关键词不能为空

当前您在: 主页 > 英语 >

unitprice产品责任险附加条款(英文)

作者:高考题库网
来源:https://www.bjmy2z.cn/gaokao
2021-01-22 23:05
tags:

-

2021年1月22日发(作者:involve的用法)
01. Claim Made Basis Clause
以索赔提出为基础批单(期内索赔式)

It is hereby agreed and amended:
1. This insurance apply to
which first commences on and after the retroactive date designated in schedule, only if:
(1)A claim for damage because of
against any insured during the policy period and
(2) Any insured did not know or could not have reasonably foreseen such occurrence at the
effective date of this Policy.
2. As used in this endorsement:
(1)
when written notice of such claim is received by any insured or by the Company, whichever
comes first;
(2)
occurrence, will be deemed to have been made at the time the first of those claims is made
against any insured;
(3)
organization as a result of an occurrence, will be deemed to have made at the time the first of
those claim is made against any insured.


02. Occurrence Basis Clause

“日落条款”

以事故发生为基础批单(期内发生式)

It is hereby agreed and amended:
1. This insurance applies to “bodily injury” and/or “property damage” resulting from an
occurrence which happens during the policy period described in the schedule, only if:
(1)A claim for damage be
cause of “bodily injury” and/or “property damage” is first made in
writing against the insurer of this Policy by any insured before (
a reporting time limit not exceed
5 years from inception)



and
(2)Any insured did not know or could not have reasonably foreseen such occurrence at
the effective date of this Policy.
2. As used in this endorsement:
(1)“A claim” by a person or organization seeking damage will be deemed to have been
made when written notice of such claim is received by the insurer;

(2)“All claim” for damage because of “bodily injury” to the same person as a result of an
occurrence, will be deemed to have been made at the time the first of those claims is made
against the insurer;
(3)“All claim” for damage because of “property damage” causing lo
ss to the same person
or organization as a result of an occurrence, will be deemed to have made at the time the first
of those claim is made against the insurer.




03. All Cost within the Limit of Indemnity subject to Self Insured Retention
所有索赔处理费用(适用自负额)包含在赔偿限额内

It is agreed that the supplementary payments under the policy are within the limits of insurance
shown in the declarations.
Our right and duty to defend cease when we have used up the applicable limit of insurance in
the payment of judgements, settlements or supplementary payments.
Our obligation to pay the supplementary payments applies only in excess of any Self Insured
Retention amounts stated in the Declarations.

SELF-INSURED RETENTION (PER CLAIM)
1.
Inconsideration of the premium charged, it is agreed the Limits of Insurance for each of the
coverage’s provided by this policy will apply excess of a
US$$50,000.00
per claim.
Self-
Insured Retention (hereinafter referred to as the “Retention Amount”).

The Retention Amount:
(a)
shall apply on
ly to “occurrences” covered under this policy , and

(b)
shall apply separately to each claim arising out of such : “occurrence”, and

(c)
shall include all Supplementary Payment of policy
Your bankruptcy, insolvency or inability to pay the Retention Amount shall not increase our
obligation under this policy .
2.
We shall have the right but not the duty to participate with you at our own expense in the
defense or settlement of any claim or suit seeking damages covered under this policy. In
the event of a claim or suit which in our reasonable judgment may result in payments,
including supplementary payments, in an amount in excess of the retention amount, we
may assume control of the defense or such claim of suit. You will continue to be
responsible for the payment of the retention amount.
3.
In the event there is any other insurance, whether or not collectible, applicable to an
“occurrence”, claim or suit within the retention amount, you will continue to be responsible
for the full retention amount before the limits of insurance under this policy apply.


04. Employees' Bodily Injury Exclusion
雇员身体伤害除外条款(或称为雇主责任除外条款)

Notwithstanding anything to the contrary contained in this Policy, it is agreed that this Policy
shall not apply to any liability for bodily injury, sickness, disease, occupational disease,
disability, shock, mental anguish or mental injury, including death at any time resulting
therefrom, sustained by an employee of the Insured, and arising out of and in the course of his
employment by the Insured.
Subject otherwise to the terms exceptions and conditions of the Policy.


05. Punitive/Exemplary Damage Exclusion
惩罚性赔偿
/
罚金除外条款

It is agreed that such coverage as is afforded by this policy shall not apply to fines, penalties,
punitive or exemplary damages against the named insured.
06. War and Terrorism Exclusion
战争及恐怖主义除外条款(采用美国政府对恐怖主义之定义)

It is hereby declared and agreed that this endorsement modifies insurance provided under the
following:

Under any “Exclusions” Section, War is deleted in its entirety and replaced with the following:

“Bodily injury”, “property damage” “personal injury” or “advertising injury” due t
o war, whether
or not declared, or any act or condition incident to war.

War includes civil war, insurrection,
invasion, act of foreign enemy, civil commotion, factional civil commotion, military or usurped
power, rebellion or revolution.


All “Exclusions” Sections, is amended with the addition of the following exclusion:


“Bodily injury” or “property damage” arising directly or indirectly as a result of or in connection
with “terrorism” including, but not limited to, any contemporaneous or ensuing “bodily injury” or
“property damage” caused by fire, looting or theft.


“Terrorism” means the use or threatened use of force or violence against person or property, or
commission of an act dangerous to human life or property, or commission of an act that
interferes with or disrupts an electronic or communication system, undertaken by any person
or group, whether or not acting on behalf of or in connection with any organization,
government, power, authority or military force, when the effect is to intimidate or coerce a
government, the civilian population or any segment thereof, or to disrupt any segment of the
economy.

Terrorism shall also include any act which is verified or recognized by the United States
Government as an act of terrorism.

All other terms and conditions of the policy remain the same.



07. Absolute Pollution Exclusion
绝对污染除外条款

Notwithstanding anything to the contrary contained in this Policy, it is agreed that this policy
shall not apply:
A.
To any personal injury or property damage arising out of the actual or threatened
discharge, dispersal, release or escape of pollutions, anywhere in the world;
B.
To any loss, cost or expense arising out of any governmental direction or request that the
insured, the company or any other person or organization test for, monitor, clean up,
remove, contain, treat, detoxify or neutralize pollution.

C.
To any loss, cost or expense, including but not limited to costs of investigation or attorney’s
fees, incurred by a government unit or any other person or organization to test for, monitor,
clean up, remove, contain, treat, detoxify or neutralize pollutions.


“Pollutions” means any solid, liquid, gaseous or thermal irritant or contaminant, including
smoke, vapor, soot, fumes, acids, alkalis, chemicals and waste materials. Waste materials
include materials which are intended to be or have been recycled reconditioned or reclaimed.


Further, should the underlying limits become impaired or exhausted for claim(s) payment(s)
and/or loss adjustment expense(s) excluded by this endorsement, coverage provided by this
policy will not drop down over the impaired or exhausted underlying limits, however, the policy
will continue to respond for covered claims in excess of the limits stated in the declaration
page as underlying.

Subject otherwise to the terms exceptions and conditions of this Policy.


08. Absolute Asbestos Exclusion

绝对石棉污染除外条款

Notwithstanding anything to the company contained in this Policy, it is agreed that this policy
shall not apply:


A.
To any liability for property damage, personal injury, sickness, disease, occupation disease,
disability, shock, death, mental anguish or mental injury at any time arising our of the
manufacture of, mining of, use of, sale of ,installation of, removal of, distribution of, or
exposure to asbestos, asbestos products, asbestos fibers or asbestos dust;

B.
To any obligation of the insured to indemnify any party because of damages arising our of
such property damage, personal injury, sickness, disease, occupation disease, disability,
shock, death, mental anguish or mental injury at any time as a result of the manufacture of,
mining of, use of, sale of, installation of, removal of, distribution of or expense to asbestos,
asbestos products, asbestos fibers or asbestos dust;

C.
To any obligation to defend any suit or claim against the insured alleging personal injury, or
property damage, if such suit or claim arises from personal injury or property damage
resulting from or contributed to, by any and all manufacture of, mining of, use of, sale of,
installation of, removal of, distribution of, or exposure to asbestos, asbestos products,
asbestos fibers or asbestos dust.


Further, should the underlying limits become impaired or exhausted for claim(s) payment(s)
and/or loss adjustments expense(s) excluded by this endorsement, coverage provided by this
policy will not drop down over the impaired or exhausted underlying limits, however, the policy
will continue to respond for covered claims in excess if the limits stated in the declaration page
as underlying.

Subject otherwise to the terms exceptions and conditions of this policy.




09. Nuclear Energy Liability Exclusion
核能责任除外条款

It is hereby understood and agreed that notwithstanding anything to the contrary contained in
this policy, the insurance is subject to the Nuclear Energy Liability Exclusion as follows:

1.
The insurance dose not apply:
A.
Under any Liability Coverage to Bodily Injury or Property Damage:
(1)
With respect to which an Insured under the policy is also an insured under a
nuclear energy liability policy issued by Nuclear Energy Liability Insurance
ASSOCIATION, mutual Atomic Energy Liability Underwriters, Nuclear Insurance
Association of Canada or any of their successors, or would be an insured under
any such policy but for its termination upon exhaustion of its limit of liability; or
(2)
Resulting from the Hazardous Properties of Nuclear Material and with respect to
which (a) any person or organization is required to maintain financial protection
pursuant to the Atomic Energy Act of 1954, or any law amendatory thereof, or (b)
the Insured is, or had this policy not been issued would be entitled to indemnity
from the United States of America, or any agency thereof, under any agreement
entered into by the United Stated of America, or any agency thereof, with any
person or organization.




B.
Under any Medical Payments coverage, to expenses incurred with respect to Bodily
Injury resulting from the Hazardous Properties of Nuclear Material and arising out of
the operation of a Nuclear Facility by any person or organization.
C.
Under any Liability Coverage, to Bodily Injury or Property Damage resulting from the
Hazardous Properties of Nuclear Material:
(1)
The Nuclear Material (a) is at any Nuclear Facility owned by, or operated by or on
behalf of, an Insured or (b) has been discharged or dispersed therefrom;
(2)
The Nuclear Material is contained in Spent Fuel or Waste at any time possessed,
handled, used, processed, stored, transported or disposed of by or on behalf of
an Insured, or
(3)
The Bodily Injury or Property Damage arises out of the furnishing by an Insured
of services, materials, parts or equipment in connection with the planning,
construction, maintenance, operation or use of any Nuclear Facility, but if such
facility is located within the United States of America, its territories or
possessions or Canada, this exclusion (3) applies only to Property Damage to
such Nuclear Facility and any property thereat.

2.
As used in this endorsement:
Hazardous Properties include radioactive, toxic or explosive properties.
Nuclear Material means Source Material, Special Nuclear Material or By-Product Material.
Source Material, Special Nuclear Material and By-Product Material have the meanings
given to them in the Atomic Energy Act of 1954 or in any law amendatory thereof.
Spent Fuel means any fuel element or fuel component, solid or liquid, which has been
used or exposed to radiation in a Nuclear Reactor.
Waste means any waste material (a) containing By-Product Material other than the tailing
or wastes produced by the extraction or concentration of uranium or thorium from any one
processed primarily for its Source material content, and (b) resulting from the operation by
any person or organization of any Nuclear Facility included under the two paragraphs of
the definition of Nuclear Facility.
Nuclear Facility means:
(a)
Any Nuclear Reactor.
(b)
Any equipment or device designed or used for (1) separating the isotopes of uranium
or plutonium, (2) processing or utilizing Spent Fuel, or (3) handling, processing or
packaging Waste,
(c)
Any equipment or device used for the processing, fabricating or alloying of Special
Nuclear Material if at any time the total amount of such material in the custody of the
Insured at the premises where such equipment or device is located consists of or
contains more than 25 grams of plutonium or uranium 233 or any combination thereof,
or more than 250 grams of uranium 235,
(d)
Any structure, basin, excavation, premises or place prepared or used por the storage
or disposal of Waste,
and includes the site on which any of the foregoing is located, all operations conducted on
such site and all premises used for such operations.
Nuclear Reactor means any apparatus designed or used to sustain nuclear fission in a
self-supporting chain reaction or to contain a critical mass of fissionable material.
Property Damage includes all forms of radioactive contamination of property.

Subject otherwise to the terms exceptions and condition of this Policy.


10. Additional Insured Clause-
Vendor’s Designated Form

销售商扩展条款(指定经销商)

Name of Person or Organization (Vendor)

For Example:
AMES DEPT. STORES
P
. 4096, ROCKY HILL, CT 06067
BRANDSMART U.S.A.

Any vendor is an insured, but only with respect to bodily injury or property damage arising out
of the distribution or sale of your products in the regular course of that vendor’s business.


Insurance with respect to the vendor does not apply to:

(a)any express warranty unauthorized by the name insured;

(b)bodily injury or property damage arising out of



(i)any physical or chemical change in the form of the product made intentionally by the
vendor,



(ii)repacking, unless unpacked solely for the purpose of inspection, demonstration, testing
or the substitution of parts under instruction from the manufacturer and then repacked in the

-


-


-


-


-


-


-


-



本文更新与2021-01-22 23:05,由作者提供,不代表本网站立场,转载请注明出处:https://www.bjmy2z.cn/gaokao/552085.html

产品责任险附加条款(英文)的相关文章