(《协会保险条款诠释》陈剖建/郭国汀译 第四编 对船东的附加保险)接上页博讯www.peacehall.com
6.2 any change, voluntary or otherwise, in the ownership or flag, transfer to new management, or charter on a bareboat basis, or requisition for title or use of the Vessel, provided that, if the Vessel has cargo on board and has already sailed from her loading port or is at sea in ballast, such automatic termination shall if required be deferred, whilst the Vessel continues her planned voyage, until arrival at final port of discharge if with cargo or at port of destination if in ballast. However, in the event of requisition for title or sue 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 at sea or in port.
A pro rata daily net return of premium shall be made provided that a total loss of the Vessel, whether by insured perils or otherwise, has not occurred during the period covered by this insurance or any extension thereof.
7.1 This insurance covers loss of the subject-matter insured caused by
7.1.1 perils of the seas rivers lakes or other navigable waters
7.1.2 fire, explosion
7.1.3 violent theft by persons from outside the Vessel
7.1.6 contact with land conveyance, dock or harbour equipment or installation
7.1.7 earthquake volcanic eruption or lightning
7.1.8 accidents in loading discharging or shifting cargo or fuel.
7.2 This insurance covers loss of the subject-matter insured caused by
7.2.1 bursting of boilers breakage of shafts or any latent defect in the machinery or hull
7.2.2 negligence of Master Officers Crew or Pilots
7.2.3 negligence of repairers or charterers provided such repairers or charterers are not an Assured hereunder
7.2.4 barratry of Master Officers or Crew
7.2.5 contact with aircraft, helicopters or similar objects or objects falling therefrom
provided such loss has not resulted from want of due diligence by the Assured, Owners, Managers or Superintendents or any of their onshore management.
7.3 Masters Officers Crew or Pilots not to be considered Owners within the meaning of this Clause 7 should they hold shares in the Vessel.
第8条 污染危险条款(Pollution Hazard)
8 POLLUTION HAZARD
This insurance covers loss of the subject matter insured caused by any governmental authority acting under the powers vested in it to prevent or mitigate a pollution hazard or damage to the environment, or threat thereof, resulting directly from a peril covered by this insurance, provided that such act of governmental authority has not resulted from want of due diligence by the Assured, Owners or Managers to prevent or mitigate such hazard or damage, or threat thereof. Masters Officers Crew or Pilots not to be considered Owners within the meaning of this Clause 8 should they hold shares in the Vessel.
第9条 运费碰撞条款(Freight Collision)
9 FREIGHT COLLISION
9.1 It is further agreed that if the Vessel shall come into collision with any other vessel and the Assure shall in consequence thereof become liable to pay and shall pay by way of damages to any other person or persons any sum or sums in respect of the amount of freight taken into account in calculating the measure of the liability of the Assured for
9.1.1 loss of or damage to any other vessel or property on any other vessel
9.1.2 delay to or loss of use of any such other vessel or property thereon
9.1.3 general average of, salvage of, or salvage under contract of, any such other vessel or property thereon, the Underwriters will pay the Assured such proportion of three-fourths of such sum or sums so paid applying to freight as their respective subscriptions hereto bear to the total amount insured on freight, or to the gross freight earned on the voyage during which the collision occurred if this be greater.
9.2 Provided always that:
9.2.1 liability of the Underwriters in respect of any one such collision shall not exceed their proportionate part of three-fourths of the total amount insured hereon on freight, and in cases in which, with the prior consent in writing of the Underwriters, the liability of the vessel has been contested or proceedings have been taken to limit liability, they will also pay a like proportion of three-fourths of the costs, appertaining proportionately to the freight portion of damages, which the Assured shall thereby incur or be compelled to pay;
9.2.2 no claim shall attach to this insurance:
126.96.36.199 which attaches to any other insurance covering collision liabilities
188.8.131.52 which is, or would be, recoverable in the terms of the Institute 3/4ths Collision Liability Clause if the Vessel were insured in the terms of such Institute 3/4ths Collision Liability Clause for a value not less than the equivalent in pounds sterling, at the time of commencement of this insurance, of the Vessel’s limit of liability calculated in accordance with Article 6.1(b) of the 1976 Limitation Convention,
9.2.3 this Clause 9 shall in no case extend or be deemed to extend to any sum which the Assured may become liable to pay or shall pay for or in respect of:
184.108.40.206 removal or disposal, under statutory powers or otherwise, of obstructions, wrecks, cargoes or any other thing whatsoever
220.127.116.11 any real or personal property or thing whatsoever except other vessels or property on other vessels
18.104.22.168 pollution or contamination, or threat thereof, of any real or personal property or thing whatsoever (except other vessels with which the insured Vessel is in collision or property on such other vessels) or damage to the environment, or threat thereof, save that this exclusion shall not extend to any sum which the Assured shall pay for or in respect of salvage remuneration in which the skill and efforts of the salvors in preventing or minimising damage to the environment as is referred to in Article 13 paragraph 1(b) of the International Convention of Salvage, 1989 have been taken into account