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10.2 Claims for damage by heavy weather occurring during a single sea passage between two successive ports shall be treated as being due to one accident. In the case of such heavy weather extending over a period not wholly covered by this insurance the deductible to be applied to the claim recoverable hereunder shall be the proportion of the above deductible that the number of days of such heavy weather falling within the period of this insurance bears to the number of days of heavy weather during the single sea passage. The expression “heavy weather” in this Clause 10.2 shall be deemed to include contact with floating ice.
10.3 Excluding any interest comprised therein, recoveries against any claim which is subject to the above deductible shall credited to the Underwriters in full to the extent of the sum by which the aggregate of the claim unreduced by any recoveries exceeds the above deductible.
10.4 Interest comprised in recoveries shall be apportioned between the Assured and the Underwriters, taking into account the sums paid by the Underwriters and the dates when such payments were made, notwithstanding that by the addition of interest the Underwriters may receive a larger sum than they have paid.
10 免赔额
10.1 在每一次单独事故或事件中，承保危险造成的损失索赔，除非累计金额（包括根据第6条、第8条和第9条的索赔）超过约定的免赔额，保险人不予赔偿，在超过该免赔额的情况下，该金额应从赔偿总额中扣除。但是，搁浅后检查船底的费用，若是专门为检查目的而合理发生的，即使经检查未发现任何损坏也应给予赔偿。本第10.1款对保险船舶的全损或推定全损索赔不适用，也不适用于根据第9条，与同一事故或事件产生的此种全损或推定全损赔偿相关的索赔。
10.2 对于在两个连续港口之间的一个单一海上航程之中，由于恶劣天气所造成的损坏索赔，应视作由于一次事故造成的。如果此种恶劣天气延续的时间超出本保险承保的期间，那么适用于本保险赔偿的免赔额，应按照恶劣天气在保险期限内的天数与该单独海上航程中的恶劣天气数的比例计算。本第10.2款中的“恶劣天气”， 应认为包括与浮冰的接触。
10.3 除了从第三方所得到赔偿所包含的利息外，对于适用上述免赔额的保险索赔从第三方得到的赔偿，在未扣减自第三方获得的赔偿累计索赔总额超过该免赔额部分应全部给予保险人。
10.4 从第三方得到的赔偿所包含的利息，应考虑保险人已付保险赔偿金额和赔付日期，在被保险人与保险人之间分配，尽管加上利息后，保险人可能获得超过其赔付的保险赔偿的金额。
第11条 索赔通知和招标条款(Notice of Claim and Tenders)
11 NOTICE OF CLAIM AND TENDERS
11.1 In the event of accident whereby loss or damage may result in a claim under this insurance, notice must be given to the Underwriters promptly after the date of which the Assured, Owners or Managers become or should have become aware of the loss or damage and prior to survey so that a surveyor may be appointed if the Underwriters so desire.
If notice is not given to the Underwriters within twelve months of that date unless the Underwriters agree to the contrary in writing , the Underwriters will be automatically discharged from liability for agree to the contrary in writing, the Underwriters will be automatically discharged from liability for any claim under this insurance in respect of or arising out of such accident or the loss or damage.
11.2 The Underwriters shall be entitled to decide the port to which the Vessel shall proceed for docking or repair (the actual additional expense of the voyage arising from compliance with the Underwriters’ requirements being refunded to the Assured) and shall have a right of veto concerning a place of repair or a repairing firm.
11.3 The Underwriters may also take tenders or may require further tenders to be taken for the repair of the Vessel . Where such a tender has been taken and a tender is accepted with the approval of the Underwriters, an allowance shall be made at the rate of 30% per annum on the insured value for time lost between the despatch of the invitations to tender required by the Underwriters and the acceptance of a tender to the extent that such time is lost solely as the result of tenders having been taken and provided that the tender is accepted without delay after receipt of the Underwriters’ approval.
Due credit shall be given against the allowance as above for any amounts recovered in respect of fuel and stores and wages and maintenance of the Master Officers and Crew or any member thereof, including amounts allowed in general average, and for any amounts recovered from third parties in respect of damages for detention and /or loss of profit and /or running expenses, for the period covered by the tender allowance or any part thereof.
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