Jumat, 25 Januari 2013

Fidelity Guarantee Insurance Clause

AUDITORS' FEES CLAUSE (Limit Rp. 10.000.000,-)

The insurance under item 2 is limited to the reasonable fees payable by the Insured to their Auditors for producing and certifying by any particulars or details contained in the Insured's books of account or other business books or documents or such other proofs information or evidence as any be required by the Company under the terms and conditions on this policy.

Any particulars or details contained in the Insured books other business books or documents which may be required by the Company for the purpose of investigating or verifying any claim hereunder may be produced and certified by the Insured's Auditors and their Certificates shall be prima facie evidence of the particulars or details to which such certificate relates.



It is further agreed that the policy will be accept cover under the terms and conditions of this policy for all  property from the date of covered and will be delete cover from the date of excluded, in each case pro rata premiums will be calculated. The insured undertakes to declare all property covered and excluded by the declaration as soon as practical (30 days)



The insurance  by this policy shall not to the contrary and the insurer undertakes to pay the appropriate extra premium on the amount of the loss from the date thereof to the date of the period of insurance.



Both the insurer and the insured are entitled to terminate this insurance upon 30 (thirty) days notice in writing being given. Such termination should be effected of the registered letter. When the insurer terminated the insurance, he is obliged to return pro-rata premium for the unexpired period of insurance. If it is the Insured who terminated the insurance, premium will be calculated on the short term rate laid down in the current fire Insurance tariff of Indonesia for the completed period of insurance



Notwithstanding anything contained herein to the contrary it is agreed that this insurance will not be prejudiced by any inadvertent delays errors or omission in notifying the company of any circumstances or event giving rise or likely to give rise to a claim under this policy.



In the even of any dispute arising between the Insurer and the Insured in respect of the implementation and/or interpretation of this policy, the dispute shall be settled amicably within 60 (sixty) days since the dispute arises. The dispute arises since the Insured or The insurer has expressed in the writing his disagreement on the subject matter of the dispute. If the dispute could not be settled, the Insurer shall give the option to the Insured to elect either one of the following dispute clauses to settle the dispute and such choice could not be revoked. The Insured must notify his choice to the Insurer by registered letter, telegrams, telex, facsimile, E-mail or by courier


Settlement of Dispute (Arbitration) Clause


It is hereby noted and agreed that the Insured and the Insurer shall settle the dispute through Arbitration Ad Hoc as follows :


1.     The Arbitration Ad Hoc consists of three arbitrators. The Insured and the Insurer each shall appoint on arbitration within 30 (thirty) days from the date of receipt of the written notification, then the two arbitrators shall appoint the third arbitrator within 14 (fourteen) days from the date of appointment of the second arbitrator. The third arbitrator shall as umpire of the Arbitration Ad Hoc.


2.  Should there be any disagreement as to the appointment of arbitrator(s) and/or   the two arbitrators fail to appoint the third arbitrator, then the Insured and or the Insurer could request the Chairman of the court (Ketua Pengadilan Negeri) where the defendant domiciles to appoint  the arbitrator (s) and/or the Umpire.


3.  The arbitrators shall examine the case and make an award within 180 (one hundred and eighty) days from the date of the formation of the Arbitration Ad Hoc. The period of examination of the case could be extended upon the consent of both parties and if it is deemed necessary by the Arbitration Ad Hoc.


4.  The Arbitration award is final, binding and enforceable for both parties, the Insured and the Insurer. Should the Insured and/or the Insurer fail to comply with the arbitration award, then at the request of the other party, the award shall be executed under the order of the Chairman of the court (Ketua Pengadilan Negeri) where the defendant domiciles.


5.  Matters which are not provided and/or not sufficiently provided under this clause shall be subject to the provisions of the act of the Republic Indonesia Nr. 30 dated August 12, 1999 regarding the Arbitration and Alternative Dispute Resolution.


Settlement of Dispute (Court of Law) Clause


It is hereby noted and agreed that the Insured and Insurer shall settle the dispute through Court of Law where the defendant resides.



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