Cargo insurance policy/ Freight insurance

This type of policy covers the liability of the international and national transport companies (which are expressly mentioned in the insurance contract) for damage or destruction of the goods entrusted to transport.

The policy covers only the liability of the transporter as a carrier in case of damaging the goods that are being transported on the Romanian territory and outside of it.

Covered risks

Raspunderile cuprinse in asigurare in baza prezentelor Conditii speciale sunt cele prevazute la art.17 ?i 23 din Conventia Internationala (C.M.R.), astfel:

ARTICOLUL 17

1. The carrier is liable for total or partial loss or damaging goods and merchandise from the moment of the receipt to its release, the carrier is also liable for delaying the release.
2. The carrier is relieved of this liability if the loss, damage or delay was caused by the fault of a person whom is entitled to dispose of the goods, an injunction not resulting from a fault of the carrier by an inherent defect in the goods or circumstances on which the carrier could not avoid and whose consequences it could not prevent.
3. The carrier cannot rely on a fault on the vehicle he uses for the transportation to be relieved of the liability nor can he blame the person from whom the vehicle was rented or his agent.
4. 4. The transporter is relieved from the liability or the damage resulting from inherent risks or the following risks:
1. Using the vehicles discovered if this way of usage has been expressly agreed in the contract and mentioned in the consignment note.
2. Lack or inadequacy of packaging the goods which by their nature are prone to alteration or damage when packaged bad or not packaged at all.
3. Handling, loading, unloading, anchoring the goods by sender or receiver or by persons acting on behalf of the consigner or consignee
4. The nature of the exposed good which due to inherent causes in their nature itself can lead to total or partial loss or damage by breakage, rust, internal and spontaneous damage, drying, leakage, loss by the actions of rodents or insects.
5. Failure or inadequacy of marks or numbers on the packages
6. 6. Livestock transport
5. 5. If under this article the carrier is not liable for some factors causing the loss the liability is incurred only to the extent that the factors for which he is liable has contributed to the damage.

ARTICLE 23

1. When in accordance with the Convention the carrier is put in charge with a compensation for total or partial loss of goods the compensation is calculated by the value of the goods at the place and time of the receipt for shipment.
2. The value of goods is calculated based on the exchange note, or in the absence of it, on the basis of the current market price or based on the usual value of goods of the same type and same quality.
3. However, the amount that represents the compensation will not exceed 8.33 units of account per kilogram of lost gross weight. The unit of account is XDR Special Drawing Right.
4. In addition, the shipping fee, custom duties and other expenses that may occur upon cargo transport are returned fully in case of total loss and proportionately in case of partial loss.
5. In case of a delay that caused a prejudice to the receiver the carrier is obliged to pay the damages but cannot exceed the price of the transport.
6. A higher compensation can be claimed only if the value of the goods is declared or if a declaration of special interest is made.

Excluded risks:

The policy does not cover:

• Loss, damage, expense or delay coming out of a fortuitous event or major force, inherent defect in the goods or even the nature of the causes generated by sender or recipient
• Loss, damage and expense resulting from a caused by:
1. Using the vehicles without a cover if this was expressly agreed in the consignment note.
2. Lack off or faulty packaging ( in this sense the term “packaging” includes stowage in a container).
3. Inherent defect or the nature of the insured good
4. Handling, loading, stowage or unloading cargo
5. Ordinary leakage, loss of weight or usual volume, rusting, spontaneous internal or exterior damage, breakage or cracking of the insured goods
6. Insect or rodent action.
7. Failure or inadequacy of marks or numbers on the packages
8. Livestock transport
• Indirect damages (for example lowering commodity prices).
• damages caused by military in wartime measures or caused by the war (declared or not), strikes, lock-outs, civil unrest, hostile actions
• property damage due to theft
• expenses made for changing, fixing damages or improve the goods compared to their condition prior to the insured event or for unsuccessful restauration or repairing.
• intentionally damaging the goods caused by the insured or by its representatives
• damages due to exceeding the deadline due to events not covered by the insurance:
1. The person who was driving or operating the vehicle that caused the insured event had a blood alcohol percentage that exceeded the limits established by law or was under the influence.
2. The damages occurred during intentionally committed crimes or if the person who was driving the car committed a crime and tried to evade/escape the pursuit.
3. The vehicle that caused the insured event had no valid registration certificate or other valid right of passage.

Responsibility of the transporter of some of the assets/goods listed above may be included in CMR insurance at the written request of the insured. In this case the insurer will issue an additional insurance and the costumer will pay an additional insurance premium.

The maximum limits of liability covered by insurance for each consignment in part it’s established by the chosen insurance company.

Validity

The insurance can be concluded for periods from one month up to a year.