| Íâó×å 2008-04-14 ¡¾Êղء¿ ¡¾ÍƼö¡¿ ¡¾ÆÀÂÛ¡¿ | ©ú ©ú©ú©ú©ú©úWhole Doc. ©ú©ú ©ú ©ú©ú©ú©ú©úI. THE PROPERTY INSURED ©ú©úThe property insured shall refer to all properties and©úexpenses©úspe- cified in the Schedule of this Policy. ©ú©úUnless specifically agreed upon in writing between the Insured and the Company and appraised and value-established by professionals or assessors, the following articles and the expenses©úrelevant©úthereto©úshall©únot©úbe covered under this Policy: ©ú©ú1. gold, silver, pearls, diamonds, precious stones and jades; ©ú©ú2. antiques, articles of virtue,©úancient©úcoins,©úancient©úbooks©úand ancient paintings; ©ú©ú3. works of art or postage stamps; ©ú©ú4. advertisements, aerials, neon, pieces of solar energy apparatus etc. on buildings; ©ú©ú5. computer system records or its making and copying costs. ©ú©úUnder no circumstances shall the following articles©úrelevant©úthereto p4 A% }+ w5 g5 B be covered hereunder: ©ú©ú1. guns, ammunition or explosives; ©ú©ú2. banknotes, securities, bills, documents, files,©úaccount©úbooks©úor drawings; ©ú©ú3. animals, plants and agricultural crops; ©ú©ú4. mobile phones, portable computers, removable©úphotograph©úapparatus or other precious articles; ©ú©ú5. vehicles licensed for general transport use. ©ú ©ú©ú©ú©ú©úII. SCOPE OF COVER ©ú©úThe Company shall indemnify the Insured in©úrespect©úof©úthe©úphysical loss of or damage to the insured property stated in©úthe©úSchedule©úduring the period of insurance directly arising from the following perils: ©ú©ú1. fire; ©ú©ú2. explosion; ©ú©úbut not including explosion of©úa©úboiler©úor©úother©úpressure©úrelief devices; ©ú©ú3. lightning; ©ú©ú4. hurricane, typhoon and tornado; ©ú©ú5. storm, tempest and flood; ©ú©úbut not including loss or damage caused©úby©úchange©úin©únormal©úwater B8 \3 q, Y1 b7 c5 K- \ level or inundation from sea water or water escape©úor©úleakage©úfrom©úthe normal confines of any natural water course, lake or reservoir,©úcanal©úor dam as well as loss of or damage to the insured property caused by©ústorm, tempest or flood while being stored in the open or covered by or©úunder©úa shed thatched with reeds, tarpaulins,©ústraw,©úasphalt©úfelt,©úplastic©úor nylon sheet; ©ú©ú6. hailstorm; ©ú©ú7. landslide, rockslide, avalanche; ©ú©ú8. volcanic explosion; ©ú©ú9. subsidence of ground; ©ú©úbut©únot©úincluding©úloss©úor©údamage©úresulting©úfrom©úpile©údriving, groundwork or excavation; ©ú©ú10. crashing aircraft and parts or articles falling from aircraft©úand other flying objects; ©ú©ú11. bursting of water tank or pipe; ©ú©úbut not including bursting of water tank or pipe due to rust. ©ú ©ú©ú©ú©ú©úIII. EXCLUSIONS ©ú©úThis Company shall not be liable for: ©ú©ú1. loss of or damage to the insured property©úor©úexpenses©úcaused©úby g$ M, \: e e4 S% intentional act or gross negligence of the Insured or his representative; ©ú©ú2. loss of or damage to©úthe©úinsured©úproperty©úcaused©úand©úexpenses incurred by earthquake or tsunami; ©ú©ú3. depreciation, loss of market, loss of use and©úother©úconsequential losses of any description; ©ú©ú4. loss of or damage to the©úinsured©úproperty©úor©úexpenses©úincurred arising©úfrom©úwar,©úwarlike©úoperation,©úhostilities,©úarmed©ú conflicts, terrorism, conspiracy insurrection, coup d'etat, strike, riot,©úand©úcivil commotion; ©ú©ú5. confiscation, requisition, destruction or damage by any©úaction©úor order of any government de jure or de facto or by any public authorities; ©ú©ú6. loss of or damage to insured property directly or indirectly caused or expenses incurred by nuclear fission, nuclear fusion,©únuclear©úweapon, nuclear material, nuclear radiation and radioactive contamination; ©ú©ú7. loss or damage caused and expenses incurred©úby©úpollution©úof©úany o8 e! I; h6 kind©úor©údescription©úwhatsoever©úsuch©úas©úatmosphere,©úland©úand©úwater pollutions but this does not include loss or damage©úcaused©úby©úpollution arising from PERILS specified in Article II the Policy; ©ú©ú8. the deductibles stated in the Schedule to be borne by the Insured; ©ú©ú9. loss or damage arising from any other perils not listed in©úArticle II of this Policy. ©ú ©ú©ú©ú©ú©úIV. TREATMENT OF CLAIM ©ú©ú1. The Company shall at its option, indemnify the Insured©úin©úrespect of loss or damage falling within the Scope©úof©úCover©úof©úthe©úPolicy©úby either: ©ú©ú1.1 paying the amount of the actual value©úof©úthe©úproperty©úlost©úor damaged or; ©ú©ú1.2 paying the necessary cost of repairing or©úrestoring©úthe©údamaged property to its nearest condition immediately preceding the damage or; ©ú©ú1.3 repairing or restoring the damaged property to a condition near to other property of like kind and quality. www.waimaozu.com ©ú©ú2. Indemnity under this Policy shall be based upon©úthe©úsound©úmarket value of the property prevailing at the time of loss. If the sound©úmarket value of the damaged property is©úlower©úthan©úthe©úsum©úinsured©úof©úsuch property, the claim shall be settled on its market©úvalue;©úIf©úthe©úsound market value of the property is in excess of the sum insured, the©úCompany shall only be liable for such proportion of the claim as the©úsum©úinsured of the damaged property bears to its sound market value.©úIf©úthe©úinsured property enumerated in the Schedule is more than one item,©úthe©úprovision of this clause shall apply to each thereof. ©ú©ú3. If a claim for loss of or damage to the insured item is settled©úon a total loss basis, the salvage value of such item shall be deducted©úfrom the indemnity payable by the Company. The©úCompany©úmay,©úat©úits©úoption, decline the abandonment of any damaged property by the Insured. www.waimaozu.com ©ú©ú4. In the event of loss of or damage to©úany©úequipment©úitem©úinsured forming part of a pair or set, the Company shall not be liable in©úrespect of each of such item lost or damaged for more than its proportionate©úpart of the sum insured on the complete pair or set. ©ú©ú5. In the event of any loss occurrence, the Company shall also pay the Insured for the expenses reasonably incurred for taking necessary measures to minimize loss or damage to the least extent, but in no case shall©úsuch expenses referred hereto exceed the sum insured of the insured property. ©ú©ú6. Upon settlement of a claim, an endorsement shall be issued©úby©úthe Company to reduce the sum insured corresponding to the©úproperty©úlost©úor damaged by the amount so settled from the date of©úloss,©úand©úno©úpremium shall be refunded for the amount so reduced. If reinstatement of©úthe©úsum insured is required by the©úInsured©úupon©úsettlement©úof©úthe©úclaim,©úan ~0 X) additional premium for the reinstated amount shall be charged at an agreed rate, and be calculated on pro rata daily basis from the date of©úloss©úto the expiry of the insurance. ©ú©ú7. The time of validity of a claim©úunder©úthis©úinsurance©úshall©únot exceed a period of two year counting from the date of loss. ©ú ©ú©ú©ú©ú©úV. INSURED'S OBLIGATIONS ©ú©úThe following Obligations shall be strictly fulfilled by©úthe©úInsured and his representative: ©ú©ú1. The Insured and his representative,©úwhen©úapplying©úfor©úinsurance shall make true answers or descriptions to the questions in©úthe©úProposal and Questionnaire or to any other questions raised by the Company. ©ú©ú2. The Insured and his representative shall pay to the Company in©údue course the agreed premium in the manner as provided in©úthe©úSchedule©úand Endorsements. ©ú©ú3. During the period of this insurance, the Insured shall at©úhis©úown Íâ@ó@×å expense take©úall©úreasonable©úprecautions,©úincluding©úpaying©úsufficient attention to and putting into practice the reasonable©úrecommendations©úof the Company, prudently selecting the workmen and employees©úand©úcomplying with all statutory regulations and safety operation procedures. ©ú©ú4. In the event of any occurrence which gives or might give rise to©úa claim under this Policy, the Insured or his representative shall: ©ú©ú4.1 notify the Company immediately and within seven (7)©údays©úor©úany further period as may be agreed by©úthe©úCompany©úin©úwriting,©úfurnish©úa written report to indicate the course, probable reason and extent of©úloss or damage; ©ú©ú4.2 take all necessary measures to avoid aggravation of©úthe©úloss©úor damage and minimize it to the least extent; ©ú©ú 4.3©úpreserve©úthe©úspot©úaffected©úand©údefective©úparts©úbefore©úan inspection is carried©úout©úby©úa©úrepresentative©úor©úsurveyor©úfrom©úthe s; j9 Company; ©ú©ú4.4 furnish all such©úinformation©úand©údocumentary©úevidence©úas©úthe Company may require for supporting the claim. ©ú ©ú©ú©ú©ú©úVI. GENERAL CONDITIONS ©ú©ú1. Policy Effect ©ú©úThe due observance and fulfilment of the terms and conditions of©úthis Policy in so far as they relate to anything to be done or complied with by the Insured shall be a condition precedent to any liability of the Company under this Policy. ©ú©ú2. Policy Voidance ©ú©úThis Policy shall be©úvoidable©úin©úthe©úevent©úof©úmisrepresentation, misdescription or non-disclosure made by the Insured or his representative in any material particular in respect of this insurance. ©ú©ú3. Policy Termination ©ú©úUnless its continuance be admitted by the©úCompany©úin©úwriting,©úthis Policy shall be automatically terminated if: ©ú©ú3.1 the insurable interest of the Insured is lost; ©ú©ú3.2 the risk of loss or damage is increased. Íâó×å ©ú©úAfter termination of the Policy, the premium shall be refunded to©úthe Insured calculated on pro rata daily basis for the period from the date of termination to the date of expiry. ©ú©ú4. Policy Cancellation ©ú©úThis Policy may be canceled at any time at the request of the©úInsured in writing or at the option of the Company by giving a fifteen©ú(15)©údays prior notice to the Insured. In the former case the Company shall retain a premium calculated on short term rate basis for the time©úthe©úPolicy©úhas been in force while in the latter case such premium shall be calculated on pro rata daily basis. ©ú©ú5. Forfeit of Benefit ©ú©úIf the claim is in any respect fraudulent, or if any fraudulent©úmeans or devices are used by the Insured or his©úrepresentative©úto©úobtain©úany benefit under this Policy or if any loss or damage is©úoccasioned©úby©úthe intentional act or in the connivance of the Insured or his representative, Íâó×å_WaiMaoZu.COM then in any of these cases, all the rights and©úbenefits©úof©úthe©úInsured under this Policy shall be forfeited, and all©úconsequent©úlosses©úarising therefrom including the amount of claim©úpaid©úby©úthe©úCompany©úshall©úbe indemnified by the Insured. ©ú©ú6. Reasonable Inspection ©ú©úThe representative of the©úCompany©úshall©úat©úany©úsuitable©útime©úbe entitled to attend the site and inspect or examine the risk©úexplosure©úof the property insured. For this purpose, the©úInsured©úshall©úprovide©úfull assistance and all details and information required by the Company as©úmay be©únecessary©úfor©úthe©úassessment©úof©úthe©úrisk.©úThe©úabove©úmentioned inspection or examination©úshall©úin©úno©úcircumstances©úbe©úheld©úas©úany admission to the Insured by the Company. ©ú©ú7. Double Insurance ©ú©úShould any loss, damage, expenses or liability recoverable©úunder©úthe Policy be also covered by any other insurance, the Company shall©úonly©úbe m7 E* u9 ?7 j, Q: p' y Y liable to pay or contribute his proportion of the claim irrespective as to whether the other insurance is arranged by the Insured or©úothers©úon©úhis behalf, or whether any indemnification©úis©úobtainable©úunder©úsuch©úother insurance. ©ú©ú8. Subrogation ©ú©úWhere a third party shall be held responsible for the loss©úor©údamage covered under this Policy, the Insured shall, whether being indemnified by the Company or not, take all necessary measures to enforce or reserve©úthe right of recovery against such third party, and upon being indemnified©úby the Company, subrogate to the Company all the right of recovery,©útransfer all necessary documents to and assist the©úCompany©úin©úpursuing©úrecovery from the responsible party. ©ú©ú9. Dispute ©ú©úAll disputes under this insurance arising between the Insured and©úthe Company shall be settled through©úfriendly©únegotiations.©úWhere©úthe©útwo parties fail to reach an agreement after negotiations, such dispute©úshall Z# Q7 j9 Y& ^4 ^ be submitted©úto©úarbitration©úor©úto©úcourt©úfor©úlegal©úactions.©úUnless otherwise agreed, such arbitration or legal action shall be carried out in the place where the defendant is domiciled. ©ú ©ú©ú©ú©ú©úVII. SPECIAL PROVISIONS ©ú©úThe following provisions shall be applied to all parts of this©úPolicy and shall override the other terms and conditions of this©úPolicy©úif©úany conflict arises. ©ú ©ú©ú©ú©ú©úPROPERTY INSURANCE POLICY ©ú©úPolicy No.: ©ú©úWHEREAS THE INSURED named in the©úSchedule©úhereto©úhas©úmade©úto©úthe ______ Insurance Company (hereinafter©úcalled©ú""the©úCompany"")©úa©úwritten Proposal which together with any other statements made by the insured©úfor the purpose of this Policy is deemed to be©úincorporated©úherein©úand©úhas paid to the Company the premium stated in the Schedule. ©ú©úNOW THIS POLICY OF INSURANCE WITNESSES that subject to the©úterms©úand B8 \3 q, Y1 b7 c5 K- \ conditions contained herein or endorsed hereon the Company shall indemnify the insured for©úthe©úloss©úor©údamage©úsustained©úduring©úthe©úperiod©úof insurance stated©úin©úthe©úSchedule©úin©úthe©úmanner©úand©úto©úthe©úextent hereinafter provided. ©ú©ú©ú©ú©ú©ú©ú©ú©ú©ú By©ú©ú©úthe©ú©ú©ú________©ú©ú©úInsurance©ú©ú©úCompany _________________________ Authorised Signature Date of Issue: Place of Issue: ©ú ©ú©ú©ú©ú©úSCHEDULE Policy No.: 1. Name and Address of the Insured ©ú 1.1 The Insured: ©ú 1.2 Address: 2. Location of the Property Insured: 3. Nature of Trade: 4. Insured Items and Sums Insured: ©ú©úInsured Items©ú©ú©ú©ú©ú©ú©ú©ú©ú©ú Sums Insured ©ú©ú4.1 Property Insured ©ú©ú4.1.1 Building(s) (including decoration): ©ú©ú4.1.2 Machinery and Equipment: ©ú©ú4.1.3 Furniture and Fixture: ©ú©ú(including office equipment and supplies) ©ú©ú4.1.4 Stock: Íâó.×å ©ú©ú4.1.5 Others: ©ú©ú4.2 Additional Expenses: ©ú©ú4.2.1 Removal of Debris fees: ©ú©ú4.2.2 Fire Extinguishing Expenses: ©ú©ú4.2.3 Professional Fees: ©ú©ú4.2.4 Other Expenses: ©ú©úTotal Sum Insured: 5. Deductible (any one accident): 6. Period of Insurance: ___ months. ©ú©úfrom 00:00 of _________ to 24:00 hours of ______ 7. Premium Rate: ©ú©ú©ú Total Premium: 8. Date of Payment: 9. Jurisdiction: ©ú©úThis Policy is governed by law of the People's Republic of China. 10. Special Provisions: ©ú©úPROPERTY INSURANCE POLICY'S SCHEDULE ©ú©ú©ú©ú©ú©ú©ú©ú©ú©ú©ú©ú _________ Insurance Company |