Covers, Features & Benefits

Exceptions & Limitations

Legal Liability

Legal liability for loss or damage to customers’ goods for which you are responsible in accordance with the conditions of contract, carriage or trading specified in the policy schedule. If your conditions of contract, carriage or trading are set aside by an unappealable order of the court we will indemnify you at common law up to a limit any one occurrence of £500,000

Loss or damage to Containers not your property – limit £50,000

Financial loss arising solely from:

a)       Physical loss or damage to customers’ goods

b)       Delay

c)       Accidental mis-delivery. You must contract to carry goods on terms that either exclude financial loss or limit financial loss to the carriage charge for the goods

Limit £250,000 any one occurrence

d)       Legal costs incurred with our consent in defending any claim made against you under the policy – unlimited indemnity

Special Condition – Theft Attractive Goods

The maximum liability arising from theft or attempted theft or attempted theft of theft attractive goods when carried by You is limited to a maximum amount of £50,000 or any lesser amount specified in The Schedule.

Theft Attractive Goods defined as:

·         Wines &/or spirits including but not limited to champagne

·         Cigars, cigarettes and tobacco excluding raw leaf tobacco

·         Non-ferrous metals in raw scrap bar or ingot or similar form

·         Furs and ready made garments

·         Mobile phones &/or similar &/or associated goods

·         Precious stones &/or metals or articles made of or containing precious stones or metals

·         Audio visual equipment

·         Computer equipment, software and accessories

·         Photographic equipment, software and accessories

This shall not attach when such goods are carried by you

a)       unwittingly in sealed containers

or

       b) unwittingly as part of a groupage load

1)       The first part of any claim (your excess).

2)       Loss or damage caused by depreciation or deterioration or variation in temperature unless caused by an accident to the vehicle

3)       Mechanical or electrical derangement of the goods unless caused by external means

4)       Loss or damage caused by

·   Defective or inadequate packing, insulation or labelling

·   Shortage in weight

·   Abandonment of the goods

·   Vermin, wear, tear or gradual deterioration

·   Contamination

5)       Loss or damage to living creatures, bullion, cash, bank notes, stamps, prepaid phone cards, bonds, treasury notes, securities or explosives, fine arts, specie and negotiable instruments

6)       Your liability under Articles 21, 24 or 26 of the CMR Convention

7)       Loss or damage to household or industrial goods during removal

8)       Loss arising from confiscation, expropriation, requisition, embargo, nationalisation, destruction or damage by any Government or Government Agency, or inadequate or inaccurate documentation

9)       Late delivery or delay when a delivery time and/or date is contractually agreed by you

10)   Loss, damage or expenses directly or indirectly caused by

·   Radioactive contamination

·   Any chemical or biological weapons

11)   Loss or damage caused by pressure waves

12)                a. War

                        b. Terrorism

Extensions to Cover – Only applicable if specified in the Schedule

1)       Temperature Controlled Goods

Loss or damage to temperature controlled goods caused by any variation in temperature

2)       Errors and Omissions Committed by You

Any claim made against you during the period of insurance for breach of duty by reason of negligent acts, errors or omissions arising out of incorrect instructions, faulty arrangements or clerical errors committed by principals and/or directors and/or clerical and/or office staff or their predecessors in conduct of any business conducted by you.

Limit of indemnity £250,000 any one occurrence and in full in any one period of insurance.

1)       Temperature Controlled Goods

a)       You must instruct employees in the operation of refrigeration equipment

b)       Obtain written notification from

                       (i)   Consignors of the temperature                                           goods are to be carried at and

                      (ii)    Consignees before unloading of                                    the temperature on delivery               

c)       Refrigeration to be serviced in accordance with manufacturers recommendations

d)       You keep the refrigeration log book up to date

e)       You ensure refrigeration machinery is operational prior to loading and set at the correct temperature

2)       Errors and Omissions

a)       Default, fraudulent criminal or malicious act or omission by you or your predecessors

b)       Any liability as principal for the charter of any vessel or aircraft

c)       Your insolvency/bankruptcy and/or cessation of trading

d)       Your inability to pay or collect amounts

e)       Your failure to comply with instructions to effect insurance

f)        Claims made by HM. Government for duty or V.A.T.

g)       Consequential financial loss other than contractually incurred in accordance with the conditions of contract, carriage or trading specified in the policy schedule

Additional Benefits

1)       Fishface Goods

a)       Loss or damage to your own sheets and ropes – unlimited indemnity

b)       Loss or damage to your property in connection with your business

Limit £10,000 any one occurrence

2)       Debris removal

Reasonable costs and expenses incurred in debris removal and transhipment of goods

3)       Temporary Storage

Goods temporarily stored in the course of transit

4)       Carriage by Subcontractors

Goods in the custody or control of your sub-contractors

5)       Substitution of vehicles

Where vehicles individually specified in the Schedule temporary substitution of specified vehicles for maintenance, repair or testing

6)       Unwitting CMR

Unwitting UK CMR liability up to a limit any one occurrence of £250,000

7)       Trailer Curtains

Loss or damage to trailer curtains up to a limit of £200 any one occurrence and £500 any one period of insurance.

1)       b. Own Goods

Your own motor vehicles, trailers or containers

.

3)       Temporary Storage

Storage undertaken for a fee or subject to a contract for storage and distribution.

4)       Carriage by sub-contractors

You must ensure that all sub-contractors maintain insurance on the same basis as provided for in your policy

5)       Substitution of Vehicles

For permanent substitution of a specified vehicle, we must be advised in writing within 21 days of substitution

6)       Trailer Curtains

Loss or damage to trailer curtains must be accompanies by loss or damage to the goods