disclosure-statement
disclosure-statement
disclosure-statement
-Important Notice-
The purpose of this document is to outline important terms of Ocean Marine Cargo Insurance. This
Company would expect the Assureds to read this document thoroughly and understand the contents
therein before signing to the application form.
*If you have any inquiries, please do not hesitate to contact this Company or its Agents.
*If a policyholder is not identical with the Assured, please make sure that both of them understand
and agree to the terms and conditions of the policy and the contents of this document.
*This document is not designed to cover every detail of the contract. If you need further information,
please refer to the terms and conditions of insurance policy.
Ocean Marine Cargo Insurance shall cover loss of or damage to the subject-matter insured caused by
Marine Risks, War Risks, and S.R.C.C. Risks during transit.
Marine Risks are covered subject to the Institute Cargo Clauses, drafted by Lloyd's Market
Association (LMA) and International Underwriting Association of London (IUA). There are two
types of policy forms used today; one is the "Ships and Goods Policy Form (SG Form)," featuring
clauses drafted in 1963, and the other is "Marine Policy Form (Mar Form)," which was introduced in
1982 and then revised in 2009. Both of them have basically three general conditions; Institute Cargo
Clauses (A), (B), and (C) for Mar Form, corresponding to Institute Cargo Clauses (All Risks), (WA),
(FPA) for SG Form, respectively. The Institute Cargo Clauses (A) covers all risks of loss of or
damage to the subject-matter insured except as provided in the Clauses 4, 5, 6, and 7. The Institute
Cargo Clauses (B) and (C) provide cover against named perils rather than all risks.
War Risks and S.R.C.C Risks are covered subject to the Institute War Clauses and Institute Strikes
Clauses respectively, both of which are used in combination with the Institute Cargo Clauses.
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<Constituent Parts of the Clauses>
+ +
Institute War Clauses (Cargo) Institute War Clauses (Cargo)
+ +
Institute Strikes Clauses (Cargo) Institute Strikes Clauses (Cargo)
*The "Marine Risks" contains the risks of loss of or damage to the subject-matter insured caused by
fortuitous accidents during transit such as being sunk or stranded, fire, collision, breakage, theft, and
natural disasters.
*The "War and S.R.C.C. Risks" contains the risks of loss of or damage to the subject-matter insured
caused by war related activities, strikes, riots or civil commotion during maritime transportation.
*When an aircraft is used for a major leg of transit, Institute Cargo Clauses (Air) or Institute Air
Cargo Clauses (All Risks) are applied instead of Institute Cargo Clauses (A).
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2. Open Policy Contract
An open policy contract is an agreement between the Assured and this Company to ensure all
shipments which fall within the terms and conditions agreed by both parties prior to actual shipments
to be insured.
Once the contract takes effect, the Assured shall make definite declaration of each and every
shipment details (subject matter insured, insured amount, and insured voyage, etc.) to the insurer
promptly as soon as they become definite. This open cover is especially beneficial to those who
transport goods frequently since it shall not be prejudiced by any omission of, error and/or delay in
making declaration, except for those made intentionally or by gross negligence. Open Policy
Contract contains Special Clauses for Open Policy of Ocean Marine Cargo Insurance which
specifies methods of premium payments or declaration of shipment information, as well as the
Institute Cargo Clauses.
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3. Risks to be Covered
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4. Claims and Charges Recoverable under Ocean Marine Cargo Insurance
* In case the payment of claims is to be made abroad (outside of Japan), the amount of claim shall be
paid in the foreign currency stated in the policy or certificate of insurance issued under this Open
Policy.
* In case the payment of claims is made in Japan, the amount of claim in the foreign currency in
which the declaration has been made shall be converted into Yen at the latest T.T. Selling Rate
quoted by The Bank of Tokyo-Mitsubishi UFJ, Ltd., Tokyo, on the day before (or, if any quotation
was not made on such day, the latest to) the day of settlement of the claim.
* You should refer to the terms and conditions of the policy for further details.
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5. Limit of Liability
Limit of Liability and Location Limit are set in the Open Policy Contract.
(1) Limit of Liability The sum recoverable in respect of all loses of damages and other
(per Any One charges for the subject-matter insured loaded on any one oversea
Oversea Vessel) vessel sustained or incurred during any one voyage shall not exceed
the limits specified in the Open Policy, unless a request is made by
the Assured, prior to the attachment of the risk or before any known
or reported loss of accident, for the increase of such limits and the
special agreement thereto of this company is obtained.
(2) Location Limit In case of loses of damages and other charges for the subject matter
insured covered under this Open Policy on land in any one Locality,
the sum recoverable, in respect of any one accident or series of
accidents arising out of the same event (as for earthquake, accidents
happening during the period or 72 consecutive hours to be considered
as those arising out of the same event) shall not exceed the Location
Limit specified in the Open Policy, unless a request is made by the
Assured, prior to the happening of loss or accident, for the increase of
such limits and the special agreement thereto of this company is
obtained.
* Limit of liability is the sum of claims for damaged cargo and any costs and/or charges.
* Limit of liability may be set in foreign currency.
6. Exclusions
Listed below are the major risks which shall not be covered under this Ocean Marine Cargo
Insurance Policy and Institute Cargo Clauses.
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(7) Rejection of subject-matter insured by the quarantine inspection
(8) Atomic or nuclear fission
(9) Radioactive contamination, chemical, biological, bio-chemical, or electromagnetic weapons
(10) Any act of terrorism while the subject-matter insured is not in the ordinary course of transit
(11) Usage of the vessel which does not meet the ISM standards
(12) When a provision of cover or payment of claims are exposed to any sanction, prohibition or
restriction under United Nations resolutions or the trade or economic sanctions, laws or regulations
of the European Union, Japan, United Kingdom or the United States of America.
* These are not exhaustive and there can be more excluded risks in the policy.
* Please refer to your insurance policy for further details.
7. Special Clauses
The following Special Clauses may be applied in combination with the Institute Cargo Clauses.
(1) Special clauses automatically applied for all cargoes
Institute Radioactive Contamination, Chemical, Biological, Bio-Chemical and Electromagnetic
Weapons Exclusion Clause
- This clause shall be paramount and in no case shall this insurance cover loss damage liability or
expense caused by such risks above.
Termination of Transit Clause (Terrorism) 2009
- This clause shall be paramount and it provides that claims for loss of or damage to the
subject-matter insured caused by acts of terrorism are recoverable only if they are incurred during
the ordinary course of transit.
Wild Fauna and Flora Clause
- This clause provides that no claim shall be paid unless the trades of the goods covered are lawful in
the light of any rules, regulations, and/or laws enforced in compliance with the Convention on
International Trade in Endangered species of Wild Fauna and Flora (CITIES, so called "Washington
Convention") in each country of origin, export, re-export, or import.
Cargo ISM Endorsement
- This clause provides that in no case shall this insurance cover loss, damage or expense when the
Assured is aware of the fact that the subject-matter insured is carried by a vessel which is not
certified to the ISM Code at the time of loading.
Institute Classification Clause
- This clause ensures that the cover (rate, terms, and conditions) of the Ocean Marine Cargo
Insurance is provided on the assumption that the carriage is by approved vessels defined in this
clause. When a vessel used is not approved by IACS, an additional premium may be charged.
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Break-Up Vessel Clause
- This clause provides that the quoted terms and conditions including rates of premium for the
insured shipment shall be altered in case the carrying vessel is scheduled to be broken up at the time
of sailing.
Institute War Cancellation Clause
- This clause provides that the cover against War Risks as defined in the Institute War Clauses may
be canceled by either the Company or the Assured except in respect of any insurance which shall
have attached in accordance with the conditions of the Institute War Clause before the cancellation
becomes effective. Such cancellation shall however only become effective on the expiry of 7 days
from midnight of the day on which the cancellation notice is issued by or to the Company.
Strikes Cancellation Clause
- This clause provides that the cover against Strikes Risks as defined in the Institute Strikes Clause
may be cancelled by either the Company or the Assured except in respect of any insurance which
shall have attached in accordance with the conditions of the Institute Strikes Clause before the
cancellation becomes effective. Such cancellation shall however only become effective on the expiry
of 7 days (or 48 hours in respect of sending to or from the U.S.A.) from midnight of the day on
which the cancellation notice is issued by or to the Company.
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replacement or repair of such parts plus labor for refitting and carriage costs. Duty incurred in the
provision of replacement or repaired parts shall also be recoverable provided that the full duty
payable on the insured machine or manufactured item is included in the amount insured. The total
liability of Insurers shall in no event exceed the amount insured of the machine or manufactured
items.
(b) For canned or bottled goods
Label Clause
- This clause provides that in case of damage from perils insured against affecting labels only, loss
to be limited to an amount sufficient to pay the cost of reconditioning, cost of new labels and
relabeling the goods, provided the damage will have amounted to a claim under the conditions of
the policy.
(c) For container cargo
Under Deck or On Deck Clause
- This clause provides that in consideration of an additional premium, goods shipped in containers
are insured subject to the provisions of this policy applying to under deck shipments even though
stowed on deck, provided such shipments are carried under an optional Bill of Lading permitting
the carrier to stow containers under deck or on deck. Furthermore, coverage afforded under this
clause shall include loss of or damage to the goods in containers jettisoned or lost overboard.
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* Please refer to the terms and conditions of your insurance policy for further details.
* These are not exhaustive and there can be other clauses attached to your Open Policy.
* If you need further information, please contact this Company or its Agent.
8. Duration of Coverage
This insurance attaches from the time when the subject-matter insured is first moved in the
warehouse or at the place of storage for the purpose of the immediate loading into or onto the
carrying vessel or other conveyance for the commencement of the transit, and continues during the
ordinary course of transit, and terminates either
(1) On completion of unloading from the carrying vehicle or other conveyance in or at the final
warehouse or place of storage at the destination named in the contract of this insurance.
(2) On completion of unloading from the carrying vehicle or other conveyance in or at any other
warehouse or place of storage, whether prior to or at the destination named in the contract of this
insurance, which the Assured or their employees elect to use either for storage other than in the
ordinary course of transit or for allocation or distribution.
(3) When the Assured or their employees elect to use any carrying vehicle or other conveyance or
any container for storage other than in the ordinary course of transit.
(4) On the expiry of 60 days after completion of discharge overside of the subject-matter insured
from the oversea vessel at the final port of discharge, or 30 days after completion of unloading from
an aircraft.
* The Assured must be interested in the subject-matter insured at the time of the loss under
Incoterms or other trade terms, which is requisite for claims settlement.
* Please note that the Institute War Clauses attach only as the interest insured and as to any part
thereof is loaded on an oversea vessel, and terminates either as the interest and as to any part thereof
is discharged from an oversea vessel at the final port or place of discharge, or on expiry of 15 days
counting from midnight of the day of arrival of the vessel at the final port or place of discharge,
whichever shall first occur.
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<Duration of Coverage>
Warehouse Warehouse
From To
Duration until completion of unloading at the final destination
attaches from the time subject matter whilst ordinary until completion of unloading from the conveyance at
insured is first moved for the purpose course of transit any other warehouse or storage other than the one in
transit
2. War Risks
attaches from the time subject matter until the discharge from the oversea vessel
insured is loaded on the oversea until the expiry of 15 days counting from midnight of the
discharge
9. Insured Amount
In common practice, Insured Amount is set to fully cover Insured Value, which is commonly
described as the invoice value (plus freight and/or insurance charges if not included in the invoice
value) plus ten percent uplift to cover the buyer's administration cost and notional profit, unless
otherwise agreed by this Company prior to the attachment of the risk. A policy which specifies the
agreed value of subject matter insured is defined as a valued policy.
* Insured value is the monetary amount which subject matter insured is valued at. The insured value
is the maximum amount of loss the Assured can potentially incur from a specified consignment.
* Insured amount is the maximum amount which this Company shall be liable to pay in case loss of
or damage to the subject matter insured occurs resulting from insured perils.
* It is also possible to agree Insured Amount based on FOB Value.
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10. Impact of Fluctuation in Foreign Exchange Rates
In case of any claim payable in Japan, the amount of claim in the foreign currency in which the
declaration has been made shall be converted into Yen at the latest T.T. Selling Rate quoted by The
Bank of Tokyo Mitsubishi UFJ, Ltd., Tokyo, on the day before (or, if any quotation was not made on
such day, the latest to) the day of settlement of the claim. Therefore, please note that there is a risk of
depreciation in the currency.
Rate of premium consists of Marine Rate and War & S.R.C.C. Rates.
Marine Rate is proposed considering various factors, such as description and nature of subject-matter
insured, packing, terms and conditions, conveyance, insured voyage, season of voyage, stowage plan,
past statistics for the type of cargo and past loss ratio of the Assured, etc.
* Please note that the carrying vessel is an important factor in pricing a risk, and therefore, quoted
conditions and rates is assumed to apply only when the carrying vessel satisfies the requirements of
the Institution Classification Clause. If the carrying vessel is not approved by the Institute
Classification Clause, the conditions and rates for marine risks quoted are subject to alternation at
any time without any notice being given.
* Please note that for War & S.R.C.C. Risks, the conditions and rates at the date of sailing from the
loading port of the vessel shall be applied.
12. Declaration
The Assured shall make definite declaration of each and every shipment covered by this Open Policy
without exception to this Company as soon as the risks covered by this Open Policy attaches,
advising all the requisite particulars of the shipments as follows:
1. Subject-matter insured (description, quantities, marks and numbers)
2. Insured value and insured amount
3. Insured voyage
4. Name of the conveyance and the date of shipment
5. Conditions of insurance
6. Date of attachment of risk
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In the event of any particulars as enumerated above not being known at the time of attachment of the
risk;
1. The Assured shall beforehand make provisional declaration with such particulars as are available
2. Definite declaration by the Assured shall be made as soon afterwards as practicable.
* This Company will issue the insurance policy or certificate after receipt of declaration.
* It is agreed that this Open Policy shall not be prejudiced by any omission of, error and/or delay in
making declaration, except for those made intentionally or by gross negligence, provided prompt
notice be given to this Company as soon as the said omission, error and/or delay has become known
to the Assured and subject to the adjustment of premium if and as required.
* Declaration could be made on a monthly basis.
The premium shall be calculated by multiplying the insured amount and rate of premium together.
Please note that the minimum premium for each policy is 3,000 Yen, or equivalent to 3,000 Yen in
case the premium is paid in foreign currency.
* Premium shall be paid monthly directly or through its Agent, if any, to this Company immediately
after receipt of the monthly statement of account from this Company or, at the latest, by the end of
the month in which the above statement of account is received by the Assured in case of the failure
of immediate payment for some justifiable reason.
14. Co-Insurance
A policy is issued by Tokio Marine & Nichido Fire Insurance Co., Ltd. on behalf of the co-insurers
who, each for itself and not one for the others, are severally and independently liable for their
respective subscriptions specified in this policy. This Company receives the premium, pays the claim,
and handling any relevant matters in accordance with Co-Insurance Clause on behalf of other
co-insurers.
This Company reserves the right to alter rates, conditions or other items contained in this Open
Policy by giving a thirty days previous notice in writing to the Assured. Such alternation shall
become effective on the expiry of thirty days counting from midnight of the day on which such
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notice is given by this Company, but shall not apply to any shipment by the vessel which shall have
sailed from the port of loading (or by the aircraft which shall have taken off the airport of loading)
before such alternation becomes effective.
Notwithstanding the above, either this Company or the Assured reserves the right to cancel War &
S.R.C.C. Risks by giving a seven days (or 48 hours in respect of S.R.C.C. Risks for shipments to or
from the U.S.A.) previous written notice.
The Assured and this Company reserve the right to cancel this insurance by giving to the other party
a thirty days previous notice in writing. Such cancellation shall become effective on the expiry of
thirty days counting from midnight of the day on which such notice is given by or to this Company,
but it shall not apply to any shipment for which the risk shall have attached before such cancellation
becomes effective.
Contact Information
If you have any questions, please contact the production department of this Company or its Agents.
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Ocean Marine Cargo Insurance
-Important Notes-
The purpose of this statement is to draw your attentions to a number of important notes in terms of
the Ocean Marine Cargo Insurance policy since there might be some unfavorable provisions
included in the Open Policy. If you need further details, please refer to your insurance policy.
1. Cooling-Off
There is no legal cooling-off period for an insurance contract concluded for your operational or
business purpose, nor an insurance contract with a period of less than a year. If you are uncertain
whether you are entitled to legal cooling-off, or need detailed cooling-off procedures, please contact
this Company. You can annul the contract not later than the expiry of eight days from either the date
of application for the contract or the date of your receipt of this document, whichever is later.
2. Duty of Disclosure
The Assured shall have the duty of disclosure, and shall be required to fill in accurate information in
the application form. If the information provided proves to be false, this Company reserves the right
to cancel the contract and you may lose the right to receive the payment for the claim.
3. Duty to Notify
The Assured shall make definite declaration of any alternations in the following items without any
exceptions to this Company directly (or through its Agents if any) as soon as any alternations arise.
Failure to do so may lead to the suspension of the claim payment.
1. Information incorporated in the policy form
2. Any material increase or change in the risk which takes place after taking out the contract
3. Subject matter insured is transported by a different mode of conveyance than that incorporated
in the insurance policy
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4. Information not Mentioned in the Insurance Policy
The following items of information may not be set out in the insurance policy.
1. Name of the policy holders
2. Amount of the premium and its payment method
3. Date of this insurance contract
4. Signature and seal of representative of this Company
5. Declarations pertaining to the Insurance Law 29.1.1
5. Claims Procedure
In the event of any loss of or damage to the subject matter insured which may involve a claim under
this insurance, immediate notice of such loss or damage should be given to this Company, its Agents,
or the Claim Agents of this Company shown on the insurance policy. It is also the duty of the
Assured to immediately submit the Notice of Claim in a document form to the carriers to enable
claims to be dealt with promptly.
* This Company may request additional information as the case may be.
Where the Insurer pays for loss of or damage to the subject-matter insured, rights of ownership
and/or any other proprietary rights of the Assured in remains of the subject-matter insured shall not
transfer to the Insurer, unless the Insurer agrees in writing to take over such rights at the time of
payment for the loss of or damage to the subject-matter insured.
The Open Policy Contract is effected to insure all shipments to be made on and after the effective
date as specified in the insurance policy subject to the special clauses and other terms and conditions,
and such coverage shall not apply to any shipments made before it becomes effective.
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8. Major Exclusions
Listed below are the major exclusions under the Ocean Marine Cargo Insurance Policy and Institute
Cargo Clauses.
Loss, damage or expense caused by or attributable to
(1) Inherent vice or nature of the subject-matter insured such as decay, deterioration or rust.
(2) Insufficient or unsuitable packing or preparation carried out by the Assured or their parties
(3) Delay of the shipments
(4) Willful misconduct of the Assured
(5) Consequential Loss (i.e. penalties or compensations)
(6) War risks while the subject-matter insured are on land
(7) Rejection of subject-matter insured by the quarantine inspection at customs clearance
(8) Atomic or nuclear fission
(9) Radioactive contamination, chemical, biological, bio-chemical, or electromagnetic weapons
(10) Any act of terrorism while the subject-matter insured is not in the ordinary course of transit
(11) Usage of the vessel which does not meet the ISM standards
(12) When a provision of cover or payment of claims are exposed to any sanction, prohibition or
restriction under United Nations resolutions or the trade or economic sanctions, laws or regulations
of the European Union, Japan, United Kingdom or United States of America.
* These are not exhaustive and there can be more exclusions depending on the type of clauses.
* Please refer to your insurance policy for details.
9. Payment of Premium
Once an Open Policy takes effect, this Company shall issue a monthly statement of account for
declaration of shipments it has received. Premium shall be paid monthly directly or through its Agent,
if any, to this Company by the end of the following month in which a declaration is accepted (and
booked) by this Company.
This Company and the Assured reserve the right to cancel the Open Policy by giving a notice of
cancellation in writing to the other party. There is no surrender value upon cancellation of this
contract.
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11. Co-Insurance
In case of a co-insurance contract, the liability of each insurer under the contract is several and not
joint with other insurers party to the contract, and only for the proportion of liability each insurer has
underwritten. A leading insurer is authorized to represent and act on behalf of following insurers.
In an insurance policy with liability clause, the injured party, who has the right to claim against the
Assured, has the statutory lien of the Assureds' right of insurance claim (except expenses) against
this Company. The statutory lien means the injured party's right to have his/her own claim satisfied
prior to other obligees. (Insurance Act, Article 22-1)
The Assureds' right to claim shall be limited to the amount paid to the injured party to meet his/her
obligations, or the amount the injured party agreed, as defined in the Insurance Act, Article 22-2.
Please note that this Company shall be liable to pay except expenses only in the following cases;
(1) The Assured has already indemnified the injured party for the loses
(2) The injured party agreed with insurance payment against the Assured
(3) This Company pays the insurance claim directly to the injured party as per the Assureds'
instructions
* Foreign companies falling within the scope are limited to those policies which were concluded by
Japanese branches.
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14. Others
12. Stetutory lien
* Please keep insurance policy documents carefully unless they are properly transferred to the
others.
* This Company entrusts Agent with the task of concluding the insurance contract, receiving
premium, delivering receipt of premium, and office management, etc. based on the consignment
contract between them. A contract concluded through our agent is considered as it were directly
effected by this Company.
* When there are any other valid insurance policies which overlap with coverage of this policy, the
payment amount shall be proportionally apportioned.
* When you would like to arrange an open cover, Open Contract is also available other than Open
Policy. If you need further information, please contact us.
This Company handles personal information in compliance with the Personal Information Protection
Law and other relevant laws and ordinances, the Personal Information Protection Guidelines in the
financial sector, and the Personal Information Protection Guidelines of Non-Life Insurance
Companies, issued by the General Insurance Association of Japan. This Company takes appropriate
measures to ensure that personal information is secure and makes every effort to train insurance
agents and employees in the proper handling of information.
For more details regarding the handling of personal information, please visit our website below.
(http://www.tokiomarine-nichido.co.jp/en/privacy.html)
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