POLICY OF BUILDERS RISKS INSURANCE 保险人（The Insurer）: 某保险公司 被保险人(The Insured) 某造船厂 第一条 保险期限Period of Insurance 本保险在保险单列明的保险期限内从保险船舶建造开工之日或上船台之日起生效，直至保险船舶建成交付订货人或船舶
POLICY OF BUILDERS’ RISKS INSURANCE
保险人（The Insurer）: 某保险公司
被保险人(The Insured) 某造船厂
第一条 保险期限Period of Insurance
Subject to the period of insurance specified in the Schedule to the Policy, the insurance attaches from the day of commencement of the building of the Insured Vessel or from the day on which the Insured Vessel is allocated to the building berth until the time of delivery to the Orderer or Owner of the Insured Vessel upon completion of building, or until the time of expiry of the period of insurance, whichever first occurs.?
The insurance on the materials, machinery and equipment allocated to the Insured Vessel prior to application for insurance attaches from the day of inception of insurance specified in the Schedule to the Policy.?
The insurance on the materials, machinery and equipment allocated or delivered to the Builders after inception of the insurance attaches from the time of allocation or delivery.?
The Insurer will return to the Insured the agreed premium if the Insured Vessel is delivered to the Owner one month before expiry of the period of insurance stipulated in the Schedule to the Policy. No premium will be returned if the Insured Vessel is delivered to the Owner less than one month before expiry of the period of insurance. Where delivery is made beyond the period of insurance, previous written notice shall be given to the Insurer for an extension of the period of insurance. An agreed additional premium will be charged if the time of extension attains one month; no additional premium will be charged if it is less than one month.?
第二条 保险价值和保险金额Insured Value and Insured Amount
The total building cost or the final contract value of the Insured Vessel shall be the Insured Value and the Insured Amount shall be determined upon the basis of the Insured Value. Where at the time of application for insurance the Insured Amount is based on the provisional value, the Insured shall notify the Insurer to effect adjustment of the Insured Amount when the Insured Vessel is completed or the final contract value is determined. On the difference between the Provisional Value and the Insured Value an additional premium will be charged pro rata if the provisional value is lower and a pro rata return of premium will be charged pro rata if the provisional value is lower and a pro rata return of premium will be made if the provisional value is higher.?
Nevertheless, should the Insured Value exceed the provisional value, then the indemnity under this insurance shall be limited to 125% of the provisional value any one accident or series of accidents arising out of the same event. This provision, however, shall not apply to any variation of the building cost of the Insured Vessel resulting from a material alteration in design, fittings or type of the Vessel.?
第三条 责任范围Scope of Cover
The Insurer shall be liable for the following loss of and/or damage to, and liability and expenses in connection with, the Insured Vessel:?
Loss or damage and expenses caused by the undermentioned events whilst the Insured Vessel is in course of construction, trials and delivery, including loading and unloading, transportation, storage and installation of all the materials, machinery and equipment necessary in building the Insured Vessel within the Insured Value and within the Shipyard, and whilst the Insured Vessel is in course of launching, proceeding to and from docks or mooring alongside a wharf:?
(1)自然灾害或意外事故；?Natural calamities and/or accidents;?
Negligence, fault and lack of skill of workers, technicians, Master, Crew and Pilots;?
(3)船壳和设备机件的潜在缺陷；?Latent defects in hull, machinery and equipment;?
Damage to or breakdown of docks, cradles and other like equipment;?
Faulty design of any part or parts of the Insured Vessel;?
Expenses necessarily incurred in completing launch after failure of launch;?
Expenses reasonably incurred for ascertaining the loss or damage falling within the scope of cover, and expense of sighting the bottom after stranding, if incurred specially for that purpose, even though no damage is found.?
Liabilities and expenses under the following headings:?
(1)共同海损牺牲和分摊；Sacrifice in and contribution to general average;?
(2)救助费用；? Salvage Charges;?
In the case of collision on, the Indemnity which the Insured Vessel shall be held legally liable to pay for the loss and delay to and loss of use of the other ship in collision and the goods aboard such other ship, floating objects, dock, wharf or other fixed structures, as well as for sue and labour charges, general average and salvage charges in connection therewith, but in no case shall the amount so indemnified exceed the insured amount of the Insured Vessel;?
Expenses for the removal of the wreck of the Insured Vessel and any sum of sums in respect of the liabilities for death of or bodily injury to third parties consequent upon an accident to the the Insured Vessel falling within the scope of cover which are to be reimbursed subject to the Protection and Indemnity Clause of The People's Insurance Insurer of China, but in no case shall such indemnity exceed the insured amount of the Insured Vessel;?
Legal cost incurred to limit liability after collision or other occurrence subject to prior consent of the Insurer in writing.?
Where the insured amount of the Insured Vessel is lower than the Insured Value, the Insurer's indemnity for the expenses and/or liabilities under this clause shall be in the proportion that the Insured Amount bears to the Insured Value.?
下列各项，保险人不予负责：?The Insurer shall not be liable for:?
Loss or damage caused by willful or unlawful acts of the Insured;?
Expenses for repairing, modifying, replacing or remaking the part or parts of faulty design, and any expenses incurred for betterment or alteration in design;?
Liabilitise and expenses assumed by the Insured in respect of loss of life of or injury to or illness of any person employed by the Insured;?
Loss or damage or expenses arising from nuclear reaction, nuclear radiation or radioactive contamination;?
Loss or damage, expenses or liabilities arising from war, terrorism, hostile actions, armed conflicts, detonation of explosives, weapons of war, confiscation, requisition, strike, riot and civil commotion, and loss or damage caused by any person acting maliciously or from a political motive;?
?Fines stipulated in the Building Contract and indirect loss through rejection or other causes;?
Loss or frustration of vayage caused by arrest, restraint or detainment by any country or armed bloc.?
第五条 承保区域Location Limit
During the time of Building:?Within the Shipyard. Held covered subject to previous notice to the Insurer and payment of an agreed additional premium for any transportation, loading and unloading and storage outside the Shipyard of materials, machinery and equipment necessary in building the Vessel and any movement of the Vessel in tow outside the Shipyard.?
During the time of Trial and Delivery:?Single voyage for the Vessel over 20,000 gross tons under own power to be within 500 nautical miles; between 1,000,and 20,000 gross tons within 250 nautical miles; below 1,000 gross tons within 100 nautical miles. Should the aforesaid distances be exceeded, prior notice to be given to the Insurer and an agreed additional premium paid before such extended cover attaches.?
第六条 赔款处理Treatment of Claim
In lodging a claim, the Insured shall submit to the Insurer a written statement giving the circumstances and cause of the accident, statement of claim, invoice, survey report and other necessary documents and evidence. In the event of third party liability being involved, the correspondence exchanged with such third party for recovery purposes and other necessary documents shall be furnished to the Insurer.?
?The Insurer will be liable for the reasonable cost of replacement of part or parts and repairing charges without deduction new for old.?
No claim for partial losses to the Insured Vessel arising from a peril insured against shall be payable under the Policy unless the aggregate of all such claims arising out of each separate accident or occurrence including sue and labour charges, collision damage and expenses for the removal of the wreck of the Insured Vessel, etc. exceeds the deductible stipulated in the Policy in which case only the amount in excess of the deductible will be paid.?
Claims for loss or damage by heavy weather occurring during a single sea passage between two successive ports shall be treated as being due to one accident.
In the case of sailing for trial, if no news is received of the whereabouts of the Insured Vessel over a Period of 6 months after the date on which she is expected to return to the site of building, it shall constitute an event of missing of the ship.?
Where the Insured Vessel is missing or the estimated aggregate of salvage charges, cost of repairs and other necessary disbursements incurred after loss or damage to the a Insured Vessel exceeds the insured value of the Insured Vessel, it may be deemed as a total loss. In case of a subsequent total loss following loss of or damage to the Insured Vessel which is yet unrepaired, the Insurer shall only be liable for the total loss.?
The time of validity of a claim in respect of any one accident insured against shall not exceed a period of three months counting from the date of delivery.?
第七条 被保险人义务Obligations of the Insured
The Insured shall provide the Insurer with a copy of the Building Contract, Schedule of progress of building and other necessary documents at the time of applying for Insurance.?
The Insured shall comply with all relative statutory requirements and take reasonable preventive measures to avoid accidents. The representatives of the Insurer shall have the right to inspect the condition related to the construction of the Vessel. The Insured shall render all reasonable assistance for that purpose and give serious consideration to and the representatives of the Insurer.?
In case of accident to the Insured Vessel falling under the scope of cover, the Insured shall notify the Insurer immediately and take all necessary measures to avoid aggravation of loss. The Insurer will pay for the expenses reasonably incurred in this respect, but in no case shall the amount exceed the insured amount of the property so saved. When repairs to such property are necessary, prior consent of the Insurer shall be obtained.?
The Insured shall notify the Insurer in writing in good time of any material change in the risks covered under the Policy and request the Insurer to endorse the policy accordingly.?
In the event that third party liability is involved in the loss of or damage to the Insured Vessel, the Insured shall take all necessary measures to pursue remedy against such responsible party, and the Insurer will pay reasonable expenses necessarily incurred for such purpose.?
The Insurer may disclaim liability in event of intentional omission on the part of the Insured or his representatives to fulfill the aforesaid obligations.?
第八条 争议的处理Treatment of Dispute
All disputes arising out of this insurance between the Insured and the Insurer shall be settled through friendly negotiation. Where a settlement fails after negotiation, such dispute shall be submitted to arbitration or to court for legal action. Unless otherwise agreed, such arbitration of legal action shall be carried out at place where the defendant is domiciled.