Logistics liability insurance clause
general rule
Article 1 This insurance contract (hereinafter referred to as "this contract") consists of an application form, an insurance policy or other insurance documents, attached clauses, insurance documents, statements, comments, attached approval forms and other written documents related to this contract.
Article 2 All enterprises legally engaged in logistics business in People's Republic of China (PRC) (excluding Hong Kong, Macao and Taiwan, the same below) are the insured under this contract.
Article 3 The term "logistics" as mentioned in this contract refers to the process that the insured organically combines the basic functions such as transportation, storage, loading and unloading, handling, packaging, distribution and processing, distribution and information processing, so as to make the goods flow from the place of supply to the entity at the place of receipt.
The logistics goods mentioned in this contract refer to the goods entrusted by the insured to carry out logistics.
insured liability
Article 4 During the insurance period, the insured shall bear the damage or loss of logistics goods (hereinafter referred to as "losses") caused by the following accidents during the operation of logistics business in People's Republic of China (PRC) (excluding Hong Kong, Macao and Taiwan, the same below).
(1) Fire and explosion;
(2) The means of transport collides, derails, capsizes, falls, runs aground, runs aground or sinks, or tunnels, bridges or docks collapse, or the means of transport runs aground, runs aground, sinks or collides in the process of lighterage;
(3) The goods are broken, bent, sunken, cracked, broken, scattered, leaked, damaged in packaging or damaged in containers due to collision and extrusion during transportation;
(four) meet the requirements of safe transportation and rain protection;
(five) accidents occurred when loading and unloading goods or reprinting.
Article 5 The insurer shall pay the legal fees, attorney fees, arbitration fees and other necessary and reasonable expenses (hereinafter referred to as "legal fees") actually paid by the insured and agreed by the insurer in advance in writing, and shall be responsible for compensation within the compensation limit specified in the insurance policy.
exonerate
Article 6 In any of the following circumstances, the insurer shall not be responsible for the loss of logistics goods, and any expenses and liabilities arising therefrom, regardless of the reasons:
(1) Changes such as design errors, poor workmanship, essential defects or characteristics, natural leakage, natural wear and tear, spontaneous combustion or decay, deterioration, damage and death due to their own reasons;
(2) The insured's own transportation or loading and unloading tools are not suitable for transporting or loading logistics goods, or the insured's own warehouse does not have the conditions for storing logistics goods;
(3) Improper packaging of logistics commodities, or intact packaging of logistics commodities, damaged or inconsistent contents, or wrong, missing or unclear identification of logistics commodities;
(4) The quantity, specifications or contents of the logistics goods determined by the consignor or consignee are inaccurate;
(5) The logistics goods are stolen or disappeared for unknown reasons, and the logistics vehicles are stolen or robbed;
(6) The driver drinks alcohol, takes drugs, is drugged, or has no valid driver's license, or holds an unverified driver's license or the driver's license is unqualified.
Article 7 The insurer shall not be liable for losses, expenses and liabilities caused by the following reasons:
(1) Natural disasters
The natural disasters mentioned in this contract refer to lightning strike, storm, rainstorm, flood, blizzard, hail, sandstorm, ice, debris flow, cliff collapse, sudden landslide, volcanic eruption, sudden ground collapse, earthquake, tsunami and other natural phenomena with irresistible destructive power.
(2) Intentional or gross negligence of the insured or its employees or representatives;
(3) The natural attributes of the goods themselves or reasonable losses;
(4) Manual direct oil supply and high temperature baking;
(5) War, hostilities, military actions, armed conflicts, terrorist activities, strikes, riots, riots, administrative acts and judicial acts;
(6) Nuclear explosion;
(7) Radioactive pollution and other environmental pollution;
(eight) public power supply, water supply, gas supply and other public energy interruption;
(nine) contact and use of asbestos, asbestos products or substances containing asbestos components.
Article 8 Where the insured shall be liable for the loss of the following logistics goods according to law, the insurer shall not be liable for compensation, unless the insured applies to the insurer in advance and obtains the written consent of the insurer:
(a) gold and silver, jewelry, diamonds, jade, precious metals;
(2) Antiques, coins, books, paintings and calligraphy;
(3) artworks and stamps;
(4) Guns, ammunition and explosives;
(5) Cash, negotiable securities, bills, documents, files, account books and drawings.
Article 9 An insurer shall not be liable for the following losses, expenses and compensation liabilities:
(1) Loss of property owned or rented by the insured or its employees, drivers or escorts, and loss of goods carried by private persons free of charge;
(2) Fines, fines or punitive damages;
(3) Loss or expense of logistics goods stored in the open air;
(four) losses found during the inventory, or other unexplained shortages;
(5) Losses and expenses of logistics goods stored on the deck in the process of waterway transportation, but container goods are not subject to this restriction;
(six) any compensation for mental damage and indirect losses;
(7) The deductible stated in the insurance policy that should be borne by the insured;
(8) The liability for compensation agreed by the insured in the contract or agreement, but even without the contract or agreement, the liability for compensation that the insured should still bear according to law is not within the scope of liability exemption in this paragraph.
Article 10 The insurer shall not be liable for other losses, expenses and liabilities that are not covered by the insurance.
Limits of compensation and deductibles
Article 11 The compensation limit of this contract shall be determined by the applicant and the insurer through consultation, and shall be specified in the insurance policy schedule.
The deductible of each accident in this contract shall be determined by the insured and the insurer through consultation when concluding the contract, and shall be specified in the contract.
insurance expense
Article 12 The insurer shall collect the premium in advance according to the expected operating income of the logistics business of the insured during the insurance period of this contract.
The insurer takes the actual operating income of the logistics business declared by the insured as the basis for calculating the actual insurance premium. If the actual insurance premium is higher than the prepaid insurance premium, the insured shall pay the difference; If the actual premium is lower than the prepaid premium, the insurer shall refund the difference, but the actual premium shall not be lower than the minimum premium specified in the insurance policy schedule.
Insurance period
Article 13 Unless otherwise agreed, the insurance period is one year. From 0: 00 on the start date of insurance liability specified in the insurance policy to 24: 00 on the end date of insurance liability. The insurer is only responsible for the insured accidents within the scope of this insurance policy during the insurance period.
Obligations of the applicant and the insured
Article 14 When applying for insurance, the applicant shall make a true and detailed explanation or description of the matters in the application form and other matters put forward by the insurer, and fulfill the obligation of telling the truth.
If the applicant intentionally conceals the facts, fails to perform the obligation of telling the truth, or fails to perform the obligation of telling the truth due to negligence, which is enough to affect the insurer's decision on whether to agree to underwrite or increase the insurance premium rate, the insurer has the right to terminate this contract.
If the applicant intentionally fails to fulfill the obligation of telling the truth, the insurer shall not be liable for the insurance accident that occurred before the termination of the contract and shall not refund the insurance premium.
If the insured fails to fulfill the obligation of telling the truth due to negligence, which has seriously affected the occurrence of the insured accident, the insurer shall not be liable for the insured accident that occurred before the termination of the contract, but may refund the unexpired insurance premium.
Article 15 The applicant shall pay the insurance premium as agreed in this contract. If the contract stipulates to pay the insurance premium in one lump sum or fails to stipulate the delivery method and delivery time of the insurance premium, the applicant shall pay the insurance premium in one lump sum before the insurance liability begins; If it is agreed to pay the insurance premium by installments, the insured shall pay the first installment of the insurance premium on schedule. If the applicant fails to pay the insurance premium as agreed in this paragraph, this contract will not take effect and the insurer will not bear the insurance liability.
If the insured fails to pay the insurance premium in full on schedule, or fails to pay the insurance premium for the second or any subsequent period on the agreed date, the insurer has the right to terminate this contract, and recover the insurance premium and interest during the period when it has assumed the insurance liability from the date of default, and this contract shall be terminated when the termination notice is served on the insured; If an insurance accident occurs before the termination of this contract, the insurer shall bear the insurance liability according to the proportion of the insurance premium paid by the applicant to the total insurance premium stated in the insurance policy.
Article 16 The insured shall strictly abide by the national laws, regulations and rules, strengthen management, take reasonable preventive measures to avoid or reduce the occurrence of liability accidents, and shall accept and actively assist the insurer in the survey and loss prevention of the insured goods.
The insurer has the right to refuse compensation for the accident caused by the insured's failure to comply with the above agreement; If the insured fails to comply with the above agreement, resulting in the expansion of the liability accident, the insurer has the right to refuse to compensate for the expanded liability.
Article 17 During the insurance period, the insured shall promptly notify the insurer in writing of any change in the items contained in the insurance policy or related logistics contract. If the risk of the subject matter insured increases, the insurer has the right to demand an increase in insurance premium or terminate the contract. If the insured fails to fulfill the obligation of informing, and the insured accident is caused by the increased risk of the subject matter insured, the insurer shall not be liable for compensation.
During the insurance period, the insured shall fill in the declaration form of logistics liability insurance according to the agreement with the insurer and report to the insurer in time. The insurer calculates the actual insurance premium according to the declaration form of logistics liability insurance. The insurer shall not be liable for compensation if the insured fails to perform or violate the obligation to declare, and an accident of undeclared logistics goods occurs, which leads to an insurance accident or an increase in insurance losses.
Article 18 After the occurrence of an insured accident, the insured shall promptly notify the insurer, and explain in writing the cause, course and claim amount of the accident; When the insured receives a court summons or other legal documents, he shall send a copy or photocopy to the insurer in time. After the occurrence of an insured accident, the insurer has the right to conduct litigation defense or arbitration in the name of the insured, and the insured shall provide relevant certificates and materials and give necessary assistance.
If the insured fails to perform the obligations agreed in the preceding paragraph, and the insurer is unable to specify the responsibility for the accident, the insurer has the right to refuse compensation; If the insurer cannot verify the losses caused by this, the insurer has the right to refuse to compensate for the unverifiable part; If the liability for compensation is expanded as a result, the insurer has the right to refuse to compensate for the expanded liability.
Article 19 After the occurrence of an insured accident, the insured or his representative shall not make any promise, refusal, bid, consent, payment or compensation to the claimant without the written consent of the insurer, otherwise, the insurer has the right to deduct the compensation amount or refuse to pay compensation.
Article 20 The insured shall provide the insurer with all kinds of certificates and materials related to the claim in time, and ensure their truthfulness and completeness.
If the insured fails to perform the obligations agreed in the preceding paragraph, resulting in the uncertainty of part or all of the insurance liability, the insurer shall not be liable for the uncertain part.
Article 21 When applying for compensation, the insured shall truthfully explain to the insurer the situation of other insurance contracts related to the insurance liability under this contract. If the insured fails to truthfully explain the situation, causing the insurer to pay more insurance compensation, the insurer has the right to recover from the insured the part that should be compensated by the insurer under other insurance contracts.
Compensatory therapy
Article 22 When applying for compensation, the insured shall provide the insurer with the following documents and materials:
(a) the original insurance policy and insurance premium payment certificate;
(2) Effective legal documents (including written rulings, awards, judgments and conciliation statements, etc.). );
(3) Other certificates and materials that the applicant and the insured can provide that are relevant to the claim and necessary and can prove the nature, cause and degree of the loss.
If the insured fails to provide the documents in time, which makes it impossible for the insurer to verify the authenticity of the documents and the items recorded therein, the insurer has the right to refuse compensation for the part that cannot be verified.
Article 23 After the occurrence of an insured accident, the insurer's compensation amount shall be based on the insured's economic compensation liability determined in one of the following ways:
(1) The insured negotiates with the third party or other claimants and is confirmed by the insurer;
(2) the award of the arbitration institution;
(3) the judgment of the people's court;
(4) Other methods approved by the insurer.
During the insurance period, the insurer's accumulated compensation amount (excluding legal fees) shall not exceed the accumulated compensation limit specified in the insurance policy.
Article 24 When an insurance liability accident occurs, the insurer's compensation for each accident of logistics goods shall not exceed the compensation limit for each accident specified in the insurance policy, and the legal expenses actually paid by the insured in each accident shall be calculated in addition to the compensation limit for each accident, but the maximum compensation limit shall not exceed 30%.
During this insurance period, the insurer's accumulated compensation for logistics goods shall not exceed the accumulated compensation limit stipulated in the insurance policy. The legal expenses actually incurred by the insured shall be calculated as compensation for the part exceeding the cumulative compensation limit, but the cumulative compensation shall not exceed 30% of the cumulative compensation limit stipulated in the insurance policy.
Article 25 After receiving the notice of the insured's claim, the insurer shall verify it in time and notify the insured of the verification result. For the insured, the insurer shall perform the compensation obligation within 10 days after reaching the relevant compensation agreement with the insured.
Article 27 If losses within the scope of insurance liability occur and should be compensated by a third party according to law, the insurer may make compensation in advance according to the requirements of the insured and the stipulations of this contract. The insurer shall subrogate the insured's right to claim compensation from a third party within the scope of compensation from the date of compensation to the insured. If the insured has obtained compensation from a third party, the insurer may deduct the amount of compensation that the insured has obtained from the third party when paying the insurance money.
If the insured waives the right to claim compensation from a third party without the written consent of the insurer after the insured accident and before the insurer pays the insurance money, the insurer shall not be liable for compensation; After the insurer compensates the insured's insurance money, if the insured waives the right to claim compensation from a third party without the written consent of the insurer, the act is invalid; If the insurer cannot claim compensation by subrogation due to the fault of the insured, the insurer shall deduct the insurance compensation accordingly.
When the insurer exercises the right of subrogation against a third party, the insured shall inform the insurer of the relevant information he knows, and provide the necessary documents and materials according to the insurer's requirements, and actively assist the insurer to recover.
Article 28 When the insurer is responsible for compensation for losses, expenses and liabilities, if there is double insurance, it shall be liable for compensation according to the proportion of the relevant compensation limits in this contract to the sum of the relevant compensation limits in all relevant contracts.
The insurer is not responsible for the amount of compensation that other insurers should bear.
Article 29 After the settlement of insurance compensation, the insurer shall no longer be responsible for compensating any newly increased losses, expenses or liability related to the insured accident.
When the insured accident involves multiple third parties, if both the insurer and the insured have confirmed the compensation amount of some third parties, the insurer may pay in advance according to the application of the insured. After the first payment, the insurer is no longer responsible for compensating any new compensation related to these third parties.
Termination and rescission of contract
Article 30 After the establishment of this contract, the applicant may request to terminate this contract. If the applicant requests to terminate this contract, he shall submit a written application to the insurer, and this contract shall be terminated at 24: 00 on the day when the insurer receives the written application.
Article 31 During the insurance period, if the accumulated compensation amount fails to reach the accumulated compensation limit stipulated in the insurance policy after the insurance accident, the applicant may terminate this contract or the insurer may terminate this contract within 30 days after the insurer makes compensation. If the insurer requests to terminate this contract, it shall notify the applicant in writing in advance, and this contract shall be terminated at 24: 00 on the fifth day of/kloc-0 after the termination notice reaches the last mailing address of the applicant.
Article 32 If the applicant requests to terminate this contract before the commencement date of insurance liability specified in the insurance policy, he shall pay the insurer a handling fee of 5% of the annual insurance premium, and the insurer shall refund the insurance premium already collected.
Unless otherwise agreed in this contract, if this contract is terminated after the insurance liability stated in the insurance policy begins, the insurer shall return the unexpired premium to the applicant. If the insured accident under this contract is still not compensated at the time of termination, the insurer may return the unexpired insurance premium to the applicant after the compensation is closed.
Article 33 This contract shall be terminated in any of the following circumstances:
(a) Termination of this contract;
(2) The insurance period of this contract expires;
(3) The accumulated compensation amount of this contract during the insurance period has reached the accumulated compensation limit stipulated in the insurance policy;
(4) Other circumstances stipulated by law or agreed in this contract.
settlement of dispute
Article 34 Any dispute arising from the performance of this contract shall be settled by both parties through consultation. If negotiation fails, it shall be submitted to the arbitration institution specified in the insurance policy for arbitration; If the arbitration institution is not specified in the insurance policy and no arbitration agreement is reached after the dispute occurs, a lawsuit may be brought to the people's court according to law.
Judicial control
Article 35 This contract shall be governed by the laws of People's Republic of China (PRC) and People's Republic of China (PRC).
Article 36 The definitions of relevant technical terms in this contract are as follows:
Insurer: China Pacific Property Insurance Company Limited.
Every accident: refers to one or a series of claims or civil lawsuits filed by one or more third parties or other claimants against the insured for the same reason or reason, which belongs to the scope of insurance liability. This contract regards it as an insured accident, which is referred to as every accident in this contract for short.
Unexpired premium: refers to the premium that the insurer should refund during the remaining insurance period. The unexpired premium is calculated according to the following formula:
Premature premium = annual premium × (days of remaining insurance period /365)× (cumulative compensation limit-cumulative compensation amount)/cumulative compensation limit.
Cumulative compensation amount: refers to the sum of insurance compensation paid by the insurer during the actual insurance period, but does not include (rescue expenses and) legal expenses paid by the insurer.
Actual insurance period: refers to the period from 0: 00 on the start date of insurance liability specified in the insurance policy to 24: 00 on the termination date of this contract.
Additional theft and robbery liability insurance clauses
Article 1 The applicant can only take out this additional insurance after taking out logistics liability insurance (hereinafter referred to as "main insurance").
Article 2 If this additional risk conflicts with the main risk, the additional risk shall prevail; Matters not covered in this additional insurance shall be subject to the main insurance clause.
Article 3 When the effectiveness of the main insurance contract is terminated, the effectiveness of this additional insurance contract is terminated.
Article 4 Insurance liability
The parties to the insurance contract specifically agree that during the insurance period, if the loss of logistics goods is caused by the theft or robbery of goods, which is confirmed by the public security department to be caused by theft or robbery, the insured shall be liable for compensation according to the laws of People's Republic of China (PRC) (excluding the laws of Hong Kong, Macao and Taiwan), and the insurer shall be responsible for compensation according to this insurance contract.
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