产品责任险(涉外1995版)英文条款.pdf

This Policy comprises mainly the Schedule,Scope of Cover,Exclusions,Treatment ofClaim,Insureds Obligations,General Conditions and Special Provisions,including alsothe Proposal of Insurance together with its attachments as well as any additions to bemade,from time to time,by the Company in the form of Endorsement.CLAUSESCLAUSESI.I.SCOPE OF COVERSCOPE OF COVERThe Company will indemnify the Insured in the manner and within the limit of liabilityspecified in the Schedule against such sums as the Insured shall become legally liable topay in respect of claims made against the Insured arising from bodily injury to or illness ordeath of or loss of or damage to property of one or more persons using,consuming orhanding the insured products or goods,or of any other persons consequent upon anoccurrence taking place in the territory of coverage within the period of insurance causedby products or goods manufactured or sold by the Insured stated in the Schedule.In respect of any claim covered under this Policy,the Company shall in addition indemnifythe Insured against the relevant legal costs payable by the Insured and other expensesincurred in the above mentioned occurrence with the prior written consent of the Company,but the total liability of the Company for the sums of compensation and the legal costs andexpenses shall in no way exceed the limit of indemnity stated in the Schedule.II.II.EXCLUSIONSEXCLUSIONSThe Company shall not be liable for:1.liability assumed in accordance with any agreement between the Insured and otherparties,unless such liability would have been attached to the Insured notwithstandingsuch agreement;2.liability assumed by the Insured under any Labour Law or Workmens CompensationStatute;3.liability of the Insured to employees which is based on the relationship of Master andServant;4.loss of or damage to the insured products;5.costs arising out of replacement or recall of the insured products;6.loss of or damage to property belonging to or held in care,custody or control of theInsured;7.bodily injury,illness or death or damage to property sustained by any person causedby products or goods manufactured or sold by the Insured in willful violation of anylaw;8.liability arising out of pollution of any kind or description whatsoever such asatmosphere,land and water caused by the insured products;9.liability for loss of or damage to the aircrafts or ships caused by the insured products;10.liability for any consequence arising directly or indirectly from war,warlike operation,hostilities,armed conflicts,terrorism,conspiracy insurrection,coup detat;11.liability for any consequence arising directly or indirectly from strike,riot,civilcommotion or malicious acts;12.liability arising directly or indirectly from nuclear fission,nuclear fusion,nuclearweapon,nuclear material,nuclear radiation and radioactive contamination;13.fines,penalties,punitive or exemplary indemnities;14.The deductibles stated in the Schedule or stipulated in the Policy to be borne by theInsured.III.III.TREATMENT OF CLAIMTREATMENT OF CLAIM1.In the event of any claim recoverable under this Policy:1.1 no admission,rejection,offer,promise,payment or indemnity shall bemade orgiven by or on behalf of the Insured or his representative without the writtenconsent of the Company.And the Company shall be entitled,if it so desires,totake over and conduct in the name of the Insured the defense or settlement of anyclaim;1.2 the Company shall be entitled,at its own expense and for its own benefit,to lodgein the name of the Insured any claim for indemnity against any persons.Withoutthe written consent of the Company,the Insured shall not accept the payment orarrangement of indemnity in respect of the loss or damage offered by any partyheld responsible for such loss or damage and shall not abandon the right ofrecovery from such party,otherwise,the Insured shall be liable for anyconsequence arising therefrom;1.3 the Company shall have full discretion the conduct any proceedings or settle anyclaim,and the Insured shall give all such information and assistance as theCompany may require.2.Bodily injury to or illness or death of or damage to property of more than one personarising from same lot of products or goods manufactured,sold due to the same causeshall be considered as resulting from one occurrence.3.The time of validity of a claim under this insurance shall not exceed a period of twoyears counting from the date of loss.IV.IV.INSUREDS OBLIGATIONSINSUREDS OBLIGATIONSThe following Obligations shall be strictly fulfilled by the Insured and his representative:1.The Insured and his representative,when applying for insurance shall make trueanswers or descriptions to the questions in the Proposal and Questionaire or to anyother questions raised by the Company.2.The Insured and his representative shall pay to the Company in due course theagreed premium in the manner as provided in the Schedule and Endorsements.3.Upon expiration of this insurance,the Insured shall furnish in writing with a statementof actual gross receipts by products or goods manufactured,sold by the Insuredduring the currency of this insurance as basis for calculating the actual premium.Inthe event the actual premium is more than the deposit premium,the Insured shall paythe difference to the Company,if less,the Company will refund the difference to theInsured.But in no case the actual premium shall be less than the minimum premiumas required.The Company shall have the right to require of the Insured at any time within theinsurance period a statement of the entire amount of the total sales of products orgoods manufactured,sold by the Insured during any specified part of the said period.The Company shall also have the right to authorize their representative to examinethe books and records of the Insured and to verify the above relevant figures.4.In the event of any occurrence which gives or might give rise to a claim under thisPolicy,the Insured or his representative shall:4.1notify the Company immediately and,within seven(7)days or any further periodas may be agreed by the Company in writing,furnish a written report to indicatethe course,probable reason and extent of loss or damage;4.2immediately give notice to the Company in writing whenever having knowledgeof any impending prosecution in connection with any accident for which theremay be liability under this Policy,and forward to the Company every letter writ,summons or process or other court documents on receipt thereof;4.3furnish all such information and documentary evidence as the Company mayrequire for supporting the claim.5.If discovery of a defect in any products or goods insured shall indicate or suggest thatsimilar defect exists in other products or goods insured,the Insured shall,at his ownexpenses,investigate and rectify forthwith the defect in such other products or goods.Otherwise,all loss or damage arising out of the said defect shall be borne by theInsured.V.V.GENERAL CONDITIONSGENERAL CONDITIONS1.Policy EffectThe due observance and fulfillment of the terms and conditions of this Policy in so faras they relate to anything to be done or complied with by the Insured shall be acondition precedent to any liability of the Company under this Policy.2.Policy voidanceThis Policy shall be voidable in the event of misrepresentation,misdescription ornon-disclosure made by the Insured or his representative in any material particular inrespect of this insurance.3.Risk Change3.1In the event the Insured manufactures,and/or sells a new product or products orthere is any material change on chemical composition of any product or productsinsured hereunder during the period of insurance,the Insured shall give theCompany a notice in writing within ten(10)days from the date of manufactureand sale thereof to the Company,and a suitable additional premium shall bepaid at the request of the Company,otherwise this insurance shall not extend tocover such product or products.3.2Unless its continuance be admitted by the Company in writing,this Policy shallbe automatically terminated if:the insurable interest of the Insured is lost;the risk of loss or damage is increased.After termination of the Policy,the premium shall be refunded to the Insured calculatedon pro rata daily basis for the period from the date of termination to the date of expiry.4.Policy CancellationThis Policy may be canceled at any time at the request of the Insured in writing or atthe option of the Company by giving a fifteen(15)days prior notice to the Insured.Inthe former case the Company shall retain a premium calculated on short term ratebasis for the time the Policy has been in force while in the latter case such premiumshall be calculated on pro rata daily basis.5.Forfeit of BenefitIf the claim is in any respect fraudulent,or if any fraudulent means or devices are usedby the Insured or his representative to obtain any benefit under this Policy or if anyloss or damage is occasioned by the intentional act or in the connivance of the Insuredor his representative,then in any of these cases,all the rights and benefits of theInsured under this Policy shall be forfeited,and all consequent losses arisingtherefrom including the amount of claim paid by the Company shall be indemnified bythe Insured.6.Reasonable InspectionThe representative of the Company shall at any suitable time be entitled to attend thesite and inspect or examine the risk exposure of buildings,machinery,equipments,working process and products or goods of the Insured.For this purpose,the Insuredshall provide full assistance and all details and information required by the Companyas may be necessary for the assessment of the risk.The above mentioned inspectionor examination shall in no circumstances be held as any admission to the Insured bythe Company.In the event of any defect or danger being apparent to the Companys inspector,theCompany may give notice in writing to theInsured and thereupon all liability of theCompany in respect thereof or arising therefrom shall be suspended until the same becured or removed to the satisfaction of the Company.7.Double InsuranceShould any loss,damage,expenses or liability recoverable under the Policy be alsocovered by any other insurance,the Company shall only be liable to pay or contributehis proportion of the claim irrespective as to whether the other insurance is arrangedby the Insured or others on his behalf,or whether any indemnification is obtainableunder such other insurance.8.SubrogationWhere a third party shall be held responsible for the loss or damage covered underthis Policy,the Insured shall,whether being indemnified by the Company or not,takeall necessary measures to enforce or reserve the right of recovery against such thirdparty,and upon being indemnified by the Company,subrogate to the Company all theright of recovery,transfer all necessary documents to and assist the Company inpursuing recovery from the responsible party.9.DisputeAll disputes under this insurance arising between the Insured and the Company shallbe settled through friendly negotiations.Where the two parties fail to reach anagreement after negotiations,such dispute shall be submitted to arbitration or to courtfor legal actions.Unless otherwise agreed,such arbitration or legal action shall becarried out in the place where the defendant is domiciled.VI.VI.SPECIAL PROVISIONSSPECIAL PROVISIONSThe following provisions shall be applied to all parts of this Policy and shall override theother terms and conditions of this Policy if any conflict arises.1.Claim Made Basis ClauseIt is hereby agreed and amended:1)This insurance apply to“bodily injury”and“property damage”resulting from anoccurrence which first commences on and after the retroactive date designated inthe schedule,only if:a)A claim for damage because of“bodily injury”and“property damage”is firstmade in writing against any insured during the policy period andb)Any insured did not know or could not have reasonably foreseen suchoccurrence at the effective date of this policy.