Jumat, 25 Januari 2013

Klausul Electronic Equipment (EEI)

30 Days Cancellation Notice Clause

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 terminates the insurance, he is obliged to return prorate 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 he current fire Insurance Tariff of Indonesia for the completed period of Insurance.

 

Time Adjustment Clause (72 hours)

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

Average Relief Clause (85%)

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

If at the time of reinstatement the sum representing less than 85% of the cost which would have been incurred in reinstatement if the whole of the property covered by such item had been destroyed the commencement of any destruction of or damage to such property by any  peril hereby insured  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 loss accordingly.

 

Cover for Additional Expenditure for The Restoration of Electronic Data Processed (EDP)

It is hereby and understood that otherwise subject to the terms, exclusion, provision, and conditions contained in the policy or endorsed thereon, all additional repair costs that can be proved to have been incurred as a result of the loss event of and the restoration effected in this connection shall be indemnified, provided there is a maintenance agreement. This cove be applicable for a period of from the date the restoration is completed.

Endorsement 505                                                                                                         Cover For Earthquake, Volcanic Eruption & Tsunami (Endorsement No.505)

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 include the risk of earthquake, volcanic eruption and tsunami up to a limit of 10% of Total Sum Insured any one event.

 

Cover for Full Replacement Value

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 BUILDING 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 :

a.      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.

b.     The insured is unable or unwilling to replace or reinstate the property destroyed or damage on the same or another site.

 

Endorsement 506

Cover for Hurricane, Cyclone and Typhoon

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 include the risk of hurricane, cyclone and typhoon.

Endorsement 503                                                                                                                                        Cover For Theft

Notwithstanding anything contained in this Policy to the contrary, the words "Consequent upon : 

(a) actual forcible and violent entry into or exit from the Premises" where appearing in the Insuring Clause in deemed to be deleted.

Electronic Date Endorsement B (Cyber Exclusion Clause)

1. Electronic Data Exclusion

 

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 there from, regardless of any other cause or event contributing concurrently 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 programs. 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 to "Trojan Horses", 'worms' and 'time or logic bombs'.

 

b.)  However, in the event that a peril listed 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 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 cannot be recreated, gathered or assembled.

Electronic Date 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:

 

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.

 

Jurisdiction Clause: The Republic of Indonesia

It is understood and agreed that the Insurers shall be under no liability in respect of:

 

1.    Compensation for injury, loss or damage in respect of judgment delivered or obtained otherwise than through a court of competent jurisdiction within the Republic of Indonesia.

2.    Cost 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, conditions and limitations of this Policy.

 

Loss Notification Clause (14 days)

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.

 

NMA 2912 Information Technology Hazards Clarification Clause

Losses arising, directly or indirectly, out of:

(i) 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, 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 of 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.

 

 

 

Endorsement 006     

Extra Charges for Over Time, Night Work, Work on Public Holidays and Express Freight or Airfreight

 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.

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 :

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 of loss or damage. Notwithstanding this exclusion, loss of or damage to data or software which is direct consequence of insured physical damage to the substance of property shall be recovered.

 

B. 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 (10% of SI)

In consideration of the payment an additional premium this policy extends to indemnity the Insured in respect of:

The cost of removal of debris, demolition and any temporary repairs necessary (including the Insured's legal liability for the cost of removal of debris, demolition and temporary repairs in regard to adjoining premises, roadways or waterways as well as on the site) consequent upon the destruction of or damage to any property, insured under this Policy, occasioned by fire or any other peril thereby insured against.

 

Provided always:

-         That such cost is not recoverable under any other Policy of insurance;

-         Assumed by the Insured under any agreement entered into after the commencing date of this insurance unless such liability would have attached to the Insured in the absence of such agreement.

 

The liability of the company under this clause shall in no case exceed 10% of the Total Sum Insured.

 

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

 

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.

 

1.    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.

 

2.    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.

 

 

Terrorism Exclusion Endorsement (NMA 2920)

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 ny 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 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 any act of terrorism.

 

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.                                       

 

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