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Section C: Risks Covered
The member’s loss in respect of delay to the entered ship caused by:
3.1 - Onshore Events
Strike, lockout, revolution, rebellion, insurrection, riot, civil commotion, political protest, action by environmental objectors or religious zealots.
War, civil war or any hostile act by or against a belligerent power, weapons of war used during the course of hostilities and any act of piracy.
Fire, explosion or mechanical breakdown on land.
Storm, tempest, flood, sandstorm, snow, ice, fog or lightning insofar as it disrupts the shoreside supply chain provided always that the entered ship has not been delayed by a cause in respect of which cover would have been excluded under rules 3.8 or 3.9.
Earthquake, volcanic eruption, avalanche, heave, landslide or subsidence.
Aircraft impact or accident, or delay to or misdirection of air cargo.
Accidental loss of or damage to any vehicle, vessel or aircraft carrying or transhipping cargo or spare parts to or from the entered ship.
Partial or total closure of any port, berth, sea-lane or navigable waterway, or of any airport or airspace, or of any road or railway, as a result of an order made lawfully by an authority of competent jurisdiction, after the time of the order to proceed. Exclusion to rule 3.8 There shall be no recovery for: (1) closure of any port, berth, sea-lane or navigable waterway caused by or arising out of swell, wind, rain, ice or fog unless the closure was directly caused by a named storm; (2) delay arising out of any congestion, including any occupation of any berth by any other vessel or floating object, dredging, maintenance or normal tidal feature of any port, berth, sea-lane or navigable waterway.
Physical obstruction, high or low levels of water in any port, berth, sea-lane or navigable waterway for any abnormal reason, unforeseeable at the time of the order to proceed. Exclusion to rule 3.9 There shall be no recovery for: (1) delay caused by or arising out of swell, wind, rain, ice or fog unless the delay was directly caused by a named storm; 7 (2) delay arising out of any congestion, including any occupation of any berth by any other vessel or floating object, dredging, maintenance or normal tidal feature of any port, berth, sea-lane or navigable waterway.
Closure of any border for political purposes or the imposition of any import or export controls, embargo or prohibition.
Physical or electronic damage caused by strikers, locked-out workmen, vandals, terrorists, saboteurs or other malicious persons.
Expropriation, confiscation or seizure of a cargo loaded, partially loaded or discharged, or intended to be loaded on board the ship.
Use or operation (or threat thereof), as a means of inflicting harm, of any computer, computer system, computer software program, malicious code, computer virus or process or any other electronic system.
3.21 - Shipboard Related Events
Strike of crew and officers on board the ship.
Accidental collision, stranding or grounding of the ship or striking any fixed or floating object by the entered ship.
Damage to the vessel caused by stevedores, heavy weather, fire or explosion onshore, violent theft, jettison, barratry, contact with aircraft, earthquake, volcanic eruption and lightning.
Illness, injury or death on board or directly caused by the ship.
Actual or alleged presence of contraband on board the entered ship, which neither the member nor the master, officers and crew could reasonably be expected to have prevented, but only to the extent the member shall have both complied fully with all relevant legislation and regulations and co-operated fully and at all times with the relevant anti-trafficking agencies of all countries between which the ship trades.
Actual or alleged pollution emanating from the ship.
Desertion from such a ship of any or all of her officers and/or crew.
Any action by an authority of competent jurisdiction against the ship or her officers or crew in respect of: (1) a crime or an alleged crime committed on board such ship; or (2) any incident or occurrence as specified in rule 3.22 to 3.28 involving any other ship in the same beneficial ownership or management.
Stowaways on board, rescuing refugees or saving of life at sea by the ship.
Imposition of a state of quarantine upon such ship by a lawful order from an authority of competent jurisdiction.
Fire or explosion on board the ship; or breakdown of onboard machinery excluding: (1) breakdown resulting from ordinary wear and tear or lack of due diligence on the part of the member; (2) damage to propeller(s), rudder(s), associated steering and propulsion components and other equipment routinely below the waterline if the ship uses berth where it is normal for ships to take the ground; (3) deterioration of coatings and painted surfaces as a result of poor preparation or improper application.
Removal and replacement of bunkers (including the necessary and consequential cleaning of onboard machinery, tanks, pipelines and/ or other similar affected areas) because they are not in accordance with the specifications agreed in the charter party or in the orders to the bunker supplier, provided that such removal and replacement is to avoid or minimise physical damage to onboard machinery. Exclusion to rule 3.32 No claim shall be allowed under this rule unless the continuous drip method of sampling procedure and retention of samples as set out in Annex VI of MARPOL has been complied with and one sample sent immediately to a bunker sample analysis laboratory approved by the managers. If the continuous drip method is not used, confirmation shall be obtained from a sample analysis laboratory that no issues of inadequate quality of bunkers involving the nominated bunker supplier have occurred within the prior three months and that the member has SMS procedures for the ship regarding a hierarchy of approvals for loading bunkers when the continuous drip method is not used. There shall be no cover where delay: (1) arises from bunkers not complying with regulations regarding sulphur content; or (2) arises from commingling or inadequate segregation of bunkers; or (3) is in respect of LNG bunkers. 9 No claim shall be allowed: (1) unless the failure to meet specification is notified to the managers within 60 days of the loading of the bunkers; or (2) if the specifications agreed in the charter party or in the orders to the bunker supplier are of a lower standard than ISO 8217:2005. The bunker sample analysis laboratories approved by the managers are FoBAS, VPS, VeriFuel and nkcS, Maritec, Viswa Lab, Intertek Shipcare and Parker Kittiwake.
Piracy and/or kidnap and ransom and/or abduction of persons on board the ship, including during revolution, rebellion, insurrection, riot, civil commotion, political protest, or action of environmental objectors or religious zealots.
War, civil war or any hostile act by or against a belligerent power, weapons of war used during the course of hostilities; or capture, seizure, arrest, restraint or detainment during the course of hostilities, and the consequences thereof or any attempt thereat but excluding such actions or confiscation, requisition (for title or use), pre-emption or expropriation by or under the order of the government or any public local authority of the country in which the ship is owned or registered and excluding the operation of ordinary judicial process, failure to provide security or to pay any fine penalty or any financial cause.
Any use or operation (or threat thereof), as a means of inflicting harm, of any computer, computer system, computer software program, malicious code, computer virus or process or any other electronic system on board the ship; or virus (or threat thereof) preventing the use of any computer, computer system, computer software program, computer process or any other electronic system on board the ship. (1) If the event under this rule directly or indirectly causes an incident which is covered by any of rules 3.21 to 3.32, then if the member’s terms of entry include cover under the relevant rule, the deductible applicable to that rule shall apply; and (2) If the event under this rule directly or indirectly causes an incident which is covered by any of rules 3.21 to 3.34, but the member’s terms of entry do not include cover under the relevant rule, the claim shall be excluded.
3.41 - Sue and Labour
Where a member, in order to avoid or reduce a claim on the club, has incurred reasonable expenses in avoiding or minimising delay to a ship, the board may, at its sole discretion, agree to reimburse the member to such extent as it sees fit.
3.42 - Omnibus
In the event that a claim does not fall within any specific risk covered, but relates to a loss which the board determines to be within the scope of club cover, the board shall have full discretion to decide the extent of the member’s recovery from the club.