hereby i

17、nsured in respect of each separate occurrence. (2) General Average and Salvage 1) This insurance covers the insured vessels proportion of general average, salvage or salvage charges, but in case of general average sacrifice of the vessel, the Insured may recover fully for such loss without first obt

18、aining contributions from other parties. 2) General average shall be adjusted in accordance with the relative contract and/or governing law and practice. However, where the contract of affreightment or carriage does not so provide, the adjustment shall be according to the Beijing Adjustment Rules or

19、 similar provisions of other rules. 3) Where all the contributing interests are owned by the Insured, or when the insured vessel sails in ballast and there are no other contributing interests, the provisions of the Beijing Adjustment Rules (excluding Article 5), or similar provisions of other rules

20、if expressly agreed, shall apply as if the interests were owned by different persons. The voyage for this purpose shall be deemed to continue from the port or place of departure until the arrival of the vessel at the first port or place of call thereafter other than a port or place of refuge or a po

21、rt or place of call for bunkering only. If at any such intermediate port or place there is an abandonment of the adventure originally contemplated the voyge shall thereupon be deemed to be terminated. (3) Sue and Labour 1) Where there is loss or damage to the vessel from a peril insured against or w

22、here the vessel is in immediate danger from such a peril, and as a result reasonable expenditure is incurred by the Insured in order to avert or minimize a loss which would be recoverable under this insurance, the Insurer will be liable for the expenses so incurred by the Insured. This clause shall

23、not apply to general average, salvage or salvage charges or to expenditure othewise provided for in this insuranec. 2) The Insurers liability under this clause is in addition to his liability under the other provisions of this insurance, but shall not exceed an amount equal to the sum insured in res

24、pect of the vessel. n . Exclusions This insurance does not cover loss, damage, liability or expense caused by: 1. unseaworthiness including not being properly mannered, equipped or loaded, provided that the Insured knew, or should have known, of such unseaworthiness when the vessel was sent to sea.

25、2. negligence or intentional act of the Insured and his representative. 3. ordinary wear and tear, corrosion, rottenness or insufficient upkeep, or defect in material which the Insured should have discovered with due diligence, or replacement of or repair to any part in unsound condition as mentione

26、d above. 4. risks coverd and excluded in the Hull War and Strikes Clauses of this Company. 川.Deductible 1. Partial loss caused by a peril insured against be payable subject to the deductible stipulated in the policy for each separate accident or occurrence (excluding claims under collision liability

27、, salvage and general average, and sue and labour). 2. Claims for damage by heavy weather occurring during a single sea passage between two successive ports shall be treated as being due to one accident. This clause shall not apply to a claim for total loss of the vessel, and the reasonable expense

28、of sighting the bottom after grounding, if incurred specially for that purpose. IV . Shipping Unless previously approved by the Insurer and any amended terms of cover and additional premium required have been agreed, this insurance does not cover loss, damage, liability and expense caused under the

29、following circumstances: 1. towage or salvage service undertaken by the insured vessel; 2. cargo loading or discharging operation at sea from or into another vessel (not being a harbour inshore craft) including whilst approaching, lying alongside and leaving; 3. the insured vessel sailing with an in

30、tention of being broken up or sold for breaking up. V . Period of Insurance This insurance is classified into Time Insurance and V oyage Insurance. 1. Time Insurance: The longest duration is one year, the time of commencement and termination being subject to the stipulation in the policy. Should the

31、 insured 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 Insurer, be held covered to her port of destination with the payment of an additional pro rata daily premium. However, in case of a total

32、 loss of the vessel during such period of extension, an additional six months premium shall be paid to the Insurer. 2. Voyage Insurance: to be subject to the voyage stipulated in the policy. The time of commencement and termination to be dealt with according to the following provisions: (1) With no

33、cargo on board: to commence from the time of unmooring or weinging anchor at the port of sailing until the completion of casting anchor or mooring at the port of destination. (2) With cargo on board: to commence from the time of loading at the port of sailing until the completion of discharge at the

34、 port of destination, but in no case shall a period of thirty days be exceeded counting from midnight of the day of arrival of the vessel at the port of destination. W. Termination 1. This insuranec shall terminate automaticlly inthe event of payment for total loss of the insured vessel. 2. Unless p

35、reviously agreed by the Insured in writing, this insurance shall terminate automatically at the time of any change of the Classification Society of the insured vessel, change of, cancellation or withdrawal of her class therein, change in the ownership or flag, assignment or transfer to new managemen

36、t, charter on a bareboat basis, requisition for title or use of the vessel, provided that, if the vessel has cargo on board or is at sea, such termination shall, if required, be deferred until arrival at her next port or final port of discharge or destination. 3. In case of any breach of warranty as

37、 to cargo, voyage, trading limit, towage, salvage services or date of sailing, this insurance shall terminate automatically unless notice be given to the Insurer immediately after receipt of advice and any additional premium required be agreed. vn . Premium and Returns 1. Time Insurance: Full premiu

38、m shall be due and payable on attachment, and if agreed by the Insurer payment may be made by installments, but in the event of total loss of the insured vessel, any unpaid premium shall be immediately due and payable. Premium is returnable as follows: (1) If this insurance is cancelled or terminate

39、d, premium shall be returned pro rata daily net for the uncommenced days, but this clause shall not be applicable to clause VI 3. (2) where the insured vessel is laid up in a port or a lay-up area approved by the Insurer for a period exceeding thirty consecutive days irrespective of whether she is u

40、nder repairs in dock or shipyard, loading or discharging, 50% (fifty percent) of net premium for such period shall be returned pro rata daily, but in no case shall such return of premium be recoverable in the event of total loss of the vessel. In the event of any return recoverable under this clause

41、 being based on thirty consecutive days which fall on successive insurance effected for the same Insured, such return of premium shall be calculated pro rata separately for the number of days covered by each insurance. 2. Voyage Insurance: In no case shall voyage insurance be cancellable and the pre

42、mium thereof be returnable once it commences. 忸.Duty of Insured 1. Immediately upon receipt of advice of any accident or loss to the insured vessel, it is the duty of the Insured to give notice to the Insurer within 48 hours, and if the vessel is abroad, to the Insurers nearest agent immediately, an

43、d to take all reasonable measures for the purpose of averting or minimizing a loss which would be recoverable under this insurance. 2. Measures taken by the Insured or the Insurer with the object of averting or minimizing a loss which would be recoverable under this insurance shall not be considered

44、 as waiver or acceptance of abandonment or otherwise prejudice the rights of either party. 3. The Insured shall obtain prior agreement of the Insurer in determining the liabilities and expenses in respect of the insured vessel. 4. In submitting a claim for loss, the Insured shall transfer to the Ins

45、urer all necessary documents and assist him in pursuing recovery against the third party in case of third party liabilities or expenses being involved. IX. Tender 1. Where the insured vessel is damaged and repairs are required, the Insured shall take such tenders as a diligent uninsured owner would

46、take to obtain the most favourable offer for the repairs of the damaged vessel. 2. The Insurer may also take tenders or may require further tenders to be taken for the repair of the vessel. Where such a tender is accepted with the approval of the Insurer and allowance in respect of fuel and stores a

47、nd wages and maintenance of the master and crew shall be made for the time lost between the despatch of the invitations to tender required by the Insurer and the acceptance of a tender, but the maximum allowance shall not exceed the rate of 30% per annum on the insured value of the vessel. 3. The In

48、sured may decide the place of repair of the damaged vessel, however, if the Insured in taking such decisions does not act as a diligent uninsured owner, then the Insurer shall have a right of veto concerning the place of repair or a repairing firm decided by the owner or deduct any increased costs r

49、esulting therefrom from the indemnity. X . Claim and Indemnity 1. In case of accident or loss insured against, no claim shall be recoverable should the Insured fail to submit claim document to the Insurer within two years following the accident or loss. 2. Total Loss (1) Where the insured vessels is

50、 completely destroyed or so seriously damaged as to cease to be a thing of the kind insured or where the Insured is irretrivably deprived of the vessel, it may be deemed an actual total loss, and the full insured amount shall be indemnified. (2) Where no news is received of the whereabouts of the in

51、sured vessel over a period of two months after the date on which she is expected to arrive at the port of destination, it shall be deemed an actual total loss and the full insured amount shall be indemnified. (3) Where an actual total loss of the insured vessel appears to be unavoidable or the cost

52、of recovery, repair and/or salvage or the aggregate thereof will exceed the insured value of the vessel, it may be deemed a constructive total loss and the full insured amount shall be indemnified after notice of abandonment of the vessel is given to the Insurer irrespective of whether the Insurer a

53、ccepts the abandonment. Once the Insurer accepts the abandonment, the subject matter insured belongs to the Insurer. 3. Partial Loss (1) Claims under this insurance shall be payable without deduction, new for old. (2) In no case shall a claim be admitted in respect of scraping, derusting or painting of the vessels bottom unless directly related to repairs of plating damaged by an insured peril. (3) Where repairs for owners account necessary to make the vessel seaworthy and/or a