INSURANCE CONTRACT OF
BUILDING SITE ENGINES
I- Subject of Cover:
The Underwriters agree to cover, by this Contract, the insured against damage stated in paragraph II hereinafter.
This Coverage is granted but subject to the exclusions mentioned in paragraph III of these conditions hereinafter and within the limits of the capital set in the Special Conditions.
II- Extent of Cover :
The Insurers cover losses or property damage to insured machines and engines resulting from a sudden and unforeseen event that requires repair and replacement, and that are caused by or due to:
– Fortuitous accidents occurring during the operational activity or during the loading/unloading operations, assembly and disassembly of machines and engines inside building site or park,
– Fire, lightning and explosion, theft or attempted heft in circumstances duly established,
– Assembly Errors
– Accidents coming from misuse, lack of care, bad service or from carelessness and malice of the driver,
– Hurricanes, Storms, typhoons, soil settings and high-water foundations, floods, earthquake, volcanic eruption, rockfalls, mudslides,
– Collisions, falls, reversals, derailments,
– Any other accidents not excluded below
Are not covered :
Tools and interchangeable pieces of any types mounted to machines and engines or not, such as: drills, jaw crushers, knives, sieves, saw blades, snow chains, lines, synthetic pipes, joints and goods.
Strips, pneumatic belts, ropes as well as batteries and any other non-metallic pieces (not including in the engine).
Combustibles, lubricants and fluid of any type in the fuel cell and crankcases.
Motor vehicles of any types registered for driving in the public highway, unless they are exclusively used for a specific building site, unattached engines and aircrafts.
The amount of excesses rests with the Insured.
– Breakdown, interior breakage, mechanical or electrical troubles, defects in materials, faulty construction, frost, lack of cooling, of oil, of defective lube oil.
However, if such breakage or trouble is the reason for a consequential damage, the only damage coming from this second event is covered.
– Wear and tear, dilapidation, fatigue, oxidation, corrosion, inlaying rust, silting-up, cracks in pistons and in cylinder head of engines, blast in internal burning engines.
– Use defect; the burden of proof rests with the Insurers.
– Total or partial immersion due to high tide.
– Insured or his representative’s deliberately fault. Burden of proving that the damage results from one of these events shall be upon the Insurers.
– Damage due to the defects that existed at the time of underwriting the contract which are known to the Insured, corporate body or manager. Burden of proving that the damage results from one of these events shall be upon the Insurers.
– Damage normally covered by suppliers, manufacturers or fitters according to the contract or law.
– All consequential losses and business interruptions leading to loss of enjoyment or unemployment.
– Foreign war; Burden of proving that the damage results from a fact other than a foreign war shall be upon the Policyholder.
– Civil war, rebellions, turmoil, insurrection, riots, strikes, lockout, seat, civil commotion, seizure of power by militaries or usurpers, any activities of any organizations whose admitted or implicit aims are to overthrow or to influence de jure or de facto any government by terrorism or by violence. Burden of proving that the damage results from one of these events shall be upon the Insurers.
– Weapons or engines aimed at exploding by changing the structure of atomic nucleus.
– Any nuclear fuels, products or radioactive waste, or by any other sources of ionizing radiation.
IV- Insured’s Obligations following a loss:
In the event of a loss, the Insured must:
1. Notify the Insurers in writing, as soon as he learns of the loss, and at the latest within 5 days following the loss. The Insured, who fails to comply with this warranty, will forfeit all rights to indemnify under this policy, unless if he gives proof that he was unable to notify in due time as a result of fortuitous circumstances or force majeure (article 7 of the Insurance Code).
Under the same penalties, following a theft, the due time of the notification of loss is reduced to 2 days.
2.Take all steps within his power to minimise the extent of the loss and to salvage the insured property and ensure its preservation.
3.Inform the Insurers, as soon as possible, a notification showing circumstances and known or presumed causes, nature and estimated amount of the loss, guarantees underwrote similar risks with other insurers.
4.Provide the Insurers, within 20 days, with an estimated statement signed by the Insured of the insured property, destroyed and recovered,
5. Communicate, on simple request of the Insurers, without delay, the necessary documents for assessment.
6. Upon receipt, send to the Insurers, all notices, letters, summonses, writ, extrajudicial acts or judicial proceedings which might be sent, delivered to or served upon himself or his agents, relating to the claim which may incur the Insured’s liability.
The Insured, who in bad faith, amplifies the estimated amount of the loss, intends destroyed items not existing during damage, conceals or removes all or part of the insured property, knowingly uses, as a justification, fraudulent means or inaccurate documentation, does not declare the existence of other insurance covering the same risks, shall forfeit all rights to indemnify on all risks. The forfeiture is indivisible from various articles of the contract.
Burden of proving the bad faith of the Insured shall be upon the Insurers.