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1982年1月1日协会货物战争险保险条款/郭国汀译
1982年1月1日协会货物战争险保险条款
(Institute War Clauses (Cargo) 1/1/82)
第1条 风险条款（Risks Clause）
1 This insurance covers, except as provided in Clauses 3 and 4 below, loss of or damage to the subject-matter insured caused by
1.1 war civil war revolution rebellion insurrection, or civil strife arising therefrom, or any hostile act by or against a belligerent power
1.2 capture seizure arrest restraint or detainment, arising from risks covered under 1.1 above, and the consequences thereof or any attempt thereat
1.3 derelict mines torpedoes bombs or other derelict weapons of war.
1 本保险承保除下列第3和第4条规定以外者，由下列原因造成的灭失或损害：
1.1 战争、内战、革命、叛乱、暴动或由此引起的内乱或交战团体之间的任何敌对行动
1.2 由上述第1.1款承保的风险引起的捕获、扣押、扣留、管制或拘押，及其后果或任何威胁企图
1.3 被遗弃的水雷、鱼雷、炸弹或其他被遗弃的战争武器。
第2条 共同海损条款(General Average Clause)
2 This insurance covers general average and salvage charge, adjusted, or determined according to the contract of affreightment and/or the governing law and practice, incurred to avoid or in connection with the avoidance of loss from a risk covered under these clause.
2 本保险承保为避免或与避免根据本保险条款承保的风险有关的损失，按照运输合同及/或管辖法律和惯例理算或确定的共同海损和救助费用。
第3条 一般除外条款(General Exclusions Clause)
3 In no case shall this insurance cover
3.1 loss damage or expense attributable to willful misconduct of the Assured
3.2 ordinary leakage, ordinary loss in weight or volume, or ordinary wear and tear of the subject-matter insured
3.3 loss damage or expense caused by insufficiency or unsuitability of packing or preparation of the subject-matter insured (for the purpose of this Clause 3.3 “packing” shall be deemed to include stowage in a container or liftvan but only when such stowage is carried out prior to attachment of this insurance or by the Assured or their servants)
3.4 loss damage or expense caused by inherent vice or nature of the subject-matter insured
3.5 loss damaged or expense proximately caused by delay, even though the delay be caused by a risk insured against (except expenses payable under Clause 2 above)
3.6 loss damage or expense arising from insolvency or financial default of the owners managers charterers or operators of the vessel
3.7 any claim based upon loss of or frustration of the voyage or adventure
3.8 loss damage or expense arising from any hostile use of any weapon of war employing atomic or nuclear fission and/or fusion or other like reaction or radioactive force or matter.
3 本保险决不承保：
3.1 可归因于被保险人的故意渎职行为的损失、损害或费用
3.2 保险标的的通常渗漏，通常重量或体积损失，或通常损耗
3.3 保险标的的包装或准备不足或不当引起的损失、损害或费用（为本第33款之目的，“包装”应视为包括集装箱或托盘内的积载，但仅适用于此种积载是在本保险责任开始前进行或是由被保险人或其雇员进行之时）
3.4 保险标的的固有缺陷或性质造成的损失、损害或费用
3.5 延迟直接造成的损失、损害或费用，即便该延迟是由承保风险引起的（但根据上述第2条支付的费用除外）
3.6 因船舶所有人、管理人、承租人或经营人的破产或财务困境引起的损失、损害或费用
3.7 基于航程或冒险的损失或落空的任何索赔
3.8 因任何敌对性使用原子或核裂变及/或聚变或其他类似反应或放射性力量或物质所制造的战争武器引起的损失、损害和费用。
第4条 不适航和不适运除外条款(Unseaworthiness and Unfitness Exclusion Clause)
4 4.1 In no case shall this insurance cover loss damage or expense arising from
unseaworthiness of vessel or craft,
unfitness of vessel craft conveyance container or liftvan for the safe
carriage of the subject-matter insured,
where the Assured or their servants are privy to such unseaworthiness or
unfitness, at the time the subject-matter insured is loaded therein.
4.2 The Underwriters 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, unless the Assured or their servants are privy to
such unseaworthiness or unfitness.
4.1 本保险决不承保下列原因引起的损失、损害或费用
船舶或驳船不适航
船舶、驳船、运输工具、集装箱或托盘对保险标的的安全运输不合适
在保险标的被装于其上时，如果被保险人或其雇员对此种不适航或不适运有私谋。
4.2 保险人放弃运送保险标的至目的地船舶不得违反船舶适航和适运的默示保证，除非被保险人或其雇员对此种不适航或不适运有私谋。
保险期间(Duration)
第5条 运输条款（Transit Clause）
5 5.1 This insurance
5.1.1 attaches only as the subject-matter insured and as to any part as that part
is loaded on an oversea vessel
and
5.1.2 terminates, subject to 5.2 and 5.3 below, either as the subject-matter
insured and as to any part as that is discharged from an oversea vessel at
the final port or place of discharge,
or
on expiry of 15 days counting from midnight of the day of arrival of the
vessel at the final port or place of discharge,
whichever shall first occur;
nevertheless,
subject to prompt notice to the Underwriters and to an additional
premium, such insurance
5.1.3 reattaches when, without having discharged the subject-matter insured at
the finial port pr place of discharge, the vessel sails therefrom,
and
5.1.4 terminates, subject to 5.2 and 5.3 below, either as the subject-matter
insured and as to any part as that part is thereafter discharged from the
vessel at the final (or substituted) port or place of discharge,
or
on expiry of 15 days counting from midnight of the day of re-arrival of the vessel at the final port or place of discharge or arrival of the vessel at a substituted port or place of discharge, whichever shall first occur.
5.2 If during the insured voyage the oversea vessel arrives at an intermediate
Port or place to discharge the subject-matter insured for on-carriage by oversea vessel or by aircraft, or the goods are discharged from the vessel at a port or place of refuge, then, subject to 5.3 below and to an additional premium if required, this insurance continues until the expiry of 15 days counting from midnight of the day of arrival of the vessel at such port or place, but thereafter reattaches as the subject-matter insured and as to any part as that part is loaded on an on-carrying oversea vessel or aircraft. During the period of 15 days the insurance remains in force after discharge only whilst the subject-matter insured and as to any part as that part is at such port or place. If the goods are on-carried within the said period of 15 days or if the insurance reattaches as provided in this Clause 5.2
5.2.1 where the on-carriage is by oversea vessel this insurance continues subject to the terms of these clauses,
or
5.2.2 where the on-carriage is by aircraft, the current Institute War Clauses
(Air Cargo) (excluding sending by Post) shall be deemed to form part of this insurance and shall apply to the on-carriage by air
5.3 If the voyage in the contract of carriage is terminated at a port or place
other the destination agreed therein, such port or place shall be deemed the final port of discharge and such insurance terminates in accordance with 5.1.2. If the subject-matter insured is subsequently reshipped to the original or other destination, then provided notice is given to the Underwriters before the commencement of such further transit and subject to an additional premium, such insurance reattaches
5.3.1 in the case of the subject-matter insured having been discharged as the
subject-matter insured and as to any part as that part is loaded on the on-
carrying vessel for the voyage;
5.3.2 in the case of the subject-matter not having been discharged, when the
vessel sail from such deemed final port of discharge;
thereafter such insurance terminates in accordance with 5.1.4.
5.4 The insurance against the risks if mines and derelict torpedoes, floating or
Submerged, is extended whilst the subject-matter insured or any part thereof is on craft whilst in transit to or from the oversea vessel, but in no case beyond the expiry of 60 days after discharge from the oversea vessel unless otherwise specially agreed by the Underwriters.
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