In any documentation relating to an offer or policy of insurance the words listed here have the meaning set against them - unless otherwise specifically stated.

With the exception stated below, text is underlined in these wordings, for guidance only, to indicate that a word or phrase is included here

“You”, “your”, “we”, “us” and “our” are defined here. These meanings are consistent throughout our documentation, and the words are not underlined in the text.

Accident

one fortuitous event or occurrence or a series of events or occurrences arising from one fortuitous event or occurrence. See extension at G2:40

Account year

the annual period of the insurance of the assured commencing each year on the date shown in your certificate 

Act

• in respect of Through Transport Mutual Insurance Association Limited - the Through Transport Mutual Insurance Association Limited Consolidation and Amendment Act (Bermuda 1993) (and every amendment thereto in force)
• in respect of TT Club Mutual Insurance Limited - the Memorandum of Association

Actual Total Loss (ATL)

equipment or property is an actual total loss where:

• it is destroyed or damaged to such an extent that it can no longer be used for its purpose and cannot be repaired or rebuilt, or, in the case of carrying equipment, cannot be returned to ISO/IICL standard or

• the owner is irretrievably deprived of it as the result of an accident.

Adjustment date 

the date on which the declaration of your gross freight receipts, gross annual income or similar earnings, insured values, movements, handling or any other agreed adjustment factor is to be made

Adjustment rate

one of the following rates, as specified in your certificate:

• a rate on your gross freight receipts or gross annual income or similar earnings during an account year
• a rate per annum on the insured value of equipment
• any other rate agreed by the Managers

Advertising injury

injury arising from one or more of the following offences:

• oral/written publication of
  material which:
  • slanders or libels anyone or disparages anyone’s goods, products or services
  • violates anyone’s right of privacy
• misappropriation of advertising ideas or style of doing business
• breach of copyright in respect of a title or slogan

Agree/agreed/agreement

means agree/agreed/agreement in writing

Agreed value

an amount agreed in advance between you and the Managers, and stated in your certificate, which we will reimburse in case of total loss of an insured asset

Aircraft

includes aeroplane/helicopter (fixed or rotary wing), airship, balloon, drone and other unmanned aircraft

All risks policy

policy covering fortuities generally though not inevitabilities eg. wear and tear or depreciation, and subject to express exclusions

Amount due (from you)

any of the following amounts due from you to us:

• all or part of any mutual/fixed/ supplementary/release premium
• any amount due from you in respect of a claim
• any amount due from you in respect of interest
• any other sum due for any reason whatsoever

Applicant

the assured or the party completing policy application documents

Approved contract

contract included in your Approved Contracts Schedule

Asbestos

asbestos in any form whether or not the asbestos was at any time:

• airborne as a fibre, particle or dust
• contained in or formed as part of a product, structure or other real or personal property
• carried on clothing 
• inhaled or ingested 
• transmitted any other means

Association (the):

Through Transport Mutual Insurance Association Limited or TT Club Mutual Insurance Limited, or TT Club Mutual Insurance N.V., whichever one is providing the insurance (or reinsurance) cover in any particular case

Assured

the person(s) so designated in your certificate.

Authority

• any central or local government, or agency of such government
• any body or person empowered to make regulations or issue directions in relation to:
• the administration of any seaport, airport or railway
• the import, export or transport of any cargo
• safety of working conditions
• immigration
• the imposition of any tax or duty
• the control of pollution
• any court or tribunal

Avalanche

includes mudslide

Barratry

intentional sinking of a vessel by the master or crew to the prejudice of, and without the connivance of, the owner

Berth

any quay, jetty, pier, wharf or other structure or object alongside which ships moor

Breach of copyright

includes infringement of plans, patents, trade names, trademarks and registered designs

Breakbulk

cargo (unless in bulk) which is not in carrying equipment, when carried on board a ship  

British Isles

Great Britain, Northern Ireland, Isle of Man and Channel Islands

Broker

an insurance broker, consultant or other intermediary or agent directly or indirectly involved in dealing on your behalf as regards your insurance

Broker (in USA)

a person, who may be characterised as a load, freight, truck, property, transportation or cargo broker, and who, for compensation, arranges, or offers to arrange, the transportation of cargo by a carrier

Broker (Customs/Customs House)

a person who represents, or acts as the agents of, a principal in clearing goods through customs, including preparation and submission of paper and electronic documentation and communicating with authorities on the principal’s behalf

Bulk

unpackaged goods of a homogeneous nature

Bullion

gold, silver or platinum in bars or similar form, including in blank form for coin making

By

includes on behalf of

Bye-laws

as the case may be:

• the Bye-Laws for the time being of Through Transport Mutual Insurance Association Limited or
• the Articles of Association for the time being of TT Club Mutual Insurance Limited

Cargo

goods and property in respect of which you contract to provide services including:

• carrying equipment unless supplied by you
• anything used or intended to be used to pack or secure goods, carried from one place to another place.

Cargo broker

see Broker (in USA)

Carried

includes intended for carriage and having been carried

Carrying equipment

any container, chassis, trailer, rolling stock, genset, swap body, igloo and anything else specified as carrying equipment in your Assets or Equipment Schedule

Cash

bank notes and coins (whether or not currently legal tender) - and travellers and bank cheques, drafts, credit and charge cards and any cards or documents entitling the holder to receive cash, goods or services

Certificate (of Insurance/ Reinsurance)

includes endorsements, schedules in addition to or as incorporated into the certificate

Cessation of work

loss/damage as a result of strikes, labour disturbances or locked out workers - except physical loss or damage directly caused by strikers, locked out workers or similar persons - arising from:

• stoppage of work (total or partial)
• stoppage, interruption or retarding of any process or operation

Charter (chartered)

a time, voyage, space or slot charter, but not a bareboat charter (chartered under a time, voyage, space or slot charter)

Chassis

• a trailer or semi-trailer designed to be hauled by a truck or tractor and used for the transportation of containers or intermodal cargo
• a part, including spares and accessories, of a chassis
• plant, tools or materials for the maintenance or repair of a chassis 

Claim

your claim on us under your insurance

Clean Up Costs

costs of removal of a pollutant after pollution of land, sea, the atmosphere, any watercourse or body of water

Club

the Association  

Co-Assured

the person(s) so designated in
your certificate.

Combined limit aggregate 

an overall limit applicable to all claims from specified risks arising during your account year.

Combined single limit

an overall limit applicable to all claims from specified risks arising from one accident or series of accidents.

Computer

a device which accepts information in digital form and processes it for some result based on a program or sequence of instructions and which can perform substantial computation, including numerous arithmetic operations or logic operations - including the base unit but not a keyboard, monitor or other peripheral

Condition precedent

a condition which must be fulfilled for us to be liable under your policy

Consequential loss

financial loss resulting from physical loss or damage or death injury or illness 

Container

• an article of transport of permanent character fitted with corner castings specifically designed to facilitate transport by more than one mode of carriage
• plant tools or materials for the maintenance or repair of a container

Contract services (in USA)

services customarily performed by a transporter of cargo, terminal, port, depot or warehouse operator or services incidental to the transport of cargo or operation of a port

Conveyance

any ship, aircraft, road vehicle or rail wagon used or intended to be used for the carriage of cargo

Costs

includes expenses

Cover

a grouping of clauses, for example:  Transport and Logistics Operator cover

Crew member

any person (including the master and apprentices) employed as part of a ship’s complement under the terms of a crew agreement or other contract of service or employment to serve on board a ship  

Customer

any person for whom you provide, directly or through your subcontractors, insured services

Customs broker

see Broker

Cyber attack

use or threat of use of any computer, program, virus, or any other electronic system or process or data breach as a means of inflicting loss  

Damage protection plan

an agreement between you and a customer whereby, in return for additional payment, the lessee is relieved of its obligation under the leasing contract to pay for repair of damage to equipment during the period of the lease  

Death, injury or illness

includes hospital, medical and funeral expenses

Death or injury

includes hospital, medical and funeral expenses

Declaration

declaration of information which is to be provided by you to us in order to calculate your premium  

Defamation

libel, slander and publication or utterance of disparaging material in violation of privacy rights

Deposit

the part of the premium payable each account year in advance, adjusted at the adjustment rate on the adjustment date, subject to any applicable minimum

Depreciated value

the value of an item depreciated in annual increments down to its estimated residual value at the end of its useful life

Directors

the Board of Directors for the time being of the Association  

Earthquake

includes seaquake, tsunami and seismic activity

Electrical

includes electronic

Electronic components

integrated circuits, system boards and SIM cards, computer memory and computer processors, CD-ROM drives, DVD drives, sound cards, video cards and modems

Employee (your)

a person defined as your employee by the law which applies where he or she provides services

Employment benefit

wages, salaries, bonuses, incentives, perquisites, fringe benefits or other payments, entitlements or benefits owed to any employee as a result of an employment contract

Employment contract

any contract of employment between the assured and an employee  

Equipment

carrying or handling equipment

Executive officer

• director or board member
• commissioner
• president/vice-president or chief executive (or equivalent)
• partner (including salaried partner)
• senior employee with direct responsibility to the board or president/vice-president or chief executive (or equivalent) for the insured service in respect of which a claim arises

Expendable/replaceable parts

including flexible drives, ropes, belts, chains, elevator and conveyor bands, batteries, tyres, trailing wires and cables, flexible pipes and hoses, jointing and packing materials, transistors, fuses and similar electrical components

FDA agent

Food and Drugs Administration US Resident Agent

Financial lessor

lessor of property/equipment under an agreement or option to purchase

Financial loss

pecuniary loss, cost or expenses

First aid post

premises providing medical services staffed by part time and/or volunteer personnel who are not qualified doctors or paramedics

Fiscal representative

a person acting as representative of the Member for tax or duty purposes or as otherwise defined in any applicable national or international law or convention

Fixed premium

price (or any part of price) for insurance which has not been agreed to be a mutual premium

Flood

rising water, surface water, waves, tidal waves, tidal water, storm surge, overflow of streams, rivers, lakes, ponds or other bodies of water, spray from any of the foregoing, all whether driven by wind or not

For example (eg)

means by way of example without limitation of the generality of the foregoing

Freight broker

see Broker (in USA)

Freight forwarder

a transport operator providing services, which may include documentation and customs clearance, as agent or principal, but subcontracting all physical carriage and handling to one or more operators

General average

sacrifice or expenditure to save property involved in a sea voyage, to which, in principle, all owners of the saved property contribute proportionately

Gross freight receipts

gross revenue plus payments to agents and subcontractors in respect of services as transport operator, but excluding customs duty, sales tax or similar fiscal charges, paid on behalf of customers

Gross loss ratio

The sum of claims and fees incurred (including handling fees) divided by the sum of gross written premium 

Gross revenue

revenue net of payments to agents and subcontractors in respect of services as transport operator

Gross written premium

• for the current account year the estimated premium
• for prior account years the sum of deposit, additional, return & adjustment premiums

Handheld electronic products

products designed primarily for the storage, management, use or transmission of information by electronic means (for example: organisers, computer games, remote control devices), but not products in which the electronic component only controls another, mechanical or other, function (for example: toothbrushes, power tools)

Handling equipment

• an item of machinery or other apparatus (not being an aircraft, container, locomotive, ship or chassis) used for the handling, movement or storage of cargo or carrying equipment, and operations incidental to such activities
• a part, including spares and accessories, of handling equipment
• plant, tools or materials for the maintenance or repair of handling equipment or of any customer’s equipment
• anything specified as handling equipment in your Assets or Equipment Schedule

Haulage operator

an actual road carrier

High value cargo

Bullion , precious stones and/or cash/securities

Host liquor

supplying alcoholic beverages in the course of your insured services other than in the business of manufacturing, distributing, selling or serving alcoholic beverages

Illegal trade

handling, movement, storage of, or transaction in people, goods, services, cargo or money in the course of trade which is prohibited by national law or international agreement/convention

Impaired property

tangible property, other than your product or your work, that cannot be used or is less useful because:

• it incorporates your product or your work that is known or thought to be defective, deficient, inadequate or dangerous or
• you have failed to fulfil the terms of a contract

and which can be restored to use by:

• the repair, replacement, adjustment or removal of your product or your work or
• your fulfilling the terms of the contract

In writing/written

visibly expressed in any permanent or retrievable form, including electronic means

Includes/including

means includes/including without limitation of the generality of the foregoing

Incur as an employer

incur liabilities which would not have arisen but for your employer-employee relationship, including liabilities under any state or private workers compensation insurance, disability benefits or similar law or scheme

Indemnity value

the cost of replacing an insured asset with an item of the nearest (but no worse) specification, age and condition, and any labour, dismantling, freight and erection costs of the replacement item but only to the extent that the total of such costs does not exceed the insured value 

Indirect declarant

a person making a customs declaration in his/her own name but on behalf of someone else or as otherwise defined in any applicable national or international law or convention

In flight

the time commencing with the starting of the engines before take-off run of the aircraft and continuing thereafter until it has completed its landing run and its engines are shut down

Insured

insured by us in accordance with applicable terms  

Insured asset

Insured equipment, insured property, or insured ship

Insured Assets Schedule

that part of your certificate which lists insured assets and specific terms applicable.

Insured berth

any berth at your insured location, unless otherwise stated in your certificate  

Insured carrying equipment

carrying equipment specified in your Insured Assets Schedule, within the operating area shown

Insured contract (in USA)

• contract for the lease of premises. However, that portion of the contract that indemnifies anyone for damage to fire to premises while rented to you or temporarily occupied by you with permission of the owner is not an insured contract
• a sidetrack agreement
• an easement or licence agreement, except in connection with construction or demolition operations on or within 50 feet of a railroad
• an obligation, required by ordinance, to indemnify a municipality, except in connection with work for a municipality
• an elevator repair or maintenance agreement
• that part of any contract pertaining to your business (including an indemnification of a municipality in connection with work performed for a municipality) under which you assume the tort liability of someone else to pay for bodily injury or property damage to a third party. Tort liability means a liability that would be imposed by law in the absence of a contract

This definition does not include any part of a contract which:

• indemnifies a railroad for bodily injury or property damage arising from construction or demolition operations, within 50 feet of any railroad property and affecting any: railroad bridge or trestle, tracks, roadbeds, tunnel, underpass or crossing
• indemnifies an architect, engineer or surveyor for injury or damage arising from:
  • preparing, approving, or failing to approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings or specifications or
  • giving directions/instructions, or failing to give directions/ instructions, if that is the primary cause of the injury or damage or
  • under which the assured, if an architect, engineer or surveyor, assumes liability for injury/damage arising out of the assured’s rendering, or failing to render, professional services, including those listed above, and supervisory, inspection, architectural or engineering activities

Insured equipment

handling and/or carrying equipment

insured handling equipment

handling equipment specified in your Insured Assets Schedule while at your insured location

Insured location

the location at which you provide any insured services and in respect of which the Managers have agreed that you are insured, and which is included in your Insured Location Schedule (or Insured Assets or Equipment Schedule)

Insured property

property at the locations specified in your certificate which is

• specified in your certificate or
• third party property in your care, custody and control which you are legally liable to insure against physical loss and damage

Insured services

services set out in your certificate in respect of which the Managers have agreed that you are insured  

Insured ship  

a ship specified in your Insured Assets or Ships Schedule  

Insured trading area

the area described in your certificate in which the Managers have agreed your insured ships will trade

Insured value

an amount which the Managers have agreed to pay in the event of a total loss of an insured asset. Where no amount is stated in the certificate, the insured value will be the market value, except in the case of an insured container when it will be the depreciated value 

Joint assured

the person(s) so designated in your certificate  

Joint service partner

(see also partner) an operator or NVOC with whom you operate a joint service

Joint venture partner

(see also partner) an operator with whom you pool equipment in order to operate a joint service.

Lack of due diligence

failure to exercise reasonable skill, care and competence in the circumstances

Land

includes buildings and other things fixed to land so as to become part of it, mines, subsoil and airspace

Lease/leased/lessor/lessee

includes rent, hire and borrow (with or without payment), but excludes:

• re-positioning of carrying equipment in respect of which payment is not made or received
• use of carrying equipment owned by a ship operator to carry cargo on the ship operator’s ships
• use of your equipment by your customer in connection with collection or delivery of cargo, provided it is intended that the equipment be returned to you following the collection or delivery

Leased worker

a person leased to you by a labour leasing firm under an agreement between you and the labour leasing firm, to perform duties relating to the conduct of your business. Leased worker does not include temporary worker

Leasing contract

a contract approved by the Managers  for the purposes of your lessor cover whereby you lease equipment to a customer on terms, amongst others, that the customer will be responsible for all physical loss of and damage to the equipment (other than fair wear and tear) from the time the customer takes delivery of it until either the customer redelivers it to you or you repossess it, and will also be responsible for all third party liabilities  arising from its condition or use during that period

Liability (liable)

means legal liability (legally liable)

Limit in the aggregate

an overall limit applicable to all claims from a specified risk arising during your account year

Liquidated damages

a fixed sum agreed in advance under a contract as payable in the event of a breach of the contract

Listed Areas

a country, territory or area of water specified on our website ttclub.com/listedarea and notified by Circular as at G2:41 as applying during a defined period of validity.

Load broker

see Broker (in USA)

Logistics operator

an operator:

• undertaking supply chain management, defined as planning, implementing and controlling the flow and storage of goods, services and related information from point of origin to point of consumption
• operating under contracts specified in your Approved Contracts Schedule which extend liability provisions, for example: to just in time delivery, assembly (including packing, labelling and bar coding) and financial penalties for failure to conform

Loss

A physical, financial or consequential loss as appropriate in the context

Loss payee

includes mortgagees and mortgagors specified in your Loss Payee or Loss Payee Joint Assured Schedule

Lump sum

a premium not subject to adjustment by means of an adjustment rate

Managers

the Managers of the Association (or its branches) and their employees and agents acting within the scope of their authority.

Market value

the sale value of an item on the open market in the condition in which it was immediately before the accident

Medical centre

premises providing medical services and staffed by qualified doctors or paramedics

Member currency

the currency in which the Member ordinarily carries on business unless a different currency is declared in the certificate.

Mental incapacity

being or becoming incapable by reason of mental disorder of managing and administering property and affairs.

Microorganism

mould, mildew, fungus, spores or other microorganism of any type, including any substance the presence of which poses actual or potential threat to health

Model conditions

conditions held on our website for Members’ use, eg: Series 100 Bill of Lading

Money damages

any monetary compensation for past loss  

Mutual premium

price (or any part of price) for insurance which is subject to supplementary, return, and release premiums in accordance with Part E of the Bye-Laws

NVO(C)C (non vessel owning (common) carrier)

a carrier, who is not a ship operator, providing freight forwarder services as a principal, usually under a bill of lading

Navigational aids

provision and maintenance of:

• marine navigational aids
• charted and advertised water depths
• buoyage and lighting for fairways, wrecks and obstruction
• navigational information and warnings

New for old

without deduction for depreciation

New replacement value

cost of replacing an item with a new item of the nearest (but no worse) specification available, and any labour, dismantling, freight and erection costs of the replacement item

Notice

notice in writing  

Nuclear weapon

any weapon of war employing nuclear fission or fusion or other like reaction or radioactive force or matter

Off lease (equipment) 

equipment which at the time of an accident giving rise to a claim under your lessor cover was not on lease.

On lease (equipment)

equipment which at the time of an accident giving rise to a claim under your lessor cover:

• was on lease to your customer pursuant to a leasing contract or
• had been leased to your customer under a leasing contract which had terminated by reason of default or breach of the customer and had not yet been redelivered to or repossessed by you

Operator

a person who owns, leases, charters or otherwise operates means of transport or storage or handling facilities specified in your insured services

Oversea ship

a ship carrying insured equipment from one port or place to another when the voyage includes a sea passage

Oversize cargo

cargo which, because of its size, weight or other characteristics, requires special arrangements for carriage

Overspill claim

that proportion of a political risks claim which is unpaid as a result of the total political risks claims for the political risks account year exceeding the political risks maximum and which is carried forward to the next political risks account year

Own/owned/owner/ownership

includes lease purchase and bareboat charter

Paragraph

a numbered paragraph within a clause, for example: T1:3 Law, Conventions and Approved Contracts within the Transport & & Logistics Operator cover for Cargo Liabilities (T1)

Partner

a person defined by applicable company law as a partner (see also joint service/venture partner)

Period of insurance

does not include any extended reporting period

Personal property

all property except land  

Physical loss:

loss, damage, destruction, seizure, or deprivation where:

• there is no prospect of complete or partial recovery or
• you are deprived of possession for a continuous period of 12 months

Piracy (risks)

risks arising from any criminal acts of violence, detention, rape, or depredation committed for private ends by the crew or the passengers of a private ship or aircraft that is directed on the high seas (both outside and within international waters) against another ship, aircraft, or against persons or property on board a ship or aircraft

Policy (of insurance)

the terms of your insurance with us, as set out in the Act, the Bye-Laws and your certificate of insurance - which incorporates, to the extent stated in the certificate in each particular case, your policy book

Policy book

a collection of clauses which are, wholly or partly, incorporated into your policy by means of your certificate

Policy limit

An overall limit applicable to all claims arising from one accident or series of accidents

Pollutant

any solid, liquid, gaseous or thermal irritant or contaminant, including smoke, vapour, soot, fumes, liquid, gas, oil, petroleum substance or derivative acids, alkalis, chemicals and waste. Waste includes materials to be recycled, reconditioned or reclaimed

Pollution

the emission, discharge, dispersal, release or escape of a pollutant into or upon land, sea, the atmosphere, any watercourse or body of water which is not naturally present in the environment in the amounts/ concentrations discovered

Port

includes harbour

Port authority

includes port operator, harbour board, harbour authority or harbour operator

Precious jewellery

jewellery made from precious stones or precious metal

Precious metal

gold (any carat and any colour), palladium, platinum, silver and objects made of or plated with precious metal (as defined here)

Precious stones

diamonds, emeralds, sapphires and rubies - except where made up into precious jewellery

Premium

(used on its own) means a mutual premium, a fixed premium or a combination of the two

Products liability

liability for loss of or damage to property or bodily injury arising from any product, including containers packaging or labelling, which:

• is sold, supplied, erected, constructed, repaired, altered, treated, converted, installed, processed, manufactured, tested, serviced, or hired out by or through you and
• has ceased to be in your possession, care, custody or control and
• is defective for the purposes of applicable products liability law

Professional services

includes preparation/approval of maps, charts, plans, reports, surveys, designs calculations or specifications and supervisory, inspection, engineering or data processing services and services of or in the nature of a profession which would normally be insured by a professional Indemnity Insurer (whether actually insured or not) - and advice of a professional nature

Project cargo

• cargo carried under a mining, construction, engineering, infrastructure or similar project contract or
• oversize cargo

Property broker

see Broker (in USA)

Quiet use

freedom from interference in enjoyment of the property by the seller or by anyone claiming through the seller

Radioactive/nuclear risks

risks caused or increased (directly or indirectly) by:

• ionising radiations from or contamination by radioactivity from any nuclear fuel or from any nuclear waste from combustion of nuclear fuel
• the radioactive, toxic, explosive or other hazardous properties of:
  • an explosive nuclear assembly or nuclear component thereof of
  • source material, special nuclear material or by product material as defined by the US Atomic Energy Act 1954 (and amendments) or
  • radioactive products - other than excepted matter

Excepted matter is defined under s26(i) of the UK Nuclear Installations Act 1965 as nuclear matter consisting only of one or more of the following:

• isotopes prepared for use for industrial, commercial, agricultural, medical or scientific purposes
• natural uranium
• any uranium of which isotope 235 forms not more than 0.72 per cent.
• nuclear matter of such other description, if any, in such circumstances as may be prescribed (or, for the purposes of the application of this Act to a relevant foreign operator, as may be excluded from the operation of the relevant international agreement by the relevant foreign law)

Reasonable repair costs

may include reasonable costs of your own labour and materials (not exceeding the market costs)

Regulations

means regulations and laws made by any authority

Reinstatement

rebuilding in the case of total loss of a building

Review date

the date identified on your policy as the date to which the policy document extends

Risk

liability, loss, damage or costs  

Road vehicle

a vehicle with integral means of mechanical or electrical propulsion for use on public roads

Rolling Stock

railway wagon without integral means of mechanical or electrical propulsion

Securities

bonds, negotiable instruments or securities of any kind

Seizure

includes capture, arrest, restraint, detainment, confiscation or expropriation

Semi-trailer

• a trailer constructed to be attached to, and supported at its forward end by, the fifth wheel device of a tractor - but excluding for the purposes of your policy any semi-trailer which is defined as a chassis
• a part, including spares and accessories, of a semi-trailer
• plant, tools or materials for the maintenance or repair of a semi-trailer

Ship

boat (whether self-propelled or not), hovercraft and any other vessel or structure for use in navigation on, under, over or in water

Ship Schedule

that part of your certificate which lists any insured ship and specific terms applicable

Ship operator

the owner, part owner, operator, charterer or manager of a ship  

Slot charter

an agreement under which the shipowner agrees to place a certain number of container slots at the charterer’s disposal and the charterer is not liable for the management, navigation or operation of the ship  

Space charter

an agreement under which the shipowner agrees to place part of the ship’s capacity at the charterer’s disposal and the charterer is not liable for the management, navigation or operation of the ship

Specified lessee

a lessee specified in your Specified Lessee Schedule

Statutory obligation

any obligation, liability or discretion imposed by any legislative enactment, decree, order or regulation having the force of law in any country

Storm

includes hurricane, typhoon, windstorm, rainstorm or tornado

Strikes riots & civil commotion risks

risks arising from strikers, locked-out workmen or persons taking part in labour disturbances, riots or civil commotions

Strikes riots & terrorist risks

risks arising from:

• strikers, locked-out workmen
• or persons taking part in labour disturbances, riots or civil commotions
• terrorists or persons acting from a political motive

Subsidence

includes landslip and heave

Suit

a proceeding in a court of law where money damages may be awarded

Temporary worker

a person who is furnished to you to substitute for a permanent employee on leave to meet seasonal or short-term workload conditions

Terms

includes warranties, conditions, exclusions, qualifications and (where applicable) price

Terrorism (terrorist)

(an act of) any person or group(s) of persons, whether acting alone or on behalf of or in connection with any organisation(s) or government(s), committed for political, religious or ideological purposes to:

• overthrow or influence any government (de facto or de jure) or
• put the public in fear for such purposes by force or violence

Terrorism class

as defined in the Pool Reinsurance Company Limited rules for the purposes of reinsurance of risks arising from terrorism. The classes are (in brief):

• property damage/ buildings
• property damage/ other property (including handling equipment)
• business interruption
• book debts

Third party

anyone other than us, the assured or a joint assured 

Third party liability

• liability for physical loss of or damage to third party property and for resulting consequential loss
• liability for death, injury or illness of any third party, and for resulting consequential loss

Third party property

any property of a third party except:

• cargo
• property leased to the assured or a joint assured (for example: equipment, land or buildings)

Total Loss

actual total loss and/or constructive total loss

Trailer

• a vehicle, without integral means of propulsion, designed to be hauled by a truck or tractor for the purpose of transporting goods
• a part, including spares and accessories, of a trailer
• plant, tools or materials for the maintenance or repair of a trailer 

Transit Storage

storage of cargo during, or immediately before or after, carriage (which is other than solely local distribution), if at the commencement of such storage it was intended that the storage would not exceed 30 days

Transportation broker

see Broker (in USA)

Transport operator

a person undertaking transport of cargo, either directly or through a subcontractor, which may include transit storage and incidental handling

Truck broker

see Broker (in USA)

Unapproved contract

contract not included in your Approved Contracts Schedule or otherwise approved by the Managers  

Unspecified lessee

a lessee other than a specified lessee 

Valuable Cargo

• processed tobacco/tobacco products
• bottled spirits
• precious jewellery/precious metal
• valuable works of art
• thoroughbred horses
• computers/handheld electronic products/mobile telephones (and electronic components of these)

Valuable papers

formal documents expressing property, or debt, relations between parties and classified as follows:

• share capital certificates if it is possible to receive credit from a bank on the document
• bond certificates - issued by both companies and governments
• documents expressing proprietary interests including bills, cheques, warrants, certificates of deposit, bills of lading and other commercial papers
• international valuable papers including euroshares and eurobonds

Valuable works of art

includes antiques, paintings, furniture, sculptures, tapestries, collectibles or objects for display, if the value exceeds USD 20,000 each item or set of items

Vertical tandem lift

lift of more than one container linked together vertically

War risks

the following, except to the extent that the definition of terrorism applies:

• war, civil war, revolution, rebellion, insurrection or civil strife arising there from, or any hostile act by or against a belligerent power
• seizure (piracy excepted) and the consequences thereof and attempts thereat
• risks arising from mines, torpedoes, bombs, rockets, missiles, shells, explosives or other similar weapons of war, whether active or derelict - unless handled by the Member in the course of its insured services with the Managers’ agreement

War risks on board

war risks in respect of equipment on board an oversea ship or aircraft

War risks on land

war risks in respect of equipment which is not on board an oversea ship or aircraft

We (us) (our)

The Association.

Wear and tear

wastage, wearing away or wearing out of any material or part arising from ordinary usage or working, or other gradual deterioration, rust, oxidisation, corrosion, or erosion, including slowly developing deformation, distortion, cracks or other flaws

Winding up/bankruptcy

• in the case of a corporation:
  • the passing of a resolution for voluntary winding up
  • an order being made for
    compulsory winding up
  • dissolution
  • appointment of a receiver or manager of all or part of the business or undertaking
  • possession being taken by a secured party of any property
  • commencing proceedings under any insolvency laws to seek protection from creditors or to reorganise its affairs
• in the case of an individual:
  • having a receiving order made against him/her
  • becoming bankrupt
  • making a composition or arrangement with creditors generally

Wrongful act

any act, error or omission by an executive officer of the assured acting in their representative capacity as such, or any matter claimed against an executive officer solely by reason of their status as executive officer of the assured, constituting a breach of a duty imposed by law or breach of an employment contract

You (your)

an assured and any joint assured under the assured’s insurance, as designated in the certificate(s), including a sole trader and any executive officer of an assured or joint assured 

Your country

any country in which:

• you are incorporated or
• the management of your business is conducted or
• your principal place of business is situated

Your product

any goods, other than real property, manufactured, sold, handled, distributed or disposed of by:

• you
• others trading under your name
• anyone whose business or assets you have acquired
• containers (other than vehicles), materials, parts or equipment furnished in connection with your goods or products

Your product includes:

• warranties or representations made at any time with respect to the fitness, quality, durability, performance or use of your product
• the providing of, or failure to provide, warnings or instructions

Your work

• any work or operations performed by you or on your behalf
• any materials, parts or equipment furnished in connection with this work or operations

Your work includes:

• warranties or representations made at any time with respect to the fitness, quality, durability, performance or use of your work
• the providing of, or failing to provide, warnings or instructions