Rabu, 31 Oktober 2012

ARCHITECTS, SURVEYORS AND CONSULTING ENGINEERS EXPENCES (5% OF TSI)

It is hereby and agreed as follows
  1. The insurance of each item on buildings or Contents includes an amount in respect of Architects, Surveyors, Legal and Consulting Engineers fees not exceeding those provided under the scales of the various institutions and/or bodies regulating such fees prevailing at the time of the destruction or damage and not exceeding 5% of the individual sums insured.
  1. The insurance on fees applies only to those necessarily and reasonably incurred in the reinstatement or repair of Property Insured consequent upon its destruction or damage but not for preparing any claim, it being understood that the amount payable under the item shall not exceed in total its sum insured.

AVERAGE RELIEF CLAUSE (85%)

Each item insured this memorandum is declared to be separately subject to the following condition of average namely.
If at the time of reinstatement the sum representing 85% of the cost which would have been incurred in reinstatement if the whole of the property covered by such item been destroyed the commencement of any destruction of or damage to such property by any other peril hereby incurred against, then the Insured shall be considered as being his own insurer for the difference between the sum insured and the sum representing the cost of reinstatement of the whole of the property and shall bear a rate able proportion of the accord

AWNINGS, BLINDS, SIGNS OR OTHER OUTDOOR FITTINGS OF EVERY DESCRIPTION CLAUSE

Awnings, Blinds, Signs or other fixtures or fittings of any description are covered by this Policy provided that the Insurer’s liability under this extension shall be on first loss basis, not in the aggregate to exceed Rp. 5.000.000,-

ALTERATION AND REPAIR CLAUSE

Minor alterations, additions and repairs to building, plant, fixture & fittings and machinery (exclusive of any Sprinkler Installations) and works in progress allowed and the insurance by this policy is extended to over on and/or whilst in such additions.

ALL OTHER CONTENTS

It is noted and agreed that this Policy extends to include

  1. Money and stamps not otherwise specifically insured for an amount not exceeding in the aggregate Rp.5.000.000,-
  1. Documents, manuscripts and business books but only for the value of the materials as Stationery, together with the cost of clerical labor expended in writing up, and for the value to the information contained therein and for an amount not exceeding in the aggregate Rp. 5.000.000,-
  1. Computer system record but only for the value of the materials together with the cost of clerical labor and computer time expended in reproducing such records (excluding expenses in connection with the production of information to be recorded therein ) and not for the value to the insured of the information contained therein for an amount not exceeding in the aggregate Rp. 5.000.000,-
  1. Patterns, moulds, models, plans and designs, for and amount not exceeding in the aggregate Rp. 5.000.000,-

Employees pedal cycles, clothing, tools and other personal effects for an amount not exceeding Rp. 250.000,- in respect of any one employee

BANKER’S CLAUSE

It is note and agreed that the property insured by this policy has been pledged with the :

PT.BANK XXXX

and that is consequence thereof, it has been agreed with the said mortgagee and the Insured, that in case of loss, if any, payable under this policy any payment up to the amount to which the said mortgagee is entitled for principal, interest accrued and costs shall be made to the said mortgage without prejudice to the rights the Insured may have on the difference. This clause to be null and void on receipt of advise from the said Bank that they are no longer interest in the property insured under this policy.

CIVIL AUTHORITIES CLAUSE

The Insurance is extended to cover direct loss or damage to the described property caused by acts of destruction executed by order of any Public Authority at the time of and only during a conflagration to retard the spread thereof, and subject to all other terms and conditions of this Policy. This Insurer shall not be liable, however, for more than the amount for which it would have been liable had the loss been caused by a peril insured against under this policy.

CAPITAL ADDITIONS CLAUSE ( 10 % OF TSI)

The insurance hereby extends to cover alterations, additions and improvements (but not appreciation in value) in excess of the sums insured for buildings and machinery specified in the Policy for an amount not exceeding 10% (ten percent) of the sum insured it being understood that the Insured undertakes to advise the Insurer each

COMPUTER RECORDS CLAUSE

This insurance includes cover for computer system records but only for the value of the materials together with the cost of clerical labor and computer time expended in reproducing such records (excluding any expenses in connection with the production to be recorded therein) and not for value to the Insured of the information contained therein for an amount not exceeding in the aggregate Rp. 5.000.000,-

COST RE-ERECTION CLAUSE

The insurance by this Policy extends to cover the cost of re-erecting, fitting and fixing machinery or plant destroyed or damaged by fire or by any other peril hereby insured against providing always that the liability of the Insurer shall not exceed the sum insured of such machinery or plant under this Policy.

DESIGNATION CLAUSE

For the purpose of determining, where necessary, the defining of any property insured hereby the Insurer agrees to accept the designation under which such property as been entered in the Insured’s books.

ELECTRONIC DATA RECOGNITION CLAUSE EDRC (A)


This insurance does not cover any loss, damage, cost, claim or expense, whether preventative remedial or otherwise, directly or indirectly arising out of or relating to :
  1. The calculation, comparison, differentiation, sequencing or processing of data involving the date change to the year 2000, or any other date change including leap year calculations, by any computer system, hardware program or software and/or any microchip, integrated circuit or similar device in computer equipment or non-computer equipment, whether the property of the insured or not, or
  1. Any change, alteration, or modification involving the date change to the year 2000 or any other date change including leap year calculations, to any such computer system hardware, program or software and/or any microchip, integrated circuit or similar device in computer equipment or non-computer equipment, whether the property of the insured or not.
This clause applies regardless of any other cause or event that contributes concurrently or in any sequence to the loss damage, cost, claim or expense
EMPLOYEES PERSONAL EFFECTS CLAUSE

The indemnity granted by this Policy extends to include clothing and/or personal effect of the employees of the Insured for an amount not exceeding Rp. 250.000,- in respect of any one employee and for an amount not exceeding in the aggregate Rp. 5.000.000,-

ELECTRONIC DATA ENDORSEMENT B

  1. Electronic Data Exclusion

Notwithstanding any provision to the contrary within the Policy or any endorsement thereto, it in understood and agreed as follows.

  1. This Policy does not insured loss, damage, destruction, distortion, erasure, corruption or alteration of ELECTRONIC DATA from any cause whatsoever (including but not limited to COMPUTER VIRUS) or loss of use, reduction in functionality, cost, expense of whatsoever nature resulting therefrom, regardless of any other cause or event contributing or in any other sequence to the loss.
ELECTRONIC DATA means facts, concepts and information converted to a form useable for communication, interpretation or processing by electronic and electromechanical data processing or electronically controlled equipment and includes programmes, software and other coded instructions for the processing and manipulation of data or the direction and manipulation of such equipment.

COMPUTER VIRUS means a set of corrupting, harmful or otherwise unauthorized instructions or code including a set of maliciously introduced unauthorized instructions or code, programmatic or otherwise, that propagate themselves through a computer system or network of whatsoever nature COMPUTER VIRUS includes but is not limited
‘ Trojan Horses’,’Worms’ and ‘time or logic bombs’.
  1. However, in the event that a peril below results from any of the matters described in paragraph a) above, this Policy, subject to all its terms, conditions and exclusion, will cover physical damage occurring during the Policy period to property insured by this Policy directly caused by such listed peril.

Listed Perils

Fire
Explosion .

  1. Electronic Data Processing Media Valuation

Notwithstanding any provision to the contrary within the Policy or any endorsement thereto, it is understood and agreed as follows:

Should electronic data processing media insured by this Policy suffer physical loss or damage insured by this Policy, them the basis of valuation shall be the cost of the blank media plus the costs of copying the ELECTRONIC DATA from back-up or from originals of a previous generation. These costs will not include research and engineering nor any costs of recreating, gathering or assembling such ELECTRONIC DATA. If the media is not repaired, replaced or restored the basis of valuation shall be the cost of the blank media, However this Policy does not insure any amount pertaining to the value of such ELECTRONIC DATA to the Assured or any other party, even if such ELECTRONIC DATA cannot be recreated, gathered or assembled.

FIRE BRIGADES CHARGES

It is hereby understood and agreed that the reasonable 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

INTERNAL REMOVAL CLAUSE

It is understood and agreed that is the event of removal of property from one building to another at any of the situations covered by this policy being inadvertently to the Insurer, the insurance on such property shall follow removal, the necessary adjustments in Sum and premium being made as from the date of removal as soon as the oversight is discovered. Provided however that the liability of the Insurer shall not exceed the Sum Insured hereunder.

IMPACT BY OWN VEHICLES CLAUSE

It is noted and agreed that the cover relating to impact of vehicles shall include vehicles owned or used by the Insured.

INFORMATION TECHNOLOGI HAZARD CLARIFICATION CLAUSE (N.M.A. 2912)

Losses arising, directly or indirectly, out of :
  1. loss of, alteration of, or damage to
or

(ii) a reduction in the functionality, availability or operation of
A computer system, hardware, programme, software, data, information repository, microship, integrated circuit or similar device in computer equipment or non-computer equipment, whether the property of the policyholder of the reinsured or not, do not in and of themselves constitute an event unless arising out of one or more of the folowing perils :

Fire, lighting, explosion, aircraft or vehicle impact, falling object, windstorm, hail, tornado, cyclone, hurricane, earthquake, volcano, tsunami, flood, freeze or weight of snow.
MISDESCRIPTION CLAUSE

It is understood that this insurance shall not be prejudiced by any alteration or misdescription of occupancy provided the Insured shall notify the company immediately they become aware of the same and to pay additional premium if required from the date of the inception of the increased hazard.

MINOR ALTERATIONS AND REPAIRS CLAUSE

Minor alterations, additions and repairs to building plant fixtures and fittings, and machinery ( exclusive of any Sprinkler Installations ) and minor works in progress are allowed and the insurance by this Policy shall not be prejudiced by this.

NON INVALIDATION CLAUSE

This Insurance is not invalidated by any change of occupancy or increase of risk taking place in the insured’s premises without the knowledge of the Insured provided that they shall immediately upon the same coming to their knowledge give notice hereof to the insured and pay any additional premium required.

NOTIFICATION CLAUSE

The present situation, manner of connection, construction, nature and interior of the buildings and also the trade carried on therein, is known to us

PUBLIC AUTHORITIES CLAUSE

The insurance by this Policy extends to include such additional cost of reinstatement of the destroyed or damaged property thereby insured as may be incurred solely by reason of the necessity to comply with building or other regulation under or framed in pursuance of any government act or bye-law of any municipal or local authority provided that :

  1. The amount recoverable under this extension shall not include :
  1. The cost incurred in complying with any of the aforesaid regulations or bye-laws
  1. In respect of destruction or damage occurring prior to the granting of this extension.

I.In respect of destruction or damage not insured by the policy

II.Under which notice has been served upon the insured prior to the happening of the destruction or damage

III.In respect of undamaged property or undamaged portions of property

  1. The additional cost that would have been required to make good the property damaged or destroyed to a condition equal to its condition when new had the necessity to comply with any of the aforesaid regulations or by-laws not arisen
  1. The amount of any rate, tax, duty, development or other charge or assessment, arising out of capital appreciation which may be payable in respect of the property or by the owner thereof by reason of compliance with any of the aforesaid regulations or bye-laws




  1. The work or reinstatement must be commenced and carried out with reasonable dispatch and in any case must be completed within twelve months after the destruction or damage or within such further time as the insurer may (during the said twelve months) in writing allow and may be carried out wholly or partially upon another site (if the aforesaid regulations or bye-laws so necessitate) subject to the liability of the insurer under this extension not being thereby increased

  1. If the liability of the insurer under (any item of) the policy apart from this extension shall be reduced by the application of any of the terms and conditions of the policy then the liability of the insurer under this extension (in respect of any such item) shall be reduced in like proportion.

PROPERTY DAMAGE CLARIFICATION CLAUSE


Property damage covered under this agreement shall mean physical damage to the substance of property.

Physical damage to the substance of property shall not include damage to data or software, in particular any detrimental change in data, software or computer programs that is caused by a deletion, a corruption or a deformation of the original structure.

Consequently the following are excluded from this agreement:

  1. Loss of or damage to data or software, in particular any detrimental change in data, software or computer programs that is caused by a deletion, a corruption or a deformation of the original structure, and any business interruption losses resulting from such loss or damage. Notwithstanding this exclusion, loss of or damage to data or software which is the direct consequence of insured physical damage to the substance of property shall be covered.
  1. Loss or damage resulting from an impairment in the function, availability, range of use or accessibility of data, software or computer programs, and any business interruption losses resulting from such loss or damage.

REMOVAL OF DEBRIS CLAUSE

On the cost and expenses necessarily incurred by the Insured in the removal of debris dismantling or demolishing shoring up or propping of the portion or portions of the property insured by this policy destroyed or damage by fire or by any other peril hereby insured.

The liability of the Company under this clause and the policy in respect of any item shall in no case exceed 10 % of the sum insured.

REINSTATEMENT VALUE CLAUSE

It is hereby declared and agreed that in the event of the property insured being destroyed or damaged the basis upon which the amount payable under ….……………….ITEM I………………… of the Policy is to be calculated shall be the cost of replacing or reinstating on the same site property of the same kind or type but not superior to or more extensive than the insured property when new subject to the following Special Provisions and subject also to the terms and condition of the Policy except insofar as the same mat be varied hereby.

Special Provisions

  1. The work replacement or reinstatement (which may carried out upon another site and in any manner suitable to the requirement of the insured, subject to the liability of the company not being therein increased) must be commenced and carried out with reasonable dispatch and in any case must be completes within 12 months after the destruction or damage or within such further time as the company may (during the said 12 months) in writing allow otherwise no payment beyond the amounts which would have been payable under the policy, if this memorandum had not been incorporated therein, shall be made.
  2. Until expenditure has been incurred by the insured in replacing or reinstating the property destroyed or damages, the company shall not be liable for any payment in excess of the amount which would have been payable under the policy if this memorandum had not been incorporated therein.
  3. If at the time of replacement or reinstatement the sum representing the cost which would have been incurred in replacement or reinstatement if the whole of the property covered had been destroyed, exceeds the sum insured thereon at the breaking out of a by fire or at the commencement of any destruction of or damage to such property by 0any other peril insured against by this policy, then the insured shall be considered as being his own insured for the excess and shall bear a ratable proportion of loss accordingly. Each item of the policy ( if more than one ) to which this memorandum applies shall be separately subject to the foregoing provision.
  4. No payment beyond the amount which would have been payable under the Policy if this memorandum had not been incorporated therein shall be made if at the time of any destruction or damage to any property insured hereunder such property shall be covered by any other insurance effected by on behalf of the insured which is not upon the identical basis of reinstatement set forth herein.
  5. This memorandum shall be without force or effect if :
  1. The insured fails to intimate to the company within 6 months from the date of destruction or damage or such further time as the company may in writing allow his intention to replace or reinstate the property destroyed or damaged.
  2. The insured is unable or unwilling to replace or reinstate the property destroyed or damage on the same or another site.

SELLING PRICE CLAUSE

Its noted and agreed that in respect of goods sold but not yet delivered for which the insured is responsible and with regard to which under the written or printed conditions of sale the sale contract is canceled by reason of the loss or damage indemnified by this policy either wholly or to the extent of the loss or damage, the liability of the purpose of average the value of all goods, to which this clause would in the event of loss or damage be applicable shall be ascertained on the same basis

SERVICE CLAUSE

The insurance by this Policy relating to machinery and equipment extends to include telephone, gas, water and electric instruments, meters, piping, cabling and the like and
accessories thereof including similar property in adjoining yards or roadways or underground all the property of the Insured or of suppliers or others for which the Insured are responsible provided their values are included in the sum insured.

TEMPORARY REMOVAL CLAUSE

It is hereby agreed that the property insured by this policy ( other than any stock in trade or merchandise ) is covered in respect of the perils hereby insured against whilst temporarily removed for cleaning, renovation, repair or other similar purposes elsewhere on the same premises or any other premises in the Republic of Indonesia and in transit thereto and therefrom by road, rail or inland waterway.

Provided always that :
  1. The amount recoverable under this extension in respect of each item of this policy shall not exceed the amount which would have been recoverable had the loss occurred in that part of the premises from which the property is temporarily removed not in respect of any loss occurring elsewhere than at the said premises, 10 percent of the sum insured by this policy after deducting therefrom the value of any building ( exclusive of fixtures and fittings ), stock in trade or merchandise hereby insured.
  1. This extension does not apply to property if and so far as it is otherwise insured.
  1. As regards losses occurring elsewhere than at the premises from which the property is temporarily removed this extension does not apply to :
  1. Motor vehicles and motor chassis licensed for normal road use,
  2. Property held by the insured in trust, other than machinery and plant.
This clause is subject otherwise to all the terms and conditions of the Policy to which
it is attached.

TERRORISM EXCLUSION ENDORSEMENT.

Notwithstanding any provision to the contrary within the insurance or any endorsement thereto it is agreed that this insurance excludes loss, damage , cost or expense of whatsoever nature directly or indirectly caused by, resulting from or in connection with any act of terrorism regardless of any other cause or event contributing concurrently or in
Any other sequence to the loss.

For the purpose of this endorsement an act of terrorism means an act, including but not limited to the use of force or violence and/or the threat thereof of any person or group(s) of persons, whether acting alone or on behalf of or in connection with any organisation(s) or government(s), committed for political, religious, ideological or similar purposes including the intention to influence any government and/or to put the public, or any section of the public, in fear.

This endorsement also excludes loss, damage, cost or expense of whatsoever nature directly or indirectly caused by, resulting from or in connection with any action taken in controlling, preventing, suppressing or in any way relating to any act of terrorism.

If the underwriter allege that by reason of this exclusion, any loss, damage, cost or expense is not covered by this insurance the burden of proving the contrary shall be upon the assured.

In the event any portion of this endorsement is found to be invalid or unenforceable, the remainder shall remain In full force and effect.

VEHICLE LOAD CLAUSE

In the event of the Insured’s Property being left loaded in vehicles or freight contains overnight while in, on or about the premises hereby insured the Insurer will indemnity the Insured for the loss of or damage to such Property caused by fire or any other peril insured

WORKMEN’S CLAUSE

Workmen are allowed in and about any of the described premises for the purpose of making new erections or alterations, repair, decoration, plant, installation, general maintenance and the like without prejudice to the terms and conditions of the Policy.
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