2014 Property Clauses / Warranties / Exclusions / Endorsements

2014 PROPERTY CLAUSES / WARRANTIES / EXCLUSIONS / ENDORSEMENTS

- AUDITORIUM WARRANTY

It is warranted that the Insured carry out a thorough examination of the Premises Insured for smouldering matches, tobacco or other material at the close of business each day and for signed reports to be made thereon daily by the Employee or Employees detailed to make the examination and for such reports to be checked at least weekly by the management.

It is further understood and agreed that all ashtrays and the like be emptied into lidded metal bins and the bins be removed from the Premises at the close of business each day.

- BARS WARRANTY

It is a condition of the Insurance that all windows be fitted with internal steel bars to the following standard:-

Round or square steel bars no thinner that 0.75” in diameter or section, spaced at 4” centres to pass through flat steel horizontal tie bars no greater than 24” apart, the ends of which are to be Rawl bolted into the masonry to a depth of no less than 2” or no less than 2” from the external surface of masonry, the heads of the Rawl bolts to be welded over.

- BASIS OF SETTLEMENT (WINE STOCK)

The basis of settlement in respect of Wine Stock is not to exceed the market value of the goods/stock immediately anterior to the destruction loss or damage of the goods/stock.

Subject otherwise to the terms limitations and conditions of the Insurance.

- BUILDING / DEMOLITION WORK EXCLUSION

Insurers shall not be liable for loss or damage occasioned by or happening through any form of building, demolition or refurbishment work on the Premises Insured or damage caused to surrounding property by such work.

- CALOR GAS HEATERS/PORTABLE SPACE HEATER WARRANTY

It is warranted that any portable space heater be:-

a) not sited in passage ways and other places where it may be liable to be overturned or subject to mechanical damage

b) not sited in areas where flammable atmospheres are habitually or intermittently present

c) not sited on any combustible floor or surface

kept clear of combustible materials and provided with a guard to maintain a clear space of a least 1meter all round heater

- CAR BOOT WARRANTY

It is warranted that Computer & Electrical Equipment contained in unattended Motor Vehicles be stored out of sight in the locked boot of an alarmed vehicle.

- CASH DISPENSING MACHINE CLAUSE

It is a condition precedent to liability that no ATM’s/Cash Dispensing Machines are kept on the Insured Premises.

- CLOSED SHACKLE PADLOCK WARRANTY

It is warranted that all designated exit doors (without mortise deadlocks) be secured at the close of business with at least a 5 lever or 6 pinned hardened steel closed shackle padlock and matching locking bar and staple with exposed bolt ends burred over.

- CO-INSURANCE CLAUSE (THEFT)

Insurers shall not be liable for the first £* or *% of each and every theft claim (whichever is the greater) pending the installation of an alarm system approved by Insurers, and confirmed to them in writing as being fully operational.

- COMPUTER BACK UP WARRANTY

It is warranted that Computer Systems record be backed up at least weekly and that copies of all such records and software stored on discs or tapes be removed from the Premises and kept off site or stored within the Premises in a Fire Resisting Safe or cabinet.

- COMPOSITE/SANDWICH PANELS WARRANTY

It is warranted that for risks with any element of composite panels in the construction the following applies:-

a) Suitable fire extinguisher appliances are supplied in all cooking areas

b) Hot flues, ducting and conduit wiring must be adequately protected within fire-resistant sleeves when passing through composite/sandwich panels.

Application of Heat Warranty:-

Any work involving the application of heat must only be carried out by a qualified contractor and the assured is to ensure the contractor has adequate public liability insurance in force and shall confirm same through sight of certificate of insurance. Subrogation rights against such contractor shall not be waived by the assured. The following warranties apply:

i) The area in which work is to be carried out shall be adequately cleared and combustible materials shall be removed to a distance not less than six metres from the area of the proposed work.

ii) If work is to be carried out overhead then the area beneath shall be similarly cleared and all combustible materials removed.

iii) Suitable fire extinguisher with a capacity of not less than nine litres shall be kept available for immediate use.

iv) Blow lamps and blow torches shall be lit in as short a time as possible before use and extinguished immediately after use.

v) Lighted blow lamps and blow torches shall not be left unattended.

vi) Half an hour after each period of work a thorough examination shall be made of and in the area in which work has been undertaken.

vii) If work is to be carried out in the vicinity of composite/sandwich panels then such panels must be protected by non-combustible blankets, drapes or screens.

- COMBUSTIBLE MATERIALS CONDITION

Insured :

Location :

It is a condition precedent to the liability of the Insurers in respect of loss or damage caused by fire, that storage of combustible materials is prohibited within 10 metres of buildings.

- COOKING WARRANTY

It is warranted that all cooking take place in designated kitchen areas and that fire blankets and suitable extinguishers be provided and maintained for use with each cooking facility.

- CUSTOMERS GOODS (TREATMENT EXTENSION)

Section 1A is extended to cover Customers goods in Trust against All Risks of Physical loss or damage whilst such goods are in the care, custody and control of the insured for the purpose of cleaning repair or alteration within the premises insured by this Insurance or whilst at the premises of any tailoring subcontractor.

Limit of Indemnity

The limit of insurers liability shall not exceed £1,000 in respect of any one loss or £5,000 in respect of a series of losses arising out of one event.

Insurers liability shall not exceed £5,000 in any one period of insurance

Basis of Settlement

The value of the damaged or lost item as new less allowance for wear tear and depreciation or the cost of repair of the damaged or lost item

Exclusions

Insurers shall not be liable for :-

The first £100 of each & every loss or series of losses arising out of one event

The amount of any loss recoverable under any other section of this policy**** if insured

The amount of any loss recoverable under any other policy**** or certificate of insurance

Special Conditions to this Extension

It is a condition precedent to the liability of Insurers that in the event of a loss the insured shall:-

a) take all reasonable actions to reduce the amount of loss

b) return at the Insured’s expense all damaged goods to B & L Underwriting Agencies, such returned goods to be individually labelled with the Customers name and address and to be accompanied by the relevant cleaning ticket

c) remit to B & L Underwriting Agencies the amount of the uninsured portion of any loss before Insurers settle any Customers Goods in Trust claims

d) properly complete any claim form or report required by insurers within 30 days of the loss date

Note: All claims under this extension shall be dealt with without reference to the insured’s Legal Liability for damage to Customers Goods

- DAMAGE TO LANDSCAPED GARDENS

Insurers will indemnify the Insured in respect of the cost of restoring any damage done to landscaped gardens by the Emergency Services in attending the premises as a result of the operation of any Insured Peril under this Insurance up to a maximum of £1,000 in any Period of Insurance.

- DAY ONE BASIS OF SETTLEMENT

It is noted and agreed the basis of settlement for items** of the Buildings and Contents Section is as follows:-

a) The Insured having stated in writing the Declared value incorporated in each item to which this endorsement applies, and the premium being calculated accordingly

“Declared Value” shall mean the Insured’s assessment of the cost of reinstatement of the property insured arrived at in accordance with paragraph (a) of the Reinstatement Basis of Settlement extension at the level of costs applying at the inception of the Period of insurance (ignoring inflationary factors which may operate subsequently) and making due allowance for

i) the additional cost of reinstatement to comply with Public Authority requirements

ii) professional fees

iii) debris removal costs

in so far as the insurance by the item provides for such costs to be covered

b) At the inception of each Period of Insurance the Insured shall notify the Insurers of the Declared Value of the property insured by each of the said item(s). In the absence of such declaration the last amount declared by the Insured shall be taken as the Declared Value for the ensuing Period of insurance.

c) Notwithstanding any general indication or endorsement to the contrary the following wordings apply to Special Provisions 4 and 6 of the Reinstatement Basis of Settlement extension of the Building and Contents Section :-

4. Each item insured under this endorsement is declared to be separately subject to the following conditions of Average namely :-

If at the time of loss the Declared Value of the property covered by such item be less than the cost of reinstatement (as defined in paragraph 1 above) at the inception of the Period of Insurance then the Insurer’s liability for any loss hereby insured shall be limited to that proportion thereof which the Declared Value bears to the cost of reinstatement (as defined in paragraph 1 above).

6. Where by reason of any of the above Special Provisions no payment is to be made beyond the amount which would have been payable under the Insurance if this endorsement had not been operative the rights and liabilities of Insurer’s and the Insured in respect of the loss destruction or damage shall be subject to the terms and conditions of the Insurance including any Condition of Average as is this endorsement had not been operative except that the sums insured shall be limited to * % of the Declared Value.

- DECLARATION CONDITION - QUARTERLY

The First and Annual Premiums for this policy are provisional in that they are calculated on the Sum Insured stated at the inception and or renewal of the Policy and are subject to adjustment as provided hereunder:

a) The value and location of the property on the last day of each calendar month (or in respect of quarterly declarations the last day of the appropriate months) shall be declared in writing to Insurers within thirty days thereafter and if a declaration is not provided the Insured shall be deemed to have declared the sums insured and locations as shown on the previous declaration as being the current value and location of property insured.

b) On the expiry of each Period of Insurance the actual premium shall be calculated at the rate per cent per annum applicable on the amounts declared.

c) If the actual premium be greater than the first premium or the annual premium thereafter the Insured shall pay the difference.

If it be less the first or annual premiums paid shall be retained by Insurers and the policy treated as fully paid.

- DECLARATION CONDITION - BUILDINGS

The First and Annual Premiums for this Insurance are provisional in that they are calculated on the Sum Insured stated at the inception and or renewal of the Insurance and are subject to adjustment as provided hereunder:

b) On the expiry of each Period of Insurance the actual premium shall be calculated at the rate per cent per annum applicable on the amounts declared.

c) If the actual premium be greater than the first premium or the annual premium thereafter the Insured shall pay the difference.

If it be less the first or annual premiums paid shall be retained by Insurers and the Insurance treated as fully paid.

- DUCTING WARRANTY

It is warranted that cooking fume extraction canopies and ductwork be cleaned at least once every year by independent contractors and that filters, traps or other grease removal devices therein be cleaned at least once every 7 days.

- ELECTRICAL CIRCUITS WARRANTY

It is warranted that the Insured possesses a current Institute of Electrical Engineers Certificate without outstanding recommendations or requirements in respect of all electrical circuits and wiring in respect of the premises insured by this Insurance.

Said Certificate to be reissued every three years.

- ESCALATOR CLAUSE

In consideration of an additional premium (amounting to 50% of the premium produced by applying the percentage below specified to the annual premium on the undernoted item) the sum insured by each of the said items shall during the period of this insurance be increased by that proportion of the specified percentage which the number of days since the commencement of such period shall bear to the whole number of such period.