CAR建筑工程一切险英文条款.docx

1、CAR建筑工程一切险英文条款CONSTRUCTION ALL RISKS CLAUSES （2009 Version ）GENERAL PROVISIONArticle 1. The Insurance Contract incorporates the Insurance Clauses, Proposal, Policy, Endorsements (if any). Any agreement related to the Insurance Contract shall be in written form.SECTION I - MATERIAL DAMAGESUBJECT MATT

2、ER INSUREDArticle 2 The property and costs which are related to the construction contract and situated in the specified worksite, are insured hereby, provided being itemized and listed in the Policy.Article 3 The following property or costs shall not be insured by this Policy, unless otherwise speci

3、fically agreed between the Insurer and the Insured and with sum insured stated in this Policy:3.1 Construction plants, machinery and equipments;3.2 The property belonging to the Insured which exists or is formed within or in the vicinity of the worksite before the commencement of the contract works

4、insured;3.3 The property or any part of it which has been put into commercial use or taken over or actually occupied by the Employer or the property or any part of it for which a certificate of completion has been issued or which has been accepted by the representative of the Employer after the Cont

5、ractor formally proposes works acceptance before the expiry date of this Policy;3.4 Debris removal costs, which means necessary and reasonable costs and/or expenses incurred by the Insured to remove and dispose of debris at the worksite for the purpose of repairing the insured property after an even

6、t giving rise to identifiable loss or damage under this Section.Article 4 The following items and articles are not insured by this Policy: 4.1 Documents, books, drawings, technical data, computer software, computer data, and other property of which the value could not be appraised;4.2 Portable commu

7、nication devices, portable computer devices, portable photographic camera equipment and other portable devices or equipment;4.3 Land, seabed, mineral, water, animals, plants, crops;4.4 Vehicles, ships or aircraft licensed for general transport use or covered by other insurance;4.5 Illegal or dangero

8、us buildings or structures, or illegally occupied property. SCOPE OF COVERArticle 5 Subject to the terms, exclusions, conditions and provisions contained in the Policy or endorsed thereon, the Insurer shall indemnify the Insured for the physical loss of or damage to the property insured (physical lo

9、ss or damage being hereinafter termed Damage) during the period of insurance within the specified worksite arising from any Natural Hazard or Accident other than those specifically excluded in this Policy.Article 6 Subject to the terms, exclusions, conditions and provisions contained in the Policy o

10、r endorsed thereon, the Insurer shall also indemnify the Insured for the following costs and/or expenses incurred in consequence of the Damage caused by event insured by this Policy as stated in Article 5 during the period of insurance:6.1 costs and/or expenses necessarily and reasonably incurred by

11、 the Insured for preventing or mitigating the Damage of subject matter insured after an event insured hereby;6.2 other related costs and/or expenses specified in this Policy in respect of the above-mentioned loss or damage.EXCLUSIONSArticle 7 The Insurer shall not be liable for:7.1 loss of or damage

12、 to property insured and/or any part thereof or any costs and/or expenses resulting from faulty design;7.2 loss of or damage to property insured itself and/or any costs and/or expenses resulting from wear and tear, inherent or latent defect, change in substance, spontaneous combustion, natural heati

13、ng, oxidation, rust and corrosion, leakage, mice, insects or vermin, change in atmosphere (climatic or temperature) conditions, change in normal water level or any other progressively operating cause;7.3 loss of or damage to the property insured itself due to defective material or bad workmanship an

14、d expenses incurred to replace, repair or rectify such fault, defect, error, or omission;7.4 loss of or damage to the mechanical or electrical devices insured themselves unless due to external forces; loss of or damage to the construction plants machinery and equipments or mechanical devices themsel

15、ves due to breakdown or derangement thereof.Article 8 The Insurer shall not be liable for:8.1 costs and/or expenses incurred for normal maintenance or overhaul;8.2 loss of or damage to files, documents, account books, bills, cash, securities, drawings, data and packing materials;8.3 shortage discove

16、red at the time of taking an inventory;8.4 loss of or damage to vehicles, ships or aircraft licensed for general transport use or having been covered by any other insurance;8.5 unless otherwise agreed, loss of or damage to the property belonging to the Insured which exists or is formed within or in

17、the vicinity of the worksite before the commencement of the contract works;8.6 unless otherwise agreed, loss of or damage to the property insured or any part thereof for which a certificate of completion has been issued or which have been tested and accepted or actually occupied or put into service

18、or taken over by the Employer before the expiry date of this Policy.SUM INSURED AND DEDUCTIBLEArticle 99.1 The sum insured of this Policy shall not be less than: 9.1.1 For contract works - the full value exposed at the completion of the contract works including costs and/ expenses of materials, equi

19、pments, construction and erection, freight and premium, customs duty, any other taxes and expenses, including any free issue material and equipments which are to be incorporated therein. 9.1.2 For other Items Insured - the sums agreed upon between the Insured and the Insurer.9.2 If the sum insured i

20、s based on the estimated value stated in the construction contract, the Applicant and/or Insured shall: 9.2.1 notify the Insurer in writing as soon as practical if the contract value including all costs and expenses under this Policy exceeds the original insured contract value due to rise in price o

21、r appreciation, and the Insurer shall then adjust the sum insured accordingly; 9.2.2 keep a precise record in writing on the particulars of the contract works concerned during the period of insurance and allow the Insurer to inspect and examine such record at any reasonable time; 9.2.3 declare to th

22、e Insurer the actual amount spent in the contract works by the time of declaration as well as updated estimate contract value at an interval of every twelve (12) months from the inception date of this Policy, if the construction period of the insured project is longer than thirty-six (36) months, th

23、e Insurer shall adjust the premium accordingly; 9.2.4 provide the Insurer with the actual final contract value within three (3) months after the expiry date of the Policy, and the premium shall be adjusted accordingly.Article 10 The deductible shall be agreed upon between the Applicant and the Insur

24、er when entering into the insurance contract and be specified in this Policy. LOSS SETTLEMENTArticle 11 The Insurer may, at his own option, indemnify the insured in respect of loss of or damage to the property insured either by way of payment in cash or by way of repair or replacement of the items l

25、ost or damaged. Nevertheless the extra costs and/or expenses of any alterations, additions or improvements occurring in the course of repair or replacement carried out by the Insured shall not be recoverable under this Policy.Article 12 In case of any loss or damage recoverable under this Policy, th

26、e Insurer shall ascertain the loss amount on the following basis:12.1 In cases where damage which can be repaired, the Insurer shall indemnify the costs incurred necessarily to repair or to restore the damaged property to its nearest condition immediately before the occurrence of loss or damage afte

27、r deducting the salvage value specified in Article 46. If, however, the costs of repair equal or exceed the actual value of the damaged property immediately before the occurrence of loss or damage, the settlement shall be made on the basis provided for in Article 12.2;12.2 In the event of a total or

28、 constructive total loss, the Insurer shall pay the actual value of the insured property immediately before the occurrence of the loss or damage, after deducting the salvage value as reached in Article 46. Article 13 For the loss of or damage to the insured property recoverable under this Policy, th

29、e amount of indemnity shall be ascertained on the following basis: 13.1 If the sum insured is equivalent to or higher than the amount required to be insured , the amount of indemnity shall be the actual loss sustained but in no case shall the maximum liability of the Insurer exceed the amount requir

30、ed to be insured. 13.2 If the sum insured is less than the amount required to be insured, the amount of indemnity shall be such a proportion of the actual loss as the sum insured bears to the amount required to be insured, but in no case shall the maximum liability of the Insurer exceed the sum insu

31、red. Article 14 The amount of indemnity for any one accident is the amount as reached in Article 13 after deduction of the deductible for any one accident, or the amount as reached in Article 13 after deduction of the amount multiplying the deductible ratio. Any loss of or damage to the property ins

32、ured arising during any one period of seventy-two (72) consecutive hours, caused by storm, typhoon, flood or other continuous occurrence of natural hazards shall be deemed as a single event and constitute one loss occurrence, deducting the deductible (ratio) for one time in the settlement of any claim. The commencement of any such seventy-two (72) hour period can be decided at the discretion of the Insured. However, there shall be no overlapping in any two or more such seventy-two (72) hour periods in the event of damage occurring over several continuous seventy-two (72) hour