Logistics Solutions - RSA Broker Solutions... · Policy (Logistics Solutions LS03 WD083C) Page 1 of 25 Logistics Solutions THIS POLICY (AND THE SCHEDULE WHICH FORMS AN INTEGRAL PART

Policy (Logistics Solutions LS03 WD083C) Page 1 of 25

Logistics Solutions

THIS POLICY (AND THE SCHEDULE WHICH FORMS AN INTEGRAL PART OF THE POLICY) IS A LEGAL CONTRACT. PLEASE EXAMINE IT THOROUGHLY TO ENSURE IT MEETS YOUR REQUIREMENTS. IF IT DOES NOT PLEASE ADVISE YOUR INTERMEDIARY AS SOON AS REASONABLY POSSIBLE. WE WOULD REMIND YOU THAT YOU ARE REQUIRED TO INFORM US AS SOON AS REASONABLY POSSIBLE OF ANY FACTS OR CHANGES WHICH WE WOULD TAKE INTO ACCOUNT IN OUR ASSESSMENT OR ACCEPTANCE OF THIS INSURANCE. FAILURE TO DO SO MAY INVALIDATE YOUR POLICY OR RESULT IN CERTAIN COVERS NOT OPERATING FULLY. IF YOU ARE IN ANY DOUBT AS TO WHETHER A FACT IS MATERIAL OR NOT, PLEASE CONTACT YOUR

INTERMEDIARY.

Royal & Sun Alliance Insurance plc (we) and the Insured (you) agree that: 1. this policy, the schedule (including any schedule issued in substitution) and any endorsements

shall be considered one document and 2. all statements made and information supplied by you or on your behalf for our consideration are

warranted by you to be true and shall be incorporated into and shall form the basis of this contract of insurance and

3. the truth of statements made and information given by you or on your behalf (which shall be the

basis of the contract and incorporated into this policy) shall also be conditions precedent to our liability to make any payment under this policy and

4. we will provide the insurance described in this policy (subject to the terms set out herein) for the

period of insurance shown in the schedule and any subsequent period for which you shall pay and we shall agree to accept the premium.

This policy shall not be in force unless the schedule has been initialled by an authorised official of the Royal & Sun Alliance Insurance plc.

A Brown

UK Chief Executive Royal & Sun Alliance Insurance plc


CONTENTS

PAGE 3 - 6 GENERAL DEFINITIONS 7 SECTION 1 LIABILITY FOR CARGO 8 - 9 SECTION 2 ERRORS AND OMISSIONS 10 - 11 SECTION 3 INSURED EQUIPMENT 12 - 13 SECTION 4 GENERAL EXTENSIONS

14 - 15 SECTION 5 OPERATIONAL THIRD PARTY LIABILITY 16 GENERAL CONDITIONS 17 - 18 GENERAL TERMS 19 CLAIMS CONDITIONS 20 - 22 GENERAL EXCLUSIONS 23 - 24 CUSTOMER COMPLAINTS 25 FAIR PROCESSING NOTICE


GENERAL DEFINITIONS

The following expressions shall have the meanings set out below wherever they appear in bold in this policy, any schedules and/or endorsements. Words denoting the singular shall include the plural and vice versa.

Added value services

Any manual and/or automated processing of cargo undertaken in addition to and conjunction with other insured services at own or subcontractor sites

Air transport The arrangement and/or undertaking by you of the carriage of cargo by air, including incidental services

Asbestos Crocidolite, amosite, chrysotile, fibrous actinolite, fibrous anthophyllite or fibrous tremolite or any mixture containing any of those minerals

Asbestos containing materials

Any material containing asbestos or asbestos dust

Asbestos dust Fibres or particles of asbestos

Attended Either: a) under constant surveillance or b) loaded upon a road conveyance which is occupied by an authorised person

Authority Central or local government or agency of such government

Bodily injury Bodily injury, death, disease and/or illness

Cargo Goods and/or merchandise (but not third party equipment) in your or any subcontractor’s care, custody or control for reward for the purposes of the insured services

Container Any demountable carrying unit (including any ISO container, tank container or flat rack)

Conveyance Any means of transport other than a road conveyance

Countries of domicile

Countries in which you, any of your divisions, subsidiary or associated companies are domiciled

Customer Any party who contracts you to perform your insured services

Data Information represented or stored electronically including code or series of instructions, software programs and firmware

Deductible The amount for which you are responsible for each and every claim arising out of any one event

Employee Any of the following while under your direct control and/or supervision and whilst working for you in connection with the insured services: a) person under a contract of service or apprenticeship with you b) person hired to or borrowed by you (including those supplied by an employment

agency) c) labour master d) person supplied by any person under a contract of service or apprenticeship with

you e) individual employed by labour only subcontractors f) individual undertaking study or work experience g) person working under the Community Offender Act 1978 or similar legislation h) prospective employees being assessed by you as to their suitability for

employment i) person managed by you under a contract to provide an insured service j) self employed person providing you with labour only and not being in partnership

with you nor being your franchisee

Event Any one occurrence or all occurrences of a series consequent upon or attributable to one originating cause


GENERAL DEFINITIONS (Continued)

Excluded cargo Money; securities for money; negotiable instruments; unused postage stamps and

anything of a similar nature to any of the above

FIATA

The Standard Conditions (1992) governing the Negotiable FIATA Multimodal Transport Bill of Lading and/or The Standard Conditions (1997) governing the Non-negotiable FIATA Multimodal Transport Waybill

General liability insurance

An insurance policy covering your general liability for accidental bodily injury and/or accidental property damage such as public liability insurance, or equivalent but not insurances for specific liabilities such as motor insurance, professional indemnity insurance and/or similar

Geographical limits

The geographical limits shown in the schedule for the respective insured service or section

Hazardous cargo Cargo as defined within the International Maritime Dangerous Goods (IMDG) Code current at the time of the event giving rise to a claim under this policy

High risk cargo

a) Precious metals and/or stones and/or articles made of or containing precious metals and/or stones

b) living creatures c) watches with a retail value exceeding 250 SDRs each d) processed tobacco and/or tobacco products e) mobile telephones, smart phones, electronic organisers, palm-top computers

(but not laptop, tablet and/or slate computers) and/or similar equipment f) microchips, microprocessors, memory in component form and central

processing units and/or similar

Incidental services

Those incidental services customarily provided within the industry as part of the insured service including (but not limited to): a) loading and unloading b) incidental carriage by any other means of transport c) storage during the ordinary course of transit excluding storage and/or added value services

Industry standard contracts

FIATA and/or national association standard terms of business for forwarding, road carriage and/or warehousing

Insured contracts The contract conditions shown in the schedule

Insured equipment

The insured equipment shown in the schedule which is: a) owned by, hired by, leased or loaned to you and/or b) in your or any subcontractor’s care, custody or control and for which you

have: 1. received instructions to insure or 2. agreed to provide indemnity

Insured services The insured services shown in the schedule

International conventions

Any convention for the international carriage of goods including supplementary protocols or amendments

Inventory loss

Any difference between the actual amount of cargo in storage and the amount recorded by your customer (or you, if not recorded by your customer) unless you have shown to our satisfaction that such difference resulted from theft

Legal costs

a) Any costs awarded against you or otherwise payable by you to other parties and

b) your legal fees, costs and expenses: but only: 1. in respect of that part of any dispute agreed by us to be covered by this policy

and 2. where we have exercised our option under Claims Condition 2 to take over and

conduct in your name the investigation, dealing, settlement and litigation of the claim


GENERAL DEFINITIONS (Continued)

Mis-delivered cargo

Cargo which has left your or any subcontractor’s care, custody or control following failure to deliver in accordance with instructions by reason of any negligent: 1. act and/or 2. error and/or 3. omission by you, any employee or subcontractor.

North America The United States of America, Canada, their territories or possessions and Puerto Rico

Own conditions Your own contract conditions which have been seen and agreed by us

Own site Any premises (including land and all buildings on such land sharing any common boundary) owned, operated or occupied by you, including sites managed by you under a contract to provide an insured service

Period of insurance

The period of insurance shown in the schedule being London local time

Policy limit The maximum amount we will pay for any claim or series of claims arising out of any one event

Pollutant Any solid, liquid, gaseous or thermal irritant or contaminant, including (but not limited to): smoke, vapour, soot, dust, fumes, acids, alkalis, petroleum substance or derivative chemicals and waste. The expression “waste” includes materials to be recycled, reconditioned or reclaimed

Pollution The emission, discharge, dispersal, release or escape of any pollutant into or upon land, sea, the atmosphere, any watercourse or body of water including (but not limited to): ground water, soil, sub-soil, sub-surface, coastal waters, surface water, lake, river or sea water or international waters

Property damage Physical loss of or damage to material property other than cargo, third party equipment and/or data

Rail transport The arrangement and/or undertaking by you of the carriage of cargo by rail, including incidental services

Road conveyance Any road vehicle, road vehicle and attached trailer, or detached trailer

Road transport The arrangement and/or undertaking by you of the carriage of cargo by road, including incidental services

Section limit The maximum amount we will pay under each section of this policy: a) for any claim or series of claims arising out of any one event and b) in total for the period of insurance if the section limit is shown as “in the

aggregate” Section limits are inner limits contained within the policy limit

Slot charter Voyage charter of space on any ship or barge

Storage The arrangement and/or undertaking by you of the storage of cargo including associated: a) stock rotation b) inventory management c) management of a customer’s site d) incidental carriage within and/or between own and subcontractors sites e) incidental services other than storage during the ordinary course of transit and

incidental carriage by any other means of transport

Sub-limit The maximum amount we will pay: a) for any claim or series of claims arising out of any one event or b) in total for the period of insurance if the sub-limit is shown as “in the

aggregate” Sub-limits are inner limits contained within the policy limit or section limit as applicable

Subcontractor Any party (other than an employee) contracted to arrange and/or undertake part of your insured services (including franchisees or successive subcontractors)


GENERAL DEFINITIONS (Continued) Subcontractor’s site

Any premises (including land and all buildings on such land sharing any common boundary) owned, operated or occupied by any subcontractor engaged by you, including sites that you have engaged a subcontractor to manage on your behalf

Support services The following activities where these are directly connected to the insured services:- a) operating any office b) the provision and management of:

1. canteen, social, sports and welfare facilities 2. first aid, ambulance and medical services for the benefit of any employee

c) fire and security services maintained solely for the protection of own sites d) the ownership, repair and maintenance of your land and/or buildings e) the provision of car parks f) the repair or servicing of vehicles and/or trailers other than for reward g) attendance at or participation in trade fairs shows and exhibitions by you or any

employee or director in connection with their employment h) the leasing of buildings and/or fixtures and fittings

Terminal operation

The arrangement and/or undertaking by you of the loading and/or unloading of cargo onto or from any road or rail conveyance including incidental services other than incidental carriage

Terrorism Any act including the use of force or violence or the threat thereof, by any person or group of persons (whether acting alone or on behalf of or in connection with any organisation or government) committed for political, religious, ideological or similar purposes (including the intention to influence any government or to put the public or any section of the public in fear)

Third party equipment

Trailers and/or containers other than insured equipment in your or any subcontractor’s care, custody or control for the purposes of your insured services; but not trailers and/or containers owned, hired or leased by you or loaned to you, or for which you have received instructions to insure, or for which you have agreed to provide an indemnity

Trailer Any trailer, semi-trailer, chassis or similar unit designed to be towed by a vehicle

Turnover The total amount which is charged by you for your insured services including amounts paid or payable to subcontractors engaged by you, but excluding customs duty, sales tax or similar charges For open book and cost plus contracts this is all amounts charged by you to your customer for provision of your insured services including but not limited to cost and expenses incurred on behalf of your customer, management fees and other remuneration

Under constant surveillance

Where you, any employee, subcontractor, or professional security guard has the cargo (or any road conveyance on which it is loaded) under constant observation and at the same time has a reasonable prospect of preventing any unauthorised interference with the cargo (and/or road conveyance)

Vehicle Any mechanically propelled vehicle (including any attached machinery or apparatus)

Water transport The arrangement and/or undertaking by you of the carriage of cargo by sea and/or inland waterway, including incidental services

We/our/us Royal & Sun Alliance Insurance plc

You/your The Insured shown in the schedule


SECTION 1 LIABILITY FOR CARGO

COVER

You are covered to the extent provided by this policy for your liability in respect of the insured services for physical loss of or damage to cargo occurring within the geographical limits during the period of insurance.

EXTENSIONS You are also covered to the extent provided by this policy in respect of the insured services for:

Legal costs 1. legal costs. Temperature change

2. your liability for physical loss of or damage to cargo occurring within the geographical limits during the period of insurance caused by a change in temperature whilst such cargo is in a temperature controlled: a) road conveyance b) warehouse or part of at any own or subcontractor’s site c) container whilst on a road conveyance.

Consequential loss

3. your liability for financial loss arising from physical loss of or damage to cargo occurring within the geographical limits during the period of insurance.

TERMS Terrorism outside the ordinary course of transit

The following additional terms apply to this section: 1. The maximum amount we will pay under this Section for any claim caused by or

arising from terrorism (regardless of any other cause or occurrence contributing concurrently or in any other sequence) in respect of cargo whilst outside the ordinary course of transit is the sub-limit shown in the schedule.

.

EXCLUSIONS In addition to the general exclusions you are not covered:

1. for natural deterioration of cargo.


SECTION 2 ERRORS AND OMISSIONS

COVER

You are covered to the extent provided by this policy for your liability in respect of the insured services for financial loss incurred by your customer where a claim is made against you during the period of insurance arising from breach of duty by reason of any negligent: 1. act and/or 2. error and/or 3. omission by you, any employee or subcontractor.


Legal costs 1. legal costs.

Delay 2. your liability for financial loss under: a) international conventions, compulsorily applicable road transport law or

where you have contracted or intended to contract with your customer under industry standard contracts (including those where the standard financial limits of liability for loss or damage to cargo have been increased or amended)

b) other contracts or law incurred by your customer due to delay where a claim is made against you during the period of insurance arising from breach of duty by reason of any negligent: 1. act and/or 2. error and/or 3. omission by you, any employee or subcontractor.

Surrender of bills of lading

3. your liability for financial loss where a claim is made against you during the period of insurance arising from the: a) accidental release of cargo by you, any employee or subcontractor

without surrender of the original bill of lading or similar document where you have an effective system in continuous use throughout the period of insurance to prevent such release by you or any employee

b) deliberate release of cargo by you, any employee or subcontractor without surrender of the original bill of lading or similar document where you have followed written instructions given by us.

Mis-delivered cargo

4. your liability for claims made against you during the period of insurance for: a) physical loss of or damage to mis-delivered cargo and b) financial loss arising from such physical loss or damage.

Receiving error 5. your liability for: 1. physical loss of or damage to goods in your care custody or control which

have been mistakenly received by you or your employees as cargo 2. financial loss arising from physical loss of or damage to such goods occurring within the geographical limits during the period of insurance.

Failure to insure 6. your liability for claims made against you during the period of insurance in respect of: a) failure to arrange (or to correctly arrange) insurance of cargo b) additional liability for cargo incurred as a result of failure to arrange (or to

correctly arrange) insurance by reason of any negligent: 1. act and/or 2. error and/or 3. omission by you, any employee or subcontractor.


SECTION 2 ERRORS AND OMISSIONS (Continued)

EXCLUSIONS In addition to the general exclusions you are not covered for: 1. claims or any part of any claim that is or would be recoverable under any other

section of this policy even if: a) you do not have the benefit of that section b) your liability exceeds the applicable section limit or sub-limit c) you are not covered by virtue of the terms applicable to that section.

2. claims arising from dishonest, fraudulent, criminal or malicious acts by you or any employee.

3. any claim in respect of defamation, libel or slander. 4. any claim in respect of delay to cargo except as provided for in Extension 2

(Delay). 5. any claim arising from any breach of any obligation owed by you as employer to

any employee. 6. any claim arising from added value services. 7. any claim:

a) for financial loss following loss of or damage to cargo b) arising from loss of or damage to property except as provided for in Extension 4 (Mis-delivered cargo) and Extension 5 (Receiving error).

8. any claim arising from pollution.

9. any claim arising from bodily injury.


SECTION 3 INSURED EQUIPMENT

COVER

You are covered to the extent provided by this policy for physical loss of or damage to the insured equipment occurring within the geographical limits during the period of insurance.

EXTENSIONS You are also covered to the extent provided by this policy:

Continuing hire charges

1. for your liability under any lease, hire or other agreement for continuing hire charges following physical loss of or damage to the insured equipment occurring within the geographical limits during the period of insurance.

Removal costs 2. for reasonable costs incurred by you to remove, transport and/or dispose of damaged and unsalvageable insured equipment as a result of:

fire; lightning; explosion; aircraft; earthquake; riot; civil commotion; malicious damage; storm; flood; theft; impact by, collision of or overturning of the road conveyance or conveyance

occurring within the geographical limits during the period of insurance.

War risks 3. for physical loss of or damage to the insured equipment occurring whilst on board a ship within the geographical limits during the period of insurance caused by: a) war, civil war, revolution, rebellion, insurrection, or civil strife arising from

any of these b) any hostile act by or against a belligerent power c) derelict mines, derelict torpedoes, derelict bombs, or other derelict weapons

of war. For the purposes of this extension the expression “ship” means a vessel carrying the insured equipment from one port or place to another where such voyage involves a sea passage by that vessel.

You are not covered for claims caused by or arising from the outbreak of war (whether there be a declaration of war or not) between any of the following countries: United Kingdom, United States of America, France, the Russian Federation, the People‟s Republic of China.

This extension may be cancelled by us giving 7 days notice (such cancellation becoming effective on the expiry of 7 days from midnight of the day on which notice of cancellation is issued by us).

Whether or not such notice of cancellation has been given this extension shall terminate automatically: a) upon the occurrence of any hostile detonation of any weapon or device as

defined in General exclusion 12c) b) upon the outbreak of war (whether there be a declaration of war or not)

between any of the following countries: United Kingdom, United States of America, France, the Russian Federation, the People‟s Republic of China

c) if the insured equipment is requisitioned, either for title or use.


SECTION 3 INSURED EQUIPMENT (Continued)

TERMS The following additional terms apply to this section:

Declared value 1. For:

a) insured equipment owned by or loaned to you the value declared to us must represent the total market value of all such insured equipment

b) all other insured equipment the value declared to us must represent your total liability for physical loss of or damage to such insured equipment in accordance with any applicable lease, hire or other agreement.

Basis of settlement

2. At our option we will: a) pay for the repair or replacement of the insured equipment or b) arrange for the work of repair or replacement of the insured equipment. We will not pay more than: 1. the market value of the insured equipment at the time of the loss or

damage or 2. your liability for physical loss of or damage to such insured equipment

under any applicable lease, hire or other agreement.

EXCLUSIONS In addition to the general exclusions you are not covered for:

1. wear, tear, gradual deterioration, or rusting. 2. mechanical, electrical and/or electronic breakdown, failure and/or derangement

of the insured equipment. 3. damage to tyres by punctures, cuts, bursts or the application of brakes. 4. any claim in respect of inherent vice or latent defect or defect in design,

manufacture or maintenance of the insured equipment. 5. any claim where you have contracted to hire out or lease out insured

equipment other than as part of the provision of any insured service. 6. mysterious disappearance and/or unexplained loss of insured equipment hired

out or leased out or loaned out by you. 7. any claim arising from insolvency or financial default. 8. repatriation and/or repositioning. 9. any claim caused by or arising from terrorism regardless of any other cause or

occurrence contributing concurrently or in any other sequence. This exclusion does not apply to trailers and/or containers.


SECTION 4 GENERAL EXTENSIONS

COVER You are covered to the extent provided by this policy:

Third party equipment

1. for your liability in respect of the insured services for: a) physical loss of or damage to third party equipment occurring within the

geographical limits during the period of insurance b) continuing hire charges following such physical loss of or damage c) legal costs.

Redirection costs 2. in respect of the insured services for reasonable additional freight costs incurred by you in redirecting cargo that has been misdirected as the result of an error committed by you, any employee or subcontractor during the period of insurance. You are not covered for extra costs if you use any expedited method of redirecting the cargo unless agreed by us to be necessary.

Mitigation 3. for: a) reasonable costs incurred by you and/or b) any costs incurred with our agreement to minimise a claim under this policy.

Removal costs 4. in respect of the insured services for reasonable costs incurred by you to remove, transport and/or dispose of damaged and unsalvageable: a) cargo and/or third party equipment from own sites b) cargo from:

1. road conveyances and/or 2. other conveyances and/or 3. containers owned or operated by you

as a result of: fire; lightning; explosion; aircraft; earthquake; riot; civil commotion; malicious damage; storm; flood; theft; impact by, collision of or overturning of the road conveyance or conveyance

occurring within the geographical limits during the period of insurance. You are not covered under this extension for costs arising from pollution.

Lien 5. in respect of the insured services for physical loss of or damage to cargo in respect of which you are properly exercising a lien provided that such loss or damage occurs whilst the cargo is being: a) loaded upon, carried by or unloaded from any road conveyance or

conveyance b) held in a building for a period not exceeding 14 days within the geographical limits during the period of insurance.

You are not covered for: a) theft from a building which does not involve forcible and violent means b) more than the amount of the debt properly the subject of the lien or the

value of the cargo whichever is the least c) any claim:

1. for mechanical, electrical and/or electronic breakdown, failure and/or derangement

2. arising from insufficiency or unsuitability of packing or preparation for packing

3. wear, tear and/or gradual deterioration.


SECTION 4 GENERAL EXTENSIONS (Continued) General average and salvage charges

6. for your liability in respect of the insured services for: a) cargo’s b) insured equipment’s c) third party equipment’s contribution to general average and salvage charges where the general average or salvage act occurs within the geographical limits during the period of insurance. If required we will issue a general average guarantee for an amount not exceeding the applicable sub-limit. Where we issue such a guarantee for cargo or third party equipment you must indemnify us for any liability incurred under such guarantee as the result of the release or authorisation of release of such cargo or third party equipment without our agreement.

Liability to authorities

7. for your liability in respect of the insured services to a customs authority for claims made against you during the period of insurance for duty and/or taxes: a) arising from physical loss of or damage to cargo b) and/or monetary fines arising from breach of cargo import and/or export

regulations other than duty suspension regulations c) and/or monetary fines arising from breach of cargo in duty suspension

regulations.

You are not covered: 1. unless you prove to our satisfaction that such duty and/or taxes and/or

monetary fines are not recoverable from your customer 2. unless you have contracted or intended to contract with your customer

under conditions containing an indemnity from your customer for duty and/or taxes and/or monetary fines

3. for any claim arising from deliberate breach of regulations by you or any employee

4. for any claim in respect of freight tariffs and/or anti-dumping duty 5. where you allow use of your bond or guarantee for goods and/or

merchandise outside your or any subcontractors care, custody or control.

In respect of sub-clause c. of this extension you are not covered: 1. for any claim arising from physical loss of or damage to cargo 2. in respect of cargo transported or stored by you or any subcontractor prior

to the inception of this extension 3. for any claim in respect of processed tobacco and/or tobacco products.


SECTION 5 OPERATIONAL THIRD PARTY LIABILITY

COVER

You are covered to the extent provided by this policy for your liability in respect of the insured services for accidental: 1. bodily injury and/or 2. property damage occurring within the geographical limits during the period of insurance.


Legal costs 1. legal costs. Consequential loss

2. your liability for financial loss arising from accidental: a) bodily injury and/or b) property damage occurring within the geographical limits during the period of insurance.

CONDITION

General liability insurance

It is a condition precedent to our liability to make any payment under this section that you have in force general liability insurance in respect of the insured services and countries of domicile at all times during the period of insurance.

EXCLUSIONS In addition to the general exclusions you are not covered for liability:

1. arising from or out of any vehicle and/or trailer:

1. owned by, hired by or leased or loaned to you or 2. operated or used by you or on your behalf. This exclusion does not apply to liability arising from or out of: a) the use of any vehicle and/or trailer as a tool of trade on site b) the use of any vehicle and/or trailer at any own site c) the loading or unloading of any vehicle and/or trailer d) any detached trailer e) any vehicle and/or trailer in your care, custody or control as cargo except where: 1. you are required by law to insure, register or provide security in respect of

such vehicle and/or trailer or 2. indemnity is provided to you by any motor insurance contract.

2. as owners, managers or operators of any trailer in North America.

3. as owners, managers, operators or charterers of any: a) waterborne vessel or craft b) hovercraft c) aircraft or other aerial device d) railway locomotive and/or rolling stock. This exclusion does not apply to any slot charter.


SECTION 5 OPERATIONAL THIRD PARTY LIABILITY (Continued)

EXCLUSIONS 4. for or arising from property damage where such property is owned by or held in trust by or in the care, custody or control of you other than: a) any conveyance and/or road conveyance in your care, custody or control

for the purposes of loading and/or unloading b) employees', directors' or visitors' personal effects including vehicles and

their contents c) premises and their contents not owned by or leased or rented to you at

which you are undertaking an insured service d) premises and their fixtures and fittings leased or rented to you unless such

liability has been accepted by agreement in which case the indemnity will only be provided to the extent that such liability would have attached in the absence of such agreement.

5. for bodily injury sustained by any: a) employee b) self employed person not being in partnership with you arising out of and in the course of the employment of that person by you.

6. for bodily injury, property damage, remediation costs or liability of whatsoever nature directly or indirectly caused or contributed to or occurring by the presence of asbestos, asbestos containing materials or asbestos dust or the release of asbestos dust or the exposure of persons, buildings or property to asbestos, asbestos containing materials or asbestos dust.

7. for compensation ordered or awarded by a Court of Criminal Jurisdiction.

8. assumed under contract or agreement that would not have attached in the absence of such contract or agreement.

9. arising from hazardous cargo transported or stored in tankers, tanktainers, flexitanks, road barrels, silos, storage tanks and/or similar.

10. arising from any: a) added value services b) support services c) erection, installation and/or dismantling of cargo d) pollution unless caused by a sudden, identifiable, unintended and

unexpected incident which takes place in its entirety at a specific moment in time and place during any period of insurance. Provided that all pollution which arises out of one incident shall be considered by us for the purposes of this policy to have occurred at the time such incident takes place.

11. for any amounts: a) within any deductible, excess or other self-insurance of b) in excess of any limit applying to c) covered by the general liability insurance referred to in the general liability insurance condition above.

12. arising from terrorism regardless of any other cause or occurrence contributing concurrently or in any other sequence.


GENERAL CONDITIONS The following are conditions precedent to our liability to make any payment under this policy: Air waybills and house bills

1.

a) Any air waybill or house air waybill issued by you or on your behalf must include a notice to the effect that if the carriage involves an ultimate destination or stop in a country other than the country of departure, the Warsaw Convention may be applicable and the Convention governs and in most cases limits the liability of the carriers in respect of loss of or damage to cargo.

b) You must only issue air waybills with the agreement of the third party air carrier and any such air waybill must contain the contract conditions of such third party air carrier on the reverse.

c) Any house bill of lading or house air waybill issued by you or on your behalf must contain the applicable insured contract on the reverse.

This condition does not apply to Section 3 (Insured equipment) and Section 5 (Operational third party liability).

Changes to the risk

2. You must advise us as soon as reasonably possible of any material alteration or change in circumstances affecting this insurance or risk or any material alteration or change in the facts stated or supplied to us. Until we have agreed to accept such alteration or change we shall not be liable in respect of any claim incurred due to such alteration or change.

Contracts 3. You must have an effective system in continuous use throughout the period of insurance to contract with your customers under the insured contracts. However you will still be covered if as the result of an isolated error or omission by you or any employee you fail to contract with the customer under the insured contracts.

This condition does not apply to: a) road transport where your liability for loss or damage to cargo is

governed by compulsorily applicable transport law b) Section 3 (Insured equipment) and Section 5 (Operational third party

liability).

Reasonable precautions

4. You must take reasonable precautions to prevent, minimise or mitigate any loss, damage or liability which may give rise to a claim under this policy.


GENERAL TERMS Amount payable 1. The maximum amount we will pay will be the lesser of:

a) the policy limit or b) the applicable section limit or c) the applicable sub-limit less the amount of any applicable co-insurance and deductible.

Any amounts payable for legal costs will be paid in addition to the applicable policy limit, section limit or sub-limit. If your liability for damages covered by this policy exceeds such policy limit, section limit or sub-limit then we will not pay more than that proportion of the legal costs that our liability under this policy bears to the total amount payable by you.

In respect of any event in North America or any claim which is brought in North America the policy, section and sub-limits are inclusive of all legal costs.

At our option we may at any time pay: a) the applicable policy limit, section limit or sub-limit (less any sums

already paid) or b) any lesser amount for which the claim against you may be settled. We will then relinquish control of such claim and have no further liability in respect of it except for legal costs incurred prior to the date of such payment.

Cancellation 2. We may cancel this policy at any time: a) by giving 30 (thirty) days notice to that effect in writing by pre-paid letter

post to either your insurance intermediary or your last known address, in which case we will refund the difference (if any) between the adjusted premium for the period during which insurance was in force and the premium actually paid or

b) with immediate effect and without notice if you: 1. cancel any credit agreement relating to this policy and then fail to pay

to us immediately the full amount of the premium or 2. fail to take the action specified in any default notice issued by us

before the date shown in it or fail to pay a first instalment of premium.

Claims made 3. For any claims made cover, if during any period of insurance you become aware of and notify us of circumstances which may result in a claim, any resulting claim shall be dealt with as if it had been made against you during such period of insurance. You are not covered for the consequences of any circumstances known to you at the inception of this policy which might reasonably have been expected to produce a claim.

Contracts (Rights of Third Parties) Act 1999

4. A person or company who is not a party to this policy has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this policy but this does not affect any right or remedy of a third party which exists or is available apart from that Act.

Disclosure 5. This policy shall be voidable by us if you have failed to disclose or have misrepresented or misdescribed any material information.


GENERAL TERMS (Continued) Fraud 6. All benefit paid or which would otherwise be payable under this policy shall be

forfeited if any claim under this policy is in any respect fraudulent.

Law applicable 7. Unless the parties have agreed otherwise in writing any dispute concerning the interpretation of this policy shall be governed and construed in accordance with English law and shall be resolved within the exclusive jurisdiction of the courts of England and Wales.

Multiple insureds 8. Where the Insured comprises of more than one party all such parties shall be treated as one party or legal entity so that there will be only two parties to the contract of insurance namely us and the parties named in the schedule as the Insured being jointly insured. Irrespective of the number of parties claiming under this policy the total amount payable by us shall not exceed any applicable policy limit, section limit or sub-limit.

Premium adjustment

9. For each period of insurance: a) you must promptly supply us with accurate declarations for each of the

variables in the premium calculation shown in the schedule b) the premium will be adjusted at the applicable rate or rates specified in the

premium calculation shown in the schedule, subject to our retention of the specified minimum premium for the period of insurance

c) any premium for insured equipment will be adjusted on the average of the total values declared in accordance with the premium calculation shown in the schedule

At the expiry of the period of insurance we have the option to charge a provisional adjustment premium. Such premium will be calculated on the greater of: a) any difference between the estimated premium for the period of

insurance and the premium already charged for the period of insurance or

b) fifty per cent of the difference between the estimates for the expiring period of insurance and subsequent period.

Multinational programmes

10. Your local subsidiaries or operations are covered to the extent provided by this policy for any amount not recoverable under any local fronting policy arranged by us due to the application of any limit, term, deductible, condition or exclusion of that policy. Where it is not permissible under local legislation to provide cover to any of your local subsidiaries or operations, You are covered for Your financial interest in the local subsidiary or operation.


CLAIMS CONDITIONS The following are conditions precedent to our liability to make any payment under this policy: Notification 1. You must notify us immediately in accordance with the contact details shown in

the schedule, of any: a) claim made against you in excess of the deductible or b) circumstances or incident which might give rise to a claim under this policy

in excess of the deductible. In respect of Section 1 (Liability for cargo) you need not notify us where the only indication of such circumstances or incident is an annotation to the delivery or release documents and the value of the cargo which is or may be lost or damaged could not reasonably be expected to exceed 10,000 SDRs in excess of the deductible.

You will still be covered if you fail to give such notification provided that the claim, circumstances or incident (whichever you are aware of first) is notified to us within three months from the time you first became aware of it and in our opinion the delay in notification has not: 1. prejudiced the investigation, defence or mitigation of the claim and 2. materially influenced the renewal or our underwriting of this policy.

Claims control and co-operation

2. In respect of any claim under this policy you must: a) not admit liability nor make any offer, promise or payment nor give indemnity

without our written consent b) send to us as soon as possible a detailed claim in writing and supply copies

of correspondence or such further particulars as may be reasonably required by us

c) at all times give us full co-operation d) allow us at our option to take over and conduct in your name the defence

or settlement of any claim or to institute or prosecute in your name for our benefit any claim for indemnity or damages or otherwise and allow us full discretion in the conduct of any proceedings or in the settlement of any claim

e) handle the defence or settlement of any claim in circumstances where we are prevented from doing so by law subject to the application of all the Claims Conditions of this policy. We will make payments in respect of such claims in a country where we are permitted to do so by law

f) allow us to act as necessary for the purposes of enforcing any rights and remedies and obtaining relief or indemnity against other parties.

Legal process 3. If you receive any writ, summons and/or legal process relating to a claim under this policy you must immediately upon receipt: a) advise us verbally, or by facsimile or e-mail and b) forward the document to us unanswered.

Notification to the police

4. you must give immediate notice to the police in respect of theft or malicious damage giving rise (or which may give rise) to a claim under this policy.

Responsible parties

5. you must take all reasonable steps to hold responsible any party who has (or may have) a liability in respect of any incident giving rise (or which may give rise) to a claim under this policy, including the giving of written notice in due time and ensuring that any time limit is protected.


GENERAL EXCLUSIONS You are not covered for: Activities 1. a) countries of domicile not shown in the schedule

b) liability as owners, managers or operators of any: 1. waterborne vessel or craft 2. hovercraft 3. aircraft or other aerial device 4. railway locomotives.

c) liability as charterers of the whole or part of any conveyance other than a slot charter where your right of recovery against the ship or barge operator is no less than under any international convention for the carriage of goods by sea or inland waterway.

d) any claim in respect of craning or porterage except as part of the provision of any insured service.

e) erection, installation and/or dismantling. f) liability arising from the exercise by you (or on your behalf) of a lien. g) any claim in respect of advice, design and/or specification provided by you

for a fee. This exclusion does not apply to Section 1 (Liability for cargo), Section 3 (Insured equipment) and Section 4 (General extensions).

h) loss of or damage to cargo whilst being worked on that results from such work and/or any financial loss arising therefrom. This exclusion only applies to added value services.

Sub-clauses b), c), e), f) and h) of this exclusion do not apply to Section 5 (Operational third party liability).

Authorities 2. a) any claim caused by, or contributed to by, or arising from destruction, damage, confiscation, expropriation, nationalisation, or deprivation by any authority.

b) your liability to any authority for duty, taxes, and/or monetary fines except as provided for in Extension 7 (Liability to authorities) of Section 4 (General extensions).

Bills of Lading 3. liability resulting from you or any employee or subcontractor: a) releasing or giving instructions to release cargo without surrender of the

original bill of lading or similar document (except as provided for in Extension 3 (Surrender of bills of lading) of Section 2 (Errors and omissions)

b) entering or giving instructions to enter on any bill of lading, waybill or similar document information which is known to be incorrect or likely to be incorrect.

This exclusion does not apply to Section 5 (Operational third party liability).

Cargo 4. any claim in respect of: a) excluded cargo b) cargo being driven under its own motive power except:

1. during the course of loading onto or off-loading from any conveyance or road conveyance

2. whilst being moved within your own site, any subcontractor’s site or any port confines

c) mis-delivered cargo except as provided for in Extension 4 (Mis-delivered cargo) of Section 2 (Errors and omissions)

d) cards (including credit, charge, debit cards and items in similar form), vouchers, tokens or similar items entitling the holder to receipt of services, money or goods; tax or duty stamps, tickets, scratch cards or similar items for more than the manufacturing cost of any such item.



GENERAL EXCLUSIONS (Continued)

Contracts and conventions

5. a) liability to any customer under any contract other than an insured contract beyond the extent of the liability that would have attached under the insured contract considered by us to be the most appropriate to the insured service.

b) any additional liability resulting from: 1. any increase or amendment of the standard financial limits of liability

contained in any insured contracts, international conventions or compulsorily applicable transport law (even though the insured contracts, international conventions or compulsorily applicable transport law permits agreement of such increase or amendment) and/or

2. any other variation or amendment to the insured contracts, international conventions or compulsorily applicable transport law and/or

3. any agreed collection, delivery or release time or date and/or 4. performance guarantee or service standard and/or 5. any retrospective change to the contract with your customer in respect

of any incident occurring prior to the time at which the change was actually agreed.


Electronic risks 6. any claim caused by or: a) contributed to by, or arising from any virus or similar mechanism b) arising from any malicious act resulting in any inability or failure to receive,

send, access or use data c) arising from any malicious:

1. creation and/or input 2. destruction and/or erasure 3. distortion and/or corruption and/or alteration 4. misinterpretation 5. misappropriation 6. use of data.

For the purposes of this exclusion virus or similar mechanism means any program code, programming instruction or any set of instructions intentionally constructed with the ability to damage, interfere with or otherwise adversely affect computer programs, data or operations whether involving self-replication or not and includes trojan horses, worms and logic bombs.

Failure to insure 7. a) any claim in respect of failure to arrange (or to effectively arrange) insurance b) additional liability for cargo incurred as a result of failure to arrange (or to

effectively arrange) insurance except as provided for in Extension 6 (Failure to insure) of Section 2 (Errors and omissions).

Liquidated damages

8. liquidated and/or punitive damages.

Misconduct 9. any claims caused by, or arising from any reckless or wilful misconduct by you and/or any of your directors or partners.

Other insurance 10. for any claim that is covered by any other policy (or would but for the existence of this policy be covered by any other policy) except for the difference between the amount payable under such other policy and the amounts payable under this policy.


GENERAL EXCLUSIONS (Continued) Perils 11. any claim:

a) in respect of cargo caused by a change in temperature except as provided for in Extension 2 (Temperature change) of Section 1 (Liability for cargo)

b) in respect of rejection of cargo unless such cargo is physically damaged c) in respect of inventory loss d) resulting from your insolvency Sub-clauses a), b), and c) of this exclusion do not apply to Section 5 (Operational third party liability).

War and radioactivity

12. any claim caused by, or contributed to by, or arising from: a) war, invasion, act of foreign enemy, hostilities (whether war be declared or

not), military or usurped power, revolution, rebellion, insurrection or civil war (except as provided for in Section 3 (Insured equipment)

b) ionising radiation from or contamination by radioactivity from any nuclear fuel or from any nuclear waste or from the combustion of nuclear fuel

c) any weapon or device employing atomic or nuclear fission and/or fusion or other like reaction or radioactive force or matter

d) the radioactive, toxic, explosive or other hazardous or contaminating properties of any: 1. nuclear installation, reactor or other nuclear assembly or nuclear

component thereof 2. radioactive matter but not radioactive isotopes, other than nuclear fuel,

when such isotopes are being prepared, carried, stored, or used for commercial, agricultural, medical, scientific or other similar peaceful purposes

e) any chemical, biological, bio-chemical or electromagnetic weapon.

Sanctions 13. any claim to the extent that the provision of such cover would 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.


CUSTOMER COMPLAINTS

COMPLAINTS PROCEDURE

OUR COMMITMENT TO CUSTOMER SERVICE

At RSA we are committed to going the extra mile for our customers. If you believe that we have not delivered the service you expected, we want to hear from you so that we can try to put things right. We take all complaints seriously and following the steps below will help us understand your concerns and give you a fair response.

Step 1 If your complaint relates to your policy then please contact the sales and service team in the office which issued the policy or your Broker. If your complaint relates to a claim then please call the claims helpline number shown in your policy Schedule. We aim to resolve your concerns by close of the next business day. Experience tells us that most difficulties can be sorted out within this time. Step 2 In the unlikely event that your concerns have not been resolved within this time, your complaint will be referred to our Customer Relations Team who will arrange for an investigation on behalf of our Chief Executive. Their contact details are as follows: Post: RSA Customer Relations Team P O Box 2075 Livingston EH54 0EP Email: [email protected]

Our promise to you We will:

Acknowledge all complaints promptly Investigate quickly and thoroughly Keep you informed of progress Do everything possible to resolve your complaint Use the information from your complaint to proactively improve our service in the future.

Once we have reviewed your complaint we will issue our final decision in writing within 8 weeks of the date we received your complaint. If you are still not happy If you are still unhappy after our review, or you have not received a written offer of resolution within 8 weeks of the date we received your complaint, you may be eligible to refer your case to the Financial Ombudsman Service (FOS). The FOS is an independent body that arbitrates on complaints. They can be contacted at: Post: Financial Ombudsman Service South Quay Plaza 183 Marsh Wall London E14 9SR Telephone: 0800 0234567 (for landline users) 0300 1239123 (for mobile users) Email: [email protected] Website: www.financial-ombudsman.org.uk


You have six months from the date of our final response to refer your complaints to the FOS. This does not affect your right to take legal action, however, the FOS will not adjudicate on any case where litigation has commenced. Thank you for your feedback We value your feedback and at the heart of our brand we remain dedicated to treating our customers as individuals and giving them the best possible service at all times. If we have fallen short of this promise, we apologise and aim to do everything possible to put things right.


FAIR PROCESSING NOTICE

How we use your information

Please read the following carefully as it contains important information relating to the details that you have given us. You should show this notice to any other party related to this insurance. Who we are This product is underwritten by Royal & Sun Alliance Insurance plc. You are giving your information to Royal & Sun Alliance Insurance plc, which is a member of the RSA Group of companies (the Group). In this information statement, „we’ ‘us’ and ‘our’ refers to the Group unless otherwise stated.

How your information will be used and who we share it with

Your information comprises of all the details We hold about you and your transactions and includes information obtained from third parties.

If you contact us electronically, we may collect your information identifier, e.g. Internet Protocol (IP) Address or

telephone number supplied by your Service Provider.

We may use and share your information with other members of the Group to help us and them:

assess financial and insurance risks;

recover debt;

prevent and detect crime;

develop our services, systems and relationships with you;

understand our customers‟ requirements;

develop and test products and services

We do not disclose your information to anyone outside the Group except:

where we have your permission; or

where we are required or permitted to do so by law; or

to credit reference and fraud prevention agencies and other companies that provide a service to Us, Our partners or you; or

where we may transfer rights and obligations under this agreement.

We may transfer your information to other countries on the basis that anyone we pass it to provides an

adequate level of protection. In such cases, the Group will ensure it is kept securely and used only for the

purpose for which you provided it. Details of the companies and countries involved can be provided on request.

From time to time we may change the way we use your information. Where we believe you may not reasonably

expect such a change we shall write to you. If you do not object, you will consent to that change.

We will not keep your information for longer than is necessary. Sensitive information Some of the information we ask you for may be sensitive personal data, as defined by the Data Protection Act 1998 (such as information about health or criminal convictions). we will not use such sensitive personal data about you or others except for the specific purpose for which you provide it and to carry out the services described in your policy documents. Please ensure that you only provide us with sensitive information about other people with their agreement.

How to contact us On payment of a small fee, you are entitled to receive a copy of the information we hold about you. If you have any questions, or you would like to find out more about this notice you can write to:

Data Protection Liaison Officer, Customer Relations Office, RSA, Bowling Mill, Dean Clough Industrial Estate, Halifax HX3 5WA Royal & Sun Alliance Insurance plc (No. 93792). Registered in England and Wales at St Mark's Court, Chart Way, Horsham, West Sussex, RH12 1XL. Authorised by the Prudential Regulation Authority and regulated by the Financial Conduct Authority and the Prudential Regulation Authority.

Documents

Logistics Solutions - RSA Broker Solutions... · Policy (Logistics Solutions LS03 WD083C) Page 1 of 25 Logistics Solutions THIS POLICY (AND THE SCHEDULE WHICH FORMS AN INTEGRAL PART