1987年7月20日协会船舶港口险定期保险条款(Institute Time Clauses Hulls,-Port Risks 20/7/87)
This insurance is subject to English law and practice.
The Vessel has leave to proceed to and from any wet or dry docks harbours ways cradles and pontoons, within the limits specified in this insurance.
This Clause 2 shall prevail notwithstanding any provision whether written typed or printed in this insurnace inconsistent therewith.
Unless Underwriters agree to the contrary in writing, this insurance shall terminate automatically at the time of
2.1 change of the Classification Society of the Vessel, or change, suspension, discontinuance, withdrawal or expiry of her Class therein. However where such change , suspension, discontinuance or withdrawal of her Class has resulted from loss or damage covered by Clause 4 of this insurance or which would be covered by an insurance of the Vessel subject to current Institute War and Strikes Clauses Hulls Time such automatic termination shall not operate-
2.2 any change, voluntary or otherwise, in the ownership or flay, transfer to new management, or charter on a bareboat basis, or requisition for title or use of the Vessel ,However, in the event of requisition for title or use without the prior execution of a written agreement by the Assured, such automatic termination shall occur fifteen days after such requisition whether the Vessel is in port or at sea.
No assignment of or interest in this insurance or in any moneys which maybe or become payable thereunder is to be binding on or recognized by the Underwriters unless a dated notice of such assignment or interest signed by the Assured, and by the assignor in the case of subsequent assignment, is endorsed on the Policy and the Policy with such endorsements produced before payment of any claim or return of premium thereunder.
4.1 This insurance covers loss of or damage to the subject-matter insured caused by
4.1.1 perils of the seas rivers lakes or other navigable waters
4.1.2 fire lightning explosion
4.1.3 violent theft by persons from outside the Vessel
4.1.6 breakdown of or accident to nuclear installations or reactors
4.1.7 contact with aircraft or similar objects, or objects falling therefrom, land conveyance, dock or harbour equipment or installation.
4.2 This insurance covers loss of or damage to the subject-matter insured caused by
4.2.1 accidents in loading discharging or shifting cargo or fuel
4.2.2 bursting of boilers breakage of shafts or any latent defect in the machinery or hull
4.2.3 negligence of Master Officers Crew or Pilots
4.2.4 negligence of repairers or charterers provided such repairers or charterers are not an Assured hereunder
4.2.5 barratry of Master Officers or Crew
provided such loss or damage has not resulted from want of due diligence by the Assured, Owners or Managers.
4.3 Master Officers Crew or Pilots not to be considered Owners within the meaning of this Clause 4 should they hold shares in the Vessel.
5 Earthquake and Volcanic Eruption Exclusion
In no case shall this insurance cover loss damage liability or expenses caused by earthquake or volcanic eruption, This exclusion applies to all claims including claims under Clauses 7,9, 11 and 13.
6 Pollution Hazard
This insurance covers loss of or damage to the Vessel caused by any governmental authority acting under the powers vested in it to prevent or mitigate a pollution hazard, or threat thereof, resulting directly from damage to the Vessel for which the Underwriters are liable under this insurance, provided such act or governmental authority has not resulted from want of due diligence by the Assured, the Owners, or Managers of the Vessel or any of them to prevent or mitigate such hazard or threat. Master, Officers, Crew or Pilots not to be considered Owners within the meaning of this Clause6 should they hold shares in the Vessel.
7 Collision Liability
7.1 The underwriters agree to indemnify the Assured for any sum or sums paid by the Assured to any other person or persons by reason of the Assured becoming legally liable by way of damages for
7.1.1 loss of or damage to any other vessel or property on any other vessel
7.1.2 delay to or loss of use of any such other vessel or property thereon
7.1.3 general average of, salvage of, or salvage under contract of, any such other vessel or property thereon,
where such payment by the Assured is in consequence of the Vessel hereby insured coming into collision with any other vessel.
7.2 The indemnity provided by this Clause 7 shall be in addition to the indemnity provided by the other terms and conditions of this insurance and shall be subject to the following provisions:
7.2.1 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 7 shall be calculated to the principle of cross-liabilities as if the respective Owners had been compelled to pay to each other such proportion of each other’s damages as may have been properly allowed in ascertaining the balance or sum payable by or to the Assured in consequence of the collision.
7.2.2 In no case shall the underwriters’ total liability under Clauses 7.1 and 7.2 exceed their proportionate part of the insured value of the Vessel hereby insured in respect of any one such collision.
7.3 The Underwriters will also pay the legal costs incurred by the Assured or which the Assured may be compelled to pay in contesting liability or taking proceedings to limit liability, with the prior written consent of the Underwriters.
7.4 Provided always that this Clause 7 shall in no case extend to any sum which the Assured shall pay for or in respect of
7.4.1 removal or disposal of obstructions, wrecks, cargoes or any other thing whatsoever