Domestic logistics liability insurance terms and conditions
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Deer’s domestic transportation insurance clause (single payment of up to 5 million RMB)
Domestic cargo transportation insurance agreement
Party A: Deer Eexpress Co., Ltd.
Party B: \\\\\\\\\\\\\\\\\\\\\\\\
In order to make Party A responsible for arranging transportation in accordance with the provisions of this Agreement in the course of domestic transportation, it will be able to obtain timely economic compensation when it suffers losses within the scope of insurance liability. Party B and Party B agree on the basis of Party B’s domestic transportation of Party A’s domestic transportation goods. The appointment method is underwritten, and both parties enter into the following cargo transportation insurance agreement for mutual compliance.
Insured: Shenzhen Luyun International Logistics Co., Ltd.
First, the subject of insurance
Within the term of the agreement, the scope of the insurance subject specified in the insurance clause, the goods, raw materials and other goods carried by Party A shall be covered by the insurance coverage (except as otherwise stipulated in this agreement), and Party A shall not choose to insure at will.
The following goods are not covered by the insurance policy of this insurance agreement:
1. Items prohibited by circulation or delivered by law;
2. Reactionary newspapers, publicity materials or obscene articles;
3. Explosive, flammable, corrosive, radioactive, toxic and other dangerous goods; (refer to GB12268-2012 “Dangerous Goods Name List”)
4. Items that impair public health; perishable items;
5. Lively and vivid plants, fresh goods, frozen products, canned foods, perishable products, easy-to-eat products, agricultural products and other perishable items;
6. Items that are not suitable for mailing conditions; items that are not properly packaged and may endanger personal safety, pollution or damage other mails and equipment;
7, various currencies; items that are not suitable for mailing conditions; cash, gold and silver, jewelry, diamonds and products, jade, jewelry, ancient coins, antiques, calligraphy and painting, stamps, art, rare metals and other precious property; guns and ammunition, explosion Items; cash, securities, notes, documents, files, books, drawings, merchandise cars and other property that cannot be valued;
8. Goods that are in private or free of charge by the insured or their employees, drivers or escorts’ own property and other personnel;
9. Precision instruments (Note: Any instrument or equipment that meets the following two conditions shall be regarded as a precision instrument or equipment: (1) Balance, stability, shock, dust, and handling angle of the instrument or equipment during transportation. There are special strict requirements; (2) The insured amount of a single piece of equipment or equipment exceeds RMB 2 million, and the instrument or equipment cannot be repaired after it is damaged.
10. Glass, heavy parts, super long and wide parts, used machinery and equipment.
11. Goods listed in the insurance clause that are not covered by the subject-matter insured.
Second, the applicable terms and insurance
The main insurance clause applicable to this agreement is “Road Cargo Transportation Insurance Clause (2009 Edition)”, and the additional insurance clause is “Additional Theft and Robbery Insurance Clauses for Road Freight Transportation Insurance” (see Annex 2 for details).
According to the mode of transportation and the type of goods, the insurance is applicable separately: “Road Freight Transportation Insurance”, and “State Road Freight Transportation Insurance Additional Theft and Robbery Insurance”.
Third, operating income statement
The insurance premium paid by the insured is the minimum premium. If the insured applies for surrender in the agreement period, the insurer will not refund the insurance premium. If the insured’s accumulated operating income is greater than the insured amount during the term of the agreement, the insured will An application should be made to the insurer to increase the premium. The total operating income of the insured’s policy period is RMB 10,000 yuan. Please use this as a basis to negotiate with the insurer to collect prepaid insurance premiums (minimum premiums).
The insurer will calculate the actual insurance premium according to the actual operating income × rate of the insured in the policy year. If the actual insurance premium is higher than the prepaid premium (the minimum premium), the insured will pay the difference. Otherwise, the insurer presses “Expected ratio of operating income to actual operating income” is paid on the basis of the final loss amount of the insurance case. When the estimated loss amount of the insurance case exceeds 100,000 yuan, Party B has the right to verify the actual turnover of Party A in the previous year. Party A shall provide support and cooperation. If the actual turnover is higher than 10% of the declared turnover at the time of signing the agreement, The insurance company will increase the deductible rate, which is 30% of the amount of the accident.
The insured shall provide assistance and assistance in the verification of the actual operating income of the logistics business as required by the insurer.
Fourth, the insurance rate
■Accounting by operating income:\
Five, insurance premiums
The total amount of insurance premiums that Party A shall pay to Party B under this Agreement is RMB (capital): \\\\\. At the expiration of this agreement, the insurance premium shall be adjusted according to the actual number of total operating income within the term of the agreement. The minimum insurance premium under this agreement is not less than 100% of the estimated insurance premium, that is, RMB\\\\\
After negotiation between the two parties, Party A shall pay the insurance premium in the following manner:
■ Party A shall pay Party B the above insurance premium before the date of 2019.
Party B’s account number is:
Account Name: \\\\\\\\\\\\\\\
Bank: \\\\\\\\\\\\\\\
account number:\\\\\\\\\\\\\\\\
6. Compensation limit
The maximum liability for each accident of each means of transport is limited to 5 million yuan;
The annual cumulative compensation limit is 8 million yuan.
Seven, the term of the agreement
From 0:00 on June 1, 2019 to 24 o’clock on May 31, 2020.
Eight, the rate of deduction / amount
■ General accident deductible: RMB 5000.00 or 10% of the approved loss, whichever is higher.
■ Fire and explosion accidents, overturning accidents, deductible for each accident: RMB 10,000.00 or 20% of the approved loss, whichever is higher.
■ Loading and unloading loss Each accident deductible: RMB5000.00 or 15% of the approved loss, whichever is higher.
■ Ceramics, fragile products deductible: RMB 10000.00 per accident or 20% of the approved loss, the two are dominated by the highest.
■Additional theft and robbery insurance: The absolute exemption for each accident is RMB20,000 or 20% of the loss, whichever is higher.
Nine, safe transportation
Party A must carefully select the carrier and the means of transport. The goods to be transported and the means of transport must comply with the provisions of the State or its competent authorities regarding safe transportation; if Party A and Party B have previously agreed on the carrier, means of transport, transport packaging, etc. If a specific standard is agreed, Party A shall not arbitrarily lower the standard without the consent of Party B. Otherwise, Party B shall not be liable for compensation in the event of an insured event; Party B shall provide security for the safety inspection of Party A’s transportation cargo and carrier. Party A shall actively cooperate with the disaster prevention and loss prevention plan.
If Party A has a fixed or relatively fixed carrier, Party A shall provide Party B with the carrier’s qualification certificate, the means of transportation and the transportation contract signed with Party B to enable Party B to select an appropriate underwriting plan.
X. Obligations of both parties
Party A guarantees that all the goods, raw materials and other goods it carries will be insured by Party B. Unless otherwise agreed in this Agreement, it shall be handled as agreed.
Party A shall immediately notify Party B or the agent of Party B (the National Unified Service Telephone of China People’s Insurance Co., Ltd. is 95518) once it suffers losses within the scope of insurance liability, and immediately take active and effective rescue, protection and finishing. Measures to reduce the further expansion of the loss of insurance targets. Party A shall also assist Party B to do on-site investigation and remnant cleaning, and provide relevant documents to Party B in a timely manner. If Party A violates this obligation, Party B shall not be liable for compensation for the part of the nature, cause and degree of loss that may result in the loss of the expansion or the insured event.
After receiving all the documents provided by Party A, Party B shall promptly verify whether compensation shall be made according to the scope of insurance liability, and shall make a responsibility and damage as soon as possible according to the on-site investigation. If Party B has reached an agreement with Party A regarding the compensation, it shall pay within 20 days. Party B has the right to verify Party A’s actual financial accounts after the occurrence of the insurance accident to determine whether Party A is fully insured and thus determine the compensation method.
Party A shall select or require the customer to select a ship or other means of transport suitable for safe transportation. For ships of more than 20 years of age, Party B may choose whether to insure according to the circumstances, if the insurance is subject to additional charges, the rate is increased. Consulted separately and listed in the agreement. If the ship is over 30 years old, Party B will not accept the insurance. If Party A violates the provisions of this article, Party B shall not be liable for compensation for the accident that occurred during the transportation.
If Party A violates the provisions of this Agreement regarding safe transportation, Party B has the right to terminate this insurance agreement or refuse to bear part or all of the financial compensation liability. If Party A fails to fulfill the insurance premium obligation as agreed by both parties and fails to pay the insurance premium, Party B shall not be liable for compensation after the accident. If part of the insurance premium is owed, the liability shall be paid according to the ratio of the premium received at the time of the insurance to the premium to be collected as stipulated in this insurance agreement. (Indemnity = the amount of compensation should be paid × the actual insurance premium received at the time of the insurance, the insurance premium as stipulated in the insurance agreement)
XI. Special agreement
1. After a theft incident, Party A shall actively go to the public security or its relevant departments to handle the relevant certificates of theft (refer to the documents or materials issued by the public security organ that can prove the facts of theft or robbery, etc., not limited to the proof of the case ).
2. In the case of the packaging frame for fixing and protecting the goods, or the outer packaging of the goods is intact, the damage caused by unexplained reasons is not covered by this agreement.
3. Special agreement on the exclusion of unattended vehicles: This insurance does not cover the destruction or loss of the subject matter of insurance caused by the unattended operation of the carrier. Unless the above situation is caused by reasonable reasons during the transportation, the storage of the carrier is temporarily stored near the driver or in the 24-hour security parking lot. The carrier must be securely locked and the windows closed properly. The key should not be stored in the car. The insured shall treat the goods as uninsured goods and in all cases must take all reasonable care to protect the goods subject to its supervision, supervision and control.
4. Coverage of the policy area: Within the territory of the People’s Republic of China (excluding Hong Kong, Macao, Taiwan, Xinjiang, Tibet), the accidents and losses caused by the area covered by the policy are excluded from this policy.
5. After the insurance, the owner of the external vehicle hired by the logistics company and the insured are regarded as the same interest subject. After the accident, Party B will abandon the recovery of the owner of the external vehicle. The details of the external vehicle are detailed in the attachment.
Twelve, claims matters
The procedures to be provided when making a claim:
1. The original transportation contract; 2. The claim letter and the claim list; 3. The waybill; 4. The claim application; 5. The cause of the accident, the accident proof materials, etc.
XIII. Dispute Resolution
1. Disputes arising from this insurance agreement shall be settled through negotiation between the two parties. If the negotiation fails, it may be brought to the People’s Court of the People’s Republic of China.
2. The disputes in this insurance agreement shall be governed by the laws of the People’s Republic of
XIV. Other matters
1. Where the content specified in this Agreement conflicts with the content of the applicable terms, the content of the agreement shall prevail.
2. Party A’s statement: Party B has provided Party A with all the insurance clauses applicable to this Agreement and has exempted the insurer’s liability clause (including but not limited to liability exemption, does not belong to the scope of the insurance subject, and the policyholder The insured’s obligations, compensation treatment, etc., as well as the contents of the payment agreement and special agreement in this insurance contract are clearly stated to Party A. Party A has fully understood and accepted the above contents and agreed to use this as the basis for entering into the insurance contract. , voluntarily insured this insurance.
3. This agreement is made in two copies, one for each party.
Party A: (signature) Party B: (signature)
Responsible person or authorized signatory: Responsible person or authorized signatory:
Phone: Phone:
Address: Address:
Date of signing: Year Month Day Signing date: Year Month Day
Annex I, list of external vehicles:
License plate number model delivery destination destination insured
Annex II, insurance types, insurance clauses
(1) Insurance insurance: “Road Freight Transportation Insurance”, with the addition of “State Road Freight Transportation Insurance, Additional Theft and Robbery Insurance”.
(2) Insurance terms:
Road Cargo Transportation Insurance Clause (2009 Edition)
Insurance target range
Article 1 Any goods transported by road in China may be the subject of insurance.
Article 2 The following goods are not specifically agreed between the insured and the insurer, and are listed on the insurance policy (voucher), not within the scope of the insurance: gold and silver, jewelry, diamonds, jade, jewelry, ancient coins, antiques, ancient books, Ancient paintings, stamps, artworks, rare metals and other precious treasures.
Article 3 The following goods are not covered by the subject-matter insured: vegetables, fruits, live animals, poultry and fish and other animals.
Insurance duty
Article 4 The insurer shall be responsible for compensation in accordance with the provisions of this article due to the loss and expenses of the insurance goods caused by the following insurance accidents:
(1) Fire, explosion, lightning, hail, storm, heavy rain, flood, tsunami, subsidence, cliff collapse, sudden landslide, mudslide;
(2) due to collision, overturning or tunneling of the means of transport, collapse of the dock, or stranding, striking, sinking or colliding due to the transfer tool during the transfer;
(3) Losses caused by accidents during loading, unloading or reloading;
(4) Loss of goods broken, bent, concave, broken or cracked due to collision or extrusion;
(5) Loss of goods lost due to ruptured packaging;
(6) Loss of leakage of the liquid cargo due to collision or extrusion, causing damage to the container (including the seal) used, or loss of deterioration of the cargo due to liquid leakage caused by the liquid-contained cargo;
(7) Loss caused by rain and rain in accordance with safe transportation regulations;
(8) In the event of the above-mentioned disaster accident, the loss of the goods due to the chaos and the direct and reasonable expenses paid for the rescue or protection of the goods.
Liability exemption
Article 5 The insurer shall not be liable for damages caused by the following reasons:
(1) war, hostile acts, military operations, seizures, strikes, riots, and looting;
(2) Losses caused by the earthquake;
(3) Loss of theft or the whole piece of goods;
(4) Loss caused by poor quality or short quantity of the insured goods before the commencement of insurance liability;
(5) Natural loss of insurance goods, loss or expense caused by essential defects and characteristics;
(6) Losses caused by falling market prices and delays in transportation;
(7) losses caused by the responsibility of the consignor;
(8) Intentional acts or illegal acts of the insured or the insured.
Article 6 The insurer shall not be liable for compensation for illegal or illegal goods as determined by the relevant state departments.
Article 7 If the other losses are not within the scope of insurance liability, the insurer shall not be liable for compensation.
Responsibility
Article 8 Insurance liability After the insurance certificate is issued, the insurance goods are transported from the last warehouse or storage place of the originating consignor, and the consignee of the destination indicated on the insurance certificate is the first in the local area. Termination when the warehouse or storage location. However, after the insurance goods arrive at the destination, if the consignee fails to pick up the goods in time, the termination period of the insurance liability is extended up to fifteen days after the insurance goods are discharged from the transportation vehicle.
Insurance value and insurance amount
Article 9 The value of insurance is the actual value of the goods, which is determined by the actual value of the goods or the actual value of the goods plus the miscellaneous fees. The amount of insurance is determined by the insured by reference to the value of the insurance and is stated in the insurance contract. The amount of insurance must not exceed the value of the insurance. If the value exceeds the insurance value, the excess is invalid, and the insurer shall refund the corresponding insurance.
Insurance fee.
Obligation of the insured and the insured
Article 10 The insured shall perform the obligation of truthful disclosure and truthfully answer the inquiries made by the insurer on the subject matter of the insurance or the relevant circumstances of the insured.
If the insured fails to perform the obligation of truthful disclosure as stipulated in the preceding paragraph due to gross negligence, which affects the insurer’s decision whether to agree to underwrite or increase the insurance rate, the insurer has the right to terminate the insurance contract.
If the insured deliberately fails to perform the obligation of truthful disclosure, the insurer shall not be liable for compensation for the insured event that occurred prior to the termination of the insurance contract, and shall not refund the insurance premium.
If the insured fails to perform the obligation of truthful disclosure due to gross negligence and has a serious impact on the occurrence of the insurance accident, the insurer shall not be liable for compensation for the insurance accident that occurred before the insurance contract was terminated, but the insurance premium shall be refunded.
Article 11 The insured shall pay the insurance premium payable at the same time as the insurer or his agent issues the insurance policy (voucher). If the insured fails to deliver the insurance premium as agreed, the insurer shall not be liable for the insured event that occurred prior to the delivery of the insurance premium.
Article 12 The insured and the insured shall strictly abide by the provisions of the State and the transportation department on safe transportation and maintain the safety of the subject matter of insurance. The transportation and packaging of goods must comply with the standards set by the State and the competent authorities.
The insurer may inspect the safety status of the subject-matter insured, and submit written suggestions to the insured and the insured to eliminate unsafe factors and hidden dangers, and the insured should seriously implement it.
The insurer shall not be liable for the insured event caused by the insured’s failure to comply with the above-mentioned agreement; if the insured fails to comply with the above-mentioned agreement, the insurer shall not be liable for the loss.
Article 13 If the risk level of the insurance subject is significantly increased during the validity period of the contract, the insured shall notify the insurer in time according to the contract, and the insurer has the right to request an increase in insurance premium or termination of the contract.
If the insured fails to perform the notification obligation stipulated in the preceding paragraph, the insurer shall not be liable for the insured event arising from the significant increase in the risk level of the insurance subject.
Article 14 In the event of loss of insurance goods within the scope of insurance liability, the insured or the insured shall promptly take reasonable rescue and protection measures and immediately notify the local institution of the insurer (not later than 10 days). ).
If the nature, cause or loss of the insurance accident is not determined by intention or due to serious negligence, the insurer shall not be liable for compensation for the undetermined part, but the insurer has known or should know in time through other means. Except for insurance accidents.
Compensation treatment
Article 15 When the insured applies for a claim from the insurer, he must provide the following relevant documents:
(1) Insurance policy (voucher), waybill (ticket), bill of lading, invoice (certificate of price);
(2) Accident visas, handover acceptance records, and appraisals issued by the carrier;
(3) Warehousing records, inspection reports, loss lists and direct and reasonable cost documents paid by the escrow insurance goods;
(4) Other certificates and materials that the insured can provide in relation to the nature, cause, and extent of the loss of the insured event.
After receiving the insured’s claim for compensation, the insurer shall promptly verify whether it is an insurance liability and notify the insured of the result of the verification. In the case of complicated circumstances, the insurer fails to verify the insurance liability within 30 days after receiving the insured’s claim for compensation and providing the information required for the claim. The insurer and the insured negotiate a reasonable period according to the actual situation, and the insurer agrees. The verification result is made during the period and the insured is notified. For those who are insured, they shall perform the compensation obligation within 10 days after reaching an agreement with the insured on the amount of compensation.
Article 16 When the insurance goods are damaged within the scope of insurance liability, when the insurance amount is equal to or higher than the insurance value, the insurer shall calculate the compensation according to the actual loss, but the maximum compensation amount is limited to the insurance value; the insurance amount is lower than the insurance value. The insurer shall calculate the compensation for the amount of the loss and the salvage protection fee paid according to the ratio of the insured amount to the insured value. The amount of compensation paid by the insurer for the loss of the goods and the direct and reasonable expenses paid for the rescue or protection of the goods shall be calculated separately and shall not exceed the amount of the insurance.
Article 17 If the insurance goods are damaged within the scope of insurance liability, if the carrier or other third party is responsible for compensation for part or all of the losses according to the law or the relevant agreement, the insured shall firstly deliver to the carrier or other third. The person filed a written claim until the lawsuit. After the insurance accident occurs, the insurer shall not be liable for compensation if the insured waives the right to claim compensation from the responsible party before the insurer fails to pay the insurance premium; if the insured requires the insurer to pay compensation first, the insured shall issue the insured The equity transfer letter and the litigation and related materials that should file a claim with the carrier or a third party shall be handed over to the insurer and the insurer shall be assisted to recover the compensation from the responsible party.
Since the insured’s intentional or gross negligence causes the insurer to exercise the right of subrogation to claim compensation, the insurer may deduct the insurance compensation accordingly.
Article 18 With the agreement of both parties, the insurer may convert the interest of the remaining part of the insurance property enjoyed by the insurer to the insured and may deduct it directly from the insurance compensation.
Article 19 When a dispute arises between the insured and the insurer, the dispute shall be settled through negotiation. If the parties cannot reach an agreement, they may submit it to the arbitration organ or the court for handling.
This insurance contract applies the laws of the People’s Republic of China (excluding the laws of Hong Kong, Macao and Taiwan).
something else
Article 20 All insurance goods transported jointly by roads and other modes of transport shall be subject to the provisions of the Articles and the Railway Freight Transportation Insurance Clauses (2009 Edition) and the Waterway Freight Transportation Insurance Clauses (2009 Edition). And the Domestic Air Cargo Transportation Insurance Clause (2009 Edition).
Article 21 All agreements involving this insurance shall be in writing.
Road Cargo Transportation Insurance Additional Theft and Robbery Insurance Terms (2009 Edition)
Article 1 Insurance liability
The insurer shall be liable for the direct economic losses caused by the apparently theft, robbery, and looting of the insurance goods during the insurance period due to the obvious signs of theft, robbery, looting and the fraud of the whole vehicle.
Article 2
During the validity period of the insurance contract, the insurance liability for each transport shall be from the time when the insurance goods are shipped from the origin of the insurance certificate (insurance), to the destination of the insurance certificate (insurance). When the vehicle is away. However, after the insurance goods arrive at the destination, if the consignee fails to discharge the goods in time, the termination period of the insurance liability is calculated to be extended by up to 48 hours from the time of arrival at the destination.
Article 3 Liability exemption
The insurer shall not be liable for damages caused by the following reasons:
1. Insurance goods are requisitioned, fined and detained by relevant government departments;
2. The insured or the driver has a civil dispute with another person;
3. Intentional acts or criminal acts of the insured or the insured;
4. Other reasons that are not covered by insurance coverage.
Article 4 Obligations of the insured or the insured
1. After the insured or the insured is informed or should be informed of the loss within the insurance liability of the insurance goods, they shall immediately report the case to the local public security department and notify the insurer at the same time. If the nature, cause or loss of the insurance accident is not determined by intention or due to serious negligence, the insurer shall not be liable for compensation for the undetermined part, but the insurer has known or should know in time through other means. Except for insurance accidents.
2. When the goods are lost, the insured or the insured shall take active and effective measures to stop the loss of the goods further.
Expand, otherwise the insurer will not be liable for damages.
Article 5 Compensation Treatment
1. When the insured claims from the insurer, he must provide the certificate issued by the public security department in the place where the insurance is insured; the whole vehicle is deceived.
The certificate issued by the public security criminal investigation department at or above the county level (including county level) shall be provided. Otherwise, the insurer has the right to be liable for some or all of the economic losses.
2. The direct economic loss of insurance goods caused by theft, robbery or looting within the scope of this additional insurance liability,
After the insured reported the case for 30 days, it could not be detected, and the insured issued the theft, robbery, smashing accident report, loss list, the public security department’s certification materials and other nature and reasons for the confirmed insurance accident. After the relevant certificates and materials such as the degree of loss, the insurer will provide compensation. The direct economic loss of the insurance goods caused by the cheating of the whole vehicle must be verified by the public security criminal investigation department at or above the county level (including the county level) for three months. The insured person issues the certification materials of the public security department and the insurer thinks it is necessary. The insurer will compensate the other documents.
3. The insurance goods recovered by the public security department shall be negotiated.
4. When the insurance goods are damaged within the scope of insurance liability, the relevant provisions for compensation for the main insurance clauses shall be compensated.
Calculate the amount of compensation. The compensation for stolen and robbed goods is subject to a 20% absolute deductible, and the compensation for the whole vehicle is 30% absolute deductible.
Article 6 Other matters
This clause is an additional clause of the Road Freight Transportation Insurance Clause (2009 Edition) and the Domestic Freight Transportation Highway Fixed Insurance Clause (2009 Edition). In the event of any inconsistency between these Terms and Conditions, these Terms shall prevail and the other unfinished matters shall be subject to the terms of the principal insurance.