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Il "countertrade" e le sue tecniche Guida agli scambi in compensazione |
CONTRACT REPUDATION AND LICENSE CANCELLATION INSURANCE In the event of any payment under this Policy, the Company shall be subrogated to all of the Insured's rights of recovery thereof against any person or organisation, and the Insured shall execute and deliver all instruments and papers and do whatever else is necessary to secure such rights. If the Insured makes any statement, report or claim knowing it to be false or fraudolent, or if the Insured knowingly conceals any material fact, this Policy shall become void and all claims hereunder shall be forfeited.
Testo di polizza assicurativa emessa da Compagnia estera a fronte di inadempienza contrattuale e di cancellazione di licenza d'importazione riferiti ad acquisto di prodotti compensativi.
(Purchase Contract )
Policy No........
In consideration of the premium paid and in reliance upon statements made to the Company by the Insured and subject to the Declarations and Endorsements made a part hereof and the terms, conditions and limitations set forth herein, the Company hereby agrees as follows:
1 - INSURING AGREEMENTS
A - CONTRACT REPUDIATION
To indemnify the Insured for the Insured Percentage of the amount of the Insured's Loss caused solely and directly by Contract Repudiation. Contract Repudiation means the Seller's persistent and deliberate refusal for the duration of the ....day Waiting Period to honour its obligations to deliver the products as set forth in the Contract and the Guarantor's subsequent failure for the duration of the further ...day Waiting Period to honour its on-demand Guarantee in favour of the Insured.
B - LICENSE CANCELLATION
To indemnify the Insured in Policy Currency for the Insured Percentage of the amount of the Insured's Loss caused solely and directly by:
1) Cancellation or non-renewal of the import license/s by the Insured's Country; or
2) Cancellation or non-renewal of the export license/s by the Seller's Country; or
3) Imposition of any Law, order, decree or regulation by either the Insured's Country or the Seller's Country; during the Policy Period and in circumstances beyond the control of the Insured which prevents the Insured or the Seller from fulfilling the terms of the Contract.
Provided, however, that the Insured or Seller has obtained the licences necessary to import or export the goods if such licenses are necessary under the regulations of the Insured's Country or the Seller's Country at the commencement of the Policy Period.
C - CONFISCATION
To indemnify the Insured for the Insured Percentage of the Insured's Loss caused solely and directly by an Expropriatory Act.
Expropriatory Act means any act of expropriation, confiscation, nationalisation, deprivation or requisition taken or authorised by the Government of the Host Country which directly results in preventing the Insured, in whole or in part, for the duration of the Waiting Period from exercising its rights with respect to the products delivered under the Insured's Contract.
2 - DEFINITIONS
A - Seller means the entity stated in Item 3 of the Declarations.
B - Seller's Country means the country stated in Item 4 of the Declarations.
C - Contract means the agreement between the Insured and the Seller stated in Item 8 of the Declarations.
D -Date of Loss means the date during the Policy Period on which the act or occurrence resulting in a Loss occurs.
E - Insured means the entity named in Item 1 of the Declarations.
F - Insured's Country means the country or territory shown in Item 12 of the Declarations.
G -Insured Percentage means the percentage stated in Item 10 of the Declarations of the amount of each and every Loss which is to be Insured under this policy and the remaining amount of Loss is to be borne by the Insured and remains uninsured.
H -Maximum Limit of Liability means the amount stated in item 9 of the Declarations which is the maximum amount payable under this policy for every Loss or for all Losses during the Policy Period.
I - Loss means the total of all funds advanced to the Seller in respect of the Contract which are refundable by the Seller and guaranteed by the Guarantor, less: the value of deliveries made by the Seller and all amounts recovered from or reimbursed by the Seller or any other sources in respect of the Contract.
J - Policy Currency means the currency shown in Item 11 of the Declarations and shall be the currency in which:
1) the premium is payable;
2) any Loss under this Policy is payable; and
3) the Limit of Liability is stated.
K - Policy Period means the period specified in Item 2 of the Declarations.
L - Government of the Host Country means the present or any succeeding governing authority (without regard to the method of its succession or whether it is recognised by the government of the Insured's Country or to whether it is formally described as governmental) or authorised agents thereof in effective control of all or any part of the Host Country or of any political or territorial subdivision thereof.
M - Guarantor means the entity stated in Item 5 of the Declarations.
N - Guarantee means the on-demand Guarantee issued by the Guarantor identified in Item 6 of the Declarations.
O - Waiting Period is the period which must elapse from any Date of Loss until any Loss is payable under the terms and conditions of this Policy.
3 - EXCLUSIONS
This Policy does not cover any Loss arising directly or indirecty from:
A - Acts or omissions by the Insured or at the Insured's direction or lack thereof, including, but not limited to fraudolent, dishonest or criminal acts;
B - War: between the Union of Soviet Socialist Republics, the United States of America, France, the United Kingdom or People's Republic of China, involving nuclear or thermonuclear devices, or between the Seller's Country and the Insured's Country;
C - Currency fluctuation or devaluation;
D - Insolvency, bankruptcy or financial default of the Insured;
E - Breach or inaccuracy of any representation or warranty or failure to perform or fulfil any covenant or agreement made herein by the Insured;
F - Non-compliance by the Insured with any obligation specified in the Contract or license including, but not limited to, failure to provide bond or security;
G - Failure of the Insured to transfer all goods out of the Seller's Country within the earliest feasible time that the goods could have been transferred;
H - Any change, alteration, or modification of the Contract as on file with the Company, except when the Company has given its prior written consent to such change, alteration, or modification and the Insured has paid any additional premium required;
I - Any fines or penalties imposed upon the Insured;
J - Strikes, riots attending a strike, locked-out workers, or other labour disturbances;
K - Phisical injury to or destruction of any tangible property including the loss of use thereof;
L -Transactions other than those in the Contract, unless and until the Company has approved any such transaction by endorsement;
M -Transactions providing for payment in other than Policy Currency;
N -Non willful failure or inability to harvest, manufacture or produce the goods or products specified in the Contract within the Seller's Country.
4 - WARRANTIES AND GOVERNANTS
The Insured warrants and agrees:
A - That the copy of the Contract provided by the Insured and currently on file with the Company is a true copy which embodies all the existing terms and conditions of the Contract;
B -That the Contract is signed, duly executed and in full force and effect, and all necessary arrangements for the fulfilment thereof have been made at the beginning of the Policy Period;
C -That it has complied with all the terms and conditions of the Contract and is not in default of its obligations under the Contract at the beginning of the Policy Period;
D -That it has complied and will continue to comply in all respects with the law of the Seller's Country and the Insured's Country;
E -That it has valid licences at the beginning of the Policy Period to fulfil the terms of the Contract and will make all applications as required by law, to extend, renew or modify such licences or to comply with any new licensing requirements promulgated during the Policy Period;
F -That it has no knowledge or information of any matter, fact or circumstance wich may reasonably give rise to a Loss;
G -To give written notice within fifteen days of learning of the occurrence of any circumstance which it believes is likely to result in a Loss, knowledge of which the Company could not reasonably be expected to obtain from the public media in .......
H -Not to make or permit the continuation of payments to the Seller after knowledge of the circumstances which could result in a Loss hereunder without the prior written consent of the Company;
I -To use all reasonably measures to prevent or minimise Loss hereunder, to co-operate in full with the Company, and to take all reasonable steps to effect recoveries of any amounts due, including, if required by and at the expense of the Company, the enforcement of any security and the institution of legal proceedings against either the Seller or any named guarantor or both;
J -That it will, to the extent feasible, adhere to the previsions of the Contract and the Guarantee with regard to the resolution of disputes and will pursue and preserve any and all administrative or judicial remedies which may be available for the resolution of such disputes.
K -That the responsibility for proving a Loss under this Policy shall at all times rest with the Insured.
L -In the event that the Seller is prevented from performing its obligations under the Contract due to circumstances outside its control, the Insured shall take all reasonable measures to allow the Seller to re-schedule the delivery dates.
5 - PROOF AND PAYMENT OF CLAIMS
Payment for Loss shall be made after submission of Proof of Loss as follows:
- In the event of Loss, the Waiting Period shall be 360 days from the scheduled date of delivery under Insuring Agreement I.A. and a subsequent 180 days under Insuring Agreement I.A. The Company shall indemnify the Insured for Loss: within 30 days thereafter, provided that the Insured has presented Proof of Loss acceptable to the Company, or within 30 days of receipt of satisfactory Proof of Loss, whichever is later; provided, however, that the Insured shall have submitted a Proof of Loss acceptable to the Company within 9 months of the Date of Loss, 30 days following demand by the Company for submission of such Proof of Loss.
6 - GENERAL CONDITIONS
A - Payment of Premium
(i) The Premium set forth in Item 7 of the Declarations shall be payable to the Company within .... days of the effective date of this Policy, subject to (ii) of this section. Any additional premium(s) shall be payable to the Company within .....days of the date of billing.
(ii) Premium which is payable in instalments (or otherwise not in full at onset) shall be fully due and payable immediately in the event a claim for Loss is submitted.
B - Notices
All notices, applications, consents, demands, requests or other communications provided for in this Policy shall be in writing and shall be deemed to have duly given if delivered personally or if mailed first-class, postage prepaid, return-receipt requested or certified mail to the Insured at the address shown in the Declarations and to the Company at:........
C - Subrogation
D - Recoveries
After payment of any Loss hereunder, any sums which are recovered from any source shall, after reimbursement of the expenses of recovery, be shared between the Company and the Insured, in the proportion in which they share the Loss.
E - Insured's Records
Upon reasonable notice, the Company may examine or take copies of any letters, accounts or other documents in the possession or control of the Insured, relating to or connected with this insurance or any transactions between the Insured and the Seller. The Insured shall, at the request of the Company, supply the Company with any information in the possession of the Insured or take any reasonable steps to obtain for the Company any information in the possession of the Insured or take any reasonable steps to obtain for the Company any information or any documents in the possession of any third party relating to or connected with this insurance or any transaction between the Insured and the Seller.
F - Final Determination
Any disputes between the Insured and the Seller which may result in a Loss, must be finally determined or settled with the Company's prior consent, before the Loss shall be payable.
G - Choise of Law
This Policy shall be governed by, construed and enforced under the laws of .......
H -Arbitration
All disputes which may arise under or in connection with this Policy, including any determination of the amuont of the Loss, shall be submitted to the London Court of Arbitration under and in accordance with its then prevailing commercial arbitration rules. The arbitration will be held in .... The award rendered by the arbitrator(s) shall be final and binding upon the parties and judgement thereon may be entered in any court having jurisdiction thereof.
I - Changes
Notices to any agent or broker, or knowledge possessed by any agent or any other person shall not constitute a waiver or a change in any part of this Policy or estop the Company from asserting any right hereunder. No provision of this Policy shall be waived or changed except by a written endorsement issued to form part of this Policy and signed by an authorised agent or representative of the Company.
J - Cancellation
No cancellation of this Policy is permitted by the Insured except as a result of the completion of the Contract or its termination by mutual consent of the parties. No cancellation of this Policy is permitted by the Company except for non-payment of Premium.
K - Accounting Principles
All financial statements and accounts as well as the calculation of any Loss hereunder shall be in accordance with the principles of accounting generally accepted in the Insured's Country, consistently applied and as used by the Insured in its certified financial statements.
L - Other Insurance
It is agreed that the insurance provided under this Policy will be excess over, and in no event contributing to, any other valid and collectible insurance which the Insured may have with another Insurer.
M - Action Against Company
No action arising out of this Policy may be brought against the Company unless the Insured shall have fully complied with all the terms of this Policy and such action is commenced within 24 months following the end of the Policy Period.
N - False or Fraudolent Statements, Reports or Claims, Concealment
0 - Failure to fulfil Contractual Duties to Seller
The Insured will hold the Company harmless from and against any Loss claim, charge or expense (including reasonable legal fees) resulting from the failure of the Insured or any of its agents to fulfil its or their contractual duties to the Seller with respect to the purchase of the products.
P - Loss Payee
Any Loss under this Policy may be adjusted with the Insured and paid to a named third party if such payment is requested by the Insured, agreed by the Company and the Policy is endorsed accordingly.
Q - Compliance by Insured
Failure by the Insured to comply with any term or condition of this Policy shall not be deemed to have been excused or accepted by the Company unless the same is specifically excused or accepted by the Company in writing.
IN WITNESS WHEREOF, the Company has caused this Policy to be executed and attested, but this Policy shall not be valid unless countersigned by a duly authorised representative of the Company.
AUTHORISED REPRESENTATIVE
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