【精品】产品责任险条款

1、【关键字】精品01. Occurrence Basis ClauseIt is hereby agreed and amended：1 . This insurance applies to “bodily injury" and/or aproperty 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 &

2、quot; and/or aproperty 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 inceptionand(2)Any insured did not know or could not have reasonably foreseen such occurrence at the effective date of this Policy.2 .A

3、s 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 result ofan occu 7T ence、

4、will bedeemed to have been made at the time the first ofthose claims is made against the lnsurer ： PICCPROPERTYANDCASUALTYCOMPANYLIMITED Page 7 ofl4 PRODUCTS LIAB-ITY INSURANCE POLICY(3) "A】I claim “ for damage because ofaproperty damage;' causing loss to the same person or orgm-ization asa

5、 result of an occurrence, will be deemed to have made at the time the first Of thOse claim is madeagainst the insurerThis Clanse is subject otherwise to fhe terms , conditions and exceptions ofthis Policy 02 A n Costs within the Limit ofIndemnity subject to SerfInsured Rete n tion It aeed that the s

6、upplementay payments under the policy are within the limits of InsLuance shown in the declarationsOur right and duty to de-nd cease when we have used up the applicable limit of insurance in the Davment Of judgements, seltlements or supplementary paymentsOur obligation to pay the supplementary paymen

7、ts applies only in excess of any Self Insured Retention arnounts stated in the DeclarationsSELF INSURED RETENTION(PER CLAIM)_Inconsideration of the premium charged , it is agreed the Limits of Insurance for each Of the coverage'sprovided by this policy will apply excess of a US$30,000. 00 per cl

8、aim SelSInsured Retention fhereinafterreferred to as the “ Retention Amount' ')The Retention Amount :(I)shall apply only to “occurrences“ covered under this policy . and(2)shall apply separately to each claim arising out of such“ occurrence and(3)shall include all Supplementary Payment ofpol

9、icyYour bankruptcy , insolvency or inability to pay the Retention Amount shah not increase Our Obli . gaffon under this policy2 We shall have the right but not the duty to participate with you at our own expense in thc defense of settlementot any clan or suit seeking damages covered under this polic

10、y hi the evefit of a claim or suit which in ourreasonable Judgment may result in payments, including supplementary payments , in an amount in excess ofthe retention amount, we may assume control of the defense or such claim of suit You will continue to beresponsible for the payment ofthe retention a

11、mount3 in the event there is any other insurance, whether or not collectible , applicable to an “occurrence. claim orsuit within the retention amount, you will continue to be responsible fbr the full retention amOunl before thelimits ofinsurance under this policy apply03. Loss Adjuster Clause-GAB Ro

12、bins North America , he.It is hereby declared and agreed that th . qualified international loss adjuster GAB Robins North America . Tncwould be appointed to investigate and adjust the loss , the current contact information as below GAB Robins North America , IncOne Oak Hill CenterSuite20 1Westmont,

13、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 optio

14、n 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

15、 the terms , conditions and exceptions of this Policy.05. Batch ClauseIt is agreed that all damages arising out of one lot of goods or products , prepared or acquired by the named insured, or by anothertrading under his name , shall be considered as arising out of one occurrence or resulting from a

16、single incident, one lot of goods or products shall be interpreted to include all goods or products subject to substantially the same error or defect.06.Warranted that all the insured products are in full compliance to related mandatory &/or voluntary safety standards &/or other applicable r

17、egulations where the products are distributed to07. Additional Insured Clause-Vendor ' s Designated FormName 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 reg

18、ular course of that vendor ' s business1. 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

19、 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 suc

20、h operations performed at the vendor's 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 distribut

21、ion 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, f

22、rom 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 a

23、pplied as cause for policy contract rescission or cancellation09.Subject that insured products be used by child over three years oldVII. SPECJAL EXCLUSIONS01. Absolute Pollution ExclusionNotwithstanding anything to the contrary contained in this Policy , it is agreed that this policy shall not apply

24、 :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

25、 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 attorney ' s fees incurred by a government unit or any other person or organization to test for monitor clean u

26、p 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 rec

27、ycled 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

28、, the policy will continue to respond for covered claims in excess of the limits stated in the declaration page as underlying .This Clause is subject otherwise to the terms , conditions and exceptions of this Policy. 02. Absolute Asbestos ExclusionNotwithstanding anything to the company contained in

29、 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, insta

30、llation 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

31、 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 dust3. To any obligation to defend any suit or claim against the insu

32、red 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

33、 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,

34、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.03. Lead ExclusionThis insurance does not apply to any injury damage expense cost loss

35、 liability or legal obligation arising out of or in any way related to the toxic properties of lead or lead containing 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

36、terms , conditions and exceptions of this Policy . 04. War 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 , a

37、property damage“ apersonal injury“ or aadvertising 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 “

38、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 a terrorism including , but not limited to , any contemporaneous or ensuing bodily injury or property damage“ caus

39、ed 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 pe

40、rson 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 a

41、lso 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. 05. Employees ' Bodily Injury ExclusionNotwithstanding anything to the contrary contained in this Po

42、licy , 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 t

43、he course of his employment by the Insured.Subject otherwise to the terms exceptions and conditions of the Policy .06. Nuclear 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

44、 Energy Liability Exclusion as follows l. The insurance dose not apply :A. Under any Liability Coverage to Bodily Injury or Property Damage1 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 AS

45、SOCIATION , 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; orf2、 Resuiting from the Hazardous Properties of Nuclear Materi

46、al and with respect to which(a)anyperson or organization is required to maintain financial protection pursuant to the Atomic EnergyAct of 1954 . or any law amendatory thereof,or(b)the Insured is , or had this policy not been issuedwould be entitled to indemnity from the United States ofAmerica , of

47、any agency thereog under anyagreement entered into by the United Stated ofAmerica , or any agency thereo-with any person anizationB Under any Medical Payments coverage, to expenses incu-ed with respect to Bodily Injury resulting胁 m the Hazardous Properties ofNuclear Material and arising out oft

48、he operation ofa Nuclear Facilityby any person or organization ,C Under any Liability Coverage , to Bodily Injury or Property Damage resulting from the HazardousProperties ofNuclear Material :(1)The Nuclear Material(a1 is at any Nuclear Facility owned by , or operated by or on behalf of,anInsured or

49、 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 Insu

50、red of servicesmaterials. parts or equipment in connection with the planning , construction , maintenance operationor use ofanyNuclearFacility , butif suchfacilityislocatedwithintheUnited States ofAmerica , itsterritories or possessions or Canada, this exclusion(3)applies only to Property Damage to

51、suchNuclear Facility and any property thereat2 As used in this endorsement:Hazardous Properties lnclude radioactive , toxic or explosive propertiesNuciear Material means Source Material , Special Nuclear Material or By - Product MaterialSOurce Material , Special Nuclear Material and By Product Mater

52、ial have the meanings given to them 111 theAtomic Energy Act of 1954 or in any law amendatory thereofSpent Fuel means any fuel element or filet component , solid or liquid , which has been used or exposed toradiation in a Nuclear ReactorWaste means any waste material(a)containing By Product Material

53、 other than the tailing or wastes producedbv the extraction or concentration of uranium or thorium from any one processed primarily for its Sourcematerial cO n tent, and(b)resulting from the operation by any person or organization of any Nuclear Facilityincluded under the two paragraphs ofthe defini

54、tion ofNuclear FacilityNuclear 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 proc

55、essing fabricating or alloying of Special Nuclear Material if atany time the total amount of such material in the custody of the Insured at the premiseswhere sucheauipment or device is located consists of or contains more than 25 grams of plutonium or uranium 233or any combination thereo-or more tha

56、n 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 allDremlses used tor suell operations而cPR 面面 rY 面五 iAsuA

57、LTY COMPANY LIMITED Page 12 ofl4products LIABILITY INSURANCE POLICYNuclefir Reactor means any apparatus designed or used to sustain nuclear fission in a self-supporting chainreaction or to contain a critical mass offissionable materialProperty Damage includes all forms of radioactive contamination o

58、fpropertyThis Clause is subject otherwise to the terms , conditions and exceptions ofthis Policy07. Punitive / Exemplary 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 Clau

59、se is subject otherwise to fhe terms . conditions and exceptions ofthis Policy .08. Product RecalI, Guarantee ExclusionThe Company will not indemnify the Insuredl In resDect ofthe failure ofa product or part thereofto perform the function for which it was intended3 In respect of loss of or damage to the products .4 For the replacement costs of the products5 To mak