Transportation
Scope of insurance subject matter
Article 1: All goods transported by road in China can be the subject of
this insurance.
Article 2: The following goods are not covered by the insurance subject
matter unless specifically agreed upon between the policyholder and the insurer
and specified in the insurance policy (certificate): gold and silver, jewelry,
diamonds, jade, jewelry, ancient coins, antiques, ancient books, paintings,
stamps, artworks, rare metals, and other precious properties.
Article 3: The following goods are not within the scope of the insurance
subject matter: vegetables, fruits, live livestock, poultry, fish, and other
animals.
Insurance Liability
Article 4: The insurer shall be responsible for compensating for the
losses and expenses of the insured goods caused by the following insurance
accidents in accordance with the provisions of this clause:
(1) Losses
caused by accidents during loading, unloading, or transshipment;
(2) The loss of goods caused by collision or compression, such as
breakage, bending, indentation, breakage, or cracking;
(3) Loss of goods due to packaging breakage;
(4) The loss of leakage caused by collision or compression of liquid
goods, or the loss of decay and deterioration caused by liquid leakage of goods
stored in liquid;
Exemption from Liability
Article 5: The insurer shall not be liable for compensation for the loss
of the insured goods caused by the following reasons:
(1)War,
hostile acts, military actions, seizures, strikes, riots, looting;
(2) Losses caused by earthquakes;
(3) Loss caused by theft or non delivery of the entire package;
(4) The loss caused by the existing poor quality or short quantity of the
insured goods before the commencement of insurance liability;
(5) Loss or expense caused by natural wear and tear, essential defects, or
characteristics of the insured goods;
(6) Losses caused by market price drops and transportation delays;
(7) Losses caused by the shipper's responsibility;
(8) Intentional or illegal behavior of the policyholder or insured;
Article 6: The insurer shall not be liable for compensation for illegal or
illegal goods recognized by relevant national departments.
Article 7: Other losses that
do not fall within the scope of insurance liability.
Starting and ending of responsibility
Article 8: The starting and ending period of insurance liability shall be
from the issuance of the insurance certificate, when the insured goods are
transported from the last warehouse or storage location of the consignor at the
place of origin, until the consignee at the destination specified on the
insurance certificate is at the first warehouse or storage location in the
local area. But after the insurance goods arrive at the destination, if the
consignee fails to pick up the goods in a timely manner, the termination period
of insurance liability shall be extended up to the insured value and insured
amount when the insurance goods are unloaded from the transportation vehicle.
Article 9: The insurance value shall be determined based on the price of
the goods or the price of the goods plus transportation and miscellaneous fees.
Article 10: The insurance amount is determined based on the insured value,
or can be negotiated and determined by both insurance parties.
Obligations of policyholders and insured persons
Article 11: If the insured fails to fulfill any of the following
obligations, the insurer has the right to terminate the insurance liability or
refuse to compensate for part or all of the economic losses.
(1) The
policyholder and the insured shall fulfill the obligation of truthful
disclosure and truthfully answer the inquiries raised by the insurer regarding
the insurance subject matter or the relevant information of the policyholder
and the insured.
(2) The
policyholder shall pay the payable insurance premium in full at the same time
as the insurer or its agent issues the insurance policy (certificate).
(3) The
policyholder shall strictly comply with the various regulations of the state and
transportation departments regarding safe transportation, and shall also accept
and assist the insurer in inspecting and preventing damage to the insured
goods. The transportation packaging of the goods must comply with the standards
set by the state and competent departments.
(4) If
any loss occurs to the insured goods within the scope of insurance liability,
the policyholder or insured shall promptly take reasonable rescue and
protection measures and notify the insurer's local agency (no later than 10 days)
upon learning of it.
Compensation processing
Article 12: When applying for a claim from the insurer, the insured must
provide the following relevant documents:
(1) Insurance
policy (voucher), waybill (freight bill), bill of lading, invoice (price certificate);
(2) Accident visas, handover acceptance records, and appraisal
certificates issued by the transportation department;
(3) The receiving unit's warehousing records, inspection reports, loss
lists, and direct and reasonable expense documents paid for the rescue
insurance goods;
(4) Other documents that are conducive to insurance claims.
Article 13: After receiving the above-mentioned claim documents, the
insurer shall promptly determine whether to compensate based on the scope of
insurance liability. The compensation amount shall be paid within ten days
after reaching an agreement between the insurer and the insured.
Article 14: When the insured goods suffer losses within the scope of
insurance liability, if the insured amount is determined based on the insured
value, the insurer shall calculate compensation based on the actual loss, but
the maximum compensation amount shall be limited to the insured amount; If the
insured amount is lower than the insured value, the insurer shall calculate the
compensation for the loss amount and the rescue and protection expenses paid
according to the ratio of the insured amount to the insured value. The
compensation amount for the loss of goods by the insurer, as well as the direct
and reasonable expenses paid for rescuing or protecting the goods, shall be
calculated separately, and each shall not exceed the insurance amount.
Article 15: If the insured goods suffer losses within the scope of
insurance liability, and according to legal provisions or relevant agreements,
the carrier or other third party shall be responsible for compensating some or
all of them, the insured shall first file a written claim with the carrier or
other third party until the lawsuit is filed. If the insured waives the claim
against a third party, the insurer shall not be liable for compensation; If the
insured requests compensation from the insurer in advance, the insured shall
issue a transfer of rights and interests, and shall transfer the litigation
documents and relevant materials for claiming against the carrier or a third
party to the insurer, and assist the insurer in pursuing compensation from the
responsible party.
If
the insurer is unable to exercise the right of subrogation for compensation due
to the fault of the insured, the insurer may deduct the insurance compensation
accordingly.
Article 16: The residual value of the insured goods after loss shall be
fully utilized. After consultation between both parties, it may be converted to
the insured at a price and deducted from the compensation.
Article 17: If the insured fails to apply for compensation from the
insurer, provide necessary documents, or receive the compensation due after two
years from the day after learning of the loss of the insured goods, it shall be
deemed as voluntary abandonment of rights and interests.
Article 18: When there is a dispute between the insured and the insurer,
it shall be resolved through consultation. If both parties cannot reach an
agreement, it may be submitted to an arbitration agency or court for resolution.
Other matters
Article 19: Demands For the insured goods transported jointly by road and
other modes of transport, this clause and the Railway Shipping insurance
Clause, the Waterway Shipping insurance Clause and the Air Shipping insurance
Clause shall apply respectively according to the corresponding mode of
transport.
Article 20: All agreements related to this insurance shall be in writing.