Terms & Conditions
1) INSURER
Chaucer Syndicate 1084 at Lloyds
2) INSURED PERILS
Full All Risks’ – Professionally packed.
All Risks of physical loss or damage subject to the version of the following London Institute Clauses current at the time of commencement of transit:
Institute Cargo Clauses (A), and the War Clauses, Strikes Clauses, Termination of Transit Clause (Terrorism), Classification Clause, Insolvency Exclusion Amendment Clause, Radioactive Contamination, Chemical, Biological, Bio-Chemical, Electromagnetic Weapons Exclusion Clause and Cyber Attack Exclusion Clause.
For the purposes of general average contribution and salvage charges recoverable hereunder, the effects insured shall be deemed to be insured for their full contributory value.
OR
Owner Packed Goods – As above but excluding
Breakage, scratching, denting, chipping, staining and tearing of owner packed effects unless directly caused by fire, stranding, sinking or collision of the vessel or collision or overturn of transporting land conveyance. Also excluding claims for missing items of owner packed cartons or packages unless an itemised valued list of contents of each carton or package is supplied by the owner prior to commencement of transit.
OR
Restricted Conditions
Cover is subject to the Institute Cargo Clauses (B), and the War Clauses, Strikes Clauses, Termination of Transit Clause (Terrorism), Classification Clause, Insolvency Exclusion Amendment Clause, Radioactive Contamination, Chemical, Biological, Bio-Chemical, Electromagnetic Weapons Exclusion Clause and Cyber Attack Exclusion Clause.
3) PROPERTY INSURED
Household Goods and Personal Effects, Antiques, Fine Arts, Automobiles (under 10 years old), Boats, Motorcycles, Campers and Trailers as declared and valued on this and supporting Documents.
4) VALUATION CLAUSE
The household goods and personal effects insured must be valued at the replacement cost at destination as supported by a complete valued inventory.
Alternatively you may indicate a lump sum value but this must not be less than USD 12.50 per lb. times the net weight of the shipment. Recovery is limited to a maximum of USD1,000 per item, set or contents of an individual box. Any item or individual box containing values in excess of USD 1,000 must still be listed and declared on the valued inventory and is in addition to the minimum suggested value of USD 12.50 per lb calculation basis
Antiques and fine art, automobiles, campers, boats, motorcycles and trailers must be valued at their replacement cost at destination taking into account costs of duties, shipping and carriage charges.
5) 100% CO-INSURANCE CLAUSE
If you fail to insure for the full replacement value of goods at destination, you will only be entitled to recover from Underwriters the proportion of the loss as the declared value bears to the total value of the property you shipped.
6) PAIRS & SETS
Where any item is part of a pair or set Underwriters will only pay for the actual items which are lost or damaged. No payment will be made by Underwriters for any items which are part of a pair or of a set and which are not lost or damaged.
7) DEPRECIATION. Underwriter’s liability is restricted to the reasonable cost of repair and no claim is to attach hereto for depreciation consequent thereon. In no case shall liability hereunder for such repairs exceed the sum insured in respect of the damaged article
8) RIGHT TO CANCEL
You have the right to cancel this insurance without penalty at any time PRIOR TO THE COMMENCEMENT OF THE INSURANCE. Once the insurance has commenced, your right to cancel ceases and you will be charged the full premium for the insurance.
9) BASIS OF CLAIMS SETTLEMENT
Underwriters shall be entitled at their option to repair or replace any article lost or damaged (whether wholly or in part) or to pay
cash not exceeding the insured value thereof. Underwriters may require proof of ownership, and/or value of any items claimed
missing.
10) POLICY EXCESS
Policy deductible applicable as stated on Insurance Certificate.
11) PAYMENT OF PREMIUMS
Insurers shall only be liable to settle a claim recoverable under the terms of this insurance provided the Mover (the Agent) confirms that insurance premiums have been received by the Mover (the Agent). In the event that the Mover (the Agent) advises premiums are outstanding, Insurers will settle a valid claim once premiums have been paid.
12) DURATION OF COVER
Other than in respect of the War Clauses contained herein coverage attached from the time the household goods and personal effects and/or automobile and/or other approved items are being professionally packed and picked up at the residence or business location of the insured for the commencement of the transit and continues during the ordinary course of transit, including customary transhipment, if any, until the insured property is professionally delivered to the final destination. Coverage is extended to include transits to and from the premises of Cleaners, Repairers or Restorers where such transit is a direct result of loss or damage otherwise covered by this policy. If the goods are professionally unpacked coverage is extended to cover the period of professional unpacking provided this takes place within 14 days of delivery. Storage coverage for up to 60 days at origin and 60 days at destination is included if in an enclosed warehouse, excluding any self storage facility, without any additional charge. In consideration of an additional premium Underwriters agree to extend storage coverage on a monthly basis provided your request and premium are received before the expiration of the included storage. In respect of the War Clauses, transits shall be covered as specified therein.
13) TIME LIMIT FOR CLAIMS NOTIFICATION
In the event of loss or damage which may give rise to a claim under this Insurance, immediate notice must be given in writing to Underwriters’ representatives. It is a condition precedent to Underwriters liability under this insurance that full details of any losses and/or damages incurred must be notified within 30 days after delivery or 30 days after scheduled delivery in the event of non-delivery. Further it is understood that presentation of claim in its entirety after notice will be in a timely fashion not to exceed 60 days from the time of such notice.
14) OPTIONAL COVERAGE EXTENSIONS
MOULD AND MILDEW RISKS (Excluding Goods in Permanent Storage)
To include loss or damage to the interest insured, howsoever arising, subject to the goods being professionally packed.
Underwriter’s maximum liability shall not exceed 75% of the sum insured for any one consignment.
This limitation shall not apply to claims arising from external water damage.
ELECTRICAL AND MECHANICAL DERANGEMENT (Excluding Automobiles)
To include loss or damage to the interest insured which is caused by electronic and/or electrical and/or mechanical derangement, provided the interest insured does not exceed six years old. Subject to the goods being professionally packed.
PAIR OR SETS CLAUSE
In the event of loss or damage recoverable to any item or items forming part of a pair or set, the indemnity afforded by this policy shall be limited to the reasonable and fair reduction in value of the pair or set by reason of the loss or damage to the affected item or items having regard to the importance of the affected items within the pair or set. All the articles constituting the pair or set shall, at Underwriters’ option, become their property in the event that the Underwriters agree to pay the total loss of the pair or entire set.
MOVING COSTS
In the event of loss or damage resulting in the non-delivery of your entire consignment Underwriters agree to provide full reimbursement of moving charges paid if insured under this policy.
15) CHOICE OF LAW AND JURISDICTION
The parties are free to choose the law and jurisdiction applicable to this insurance contract. Unless specifically agreed to the
contrary, this Insurance shall be subject to US law and the exclusive jurisdiction of New York.
16) SUBROGATION CLAUSE
The Underwriters shall be subrogated to the extent of their payment for losses insured hereunder to all the insured’s rights of recovery against any person or organisation, excepting the freight forwarder or mover who issued this document.
17) OTHER INSURANCE
This insurance does not cover to the extent of any other insurance, whether prior or subsequent hereto in date and by whomsoever effected, directly or indirectly covering the same property and the Underwriters shall be liable for loss or damage only for the excess value beyond the amount due from such other insurance.
18) MISREPRESENTATION
It is your responsibility to take reasonable care note to make misrepresentations to insurers. This requirement includes (but is not limited to) a requirement to disclose to us if you are unable to comply with any term of this document and/or the Valued Inventory. This insurance may be voidable in the event of your deliberate or reckless or careless misrepresentation that, without the misrepresentation, the insurer would not have entered into the contract at all or would have done so only with different terms.
19) PROPERTY COVERED SUBJECT TO SPECIFIED LIMITATIONS
Unless agreed otherwise in writing by us, the following limitations apply:
1) Jewelery and furs unless declared and valued but subject to a limit of USD 3,500 any one transit.
2) Artwork greater than USD 10,000 any one item must be prior approved by WTI.
3) Fragiles & Antiques – Warranted that the maximum value of fragiles &/or antiques does not exceed 15% of the overall consignment value unless specifically agreed with insurers prior to the commencement of transit.
4) Automobiles – Respraying limited of vehicles limited to damaged parts only. Excluding third party liability absolutely
20) EXCLUDED PROPERTY
No cover is provided for the following:
1) Money and securities.
21) EXCLUDED CAUSES
(A) Excluding claims for missing items unless a full valued inventory is completed and signed by the owners of the goods prior to the commencement of transit. Warranted that any item valued above US$1,000 is listed.
(B) Owner Packed Effects: Excluding breakage, scratching, denting, chipping, bruising, bending, marring, staining and tearing of owner packed effects, including trunks, suitcases and the like.
(C) Mechanical & Electrical Derangement – excluding loss or damage due to mechanical, electrical or electronic breakdown &\or derangement unless there is evidence of external damage to the insured item or its packing.
(D) Moth, Vermin, Wear & Tear – excluding loss or damage due to moth, vermin, mildew, mold, rust, discoloration, inherent vice, wear, tear and gradual deterioration.
(E) Climatic Conditions – Excluding loss or damage by climatic or atmospheric conditions or extremes of temperature unless such claim is recoverable under the terms of the Institute Cargo Clauses (C).
(F) No claim to attach hereto for damage to strings, reeds &/or drumheads in respect of musical instruments.
(G) Confiscation – excluding the risks of confiscation & seizure.
(H) Excluding loss of or damage to money, securities, cash, bank notes, cheques, travelers cheques, money orders, postal orders, national saving certificates, premium bonds, stamps, deeds, tickets, passports, manuscripts, lottery tickets or documents of any description, medals, coins, bonds, securities, jewellery, watches, trinkets, personal ornaments, precious stones & metals, furs and any other article of similar description. Also excluding any accompanied luggage or any article used or worn during the course of the transit.
(I) Perishable Goods & Liquids – excluding loss of or damage caused by perishable goods, acids, paints, aerosols, medicines and all liquids.
(J) Excluding any loss or damage due to wrinkling of clothing, curtains, shoes, purses, handbags or similar items.
(K) Missing items not noted as packed at origin on Packing List
(L) Loss of data on CPU’s, Tablets or any other similar device. Liability is limited to the hardware only.
(M) Depreciation arising from inadequate or substandard repairs or restoration of a damaged item.
(N) Loss of or damage to an automobile while being driven under its own power except while on premises of the port or while being driven by an authorized driver who is an employee of the freight forwarder or his agent in direct furtherance of the transit.
(O) Loss or damage caused by scratching, denting or marring of automobiles
(P) Excluding the risks of scratching, denting, chipping, bruising, marring, staining, rust, oxidisation & discolouration unless the forwarder and the owner both agree and sign a “certificate of condition” or similar document issued the freight forwarder stating the condition of the automobile prior to shipment, noting all defects.
(Q) Loss or damage to non-factory installed automobile accessories not specifically declared and valued for insurance.
(R) Loss or damage to goods packed in autos.
(S) Audio Equipment (autos) – excluding theft &/or pilferage of audio equipment, including but not limited to radios, CD players, speakers and similar items unless stolen with the vehicle.
(T) Ensuing or indirect losses resulting from or as a consequence of claims made for loss or damage arising from an insured peril
(U) Other exclusions as detailed in the Addendum Clauses in this policy.
22) CLAIMS PROCEDURE
If your goods become lost or damaged and you wish to make a claim on this insurance please send written notification to:
WK Webster Overseas (212) 269-8220
wti@wkwebsteroverseas.com
Any claimant under this insurance shall at the request and at the expense of the Underwriters do and concur in doing and permit to be done all such acts and things as may be necessary or reasonably required by the Underwriters for the purpose of enforcing any rights and remedies, or of obtaining relief or indemnity from other parties to which the Underwriters shall be or would become entitled or subrogated upon their paying for or making good any loss or damage under this insurance, whether such acts and things shall be or become necessary or required before or after his indemnification by the Underwriters.
23) COMPLAINT PROCEDURE
We are committed to treating our customers fairly at all times.
Should you have any complaint regarding the insurance process or claims handling, it is required to follow our complaints procedures as follows. Failure to escalate according to the complaints procedure shall result in the complaint being passed downward to the correct party and may result in delays in response time.
If you have a complaint about any aspect of your insurance cover provided by WTI you can raise a complaint at the below address:
Worldwide Transit Insurance Brokers Inc
P.O. Box 451865, Los Angeles, CA 90045
(310) 216-6700 Email: complaints@wt-insurance.com
APPLICABLE OVERSEAS REMOVAL CLAUSES
1. INSTITUTE CARGO CLAUSES (A)
2. INSTITUTE CARGO CLAUSES (B)
3. INSTITUTE WAR CLAUSES
4. INSTITUTE STRIKES CLAUSES
5. TERMINATION OF TRANSIT CLAUSE (TERRORISM)
6. INSTITUTE CLASSIFICATION CLAUSE
7. INSOLVENCY EXCLUSION AMENDMENT CLAUSE (J.C.93)
8. RADIOACTIVE CONTAMINATION,CHEMICAL, BIOLOGICAL, BIO-CHEMICAL, ELECTROMAGNETIC WEAPONS EXCLUSION CLAUSE
9. CYBER ATTACK EXCLUSION CLAUSE
10. SANCTION LIMITATION AND EXCLUSION CLAUSE
Total Loss Only
Terms & Conditions
RISKS COVERE
Risks
1.This insurance covers, except as excluded by the provisions of Clauses 4, 5, 6 and 7 below,
1.1 loss of or damage to the subject-matter insured reasonably attributable to
1.1.1 fire or explosion
1.1.2 vessel or craft being stranded grounded sunk or capsized
1.1.3 overturning or derailment of land conveyance
1.1.4 collision or contact of vessel craft or conveyance with any external object other than water
1.1.5 discharge of cargo at a port of distress
1.1.6 earthquake volcanic eruption or lightning,
1.2 loss of or damage to the subject-matter insured caused by
1.2.1 general average sacrifice
1.2.2 jettison or washing overboard
1.2.3 entry of sea lake or river water into vessel craft hold conveyance container or place of storage,
1.3 total loss of any package lost overboard or dropped whilst loading on to, or unloading from, vessel or craft.
General Average
2.This insurance covers general average and salvage charges, adjusted or determined according to the contract ofcarriage and/or the governing law and practice, incurred to avoid or in connection with the avoidance of loss from anycause except those excluded in Clauses 4, 5, 6 and 7 below.
Both to Blame Collision Clause
3.This insurance indemnifies the Assured, in respect of any risk insured herein, against liability incurred under any Bothto Blame Collision Clause in the contract of carriage. In the event of any claim by carriers under the said Clause, theAssured agree to notify the Insurers who shall have the right, at their own cost and expense, to defend the Assuredagainst such claim.
EXCLUSIONS
4.In no case shall this insurance cover
4.1 loss damage or expense attributable to wilful misconduct of the Assured
4.2 ordinary leakage, ordinary loss in weight or volume, or ordinary wear and tear of the subject-matter insured
4.3 loss damage or expense caused by insufficiency or unsuitability of packing or preparation of the subject matter insured to withstand the ordinary incidents of the insured transit where such packing or preparation is carried out by the Assured or their employees or prior to the attachment of this insurance (for the purpose of these Clauses packing shall be deemed to include stowage in a container and employees shall not include independent contractors)
4.4 loss damage or expense caused by inherent vice or nature of the subject matter insured
4.5 loss damage or expense caused by delay, even though the delay be caused by a risk insured against (except expenses payable under Clause 2 above)
4.6 loss damage or expense caused by insolvency or financial default of the owners managers charterers or operators of the vessel where, at the time of loading of the subject-matter insured on board the vessel, the Assured are aware, or in the ordinary course of business should be aware, that such insolvency or financial default could prevent the normal prosecution of the voyage
This exclusion shall not apply where the contract of insurance has been assigned to the party claiming hereunder who has bought or agreed to buy the subject-matter insured in good faith under a binding contract
4.7 deliberate damage to or deliberate destruction of the subject-matter insured or any part thereof by the wrongful act of any person or persons
4.8 loss damage or expense directly or indirectly caused by or arising from the use of any weapon or device employing atomic or nuclear fission and/or fusion or other like reaction or radioactive force or matter.
5
5.1 In no case shall this insurance cover loss damage or expense arising from
5.1.1 unseaworthiness of vessel or craft or unfitness of vessel or craft for the safe carriage of the subject-matter insured, where the Assured are privy to such unseaworthiness or unfitness, at the time the subject-matter insured is loaded therein
5.1.2 unfitness of container or conveyance for the safe carriage of the subject-matter insured, where loading therein or thereon is carried out prior to attachment of this insurance or
by the Assured or their employees and they are privy to such unfitness at the time of loading.
5.2 Exclusion 5.1.1 above shall not apply where the contract of insurance has been assigned to the party claiming hereunder who has bought or agreed to buy the subject-matter insured in good faith under a binding contract.
5.3 The Insurers waive any breach of the implied warranties of seaworthiness of the ship and fitness of the ship to carry the subject-matter insured to destination.
6.In no case shall this insurance cover loss damage or expense caused by
6.1 war civil war revolution rebellion insurrection, or civil strife arising therefrom, or any hostile act by or against a belligerent power
6.2 capture seizure arrest restraint or detainment, and the consequences thereof or any attempt thereat
6.3 derelict mines torpedoes bombs or other derelict weapons of war.
7.In no case shall this insurance cover loss damage or expense
7.1 caused by strikers, locked-out workmen, or persons taking part in labour disturbances, riots or civil commotions
7.2 resulting from strikes, lock-outs, labour disturbances, riots or civil commotions
7.3 caused by any act of terrorism being an act of any person acting on behalf of, or in connection with, any organisation which carries out activities directed towards the overthrowing or influencing, by force or violence, of any government whether or not legally constituted
7.4 caused by any person acting from a political, ideological or religious motive.
DURATION
Transit Clause
8.
8.1 Subject to Clause 11 below, this insurance attaches from the time the subject-matter insured is first moved in the warehouse or at the place of storage (at the place named in the contract of insurance) for the purpose of the immediate loading into or onto the carrying vehicle or other conveyance for the commencement of transit, continues during the ordinary course of transit and terminates either
8.1.1 on completion of unloading from the carrying vehicle or other conveyance in or at the final warehouse or place of storage at the destination named in the contract of insurance,
8.1.2 on completion of unloading from the carrying vehicle or other conveyance in or at any other warehouse or place of storage, whether prior to or at the destination named in the contract of insurance, which the Assured or their employees elect to use either for storage other than in the ordinary course of transit or for allocation or distribution, or
8.1.3 when the Assured or their employees elect to use any carrying vehicle or other conveyance or any container for storage other than in the ordinary course of transit or
8.1.4 on the expiry of 60 days after completion of discharge overside of the subject-matter insured from the oversea vessel at the final port of discharge, whichever shall first occur.
8.2 If, after discharge overside from the oversea vessel at the final port of discharge, but prior to termination of this insurance, the subject-matter insured is to be forwarded to a destination other than that to which it is insured, this insurance, whilst remaining subject to termination as provided in Clauses 8.1.1 to 8.1.4, shall not extend beyond the time the subject-matter insured is first moved for the purpose of the commencement of transit to such other destination.
8.3 This insurance shall remain in force (subject to termination as provided for in Clauses 8.1.1 to 8.1.4 above and to the provisions of Clause 9 below) during delay beyond the control of the Assured, any deviation, forced discharge, reshipment or transhipment and during any variation of the adventure arising from the exercise of a liberty granted to carriers under the contract of carriage.
Termination of Contract of Carriage
9.If owing to circumstances beyond the control of the Assured either the contract of carriage is terminated at a port orplace other than the destination named therein or the transit is otherwise terminated before unloading of the subject-matter insured as provided for in Clause 8 above, then this insurance shall also terminate unless prompt notice is givento the Insurers and continuation of cover is requested when this insurance shall remain in force, subject to an additionalpremium if required by the Insurers, either
9.1 until the subject-matter insured is sold and delivered at such port or place, or, unless otherwise speciallyagreed, until the expiry of 60 days after arrival of the subject-matter insured at such port or place, whichevershall first occur,
or
9.2 if the subject-matter insured is forwarded within the said period of 60 days (or any agreed extension thereof)to the destination named in the contract of insurance or to any other destination, until terminated inaccordance with the provisions of Clause 8 above.
Change of Voyage
10.
10.1 Where, after attachment of this insurance, the destination is changed by the Assured, this must be notified promptly to Insurers for rates and terms to be agreed. Should a loss occur prior to such agreement being obtained cover may be provided but only if cover would have been available at a reasonable commercial market rate on reasonable market terms.
10.2 Where the subject-matter insured commences the transit contemplated by this insurance (in accordance with Clause 8.1), but, without the knowledge of the Assured or their employees the ship sails for another destination, this insurance will nevertheless be deemed to have attached at commencement of such transit.
CLAIMS
Insurable Interest
11.
11.1 In order to recover under this insurance the Assured must have an insurable interest in the subject matter insured at the time of the loss.
11.2 Subject to Clause 11.1 above, the Assured shall be entitled to recover for insured loss occurring during the period covered by this insurance, notwithstanding that the loss occurred before the contract of insurance was concluded, unless the Assured were aware of the loss and the Insurers were not.
Forwarding Charges
12.Where, as a result of the operation of a risk covered by this insurance, the insured transit is terminated at a port orplace other than that to which the subject-matter insured is covered under this insurance, the Insurers will reimbursethe Assured for any extra charges properly and reasonably incurred in unloading storing and forwarding the subject-matter insured to the destination to which it is insured.
This Clause 12, which does not apply to general average or salvage charges, shall be subject to the exclusionscontained in Clauses 4, 5, 6 and 7 above, and shall not include charges arising from the fault negligence insolvency orfinancial default of the Assured or their employees.
Constructive Total Loss
13.No claim for Constructive Total Loss shall be recoverable hereunder unless the subject-matter insured is reasonablyabandoned either on account of its actual total loss appearing to be unavoidable or because the cost of recovering,reconditioning and forwarding the subject-matter insured to the destination to which it is insured would exceed its valueon arrival.
Increased Value
14.
14.1 If any Increased Value insurance is effected by the Assured on the subject-matter insured under this insurance the agreed value of the subject-matter insured shall be deemed to be increased to the total amount insured under this insurance and all Increased Value insurances covering the loss, and liability under this insurance shall be in such proportion as the sum insured under this insurance bears to such total amount insured.
In the event of claim the Assured shall provide the Insurers with evidence of the amounts insured under all other insurances.
14.2 Where this insurance is on Increased Value the following clause shall apply:
The agreed value of the subject-matter insured shall be deemed to be equal to the total amount insured under the primary insurance and all Increased Value insurances covering the loss and effected on the subject-matter insured by the Assured, and liability under this insurance shall be in such proportion as the sum insured under this insurance bears to such total amount insured.
In the event of claim the Assured shall provide the Insurers with evidence of the amounts insured under all other insurances.
BENEFIT OF INSURANCE
15.This insurance
15.1 covers the Assured which includes the person claiming indemnity either as the person by or on whose behalf the contract of insurance was effected or as an assignee,
15.2 shall not extend to or otherwise benefit the carrier or other bailee.
MINIMISING LOSSES
Duty of Assured
16.It is the duty of the Assured and their employees and agents in respect of loss recoverable hereunder
16.1 to take such measures as may be reasonable for the purpose of averting or minimising such loss, and
16.2 to ensure that all rights against carriers, bailees or other third parties are properly preserved and exercised and the Insurers will, in addition to any loss recoverable hereunder, reimburse the Assured for any charges properly and reasonably incurred in pursuance of these duties.
Waiver
17.Measures taken by the Assured or the Insurers with the object of saving, protecting or recovering the subject matterinsured shall not be considered as a waiver or acceptance of abandonment or otherwise prejudice the rights of eitherparty.
AVOIDANCE OF DELAY
18.It is a condition of this insurance that the Assured shall act with reasonable despatch in all circumstances within theircontrol.
LAW AND PRACTICE
19.This insurance is subject to English law and practice.
NOTE:— Where a continuation of cover is requested under Clause 9, or a change of destination is notified under Clause 10, there is an obligation to give prompt notice to the Insurers and the right to such cover is dependent upon compliance with this obligation
