05 Mar 2024
MACHINERY BREAKDOWN
INSURANCE POLICY
I- Subject of Cover:
The Underwriters agree to cover, by this Policy, the insured against damage as prescribed in the paragraph II hereinafter.
This Cover is subject to the exclusions mentioned in the paragraph III of these conditions and within the limits of the capital set in the Special Conditions.
II- Extent of Cover:
In the list herewith in the Special Conditions, machineries and installations are covered, both at use and ease, and also during disassembly, reassembly or shifting process within the insured company when these operations are required by maintenance work, against property damage occurred suddenly and unpredictably, requiring repair or replacement resulting from :
- Fortuitous industrial accidents, such as bad fit, loose parts, failure of safety devices, or fall of foreign bodies,
- Industrial design defects, manufacturing or material faults, miscalculations or assembly,
- Awkwardness, carelessness or ill will of the agents of the Insured,
- Break due to the effects of the centrifugal force
- High pressure or implosions subject to the exclusions contained in paragraph III,
- Lack of water in steam boilers and water plants,
- Short-circuit, overvoltage or surge, unless they are due to one of the events excluded by paragraph III,
- Storm (damage due to wind action)
- Any other accident not showing among the exclusions contained in paragraph III.
III- Exclusions:
This Contract does not cover:
- Damage against new machineries and installations during the period of assembly and trial run in charge,
- Damage against the interchangeable tools of any kind, such as drills, jaw crushers, molds, matrixes, knives, saw blades, punches, etc. …
- Damage against strips, sieves, rubber pipes, rubber or textile or plastic strips and coating, brushes, tires, ropes, wires, belts, glass, porcelain or ceramic parts,
- Damage against groundwork bases, firebricks of furnace, of containers, grates, burners,
- Damage against burnings, interchangeable filters, cooling fluids, cleaning agents, lubricants, and fluid of any kind,
- Damage against chemical catalysts and contact,
- Damage deliberately caused by the Insured or with his complicity,
- Damage due to the defects that existed at the time of underwriting and are known to the Insured,
- Damage due to wear irrespective of its origin (mechanical, thermal or chemical) and damage resulting from the extended effect of working such as encrusted with rust, clogging, scaling up, cracks in pistons and in cylinder heads of internal burning engines, oxidation, corrosion, erosion,
- Loss or damage due to theft or attempted theft,
- Damage resulting from deliberately or consecutive overloads to experiments or trial runs other than the usual checks for proper functioning,
- Damage due to fire, explosion or direct fall of lightning as well as damage resulting from events such extinction, demolition, clearing or disassembly; agreement asserts between parties; explosion is a sudden and violent action of pressure or of gas or steam vacuum, as they have existed prior to the concomitant working or training,
- Damage that meets the manufacturer, supplier or assembler of the insured property under the legislation or contractual agreements,
- Indirect damage, whatever the nature is and particularly, business interruption resulting from privatization of enjoyment or unemployment,
- Damage caused by an earthquake, flood, tidal wave, cyclone, hurricane, waterspouts or other calamities,
- Damage resulting from alteration, improvement or services done on the occasion of repair after loss,
- Damage caused by foreign war; it belongs to the underwriter to prove that damage results from a fact other than a foreign war,
- Damage caused by civil war, acts of terrorism or sabotage, strikes, riots and civil commotion, It belongs to the underwriter to prove that damage results from one of these events,
- Damage due to direct or indirect effects of explosion, of heat, of irradiation coming from the accumulation of atomic nuclei or of radioactivity, as well as losses due to radiation effects caused by the artificial acceleration of particles.
IV- Insured’s Obligations following a loss:
In the event of a loss, the Insured must:
1. Notify the Insurer 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).
2.Take all steps within his power to minimise the extent of the loss or damage and to salvage the insured property and ensure its preservation.
3.Inform the Insurer, 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 Insurer, 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 Insurer, without delay, the necessary documents for expertise.
6. Send on the Insurer, immediately on receipt, any notice, letter, summons, writ, extrajudicial acts or any proceedings that would be addressed or signed by the Insured himself or his agents, relating to a loss 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.
