Reliance 1
Reliance 1
RELIANCE EAR 1
10th Floor Tanhouse, Bagamoyo Road-Victoria Area
P.O. Box 9826, Dar es salaam.
Tel. 0800 750 271,
E-mail: insure@reliance.co.tz
POLICY SCHEDULE
POLICY No. BICL/LUTH/652541/2022/ER Agency: Reliance Insurance Company ltd
Name and Address of Insured: Title of Contract: For Supply, Installation and
Commission of 90/120MVA,
M/S. XIAN ELECTRIC ENGINEERING CO. LIMITED 220/33KV Transformer
BOX NO.7 TANG XING ROAD, XIAN,SHA complete with switchgear at
ANXIETY.P.R.CHINA Msamvu Substation Lot 1.
And
Employer: Supply , Installation and
TANZANIA ELECTRICAL SUPPLY CO.LTD(TANESCO) Commission of 90/120MVA,
P.O. BOX 453, DODOMA. 220/33KV Transformer
complete with switchgear at
Bulyanhulu Substation Lot 2
Tender No.PA/001/2021-22/HQ/G/114
Period of Insurance From: 20th April 2024 to 20th April 2025 (Both Dates Inclusive) including Testing
and Commissioning period from the date of commencement of erection and installation works. The period
of insurance commence immediately on 20th April,2024 after issuance of cover and the period covered 12
months of DLP.
RELIANCE EAR 2
SECTION I - Material Damage
RELIANCE EAR 3
M/S. XIAN Bodily injury/Death 10% of TSI NIL
ELECTRIC
ENGINEERING Property Damage 2% Of Claim
CO. LIMITED Employer's property and any parts of USD:825,786.66 Minimum USD
P O BOX NO.7 the facilities that have been accepted .2,500.00
TANG XING by the Employer) occurring in
ROAD, XIAN, connection with the supply and
SHA Installation of the facilities.
ANXIETY.P.R.C
HINA.
**Limit of Indemnity in respect of any one accident or series of accidents arising out of one event
The following Endorsements are attached to and form part of this Policy
1. Riot, Strike & Civil Commotion
2. Maintenance Visits
3. Airfreight Limit
4. Off-Site Storage
5. Firefighting facilities & fire safety on construction sites
6. Theft Clause Limit per Event-
7. Watchman warranty
8. Terrorism Exclusion clause
9. Terrorism Exclusion clause for Contamination and Explosives
10. Inland Transit Limit-
11. Extended maintenance (Defect Liability period) 24 months
12. Cover for testing of machinery and Installations
13. Camps and stores (site store)
14. Existing property
15. Under Ground Cable and Pipes
16. Cession of Works
17. Temporary repair following loss or damage
18. Automatic Extension – 12 Months
19. Piling foundation and retaining walls
20. TPL with cross liability to cover bodily injury of employer’s personnel
21. TPL covered during DLP
Premium charger: USD 16515.73 (0.2% of contract price) In witness whereof the undersigned being
plus VAT. duly authorized by the Insurers and on
behalf of the Insurers has (have) hereunto
set his (their hand(s)
RELIANCE EAR 4
ERECTION ALL RISKS
Whereas the Insured named in the Schedule hereto has made to Reliance Insurance
Company Limited (hereinafter called "the Insurers") a written proposal by completing a
Questionnaire which together any other statements made in writing by the Insured for the purpose
of this Policy is deemed to incorporated herein,
Now this Policy of Insurance witnessed that subject to the Insured having paid to the Insurers the
premium mentioned in the Schedule and subject to the terms, exclusions, provisions and conditions
contained herein or endorsed hereon the Insurers will indemnify the insured in the manner and to
the extent hereinafter provided.
General Conditions
1. The due observance and fulfilment of the terms of this Policy in so far as they relate to anything
to be done or complied with the Insured and the truth of the statements and answers in the
questionnaire and proposal made by the Insured shall be a condition precedent to any liability of
the Insurers.
2. The Schedule and the Section(s) shall be deemed to be incorporated in and form part of this
Policy and the expression "this Policy" wherever used in this contract shall be read as including
the Schedule and the Sections(s). Any word or expression to which a specific meaning has
been attached in any part of this Policy or of the Schedule or of the Section(s) shall bear such
meaning wherever it may appear.
3. The Insured shall at his own expense take all reasonable precautions and comply with all
reasonable recommendations of the Insurers to prevent loss, damage or liability and comply
with statutory requirements and manufacturers’ recommendations.
4. a) Representatives of the insurers shall at any reasonable time have the right to inspect and
examine the risk and the Insured shall provide the representatives of the Insurers with all details
and information necessary for the assessment of the risk.
b) The Insured shall immediately notify the Insurers by telegram and in writing of any material
change in the risk and cause at his own expense such additional precautions to be taken as
circumstances may require, and the scope of cover and/or premium shall, if necessary, be
adjusted accordingly.
No material alteration shall be made or admitted by the insured whereby the risk is increased,
unless the continuance of the insurance be confirmed in writing by the Insurers.
5. In the event of any occurrence, which might give rise to a claim under this Policy, the insured
shall
a) Immediately notify the Insurers by telephone or telegram as well as in writing, giving
an indication as to the nature and extent of loss or damage;
b) take all steps within his power to minimize the extent of the loss or damage;
c) preserve the parts affected and make them available for inspection by a
representative or surveyor of the Insurers;
d) furnish all such information and documentary evidence as the Insurers may require;
e) Inform the police authorities in case of loss or damage due to theft or burglary.
RELIANCE EAR 5
The Insurers shall not in any case be liable for loss, damage or liability of which no notice
has been received by the Insurers within 14 days of its occurrence.
Upon notification being given to the Insurers under this condition, the insured may carry out
the repairs or replacement of any minor damage; in all other cases a representative of the
Insurers shall have the opportunity of inspecting the loss or damage before any repairs or
alterations are effected. If a representative of the Insurers does not carry out the inspection
within a period of time, which could be considered as adequate under the circumstances the
Insured is entitled to proceed with any repairs or replacement.
The liability of the Insurers under this Policy in respect of any item sustaining damage
shall ease if said item is not repaired properly without delay.
6. The Insured shall at the expense of the Insurers do and concur in doing and permit to be done
all such acts and things as may be necessary or required by the Insurers in the interest of any
rights or remedies, or of obtaining relief or indemnity from parties (other than those insured
under this Policy) to which the Insurers shall be or would become entitled or subrogated upon
their paying for or making good any loss or damage under this Policy, whether such acts, and
things shall be or become necessary or required before or after the Insured's indemnification by
the Insurers.
7. If any difference shall arise as to the amount to be paid under this Policy (liability being
otherwise admitted) such difference shall be referred to the decision of an Arbitrator to be
appointed in writing by the parties in difference or if they cannot agree upon a single Arbitrator
to the decision of two Arbitrators, one to be appointed in writing by each of the parties,
within one calendar month after having been required in writing so to do by either of the parties,
or, in case the Arbitrators do not agree, of an Umpire to be appointed in writing by the
Arbitrators before entering upon the reference. The Umpire shall sit with the Arbitrators and
preside at their meetings. The making of an award shall be a condition precedent to any right of
action against the Insurers.
8. If a claim is in any respect fraudulent, or if any false declaration is made or used in support
thereof, or if any fraudulent means or devices are used by the Insured or anyone acting or his
behalf to obtain any benefit under this Policy, or if a claim is made and rejected and no action or
suit is commenced within three months after such rejection or, in case of arbitration taking place
as provided herein, within three months after the Arbitrator or Arbitrators or Umpire have made
their award, all benefit under this Policy shall be forfeited.
9. If at the time any claim arises under the Policy there be any other insurance covering the same
loss, damage or liability the Insurers shall not be liable to pay or contribute more than their
ratable proportion of any claim for such loss, damage or liability.
loss or damage as hereinafter provided by payment in cash, replacement or repair (at their own
option) up to an amount not exceeding in respect of each of the items specified in the Schedule the
sum set opposite thereto and not exceeding in any one event the limit of indemnity where applicable
and not exceeding in all the total sum expressed in the Schedule as insured hereby.
RELIANCE EAR 6
The Insurers will also reimburse the Insured for the cost of clearance of debris following upon any
event giving rise to a claim under this Policy provided a separate sum therefore has been entered in
the Schedule.
Memo 1 - Sums Insured: it is a requirement of this insurance that the sums insured stated in the
Schedule (under items 1 and 2) shall not be less than the full value of each item at the completion of
the erection, inclusive of freight, customs duties, dues, erection cost, and the Insured undertakes to
increase or decrease the amounts of insurance in the event of any material fluctuation in the level of
wages or prices provided always that such increase or decrease shall take effect only after the
same has been recorded on the Policy by the Insurers.
If, in the event of loss or damage, it is found that the sums insured are less than the amounts
required to be insured, then the amount recoverable by the Insured under this Policy shall be
reduced in such proportion as the sums insured bear to the amounts required to be insured. Every
object and cost item is subject to this condition separately.
Memo 2 - Basis of Loss Settlement: In the event of any loss or damage the basis of any
settlement under this Policy shall be
a) in the case of damage which can be repaired the cost of repairs necessary to restore the items
to their condition immediately before the occurrence of the damage less salvage, or
b) in the case of a total loss - the actual value of the items immediately before the occurrence of
loss less salvage,
However, only to the extent the costs claimed had to be borne by the Insured and to the extent they
are included in the sums insured and provided always that the provisions and conditions have been
complied with.
The Insurers will make payments only after being satisfied by production of the necessary bills and
documents that the repairs have been affected or replacement has taken place, as the case may
be. All damage which can be repaired shall be repaired, but if the cost of repairing any damage
equals or exceeds the value of the items immediately before the occurrence of the damage, the
settlement shall be made on the basis provided for in b) above.
The cost of any provisional repairs will be borne by the Insurers if such repairs constitute part of the
final repairs and do not increase the total repair expenses.
The cost of any alterations, additions and/or improvements shall not be recoverable under this
Policy.
RELIANCE EAR 7
Memo 3 - Extension of Cover: Extra charges for overtime, nightwork, work on public holidays,
express freight are covered by this insurance only if previously and specially agreed upon in writing.
Memo 4 - Surrounding Property: Loss of or damage to property located on or adjacent to the site
and belonging to or held in care, custody or control of the Principal(s) or the Contractor(s) shall only
be covered if occurring in direct connection with the erection, construction or testing of the items
insured under Section 1 and happening during the Period of Cover, and provided that a separate
sum therefore has been entered in the Schedule under Section 1, item 4. This cover does not apply
to construction/erection machinery and construction/erection plant and equipment.
General Exclusions
The Insurers will not indemnify the Insured in respect of loss, damage or liability directly or indirectly
caused by or arising out of or aggravated by
1. (a) war, invasion, act of foreign enemy, hostilities (whether war be declared or not), civil war,
rebellion, revolution, insurrection, mutiny, riot, strike, lock-out, civil commotion, military or
usurped power, a group of malicious persons or persons acting on behalf of or in connection
with any political organization, conspiracy, confiscation, commandeering, requisition or
destruction or damage by order of any government de jure or de facto or by any public
authority;
b) nuclear reaction, nuclear radiation or radioactive contamination;
c) wilful act or wilful negligence of the Insured or of his representatives;
d) Cessation of work whether total or partial.
2. This insurance does not cover any loss, damage or expense of whatsoever nature directly or
indirectly caused by, resulting from, happening through or in connection with;
(ii) An act of terrorism, regardless of any other cause contributing concurrently or in any
other sequence to the loss, damage or expense. For this exclusion, terrorism means an
act of violence or an act dangerous to human life, tangible property or infrastructure with
the intention or effect to influence any government or to put the public or any section of
the public in fear.
In any action suit or proceeding where the insurer alleges that by reason of this definition
a loss, damage or expense is not covered by this policy, the burden of proving that such
loss, damage or expense is covered shall be upon the insured.
In any action, suit or other proceeding where the Insurers allege that by reason of the provisions of
Exclusion a) above any loss, destruction, damage or liability is not covered by this insurance the
burden of proving that such loss, destruction, damage or liability is covered shall be upon the
Insured.
RELIANCE EAR 8
Period of Cover
The liability of the Insurers shall commence notwithstanding any date to the contrary specified in
Schedule, directly upon commencement of work or after the unloading of the items entered in the
Schedule at the site and shall continue until immediately after taking over or after the first test
operation or test loading is completed whatever is the earlier, but not beyond four weeks (unless
otherwise agreed in writing) from the date of commencement of the test. If, however, a part of a
plant or one or several machine(s) is/are tested and/or put into operation or taken over, the cover for
that particular part of the plant or machine(s) and any liability resulting therefrom ceases whereas
the cover continues for the remaining parts.
In the case of second-hand items, the insurance hereunder shall, however, cease immediately on
the commencement of the test.
At the latest the insurance shall expire on the date specified in the Schedule. Any extensions of the
Period of Insurance are subject to the prior written consent of the Insurers.
It is agreed and understood that otherwise subject to the terms, exclusions, provisions and
conditions contained in the Policy or endorsed thereon, and subject to the Insured having paid the
agreed extra premium, this Policy shall be extended to cover loss or damage due to strike, riot and
civil commotion which for the purpose of this Endorsement shall mean (subject always to the
Special Conditions hereinafter contained) loss of or damage to the property insured directly caused
by
1. The act of any person taking part together with others in any disturbance of the public peace
(whether in connection with a strike or lock-out or not) not being an occurrence mentioned in
condition 2 of the Special Conditions thereof,
2. The action of any lawfully constituted authority in suppressing or attempting suppress any such
disturbance or in minimizing the consequences of any such disturbance.
3. The wilful act of any striker or locked-out worker performed in furtherance of a strike or in
resistance to a lock-out.
4. The action of any lawfully constituted authority in preventing or attempting to prevent any such
act or in minimizing the consequences of any such act.
1. All the terms, exclusions, provisions and conditions of the Policy shall apply in all respects to the
insurance granted by this extension save in so far as the same are expressly varied by the
following Special Conditions, and any reference to loss or damage in the wording of the Policy
shall be deemed to include the perils hereby insured against,
2. The following Special Conditions shall apply only to the insurance granted by this extension, and
the wording of the Policy shall apply in all respects to the insurance granted by the Policy as if
this Endorsement had not been made thereon.
RELIANCE EAR 9
Special Conditions
a) Loss or damage resulting from total or partial cessation of work or the retarding, interruption or
cessation of any process or operation,
d) Consequential loss or liability of any kind or description, any payments over and above the
indemnity for the material damage as provided herein:
Provided nevertheless that the Insurers are not relieved under b or c above of any liability to the
Insured in respect of physical damage to the property insured occurring before dispossession or
during temporary dispossession.
2. This insurance shall not cover any loss or damage occasioned by or through or in consequence,
directly or indirectly, or any of the following occurrences, namely
a) War, invasion, act of foreign enemy, hostilities or warlike operations (whether war be declared or
not), civil war,
b) Mutiny, civil commotion assuming the proportion of or amounting to a popular rising, military
rising, insurrection, rebellion, revolution, military or usurped power,
c) Any act of any person acting on behalf of or in connection with any organization with activities
directed toward the overthrow by force of the government de jure or de facto or to the influencing
of it by terrorism or violence.
In any action, suit or other proceeding, where the Insurers allege that by reason of the provisions of
this condition any loss or damage is not covered by this insurance, the burden of proving that such
loss or damage is covered shall be upon the Insured.
3. This insurance may at any time be terminated by the Insurers on notice to that effect being given
by registered post at the Insured’s last known address, in which case the Insurers shall be liable
to repay a rate able proportion of the premium for the unexpired term from the date of
termination.
4. The limit of indemnity any one occurrence as stated below shall be understood to limit the
indemnity for all loss or damage covered by this Endorsement during a consecutive period of
168 hours.
The aggregate liability of the Insurers during the period of cover of this Policy shall be limited by
twice the limit of indemnity any one occurrence.
RELIANCE EAR 10
MAINTENANCE VISITS COVER
It is agreed and understood that otherwise subject to the terms, exclusions, provisions and
conditions contained in the policy or endorsed thereon and subject to the Insured having paid the
agreed extra premium, this insurance shall be extended for the maintenance period specified
hereunder to cover solely loss of or damage to the contract & erection works caused by the
insured Contractor(s) in the course of the operations carried out for the purpose of complying
with the obligations under the maintenance provisions of the contract.
Maintenance Cover:
OFF-SITE STORAGE
The Insurers will not indemnify the Insured for loss or damage caused by the neglect
of generally accepted loss prevention measures for warehouses or storage units.
Such measures include, in particular:
- ensuring that the storage area is enclosed (either a building or at least fenced -in),
guarded, protected against fire, as appropriate for the particular location or type of
property stored;
- Premises Limit:
AIRFREIGHT
Provided always that such extra charges shall be incurred in connection with any loss
or damage to the insured items recoverable under the Policy
Provided further that maximum amount payable under this Endorsement in respect of
airfreight shall not exceed the amount stated below during the period of insurance.
RELIANCE EAR 11
FIRE-FIGHTING FACILITIES & FIRE SAFETY ON CONSTRUCTION SITE
It is agreed and understood that otherwise subject to the terms, exclusions, provisions and
conditions contained in the Policy or endorsed thereon, the Insurers shall only indemnify the insured
for loss or damage directly or indirectly caused by resulting from fire or explosion, provided always
that:
1. With regard to the progress of work adequate fire-fighting equipment and sufficient
extinguishing agents are available and operative at all times.
2. The cabinets containing hose reels and portable fire extinguishers are inspected at
regular intervals.
Openings for lift shafts, service ducts and other voids are provisionally closed as soon as
possible but not later than at the commencement of fit out work.
4. Waste material is removed regularly. All floors undergoing fit-out are cleared of
combustible waste at the end of each working day.
5. A permit to work system is implemented for all contractors engaged in hot work of
any kind such as but not limited to
- Grinding, cutting or welding operations,
- Use of blow lamps and torches,
- Application of hot bitumen,
or any other heat producing operation.
The area of any hot work is examined one hour after the work has finished.
6. Storage of material for the construction or erection shall be subdivided into storage units
not exceeding the value stated below per storage unit. The individual storage units shall
be either at least 50 m apart or separated by fire-proof walls.
All inflammable material and especially all inflammable liquids and gases shall be stored
at a sufficiently large distance from the property under construction or erection and any
hot work.
A reliable fire alarm system is installed and whenever possible a direct communication
link maintained with the nearest fire brigade.
A Fire Protection Plan and a Site Fire Action Plan are implemented and updated
regularly.
The contractors’ personnel are trained in fire-fighting and fire-fighting drills carried out
weekly.
The nearest fire brigade is familiarized with the site and immediate access maintained for
it at all times.
RELIANCE EAR 12
THEFT CLAUSE
Theft within the meaning of this policy shall mean theft following upon housebreaking (causing
actual force able visible damage to the site stores or premises or part thereof) and connected
therewith or if there shall arise any damage to the said stores or premises, the property of the
insured or for which the insured is legally responsible, which shall be due to any such theft as
aforesaid or any attempt thereat, excluding theft by or with the connivance of any of the family,
construction erection staff or domestic servants of the insured or any other persons lawfully on the
construction erection site stores or premises.
WATCHMAN WARRANTY
Warranted that the premises containing the goods insured (construction material) under the within
mentioned policy is guarded by watchmen, for twenty-four (24) hours on all days during the course
of construction or erection.
2. Includes, involves, or is associated with the use or threatened use of force, violence or harm
against any person, tangible or intangible property, the environment, or any natural
resources, where the act or threatened act is intended, in whole or in part, to
(a) Promote or further any political, ideological, philosophical, racial, ethnic, social or
religious cause or objective of the perpetrator or any organisation, association or group
affiliated with the perpetrator
(b) Influence, disrupt or interfere with any government related operations, activities or
policies;
(c) Intimidate, coerce or frighten the general public or any segment of the general public;
or
(d) Disrupt or interfere with a national economy or any segment of a national economy; or
3. Includes, involves, or is associated with, in whole or in part, any of the following activities,
or the threat thereof:
(a) Hijacking or sabotage of any form of transportation or conveyance, including but not
limited to spacecraft, satellite, aircraft, train, vessel, or motor vehicle;
(b) Hostage taking or kidnapping
(c) The use of any biological, chemical, radioactive, or nuclear agent, material, device or
weapon;
(d) The use of any bomb, incendiary device, explosive or firearm;
(e) The interference with or disruption of public or commercial services and systems,
including but not limited to the following services or systems: electricity, natural gas,
power, postal, communications, telecommunications, information, public
transportation, water, fuel, sewer or waste disposal;
(f) The injuring or assassination of any elected or appointed government official or any
government employee;
RELIANCE EAR 13
(g) The seizure, blockage, interference with, disruption of, or damage to any government
buildings, institutions, functions, events, tangible or intangible property or other assets;
or
(h) The seizure, blockage, interference with, disruption of, or damage to tunnels, roads,
streets, highways, or other places of public transportation or conveyance.
B. Any of the activities listed in section A (3) above shall be considered Terrorist Activity except
where Insured can conclusively demonstrate to the Insurer that the foregoing activities or
threats thereof were motivated solely by personal objectives of the perpetrator that are
unrelated, in whole or in part, to any intention to
1. Promote or further any political, ideological, philosophical, racial, ethnic, social or
religious cause or objective of the perpetrator or any organization, association or
group affiliated with the perpetrator;
2. Influence, disrupt or interfere with any government related operations, activities or
policies;
3. Intimidate, coerce or frighten the general public or any segment of the general public;
or
4. Disrupt or interfere with a national economy or any segment of a national economy.
For the purpose of this endorsement an act of terrorism means an act, including but not limited to
the use of force or violence and/or the threat thereof, of any person or group(s) of persons,
whether acting alone or on behalf of or in connection with any organisation(s) or government(s),
committed for political, religious, ideological, or ethnic purposes or reasons including the
intention to influence any government and/or to put the public, or any section of the public, in
fear.
For the purpose of a) "contamination" means the contamination, poisoning, or prevention and/or
limitation of the use of objects due to the effects of chemical and/or biological substances.
If the Insurer alleges that by reason of this exclusion, any loss, damage, cost or expense is not
covered by this Insurance the burden of proving the contrary shall be upon the Insured.
RELIANCE EAR 14