CONTRACTORS ALL RISK INSURANCE CLAUSES
72 HOURS OCCURANCE
It is agreed that any loss of or damage to the Insured Property arising during any one period of 72 consecutive hours, caused by storm, tempest, flood or earthquake shall be deemed as a single event and therefore to constitute one occurrence with regard to the Excesses provided for herein.
For the purpose of the foregoing the commencement of any such 72 hours period shall be decided at the discretion of the Insured it being understood and agreed, however, that there shall be no overlapping in any two or more such 72 hours periods in the event of damage occurring over a more extended period of time.
AUTOMATIC REINSTATEMENT CLAUSE
In consideration of the Insured undertaking to pay additional premium at the agreed rate on the amount of loss calculated on a pro rata basis from the date of the reinstatement to expiry of the current period of insurance it is agreed that in the event of loss the insurance hereunder shall be maintained in force for the full sum insured.
BASIS OF LOSS SETTLEMENT CLAUSE
In the event of any loss or damage the basis of any settlement under this Policy shall be
a) In the case of damage which can be repaired – the cost of repairs necessary to restore the items to their conditions immediately before the occurrence of the damage less salvage, or
b) In the case of a total loss – the actual value of the items immediately before the occurrence of the loss less salvage. However, only to the extent to the costs claimed had to be borne by the Insured and to the extent they are included in the Sums Insured and provided always that the provisions and conditions have been complied with.
The Insurers will make payment only being satisfied by productions of the necessary bills and documents that the repair have been effected or replacement has taken place as the case bay be. All damage which can be repaired shall be repaired, but if the cost of repairing any damage equals or exceeds the value of the items immediately before the occurrence of the damage, the settlement shall be made on the basis provided in b) above.
The costs of any provisional repairs will be borne by the Insurers if such repairs constitute part of the final repairs and do not increase the total repair expenses.
The cost of any alterations, additions and/or improvements shall not be recoverable under this Policy.
CLAIM SETTLEMENT CLAUSE
It is hereby noted and agreed that valid claim (if any) under this policy shall be settled by the Insurers as soon as practicable but not later than 3 (three) months after a written notification of such loss including supporting documents have been received by the Insurers.
CROSS LIABILITY CLAUSE
It is agreed and understood that otherwise subject to the terms, exclusions, provisions and conditions contained in the Policy or endorsed thereon and subject to the Insured having paid the agreed extra premium , the Third Party Liability cover of the Policy shall apply to the insured parties named in the Schedule as if a separate policy had been issued to each party, provided that the Insurers shall not indemnify the Insured under this Endorsement in respect of liability for
. loss of or damage to items insured or insurable under Section I of the Policy, even if not recoverable due to an excess or any limit,
fatal or non fatal injury or illness of employees or workmen who are or could have been insured under Workmen's Compensation and/or Employers' Liability insurance.
The Insurers' total liability in respect of the Insured parties shall not however exceed in the aggregate for any one accident or series of accidents arising out of one event the limit of indemnity stated in the Schedule.
STRIKE, RIOT and CIVIL COMOTION CLAUSE DAMAGE CLAUSE
It is agreed and understood that otherwise subject to the terms, exclusions, provisions and conditions contained in the Policy or endorsed thereon and subject to the Insured having paid the agreed extra premium, this Policy shall be extended to cover loss or damage due to strike, riot and civil commotion which for the purpose of this Endorsement shall meant (subject always to the Special Conditions hereinafter contained) loss of or damage to the property insured directly caused by :
1. The act of any person taking part together with others in any disturbances of the public peace (whether in connection with a strike or lock out or not) not being an occurrence mentioned in condition 2 of the Special Conditions hereof,
2. The action of any lawfully constituted authority in suppressing or attempting to suppress any such disturbance or in minimizing the consequences of any such disturbance,
3. The willful act of any striker or locked out worker done in furtherance of a strike or in resistance to a lock out,
4. The action of any lawfully constituted authority in preventing or attempting to prevent any such act or in minimizing the consequences of any such act.
Provided that it is hereby further expressly agreed and declared that
1. All the terms, exclusions, provisions and conditions of the Policy shall apply in all respects to the insurance granted by this extension save in so far as the same are expressly varied by the following Special Conditions and any reference to loss or damage in the wording of the Policy shall be deemed to include the perils hereby insured against,
2. The following Special Conditions shall apply only to the insurance granted by this extension and the wording of the Policy shall apply in all respects to the insurance granted by the Policy as if this Endorsement had not been made thereon.
Special Conditions
1. This insurance shall not cover
a. Loss or damage resulting from total or partial cessation of work of the retarding or interruption or cessation of any process or operation,
b. Loss or damage occasioned by permanent or temporary dispossession resulting from confiscation, commandeering or requisition by any lawfully constituted authority,
a. Loss or damage occasioned by permanent or temporary dispossession of any building resulting from the unlawful occupation by any person of such building.
Provided nevertheless that the Insurers are not relieved under b or c above of any liability to the Insured in respect of physical damage to the property insured occurring before dispossession or during temporary dispossession.
2. This insurance shall not cover any loss or damage occasioned by or through or in consequence, directly or indirectly, of any of the following occurrences, namely
a. War, invasion, act of foreign enemy, hostilities or warlike operations (whether war be declared or not), civil war,
b. Mutiny, civil commotion assuming the proportion of or amounting to a popular rising, military rising, insurrection, rebellion, revolution, military or usurped power,
c. Any act of any person acting on behalf of or in connection with any organization with activities directed toward the overthrow by force of the government de jure or de facto or to the influencing of it by terrorism or violence.
In any action, suit or other proceeding, where the Insurers allege that by reason of the provisions of this condition any loss or damage is not covered by this insurance, the burden of proving that such loss or damage is covered shall be upon the Insured.
3. This insurance may at any time be terminated by the Insurers on notice to that effect being given by registered post to the Insured's last known address, in which case the Insurers shall be liable to repay a rateable proportion of the premium for the unexpired term from the date of cancellation.
4. The limit of indemnity any one occurrence as stated below shall under stood to limit the indemnity for all loss or damage covered by this endorsement during a consecutive period 168 hours.
The aggregate liability of the insurers during the period of cover of this policy shall be limited by twice the limit of indemnity any one occurrence.
OVERTIME, NIGHT WORK & EXPRESS FREIGHT ( Limit IDR. 10,000,000.00 )It is agreed and understood that otherwise subject to the terms, exclusions, provisions and conditions contained in the Policy or endorsed thereon and subject to the Insured having paid the agreed extra premium, this insurance shall be extended to cover extra charges for overtime, night work, work on public holidays and express freight (excluding airfreight).
Provided always that such extra charges are incurred in connection with any loss of or damage to the insured items recoverable under the Policy.
If the sum(s) insured of the damaged item(s) is(are) less than the amount(s) required to be insured, the amount payable under this Endorsement for such extra charges shall be reduced in the same proportion.
DEBRIS REMOVAL CLAUSE ( 10 % of Total Contract Clause )Incorporated within the sum insured it is hereby agreed that this Policy extends to indemnity the Insured in respect of :
The cost of removal of debris, propping or shoring up, demolition and any temporary repairs necessary (including the insured's legal liability for the cost of removal of debris, demolition and temporary repairs in regard to adjoining premises, roadways or waterways, as well as on the site), consequent upon the destruction of or damage to any property insured by this policy (or policies) occasioned by fire or any other peril thereby insured against.
EXISTING PROPERTY OR PROPERTY BELONGING TO OR HELD IN CARE , CUSTODAY OR CONTROL BY THE INSURED ( limit IDR 200,000,000.00 )It is agreed and understood that otherwise subject to the terms, exclusions, provisions and conditions contained in the Policy or endorsed thereon and subject to the insured having paid the agreed extra premium, Section I of insurance shall be extended to cover loss of or damage to the existing property or property belonging to or held in care, custody or control by the Insured caused by or arising out of the construction or erection of the items insured under Section I.
The Insured will only indemnify the insured for loss of or damage to the insured property provided that prior to the commencement of constructions its condition is sound and the necessary safety measures have been taken.
In respect of loss or damage caused by vibration or by the removal or weakening of support Insurers will only indemnify the Insured for loss or damage as a result of a total partial collapse of the insured property, and not for superficial damage which neither impairs the stability of the insured property nor endangers its users.
The Insurers will not indemnify the Insured for
Loss or damage which is foreseeable having regard to the nature of the construction work or the manner of its execution work or the manner of its execution,
The costs of loss prevention or minimization measures which become necessary during the period of insurance
ESCALATION CLAUSE ( Limit 15 % of Total Contract Value )In consideration of the payment of an additional premium amounting to 50% (fifty percent) of the premium produced by applying the specified percentage to the first of the annual premium as appropriate to the item(s) as specified in the schedule, the sum insured thereby shall, during the period of insurance, be increased each day by an amount representing 1/365 th of the specified percentage increased per annum.
Unless specifically agreed to the contrary the provision of this clause shall only apply to the sum insured in force at the commencement of each period of insurance, and at each renewal date the insured shall notify the insurers of :
1 . The sums to be insured under each item, but in the absence of such instructions the sums insured under the items shall be those stated in the policy (as amended by any endorsement effective prior to the aforesaid renewal date) to which shall be added the increase which have been granted under this clause during the period of insurance up to that renewal date, and
2. The specified percentage increase(s) required for the forthcoming period of insurance, but in the absence of instructions to the contrary prior to renewal date the existing percentage increase shall apply for the period of insurance from renewal.
All the conditions of the policy except insofar as they may have hereby been expressly varied shall remain the same.
FIRE EXTINGUISHING COSTS CLAUSE ( IDR 100,000,000.00 )This policy is extended to cover loss of or damage to fire extinguishing appliances caused by the insured perils.
The extension is deemed to include the cost of reasonably incurred for refilling the fire extinguishing appliances providing always that such cost is incurred as a direct result of the use of the fire extinguishing appliances for the extinguishments of fire endangering the safety of the insured property.
The insurer, however, will not be liable for the first ……Of each and every loss in respect of the cost of refill, provided always that the liability of the company in respect of the cost of such wages and costs shall be limited to those necessarily and reasonably incurred in extinguishing fires at adjoining premises of the property insured or immediately threatening to involve such property.
The insurance under this endorsement shall be subject to all the terms, limitations, stipulations, exclusions or exceptions and provisions printed on or expressed in or endorsed upon or attaching to the policy.
FIRE BRIGADE CHARGE ( IDR 100,000,000.00 )It is hereby understood and agreed that the charges raised by any local authority for the provision of fire fighting appliances called for the purpose of protecting the premises shall be recoverable hereunder.
ENDORSEMENT 220 – INLAND TRANSIT (Limit IDR 500,000,000.00)It is agreed understood that, otherwise subject to the terms, exclusion, provisions and conditions contained in the Policy or endorsed thereon and subject to the Insured having paid the agreed extra premium, section I of this insurance shall be extended to cover loss or damage to locally supplied property insured.
• Whilst in transit to the contact site other than on waterway or by air within the territorial limits of Daruba – Pulau Morotai
• Caused as a result of collision, impact, flood, earthquake, inundation, landslide or rock side, subsidence, burglary or fire.
• Provided that the insured provided that the insured property is suitable packed and/or prepared for transit which shall also and deemed to include stowage.
• And provided that the maximum amount payable under this endorsement not exceed IDR 500,000,000.00 per conveyance.
INSURED’S CONSULTANT CLAUSEIt is agreed and understood that otherwise subject to the terms, exclusions, provisions and conditions contained in the or endorsed thereon and subject to the Insured having paid the agreed extra premium, the party liability cover of the Policy shall apply to the insured’s consultant named in the Schedule as if a separate policy had been issued to each party, provided that the Insurers shall not indemnify the Insured under this Endorsement in respect of Liability for :
- Loss of or damage to items insured or insurable under Section I of the Policy even if not recoverable due to an excess or any limit.
- Fatal or non-fatal injury or illness of employees or workmen who are or could have been insured under workmen’s compensation and/or employer’s liability insurance.
The Insurers total liability in respect of the insured parties shall not however exceed in the aggregate for any one accident or series of accidents arising out of one event the limit of indemnity stated in the Schedule.
INDONESIAN JURISDICTION CLAUSENotwithstanding anything contained herein is the contrary, it is agreed that the indemnity provided herein shall not apply to:
Compensation for damages in respect of judgments not in the first instance delivered by or obtained from a court of competent Jurisdiction within Indonesia.
Costs and expenses of litigation recovered by any claimant from the insured which are not incurred in and recoverable in Indonesia.
LOSS NOTIFICATION CLAUSE (30 Days)Notwithstanding anything contained herein to the contrary it is agreed that this insurance will not be prejudiced by any inadvertent delays, errors or omission in notifying the Company of any circumstances or events giving rise or likely to give rise to a claim under this Policy.
NOMINATED LOSS ADJUSTERS CLAUSE “It is hereby noted and agreed that in the event of a claim, Loss Adjusters to be selected from the following Panel :
- PT. Cunningham Lindsay Indonesia
- PT. Axis International
- PT. Japenansi Nusantara
NOTICE OF CANCELLATION CLAUSE (30 days) This insurance may terminated at any time at the option of the Insurer on writing notice to that effect being given to the Insured. The termination shall be effective at noon on the 3rd (third) day after receipt of such notice by the Insured. The Insurer shall be liable to repay on demand a rate able proportion of the premium for the unexpired term from the date the termination is effective.
OFFSITE STORAGE and FABRICATION CLAUSE (limit IDR 150,000,000.00)It is agreed and understood that this Policy shall be extended to cover loss or damage to materials and any other goods or objects intended for incorporation into the works whilst such material goods or objects are stored anywhere in Daruba – Pulau Morotai (unless more specifically insured) other than when actually being worked upon. Provided always that the Insurer Liability under this extension shall not exceed Rp. 150.000.000.000,- per occurrence per location.
PAYMENT ON ACCOUNT CLAUSE (60%)It is hereby declared and agreed that the progress payment on account of any loss recoverable under this Policy will be made to the Insured at such stages as may be mutually agreed upon if desired by the Insured and on production of an interim report by the Loss Adjuster (if appointed) provided that such payment are deducted from the finally agreed settlement figures.
PLANT & DOCUMENTS (limit 10% of TCV)Notwithstanding anything herein to the contrary, the insurance hereby is extended to indemnify the insured against the necessarily incurred costs of rewriting or redrawing of plans and drawings or other contract, documents lost, destroyed or damaged as a result of a peril insured hereunder.
Wherever or whenever such loss or destruction or damage occur, indemnification shall be limited to the cost of labour expended in such rewriting or redrawing including all necessary overtime working or research.
PROFESSIONAL FEES CLAUSE (10% OF TCV)It is hereby noted and agreed as follows
a) The insurance of each item on building or contents includes and amount in respect of architects surveyor legal and consulting engineers fee not exceeding those provided under the scales of the various institutions and/or bodies or damage and not exceeding 10% of the individual sum insured.
b) The insurance on Fees applies only to those necessarily and reasonably incurred in the reinstatement or repair of the property insured consequent upon its destruction or damage but not for preparing any claim, it being understood that the amount payable under the item not exceed in total its sum insured.
TRANSMISSION AND DISTRIBUTION LINES EXCLUSION CLAUSEAll Transmission and Distribution lines, including wire, cables, poles, pylons, standard towers and any equipment of any type of which may be attendant to such installation of any description, This exclusion includes but is not limited to transmission or distribution of electrical power, telephone or telegraph signal and all communication signals whether audio or visual.
This exclusion applies to both above and below ground equipment except that which is within 1,000 meters of the insured’s premises or as defined in the Assured’s original policy (ies)
This exclusion applies to physical damage to the equipment and all business interruption, consequential and/or other contingent losses related to transmission and distribution line
VIBRATION REMOVAL OR WEAKENING OF SUPPORT (limit 10% of loss min IDR. 15,000,000.00)It is agreed and understood that the otherwise subject to the terms, exclusions, provision and conditions contained in the Policy or endorsed thereon and subject to the Insured having paid the agreed extra premium, Section II of this insurance shall be extended to cover liability consequent upon loss or damage caused by vibration or by the removal or weakening of support.
Provide always that :
The Insurers will indemnify the Insured in respect of liability for loss or damage to any property or land or building only such loss or damage result in the total or partial collapse.
The Insurers will indemnify the Insured in respect of liability for loss or damage to any property or land building only if prior to the commencement of construction its is sound and the necessary loss prevention measures have been taken,
The insured if required shall before commencement of construction and at his own expense prepare a report on the condition of any endangered property or land or building.
The Insurers will not indemnify the Insured in respect of liability for :
Loss or damage which is foreseeable having regard to the nature of the construction work or the manner of this execution,
Superficial damage which neither impairs the stability of the property, land building nor endangers their user,
The costs of loss prevention or minimizing measures which become necessary during the period of insurance.
WAIVER OF SUBROGATION CLAUSEIt is agreed and understood that otherwise subject to the terms, exclusions, provisions and conditions contained in the Policy or endorsed thereon and subject to the Insured having paid the agreed extra premium, the Insurers shall waive all rights of subrogation arising out of loss or damage indemnifiable under the Policy which the Insurers may have against persons using the insured items with the consent of the Insured.
IMPORTANT NOTICEBeing an Insured, you are entitled to the indemnity for each claim in accordance with the terms and conditions stipulated in this policy.
If your claim is rejected due to non fulfillment of the terms and conditions of this policy and the amount of your claim is not more than Rp. 500.000.000,- any one loss and you disagree with such rejection, you may seek the resolution through Badan Mediasi Asuransi Indonesia (BMAI)
• BMAI’s services is free of charge
• The decision of BMAI Adjudication is binding on us (The Insurer)
• You have freedom to either accept or reject BMAI Adjudication decision
You may contact BMAI at:
• Telpon No.:
• Fax No. :
• E-mail :
• Website :
Endorsement 115 Cover for designer’s riskIt is agreed and understood that otherwise subject to the terms, exclusions, provisions and conditions contained in the Policy or endorsed thereon and subject to the Insured having paid the agreed extra premium, exclusion c) under special exclusions to Section 1 of the Policy shall be deleted and exclusion d replaced by the following wording:
“d) The cost of replacement, repair or rectification of loss of or damage to items due to defective material and/or workmanship and/or faulty design, but this exclusion shall be limited to the items immediately affected and shall not be deemed to exclude loss of or damage to correctly executed items resulting from an accident due to such defective material and/or workmanship and/or faulty design.”
Extra premium:
Endorsement 003 Maintenance visits coverIt is agreed and understood that otherwise subject to the terms, exclusions, provisions and conditions contained in the Policy or endorsed thereon and subject to the Insured having paid the agreed extra premium, this insurance shall be extended for the maintenance period specified hereunder to cover solely loss of or damage to the contract works caused by the insured contractor(s) in the course of the operations carried out for the purpose of complying with the obligations under the maintenance provisions of the contract.
Endorsement 013 Property in off-site storageIt is agreed and understood that, notwithstanding the terms, exclusions, provisions and conditions of the Policy or any Endorsements agreed upon and subject to the Insured having paid the agreed extra premium, Section 1 of the Policy shall be extended to cover loss of or damage to property insured (except property being manufactured, processed or stored at the manufacturer’s, distributor’s or supplier’s premises) in off-site storage within the territorial limits as stated below.
The Insurers shall not indemnify the Insured for loss or damage caused by the failure to take generally accepted loss prevention measures for warehouses or storage units. Such measures shall include, in particular:
– ensuring that the storage area is enclosed (either a building or at least fenced in), guarded, protected against fire, as appropriate for the particular location or type of property stored;
– separating the storage units by fire-proof walls or by a distance of at least 50 metres;
– positioning and designing the storage units in such a way as to prevent damage by accumulating water or flooding due to rainfall or by a flood with a statistical return period of less than 20 years;
– limiting the value per storage unit.
Territorial limits of:
Maximum value per storage unit:
Limit of indemnity (any one occurrence):
Deductible: % of loss amount, minimum
any one occurrence
Extra premium:
Endorsement 102 Special conditions concerning underground cables, pipes and other facilitiesIt is agreed and understood that otherwise subject to the terms, exclusions, provisions and conditions contained in the Policy or endorsed thereon, the Insurers shall only indemnify the Insured in respect of loss of or damage to existing underground cables and/or pipes or other underground facilities if, prior to the commencement of works, the Insured has inquired with the relevant authorities about the exact position of such cables, pipes or other underground facilities and takes all necessary steps to avoid damage to same.
Claims in respect of loss of or damage to such underground facilities which are in the same position as shown on the underground maps (drawings indicating the position of the underground facilities) shall be payable after applying a deductible of 20% of the loss amount or the deductible stated under a below, whichever is the greater.
Claims in respect of loss of or damage to underground facilities incorrectly shown on the underground map shall be payable after applying the deductible stated under b below.
The indemnity shall in any case be restricted to the repair costs of such cables, pipes or other underground facilities, any consequential damage and penalties being excluded from the cover.
Deductibles: a) 20% of the loss amount, minim
Errors and Ommissions Clause :The Insured shall not be prejudiced by an unintentional and/or inadvertent, omissions, errors, incorrect valuation or incorrect description of the interest, risk, or property provided notice is given to the Company as soon as practicable upon discovery of such errors and omissions and subject to the Insured paying additional premium arising therefrom.
Cover for insured contract works taken over or put into serviceIt is agreed and understood that otherwise subject to the terms, exclusions, provisions and conditions contained in the Policy or endorsed thereon and subject to the Insured having paid the agreed extra premium, the insurance shall be extended to cover
– loss of or damage to parts of the insured contract works taken over or put into service if such loss or damage emanates from the construction of the items insured under Section 1 and happens during the period of cover.
Free Issue Material(This clause shall apply only to contracts for supply of fabricated equipment with purchaser's Free Issue Materials (FIM).
Wherever contracts envisage supply of Free Issue Material (FIM) by the Purchaser to the contractor for fabrication of the contracted equipment/stores, such Free Issue Material shall be safeguarded by an insurance policy to be provided by the Contractor at his own cost for the full value of such materials and the insurance policy shall cover, the following risks specifically and shall be valid for six months beyond the contractual delivery date:
1. RISKS TO BE COVERED: Any loss or damage to the Purchaser's materia1s due to fire, theft, riot, burglary, strike, civil commotion, terrorist act, natural calamities etc. and any loss or damage arising out of any other causes such as other materials falling on purchaser's materials.
2. INSURED BY : (Name of the Contractor)
3. BENEFICIARY :
Special conditions concerning fire-fighting facilities and fire safety on construction sites
It is agreed and understood that otherwise subject to the terms, exclusions, provisions and conditions contained in the Policy or endorsed thereon, the Insurers shall only indemnify the Insured for loss or damage directly or indirectly caused by or resulting from fire or explosion, provided always that
1. with regard to the progress of work adequate fire-fighting equipment and sufficient extinguishing agents are available and operative at all times.
Fully operative wet riser hydrants are installed up to one level below the highest current work level and are sealed by temporary end caps;
2. the cabinets containing hose reels and portable fire extinguishers are inspected at regular intervals but at least twice a week;
3. fire compartments as required by local regulations are installed as soon as possible after the removal of formwork. Openings for lift shafts, service ducts and other voids are provisionally closed as soon as possible but not later than at the commencement of fit-out work;
4. waste material is removed regularly. All floors undergoing fit-out are cleared of combustible waste at the end of each working day;
5. a “permit to work” system is implemented for all contractors engaged in “hot work” of any kind such as but not limited to
– grinding, cutting or welding operations,
– use of blow lamps and torches,
– application of hot bitumen,
or any other heat-producing operation.
“Hot work” is carried out only in the presence of at least one worker equipped with a fire extinguisher and trained in fire-fighting.
The area of any “hot work” is examined one hour after the work has finished;
6. storage of material for the construction or erection shall be subdivided into storage units not exceeding the value stated below per storage unit. The individual storage units shall be either at least 50 m apart or separated by fire-proof walls. All flammable material and especially all flammable liquids and gases shall be stored at a sufficiently large distance from the property under construction or erection and any hot work;
7. a Site Safety Coordinator is appointed.
A reliable fire alarm system is installed and whenever possible a direct communication link maintained with the nearest fire brigade.
A Fire Protection Plan and a Site Fire Action Plan are implemented and updated regularly.
The contractor’s personnel are trained in fire-fighting and fire-fighting drills carried out weekly.
The nearest fire brigade is familiarized with the site and immediate access maintained for it at all times;
8. the site is fenced off and access controlled.
Value per storage unit:
Expediting Expenses ClauseIn the event of loss or damage to the property insured or any part hereof the cost of any repair replacement or rectification admitted under this policy shall include the additional costs not exceeding 100% of the repair costs overtime weekend and shift working bonus payments plants hire charges express delivery (including airfreight) and the like necessarily and reasonably incurred in expediting such repair replacement or rectification but excluding any such costs solely to expedite the completion of any construction erection or installation of property not lost or damaged.
CLAIM PREPARATION CLAUSEIt is hereby agreed that any particulars or details contained in the Insured’s books or account or other business books or documents which may be required by the Insurers under the claims conditions of this Policy for the purpose of investigating or verifying any claim hereunder may be produced by professional accountant if at the time they are regularly acting to as such for the Insured and their report shall be prima facie evidence of the particulars and details to which such report relates, the cost of such preparation shall be at the Insurer’s expense.
Special conditions concerning safety measures with respect to precipitation, flood and inundation ClauseIt is agreed and understood that otherwise subject to the terms, exclusions,provisions and conditions contained in the Policy or endorsed thereon, the Insurers shall only indemnify the Insured for loss, damage or liability caused directly or indirectly by precipitation, flood or inundation if adequate safety measures have been taken in designing and executing the project involved.
For the purposes of this Endorsement adequate safety measures shall mean that, at all times throughout the policy period, allowance is made for precipitation, flood and inundation up to a return period of 20 years for the location insured on the basis of the statistics prepared by the meteorological `gencies. Loss, damage or liability resulting from the Insured’s not immediately removing obstructions (e.g. sand, trees) from watercourses within the construction site, whether carrying water or not, in order to maintain free waterflow shall not be indemnifiable.
Special conditions concerning underground cables, pipes and other facilitiesIt is agreed and understood that otherwise subject to the terms, exclusions, provisions and conditions contained in the Policy or endorsed thereon, the Insurers shall only indemnify the Insured in respect of loss of or damage to existing underground cables and/or pipes or other underground facilities if, prior to the commencement of works, the Insured has inquired with the relevant authorities about the exact position of such cables, pipes or other underground facilities and takes all necessary steps to avoid damage to same.
Claims in respect of loss of or damage to such underground facilities which are in the same position as shown on the underground maps (drawings indicating the position of the underground facilities) shall be payable after applying a deductible of 20% of the loss amount or the deductible stated under a below, whichever is the greater.
Claims in respect of loss of or damage to underground facilities incorrectly shown on the underground map shall be payable after applying the deductible stated under a. below.
The indemnity shall in any case be restricted to the repair costs of such cables, pipes or other underground facilities, any consequential damage and penalties being excluded from the cover.
Deductibles: a) 20% of the loss amount, minimum any one occurrence
b)
