This is to certify that in accordance with the authorisation granted
under Contract Number RT 960699 to the Undersigned by certain Underwriters at
Lloyd's and other Insurers in the London market, whose names and proportions
written by them, which will be supplied on application, can be ascertained by
reference to the said Contract which bears the seal of Lloyd's Policy Signing
Office, and in consideration of the premium, the said Underwriters are hereby
bound, each for his own part and not for one another, their Heirs, Executors and
Administrators, to insure the person(s) named for the indemnity set out herein,
subject to the Terms, Definitions, Conditions and Exclusions as specified.
Each Underwriter's liability under this certificate shall not exceed that
percentage of risk shown against the Underwriter's name. Certain Underwriters at Lloyd's...................... 60%
Copenhagen Reinsurance Co (UK) Limited............... 20%
CNA International Reinsurance Co Ltd................. 20%
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TOTAL................................................100%
1. PRODUCT(S)
The Product(s) shall mean:-
(1.a) A Personal Computer as defined on the
Proposal Document with a purchase price not exceeding 6,000 pounds sterling
exclusive of VAT (per Personal Computer), subject to registration.
Any
internal Personal Computer hardware (except replacement or additional
processor(s)) added to the Insured Product(s) will be insured from inception of
cover provided that its Purchase Price added to the Purchase Price of the
Personal Computer does not exceed 6,000 pounds sterling exclusive of VAT and
subject to prior notification to the Administrators in writing of such
addition(s). Registered upgrades will be covered as per Certificate subject to
upgrade Registration and the Issuance of Schedule Endorsement.
or
(1.b)
An item of Peripheral Equipment with an Purchase Price not exceeding 2,000
pounds sterling exclusive of VAT.
2. ELECTRICAL OR MECHANICAL FAILURE
An Electrical or Mechanical Failure shall mean:- (1) a sudden and unforeseen failure other than from an accidental external cause of an Insured Part or Component or (2) a defect in manufacture which results in the inability of the Product(s) to perform its normal intended function.
3. PURCHASE PRICE
The Purchase Price shall mean the current replacement price of the Product as at inception of this Insurance.
4. MAXIMUM INDEMNITY
The Maximum Indemnity in respect of any one claim shall be the Purchase Price of the Product(s).
5. THE ADMINISTRATOR
The Administrator is Computacare International Limited of Greenview House, Manor Road, Wallington, Surrey SM6 0BN. Telephone: 0181 286 6606 Facsimile: 0181 773 3420
The Underwriters shall NOT be liable for:-
Intentional Act
1. Loss or damage caused by:-Wear and Tear
(1.a) The intentional act or wilful neglect of the Assured.
(1.b.i) intentional overloading of the Product(s).
(1.b.ii) experiments involving the imposition of any abnormal conditions on the Product(s).
(1.c) The use of the equipment outside the manufacturer's stated Duty Cycle.
2. The cost of remedying or making good or loss solely due to:-Guarantees of Performance
(2.a) wear and tear, gradual deterioration or rust.
(2.b) gradually developing defects, cracks, flaws or fractures.
(2.c) scratching or chipping of painted or polished surfaces.
3. Penalties for delay or detention or in connection with guarantees of performance or efficiency.Consequential Loss
4. Loss of use of the Product(s) or any other consequential loss.Error and Faults
Data Carrying Materials and Reinstatement of Data 5. Loss or damage to data carrying material or the cost of reinstating data thereon.
6. Rectification of faults arising from errors, omissions or defects in any application or systems software.Territorial Limits, Operator Error etc.
7. Loss or damage:Routine Maintenance etc.
(7.a) Arising outside of the U K Mainland or Northern Ireland.
(7.b) Due to failure to follow the Manufacturer's instructions regarding the set up, operation, cleaning and routine maintenance of the Insured Product(s).
(7.c) Resulting from operator error or incorrect adjustment of manual controls or from the incorrect fitting of any additional hardware either by the Assured or any other person.
(7.d) Resulting from the use of any additional hardware not designed for use in conjunction with the Insured Product(s) including but not limited to the development of or the use of prototypes of any kind.
(7.e) Resulting from the incorrect or faulty application or cessation or variation of the power supply.
8. The cost of:Fraud and Non Disclosure
(8.a) Any repairs carried out other than by the Administrator's approved Repairers or as otherwise previously approved in writing by the Administrator.
(8.b) Routine servicing including but not limited to cleaning or overhaul of read/write heads or tape paths, or any loss or damage arising therefrom.
(8.c) Repairs, replacement or adjustment or consumable items including but not limited to external fuses, cassettes, cartridges, pens, print heads, ribbons, disks (other than internal fixed disks) and batteries.
(8.d) Any repairs which do not affect the operational function of the Insured Product(s) including but not limited to handles, cabinets, plastic or metal trim, badges and insignia.
(8.e) Any repair or replacement necessitated by manufacturing or design defects for which the Manufacturer assumes responsibility including but not limited to costs incurred following published recall notices.
(8.f) Laser printers have certain items which have a requirement to be changed at certain intervals and are therefore not covered including but not limited to Toner Cartridges, Fuser Units and Drums.
(8.g) All items considered by the original manufacturer as being a "Consumable Item".
(8.h) LCD and other screens as used with Laptop or Portable computers unless otherwise stated in the Schedule of Insurance.
(8.i) Phosphor and burn-in.
(8.j) Accessories including but not limited to mice, joysticks and external loudspeakers.
9. Any claim whatsoever where there has been fraud, non disclosure, mis-statement, or any attempt thereat by the Assured or any party acting on their behalf.Fire Exclusions
10. Loss or damage caused by or arising from fire, lightning, explosion, earthquake, flood, inundation, storm, tempest, escape of water from water containing apparatus, aircraft or other aerial devices or articles dropped therefrom, theft or any attempt thereat or any other extraneous cause.War Risks
11. Any consequence of war, invasion, acts of foreign enemies, hostilities (whether war be declared or not), civil war, rebellion, revolution, insurrection, military or usurped power, confiscation, or nationalisation or requisition or destruction of or damage to property by or under the order of any government or public or local authority.Terrorist Acts
12.Nuclear Risks.
(12.a) Any consequence of civil commotion assuming the proportion of or amounting to a popular rising, martial law or the act of any lawfully constituted authority.
(12.b) Loss or destruction of or damage to any property in Northern Ireland or loss resulting therefrom caused by or happening through or in consequence of:-
(12.b.i) civil commotion
(12.b.ii) any unlawful, wanton or malicious act committed maliciously by a person or persons acting on behalf of or in connection with any unlawful association.
Note: 'Unlawful association' means any organisation which is engaged in terrorism and includes an organisation which at any relevant time is a proscribed organisation within the meaning of the Northern Ireland (Emergency Provisions) Act 1973.
Note: 'Terrorism' means the use of violence for political ends and includes any use of violence for the purpose of putting the public or any section of the public in fear.
In any action, suit or other proceedings where the Underwriters allege that by reason of the provisions of this exclusion any loss, destruction or damage is not covered by this insurance the burden of proving that such loss, destruction or damage is covered shall be upon the Assured.
(13.a) Loss or destruction of or damage to any property whatsoever or any loss or expense whatsoever resulting or arising therefrom or any consequential loss.Sonic Bang.
(13.b) Any legal liability of whatsoever nature, directly or indirectly caused by or contributed to by or arising from:-
(13.b.i) ionising radiations or contamination by radioactivity from any nuclear fuel or from any nuclear waste from the combustion of nuclear fuel;
(13.b.ii) the radioactive, toxic, explosive or other hazardous properties of any explosive nuclear assembly or nuclear component thereof.
14. Loss, destruction or damage directly occasioned by pressure waves caused by aircraft or other aerial devices travelling at sonic or supersonic speeds.
Claims Notifications and Requirements
1. On the discovery of any event which may give rise to a claim the Assured should contact The Administrator on 0181 286 6606 giving their name and certificate number.Claims Settlements
Once the Administrator has verified the details of the insurance cover he will arrange for a repairer to attend at the premises as specified in the Schedule of Insurance. Wherever possible the repairer will be on site within the number of working hours of the reported failure as specified on the Schedule of Insurance.
As faults cannot be fully diagnosed over the telephone, all claims will be assessed on the repairer's report. In view of this, the Administrator may request that a claim form be completed prior to the claim being processed.
Please note that should the repairer's report state that either no fault was found or the fault found is not covered by this insurance then the cost of repair (including parts and labour) will be the responsibility of the Assured.
2.Other Insurances
(2.a) The Underwriters may, at their option, repair, reinstate or replace or pay money for any loss or damage covered by this Insurance.
(2.b) The Underwriters shall be entitled, at their discretion, and in the name of the Assured, to take over, defend or settle any claim.
(2.c) The Underwriters reserve the right to request the Assured, where appropriate, to pay the VAT element of any claim.
3. This Insurance does not cover any damage, which at the time of the happening of such damage is insured by or would, but for the existence of this Insurance, be insured by any other Policy or Policies, except in respect of any excess beyond the amount which would have been payable under such other Policy or Policies had this Insurance not been effected.Alteration or Modification
4. The Assured shall notify the Underwriters of any proposed alterations or modifications to the insured Product(s) and of any proposed departure from normal working conditions.Subrogation
5. The Underwriters may, at any time, at their expense, use all legal means, in the name of the Assured, for securing reimbursement for loss or damage, and the Assured shall give all reasonable assistance for the purpose.Suspension of Cover
6. The Underwriters reserve the right at any time by written notice to the Assured to suspend the insurance of any Product until the requirements of the Underwriters shall have been fulfilled. In the event of the Insurance being suspended, there shall be no refund of premium.Cancellation
7. The Underwriters may cancel this Insurance by sending ten days' notice by registered letter to the Assured at his last known address, in the event of:-Arbitration
(7.a) failing to perform or being in breach of any obligation under this Certificate.
(7.b) becoming the subject of bankruptcy sequestration or any winding up procedure.
In the event the Insurance is cancelled by the Assured there shall be no refund of premium.
8. If any difference shall arise as to the amount to be paid under this Insurance (liability being otherwise admitted) such difference shall be referred to an arbitrator to be appointed by the parties in accordance with the statutory provisions in that behalf for the time being in force. Where any difference is by this condition to be referred to arbitration, the making of an Award shall be a condition precedent to any right of action against the Underwriters.Observance
9. The due observance and fulfilment of the terms and conditions contained in this Insurance or endorsed hereon, in so far as they relate to anything to be done or complied with by the Assured, and the truth of the statements and answers in the proposal, shall be conditions precedent to any liability of the Underwriters to make any payment under this insurance.Average
10. In the event any Product(s) shall, at the time of any breakdown to such Product(s), be of greater value than the Purchase Price as defined then the Assured, shall be considered his own Insurer for the difference and shall bear a rateable proportion of the loss or damage accordingly.Obsolescence
11. In the event of any breakdown for which liability is admitted under this Insurance, the Underwriters liability for the cost of any part damaged or destroyed, including those parts no longer manufactured or available shall not exceed the Manufacturer's latest published list price for such part.Software Requirements
12. The Assured shall ensure that all software used shall be compatible with the Insured Product(s) and shall be either:
(12.a) purchased and licensed from a reputable software house
or
(12.b) written by the Assured or by the Assured's staff under the direction of the Assured.
If any difference should arise between the Assured and the Administrator as to the liability of the Underwriters under this Insurance or as to the amount to be paid in the event of a claim the Administrator will refer the matter directly to the Underwriters. In the event of the Assured not being satisfied with the Underwriters' decision, short of legal action, the Assured can approach either of the following and ask that they review the case:i) The Consumer Enquiries Department
Lloyd's of Londonii) The Insurance Ombudsman's Bureau
1 Lime Street
London EC3M 7HA
City Gate One
135 Park Street
London SE1 9EA