Terms and Conditions of Insurance (Version 3.1: Last updated in July 2020)
Viamar Scilla Transport International Inc. (or “VIAMAR”) has developed certain Terms and Conditions of Insurance which apply to all the international moving, goods shipping and vehicle shipping services we provide. These terms and conditions of insurance constitute a legally binding contract between the “Company” and the “Customer.” In the event the Company renders services and issues a document containing Terms and Conditions governing such services, the Terms and Conditions set forth in such other document(s) shall govern those services.
Shipping insurance is used to provide coverage on the shipments you send from Viamar Scilla Transport International Inc. The insurance covers your goods from the moment they are placed inside a shipping container and delivered to the port of origin, to the time they are unloaded at the destination port.
Viamar Scilla partners with Lloyd’s of London to provide cargo marine insurance on goods sent through our ocean and air freight shipping methods.
(1) Interest Insured:
Household goods and personal effects, private car, mobile home and/or motorcycle used for the private purpose of the Insured only, as per declaration/inventory submitted by the Insured, forming the basis of insurance under this Policy.
(2) Method Of Transit:
Per approved vessel and/or truck and/or air carrier and/or rail carrier and/or conveyances held covered. Date of dispatch to be declared as soon as practicable to the Insurer or its representative with the following details: name of vessel or carrier, voyage or flight number, bill of lading and container number as well as date of departure and/or date of arrival.
(3) Scope Of Coverage:
Always subject to the full premium having been paid to and collected by VIAMAR and subject to all Terms And Conditions of this Policy, new and/or used household goods and personal effects, under deck, are insured against ALL RISKS of direct physical loss or damage from any external cause, irrespective of percentage and transshipment, if involved. Shipments on deck of ocean vessel subject to an “On Deck” Bill of Lading are warranted free of particular average. Containerized shipments on deck are insured per above “All Risk” clauses.
(4) War Risk Exclusion Clause:
This Policy does not cover loss or damage, if any act or event, out of or in the course of which such loss or damage arises, constitutes or is a port of or is committed or happens whether directly or indirectly by reasons of, or in connection with war, invasion, act of foreign enemy, hostilities or warlike operations (whether war be declared or not), civil war, rebellion, revolution, insurrection, military or usurped power, martial law, or the act of any lawfully constituted Authority, and in any claim, and in any action, suit or other proceedings to enforce a claim for loss or damage under this Policy, the burden of proving that the loss or damage does not fall within this clause shall be upon the Insured.
(5) R.A.C.E. Clause:
This Insurance is subject also to the Current London Institute Radioactive Contamination Exclusion Clause.
(6) Territorial Conditions:
A. Coverage is to apply from such time as packing shall commence at origin residence and be continuous during normal course of transit until unpacking is completed at destination residence provided that all other Terms and Conditions of this Policy are met.
B. Storage coverage extensions may be granted subject to prior written notice and payment of additional premiums to Viamar, as per the attached Storage Extension Request Form, forming part of this Policy. Extension is subject to approval of and validation by Viamar.
C. Coverage at warehouse of Country of origin is provided for up to 30 days, and for up to 30 days after arrival at warehouse of final destination warranted that the property is stored in enclosed protected warehouses.
(7) Period Of Coverage & Conditions Precedent To Coverage:
A. Coverage is to apply from such time as the property enters the custody of the mover until unpacking is completed at destination residence, including course of due transit as well as an additional period of up to 30 days of warehouse storage at place of origin residence and an additional period of up to 30 days of warehouse storage at place of destination residence. If for any reason the property will be subject to any additional period of storage beyond the stated coverage parameters, it shall be the Insured’s sole responsibility to seek coverage extension. Requests for coverage extensions may be granted subject to prior written notice and payment of additional premiums to Viamar as per application by the Storage Extension Request Form, forming part of this Policy. Extension is subject to written approval of and validation by Lloyd’s of London.
B. It is a condition precedent to coverage that written notice of claim under this insurance in all events be submitted in accordance with “CLAIM PROCEDURE” within 45 days after the date of delivery of the shipment, or in the event of non-delivery, within 45 days of the date your goods should have been delivered, and in all events within 45 days from the last day of coverage period per paragraph “A” above.
(8) Conditions And Exclusions:
1.1 Valuation Clause: For coverage hereunder, the Insured must value the shipment in one of two methods: (a) the Insured may specifically identify and accurately value each and every item; items not identified or valued will not be covered. Alternatively, (b) the Insured may declare a “lump sum” figure for the total collective value of the shipment which figure should in no event be lower than a certain amount per pound of the net weight of the shipment.
1.2 100% Co-Insurance Clause: The Insured shall at all times maintain insurance on 100% value of his shipment to the extent of the actual cash value at destination (replacement cost less normal depreciation) or to the extent of the replacement cost at destination (replacement value at today’s replacement cost), at the time of loss or damage, and failing to do so the Insured shall to the extent of such deficit bear his portion or their portion of any loss or damage including labour charges.
1.3 Co-Insurance Penalty Clause: Regardless of by what method the Insured values the shipment, the Insured must procure insurance for 100% of the value of the entire shipment (replacement cost at destination at the time of shipment). In the event of a claim, failure to buy adequate insurance will result in the Insured having to bear the extent of such deficit by way of “Co-Insurance Penalty.”
1.4 Agreed Value Clause: Notwithstanding anything to the contrary herein, it is hereby declared and agreed that in case of a claim arising in respect of all or any item or items appearing on the Declaration/Inventory list, the value reflected against such item or items shall not be regarded as an agreed value between the Insurer and the Insured, notwithstanding that a Certificate of Insurance has been issued in respect of the total amount or amounts of such Declaration/Inventory. The actual value and amount recoverable in respect of each and every item lost or damaged will have to be provided by the Insured to the Insurer – the maximum amount recoverable being the sum insured or the replacement value at destination, whichever is the lower.
1.5 High Value Items Clause: High Value Items are ANY ITEM OVER __CAD in value, which must be individually and separately listed with full replacement value at destination on a separate sheet. The Insured’s failure to separately identify and value any item in the shipment having a value of ___CAD or more will in all events limit claim recovery for damage to or loss of that item to a maximum of __CAD assuming other terms and conditions for coverage are met.
1.6 Pairs and Sets Clause: Where any insured items consist of articles in a pair or set, this Policy is not to pay more than the value of any particular part or parts (or proportionate part) of such pair or set which may be lost or damaged, without regard to any special value which such article or articles may have as part of such pair or set and without regard to any diminution in value of the pair or set.
1.7 Repair and Replacement Clause: The insurer shall be entitled at its sole option to replace, with like kind and quality, or repair any article damaged (whether wholly or in part), or to pay cash, in any event not exceeding the insured value thereof. Always provided that in the event of replacement or cash payment for actual or constructive total damage, the item is surrendered to and becomes the property of the insurer.
1.8 Percentage of Glass, Etc.: Warranted that maximum percentage of Glass, China, Marble, Earthenware and the like does not exceed 15% of the total sum insured, or held covered. The foregoing does not apply if loss or damage is caused directly from stranding, sinking or collision of the Vessel or collision or overturn of transporting land conveyance. The foregoing does not apply if such articles were professionally and suitably packed.
1.9 Depreciation: Underwriters liability is restricted to the reasonable cost of repair and no claim is to attach hereto for depreciation consequent thereon.
1.10 General Average and Salvage Charges: General Average and Salvage Charges payable as provided in the respective contract of carriage/affreightment. For the purpose of claims for general average contribution and salvage charges recoverable hereunder, the subject matter insured shall be deemed to be insured for its full contributory value. General average deposits only payable on General Average deposits receipts.
1.11 Other Insurance: This insurance does not cover to the extent of any other insurance, whether prior to subsequent hereto in date and by whomsoever effected directly or indirectly covering the same property, and the Underwriters shall be liable for loss or damage only for the excess value beyond the amount due from such other insurance.
2.1 Marring, scratching, chipping and denting of used electrical appliances and used furniture. *This exclusion will be deleted if the owner and mover both agree and both sign a “Certificate of Condition,” or a similar document, stating the condition of the items at the time the same entered the custody of the mover, specifically noting all defects or affirmatively stating the absence of any defect.
2.2 Loss or damage due to mechanical, electrical or electronic derangement unless the insured item is otherwise damaged and/or mechanical defects covered by a manufacturer’s warranty.
2.3 Loss or damage due to mould, vermin, moth, wear and tear and gradual deterioration, termites, rodents, inherent vice or rust.
2.4 Consequential loss, damages, diminution in value or expenses incurred.
2.5 Loss or damage by climatic conditions or extremes of temperature.
2.6 Owner-Packed Effects – Breakage, scratches, denting, marring, chipping, staining and tearing of owner-packed effects, including boxes, trunks, suitcases and the like, as well as shipping containers, conveyances and the like. Also excluding claims for lost or missing items unless a valued list of contents is supplied by the owner prior to commencement of transit.
2.7 Loss of or damage to human remains, cash, notes, stamps, coins, deeds, firearms, negotiable documents, traveler’s cheques, jewelry, watches, bullion, or similar valuable articles. Such items should be personally carried as allowed by law.
(9) Dispute Resolution:
No action or suit against the Underwriters or its agents for recovery of any claim by virtue of this insurance shall be sustained in any Court of Law, Equity or Arbitration unless commenced within one (1) year from the time loss occurred, or, if such limitation is not valid by the law of the place where the policy is issued, within the shortest contractual period of limitation provided by such law. All such suits when timely filed shall be resolved in mandatory arbitration in Toronto pursuant to commercial rules of the International Centre for Dispute Resolution Canada or pursuant to the rules of the International Chamber of Commerce, if outside Canada. It is agreed that this policy is a contract of marine insurance and the law applicable to any interpretation of this policy and the rights and obligations of the Insurer and Insured hereunder shall be Canadian maritime law.
(10) Automobiles, Motorcycles And Mobile Homes
Coverage is to apply from the time the vehicle is given into the custody of the freight forwarder or steamship company, for up to 60 days whilst stored at warehouse of origin, and continues until the vehicle is delivered to the point of final destination, and whilst stored for up to 30 days only at warehouse of destination, always provided that it is not operated under its own power for the whole period defined above, unless: Operation under own power occurs whilst on premises of loading or unloading port, and Subject to the following exclusions/conditions:
Apart from the specific conditions mentioned above, coverage in respect to automobiles, motorcycles or mobile homes is subject to the general terms and conditions of the Policy, where they do not conflict with the specific conditions.
(11) Insurance Charges Clause:
Premiums accrued and not received by Viamar for coverage noted within this declaration shall be void in conjunction to such stated coverage declared within – in accordance with policy terms and conditions. Payment to any party other than Viamar is not considered payment to Viamar.
(12) Procedure Of Claim:
There are definite time limitations for claim submission; review the Claims Reporting Procedure Form. Immediate notice must be given to Viamar at the address shown on the face of this declaration. Failure to give notice to Viamar within 45 days after delivery of the shipment will void coverage. Further it is mandatory for all supporting documents to be provided in a timely fashion not to exceed 90 days of the first notice.
Note: The Insured or their Agent are recommended to make themselves familiar with the regulations of the Port Authorities at the port of discharge. Any claim under this insurance should be submitted without delay, accompanied by all correspondence with Carriers and other parties regarding their liability.
1. All Risk – Coverage against loss or damage from all perils except those specifically excluded.
2. Assumed Liability – Liability, which would not rest upon a person except that he or she has accepted responsibility by contract expressed or implied. This is also known as contractual liability.
3. Basic Rate –The standard charge for a given type of risk.
4. Cancellation – Termination of an insurance coverage during the policy period by the voluntary act of the insurance company or insured, effected in accordance with provisions in the contract or by mutual agreement.
5. Claim – Notice to an insurer that under the terms of a policy, a loss may be covered.
6. Clause – A term used to identify a particular part of a policy or endorsement.
7. Due Diligence – An investigation or audit of a potential investment. Due diligence serves to confirm all material facts in regards to a sale. Generally, due diligence refers to the care a reasonable person should take before entering in an agreement or transaction with another party.
8. Depreciation – Decrease in the value of property over a period of time due to use, wear, tear, and obsolescence.
9. Effective Date – The date on which an insurance policy or bond goes into effect, and from which protection is furnished.
10. Extended Coverage – A common extension of property insurance beyond coverage for fire and lightning. Extended coverage adds insurance against loss by the perils of windstorm, hail, explosion, riot, riot while attending a strike (civil commotion), aircraft damage, vehicle damage, smoke damage, and volcanic eruption.
11. Insured – The Shipper(s), individual(s) or companies who have elected to purchase insurance through this program.
12. Lapse – Termination of a policy because of failure to pay the premium.
13. Negligence – Failure to use that degree of care that an ordinary person of reasonable prudence would use under the given circumstances. Negligence may be constituted by acts of either omission or commission or both.
14. Partial Loss – A loss under an insurance policy which does not either (1) completely destroy or render worthless the insured property, or (2) exhaust the insurance applying thereto.
15. Quote – An estimate of the cost of insurance, based on information supplied to the insurance company by the applicant.
16. Total Insured Value – The total value of the item(s) declared for insurance coverage. Includes the Carrier-provided coverage, if any.
17. Underwriter – A person trained in evaluating risks and determining the rates and coverage that will be used for them. An agent, especially a life insurance agent, who might qualify as a “field underwriter.” In theory, the agent is supposed to do some underwriting before submitting the case to the home office underwriter.
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