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ALL OTHER PERILS & MISFORTUNES:
Phrase in Cargo policy meaning perils of the
same nature as those described specifically in
the Perils clause.
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ASSAILING THIEVES:
Forcible taking of property but not sneak
thievery.
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AVERAGE:
Any
partial loss or damage, due to insured perils.
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AVERAGE AGREEMENT:
Document signed by cargo owners by terms of
which they agree to pay any General
Average contribution properly due so that cargo
may be released after a General
Average loss has occurred.
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AVERAGE CLAUSES:
Clauses in Cargo policy that determine the
amount of Particular Average loss recovery.
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AVERAGE IRRESPECTIVE OF PERCENTAGE:
Broadest "with average" clause. Losses by
insured perils are paid regardless of
percentage.
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BARRATRY:
Fraudulent, criminal, or wrongful act by ship's
captain or crew which causes loss or damage to
the ship or cargo.
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BILL OF LADING:
Contract of carriage between shipper and
steamship company which is the ship owners
receipt for the goods and is the document of
title to them.
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CARGO WAR RISK POLICY:
A
separate Cargo policy covering cargo while
waterborne only (except at transshipping point,
which may be on land or water). Insures against
war risks.
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CERTIFICATE OF INSURANCE OR SPECIAL POLICY:
A
document prepared by the insured, the producer,
or the insurance company to provide evidence of
insurance to the buyer or bank for an export/import
shipment. The certificate contains an abstract
of the more important conditions in the policy.
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CONSIGNEE:
Individual or company to whom cargo is shipped
or consigned.
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CTL (Constructive Total Loss):
An
instance in which the cost of recovering and/or
repairing damaged goods would, when recovered
or repaired, exceed the insured value.
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DECLARATION:
Form filled out bv assured and sent to the
insurance comr)anv when rer)ortina
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DEVIATION:
A
vessel's going to some other point or taking
some course other than that described in the
Bill of Lading.
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FPAAC (Free of Particular Average, American
Conditions):
Average clause that limits recovery of partial
losses under the Perils clause to those losses
directly resulting from fire, stranding,
sinking, or collision of the vessel.
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FPAEC (Free of Particular Average, English
Conditions):
Same as FPAAC except that partial losses under
the Perils clause are fully recover-able if the
vessel has been stranded, sunk, burned, been on
fire, or in collision, without requiring that
the damage actually be caused by one of these
perils.
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GENERALAVERAGE:
Loss resulting from a voluntary sacrifice of
any part of the vessel or cargo, or an
expenditure to safeguard the vessel and the
rest of the cargo. When such a loss occurs, it
is paid on a pro rata basis by the ship owner
and all cargo owners.
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INCHMAREE CLAUSE:
(So-called
for a famous legal decision involving a vessel
of that name.) Covers losses resulting from a
latent defect in the vessel's hull or machinery
and losses resulting from errors in navigation
or management of the vessel by the master or
crew.
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INVOICE:
Document which shows the terms of sale;
contains full description of goods, sale price,
charges, discounts, etc.
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INSURED VALUE:
Usually computed by adding the invoice cost,
guaranteed freight, other costs, and insurance
premium plus a percentage, commonly 10%. This
usually represents landed value.
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JETTISON:
Voluntary dumping either of cargo or of ship's
material or stores overboard, to protect other
property from a common danger.
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LANDED VALUE:
Wholesale market value at destination on final
day of discharge.
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MARINE EXTENSION CLAUSE:
Cargo policy clause that continues coverage on
goods during deviation, delay, re-shipment, and
transshipment, or any other variation in normal
transit beyond the assured's control.
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MARINE SURVEYOR:
Specialist who determines the nature, extent
and cause of loss and/or damage.
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MASTEWS PROTEST:
Sworn statement by captain describing any
unusual happening during the voyage.
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PARTICULAR AVERAGE:
Partial loss sustained by goods insured.
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PERILS OF THE SEA:
Hazards from natural forces in or about
navigable waters (windstorm, rough weather, etc.,
but not fire, explosion, etc., which are perils
on the sea).
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TERMS OF SALE:
The
following are brief descriptions of the more
common Terms of Sale (fully defined in the "American
Foreign Trade Definitions 1941"), setting forth
the obligations of the seller and buyer.
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- (a) FOB (Free on
Board)
The seller assumes
charges and risk for the goods until they are
loaded on board a named carrier at a named
point, which may be an inland point or a port.
The buyer is responsible for any loss or damage
after loading on board the carrier. The buyer
should specify FOB to control insurance without
relying on the "other fellow"
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- (b) FAS (Free
Alongside)
The seller assumes
charges and risk until the goods are delivered
alongside the vessel. Loss or damage from
alongside the vessel is the responsibility of
the buyer.
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- (c) C&F (Cost and
Freight)
The seller assumes
responsibility for charges and for loss or
damage until the goods enter the carriees custody or are loaded on board the
vessel. The buyer is responsible for
loss or damage at this point.
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- (d) CIF (Cost,
Insurance, and Freight)
The seller's price
includes cost of the goods, Marine insurance,
and all transportation charges to the named
destination point. Seller also provides War
Risk insurance as obtainable in his or her
market at the time of shipment, at buyer's
expense (unless seller has agreed that buyer
provides War Risk insurance). Seller should
specify CIF to maintain maximum control of the
shipment until the transaction has been
completed.
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TERMS OR METHODS OF PAYMENT:
If
the insured is not paid for any reason, he/she
must dispose of the goods and, therefore, still
has an insurable interest. Following are the
more common Terms or Methods of Payment:
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- (a) Collection by
Draft
The seller bears the risk
until he/she is paid. If for some reason, the
buyer does not accept the shipment, the seller
has the problem of disposing of the goods. By
arranging the insurance, the seller can
minimize the risk of loss.
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- (b) Open Account
When sales are made on an
open account, the seller has financial risk
similar to collecting by draft. Here again, the
seller should attempt to arrange the insurance.
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- (c) Letter of
Credit
In this procedure, the
buyer establishes credit in U.S. money through
his or her bank in favor of the seller. If the
seller collects by this means, the letter of
credit often stipulates that he/she arrange the
insurance.
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VALUATION CLAUSE:
Provides basis for determining insured value of
a shipment under the Open Cargo policy.
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WAR RISK:
Insurance against loss or damage to property as
a result of war risks.
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WAREHOUSE TO WAREHOUSE: (Door to Door)
An
export/import policy clause that provides
protection from the shipper's ware-house and
during ordinary course of transit to the
consignee's warehouse.
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