INSTITUTE FROZEN FOOD CLAUSES (A)
(Excluding Frozen Meat)
RISKS COVERED
1. This insurance covers, except as provided in Clauses 4, 5, 6 and 7 below, Risks Clause
1.1 all risks of loss of or damage to the subject-matter insured, other than
loss or damage resulting from any variation in temperature
howsoever caused,
1.2 loss of or damage to the subject-matter insured resulting from any
variation in temperature attributable to
1.2.1 breakdown of refrigerating machinery resulting in its stoppage
for a period of not less than 24 consecutive hours
1.2.2 fire or explosion
1.2.3 vessel or craft being stranded grounded sunk or capsized
1.2.4 overturning or derailment of land conveyance
1.2.5 collision or contact of vessel craft or conveyance with any
external object other than water
1.2.6 discharge of cargo at a port of distress.
2. This insurance covers general average and salvage charges, adjusted or General
determined according to the contract of affreightment and/or the governing Average
law and practice, incurred to avoid or in connection with the avoidance of loss Clause
from any cause except those excluded in Clauses 4, 5, 6 and 7 or elsewhere
in this insurance.
3. This insurance is extended to indemnify the Assured against such proportion "Both to Blame
of liability under the contract of affreightment "Both to Blame Collision" Collision"
Clause as is in respect of a loss recoverable hereunder. In the event of any Clause
claim by shipowners under the said Clause the Assured agree to notify the
Underwriters who shall have the right, at their own cost and expense, to
defend the Assured against such claim.
EXCLUSIONS
4. In no case shall this insurance cover General
Exclusions
4.1 loss damage or expense attributable to wilful misconduct of the Clause
Assured
4.2 ordinary leakage, ordinary loss in weight or volume, or ordinary wear
and tear of the subject-matter insured
4.3 loss damage or expense caused by insufficiency or unsuitability of
packing or preparation of the subject-matter insured (for the purpose
of this Clause 4.3 "packing" shall be deemed to include stowage in a
container or liftvan but only when such stowage is carried out prior to
attachment of this insurance or by the Assured or their servants)
4.4 loss damage or expense caused by inherent vice or nature of the
subject-matter insured (except loss damage or expense resulting
from variation in temperature specifically covered under Clause 1.2
above)
4.5 loss damage or expense proximately caused by delay, even though
the delay be caused by a risk insured against (except expenses
payable under Clause 2 above)
4.6 loss damage or expense arising from insolvency or financial default of
the owners managers charterers or operators of the vessel
4.7 loss damage or expense arising from the use of any weapon of war
employing atomic or nuclear fission and/or fusion or other like
reaction or radioactive force or matter
4.8 loss damage or expense arising from any failure of the Assured or
their servants to take all reasonable precautions to ensure that the
subject-matter insured is kept in refrigerated or, where appropriate,
properly insulated and cooled space
4.9 any loss damage or expense otherwise recoverable hereunder unless
prompt notice thereof is given to the Underwriters and, in any event,
not later than 30 days after the termination of this insurance.
5. 5.1 In no case shall this insurance cover loss damage or expense arising Unseaworthin
from ess and
Unfitness
unseaworthiness of vessel or craft, Exclusion
Clause
unfitness of vessel craft conveyance container or liftvan for the
safe carriage of the subject-matter insured,
where the Assured or their servants are privy to such
unseaworthiness or unfitness, at the time the subject-matter insured
is loaded therein.
5.2 The Underwriters waive any breach of the implied warranties of
seaworthiness of the ship and fitness of the ship to carry the subject-
matter insured to destination, unless the Assured or their servants are
privy to such unseaworthiness or unfitness.
6. In no case shall this insurance cover loss damage or expense caused by War Exclusion
Clause
6.1 war civil war revolution rebellion insurrection, or civil strife arising
therefrom, or any hostile act by or against a belligerent power
6.2 capture seizure arrest restraint or detainment (piracy excepted), and
the consequences thereof or any attempt thereat
6.3 derelict mines torpedoes bombs or other derelict weapons of war.
7. In no case shall this insurance cover loss damage or expense Strikes
Exclusion
7.1 caused by strikers, locked-out workmen, or persons taking part in Clause
labour disturbances, riots or civil commotions
7.2 resulting from strikes, lock-outs, labour disturbances, riots or civil
commotions
7.3 caused by any terrorist or any person acting from a political motive.
DURATION
8. 8.1 This insurance attaches from the time the goods are loaded into the Transit Clause
conveyance at freezing works or cold store at the place named herein
for the commencement of the transit, continues during the ordinary
course of transit and terminates either
8.1.1 on delivery to the cold store or place of storage at the
destination named herein,
8.1.2 on delivery to any other cold store or place of storage,
whether prior to or at the destination named herein, which the
Assured elect to use either
8.1.2.1 for storage other than in the ordinary course of transit
or
8.1.2.2 for allocation or distribution,
or
8.1.3 on the expiry of 5 days after discharge overside of the goods
hereby insured from the oversea vessel at the final port of
discharge,
whichever shall first occur.
8.2 If, after discharge overside from the oversea vessel at the final port of
discharge, but prior to termination of this insurance, the goods are to
be forwarded to a destination other than that to which they are
insured hereunder, this insurance, whilst remaining subject to
termination as provided for above, shall not extend beyond the
commencement of transit to such other destination.
8.3 This insurance shall remain in force (subject to termination as
provided for above and to the provisions of Clause 9 below) during
delay beyond the control of the Assured, any deviation, forced
discharge, reshipment or transhipment and during any variation of the
adventure arising from the exercise of a liberty granted to shipowners
or charterers under the contract of affreightment.
9. If owing to circumstances beyond the control of the Assured either the Termination of
contract of carriage is terminated at a port or place other than the destination Contract of
named therein or the transit is otherwise terminated before delivery of the Carriage
goods as provided for in Clause 8 above, then this insurance shall also Clause
terminate unless prompt notice is given to the Underwriters and continuation
of cover is requested when the insurance shall remain in force, subject to an
additional premium if required by the Underwriters, either
9.1 until the goods are sold and delivered at such port or place, or, unless
otherwise specially agreed, until the expiry of 30 days after arrival of
the goods hereby insured at such port or place, whichever shall first
occur,
or
9.2 if the goods are forwarded within the said period of 30 days (or any
agreed extension thereof) to the destination named herein or to any
other destination, until terminated in accordance with the provisions of
Clause 8 above.
10. Where, after attachment of this insurance, the destination is changed by the Change of
Assured, held covered at a premium and on conditions to be arranged Voyage
subject to prompt notice being given to the Underwriters. Clause
CLAIMS
11. 11.1 In order to recover under this insurance the Assured must have an Insurable
insurable interest in the subject-matter insured at the time of the loss. Interest
Clause
11.2 Subject to 11.1 above, the Assured shall be entitled to recover for
insured loss occurring during the period covered by this insurance,
notwithstanding that the loss occurred before the contract of
insurance was concluded, unless the Assured were aware of the loss
and the Underwriters were not.
12. Where, as a result of the operation of a risk covered by this insurance, the Forwarding
insured transit is terminated at a port or place other than that to which the Charges
subject-matter is covered under this insurance, the Underwriters will Clause
reimburse the Assured for any extra charges properly and reasonably
incurred in unloading storing and forwarding the subject-matter to the
destination to which it is insured hereunder.
This Clause 12, which does not apply to general average or salvage charges,
shall be subject to the exclusions contained in Clauses 4, 5, 6 and 7 above,
and shall not include charges arising from the fault negligence insolvency or
financial default of the Assured or their servants.
13. No claim for Constructive Total Loss shall be recoverable hereunder unless Constructive
the subject-matter insured is reasonably abandoned either on account of its Total Loss
actual total loss appearing to be unavoidable or because the cost of Clause
recovering, reconditioning and forwarding the subject-matter to the
destination to which it is insured would exceed its value on arrival.
14. 14.1 If any Increased Value insurance is effected by the Assured on the Increased
cargo insured herein the agreed value of the cargo shall be deemed Value Clause
to be increased to the total amount insured under this insurance and
all Increased Value insurances covering the loss, and liability under
this insurance shall be in such proportion as the sum insured herein
bears to such total amount insured.
In the event of claim the Assured shall provide the Underwriters with
evidence of the amounts insured under all other insurances.
14.2 Where this insurance is on Increased Value the following clause shall
apply:
The agreed value of the cargo shall be deemed to be equal to the
total amount insured under the primary insurance and all Increased
Value insurances covering the loss and effected on the cargo by the
Assured, and liability under this insurance shall be in such proportion
as the sum insured herein bears to such total amount insured.
In the event of claim the Assured shall provide the Underwriters with
evidence of the amounts insured under all other insurances.
BENEFIT OF INSURANCE
15. This insurance shall not inure to the benefit of the carrier or other bailee. Not to Inure
Clause
MINIMISING LOSSES
16. It is the duty of the Assured and their servants and agents in respect of loss Duty of
recoverable hereunder Assured
Clause
16.1 to take such measures as may be reasonable for the purpose of
averting or minimising such loss,
and
16.2 to ensure that all rights against carriers, bailees or other third parties
are properly preserved and exercised
and the Underwriters will, in addition to any loss recoverable hereunder,
reimburse the Assured for any charges properly and reasonably incurred in
pursuance of these duties.
17. Measures taken by the Assured or the Underwriters with the object of saving, Waiver Clause
protecting or recovering the subject-matter insured shall not be considered as
a waiver or acceptance of abandonment or otherwise prejudice the rights of
either party.
AVOIDANCE OF DELAY
18. It is a condition of this insurance that the Assured shall act with reasonable Reasonable
despatch in all circumstances within their control. Despatch
Clause
LAW AND PRACTICE
19. This insurance is subject to English law and practice. English Law
and Practice
Clause
NOTE:- It is necessary for the Assured when they become aware of an event which is
"held covered" under this insurance to give prompt notice to the Underwriters and the
right to such cover is dependent upon compliance with this obligation.
SPECIAL NOTE:- This insurance does not cover loss damage or expense caused by
embargo, or by rejection prohibition or detention by the government of the country of
import or their agencies or departments, but does not exclude loss of or damage to the
subject-matter insured caused by risks insured hereunder and sustained prior to any
such embargo rejection prohibition or detention.
1/1/86
CL263 © Copyright The Institute of London Underwriters
