KUDA GAME POLICY WORDING - kuda.co.za file• Kuda Holdings (Pty) Ltd or its representative contravened or failed to comply with a provision of the Act and as a result you have suffered,

GAME & WILDLIFEINSURANCE

KUDA GAME

POLICY WORDING

Approved Lloyd’s Coverholder

Pin 112897CJS

GAME & WILDLIFEINSURANCE

DISCLOSURE NOTICE 1

GENERAL - APPLIES TO ALL SECTIONS 2

CAPTURE 3

TRANSIT 4

MORTALITY 5

SASRIA (underwritten by SASRIA SOC Limited) 6

INDEX

1

DISCLOSURE NOTICE

This notice does not form part of the Insurance Contract (Policy) or any other

document. It does however contain valuable information.

Introduction

The FAIS (Financial Advisory and Intermediary Services) Act (Act 37 of 2002)

has been introduced to protect consumer rights and makes provision for

• registration of brokers referred to as Financial Service Providers

(FSP) who must comply with certain requirements such as academic

qualifications and experience. The FSP must also comply with fit and

proper requirements referring to honesty, competency and solvency.

• the disclosure to you as the client of material information regarding

o details of the product supplier (Insurer).

o details of the FSP.

o details of the financial service.

• Your rights to lodge a complaint and seek resolution thereof through the

FAIS Ombud offices.

The Insurer Disclosure

Name: Kuda Holdings (Pty) Ltd

Physical Address: 101 Big Bay Office Park, 16 Beach Bay

Boulevard, Eden on the Bay, Cape Town, 7441

Postal Address: P O Box 151, Bloubergstrand, 7436

Telephone: 021 554 5832

Fax: 086 696 6132

FAIS Licence Information

Services: Advice and Intermediary

Categories: Personal

FSP Number: 38382

Email address: [email protected]

Complaints: Direct your complaint to the above address or

by email to [email protected]

2

DISCLOSURE NOTICE

SASRIA Disclosure

Name: SASRIA Limited

Physical Address: 36 Fricker Road, Illovo, Sandton

Postal Address: PO Box 653367, Benmore, 2010

Telephone: 011 214 0800 086 172 7742

Fax: 011 447 8630

Compliance Officer: Mrs Nomsa Mazibuko


WE ARE AUTHORISED IN TERMS OF A BINDER AGREEMENT

TO ISSUE SASRIA COUPONS ON BEHALF OF SASRIA.

Your Policy

Type of Policy: Personal

Premium: Premium is the amount you pay us for the

cover under the policy. The premium payable

and frequency is reflected on your policy

schedule or endorsement to your policy.

The premium is payable before inception or

renewal of your policy, subject to a 15 day

period of grace.

Non-payment of the premium will result in

contractual lapsing of your policy. Please

ensure that your FSP has explained the

consequences of non-payment of premium to

you.

Fees: Any fees payable by you to your FSP

are separately disclosed on the policy

documentation.

Commission: Any commission payable by us to your

FSP is separately disclosed on the policy

documentation.

Binder Fees: Any binder fees payable by us to your FSP

are separately disclosed on the policy

documentation.

3

DISCLOSURE NOTICE

Complaints Resolution ProcedureSummary

The objective of the Complaints procedure is to set out the steps that enable

you to approach the FAIS Ombud for determination on a complaint, where the

complaint constitutes a monetary claim up to R 800 000, without incurring

legal expenses.

What is a complaint?

A complaint can arise only if

• Kuda Holdings (Pty) Ltd or its representative contravened or failed to

comply with a provision of the Act and as a result you have suffered, or

are likely, to suffer financial prejudice.

• we or our representative wilfully or negligently rendered a financial

service which caused or is likely to cause financial prejudice.

• we treated you unfairly.

How do you lodge a complaint?

Inform Kuda Holdings (Pty) Ltd in writing that you have a complaint and if

possible complete their client complaint form.

What happens after this?

• We have 3 weeks to acknowledge receipt of the complaint if we cannot

resolve the complaint in that period.

• We must resolve the complaint within 6 weeks.

What other rights do you have?

If after 6 weeks we have not resolved the complaint or the complaint has not

been resolved to your satisfaction you may approach the FAIS Ombud within

6 months of the resolution by Kuda Holdings (Pty) Ltd. You must complete

a complaints registration form that you can download from the FAIS Ombud

website.

4

DISCLOSURE NOTICE

FAIS Ombudsman details

Physical Address: Celtis House, Eastwood Office Park,

Lynnwood Road, Pretoria.

Postal Address: PO Box 74571, Lynnwood Ridge, 0040

Telephone: 012 470 9080

Fax : 012 470 9098

Customer Contact Division:

Telephone: 0860FAISOM (0860324766)/012 470 9080

Fax: 012 348 3447


Website: www.faisombud.co.za

A FULL COPY OF THE COMPLAINT RESOLUTION POLICY

AND PROCEDURES IS AVAILABLE FROM OUR OFFICES

Compliance Officer details:

Name: Beanke Vermeulen c/o 5949

Telephone: 012 851 4491

Postal Address: PO Box 5023, Helderberg, 7135


Your Intermediary: Also referred to as your broker or Financial Service Provider (FSP). The name of your broker is reflected on the policy documentation.

Legal Status: Your broker is authorised by us in terms of an agency agreement to render advisory and intermediary services with regard to our financial products in the categories they are licensed for.

Your broker is not a representative of Kuda Holdings (Pty) Ltd and Kuda Holdings (Pty) Ltd accepts no responsibility for their actions.

Your broker must disclose to you whether they

hold professional indemnity insurance or not.

5

DISCLOSURE NOTICE

Claims Procedure

On the happening of any event, which may result in a claim under the policy,

please notify Kuda in writing within the prescribed time period.

Email: [email protected]

Telephone: 021 554 5832

If you are dissatisfied with the way your claim has been handled please

contact The Short Term Insurance Ombudsman to review your case.

Short Term Insurance Ombudsman details

Postal address: PO Box 32334, Braamfontein, 2017

Telephone: 011 726 8900

Fax: 011 726 5501

6

GENERAL – APPLIES TO ALL SECTIONS OF YOUR POLICY

General Definitions applying to all sections of your policy Accident

means an unforeseen and unintended event or occurrence that is sudden and immediate.

Adult animal

means a sexually mature animal in the reproductive period of its life.

Agreed value

means the value placed on the animal by you, agreed by us, and reflected as the sum insured in your schedule.

Animal

means the animals specified in your schedule and specifically excludes any domesticized animal.

Anti-poaching guard

means trained and armed guards employed to prevent poaching.

Berserk

means behaviour that is manic or furiously violent or unable to be controlled and poses a threat to people or to other animals.

Broker

means Kuda Holdings (Pty) Ltd.

Canids

means any dog-like animal that is taxonomically classed in the Canidae family of the order of Carnivora.

If you comply with the terms and conditions in this policy and pay the

premium to us on or before the due date then we will settle your claim for the

death of the insured animal or any other event that is insured by this policy.

We will not accept any liability if, at the start or renewal of the policy, the

animal is, except for any conditions completely and accurately disclosed to

us and accepted by us in writing, not in sound health and free of any illness,

disease, lameness, injury or physical disability.

7

GENERAL – APPLIES TO ALL SECTIONS OF YOUR POLICYCapturemeans the capture or darting prior to the loading onto a transit vehicle or release from the transit vehicle.

Capture Myopathymeans Exertinal Rhabdomyolosis being the physiological damage to organs and muscles as a result of excessive movement, handling or stress.

Cross breedingmeans the offspring resulting from the breeding between different species or sub-species that differ genetically.

Declaration

means any statement made by you certifying the truthfulness, accuracy and/or completeness of information supplied to us.

Deposit premiummeans an advance payment to us by you that will be adjusted once the actual premium for the period has been determined.

Deathmeans death or humane destruction of your animal.

Dystokiameans the condition that arises when a pregnant animal develops difficulty with the birth process and needs intervention to assist with the delivery of the unborn.

Endorsementmeans a written alteration to your policy with us.

Environmentmeans the conditions and circumstances, biotic and abiotic, that an animal lives in, or is temporarily held in, that may influence its development or behaviour.

Fair market value means the price at which the ownership of the animal would change between a willing buyer and a willing seller, neither being under any compulsion to buy or sell and both having reasonable knowledge of the relevant facts.

8

GENERAL – APPLIES TO ALL SECTIONS OF YOUR POLICYFelidsmeans any cat-like animal that is taxonomically classed in the Felidae family of the order of Carnivora.

First loss means that we pay losses up to a predetermined limit only.

Game farming means the intensive management and keeping of game on the premises noted in your schedule.

Game handler means a person who has expert knowledge of and is experienced in handling and caring for game.

Game ranching means the extensive management and keeping of game on the premises noted in your schedule with very little human intervention.

Game register means the complete list describing all animals insured or to be insured including the microchip and/or tag number.

Game scout means a person employed to observe and monitor the wellbeing and whereabouts of animals.

Humane destruction (Euthanasia)means that the animal is afflicted with an excessively painful disease or injury, and a suitably qualified veterinary surgeon has first given a certificate that the animal cannot be cured and its suffering is so excessive that immediate destruction is imperative for humane reasons.

Juvenile animalmeans an animal that is still dependent on its mother and is no more than 6 months old.

Old agemeans the animal is old as determined by teeth wear and body condition in relation to the scientific expected norm of the specie’s life span.

9

GENERAL – APPLIES TO ALL SECTIONS OF YOUR POLICYPoachingmeans the illegal hunting, capturing, removal, injuring and/or killing of an insured animal.

Post release stresswill include social stress, environmental stress and feeding stress.

Post-mortemmeans a procedure that consists of a thorough examination of the carcass of the animal by a veterinary surgeon, including the conducting of any necessary pathological tests and the taking and testing of any samples necessary to establish the cause and manner of the death or the reason for the humane destruction of the animal.

Predationmeans the capturing of prey by another animal (predator, bird of prey or python) as a source of food.

Premisesmeans the area within the perimeter game fence or the external boundary game fence of the land or property noted in the schedule.

Processmeans processing as defined in the Protection of Personal Information Act 2013 (“POPI”) and includes any operation or activity or any set of operations concerning personal information including collection, receipt, recording, organisation, collation, storage, updating or modification, retrieval, alteration, consultation or use of personal information.

Proof of ownershipmeans that you provide us with documentary evidence proving your ownership of the insured animals.

Quarantinemeans that an animal is kept in isolation for a period of time to prevent the spreading of diseases, infections or parasites.

Sub-adultmeans an animal that is independent from its mother but has not yet reached sexual maturity.

10

GENERAL – APPLIES TO ALL SECTIONS OF YOUR POLICYTransitmeans when an animal is being transported from one place to another. Transit commences when all four hooves of the animal are on the truck and ends when the first hoof is off the truck.

Vehiclemeans a motor vehicle suitably adapted to transport the species that it is transporting.

Veterinary surgeon means a veterinary surgeon experienced in the handling and treatment of game with a currently valid license, issued by the appropriate government agency, allowing him/her to practice veterinary medicine.

We/us/ourexcept for the SASRIA section, means the Insurer, Kuda Holdings (Pty) Ltd.

You/your/yoursmeans the person(s), partnership, corporation or organisation specified in your schedule in whose name the policy is issued.

Young animalmeans an animal that is still dependent on its mother but older than 6 months.

General exclusions and exceptions applying to all sections of your policy

1. SASRIA exclusionWe will not pay for

(A) loss of or damage to property or to any animal or any liability related to or caused by

(i) civil commotion, labour disturbances, riot, strike, lockout or public disorder or any act or any activity which is aimed at bringing about any of the above;

(ii) war, invasion, act of foreign enemy, hostilities or warlike operations (whether war be declared or not) or civil war;

(iii) (a) mutiny, military rising, military or usurped power, martial law or state of siege, or any other event or cause which causes the proclamation or maintenance of martial law or state of siege;

(b) insurrection, rebellion or revolution;

11


(iv) any act (whether on behalf of any organization, body or person or group of persons) aimed at overthrowing or influencing any State or Government or any provincial, local or tribal authority with force or by means of fear, terrorism or violence;

(v) any act which is aimed at bringing about loss or damage in order to further any political aim, objective or cause, or to bring about any social or economic change, or in protest against any State or Government or any provincial, local or tribal authority, or for the purpose of inspiring fear in the public or any section thereof;

(vi) any attempt to perform any act referred to in clause (iv) or (v)

above;

(vii) the act of any lawfully established authority in controlling, preventing, suppressing or in any other way dealing with any occurrence referred to in clause (A) (i), (ii), (iii), (iv), (v) or (vi) above.

If we say that because of clause (A) (i), (ii). (iii), (iv), (v), (vi) or (vii) of this exception, loss or damage is not covered by this policy, then you will have to prove that we are wrong before we will pay your claim.

(B) loss or damage caused directly or indirectly by or through

or in consequence of any occurrence for which a fund has

been established in terms of the War Damage Insurance and

Compensation Act, 1976 (No. 85 of 1976) or any similar Act

operative in any of the territories to which this policy applies.

2. Terrorism exclusion

Regardless of any extensions to this policy, we will not pay for loss of or damage to property or any animal or any expense directly or indirectly caused by, arising out of or in connection with any act of terrorism regardless of any other cause or event contributing concurrently or in any sequence to the loss, damage or expense.

For the purpose of this exclusion an act of terrorism includes, without limitation, the use of violence or force or the threat thereof whether as an act harmful to human life or not, by any person or group of persons, whether acting alone or on behalf of or in connection with any organisation or

12


government or any other person or body of persons, committed for political, religious, personal or ideological reasons or purposes including any act committed with the intention to influence any government or for the purpose of inspiring fear in the public or any section of the public.

If we say that because of this exception, loss or damage is not covered

by this policy then you must prove us wrong for us to pay your claim.

3. Nuclear exclusion

(A) We will not pay for

(i) loss or destruction of or damage to any property or animal whatsoever or any loss or expense whatsoever resulting or arising therefrom or any consequential loss

(ii) any legal liability of whatsoever nature

directly or indirectly caused by or contributed to by or arising from ionizing radiations or contamination by radio-activity from any nuclear fuel or from any nuclear waste from the combustion of nuclear fuel.

For the purpose of this exception only, combustion shall include any self-sustaining process of nuclear fission.

(B) We will not pay for any loss, destruction, damage, injury to, illness of, or death of any animal or any legal liability directly or indirectly caused by, or contributed to by, or arising from nuclear weapons material.

4. Nuclear causes exclusion

This insurance does not cover legal liability, loss, damage, cost or expense (including consequential loss) caused directly or indirectly by any of the following, regardless of any other cause or event contributing concurrently or in any other sequence to the loss:

Nuclear material, nuclear fission or fusion, nuclear radiation, nuclear waste from the use of nuclear fuels, nuclear explosives or any nuclear weapon.

Definitions:

“Nuclear material” as defined in Nuclear Materials Act 1975.

“Nuclear fission” means a nuclear reaction in which a heavy nucleus

splits spontaneously or on impact with another particle

with the release of energy.

13

GENERAL – APPLIES TO ALL SECTIONS OF YOUR POLICY“Nuclear fusion” means a nuclear reaction in which atomic nuclei of

low atomic number fuse to form a heavier nucleus with

the release of energy.

“Nuclear radiation” means the absorption of electromagnetic radiation

by a nucleus having a magnetic moment when in an

external magnetic field.

“Nuclear waste” as defined in Nuclear Materials Act 1975.

“Nuclear fuels” means a substance that will sustain a fission chain

reaction so that it can be used as a source of nuclear

energy.

“Nuclear explosives” means an explosion involving the release of energy by

nuclear fission or fusion or both.

“Nuclear weapon” means a nuclear device designed, used or usable for

inflicting bodily harm or property damage.

5. Total asbestos exclusion

Notwithstanding any provision of this policy including any exclusion,

exception or extension or other provision which would otherwise override

a general exception this policy does not cover any legal liability, loss,

damage, cost, injury to, illness of, or death of any animal or any expense

whatsoever or any consequential loss directly or indirectly caused by,

arising out of, resulting from, in consequence of, in any way involving,

or to any extent contributed to by, the hazardous nature of asbestos in

whatever form or quantity.

6. Computer losses

General exception applying to all sections of this policy insuring

damage to property or injury to, illness of, or death of any animal or

the consequences of damage to property or any liability.

Regardless of any other extensions to this policy, we will not pay for:

(a) loss or destruction of or damage to any property (including a

computer) or any loss or expense;

(b) any legal liability;

(c) any consequential loss;

14


directly or indirectly caused by or contributed to by or consisting of or

arising from the incapacity or failure of any computer, correctly or at all

(i) to treat any date as the correct date or true calendar date, or

correctly or appropriately to recognise, manipulate, interpret,

process, store, receive or to respond to any data or information,

or to carry out any command or instruction, in regard to or in

connection with any such date, or

(ii) to capture, save, retain or to process any information or code as a

result of the operation of any command which has been programmed

into any computer, being a command which causes the loss of data

or the inability to capture, save, retain or correctly to process such

data in regard to or in connection with any such date, or

(iii) to capture, save, retain or to process any information or code due to

programme errors, incorrect entry or the inadvertent cancellation or

corruption of data and/or programmes, or

(iv) to capture, save, retain or to process any data as a result of the

action of any computer virus, or other corrupting, harmful or

otherwise unauthorised code or instruction including any trojan

horse, time or logic bomb or worm or any other destructive or

disruptive code, media or programme or interference.

A computer includes any computer, data processing equipment,

microchip, integrated circuit or similar device in computer or non-

computer equipment or any computer software, tools, operating system

or any computer hardware or peripherals and the information or data

electronically or otherwise stored in or on any of the above, whether

your property or not.

Special extension to computer losses general exception

(A) Loss or destruction of or damage to the insured property by fire,

explosion, lightning, earthquake, rain or storm is not excluded.

(B) This special extension will not insure any loss, destruction, damage

or consequential loss if it would not have been insured in the

absence of this computer losses general exception and this special

extension.

15


7. Epidemic/Pandemic exclusion

We will not pay for any liability, loss, damage, illness, injury, bodily

injury, disability or death or any cost or expense arising directly or

indirectly out of, or contributed to by, or resulting from, any infectious

epidemic which leads to the imposition of quarantine or the restriction in

movement of people or animals or any travel advisory or warning being

issued by a national or international body or agency or any fear or threat

of such classification or advisory whether actual or perceived. If we say

that because of this exclusion, the loss or damage is not covered by this

policy then you must prove us wrong or we will not pay your claim.

8. Sanctions exclusion

We will not pay a claim to a party in any country outside the Republic

of South Africa if paying the claim will expose us to any sanction,

prohibition or restriction under United Nations resolutions, or the trade

or economic sanctions, laws or regulations of the European Union,

United Kingdom or United States of America.

9. General exclusions

We will not pay for

(a) any loss, damage, injury to, illness of, or death of any animal or any

claim that you have agreed to because of a contract that you have

entered into or because you have sold an animal and not confirmed

with your bank that valid and legal payment has been made before

giving the animal to the other person.

(b) consequential loss or damage.

(c) any injury to, illness of, or death of any animal or any third party

liability that is not sudden and unforeseen or that happens over a

period of time.

16


General Provisions applying to all sections of your policy

1. Correct information

You need to always give us true and correct information. Should any

information be concealed, misrepresented, omitted or not disclosed to

us then this policy will be null and void.

2. Changes after we have given you cover

If any of the information that you gave us changes in any way that would

make a claim more likely to occur or would have affected any of our

decisions then you must tell us immediately or we will not pay your claim.

3. Access to premises and insured animals

You must, at any reasonable time, give us access to your premises and

to any insured animal or all cover under this policy will cease.

4. Other insurance

If you have any other insurance under which you can claim for the same

loss that you are claiming for under this policy, then we will only pay our

portion of the claim and the balance must be claimed from the other

insurer.

5. Cancellation

You may cancel this policy or any section of it by giving us notice in

writing. We will then charge you in compliance with the short rate scale

below:

1 month: 30% of annual rate 5 months: 70% of annual rate2 months: 40% of annual rate 6 months: 80% of annual rate3 months: 50% of annual rate 7 months: 90% of annual rate4 months: 60% of annual rate 8 months: 95% of annual rate

Over 8 months: 100% of annual rate

However, the short rate scale shall not be applied to the portion of

premium charged “in full” for any optional extensions to cover. This

portion of the premium is fully earned and no refund will be made to you.

17


If we wish to cancel this policy or any section of it, we must give you

30 days’ notice in writing. If we pay a claim on your animal there will be

no refund of premium and if your premium is paid by monthly debit order

then the balance of the annual premium due will be deducted from the

claim settlement.

6. Premium payment

You must pay us before the start of your policy. If your policy is

renewing, you must pay us within 15 days of the due date on renewal for

us to give you cover. If you do not pay us before the due date or within

the 15 days of the due date if your policy is renewing then your policy

will be cancelled from the due date.

If you have a claim in the 15 days after renewal but before you have paid

us, then you will have to pay us the outstanding premium before we can

process your claim.

Due date will be the 1st day of every 12th month after the inception of

your policy.

We will not have to accept premium given to us except in compliance

with the terms above but we may choose to accept premium under other

conditions. If we do accept your premium outside of the terms above

then you will have to advise us of any event that could lead to a claim or

any outstanding claims in writing before you give us the premium due or

we will not pay those claims.

7. Adjustment of premium

If you pay us a deposit premium on estimated sums insured, then at the

end of the insurance period, you must re-submit a game register to us

and pay us any additional premium due.

8. Holding covered on fall of hammer

If we are holding covered on fall of hammer on a risk for you a claim will

not be rejected because the premium has not yet been agreed or paid, but

we will not process your claim until such premium has been agreed and

paid.

18


9. Preventing loss or damage

You must take all reasonable steps and precautions to prevent accidents,

losses or damage including, but not only, complying with and adhering to

all laws, regulations, rules and by-laws that are material to the risk whether

the law, regulation, rule or by-law was in force at the date that your policy

was issued or enacted at a later date. If you do not comply with this

condition and your not complying is material to your claim, we will not pay

your claim.

You must at all times ensure that your animals have sufficient food,

water and shelter and proper care and attention. You must take all

reasonable steps to protect your animals from contagious or infectious

diseases including, but not only, immediately isolating any animal that

is, or could be, suffering from any infectious or contagious disease and

reporting such events to the relevant authorities and taking all possible

precautions to prevent the spread of the disease. You must also ensure

that fire-fighting equipment and procedures are maintained for the

protection of your animals. If you do not comply with this condition then

we will not pay your claim.

10. Berserk clause

If your animal is humanely destroyed because you allege that it went

berserk, then the onus is on you to prove to us that it did indeed go

berserk or we will not pay your claim.

11. Veterinary Certificate

Unless we agree otherwise in writing, or cover is given at fall of hammer,

you must provide us with a veterinary certificate testifying to the good

health of your animal before any cover will incept. If we request a

veterinary certificate in respect of any insured animal, then you must give

us such a veterinary certificate within 10 days of us requesting it or we

will not pay your claim.

19


12. Claims

(a) If you have a loss which could result in a claim then you must, at

your own expense

(i) advise us within 24 hours of the discovery of the event,

supply us with photographs of the scene of the death and the

carcass, and give us details of any other insurance against

which you could claim.

(ii) unless specifically agreed otherwise by us in writing, have

a post-mortem at your expense performed by a licensed

veterinary surgeon approved by us to establish the cause of

death or reason for humane destruction of the animal, and

submit a copy of the report to us as soon as possible after the

death or humane destruction of the animal.

(iii) if the claim involves theft of an animal or a motor accident,

report it to the police within 24 hours, or sooner, of the loss

and do all that you can to help to find the guilty person or the

stolen animal.

(iv) fill in and send to us a claim form within 30 days, or sooner, of

the loss.

(v) give us or our representatives any proof, information or declarations, including copies and access to the originals of all veterinary records and all information relating to the condition, history, performance and value of the animal, including proof of ownership, that we require to help us to pay your claim and immediately send to us any notice of claim or any communication, writ, summons or other legal process issued or commenced against you in connection with the event resulting in the claim.

(vi) submit yourself, your family, your representatives, agents, employees, game handlers, game scouts, anti-poaching guards or other persons who have care, custody or control of your animal to examinations under oath, if required by us, or our representatives.

(b) If your animal has died then the carcass must be kept in cold storage and may not be removed or disposed of without our permission. We will not pay any claim unless we can examine the carcass.

20


(c) If we do not pay your claim you have 90 days from the date that we

reject or avoid your claim to appeal to us in writing and a further

6 months to take legal action against us. If you do not take legal

action against us within this period you will lose your right to do so.

(d) If any stolen animal that we paid a claim for is found then you must

help us in any way possible to identify the animal. We will pay any

costs that you have incurred as a result of helping us. If you refuse

to help us when we ask you to then you will have to repay us any

money that we paid out for the claim.

(e) You may not make any statement, admission, offer, promise or

payment or give any indemnity to any person without our agreement

in writing that you do so.

13. Our rights after an event

(a) After an event that could or has led to a claim against this policy,

we and anyone that we appoint may, without implying or agreeing

that we will pay your claim or prejudicing our right to rely on any

conditions of this policy,

(i) take, enter or keep possession of any animal or carcass and

deal with it in a reasonable manner. This condition allows us

to do so. You may not abandon any animal or carcass to us

even if we have taken it as said here.

(ii) take over and conduct in your name the defence or settlement

of any claim and prosecute in your name for our benefit. We

may negotiate settlement in any way we wish.

(iii) appoint a veterinary surgeon or third party of our choice to

conduct an additional post-mortem and/or inspect the area

where the death of the animal occurred.

(b) You will, at our expense, help us and allow us to do anything

necessary or reasonably needed by us to enforce any rights

which would be, or have been, subrogated to us because we are

indemnifying you.

(c) If there is a claim against you by another person we can chose to

pay the limit of indemnity (sum insured) to you and we will then not

have to pay any further claim from that event.

(d) We will never pay you or anyone on your behalf more than the sum

insured or limit of indemnity for that animal or event.

21


14. Fraud

If any claim sent to us is fraudulent or if you or anyone else on your behalf uses any fraudulent means or devices to benefit under this policy, or if the loss is because of a deliberate act on your part, or if you helped

anyone to cause the loss, then we will not pay your claim.

15. Non-compliance

If you do not comply with any of the terms, conditions or warranties of this policy or if you misrepresent any material information we will not pay your claim. The conditions and sections of this policy apply individually to each of the risks insured so that any breach will result in only the risk that was breached being voided.

16. You only have rights

Only you have rights under this policy. If any other person has a claim

against this policy then you must claim on their behalf. Once we have

paid you, the claim will be regarded as settled.

17. Insurable Interest

At the time of an event that results in a claim you must be able to prove ownership of the animal that you are claiming for or we will not pay your claim.

18. First amount payable

If a first amount payable applies to a claim then we will pay you less this

amount. You can find the first amounts payable in your schedule.

19. Meaning of words

Your schedule, any endorsements and this policy wording will be read

together and any word or expression to which a specific meaning has

been given will have that same meaning wherever it is used.

20. Schedule sums insured blank

If, in your schedule attaching to this policy or any other documentation

that we give you, the sum insured, limit of indemnity or compensation is

(a) left blank or has no monetary amount

22


(b) reflected as nil or not applicable or not covered or no indemnity

extended

this means that insured event or circumstance shown in the schedule is

not insured by this policy.

21. Use of your personal information

When you enter into this policy you will be giving us your personal

information that may be protected by data protection legislation,

including but not only, the Protection of Personal Information Act, 2013

(“POPI”). We will take all reasonable steps to protect your personal

information.

You authorise us to

(a) process your personal information to

(i) communicate information to you that you ask us for.

(ii) provide you with insurance services.

(iii) verify the information you have given us against any source or

database.

(iv) compile non-personal statistical information about you.

(b) transmit your personal information to any affiliate, subsidiary or

re-insurer so that we can provide insurance services to you and

to enable us to further our legitimate interests including statistical

analysis, re-insurance and credit control.

(c) transmit your personal information to any third party service

provider, that we may appoint to perform functions relating to your

policy on our behalf.

You acknowledge that this consent clause will remain in force even if

your policy is cancelled or lapsed.

22. Territorial Limits

We will only pay claims if the event that causes the claim happens in the

Republic of South Africa.

23


23. Jurisdiction

This policy will be subject to the Laws and Statutes that apply in the

Republic of South Africa and we will only abide by judgments first

delivered by, or obtained from, a court of competent jurisdiction within

the Republic of South Africa.

24. Detention, Confiscation and Forfeiture

This policy does not cover any loss, damage, cost or expense directly

or indirectly as a result of detention, land grab, confiscation, forfeiture,

nationalisation, impounding or requisition legally carried out by customs,

(with the exception of quarantine after and before import or export),

Police Services, crime prevention units or other officials or authorities

having, or claiming, jurisdiction in the matter.

If we reject your claim using this clause, the onus is on you to prove that it does not apply.

25. If your animal is ceded

If your animal is ceded to any entity, including but not only a bank, the

cession holder must be noted in your schedule. On the happening of a

claim, we will pay any outstanding amount owing to them first and the

balance will be paid to you. You will then have no further claim against us.

26. Value - added tax (VAT)

All sums insured and limits of indemnity are inclusive of VAT at the

current rate as promulgated by the applicable legislation.

27. Liability under more than one section

You may only claim once under one section of your policy wording for

an accident to, or death or illness of your animal, or any liability, as a

result of one event even if the accident, death, illness or liability could

be claimed under more than one section. You must claim under the

section where it is most specifically insured.

24

CAPTURE

Insured events

We agree that, subject to the terms, conditions and exclusions of this policy,

in the event of the death or humane destruction of your animal (but not any

genetically cross-bred animal or embryo or foetus), as a result of any accident

or injury, as a direct result of capture or darting prior to loading onto a transit

vehicle or release from the transit vehicle, and subject to immediate written

notice of such accident, injury, illness or disease having been given to us

during the period of insurance, we will pay you the fair market value, or agreed

value, of the animal at the time of the accident or injury, causing its death,

whichever is the lesser. At no time will we pay you or anyone on your behalf

more than the sum insured in your schedule for that animal.

In return you agree to abide by all the terms and conditions of this policy.

Any breach of any term or condition will result in no claim being paid. A

breach is deemed to have occurred whether you, the insured, has personal

knowledge of such circumstances or events or not. This also relates to your

family, your representatives, agents, employees, anti-poaching guards, game

handlers, game scouts, veterinary surgeons or other persons who have care,

custody or control of your animals.

Exclusions

1. We will not pay your claim unless the capture and release procedures

are carried out in compliance with the applicable legislation and by a

qualified game handler.

2. We will not pay your claim for intentional slaughter of any animal by you,

your employee or representative, or any one at your or their instruction

or by or under the order of any government or public or local authority

or any person or body having or claiming jurisdiction in the matter or

otherwise.

3. We will not pay your claim if the death of your animal is directly or

indirectly caused by, happening through or in consequence of poaching,

hunting or predation.

25

CAPTURE


indirectly caused by, happening through, or in consequence of,

poisoning unless the poisoning is a direct result of a snake, spider,

scorpion, insect or tetrapod bite or sting.

5. We will not pay your claim for death or humane destruction of your

animal, directly or indirectly caused by, happening through, in

consequence of or contributed to by

(a) capture myopathy unless stated otherwise in your schedule.

(b) any pre-existing illness or injury or old age.

(c) dystokia unless otherwise stated in your schedule.

(d) drought, starvation or mysterious disappearance.

(e) any surgical operation unless conducted by a veterinary surgeon and

certified by him to have been necessary only because of accident,

injury, illness or disease occurring during the period of insurance and

having been carried out in an attempt to save your animal’s life.

(f) the administration of any medication including capture and release

drugs administered by anyone other than a veterinary surgeon, or

someone under the direct supervision of a veterinary surgeon, or not

administered in compliance with the manufacturer’s specifications,

or if the incorrect medication or dosage is administered. Medication

includes any drug, hormone, vitamin, protein or other substance

other than unaltered food or drink.

(g) any mal-management, malicious or wilful injury or intentional acts or

omissions by you, your family, representatives, agents, employees,

anti-poaching guards, game handlers, game scouts, veterinary

surgeons or other persons who have care, custody or control of

your animals.

(h) any delays caused by non-compliance with import or export

documentation or any regulation governing the movement of

animals or the failure of any animal to pass a test.

(i) the carrying vehicle being in a condition that does not comply

with the provisions and regulations of The Road Traffic Act of the

Republic of South Africa or any similar legislation that applies

in the area that the vehicle is being used in, or if it has not been

specifically adapted to carry the species that is being transported.

26

CAPTURE

(j) an event happening while the capture vehicle or helicopter is being driven, flown or used

(i) by you or any person with your permission and knowledge who is not licensed to drive the vehicle or fly the helicopter in terms of legislation applying to the territory in which the vehicle or helicopter is being used. If a licence is subject to renewal the driver or pilot must have held and not be disqualified from holding or obtaining such a licence.

(ii) by you or any person with your permission and knowledge who is under the influence of intoxicating liquor or drugs or if the concentration of alcohol in the your or their blood or breathe is more than the statutory limit, however it is measured.

5. We will not pay your claim for any loss directly or indirectly caused by, happening through, in consequence of, or contributed to by foot and mouth disease, rabies, bovine malignant catarrhal fever, anthrax, corridor disease or gas gangrene complex, unless satisfactory proof can be given that the animal was vaccinated.

6. We will not pay your claim for any loss directly or indirectly caused by, happening through, in consequence of or contributed to by bovine tuberculosis unless you can prove that the animal was bought with a current supporting veterinary issued Bovine Tuberculosis Free Certificate.

7. We will not pay your claim for any loss directly or indirectly caused by, happening through, in consequence of or contributed to by your animal having been vaccinated against any illness or given any medication unless such vaccination or medication was done by a veterinary surgeon or someone authorised by, and under the direct supervision of, a veterinary surgeon to do such vaccinations or give such medication on his behalf, and the vaccination or medication was administered in accordance with the vaccine or medicine manufacturers’ recommendations and has been approved for animals by the appropriate Government Department responsible.

In the event of a claim, the burden of proof that the death or humane destruction of your animal is insured by this policy, will be on you.

27

CAPTURE

Provisions

1. It is a condition precedent of this insurance that at the inception of

this section of the policy the animal is in sound health and free from

any illness, disease, lameness, injury or physical disability, with the

exception of those conditions that we have already accepted in writing.

2. With the exception of emergency surgical operations performed in an

attempt to save the life of your animal we must be advised and provide

prior consent to any surgical operation to be performed on your animal.

The surgery must be performed by a veterinary surgeon qualified to

perform the procedure. General anaesthesia must be performed at a

veterinary clinic, apart from when it is an emergency in an attempt to

save your animal’s life, and the veterinary surgeon feels it is not in the

animal’s best interests to be moved to a clinic.

3. Capture must not take place in adverse weather conditions.

4. Where we admit the validity of a claim but there remains a dispute

between you and us as to the fair market value of the animal, then that

dispute is to be resolved by arbitration, as follows:

(a) Two arbitrators who have no financial interest in either of the parties

will be agreed on by both parties.

(b) Within 28 days of appointment of the arbitrators, we will each submit

to the arbitrators and to each other such evidence and submissions

on value as we wish to make, and each party will then have a further

14 days to respond.

(c) Thereafter the arbitrators will proceed to determine the fair market

value of the animal.

(d) We both agree unconditionally to accept the award of the

arbitrators. There is no appeal (other than as cannot be excluded

by agreement) and neither you nor us may bring suit as to the fair

market value of the animal in any other forum. We will pay you the

fair market value awarded within 21 days of the arbitrators’ decision

having been communicated to us.

28

CAPTURE

(e) The party whose fair market value is furthest removed from that of

the arbitrators will pay all fees and expenses of the arbitrators. If

you are liable to pay the arbitrators then the fees and expenses will

be deducted from the amount paid to you.

You may not bring legal action against us unless you have first complied

with all the terms and conditions of this policy and you must commence

such legal action within 180 days of the arbitration award or you will

have no further recourse against us.

Additional cover that you may elect to take

Recovery of escaped animals (if stated in your schedule to apply)

If your animal escapes during capture, we will pay up to the sum insured in

your schedule for this extension for it’s location and recapture. We will pay

for the death of your animal as a direct result of the re-capture or darting

and loading onto and off the transit vehicle so that transit can be continued.

We will not pay your claim unless the capture and release drugs are

administered by a veterinary surgeon and administered in compliance with

the manufacturers specifications. The capture and release procedures must

have been carried out in compliance with the applicable legislation and by a

qualified game handler.

29

TRANSIT

Insured events


in the event of the death or humane destruction of your animal (but not

any genetically cross-bred animal or embryo or foetus), during transit as a

result of any accident, injury, illness or disease including any accident to or

hijacking of the carrying vehicle, and subject to immediate written notice of

such accident, injury, illness or disease having been given to us during the

period of insurance, we will pay you the fair market value, or agreed value,

of the animal at the time of the accident, injury, illness or disease causing its

death, whichever is the lesser. At no time will we pay you or anyone on your

behalf more than the sum insured in your schedule for that animal. Transit

cover incepts when all four hooves of the animal are on the truck and ends

when the first hoof is off the truck.








Exclusions





otherwise.


indirectly caused by, happening through or in consequence of poaching,

hunting or predation.



poisoning unless the poisoning is a direct result of a snake, spider,

scorpion, insect or tetrapod bite or sting.

30

TRANSIT

4. We will not pay your claim for death or humane destruction of your

animal, directly or indirectly caused by, happening through, in

consequence of or contributed to by

(a) any pre-existing illness or injury or old age.

(b) dystokia or capture myopathy unless otherwise stated in your

schedule.

(c) drought, starvation or mysterious disappearance.

(d) any surgical operation unless conducted by a veterinary surgeon and

certified by him to have been necessary only because of accident,

injury, illness or disease occurring during the period of insurance and

having been carried out in an attempt to save your animal’s life.

(e) the administration of any medication unless by a veterinary surgeon

(or experienced personnel directed by him) and certified by

that veterinary surgeon to have been of a preventative nature or

necessitated by accident, illness or disease occurring during the

period of insurance. Medication includes any drug, hormone, vitamin,

protein or other substance other than unaltered food or drink.

(f) any mal-management, malicious or wilful injury or intentional acts or

omissions by you, your family, representatives, agents, employees,

anti-poaching guards, game handlers, game scouts, veterinary

surgeons or other persons who have care, custody or control of

your animals.

(g) any delays caused by non-compliance with import or export

documentation or any regulation governing the movement of animals

or the failure of any animal to pass a test.

(h) the carrying vehicle being in a condition that does not comply

with the provisions and regulations of The Road Traffic Act of the

Republic of South Africa or any similar legislation that applies

in the area that the vehicle is being used in, or if it has not been

specifically adapted to carry the species that is being transported.

(i) an event happening while the carrying vehicle is being driven or used

(i) by you or any person with your permission and knowledge

who is not licensed to drive the vehicle in terms of legislation

applying to the territory in which the vehicle is being used. If a

licence is subject to renewal the driver must have held and not

be disqualified from holding or obtaining such a licence.

31

TRANSIT

(ii) by you or any person with your permission and knowledge

who is under the influence of intoxicating liquor or drugs or if

the concentration of alcohol in your or their blood or breathe

is more than the statutory limit, however it is measured.


6. We will not pay your claim for any loss directly or indirectly caused

by, happening through, in consequence of or contributed to by bovine

tuberculosis unless you can prove that the animal was bought with

a current supporting veterinary issued Bovine Tuberculosis Free

Certificate.

7. We will not pay your claim for any loss directly or indirectly caused by,

happening through, in consequence of or contributed to by your animal

having been vaccinated against any illness or given any medication

unless such vaccination or medication was done by a veterinary surgeon

or someone authorised by a veterinary surgeon to do such vaccinations

or give such medication on his behalf, and the vaccination or medication

was administered in accordance with the vaccine or medicine

manufacturers’ recommendations and has been approved for animals by

the appropriate Government Department responsible.

8. We will not pay your claim for any loss directly caused by the capture of

your animal.

In the event of a claim, the burden of proof that the death or humane

destruction of your animal is insured by this policy, will be on you.

Provisions

1. It is a condition precedent of this insurance that at the inception of this

section of the policy the animal is in sound health and free from any

illness, disease, lameness, injury or physical disability, with the exception

of those conditions that we have already accepted in writing.

32

TRANSIT









3. The following conditions of transport must be complied with or we will

not pay your claim:

(a) The route taken must be direct and uninterrupted and the shortest

possible route provided that it does not prejudice the health or life

of your animal.

(b) Where the transportation is interrupted, you must ensure that

the animal is cared for in such a way that its health or life is not

prejudiced.

(c) The animal must be transported by an experienced game

transporter and attended by a game handler during loading and off-

loading as well as during transit.

(d) No animal may be transported with an animal to which it may have a

natural antipathy.

(e) All loading and off-loading facilities and holding pens must be

constructed with suitable materials and be suitable for the handling

of the species for which they are being used.

(f) The animal must be off-loaded as soon as possible after arrival

unless a veterinary surgeon or game handler advices otherwise and

animals are remain sedated for at least 12 hours after off-loading.

(g) The off-loading area must be suitable and no animal may be off-

loaded near a fence, donga, dam, riverbank or stream, electrical

pylon or any other obstruction that can cause injury.

(h) Transportation must not take place in adverse weather conditions.




33

TRANSIT






14 days to respond.


















1. Poaching (if stated in your schedule to apply)

We will pay for the death or humane destruction of your animal directly

as a result of poaching while on the carrying vehicle provided that

the vehicle is not left unattended and your animals are protected by a

trained anti-poaching unit unless otherwise agreed by us in writing.

2. Recovery of escaped animals (if stated in your schedule to

apply)

If your animal escapes during transit, we will pay up to the sum insured in your schedule for this extension for it’s location and recapture. We will pay for the death of your animal as a direct result of the re-capture or darting and loading onto and off the transit vehicle so that transit can be continued. We will not pay your claim unless the capture and release

34

TRANSIT

drugs are administered by a veterinary surgeon and administered in compliance with the manufacturers specifications. The capture and release procedures must have been carried out in compliance with the applicable legislation and by a qualified game handler.

3. Transport by air and quarantine extension (if stated in your

schedule to apply)

Your policy is extended to provide cover for your animal noted in the

schedule from commencement of transit at place of origin to the area of

quarantine, while in quarantine, and from there to the airport. This policy is

further extended to provide cover while your animal is on board or being

loaded into or unloaded from an aircraft licensed for passenger and/or

cargo carrying, from aerodrome to aerodrome, while being transported

between the places described in the schedule and while in quarantine

after arrival at the destination.

Your animal is also insured against the risk of jettison, theft, an accident or

mishap to, or a forced landing, or mechanical break-down, of the carrying

aircraft.

It is warranted that the animal is not loaded on any aircraft with any other

animal(s) to which they may have a natural antipathy.

Cover is subject to a satisfactory veterinary certificate being obtained no

more than 7 days before the date of transportation and being submitted

to us. A qualified veterinary surgeon must be in attendance from the time

of the arrival at the airport of the animal until the animal has left the airport

after the flight and during the flight.

Claims are subject to confirmation by a responsible official giving

particulars and the apparent cause of death.

There is no cover under this extension unless we have agreed the cover

and the geographical limits of the transit in writing and additional premium

has been received prior to the commencement of the transportation.

Any omission or failure of you or your agents or representatives to

comply with any order or instruction of the pilot or other person in

supreme authority and control over the aircraft will invalidate cover as

will prohibition of import or export or failure to pass import or export

tests.

35

TRANSIT

Limited cover that you may elect to take

1. Fire, explosion, collision or overturning of carrying vehicle only (if stated in your schedule to apply)

We will not pay a claim for the death or humane destruction of your

animal unless it was caused directly as a result of fire, explosion,

collision or overturning of the carrying vehicle.

36

MORTALITY

Insured events


in the event of the death or humane destruction of your animal (but not any

genetically cross-bred animal or embryo or foetus), during the period of this

insurance, as a result of any accident, injury, illness or disease occurring on

your premises noted in your schedule, and subject to immediate written notice

of such accident, injury, illness or disease having been given to us during the

period of insurance, we will pay you the fair market value, or agreed value,

of the animal at the time of the accident, injury, illness or disease causing its

death, whichever is the lesser. At no time will we pay you or anyone on your

behalf more than the sum insured in your schedule for that animal.

We will also pay for death or humane destruction of identifiable insured

animals that have escaped from your premises as a result of there having

been accidental damage to a perimeter fence that you were not aware of.

We will not pay for the cost of recovery or recapture of any such animals.








Exclusions





otherwise.



poaching, hunting or predation.

37

MORTALITY

3. We will not pay your claim if the death of your animal is directly or indirectly caused by, happening through or in consequence of poisoning unless the poisoning is a direct result of a snake, spider, scorpion, insect or tetrapod bite or sting.

4. We will not pay your claim if the death of your animal is directly or indirectly caused by, happening through or in consequence of the darting, capturing, loading or unloading from any means of conveyance or during transportation unless your animal was captured for medical attention or surgical procedures in an attempt to save the life of your animal.

5. We will not pay your claim for death or humane destruction of your animal, directly or indirectly caused by, happening through, in consequence of or contributed to by

(a) any pre-existing illness or injury or old age.

(b) dystokia or capture myopathy unless stated otherwise in your schedule.

(c) drought, starvation or mysterious disappearance.

(d) any surgical operation unless conducted by a veterinary surgeon and certified by him to have been necessary only because of accident, injury, illness or disease occurring during the period of insurance and having been carried out in an attempt to save your animal’s life.

(e) the administration of any medication unless by a veterinary surgeon (or experienced personnel directed by him) and certified by that veterinary surgeon to have been of a preventative nature or necessitated by accident, illness or disease occurring during the period of insurance. Medication includes any drug, hormone, vitamin, protein or other substance other than unaltered food or drink.

(f) any mal-management, malicious or wilful injury or intentional acts or omissions by you, your family, representatives, agents, employees, anti-poaching guards, game handlers, game scouts, veterinary surgeons or other persons who have care, custody or control of your animals.

(g) any animal escaping from your premises through an open gate or through a hole in any fence or the non-operation of any electric fence unless your premises are fully enclosed by recognised game fences of the type required to contain all the specifies on your game farm or ranch and unless such fences are inspected by a qualified person every 24 hours.

38

MORTALITY


7. We will not pay your claim for any loss directly or indirectly caused

by, happening through, in consequence of or contributed to by bovine

tuberculosis unless you can prove that the animal was bought with a

current supporting veterinary issued Bovine Tuberculosis Free Certificate.

8. We will not pay your claim for any loss directly or indirectly caused by,

happening through, in consequence of or contributed to by your animal

having been vaccinated against any illness or given any medication

unless such vaccination or medication was done by a veterinary surgeon

or someone authorised by a veterinary surgeon to do such vaccinations

or give such medication on his behalf, and the vaccination or medication

was administered in accordance with the vaccine or medicine

manufacturers’ recommendations and has been approved for animals by

the appropriate Government Department responsible.

In the event of a claim, the burden of proof that the death or humane

destruction of your animal is insured by this policy, will be on you.

Provisions1. It is a condition precedent of this insurance that at the inception of this

policy the animal is in sound health and free from any illness, disease,

lameness, injury or physical disability, with the exception of those

conditions that we have already accepted in writing. This applies to any

increase in value of the animal, any animal added to this insurance and

any other extension or addition to the coverage of this insurance. In the

case of an increase in value, any animal added or any other extension or

addition to coverage, this condition precedent must be satisfied as of the

date of such increase, addition or other extension or addition of coverage.

2. If you get new acquisitions of the same species that you already have on

your premises then the new acquisitions must be appropriately micro-

chipped, tagged or ear-notched for identification purposes. If individual

39

MORTALITY

insured animals cannot be identified, then we will, at our discretion,

apply a prescribed value to all animals of the same species based on

age and gender.

3. Your animals must at all times remain within the premises noted in your

schedule unless we agree otherwise in writing. Should animals be

alternated between different camps and/or different animal groups, this

will be subject to prior approval by us or we will not pay your claim.

















14 days to respond.









40

MORTALITY









Automatic Extension to Cover

Juvenile and young animals

We extend your policy to cover the juvenile and young animal offspring, but

not sub-adult offspring, of insured animals not otherwise insured but only for

death as a result of fire, lightening, storm, or flood or as a direct result of a

bite or sting from any snake, spider, scorpion or insect. We will pay you 30%

of the value of the mother in respect of juvenile animals and 50% of the value

of the mother in respect of young animals, less any first amount payable in

your schedule.


1. Poaching (if stated in your schedule to apply)

We will pay for the death or humane destruction of your animal directly

as a result of poaching on your premises provided that the premises are

fully enclosed by game fencing appropriate to all of the species kept on

your game farm or ranch and provided that there is strict access control

to your premises and your animals are protected by a trained anti-

poaching unit, unless otherwise agreed by us in writing.

2. Emergency game feed costs (if stated in your schedule to

apply)

We will pay for the cost, up to the sum insured for this extension, of

emergency game feed after a fire has destroyed grazing or harvested

accumulated fodder on your premises.

41

MORTALITY

3. Recovery of escaped animals and repair costs (if stated in

your schedule to apply)

Provided that your premises are fully enclosed by recognised game

fences of the type required to contain all the specifies on your game

farm or ranch and provided that such fences are inspected by a qualified

person every 24 hours, we will pay the costs up to the sum insured for

this extension for the recovery of escaped animals and relocating them

to your premises as well as the cost of the repair of the perimeter fence.

Limited cover that you may elect to take

1. Fire or lightening cover only (if stated in your schedule to

apply)


animal unless it was caused directly as a result of fire or lightening.

2. Fire, lightening, storm or flood cover only (if stated in your

schedule to apply)


animal unless it was caused directly as a result of fire, lightening, storm

or flood.

Sasria SOC Limited

P.O. Box 653367, BENMORE, 2010

36 Fricker Road, Illovo, Sandton, 2196

Tel: +27 11 214 0800 or 086 172 7742 (Switchboard)

Fax: +27 11 447 8630

Reg. No. 1979/000287/06

VAT Reg. 4140119340

FSP Licence No.: 39117

1

ANNEXURE 4

COUPON POLICY FOR SPECIAL RISKS INSURANCE

In consideration of the prior payment of the premium stated in the coupon and the receipt thereof by or on behalf of Sasria SOC Limited,(hereinafter called the Company) and subject to the underlying policy being current and valid at the effective date as stated in the Schedule, the Company will by payment or at its option by reinstatement or repair indemnify the insured during the Period of Insurance up to an amount not exceeding the total sum insured in respect of each item and not exceeding in the aggregate during the said Period of Insurance, the total insured value, or the aggregate limits of liability as stated in the proviso hereunder, whichever is the less against loss of or damage to the property insured directly related to or caused by:

(i) Any act (whether on behalf of any organisation, body or person, or group of persons) calculated or directed to overthrow or influence any State or government, or any provincial, local or tribal authority with force, or by means of fear, terrorism or violence;

(ii) Any act which is calculated or directed to bring about loss or damage in order to further any political aim, objective or cause, or to bring about any social or economic change, or in protest against any State or government, or any provincial, local or tribal authority, or for the purpose of inspiring fear in the public, or any section thereof;

(iii) Any riot, strike or public disorder or any act or activity which is calculated or directed to bring about a riot, strike or public disorder;

Sasria is striving for excellence, should we fail to deliver on our service promises, please contact Thokozile Ntshiqa on [email protected] for any complaints or alternatively, you can send an email to: [email protected]

2

(iv) Any attempt to perform any act referred to in clause (i), (ii) or (iii) above;

(v) The act of any lawfully established authority in controlling, preventing, suppressing or in any other way dealing with any occurrence referred to in clause (i), (ii), (iii) or (iv) above.

NOTE:

In this Coupon Policy, the term “Public Disorder” shall be deemed to include civil commotion, labour disturbances or lockouts.

PROVIDED that:

Notwithstanding anything to the contrary, where One Insured is insured by one or more current and valid insurance (other than Contract Works and/or Construction Plant and or Motor) issued by or on behalf of the Company, the annual aggregate liability of the Company under all such Insurances shall be limited to the sum of R500 million (five hundred million Rand), or up to R 1,5 billion, if the Insured has chosen the optional Excess of Loss R 1 billion cover, where the property insured is in the Republic of South Africa.

For this purpose ONE INSURED shall mean:

Any Single One Insured, a Holding Company and all it’s Subsidiaries (as contemplated exclusively by the Companies Act, 1973) or Subsidiary of the Holding Company

In the case of One Insureds other than Companies, the Company reserves the right to determine who the One Insured is for this purpose.


3

PROVIDED FURTHER that this insurance does not cover:

(a) Consequential or indirect loss or damage of any kind or description whatsoever, other than loss of rent if specifically insured, which shall be limited to a period not exceeding that required to render the building tenantable;

(b) Loss or damage resulting from total or partial cessation of work, or the retardation or interruption or cessation of any process or operation;

(c) Loss or damage occasioned by permanent or temporary dispossession resulting from confiscation, commandeering or requisitioning by any lawfully constituted authority.

(d) NUCLEAR/CHEMICAL/BIOLOGICAL TERRORISM EXCLUSION

It is agreed that, regardless of any contributory cause(s), this insurance does not cover loss (es) in any way caused or contributed to by an act of terrorism involving the use or release or the threat thereof of any nuclear weapon or device or chemical or biological agent.

For the purpose of this exclusion an act of terrorism means an act, including but not limited to the use of force or violence and/or the threat thereof, of any person or group(s) of persons, whether acting alone or on behalf of or in connection with any organization(s) or government(s), committed for political, religious, ideological or personal purposes or reasons including the intention to influence any government and / or to put the public, or any section of the public in fear.


4

(e) This policy does not cover loss or damage caused directly or indirectly by or through or in consequence of any occurrence for which a fund has been established in terms of the War Damage Insurance and Compensation Act, 1976 (No. 85 of 1976) or any similar Act operative in South African territory to which this policy applies.

If it is alleged that by reason of this exclusion any loss (es) is not covered by this Coupon the burden of providing the contrary shall be upon the insured.

CLAIMS NOTIFICATION

The Agent or Intermediary will advise Sasria of a loss within thirty (30) days from the date they receive the claim.

A claim shall not be payable if twenty four (24) months have elapsed since the occurrence of the Insured Event unless the claim is subject of pending legal action or final assessment of the loss by the Insurer have not been reached.

CONTRACTUAL VALUE

Where Property Insured is extended under the Replacement Value Clause and is the subject of a lease, rental, hire or similar agreement which requires the Insured to insure and/or be responsible for the property at an agreed value then the measure of cover provided shall be the agreed value as stipulated in the lease, rental or hire agreement. The definition set out under the Basis of Loss Settlement on the underlying policy shall not apply in respect of a claim under this clause but always limited to the total Sum Insured.


5

CONDITIONS

Misrepresentation, misdescription and non-disclosure

Misrepresentation, misdescription or non-disclosure in any material particular shall render voidable the particular item, section or sub-section of the policy, as the case may be, affected by such misrepresentation, misdescription or non-disclosure.

Continuation of cover (where premium is payable by bank debit order or by transmission account)

The premium is due in advance and, if it is not received by the company by due date, this insurance shall be deemed to have been cancelled at midnight on the last day of the preceding period of insurance unless the insured can show that failure to make payment was an error on the part of his Intermediary or Sasria agent.

Transfer

Nothing contained in this Policy shall give any rights against Sasria to any person other than the Insured. Sasria shall not be bound by any passing of the interest of the Insured otherwise than by death or operation of law.

Arbitration

(a) If any difference shall arise as to the amount to be paid under this Policy (liability being otherwise admitted) such difference shall be referred to Arbitration in accordance with the Arbitration laws for the time being in force in the Republic of South Africa, and at such place as Sasria may determine.


6

(b) Where any difference or dispute is in terms of paragraph (a) above to be referred to Arbitration the award of the Arbitor(s) shall be final and binding and the making of such award shall be a condition precedent to any right of action against Sasria under this Policy.

Company’s rights after an event

(a) On the happening of any event in respect of which a claim is or may be made under this policy, the company and every person authorised by them may, without thereby incurring any liability and without diminishing the right of the company to rely upon any conditions of this policy,

(i) take, enter or keep possession of any damaged property and deal with it in any reasonable manner. This condition shall be evidence of the leave and licence of the insured to the company to do so. The insured shall not be entitled to abandon any property to the company whether taken possession of by the company or not,

(ii) take over and conduct in the name of the insured the defence or settlement of any claim and prosecute in the name of the insured for their own benefit any claim for indemnity or damages or otherwise and shall have full discretion in the conduct of any proceedings and in the settlement of any claim. No admission, statement, offer, promise, payment or indemnity shall be made by the insured without the written consent of the company.


7

(b) The insured shall, at the expense of the company, do and permit to be done all such things as may be necessary or reasonably required by the company for the purpose of enforcing any rights to which the company shall be, or would become, subrogated upon indemnification of the insured whether such things shall be required before or after such indemnification.

SPECIAL CONDITIONS

1. It is a condition precedent to any liability that at the time of the happening of any occurrence given rise to a loss in terms of this Coupon Policy there shall be in force the Underlying Policy covering the interest of the Insured in all the property insured by this Coupon Policy against loss or damage by fire.

2. All the terms, conditions, exclusions, exceptions and warranties applicable to the Underlying Policy, other than:

(a) Exception A(i), A(iii)(b), A(iv), A(v), A(vi) and A(vii) to the extent that A(vii) refers to A(i), A(iii)(b ), A(iv), A(v) and A(vi);

And

(b) The Burden of Proof Clause set out in Exception A to the extent that such Clause refers to the Exceptions listed in (a) above;

(c) Any excess, deductible or similar payment to be met by the Insured in terms of the Underlying Policy;


8

(d) The Sasria Coupon incorporates the Terms, Conditions, Exceptions, Exclusions and Warranties of the underlying Policy to which it attaches. It does not automatically incorporate the Extensions. In order to cater for the Extensions, the Sasria Sum Insured must be increased by the value of the Extension and a premium charged for the said Extension. In this instance a schedule showing a breakdown of all additional covers included (together with the sum insured) must be attached to the coupon;

(e) Where required by the Insurer, the Insured shall at the commencement of such insurance and when required provide the Insurer with a written estimate of the cost at such date of reinstatement of the Property Insured to which this section applies made and certified by a Valuator acceptable to the Insurer.

The Sum Insured under the policy and this section in respect of each item will not be less than the amount of such estimate, and may be adjusted for renewal provided this is done within a two months period of the renewal date.

(f) Where a building or structure is destroyed, the Insured is entitled to carry out the replacement by an equivalent building upon another site and in any manner suitable to the requirements of the Insured provided that the Insurer’s liability does not exceed the cost which would have been incurred had reinstatement been carried out on the original location.

shall be deemed to be incorporated in this Coupon Policy and shall as a condition precedent to any liability hereunder relate to and be complied with by the Insured accordingly.


9

Memorandum

The reference to Exceptions A(i), A(iii)(b), A(v), A(vi) and A(vii) and to the Burden of Proof Clause in Exception A is a reference to those Exceptions as they appear in the Standard S.A.I.A. Exceptions which the Nominated Insurer is obliged to incorporate in his Policy. Should the numbering in the Underlying Policy not correspond with the numbering of the Standard S.A.I.A. Exceptions the above references shall apply to the corresponding Exceptions in the Underlying Policy mutatis mutandis.

3. If the property covered in terms of the attached Schedule shall at the commencement of any destruction of or damage to such property by any peril insured hereby be collectively of greater value than the total sum insured stated herein, then the Insured shall be considered as his own insurer for the difference and shall bear a rateable share of the loss accordingly. Every item, if more than one, shall be separately subject to this consideration.

4. Any adjustment of Premium Clause or Condition in the Underlying Policy shall not be applicable to this Coupon Policy.

5. No alteration of this Coupon Policy is valid unless signed by a Director of the Company.

6. Any Reinstatement Value Conditions in the Underlying Policy shall be applicable to this Coupon Policy except insofar as it relates to Motor Vehicles.

7. The cover granted by this Coupon Policy shall apply to property situated in the Republic of South Africa.


February 2017

GAME & WILDLIFEINSURANCEApproved Lloyd’s Coverholder

Pin 112897CJS

Documents

KUDA GAME POLICY WORDING - kuda.co.za file• Kuda Holdings (Pty) Ltd or its representative contravened or failed to comply with a provision of the Act and as a result you have suffered,