上传: 郭国汀 | 发布: 2011-4-12 21:36 | 作者: 郭国汀译 | 来源: 法律出版社 | 查看: 0



(Institute Time Clauses, Freight)


This insurance is subject to English law and practice.



1 航行条款(Navigation


1.1   The Vessel has leave to dock and undock, to go into graving dock, to sail or navigate with or without pilots, to go on trial trips and to assist and tow vessels or craft in distress, but it is warranted that the Vessel shall not be towed, except as is customary or to the first safe port or place when in need of assistance, or undertake towage or salvage services under a contract previously arranged by the Assured and/or Owners and/or Managers and/or Charterers. This Clause 1 shall not exclude customary towage in connection with loading and discharging.

1.2   This insurance shall not be prejudiced by reason of the Assured entering into any contract with pilots or for customary towage which limits or exempts the liability of the pilots and/or tugs and /or towboats and /or their owners when the Assured or their agents accept or are compelled to accept such contracts in accordance with established local law or practice.

1.3   The practice of engaging helicopters for the transportation of personnel, supplies and equipment to and/or from the Vessel shall not prejudice this insurance.


1.1    保险船舶允许在有或没有引航员的情况下靠离码头,进干船坞,开航或航行,试航及协助,拖带遇险船舶或驳船,但保证保险船舶不得被拖带,除非是习惯性的,或当需要协助时被拖带至第一个安全港口或地点,也不得根据被保险人,船舶所有人,管理人和/或承租人事先安排的合同,从事拖带或救助服务。但本1.1款不排除与装卸有关的习惯性拖带。

1.2    本保险不因被保险人签订限制或免除引航员和/或拖船和/或其所有人责任的引航或习惯性拖带的任何合同而受损害,如果被保险人或其代理人根据限定的当地法律或习惯接受或被迫接受此种合同。

1.3    雇用直升飞机向保险船舶运送和/或从保险船舶运出人员,供应品或设备,不损害本保险。


2 驳船风险条款(Craft Risk)


  Including risk of craft and/or lighter to and from the Vessel.



3 延续条款(Continuation)


  Should the Vessel at the expiration of this insurance be at sea and in distress or missing, the subject-matter insured shall, provided notice be given to the Underwriters prior to the expiration of this insurance, be held covered until arrival of the Vessel at the next port in good safety, or in port and in distress until the Vessel is made safe, at a pro rata monthly premium.

3  延续。



4 违反保证条款(Breach of Warranty)


  Held covered in case of any breach of any breach of warranty as to cargo, trade, locality, towage, salvage services or date of sailing, provided notice be given to the Underwriters immediately after receipt of advice and any amended terms of cover and any additional premium required by them be agreed.

4 违反保证



5 船级条款(Classification)


  5.1 It is the duty of the Assured, Owners and Managers at the inception of and throughout the period of this insurance to ensure that

  5.1.1 the Vessel is classed with a Classification Society agreed by the Underwriters and that her class within that Society is maintained,

  5.1.2 any recommendations requirements or restrictions imposed by the Vessel’s Classification Society which relate to the Vessel’s seaworthiness or to her maintenance in a seaworthy condition are complied with by the dates required by that Society.

  5.2 In the event of any breach of the duties set out in Clause 5.1 above, unless the Underwriters agree to the contrary in writing, they will be discharged from liability under this insurance as from the date of the breach, provided that if the Vessel is at sea at such date the Underwriters’ discharge from liability is deferred until arrival at her next port.

  5.3 Any incident condition or damage in respect of which the Vessel’s Classification Society might make recommendations as to repairs or other action to be taken by the Assured, Owners or Managers must be promptly reported to the Classification Society.

  5.4 Should the Underwriters wish to approach the Classification Society directly for information and/or documents, the Assured will provided the necessary authorization.

5 船级

  5.1 被保险人、船舶所有人和管理人有义务在本保险责任开始和整个保险期间保证:

  5.1.1 保险船舶在保险人同意的船级社入级并维持该船级社的船级;

  5.1.2 该船级社提出的有关船舶适航性或维持其适航条件的任何建议,要求或限制,应在该船级社要求的日期前执行。

  5.2 倘若发生对上述第5.1款规定的义务的任何违反,除非保险人另行书面同意,保险人得自违反之日起解除根据本保险的责任,但若当时保险船舶尚在海上,保险人延至其抵达下一港口时解除责任。

  5.3 对船级社可能建议被保险人修理或采取其他措施的任何事件、条款、损害,船舶所有人或管理人必须迅速报告船级社。

  5.4 如果保险人要求直接向船级社取得信息和/或文件,被保险人应提供必要的授权。


6 终止条款(Termination)


  This Clause 6 shall prevail notwithstanding any provision whether written typed or printed in this insurance inconsistent therewith.

  Unless the Underwriters agree to the contrary in writing, this insurance shall terminate automatically at the time of

  6.1 change of the Classification Society of the Vessel, or change, suspension, discontinuance, withdrawal or expiry of her Class therein, or any of the Classification Society’s periodic surveys becoming overdue unless an extension of time for such survey be agreed by the Classification Society, provided that if the Vessel is at sea such automatic termination shall be deferred until arrival at her next port. However where such change, suspension, discontinuance or withdrawal of her Class or where a periodic survey becoming overdue has resulted from loss or damage covered by Clause 7 of this insurance or which would be covered by an insurance of the Vessel subject to current Institute Time Clauses Hulls or Institute War and Strikes Clauses Hulls-Time such automatic termination shall only operate should the Vessel sail from her next port without the prior approval of the Classification Society or in the case of a periodic survey becoming overdue without the Classification Society having agreed an extension of time for such survey,

  6.2 any change, voluntary or otherwise, in the ownership or flag, transfer to new management, or charter on a bareboat basis, or requisition for title or use of the Vessel, provided that, if the Vessel has cargo on board and has already sailed from her loading port or is at sea in ballast, such automatic termination shall if required be deferred, whilst the Vessel continues her planned voyage, until arrival at final port of discharge if with cargo or at port of destination if in ballast. However, in the event of requisition for title or sue without the prior execution of a written agreement by the Assured, such automatic termination shall occur fifteen days after such requisition whether the Vessel is at sea or in port.

A pro rata daily net return of premium shall be made provided that a total loss of the Vessel, whether by insured perils or otherwise, has not occurred during the period covered by this insurance or any extension thereof.

6 终止



6.1 保险船舶的船级社变更,或其船级变更,暂停、中止、撤回或期满、或船级社的定期检验过期,除非船极社同意延期进行此种检验,但如果船舶在海上,此种自动终止应延迟到船舶抵达下一港口时。然而,如果此种船级变更、暂停、终止、撤回、或定期检验过期,是由本保险第6条承保的灭失或损害造成的,或者是由根据现行协会船舶战争险和罢工险定期保险条款承保的灭失或损害引起的,此种自动终止,仅于船舶未经船级社事先同意在下一港口开航时,或在定期检验过期的情况下,船级社未同意延期进行此种检验时,才生效。

6.2 自愿或以其他方式变更船舶所有权或船旗,转让给新的管理人、光船出租或被征购、征用,但如果船上载有货物且已从装货港开航,或在海上空载航行,经要求,此种自动终止应延迟,直至船舶继续其计划航程,载货船舶到达最后卸货港为止,空载船舶到达目的港为止。不过,如果征购、征用未事先与被保险人签订书面协议,那么无论船舶是在海上还是在港内,此种自动终止将在船舶被征用后15天开始生效。



7 危险条款(Perils)


  7.1 This insurance covers loss of the subject-matter insured caused by

  7.1.1 perils of the seas rivers lakes or other navigable waters

  7.1.2 fire, explosion

  7.1.3 violent theft by persons from outside the Vessel

  7.1.4 jettison

  7.1.5 piracy

  7.1.6 contact with land conveyance, dock or harbour equipment or installation

  7.1.7 earthquake volcanic eruption or lightning

  7.1.8 accidents in loading discharging or shifting cargo or fuel.

  7.2 This insurance covers loss of the subject-matter insured caused by

  7.2.1 bursting of boilers breakage of shafts or any latent defect in the machinery or hull

  7.2.2 negligence of Master Officers Crew or Pilots

  7.2.3 negligence of repairers or charterers provided such repairers or charterers are not an Assured hereunder

  7.2.4 barratry of Master Officers or Crew

  7.2.5 contact with aircraft, helicopters or similar objects or objects falling therefrom provided such loss has not resulted from want of due diligence by the Assured, Owners, Managers or Superintendents or any of their onshore management.

  7.3 Masters Officers Crew or Pilots not to be considered Owners within the meaning of this Clause 7 should they hold shares in the Vessel.

7 危险

  7.1 本保险承保下列原因造成的保险标的的灭失:

  7.1.1 海上、江河、湖泊或其他可航水域的危险

  7.1.2 火灾、爆炸

  7.1.3 来自保险船舶处的人员的暴力盗窃

  7.1.4 抛弃

  7.1.5 海盗

  7.1.6 与陆上运输工具、码头或港口设备、设施接触

  7.1.7 地震、火山爆发或闪电

  7.1.8 装卸或搬移货物或燃料过程中的意外事故

  7.2 本保险承保下列原因造成的保险标的的灭失

  7.2.1 锅炉破裂、尾轴断裂,或者机器、船壳的潜在缺陷

  7.2.2 船长、高级船员、船员或引航员的过失

  7.2.3 修船人或承租人的过失,如果此种修船人或承租人不是本保险的被保险人

  7.2.4 船长、高级船员或船员的欺诈恶行

  7.2.5 与航空器、直升飞机或类似物体,或从其上坠落的物体触碰,如果此种灭失并非由于被保险人、船东、管理人或船技主管或其岸上管理人员未谨慎处理所致。

  7.3 船长、高级船员、船员或引航员拥有保险船舶股份的,也不视作本条意义上的船东。


8 污染危险条款(Pollution Hazard)


  This insurance covers loss of the subject matter insured caused by any governmental authority acting under the powers vested in it to prevent or mitigate a pollution hazard or damage to the environment, or threat thereof, resulting directly from a peril covered by this insurance, provided that such act of governmental authority has not resulted from want of due diligence by the Assured, Owners or Managers to prevent or mitigate such hazard or damage, or threat thereof. Masters Officers Crew or Pilots not to be considered Owners within the meaning of this Clause 8 should they hold shares in the Vessel.

8 污染危险



9 运费碰撞条款(Freight Collision)


  9.1 It is further agreed that if the Vessel shall come into collision with any other vessel and the Assure shall in consequence thereof become liable to pay and shall pay by way of damages to any other person or persons any sum or sums in respect of the amount of freight taken into account in calculating the measure of the liability of the Assured for

  9.1.1 loss of or damage to any other vessel or property on any other vessel

  9.1.2 delay to or loss of use of any such other vessel or property thereon

  9.1.3 general average of, salvage of, or salvage under contract of, any such other vessel or property thereon, the Underwriters will pay the Assured such proportion of three-fourths of such sum or sums so paid applying to freight as their respective subscriptions hereto bear to the total amount insured on freight, or to the gross freight earned on the voyage during which the collision occurred if this be greater.

  9.2 Provided always that:

  9.2.1 liability of the Underwriters in respect of any one such collision shall not exceed their proportionate part of three-fourths of the total amount insured hereon on freight, and in cases in which, with the prior consent in writing of the Underwriters, the liability of the vessel has been contested or proceedings have been taken to limit liability, they will also pay a like proportion of three-fourths of the costs, appertaining proportionately to the freight portion of damages, which the Assured shall thereby incur or be compelled to pay;

  9.2.2 no claim shall attach to this insurance: which attaches to any other insurance covering collision liabilities which is, or would be, recoverable in the terms of the Institute 3/4ths Collision Liability Clause if the Vessel were insured in the terms of such Institute 3/4ths Collision Liability Clause for a value not less than the equivalent in pounds sterling, at the time of commencement of this insurance, of the Vessel’s limit of liability calculated in accordance with Article 6.1(b) of the 1976 Limitation Convention,

  9.2.3 this Clause 9 shall in no case extend or be deemed to extend to any sum which the Assured may become liable to pay or shall pay for or in respect of: removal or disposal, under statutory powers or otherwise, of obstructions, wrecks, cargoes or any other thing whatsoever any real or personal property or thing whatsoever except other vessels or property on other vessels pollution or contamination, or threat thereof, of any real or personal property or thing whatsoever (except other vessels with which the insured Vessel is in collision or property on such other vessels) or damage to the environment, or threat thereof, save that this exclusion shall not extend to any sum which the Assured shall pay for or in respect of salvage remuneration in which the skill and efforts of the salvors in preventing or minimising damage to the environment as is referred to in Article 13 paragraph 1(b) of the International Convention of Salvage, 1989 have been taken into account the cargo or other property on or the engagements of the Vessel loss of life, personal injury or illness.

9 运费碰撞条款

  9.1 进一步同意,如果保险船舶与他船发生碰撞,被保险人因此有责任并应向任何其他人支付在计算被保险人的责任范围时考虑了运费金额的损害赔偿金额:

  9.1.1 任何其他船舶或其船上财产的灭失或损害

  9.1.2 任何其他船舶或其船上财产的延迟或丧失用途

  9.1.3 任何其他船舶或其船上财产的共同海损、救助报酬或根据合同的救助报酬,保险人应按照此处各分项已支付运费金额与运费保险金额总额比例,或在碰撞时处于风险中的毛运费高于运费保险金额总额时,按照此处各分项已支付运费金额与处于风险中的毛运费的比例,支付被保险人此种金额的四分之三。

  9.2 但须符合下列条件:

  9.2.1 在一次此种碰撞中保险人的责任不超过运费保险总金额的四分之三应分摊的部分,在保险人事先书面同意的情况下,如果对保险船舶的责任进行了抗辩或提起了限制责任的程序,对被保险人发生的或被迫支付的损害赔偿的运费部分应分担的费用,保险人也支付四分之三部分;

  9.2.2 本保险不负责下列索赔: 属于承保碰撞责任的任何其他保险者; 如果保险船舶按协会四分之三碰撞责任条款投保,在本保险生效时,保险价值不低于相当于根据1976《责任限制公约》6.1(b)项计算的船舶责任限制的英镑,即可根据该协会四分之三碰撞责任条款获得补偿者;

  9.2.3 在任何情况下,本第9条皆不扩展或视为扩展承保被保险人可能有责任或应支付的任何金额: 根据法定权力或其他权利,移走或处置障碍物、(船舶)残骸、货物或任何其他物体 其他船舶或其船上财产之外的任何动产、不动产或任何物体 任何动产、不动产或任何物体(与保险船舶碰撞的船舶或其船上财产除外)的污染或沾污或其威胁或对环境的损害或其威胁,但是考虑到1989《国际救助公约》13条第1(b)项提及的救助人在防止或尽量减轻环境损害方面的技能和努力,本项除外不扩展至被保险人应支付的有关救助报酬 保险船舶上的货物,其他财产或债务(engagement) 人身伤亡或疾病。


10 姐妹船条款(Sistership)


  Should the Vessel named herein come into collision with or receive salvage services from another vessel belonging wholly or in part to the same Owners, or under the same management, the Assured shall have the same rights under this insurance as they would have were the other vessel entirely the property of Owners not interested in the Vessel named herein; but in such cases the liability for the collision or the amount payable for the services rendered shall be referred to a sole arbitrator to be agreed upon between the Underwriters and the Assured.

10 姐妹船



11 共同海损与救助条款(General Average and Salvage)


  11.1 This insurance covers the proportion of general average salvage and/or salvage charges attaching to freight at risk of the Assured, reduced in respect of any under-insurance.

  11.2 Adjustment to be according to the law and practice obtaining at the place where the adventure ends, as if the contract of affreightment contained no special terms upon the subject; but where the contract of affreightment so provides the adjustment shall be according to the York-Antwerp Rules.

  11.3 No claim under this Clause 11 shall in any case be allowed where the loss was not incurred to avoid or in connection with the avoidance of a peril insured against.

  11.4 No claim under this Clause 11 shall in any case be allowed for or in respect of

  11.4.1 special compensation payable to a salvor under Article 14 of the International Convention on Salvage, 1989 or under any other provision in any statute, rule, law or contract which is similar in substance.

  11.4.2 expenses or liabilities incurred in respect of damage to the environment, or the threat of such damage, or as a consequence of the escape or release of pollutant substances from the Vessel, or the threat of such escape or release.

  11.5 Clause 11.4 shall not however exclude any sum which the Assured shall pay to salvors for or in respect of salvage remuneration in which the skill and efforts of the salvors in preventing or minimising damage to the environment as is referred to in Article 13 paragraph 1(b) of the International Convention on Salvage, 1989 have been taken into account.

11 共同海损和救助

  11.1 本保险承保保险船舶按比例分摊的救助、救助费用及/或共同海损,并对任何不足额保险作相应扣减

  11.2 共同海损的理算应按照航程终止地的法律和惯例办理,如同货运合同中不含有适用法律的特殊条款;但在货运合同已作规定的情况下,共同海损理算应按《约克.安特卫普规则》办理。

  11.3 如果损失不是为避免承保危险而发生或与之有关,根据本第11条提出的索赔在任何情况下均不予认可。

  11.4 为下述各项根据本第11条提出的索赔在任何情况下均不予认可:

  11.4.1 根据1989《国际救助公约》14条或根据实质上相似的任何成文法、规则、法律或合同中的任何其他条款,向救助人支付的特别补偿

  11.4.2 环境损害或其威胁引起的,或者由于从保险船舶隘出或排出污染物质或其威胁所致的费用或责任

  11.5 然而,第114款不应排除1989《国际救助公约》131(b)项已经考虑的,救助人在防止或减轻环境损害方面的技术和努力,被保险人应向救助人支付有关救助报酬。


12 相对免赔额条款(Franchise


  This insurance does not cover partial loss, other than general average loss , under 3% unless caused by fire, sinking, stranding or collision with another vessel. Each craft and/or lighter to be deemed a separate insurance if required by the Assured.

12 相对免赔额


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