InsuredBay.com special cover for eBay sales shipping
InsuredBay Policy no: 100/11
Maximum Limit: 5,000.00 USD
Important: This policy is effective only for the current specific insured product setout in the Confirmation of insurance sent to you by Email ("The Goods"). The coverage will come into effect only upon payment and receipt of the required premium set out in the Confirmation. (The Confirmation of insurance sent to you by Email ("the Confirmation") and the documents attached thereof together with this Policy herewith "The Policy")
Risks Covered:
The Policy covers the Goods sold through eBay and as set out above, against loss or damage from any external cause to and from the United States, Canada ,Europe, Great Britain, Australia, New Zealand and China, including domestic shipments, but excluding any shipments to and from or within the countries set out below. The Underwriters shall pay the Insured the declared value of the Goods, however in the event that there is an invoice, Underwriters shall pay the eBay selling value of the Goods and the shipping and handling as setout on eBay which shall be considered as the Declared Value of the Goods.
This policy is extended to cover used goods, goods sent for repair and returned goods subject to external visible damage to the packing. Warranted new goods be packed in original packing, or otherwise subject to the original or trade standard packing.
Items excluded from cover:
Accounts, bills, bullion, computer chips, currency, deeds, evidence of debt, money, notes, securities, perishable, tickets, similar property unless endorsed herewith in writing.
The restricted countries list:
China- for domestic shipments only.
Afghanistan, Algeria,Angola,
Bangladesh, Barbados, Benin, Bermuda,
Bolivia, Brazil,British Virgin Islands, Bulgaria
Burkina Faso, Burma/Myanmar , Burundi
Cambodia, Cameroon, Cayman Island ,Cpe Verde,
Central African Republic, Chad, Congo
Cuba, Djibouti, Dominican Republic,
Ecuador, Ethiopia, Gabon,
Ghana, Guinea, Guatemala, India - for domestic shipments only ,
Indonesia, Iran, Iraq,
Jordan, Kenya, Liberia,
Libya, Malaysia, Mali,
Mauritania, Mexico, Morocco
Myanmar/Burma Niger Nigeria
North Korea, Oman, Pakistan,
Papua/New Guinea, Poland, Romania,
Russia, Rwanda, Senegal,
Seychelles, Sierra Leone ,Slovenia,
Solomon Islands, Somalia, Sudan,
Syria, Tanzania, Togo,
Tunisia, Uganda, Uruguay,
Venezuela, West Indies, Yemen.
Carrier Clause:
This policy only covers Goods with tracking numbers and which are sent through carriers that use tracking numbers internet system for the customers use.
Exclusions:
This insurance does not cover any loss or damage (including expenses), arising from or related to:
(a) Non-arrival of the Parcel or its contents which is addressed wrapped or packed insufficiently, incorrectly or contrary to the carrier's packaging requirements; or bears a descriptive label or packaging which tends to describe nature of contents.
(b) Customs regulations, confiscation by order of any government or public authority or risks of contraband or illegal transportation of trade.
(c) Nuclear reaction, radiation, or radioactive contamination regardless of how it was caused.
(d) Infidelity, dishonesty, or any intentional act on the part of the Insured, of the associate in interest, and/or of any of the Insured’s employees, whether occurring during hours of employment or otherwise, nor on the part of custodians (common carriers excepted)
(e) Loss of market, latent defect, inherent vice, delay, loss of use, clean up costs, decay, changes in temperature or humidity, or other deterioration, any remote or consequential loss, whether or not arising out of a peril insured against.
(f) Delivering the product to someone who obtains it by a trick, false pretense, or other fraudulent schemes.
(g) Loss or damage due to moth, vermin, wear, tear and gradual
deterioration
(j) mechanical, electrical or electronic derangement unless there is evidence
of external damage to the insured item or its packing.
Conditions:
Warranted that all Goods covered hereunder should be shipped strictly in accordance with the carrier's instructions and amendments thereof.
Liability of the Underwriters shall not exceed their rated proportion with regard to any other insurance of the Insured Parcel or to the carrier’s liability. In such case, coverage hereunder shall be for the excess of aforementioned sums.
The Underwriters shall not be liable for any loss or damage to property covered by other valid and collectible insurance nor for carrier's liability. Coverage shall be for EXCESS of aforementioned.
Average Pairs and Sets Clause:
When any insured Goods consists of articles in pair or set, the underwriters shall not pay more than the value of any particular part or parts which may be lost without reference to any special value which such article or articles may have as part of such pair or set, not more than a proportional part (of the insured value) of such pair or set.
Claims:
Warranted that the Insured shall file a notice of loss/damage of the Goods to the carrier within 30 days of the said loss/damage date and to the Underwriters within 60 days of the date of the loss/damage of the Goods. No claim will be covered and paid if the notice thereof will be filed after 60 days of the date of the loss or damage.
There is a twenty one (21) day waiting period from date of shipment of the Goods before the Insured may file a notice of non-delivery of theGoods shipped domestic in USA.
The Insured will have one (1) year from the date of shipment of the Goods to provide any required documentation and/or additional documentation as set out below which have been requested by the Underwriters -from the Insured to substantiate the said claim. Failure to provide the required and/or additional documentation within one (1) year from the shipping date will result in rejection of the claim:
- Carrier’s confirmation regarding the loss or damage of the Goods;
- Photos of the lost or damaged Goods;
- Correspondence regarding the loss or damage of the Goods between the Seller and the Buyer which was made on eBay or Paypal.
- Proof of payment of the loss or damage of the Goods by the Seller.
The claim will be submitted through the InsureBay website and shall be handled through the website. All damaged Goods shall be returned, upon request to the Underwriters, and any failure to keep the damaged Goods until the claim has been settled will result in the rejection of the claim.
Any covered loss will be promptly paid to the Insured or his Assignee after notice of loss or damage and required documentation has been received and approved by Underwriters in accordance with the terms and conditions of this Policy, unless the Goods are replaced, at the option of Underwriters, with like kind, function and quality. In the event that the Goods are located/found after payment of the claim by the Underwriters for said loss, then the Insured has the alternative of :
1. Reserves the Goods and reimburse the Underwriters through Globit Marine
Insurance (2003) Ltd. (“Globit”) of the amount which was paid to him on the
account of his claim.
2. Return the Goods to the Underwriters through Globit Marine Insurance
(2003) Ltd. for its sole discretion to sell the Goods or otherwise.
Globit reserves the right of cancellation of the Policy at any time within 24 hours of the notice of cancellation which will be delivered by e-mail setout by the Insured upon his registration on the Insured Bay site. Such cancellation shall not effect any insurance of Goods already came into force.
Upon payment of the claim by the Underwriters, the Underwriters shall be subrogated to all of the Insured's rights and the Insured agrees to assist the Underwriters in every possible manner to recover their loss thereof.
In case this insurance is issued not according to the terms and conditions of the policy, the insurance will be considered void and cancelled and the premium thereof, if already paid, will be returned to the Insured.
It is the duty of the Insured to take all such measures as may be reasonable for the purpose of averting or minimizing a loss or damage to the Goods, recoverable hereunder.
The Insurer reserves the right to amend the terms of the policy but such option shall not apply to Goods which are already insured under the Policy .
Arbitration:
1. Any dispute which may arise between the Insured and the Underwriters
from the Policy with regard to the insurance of the Goods under the Policy
provided by the shall be brought exclusively to a binding arbitration, which is
the online dispute resolution program provided by the International Center
for Dispute Resolution – "ICDR").
2. The dispute will be reviewed and eximend by a trained and expert
arbitrator within the field of Marine Insurance, who will make his/her
decision within 30 days from the date of its apointment bu ICDR ("the
arbitrator").
3. The Arbitrator's decision will be solely based on documents submitted by the
Insured and the Underwriters to him and no hearings will t be taken.
4. Documents and arguments supporting any dispute will only be those which
where submitted under and in accordance with the Claim Procedure ("CP")
setout in the Policy . The Arbitrator will not be authorized to examine and
take into account with regard to its decision new arguments or new
documents which have not been so submitted.
5. The Arbitrator's decision will become final and is not appealable.
6. The Arbitrator will not be empowered to issue injunctions.The maximum
award of the Arbitrator is limited to the declared value of the Goods and
the delivery expenses thereof.
7. The Arbitrator will be bound by, and the scope of his decision will be limited
to the Policy terms & conditions and exlusions.
8. The customs and the usages of the Marine insurance as well as the
applicable law which shall be the law of the New York State shall apply
to this Policy.
9. All proceedings will be held and articulated in the English language.
10. The Arbitration shall take place within the state of N.Y (city) US.
11. Cost of the ICDR will be shared by the Insured and Globit equally.
All notices will be sent by/to the parties by Email.
end of policy
Terms and Conditions
1. Acceptance of These Terms
www.insuredbay.com is an internet facility enabling cargo/shipping insurance of products purchased via the web.
By accessing, visiting and/or using www.insuredbay.com or any other webpage thereon ('Website') any person so doing (hereafter, 'User') unequivocally and unreservedly expresses his or her binding agreement to any and all of These Terms of use hereunder (hereafter, 'These Terms'), and undertakes to fully comply therewith. Any and all activity on, with and/or via Website shall be governed by These Terms, subject to clause 10 hereunder. These Terms exclusively constitute the only valid and binding agreement between User and Globit Marine Insurance (2003) Ltd. and/or InsuredBay Web Services Ltd. (hereafter, 'The Company'), and likewise contain any and all such warranties, agreements and undertakings made by either party to the other.
Without prejudice to the above, User acknowledges and accepts that The Company is fully entitled at all times to amend, add to and/or revoke any and all of These Terms, at its sole discretion, without giving User any notice thereof. Any such amendment, addition or revocation shall become fully effective upon being posted on Website.
2. User's Warranties and Undertakings
2.1 User warranties are as follows:
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User has full legal capacity to enter into legally binding agreements and declares he is of legal age and competence to accept and execute the conditions under these terms of use.
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User is not legally prohibited from using Website, and is legally free to do so without any particular legal restriction or limitation.
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User's use of website is wholly and entirely lawful under the laws of [?], as well as under all applicable laws in the jurisdiction from which User communicates with Website (where different).
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Any and all information provided by User is true, accurate, complete and up-to-date.
2.1 User undertakes –
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to regularly review These Terms for any amendment or other alteration;
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to indemnify, defend and hold harmless The Company, as well as any and all of its subsidiaries, agents, employees and/or officers, against or from any liabilities, obligations, claims, debts, expenses etc., in any way connected with any use of Website made by User, including in particular (but not limited thereto), any breach of These Terms and/or violation of any law whatsoever (such as, for example, any violation or infringement of any third party rights);
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to commence proceedings for any claim against The Company, and/or any or all of its subsidiaries, agents, employees and/or officers, no longer than twelve months after the relevant alleged cause of action is said to have accrued, or its existence has become known to User; User waives his right to bring any such claim thereafter, and shall be debarred from doing so;
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not to use, copy, purportedly sell, duplicate, reproduce, transmit, distribute, display, etc. , in any way whatsoever, any of the material, information, text, graphics, sound, trademarks, logos, etc. on Website, including any material, information, text, graphics, sound, etc. (hereafter, 'Website Material'), without the express, prior written consent of The Company Should User make any hard copy of any Website Material for personal purposes, it shall retain thereon all copyright and other proprietary notices;
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not to send any messages or other information to Website, using any program or other automated system, at a rate higher than that possible for a person using a common web browsing program – except where User is engaged in the operation of a public search engine; sends such messages or other information for the sole purpose of making it possible to search Website through said search engine; and has not been notified by The Company that it (User) does not come within this exception;
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not to alter, add to or remove any Website Material, otherwise than as Users of Website may be expressly invited and/or permitted to do, as indicated where appropriate;
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not to engage in collecting any personal and/or identification information via Website;
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not to use Website in any way in order to contact, approach and/or obtain any information regarding, any particular third party or parties, for the purposes of commercial solicitation;
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To be fully, personally and exclusively liable to The Company and/or any third party for any act or omission done by it using Website and/or any data or information obtained through Website, and/or any consequences of the same; and not to deny or exclude any such liability.
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To immediately bring to the attention of Website administrators any breach of Website security of which User becomes aware.
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To describe the Goods or information furnished, or services required, by or on behalf of the User in a full and accurate manner.
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By accessing, visiting and/or using Website User expresses his approval to receive marketing Materials regarding discounts, news and/or other promotion materials to user's E-mail address. Additionally, user expresses his approval to receive notices via social networks such as Facebook.com.
3. Warranty Disclaimer and Limitation of Liability
The Company will not accept or deal with Goods of a dangerous or damaging nature, nor with Goods likely to harbor or encourage vermin or other pests, nor with Goods liable to taint or affect other Goods in any way. If such Goods are accepted pursuant to a special arrangement, but, thereafter, and in the opinion of The Company, constitute a risk to other goods, property, life or health, the Company shall, where reasonably practicable, contact the User in order to require him to remove or otherwise deal with the goods, but reserves the right, in any event, to do so at the expense of the User.
The Company, as well as any and all of its subsidiaries, agents, employees and/or officers, assume no liability, disclaim all warranties and make no representations, whether express or implied, in relation to Website and/or any use made thereof; any of the contents of, or appearing on, Website, including the correctness, accuracy, completeness and/or propriety of the same; use of any information obtained through unauthorized access to The Company's servers and/or those used by or for the operation of Website; any information or contents, including computer files (such as viruses) sent to User by any third party, whether through Website or having obtained User's personal information through Website; any dealing whatsoever User has with any third party, whether through Website, or having become acquainted through Website; any promotion of, including hyperlink to, any third party website, as well as any such website itself; any trouble, disturbance or interference with User's communication with Website, and/or any damage, whether physical or other, arising from any of the above.
Under no circumstances whatsoever will The Company, or any of its subsidiaries, employees or officers, be liable to User or any other party for any damages, including any direct, indirect, incidental or punitive damages, or any compensation for the same, and shall not indemnify User or any other party for any of the above.
User shall save harmless and keep the Company indemnified from and against:-
(A) all liability, loss, damage, costs and/or expenses whatsoever (including, all duties, taxes, imposts, levies, deposits and outlays of whatsoever nature levied by any authority in relation to the Goods) arising out of the Company acting in accordance with the User's instructions, or arising from any breach by the User of any warranty contained in these conditions, or from the negligence of the User, and
(B) without derogation from sub-clause (A) above, any liability assumed, or incurred by the Company when, by reason of carrying out the User's instructions, the Company has
become liable to any other party, and
(C) all claims, costs and demands whatsoever and by whomsoever made or preferred, in excess of the liability of the Company under the terms of these conditions, regardless of whether such claims, costs, and/or demands arise from, or in connection with, the breach of contract, negligence or breach of duty of the Company, its servants, sub-contractors or agents.
Any claim by the User against the Company arising in respect of any service provided for the User, shall be made in writing and shall be transferred to the Company within 21 days of the date upon which the User became, or ought reasonably to have become, aware of any event or occurrence alleged to give rise to such claim, and any claim not made and notified as aforesaid shall be deemed to be waived and absolutely barred, except where the User can show that it was impossible for him to comply with this time limit, and that he has made the claim as soon as it was reasonably possible for him to
do so.
4. Assignment to Third Parties
The Company is fully entitled to assign, grant, transfer or sublicense any and all of its rights provided for herein, wholly or in part, to any third party whatsoever. By no means shall User be entitled to do any of the above in respect of User's own rights provided for herein, whether to other Website Users or not.
5. Copyright Notice
www.insuredbay.com Website is © 2010, The Company – All Rights Reserved and no portion of Website may be copied, reproduced, transmitted, derived, or otherwise used for any purpose without the prior written permission of The Company
6. Trademarks
All Website and The Company trademarks are owned by The Company and may not in any way be used without the express, prior written consent of The Company
7. General
Should any provision herein be deemed void or invalid by any court of law having proper jurisdiction, such provision shall be severed, and shall not in any way vitiate or detract from the effect and/or validity of any or all remaining provisions herein.
The Company's acquiescence to any breach of These Terms and/or failure to exercise any right provided for herein shall be without prejudice to The Company's legal rights and remedies, and shall not be held to preclude and/or debar it from exercising or seeking any of the same.
8. Choice of law and Jurisdiction
These Terms, as well as any dispute arising therefrom or in connection therewith, shall be governed by the laws of The United Kingdom the courts of law of The United Kingdom shall have exclusive jurisdiction over the same.
Privacy Policy
By accessing, visiting and/or using the website www.insuredbay.com and/or any part thereof you unequivocally and unreservedly express your binding agreement to any and all of these terms.
Commitment to Privacy
Protecting your privacy is one of our top priorities. This privacy policy sets out how we collect information regarding Application users, what we may do with it, and what you can do to protect your privacy.
Information Application Collects
This policy applies to all information collected to or submitted on Application. You may be able to order services, make requests, submit data, register to receive materials, etc. Types of personal information that may be collected on Application include user's name, home address, e-mail address, telephone no. etc. Application does not knowingly collect Personal Information concerning children under the age of 13; should it ever do so, Application will comply with the Children's Online Privacy Protection Act.
Website's Use of Information
Website shall use information to dispatch users' orders (and may accordingly pass it on to relevant third parties); manage users' accounts and preferences; analyze user trends in order to adapt Application; better cater to users' wants and desires; protect users from acts of fraud, and enforce Website's terms of use.
Data Protection
In order to prevent unauthorized access, maintain data accuracy, and ensure the correct use of information, we have put in place appropriate physical, electronic, and managerial procedures to safeguard and secure the information we collect online.
Child Privacy
In order to protect child privacy, we never knowingly collect or maintain information from users under 13; no part of our application is structured to attract anyone under 13. Should Application ever collect or maintain any such information, it will comply with the Children's Online Privacy Protection Act.
Changes to This Privacy Policy
This privacy policy may be changed from time to time, as we see fit. Should any material changes be made, Application shall notify users of this by e-mail.
Contact Us
For queries concerning policy matters, please contact us at info@InsuredBay.com
End of Policy
Licensed operator Globit Marine Insurance ltd by InsuredBay web services ltd Lear House 259 Cranbrook road ILFORD ESSEX IG1 4TG United Kingdom. Tel: + 442033186055.
Updates: updated on 29.11.2010