Cargo Insurance AD VALOREM
PREAMBLE: In accordance with Article 6 Insurance of the General Terms and Conditions of Sale of
THEPACKENGERS, the Client may, before each Order, by checking the appropriate box subscribe to insurance under the terms and conditions defined on the Site.
This insurance will only cover the Ordinary Risks (excluding War Risks) under the general terms available on request and under the conditions defined below.
In case of contradiction, the application of the conditions below will prevail over the General Terms and Conditions.
LIMIT OF COVERAGE PER INCIDENT AND PER SHIPMENT:
Maximum amount that can be insured: €500,000
Except
€25,000 for jewelry
INSURED GOODS: Various goods including used goods and specifically: furniture, antiques, decorative items, paintings on wood, paintings, engravings, watercolors, graphic arts, hand drawings, rugs, textiles, metal objects, sculptures, lighting, chandeliers & mirrors, books;
The coverage is an All Risks insurance in accordance with article 6.A of the General Terms and Conditions, including for used goods.
EXCLUSIONS TO THE GENERAL TERMS – In replacement of Article 8 of the General Terms
EXCLUDED GOODS:
Perishable goods (fresh, frozen, deep-frozen), transport of munitions, war material, any chemical, biological, biochemical weapon, radioactive products, ready-to-consume tobacco, cigars, cigarettes; coins, banknotes, coupons, securities, and documents of any kind; checks (including travelers checks, restaurant checks, holiday checks, gift checks, and blank checkbooks), live animals, and all illegal products. Packaging is excluded from the insurer's guarantee, unless otherwise agreed.
GENERAL EXCLUSIONS APPLICABLE TO ALL GUARANTEES
Excluded are material damages and losses, weight or quantity losses suffered by insured goods originating from:
1. Intentional, fraudulent, or inexcusable faults by the Insured, the Client, or any other Beneficiaries of the Insurance, their employees, representatives, or assignees;
2. Incorrect indications or instructions given by the Client to THEPACKENGERS.3. Temperature influence; and more precisely for wines and spirits all consequences of temperature influence such as leakage, oxidation.
4. Inherent vice, natural wear of transport; worms and vermin unless contamination occurred during the insured journey;
5. Malfunction of radio and television sets as well as breakage of lamps and more generally, damages occurring to the mechanism of any objects containing a mechanical, electrical, electronic, radio-electronic device, or other chemical or physical processes,
6. Silvering leakages on mirrors, oxidation, mold, breakage/loss of frames, including damage caused to glasses of frames during transport.
7. Scratches, damages from use or operation of the insured objects,
8. Cracks in varnish, paint, fabric wear and all damages whatsoever that would be the consequence of this obsolescence, previous deteriorations or repairs,
9. Fines, confiscation, sequestration, requisition, blockage violation, smuggling, conservatory seizure, foreclosure or other seizures, the Insurer remaining also a stranger to the bond that may be provided to release the insured goods from these seizures;
10. Delay in shipping or arrival of goods
11. Commercial damages of any nature and whatever the cause or origin, including price differences;
12. Ionizing radiations or radioactive contamination caused by nuclear fuel or radioactive waste, or by nuclear reaction; the radioactive, toxic, explosive, dangerous, or contaminating properties of any nuclear facility, reactor, or any nuclear equipment or component attached thereto; any weapon or device using nuclear fission or fusion, or any similar nuclear reaction, or nuclear energy, or any radioactive phenomenon or effect; the radioactive, toxic, explosive, dangerous, or contaminating properties of any radioactive material unless a War Risks insurance has been subscribed.
13. Any chemical, biological, biochemical, or electromagnetic weapon unless a War Risks insurance has been subscribed;
14. Use or exploitation, with intent to harm, of any computer or computer equipment, computer program or software, computer virus or data transmission, or any other electronic system.
15. Intangible/material goods related to the principle of unavailability of the human body and the principle of unavailability of the person's condition
16. Civil or foreign war, hostilities, reprisals, torpedoes, missiles, mines, and all other implements of war, and generally all accidents and fortunes of war, acts of sabotage with a political character or related to war;
17. Acts of terrorism or attacks with a political character or related to war; captures, seizures, constraints, molestations, or detentions by any government and/or any authorities whatsoever; piracy with a political character or related to war; riots, popular movements, strikes, lock-outs, and other similar events.
PROCEDURES TO FOLLOW UPON DELIVERY / CLAIM DEADLINES
1. We invite you to verify with the delivery person the integrity of the merchandise, even if the box or crate does not show any particular signs of damage.
In case of damage, you must indicate reservations on the delivery note or the transporter's delivery tool. The reservations must be specific about the extent of the damage (not just a note of subject to unpacking).
Note: reservations must be made upon delivery on the delivery note, otherwise the package is considered to be in good condition.
2. If the merchandise is not part of the exclusion list, you've subscribed to the AD VALOREM insurance on THEPACKENGERS' website, and damage is noted upon delivery, you must contact THEPACKENGERS within 3 days of delivery to report the damage, otherwise no claim file will be accepted.
3. At the latest 3 days after delivery, send the reservations made upon delivery to the final transporter and copy them by email to THEPACKENGERS. 4. It is imperative to keep the merchandise in its original state, otherwise, your file will not be accepted.
CONSTITUTION OF AD VALOREM INSURANCE CLAIM FILE
Below is the list of necessary elements (please note this list is not exhaustive and may be subject to change depending on the specifics of the file):
- Transport document.
- Photos of the damages and packaging if possible before and after.
- Original invoice of the merchandise.
- Transport document, consignment note, air waybill, or sea waybill (depending on the type of transport).
- Delivery date or supposed delivery date in case of loss.
- Reservations made by the recipient to the transporter upon delivery, then by mail.
- Copy of the claim email sent by the client within 72 hours (from the delivery) to THEPACKENGERS.
- Quotation if the merchandise is repairable.
- Certificate of loss issued by the transporter in case of proven loss.
CLAIM HANDLING – DETERMINATION OF COMPENSATION AMOUNT
- By derogation from the General Terms, Insured value: the insured value is equal to the invoice value of the merchandise subject to the claim, increased if applicable by the freight and transport costs.
The insurer's compensation can never exceed:
- The insured value declared by the Client (including in the case where the Client opts for a restoration whose cost, increased by transportation costs to the restoration site, exceeds the amount of the insured value).
- The limit of coverage per incident or means of transport specified on page 1.
- Regarding claims below €4,000, depending on the nature of the damages, a partial lump sum compensation may be offered, the amount of which is set by THEPACKENGERS in agreement with the insurers, even without any repair estimate or appointment of an expert by the insurers.
- If the Client refuses this lump sum compensation, an indemnity equal to the value of the item (within the limit of the insured value) may be offered against the abandonment of the property for the benefit of THEPACKENGERS or the Insurer, who may dispose of the item. No further recourse may be exercised against THEPACKENGERS or the Insurer due to the disposal of the item.
The abandonment of the property will be materialized by a duly executed document by the client, the date of signing the document by the Client will constitute the date of abandonment.
In case of disagreement from the client on the proposed options, the appointment of an expert will be at their expense.
- In case of settlement at the insured value, a certificate of destruction of the item may be requested.
- Regarding claims equal to or greater than €4,000, the amount of damages will be determined by an expert appointed by the insurers.