CONSTRUCTION ALL RISKS CLAUSES 一、第一部分 物质损失 Ⅰ. SECTION Ⅰ-MATERIAL DAMAGE （一）保险责任?.Coverage? 1、在本保险期限内，若本保险单明细表中分项列明的保险财产在列明的工地范围内，因本保险单除外责任以外的任何自然灾害或意外事故造成的CONSTRUCTION ALL RISKS CLAUSES
一、第一部分 物质损失 Ⅰ. SECTION Ⅰ-MATERIAL DAMAGE
1.1 The Company shall indemnify the Insured in respect of the physical loss of or damage to the property insured during the period of insurance within the specified work-site arising from any NATURAL HAZARDS or ACCIDENT other than those specifically excluded, in the manner and to the extent hereinafter provided.?
1.2 The Company shall also indemnify the Insured for the necessary cost specified in the Schedule and incurred following upon any event giving rise to a claim under this Policy.?
1.3 The liability of the Company in respect of each item insured shall not exceed the sum set opposite thereto specified in the Schedule nor the limit of indemnity specified in the Special Provisions or Endorsements where applicable. But in no case shall the maximum indemnity liability of the Company in respect of material damage under this section exceed the total sum insured specified in the Schedule.?
The words “NATURAL HAZARDS”shall for the purpose of this Policy, mean earthquake, tsunami, thunder-and-lightning, hurricane, typhoon, tornado, storm, tempest, flood, inundation, frost, hailstorm, landslide, rockslide, avalanche, volcanic explosion, subsidence of ground and any other phenomena of nature with strong destructive power and beyond human control.?
The Word "ACCIDENT" shall for the purpose of this Policy, mean any unforeseen, uncontrollable and sudden occurrence event which leads to material damage or bodily injury, including fire and explosion.?
本公司对下列各项不负责赔偿：The Company shall not be liable for:?
1、设计错误引起的损失和费用；?loss or damage and expenses arising from faulty design;?
loss of or damage to the insured property itself or expenses arising therefrom due to wear and tear, inherent or latent defect, change in substance, spontaneous combustion, natural heating, oxidation, rust and corrosion, leakage, mice, insects or vermin, change in atmosphere, （climatic or temperature）conditions, change in normal water level or any other progressively operating cause;?
loss of or damage to the insured property itself due to defective material or bad workmanship and expenses incurred for replacing, repairing or rectifying such defects or mistakes;?
loss of or damage to the insured mechanical or electrical devices not due to exterior forces; loss or damage due to breakdown or derangement of engineering tools, equipment or mechanical devices;?
5、维修保养或正常检修的费用；?expenses of maintenance or upkeep or normal overhaul;?
loss of or damage to files, documents, account books, bills, cash, securities, charts, data and packing materials;?
7、盘点时发现的短缺；?shortage discovered at the time of taking an inventory;?
loss of or damage to vehicles,ships or aircraft licensed for general transport use or having been covered by any other insurance;?
unless otherwise agreed by the Company in writing loss of or damage to the property belonging to the Insured which is existing or formed within or in the vicinity of the site before the commencement of the contract work;?
unless otherwise agreed by the Company in writing loss of or damage to any part or parts of the property insured for which a certificate of completion has been issued or which have been tested after completion or actually occupied or put into service or taken over by the Principal before the expiry date of this Policy.?
二、第二部分 第三者责任险Ⅱ. SECTION Ⅱ-THIRD PARTY LIABILITY
The Company shall in the manner hereinafter provided indemnify the Insured against such sums which the Insured shall become legally liable to pay as damages in respect of death of or bodily injury to or illness of third parties, or loss of or damage to property belonging to third parties in consequence of an accident occurring in direct connection with the performance of the contract work insured and happening on or in the vicinity of the site during the period of insurance.?
In respect of any claim covered under this Section, the Company shall in addition indemnify the Insured against the relevant legal costs payable by the Insured and other expenses incurred with the prior written consent of the Company.?
The indemnification made by the Company for any one accident shall be subject to the amounts to be payable by the Insured which are decided in accordance with law by the court or the governmental department concerned. Provided always that the liability of the Company under this section shall in no case exceed the limits of indemnity for any one accident stated in the Schedule, and during the whole period of insurance, the maximum liability of the Company under this section shall in no case exceed the limit of indemnity in aggregate as stated in the Schedule.?
本公司对下列各项不负责赔偿：?The Company shall not be liable for:?
loss or damage and expenses covered or coverable under Section I of this Policy;?
loss of or damage to any property, land or structure caused by vibration or by removal or weakening of support and injury or damage to any person or property occasioned by or resulting from any such loss or damage;?
death of or bodily injury to or illness of the Principal（s） or the Contractor（s） or any other party（ies）or their employees or workmen engaged in connection with the contract work on the site, or members of their families;?
loss of or damage to property belonging to or held in care, custody or control of the Principal（s） or the Contractor（s） or any other party（ies） concerned or their employees or workmen;?
any accident caused by vehicles, ships or aircraft licensed for general transport use;
indemnification or payment made by the Insured in accordance with any agreement between the Insured and other parties, unless such liability would have been attached to the Insured notwithstanding such agreement.?
三、总除外责任 Ⅲ. GENERAL EXCLUSIONS
The Company shall not indemnify the Insured under this Policy in respect of loss, damage, expenses, or liability directly or indirectly caused by or arising out of or aggravated by:?
war, warlike operation, hostilities, armed conflicts, terrorism, conspiracy insurrection, coup d’etat;?
confiscation, requisition, destruction or damage by any action or order of any government de jure or de facto or by any public authorities;?
3、罢工、暴动、民众骚乱引起的任何损失、费用和责任；?strike, riot,civil commotion;?
intentional act or gross negligence of the Insured or his representative;?
nuclear fission, nuclear fusion, nuclear weapon, nuclear material,nuclear radiation and radioactive contamination;?
pollution of any kind or description whatsoever such as atmosphere, land and water pollutions;?
cessation of work whether total or partial;?
consequential loss of any kind or description whatsoever including penalties, losses due to delay or loss of contract;?
the deductibles stated in the Schedule to be borne by the Insured.?
四、保险金额 Ⅳ. SUM INSURED
It is a basic requirement of this insurance that the sums insured stated in the Schedule shall not be less than:?
For contract work-the full value of the insured project at the completion of the construction including cost of equipments, materials, construction and erection, freight and premium, customs duty, any other dues and expenses, and the cost of materials or equipments supplied by the Principal;?
For construction plant and equipment-the replacement cost of the insured items by new ones of the same size and same capacity;?
For other Items Insured-the sums agreed upon between the Insured and the Company.?
If the sum insured in respect of contract work is based on the estimated contract value stated in the construction contract, the Insured shall:?
immediately notify the Company in writing if the contract value including all expenses under this insurance exceeds the original insured contract value due to rise in price or increment,and the Company shall then adjust the sum insured accordingly;?
keep a precise record in writing on the particulars of the work concerned during the period of insurance and allow the representative of the Company to inspect and examine such record at any reasonable time;?
if the construction period of the insured project is longer than thirty?six（36） months, declare to the Company at an interval of every twelve （12） months from the inception date of the policy ,the actual amount of fund put into the project by the time of declaration as well as the new estimate contract value, if it is revised the Company shall adjust the premium accordingly;?
provide the Company with the actual final contract value within three （3） months after the expiry date of this insurance, and any difference between the premium paid in advance and that payable shall be paid to or refunded by the Company as the case may be.?
Otherwise, the Company shall take it that the Sums Insured are less than the amounts required to be insured and in case of loss or damage falling within the Coverage, the indemnification shall be made proportionately according to the Provision （6） of the General Conditions of this Policy.
五、保险期限 Ⅴ. PERIOD OF INSURANCE
Material Damage and Third Party Liability Insurance during the Construction Period.?
The liability of the Company shall commence notwithstanding any date to the contrary specified in the Schedule, directly upon commencement of the project or after the unloading of the insured materials or equipments at the site and shall expire immediately after a certificate of completion has been issued for part or whole of the insured project or part or whole of the insured project have been tested after completion or actually occupied or put into service or taken over by the Principal, whichever is the earlier. In no case shall the effective date be earlier or expiry date be later respectively than both dates specified in the Schedule.?
Notwithstanding anything to the contrary contained in the contract concerned, the Company shall only be liable for loss or damage, expenses and liability caused or incurred by testing or commissioning arising during the testing or commissioning period stated in the Schedule. In the case of used or second hand items equipments, the insurance to such items shall, however, cease immediately on the commencement of the test.?
Any extensions of the period of insurance shall be subject to the Company’s prior consent in writing. Otherwise, the Company shall not be liable for any loss or damage, expense and liability arising during the period from the expiry date of the construction period stated in the Schedule to the expiry date of the maintenance period specified.?
（二）保证期物质损失保险：?Material Damage Insurance during the Maintenance Period?
The period of insurance, being subject to the maintenance period specified in the insured contract ,shall commence at the time when a certificate of completion has been issued for part or parts of the insured project or part or parts of the insured project have been tested after completion or actually occupied or put into service or taken over by the Principal, whatever is the earlier. It is however provided that, under no circumstances shall such period go beyond the maintenance period stated in the Schedule.?
六、赔偿处理 Ⅵ. TREATMENT OF CLAIM
The Company will, at its own option, indemnify the Insured in respect of loss of or damage to the insured property either by way of payment in cash or by way of repair or replacement of the items lost or damaged; nevertheless, the extra cost of any alterations, additions or improvements occurring in the course of repair or replacement shall not be recoverable under this Policy.?
In case of any loss or damage recoverable under the Section I of the Policy , the Company shall ascertain the amount of indemnity on the following basis:?
In case of damage which can be repaired, the Company shall pay the cost of repairs necessary to restore the damaged item to its nearest condition immediately preceding the damage after deducting the salvage value. If, however, the cost of repair equals or exceeds the value of the item immediately before the occurrence of the damage, the settlement shall be made according to the provisions 2.2;?
In case of a total or constructive total loss, the Company shall pay the amount of the actual value of the insured items immediately before the occurrence of the loss shall deduct the salvage value. However, the Company may, at its option, decline the abandonment of any damaged property by the Insured;?
In the event of any loss occurrence, the Company shall also pay the Insured for the expenses reasonably incurred for taking necessary measures to minimize loss or damage to the least extent, but in no case shall such expenses referred hereto exceed the sum insured of the insured property.
Upon settlement of a claim, an endorsement shall be issued by the Company to reduce the sum insured corresponding to the property lost or damaged by the amount so settled from the date of loss, and no premium shall be refunded for the amount so reduced. If reinstatement of the sum insured is required by the Insured upon settlement of the claim, an additional premium for the reinstated amount shall be charged at an agreed rate, and be calculated on pro rata daily basis from the date of loss to the expiry of the insurance.?
In the event of any claim recoverable under the Section Ⅱ of this Policy:?
No admission, rejection, offer, promise, payment or indemnity shall be made or given by or on behalf of the Insured or his representative if without the written consent of the Company. And the Company shall be entitled, if it so desires, to take over and conduct in the name of the Insured the defence or settlement of any claim;?
The Company shall be entitled, at its own expense and for its own benefit, to prosecute in the name of the Insured any claim for indemnity against any persons. Without the written consent of the Company, the Insured shall not accept the payment or arrangement of indemnity in respect of the loss or damage offered by any party held responsible for such loss or damage and shall not abandon the right of recovery from such party, otherwise, the Insured shall be liable for any consequence arising therefrom;?
The Company shall have full discretion to conduct any proceedings or settle any claim, and the Insured shall give all such information and assistance as the Company may require.?
The time of validity of a claim under this insurance shall not exceed a period of two years counting from the date of loss.
七、被保险人的义务 Ⅶ. INSURED’S OBLIGATIONS
The following obligations shall be strictly fulfilled by the Insured and his representative:?
The Insured and his representative, when applying for insurance shall make true answers or descriptions to the questions in the Proposal and Questionnaire or to any other questions raised by the Company.?
The Insured and his representative shall pay to the Company in due course the agreed premium in the manner as provided in the Schedule and Endorsement.?
During the period of insurance, the Insured shall at his own expense take all reasonable precautions, including paying sufficient attention to and putting into practice the reasonable recommendations of the Company, prudently selecting the workmen and employees and complying with all statutory regulations and safety operation procedures relative to the performance of the project insured.?
In the event of any occurrence which gives or might give rise to a claim under this Policy, the Insured or his representative shall:?
notify the Company immediately and within seven（7） days or any further period as may be agreed by the Company in writing, furnish a written report to indicate the course, probable reason and extent of loss or damage;?
take all necessary measures to avoid aggravation of the loss or damage and minimize it to the least extent;?
preserve the spot affected and defective parts before an inspection is carried out by a representative or surveyor from the Company;?
inform the Public Security Bureau immediately in case of loss or damage due to theft or burglary or malicious acts;?
immediately give notice to the Company in writing whenever having knowledge of any impending prosecution in connection with any accident for which there may be liability under this Policy, and forward to the Company every letter writ, summons or process or other court documents on receipt thereof;?
furnish all such information and documentary evidence as the Company may require for supporting the claim.?
If discovery of a defect in any property insured shall indicate or suggest that similar defect exists in other property insured, the Insured shall, at his own expenses, investigate and rectify forthwith the defect in such other property. Otherwise, all loss or damage arising out of the said defect shall be borne by the Insured.?
八、总则Ⅷ. GENERAL CONDITIONS
The due observance and fulfilment of the terms and conditions of this Policy in so far as they relate to anything to be done or complied with by the Insured shall be a condition precedent to any liability of the Company under this Policy.?
This Policy shall be voidable in the event of misrepresentation, misdescription or non-disclosure made by the Insured or his representative in any material particular in respect of this insurance.?
Unless its continuance be admitted by the Company in writing, this Policy shall be automatically terminated if:?
1、被保险人丧失保险利益；?the insurable interest of the Insured is lost;?
2、承担风险扩大。?the risk of loss or damage is increased.?
After termination of the Policy, the premium shall be refunded to the Insured calculated on pro rata daily basis for the period from the date of termination to the date of expiry.?
（四）权益丧失?Forfeit of Benefit?
If the claim is in any respect fraudulent, or if any fraudulent means or devices are used by the Insured or his representative to obtain any benefit under this Policy or if any loss or damage is occasioned by the intentional act or in the connivance of the Insured or his representative, then in any of these cases, all the rights and benefits of the Insured under this Policy shall be forfeited, and all consequent losses arising therefrom including the amount of claim paid by the Company shall be indemnified by the Insured.?
The representative of the Company shall at any suitable time be entitled to attend the site and inspect or examine the risk exposure of the property insured. For this purpose, the Insured shall provide full assistance and all details and information required by the Company as may be necessary for the assessment of the risk. The above mentioned inspection or examination shall in no circumstances be held as any admission to the Insured by the Company.?
If, in the event of loss or damage recoverable under the Section I, it is found that the sums insured in respect of each item insured or total items are less than the amounts required to be insured （see Sun Insured of Article IV）, then the difference shall be regarded as self-insurance by the Insured and the Company shall only be liable to pay such proportion of the claim as the sum insured of the damaged item bears to the amount required to be insured.?
Should any loss, damage, expenses or liabilility recoverable under the Policy be also covered by any other insurance, the Company shall only be liable to pay or contribute his proportion of the claim irrespective as to whether the other insurance is arranged by the Insured or others on his behalf, or whether any indemnification is obtainable under such other insurance.?
Where a third party shall be held responsible for the loss or damage covered under this Policy, the Insured shall, whether being indemnified by the Company or not, take all necessary measures to enforce or reserve the right of recovery against such third party, and upon being indemnified by the Company, subrogate to the Company all the right of recovery, transfer all necessary documents to and assist the Company in pursuing recovery from the responsible party.?
Should any dispute arise under this Policy, the contracting parties shall settle the dispute through negotiation. In case no agreement is reached, the contracting parties must choose one of the following two dispute settlement means:?
Such dispute shall be submitted to the arbitration committee specified in the Schedule for arbitration.?
（二） 向中华人民共和国法院提起诉讼。Legal actions shall be taken in a People's Court.?
九、特别条款Ⅸ. SPECIAL PROVISIONS
The following provisions shall be applied to all parts of this Policy and shall override the other terms and conditions of this Policy if any conflict arises.?