|
|
1995年11月1日协会船舶营运费用和增值定期保险条款/郭国汀译
1995年11月1日协会船舶营运费用和增值定期保险条款
(全损险,包括额外责任)
Institute Time Clauses, Hulls: Disbursements and Increased Value (Total Loss only, including Excess Liabilities)
第1至第5条:航行;延续;违反保证;船级和终止条款。(Navigation; Continuation; Breach of Warranty; Classification and Termination) 本保险受英国法律和惯例制约。
第1条 航行条款
1 NAVIGATION
1.1 The subject-matter insured is covered subject to the provisions of this insurance at all times and the Vessel has leave to sail or navigate with or without pilots, to go on trial trips and to assist and tow vessels or craft in distress, but it is warranted that the Vessel shall not be towed, except as is customary or to the first safe port or place when in need of assistance, or undertake towage or customary or to the first safe port or place when in need of assistance, or undertake towage or salvage services under a contract previously arranged by the Assured and/or Owners and/or Managers and/or Charterers. This Clause 1.1 shall not exclude customary towage in connection with loading and discharging.
1.2 This insurance shall not be prejudiced by reason of the Assured entering into any contract with pilots or for customary towage which limits or exempts the liability of the pilots and/or tugs and/or towboats and/or their owners when the Assured or their agents accept or are compelled to accept such contracts in accordance with established local law or practice.
1.3 The practice of engaging helicopters for the transportation of personnel, supplies and equipment to and/or from the Vessel shall not prejudice this insurance.
1.4 In the event of the Vessel being employed in trading operations which entail cargo loading or discharging at sea from or into another vessel (not being a harbour or inshore craft) no claim shall be recoverable under this insurance in respect of loss of or damage to the subject-matter insured or for liability to any other vessel arising from such loading or discharging operations, including whilst approaching, lying alongside and leaving, unless previous notice that the Vessel is to be employed in such operations has been given to the Underwriters and any amended terms of cover and any additional premium required by them have been agreed.
1.5 In the event of the Vessel sailing (with or without cargo) with an intention of being(a) broken up, or (b) sold for breaking up, no claim shall be recoverable under this insurance in respect of loss or damage to the Vessel occurring subsequent to such sailing unless previous notice has been given to the Underwriters and any amendments to the terms of cover, amount insured and premium required by them have been agreed.
1 航行
1.1 保险船舶在所有时间根据本保险的各项规定承保,并许可在有或没有引航员的情况下开航或试航及协助、拖带遇险船舶或驳船,但保证保险船舶不得被拖带,除非是习惯性的,或当需要协助时,被拖带至第一个安全港口或地点,也不得根据被保险人、船舶所有人、管理人和/或承租人事先安排的合同从事拖带或救助服务。但本条第1.1款不排除与装卸有关的习惯拖带。
1.2 本保险不因被保险人签订限制或免除引航员和/或拖船和/或其所有人责任的引航或习惯拖带的任何合同而受损害,如果被保险人或其代理人根据既定的当地法律或惯例接受或被迫接受此种合同。
1.3 雇用直升飞机向保险船舶运送和/或从保险船舶运出人员、供应品或设备不损害本保险。
1.4 若保险船舶被雇用于在海上将货物装卸入他船(非港口或近岸驳船)或自他船装卸入本船的商业作业,由于此种装卸作业,包括两船驶近,并排停靠和驶离,造成保险船舶的灭失或损害或对他船的责任,不得根据本保险索赔,除非保险船舶被雇用于此种作业前已通知保险人,且已同意保险人要求的修改承保条件及任何附加的保险费。
1.5 如果保险船舶开航(不论有无货载)旨在(a)拆船或(b)为拆船而出售,那么对保险船舶在此种开航后发生的灭失或损害的任何索赔,应限于船舶灭失和损坏时报废船舶的市场价值,除非事先已通知保险人,并已同意修改保险条款,保险价值和保险人要求的保险费。
第2条 延续条款
2 CONTINUATION
Should the Vessel at the expiration of this insurance be at sea and in distress or missing, she shall, provided notice be given to the Underwriters prior to the expiration of this insurance, be held covered until arrival at the next port in good safety, or if in port and in distress until the Vessel is made safe, at a pro rata monthly premium.
2 延续
如果在本保险期届满时,保险船舶在海上遇险或失踪,若在本保险期限届满以前已通知保险人,船舶将被继续承保,直至安全抵达下一个港口;或者如果保险船舶在港内并遇险,则直至保险船舶变得安全时,超期保险费按月比例支付。
第3条 违反保证条款
3 Breach of warranty
Held covered in case of any breach of warranty as to cargo, locality, trade, towage, salvage services or date of sailing, provided notice be given to the Underwriters immediately after receipt of advices and any amended terms of cover and any additional premium required by them be agreed.
3 违反保证
当任何有关货物、贸易、船位、拖带,救助服务或开航日期的保证被违反时,若被保险人知悉后立即通知保险人,并同意保险人要求的承保条款的任何修改及附加保险费,本保险继续有效。
第4条 船级条款
4 CLASSIFICATION
4.1 It is the duty of the Assured, Owners and Managers at the inception of and throughout the period of this insurance to ensure that
4.1.1 the Vessel is classed with a Classification Society agreed by the Underwriters and that her class within that Society is maintained
4.1.2 any recommendations requirements or restrictions imposed by the Vessel’s Classification Society which relate to the Vessel’s seaworthiness or to her maintenance in a seaworthy condition are complied with by the dates required by that Society.
4.2 In the event of any breach of the duties set out in Clause 4.1 above, unless the Underwriters agree to the contrary in writing , they will be discharged from liability under this insurance as from the date of the breach provided that if the Vessel is at sea at such date the Underwriters discharge from liability is deferred until arrival at her next port.
4.3 Any incident condition or damage in respect of which the Vessel’s Classification Society might make recommendations as to repairs or other action to be taken by the Assured, Owners or Managers must be promptly reported to the Classification Society .
4.4 Should the Underwriters wish to approach the Classification Society directly for information and/or documents, the Assured will provide the necessary authorization.
4 船级
4.1 被保险人、船舶所有人和管理人有义务在本保险责任开始和整个保险期间保证:
4.1.1 保险船舶在保险人同意的船级社入级并维持该船级社船级
4.1.2该船级社提出的有关船舶适航性或维持其适航条件的任何建议,要求或限制,应在该船级社要求的日期前执行
4.2 倘若发生上述第4.1款规定的义务的任何违反,除非保险人另行书面同意,保险人得自违反之日起解除根据本保险的责任,但若当时保险船舶在海上,保险人延至其抵达下一港口时解除责任。
4.3 对船级社可能建议被保险人修理或采取其他措施的任何事件、条件、损害,船舶所有人或管理人必须迅速报告给船级社
4.4如果保险人要求直接向船级社取得信息和/或文件,被保险人应提供必要的授权。
第5条 终止条款
5 TERMINATION
This Clause 5 shall prevail notwithstanding any provision whether written typed or printed in this insurance inconsistent therewith.
Unless the Underwriters agree to the contrary in writing, this insurance shall terminate automatically at the time of
5.1 change of the Classification Society of the Vessel, or change, suspension, discontinuance, withdrawal or expiry of her Class therein, or any of the Classification Society’s periodic surveys becoming overdue unless an extension of time for such survey be agreed by the Classification Society, provided that if the Vessel is at sea such automatic termination shall be deferred until arrival at her next port. However where such change, suspension, discontinuance or withdrawal of her Class or where a periodic survey becoming overdue had resulted from loss or damage covered by Clause 6 of this insurance or which would be covered by an insurance of the Vessel subject to current Institute Time Clauses-Hulls or Institute War and Strikes Clauses Hulls-Time such automatic termination shall only operate should the Vessel sail from her next port without the prior approval of the Classification Society or in the case of a periodic survey becoming overdue without the Classification Society having agreed an extension of time for such survey,
[下一页]
|