1995年11月1日协会船舶航次保险条款
1995年11月1日协会船舶航次保险条款
郭国汀
【关键词】协会保险条款、散装油类保险条款
【全文】
1995年11月1日协会船舶航次保险条款
（Institute Voyage Clauses, Hulls 1/11/95）
This insurance is subject to English law and practice
本保险受英国法律和习惯制约
第1条 航海条款（Navigation）
1 NAVIGATION
1.1 The Vessel is covered subject to the provisions of this insurance at all times and has leave to sail or navigate with or without pilots, to go on trial trips and to assist and tow vessels or craft in distress, but it is warranted that the Vessel shall not be towed, except as is customary or to the first safe port or place when in need of assistance, or undertake towage or salvage services under a contract previously arranged by the Assured and /or Owners and/or Managers and/or Charterers. This clause 1.1 shall not exclude customary towage in connection with loading and discharging.
1 航海
1.1 保险船舶在所有时间根据本保险的各项规定承保，并许可在有或没有引航员的情况下开航或航行，试航及协助、拖带遇险船舶或驳船，但保证保险船舶不得被拖带，除非是习惯性的，或当需要协助时被拖带至第一个安全港口或地点，也不得根据被保险人、船舶所有人、管理人和/或承租人事先安排的合同从事拖带或救助服务。但本1.1款不排除与装卸有关的习惯拖带。
1.2 The insurance shall not be prejudiced by reason of the Assured entering into any contract with pilots or for customary towage which limits or exempts the liability of the pilots and/or tugs and /or towboats and/or their owners when the Assured or their agents accept or are compelled to accept such contracts in accordance which established local law or practice.
13 The practice of engaging helicopters for the transportation of personnel, supplies and equipment to and/ or from the Vessel shall not prejudice this insurance.
1.2 本保险不因被保险人签订限制或免除引航员和/或拖船和/或其所有人责任的引航或习惯性拖带的任何合同而受损害，如果被保险人或其代理人根据既定的当地法律或惯例接受或被迫接受此种合同。（1995年新增）
1.3 雇用直升飞机向保险船舶运送和/或从保险船舶运出人员、供应品或设备不损害本保险。
1.4 In the event of the Vessel being employed in trading operations which entail cargo loading or discharging at sea from or into another vessel (not being a harbour or inshore craft)no claim shall be recoverable under this insurance for loss of or damage to the Vessel or liability to any other vessel arising from such loading or discharging operations, including whilst approaching, lying alongside and leaving , unless previous notice that the Vessel is to be employed in such operations has been given to the Underwriters and any amended terms of cover and any additional premium required by them have been agreed.
1.4 若保险船舶被雇用于在海上将货物装卸入他船（非港口或近岸驳船）或自他船装卸入本船的商业作业，由于此种装卸作业，包括两船驶近、并排停靠和驶离，造成保险船舶的灭失或损害或对他船的责任，不得根据本保险索赔，除非保险船舶被雇用于此种作业前已通知保险人，且已同意保险人要求的修改承保条件及任何附加的保险费。
第2条 Change of Voyage
2 Held covered in case of deviation or change of voyage or any breach of warranty as to towage or salvage services, provided notice be given to the Underwriters immediately after receipt of advices and any amended terms of cover and any additional premium required by them be agreed.
万一发生绕航或航程变更或任何违反拖带或救助服务的保证，如果知悉后立即通知了保险人，且同意保险人提出的修改承保条款并支付保险人要求的任何附加保险费，本保险得续保。
第3条 船级条款(Classification)
3 CLASSIFICATION
3.1 It is the duty of the Assured, Owners and Managers at the inception of and throughout the period of this insurance to ensure that
3.1.1 the Vessel is classed with a Classification Society agreed by the Underwriters and that her class within that Society is maintained,
3.1.2 any recommendations requirements or restrictions imposed by the Vessel’s Classification Society which relate to the Vessel’s seaworthiness or to her maintenance in a seaworthy condition are complied with by the dates required by that Society .
3.2 In the event of any breach of the duties set out in Clause 3.1 above, unless the Underwriters agree to the contrary in writing, they will be discharged from liability under the insurance as from the date of the breach provided that if the Vessel is at sea at such date the Underwriters’ discharge from liability is deferred until arrival at her next port.
