Jumat, 25 Januari 2013

Klausul Contractor All Risk

ENDORSEMENT 001           

Cover for Loss or Damage Due to Strike, Riot and Civil Commotion (SRCC)

 It is agreed and understood that otherwise subject to the terms, exclusions, provisions, and conditions contained in the Policy or endorsed thereon and subject to the Insured having paid the agreed extra premium, this Policy shall be extended to cover loss or damage due to riot, strike and civil commotion which for the purpose of this Endorsement shall mean (subject always to the Special Conditions hereinafter contained) loss of or damage to the property insured directly caused by

1.    the act of any person taking part together with others in any disturbances of the public peace (whether in connection with a strike or lock-out or not ) not being an occurrence mentioned in condition 2 of the Special Conditions hereof

2.    the action of any lawfully constituted authority in suppressing or attempting to suppressing any such disturbance or in minimizing the consequences of any such disturbances,

3.    the willful act of any striker or locked-out worker done in furtherance of a strike or in resistance to a lock-out,

4.    the action of any lawfully constituted authority in preventing or attempting to prevent any such act or in minimizing the consequences of any such act.

 

Provided that it is hereby further expressly agreed and declared  that

 

1.    all the terms, exclusions, provisions and conditions of the Policy shall apply in all respects to the insurance granted by this extension save insofar as the same are expressly varied by the following Special Conditions and any reference to loss or damage in the wording of the policy shall be deemed to include the perils hereby insured against,

2.    the following Special Conditions shall apply in all respects to the insurance granted by the Policy as if this Endorsement had not been made thereon.

 

Special Conditions

1.    This insurance does not cover

 

a.    loss or damage resulting from total or fartial cessation of work or retarding or interruption or cessation of any process or operation,

b.    loss or damage occasioned by permanent or temporary dispossession resulting from confiscation, commandeering or requisition by any lawfully constituted authority,

c.    loss or damage occasioned by permanent or temporary dispossession of any building resulting from the unlawful occupation by any person of such building.

 

Provided nevertheless that the Insurers are not relieved under b or c above of any liability to the Insured in respect of physical damage to the property insured occurring before dispossession or during temporary dispossession.

 

2.    This insurance does not cover any loss or damage occasioned by or through or in consequences, directly or indirectly, of any of the following occurrences, namely

 

a.    war, invasion, act of foreign enemy, hostilities or warlike operations (whether war be declared or not) civil war,

b.    mutiny, civil commotion assuming the proportion of or amounting to a popular rising, military rising, insurrection, rebellion, revolution, military or usurped power,

c.    any act of any person acting on behalf of or in connection with any organization with activities directed toward the overthrow by force of the government de jure or de  facto or to the influencing of it by terrorism or violence.

In any action, suit or other proceeding, where the insurers allege that by reason of the provision of this condition any loss or damage is not covered by this insurance, the burden of proving that such loss or damage is covered shall be upon the insured.

 

3.    This insurance may at any time be terminated by the insurers on notice to that effect being given by the registered post to the insurer's last know address, in which case the insurers shall be liable to repay a rateable proportion of the premium for the unexplored term from the date of cancellations.

 


ENDORSEMENT 002                   

Cover for Cross Liability

 

It is agreed and understood that otherwise subject to the terms, exclusion, provision an conditions contained in the policy or endorsed thereon and subject to the insured having paid the agreed extra premium, the third party liability cover of the policy shall apply to the policy to the insured parties named and the schedule as if separate policy had been issued to party, provided that the insurers shall that indemnify the insured under the endorsement in respect of liability fore

 

·         Loss of or damage to items insured  or insurable insured  under section I of the policy, even if not recoverable due to  an excess or any limit,

·         Fatal or no-fatal injury or illness of employees or workmen's who are or could have been insured under workmen's compensation and/or employers' liability insurance

 

The insurers' total liability in respect of the insured parties shall not however exceed in the aggregate for any one accident or series of accident arising out of one event the limit of indemnity stated in the schedule.

    

ENDORSEMENT 003                               

Maintenance Visit Cover

 

It is agreed and understood that otherwise subject to the terms, Exclusion, Provisions and conditions contained in the policy or endorsed thereon and subject to the insured having paid the agreed extra premium, this insured shall be extended for the maintenance period specified hereunder to cover solely loss or of damage to the contract work caused by the insured contractor(s) in the course of the operations the maintenance provision of the contract.

 

Endorsement 004                          

Extended Maintenance Cover

 

·         It is agreed and understood that otherwise subject to the terms, excluded, provisions and conditions contained in the policy or endorsed thereon and subject to the insured having paid the agreed extra premium, this insurance shall be extended for the maintenance period specified hereunder to cover loss of or damage to the contract works

 

·         Caused by the insured contract(s) in the course of the operations carried out for the purpose of the complying with the obligations under the maintenance provisions of the contract,

·         Occurring during the maintenance period provided such loss or damage was caused on the site during the construction period before the certificate of completion for the lost or damage section was issued.

 

Endorsement 005             

Special Conditions Concerning the Construction and/or Erection Time Schedule

 

It is agreed and understood that otherwise subject to the terms, exclusions, provisions and conditions contained in the policy or endorsed thereon, the following shall apply to this insurance :

The construction and/or erection time schedule together with any other statements made in writing by the insured for the purpose of obtaining cover under the policy as well as technical information forwarded to the insurer's is deemed to be incorporated herein.

The insurers shall not indemnity the insured in respect of loss or damage caused by or arising out of or aggravated by deviations from the construction and/or erection time schedule exceeding the number of weeks stated below unless the insurers had agreed in writing to such a deviation before the loss occurred.

  

ENDORSEMENT 006       

Cover Extra Charge for Overtime, Night Work, Work on Public Holidays, Express Freight

 

It is agreed and understood that otherwise subject to terms, exclusions, provisions and conditions contained in the Policy or endorsed thereon and subject to the Insured having paid the agreed extra premium, this insurance shall be extended to cover extra charges for overtime, night work, work on public holidays and express freight (excluding airfreight)

 

Provided always that such extra charges shall be incurred connection with any loss of or damage to the insured items recoverable under the Policy.

 

If the sum(s) insured of the damaged item(s) is (are) less then the amount(s) required to be insured, the amount payable under this Endorsement for such extra charges shall be reduced in the same proportion (limit Rp. 200.000.000,00 Deductible Rp. 2.500.000,00 a.o.a)

 

ENDORSEMENT 007

Cover of Extra Charge for Airfreight

 

It is agreed and understood that otherwise subject to the terms, exclusion, provision and conditions contained in the policy or endorsed thereon and subject to the insured having paid the agreed extra premium, this insurance shall be extended to cover extra charges for airfreight.

 

Provided always that such extra charges shall be incurred in connection with any loss of or damage to the insured items recoverable under the policy.

 

Provided further that the maximum amount payable under this endorsement in respect of airfreight shall not exceed the amount stated below during the period of insurance.

 

ENDORSEMENT 008

Warranty Concerning Structure in Earthquake Zones

 

It is agreed and understood that otherwise subject to the terms, exclusions, provisions and conditions contained in the policy or endorsed thereon, the insurers shall only indemnity the insured for the loss, damage or liability arising out of earthquake risk was taken into account in design according to the official building codes valid for the site and that the qualities of material and  workmanship and the dimensions on which the calculations were based were adhered to.

 


ENDORSEMENT 009

Exclusion of Loss, Damage or Liability Due to Earthquake

 

It is agreed and understood that otherwise subject to the terms, exclusions, provisions and conditions contained in the policy and endorsed thereon, the insurers shall not indemnity the insured for loss, damage or liability directly or indirectly caused or by resulting from earthquake.

 

ENDORSEMENT 010

Exclusion of loss , Damage or Liability Due to Flood and Inundation

 

It is and understood that otherwise subject to the terms, exclusions, provisions and conditions contained in the policy or endorsed thereon, the insurers shall not indemnity the insured of loss, damage or liability directly or indirectly caused by or resulting from flood and inundation.

 

ENDORSEMENT 100

Cover for Testing of Machinery and Installations

 

It is agreed and understood that otherwise subject to the terms, exclusions, provisions, and conditions contained in the policy or endorsed thereon, the period of cover shall be extended to include a test operation or a test loading but not beyond four weeks from the date of commencement of the test.

If ,however, a part of a plant or one or several machine

 

ENDORSEMENT 102

Special Conditions Concerning Underground Cables, Pipes and Other Facilities

 


It is agreed and understood that otherwise subject to the terms, exclusions, provisions and conditions contained in the Policy or endorsed thereon, the Insurers shall only indemnify the Insured in respect of loss of or damage to existing underground cables and/or pipes or other underground facilities if, prior to the commencement of works, the Insured has inquired with the relevant authorities about the exact position of such cables, pipes or other underground facilities and takes all necessary steps to avoid damage to same.

 

Claims in respect of loss of or damage to such underground facilities which are in the same position as shown on the underground maps (drawings indicating the position of the underground facilities) shall be payable after applying a deductible of 20% of the loss amount or the deductible stated under a below, whichever is the greater.

 

Claims in respect of loss or damage to underground facilities incorrectly shown on the underground map shall be payable after applying the deductible stated under below.

 

The indemnity shall in any case be restricted to the repair costs of such cables, pipes or other underground facilities, any consequential damage and penalties being excluded from the cover.

 

ENDORSEMENT 107

Warranty Concerning Camp and Stores

 

It is agreed and understood that otherwise subject to the terms, exclusion, provisions and conditions contained in the policy or endorsed thereon, the insurers shall only indemnify the insured for loss, damage or liability directly caused to camps and stores by fire, flood or inundation if these camps and stores are located above the highest water level recorded anywhere on the site during the last 20 years and the individual storage units are either at least 50 m apart or separated by fire walls.

 

It is also agreed that the insurers shall indemnify the insured or any one occurrence only up to a limit of indemnify of for camps, for each individual storage unit.

                                               

ENDORSEMENT 110

Special Conditions Concerning Safety Measures with Respect to Precipitation, flood and Inundation

 

It is agreed and understood that otherwise subject to the terms, exclusions, provisions and conditions contained in the policy or endorsed thereon, the Insurers shall only indemnify the Insured for loss, damage or liability caused directly or indirectly by precipitation, flood and inundation if adequate safety measures have been taken in designing and executing the project involved.

 

Adequate safety measures shall mean that allowance is made for precipitation, flood and inundation up to a return period of 10 years for the location insured and the entire policy period on the basis of the statistics prepared by the meteorological agencies.

 

Loss, damage or liability resulting from the Insured's not immediately removing obstructions (e.g. sand, trees) from watercourses, whether carrying water or not, in order to maintain free waterflow shall not be indemnifiable.

 

ENDORSEMENT 111

Special Conditions Concerning Removal of Debris form Landslide

 

It is agreed and understood that otherwise subject to the term, exclusion, provisions and conditions contained in the policy or endorsed thereon, the insurers shall not indemnity the insured in respect of

 

·         Expenses incurred for the removal of debris from landslide in excess of the costs of excavating the original material from the area affected by such landslide,

·         Expense incurred for the repair of eroded slopes or other graded areas if the insured has failed to take the measurers required or to tale them in time.

 

ENDORSEMENT 112

Special Conditions Concerning Fire-Fighting Facilities

It is agreed and understood that otherwise subject to the terms, exclusions, provisions and conditions contained in the Policy or endorsed thereon, the insurers shall only indemnify the Insured for loss or damage resulting directly or indirectly from fire and/or explosion if the following requirements are fulfilled :

 

1.    Adequate fire-fighting equipment and extinguishing agents of sufficient capacity shall always be available at the site and ready for immediate use.

2.    A sufficient number of workmen shall be fully trained in the use of such equipment and shall be available for immediate intervention at all times.

3.    If storage of material for the construction or erection of the contract work is necessary, storage shall be subdivided into storage units not exceeding the value stated below per storage unit. The individual storage units shall either be at least 50 m apart or separated by fire-proof walls. All inflammable material (such as shuttering material not fitted for concreting, litter, etc) and especially all inflammable liquids and gases shall be stored at a sufficiently large distance from the property under construction or erection and any hot work.

4.    Welding, soldering or the use of an open flame in the vicinity of combustible material is only permitted if at least one workmen suitably equipped with extinguishers and well trained in fire-fighting is present.

5.    At the beginning of testing all fire-fighting facilities designed for the operation of the plant shall be installed and serviceable.

ENDORSEMENT 113

Inland Transit Clause

 

It is agreed and understood that, otherwise subject to the terms, exclusions, provisions, and Conditions contained in the Policy or endorsed thereon and subject to the Insured having paid the agreed extra premium, Section I this insurance shall be extended to the cover loss or damaged to the property insured whilst in transit to the contract site Provided that the maximum amount payable under this endorsement does not exceed (Limit  Rp. 150.000.000,00 a.o.a, Deductible Rp. 2.500.000,00 a.o.a)

 

 

 

 


ENDORSEMENT 115                               

Cover for Designer's Risk

                                                          

It is agreed and understood that otherwise subject to the terms, exclusions, provisions and conditions contained in the policy or endorsed thereon and subject to the Insured having paid the agreed extra premium, exclusion c under Special Exclusion d replaced by the following wording :

"  The cost of replacement, repair or rectification of loss of or damage to items to due to defective material and/or workmanship and/or faulty design, but this exclusion shall be limited to the items immediately affected and shall not be deemed to exclude loss of or damage to correctly executed items resulting from an accident due to such defective material and/or workmanship and/or faulty design."

 

ENDORSEMENT 116

Cover For Insured Contract Works Taken Over or Put into Service

 

It is agreed and understood that otherwise subject to the terms, exclusions, provisions and conditions contained in the policy or endorsed thereon and subject to the insured having paid the agreed extra premium, the insurance shall be extended to cover.

 

- loss of or damage to part of insured contracts work taken over or put into service if such loss or damage emanates from the construction of the items insured under section I and happens during the period of cover .

 

ENDORSENMENT 203

Exclusion Concerning Used Machinery

 

It is agreed and understood that otherwise subject to the terms, exclusion, provisions and conditions contained in the policy or endorsed thereon the insured shall not indemnity the insured for loss of or damage to the insured used items

 

- attributable to previous operation

- attributable to dismantling (if dismantling is not covered)

- in respect of any non-metallic parts.

 

PAYMENT OF PREMIUM WARRANTY

 

1.     Notwithstanding the provisions of Article 257 of The Commercial Code                 ( Kitab Undang-Undang Hukum Dagang ) and notwithstanding anything herein contained to the contrary, and subject only and without prejudice to clause 2 hereinafter set out, it is hereby declared and agreed that it is a condition precedent to liability under this Policy, any Renewal Certificate, Endorsement or Cover Note that any premium due must be paid and actually received in full by the company :

 

a.      When the period of insurance is 45 days or more, within forty five ( 45 ) days from the inception date of coverage under the Policy, Renewal Certificate, Endorsement or Cover Note.

 

b.     When the period of insurance is LESS than forty five ( 45 ) days, within the period of Insurance specified in the Policy, Endorsement, Renewal Certificate or Cover Note.

 

2.     In the even any of the above mentioned premium is not paid in full to and received by the Company, as described above in the manner and within the time stipulated above (the "premium warranty period"), the cover under this Policy, any Renewal Certificate, Endorsement or Cover Note shall be deemed to have terminated from the expiry of the premium warranty period and the company shall be discharged from all liability there from but without prejudice to any liability incurred before that date and the company will be entitled to a prorata time on risk premium subject minimum Rp. 50.000,-

 

 

ENDORSEMENT 534

WARRANTY CONCERNING AIR-CONDITIONING PLANT

 

It is agreed and understood that otherwise subject to the terms, exclusion, provision and conditions contained in the policy or endorsed thereon, the insurers shall not indemnify the insured in respect of any loss or damage in regard to electronic equipment, data media and increased cost of working due to the fallure of the air conditioning plant, if this air-conditioning plants is not covered against material damage and has not been equipped, installed or maintenance in accordance with the recommendations of the manufacturers of the electronic equipment and air-conditioning plant.

 

This means that the insured air-conditioning plant

 

-          and the alarm and switch-off devices are maintenance by qualified personnel of the manufacturer or supplier at least every six months;

-          is equipped with independent sensors to monitor temperature and humidity, to detect smoke and release visual and acoustical alarms;

-          is kept under supervision by trained personnel who are able to take all loss prevention measures necessary in the event of an alarm;

-          is provided with an automatic emergency switch-off device complying with the requirements stipulated by the manufacturers or the electronic equipment.

 

 

 

 

 

ENDORSEMENT 535

EXCLUSION OF COST OF SCAFFOLDING AND LADDERS

 

It is agreed and understood that otherwise subject to the terms, exclusions, provisions and conditions contained in the policy or endorsed thereon, the insurers shall not indemnify the insured in respect of any cost of scaffolding and ladders required in connection with the repair and/or replacement of any of the insured items.

 

 

ENDORSEMENT 536

EXCLUSION OF COST OF MASORRY WORK

 

It is agreed and understood that otherwise subject to the terms, exclusions, provisions and conditions contained in the policy or endorsed thereto, the insurers shall not indemnify the insured in respect of any cost of masonry, plastering, painting, earth, civil engineering or similar work required in connection with the repair and/or replacement of any of the items insured

 

ENDORSEMENT 591

WARRANTY FOR MAINTENANCE CONTRACT

 

It is agreed and understood that otherwise subject to the terms, exclusion, provisions and conditions contained in the policy or endorsed thereon, a maintenance contract has to be in force during the period of the policy.

 

Maintenance as used in this endorsement is understood to mean the following :

 

-          safety checks

-          preventive maintenance

-          rectification of loss or damage or faults arising normal operation as well as from ageing, eg by repair or replacing of modules, sections, assemblies and components

 

according to the policy conditions, costs of such maintenance work are not insurable.

 

INSURED CONSULTANT CLAUSE

 

It is agreed that the insured's consultant and other professional advisers shall be deemed To be third parties.

 

ENDORSEMENT 120

Vibration and weakening of support

 

It is agreed and understood that otherwise subject of the terms, exclusions, provisions and conditions contained in the policy or endorsed thereon and subject to the insured having paid the agreed extra premium, section II of this insurance shall be extended to cover liability consequent upon loss or damage cause by vibration or by the removal or weakening of support. Provided always that :

·         Insurers will indemnify the insured in respect of liability for loss or damage to any property or land or building only if such loss or damage result in the total or partial collapse.

·         Insurers will indemnify the insured the respect of liability for loss or damage to any property or land or building only if prior to the commencement of construction its condition is sound and /or  the necessary loss prevention measurers have been taken.

·         The insured if the required shall before commencement of construction and at their own expense prepare a report on the condition of any endangered property or land or building.

 

The insurers will not indemnify the insured in the respect of liability for  :

·         Loss or damage which is foreseeable having regard to the nature of the construction work or the manner of its execution.

·         Superficial damage which neither impairs the stability of the property, land or buildings not endanger  its users.

·         The cost of loss prevention or minimization measurers which become necessary during the period of insurance.

 

ENDORSEMENT 121

Special Conditions concerning pilling Foundation and Retaining Wall Works

 

It is agreed and  understood that otherwise  subject to the terms, exclusions, provisions and conditions contained in the policy or endorsed thereon, the insurers shall not indemnify the insured in respect of expenses incurred

 

1.    for replacing or rectifying piles or retaining wall elements

a.    Which have become misplaced or misaligned or jammed during their construction ;

b.    Which are lost or abandoned or damage during driving or extraction ; or

c.    Which have become obstructed by jammed or damage pilling equipment or casings;

2.    for rectifying disconnected or declutched sheet piles ;

3.    for rectifying any leakage or infiltration of material of any kind ;

4.    for filling voids or for replacing lost bentonite ;

5.    as a result of any piles or foundation elements having failed to pass a load bearing test or otherwise not having reached their designed load bearing capacity ;

6.    for reinstating profiles or dimensions.

 

This endorsed shall not apply to loss or damage caused by natural hazards. The burden of proving that such loss or damage is covered shall be upon the insured.

 

APPROVED ADJUSTERS CLAUSE

 

It is hereby declared and agreed that in the event of any loss covered by this policy, the amount of such loss shall  be adjusted subject to the term and conditions of the policy by any of the following firms of adjusters which will be appointed by the principal :

 

1.    Toplis and Harding Singapore

2.    Crawford Singapore

 

ENDORSEMENT 105

Cover for existing structure and/or surrounding property

 

It is agreed and understood that otherwise subject to the terms, exclusions, provisions, and conditions contained in the policy or endorse thereon and subject to the insured having paid the agreed extra premium, the cover under section I shall be extended according to the following provision to cover sudden and unforeseen physical loss or damage to the structure state below caused by or arising out of the construction or erection of the items insured under section I, e.q due to vibration, weakening or removal of support, lowering of ground water, under pinning, tunneling or other operations in involving supporting element or the subsoil.

 

Loss or damage to the structure stated below shall only be covered if prior to the commencement of the work their condition is found to be satisfactory and/or the necessary safety measurer have been taken. The insured shall produce together with the insurers a report stating the condition of the structure before the beginning of the work of the work.

 

The following shall be excluded :

 

1.    Loss or damage attributable to error to omissions in the designing of the work ;

2.    Loss or damage consisting in cracks that impair neither the stability of the structure nor the safety of its users.

 

Should further safety measurers become necessary during construction, the expenses incurred for such measurers shall not be indemnifiable under the policy.

    

 

 

 

50/50 CLAUSE

 

It is agreed that in the event of loss or damage to the property insured due to a perils insured agains being discovered afte the risk has terminated under this insured and if after proper investigation, it is not possible to ascertain whetrer the cause of such damage happened prior to the termination of the marine venture or subsequently, it is understood and agreed the this company shall contribute 50% of the property adjusted claim, such contribution to be without prejudice to subsequent final apportionment of the claim as may be agreed between this company and the E.A.R insurers in the light of the term and conditions of the respective Policies.

 

SEVENTY TWO (72) HOUR CLAUSE

 

It is agreed that any loss or damage to the Insured Property arising during any one period of seventy two (72) consecutive hours, caused by storm tempest flood or earthquake shall be deemed as a single event and therefore to constitute one occurrence with regard to the Excesses provided for herein. For the purposes of the foregoing the commencement of any such seventy two (72) hour period shall be decided at the discretion of the Insured it being understood and agreed, however, that there shall be no overlapping in any two or more such seventy two (72) hour periods in the event of damage occuring over a more extended period of time.

 

ARCHITECS, SURVEYORS AND CONSULTING ENGINEERS EXPENCES

 

It is hereby and agreed as follows

 

(a)   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.

 

(b)  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.

 

BANKER'S CLAUSE

 

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

BANGKOK BANK PCL

Jakarta Branch, Jl. MH. Thamrin no. 3, Jakarta 10110

(po. Box. 4165, Jakarta 11041)

For Machinery Tower Crane (Comedil 602) With sum Insured Rp. 2.100.000.000,-

 

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.

 

EXPEDITING EXPENSES CLAUSE

(Limit Rp. 25.000.000,00 to Rp. 250.000.000,00)

 

The insurance by this policy is extended to cover any extra cost incurred in respect of express delivery airfreight, overtime Sunday and holiday rates of wages in connection with repairs or replacements indemnifiable by this policy. The liability of the insurers under this Endorsement shall in no case exceed ten percent of the amount which the repair or replacement would have cost if these expenses had not been incurred. Subject otherwise to the terms exceptions and conditions of this policy.

 

JURISDICTION CLAUSE

 

It is hereby declared and agreed that the indemnity provided by this policy shall not apply to  

a.    Compensation for damage in respect of judgement not in the first instance delivered by or obtained from a court of competent jurisdiction within the republic of Indonesia.

b.    Costs and expenses of litigation recovered by any claimant from the insured which are not incurred in and recoverable in the republic of Indonesia.

Subject otherwise to the terms and conditions of the policy.

 

LOSS NOTIFICATION CLAUSE

 

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 events giving rise or likely to give rise a claim under this policy.

NOMINATED LOSS ADJUSTER CLAUSE

 

In case of Claim, it is hereby noted and agreed that the Loss Adjuster to be appointed        

·         PT. Rhisa Inservina

·         PT. Satria Dharma Pusaka

·         PT. Bhakti Hutama Wiradaya

PLAN AND DOCUMENT CLAUSE (Limit Rp. 5.000.000,00)

 

It is agreed and understood that otherwise subject to the terms, exclutions, provision and conditions contained in the policy or endorsed thereon this insurance shall be extended to cover the insured against the necessarily incurred costs of rewriting or re-drawing of plans and drawing or other contract document lost, destroyed or damage as a result of a peril insured.

 

Such indemnification shall however be limited to :

 

a).        The cost of labor and printing cost expended in such re-writing or re-drawing including all     necessary overtime working or research.

b).  a maximum amount as stated in the schedule in respect of any single occurrence or series of occurrence arising out of any one research.

 

PROFESSIONAL FEE CLAUSE

 

The Insurance under this policy includes an amount in respect of Architects' Surveyors' and Consulting Engineers' Fees necessarily incurred in the reinstatement of the property Insured consequent upon its loss destruction or damage but not for preparing any claim, it being understood that the amount payable for such fees shall not exceed 10% of the sum Insured.

 

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.

 

ESCALATION CLAUSE

 

In consideration of the payment of an additional premium amounting to 50% of the premium produced by applying the specified percentage to the first or the annual premium as appropriate on the item(s) as specified in Schedule A the sum(s) insured thereby shall, during the period of insurance, be increased each day by an amount representing 1/365 th of the specified percentage increased per annum.

 

Unless specifically agreed to the contrary the provision of this clause shall only apply to the sums insured in force at the commencement of each period of insurance.

 

At each renewal date the Insured shall notify the Insurers :

I.          the sums to be insured under each item above, but in the absence of such instructions the sums insured by the above items shall be those stated on the Policy (as amended by any endorsements effective prior to the aforesaid renewal date) to which shall be added the increases which have occured under this clause during the period of insurance up to that renewal date, and

 

II.       the specified percentage is increase(s) required for the fortcoming period of insurance, but in absence of instructions to the contrary prior to renewal date the existing percentage increase shall apply for the period of insurance from renewal.

 

All the conditions of the Policy except insofar as they may be hereby expressly varied shall apply as if they had been incorporated herein.

EXTENSION FOR MATERIALS AND EQUIPMENT FOR STORAGE OFF-SITE

 

It is understood and agreed that policy extend to indemnity the insured against loss or damage to materials and equipment and any other goods or objects intended for incorporation into the work, whilst such materials goods or abject are stored off site ( unless more specifically insured) other than when they are actually being worked upon. Provided always that insurers liability under this extension shall not exceed Rp 100.000.000,- / per any one location per anyone accident.       

 

GEOGRAPHICAL LIMIT CLAUSE

(Transit within the republic of Indonesia)

 

It is hereby declared and agreed that the geographical limit of policy is anywhere in and between republic of Indonesian.

 

JURISDICTION CLAUSE

 

It is hereby declared and agreed that the indemnity provided by this policy shall not apply to  

c.    Compensation for damage in respect of judgement not in the first instance delivered by or obtained from a court of competent jurisdiction within the republic of Indonesia.

d.    Costs and expenses of litigation recovered by any claimant from the insured which are not incurred in and recoverable in the republic of Indonesia.

      Subject otherwise to the terms and conditions of the policy. 

NON-NEGLIAGENCE CLAUSE

 

It is hereby declared and agreed that the cove afforded under section II of this policy extended to include any expenses liability loss claim or proceeding which the principal may incurred or sustain by reasons of damage to any property other that the work caused by collapse subsidence vibration, weakening of removal of support or lowering of ground water arising out of or in the course of or by the reason of the currying out of the work exempting damage.

 

·         Cause by the negligence omission or default of the contractor his servants or agents.

·         Attributable to errors or omission in the designing of  the works.

·         Which can reasonable be foreseen to be inevitable having regards to the nature of the works to be executed to be manner of its execution.

·         Which is responsibility of the principal under the provisions of the contract.

·         Which is recoverable under any other policy of insurance effected for the benefit of the contractor or principal.

 

Provided that :

 

·         The liability of the insurer under this extension in respect of all or any occurrence shall not exceed SGD.500,000.00 subject to no third party property is located within 25 M from the site where pilling, excavation, wet works are conducted.

 

SPECIAL CONDITION CONCERNING WET WORK

 

It is agreed and understood that otherwise subject to terms and exclusions, provisions, and conditions contained in the policy or endorsed thereon, the insured shall not indemnify the insured against any loss and/or any damage and/or any cost incurred

·     For dredging, redredging or loss or damage resulting therefrom

·     For the loss of fill from any cause whatsoever

·     Due to uneven settleament, heaving and/or circular sliding of soll,

·     For normal action of the/river and/or tidal action,

·     For mobilization and/or demobilization of barges and/or sea vessels.

 

WAIVER OF SUBROGATION CLAUSE

 

The Insured may prior to the occurrence of a loss without prejudice to this insurance, release any person, corporation or others from liability for loss or damages caused by act or neglect of themselves or their agents or representatives; and it is agreed by the underwriters that all right of subrogation is waived under this policy if it is claimed that loss was occasioned or caused by the act or neglect of any corporation or corporations whose capital stock is owned or controlled by the Insured at the time of loss, or of any corporation, firm or association, parent or subsidiary to, or affiliated with the Insured, or any of its affiliated proprietaey or subsidiary corporation, firms or associations.

The terms "affiliated" shall include, but not be limited to, substantial financial interest or direct or indirect control or management, or a company in which some of the officers or directors are the same as officers or directors of the insured.

 

FIRE EXTINGUISHING COST CLAUSE

(Limit RP 10.000.000,00)

 

The insured by this Policy extends to cover loss or damage to the extinguishing appliance caused by the Insurer perils.

This extension is deemed to include the cost reasonably incurres of refilling the fire extinguishing appliance providing always that such cost is incurred as a direct result of the use of the fire extinguishing appliances for the extinguisment of fire endangering the safety of the insured property. The Company will not be liable for the first US$ 100.00 for each and every loss in respect of the costs of refills.

 

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.

 

CURRENCY CLAUSE

 

It is hereby understood and agreed that in case a claimable loss hereunder, if any, is denominated in currency other than the currency stated in the policy Schedule, then the conversion rate shall be the middle rate for bank notes published by the Bank Indonesia on the date of agreement between the Insurer and Insured as to the amount of loss.

 

CLAIM PREPARATION COSTS CLAUSE

 

This Insurance extends to include all costs reasonably incurred in producing and certifying any particulars or details required by the Company under the terms and conditions of this policy, provided that the total amount recoverable under any or all of the items of the Policy shall not exceed the sum insured thereby, and that such costs shall not exceed – 10% of the costs of the repair or replacement of the items damaged.

 

CLAIM PAYMENT CLAUSE / PAYMENT OF LOSS

 

All adjusted claims shall be due and payable on later than 30 days after presentation and acceptance of proofs of loss by this Company or its appointed representative.

 

 

 

 

 

CLAIM SETTLEMENT CLAUSE

 

It is hereby noted and agreed that valid claim (if any) under this policy shall be settled by Insurers as soon as practicable but no later than 3 (three) months after a written notification of such loss including supporting documents have been received by the Insurers

 

PRORATA/ADDITIONAL PREMIUM CLAUSE

 

In case of extension of the insurance period the insured will have to pay additional premium based on prorata basis.

 

ELECTRONIC DATE  RECOGNITION CLAUSE E.D.R.C (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 :

 

a.)   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

 

b.)   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.

 

ENDORSEMENT 200

Cover of Manufacturer's Risk

 

It is agreed and understood that otherwise subject to the terms, exclusions, provisions and conditions contained in the policy or endorsed thereon and subject to the insured having paid the agree extra premium, lit c under "special exclusions to section I" shall be replaced by the following wording :

 

"c all costs related to repair and/or items directly effected by faulty design, defective material or casting , bad workmanship other than faults in erection, which the insured would have incurred for rectifying the original fault had such fault been discovered before the loss occurrence".

 

This endorsement does, however, not apply to parts and items of civil engineering sections.  

 

ARCHITECS, SURVEYORS AND CONSULTING ENGINEERS EXPENCES

(Limit Rp. 200.000.000,-)

 

It is hereby and agreed as follows

 

(c)   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.

 

(d)  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.

 

PRIOR TO USE CLAUSE

 

In the event the insured property is taken over by the principal and used or occupied, coverage under section I of this policy shall continue until the certificate of completion of the works as a whole or until the expiry date of the construction period as stated in the schedule whichever is the sooner.

 

PREMIUM ADJUSTEMENT

 

It is agreed that the premium under this policy is deemed provisional and is subject to adjustment, it is further agreed that within 30 days after expiry of this insurance the insured shall undertake to declare the actual completed value of the project to the company for premium adjustment calculate at the premium rate as stated in the schedule of the policy on the actual complete value. If the resultant premium be greater the provisional premium the insured shall pay the deference. If it be lees the deference shall be repaid to the insured but such repayment shall not exceed 75% of the provisional premium.

 

CLAIM SETTLEMENT CLAUSE

 

Insurers shall under this section, subject to the terms and conditions of the policy, indemnify the insured on the basis of the full cost of repairing, or replacing property loss or damage event tough such costs may every from the original construction costs.


NON-NEGLIAGENCE COVER RIBA

 

It is hereby declared and agreed that the cove afforded under section II of this policy extended to include any expenses liability loss claim or proceeding which the principal may incurred or sustain by reasons of damage to any property other that the work caused by collapse subsidence vibration, weakening of removal of support or lowering of ground water arising out of or in the course of or by the reason of the currying out of the work exempting damage.

 

·         Cause by the negligence omission or default of the contractor his servants or agents.

·         Attributable to errors or omission in the designing of  the works.

·         Which can reasonable be foreseen to be inevitable having regards to the nature of the works to be executed to be manner of its execution.

·         Which is responsibility of the principal under the provisions of the contract.

·         Which is recoverable under any other policy of insurance effected for the benefit of the contractor or principal.

 

Provided that :

 

·         The liability of the insurer under this extension in respect of all or any occurrence shall not exceed Limit Rp. 500.000.000,- subject to no third party property is located within 25 M from the site where pilling, excavation, wet works are conducted.

 

OFFSITE STORAGE AND FABRICATION CLAUSE

 

It is understood and agreed that this policy extend to indemnity the insured against loss or damage to materials and equipment's and any other goods or objects intended for incorporation into the work, whilst such materials goods or objects are storage off-site (unless more specifically insured) other than when they are actually being worked upon. Provided always that the insurers liability under this extension shall not exceed Rp. 100.000.000,00 and included in Sum Insured.

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