Page 148 - 進出口貿易與押匯實務疑難問題解析-肆篇

136 進出口貿易與押匯實務疑難問題解析 (肆篇)

者外，不得以推定全損請求賠償。

共同海損條款 (General Average Clause)
9. General average and Salvage Charges payable according to Foreign

Statement or to York-Antwerp Rules if in accordance with the contract of
affreightment.

共同海損及施救費用，得按照外國理算書理賠，如運送契約規定依
照約安規則理算時，亦得依照其規定辦理。

承認適航能力條款 (Seaworthiness Admitted)
10.The seaworthiness of the vessel as between the Assured and Underwriter

is hereby admitted.
In the event of loss the Assured′s right of recovery hereunder shall not be

prejudiced by the fact that the loss may have been attributable to the
wrongful act or misconduct of the shipowners or their servants,

committed without the privity of the Assured.

對於承運船舶之適航能力，在保險人與被保險人之間約定不予爭

執。損失發生時其原因可歸責船舶所有人，或其雇用人之過失或不當行
為，而為被保險人所不知情者，被保險人對本保險之求償權益不受影

響。

受託人條款 (Bailee Clause)

11.It is the duty of the Assured and their Agents, in all cases, to take such
measure as may be reasonable for the purpose of averting or minimising a
loss and to ensure that all rights against carriers, bailees or other third

parties are properly preserved and exercised.