内部通讯系统INSTITUTE CARGO CLAUSES (AIR)

2021年1月21日发(作者：两件套)
1/1/82





INSTITUTE CARGO CLAUSES (AIR)
(excluding sendings by Post)

RISKS COVERED
1.
This insurance covers all risks of loss of or damage to the subject-matter insured except as provided in Clauses 2, 3 and 4 below.

EXCLUSIONS
2.
In no case shall this insurance cover
2.1
loss damage or expense attributable to wilful misconduct of the Assured
2.2
ordinary leakage, ordinary loss in weight or volume, or ordinary wear and tear of the subject-matter insured
2.3
loss damage or expense caused by insufficiency or unsuitability of packing or preparation of the subject-matter insured (for the
purpose of this Clause 2.3 “packing” shall be deemed to include stowage in a container of liftvan but only when such stowage
is
carried out prior to attachment of this insurance or by the Assured or their servants)
2.4
loss damage or expense caused by inherent vice or nature of the subject-matter insured
2.5
loss damage or expense arising from unfitness of aircraft conveyance container or liftvan for the safe carriage of the subject-
matter insured, where the Assured or their servants are privy to such unfitness at the time the subject-matter insured is loaded
therein
2.6
loss damage or expense proximately caused by delay, even though the delay be caused by a risk insured against
2.7
loss damage or expense arising from insolvency or financial default of the owners managers charterers or operators of the
aircraft
2.8
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.

3.
In no case shall this insurance cover loss damage or expense caused by
3.1
war civil war revolution rebellion insurrection, or civil strife arising therefrom, or any hostile act by or against a belligerent power
3.2
capture seizure arrest restraint or detainment (piracy excepted), and the consequences thereof or any attempt thereat
3.3
derelict mines torpedoes bombs or other derelict weapons of war.

4.

In no case shall this insurance cover loss damage or expense
4.1
caused by strikers, locked-out workmen, or persons taking part in labour disturbances, riots or civil commotions
4.2
resulting from strikes, lock-outs, labour disturbances, riots or civil commotions
4.3
caused by any terrorist or any person acting from a political motive.

DURATION
5.

5.1
This insurance attaches from the time the subject-matter insured leaves the warehouse, premises or place of storage at the place


named herein for the commencement of the transit, continues during the ordinary course of transit and terminates either
5.1.1
on delivery to the Consignees’ or other final warehouse, premises or place of storage at the destination named herein,

5.1.2
on delivery to any other warehouse, premises or place of storage, whether prior to or at the destination named herein, which the
Assured elect to use either
5.1.2.1

for storage other than in the ordinary course of transit or
5.1.2.2

for allocation or distribution

or
5.1.3
on the expiry of 30 days after unloading the subject-matter insured from the aircraft at the final place of discharge,

whichever shall first occur.
5.2
If, after unloading from the aircraft at the final place of discharge, but prior to termination of this insurance, the subject-matter
insured is forwarded to a destination other than that to which it is 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.
5.3
This insurance shall remain in force (subject to termination as provided for above and to the provisions of Clause 6 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 the air carriers under the contract of carriage.

6.

If owing to circumstances beyond the control of the Assured either the contract of carriage is terminated at a place other than the destination
named therein or the transit is otherwise terminated before delivery of the subject-matter insured as provided for in Clause 5 above, then this
insurance shall also 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
6.1
until the subject-matter is sold and delivered at such place or, unless otherwise specially agreed, until the expiry of 30 days after
arrival of the subject-matter hereby insured at such place, whichever shall first occur,

or
6.2
if the subject- matter is 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 5 above.

7.

Where, after attachment of this insurance, the destination is changed by the Assured,
held covered at a premium and on conditions to be
arranged subject to prompt notice being given to the Underwriters.

CLAIMS
8.
8.1
In order to recover under this insurance the Assured must have an insurable interest in the subject-matter insured at the time of


the loss

8.2
Subject to 8.1 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.

9.

Where, as a result of the operation of a risk covered by this insurance, the insured transit is terminated at a place other than that to which the
subject-matter is covered under this insurance, the Underwriters will 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 9, which does not apply to general average or salvage charges, shall be subject to the exclusions contained in Clauses 2,3 and
4 above, and shall not include charges arising from the fault negligence insolvency or financial default of the Assured or their servants.

10.

No claim for Constructive Total Loss shall be recoverable hereunder unless the subject-matter insured is reasonably abandoned either on
account of its actual total loss appearing to be unavoidable or because the cost of recovering, reconditioning and forwarding the subject-
matter to the destination to which it is insured would exceed its value on arrival.


11.

11.1

and


11.2

If any Increased Value insurance is effected by the Assured on the cargo insured herein the agreed value of the cargo shall be
deemed to be increased to the total amount insured under this insurance and all Increased Value insurances covering the loss,
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.
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

12.

This insurance shall not inure to the benefit of the carrier or other bailee.

MINIMISING LOSSES

13.

It is the duty of the Assured and their servants and agents in respect of loss recoverable hereunder

13.1
to take such measures as may be reasonable for the purpose of averting or minimising such loss,


and

13.2
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.

14.

Measures taken by the Assured or the Underwriters with the object of saving, 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
15.

It is a condition of this insurance that the Assured shall act with reasonable despatch in all circumstances within their control.

LAW AND PRACTICE
16.
This insurance is subject to English law and practice.










------------------------------------ --------------------------------------------------

NOTE:-


It is necessary fo
r 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.


3.

伦敦保险协会货物条款
(
航空
)(
邮递除外
)1/1/1982
承保风险


1
本保险包括保险对 象的一切损失或损坏的风险，以下
2
，
3
和

4
款规定的除外。

风险条款

免责条款


一
般
免
责
条款

2
本保险不包括

2.1
因投保人故意违法行为造成的毁损或费用

2.2
重量或总量的普通漏损、损失或保险对象的普通磨损

2.3
保险对象因包装或准备的不足或不当造成的损毁或费用
(
就


本条款
2.3
而言，“包装”应认为包括集装箱或装货箱的理

仓，不过这样的理仓只有在本保险开始之前执行，或由被保险

人或其服务者执行
)
2.4
由保险对象的固有瑕疵或性质所造成的损毁或费用

2.5
由于飞机集装箱或装货箱在安全运输保险对象之不当而造


成的损毁或费用，保险对象在装货时被保险人或其服务者


是暗知这种不当的。

2.6
由于耽搁造成的损毁或费用，即使这种耽搁是由于保过险


的风险引起的

2.7
由于货主、管理者、租借人或飞机经营者的财务违约而无


力偿还所造成的损毁或费用

2.8
由于使用任何战争武器，利用原子或核裂变或聚变，或其


类似反应，或放射性力或物引起的损毁或费用


3
在任何情况下本保险均不包括以下情况造成的损毁或费用：

3.1
战争、内战、革命、叛乱、暴动，或由此而引起的内乱，或

由交战国采取的或针对交战国采取的任何敌对行为

3.2
俘获、扣押、拘捕、限制或扣留（海盗行为除外），或由此

引的后果或任何企图

3.3
海上遗弃物水雷，鱼雷、炸弹或其他海上遗弃的战争武器


4
在任何情况下本保险均不包括：

4.1
由罢工者、闭厂工人，或参与工潮、骚乱或内乱引起的损


毁或费用

4.2
由罢工、闭厂、工潮、骚乱或内乱引起的损毁或费用

4.3
由任何恐怖份子或出于某一政治动机的代理者引起的损毁


或费用


持续时间


5 5.1
保对象离开仓库、房屋或本保险指定的开始运输地点的


贮存处时，本保险即开始，在通常运输期间继续和终止：

5.1.1
交
货给承销商或其他最终仓库、房屋或本保险指定的目的


地的贮存处

5.1.2
交
货给任何仓库、房屋或本保险指定目的地的贮存处，被


保险人可选择采用

5.1.2.1
作贮存之用，而不是通常的运输途径，或

5.1.2.2
调配或分配之用


或

5.1.3
在
最终卸货地点从飞机上卸下保险对象之后的有效期为

30
天不论何种情况先发生。

5.2
若在最终卸货地点从飞机上卸货之后，但在本保险终止之


前，保险对象交给某一目的地而不是依此保险的目的地，


本保险继续按上述规定执行终止，但不应超过开始运输


范围扩展到其他目的地。

5.3
本保险在超过保险人的控制范围外的耽搁、偏离航程、

通运条款

战
争
免
责
条款

罢
工
免
责
条款