Institute Time Clauses Hulls 1/11/95 Cl. 280 (ITC)
ONLY WITH THE CURRENT MAR POLICY FORM)
insurance is subject to English law and practice
1.1. The Vessel
is covered subject to the provisions of this insurance at all times and has
leave to sail or navigate with or without pilots, to go on trial trips and to
assist and tow vessels or craft in distress, but it is warranted that the
Vessel shall not be towed, except as is customary or to the first safe port or
place when in need of assistance, or undertake towage or salvage services under
a contract previously arranged by the Assured and /or Owners and/or Managers
and/or Charterers. This Clause 1.1. shall not exclude customary towage in
connection with loading and discharging.
This insurance shall not be prejudiced by reason of the Assured entering into
any contract with pilots or for customary towage which limits or exempts the
liability of the pilots and/or tugs and/or towboats and/or their owners when
the Assured or their agents accept or are compelled to accept such contracts in
accordance with established local law or practice.
practice of engaging helicopters for the transportation of personnel, supplies
and equipment to and/or from the Vessel shall not prejudice this insurance.
the event of the Vessel being employed in the trading operations which entail
cargo loading or discharging at sea from or onto another vessel (not being a
harbour or inshore craft) no claim shall be recoverable under this insurance
for loss of or damage to the Vessel or liability to any other vessel arising
from such loading or discharging operations, including whilst approaching,
lying alongside and leaving, unless previously notice that the Vessel is to be
employed in such operations has been given to the Underwriters and any amended
terms of cover and any additional premium required by them have been agreed.
the event of the Vessel sailing (with or without cargo) with the intention of
being (a) broken up, or (b) sold for breaking up, any claim for loss of or
damage to the Vessel occurring subsequent to such sailing shall be limited to
the market value of the Vessel as scrap at the time when the loss or damage is
sustained, unless previous notice has been given to the Underwriters and any
amendments to the terms of cover, insured value and premium required by them
have been agreed. Nothing in this Clause 1.5. shall affect claims under Clauses
8 and/or 10.
the Vessel at the expiration of this insurance be at sea and in distress or
missing, she shall, provided notice be given to the Underwriters prior to the
expiration of this insurance, be held covered until arrival at the next port in
good safety, or if in port and in distress until the Vessel is made safe, at a
pro rata monthly premium.
3. Breach of Warranty.
covered in case of any breach of warranty as to cargo, trade, locality, towage,
salvage services or date of sailing, provided notice be given to the
Underwriters immediately after receipt of advices and any amended terms of
cover and any additional premium required by them be agreed.
is the duty of the Assured, Owners and Managers at the inception of and
throughout the period of this insurance to ensure that
the Vessel is classed with a Classification Society agreed by the underwriters
and that her class within that Society is maintained,
and recommendations requirements or restrictions imposed by the Vessel’s
Classification Society which relate to the Vessel’s seaworthiness or to her
maintenance in a seaworthy condition are complied with by the dates required by
the event of any breach of duties set out in Clause 4.1. above, unless the
Underwriters agree to the contrary in writing, they will be discharged from
their liability under this insurance as from the date of the breach provided
that if the Vessel is at sea at such date the Underwriters’ discharge from
liability is deferred until arrival at her next port.
incident condition or damage in respect of which the Vessel’s Classification
Society might make recommendations as to repairs or other action to be
taken by the Assured, Owners or Managers
must be promptly reported to the Classification Society.
Should the Underwriters wish to approach the Classification Society directly for information and/or documents.,
the Assured will provide the necessary authorisation.
This Clause 5 shall prevailnotwithstanding any provisions whether written typed or printed in thisinsurance inconsistent therewith.
the Underwriters agree to the contrary in writing, this insurance shall
terminate automatically at the time of
change of the Classification Society of the Vessel, or change, suspension,
discontinuance, withdrawal or expiry of her Class
therein, or any of the Classification Society’s periodic surveys becoming
overdue unless an extension of time for such survey be agreed by the
Classification Society, provided that if the Vessel is at sea such automatic
termination shall be deferred until arrival at her next port. However where
such change, suspension, discontinuance or withdrawal of her Class or where a
periodic survey becoming overdue has resulted from loss or damage covered by
Clause 6 of this insurance or which would be covered b an insurance of the
Vessel subject to current Institute War and Strikes Clauses Hulls - Time such
automatic termination shall only operate should the Vessel sail from her next
port without the prior approval of the Classification Society or in the case of
a periodic survey becoming overdue without the Classification Society having
agreed an extension of time for such survey.
change, voluntary or otherwise, in the ownership or flag, transfer to new
management, or charter on a bareboat basis, or
requisition for title or use of the Vessel, provided that, if the Vessel has
cargo on board and has already sailed from her loading port or is at sea in
ballast, such automatic termination shall if required be deferred, whilst the
Vessel continues her planned voyage, until arrival at final port of discharge
if with cargo or at port of destination if in ballast. However, in the event of
requisition for title or use without the prior execution of a written agreement
by the Assured, such automatic termination shall occur fifteen days after such
requisition whether the Vessel is at sea or in port.
rata daily net return of premium shall be made provided that a total loss of
the Vessel, whether by insured perils or otherwise, has not occurred during the
period covered by this insurance or any extension thereof.
This insurance covers loss of or damage to the subject-matter insured caused by
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