建筑工程一切险(2009版)英文.doc

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CONSTRUCTION ALL RISKS CLAUSES （2009 Version ）

GENERAL PROVISION

Article 1. The Insurance Contract incorporates the Insurance Clauses, Proposal, Policy, Endorsements (if any). Any agreement related to the Insurance Contract shall be in written form.

SECTION I -- MATERIAL DAMAGE

SUBJECT MATTER INSURED

Article 2 The property and costs which are related to the construction contract and situated in the specified worksite, are insured hereby, provided being itemized and listed in the Policy.

Article 3 The following property or costs shall not be insured by this Policy, unless otherwise specifically agreed between the Insurer and the Insured and with sum insured stated in this Policy:

3.1 Construction plants, machinery and equipments;

3.2 The property belonging to the Insured which exists or is formed within or in the vicinity of the worksite before the commencement of the contract works insured;

3.3 The property or any part of it which has been put into commercial use or taken over or actually occupied by the Employer or the property or any part of it for which a certificate of completion has been issued or which has been accepted by the representative of the Employer after the Contractor formally proposes works acceptance before the expiry date of this Policy;

3.4 Debris removal costs, which means necessary and reasonable costs and/or expenses incurred by the Insured to remove and dispose of debris at the worksite for the purpose of repairing the insured property after an event giving rise to identifiable loss or damage under this Section.

Article 4 The following items and articles are not insured by this Policy:

4.1 Documents, books, drawings, technical data, computer software, computer data, and other property of which the value could not be appraised;

4.2 Portable communication devices, portable computer devices, portable photographic camera equipment and other portable devices or equipment;

4.3 Land, seabed, mineral, water, animals, plants, trees and growing crops;

4.4 Vehicles, ships or aircraft licensed for general transport use or covered by other insurance;

4.5 Illegal or dangerous buildings or structures, or illegally occupied property.

SCOPE OF COVER

Article 5 Subject to the terms, exclusions, conditions and provisions contained in the Policy or endorsed thereon, the Insurer shall indemnify the Insured for the physical loss of or damage to the property insured (physical loss or damage being hereinafter termed Damage) during the period of insurance within the specified worksite arising from any Natural Hazard or Accident other than those specifically excluded in this Policy.

Article 6 Subject to the terms, exclusions, conditions and provisions contained in the Policy or endorsed thereon, the Insurer shall also indemnify the Insured for the following costs and/or expenses incurred in consequence of the Damage caused by event insured by this Policy as stated in Article 5 during the period of insurance:

6.1 costs and/or expenses necessarily and reasonably incurred by the Insured for preventing or mitigating the Damage of subject matter insured after an event insured hereby;

6.2 other related costs and/or expenses specified in this Policy in respect of the above-mentioned loss or damage.

EXCLUSIONS

Article 7 The Insurer shall not be liable for:

7.1 loss of or damage to property insured and/or any part thereof or any costs and/or expenses resulting from faulty design;

7.2 loss of or damage to property insured itself and/or any costs and/or expenses resulting from wear and tear, inherent or latent defect, change in substance, spontaneous combustion, natural heating, oxidation, rust and corrosion, leakage, mice, insects or vermin, change in atmosphere (climatic or temperature) conditions, change in normal water level or any other progressively operating cause;

7.3 loss of or damage to the property insured itself due to defective material or bad workmanship and expenses incurred to replace, repair or rectify such fault, defect, error, or omission;

7.4 loss of or damage to the mechanical or electrical devices insured themselves unless due to external forces; loss of or damage to the construction plants machinery and equipments or mechanical devices themselves due to breakdown or derangement thereof.

Article 8 The Insurer shall not be liable for:

8.1 costs and/or expenses incurred for normal maintenance or overhaul;

8.2 loss of or damage to files, documents, account books, bills, cash, securities, drawings, data and packing materials;

8.3 shortage discovered at the time of taking an inventory;

8.4 loss of or damage to vehicles, ships or aircraft licensed for general transport use or having been covered by any other insurance;

8.5 unless otherwise agreed, loss of or damage to the property belonging to the Insured which exists or is formed within or in the vicinity of the worksite before the commencement of the contract works;

8.6 unless otherwise agreed, loss of or damage to the property insured or any part thereof for which a certificate of completion has been issued or which have been tested and accepted or actually occupied or put into service or taken over by the Employer before the expiry date of this Policy.

SUM INSURED AND DEDUCTIBLE

Article 9
9.1 The sum insured of this Policy shall not be less than:

9.1.1 For contract works -- the full value exposed at the completion of the contract works including costs and/ expenses of materials, equipments, construction and erection, freight and premium, customs duty, any other taxes and expenses, including any free issue material and equipments which are to be incorporated therein.

9.1.2 For other Items Insured -- the sums agreed upon between the Insured and the Insurer.

9.2 If the sum insured is based on the estimated value stated in the construction contract, the Applicant and/or Insured shall:

9.2.1 notify the Insurer in writing as soon as practical if the contract value including all costs and expenses under this Policy exceeds the original insured contract value due to rise in price or appreciation, and the Insurer shall then adjust the sum insured accordingly;

9.2.2 keep a precise record in writing on the particulars of the contract works concerned during the period of insurance and allow the Insurer to inspect and examine such record at any reasonable time;

9.2.3 declare to the Insurer the actual amount spent in the contract works by the time of declaration as well as updated estimate contract value at an interval of every twelve (12) months from the inception date of this Policy, if the construction period of the insured project is longer than thirty-six (36) months, the Insurer shall adjust the premium accordingly;

9.2.4 provide the Insurer with the actual final contract value within three (3) months after the expiry date of the Policy, and the premium shall be adjusted accordingly.

Article 10 The deductible shall be agreed upon between the Applicant and the Insurer when entering into the insurance contract and be specified in this Policy.

LOSS SETTLEMENT

Article 11 The Insurer may, at his own option, indemnify the insured in respect of loss of or damage to the property insured either by way of payment in cash or by way of repair or replacement of the items lost or damaged. Nevertheless the extra costs and/or expenses of any alterations, additions or improvements occurring in the course of repair or replacement carried out by the Insured shall not be recoverable under this Policy.

Article 12 In case of any loss or damage recoverable under this Policy, the Insurer shall ascertain the loss amount on the following basis:

12.1 In cases where damage which can be repaired, the Insurer shall indemnify the costs incurred necessarily to repair or to restore the damaged property to its nearest condition immediately before the occurrence of loss or damage after deducting the salvage value specified in Article 46. If, however, the costs of repair equal or exceed the actual value of the damaged property immediately before the occurrence of loss or damage, the settlement shall be made on the basis provided for in Article 12.2;

12.2 In the event of a total or constructive total loss, the Insurer shall pay the actual value of the insured property immediately before the occurrence of the loss or damage, after deducting the salvage value as reached in Article 46.

Article 13 For the loss of or damage to the insured property recoverable under this Policy, the amount of indemnity shall be ascertained on the following basis:

13.1 If the sum insured is equivalent to or higher than the amount required to be insured , the amount of indemnity shall be the actual loss sustained but in no case shall the maximum liability of the Insurer exceed the amount required to be insured.

13.2 If the sum insured is less than the amount required to be insured, the amount of indemnity shall be such a proportion of the actual loss as the sum insured bears to the amount required to be insured, but in no case shall the maximum liability of the Insurer exceed the sum insured.

Article 14 The amount of indemnity for any one accident is the amount as reached in Article 13 after deduction of the deductible for any one accident, or the amount as reached in Article 13 after deduction of the amount multiplying the deductible ratio. ［标的损失计算按照保险财产损失前的实际价值扣除残值后的金额赔偿；

Any loss of or damage to the property insured arising during any one period of seventy-two (72) consecutive hours, caused by storm, typhoon flood or other continuous occurrence of natural hazards shall be deemed as a single event and constitute one loss occurrence, deducting the deductible (ratio) for one time in the settlement of any claim. The commencement of any such seventy-two (72) hour period can be decided at the discretion of the Insured. However, there shall be no overlapping in any two or more such seventy-two (72) hour periods in the event of damage occurring over several continuous seventy-two (72) hour periods.

Article 15 If the property insured specified in this Policy has more than one item, the Insurer shall calculate the amount of indemnity item by item and the liability of the Insurer in respect of each item shall not exceed its insured amount specified in this Policy nor the limit of indemnity as specified in the Special Provisions or Endorsements where applicable. But in no case shall the maximum liability of the Insurer in respect of material damage under this section exceed the total sum insured specified in this Policy.

Article 16 If the sum insured is equivalent to or greater than the amount required to be insured, the Insurer shall pay the Insured in respect of the necessary and reasonable costs and/or expenses incurred for the purpose of preventing or diminishing imminent damage to property insured caused by peril insured against by this Policy, in which case, the amount of such sue and labor expenses shall be calculated separately from the amount of indemnity for the Damage of the property insured, subject to the limit of the amount required to be insured of the rescued property.

If the sum insured is less than the amount required to be insured, the payment of the aforementioned sue and labor expenses shall be such proportion of the actual expenses as the sum insured of the rescued property insured bears to its amount required to be insured, and calculated separately from the amount of indemnity for the Damage of the property insured, subject to the limit of the sum insured of the rescued property insured.

In the case that uninsured items are included in the rescued property, the Insurer shall only pay for the proportion of the sue and labor expenses as the amount required to be insured for the rescued property insured bears to the total value of the rescued property.

Article 17 In the event of a partial loss, upon settlement of the claim by the Insurer, the sum insured of this Policy shall be correspondingly reduced from the date of Damage, and no premium shall be refunded by the Insurer for so reduced. If reinstatement of the sum insured is required by the Applicant upon settlement of the claim, an additional premium for the reinstated amount shall be charged on pro rata daily basis from the date of requirement by the Applicant to the expiry date of this Policy.

SECTION II -- THIRD PARTY LIABILITY

SCOPE OF COVER

Article 18 Subject to the terms, exclusions, conditions and provisions contained in the Policy or endorsed thereon, the Insurer shall indemnify the Insured in respect of any sums which the Insured shall become legally liable to pay as damages as a result of

18.1 accidental death of or bodily injury to or illness of third parties, or

18.2 accidental loss of or damage to property belonging to third parties

caused by an accident occurring in direct connection with the performance of the contract works insured and happening on or in the immediate vicinity of the worksite during the period of insurance.

Article 19 Subject to the terms, exclusions, conditions and provisions contained in the Policy or endorsed thereon, the Insurer shall also indemnify the Insured in respect of arbitration or litigation costs or other necessary and reasonable costs (hereinafter called Legal Cost), which are payable by the Insured legally or by arbitration arising from an event insured by this Policy subject to prior written consent of the Insurer.

EXCLUSIONS

Article 20 The Insurer shall not be liable for:

20.1 any loss of or damage to any property, land or building caused by vibration or by removal or weakening of support, and bodily injury to any person or material damage to property occasio