1. In the event of an accident arising which could result in the emergence of damage to the cargo, which could constitute grounds for filing a claim hereunder, the Insurance Taker and the Insured are obliged to:
1) apply all measures available to them to save the subject of the insurance (the cargo) and prevent damage (to the cargo) or reduce its extent;
2) notify the Insurer without delay in writing or electronically. Notifications may be made by telephone by calling 0048 22 557 51 13 or 0048 22 557 51 39, by fax on 0048 22 557 49 21 or by e-mail: szkody_gospodarcze@aviva.pl;
3) notify the Police without delay in the event that there is a suspicion that the loss, damage or destruction of the cargo took place as a result of a wilful deed, the objective of which was to inflict damage or in the event of the existence of other properties of an infringement or a crime;
4) provide all explanations to the Insurer or experts appointed by the Insurer and make all documents available which could prove necessary for establishing the circumstances of the emergence of the damage and the Insurer’s liability, as well as to determine the level of damage, whereby the Insurance Taker or the Insured is obliged to simultaneously prepare a calculation of the damage suffered on the basis of its materials and at its own expense, as well as prepare and send a claim to the Insurer;
5) barring justified actions aimed at securing the possession or preventing further damage, maintain the actual state of affairs as caused by a random event until the Insurer begins the inspection or survey or grants a permission to proceed with repairs;
6) demand that the carrier or forwarder draws up a report of the condition of the cargo according to the transport law or other laws regulating freight contracts, as well as participate in the drawing up of the report; in case the carrier or forwarder refuses to draw up the aforementioned report, the Insured shall, together with two outsiders, personally draw up a report containing information about the cause of the damage, its value and other circumstances and evidence relevant to the incident;
7) name in writing the carrier or other party, against whom compensation claims may be pursued, responsible for the damage by sending a notification or a sea protest, or perform all and any actions necessary to enable the Insurer to efficiently pursue the aforementioned claims according to the procedure specified by relevant regulations, thereafter to provide the Insurer with proper documentation and inform the Insurer about all known circumstances relevant to evaluating the responsibility of the person against whom the aforementioned claims may be raised.
2. Representatives of the Insurer shall be entitled to:
a) enter the place of storing the subject matter of insurance and inspect places in which damage has occurred as well as secure or keep the damaged property;
b) manage the recovered parts of the damaged property, but transferring the damaged property to the Insurer is possible only upon the agreement of the Insurer.
3. If the Insuring Party, the Insured Party or persons, for whom they are responsible for, do not fulfil the obligation provided for in section 1 point 1 due to wilful misconduct or gross negligence, the Insurer shall not be responsible for the damage resulting thereof.
4. If the Insuring party, the Insured party or persons, for whom they are responsible for, violate the obligation provided for in section 1 point 2) and section 1 point 7), the Insurer may decrease compensation respectively, if the violation contributes to the increase of damage or makes the Insurer unable to determine circumstances and results of the fortuitous event.
5. Furthermore, the Insurer may raise claims against the Insured party, which have an impact on the responsibility of the Insurer resulting from the insurance contract.
1) apply all measures available to them to save the subject of the insurance (the cargo) and prevent damage (to the cargo) or reduce its extent;
2) notify the Insurer without delay in writing or electronically. Notifications may be made by telephone by calling 0048 22 557 51 13 or 0048 22 557 51 39, by fax on 0048 22 557 49 21 or by e-mail: szkody_gospodarcze@aviva.pl;
3) notify the Police without delay in the event that there is a suspicion that the loss, damage or destruction of the cargo took place as a result of a wilful deed, the objective of which was to inflict damage or in the event of the existence of other properties of an infringement or a crime;
4) provide all explanations to the Insurer or experts appointed by the Insurer and make all documents available which could prove necessary for establishing the circumstances of the emergence of the damage and the Insurer’s liability, as well as to determine the level of damage, whereby the Insurance Taker or the Insured is obliged to simultaneously prepare a calculation of the damage suffered on the basis of its materials and at its own expense, as well as prepare and send a claim to the Insurer;
5) barring justified actions aimed at securing the possession or preventing further damage, maintain the actual state of affairs as caused by a random event until the Insurer begins the inspection or survey or grants a permission to proceed with repairs;
6) demand that the carrier or forwarder draws up a report of the condition of the cargo according to the transport law or other laws regulating freight contracts, as well as participate in the drawing up of the report; in case the carrier or forwarder refuses to draw up the aforementioned report, the Insured shall, together with two outsiders, personally draw up a report containing information about the cause of the damage, its value and other circumstances and evidence relevant to the incident;
7) name in writing the carrier or other party, against whom compensation claims may be pursued, responsible for the damage by sending a notification or a sea protest, or perform all and any actions necessary to enable the Insurer to efficiently pursue the aforementioned claims according to the procedure specified by relevant regulations, thereafter to provide the Insurer with proper documentation and inform the Insurer about all known circumstances relevant to evaluating the responsibility of the person against whom the aforementioned claims may be raised.
2. Representatives of the Insurer shall be entitled to:
a) enter the place of storing the subject matter of insurance and inspect places in which damage has occurred as well as secure or keep the damaged property;
b) manage the recovered parts of the damaged property, but transferring the damaged property to the Insurer is possible only upon the agreement of the Insurer.
3. If the Insuring Party, the Insured Party or persons, for whom they are responsible for, do not fulfil the obligation provided for in section 1 point 1 due to wilful misconduct or gross negligence, the Insurer shall not be responsible for the damage resulting thereof.
4. If the Insuring party, the Insured party or persons, for whom they are responsible for, violate the obligation provided for in section 1 point 2) and section 1 point 7), the Insurer may decrease compensation respectively, if the violation contributes to the increase of damage or makes the Insurer unable to determine circumstances and results of the fortuitous event.
5. Furthermore, the Insurer may raise claims against the Insured party, which have an impact on the responsibility of the Insurer resulting from the insurance contract.
