Introduction
IKHLAS ERECTION ALL RISKS TAKAFUL is
a plan that provides protection against risk involved
in the
erection of plants, machinery and steel structures
of any kind. It also provides coverage against third
party claims in respect of damaged property or bodily
injury arising from the erection works.
What does IKHLAS Erection All Risks
cover?
Section I - Material Damage
IKHLAS ERECTION ALL RISKS TAKAFUL provides an all
risks cover. Under this section, the Company agrees
that any unforeseen and sudden physical loss or
damage from any cause occurring during the period
of takaful, other than those specifically excluded
will be indemnified.
The Company will also reimburse the cost of clearance
of debris following upon any event giving rise to
a claim provided a separate sum has been declared
and entered in the Certificate Schedule.
Section II - Third Party Liability
The Company will indemnify the participant up to
the amounts specified should the participant become
legally liable to pay as damages consequent upon;
| a) |
Accidental bodily injury to or illness of third
parties (whether fatal or not) |
| b) |
Accidental loss of or damage to property belonging
to third parties occurring in direct connection with
the erection, construction or testing of the items
covered under Section 1 and happening on or
in the immediate vicinity of the site during the
Period of Cover. |
The Company will in addition indemnify the Participant
against;
| a) |
All costs and expenses of litigation recovered
by any claimant from the Participant, and |
| b) |
All costs and expenses incurred with the written
consent of the Company, provided that it does not
exceed the limits of indemnity stated in the
Certificate Schedule. |
Period of Cover
The liability of the Company starts directly upon
commencement of work or after unloading of items
covered at site and continue until taking over
or after the first test operation or test loading
is completed whichever is earlier; but not beyond
four weeks from the date of commencement of the
test (unless otherwise agreed in writing).
If, however, a part of a plant or one or several
machine(s) is/are tested and/or put into operation
or taken over, the cover for that particular part
of the plant or machine(s) and any liability resulting
therefrom ceases whereas the cover continues
for the remaining parts.
In the case of second-hand items, the takaful however
ceases immediately on the commencement of the test.
Sum Covered
The sum covered is the value of the machinery or
plant to be erected in accordance with the supply
contract, including freight, customs duties and
dues, and erection cost.
Usually, separate sums covered are fixed for:-
| * |
Erection machinery and equipment at new replacement
value; |
| * |
Property located on the site, belonging to or held
in care, custody or control of the Participant or
the Principal |
| * |
Additional covers, e.g. for air freight expenses. |
| * |
Cost of clearance of debris
Third Party Liability is also covered subject to
a separate limit of indemnity for any one accident
or series of accidents arising out of one event. |
Exclusions
The cover provided by IKHLAS ERECTION ALL
RISKS TAKAFUL is comprehensive subject to certain exclusions
as specified in the Certificate. In addition, the
Company will not indemnify loss, damage or liability
directly or indirectly caused by or arising out
of or aggravated by;
| a) |
War, invasion, act of foreign enemy, hostilities
(whether war be declared or not), civil war, rebellion,
revolution, insurrection, mutiny, riot, strike, lock
out, civil commotion, military or usurped power,
a group of malicious persons or persons acting on
behalf of or in connection with any political organization,
conspiracy, confiscation, commandeering, requisition
or destruction or damage by order of any government
de jure or de facto or by any public authority; |
| b) |
Nuclear reaction, nuclear radiation, or radioactive
contamination; |
| c) |
Willful act or willful negligence of the participant
or of his representatives; |
| d) |
Cessation of work whether total or partial. |
Special exclusions to Section I- Material Damage
The Company shall not be liable for:
| a) |
The deductible stated in the schedule to be borne
by the Participant in any one occurrence; |
| b) |
Consequential loss of any kind or description
whatsoever including penalties, losses due to delay,
lack of performance, loss of contract; |
| c) |
Loss or damage due to faulty design, defective
material or casting, bad workmanship other than faults
in erection; |
| d) |
Wear and tear, corrosion, oxidation, incrustation; |
| e) |
Loss of or damage to files, drawings, accounts,
bills, currency, stamps, deeds, evidence of debts,
notes, securities, cheques, packing materials such
as cases, boxes, crates; |
| f) |
Loss discovered only at the time of taking an
inventory. |
Special exclusions to Section II- Third Party Liability
The Company will also not indemnify the Participant
in respect of:
| a) |
The deductible stated in the schedule to be borne
by the Participant in any one occurrence; |
| b) |
Expenditure incurred in doing or redoing or making
good or repairing or replacing anything covered or
coverable under Section I of this certificate; |
| c) |
Liability consequent upon |
| |
i. |
Bodily injury to or illness of employees or workmen
of the contractor(s) or the principal(s) or any other
firm connected with the project which or part of
which is covered under Section I, or members of their
families; |
| |
ii. |
Loss or damage to property belonging to or held
in care, custody or control of the contractor(s),
the principal(s) or any other firm connected with
the project which part of which is covered under
Section I, or an employee or workman of one of the
aforesaid; |
| |
iii. |
Any accident caused by vehicles licensed for
general road use or by waterborne vessels or aircraft;
iv. any agreement by the participant to pay any sum
by way of indemnity or otherwise unless such liability
would have attached also in the absence of such agreement. |
|
Standard Extensions
of Basic Cover
Clearance of Debris
The Company will reimburse the Participant for the
cost of clearance of debris following upon any event
giving rise to a claim. The proposer should be encouraged
to declare an adequate amount for clearance of debris
which is to be entered in the Certificate Schedule
under Section 1.
Existing Structures and/or Surrounding Property
Loss of or damage to property located on or adjacent
to the site and belonging to or held in care, custody
or control of the principal(s) or the contractor(s)
may be covered if occurring in direct connection
with the erection, construction or testing of the
items covered under Section 1 and happening during
the period of cover, and provided that a separate
sum covered (i.e. limit of indemnity) has been
entered in the Certificate Schedule under Section
1.
This cover does not apply to construction/erection machinery and construction/erection equipment.
The relevant sum covered (i.e. limit of indemnity)
should be fixed to allow for a substantial accident
involving such property, i.e. considering the
value of all items surrounding the erection site
or held in care, custody or control.
Third Party Liability
Third party liability can only be covered in conjunction
with material damage under Section I.
The limit of indemnity for third party liability
should not exceed:
Extra charges for overtime, night work, work on
public holidays, express freight are covered only
if previously and specially agreed upon in writing.
Construction / Erection Equipment
The construction/erection equipment such as scaffolding,
fencing, fire fighting equipment, site camp, site
offices etc may be covered under the Certificate.
The items to be covered must be entered in a "list
of construction/erection equipment". This list
is to be appended to the Certificate.
Construction / Erection Machinery
When on site, construction/erection machinery may
be covered under the Certificate. In such cases
a complete list of these items showing the new
replacement values is to be appended to the Certificate.
Specisl Extensions of Basic Cover
Strike, Riot and Civil Commotion
On request, the risks of strike, riot and civil commotion
(SRCC), not assuming the extent of a popular rising,
may be included. The indemnity limit which can be
granted for this extension however should not exceed
the sum covered.
Cross Liability
If several parties are covered who want to be in
a position as if a separate certificate had been
issued to each party, Cross Liability extension
has to be applied.
The purpose of this endorsement is to define exactly
the scope of cover granted to an individual contractor
under Section II of the Certificate:
| * |
Loss of or damage to items covered under Section
I of the Policy is not indemnifiable under Section
II. One thereby avoids that material damage caused
by one contractor to another contractor’s or
to the principal’s property is handled under
the TPL section. |
| * |
Persons occupied on the construction site are not
covered under the Policy against accidents at work
if they are or could have been covered under Workmen’s
Compensation and/or Employer’s Liability insurance.
Any liability arising out of fatal or non-fatal injury
or illness of these employees or workmen is excluded. |
Maintenance
Section I of the Certificate can be extended to cover
loss of or damage to the erection works occurring
during the maintenance period.
Two types of cover are available:
| a) |
Maintenance visits - cover for loss or damage
caused by maintenance operations |
| b) |
Extended maintenance - cover as per a) and
also for loss or damage occurring during the maintenance
period which was caused within the construction or
erection period. This cover, however, may be problematic
and should therefore be avoided whenever possible. |
The period of cover for loss or damage during the
maintenance period should not exceed 12 months.
Extra Charges for Overtime, Night Work, Work on
Public Holidays, Express Freight
Extra charges for overtime, night work, work on public
holidays and express freight, incurred in direct
connection with repair work may be extended under
this Certificate.
The reimbursement of these extra charges is limited
to indemnifiable claims, i.e. the repair costs must
exceed the deductible.
Extra Charges for Airfreight
Extra charges for airfreight incurred in direct connection
with repair work may also be extended.
The reimbursement of these extra charges is limited
to indemnifiable claims, i.e. the repair costs must
exceed the deductible.
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