The liability of the Insurers shall commence, notwithstanding any date to the contrary specified in the Schedule, with the unloading of the property specified in the Schedule at the Contract Site and shall expire on the data specified in the Schedule. The Insurer’s liability expires also for parts of the insured contract works taken over or put into service by the Principal prior to the expiry date specified in the Policy whichever shall be earlier.
If a maintenance period is specified in the Schedule, the liability of the Insurers during this period shall be limited to any loss or damage caused by the insured Contractor(s) in the course of the operations carried out for the purpose of complying with the obligation sunder the Maintenance Clause of the contract.
The due observance and fulfilment of the Terms of this Policy in so far as they relate to anything to be done or complied with by the Insured shall be a condition precedent to any liability of the Insurers to make any payment under this Policy. The Schedule and the Section(s) shall 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 Section(s). Any word or expression to which a specific meaning has been attached in any part of this Policy or of the Schedule or of the Section(s) shall bear such meaning wherever it may appear. he Insured shall take all reasonable precautions to prevent loss, damage or liability and to comply with sound engineering practice, statutory requirements and manufacturer’s recommendations and maintain in efficient condition all contract works, construction plant, equipment and construction machinery insured by this Policy. The Insured shall immediately notify the Insurers in writing of any material change in the risk insured hereunder; the scope of cover and/or the premium shall, if necessary, be adjusted accordingly. Representatives of the Insurers shall at any reasonable time have access to the site or premises and to all pertinent data, documents, drawings, etc. and shall have the right to inspect any property insured. In the event of any occurrence which might give rise to a claim under this Policy, the Insured shall.
(a) immediately notify the Insurers by telephone or telegram as well as in writing;(b) take all steps within his power to minimise the extent of the loss or damage;(c) preserve the damaged parts and make them available for inspection by are presentative or surveyor of the Insurers;(d) furnish all 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 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 are presentative of the Insurers shall have the opportunity of inspecting the loss or damage before any repairs or alterations are effected. Nothing herein shall prevent the Insured from taking such steps as are absolutely necessary for the security and continuation of the contract work. If a representative of the Insurers does not carry out the inspection with in a period of time which could be considered as adequate under the circumstances the Insured is entitled to proceed with the repairs or replacement. 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 rights or remedies, or of obtaining relief or indemnity from parties (other than those insured under this policy) to which the Insurers shall be or would become entitled or subrogated upon their paying for or making good any loss or damage under this Policy, whether such acts and things shall be or become necessary or required be fore or after the Insurer’s indemnification by the Insurers.8. All differences arising out of this Policy shall be referred to the decision of an Arbitrator to be appointed 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 calendar month after having been required in writing so to do by either of the parties, or, in case the Arbitrators do not agree, of an Umpire to be appointed in writing by the Arbitrators before entering upon the reference. The Umpire shall sit with the Arbitrators and preside at their meetings. The Arbitrators and the Umpire shall be qualified Engineers. The making of an award shall be a condition precedent to any right of action against the Insurers.
GENERAL CONDITIONS (Cont/d…)
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 any one 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 commenced within three months after such rejection or, in case of arbitration taking place as provided herein, within three months after the Arbitrator or Arbitrators or Umpire have made their award, all benefit under this Policy shall be forfeited.10. If at the time any claim arises under the Policy there be any other insurance covering the same loss, damage or liability the Insurers shall not be liable to pay or contribute more than their rate able proportion of any claim for such loss or damage.
PROPERTY INSURED(Material Damage)
The Insurers hereby agree
with the Insured that if at any time during the period of insurance stated in the Schedule, or during any further period of extension thereof, the property or any part thereof described in the Schedule shall suffer any unforeseen loss or damage from any cause, other than those specifically excluded, in a manner necessitating repair or replacement the Insurers will pay or make good all such loss or damage 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 all the total sum expressed in the said Schedule as insured here by. 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 but not exceeding in all the sum set opposite thereto in the Schedule.
EXCLUSIONS TO SECTION I
The Insurers will not indemnify the Insured in respect of
expenditure incurred in doing or redoing or making good or repairing or replacing any work or property covered or coverable under Section I of this Policy;2. 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 Endorsement); 3. liability consequent upon(a) bodily injury to or illness of employees or workmen of the Contractor(s) or the Principal or any other firm connected with the contract work or members of their families;(b) loss of or damage to property belonging to or held in care, custody or control of the Contractor(s), the Principal or any other firm connected with the contract work or an employee or workman of one of the aforesaid;(c) any accident caused by vehicles licensed for general road use or by water born evessels or aircraft;(d) any agreement by the Insured to pay any sum by way of indemnity or otherwise unless such liability would have attached in the absence of such agreement.
SPECIAL CONDITIONS APPLYING TO SECTION II
No admission, offer, promise, payment or indemnity shall be made or given by or on behalf of the Insured without the written consent of the Insurers who shall be entitled if they so desire to take over and conduct in the name of the Insured the defence or settlement of any claim or to prosecute for their own benefit in the name of the Insured any claim for indemnity or damage or otherwise and shall have full discretion in the conduct of any proceedings or in the settlement of any claim and the Insured shall give all such information and assistance as the Insurers may require.2. The Insurers may so far as any accident is concerned pay to the Insured the limit of indemnity for any one accident (but deducting therefrom in such case any sum or sums already paid as compensation in respect thereof) or any lesser sum for which the claim or claims arising from such accident can be settled and the Insurers shall thereafter beunder no further liability in respect of such accident under this section.