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- 27 September 2005
This document was copied ftom the original onto the peoples war web site by Rod Sutton on behalf of Audrey Pearson with her full permission. She understands the sites terms and conditions.
“GERMAN WAR RISK CLAUSE 1938”
1) Extent of cover.
This insurance covers the risk of war, civil war and warlike operations.
These risks include losses caused by actions of warlike nature, in particular by application of armed force, blockade or other barriers as well as seizure or other measures whatsoever taken by any authority whether recognized or not against the insured interest in the prosecution of war.
This insurance also covers the risks which arise, independently of a state of war, out of the use or presence of mines torpedoes bombs and other engines of war.
2) Commencement of risk.
The risk under this insurance attaches as soon and in so far as the insured goods are placed on board an overseas vessel at the place of shipment for conveyance on the insured voyage.
3) Termination of risk.
The risk terminates as soon and in so far as the goods are discharged from an overseas vessel at the place where the sea voyage ends (place of discharge) but in no event later, for any undischarged part of the cargo, than 15 days calculated from midnight of the day of arrival of the overseas vessel at the place of discharge.
4) Transhipment during voyage.
Should cargo be transhipped on the insured voyage in accordance with the terms with the terms of the contract of affreightment from one overseas vessel into another overseas vessel, then the insurance also covers the goods whilst on land at the place of transhipment. The insurance is suspended, however, after the expiry of 15 days calculated from midnight on the day of arrival of the overseas vessel at the port of transhipment. The insurance comes into operation again as soon and in so far as the goods are placed on board the on-carrying vessel for the continuation of the voyage.
5) Contract of affreightment and place of discharge.
In the event of exercise of any liberty granted to the shipowner or charterer under the contract of affreightment whereby such contract in respect to the insured goodsis terminated at a place other than the port of destination named therein, such place shall be deemed the final port of discharge.
An overseas vessel shall be deemed to have “arrived” within the meaning of this clause as soon as it is safely anchored or moored.
7) Exclusion of indirect losses.
The insurer is not liable for any expenses incurred if, owing to the danger of war, the vessel
a. Does not commence the voyage
b. Does not continue the voyage
c. Puts into port
d. The goods are discharged, stored and otherwise forwarded even if such expenses are allowed in General Average
The rates and computation of premiums for risks covered under this clause shall be stated separately in a clear and unequivocal manner.
9) Relation to the conditions of the marine policy
This insurance is subject to the General German Rules of Marine Insurance applicable to insurances excluding war risks provided that
a. the period referred to in par.73 shall be six months
b. the insurer is entitled to an additional premium in the event of any increase in the risks covered under this insurance by reason of a change of voyage.
Note: the insurance of war risk (par.1), as above, is subject to cancellation at any time provided that notice be given two days prior to attachment of war risk (par.2).
VHA. Form Nr.249/1939
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