MARINE CARGO POLICY
PERPARED BY ZURICH SEGUROS, S.A.
POLICY NO: ZSQ/F78/MPE/8029374
o Stake :
PROSPECTIVE INSURED: Detegasa’s Oily Water Separator (OWSAN series)
Sub contractor information.
Name :
Address :
Phone :
Sign :
NOTE: PLEASE, READ THIS DOCUMENT CAREFULLY AND SEE THAT IT CONFORMS WITH YOUR REQUEST OTHERWISE
THE SCHEDULE
Policy No. ZSQ/F78/MPE/8029374 ` Date of Policy: 9th April 2019
Name of Assured: Detegasa’s Oily Water Separator (OWSAN series)
CENTRO DE COMERCIO MUNDIAL BARCELONA EDIFICI SUD PLANTA 2
Subject Matter Insured: MARINE CARGO INSURANCE
Voyage or Period of Insurance: FROM: 9th April 2019
TO: FEBUARY 2021
BOTH DATES INCLUSIVE AND FOR SUCH OTHER PERIOD OR PERIODS AS MAY BE
MUTUALLY AGREED UPON
Geographical Limit:
(Voyager Policy) INTERNATIONAL WATERWAYS
Amount Insured Hereunder: 33,000EUROS
PROTECTION & INDEMNITY COVER FOR ANY
THIRD PARTY PERSONAL AND PROPERTY
DAMAGE UP TO 1,800,000EUROS
Premium: Not Applicable
Excess: CARGO: Detegasa’s Oily Water Separator (OWSAN series)
P & I 100,000
Total Loss Excess: 10% OF CARGO VALUE
CLAUSES, ENDORSEMENTS, SPECIAL CONDITIONS, WARRANTIES ATTACHED, AS
FORMING PART OF THIS POLICY AS PER THE ATTACHED
MARINE [CARGO] INSURANCE POLICY
We, the Assurers, Zurich Seguros, S.A. hereby agree in consideration of
the payment to us by or on behalf of the Assured of the premium specified in the
Schedule to insure against loss damage liability or expense in the manner hereinafter
Provided.
IN WITHNESS WHEREOF, on behalf of the Assurers, I have hereunto set my hand
in at Caracas, Venezuela Chevron
The schedule must bear the signature of a person duly authorized to sign on
behalf of the Assurers.
This insurance is subject to Venezuelan jurisdiction.
Dated in Maracaibo this
IMPORTANT
1. Please examine your policy to ensure that it has been made out according to your instructions. If not, kindly return immediately for alteration.
2. This policy is incomplete without the schedule and endorsements bearing the same policy number.
3. Every change affecting the risks insured by this policy must be immediately advised to the company. Failure to do this might result in the insurance ceasing to be of effect. The policy is not transferable from the insured to any other person until the company’s written consent has been obtained.
4. The address for notices and communication under this policy is:
Calle Mohedano, Caracas 1060, Miranda, Venezuela
5. In event of any loss or damage, notice should be given IMMEDIATELY to the company as directed and all practicable steps should be taken to safeguard the property insured.
INSTITUTE RADIOACTIVE CONTAMINATION EXCLUSION CLAUSE-CL 356
The clause shall be paramount and shall override anything contained in this insurance inconsistent therewith.
1. In no case shall this insurance cover loss, damage, liability or expense directly or indirectly caused by or contributed to by or contributed to by or arising from:
[a] lonising radiations from or contamination by
Radioactivity from any nuclear fuel or from any
Nuclear waste or from the combustion of nuclear fuel.
[b] The radioactive, toxic, explosive or other
Hazardous or contamination properties of any
nuclear installation, reactor or other nuclear
assembly or nuclear component thereof.
[c] Any weapon of war employing atomic or nuclear
Fission and/or fusion or other like reaction or
Radioactive force or matter.
MARINE POLLUTION EXCLUSION CLAUSE 1.5.71
Notwithstanding anything to the contrary contained in this policy this policy does not
insure against any loss damage, cost liability expense, fine or penalty, if any kind or nature
whatsoever incurred by the insured, directly or indirectly,
In consequence of, or with respect to, the actual or potential discharge, emission, spillage
or leakage upon or into the seas, waters, land or air anywhere in the world, or any
pollutant, including but not limited to oil, petroleum products, chemical or other
substances of any kind or nature whatsoever.
All terms and conditions of this policy shall be deemed amended to the extent
to give full force and effect to this exclusion.
JURISDICTION CLAUSE
Notwithstanding anything contained herein to the contrary it is agreed that
the indemnity provided herein shall not apply to:
[a] Compensation for damages in respect of judgments delivered or obtained in the first instance in a court of competent jurisdiction outside the geographical area.
[b] Costs and expenses of all litigation recovered by any claimant form the insured which are not incurred in and recoverable in the geographical area.
For purposes of this clause the Geographical Area shall mean the Federal Republic of
Nigeria.
SEAWORTHINESS WARRANTY
It is warranted that the seaworthiness of the insure vessel(s) shall continuously be
maintained and that documentary evidence(s) such as seaworthiness Certificate, Engine
Log Records, Maintenance Records etc. shall be properly maintained and safely kept
for inspection at all times.
NIGERIAN CLASSIFICATION CLAUSE
THE MARINE TRANSIT RATES AGREED FOR THIS INSURANCE APPLY ONLY TO CARGOES
AND/OR INTERESTS CARRIED BY MECHANICALLY SELF-PROPELLED VESSELS OF STEEL
CONSTRUCTION, CLASSED AS BELOW BY ONE OF THE
FOLLOWING CLASSIFICATION SOCIETIES:
Lioyd’s Register - 100 A1 or B.S
American Bureau -
Of Shipping - + A1
Bureau Veritas - 1 3/3E
Germanischer Lioyd - +100A+
Korean Register
Of Shipping - +KRSI
Nippon Kaiji Kyokai - NS*
Norske Veritas - +LAI
Registro Italiano - *100A 1.1 NAV.L
Maritime Register
Of Shipping - *KM
China Classification
Society - *CSA
PROVIDED SUCH VESSELS ARE
[a] (i) not bulk and/or combination over 15 years of age
[b] (i) not over 15 years of age OR
(ii) over 15 year of age not over 25 years of age and have established and maintained a regular pattern of trading on an advertised schedule to load and unload at specified ports.
CHARTERED VESSELS AND ALSO VESSELS UNDER 2000 G.R.T WHICH ARE
MECHANICALLY SELF PROPELLED AND OF STEEL CONSTRUCTION MUST BE
CLASSED AS ABOVE AND NOT OVER 15 YEARS OF AGE.
THE REQUIREMENTS OF THE CLASSIFICATION CLAUSE DO NOT
APPLY TO ANY CRAFT, RAFT OR LIGHTER USED TO LOAD OR UNLOAD THE
VESSELS WHILST THEY ARE WITHIN THE PORT AREA.
CARGOES AND/OR INTERESTD CARRIED BY MECHANICALLY SELF-PROPELLED
VESSELS NOT FALLING WITHIN THE SCOPE OF THE ABOVE ARE NOT COVERD
HEREUNDER.
PIRATE ATTACK EXCLUSION CLAUSE
NOTWITHSTANDING ANYTHING CONTAINED HEREIN TO THE CONTRARY IT IS
UNDERSTOOD AND AGREED THAT LOSS OR DAMAGE TO THE VESSEL(S)
ASSURED BY THIS POLICY AS A RESULT OF PIRATE ATTACK
CLAUSES, ENDORSEMENTS, SPECIAL CONDITIONS, EXTENSIONS, MEMOS
AND WARRANTIES ATTACHED, AS FORMING PART OF THIS POLICY
▪ INSTITUTE TIM (CARGOS)
▪ INSTITUTE VOYAGE CLAUSELS
▪ MARINE POLLUTION EXCLUSION CLAUSE
▪ INSTITUTE RADIOACTIVE CONTAMINATION EXCLUSION CLAUSE
▪ SUBJECT TO VENEZUALAN JURISDICTION CLAUSE
▪ WARRANTED THAT SAFETY MEASURES, MAINTENANCE AND FIRE EXTINGUISHING APPLIANCES ARE ALL COMPLIED WITH
▪ WARRANTED THAT COMPETENT AND EXPERIENCE HAND [EXISTING CREW MEMBER AND/OR CAPTAIN] TO BE ON BOARD WITH THE INSURED ANYTIME THE VESSEL IS AILING
▪ INCLUDING PROTECTION AND INDEMNITY COVER UP TO $1, 400,000,000.00 AS PER CLAUSE 20 OF THE INSTITUTE FISHING VESSEL CLAUSES
▪ THE AGE LIMIT UNDER SECTION 2 [a] OF VENEZUALA CLASSIFICATION CLAUSE 1/01/2002 IS HEREBY AMENDED TO READ “DO NOT EXCEED 20 YEARS”
▪ THE VESSEL, PRIOR TO DEPARTING VENEZUALAN WATERS, SHOULD OBTAIN A WEATHER FORCEAST FROM A RELIABLE SOURCES AND PROCEED UNDER GOOD WEATHER PREDICTIONS ONLY. DAILY UPDATES SHOULD BE PROCURED THROUGHOUT THE VOYAGE”
▪ SHOULD INCLEMENT UNPREDICTED WEATHER CONDITIONS OCCUR WHILE THE VESSEL IS UNDERWAY AND OPERATING IN UNPROTECTED WATERS, THEN THE VESSEL SHOULD FIRST SEEK SAFE HARBOR AND, IF UNABLE TO REACH SAFE HARBOR, SHOULD REDUCE SPEED UNTIL INCLEMENT WEATHER SUBSIDES
▪ ALL DOORS AT THE MAIN DECK ELEVATION TO REMAIN CLOSED DURING TRANSIT IN UNPROTECTED WATERS
▪ VESSEL AND POSITION TO BE REPORTED TO THIS OFFICE VIA GPS ENTRY EACH DAY OF THE VOYAGE. REPORT MUST INCLUDE LOCAL WEATHER AND SEA CONDITIONS.
▪ ALL LOOSE ITEMS DECK TO BE SECURED OR PROPERLY STORED (5 GALLON BUCKETS, DRUMS, HORSES AND MOORING LINES)
▪ VESSEL IS NOT TO DEVIATE FROM ATTACHED PLANNING ROUTE PLAN
▪ WARRANTED THAT COVER GRANTED BY THE WITHIN POLICY EXCLUDES WAR AND ITS ALLIED RISKS
INSTRUCTIONS FOR SURVEY
In the event of loss or damage which may involve a claim under this insurance, immediate notice of such loss or damage should be given the Assurers and a Survey report obtained from an approved Surveyor or as directed by them.
CLAIMS
In case of any lawful claim hereon it is agreed that same shall be settled by the COMPANY or the claims Settling Agents named herein upon surrender of the original policy duly endorsed. if there is litigation on the policy the insured will be asked to submit original policy document to the court and the insurance company will also do the same. If there is a loss without any litigation the company will settle the loss without the insured surrendering the policy document]. The insurance shall be subject to English Law and Practice in so far as the English Law does not conflict with the Laws of Bolivarian Republic of Venezuela.
DOCUMENTATION OF CLAIMS
To enable claims to be dealt with promptly, the Assured or their Agents are advised to submit all available supporting documents without delay, including when applicable:
1. Original Policy of Insurance
2. The Log Book
3. Protest and/or Extended Protest
4. Particulars of Tenders for Repairs which must be approved by the company
5. Surveyors Report or other documentary evidence to show loss or damage
6. Receipts for Disbursements
7. Particulars of amount realized on sale of “Old” for “New”
8. Statement of time occupied in repairs for owners account
9. Average statement, showing extracts from log
10. Correspondence exchange with other parties regarding their liability for loss or damage.
WAR RISKS EXTENSION
In consideration of the additional premium paid by the Insured the policy is
Extended to cover any loss or damage occasioned directly by, or through, or in
Consequence of any of the following occurrences, namely:
1. War, invasion, act of foreign enemy, hostilities or warlike operations (whether war be declared or not, civil war)
2. Mutiny, civil commotion, military rising, insurrection, rebellion, revolution, military or usurped power, martial law or state of siege or any of the events or causes which determine the proclamation or maintenance of martial law or state of siege.
3. Any riot, strike or public disorder or any act or activity, which is calculated or directed to bring about public disorder unless riots and strike extension is endorsed on the policy and then only to the extent stated.
4. Any act which is calculated or directed to bring about loss or damage in order to further any political aim, objective or cause, or to bring about any social or economic change or in protest against any state or government, or any political or local authority, or for the purpose of imposing fear in the public or any section thereof.
5. The act of any lawfully established authority in controlling, preventing, suppressing or in any other way dealing with any occurrence referred to in items 4 and 5 above
6. Plundering, looting, war, pillage in connection with riots and/or civil commotion.
For the purposes of this endorsement cover provided excludes loss, damage or destruction to the insured vessels arising out of the usage of the insured vessels in established war torn regions.
STRIKE, RIOT AND CIVIL COMMOTION
It is hereby declared and agreed that the indemnity granted by his policy is extended to include property damage, injury or death arising from Riot, strike and civil commotion.
PROVIDED that the indemnity given by reason of his endorsement shall not apply to any accident loss, damage or liability directly or indirectly proximately or remotely occasioned by contributed to by or traceable to or arising out of or in connection with:
(a) War invasion the effect of foreign enemies institution or war like operation (whether war be declared or not) Civil War.
(b) Mutiny Civil Commotion assuming the proportions of or amounting to a popular rising military rising rebellion revolution military or usurped power or any act person acting on behalf of or in connection with any organization with activities directed towards the overthrow by force of the Government de jure de facto or to the influencing of it by terrorism or violence.
(c) The Insured’s direct involvement with the Riot, Strike and Civil commotion or by the direct or indirect consequences of any of the said occurrences.
REINSTATEMENT VALUE CONDITIONS
It is hereby declared and agreed that in event of the property insured under the
within written policy being destroyed or damaged, the basis upon which the
amount payable under each of the said items of this policy is to be calculated,
shall be the cost of replacing or reinstating on the same site property of the same
kind or type but not superior to or more extensive than the insured property
when new, subject to the following Special Provisions and subject also to the
terms and conditions of the policy except in so far as the same be varied thereby:
SPECIAL PROVISIONS
1. The work or replacement or reinstatement (which may be carried out upon another site and in any manner suitable to the requirements of the insured) subject to the liability of the insurer not being thereby increased must be commenced and carried out within twelve months, after the destruction or damage, or within such further time as the Insurers may (during the said twelve months) in writing allow, otherwise no payment beyond the amount which would have been payable under the policy if this memorandum had not been incorporated therein shall be made.
2. Until expenditure has been incurred by the Insured in replacing or reinstating the property destroyed or damaged the Insurers shall not be liable for any payment in excess of the amount which would have been payable under the policy if the memorandum has not been incorporated therein.
3. If at the time of replacement or reinstatement the sum representing the cost which would have been incurred in replacement or reinstatement if the whole of the property covered had been destroyed, exceeds the sum insured thereon at the breaking out of any fire or at the commencement of any destruction of or damage to such property by any other perils insured against by the policy then the Insured shall bear a rateable proportion of the loss accordingly. Each item of the policy (if more than one) to which this memorandum applies shall be separately subject to
the foregoing provisions.
4. This memorandum shall be without force or effect if:
(a) The Insured fails to intimate to the Insurers within six months from the date of destruction or damage or of such further time as the Insurers may in writing allow his intention to replace or reinstate the property destroyed or damaged.
(b) The Insured is unable or unwilling to replace or reinstate the property destroyed or damaged on the same or another site.
EXPEDITING EXPENSES (UP TO 10% OF CLAIM)
It is hereby understood that this policy extends to include overtime, night works,
work on public holidays, express freight, air freight and the like being additional
expenses reasonably and necessarily incurred with the approval of the company
by the insured and for:
(a) Transport costs or express carriage rates and/or air freight of damaged machinery and/or replacement of parts.
(b) Overtime rates of wages in connection with the repairs or replacement following an indemnifiable claim under the policy.
However, the Insurer’s liability in respect of this extension shall not exceed 10 per of amount claimed.
MALICIOUS DAMAGE CLAUSE
It is hereby declared and agreed that the scope of cover provided by this policy
Shall include any loss or damage to the property insured directly caused by
malicious act of any person.
PLANT IMMOBILIZATION CLAUSE
In the event of plant and/or equipments and/or dredger becoming accidentally
Immobilized in any physical situation to which this policy applies the necessarily
Incurred cost of recovery and/or withdrawal shall be admitted by insures as
loss or damage within the meaning of this policy.
No indemnity shall be provided hereunder, however, in respect of the cost
rectifying electrical and/or mechanical breakdown necessary to effect the said
recovery or withdrawal.
POLITICAL RISKS EXCLUSION
The policy does not cover any loss or damage occasioned directly or indirectly by,
or through, or in consequence of any of the following occurrences, namely:
1. War, invasion, act of foreign enemy, hostilities or warlike operations (whether war be declared or not, civil war)
2. Abandonment and/or permanent or temporary dispossession resulting from detention, confiscation, seizure, restraint, commandeering, nationalization, appropriation, destruction or requisition by order of any government de jure or de facto or by any public authority.
3. Mutiny, civil commotion, military rising, insurrection, rebellion, revolution, military or usurped power, material law or state of siege or any of the events or causes which determine the proclamation or maintenance of martial law or state of siege.
4. Any riot strike or public disorder or any act or activity which is calculated or directed to bring about public disorder unless riots and strike extension is endorsed on the policy and then only to the extent stated.
5. Any act which is calculated or directed to bring about loss or damage in order to further any political aim, objective or cause, or to bring about any social or economic change or in protest against any state or government, or any political or local authority, or for the purpose of imposing fear in the public or any section thereof.
6. The act of any lawfully established authority in controlling preventing, suppressing or in any other way dealing with any occurrence referred to in items 4 and 5 above
7. Plundering, looting, war, pillage in connection with riots and/or civil commotion.
For the purposes of item 4,5 and 6, any loss or damage occasioned directly by
labour disturbance, lock-out or strike shall not be excluded.
TIME ADJUSTMENT CLAUSE
it is hereby agreed that any loss of or damage to the property described in the
schedule rising during one period of 72 hours caused by flood, storms, tempest,
water damage subsidence, collapsed or earthquake, shall be deemed to be a
single event and thereof to constitute an occurrence with regards to sum insured
and the excesses on the schedule of the policy.
