Standard Trading Conditions - XI. INSURANCE
     

ART. 41. INSURANCE OF THE GOODS:

  1. Insurance of the goods is effected at the expense of the CUSTOMER and only pursuant to his express written instructions stating the insured value and the risks to be covered.
  2. Any insurance effected by the FORWARDER for and on behalf of the CUSTOMER is subject to the usual conditions and exceptions of the liability of the Insurer underwriting the risk.
  3. The FORWARDER is not obliged to conclude a separate insurance for each consignment, but may declare it on an open or general policy.
  4. When effecting insurance on behalf of the CUSTOMER, the FORWARDER neither enjoys the rights of the Insured, nor incurs any liability as Insurer. The CUSTOMER has no recourse against the FORWARDER in respect of the insurance, except for negligence in effecting same.

ART. 42. In the event of insurance claims, the FORWARDER is deemed to have fulfilled his duties when he has taken reasonable measures to safeguard the interests of the CUSTOMER and his rights under the insurance policy and has assigned the rights under the insurance contract (if made out in the name of the FORWARDER) to the CUSTOMER and/or to the Insurer.

ART. 43. The FORWARDER is relieved of liability to the CUSTOMER for any part of a loss or damage covered by an insurance taken out by the FORWARDER on behalf of the CUSTOMER, save when a regular insurance is rendered inoperative or void through a fault of the FORWARDER.

ART. 44. The rights of the Insurer against the FORWARDER in respect of claims assigned to the Insurer by the CUSTOMER/OWNER may not exceed the rights of the CUSTOMER under these STC. Otherwise the provisions of Art. 19 of these STC apply.

ART. 45. The FORWARDER is entitled to a separate remuneration for effecting insurance of the goods, for pursuing insurance claims and for collecting insurance reimbursements in accordance with the instructions of the CUSTOMER.  

     

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