Jumat, 25 Januari 2013

Klausul CPM (Contractor, Plan, and Machinery)

BANKER'S CLAUSE

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

                                PT. BANK SESUATU TBK

 

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 advice from the said Bank that they are no longer interest in the property insured under this policy.



401  COVER FOR INLAND TRANSIT

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 insurance shall be extended to cover loss of damage to the insured items whilst in transit anywhere in Indonesia.

 


700  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 organization (s) or government(s), committed for political, religious, ideological or similar purposes including the intention to the 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 alleges 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 reminder shall remain in full force and effect.

 


701  ELECTRONIC  DATA ENDORSEMENT B

1.      Electronic Data Exclusion

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

a.     This Policy does not insure 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 from useable for communications, 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 incluiding 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 to 'Trojan Horses', 'Worms' and 'time or logic bombs',

b.     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 exclusions, 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


2.      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, then the bacic of valuation shall be the cost of the balnk media plus the costs of copying the ELECTRONIC DATA form back-up or from originals of a previous generation. These cost will not include research and engineering nor any cost of recreating, gathering or assembling such ELECTRONIC DATA. If the media is not repaired, replaced or restored the basis of valution shall be the costs 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.

 

702  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 rising 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 calculation, by any computer system, hardware, programme 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, programme 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 event that contributes concurrently or in any sequence to the loss damage, cost, claim or expense.

 


703  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 of computer programs that is caused by a deletion, a corruption or a deformation of the original structure.

Consequently the following are excluded are from this Agreement:

a.     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.

b.     Loss or damage resulting from 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.

 

704  EXTRA CONTRACTUAL OBLIGATION EXCLUSION CLAUSE

All cover in respect of extra-contractual obligations howsoever arising, such extra-contractual obligations being defined as any award made by court of competent jurisdiction against an insurer or reinsurer, which award is not within the coverage granted by any insurance and/or reinsurance contract made between the parties in dispute, unless such extra-contractual obligation in incurred as a result of the Reinsured's participation in any reinsurance which provides cover for such obligation, it being understood and agreed that such loss result from a contractual liability incurred by the Reinsured

 


706. INFORMATION TECHNOLOGY HAZARD CLARIFICATION CLAUSE (NMA 2912)

Losses arising, directly or indirectly, out of:

(i) loss of, alteration of, or damage to

Or

(ii) a reduction in the functionally, availability or operation of

A computer system, hardware, programme, software, data, information repository, microchip, 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 the following perils:

Fire, lightning, explosion, aircraft or vehicle impact, falling objects, windstorm, hail, tornado, cyclone, hurricane, earthquake, volcano, tsunami, flood, freeze or weight of snow.

 

901  AUTOMATIC ADDITION AND DELETION CLAUSE  Max IDR 1,000,000,000 - per unit and 30 days notification to PT. Asuransi Central Asia

It is hereby declared and agreed that this policy shall automatically extend to cover all equipment supplied by the principal insured but inadvertently omitted from the declaration provided that as soon as the principal insured discover such omission, they shall immediately declare to insurer and pay such additional premium from the date of the commencement of the supply of such equipment.

Any inadvertent omission on those equipment to be deleted from their declarations shall not prejudice the insured's right of recovery of the return premium provided that they shall declare to the insurer on the discovery of such omission.

 

902  AUTOMATIC REINSTATEMENT OF SUM INSURED CLAUSE

In consideration of the insurance not being reduced by the amount of any loss, the Insured shall pay the appropriate extra premium on the amount of the loss from the date thereof to the date of the expiry of the period of Insurance.


 

903  AUTOMATIC REPAIR CLAUSE

It is hereby noted and agreed that in case of claim up to Rp. 70.000.000,- under this policy may be repaired without consent by PT. Asuransi Central Asia, unless claim under Third Party Liability.

 

 

 

904  AVERAGE RELIEF CLAUSE

Each item insured in this memorandum is declared to be separately subject to the following of average namely.

If at the time of reinstatement the sum representing 85 per-cent of the cost which would have been incurred in reinstatement if the whole of the items covered had been destroyed the commencement of any destruction of or damage to such item(s) 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 item(s) and shall bear a ratable proportion of the loss accordingly.

 

912  LOSS NOTIFICATION CLAUSE (15 DAYS)

Notwithstanding anything contained herein to the contrary it is agreed that the insured will not be prejudiced by any inadvertent delays, errors or omissions in notifying the Insurers of any circumstances or events giving rise or likely to give rise to a claim under this policy.

 

914  NOMINATED LOSS ADJUSTERS CLAUSE

It is hereby noted and agreed that in the event of a loss the following Adjuster should be appointed

Nominated Loss Adjusters:

1. PT.Radita Hutama Internusa (RHI) (Mr. Alex Rumagit)

 

931  RECOVERY CHARGES CLAUSE

In the event of the indemnifiable loss or damage occurring as provided in this policy and the equipment so insured becoming accidentally immobilized in any physical situation where it is working, cover under the policy shall extend to include necessary cost of recovery and/or withdrawal of such item(s). These costs are indemnifiable in addition to the Sum Insured as shown in the Schedule of the Insurance Policy.

(limit 2.5% of Sum Insured, Max. Rp. 25.000.000,- for any one unit any one occurrence)

 

CYBER RISK EXCLUSION CLAUSE

This agreement does not apply to, and specially excludes losses of any kind directly or indirectly caused by arising from or consisting of, in whole or in part:

a)     The use or misuse of the internet or similar facility;

b)     Any electronic transmission of data or other information;

c)     Any computer virus or similar problem;

d)     The use or misuse of any internet address, web-site or similar facility;

e)     Any data or other information posted on web-site or similar facility;

f)      Any loss of data or damage to any computer system, including but not limited to hardware or software (unless such loss or damage is caused) by any earthquake, a fire, a flood, or a storm;

g)     The functioning or malfunctioning or the internet or similar facility or of any internet address, web-site or similar facility (unless such loss or damage is caused by an earthquake, a fire, a flood, or a storm); or

h)     Any infringement, whether intentional or unintentional, or any intellectual property rights (including but not limited to trademark, copyright or patent)

 

CANCELLATION  CLAUSE  ( 30 days )

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

 

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 partial 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.

 

 

Act of God Extended Perils Clause

It is noted and agreed that:

a)     This reinsurance covers loss of or damage to the insured equipments arising out of and inconsequence of Flood, Windstorm, Rainstorm, Typhoon, Hurricane, Volcanic Eruption, Earthquake, Tsunami, Landslide, Landslip or subsidence or other geological or meteorological phenomenon.

b)     It is further agreed that any loss of or damage to the Insured property arising during any one period of 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 excesses provided for herein. For the purpose of the foregoing the commencement of any such 72 hours 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 72 hours periods in the event of damage occurring over a more extended period of time.

 

 

WAR AND TERRORISM EXCLUSION ENDORSEMENT ( NMA 2918 )

Notwithstanding any provision to the contrary within this 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 in connection with any of the following regardless of any other cause or event contributing concurrently or in any other sequence to the loss ;

 

1.     war, invasion, acts of foreign enemies, hostilities or warlike operations ( whether war be declared or not ), civil war, rebellion, revolution, insurrection, civil commotion assuming the proportions of or amounting to an uprising, military or usurped power or

 

2.     any act terrorism .

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 organizations (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 ( 1 ) and/or ( 2 ) above.

 

If the Underwriters allege by 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.

 

 

PAYMENT OF  PREMIUM WARRANTY (60 days)

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 60 days or more, within sixty (60) 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 sixty (60) 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 to a minimum 25% the annual premium

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