Your Single Shipment Cargo policy

This policy is a contract between you and us.

This policy and any schedule and endorsement should be read as if they are one document.

We will insure you during any period of insurance for which we have accepted your premium.

Our liability will in no case exceed the amount of any sum insured or limit of indemnity stated within this policy, the schedule or any endorsement to this policy.

When you take out, renew and make changes to the cover provided by this policy, you must take reasonable care to ensure that you accurately answer any questions which we ask of you and that any information you give us is accurate. If you are taking out this policy for purposes which are wholly or mainly related to your trade, business or profession, you must also let us know about all facts which are material to our decision to provide you with insurance. Failure to meet these obligations could result in this policy being invalidated, a claim not being paid, or an additional premium being charged.

Any reference to the singular will include the plural and vice versa.

Any reference to any statute or statutory instrument will include any amendments thereto or re-enactment thereof.

Any heading in this policy is for ease of reference only and does not affect its interpretation.

Law applicable to this contract

In the UK the law allows both you and us to choose the law applicable to this contract.

This contract will be subject to the relevant law of England and Wales, Scotland, Northern Ireland, the Isle of Man or the Channel Islands depending upon your address stated in the schedule. If there is any dispute as to which law applies it will be English law.

The parties agree to submit to the exclusive jurisdiction of the English courts.

This is a legal document and should be kept in a safe place.

Please read this policy and any schedule and endorsement carefully and if they do not meet your needs contact us or your broker or insurance intermediary.

Section 1 – Definitions

Certain words in this policy have special meanings. These meanings are given below and apply wherever the words appear in bold.

Communicable disease

Any disease which can be transmitted by means of any substance or agent from any organism to another organism where:

1. the substance or agent includes, but is not limited to, a virus, bacterium, parasite or other organism or any variation thereof, whether deemed living or not; and
2. the method of transmission, whether direct or indirect, includes but is not limited to, airborne transmission, bodily fluid transmission, transmission from or to any surface or object, solid, liquid or gas or between organisms; and
3. the disease, substance or agent can cause or threaten bodily injury, illness, damage to human health, human welfare or property.

Container

Any demountable carrying unit including any ISO container, tank container or flat rack.

Conveyance

Any means of transport.

Damage/damaged

Physical loss and/or damage.

Data processing system

Any computer or data processing equipment or media or microchip or integrated circuit or any similar device or any computer software or firmware.

Defined peril

Fire, lightning, explosion, aircraft or other aerial devices or articles dropped from them, riot, civil commotion, strikers, locked-out workers, persons taking part in labour disturbances, malicious persons, theft or attempted theft, earthquake, storm, flood, escape of water from any tank, apparatus or pipe or impact by any vehicle or by goods falling therefrom or by any animal.

Denial of service attack

Any actions or instructions constructed or generated with the ability to damage, interfere with or otherwise affect the availability of networks, network services, network connectivity or information systems including but not limited to the generation of excess network traffic into network addresses, the exploitation of system or network weaknesses and the generation of excess or non-genuine traffic between and amongst networks.

Excess

The amount stated in this policy, the schedule or any endorsement to this policy for which you are responsible and which will be deducted from any payment under this policy as ascertained after the application of all other terms and conditions of this policy.

Furniture and general transits

Transits of a volume of less than 8 cubic metres.

General average

A legal principle of maritime law to which all parties in a sea venture proportionally share any losses resulting from a voluntary sacrifice of part of the ship cargo to save the whole adventure in an emergency.

Hacking

Unauthorised access to any computer or other equipment or component or system or item which processes, stores, transmits, retrieves or receives data.

Home removal transits

Transits of a volume of 8 cubic metres or more.

Nuclear installation

Any installation of such class or description as may be prescribed by regulations made by the relevant Secretary of State from time to time by statutory instrument being an installation designed or adapted for:

1. the production or use of atomic energy
2. the carrying out of any process which is preparatory or ancillary to the production or use of atomic energy and which involves or is capable of causing the emission of ionising radiation
3. the storage, processing or disposal of nuclear fuel or of bulk quantities of other radioactive matter being matter which has been produced or irradiated in the production or use of nuclear fuel.

Nuclear reactor

Any plant including any machinery, equipment or appliance whether affixed to land or not designed or adapted for the production of atomic energy by a fission process in which a controlled chain reaction can be maintained without an additional source of neutrons.

Ordinary course of transit

The customary method of carriage relevant to the type of goods and the most direct route to the destination.

Recorded information

Documents, business and/or personal records and/or similar information represented or stored upon or within paper, optical, electronic and/or other storage media.

Salvage charges

Charges which apply in maritime law to compensate a third party in the event of a successful salvage due to a voluntary act by that third party independent of any contract.

Specified perils

1. Fire
2. theft
3. attempted theft
4. as a direct result of impact of the subject-matter insured with any object outside the carrying conveyance (other than water)
5. as a direct result of impact of the subject-matter insured with the carrying conveyance or anything in or on it during loading and/or unloading
6. as a direct result of the collision of or overturning of the carrying conveyance or
7. as a direct result of any vessel or craft being stranded, grounded or sunk or
8. by immersion of the subject-matter insured in any watercourse, lake, river or sea.

Storage

Storage outside the ordinary course of transit.

Strike risks

1. Strikers, locked-out workmen, or persons taking part in labour disturbances, riots or civil commotions
2. any act of terrorism
3. any person acting from a political, ideological or religious motive.

Subject-matter insured

The subject-matter insured stated in the schedule.

Terrorism

An act of any person acting on behalf of, or in connection with any organisation which carries out activities directed towards the overthrowing or influencing by force or violence of any government whether or not legally constituted or any person acting from a political motive.

Transit

The transit stated in the schedule.

Virus or similar mechanism

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 files or operations whether involving self-replication or not including but not limited to Trojan horses, worms and logic bombs.

War risks

Any:

1. war, civil war, revolution, rebellion, insurrection,
2. civil strife arising from a) above
3. hostile act by or against a belligerent power
4. capture, seizure, arrest, restraint or detainment arising from a), b) or c) above
5. derelict mines, torpedoes, bombs or other derelict weapons of war.

We, us, our, ours

The Fiducia MGA Company Ltd.

You, your, yours

The person, people (either acting in partnership or on behalf of an unincorporated organisation) or the company stated in the schedule as the assured.

Section 2 – The cover

You are covered to the extent provided by this policy for damage caused to the subject-matter insured during the transit.

Other than in respect of war risks, cover attaches from the time the subject-matter insured is first moved in the warehouse or the place of storage for the purposes of the immediate loading into or onto the conveyance for the commencement of the transit and will continue during the ordinary course of transit, terminating either:

1. on the completion of unloading from the carrying vehicle or other conveyance or container in or at the final warehouse or place of storage at the destination named in the contract of insurance; or
2. on the completion of unloading from the carrying vehicle or other conveyance or container in or at any other warehouse or place of storage which you or your employees elect to use either for storage other than in the ordinary course of transit or for allocation or distribution; or
3. when you or your employees elect to use any carrying vehicle, or other conveyance or any container for storage other than in the ordinary course of transit; or
4. on the expiry of 60 days after completion of discharge overside of the subject-matter insured from the overseas vessel at the final port of discharge.

whichever will first occur.

For the purposes of this clause:

1. immediate loading means a continuous and uninterrupted movement of the subject-matter insured until set down onto or into the carrying vehicle or other conveyance or container for the commencement of transit
2. completion of unloading occurs when the subject-matter insured is first set down after a continuous and uninterrupted movement from the carrying vehicle or conveyance or container.

If, after discharge overside from the overseas vessel at the final port of discharge, but prior to termination of this insurance, the subject-matter insured is to be forwarded to a destination other than that to which it is insured, this insurance, whilst remaining subject to termination as provided in clauses a) to d) above, will not extend beyond the time the subject-matter insured is first moved for the purpose of the commencement of transit to such other destination.

This insurance will remain in force (subject to termination as provided for in clauses a) to d) above and to the provisions of provision 13 - Termination of transit clause (terrorism) during delay beyond your control, any deviation, forced discharge, reshipment or transhipment and during any variation of the adventure arising from the exercise of a liberty granted to carriers under the contract of carriage.

War risks cover attaches from the time the subject-matter insured or part thereof is loaded on board a vessel or aircraft and terminates either:

1. on completion of discharge from the vessel or aircraft at the final port or airport of destination; or
2. on the expiry of 15 days commencing midnight on the day of arrival of the vessel or aircraft at the final port or airport of destination;

whichever will first occur.

The excess applicable is £75 for furniture and general transits and £300 for home removal transits.

Section 3 – Additional cover extensions

1. Customs

This policy includes damage caused by the actions of Customs Authorities in the course of their inspection duties.

2. Duty

This policy includes duty payable on lost or damaged subject-matter insured excluding claims in respect of:

1. total loss of whole or part of the subject-matter insured prior to the duty becoming payable
2. general average or salvage charges arising from any casualty occurring prior to the duty becoming payable.

In ascertaining the amount of claim recoverable credit will be given for any rebate or refund of duty which may become allowable.

We will also pay for damage to the subject-matter insured caused by fumigation provided always that such fumigation is not customary and is beyond your control.

3. General average

General average and salvage charges will be payable under this policy in full without reference to insured and contributory values.

4. Labels

In the event of damage affecting only the labels, wrappers and capsules of the subject-matter insured we will pay the costs of reconditioning or replacement.

5. On deck shipments

This policy includes cover for on-deck shipments (whether containerised or not) at policy rates and conditions, including the risk of jettison and loss or washing overboard.

6. Professional packers’

We will indemnify you for damage to the subject-matter insured whilst in transit to, from and whilst at the premises of professional packing contractors for a period not exceeding 30 days prior to final despatch. During the transit to the premises of the packing contractor cover is restricted to specified perils including non-delivery or theft of a complete shipping package, malicious damage and any war risks and strikes risks applicable to this policy, unless sufficiently and suitably packed or prepared to withstand the ordinary incidents of the intended transit prior to despatch from your premises.

You will not be prejudiced by a packing contractor’s inability to perform unless you are aware of the non performance prior to commencement of transit and fail to prevent the transit.

7. Storage

We will indemnify you for damage to the subject-matter insured whilst in storage in the middle of the ordinary course of transit for a period not exceeding 14 days.

We will not pay for:

1. theft unless following forcible and violent entry or exit from the storage site
2. disappearance or stocktaking losses
3. any act of fraud or dishonesty by you or any business partner or director employed by you whether acting alone or in collusion with others
4. loss or damage to subject-matter insured contained in the ground floor or any basement of the building unless placed on racks or stillages at least 15 centimetres above the floor.

It is a condition precedent to our liability in respect of loss or damage caused by theft or attempted theft from any building under your direct control when unattended that:

1. 1. all external doors including those to common parts or other areas to be secured by locks which conform to BS 3621; Thief Resistant Locks or the equivalent
   2. all accessible opening windows including fanlights to be secured with key operated locking devices.

Any door or window designated a fire exit by a competent person is excluded from these requirements

2. any intruder alarm installed:
   1. be maintained in an efficient working order
   2. has a maintenance contract and the maintenance contract company is immediately advised of any defect
   3. is in full operation at all times when the building is unattended.

8. Transit extension

Provided always that you give us prompt notice we will hold you covered at a premium to be agreed if the ordinary course of transit of the subject-matter insured takes more than 60 days from the time it is discharged from the overseas vessel or aircraft at the final port or airport of discharge.

If you are unable to give prompt advice to us due to circumstances beyond your control or due to your negligence or that of a third party this policy will remain in force for an additional 30 days.

Section 4 – Exclusions

This policy does not cover:

1. Boats and yachts

theft from boats or yachts of:

1. Internal items unless following violent and forcible entry or exit into or from a securely locked cabin or locker
2. external items unless securely fastened to the yacht, boat or tender

2. Capture, seizure, arrest, restraint or detainment

any claim caused by or arising from capture, seizure, arrest, restraint or detainment of the subject-matter insured and/or third party equipment by any Authority other than in respect of war risks.

3. Changes in environment

damage caused by or consisting of:

1. corrosion, erosion, rust, wet or dry rot, shrinkage, evaporation, loss of weight, dampness, mould, dryness, marring, scratching, moths, vermin or insects
2. change in temperature, colour, flavour, texture or finish

4. Communicable diseases

notwithstanding any provision to the contrary within this insurance, any loss, damage, liability, claim, cost or expense of whatsoever nature caused by, contributed to by, resulting from, arising out of, or in connection with a communicable disease or the fear or threat (whether actual or perceived) of a communicable disease regardless of any other cause or event contributing concurrently or in any other sequence thereto

5. Consequential loss

any financial loss, damage, cost, expense, fine or penalty not directly associated with the incident that caused you to claim

6. Date recognition

liability in respect of any loss or damage of whatsoever nature directly or indirectly caused by or contributed to by or consisting of or arising in whole or in part from:

1. the way in which any data processing system responds to or deals with or fails to respond to or fails to deal with any true calendar date
2. any data processing system responding to or dealing in any way with:
1. any data denoting a calendar date or dates as if such data did not denote a calendar date or dates
2. any data not denoting a calendar date or dates as if such data did not denote a calendar date or dates

whether such data processing system is your property or not.

7. Delay

damage or expense caused by delay

8. Depreciation, gradually operating changes and other causes

damage caused by or consisting of:

1. depreciation, inherent vice, latent defect, gradual deterioration (including the deterioration of contents in refrigeration units), wear and tear, mildew or frost
2. breakdown of refrigeration

9. Dismantling and assembly services

damage or expense caused by dismantling or assembly services

10. Electronic risks

damage caused by virus or similar mechanism or hacking or denial of service attack to any computer or other equipment or component or system or item which processes, stores, transmits retrieves or receives data or any part thereof whether tangible or intangible including but without limitation any information or programs or software and whether the property is insured or not but this will not exclude damage which results from a defined peril including the acts of thieves but excluding the acts of malicious persons which do not involve physical force or violence

11. Excluded goods

any excluded goods listed in the schedule

12. Insolvency

damage or expense caused by insolvency or financial default of the owners, managers, charterers or operators of the vessel except where:

1. you or your agent have taken all reasonable, practicable and prudent measures prior to the loading of the subject-matter insured on board the vessel or aircraft to establish the financial reliability of the party in default
2. this insurance has been assigned to the party claiming hereunder who has bought the subject-matter insured in good faith without notice of such insolvency or financial default
3. any loss, damage or reforwarding costs would have been recoverable under this insurance but for the said exclusion

13. Leakage of liquid

damage caused by or leakage of liquid from the receptacle in which it is contained unless packed by you

14. Mechanical, electrical and electronic derangement

for mechanical, electrical and/or electronic breakdown, failure and/or derangement of the subject-matter insured unless there is evidence that damage to the subject-matter insured (and/or its packing and/or the carrying conveyance or container) occurred during the transit or whilst otherwise covered by this policy

15. Misconduct

damage or expense attributable to your reckless or wilful misconduct

16. Motor vehicles

1. loss of spare parts, tool kits, in-car entertainment systems, satellite navigation devices and the like unless lost with the complete vehicle
2. damage arising from freezing of water in the radiator or cooling system
3. damage whilst on tow or under own power except whilst being towed or driven on or off the carrying conveyance, vessel or into or from the container

17. Nuclear risks

death, injury, disablement or loss or damage to any property or any loss or expense resulting or arising therefrom or any consequential loss or any legal liability of whatsoever nature directly or indirectly caused by or contributed to by or arising from:

1. ionising radiations from or contamination by radioactivity from any nuclear fuel or from any nuclear waste or from the combustion of nuclear fuel
2. the radioactive, toxic, explosive or other hazardous or contaminating properties of any nuclear installation, nuclear reactor or other nuclear assembly or nuclear component thereof
3. any weapon or device employing atomic or nuclear fission and/or fusion or other like reaction or radioactive force or matter
4. the radioactive, toxic, explosive or other hazardous or contaminating properties of any radioactive matter but this exclusion d) will not apply to radioactive isotopes other than nuclear fuel when such isotopes are being prepared, carried, stored or used for commercial, agricultural, medical, scientific or other peaceful purposes

18. Omissions from itemised list

claims for missing items, cartons or packages lacking an itemised valued list of contents supplier by the owner prior to commencement of transit

19. Packing

breakage, scratching, denting, chipping, staining and tea ring for subject-matter insured packed by the owner or a third party unless directly caused by the specified perils

20. Recorded Information

claims for recorded information

1. unless caused by damage to the storage medium; and
2. for more than the:
1. replacement cost of the medium upon and/or within which such recorded information was represented or stored; and
2. clerical and/or administrative cost of copying such recorded information on to fresh stationery or other storage medium.

21. Second-hand or used goods

damage to second-hand or used goods or machinery loss caused by or consisting of rust, oxidation, scratching, denting, chipping or marring unless the goods have been fully reconditioned

22. Storage

any claim for the subject-matter insured whilst in storage.

Section 5 – Provisions

1. Basis of valuation

The settlement of any claim will be done by replacement, repair and/or compensation, taking into account at our option the age, quality, degree of use and consequent market value. Depreciation of a maximum of 10% per year may be deducted by us at our discretion. This policy is not on a ‘new for old’ basis.

2. Claused bills of lading

This insurance will not be prejudiced by reason of the inclusion of any clause in Bills of Lading to the following effect: ‘Insufficiently packed, vessel not responsible’.

3. Contracts (Rights of Third Parties) Act 1999

For the purposes of the Contracts (Rights of Third Parties) Act 1999 this policy is not enforceable by any third party.

4. Cutting clause

In the event of any damage covered by this policy it is agreed that the damaged, broken length or portion will be cut off the remaining length or portion be considered as sound and we will only be liable for the insured value of the length or portion which has been lost by being broken off or cut off. In addition, we will be liable for the cost of cutting.

5. Dock strikes or labour disturbances

In the event of shipments being delayed or diverted due to dock strikes or other labour disturbances we agree to hold covered at an additional premium to be agreed pending the receipt of the relevant details.

6. Errors and omissions

This insurance will not be prejudiced by any unintentional or inadvertent error, omission, incorrect valuation or incorrect description of the interest, risk, vessel or transit provided always that notice is given to us as soon as reasonably possible on discovery of any such error or omission. This insurance will not be affected by your failure to comply with any of the terms or conditions of this policy over which you have no control.

7. Fitness of container

Your right to indemnity hereunder will not be prejudiced by any inadvertent omission to establish the fitness of a container or similar carrying unit for the safe transit of the subject-matter insured hereby where such container or similar carrying unit is supplied by a third party.

8. General average and salvage charges

You are covered for your liability in respect of the subject-matter insured for contribution to general average and salvage charges for any general average or salvage act occurring during the transit.

9. Packing

In the event of a claim being made for loss or damage which is alleged to be caused by insufficiency or unsuitability of packing or preparation of the subject-matter insured we will not use such alleged insufficiency or unsuitability as a defence against the claim in any case where the packing or preparation was carried out by a party other than you or the claimant and the insufficiency or unsuitability arose entirely without the privity or knowledge of you or the claimant. For the purposes of this clause ‘packing’ shall include stowage in a container or other inter-modal method of unit load.

You agree to assist us in all respects to pursue rights of recovery against sellers or other responsible third parties. This agreement shall not interfere with rights of subrogation against any packer or their insurers.

10. Pairs and sets

If the subject-matter insured consists of articles which form a pair or set we will only pay for the proportionate sum insured of the article lost or damaged without reference to any special value the damaged article may have as part of a pair or set.

11. Sanction limitation and exclusion

We will not be deemed to provide cover and we will not be liable to pay any claim or provide any benefit hereunder to the extent that the provision of such cover, payment of such claim or provision of such benefit 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.

12. Second-hand machinery

In the event of damage to any part of any second-hand machinery in consequence of a risk covered under this policy the amount recoverable will not exceed such proportion of the cost of replacement of the part lost or damaged as the insured value bears to the value of new machinery and additional charges for forwarding and refitting the new part if incurred.

13. Termination of transit clause (terrorism)

This provision will be paramount and will override anything in this policy inconsistent therewith.

1. In so far as this insurance covers loss of or damage to the subject-matter insured caused by any act of terrorism such cover is conditional upon the subject-matter insured being in the ordinary course of transit and in any event will terminate:
1. on completion of unloading from the carrying vehicle or other conveyance in or at the final warehouse or place of storage at the destination named in this policy
2. on completion of unloading from the carrying vehicle or other conveyance in or at any other warehouse or place of storage whether prior to or at the destination named in this policy which you elect to use either for storage other than in the ordinary course of transit or for allocation or distribution
3. when you elect to use any carrying vehicle or other conveyance or any container for storage other than in the ordinary course of transit
4. in respect or marine transits on the expiry of 60 days after completion of discharge over-side of the subject-matter insured hereby insured from the overseas vessel at the final port of discharge
5. in respect of air transits on the expiry of 30 days after unloading the subject-matter insured from the aircraft at the final place of discharge whichever will first occur.
2. If this policy or the clauses referred to therein specifically provide cover for inland or other further transits following on from storage or termination as provided for above cover will re-attach and continues during the ordinary course of transit terminating again in accordance with clause a) above.

14. Underinsurance

If the value of any subject-matter insured calculated in accordance with the applicable basis of valuation is at the time of the damage greater than the relevant limit of indemnity we will only pay the proportion of the damage which such limit of indemnity bears to the value of the subject-matter insured.

For the avoidance of doubt clause c) iii) of condition 4 will not apply.

15. Unseaworthiness and unfitness exclusion waiver

We waive any breach of warranties or conditions in respect of seaworthiness of ship and fitness of ship or fitness of aircraft to carry the subject-matter insured to destination unless the party claiming under this insurance is privy to such unseaworthiness or unfitness.

Section 6 – Conditions

1. Arbitration

If we admit liability for a claim but there is a dispute as to the amount to be paid the dispute will be referred to an arbitrator. The arbitrator will be appointed jointly by you and us in accordance with the law at the time. You may not take any legal action against us over the dispute before the arbitrator has reached a decision.

2. Assignment

Except where you are noted in the policy as receiving the sole benefit of this insurance cover will extend to any third party to whom you assign the policy pursuant to the terms of sale applying to the subject-matter insured.

In the event of such assignment, reference in this policy to you will include the third party assignee.

3. Cancellation

If you decide you do not want to accept this policy and the transit has not started please tell us (or your broker or insurance intermediary) and we will refund your premium.

4. Fair presentation of the risk

1. At inception and renewal of this policy and also whenever changes are made to it at your request you must:
   1. where you have taken out this policy for purposes which are wholly or mainly related to your trade, business or profession, disclose to us all material facts in a clear and accessible manner and not misrepresent any material facts; and
   2. where you have taken out this policy for purposes which are wholly or mainly unrelated to your trade, business or profession, take reasonable care not to misrepresent any material facts.
2. If you do not comply with clause a) of this condition and the non-disclosure or misrepresentation by you is proven by us to be deliberate or reckless we may from the relevant date specified in clause d:
   1. treat this policy as if it had not existed; and
   2. not return the premium paid by you.
3. If you do not comply with clause a) of this condition and the non-disclosure or misrepresentation is not deliberate or reckless the cover, meaning this policy or the changes made to it, may be affected from the relevant date in clause d) in one or more of the following ways depending on what we would have done if we had known about the facts which you failed to disclose or misrepresented:
4. i) if we would not have provided you with the cover we will have the option to treat the cover as if it had not existed and repay the premium paid for such cover; or 3
5. ii) if we would have applied different terms to the cover we will have the option to treat this policy as if those different terms apply; and/or
6. iii) if we would have charged you a higher premium for providing the cover we will charge you the additional premium which you must pay in full.
7. d) Clauses b) and c) apply with effect from inception, renewal or the date of the changes, depending on when the non-compliance occurred. We may also recover any claims payments which have already been made to the extent that the cover under which such payments were made is being treated as if it did not exist or as if it had been subject to different terms under which the claim would not have been payable.
8. e) Where this policy provides cover for any person other than you and that person would if they had taken out such covering their own name have done so for purposes wholly or mainly unconnected with their trade, business or profession we will not invoke the remedies which might otherwise have been available to us under this condition if the failure to make a fair presentation of the risk concerns only facts or information which relate to a particular insured person other than you.Provided always that if the person concerned or you acting on their behalf makes a careless misrepresentation of fact we may invoke the remedies available to us under this condition as against that particular person as if a separate insurance contract had been issued to them leaving the remainder of the policy unaffected.

5. Pre-transit condition evidence

You will collect evidence of the condition of the subject-matter insured in the form of photographs and other descriptions, as well as itemised lists, created by you and/or the seller, prior to transit of the following subject-matter insured:

1. returns to the seller; and
2. purchases from auction sites.

6. Professional packers – art

It is a condition of this policy that you will ensure that any art worth in excess of £3,500 is packed and unpacked by professional fine art packers.

7. Reasonable care

You will comply with all regulations imposed by any competent authority and take all reasonable precautions to prevent or minimise loss, damage, liability or expense.

Section 7 – Claims conditions

1. Claims notification

Claims must be notified by you in accordance with the ‘notification of loss’ section in the schedule.

2. Claims procedures

1. Your responsibilities
   1. On the happening of any circumstance which could give rise to a claim you will:
      1. give notice to us within 7 days and in the case of non-delivery 7 days from when the subject-matter insured would normally be delivered, unless an extension is requested by you and agreed by us in writing; and
      2. preserve any damaged or defective property for examination by our representatives unless we have authorised you to dispose of such property; and
      3. notify the police within 7 days in respect of any damage caused by theft, attempted theft or malicious persons; and
      4. take action to minimise damage and to prevent further damage; and
      5. at your own expense and:
         1. within 7 days of damage caused by riot, civil commotion, strikers, locked-out workers, persons taking part in labour disturbances or malicious persons
         2. as soon as reasonably possible in respect of any other damage:

            supply full details of the claim in writing to us together with any evidence and information that may be reasonably required by us for the purpose of investigating or verifying the claim and if demanded a statutory declaration of the truth of the claim and any matters connected therewith

   2. no settlement, admission of liability, payment or promise of payment will be made to a third party without our written consent.
2. Our rights

   We will:

   1. be entitled to take over the defence or settlement of any claim made against you or any person entitled to indemnity under this policy and you will give all assistance as may be reasonably required by us; and
   2. have the right to enter the premises where the damage has occurred and to keep possession of any of the property insured and to deal with the salvage in a reasonable manner but you will not be entitled to abandon any property to us; and
   3. be entitled to take the benefit of any rights of yours against any other party before or after you have received indemnification under this policy and you will give all assistance as may be reasonably required by us; and
   4. not be bound if we elect to reinstate or replace any property to reinstate or replace it exactly or completely but only as circumstances permit and in a reasonably sufficient manner and will not in any case be bound to expend in respect of any one item insured more than the sum insured stated in the schedule.

3. Claim survey

No survey is necessary for any claim of less than £2,500 or equivalent in other currencies.

4. Fraudulent claims

If you or anyone acting on your behalf:

1. makes a fraudulent or exaggerated claim under this policy; or
2. uses fraudulent means or devices including the submission of false or forged documents in support of a claim whether or not the claim is itself genuine; or
3. makes a false statement in support of a claim whether or not the claim is itself genuine; or
4. submits a claim under this policy for loss or damage which you or anyone acting on your behalf or in connivance with you deliberately caused; or
5. realises after submitting what you reasonably believed was a genuine claim under this policy and then fails to tell us that you have not suffered any loss or damage; or
6. suppresses information which you know would otherwise enable us to refuse to pay a claim under this policy

we will be entitled to refuse to pay the whole of the claim and recover any sums that we have already paid in respect of the claim.

We may also notify you that we will be treating this policy as having terminated with effect from the date of any of the acts or omissions set out in clauses a) to f) of this condition.

If we terminate this policy under this condition you will have no cover under this policy from the date of termination and not be entitled to any refund of premium.

If any fraud is perpetrated by or on behalf of an insured person and not on behalf of you this condition should be read as if it applies only to that insured person’s claim and references to this policy should be read as if they were references to the cover effected for that person alone and not to the policy as a whole.

5. Other insurances

If at the time of any occurrence giving rise to a claim there is any other insurance our liability under this policy will be limited to any excess beyond the amount which would be payable under such other insurance had this policy not been effected.

6. Rights of recovery

Upon the payment of any claim, all your rights and remedies against such other parties will be subrogated to us and we will receive the benefit of any amount(s) recoverable from such other parties. In the event the net recovery received from any such other parties exceeds the amount paid by us to you in respect of the claim, then we will account to you for any such excess.

7. Responsible parties

You must take all reasonable steps to hold responsible all relevant third parties who have (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.