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1、慕尼黑再保险安装工程一切险Contractors All Risks InsuranceWhereas the Insured named in the Schedule hereto has made to ACE Insurance Limited (hereinafter called “the Insurers”) a written proposal by completing a Questionnaire which together with any other statements made in writing by the Insured for the purpose
2、of this Policy is deemed to be incorporated herein.Now this Policy of Insurance witnesses 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 wil
3、l indemnify the Insured in the manner and to the extent hereinafter provided.General ExclusionsThe 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 (a) war, invasion, act of foreign enemy, hostilities
4、(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 person or persons acting on behalf of or in connection with any political organization, conspiracy, confiscation, commande
5、ering, 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
6、or partial.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 u
7、pon the Insured.Period of Cover The liability of the Insurers shall commence notwithstanding any date to the contrary specified in the Schedule, directly upon commencement of work or after the unloading of the terms entered in the Schedule at the site. The Insurers liability expires for parts of the
8、 Insured contract works taken over or put into service. 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.General Conditions1.The due observance and fulfillment of the ter
9、ms of this Policy in so far as they relate to anything to be done or complied with by 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 Sections(s) shall
10、 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 Section(s). Any word or expression to which a specific meaning has been attached in any part of this Policy or of the Schedule
11、 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 rec
12、ommendations.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 no
13、tify 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 o
14、r admitted by the Insured whereby the risk is increased, unless the continuance of the insurance is 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 shalla) immediately notify the Insurers by telephone or telegram
15、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 a
16、ll 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.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 fourteen
17、 (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 repair
18、s 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 adequate under the circumstances, the Insured is entitled to proceed with the repairs or replacement.The liability of the Insurers under this Policy
19、in respect of any item sustaining damage shall cease 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 rig
20、hts or remedies, or of obtaining relief or indemnity from parties (other than those insured under this Policy) to which the Insurers are or would become entitled or which is or would be subrogated to them upon their paying for or making good any loss or damage under this Policy, whether such acts an
21、d things are or become necessary or required before or after the Insureds indemnification by the Insurers.7. If any difference arises 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
22、 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 (1) calendar month after having been required in writing so to do by either of the parties, or, in case the
23、 arbitrators do not agree, of an umpire to be appointed in writing by the arbitrators before the latter enter 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 action against the Insurers.8.
24、 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 on his behalf to obtain any benefit under this Policy, or if a claim is made and rejected and no action or suit is
25、commenced within three (3) months after such rejection or, in the case of arbitration taking place as provided herein, within three (3) 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
26、 the Policy there is any other insurance covering the same loss, damage or liability, the Insurers shall not be liable to pay or contribute more than their rateable proportion of any claim for such loss, damage or liability.Section I Material DamageThe Insurers hereby agree with the Insured that if
27、at any time during the period of cover the items or any part thereof entered in the Schedule shall suffer any unforeseen and sudden physical loss or damage from any cause, other than those specifically excluded, in a manner necessitating repair or replacement, the Insurers will indemnify the Insured
28、 in respect of such 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 wh
29、ere applicable and not exceeding in all the total sum expressed in the Schedule as insured hereby.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 t
30、he Schedule.Special Exclusions to Section IThe Insurers shall not, however, be liable for(a) the deductible stated in the Schedule to be borne by the Insured in any one occurrence;(b) consequential loss of any kind or description whatsoever including penalties, losses due to delay, lack of performan
31、ce, loss of contract;(c) loss or damage due to faulty design;(d) the cost of replacement, repair or rectification of defective material and/or workmanship, but this exclusion shall be limited to the items immediately affected and shall not be deemed to exclude loss of or damage to correctly executed
32、 items resulting from an accident due to such defective material and/or workmanship;(e) wear and tear, corrosion, oxidation, deterioration due to lack of use and normal atmospheric conditions;(f) loss or damage due to electrical or mechanical breakdown, failure, breakage or derangement, freezing of
33、coolant or other fluid, defective lubrication or lack of oil or coolant, but if as a consequence of such breakdown or derangement an accident occurs causing external damage, such consequential damage shall be indemnifiable;(g) loss of or damage to vehicles licensed for general road use or waterborne
34、 vessels or aircraft;(h) loss of or damage to files, drawings, accounts, bills, currency, stamps, deeds, evidences of debt, notes, securities, cheques;(i) loss or damage discovered only at the time of taking an inventory.Provisions Applying To Section IMemo 1 Sums Insured: It is a requirements of th
35、is insurance that the sums insured stated in the Schedule shall not be less thanfor Item 1:the full value of the contract works at the completion of the construction, inclusive of all materials, wages, freight, customs duties, dues and materials or items supplied by the Principal; for Item 2 and 3:t
36、he replacement value of construction plant, equipment and construction machinery which shall mean the cost of replacement of the insured items by new items of the same kind and same capacity;and the Insured undertakes to increase or decrease the amounts of insurance in the event of any material fluc
37、tuation in 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 reco
38、verable 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 settlem
39、ent 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 conditions 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
40、occurrence of the loss less salvagehowever, only to the extent the costs claimed had to be borne by the Insured and to the extent they are include in the sums insured and provided always that the provisions and conditions have been complied with.The Insurers will make payments only after being satis
41、fied by production of the necessary bills and documents that the repairs have been effected 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
42、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 an
43、d/or improvements shall not be recoverable under this Policy.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.Section II Third Party LiabilityThe Insurers wi
44、ll indemnify the Insured up to but not exceeding the amounts specified in the Schedule against such sums which the Insured shall become legally liable to pay as damages consequent upon(a) accidental bodily injury to or illness of third parties (whether fatal or not),(b) accidental loss of or damage
45、to property belonging to third partiesoccurring in direct connection with the construction or erection of the items insured under Section I and happening on or in the immediate vicinity of the site during the Period of Cover.In respect of a claim for compensation to which the indemnity provided here
46、in applies, the Insurers will in addition indemnify the Insured against(a) all costs and expenses of litigation recovered by any claimant from the Insured, and(b) all costs and expenses incurred with the written consent of the Insurers,provided always that the liability of the Insurers under this se
47、ction shall not exceed the limits of indemnity stated in the Schedule.Special Exclusions to Section IIThe Insurers will not indemnify the Insured in respect of 1. the deductible stated in the Schedule to be borne by the Insured in any one occurrence;2. the expenditure incurred in doing or redoing or
48、 making good or repairing or replacing anything covered or coverable under Section I of this Policy;3. damage to any property or land or building caused by vibration or by the removal or weakening of support or injury or damage to any person or property occasioned by or resulting from any such damage (unless especially agreed upon by endorsement);4. liability consequent upona) bodily injury to or illness of employees or workmen of the Contractor(s) or the Principal(s) or any other firm connected with the project which or part of