LAUDO DEL TRIBUNAL AD HOC DEL MERCOSUR EN LA CONTROVERSIA SOBRE RESTRICCIONES DE ACCESO AL MERCADO ARGENTINO DE
IV. Temas de interés tratados en el Laudo 5 y su aclaratoria Introducción
This cover section does not cover:
1. Missing Money
loss of or damage to Money:
a) due to shortages resulting from clerical or
accounting errors, or loss due to errors in receiving or paying out;
b) by any intentional or wilful act or omission by You or Your Employees with Your connivance other than as covered by additional benefit 4 ‘Employee dishonesty’ under this cover section; or
c) by any fraudulent or dishonest acts committed by You, Your Family members or any of Your Employees acting alone or in collusion with others other than as covered by the additional benefit 4 ‘Employee dishonesty’ under this cover section.
2. Key or combination in Building
loss of Money from any Safe or Strongroom opened by a key or by use of details of a combination that are left on the Premises outside Business Hours.
3. Unattended
loss of or damage to Money in or from an unattended vehicle that is not locked.
4. Loss outside the Commonwealth of Australia
loss of or damage to Money occurring outside the Commonwealth of Australia except as provided under additional benefit 9 ‘Traveller’s Money’.
5. Consequential Loss
loss of use, loss of earning capacity and any other Consequential Loss.
6. ATMs
loss of or damage to Money that does not belong to You in or from an Automatic Teller Machine.
CONDITION APPLICABLE TO THIS COVER SECTION
Reinstatement
If We pay an amount for a claim under this cover section We will automatically reinstate the Sum Insured to the amount shown in the Policy Schedule. You will not have to pay any additional premium.
INTRODUCTION
This cover section covers breakage of Glass at the Premises.
DEFINITIONS APPLICABLE TO THIS COVER SECTION
The following words have the following meanings for this cover section only.
External Glass: means Glass or plastic material used as Glass fixed in external windows, doors, showcases or skylights forming part of the building, and any ceramic tiled shop fronts.
Glass: means External Glass, Internal Glass and Specified Glass.
Internal Glass: means:
a) Glass, or plastic material used as Glass in internal partitions, windows and doors, Glass in counters, Glass forming shelves and/or stock restraints, interior showcases, fixed mirrors and other fixed internal Glass including ceramic vitreous china urinals, toilet pans and hand basins; and
b) frames of showcases, display cabinets and counters containing the broken Glass in the building.
Specified Glass: means Glass specifically designated in the Policy Schedule under ‘Specified Glass’.
YOUR INSURANCE UNDER THIS COVER SECTION
Provided the Glass cover section is shown as insured in the Policy Schedule, then subject to the provisions of the Policy We will insure You for Breakage of Glass that is shown as insured in the Policy Schedule which You own or for which You are legally responsible, occurring during the Period of Insurance at the Premises.
WHAT WE PAY
We will pay for the cost of replacement of the broken Glass with Glass of similar manufacture and quality including the reasonable costs for after-hours service by repairers, express delivery and overtime charges to repair or replace the broken Glass. We will also pay the extra cost necessarily incurred to comply with the minimum requirements of any statutory authority when replacing the broken Glass.
EXCESS
The Excess payable for this cover section is shown in the Policy Schedule and applies to each and every claim made under this cover section.
EXTRA COVERS
If We agree to pay a claim under this cover section for Breakage of Glass, We will also pay for the extra covers set out below.
1. Costs
We will pay for the following costs provided they are reasonably incurred by You and are directly related to damage to Glass that is covered under this cover section:
a) the cost of temporary shuttering necessary to secure otherwise exposed stock or contents pending replacement of the broken Glass; b) the costs incurred in replacing sign-writing,
ornamentation, reflective materials and burglar alarm tapes and connections attached to the broken Glass;
c) the cost incurred in repairing or replacing damage to window, door or showcase frames and their fittings.
We will not cover You for the cost of repairing or replacing bars, grilles or shutters.
Our liability under this extra cover during any one Period of Insurance is limited to:
a) $10,000; or
b) the Sum Insured for ‘Costs’, whichever is the greater.
2. Destruction of Contents or Stock
We will pay for destruction of, or damage to Your Contents or Stock, caused by broken Glass following the Breakage of Glass where such Breakage constitutes an admissible claim under this cover section.
Our liability under this extra cover during any one Period of Insurance is limited to:
a) the cost value (excluding profit of any kind) of Your Stock or Contents destroyed or damaged, less any amount realised from the sale or salvage; or b) the sum of $8,000 or the Sum Insured for
‘Destruction of Contents or Stock’ (whichever is the greater),
whichever is the lesser.
3. Rewards
We will pay the reasonable cost of any reward paid by You for information which leads to the apprehension and conviction of person(s) responsible for any loss or damage which is insured under this cover section.
GLASS COVER SECTION
Provided that We will pay no more than up to $5,000 for any one Event.
Provided further that any cover given under this extra cover shall not accumulate with any similar cover that may be given under extra covers in the Business Property cover section.
ADDITIONAL BENEFITS
Subject to the provisions of the Policy, We will also provide the following additional benefits in this cover section.
Any amount payable under these additional benefits applies in addition to the Sum Insured.
1. Malicious damage
We will pay for the cost of replacement of External Glass which has suffered malicious damage, during the Period of Insurance. This additional benefit is payable even where there is no Breakage of External Glass.
2. Signs
We will pay for the cost of replacement or repair for loss of or damage to signs at the Premises occurring during the Period of Insurance.
Provided that We will not pay more than: a) $8,000; or
b) the Sum Insured for ‘Signs’;
whichever is the greater, for any one Event.
EXCLUSIONS APPLICABLE TO THIS COVER SECTION
This cover section does not cover damage to Glass: a) when in transit or whilst being fitted into position
or removed from its fitting; b) forming part of Stock; c) in light fittings;
d) that is cracked or imperfect prior to Breakage; e) that is not fit for the purpose intended; or f) that is in a glasshouse, conservatory or the like,
television, computer screen or any domestic item such as a vase, chinaware or Glass in a photo frame.
INTRODUCTION
This cover section only forms part of Your Policy when the Public and Products Liability cover section is shown as insured in the Policy Schedule.
DEFINITIONS APPLICABLE TO THIS COVER SECTION
The following words have the following meanings in this