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Applicable to shipments on board Ro-Ro passenger ferries and to shipments on board:
Passenger vessels transporting more than 12 passengers and oil tankers, chemical tankers, gas carriers, bulk carriers and cargo high speed craft of 500 gt or more.
Applicable with effect from 1 July 2002 to shipments on board all other cargo ships and mobile offshore drilling units of 500 gt or more.
In no case shall this insurance cover loss, damage or expense where the subject matter insured is carried by a vessel that is not ISM Code certified or whose owners or operators do not hold an ISM Code Document of Compliance when, at the time of loading of the subject matter insured on board the vessel, the Assured were aware, or in the ordinary course of business should have been aware:-
Either that such vessel was not certified in accordance with the ISM Code. Or that a current Document of Compliance was not held by her owners or Operators as required under the SOLAS Convention 1974 as amended and incorporated in the SA Merchant Shipping Act.
This exclusion shall not apply where this insurance has been assigned to the party claiming hereunder who has bought or agreed to buy the subject matter insured in good faith under a binding contract.
In the event of loss of or damage to any part or parts of an insured machine caused by a peril covered by the Policy the sum recoverable shall not exceed the cost of replacement or repair of such part or parts plus charges for forwarding and refitting, if incurred, but excluding duty unless the full duty is included in the amount insured in which case loss, if any, sustain ed by payment of additional duty shall also be recoverable. Provided always that in no case shall the liability of Underwriters exceed the insured value of the complete machines
Notwithstanding anything contained to the contrary it is hereby understood and agreed that the indemnity provided by this Policy will only apply on payment of full premium to the Company in accordance with the provisions of Section 156 of the Insurance Act Cap 487 failure to which cover lapses.
Subject otherwise to the terms and conditions limitations and exceptions of the policy.
It is hereby declared and agreed that, regardless of any contributory causes, this Policy does not cover any loss, damage, cost or expense directly or indirectly arising out of:-
For the purpose of this exclusion an act of "terrorism" means an act, including but not limited to the use of force or violence and/or the threat thereof, or any person or group(s) or persons, whether acting alone or on behalf of or in connection with any organization(s) or government(s), committed for political, religious, ideological or ethic purposes or reasons including the intention to influence any government and/or to put the public, or any section of the public, in fear.
For the purpose of this exclusion "contamination" means the contamination, poisoning, or prevention and/or limitation of the use of objects due to the effects of chemical and/or biological substances. If the Company alleges that by reason of this exclusion any loss, damage, cost or expense is not covered by this Policy the burden of proving the contrary shall be upon the Insured.
It is a condition under this policy that: -