Tariff For Contractor All Risks Insurance 2h4a1f

ALL

INDIA

TARIFF

ON CONTRACTOR’S ALL RISKS INSURANCE

TARIFF ADVISORY COMMITTEE ADOR HOUSE, MUMBAI

---------------------------------Tariff Advisory Committee 1-1-01

1

THE TARIFF ADVISORY COMMITTEE (HEREINAFTER CALLED THE COMMITTEE) HAS LAID DOWN RULES, REGULATIONS, RATES, ADVANTAGES, AND CONDITIONS, AS CONTAINED HEREIN, FOR TRANSACTION OF CONTRACTOR’S ALL RISKS INSURANCE BUSINESS IN INDIA IN ACCORDANCE WITH THE PROVISIONS OF PART II B OF THE INSURANCE ACT, 1938. ANY BREACH OF TARIFF SHALL BE DEALT WITH AS PER THE RELEVANT PROVISIONS OF THE INSURANCE ACT, 1938.

CONTRACTOR’S ALL RISKS INSURANCE POLICY INDEX ---------------------------------Tariff Advisory Committee 1-1-01

2

Contents

Page

1.

GENERAL RULES & REGULATIONS-

2.

STANDARD POLICY FORM -

3.

PROPOSAL FOR MACHINERY INSURANCE -

4.

RATING SCHEDULE 4.1 4.2 4.3 4.4

Group I - Electrical Machinery installed in Plants other than Cold Storages and Ice Plants. Group II - Mechanical Items Machines common to all Industries. Group III - Machinery in Cold Storages and Ice Plants Group IV – Fertilizer plants / petrochemical Plants/ Refineries

4.5.

Declined list of Machines

4.6

Excess

4.7

Escalation Provision

4.8

Option to insure under MB/EEI

5

ADDITIONAL RATES -

6

ENDORSEMENTS -

PROPOSAL FORM


3

------------------------------------------------------------------------------------Co. Ltd.

PROPOSAL AND QUESTIONNAIRE FOR CONTRACTOR'S ALL RISKS INSURANCE (The liability of the Company does not commence until this proposal has been accepted by the Company and the paid) Information given herein will be treated in strict Confidence. Put a ( ) mark wherever applicable. S. No.

Details

Answer

1.

a) Name & Address of the Principal

a)

Trade or business

b) Name & Address of the Contractor

b)

Trade or business

c) Name & Address of the Sub Cont-

c)

ractor, if any, Trade or Business THE INSURED INTERESTS 2. 3.

Whose Interests are to be Insured?

Contractor

Subcontractor

Principal

THE CONTRACT WORKS -

a) Full description of the Contract b) Please give details i)

Building (type of construction, number of storeys etc.) ii) Blasting operation iii) Excavation work iv) Pile driving v) Tunneling vi) Dam Construction or diversion of water vii) Others (Specify) Note - A site plan of contract works may be enclosed. 4.

i)

Is this a contract/Sub-contract forming part of an over all construction project


4

Yes

No.

ii) 5.

6.

If yes, give name of the Project

a) Will the construction be carried out by your own personnel? b) If not, by whom?

b)

c) Past experience of the Contractor

c)

a)

Will any sub-contractors be taking part in the work of construction?

b) If yes, what is their position as regards this insurance?

b)

THE CONTRACT SITE 7.

a)

Location of Contract site

a)

b) Nearest port and/or Railway Station and distance.

b)

Note - A complete lay out of the site may be enclosed 8.

a) Are any Special Risks of one or more of the following involved?

a)

i) Earthquake-Fire & Shock ii) Landslide/Rockslide/ Subsidence iii) Flood/Inundation iv) Storm/Tempest/Hurricane/Typhoon / Cyclone v) Collapse vi) Water Damage for ’Wet’ risk i.e. Contract involving construction in rivers, canals, lakes or sea. b) Distance from nearest river, lake, reservoir or sea - the names and particulars to be given

b)

c) Elevation of construction site above normal river, lake, reservoir or sea level

c)

d) Is there construction affected by specified in

d)


any record of the site ever having been any of the major perils (a) above? 5

Yes

No.

Yes

No.

9. 10.

Give full details regarding geological condition including sub soil a) Brief description of the arrangements made for storage of construction materials and equipments - whether in open or closed premises.

a)

b) i) Will there be a watch and ward round the clock? ii) If not, what precautions will be taken against theft, malicious damage etc.

b) (i)

11.

12.

THE INSURANCE a) Estimated construction period excluding maintenance period (cover to commence from the date of first arrival of consignment material at site or commencement of work whichever is earlier)

a) . . . . from

b) Cover required during maintenance period, if any

a) . . . .

c) Probable date on which construction is expected to be completed

c)

d) Period of Insurance required

d). . . . months, from………

a)

………

to

....

To…………..

To………..

Yes

No

a) declined?

Yes

No

b) withdrawn?

Yes

No

Yes

No

b)

Has any such proposal been -

c) accepted subject to an rate or special conditions?

increased

SUM INSURED 14.

Month s

months, from……..

Have you approached any other Insurance Co. for Insurance Cover in respect of this Proposal?

b) If yes, please state name of the Insurance Company. 13.

ii)

i)

Contract works -


6

Note-Please attach schedule of quantities and rates and/or values (Permanent & Temporary works including all materials to be incorporated therein) a) Contract Price

Rs. . . . . . . . . .

b) Materials or items supplied by the Principal

Rs. . . . . . . . . .

c) Any additional items not included in (a) and (b) above

Rs. . . . . . . . . .

d) Landed cost of imported items as at construction site (please specify whether included in (a) and/or (b) above) at Exchange Rate -------------

Rs. . . . . . . . . .

TOTAL VALUE OF CONSTRUCTION . . .

Rs………………

ii) Construction Plant & Machinery to be used at the construction site (Details as per attached sheet)

Rs. . . . . . . . . .

iii) Clearance & Removal of Debris

Rs. . . . . . . . . .

iv) Insured's own surrounding property.

Rs. . . . . . . . . .

v) Extra charges for Express Freight (excluding Air Freight) overtime Sunday & Holiday rates of wages, if required. vi) On increased Replacement value for item i (a) (b) & (d) above, if required

Rs. . . . . . . . . .

Rs. . . . . . . . . .

( --------- % )

vii) Third Party liability -

15.

a) for any one accident

Rs. . . . . . . . . .

b) for all Accidents during the period

Rs. . . . . . . . . .

Do you wish to opt for higher amounts of Deductible Excess? If yes, whether

i) 2 times

ii) 5 times

Yes Iii ) 10 times

No iv) 20 times

I/We the undersigned hereby declare that the above statements and particulars are true and complete and I/We declare and agree that this declaration and the answers given above shall be held to be promissory and shall be the basis of the contract between me/us and the company. ---------------------------------Tariff Advisory Committee 1-1-01

7

Place................. Date.................. Signature.....................

Proposer’s

Section 41 of Insurance Act 1938 PROHIBITION OF REBATES 1. No person shall allow or offer to allow, either directly or indirectly as an inducement to any person to take out or renew or continue an insurance in respect of any kind of risk relating to lives or property in India, any rebate of the whole or part of the commission payable or any rebate of the shown in the policy; nor shall any person taking out or renewing or continuing a policy accept any rebate, except such rebate as may be allowed in accordance with the published prospectus or tables of the Insurer. 2. Any person making default in complying with the provisions of this section shall be punishable with fine, which may extend to five hundred rupees.

CONTRACTOR'S ALL RISKS INSURANCE POLICY

Issuing Office Agency

Policy No

THE SCHEDULE The Company ____________________________________INSURANCE COMPANY LIMITED The Insured – ---------------------------------Tariff Advisory Committee 1-1-01

8

a) Name & Address of the Principal b) Name & Address of the Contractor(s) c) Location of contract site Period of Insurance From . . . . . . . . . . . . to . . . . . . . . . . .. plus . . . . . . months maintenance period. (Subject to adjustment on completion of the project) Rupees . . . . . . . Description of contract works – Insured Items

Sum Insured

SECTION I – MATERIAL DAMAGE – 1. Contract works (Permanent and Temporary works including all materials to be incorporated therein) – 1.1

Contract price

1.2

Materials or items supplied by the Principal

Rs. . . . . .

2. Any other works, & installations not included in 1.1 and 1.2 above (eg camp, colony, stores etc as per list enclosed) 3. Construction Plant & Machinery (Memo. 6) (as per list enclosed)


9

4. Extensions (on First loss Indemnity basis) – 4.1

Express Freight, Overtime (Memo 5)

4.2

Principal’s Surrounding Property (Memo 7)

4.3

Debris removal (of insured property)

4.4

Any other extension (e.g. Escalation, Air Freight, Addl.

Custom

extended

Duty,

maintenance

Maintenance cover

as

visits per

or

forms

attached ) ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------TOTAL FOR SECTION 1 . .

Rs. . . . . . .

SECTION II – THIRD PARTY LIABILITY – 1. Limit of indemnity in respect of any one accident or series of accidents arising out of one event. 2.

Total limit of Section II during policy period.

Rs. . . . . . Rs. . . . . .

EXCESSES FOR SECTIONS I & II 1. for Storage & Construction claims

Rs. . . . . . each claim

2. for Maintenance period claims


3. for Major peril claims as per Memo 8 of Section I


SIGNED ON BEHALF OF THE COMPANY AT _____ THIS ______ DAY OF ______ 2001 EXAMINED CONTRACTOR'S ALL RISKS INSURANCE POLICY WHEREAS the insured named in the schedule hereto had made to __________________________ Co Ltd. (hereinafter called "the Company") a written ---------------------------------Tariff Advisory Committee 1-1-01

10

proposal by completing a proposal form which together with any other statements made in writing by the Insured for the purpose of this policy, is deemed to be incorporated hereto. NOW THIS POLICY OF INSURANCE WITNESSETH that subject to and in consideration of the Insured having paid to the Company, the mentioned in the schedule and subject to the , exclusions, provisions and conditions contained herein or endorsed hereon the Company will indemnify the Insured in the manner and to the extent hereinafter provided. GENERAL EXCLUSIONS The Company will not indemnify the Insured in respect of loss, damage or liability directly or indirectly caused by or arising out of or aggravated by a) War, Invasion, Act of foreign enemy, hostilities or War like operations (whether war be declared or not) Civil War, rebellion, revolution, insurrection, mutiny, Civil commotion, Military or usurped power, martial law, conspiracy, confiscation, commandeering a group of malicious persons or persons acting on behalf of or in connection with any political organisation, requisition or destruction or damage by order of any Government de jure or defacto or by any Public, Municipal or Local Authority; b) Nuclear reaction, Nuclear radiation or Radioactive contamination; c) Willful act or representative;

willful

negligence

of

the

Insured

or

of

his

responsible

d) Cessation of work whether total or partial. In any action, suit or other proceedings where the Company, allege that by reason of the provisions of Exclusion (a) above any loss, destruction, damage or liability is not covered by this insurance, the burden of proving that such loss, destruction, damage or liability is covered shall be upon the Insured. PERIOD OF COVER Construction Period The liability of the Company shall commence, (notwithstanding any date to the contrary specified in the Schedule) only from the time of commencement of work after the unloading of the property specified in the schedule from any conveyance at the site specified in the schedule whichever is earlier and shall expire on the date specified in the schedule. However, the Company’s liability expires also for parts of the insured contract works taken over or put into service by the Principal prior to the expiry date specified in the policy whichever shall be earlier. ‘If actual construction period is shorter than the period indicated in the schedule, no refund of shall be allowed unless specifically allowed by Insurers.’ ---------------------------------Tariff Advisory Committee 1-1-01

11

At the latest, the insurance shall expire on the date specified in the Schedule but if the work of construction included in the insurance is not completed within the time specified hereunder, the Company may extend the period of insurance but the Insured shall pay to the Company additional at rates to be prescribed by the Company.

GENERAL CONDITIONS – 1. The due observance and fulfillment of the of this Policy in so far as they relate to anything to be done or complied with by the Insured and the truth of ---------------------------------Tariff Advisory Committee 1-1-01

12

the statement and answers in the questionnaire and proposal made by the Insured shall be a condition precedent to any liability of the company. 2. The Schedule and the Section(s) shall be deemed to be incorporated in and form part of this Policy and expression ‘this Policy’ wherever used in this contract shall be read as including the Schedule and the Section(s). Any word or expression to which a specific meaning has been attached in any part of this Policy or of the Schedule or of the Section(s) shall bear such meaning wherever it may appear. 3. The Insured shall at his own expense take all reasonable precautions and comply with all reasonable recommendations of the Company to prevent loss, damage or liability and comply with statutory requirements and manufacturers' recommendations. 4. a) Representatives of the Company shall at any reasonable time have the right to inspect and examine the risk and the Insured shall provide the representatives of the Company with all details and information necessary for the assessment of the risk. (b)

The Insured shall immediately notify the Company by Telegram and in writing of any material change in the risk and cause at his own expense such additional precautions to be taken as circumstances may require and the scope of cover and/or shall, if necessary, be adjusted accordingly. No material alteration shall be made or itted by the Insured where by the risk is increased unless the continuance of the Insurance be confirmed in writing by the Company. 5.

In the event of any occurrence, which might give rise to a claim under this Policy, the Insured shall – a) Immediately notify the Company by Telephone or Telegram as well as in

writing giving an indication as to the damage;

nature and extent of loss or

b) take

all steps within his power to minimise the extent of the loss or damage;

c) preserve the parts affected and make them available for inspection by a

representative or Surveyor deputed by the company; d) furnish all such information and documentary evidence as the Company

may require; ---------------------------------Tariff Advisory Committee 1-1-01

13

e) inform the police authorities in case of loss or damage due to theft or

burglary. The Company shall not in any case be liable for loss, damage or liability of which no notice has been received by the Company within 14 days of its occurrence. Upon notification being given to the Company under this condition the Insured may carry out the repair or replacement of any minor damage not exceeding Rs. 2,500/-. In all other cases a representative of the Company shall have the opportunity of inspecting the loss or damage before any repairs or alterations are affected. If a representative of the Company does not carry out the inspection within a period of time which could be considered as adequate under the circumstances the Insured is entitled to proceed with the repairs or replacement. The liability of the Company under this Policy in respect of any item sustaining damage shall cease if said item is not repaired properly without delay. 6. The Insured shall at the expense of the Company do and concur in doing and permit to be done all such acts and things as may be necessary or required by the Company in the interest of any rights or remedies, or of obtaining relief or indemnity from parties (other than those Insured under this Policy) to which the Company shall be or would become entitled or subrogated upon their paying for or making good any loss or damage under this Policy, whether such acts and things shall be or become necessary or required before or after the Insured's indemnification by the Company. 7. If any dispute or difference shall arise as to the quantum to be paid under this Policy (liability being otherwise itted) such difference shall independently of all other questions be referred to the decision of a sole arbitrator, to be appointed in writing by the parties to or, if they cannot agree upon a single arbitrator within 30 days of any party invoking Arbitration, the same shall be referred to a of three Arbitrators comprising of two Arbitrators - one to be appointed by each of the parties to the dispute/difference, and the third Arbitrator to be appointed by such two Arbitrators and arbitration shall be conducted under and in accordance with the provisions of the Arbitration and Conciliation Act 1996. It is clearly agreed and understood that no difference or dispute shall be referable to arbitration as hereinbefore provided, if the Company has disputed or not accepted liability under or in respect of this Policy. It is hereby expressly stipulated and declared that it shall be a condition precedent to any right of action or suit upon this Policy that the award by such Arbitrator/Arbitrators of the amount of the loss or damage shall be first obtained.


14

8. If a claim is in any respect fraudulent, or if any false declaration is made or used in thereof, or if any fraudulent means or devices are used by the Insured or any one acting on his behalf to obtain any benefit under this Policy, or if a claim is made and rejected and no action or suit is commenced within three months after such rejection or, in case of arbitration taking place as provided therein, within three months after the Arbitrator or Arbitrators or Umpire have made their award, all benefits under this Policy shall be forfeited. 9. If at the time any claim arises under this Policy there be any other insurance covering the same loss, damage or liability the Company shall not be liable to pay or contribute more than their rateable proportion of any claim for such loss, damage or liability. 10. This insurance may be terminated at the request of the Insured at any time in which case the Insurers will refund appropriate amount subject to the following conditions i) Claims experience under the policy as on date of than 60 % of reworked .

cancellation should be less

ii) ‘The unexpired period is not less than 3 months or 25 % of the policy period whichever is less’. iii) Testing period should not have commenced. This insurance may also at any time be terminated at the option of the Company by 15 days notice to that effect being given to the Insured in which case the Companies shall be liable to repay on demand a rateable proportion of the for the unexpired term from the date of cancellation. SECTION I - MATERIAL DAMAGE The Company hereby agrees with the Insured (subject to the exclusions and conditions contained herein or endorsed hereon) that if, at any time during the period of insurance stated in the said Schedule, or during any further period of extension thereof the property (except packing materials of any kind) or any part thereof described in the said Schedule be lost, damaged or destroyed by any cause, other than those specifically excluded hereunder, in a manner necessitating replacement or repair the Company will pay or make good all such loss or damage upto an amount not exceeding in respect of each of the items specified in the Schedule the sum set opposite thereto and not exceeding in the whole the total sum insured hereby. The Company will also reimburse the Insured for the cost of clearance and removal of debris following upon any event giving rise to an issible claim under this Policy but not exceeding in all the sum (if any) set opposite thereto in the Schedule.


15

EXCLUSIONS TO SECTION - I The Company, shall not, however, be liable for – a) the first amount of the loss arising out of each and every occurrence shown as Excess in the Schedule; b) loss discovered only at the time of taking an inventory; c) normal wear and tear, gradual deterioration due to atmospheric conditions or lack of use or obsolescence or otherwise, rust, scratching of painted or polished surfaces or breakage of glass; d) loss or damage due to faulty design; e) the cost of replacement, repair or rectification of defective material and/or workmanship, but this exclusion shall be limited to the items immediately affected and shall not be deemed to exclude loss of or damage to correctly executed items resulting from an accident due to such defective material and/ or workmanship; f) the cost necessary for rectification or correction of any error during construction unless resulting in physical loss or damage; g) loss of or damage to files, drawings, s, bills, currency, stamps, deeds, evidence of debt, notes, securities, cheques, packing materials such as cases, boxes, crates; h) any damage or penalties on of the Insured's non-fulfillment of the of delivery or completion under his Contract of construction or of any obligations assumed there under or lack of performance including consequential loss of any kind or description or for any aesthetic defects or operational deficiencies; i) loss of or damage to vehicles licensed for general road use or water borne vessels or Machinery/Equipment mounted or operated or fixed on floating vessels/craft/barges or aircraft.

PROVISIONS APPLYING TO SECTION - I Memo 1 - SUM INSURED – It is a requirement of this Insurance that the sum of insurance stated in the schedule shall not be less than the completely erected value of the property inclusive of freights, custom duty, erection cost and the insured undertakes to ---------------------------------Tariff Advisory Committee 1-1-01

16

increase or decrease the amount of insurance in the event of any material fluctuation in the level of wages or prices. Provided always that such increase or decrease shall take effect only after the same has been recorded on the policy by the Company. If in the event of the occurrence of a loss, or damage it is found that the Sum insured representing the completely erected value of the property and/or of particular item involved is less than the amount required to be insured, then the amount recoverable by the insured under this policy shall be reduced in such proportion as the Sum Insured bears to amount required to be insured. Memo 2 - ADJUSTMENT – The Sum Insured under the Policy representing the complete value of the contract works shall be adjustable at completion of the construction on the basis of actual values to be declared by the insured in respect of freight and handling charges, customs dues and construction cost and difference in shall be met with by payment at the rate agreed to or by the insured as the case may be. Any increase or decrease in the Prime cost of materials shall not be the subject matter of adjustment. Memo 3

- REINSTATEMENT OF SUM INSURED –

In the event of loss or damage the Insurance shall notwithstanding be maintained in force during the period of insurance for the Sum Insured the Insured undertaking to pay a pro-rata additional on the full amount of each claim for the loss or damage from the date of such loss to the expiry of the period of Insurance. Memo 4 - BASIS OF LOSS SETTLEMENT – In the event of any loss or damage the basis of any settlement under this Policy shall be -

a) in the case of damage which can be repaired the cost of repairs necessary to restore the property to their condition immediately before the occurrence of the damage less salvage, or b) in the case of a total loss - the actual value of the property immediately before the occurrence of the loss less salvage; however, only to the extent the cost claimed has to be borne by the Insured and to the extent they are included in the Sum Insured and provided always that the provisions and conditions have been complied with. All damages, which can be repaired, shall be repaired, but if the cost of repairing any damage equals or exceeds the value of the property immediately before the occurrence of the damage, the settlement shall be made on the basis provided for in (b) above.


17

The cost of any provisional repairs will be borne by the Company if such repairs constitute part of the final repairs and do not increase the total repair expenses. The cost of any alterations, additions and/or improvements shall not be recoverable under this Policy. Memo 5 - EXTENSION OF COVER – Any extra charges incurred for overtime, work on holidays, express freight (excluding air freight) are not covered by this insurance unless agreed upon at an additional to be prescribed by the Company. Memo 6 - CONSTRUCTION PLANT AND MACHINERY – Loss of or damage to Construction Plant and Machinery excludes loss or damage directly caused by its own explosion or its own mechanical or electrical breakdown or derangement. Memo 7 - SURROUNDING PROPERTY – Loss of or damage to property located on or adjacent to the site and belonging to or held in care custody or control of the Principal (s) or the Contractor(s) shall only be covered if occurring directly due to the construction of the items insured under Section I and happening during the period of cover, and provided that a separate Sum therefore has been entered in the Schedule under Section I, for Principal’s surrounding specified property. This cover does not apply to construction/erection machinery, plants and equipment. Memo 8 - MAJOR PERILS/AOG Perils – The major peril/Acts of God claims shall mean claims arising out of – a) b) c) d)

Earthquake - Fire & Shock Landslide/Rockslide/Subsidence Flood/Inundation Storm/Tempest/Hurricane/Typhoon/Cyclone/Lightning or other atmospheric disturbances. e) Collapse f) Water damage for ‘wet’ risks i.e. contract involving works in rivers, canals, lakes or sea. Memo 9. REINSTATEMENT OF THE INDEMNITY LIMIT Reinstatement of the indemnity limit on payment of additional after occurrence of claim can be allowed for extensions like express freight, overtime, surrounding property, airfreight. However, in respect of Third Party Liability, reinstatement can be allowed upto overall limit of Rs.1 crore during entire Policy period.


18

Memo 10. THIRD PARTY LIABILITY Third party liability (TPL) cover cannot be granted during extended maintenance. SECTION II - THIRD PARTY LIABILITY The company will indemnify the insured against a) legal liability for accidental loss or damage caused to property of other persons including property held in trust by or under custody of the Insured for which he is responsible excluding any such property used in connection with construction thereon. b) legal liability (liability under contract excepted) for fatal or non-fatal injury to any persons other than the Insured's own employees or workmen or employees of the owner of the works or premises or other firms connected with any other construction work thereon, or of the Insured's family or of any of the aforesaid; directly consequent upon or solely due to the construction of any property described in the Schedule. Provided that the total liability of the Company during the period of Insurance under this cause shall not exceed the limits of Indemnity set opposite thereto in the Schedule. In respect of a claim for compensation to which the indemnity provided herein applies, the Company will, in addition, indemnify the Insured against a) all costs and expenses of litigation recovered by any claimant from the Insured, b) all costs and expenses incurred with the written consent of the Company. The exclusion contained in paragraphs (d), (f) & (g) in Section I of this Policy shall apply also to this Section.

EXCLUSIONS TO SECTION II The Company will not indemnify the Insured in respect of -

1. The Excess stated in the Schedule to be borne by the Insured in any one occurrence related to property damage.

2. Expenditure incurred in doing or redoing or making good or repairing or replacing anything covered or coverable under Section I of this Policy;


19

3. Liability consequent upon a) bodily injury to or illness of employees or workmen of the Contractor(s) or the Principal(s) or any other firm connected with the project which or part of which is insured under Section I, or of their families; b) Loss of or damage to property belonging to or held in care custody or control of the Contractor(s), the Principal(s) or any other firm connected with the project which or part of which is insured under Section - I, or an employee or workman of one of the aforesaid; c) any accident caused by vehicles licensed for general road use or by waterborne vessels or aircraft; d) any agreement by the Insured to pay any sum by way of indemnity or otherwise unless such liability would have attached also in the absence of such agreement. CONDITIONS APPLYING TO SECTION II 1. No ission, offer, promise, payment or indemnity shall be made or given by or on behalf of the Insured without the written consent of the Company who shall be entitled, if they so desire, to take over and conduct in the name of the Insured the defence or settlement of any claim or to prosecute for their own benefit in the name of the Insured any claim for indemnity or damage or otherwise and shall have full discretion in the conduct of any proceeding or in the settlement of any claim and the Insured shall give all such information and assistance as the Company may require. 2. The company may, so far as any accident is concerned, pay to the Insured the limit of indemnity for anyone accident/ anyone period, but deducting therefrom in such case any sum/s already paid as compensation in respect thereof or any lesser sum for which the claim or claims arising from such accident can be settled and the company shall thereafter be under no further liability in respect of such accident under this section. PART 1- RATE SCHEDULE FOR CONTRACTORS' ALL RISKS INSURANCE HAVING SUM INSURED UPTO RS.100 CRORES Risk Code

(1)

S. No

(2)


Risk

(3)

Rates (%o) Minm Rate upto first 3 months (4)

20

Addl. Rate per month beyond 3 months (5)

Excess - 5 % of claim amount subject to Minm of Rs. AOG/Major Normal Perils/ Collapse (6)

(7)

1. Residential

and commercial buildings, Office buildings, Schools, Universities, Hotels, Motels, Restaurants, Hospitals, Airport buildings of –

011011

012032

a)

b)

013022

c)

014043

d)

--

016096

017106

---

---

---

e)

f)

g)

h)

i)

j)

Other than RCC and not more than 2 storeys

1.00

0.02

3,000/-

10,000/-

1.75

0.025

5,000/-

20,000/-

1.50

0.025

5,000/-

20,000/-

RCC Framed structure above 5 storeys and upto 10 storeys

2.00

0.03

5,000/-

20,000/-


2.25

0.035

5,000/-

20,000/-


3.00

0.05

50,000/-

2,00,000/-


3.25

0.05

50,000/-

2,00,000/-


3.50

0.05

50,000/-

2,00,000/-


3.75

0.05

50,000/-

2,00,000/-


4.00

0.05

50,000/-

2,00,000/-

Other than RCC and exceeding 2 storeys and upto 5 storeys RCC framed structure not more than 5 storeys

2. Theaters, Auditorium and Cinema Halls 021041

022043

023063

a)

b)

c)

Height not exceeding 22 m and span not exceeding 10 m

2.00

0.02

3,000/-

10,000/-

Height not exceeding 22 m and span exceeding 10 m

2.00

0.03

5,000/-

20,000/-

Height exceeding 22 m and span not exceeding 10 m

2.25

0.03

10,000/-

40,000/-


21

024073

d)

Height exceeding 22 m and span exceeding 10 m

2.50

0.03

10,000/-

40,000/-

3. Factory sheds, Warehouses, Cold storages, Hangars – 031061

a)

Other than construction

RCC

032041

b)

RCC

033051

c)

Hangars having walls of I) RCC or ii) Rolled steel in 50 mm thick concrete or 100 mm thick masonry with walls of RCC, burnt bricks, stone or concrete bonded in cement and/or lime mortar and having roof of combination of RCC and GI/ Aluminium/AC Sheets on steel RCC framework.

2.25

0.02

10,000/-

40,000/-

2.00

0.02

5,000/-

20,000/-

2.125

0.02

10,000/-

40,000/-

4. Chimneys, Silos and Cooling Towers (other than hyperbolic or natural draught type) TV Towers 041072

042115

043128

a)

b)

c)

Upto 15 m height and exceeding 10 m diameter.

2.50

0.025

10,000/-

40,000/-

Exceeding 15 m height and exceeding 10 m diameter.

3.50

0.04

10,000/-

40,000/-

Hyperbolic or Natural draught cooling tower

4.00

0.105

1,00,000/ -

2,00,000/-

5. Roads – 051042

a)

In townships only

2.00

0.025

5,000/-

20,000/-

052073

b)

In Plain Areas

2.50

0.03

5,000/-

20,000/-

053095

c)

In Hilly/Ghat areas

3.00

0.04

10,000/-

40,000/-

Notes – 1. Where value of culverts and Road bridges does not exceed 20 % of the contract value, the same may be deemed as covered at the above rates. Where the value exceeds 20 %, the proposal shall be rated as per Tariff Item ‘Culverts and Canals’ (not involving works in water). 2. Where the tunnel value exceeds 10% of the contract value, a reference should be made to Tariff Advisory Committee (Engg. sub-committee) for rate of to be charged in addition to the above rates.


22

061097

6

Interior works

decoration

3.00

0.10

10,000/-

40,000/-

071042

7

Runways, Aprons and Air Taxiways at Airports.

2.00

0.025

5,000/-

20,000/-

--

8

Flyovers on Land -

081073

a)

Span not exceeding 15 m

2.50

0.03

5,000/-

20,000/-

082095

b)

Span exceeding 15 m

3.00

0.04

10,000/-

40,000/-

---

9

Subways on Land –

091073

a)

Width not exceeding 15 m

2.50

0.30

5,000/-

20,000/-

092095

b)

Width exceeding 15 m

3.00

0.40

10,000/-

40,000/-

20,000/-

10.

Road bridges on land made of –

101096

a)

Steel

3.00

0.05

5,000/-

102116

b)

RCC or Pre-stressed concrete

3.50

0.05

10,000/-

103136

c)

Other materials

5.00*

0.10*

20,000/-

40,000/80,000/-

* Provisional rates, reference to be made to TAC for final rate quotation.

11.

Bridges on rivers/creeks, dams/coffer dams, aqua ducts, via-ducts, barrages, structure works in water –

111127

--

Weir-cum-causeway

6.00

0.10

1,50,000/ -

5,00,000/-

Note - In respect of bridges, the above rates will be applicable only when both sub- structure and super-structure are covered. Otherwise reference should be made to the TAC.

12. (I) Reservoirs/Tanks of materials (Other than steel) – 121093

a)

Surface and under ground

3.00

0.30

5,000/-

20,000/-

122115

b)

Overhead

3.50

0.40

5,000/-

20,000/-

(II) Reservoirs/Tanks of steel – 123062

a)

Surface and under ground

2.25

0.025

5,000/-

20,000/-

124073

b)

Overhead

2.50

0.03

5,000/-

20,000/-


23

13.

Tunnels –

131157

I

Above sea level

132167

II

Below sea level

133147

--

Bridges on rivers/ creeks, Dams, Coffer dams etc.

14.

7.00 10.00 6.00

0.10

2,00,000

5,00,000

0.10

4,00,000

8,00,000

0.10

1,50,000

5,00,000

Laying of oil/gas pipelines -

140001

a)

On Land

Provisional rate Rs.15 per mille

140002

b)

Under Sea or River

Reference to be made to TAC for final rate quotation.

15. 151043

Water supply --

Water Supply Installations for housing colonies including pump house with pumps, valves and piping and water supply lines but excluding water storage tanks

2.00

0.03

3,000

10,000

Note - Laying of Water Pipelines Water Supply Scheme - to be rated as per EAR tariff (Cir. No. EAR/45/97-16 dated 11-6-97)

16. 161043

171073

181013

191011

Sewage disposal – --

17

18

19

System for Housing Colonies including Pump house with pump, sewage treatment Plant, holding ponds, sewer/ drainage lines and storm water drains & Channels Underground and overhead water storage tanks for residential/ comm.- ercial buildings and housing colonies

Ground leveling and area reclamation work Fixing of pre-cast RCC Parts for buildings, construction of compound wall and weather sheds for existing building/ apartments


2.00

0.03

3,000

10,000

2.50

0.03

3,000

10,000

1.00

0.03

3,000

10,000

3,000

10,000

1.00

24

0.02

201011

20

Other sundry works for residential/ commercial buildings like water proofing

1.00

0.02

3,000

10,000

plastering of walls 211137

21

All other risks covered above

221089

22

Under ground ducting

231128

23

Natural Draught Cooling Towers

241116

24

Pile Foundations alone in respect of buildings & other structures

251087

25

not cable

Canals/ culverts (Not involving works under water)

5.00* 2.75

0.10* 0.50

4.00

3.50

0.105

0.05

2.75

0.10

20,000*

80,000*

20,000

80,000

1,00,000

2,00,000

1,00,000

2,00,000

20,000

80,000

Note - Refer Item -5 (Roads) for canals / culverts forming part of the Road construction 260000

26

Railway Gauge conversion (Meter gauge to Broad gauge)

270000

27

Acquaculture Project: Laying of HDPE Pipes/Accessories for Sea Water Intake Systems for Acquaculture Project - to be rated as “Works in Water”

3.00

0.03

10,000

40,000

Note - Circular No Engg/Gen-24/2000-2 dtd 29-3-2000 - By this decision, it is allowed to cover the ‘Exclusion-C-Section-1’ which excludes losses arising out of ‘breakage of glass’ among other things as indicated in the exclusion-c) by payment of additional . i)

CAR rate so worked out as per tariff provision should be loaded by 25 %

ii)

Excess on glass items shall be 10% of aggregate Sum Insured of all glass items.

PART-II GENERAL REGULATIONS 1. JURISDICTION – This applies to all Risks located in India, for which the value of the Civil Works involved is more than 50 % of the total contract value. 2. SCOPE 3. SUM INSURED -


25

For the purpose of these regulations the Sums Insured on the following items are to be taken into for arriving at total Sum Insured for CAR Insurance – a) b) c) d) e) f)

Marine (Imports)- Landed cost at site Marine (Indigenous)- Landed cost at site Cost of Construction Permanent Civil Engineering Works Half the escalated value, if escalation is opted for. Preoperative expenses

4. MARINE/TRANSIT RISKS Where Marine/Transit Insurance connected with Contractor’s All Risks Insurance of any project is placed in India simultaneously or later on in one combined policy or under separate policies, in one department or in different departments, the matter relating to Contractors All Risks Cover is required to be underwritten, subject to these General Regulations. The loss due to breakage of glass can, however, be covered by payment of additional as follows i) CAR rates so worked out as per tariff provisions should be loaded by 25 % ii) Excess on glass items shall be 10 % of aggregate sum insured of all glass items.

5. SUB-CONTRACTS FORMING PART OF A PROJECT As regards Sub-Contracts forming part of a project, it is clarified that irrespective of whether the project value has been broken into various sections and orders/contracts are placed with different suppliers/contractors/Sub-Contractors OR the Insureds carry out the work themselves departmentally, the Insurances for all such Sub-Contracts are subject of these General Regulations. 6. COMPUTATION OF shall be computed for the total period commencing from i) Commencement of work OR ii) Date of arrival of the first consignment at the site of erection whichever is earlier. 7. STORAGE RATE AT FABRICATORS PREMISES/WORKSHOP: This is an extension to CAR Policy and can be covered. Storage Rate – Re. 0.30 per mille per annum or part thereof Excess Rs. 1500 each claim. 8. ADDITIONAL RATES FOR EARTHQUAKE (FIRE & SHOCK) PERILS ---------------------------------Tariff Advisory Committee 1-1-01

26

Irrespective of the Sum Insured for CAR the following additional rates are to be charged over the CAR Rate for risks located in Earthquake Zone (as defined in the Fire Tariff). Zone Zone Zone Zone Zone

Applicable rate (%o) per annum

-I – II – III – IV

1.00 0.50 Nil Nil

Notes a) These additional rates take care of Earthquake (Fire and Shock) perils only. b) These additional rates are to be charged on pro-rata basis for period shorter than one year. c) All Acts of God perils other than Earthquake (Fire and shock) are taken care of in the CAR Rates prescribed. However no reduction in the rates can be allowed for excluding any of these perils. d) The Additional rates mentioned above (namely Rs.1.00 % per annum for risks located in Earthquake Zone I and 0.50 % per annum for risks located in Earthquake Zone II) are to be charged for the total CAR period (Including all extensions). e) Earthquake cover is optional in both the Zones I & II but this cannot be opted mid-term or for part of the total CAR period. Thus these extras (viz Rs.1.00 per mille per annum for Risks in Zone I and Rs. 0.50 per mille per annum for risks in Zone II) are to be charged for total CAR period (including all extensions). 9. MID-TERM INCREASE IN SUM INSURED DURING POLICY PERIOD In cases where the Sum Insured for CAR is required to be increased during the policy period, the should be collected on the additional Sum insured at applicable CAR rates. It is not permissible to charge pro-rata on such increased sum insured. Mid-term increase in SI shall be affected only after the same has been recorded in the policy by the Company before the occurrence of any claim. In such cases no Volume Discount shall be applicable. 10.

EXCESS FOR CLAIMS ARISING OUT OF ‘ACTS OF GOD PERILS’ –

a) Column No. 7 of the Part- I - Rate Schedule prescribes minimum excess amount for Collapse Claims and Claims arising out of AOG Perils (viz. Earthquake/Fire and Shock/Landslide/Rock-slide/Subsidence, Flood/ Inundation/ Storm/ Tempest/ Hurricane/ Typhoon /cyclone). For risks situated in Earthquake Zone I and II the minimum excess for claims arising out of AOG perils shall be as under during the entire policy period (including all extensions) – Zone – ---------------------------------Tariff Advisory Committee 1-1-01

Rs. 25,000/- per 27

I claim Zone – Rs. 10,000/- per II claim B) For risks situated in Earthquake Zone III and IV the minimum excess for claims arising out of AOG perils shall be the excess prescribed in Column No. 7 of Rate Schedule. The excess amounts shall apply separately to each incident giving rise to loss or damage and for this purpose a incident shall not be considered to have terminated until there have been seven consecutive days freedom from the perils concerned and only thereafter will this excess amount apply afresh. C) In respect of those CAR Risks located in Earthquake Zone I or II where clients do not require the cover for Earthquake Perils, the excess amount applicable for all AOG perils other than Earthquake (Fire and Shock) will be the same as prescribed in Column No. 7 of the Rate Schedule. D) In respect of those CAR Risks where the excess prescribed in Column No. 7 of the Rate Schedule is higher than excess amounts prescribed above for Zone I and II (viz. Rs. 25,000/- per claim for Zone I and Rs. 10,000/- per claim for Zone II) the higher of the two excesses should be applied in respect of AOG Claims. 11.

DISCOUNT FOR HIGHER EXCESS & VOLUME DISCOUNT -

A) All rates for Contractor’s All Risks Insurance are subject to minimum Excess per claim and separately for (a) Normal (b) AOG/Collapse Claims as prescribed. Discounts for opting Higher Excesses (both for Normal and AOG/Collapse Claims at the same time) can be allowed in the CAR rate (as per Rate Schedule) as per the following Scale – Excess

Discount in

2 times the minimum Excess 5 times the minimum Excess 10 times the minimum Excess 20 times the minimum Excess

5% 10 % 20 % 30 %

B) Earthquake rates and s for risks located in Earthquake Zones I and II are distinct from the Rates and s applicable to 'All Risks’ portions of the CAR Cover, it is permissible to grant discount as per following scale in the Earthquake alone. Earthquake Excess increased to ---------------------------------Tariff Advisory Committee 1-1-01

Discount in Earthquake 28

2 5 10 20

times times times times

the the the the

minimum minimum minimum minimum

Excess Excess Excess Excess

5 10 20 30

% % % %

Notes – 1. These discounts in the Earthquake only, can be allowed irrespective of whether the increased Excesses for Normal/Collapse Claims are opted or not for the CAR Cover. 2. The higher Earthquake Excess will qualify for discounts in the Earthquake only and not in the CAR , for which the provisions under Item No. (A) above would continue to apply. C) The discounts applicable in the CAR Rate and/or the Earthquake as explained in (A) and (B) above for selection of higher Excess amounts are also applicable, as under, during any Extensions in the policy period i) in the extension Rates prescribed of the General Regulations; and ii) in the additional rates during Extension period for Earthquake (Fire & Shock) perils prescribed under General Regulations. 12.

CLEARANCE AND REMOVAL OF DEBRIS -

The rate applicable for Contractor's All Risks cover is to be charged on the limit of Sum Insured fixed for ‘Clearance and Removal of Debris'. The Policy Excesses (Normal & AOG/Collapse) should apply for the 'Clearance and Removal of Debris' claims. 13.

THIRD PARTY LIABILITY COVER -

The rate as applicable for CAR Cover is to be charged for Third Party Liability Cover, upto the following limits A) For Policies with sum insured upto Rs. 10.0 Crores Any one person; Any one accident; During the entire period of CAR cover

Upto Rs, 1.00 Crore

B) For policies with sum insured above Rs. 10.0 Crores Any one person; Any one accident; During the entire period of CAR cover Notes -


29

10 % of the completely erected value or Rs. 10.0 Crores whichever is lower.

i) Third Party Liability Insurance in excess of above-mentioned limits should be under written in the Miscellaneous Department at the discretion of the Insurer. ii) The Policy Excesses (Normal & AOG/Collapse Claims) should apply for Third Party Liability Property Damage Claims. iii) For Third Party Liability Claims arising out of Acts of God Perils the Excess applicable to AOG claims should be applied. iv) The Sum Insured for TPL Cover cannot be reinstated after occurrence of a loss. The Tariff extension rate shall apply for TPL cover also during extension period. When different sections of the contract works are covered for different extension periods under the policy, the highest of such Tariff extension rates shall be charged for TPL cover during extension. v) The TP Liability cover cannot be granted during extended maintenance 14.

SURROUNDING PROPERTY OF THE INSURED -

For covering the specified Surrounding Property of the Insured the rate applicable will be 50 % of the CAR rate and this is to be charged on the limit of Sum Insured fixed for the Surrounding Property. The Policy Excesses (Normal & AOG/Collapse Claims) should apply for Surrounding Property also. 15.

ESCALATION PROVISION -

Escalation Benefit will be limited to a maximum of 50% of the sum insured for CAR (the escalation limit may be expressed either in percentage or in amount) and will be permitted only once at the time of inception of the CAR Policy. Additional is to be charged for `Escalation Provision' at the rates prescribed for CAR but on the 50% of the amount of escalation. The method of calculation will be as under – a) Assume the Project Sum Insured ... Rs. 4 Crores b) Assume Escalation percentage is 10 % i.e. Rs. 40 Lakhs c) Additional to be charged at the prescribed rate for CAR cover will be on 50 % of the Escalation Provisional cover i.e. on. ... Rs.20 Lakhs 16. ADDITIONAL RATE FOR EXPRESS FREIGHT (AIR FREIGHT EXCLUDED) HOLIDAY AND OVERTIME RATES OF THE WAGES The additional for covering Express Freight (Air Freight excluded), Holiday and Overtime Rate of Wages, will be at the basic CAR Rate (excluding extras for Earthquake, etc.) to be applied on the limit selected.


30

17. ADDITIONAL RATE FOR AIR FREIGHT ONLY – ( refer Endt. For Air Freight ) The Rate and excess as under shall be charged exclusively for items of Air Freight only and subject to the limit selected by the Insured for Indemnity against Air Freight only – Rate . . . Excess . . .

5 % on the amount of indemnity selected 5 % of the Air Freight incurred per claim

The Endorsement Wording for covering the Air Freight will be as under -‘It is hereby declared and agreed that the Policy shall also indemnify towards Air Freight incurred by the Insured in connection with the idemnifiable loss under the Policy. In consideration thereof an additional of Rs._______ is charged hereby. Limit of indemnity shall be Rs.______ during currency of the Policy. Each and every claim shall be subject to a minimum Excess of 5 % of the Air Freight incurred over and above the excess as applicable under the policy. Subject otherwise to , conditions and exceptions of the policy’. a) ADDITIONAL CUSTOM DUTY The cover for Additional Custom Duty will be subject to the following rates, and conditions a) the cover for Additional Custom Duty will be on First Loss Basis, b) The specific limit for Additional Custom Duty-either in percentage or in amount - has to be selected by the Insured at the inception of the Policy and can be reinstated in the event of loss, c) The rate and excess will be as under Rate

2 % to be charged on the Additional Custom Duty amount selected.

Excess

5 % of the issible Custom Duty incurred, in addition to the Excess amount applicable for the affected item under the policy.

d) Following endorsement wording to be used for the purpose ‘In consideration of the Insured having paid an additional of Rs._______, It is hereby declared and agreed that the insured shall also be indemnified during the currency of this policy, towards the additional Custom Duty amount of Rs.______ which may be incurred by the Insured over and above the Custom Duty amount taken into in arriving at the Sum Insured of the affected item. ---------------------------------Tariff Advisory Committee 1-1-01

31

Each and every claim payable under this extension shall be subject to an Excess of 5 %of the issible Additional Custom Duty incurred and will be in addition to the excess amount applicable for the affected item under the policy. The Indemnity for such Additional Custom Duty will stand reduced after occurrence of the claim unless reinstated by payment of an additional prescribed by the Company. Subject otherwise to the , conditions and exceptions of the policy’. 18.

CONSTRUCTION MACHINERY PLANTS AND EQUIPMENTS -

A separate Sum Insured is fixed for M equipments used for such projects. i) Sum Insured of M does not exceed 5 % of CAR Sum Insured Where the Sum Insured for M equipments does not exceed 5 % of SI for CAR Insurance, or Rs. 25 lakhs whichever is lower, the same can be covered under the CAR policy and at rates and excesses applicable for CAR. ii) Sum Insured of M exceeds 5 % of CAR Sum Insured Where the Sum Insured for M equipments exceeds 5% of SI for CAR Insurance, or Rs. 25 lakhs whichever is lower, the same should be separately covered under the Contractor’s Plant and Machinery Insurance Policy and at rates and excesses as applicable for M Insurance. 19.

RATES FOR EXTENSION BEYOND POLICY PERIOD Normal Period i) ii) iii) iv) v) vi)

Rate per mille

xi)

1 month or part thereof Exceeding 1 month but not exceeding 2 months Exceeding 2 months but not exceeding 3 months Exceeding 3 months but not exceeding 6 months Exceeding 6 months but not exceeding 9 months Exceeding 9 months but not exceeding 12 months Exceeding 12 months but not exceeding15 months Exceeding 15 months but not exceeding18 months Exceeding 18 months but not exceeding 21 months Exceeding 21 months but not exceeding24 months 30 months*

xii)

36 months*

xiii)

42 months*

xiv)

48 months*

vii) viii) ix) x)


32

0.30 0.50 0.75 1.20 1.75 2.00 2.25 2.50 2.75 3.00 3.00 + (30-24)/24 3.25 3.00 + (36-24)/24 3.50 3.00 + (42-24)/24 3.75 3.00 + (48-24)/24

= = = =

4.00 and so on for longer extensions. * Circular no. Engg/Gen-4/24/2000-15, dated October 6, 2000 Irrespective of the number of extensions availed of by the Insured the above extension rates will apply for each extension. For risks located in Earthquake Zones Pro-rata extra of the additional rates for Earthquake (Prescribed under Item No.7 of General Regulations will also apply for Extension Periods beyond policy period, in addition to the Normal Extension Rates for CAR Cover prescribed above. 20. CLAIMS DISCOUNTS LOADING ON CAR EXTENSION RATES For all proposals having Sum Insured above Rs 100 Crores, loading/discount shall apply on extension rates under CAR Tariff depending on the claims experience under the policy at the time of extension. Claims experience as on date of extension more than 10 % more than 30 % more than 60 % more than 100 % more than 200 % more

Upto 10 % upto 30 % upto 60 % upto 100 % upto 200 % upto 300 % than 300 %

Discount/Loading 20 % 15 % 10 % Nil + 10 % + 20 % + 30 %

Notes i) The above discount/loading for extensions to such policies will be applicable only to the project risks with SI above Rs.100 Crores. Extensions to project risks with SI below Rs.100 crores will not be eligible for any discount/loading ii) Maximum discount allowable on CAR rate is 60 % ie. The final rate after all discounts are applied should not be less than 40 % of the basic CAR rate 21.

MAINTENANCE VISITS AND EXTENDED MAINTENANCE COVER -

The policy can be extended to cover the Maintenance Visits and Extended Maintenance. The endorsement wordings and rates and excess for those will be as under i) Limited Maintenance Visits covers Cover In consideration of the payment of additional by the insured (which is included in the total set forth in the schedule) it is hereby declared and agreed that the indemnity provided by this policy is extended to include Maintenance Cover for the period of _______ months to be reckoned ---------------------------------Tariff Advisory Committee 1-1-01

33

from the date of completion or handing over provided the policy period has been extended till completion or handing over. However, during Maintenance Period this Insurance shall cover solely loss of or damage to the contract works caused by the insured contractor(s) in the course of the operations carried out for the purpose of complying with the obligations under the maintenance provisions of the contract. ii) Extended Maintenance Cover -In consideration of the payment of an additional by the insured (which is included in the Total set forth in the Schedule), it is hereby declared and agreed that the indemnity provided by the policy is extended to include Maintenance Cover for the period of ____________ months to be reckoned from the date of completion or handing over, provided the policy period has been extended till completion or handing over. However, during the Maintenance Period this insurance shall cover loss or damage to the contract works a) caused by the Insured contractor(s) in the course of the operations carried out for the purpose of complying with the obligations under the maintenance provisions of the contract. b) occurring during the maintenance period provided such loss or damage was caused on the site during the erection period. The rates and Excesses applicable for Maintenance Cover for 6 &12 months will be as under – Rate Rs. per mille for 6 months for 12 months

Cover

i) Maintenance Visits Cover ii) Extended Maintenance Cover

0.25 0.50

0.50 1.00

Note - Charging on pro-rata basis for periods less than 6 months, or 6 to12 months shall not be allowed. iii) ‘Extended Maintenance Cover’ (beyond 12 months) -

Extended Maintenance Cover could be given for any period longer than 12 months, as required under the contract at the rates prescribed under the Tariff at present. i.e. Re.1.00 per mille per annum. (Circular no. Engg/73-1/99/14, dated Sept. 28, 1999). This provision is effective from 1/10/99. iv) Extension of CAR Policy for Maintenance Visits and Extended Maintenance Cover In case deletion of Maintenance Visits/Extended Maintenance Cover availed at the inception of CAR policies before attachment of the risk, refund of ---------------------------------Tariff Advisory Committee 1-1-01

34

may be given by retaining 25 % of the under this extension. In case the risk is attached no refund shall be allowed for deletion of Maintenance Visits/ Extended Maintenance Cover. 22.

REFUND OF FOR EARLY COMPLETION OF THE PROJECT -

Refund of , arising out of cancellation of policies under CAR insurance due to abandonment of project, double insurance of same project etc. or refund of due to early completion earlier than the period mentioned in policy Schedule (including testing in respect of CAR policies) whether rated by the Insurer or TAC can be allowed provided the following conditions are fulfilled (Circular no. Engg/Gen-4-III/Gen-24-VII/99-4, dated Feb. 24, 1999) – i) The period of insurance is 18 months and above; ii) Notice for early completion being given in advance to the insurer before completion of the project. iii) claims experience under the policy being less then 60 iv) The original policy period is not exceeding the contract period as per contractual clause. In the absence of the existence of the contract, the scheduled project period as per original bar chart should be the policy period. The minimum period for which refund can be claimed shall be 3 months. 23.

REFERENCE TO Tariff Adv. Committee (TAC) -

Any proposal on Contractor's All Risks Insurance with sum insured upto Rs.1,500 crores shall be rated as per Tariff. Reference will be made only in case of doubt. 24. PROVISIONAL RATE QUOTATIONS FOR CAR INSURANCE (HAVING SUMINSURED OVER RS.100 CRORES) Provisional Quotations (if any) to the clients for CAR Insurances having sum insured upto Rs. 1,500 Crores to be made on the following basis of these General Regulations and a reference to be made to TAC (Engineering Sub-Committee) for final fixing of rates and . 25.

PROVISIONAL RATE -

Any Provisional Rate Quotations for CAR Insurances having Sum Insured upto Rs.1500 crores, not consistent with the above, will be treated as breach of Tariff and dealt with accordingly. 26.

BREACH of TARIFF -

Any Rate Quotations for CAR Insurances not consistent with this Tariff will be treated as Breach of Tariff and dealt with accordingly. 27.

GROSS RATES -


35

All Rates specified in the Tariff are Gross Rates and Agency Commission (or discount in lieu of Agency Commission) can be allowed from these Gross Rates, as per Rules Prescribed by General Insurance Corporation of India from time to time.

ANNEXURE ENDORSEMENTS Following endorsements shall be attached to the policies whenever applicable 1. PIPELINE CONSTRUCTION Notwithstanding the conditions and provisions and endorsements of the policy, it is understood and agreed that the following special conditions shall apply a) Excavated material shall be deposited at least one meter away from the trench. b) The length of trenches totally or partially opened at any one time shall never exceed in respect of any one work face __ meters all work faces’ combined total ____ meters. c) Pipe shall be secured against heaving or floating up by covering them sufficiently and as soon as practicable. d) The open ends of pipes shall be provisionally sealed at the end of each working day or in the event of immediate danger of flooding, otherwise expenses for clearing and cleaning of mud-filled pipeline sections shall not be indemnified. e) Loss or damage arising from pressure testing producing tensions exceeding the yield point guaranteed by the manufacturer shall not be covered. f) Loss of testing media shall not be covered. g) Cost incurred in searching for leaks are indemnified - up to but not exceeding the limit per event of ________________ - up to an aggregate limit for the policy period of ________________ however only if the leaks are a consequence of an insured event. ---------------------------------Tariff Advisory Committee 1-1-01

36

h) The Insurer is not liable for any claims due to pollution from any cause whatsoever. 2. EXCLUSION OF LOSS OF STABILISING FLUID Notwithstanding the conditions, provisions and other endorsements of the policy, it is agreed and understood that the Insurers shall not be liable to indemnify the Insured in respect of loss of bentonite or other stabilising fluid even if the quantity of losses originally expected is exceeded. 3. ROAD CONSTRUCTION -It is hereby warranted and agreed that, notwithstanding anything contained in this policy to the contrary, the following special conditions shall apply The length of the working area (excavation and construction of coffer etc., however except final surfacing) shall never exceed _____ meters at any work face and a total of _______ meters at all work faces combined.

4. PILING CONSTRUCTION Notwithstanding the conditions, provisions and other endorsements of the Policy, it is agreed and understood that the Insurers shall not be liable to indemnify the Insured in respect of a) Loss of or damage to piles and/or casings due to misplacement, jamming and/or extraction thereof. b) Costs incurred in case of abandoned piling work, for any reasons not related to accidental loss or damage and mainly due to unforeseen ground conditions when piles cannot be driven to the required depth. 5. ABANDONMENT OF

SHAFTS -

It is hereby agreed and declared that, notwithstanding anything contained in the contrary, this endorsement excludes any loss or damage resulting as a consequence of shaft being abandoned due to any reason whatsoever. 6. CROPS, FORESTS, CULTIVATED AREAS Notwithstanding the conditions, provisions and other endorsements of the Policy, it is agreed and understood that the Insurers shall not be liable to indemnify the Insured in respect of any loss, damage or liability directly or indirectly caused to crops, forests and/or other cultures during the execution of the contract works. 7. EXISTING UNDERGROUND CABLES Notwithstanding the conditions, provisions and other endorsements of the Policy, it is understood and agreed that the following special conditions shall apply -


37

The Insurers shall not be liable under the Policy to indemnify loss or damage to existing underground cables or pipes of any kind (electric cables, telephone cables, water and gas pipes, sewers and other pipelines, etc.) unless prior to the commencement of works - the Insured had requested and obtained from the public authorities or the owners of such an underground system the exact position of all cables or pipes. - the Insured had traced their existence and indicated location. The indemnity shall in any case be restricted to the repair costs of such cables or pipes. Any consequential damage shall be excluded from the policy cover. 8. CONTRACT

WORKS

TIME

SCHEDULE -

Notwithstanding the conditions, provisions and other endorsements of the Policy it is understood and agreed that a) The contract works time schedule together with plans, documents and specifications supplied and any other statements made by the Insured with respect of works programme is deemed to be incorporated herein. b) The Insurers shall not indemnify the Insured in respect of loss or damage caused by, or arising out of, or aggravated by deviations from the contract works time schedule exceeding four weeks, unless the Insurers had agreed in writing to such a deviation before a loss occurred. This memo applies only to the dam works during period of river diversion. 9. TEMPORARY ACCESS ROADS Irrespective of the periods of Insurance specified in the Policy, indemnify the Insured only for unforeseen accidental loss temporary access roads insured under the Policy if such loss or prior to such roads being completed or taken into use for their contractors, whichever takes place first.

the Insurer will or damage to damage occurs purpose by the

10. SPECIAL CONDITIONS CONCERNING THE CONSTRUCTION OF DAM AND WATER RESERVOIR It is agreed and understood that otherwise subject to the , exclusions, provisions and conditions contained in Policy or endorsed thereon the Insurers will not indemnify the Insured in respect of  

grouting of soft rock areas and/or other additional safety measure even if their necessity arises only during construction, expenses incurred for dewatering even if the quantities of water originally expected are exceeded substantially,


38

   

loss or damage due to breakdown of the dewatering system if such breakdown could have been avoided by sufficient stand-by facilities, expenses incurred for additional sealing or water proofing and additional facilities for the discharge of run off and or underground water, expenses incurred for the repairs of eroded slopes or other graded areas, if the Insured has failed to take the measures required or to take them in time, loss or damage due to subsidence if caused by insufficient compacting, cracks and leakage not caused by Insured peril.

11. SPECIAL CONDITIONS CONCERNING SAFETY MEASURES RESPECT TO PRECIPITATION, FLOOD AND INUNDATION -

WITH

It is agreed and understood that otherwise subject to the , exclusions, provisions and conditions contained in the policy or endorsed thereon, the Insurers shall indemnify the Insured for loss, damage or liability caused directly or indirectly by precipitation only if adequate precautions have been taken in deg and executing the project involved. In this context, adequate precautions shall mean that allowance is made for precipitation, flood and inundation up to a return period of 10 years for the location insured and the entire policy period on the basis of statistics prepared by the Meteorological agencies. Loss, damage or liability resulting from the Insured’s not immediately removing obstruction (e.g. sand, trees) from watercourses, whether carrying water or not, in order to maintain free water flow shall not be idemnifiable. 12. SPECIAL CONDITIONS CONCERNING REMOVAL OF DEBRIS FROM LANDSLIDES -

13.

ENDORSEMENT FOR ESCALATION PROVISION –

For Endorsement Wording – Refer Endt. No. …………… ‘In consideration of the payment of an additional of Rs. _______. It is hereby declared and agreed that the Company shall provide for escalation in Sum Insured under items of Section I of the schedule attached to the policy upto__________% of the Original Site value, the basis of claim settlement shall be the original Site value of effected equipment plus increase in cost of replacement, if any, provided that the increase in the value of such equipment does not exceed _______% of the original site value. It is also hereby declared and agreed that in the event of a claim the insured would be considered as fully insured upto the Sum Insured inclusive of _________ % increase as per selected escalation and under-insurance would apply only in the event of the cost of replacement of the effected equipment exceeding the original value of selected ___________% towards escalation. ---------------------------------Tariff Advisory Committee 1-1-01

39

It is however understood and agreed that the collected against price escalation herein above shall not be subject to refund the adjustment clause in the memo 2 of the policy. It is further understood and agreed that in case of additional chargeable during final adjustment, additional escalation will be charged to the insured but in case of any refundable during final adjustment no refund shall be allowed against the escalation already charged to the insured’.


40

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