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qbe AUSTRALIA




                          Trades Package

                          Business Pack Insurance Policy
QM207




             This Policy is underwritten by QBE Insurance (Australia) Limited
             ABN 78 003 191 035, AFS Licence No. 239545 of 82 Pitt Street, Sydney
TRADES PACKAGE POLICY
                                                                     Index                                          Page
Welcome to QBE Australia
In this policy booklet you’ll find all the information you need      Welcome to QBE Australia                          1
to know about the type of cover(s) available, our terms and
conditions, and making a claim.                                      About QBE Australia                               1

Please read this booklet and make sure that you are satisfied        Important Information                             2
with what we offer.
                                                                     Insurer                                           2
Unless we have already agreed to issue a cover note, insurance
protection only begins when we receive and accept your completed     Information about your Policy                     2
application form and the premium.

This booklet and the insurance schedule we send you form             How Goods and Services Tax affects any
your legal contract with us, so please keep them together in           payments we make                                2
a safe place.
                                                                     Duty of Disclosure – What you must tell us        2
Please do not hesitate to contact your broker or agent if you have
any questions about this policy booklet or your insurance cover.     Evidence of value                                 2

                                                                     Our agreement                                     2
About QBE Australia
                                                                     Privacy                                           3
QBE Insurance (Australia) Limited is a member of the QBE
Insurance Group (ASX: QBE). QBE Insurance Group is Australia’s       The General Insurance Code of Practice            3
largest international general insurance and reinsurance group,
and one of the top 25 insurers and reinsurers worldwide. The         Dispute resolution                                3
company has been operating in Australia since 1886 and
                                                                     General definitions applying to all sections
continues to provide industry-leading insurance solutions that
                                                                      of this policy                                   3
are focused on the needs of intermediaries and their clients.

QBE is a household name in Australian insurance, backed by
sizeable assets, and well known as a strong and financially          Sections
secure organisation.
                                                                     Property                                          4

                                                                     General Property                                  9

                                                                     Broadform Liability                              10

                                                                     Tax Audit                                        28

                                                                     Transit                                          30

                                                                     Statutory Liability                              31

                                                                     Employment Practices                             34

                                                                     General Exclusions                               37

                                                                     General Conditions applicable to
                                                                      all sections                                    38

                                                                     Claims                                           39




Date of preparation: 31 July 2009
Date effective: 31 July 2009
QM207-0709                                                                                                                 1
TRADES PACKAGE POLICY                                                We will (where relevant) pay you on your claim by reference to
                                                                     the GST exclusive amount of any supply made by any business
                                                                     of yours which is relevant to your claim.

Important Information                                                GST, Input Tax Credit (ITC), Business Activity Statement (BAS)
                                                                     and Acquisition have the same meaning as given to those
                                                                     expressions in A New Tax System (Goods and Services Tax)
Insurer                                                              Act 1999 and related legislation as amended from time to time.
The Policy is underwritten by QBE Insurance (Australia) Limited,
                                                                     Taxable Percentage is your entitlement to an Input Tax Credit on
ABN 78 003 191 035, AFS Licence No. 239545 of 82 Pitt
                                                                     your premium as a percentage of the total GST on that premium.
Street, Sydney.


Information about your Policy                                        Duty of Disclosure – What you must tell us
                                                                     Under the Insurance Contracts Act 1984 (the Act), you have
This is the Policy wording. It tells you
                                                                     a Duty of Disclosure. You are required before you enter into,
•	     what the Policy covers,                                       renew, vary, extend or reinstate your Policy, to tell us everything
                                                                     you know and that a reasonable person in the circumstances
•	     what the Policy does not cover,
                                                                     could be expected to know, is a matter that is relevant to our
•	     how to make a claim,                                          decision whether to insure you, and anyone else to be insured
                                                                     under the Policy, and if so, on what terms.
•	     what excesses apply, and

•	     other terms and conditions.                                   •	   You do not have to tell us about any matter
Details of the insurance which are personal to you are shown              –	    that diminishes the risk
on the Schedule, which we send to you with the Policy wording.            –	    that is of common knowledge
The date when your insurance cover begins and ends is                     –	    that we know or should know in the ordinary course
particularly important.                                                         of our business as an insurer, or
Please read this Policy carefully and retain it in a safe place.          –	    which we indicate we do not want to know.

                                                                     •	   If you do not tell us
How Goods and Services Tax affects any payments
we make                                                              	    If you do not comply with your Duty of Disclosure we may
                                                                          reduce or refuse to pay a claim or cancel your Policy. If
The amount of premium payable by you for this Policy includes
                                                                          your non-disclosure is fraudulent we may also have the
an amount on account of the GST on the premium.
                                                                          option of avoiding the contract from its beginning.
When we pay a claim, your GST status will determine the
amount we pay.
                                                                     Evidence of value
When you are:
                                                                     Please retain receipts of purchase or proof of the value of all
(a)	   not registered for GST, the amount we pay is the sum          property insured by this Policy so that you can prove the amount
       insured/limit of liability or the other limits of insurance   of any loss if you have to claim under this Policy.
       cover including GST.

(b)	 registered for GST, we will pay the sum insured/limit of        Our agreement
     liability or the other limits of insurance and where you
                                                                     This Policy is a legal contract between You and Us. You pay
     are liable to pay an amount for GST in respect of an
                                                                     Us the premium, and We provide You with the cover You have
     acquisition relevant to your claim (such as services to
                                                                     chosen as set out in the Policy Schedule, subject to the terms
     repair a Damaged item insured under the Policy) we will
                                                                     and conditions of the Policy. Cover is provided during the
     pay for the GST amount.
                                                                     Period of Insurance shown on Your Policy Schedule or any
We will reduce the GST amount we pay for by the amount of            renewal period.
any input tax credits to which you are or would be entitled
                                                                     We will not pay any more than the sum insured or limit of liability
if you made a relevant acquisition. In these circumstances,
                                                                     for each section which is shown in the Policy Schedule, unless
the Input Tax Credit may be claimable through your Business
                                                                     stated otherwise in the Policy wording.
Activity Statement (BAS).
                                                                     We will not pay the Excesses shown in the Policy wording or
You must advise us of your correct Australian Business Number
                                                                     Policy Schedule. If any loss or damage or liability leads to a claim
and Taxable Percentage.
                                                                     under more than one section of this Policy, You must pay the
Any GST liability arising from your incorrect advice is payable      highest applicable Excess, but You need pay only one Excess.
by you.

Where the settlement of your claim is less than the sum insured/
limit of liability or the other limits of insurance cover, we will
only pay an amount for GST (less your entitlement for Input Tax
Credit) applicable to the settlement. This means that if these
amounts are not sufficient to cover your loss, we will only pay
the GST relating to our settlement of the claim.



2
General definitions


Privacy                                                               We have a Complaints and Dispute Resolution Procedure which
                                                                      undertakes to provide an answer to your complaint within 15
Privacy legislation regulates the way private sector organisations
                                                                      working days.
can collect, use, keep secure and disclose personal information.
We are bound by the Privacy Act 1988 (Cth.), when collecting          If you would like to make a complaint or access our internal
and handling your personal information. QBE has developed a           dispute resolution service please contact your nearest QBE
privacy policy which explains what sort of personal information       office and ask to speak to a dispute resolution specialist.
we hold about you and what we do with it.

We will only collect personal information from or about you           General definitions applying to all
for the purpose of assessing your application for insurance
and administering your insurance policy, including any claims
                                                                      sections of this policy
you make or claims made against you. We will only use and             Wherever the words listed below are used in the Policy wording,
disclose your personal information for a purpose you would            they mean what is set out below.
reasonably expect.                                                     Word or Term    Meaning
We may need to disclose personal information to our reinsurers         Business        your trade or occupation which is
(who may be located overseas), insurance intermediaries,                               described in the Policy Schedule and is
insurance reference bureaux, credit reference agencies, our                            carried out at and from the Location.
advisers and those involved in the claims handling process             Business        the office and working hours (including
(including assessors, investigators and other insurers), for           hours           overtime) during which you or your
the purposes of assisting us and them in providing relevant                            employees are at the Location for the
services and products, or for the purposes of recovery or                              purpose of your Business.
litigation. We may disclose personal information to people             Excess          the amount specified in the Policy
listed as co-insured on your policy and to family members                              Schedule, payable by you on each and
or agents authorised by you. Computer systems and support                              every claim arising out of one event under
services may be provided to us by related companies within                             that Section. If more than one excess is
the QBE Group that may be located overseas. We may also                                payable under this Policy for any claim or
disclose information to organisations which conduct customer                           series of claims arising from the one event,
service surveys on our behalf. We will request your consent                            such excesses will not be aggregated and
to any other purpose.                                                                  the highest single level of excess only will
                                                                                       apply.
By providing your personal information to us, you consent to
us making these disclosures. Without your personal information         Family          your spouse (legal or de facto), your or your
we may not be able to issue insurance cover to you or process                          spouse’s children, parents or grandparents
your claim.                                                                            who normally live in your home.
                                                                       Flood           the inundation of normally dry land by
You also have the opportunity to find out what personal information
                                                                                       water escaping from or released from the
we hold about you and, when necessary, correct any errors in
                                                                                       confines of any natural watercourse or
this information. Generally we will do this without restriction                        lake, whether modified or not, or from any
or charge. For further information about our Privacy Policy or                         reservoir, dam or canal.
to access or correct your personal information, please contact
                                                                       Indemnity       the cost necessary to replace, repair or
The Compliance Manager, QBE Insurance (Australia) Limited,
GPO Box 82 Sydney NSW 2001. Telephone: (02) 9375-4656                  Value           rebuild the insured property to a condition
or Email: compliance.manager@qbe.com                                                   substantially the same as but not better
                                                                                       nor more extensive than its condition at
                                                                                       the time of the loss or damage taking
The General Insurance Code of Practice                                                 into consideration its age, condition and
QBE Insurance (Australia) Limited is a signatory to the General                        remaining useful life.
Insurance Code of Practice. The Code aims to:                          Location        the place(s) listed in the Policy Schedule.
•	   promote more informed relations between insurers and              Money           cash, notes, negotiable instruments,
     their customers;                                                                  cheques, postal notes, post office money
                                                                                       orders, negotiable securities, stamps, credit
•	   improve consumer confidence in the general insurance                              card sales vouchers, telephone credit cards
     industry;                                                                         and/or franking machine credits.
•	   provide better mechanisms for the resolution of complaints        Our/we/us       QBE Insurance (Australia) Limited,
     and disputes between insurers and their customers; and                            ABN 78 003 191 035

•	   commit insurers and the professionals they rely upon to           Period of       the duration that this Policy is in force as
     higher standards of customer service.                             Insurance       specified in the Policy Schedule, or any
                                                                                       renewal period for which the appropriate
                                                                                       premiums are paid in each case.
Dispute resolution                                                     Policy          includes this Policy wording, the Policy
We will do everything possible to provide a quality service to                         Schedule and any endorsements issued
you. However, we recognise that occasionally there may be                              to you.
some aspect of our service or a decision we have made that             Policy          the most recent Schedule for your Policy
you wish to query or draw to our attention.                            Schedule        we have supplied.
                                                                       You, your       the insured(s) listed in the Policy Schedule.



                                                                                                                                       3
Property


Property                                                               2.7	 Property

                                                                       	   Property includes the Buildings, Contents and Stock that
                                                                           we have agreed to insure in this Section as shown in the
1. 	 What we insure
                                                                           Policy Schedule.
This Section insures loss or damage:
                                                                       2.8	 Records and documents
1.1	 to Property you have chosen to insure,
                                                                       	   Written, printed, filmed or taped records (including computer
1.2	 caused by any of the defined events listed in this Section            records), deeds, plans or drawings or documents of any
     (unless otherwise specified),                                         other type which are:
1.3	 during the Period of Insurance.                                       (a)	   used in the Business,

                                                                           (b)	 in a Building at the Location, and
2. 	 Definitions which apply to this section
                                                                           (c)	   are owned by you or are in your custody in the
2.1	 Breakage                                                                     ordinary course of the Business.
	    A fracture extending through the entire thickness of the          2.9	 Replacement cost
     External or Internal Glass.
                                                                           (a)	   the reasonable and necessary cost of rebuilding,
2.2	 Buildings                                                                    replacing or repairing any lost or damaged Buildings
	    The buildings and outbuildings at the Location which are                     or Contents to a condition substantially the same as
     owned by you or for which you are legally responsible                        but not better nor more extensive than their condition
     and includes:                                                                when new, or

     (a)	   fixtures, fittings and underground and overhead                (b)	 at our option, the actual reinstatement, replacement
            services, and                                                       or repair of the lost or damaged item.

     (b)	 walls, gates, fences and all other structural                2.10	Sea
          improvements at the Location.	                               	   Oceans, bays, ports or tidal waters.
2.3	 Capital additions                                                 2.11	Stock
	    Alterations and additions to Buildings, during the course         	   Goods owned by you or for which you are legally responsible,
     of their erection and which are commenced during the                  held for sale or repair in the normal course of the Business.
     Period of Insurance.
                                                                       2.12	Water
2.4	 Contents
                                                                       	   Includes snow, sleet or hail.
     (a)	   The contents used in the Business, and are owned
            by you, your directors, partners or employees or for
            which you are legally responsible, all whilst contained
            in the Buildings.

     (b)	 Contents does not include:

            (i)	    mechanically or electrically propelled vehicles
                    which are required under any legislation to be
                    registered or conditionally registered,

            (ii)	   caravans or trailers,

            (iii)	 watercraft or aircraft,

            (iv)	 Money, jewellery, furs, watches, precious or
                  semi-precious stones,

            (v)	    stock-in-trade or samples,

            (vi)	 pets, livestock or plants.

2.5	 External glass

	    External Glass means fixed glass in external windows,
     doors, showcases and skylights.

2.6	 Internal glass

	    Internal Glass means glass in internal partitions, windows
     and doors, refrigerating cabinets, glass in counters, shelving,
     interior showcases, fixed mirrors and other fixed internal
     glass, porcelain urinals, toilet pans and hand basins.




4
Property


3. 	 Defined events                                                Defined events                     What we will not pay for
We will cover the Property you have chosen to insure against
loss or damage caused by the defined events set out in the         3.5	   Wind and water              •	 Buildings in the course
table below.                                                              (continued)                    of construction or re-
                                                                                                         construction or property
 Defined events                   What we will not pay for                                               in them unless such
                                                                                                         Buildings are enclosed
 3.1	   Fire, lightning           Loss or damage to                                                      and under a roof with
                                  Property caused by any                                                 all outside doors and
                                  process involving the                                                  windows permanently in
                                  direct application of heat.                                            place.
                                  However if other Property
                                  is damaged or destroyed          3.6	   Impact Damage               Loss or damage
                                  by Fire we will pay for that            caused by:                  •	 caused to paths,
                                  ensuing damage to other                 •	 any vehicle or              driveways, or underground
                                  Property.                                  animal;                     services by vehicles;
                                                                          •	 television or radio      •	 resulting from tree lopping
 3.2	   Explosion or collapse     Damage to boilers,
                                                                             aerials, satellite          or tree felling by you or
        of boilers, economisers   economisers or pressure
                                                                             dishes or masts             by anyone acting with
        or pressure vessels or    vessels or their equipment
                                                                             which break or              your express or implied
        their equipment and       or contents other than
                                                                             collapse;                   consent;
        contents.                 where the item:
                                                                          •	 aircraft, aerial         •	 caused by animals kept on
                                  • is used solely for domestic
                                                                             devices, meteorites         the premises.
                                     purposes, or
                                                                             or space debris or
                                  • has a value of less than
                                                                             any part of it or from
                                     $200,000.
                                                                             any article falling
 3.3 	 Earthquake, tsunami,                                                  from them;
       subterranean fire or                                               •	 sonic boom; or
       volcanic eruption                                                  •	 a falling tree or
                                                                             branch of a tree.
 3.4 	 Escape of water            The costs or repairing or
       from any water tank,       replacing any defective          3.7	   Deliberate or intentional   Loss or damage caused by:
       pipe, gutter, drain, or    parts that caused the loss              acts of persons acting      •	 persons who live at the
       other water carrying       or damage.                              maliciously including          Location;
       apparatus installed at                                             acts committed in           •	 persons at the Location
       the Location.                                                      connection with theft or       with your consent;
                                                                          any attempt at theft.
 3.5	   Wind and water            Loss or damage caused by:                                           •	 tenants;
                                  •	 action by the sea, high                                          •	 the Defined Event 3.11
                                     water, storm surge or tidal                                         and Additional Benefit
                                     wave;                                                               5.12(c).
                                  •	 Flood;                        3.8 	 Riot or civil commotion
                                  •	 erosion, subsidence,                and acts of:
                                     landslide, mudslide,                •	 strikers or locked out
                                     shrinkage or an earth                  workers or persons
                                     movement other than                    taking part in labour
                                     earthquake;                            disturbances;
                                  •	 water seeping from                  •	 persons of malicious
                                     outside any Buildings;                 intent acting on
                                  •	 steam or condensation; or              behalf of or in
                                  •	 water entering into any                connection with any
                                     Buildings as a result                  political organisation;
                                     of structural defects,              •	 any lawfully
                                     faulty design or faulty                constituted authority
                                     workmanship.                           causing damage
                                  Loss or damage to:                        when acting in
                                  •	 Property in the open air               connection with any
                                     unless it forms part of                events insured by
                                     a permanent structure                  this clause.
                                     designed to function
                                                                   3.9	   Action of a civil
                                     without the protection of
                                                                          authority in attempting
                                     walls or roof;
                                                                          to prevent the spread
                                  •	 retaining walls, textile or
                                                                          of a fire.
                                     plastic awnings, outside
                                     blinds or signs;




                                                                                                                                    5
Property


 Defined events                   What we will not pay for            Defined events                   What we will not pay for

 3.10	 Accidental Breakage of     Breakage which:                     3.12	 Accidental loss or         	 the use of a combination,
       Internal Glass and/or      •	 occurs during installation,            damage to Money.             the details of which have
       External Glass.               removal or any                         (continued)                  been left at the Location
                                     maintenance, alteration or                                          outside Business Hours.
                                     repair being carried out to
                                     Internal or External Glass,
                                     or the framework or fittings
                                     of Internal or External
                                     Glass.
                                  Damage to:                          3.13	 Fraud or dishonesty.       Any loss which:
                                  •	 tubing or light fittings;        	     $1,000 for loss of         •	 is not discovered within 21
                                  •	 signs (except under                    Contents or Stock             days after it occurs;
                                     Additional Benefit 5.12.(e));          due to fraud or            •	 is committed by an
                                                                            dishonesty by any of          employee who is also a
                                  •	 Internal or External Glass
                                                                            your employees.               director or partner of the
                                     which was cracked or
                                                                                                          Business or a member of
                                     imperfect at the beginning
                                                                                                          your Family.
                                     of the Period of Insurance;
                                  •	 Internal or External Glass       3.14	 Accidental Damage.         Any loss or damage caused
                                     which has been used for a        	     Up to 10% of sum           by
                                     purpose for which it was               insured on Contents for    •	 the defined events 3.1 to
                                     not intended.                          unforeseen accidental         3.13; or
                                  Damage caused by:                         physical loss or           •	 circumstances expressed
                                                                            damage to the insured         in the Exclusions.
                                  •	 the application of artificial
                                                                            Contents.
                                     heat.

 3.11	 Theft or attempted         •	 Theft, fraud or dishonesty
       theft of Contents or          by any member of your           4.	 Basis of settlement
       Stock.                        Family, directors, or           4.1	 Buildings
 	     Up to the lesser of:          partners whether as a
                                     principal or accessory;              (a) 	 Loss or damage to buildings
      •	 20% of the sum
         insured for Contents;    •	 theft or attempted theft             	    We will pay the Replacement Cost for loss or damage
         or                          by an employee (except                    to the Buildings, provided that the work of repairing
      •	 $10,000;                    under the Defined Event                   or rebuilding:
                                     3.13);
      but only                                                                 (i)	    is carried out upon the same site, and
                                  •	 theft from any yard,
      •	 $2,000 for theft of
                                     garden or open space.                     (ii)	   as far as you can influence it, is commenced
         electronic equipment
                                                                                       within six months of the date on which the loss
         which occurs where
                                                                                       or damage occurred and must complete within
         there is no actual
                                                                                       a reasonable period of time.
         forcible and violent
         entry into or out of a                                           	    Otherwise we will pay the Indemnity Value for the
         building.                                                             loss or damage.

 3.12	 Accidental loss or         Loss or damage to Money                 	    The work of repairing or rebuilding may be carried
       damage to Money.           which:                                       out in any manner suitable to your requirements,
 	     Up to $1000, including     •	 is due to shortage                        provided there is no increase in cost to us.
       Money being carried           resulting from clerical or           (b) 	 Requirements of statutory authorities
       directly between the          accounting errors or errors
       Location shown in the         in receiving or paying out;          	    Providing your sum insured is not otherwise exhausted,
                                                                               we will also pay up to 10% of the sum insured
       Policy Schedule and        •	 is not discovered within
                                                                               on Buildings for the cost of complying with the
       your normal bank.             seven (7) working days
                                                                               requirements of any statutory authority in force at
                                     after the loss occurred;
                                                                               the date when the loss or damage to the Buildings
                                  •	 occurs while the Money
                                                                               occurs.
                                     is being carried by
                                     professional money                   	    However, if the cost of reinstatement of the Buildings is
                                     carriers, professional                    less than fifty percent (50%) of the cost of reinstating
                                     carriers or common                        the whole of the Buildings (if it had been completely
                                     carriers;                                 destroyed), the amount we will pay for the cost of
                                  •	 is stolen from any                        complying with the requirements of any statutory
                                     unattended vehicle;                       authority:
                                  •	 is stolen from a safe or                  (i)	    will not exceed the cost of complying with the
                                     strongroom which has                              statutory requirements that relate to the part
                                     been opened by a key or                           of the Buildings that is damaged; and


6
Property


            (ii)	   will not exceed, in any event, the amount which   5.7	 Fire extinguishment costs
                    we would have been required to pay if the
                                                                      	      Up to $5,000 for the cost of extinguishing any fire and
                    Buildings had been wholly destroyed.
                                                                             re-charging extinguishers used in extinguishing any fire
4.2	 Contents and stock                                                      at the Location.

	    We will pay for loss or damage to                                5.8	 Rewriting of records
                                                                      	      Up to $10,000 for the reasonable cost of restoring or re-
     (a)	   the Contents (other than Stock) you have chosen to
                                                                             creating Records and Documents destroyed as a result
            insure at their Replacement Cost;
                                                                             of a Defined Event.
     (b)	 the Stock you have insured at their Indemnity Value.
                                                                      5.9	 Outstanding debts
                                                                      	      Up to $10,000 to reimburse you for any outstanding
5.	 Additional benefits                                                      debts for work completed, which were owed to you at
In addition to the sum insured shown in the Policy Schedule                  the time the loss or damage occurred, and are now not
under this Section, we will pay:                                             recoverable because the necessary documentary evidence
                                                                             to substantiate the debts has been destroyed as a result
5.1 	 Architects, surveyors, legal and consulting engineers fees             of a Defined Event.
	    The fees of architects, surveyors, lawyers and consulting        5.10	Search and find
     engineers which are reasonably and necessarily incurred
                                                                      	      Up to $5,000 for exploratory costs reasonably incurred
     for the reinstatement or replacement of the Buildings.
                                                                             in locating the source of the damage water damage has
5.2	 Capital additions                                                       occurred in accordance with Defined Event 3.4.
	    Up to 10% of the sum insured on Buildings for loss or            5.11 Additional increased cost of working
     damage that occurs during the Period of Insurance to the         	      Up to $10,000 for the additional expenditure you reasonably
     construction work for any Capital Additions.                            incur within six months of any loss or damage arising out
5.3	 Temporary protection                                                    of a Defined Event for the purpose of minimising the effect
                                                                             of the loss or damage on the profitability of the Business.
	    Up to 5% of the sum insured on Buildings for the reasonable
     cost of temporary repairs to the Buildings as a direct result    5.12 Glass
     of a Defined Event to secure and safeguard the insured           	      Up to $1,000 or the amount specified in the Policy Schedule,
     Property from further loss.                                             whichever is the greater, for each benefit under clauses
                                                                             5.12.(a) to 5.12.(e) in the event of accidental Breakage of
5.4	 Replacement of locks
                                                                             Internal and/or External Glass (Defined Event 3.10):
	    Up to $1,000 for the cost of
                                                                             (a)	    the cost of temporary shuttering, boarding up or other
     •	     replacing key(s) or re-coding or replacing locks to                      security protection necessary, pending replacement
            which keys are stolen from the Location; or                              of the broken glass;

     •	     replacing any locks at the Location that are damaged             (b)	 damage to signwriting, ornamentation, reflective
            as a result of any Defined Event.                                     materials or burglar alarm tapes and connections,

	    This cover is limited to the cost of replacing keys or locks            (c)	    damage caused by external violence to window /
     of the similar type and quality.                                                door frames and tiled shop fronts,
                                                                             (d)	 damage or spoilage to Stock due to Breakage of
5.5	 Personal effects of directors, partners and employees
                                                                                  insured glass, and
	    Personal property of directors and employees of your
                                                                             (e)	    damage to electrically illuminated signs.
     business if:

     •	     t
             he personal property is used solely for business        6.	 The maximum amount we will pay
            purposes, and
                                                                      Unless we specifically agree to pay an amount in addition to
     •	     t
             he person to whom the personal effects belong is        the sum insured, we will not pay more than the sum insured
            not named as an Insured.                                  shown in the Policy Schedule.
	    Cover is limited to $2,000 any one person but if any
     person is entitled to indemnity under any other policy of        7.	 Excess
     insurance effected by him/her or by any person other than        We will not pay:
     you, this cover will only apply in respect of any amount
                                                                      (a)	   the excess(es) shown in the Policy Schedule for this
     in excess of that provided by such other policy. There is
                                                                             Section;
     no cover for you or any person named as the Insured on
     your Policy Schedule.                                            (b)	 the lesser of

5.6 	 Removal of debris                                                      (i)	    the first $20,000 of the loss or damage, and

	    Up to $5,000 or the amount specified in the Policy Schedule,            (ii)	   an amount equal to 1% of the total sum insured for
     whichever is the greater, for the cost of removal of debris                     this Section.
     following damage to the Property and required demolition         	      for loss or damage which occurs during any period of 48
     of undamaged Buildings as a direct result of a Defined                  consecutive hours as a result of earthquake, subterranean
     Event.                                                                  fire or volcanic eruption, or fire resulting from any of those
                                                                             events.


                                                                                                                                         7
Property


8.	 Conditions which apply to this section                                   (i)	   loss or damage which is caused by any person
                                                                                    deliberately switching off or disconnecting the power
8.1	 Co-insurance Condition
                                                                                    supply;
	    In the event of loss or damage to the insured property,
                                                                             (j)	   loss or damage to goods being carried on or falling
     we shall be liable for no greater proportion of the loss or
                                                                                    from any vehicles.
     damage than the sum insured at the Location bears to
     eighty percent (80%) of the value of the property insured          9.2	 We do not insure you for loss or damage caused by the
     at the commencement of the Period of Insurance (as if                   following:
     it had been totally destroyed), provided that our liability
     shall not exceed the sum insured stated against each                    (a)	   wear, tear, gradual deterioration, vermin or insect;
     item in the Policy Schedule.                                            (b)	 any process of cleaning, dyeing, repairing, restoring
	    This condition shall not apply if the amount of any loss                     or maintaining the insured Property;
     or damage does not exceed five percent (5%) of the total                (c)	   atmospheric moisture, rust, corrosion, oxidation,
     of the sums insured at the Location.                                           temperature, action of light, mildew, mould or rot;
8.2	 Theft Protection Condition                                              (d)	 mechanical, electrical or electronic failure or breakdown;
	    If this condition is shown in the Policy Schedule, we will              (e)	    faulty materials or workmanship or error in design
     not pay any amount under this Section unless the burglary                      or latent defect, but this exclusion applies only to
     alarm system installed in the Buildings is:                                    the part of the machine or structured unit of work
     (a)	   maintained in good condition and in working effectively                 which is directly damaged by the faulty materials or
                                                                                    workmanship or error in design or latent defect;
     (b)	 regularly tested in accordance with the manufacturer’s
          recommendations, and                                               (f)	   Flood, action of the sea, tidal wave, high water,
                                                                                    seepage, erosion, or other earth movement or normal
     (c)	   engaged and operational during the time that the                        structural movement;
            premises are closed for business and are not attended
            by you or any employees.                                         (g)	 spontaneous fermentation, heating or any process
                                                                                  involving the application of heat but this exclusion
                                                                                  only applies to the property which is undergoing the
9.	 Exclusions which apply to this section                                        spontaneous fermentation, heating or application of
                                                                                  heat.
9.1	 We do not insure you for the following types of loss or
     damage:                                                            9.3	 We do not insure you for loss or damage which is capable
                                                                             of being insured under any other Section of this Policy
     (a)	   scratching of painted or polished surfaces;
                                                                             (with the exception of the General Property Section)
     (b)	 loss or damage to plants, animals, fish or birds;                  whether that Section is selected or not.
     (c)	   unexplained or inventory shortage, clerical or accounting   9.4	 We do not insure you for any additional cost of complying
            error;                                                           with the requirements of any statutory authority with
                                                                             which you had been required to comply before the loss
     (d)	 damage to any electrical or electronic appliance
                                                                             or damage occurred.
          (including wiring) caused by electric current or electrical
          surge but this exclusion does not apply to any damage
          which is caused by a fire which results from any such
          damage;

     (e)	   loss, destruction or damage to information on any
            computer systems’ records:

            (i)	    due to the presence of magnetic flux, or

            (ii)	   while mounted in or on any machine for use
                    or processing unless it is caused by a Defined
                    Event insured by this Section, or

            (iii)	 caused by any computer virus;

     (f)	   loss or damage due to defects in any computer
            systems’ records;

     (g)	 consequential loss of any kind other than that
          specifically insured in this Section;

     (h)	 loss or damage which is caused by failure to maintain
          your property in a good state of repair and you knew
          or should have been reasonably aware of the need
          to rectify the problem which caused the loss or
          damage;




8
General Property


General Property                                                     	    The basis of settlement of any claim shall be the cost of
                                                                          reinstatement of the property destroyed or damaged at
                                                                          the time of such destruction or damage as follows;
1.	 What we insure
                                                                          (i)	    The work of replacing or repairing as the case may be,
Under this Section we insure the items described in the Policy                    must be commenced and carried out with reasonable
Schedule for loss or damage:                                                      despatch, failing which we shall pay the Indemnity
•	   in accordance with the Cover Option stated in the Policy                     Value for the loss or damage.
     Schedule;                                                            (ii)	   When any property to which this clause applies is
•	   occurring anywhere in Australia;                                             damaged or destroyed in part only, our liability shall
                                                                                  not exceed the sum specified in the Policy Schedule.
•	   during the Period of Insurance.
                                                                          (iii)	 No payment beyond the amount which would have
                                                                                 been payable under this Section shall be made until
2.	 Definitions which apply to this section                                      a sum equal to the cost of reinstatement shall have
“Market Value” means the retail value of property of a similar                   been actually incurred.
type, age and condition to the damaged or destroyed items:           4.2	 Market Value
•	   adjusted for any special features, and
                                                                     	    Where stock or customers’ goods are destroyed or damaged,
•	   having regard to used prices guides and any other relevant           we will, at our option:
     information.
                                                                          (a)	    pay the market value at the time of the loss or
                                                                                  damage;
3.	 Cover options                                                         (b)	 replace or repair the stock with property or materials
You may choose one of the two cover options to insure your                     of the same or similar standard and specification of
property.                                                                      the stock or customers’ goods at the time of loss or
                                                                               damage;
3.1	 Cover Option A - Fire, Theft, Collision and Other Expressed
     Perils                                                               (c)	    pay the cost of repair or replacement.
	    When this cover is stated in the Policy Schedule, we will
     insure the items described in the Policy Schedule under         5.	 The maximum amount we will pay
     this Section for loss or damage caused by:
                                                                     We will not pay more than the sum insured for any item you have
     (a)	   fire, lightning, explosion, malicious damage or          chosen to insure as shown in the Policy Schedule for that item.
            vandalism;

     (b)	 theft following forcible and violent entry which causes    6.	 Excess
          visible damage to a locked vehicle or building;
                                                                     You must pay any Excess which is shown in the Policy Schedule
     (c)	   theft of equipment securely attached to a vehicle        for this Section for each claim made under this Section.
            through use of locks or padlocks, which results in
            visible damage to the securing devices;
                                                                     7.	 Exclusions which apply to this section
     (d)	 collision or overturning of the conveying vehicle.
                                                                     7.1	 We will not pay for loss or damage directly or indirectly
3.2	 Accidental Damage (standard cover)                                   caused by:
	    We will insure the items described in the Policy Schedule            (a)	    mechanical, electronic or electrical breakdown or
     under this Section against any unforeseen accidental                         derangement unless it occurs as a consequence of
     physical damage, which includes all insured events provided                  any other loss or damage to the insured item;
     by Cover Option A.
                                                                          (b)	 cracking, scratching or breakage of glass or fragile
                                                                               items or surfaces unless it occurs as a consequence
4.	 Basis of settlement                                                        of any other loss or damage to the insured item;
	    Unless otherwise specified in the Policy Schedule, claims            (c)	    rust, oxidation, mildew, mould, moths, vermin, insects,
     will be settled on the basis of reinstatement and replacement                change of colour, or any process of heating, drying,
     and extra costs, as follows.                                                 cleaning, dyeing or alteration;
4.1	 Reinstatement and replacement                                        (d)	 the action of light or atmospheric conditions or
                                                                               gradually developing conditions, vibration, wear,
	    ‘Reinstatement and replacement’ shall mean:
                                                                               tear and/or depreciation;
     (a)	   where property (excluding stock or customers’ goods)
                                                                          (e)	    dishonesty by you or others to whom items insured
            is destroyed, the replacement thereof by similar
                                                                                  in this Section are delivered, entrusted, loaned or
            property; or
                                                                                  rented;
     (b)	 where property (excluding stock or customers’ goods) is
                                                                          (f)	    action of the sea, tidal wave, high water or Flood.
          damaged, the repair of the damage and the restoration
          of the damaged portion of the property.

	    In either case to a condition substantially equal to but not
     better or more extensive than its condition when new.


                                                                                                                                       9
General Property / Broadform Liability


7.2	 We will not pay for:
                                                                         Broadform Liability
     (a)	   any alteration, improvements or overhaul of any
            item, even if it occurs during repair or replacement
                                                                         1.	 Definitions
            following loss or damage to the item insured by this
            Section;                                                     Any word or expression which this section of the Policy defines
                                                                         as having a particular meaning will have the meaning everywhere
     (b)	 any consequential loss or damage;                              it appears in this Section.
     (c)	   theft of property left in the open air;                      1.1	 ‘Aircraft’ – any vessel, craft or thing made or intended to
     (d)	 theft from a building or vehicle unless:                            fly or move in or through the atmosphere or space.

            (i)	    the building or vehicle was securely locked,         1.2	 ‘Business’ – the business described in the Policy Schedule
                    and                                                       including the provision and management of canteens,
                                                                              social, sports and welfare organisations for the benefit
            (ii)	   the theft follows forcible and violent entry which        of Your employees, first aid, fire and ambulance services
                    is evidenced by visible damage to the building,           and the maintenance of Your premises.
                    vehicle or securing devices;
                                                                         1.3	 ‘You/your’ in this Section of the Policy –
     (e)	   loss or damage to Money;
                                                                              (a)	   the named insured specified in the Policy Schedule
     (f)	   loss or damage to documents, manuscripts, patterns,
            models, moulds, plans, designs, unless shown in the               (b)	 all your subsidiary companies (now or subsequently
            Policy Schedule;                                                       constituted) provided their places of incorporation
                                                                                   are within Australia or any Territory of Australia
     (g)	 loss, destruction or damage caused by or arising
          whilst the conveying vehicle is engaged in racing,                  (c)	   every director, executive officer, employee, partner
          pace making, reliability trials or speed testing or is                     or shareholder of yours or in a company designated
          conveying any load in excess of that for which it                          in paragraphs (a) or (b) but only whilst acting within
          was constructed.                                                           the scope of their duties in such capacity

                                                                              (d)	 every principal of yours, in respect of that principal’s
                                                                                   liability caused by the performance of work for that
                                                                                   principal, but subject always to the extent of coverage
                                                                                   and the Limit of Liability provided by this Policy.

                                                                              (e)	   every office bearer or member of social and sporting
                                                                                     clubs, canteen and welfare organisations and first aid,
                                                                                     fire and ambulance services formed with your consent
                                                                                     (but not an Insured designated in paragraph (d) or (f))
                                                                                     in respect of claims arising from their duties connected
                                                                                     with the activities of any such club, organisation or
                                                                                     service. This Insurance shall not apply to personal
                                                                                     injury to or property damage of any participants of
                                                                                     any game, match or the like
                                                                              (f)	   each partner, joint venturer, co-venturer or joint
                                                                                     lessee of yours but only:
                                                                                     (i)	    with respect to liability incurred as the partnership,
                                                                                             joint venture, co-venture, joint lease, and
                                                                                     (ii)	   provided the partnership, joint venture, co‑venture,
                                                                                             joint lease has been notified to us within 60
                                                                                             days of formation and has been endorsed on
                                                                                             the Policy Schedule
                                                                              (g)	 any director or senior executive of yours in respect
                                                                                   of private work undertaken by your employees for
                                                                                   such director or senior executive.
                                                                         	    You/Your does not include the interest of any other person
                                                                              other than as described in (a) to (g) above.

                                                                         1.4	 ‘Your Products’ – any goods, products and property after
                                                                              they have ceased to be in the possession or under your
                                                                              control, which are or is deemed to have been manufactured,
                                                                              grown, extracted, produced, processed, constructed,
                                                                              erected, installed, repaired, serviced, treated, sold, supplied
                                                                              or distributed by you (including any container thereof other
                                                                              than a vehicle).
                                                                         1.5	 ‘Limit of liability’ – the applicable Limit of liability specified
                                                                              in the Policy Schedule.



10
Broadform Liability


1.6	 ‘Medical persons’ – legally qualified medical practitioners,           (b)	 pay all expenses incurred by us, all costs taxed
     legally qualified nurses, dentists and first aid attendants.                against you in any such suit and all interest accruing
                                                                                 after entry of judgment until we have paid tendered
1.7	 ‘Occurrence’ – an event which results in personal injury or
                                                                                 or deposited in court such part of the judgment as
     property damage, neither expected nor intended from your
                                                                                 does not exceed the limit of our liability
     standpoint. All personal injury or property damage, arising
     out of continuous or repeated exposure to substantially                (c)	   reimburse you for all reasonable expenses, other
     the same general conditions shall be construed as arising                     than loss of earnings, incurred in connection with the
     out of one occurrence.                                                        defence of a claim or legal action with our consent

1.8	 ‘Personal injury’                                                      (d)	 pay reasonable expenses incurred by you for first aid
                                                                                 to others at the time of personal injury caused by an
     (a)	   bodily injury (and this expression includes death                    occurrence (other than medical expenses prohibited
            and illness), disability, shock, fright, mental anguish,             by Section 126 of the Health Insurance Act 1973).
            mental injury
                                                                       	    Provided that:
     (b)	 false arrest, wrongful detention, false imprisonment
                                                                            (e)	   we will not be obliged to pay any claim or judgment
          or malicious prosecution
                                                                                   or to defend any claim or legal action after the
     (c)	   wrongful entry or eviction                                             Limit of Liability has been exhausted by payment
                                                                                   of judgments or settlements
     (d)	 a publication or utterance of a libel or slander or
          other defamatory or disparaging material                          (f)	   if a payment exceeding the Limit of Liability has to
                                                                                   be made to dispose of a claim, our liability to pay
     (e)	   assault and battery not committed by you or at                         any costs, expenses and interest under clause 2.2
            your direction unless reasonably committed for the                     will be limited to that proportion of those costs,
            purpose of preventing or eliminating danger to person                  expenses and interest as the Limit of Liability bears
            or property.                                                           to the amount paid to dispose of the claim.
1.9	 ‘Pollutant’ – any solid, liquid, gaseous or thermal irritant or   	    The amount thus incurred, except payments in settlement
     contaminant, including but not limited to smoke, vapour,               of claims, suits and all costs awarded against you, are
     soot, fumes, acids, alkalis, chemicals and waste. Waste                payable by us in addition to the Limit of Liability.
     includes material to be recycled reconditioned or reclaimed.
                                                                       2.3	 Limit of Liability
1.10	‘Property damage’
                                                                            (a)	   Our maximum liability in respect of any claim or
     (a)	   physical damage to, loss or destruction of tangible                    any series of claims for personal injury or property
            property including any resulting loss of use of that                   damage caused by or arising out of one occurrence
            property, or                                                           shall not exceed the Limit of Liability.

     (b)	 loss of use of tangible property which has not been               (b)	 our total aggregate liability during any one period of
          physically damaged, lost or destroyed provided such                    insurance for all claims arising out of your products
          loss of use is caused by an occurrence.                                shall not exceed the Limit of Liability.

1.11	‘Vehicle’ – any type of machine on wheels or self laid tracks
     made or intended to be propelled by other than manual             3.	 Exclusions
     or animal power and any trailer or other attachment made          This Policy section does not cover liability in respect of:
     or intended to be drawn by any such machine.
                                                                       3.1	 Employment liability
1.12	‘Watercraft’ – any vessel, craft or thing made or intended
     to float on or in or travel on or through or under water.         	    Liability imposed

                                                                            (a)	   by any workers’ compensation law

2.	 Coverage                                                                (b)	 by the provision of any industrial award, agreement
2.1	 Liability                                                                   or determination or any contract of employment or
                                                                                 workplace agreement where such liability would not
	    We will pay to you or on your behalf all sums you become                    have been imposed in the absence of such industrial
     legally liable to pay by way of compensation in respect                     award, agreement or determination or contract of
     of personal injury or property damage happening during                      employment or workplace agreement, or
     the period of insurance and caused by an occurrence in
     connection with your business.                                         (c)	   for and in respect of employment practices

2.2	 Defence of claims                                                 	    Provided that if you are:

	    With respect to the indemnity provided by this Policy we               (d)	 required by law to insure or otherwise fund, whether
     will:                                                                       through self insurance, statutory fund or other statutory
                                                                                 scheme, all or part of any common law liability (whether
     (a)	   defend in your name and on your behalf any claim                     limited or not) for such personal injury, or
            or legal action against you seeking damages on
            account of personal injury or property damage, even             (e)	   not required to so insure or otherwise fund such
            if the action is groundless, false or fraudulent, we                   liability by reason only that the personal injury is to
            will investigate, negotiate and settle any claim or                    a person who is not a worker or employee for the
            legal action as we see fit                                             purposes of the relevant worker’s compensation
                                                                                   law or the personal injury is not an injury which is
                                                                                   subject to such law


                                                                                                                                       11
Broadform Liability


	    then this Policy will respond to the extent that your liability   3.6	 Aircraft, aircraft products and watercraft
     would not be covered under such fund, scheme, policy of
                                                                       	    claims arising out of
     insurance or self insurance arrangement had you complied
     with your obligations pursuant to such law.                            (a)	   the ownership, maintenance, operation or use by
                                                                                   you of:
3.2	 Property in custody or control
                                                                                   (i)	    any aircraft, or
	    property damage to:
                                                                                   (ii)	   any watercraft exceeding 8 metres in length,
     (a)	   property owned by or leased or rented to you, or
                                                                            (b)	 your products that are aircraft component parts
     (b)	 property in your physical or legal control.
                                                                                 used for maintaining an aircraft in flight or moving
	    but this exclusion does not apply to liability for property                 upon the ground or used in the construction of an
     damage to:                                                                  aircraft hull or machinery which to your knowledge
                                                                                 is incorporated in an aircraft.
     (c)	   premises (including landlord’s fixtures and fittings)
            which are leased or rented to you                          3.7	 Vehicles

     (d)	 premises (or their contents) not owned, leased or            	    personal injury or property damage arising out of the
          rented by you but temporarily occupied by you for                 ownership, possession, operation, maintenance or use
          work therein                                                      by you of any vehicle:

     (e)	   vehicles (not belonging to or used by or on your                (a)	   which is registered or which is required under any
            behalf) in your physical or legal control where the                    legislation to be registered, or
            property damage occurs while the vehicles are in a
                                                                            (b)	 in respect of which compulsory liability insurance
            car park owned or operated by you, unless you own
                                                                                 or statutory indemnity is required by virtue of any
            or operate the car park for reward
                                                                                 legislation (whether or not that insurance is effected).
     (f)	   the property of an employee of yours or of one of your
                                                                       	    Exclusions 3.7(a) to 3.7(b) do not apply to:
            subsidiary companies as designated in paragraphs
            1.3(a) or 1.3(b)                                                (c)	   personal injury where:
     (g)	 property (excluding any vehicle which is registered                      (i)	    that compulsory liability insurance or statutory
          or which is required under any legislation to be                                 indemnity does not provide indemnity and
          registered) in your physical or legal control for the
                                                                                   (ii)	   the reason or reasons why that compulsory
          purpose of repair, service, maintenance or alteration
                                                                                           liability insurance or statutory indemnity does
          or which is on temporary hire or loan to you, subject
                                                                                           not provide indemnity do not involve a breach
          to a maximum indemnity for any one occurrence of
                                                                                           by you of legislation relating to vehicles.
          $250,000 or the amount stated in the Policy Schedule.
3.3	 Product defect                                                         (d)	 property damage arising out of and during the loading
                                                                                 or unloading of goods to or from any vehicle.
	    for property damage to any products where such damage
     is directly caused by a fault or defect in such products; but          (e)	   property damage caused by or arising from the
     this exclusion shall be interpreted to apply with respect                     operation or use of any vehicle which is designed
     to damage to the specific part and only that part of such                     primarily for lifting, lowering, loading, unloading,
     product to which the damage is directly attributable.                         digging or drilling whilst being operated or used by
                                                                                   you or on your behalf within the confines of your
3.4	 Loss of use                                                                   premises.
	    loss of use of tangible property which has not been
                                                                            (f)	   property damage caused by the use of any tool
     physically injured, or lost or destroyed resulting from:
                                                                                   or plant forming part of or attached to or used in
     (a)	   a delay in or lack of performance by or on your behalf                 connection with any vehicle (excluding whilst the
            of any agreement:                                                      vehicle is travelling, transporting or carting goods)
                                                                                   at any work site.
     (b)	 the failure of your products to meet the level of
          performance, quality, fitness or durability expressly        3.8	 Contractual liability
          or impliedly warranted or represented by you, but
                                                                       	    any obligation assumed by you under any agreement
          this exclusion does not apply to the loss of use of
                                                                            except to the extent that:
          other tangible property resulting from the sudden and
          accidental physical damage to, loss or destruction of             (a)	   the liability would have been implied by law
          your products after they have been put to use by any
                                                                            (b)	 the liability arises from a provision in a contract
          person or organisation other than those designated
                                                                                 for lease of real or personal property other than a
          in paragraphs 1.3(a) or 1.3(b).
                                                                                 provision which obliges you to effect insurance or
3.5	 Product recall                                                              provide indemnity in respect of the subject matter
	    claims arising out of or resulting from the withdrawal,                     of that contract
     inspection, repair, replacement or loss or use of your                 (c)	   the liability is assumed by you under a warranty of
     products or of any property of which they form a part, if                     fitness or quality as regards to your products
     such products or property are withdrawn from the market
     or from use because of any known or suspected defect                   (d)	   the obligation is assumed under those agreements
     or deficiency in them.                                                        specified in the Policy Schedule.




12
Broadform Liability


3.9	 Professional liability                                            3.13	Exports to the USA or Canada
	    the rendering of or failure to render professional advice         	    claims in respect of personal injury and/or property damage
     or service by you or any related error or omission, but                caused by or arising out of your products knowingly
     this exclusion does not apply to:                                      exported by you, or your agents or servants, to the USA
                                                                            or Canada.
     (a)	   the rendering of or the failure to render professional
            medical advice by medical persons employed by              3.14	Asbestos
            you to provide first aid and other medical services        	    any actual or alleged liability whatsoever for any claim or
            on your premises, or                                            claims in respect of loss or losses directly or indirectly arising
     (b)	 personal injury or property damage arising therefrom              out of, resulting from, in consequence of, contributed to
          providing such professional advice or service is not              or aggravated by asbestos in whatever form or quantity.
          given for a fee.                                             3.15	Faulty workmanship
3.10	Defamation                                                        	    for the cost of performing, completing, correcting or
	    the publication or utterance of a defamatory matter:                   improving any work undertaken by you.

     (a)	   made prior to the commencement of the period of            3.16	Fines, Penalties
            insurance, or                                              	    Fines, penalties or liquidated damages.
     (b)	 made by or at your direction with knowledge of its           3.17	Punitive damages
          falsity, or
                                                                       	    punitive damages, exemplary damages, aggravated
     (c)	   related to advertising, broadcasting, or telecasting            damages and any additional damages resulting from the
            activities conducted by or on your behalf.                      multiplication of compensatory damages.
3.11	Pollution                                                         3.18	Assault and battery

     (a)	   personal injury or property damage caused by or arising    	    personal injury or property damage caused by or arising
            out of the discharge, dispersal, release or escape of           from assault and battery committed by you or at your
            pollutants into or upon land, the atmosphere, or any            direction unless reasonably necessary for the protection
            water course or body of water, but this exclusion               of persons or property.
            does not apply if the discharge, dispersal, release        3.19	Defect in design
            or escape is sudden, identifiable, unexpected and
            unintended and takes place in its entirety at a specific   	    any defective or deficient design or error in specification
            time and place                                                  or formula provided by you for a fee.
                                                                       3.20	Inefficacy of computers, computer software and computer
     (b)	 any costs and expenses incurred in the prevention,
                                                                            consulting
          removing, nullifying or clean-up of such contamination
          or pollution but this exclusion does not apply to clean-          (a)	   property damage to computer data, or any consequential
          up, removal or nullifying expenses only, which are                       loss resulting from such property damage, resulting
          consequent upon a sudden, identifiable, unexpected,                      from your use of any computer hardware and/ or
          unintended happening taking place in its entirety at                     software
          a specific time and place which results in personal               (b)	 any claims based upon or arising from any act, error,
          injury and/or property damage.                                         or omission in the provision of computer services
	    Our liability under clauses 3.11(a) and 3.11(b) in respect of               by you or on your behalf.
     any one discharge, dispersal, release, escape and for all         3.21	Treatment or dispensing
     discharges, dispersals, releases and escape of pollutants
     during any one period of insurance shall not exceed the           	    Except as provided for under Exclusion 3.9 above,
     Limit of Liability.                                                    (a)	   the treatment of humans or animals for any physical
3.12	Territorial limits                                                            or mental deficiency, injury, illness or disease, or
                                                                            (b)	 the dispensing of drugs, medicines, pharmaceuticals,
     (a)	   claims made and actions instituted within the United
                                                                                 supplies or artificial aids.
            States of America (USA) or Canada or any other
            territory coming within the jurisdiction of the courts     3.22	Child molestation
            of the USA or Canada                                       	    The molestation of or interference with a minor or minors by
     (b)	 claims and actions to which the laws of the USA or                (a)	   you or any person comprising you
          Canada apply
                                                                            (b)	 any of your employees, or
     provided that:
                                                                            (c)	   any person performing any voluntary work or service
     (c)	   this exclusion does not apply to claims and actions                    for you or on your behalf.
            arising from the presence outside Australia of any
                                                                       	    Further, we shall not have any duty to defend any action,
            person who is normally resident in Australia and
                                                                            suit or proceedings brought against you (or any other
            who is not undertaking manual work or supervision
                                                                            person or body corporate who might otherwise but for
            of work of any kind whilst in the USA or Canada
                                                                            the provisions of this clause be entitled to indemnity
     (d)	 the Limit of Liability in respect of coverage provided            under this policy) which either directly or vicariously
          under paragraph 3.12(c) is inclusive of all costs,                seeks compensation in respect of such molestation or
          expenses and interest as set out in clause 2.2 of                 interference as above or any personal injury resultant
          this Policy section.                                              therefrom.



                                                                                                                                          13
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Qbe Trade Pack PDS
Qbe Trade Pack PDS
Qbe Trade Pack PDS
Qbe Trade Pack PDS
Qbe Trade Pack PDS
Qbe Trade Pack PDS
Qbe Trade Pack PDS
Qbe Trade Pack PDS

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Qbe Trade Pack PDS

  • 1. qbe AUSTRALIA Trades Package Business Pack Insurance Policy QM207 This Policy is underwritten by QBE Insurance (Australia) Limited ABN 78 003 191 035, AFS Licence No. 239545 of 82 Pitt Street, Sydney
  • 2. TRADES PACKAGE POLICY Index Page Welcome to QBE Australia In this policy booklet you’ll find all the information you need Welcome to QBE Australia 1 to know about the type of cover(s) available, our terms and conditions, and making a claim. About QBE Australia 1 Please read this booklet and make sure that you are satisfied Important Information 2 with what we offer. Insurer 2 Unless we have already agreed to issue a cover note, insurance protection only begins when we receive and accept your completed Information about your Policy 2 application form and the premium. This booklet and the insurance schedule we send you form How Goods and Services Tax affects any your legal contract with us, so please keep them together in payments we make 2 a safe place. Duty of Disclosure – What you must tell us 2 Please do not hesitate to contact your broker or agent if you have any questions about this policy booklet or your insurance cover. Evidence of value 2 Our agreement 2 About QBE Australia Privacy 3 QBE Insurance (Australia) Limited is a member of the QBE Insurance Group (ASX: QBE). QBE Insurance Group is Australia’s The General Insurance Code of Practice 3 largest international general insurance and reinsurance group, and one of the top 25 insurers and reinsurers worldwide. The Dispute resolution 3 company has been operating in Australia since 1886 and General definitions applying to all sections continues to provide industry-leading insurance solutions that of this policy 3 are focused on the needs of intermediaries and their clients. QBE is a household name in Australian insurance, backed by sizeable assets, and well known as a strong and financially Sections secure organisation. Property 4 General Property 9 Broadform Liability 10 Tax Audit 28 Transit 30 Statutory Liability 31 Employment Practices 34 General Exclusions 37 General Conditions applicable to all sections 38 Claims 39 Date of preparation: 31 July 2009 Date effective: 31 July 2009 QM207-0709 1
  • 3. TRADES PACKAGE POLICY We will (where relevant) pay you on your claim by reference to the GST exclusive amount of any supply made by any business of yours which is relevant to your claim. Important Information GST, Input Tax Credit (ITC), Business Activity Statement (BAS) and Acquisition have the same meaning as given to those expressions in A New Tax System (Goods and Services Tax) Insurer Act 1999 and related legislation as amended from time to time. The Policy is underwritten by QBE Insurance (Australia) Limited, Taxable Percentage is your entitlement to an Input Tax Credit on ABN 78 003 191 035, AFS Licence No. 239545 of 82 Pitt your premium as a percentage of the total GST on that premium. Street, Sydney. Information about your Policy Duty of Disclosure – What you must tell us Under the Insurance Contracts Act 1984 (the Act), you have This is the Policy wording. It tells you a Duty of Disclosure. You are required before you enter into, • what the Policy covers, renew, vary, extend or reinstate your Policy, to tell us everything you know and that a reasonable person in the circumstances • what the Policy does not cover, could be expected to know, is a matter that is relevant to our • how to make a claim, decision whether to insure you, and anyone else to be insured under the Policy, and if so, on what terms. • what excesses apply, and • other terms and conditions. • You do not have to tell us about any matter Details of the insurance which are personal to you are shown – that diminishes the risk on the Schedule, which we send to you with the Policy wording. – that is of common knowledge The date when your insurance cover begins and ends is – that we know or should know in the ordinary course particularly important. of our business as an insurer, or Please read this Policy carefully and retain it in a safe place. – which we indicate we do not want to know. • If you do not tell us How Goods and Services Tax affects any payments we make If you do not comply with your Duty of Disclosure we may reduce or refuse to pay a claim or cancel your Policy. If The amount of premium payable by you for this Policy includes your non-disclosure is fraudulent we may also have the an amount on account of the GST on the premium. option of avoiding the contract from its beginning. When we pay a claim, your GST status will determine the amount we pay. Evidence of value When you are: Please retain receipts of purchase or proof of the value of all (a) not registered for GST, the amount we pay is the sum property insured by this Policy so that you can prove the amount insured/limit of liability or the other limits of insurance of any loss if you have to claim under this Policy. cover including GST. (b) registered for GST, we will pay the sum insured/limit of Our agreement liability or the other limits of insurance and where you This Policy is a legal contract between You and Us. You pay are liable to pay an amount for GST in respect of an Us the premium, and We provide You with the cover You have acquisition relevant to your claim (such as services to chosen as set out in the Policy Schedule, subject to the terms repair a Damaged item insured under the Policy) we will and conditions of the Policy. Cover is provided during the pay for the GST amount. Period of Insurance shown on Your Policy Schedule or any We will reduce the GST amount we pay for by the amount of renewal period. any input tax credits to which you are or would be entitled We will not pay any more than the sum insured or limit of liability if you made a relevant acquisition. In these circumstances, for each section which is shown in the Policy Schedule, unless the Input Tax Credit may be claimable through your Business stated otherwise in the Policy wording. Activity Statement (BAS). We will not pay the Excesses shown in the Policy wording or You must advise us of your correct Australian Business Number Policy Schedule. If any loss or damage or liability leads to a claim and Taxable Percentage. under more than one section of this Policy, You must pay the Any GST liability arising from your incorrect advice is payable highest applicable Excess, but You need pay only one Excess. by you. Where the settlement of your claim is less than the sum insured/ limit of liability or the other limits of insurance cover, we will only pay an amount for GST (less your entitlement for Input Tax Credit) applicable to the settlement. This means that if these amounts are not sufficient to cover your loss, we will only pay the GST relating to our settlement of the claim. 2
  • 4. General definitions Privacy We have a Complaints and Dispute Resolution Procedure which undertakes to provide an answer to your complaint within 15 Privacy legislation regulates the way private sector organisations working days. can collect, use, keep secure and disclose personal information. We are bound by the Privacy Act 1988 (Cth.), when collecting If you would like to make a complaint or access our internal and handling your personal information. QBE has developed a dispute resolution service please contact your nearest QBE privacy policy which explains what sort of personal information office and ask to speak to a dispute resolution specialist. we hold about you and what we do with it. We will only collect personal information from or about you General definitions applying to all for the purpose of assessing your application for insurance and administering your insurance policy, including any claims sections of this policy you make or claims made against you. We will only use and Wherever the words listed below are used in the Policy wording, disclose your personal information for a purpose you would they mean what is set out below. reasonably expect. Word or Term Meaning We may need to disclose personal information to our reinsurers Business your trade or occupation which is (who may be located overseas), insurance intermediaries, described in the Policy Schedule and is insurance reference bureaux, credit reference agencies, our carried out at and from the Location. advisers and those involved in the claims handling process Business the office and working hours (including (including assessors, investigators and other insurers), for hours overtime) during which you or your the purposes of assisting us and them in providing relevant employees are at the Location for the services and products, or for the purposes of recovery or purpose of your Business. litigation. We may disclose personal information to people Excess the amount specified in the Policy listed as co-insured on your policy and to family members Schedule, payable by you on each and or agents authorised by you. Computer systems and support every claim arising out of one event under services may be provided to us by related companies within that Section. If more than one excess is the QBE Group that may be located overseas. We may also payable under this Policy for any claim or disclose information to organisations which conduct customer series of claims arising from the one event, service surveys on our behalf. We will request your consent such excesses will not be aggregated and to any other purpose. the highest single level of excess only will apply. By providing your personal information to us, you consent to us making these disclosures. Without your personal information Family your spouse (legal or de facto), your or your we may not be able to issue insurance cover to you or process spouse’s children, parents or grandparents your claim. who normally live in your home. Flood the inundation of normally dry land by You also have the opportunity to find out what personal information water escaping from or released from the we hold about you and, when necessary, correct any errors in confines of any natural watercourse or this information. Generally we will do this without restriction lake, whether modified or not, or from any or charge. For further information about our Privacy Policy or reservoir, dam or canal. to access or correct your personal information, please contact Indemnity the cost necessary to replace, repair or The Compliance Manager, QBE Insurance (Australia) Limited, GPO Box 82 Sydney NSW 2001. Telephone: (02) 9375-4656 Value rebuild the insured property to a condition or Email: compliance.manager@qbe.com substantially the same as but not better nor more extensive than its condition at the time of the loss or damage taking The General Insurance Code of Practice into consideration its age, condition and QBE Insurance (Australia) Limited is a signatory to the General remaining useful life. Insurance Code of Practice. The Code aims to: Location the place(s) listed in the Policy Schedule. • promote more informed relations between insurers and Money cash, notes, negotiable instruments, their customers; cheques, postal notes, post office money orders, negotiable securities, stamps, credit • improve consumer confidence in the general insurance card sales vouchers, telephone credit cards industry; and/or franking machine credits. • provide better mechanisms for the resolution of complaints Our/we/us QBE Insurance (Australia) Limited, and disputes between insurers and their customers; and ABN 78 003 191 035 • commit insurers and the professionals they rely upon to Period of the duration that this Policy is in force as higher standards of customer service. Insurance specified in the Policy Schedule, or any renewal period for which the appropriate premiums are paid in each case. Dispute resolution Policy includes this Policy wording, the Policy We will do everything possible to provide a quality service to Schedule and any endorsements issued you. However, we recognise that occasionally there may be to you. some aspect of our service or a decision we have made that Policy the most recent Schedule for your Policy you wish to query or draw to our attention. Schedule we have supplied. You, your the insured(s) listed in the Policy Schedule. 3
  • 5. Property Property 2.7 Property Property includes the Buildings, Contents and Stock that we have agreed to insure in this Section as shown in the 1. What we insure Policy Schedule. This Section insures loss or damage: 2.8 Records and documents 1.1 to Property you have chosen to insure, Written, printed, filmed or taped records (including computer 1.2 caused by any of the defined events listed in this Section records), deeds, plans or drawings or documents of any (unless otherwise specified), other type which are: 1.3 during the Period of Insurance. (a) used in the Business, (b) in a Building at the Location, and 2. Definitions which apply to this section (c) are owned by you or are in your custody in the 2.1 Breakage ordinary course of the Business. A fracture extending through the entire thickness of the 2.9 Replacement cost External or Internal Glass. (a) the reasonable and necessary cost of rebuilding, 2.2 Buildings replacing or repairing any lost or damaged Buildings The buildings and outbuildings at the Location which are or Contents to a condition substantially the same as owned by you or for which you are legally responsible but not better nor more extensive than their condition and includes: when new, or (a) fixtures, fittings and underground and overhead (b) at our option, the actual reinstatement, replacement services, and or repair of the lost or damaged item. (b) walls, gates, fences and all other structural 2.10 Sea improvements at the Location. Oceans, bays, ports or tidal waters. 2.3 Capital additions 2.11 Stock Alterations and additions to Buildings, during the course Goods owned by you or for which you are legally responsible, of their erection and which are commenced during the held for sale or repair in the normal course of the Business. Period of Insurance. 2.12 Water 2.4 Contents Includes snow, sleet or hail. (a) The contents used in the Business, and are owned by you, your directors, partners or employees or for which you are legally responsible, all whilst contained in the Buildings. (b) Contents does not include: (i) mechanically or electrically propelled vehicles which are required under any legislation to be registered or conditionally registered, (ii) caravans or trailers, (iii) watercraft or aircraft, (iv) Money, jewellery, furs, watches, precious or semi-precious stones, (v) stock-in-trade or samples, (vi) pets, livestock or plants. 2.5 External glass External Glass means fixed glass in external windows, doors, showcases and skylights. 2.6 Internal glass Internal Glass means glass in internal partitions, windows and doors, refrigerating cabinets, glass in counters, shelving, interior showcases, fixed mirrors and other fixed internal glass, porcelain urinals, toilet pans and hand basins. 4
  • 6. Property 3. Defined events Defined events What we will not pay for We will cover the Property you have chosen to insure against loss or damage caused by the defined events set out in the 3.5 Wind and water • Buildings in the course table below. (continued) of construction or re- construction or property Defined events What we will not pay for in them unless such Buildings are enclosed 3.1 Fire, lightning Loss or damage to and under a roof with Property caused by any all outside doors and process involving the windows permanently in direct application of heat. place. However if other Property is damaged or destroyed 3.6 Impact Damage Loss or damage by Fire we will pay for that caused by: • caused to paths, ensuing damage to other • any vehicle or driveways, or underground Property. animal; services by vehicles; • television or radio • resulting from tree lopping 3.2 Explosion or collapse Damage to boilers, aerials, satellite or tree felling by you or of boilers, economisers economisers or pressure dishes or masts by anyone acting with or pressure vessels or vessels or their equipment which break or your express or implied their equipment and or contents other than collapse; consent; contents. where the item: • aircraft, aerial • caused by animals kept on • is used solely for domestic devices, meteorites the premises. purposes, or or space debris or • has a value of less than any part of it or from $200,000. any article falling 3.3 Earthquake, tsunami, from them; subterranean fire or • sonic boom; or volcanic eruption • a falling tree or branch of a tree. 3.4 Escape of water The costs or repairing or from any water tank, replacing any defective 3.7 Deliberate or intentional Loss or damage caused by: pipe, gutter, drain, or parts that caused the loss acts of persons acting • persons who live at the other water carrying or damage. maliciously including Location; apparatus installed at acts committed in • persons at the Location the Location. connection with theft or with your consent; any attempt at theft. 3.5 Wind and water Loss or damage caused by: • tenants; • action by the sea, high • the Defined Event 3.11 water, storm surge or tidal and Additional Benefit wave; 5.12(c). • Flood; 3.8 Riot or civil commotion • erosion, subsidence, and acts of: landslide, mudslide, • strikers or locked out shrinkage or an earth workers or persons movement other than taking part in labour earthquake; disturbances; • water seeping from • persons of malicious outside any Buildings; intent acting on • steam or condensation; or behalf of or in • water entering into any connection with any Buildings as a result political organisation; of structural defects, • any lawfully faulty design or faulty constituted authority workmanship. causing damage Loss or damage to: when acting in • Property in the open air connection with any unless it forms part of events insured by a permanent structure this clause. designed to function 3.9 Action of a civil without the protection of authority in attempting walls or roof; to prevent the spread • retaining walls, textile or of a fire. plastic awnings, outside blinds or signs; 5
  • 7. Property Defined events What we will not pay for Defined events What we will not pay for 3.10 Accidental Breakage of Breakage which: 3.12 Accidental loss or the use of a combination, Internal Glass and/or • occurs during installation, damage to Money. the details of which have External Glass. removal or any (continued) been left at the Location maintenance, alteration or outside Business Hours. repair being carried out to Internal or External Glass, or the framework or fittings of Internal or External Glass. Damage to: 3.13 Fraud or dishonesty. Any loss which: • tubing or light fittings; $1,000 for loss of • is not discovered within 21 • signs (except under Contents or Stock days after it occurs; Additional Benefit 5.12.(e)); due to fraud or • is committed by an dishonesty by any of employee who is also a • Internal or External Glass your employees. director or partner of the which was cracked or Business or a member of imperfect at the beginning your Family. of the Period of Insurance; • Internal or External Glass 3.14 Accidental Damage. Any loss or damage caused which has been used for a Up to 10% of sum by purpose for which it was insured on Contents for • the defined events 3.1 to not intended. unforeseen accidental 3.13; or Damage caused by: physical loss or • circumstances expressed damage to the insured in the Exclusions. • the application of artificial Contents. heat. 3.11 Theft or attempted • Theft, fraud or dishonesty theft of Contents or by any member of your 4. Basis of settlement Stock. Family, directors, or 4.1 Buildings Up to the lesser of: partners whether as a principal or accessory; (a) Loss or damage to buildings • 20% of the sum insured for Contents; • theft or attempted theft We will pay the Replacement Cost for loss or damage or by an employee (except to the Buildings, provided that the work of repairing • $10,000; under the Defined Event or rebuilding: 3.13); but only (i) is carried out upon the same site, and • theft from any yard, • $2,000 for theft of garden or open space. (ii) as far as you can influence it, is commenced electronic equipment within six months of the date on which the loss which occurs where or damage occurred and must complete within there is no actual a reasonable period of time. forcible and violent entry into or out of a Otherwise we will pay the Indemnity Value for the building. loss or damage. 3.12 Accidental loss or Loss or damage to Money The work of repairing or rebuilding may be carried damage to Money. which: out in any manner suitable to your requirements, Up to $1000, including • is due to shortage provided there is no increase in cost to us. Money being carried resulting from clerical or (b) Requirements of statutory authorities directly between the accounting errors or errors Location shown in the in receiving or paying out; Providing your sum insured is not otherwise exhausted, we will also pay up to 10% of the sum insured Policy Schedule and • is not discovered within on Buildings for the cost of complying with the your normal bank. seven (7) working days requirements of any statutory authority in force at after the loss occurred; the date when the loss or damage to the Buildings • occurs while the Money occurs. is being carried by professional money However, if the cost of reinstatement of the Buildings is carriers, professional less than fifty percent (50%) of the cost of reinstating carriers or common the whole of the Buildings (if it had been completely carriers; destroyed), the amount we will pay for the cost of • is stolen from any complying with the requirements of any statutory unattended vehicle; authority: • is stolen from a safe or (i) will not exceed the cost of complying with the strongroom which has statutory requirements that relate to the part been opened by a key or of the Buildings that is damaged; and 6
  • 8. Property (ii) will not exceed, in any event, the amount which 5.7 Fire extinguishment costs we would have been required to pay if the Up to $5,000 for the cost of extinguishing any fire and Buildings had been wholly destroyed. re-charging extinguishers used in extinguishing any fire 4.2 Contents and stock at the Location. We will pay for loss or damage to 5.8 Rewriting of records Up to $10,000 for the reasonable cost of restoring or re- (a) the Contents (other than Stock) you have chosen to creating Records and Documents destroyed as a result insure at their Replacement Cost; of a Defined Event. (b) the Stock you have insured at their Indemnity Value. 5.9 Outstanding debts Up to $10,000 to reimburse you for any outstanding 5. Additional benefits debts for work completed, which were owed to you at In addition to the sum insured shown in the Policy Schedule the time the loss or damage occurred, and are now not under this Section, we will pay: recoverable because the necessary documentary evidence to substantiate the debts has been destroyed as a result 5.1 Architects, surveyors, legal and consulting engineers fees of a Defined Event. The fees of architects, surveyors, lawyers and consulting 5.10 Search and find engineers which are reasonably and necessarily incurred Up to $5,000 for exploratory costs reasonably incurred for the reinstatement or replacement of the Buildings. in locating the source of the damage water damage has 5.2 Capital additions occurred in accordance with Defined Event 3.4. Up to 10% of the sum insured on Buildings for loss or 5.11 Additional increased cost of working damage that occurs during the Period of Insurance to the Up to $10,000 for the additional expenditure you reasonably construction work for any Capital Additions. incur within six months of any loss or damage arising out 5.3 Temporary protection of a Defined Event for the purpose of minimising the effect of the loss or damage on the profitability of the Business. Up to 5% of the sum insured on Buildings for the reasonable cost of temporary repairs to the Buildings as a direct result 5.12 Glass of a Defined Event to secure and safeguard the insured Up to $1,000 or the amount specified in the Policy Schedule, Property from further loss. whichever is the greater, for each benefit under clauses 5.12.(a) to 5.12.(e) in the event of accidental Breakage of 5.4 Replacement of locks Internal and/or External Glass (Defined Event 3.10): Up to $1,000 for the cost of (a) the cost of temporary shuttering, boarding up or other • replacing key(s) or re-coding or replacing locks to security protection necessary, pending replacement which keys are stolen from the Location; or of the broken glass; • replacing any locks at the Location that are damaged (b) damage to signwriting, ornamentation, reflective as a result of any Defined Event. materials or burglar alarm tapes and connections, This cover is limited to the cost of replacing keys or locks (c) damage caused by external violence to window / of the similar type and quality. door frames and tiled shop fronts, (d) damage or spoilage to Stock due to Breakage of 5.5 Personal effects of directors, partners and employees insured glass, and Personal property of directors and employees of your (e) damage to electrically illuminated signs. business if: • t he personal property is used solely for business 6. The maximum amount we will pay purposes, and Unless we specifically agree to pay an amount in addition to • t he person to whom the personal effects belong is the sum insured, we will not pay more than the sum insured not named as an Insured. shown in the Policy Schedule. Cover is limited to $2,000 any one person but if any person is entitled to indemnity under any other policy of 7. Excess insurance effected by him/her or by any person other than We will not pay: you, this cover will only apply in respect of any amount (a) the excess(es) shown in the Policy Schedule for this in excess of that provided by such other policy. There is Section; no cover for you or any person named as the Insured on your Policy Schedule. (b) the lesser of 5.6 Removal of debris (i) the first $20,000 of the loss or damage, and Up to $5,000 or the amount specified in the Policy Schedule, (ii) an amount equal to 1% of the total sum insured for whichever is the greater, for the cost of removal of debris this Section. following damage to the Property and required demolition for loss or damage which occurs during any period of 48 of undamaged Buildings as a direct result of a Defined consecutive hours as a result of earthquake, subterranean Event. fire or volcanic eruption, or fire resulting from any of those events. 7
  • 9. Property 8. Conditions which apply to this section (i) loss or damage which is caused by any person deliberately switching off or disconnecting the power 8.1 Co-insurance Condition supply; In the event of loss or damage to the insured property, (j) loss or damage to goods being carried on or falling we shall be liable for no greater proportion of the loss or from any vehicles. damage than the sum insured at the Location bears to eighty percent (80%) of the value of the property insured 9.2 We do not insure you for loss or damage caused by the at the commencement of the Period of Insurance (as if following: it had been totally destroyed), provided that our liability shall not exceed the sum insured stated against each (a) wear, tear, gradual deterioration, vermin or insect; item in the Policy Schedule. (b) any process of cleaning, dyeing, repairing, restoring This condition shall not apply if the amount of any loss or maintaining the insured Property; or damage does not exceed five percent (5%) of the total (c) atmospheric moisture, rust, corrosion, oxidation, of the sums insured at the Location. temperature, action of light, mildew, mould or rot; 8.2 Theft Protection Condition (d) mechanical, electrical or electronic failure or breakdown; If this condition is shown in the Policy Schedule, we will (e) faulty materials or workmanship or error in design not pay any amount under this Section unless the burglary or latent defect, but this exclusion applies only to alarm system installed in the Buildings is: the part of the machine or structured unit of work (a) maintained in good condition and in working effectively which is directly damaged by the faulty materials or workmanship or error in design or latent defect; (b) regularly tested in accordance with the manufacturer’s recommendations, and (f) Flood, action of the sea, tidal wave, high water, seepage, erosion, or other earth movement or normal (c) engaged and operational during the time that the structural movement; premises are closed for business and are not attended by you or any employees. (g) spontaneous fermentation, heating or any process involving the application of heat but this exclusion only applies to the property which is undergoing the 9. Exclusions which apply to this section spontaneous fermentation, heating or application of heat. 9.1 We do not insure you for the following types of loss or damage: 9.3 We do not insure you for loss or damage which is capable of being insured under any other Section of this Policy (a) scratching of painted or polished surfaces; (with the exception of the General Property Section) (b) loss or damage to plants, animals, fish or birds; whether that Section is selected or not. (c) unexplained or inventory shortage, clerical or accounting 9.4 We do not insure you for any additional cost of complying error; with the requirements of any statutory authority with which you had been required to comply before the loss (d) damage to any electrical or electronic appliance or damage occurred. (including wiring) caused by electric current or electrical surge but this exclusion does not apply to any damage which is caused by a fire which results from any such damage; (e) loss, destruction or damage to information on any computer systems’ records: (i) due to the presence of magnetic flux, or (ii) while mounted in or on any machine for use or processing unless it is caused by a Defined Event insured by this Section, or (iii) caused by any computer virus; (f) loss or damage due to defects in any computer systems’ records; (g) consequential loss of any kind other than that specifically insured in this Section; (h) loss or damage which is caused by failure to maintain your property in a good state of repair and you knew or should have been reasonably aware of the need to rectify the problem which caused the loss or damage; 8
  • 10. General Property General Property The basis of settlement of any claim shall be the cost of reinstatement of the property destroyed or damaged at the time of such destruction or damage as follows; 1. What we insure (i) The work of replacing or repairing as the case may be, Under this Section we insure the items described in the Policy must be commenced and carried out with reasonable Schedule for loss or damage: despatch, failing which we shall pay the Indemnity • in accordance with the Cover Option stated in the Policy Value for the loss or damage. Schedule; (ii) When any property to which this clause applies is • occurring anywhere in Australia; damaged or destroyed in part only, our liability shall not exceed the sum specified in the Policy Schedule. • during the Period of Insurance. (iii) No payment beyond the amount which would have been payable under this Section shall be made until 2. Definitions which apply to this section a sum equal to the cost of reinstatement shall have “Market Value” means the retail value of property of a similar been actually incurred. type, age and condition to the damaged or destroyed items: 4.2 Market Value • adjusted for any special features, and Where stock or customers’ goods are destroyed or damaged, • having regard to used prices guides and any other relevant we will, at our option: information. (a) pay the market value at the time of the loss or damage; 3. Cover options (b) replace or repair the stock with property or materials You may choose one of the two cover options to insure your of the same or similar standard and specification of property. the stock or customers’ goods at the time of loss or damage; 3.1 Cover Option A - Fire, Theft, Collision and Other Expressed Perils (c) pay the cost of repair or replacement. When this cover is stated in the Policy Schedule, we will insure the items described in the Policy Schedule under 5. The maximum amount we will pay this Section for loss or damage caused by: We will not pay more than the sum insured for any item you have (a) fire, lightning, explosion, malicious damage or chosen to insure as shown in the Policy Schedule for that item. vandalism; (b) theft following forcible and violent entry which causes 6. Excess visible damage to a locked vehicle or building; You must pay any Excess which is shown in the Policy Schedule (c) theft of equipment securely attached to a vehicle for this Section for each claim made under this Section. through use of locks or padlocks, which results in visible damage to the securing devices; 7. Exclusions which apply to this section (d) collision or overturning of the conveying vehicle. 7.1 We will not pay for loss or damage directly or indirectly 3.2 Accidental Damage (standard cover) caused by: We will insure the items described in the Policy Schedule (a) mechanical, electronic or electrical breakdown or under this Section against any unforeseen accidental derangement unless it occurs as a consequence of physical damage, which includes all insured events provided any other loss or damage to the insured item; by Cover Option A. (b) cracking, scratching or breakage of glass or fragile items or surfaces unless it occurs as a consequence 4. Basis of settlement of any other loss or damage to the insured item; Unless otherwise specified in the Policy Schedule, claims (c) rust, oxidation, mildew, mould, moths, vermin, insects, will be settled on the basis of reinstatement and replacement change of colour, or any process of heating, drying, and extra costs, as follows. cleaning, dyeing or alteration; 4.1 Reinstatement and replacement (d) the action of light or atmospheric conditions or gradually developing conditions, vibration, wear, ‘Reinstatement and replacement’ shall mean: tear and/or depreciation; (a) where property (excluding stock or customers’ goods) (e) dishonesty by you or others to whom items insured is destroyed, the replacement thereof by similar in this Section are delivered, entrusted, loaned or property; or rented; (b) where property (excluding stock or customers’ goods) is (f) action of the sea, tidal wave, high water or Flood. damaged, the repair of the damage and the restoration of the damaged portion of the property. In either case to a condition substantially equal to but not better or more extensive than its condition when new. 9
  • 11. General Property / Broadform Liability 7.2 We will not pay for: Broadform Liability (a) any alteration, improvements or overhaul of any item, even if it occurs during repair or replacement 1. Definitions following loss or damage to the item insured by this Section; Any word or expression which this section of the Policy defines as having a particular meaning will have the meaning everywhere (b) any consequential loss or damage; it appears in this Section. (c) theft of property left in the open air; 1.1 ‘Aircraft’ – any vessel, craft or thing made or intended to (d) theft from a building or vehicle unless: fly or move in or through the atmosphere or space. (i) the building or vehicle was securely locked, 1.2 ‘Business’ – the business described in the Policy Schedule and including the provision and management of canteens, social, sports and welfare organisations for the benefit (ii) the theft follows forcible and violent entry which of Your employees, first aid, fire and ambulance services is evidenced by visible damage to the building, and the maintenance of Your premises. vehicle or securing devices; 1.3 ‘You/your’ in this Section of the Policy – (e) loss or damage to Money; (a) the named insured specified in the Policy Schedule (f) loss or damage to documents, manuscripts, patterns, models, moulds, plans, designs, unless shown in the (b) all your subsidiary companies (now or subsequently Policy Schedule; constituted) provided their places of incorporation are within Australia or any Territory of Australia (g) loss, destruction or damage caused by or arising whilst the conveying vehicle is engaged in racing, (c) every director, executive officer, employee, partner pace making, reliability trials or speed testing or is or shareholder of yours or in a company designated conveying any load in excess of that for which it in paragraphs (a) or (b) but only whilst acting within was constructed. the scope of their duties in such capacity (d) every principal of yours, in respect of that principal’s liability caused by the performance of work for that principal, but subject always to the extent of coverage and the Limit of Liability provided by this Policy. (e) every office bearer or member of social and sporting clubs, canteen and welfare organisations and first aid, fire and ambulance services formed with your consent (but not an Insured designated in paragraph (d) or (f)) in respect of claims arising from their duties connected with the activities of any such club, organisation or service. This Insurance shall not apply to personal injury to or property damage of any participants of any game, match or the like (f) each partner, joint venturer, co-venturer or joint lessee of yours but only: (i) with respect to liability incurred as the partnership, joint venture, co-venture, joint lease, and (ii) provided the partnership, joint venture, co‑venture, joint lease has been notified to us within 60 days of formation and has been endorsed on the Policy Schedule (g) any director or senior executive of yours in respect of private work undertaken by your employees for such director or senior executive. You/Your does not include the interest of any other person other than as described in (a) to (g) above. 1.4 ‘Your Products’ – any goods, products and property after they have ceased to be in the possession or under your control, which are or is deemed to have been manufactured, grown, extracted, produced, processed, constructed, erected, installed, repaired, serviced, treated, sold, supplied or distributed by you (including any container thereof other than a vehicle). 1.5 ‘Limit of liability’ – the applicable Limit of liability specified in the Policy Schedule. 10
  • 12. Broadform Liability 1.6 ‘Medical persons’ – legally qualified medical practitioners, (b) pay all expenses incurred by us, all costs taxed legally qualified nurses, dentists and first aid attendants. against you in any such suit and all interest accruing after entry of judgment until we have paid tendered 1.7 ‘Occurrence’ – an event which results in personal injury or or deposited in court such part of the judgment as property damage, neither expected nor intended from your does not exceed the limit of our liability standpoint. All personal injury or property damage, arising out of continuous or repeated exposure to substantially (c) reimburse you for all reasonable expenses, other the same general conditions shall be construed as arising than loss of earnings, incurred in connection with the out of one occurrence. defence of a claim or legal action with our consent 1.8 ‘Personal injury’ (d) pay reasonable expenses incurred by you for first aid to others at the time of personal injury caused by an (a) bodily injury (and this expression includes death occurrence (other than medical expenses prohibited and illness), disability, shock, fright, mental anguish, by Section 126 of the Health Insurance Act 1973). mental injury Provided that: (b) false arrest, wrongful detention, false imprisonment (e) we will not be obliged to pay any claim or judgment or malicious prosecution or to defend any claim or legal action after the (c) wrongful entry or eviction Limit of Liability has been exhausted by payment of judgments or settlements (d) a publication or utterance of a libel or slander or other defamatory or disparaging material (f) if a payment exceeding the Limit of Liability has to be made to dispose of a claim, our liability to pay (e) assault and battery not committed by you or at any costs, expenses and interest under clause 2.2 your direction unless reasonably committed for the will be limited to that proportion of those costs, purpose of preventing or eliminating danger to person expenses and interest as the Limit of Liability bears or property. to the amount paid to dispose of the claim. 1.9 ‘Pollutant’ – any solid, liquid, gaseous or thermal irritant or The amount thus incurred, except payments in settlement contaminant, including but not limited to smoke, vapour, of claims, suits and all costs awarded against you, are soot, fumes, acids, alkalis, chemicals and waste. Waste payable by us in addition to the Limit of Liability. includes material to be recycled reconditioned or reclaimed. 2.3 Limit of Liability 1.10 ‘Property damage’ (a) Our maximum liability in respect of any claim or (a) physical damage to, loss or destruction of tangible any series of claims for personal injury or property property including any resulting loss of use of that damage caused by or arising out of one occurrence property, or shall not exceed the Limit of Liability. (b) loss of use of tangible property which has not been (b) our total aggregate liability during any one period of physically damaged, lost or destroyed provided such insurance for all claims arising out of your products loss of use is caused by an occurrence. shall not exceed the Limit of Liability. 1.11 ‘Vehicle’ – any type of machine on wheels or self laid tracks made or intended to be propelled by other than manual 3. Exclusions or animal power and any trailer or other attachment made This Policy section does not cover liability in respect of: or intended to be drawn by any such machine. 3.1 Employment liability 1.12 ‘Watercraft’ – any vessel, craft or thing made or intended to float on or in or travel on or through or under water. Liability imposed (a) by any workers’ compensation law 2. Coverage (b) by the provision of any industrial award, agreement 2.1 Liability or determination or any contract of employment or workplace agreement where such liability would not We will pay to you or on your behalf all sums you become have been imposed in the absence of such industrial legally liable to pay by way of compensation in respect award, agreement or determination or contract of of personal injury or property damage happening during employment or workplace agreement, or the period of insurance and caused by an occurrence in connection with your business. (c) for and in respect of employment practices 2.2 Defence of claims Provided that if you are: With respect to the indemnity provided by this Policy we (d) required by law to insure or otherwise fund, whether will: through self insurance, statutory fund or other statutory scheme, all or part of any common law liability (whether (a) defend in your name and on your behalf any claim limited or not) for such personal injury, or or legal action against you seeking damages on account of personal injury or property damage, even (e) not required to so insure or otherwise fund such if the action is groundless, false or fraudulent, we liability by reason only that the personal injury is to will investigate, negotiate and settle any claim or a person who is not a worker or employee for the legal action as we see fit purposes of the relevant worker’s compensation law or the personal injury is not an injury which is subject to such law 11
  • 13. Broadform Liability then this Policy will respond to the extent that your liability 3.6 Aircraft, aircraft products and watercraft would not be covered under such fund, scheme, policy of claims arising out of insurance or self insurance arrangement had you complied with your obligations pursuant to such law. (a) the ownership, maintenance, operation or use by you of: 3.2 Property in custody or control (i) any aircraft, or property damage to: (ii) any watercraft exceeding 8 metres in length, (a) property owned by or leased or rented to you, or (b) your products that are aircraft component parts (b) property in your physical or legal control. used for maintaining an aircraft in flight or moving but this exclusion does not apply to liability for property upon the ground or used in the construction of an damage to: aircraft hull or machinery which to your knowledge is incorporated in an aircraft. (c) premises (including landlord’s fixtures and fittings) which are leased or rented to you 3.7 Vehicles (d) premises (or their contents) not owned, leased or personal injury or property damage arising out of the rented by you but temporarily occupied by you for ownership, possession, operation, maintenance or use work therein by you of any vehicle: (e) vehicles (not belonging to or used by or on your (a) which is registered or which is required under any behalf) in your physical or legal control where the legislation to be registered, or property damage occurs while the vehicles are in a (b) in respect of which compulsory liability insurance car park owned or operated by you, unless you own or statutory indemnity is required by virtue of any or operate the car park for reward legislation (whether or not that insurance is effected). (f) the property of an employee of yours or of one of your Exclusions 3.7(a) to 3.7(b) do not apply to: subsidiary companies as designated in paragraphs 1.3(a) or 1.3(b) (c) personal injury where: (g) property (excluding any vehicle which is registered (i) that compulsory liability insurance or statutory or which is required under any legislation to be indemnity does not provide indemnity and registered) in your physical or legal control for the (ii) the reason or reasons why that compulsory purpose of repair, service, maintenance or alteration liability insurance or statutory indemnity does or which is on temporary hire or loan to you, subject not provide indemnity do not involve a breach to a maximum indemnity for any one occurrence of by you of legislation relating to vehicles. $250,000 or the amount stated in the Policy Schedule. 3.3 Product defect (d) property damage arising out of and during the loading or unloading of goods to or from any vehicle. for property damage to any products where such damage is directly caused by a fault or defect in such products; but (e) property damage caused by or arising from the this exclusion shall be interpreted to apply with respect operation or use of any vehicle which is designed to damage to the specific part and only that part of such primarily for lifting, lowering, loading, unloading, product to which the damage is directly attributable. digging or drilling whilst being operated or used by you or on your behalf within the confines of your 3.4 Loss of use premises. loss of use of tangible property which has not been (f) property damage caused by the use of any tool physically injured, or lost or destroyed resulting from: or plant forming part of or attached to or used in (a) a delay in or lack of performance by or on your behalf connection with any vehicle (excluding whilst the of any agreement: vehicle is travelling, transporting or carting goods) at any work site. (b) the failure of your products to meet the level of performance, quality, fitness or durability expressly 3.8 Contractual liability or impliedly warranted or represented by you, but any obligation assumed by you under any agreement this exclusion does not apply to the loss of use of except to the extent that: other tangible property resulting from the sudden and accidental physical damage to, loss or destruction of (a) the liability would have been implied by law your products after they have been put to use by any (b) the liability arises from a provision in a contract person or organisation other than those designated for lease of real or personal property other than a in paragraphs 1.3(a) or 1.3(b). provision which obliges you to effect insurance or 3.5 Product recall provide indemnity in respect of the subject matter claims arising out of or resulting from the withdrawal, of that contract inspection, repair, replacement or loss or use of your (c) the liability is assumed by you under a warranty of products or of any property of which they form a part, if fitness or quality as regards to your products such products or property are withdrawn from the market or from use because of any known or suspected defect (d) the obligation is assumed under those agreements or deficiency in them. specified in the Policy Schedule. 12
  • 14. Broadform Liability 3.9 Professional liability 3.13 Exports to the USA or Canada the rendering of or failure to render professional advice claims in respect of personal injury and/or property damage or service by you or any related error or omission, but caused by or arising out of your products knowingly this exclusion does not apply to: exported by you, or your agents or servants, to the USA or Canada. (a) the rendering of or the failure to render professional medical advice by medical persons employed by 3.14 Asbestos you to provide first aid and other medical services any actual or alleged liability whatsoever for any claim or on your premises, or claims in respect of loss or losses directly or indirectly arising (b) personal injury or property damage arising therefrom out of, resulting from, in consequence of, contributed to providing such professional advice or service is not or aggravated by asbestos in whatever form or quantity. given for a fee. 3.15 Faulty workmanship 3.10 Defamation for the cost of performing, completing, correcting or the publication or utterance of a defamatory matter: improving any work undertaken by you. (a) made prior to the commencement of the period of 3.16 Fines, Penalties insurance, or Fines, penalties or liquidated damages. (b) made by or at your direction with knowledge of its 3.17 Punitive damages falsity, or punitive damages, exemplary damages, aggravated (c) related to advertising, broadcasting, or telecasting damages and any additional damages resulting from the activities conducted by or on your behalf. multiplication of compensatory damages. 3.11 Pollution 3.18 Assault and battery (a) personal injury or property damage caused by or arising personal injury or property damage caused by or arising out of the discharge, dispersal, release or escape of from assault and battery committed by you or at your pollutants into or upon land, the atmosphere, or any direction unless reasonably necessary for the protection water course or body of water, but this exclusion of persons or property. does not apply if the discharge, dispersal, release 3.19 Defect in design or escape is sudden, identifiable, unexpected and unintended and takes place in its entirety at a specific any defective or deficient design or error in specification time and place or formula provided by you for a fee. 3.20 Inefficacy of computers, computer software and computer (b) any costs and expenses incurred in the prevention, consulting removing, nullifying or clean-up of such contamination or pollution but this exclusion does not apply to clean- (a) property damage to computer data, or any consequential up, removal or nullifying expenses only, which are loss resulting from such property damage, resulting consequent upon a sudden, identifiable, unexpected, from your use of any computer hardware and/ or unintended happening taking place in its entirety at software a specific time and place which results in personal (b) any claims based upon or arising from any act, error, injury and/or property damage. or omission in the provision of computer services Our liability under clauses 3.11(a) and 3.11(b) in respect of by you or on your behalf. any one discharge, dispersal, release, escape and for all 3.21 Treatment or dispensing discharges, dispersals, releases and escape of pollutants during any one period of insurance shall not exceed the Except as provided for under Exclusion 3.9 above, Limit of Liability. (a) the treatment of humans or animals for any physical 3.12 Territorial limits or mental deficiency, injury, illness or disease, or (b) the dispensing of drugs, medicines, pharmaceuticals, (a) claims made and actions instituted within the United supplies or artificial aids. States of America (USA) or Canada or any other territory coming within the jurisdiction of the courts 3.22 Child molestation of the USA or Canada The molestation of or interference with a minor or minors by (b) claims and actions to which the laws of the USA or (a) you or any person comprising you Canada apply (b) any of your employees, or provided that: (c) any person performing any voluntary work or service (c) this exclusion does not apply to claims and actions for you or on your behalf. arising from the presence outside Australia of any Further, we shall not have any duty to defend any action, person who is normally resident in Australia and suit or proceedings brought against you (or any other who is not undertaking manual work or supervision person or body corporate who might otherwise but for of work of any kind whilst in the USA or Canada the provisions of this clause be entitled to indemnity (d) the Limit of Liability in respect of coverage provided under this policy) which either directly or vicariously under paragraph 3.12(c) is inclusive of all costs, seeks compensation in respect of such molestation or expenses and interest as set out in clause 2.2 of interference as above or any personal injury resultant this Policy section. therefrom. 13