REMOVERS CHOICE

Your Policy Terms and Conditions

September 2014 Edition 2

(Updated July 2022)

Your Policy

The company in consideration of the payment of the premium shall provide insurance against loss, destruction, damage or liability occurring at any time during the Period of Insurance (or any subsequent period for which the company accepts a renewal premium) in accordance with the Sections of the policy as shown in the schedule subject to the exclusions, provisions and conditions of the policy.

The Policy and the schedule should be read together as one contract and the proposal form / Statement of Fact made by the Insured is the basis of the contract.

Important

We recommend that you read this policy together with your schedule to ensure that it meets with your requirements. Should you have any queries please contact us or your Insurance Adviser.

This policy is a legal contract between you and us. You must tell us immediately about any facts or changes which affect your Insurance and which have occurred either since the policy started or since the last renewal date.

If you are not sure whether certain facts are relevant please ask your insurance advisor. If you do not tell us about relevant changes your policy may not be valid or the policy may not cover you fully

Your attention is drawn to the Complaints procedure (Making a Complaint).

Law applicable to this policy.

You and we can choose the law which applies to this policy. We propose that the Law of England and Wales apply. Unless we and you agree otherwise, the Law of England and Wales will apply to this policy.

Cyber and Data Exclusion NTP

Important Notice to Policyholder

In order to clarify the cover provided by the liability sections of our policies in relation to Cyber risks, we are applying a Cyber and data exclusion to all public, product, property owners’ and financial loss liability sections.

Please carefully read the endorsement ‘Cyber and Data Exclusion’ which has been added to your policy, so you can fully understand the change that has been made.

If you need any further assistance or have any queries regarding your cover, please contact us.

IMPORTANT HELPLINE

Legal and

Tax Advice * 0870 241 8178

Our confidential legal and tax advice line. Please quote AXA Commercial

when you call.

• • The telephone legal and tax advice is provided on behalf of Arc Legal Assistance Ltd by Irwin Mitchell Solicitors and can advise on general UK law and taxation.

• • Tax telephone advice provided by Irwin Mitchell Solicitors may involve the use of external accountants to provide tax telephone advice.

• • Arc Legal Assistance Ltd make no additional charge for providing these services.

• • Arc Legal Assistance Ltd is authorised and regulated by the Financial Conduct Authority. Their Firm Reference Number is 305958.

• • Irwin Mitchell LLP is a limited liability partnership registered in England and Wales, with number OC343987, and is authorised and regulated by the Solicitors Regulation Authority.

 

Telephone calls may be monitored and recorded.

DEFINITIONS

These meanings apply throughout your policy. If a word or phrase has a defined meaning, it will be highlighted in bold print and will have the same meaning wherever it is used.

Business

The business stated in the schedule conducted by you at or from premises in England Wales Scotland Northern Ireland and the Channel Islands or the Isle of Man including

a) the provision and management of canteen sports social or welfare organisations for

the benefit of Employees and fire security first aid medical and ambulance services

b) private work undertaken with your prior consent by Employees for any director or

senior official of yours

c) the ownership maintenance and repair of such premises within such territories.

Company/We/Us/Our

AXA Insurance UK plc

Excess

The amount for which you are responsible as the first part of each claim or incident.

Offshore

From the time of embarkation onto a conveyance at the point of final departure

from land to any offshore rig or any offshore platform and until such time of

disembarkation from a conveyance onto land upon return from any offshore rig or any

offshore platform.

Policy

This policy the schedule the proposal and any endorsements attached or issued.

Proposal / Statement of Fact

The signed form or Statement of Fact and any additional information supplied to us by you or on your behalf.

Schedule

A separate sheet which comes to you with the policy. Amongst other things it shows

your name Business and extensions and Special Clauses in force.

Territorial Limits

Applicable to Section 1 – Goods in Transit

a) anywhere including the sea crossing in or between England Wales Scotland

Northern Ireland and the Channel Islands the Isle of Man and Eire

Applicable to Section 2 – Public Liability and Section 3 – Employers Liability

a) anywhere within Great Britain Northern Ireland the Channel Islands or the Isle of

Man other than offshore

b) elsewhere in the world in connection with temporary visits undertaken in the course of the Business by any person normally resident in the territories described

in (a) above other than offshore

c) anywhere in the world caused by Products Supplied.

Vehicle(s)

Motor vehicles articulated vehicles trailers and semi-trailers.

Western Europe

Austria Belgium Denmark France Germany Holland Italy Liechtenstein Luxembourg Monaco Norway Portugal Spain Sweden and Switzerland

You/Your(s)/Yourself Sub-Contractor

The person(s) or company shown in the schedule as the Insured.

Products Supplied

a) products including containers packaging or instructions sold or supplied

b) work or services undertaken including goods or materials used

by or on behalf of you in the course of the Business.

Definitions Applicable to Goods in

Transit – Section 1

Wherever the following words and phrases appear in this Section they will

always have these meanings

Any One Event

Any one occurrence or series of occurrences attributable to one original cause.

Approved Removal Depository

A storage location detailed in the schedule 7

Business Contents

Your Contents within or on an Approved Removal Depository excluding landlords fixtures and fittings and Office Contents used specifically in the conduct of your Business

C.M.R

The Convention on the Contract for the International Carriage of Goods by Road.

Consignment

All property sent at one time in one load to the same destination.

Enclosed Premises

A locked building or a compound bounded on each side by a substantial wall fence or

similar structure and having a locked gate.

Office Contents

Your Contents within an Approved Removal Depository used specifically in respect of the office operations of your Business excluding landlords fixtures and fittings and Business Contents

Property

Goods for which you are responsible carried for a charge and not owned hired or leased by you except for any property specifically

excluded by this Section. In addition where Extension 2 is applicable this will include Goods for which you are responsible stored by you.

Storage

Storage within the Approved Removal Depository location(s) detailed in the schedule

Storage Sum Insured

The maximum that we will pay in respect of Property stored within an Approved Removal Depository, Business Contents and Office Contents in respect of any one claim

Sub-Contractor

Any carrier (including his/their employees and agents) directly or indirectly engaged by you to carry the Property.

Transit

The movement of Property from one place to another whilst in your custody or control including loading and unloading and temporary storage in the course of such

movements either on or off the Vehicle.

Temporary storage does not include Property stored

i) at a rental

ii) subject to a contract for storage

iii) subject to a contract for storage

and distribution.

Unattended

A Vehicle shall be considered unattended if you or the person in charge of the Vehicle are not in such a position as to have reasonable prospects of preventing loss or damage.

For the purpose of clarification a Vehicle will not be regarded as unattended whilst the driver of the Vehicle on which Property is loaded is asleep in the Vehicle

Vehicle Sum Insured

The maximum we will pay in respect of Property on any one Vehicle.

Definitions applicable to Public and Employers Liability – Sections 2 and 3

Wherever the following words and phrases appear in these Sections they will always have these meanings

Employee

a) any person under a contract of service or apprenticeship with you

b) any person who is hired to or borrowed by you

c) any person engaged in connection with a work experience or training scheme

d) any labour master or person supplied by him/her

e) any person engaged by labour only sub-contractors

f) any self-employed person employed on a labour only basis under your control or

supervision

g) any voluntary helper

while working for the Insured in connection with the Business.

Injury

Bodily injury death disease illness or nervous shock. 9

Section 1 - Goods in Transit

Indemnity

We agree to insure you in accordance with the bases of cover as defined below shown to be operative in the schedule against loss of or damage to Property in your custody or control for the purpose of Transit Storage (where applicable) packing and or unpacking subject to Property in Transit being carried by the means of conveyance shown in the schedule or property being stored within an Approved Removal Depository in connection with the Business discovered by you during the period of insurance, within the Territorial Limits of the policy.

Basis of Cover

A. Liability under the C.M.R Convention for traffic carried within the Territorial Limits.

B. Liability under the approved conditions forming Appendix A of this policy

C. All Risks of loss of or damage to Property (other than that which is subject to the C.M.R Convention) where you can choose to have claims paid in full regardless of your legal or contractual liability.

D. Liability under the Road Haulage Association conditions of carriage

All bases of cover include your liability for Property in the custody or control of a Sub-Contractor but the benefit of this insurance shall not pass to any Sub-Contractor.

In addition we will pay

1 Legal Costs

a) costs and expenses of claimants for which you are legally liable

b) legal costs and expenses incurred with our written consent

in respect of any claim which may be the subject of indemnity under this Section.

2 Own Goods

for loss of or damage (excluding wear and tear) to containers, packing materials blankets equipment and tools required to undertake your Business belonging

to you or for which you are responsible whilst carried on any Vehicle described in

the schedule

3 Expenses

expenses reasonably incurred by you in

a) the removal of debris and site clearance of Property damaged whilst

in Transit from the immediate area of the site where the damage occurred

b) transferring Property to any other Vehicle following fire collision overturning 10

or impact of the conveying Vehicle including carrying the Property to original

destination or to place of collection

4 Personal Effects

up to £500 for loss of or damage to drivers personal effects (excluding wear

and tear) whilst they are in one of your Vehicles but we will not pay for

audio/visual/telecommunication equipment or clothing watches and

jewellery whilst being worn.

5 Consequential or Indirect Loss

for financial loss suffered by a consignor or consignee (other than injury to any

person) for which you are legally liable following accidental

a) loss of or damage to Property for which the policy otherwise becomes liable

b) delay (other than failure to meet an agreed delivery time or date)

c) mis-delivery

We will pay up to £250,000 under this cover for Any One Event.

For this cover to apply you must contract for the carriage either

i) specifically excluding such liability

or

ii) limiting liability to the amount of your carriage charges for the Consignment.

6 Common Law

Where a Consignment is carried subject to conditions of carriage but by court ruling the terms of the conditions as specified in the basis of cover shown to be operative in the schedule are held not to apply we will insure you for loss of or damage to Property arising from your liability at common law

We will pay up to £250,000 under this cover for Any One Event

7 Reinstatement of Sum Insured

We will automatically reinstate the Vehicle Sum Insured as shown in the schedule and if applicable the limit payable under the loss of use extension from the date of any loss unless written notice to the contrary is given by us. You may be required to pay extra premium

8 Temporary Vehicle Substitution

If this Section is arranged on a specified Vehicle basis we will insure Property carried

in any similar road Vehicle subject to the policy terms and security requirements when your own Vehicle is out of use undergoing repair maintenance or testing. 11

The maximum we will pay under this Section including any extensions for Any

One Event shall be the amount shown in the schedule as the Any One Event limit.

9 Hotel Accommodation Costs

We will pay following an acceptable claim under this policy relating to a household removal unexpected hotel accommodation costs incurred by your customer regardless of whether you are responsible for such costs in the trading conditions or contract terms between you and your customers where you deem it commercially expedient to meet such costs provided

1 any claim hereunder is made by or with your express agreement

2 you will in no case give any assurance or undertaking to any claimant or other party with regard to the applicability of this cover or any of its provisions.

This Cover is subject to a limit of £500 any one claim and £1000 in the aggregate in any one period of insurance.

Limitations

1 If basis of cover B applies and at the time of any loss or damage you have agreed to accept a contractual liability for Property which is greater than the Vehicle Sum Insured (or Storage Sum Insured where applicable) shown in the schedule then we will only pay a proportionate share of the claim. This will be the amount that the Vehicle Sum Insured bears as a proportion to the contractual liability that you have accepted or where applicable the amount that the Storage Sum Insured bears as a proportion to the sum of the contractual liability which you have accepted, Business Contents and Office Contents

2 If basis of cover C applies and at the time of any loss or damage the value of the Property is greater than the Vehicle Sum Insured (or Storage Sum Insured where applicable) shown in the schedule then we will only pay a proportionate share of the claim. This will be the amount that the Vehicle Sum Insured bears as a proportion to the value of the Property or where applicable the amount that the Storage Sum Insured bears as a proportion to the sum of the Property, Business Contents and Office Contents

3 If basis of cover D applies you will not accept liability beyond that provided by

the standard conditions without first obtaining our approval.

4 We will only insure you for theft pilferage or shortages of the following Property if left Unattended up to £40,000 for Any One Event, If the loss is from a Vehicle the Vehicle Sum Insured shall apply if that is less.

• • Bottled spirits

• • Processed tobacco or tobacco products

• • (but not raw leaf)

• • Audio/visual equipment and/or accessories

• • Non-ferrous metals in scrap, sheet, bar, ingot or similar (but not component) form

• • Computer equipment and/or accessories

• • Mobile phones and/or accessories

 

The above limitation will not apply if such Property is carried unknowingly

i) in sealed containers

or

ii) as part of a groupage load.

In addition this Limitation shall not apply in respect of household removals

Extensions – Section 1

Extensions 1 and 2 are only applicable if the extension numbers are shown in the schedule

1 Loss of use

Those Vehicles operated by you to which this Section applies which are comprehensively insured by you under a motor or other policy are covered under this extension. If any of these Vehicles are out of use as a result of fire or accidental damage whilst being used by you and loaded with at least one

Consignment we will pay for

a) the cost of actual hiring of a replacement Vehicle of similar type and carrying

capacity to your own

or

b) hiring charges payable to your principal for which you are legally liable provided

your principal sustains a financial loss and makes a claim against you

or

c) normal hire purchase payments that are still due in respect of the damaged

Vehicle although a replacement is not required.

Weekly payments will be covered by us until your Vehicle is returned to you following repair or until a replacement is purchased subject to a maximum period of five weeks.

Your claim must be reported to us within three days of the loss or damage.

We are not responsible for

i) the first three days of any period for which payment becomes due under

this extension

ii) fire or accidental damage occurring outside England Wales Scotland

Northern Ireland the Channel Islands the Isle of Man and Eire

iii) 20% of any claim

iv) fire or accidental damage caused directly by theft or attempted theft of

the Vehicle.

Please refer to the schedule to see the maximum weekly payments.

2 Approved Removal Depository Extension

We agree to insure you in respect of loss of or damage to

(i) household and commercial goods stored

(ii) Business Contents

and

(iii) Office Contents

up to the Storage Sum Insured and within an Approved Removal Depository as detailed on the schedule and in accordance with the Basis of Cover detailed on the schedule.

The maximum that we will pay in respect of any one claim in respect of Business Contents shall be £50,000 and the maximum that we will pay in respects of Office Contents will be £10,000.

Where in the event of a claim Basis of Cover B or C applies Limitation 1 and 2 shall continue to be applicable respectively

Exclusions

A This Section does not cover any loss or damage to Property directly or

indirectly caused by or arising from

1 Pressure Waves

pressure waves caused by aircraft or other aerial devices.

2 Radioactive Contamination

a) ionising radiation or contamination by radioactivity from any nuclear fuel or from

any nuclear waste from the combustion of nuclear fuel

b) the radioactive toxic explosive or other hazardous properties of any explosive

nuclear assembly or nuclear component.

3 War Risks

any consequence of war invasion act of foreign enemy hostilities (whether war be

declared or not) civil war rebellion revolution insurrection or military or

usurped power. 14

4 Delay

delay except as provided in the Consequential or Indirect Loss cover.

B This Section does not cover

1 Money Securities etc.

loss of or damage to money securities for money (which include certificates of bond

stock certificates bills of exchange promissory notes) stamps watches

precious stones jewellery bullion nuclear fuel nuclear waste or loss or death of or

injury to living creatures.

2 Tanker Traffic

loss of or damage to Property in Transit in road tankers.

3 Consequential Loss

any consequential or indirect loss which exceeds the carriage charge made by

you to carry the Consignment except as provided in the Consequential or Indirect

Loss cover.

4 Deterioration

a) natural deterioration

b) the deterioration of Property conveyed in frozen chilled or insulated condition

due to

i) faulty stowage

ii) incorrect setting or operation of the equipment

iii) variations in temperature unless directly caused by fire accident (but

not breakdown) to the conveying Vehicle theft or attempted theft.

5 C.M.R

under the C.M.R Convention we will not be responsible for claims arising from

a) Article 7(3) – omission from the consignment note of reference to

the Convention.

b) Article 21 – collection of cash on delivery payments.

c) surrender of right of recourse under Article 37 by virtue of the liberty

granted under Article 40.

d) undertakings given under Article 24 (values in excess of 8.33 SDRs per

kilogram) or Article 26 (special interest).

e) delay except as provided under Article 23(5). 15

f) confiscation requisition destruction or damage ordered by any government

or other officials or authorities or the consequences of inadequate or

inaccurate documentation.

Special Clauses

Clauses A to F are only applicable if the clause letters are shown in the schedule

A Overnight Theft Restriction

This Section does not cover theft or attempted theft from any Unattended

Vehicle between 9pm and 6am unless it is secured at all points of access and is

garaged within Enclosed Premises which are securely locked or have a watchman

in constant attendance. It will be up to you to prove that any theft or attempted

theft occurred before 9pm or after 6am.

B Forcible Entry To Vehicle Restriction

This Section does not cover theft or attempted theft from any Unattended

Vehicle unless there are outward signs of forced entry to the Vehicle.

C Immobiliser Requirement

You must ensure that all your Vehicles are fitted with a key-operated immobiliser

approved by us and that whenever the Vehicles are left Unattended the

immobiliser is put into operation.

D Alarm Requirement

You must have all your Vehicles fitted with an alarm approved by us. The alarm

system must always be switched on and operational when the Vehicles are left Unattended. You must have the alarm system regularly serviced and maintained

by a qualified person approved by us. You must not make any alterations to the

alarm system without our agreement.

E Never Left Unattended Requirement

When Vehicles are carrying Property you must ensure that they will not be left

Unattended

F Exclusion of Overnight Theft Cover

This Section does not cover theft or attempted theft from any Unattended Vehicle between 9pm and 6am. It will be up to you to prove that any theft or attempted theft occurred before 9pm or after 6am. 16

Conditions

1 Sub-Contractors

If you pass the Property on to a Sub-Contractor and there is then a claim for

loss or damage to Property you should direct the claim against the Sub-Contractor.

2 Our Special Rights

We have the right to take possession of Property insured under this policy which

is affected by a claim. You or your Sub-Contractors cannot abandon Property to us. 17

Section 2 - Public Liability

Indemnity

We agree to indemnify you against all sums that you shall become legally liable to pay as damages to claimants in respect of

accidental

a) Injury to any person

b) loss of or damage to material property

c) nuisance or trespass obstruction loss of amenities or interference with any right of

way light air or water

d) wrongful arrest detention imprisonment or eviction of any person or invasion of the

right of privacy

occurring within the Territorial Limits during the Period of Insurance and happening in connection with the Business.

Limit of Indemnity

Our liability under this Section for all damages payable to any claimant or number

of claimants as a result of any one occurrence or series of occurrences attributable to one original cause shall not exceed the amount stated in the schedule as the Limit of Indemnity.

Costs

In addition we will pay

1 a) costs and expenses of claimants for which you are legally liable

b) other costs and expenses incurred with our written consent

in respect of any claim which may be the subject of indemnity under this Section.

2 solicitors fees incurred with our written consent for

a) defence in any court of Summary Jurisdiction of any proceedings

brought against you in respect of breach or alleged breach of any statutory duty resulting in Injury

b) representation at a Coroners Court or Fatal Accident Inquiry in respect of

any death which may be the subject of indemnity under this Section.

3 legal costs and expenses incurred by you and at your request any director or

Employee with our written consent and costs awarded against you or any director

or Employee of yours arising in connection with a prosecution (including

an appeal against any conviction resulting from a prosecution) as a result of an

alleged offence occurring during the Period of Insurance under the Health and Safety at Work etc. Act 1974 or similar safety legislation of England Wales

Scotland Northern Ireland the Channel Islands or the Isle of Man provided that

a) the proceedings relate to the health safety or welfare of persons other than Employees

b) we will not pay

i) fines or penalties

ii) costs and expenses insured by any other policy.

4 legal costs and expenses incurred with our written consent in the defence of any

criminal proceedings brought or in an appeal against conviction arising from

such proceedings in respect of a breach of Part II of the Consumer Protection Act

1978 provided that

a) the proceedings relate to an offence alleged to have been committed in the

course of the Business during the Period of Insurance

b) we will not pay

i) fines or penalties

ii) costs and expenses insured by any other policy.

Cross Liabilities Clause

If more than one person is referred to in the schedule this Section shall apply to each one as if a separate policy had been issued to each provided that the total amount of indemnity payable to all parties in respect of damages shall not exceed the Limit of Indemnity.

Rented Premises

Exclusion 2(b) of this Section shall not apply to premises leased let rented hired or lent to you provided that the indemnity will not apply to legal liability in respect of

a) loss or damage arising under agreement unless liability would have attached to you in the absence of such agreement

b) loss of or damage to premises caused by fire or any other peril against which

a tenancy or other agreement stipulates that insurance shall be effected by you or on your behalf

c) the first £250 in respect of loss or damage caused otherwise than by fire or explosion.

Defective Premises Act

We include within the terms of this Section your legal liability in respect of Injury loss or damage arising by reason of Section 3 of the Defective Premises Act 1972 or Article 5 of the Defective Premises (Northern Ireland) Order 1975 in respect of any premises previously owned for purposes pertaining to the Business and since disposed of by you but indemnity will not apply if you are entitled to indemnity under any other insurance. 19

Contingent Motor Liability

Notwithstanding Exclusion 5 of this Section we will insure you and no-one else for the purpose of this clause against legal liability in respect of Injury loss or damage arising out of the use in connection with the Business of any Vehicle not owned or provided by you.

The indemnity will not apply to legal liability

a) in respect of loss of or damage to any such Vehicle or to goods conveyed therein or thereon

b) in respect of Injury loss or damage arising while such Vehicle is being

i) driven by you or a Sub-Contractor

ii) driven with the general consent of you or your representative by any person

who to the knowledge of you or your representative does not hold a licence

to drive a Vehicle unless such person has held and is not disqualified from

holding such a licence

iii) used in circumstances in which it is compulsory for you to insure or

provide security as a requirement of any road traffic act legislation within

the Territorial Limits

iv) used elsewhere than within the Territorial Limits

c) in respect of which you are entitled to indemnity under any other insurance.

Overseas Personal Liability

We will insure you and if you so request any director partner or Employee of yours or spouse of such person against legal liability incurred in a personal capacity whilst

temporarily outside England Wales Scotland Northern Ireland the Channel Islands or the Isle of Man in connection with the Business.

The indemnity will not apply to legal liability

a) arising out of the ownership or occupation of land or buildings

b) in respect of which any person referred to above is entitled to indemnity under any

other insurance.

Compensation for Court Attendance

In the event of any of the undermentioned persons attending court as a witness at our request in connection with a claim in respect of which you are entitled to indemnity under this Section we will provide compensation to you at the following rates per day for each day on which attendance is required

a) any director or partner of yours £100

b) any Employee £50.

Manslaughter Costs

The indemnity provided by this Section includes

a) legal costs and expenses incurred by the Insured or any person entitled to indemnity with the prior written consent of the company in

i) the course of an investigation leading to the offence of

ii) defending the Insured against criminal proceedings in connection with a charge of

iii) an appeal against any conviction resulting from a prosecution for

manslaughter corporate manslaughter corporate homicide or culpable homicide as a result of any death happening during the Period of Insurance which may be the subject of indemnity under the policy

b) prosecution costs awarded against the Insured or any person entitled to indemnity as a result of any conviction for such an offence

Provided always that

1) The maximum amount payable under this Extension for each Section stated above shall not exceed £1,000,000 in all during any one Period of Insurance

2) The company shall not be liable to make any payment under this Extension in respect of

a) the fees of any solicitor or counsel appointed by or on behalf of any person entitled to indemnity unless consent to the appointment has been agreed by the company

b) fines or penalties or the cost of implementing any remedial order or publicity order

c) an appeal unless advice has been obtained from a Queen's Counsel that such appeal has strong prospect of success

d) an appeal against any fine penalty remedial order or publicity order

e) costs incurred as a result of the failure to comply with any remedial order or publicity order

f) costs and expenses insured by any other policy

g) any investigation or prosecution brought other than under the laws of Great Britain Northern Ireland the Channel Islands or the Isle of Man.

Limitations

War and Terrorism Cover Limitation Clause

The insurance provided by this Section is subject to the following Terrorism

Limitations

1. The liability of the company under this Section for all damages costs and expenses payable in respect of all occurrences of Terrorism during any one Period of Insurance shall not exceed in the aggregate the sum of £2,000,000 or the Limit of Indemnity

shown in the schedule whichever is the lesser

2. Notwithstanding paragraph 1 above the indemnity will not apply to legal liability of whatsoever nature directly or indirectly caused or occasioned by or happening through or in consequence of Terrorism or any action taken in controlling preventing

suppressing or in any way relating to Terrorism

a) arising by through or in connection with

i) the provision of police fire or security services of any kind

ii) any public or private utility including telecommunications electricity gas water

radio and television

iii) public transport services whether rail road sea or air

b) arising out of the ownership operation or occupation of or work in at or on

i) airports airfields ports rail or underground stations freight or passenger terminals

ii) government military or local authority establishments

iii) buildings of more than 20 floors in height including basements and underground car parks

iv) facilities for the manufacture processing refining distribution or storage of liquid or gaseous fuel oil petrochemical chemicals explosives or ammunition

v) tunnels bridges viaducts aqueducts dams river or sea defences

vi) schools colleges universities or places of education or religious worship

vii) sports stadiums theatres or entertainment arenas amusement parks exhibition or conference halls

For the purpose of this Clause Terrorism means an act or acts (whether threatened or actual) of any person or persons involving the causing or occasioning or threatening of harm of whatsoever nature and by whatever means made or claimed to be made in whole or in part for political religious ideological or similar purposes

Cyber and data exclusion

The indemnity will not apply to legal liability directly or indirectly caused by contributed to by resulting from or arising out of or in connection with

• a any Cyber Act or Cyber Incident including but not limited to any action taken in controlling preventing suppressing or remediating any Cyber Act or Cyber Incident

 

• b loss of use reduction in functionality repair replacement restoration reproduction loss or theft distortion erasure corruption or alteration of any Data including any amount pertaining to the value of such Data.

 

This exclusion shall not apply to claims

i for Injury

ii for physical damage to material property

directly or indirectly caused by contributed to by resulting from arising out of or in connection with any Cyber Act or Cyber Incident.

For the purposes of this exclusion the following definitions shall apply:

Computer System

Any computer hardware software communications system electronic device (including but not limited to smart phone laptop tablet or wearable device) server cloud or microcontroller including any similar system or any configuration of the aforementioned and including any associated input output data storage device networking equipment or back up facility.

Cyber Act

An unauthorised malicious or criminal act or series of related unauthorised malicious or criminal acts regardless of time and place or the threat or hoax thereof involving access to processing of use of or operation of any Computer System.

Cyber Incident

• a Any error or omission or series of related errors or omissions involving access to processing of use of or operation of any Computer System

 

• b Any partial or total unavailability or failure or series of related partial or total unavailability or failures to access process use or operate any Computer System.

 

Data

Information facts concepts code or any other information of any kind that is recorded or transmitted in a form to be used accessed processed transmitted or stored by a Computer System.

Exclusions

The indemnity will not apply to legal liability

1 Injury to Employees

in respect of Injury to any Employee arising out of and in the course of his/her

employment by you in the Business.

2 Property under Your Control

in respect of loss of or damage to

a) property belonging to you

b) property which is leased let rented hired or lent to you or which is the

subject of a bailment to you. 22

3 Rectification Costs

a) in respect of the cost or value of any Products Supplied or replacement

repair removal rectification or reinstatement thereof where legal

liability arises from the defect in or unsuitability of such Products Supplied

b) for any costs incurred in recalling or modifying any Product Supplied

c) for the costs of remedying any defect or alleged defect in land or premises

sold or disposed of by you or for any reduction in the value thereof.

4 Aviation and Craft

arising out of

a) work in or on aircraft

b) work in or on airport or aerodrome runways manoeuvring areas or aprons

or those parts of airports or aerodromes to which aircraft have access

c) the ownership possession or use by you or on your behalf of any

i) aircraft

ii) watercraft (other than watercraft not exceeding 8 metres in length or any

hand-propelled boat or pontoon).

5 Vehicles

arising out of the ownership possession or use by you or on your behalf of any Vehicle in circumstances where compulsory motor insurance or security is required under Road Traffic Act legislation or where insurance is provided by another policy.

6 Liability under Agreement

assumed by you under agreement unless the conduct and control of claims is

vested in us but indemnity shall not in any event apply to

a) liquidated damages fines or penalties

b) legal liability which attaches by virtue of an express warranty indemnity or guarantee given or entered into by you in connection with any Product Supplied and which would not have attached in the absence of such warranty.

7 Livestock and Tanker Traffic

arising out of

i) the carriage of livestock

ii) the operation of road tankers.

8 War Risks

arising from any consequence of war invasion act of foreign enemy hostilities

(whether war be declared or not) civil war rebellion revolution insurrection or military

or usurped power.

9 Radioactive Contamination

of whatsoever nature directly or indirectly caused by or contributed to by or arising from

a) ionising radiation or contamination by radioactivity from any nuclear fuel or from any nuclear waste from the combustion of nuclear fuel

b) the radioactive toxic explosive or other hazardous properties of an explosive nuclear assembly or nuclear component thereof.

10 Exports to United States of America or Canada

in respect of Injury or loss of or damage to property caused by or in connection with any Products Supplied which to the knowledge of the Insured are directly or

indirectly exported to the United States of America or Canada.

11 Professional Risks

The indemnity will not apply to legal liability arising out of

a) an error or omission in estimates or advice given by you or on your behalf or in design plans drawings or specification

b) an error or omission by you or any servant or agent of yours in the supervision of works for which a separate fee is charged or would normally be charged.

12 Sanctions Condition

It is a condition of your policy that we will not provide cover, or pay any claim or provide any benefit under your policy to the extent that the provision of such cover, payment of such claim or provision of such benefit would expose us, or our parent, subsidiary or any AXA group member company, to any trade or economic sanctions, or violate any laws or regulations of the United Kingdom, the European Union, the United States of America or any other territory.

AS1 Asbestos Exclusion

The indemnity under Section 2 – Public Liability of this policy will not apply to legal liability directly or indirectly arising from or contributed to by

A) inhalation and/or ingestion of asbestos or exposure to asbestos or the existence of or the harmful nature of asbestos or health hazards associated with asbestos or any allegation or concern in relation thereto

B) the presence of asbestos in any building and/or structure and/or on land and/or in the ground or the removal or mitigation of such asbestos or any obligation to investigate control or take action in respect of such asbestos

It is further agreed that this insurance shall not apply to

i) any obligation to defend any claim proceedings or suit brought against the Insured

ii) costs or expenses of whatsoever nature

as a result of any matter referred to in paragraphs A) or B) above

The term asbestos shall include asbestos asbestos fibres derivatives of asbestos or any substance or compound containing asbestos or asbestos waste

Pollution or Contamination Clause

1 This Section excludes all liability in respect of Pollution or Contamination other than caused by a sudden identifiable unintended and unexpected incident which takes place in its entirety at a specific time and place during the Period of Insurance.

All Pollution or Contamination which arises out of one incident shall be deemed to have occurred at the time such incident takes place.

2 Our liability for all compensation payable in respect of all Pollution or Contamination which is deemed to have occurred during the Period of Insurance shall not exceed in the aggregate the amount shown as the Limit of Indemnity in the schedule.

3 For the purpose of this Clause “Pollution or Contamination” shall be deemed to mean

a) all Pollution or Contamination of buildings or other structures or of water or land or the atmosphere

and

b) all loss or damage or Injury directly or indirectly caused by such Pollution or Contamination.

Conditions

1 Fire Precautions

It is a condition precedent to liability under this Section that in respect of use away from your premises of blow lamps blow torches flame guns hot air guns electric oxy-acetylene or other welding or cutting equipment and angle grinders (in circumstances where sparks are emitted) the undernoted precautions will be complied with on each occasion

Blow lamps blow torches flame guns and hot air guns

i) the area in which work is to be carried out to be examined and combustible property

within the vicinity of the work either removed or as far as practicable covered

by non-combustible materials

ii) suitable fire extinguishing appliances to be kept available for immediate use at the

point of work or as near as is practicable

iii) blow lamps blow torches and flame guns not to be lighted until required for use and extinguished immediately after use

iv) lighted blow lamps blow torches and flame guns not to be left unattended

v) hot air guns to be switched off when unattended

vi) upon completion of each period of work a thorough fire safety check to be made of

the vicinity of the work.

Electric oxy-acetylene or other welding or cutting equipment and angle grinders

i) the area in which the work to be carried out including adjoining shafts or openings and the area on the other side of any wall or partition to be inspected to see whether any combustible property other than the property to be worked upon is in danger of ignition either directly or by conduction of heat

ii) all combustible property to be removed to a distance of not less than 6 metres from the point of work and property which cannot be moved to be covered and fully protected by overlapping sheets of non-combustible

material or equivalent protection

iii) You shall arrange for a person who is competent in the use of fire extinguishing appliances to work in conjunction with the operative using the equipment to act as a

firewatcher and to remain in attendance at all times until lighted flame equipment

is extinguished

iv) suitable fire extinguishing appliances to be made available for immediate use at the point of work

v) gas cylinders not in use to be kept outside the building in which the work is taking

place where practicable but in any event at least 15 metres from the point of

application of the heat

vi) upon completion of each period of work a thorough fire safety check to be made of

all areas referred to in paragraph (i) above

The fire safety check to be undertaken at regular intervals for a period of at least

one hour after completion.

2 Discharge of Liability

We may pay the Limit of Indemnity or any lesser sum for which any claim or claims

against you can be settled and we shall be under no further liability in respect of

such claim or claims except for costs and expenses incurred prior to the date of

such payment.

Section 3 - Employers Liability

The indemnity under this Section automatically applies in respect of Employees engaged solely in clerical and administrative duties and to other Employees engaged on a temporary basis.

The indemnity will also apply in respect of other Employees where you have requested this cover and the schedule shows ‘Extended cover is operative’.

Indemnity

We agree to indemnify you against all sums that you shall become legally liable to pay as damages together with costs and expenses shown below in respect of Injury sustained within the Territorial Limits during the Period of Insurance by any Employee arising out of and in the course of his/her employment by you in connection with the Business.

Limit of Indemnity

Our liability under this Section for damages costs and expenses payable in respect of any one claim against you or series of claims against you arising out of one occurrence shall not exceed the amount stated in the schedule as the Limit of Indemnity.

Costs and expenses mean

1 costs and expenses of claimants for which you are legally liable

2 other costs and expenses incurred with our written consent

3 solicitors fees incurred with our written consent for

a) defence in any Court of Summary Jurisdiction of any proceedings

brought against you in respect of breach or alleged breach of any

statutory duty resulting in Injury

b) representation at a Coroners Court or Fatal Accident Inquiry in respect of

any death

which may be the subject of indemnity under

this Section.

4 legal costs and expenses incurred by you and at your request any director or

Employee with our written consent and costs awarded against you or any director

or Employee of yours arising in connection with a prosecution (including an appeal against any conviction resulting from a prosecution) as a result of an alleged offence occurring during the Period of Insurance under the Health and Safety at Work etc. Act 1974 or similar safety legislation of England Wales Scotland Northern Ireland the Channel Islands or the Isle of Man

provided that

a) the proceedings relate to the health safety or welfare of Employees

b) we will not pay

i) fines or penalties

ii) costs and expenses insured by any other policy.

Right of Recovery

This Section is deemed to be in accordance with the provision of any law relating to

compulsory insurance of liability to employees in England Wales Scotland

Northern Ireland the Channel Islands or the Isle of Man but you shall repay to us all

sums paid by us which we would not have been liable to pay but for the provisions of such law.

Compensation for Court Attendance

In the event of any of the undermentioned persons attending court as a witness at our request in connection with a claim in respect of which you are entitled to indemnity under this Section we will provide compensation to you at the following rates per day for each day on which attendance is required

a) any director or partner of yours £100

b) any Employee £50.

Unsatisfied Court Judgements

In the event of Injury to an Employee sustained during the Period of Insurance and arising out of and in the course of his/her employment by you in the Business which results in a judgement for damages being obtained by such Employee or his/her personal representatives and which remains unsatisfied in whole or part six months after the date of such judgement we will at your request pay to the Employee or his/her personal representatives the amount of any such damages and any awarded costs to the extent that they remain unsatisfied provided that

a) the judgement for damages is obtained

i) in a court of law within England Wales Scotland Northern Ireland the Channel

Islands or the Isle of Man

ii) against a company partnership or individual (other than yourself)

conducting a business at or from premises within the territories

described in (a) (i) above

b) there is no appeal outstanding

c) if any payment is made under this Section the Employee or their personal

representatives of the Employee shall assign the judgement to us. 28

Manslaughter Costs

The indemnity provided by this Section includes

a) legal costs and expenses incurred by the Insured or any person entitled to indemnity with the prior written consent of the company in

i) the course of an investigation leading to the offence of

ii) defending the Insured against criminal proceedings in connection with a charge of

iii) an appeal against any conviction resulting from a prosecution for

manslaughter corporate manslaughter corporate homicide or culpable homicide as a result of any death happening during the Period of Insurance which may be the subject of indemnity under the policy

b) prosecution costs awarded against the Insured or any person entitled to indemnity as a result of any conviction for such an offence

Provided always that

1) The maximum amount payable under this Extension for each Section stated above shall not exceed £1,000,000 in all during any one Period of Insurance

2) The company shall not be liable to make any payment under this Extension in respect of

a) the fees of any solicitor or counsel appointed by or on behalf of any person entitled to indemnity unless consent to the appointment has been agreed by the company

b) fines or penalties or the cost of implementing any remedial order or publicity order

c) an appeal unless advice has been obtained from a Queen's Counsel that such appeal has strong prospect of success

d) an appeal against any fine penalty remedial order or publicity order

e) costs incurred as a result of the failure to comply with any remedial order or publicity order

f) costs and expenses insured by any other policy

g) any investigation or prosecution brought other than under the laws of Great Britain Northern Ireland the Channel Islands or the Isle of Man.

Limitations

War Civil War Political Risk And Terrorism Limitation

The liability of the company under this Section for damages costs and expenses payable in respect of any one claim against the Insured or series of claims against the Insured arising out of one event shall not exceed £5,000,000 This limitation shall only apply in respect of any liability of whatsoever nature directly or indirectly caused by or contributed to by or arising from War Civil War Terrorism or Political Risk as defined below

For the purposes of this Clause "War Civil War or Political Risk" means war invasion acts of foreign enemies hostilities or warlike operations (whether war be declared or not) civil war mutiny civil commotion assuming the proportions of or amounting to popular rising military rising insurrection rebellion revolution military or usurped power martial law confiscation or nationalisation or requisition or destruction of 29

property by or under the order of any Government or public or local authority Terrorism or any action taken in controlling preventing suppressing or in any way relating to any of the above

For the purposes of this Clause "Terrorism" means an act or acts (whether threatened or actual) of any person or persons involving the causing or occasioning or threatening of harm of whatever nature and by whatever means made or claimed to be made in whole or in part for political religious ideological or similar purposes

Exclusions

The indemnity will not apply

1 Radioactive Contamination

a) in respect of any liability of any principal

or

b) in respect of any liability assumed by you under agreement and which

would not have attached in the absence of such agreement

of whatsoever nature directly or indirectly caused by or contributed to by or

arising from

(i) ionising radiations or contamination by radioactivity from any nuclear fuel or

from any nuclear waste from the combustion of nuclear fuel

(ii) the radioactive toxic explosive or other hazardous properties of any explosive

nuclear assembly or nuclear component thereof.

2 Vehicles

in respect of any liability for which compulsory motor insurance or security is

required under the Road Traffic Act 1988 as amended by the Motor Vehicles

(Compulsory Insurance) Regulations 1992 and the Road Traffic (Northern

Ireland) Order 1981 as amended by the Motor Vehicle (Compulsory Insurance)

Regulations (Northern Ireland) 1993 or any other Road Traffic Act legislation.

3 Employees Abroad

in respect of Injury to any Employee not ordinarily resident in England Wales

Scotland Northern Ireland the Channel Islands or the Isle of Man employed to

work solely outside these countries.

Sections 2 & 3 – Additional Persons Insured

1 In the event of the death of any person entitled to indemnity under this policy we

will insure in the terms of this policy the deceased’s legal personal representatives

but only in respect of liability incurred by such deceased person.

2 At your request we will indemnify in the terms of this policy

a) i) any principal in respect of liability arising out of the performance by

you of any agreement entered into by you with the principal to the

extent required by such agreement

ii) any director or Employee of yours in respect of liability arising in connection with the Business

provided that you would have been entitled to indemnity under the policy if the claim had been made against you

b) i) any officer committee or member of your canteen sports social or welfare organisations fire security first aid medical or ambulance services in their respective capacities as such

ii) any director or senior official of yours in respect of private work undertaken by any Employee for such director or senior official

provided that

i) each person shall as though he were you observe fulfil and be subject to the terms of this policy insofar as they can apply

ii) we shall retain the sole conduct and control of all claims

iii) where we are required to indemnify more than one party the total amount of indemnity payable to all parties in respect of damages shall not exceed the applicable Limit of Indemnity. 31

General Conditions of the Policy

1 Observance of Terms

It is a condition precedent to any liability on our part under this policy that the terms

hereof so far as they relate to anything to be done or complied with by you shall be duly and faithfully observed.

2 Change in risk condition

You must tell us as soon as possible of any change in circumstances or alteration to the risk during the period of insurance which may affect this insurance. If you do not comply with this condition we have the right to refuse to pay your claim.

We do not have to accept any request to change your cover. If we accept any change to the cover, an increase in the premium or different terms or conditions of cover may be required by us

3 Reasonable Precautions

You shall

a) take all reasonable precautions to minimise loss or damage and to prevent

occurrences including the maintenance of security precautions which may give rise

to a claim under this policy

b) take all reasonable steps to comply with statutory requirements obligations and

regulations imposed by any authority

c) immediately make good or remedy any defect or danger which becomes apparent or take such additional precautions as the circumstances may require

d) take reasonable care when employing drivers or selecting Sub-Contractors

e) ensure that all rights against Sub-Contractors bailees or other third parties

are properly preserved and exercised.

4 Notification of Claims

In the event of any occurrence which may give rise to a claim under this policy you

shall as soon as practical

a) either contact the AXA Goods in Transit claims helpline with full particulars of the

loss or damage

or

give written notice with full particulars to us including supporting documents and

proofs

b) forward to us upon receipt every letter claim writ summons or process

c) tell the police if there has been a theft, attempted theft or criminal damage. 32

5 Claims Control

a) no admission offer promise payment or indemnity shall be made or given by you

or on your behalf without our written consent

b) we shall be entitled to take over and conduct in your name the defence or

settlement of any claim or to prosecute in your name at our own expense and for

our benefit any claim for indemnity or damages or otherwise

c) we shall have full discretion in the conduct of any proceedings and in the

settlement of any claim

d) you shall give all information and assistance that we may require

e) you agree to keep accurate books and records of all figures provided and permit

us or anyone appointed by us to inspect your books and records at any time

insofar as they relate to this insurance.

6 Other Insurances

We will not indemnify you in respect of liability which is insured by or would but for

the existence of this policy be insured by any other policy except in respect of any

excess beyond the amount payable under such other policy or which would have

been payable under such other policy had this insurance not been effected.

7 Cancellation

Our Rights

We shall not be bound to accept any renewal of this policy and may at any time give 21 days notice of cancellation by recorded delivery to your last known address.

Thereupon you shall be entitled to the return of a proportionate part of the premium paid in respect of the unexpired term of this policy provided that there have been:

• no claims made under the policy for which we have made a payment

• no claims made under the policy which are still under consideration

• no incident likely to give rise to a claim but is yet to be reported to us

during the current Period of Insurance.

This termination shall be without prejudice to any rights or claims of the Insured or the company prior to the expiration of such notice.

If a claim has been submitted or there has been any incident likely to give rise to a claim during the current Period of Insurance, no refund for the unexpired portion of the premium will be given.

Your Rights

You may cancel this policy in the first year of insurance during the 14 days after the

Contract has been concluded by giving notice in writing to your Insurance Adviser at the address shown in their correspondence or to the AXA Insurance address shown on your policy schedule.

This right does not apply at the first or any subsequent renewal of the policy.

Provided that there have been:

• no claims made under the policy for which we have made a payment

• no claims made under the policy which are still under consideration

• no incident likely to give rise to a claim but is yet to be reported to us

during this 14 day period, we will give a refund for the proportionate part of the

premium paid in respect of the unexpired term of this policy, subject to a minimum

premium of £50.

If a claim has been submitted or there has been any incident likely to give rise to a claim during the current Period of Insurance, no refund for the unexpired portion of the premium will be given.

8 Fraud

If you or anyone acting for you:

1 knowingly make a fraudulent or exaggerated claim under your policy;

2 knowingly make a false statement in support of a claim (whether or not the claim itself is genuine); or

3 knowingly submit a false or forged document in support of a claim (whether or not the claim itself is genuine),

We will:

a) refuse to pay the claim;

b) declare the policy void, treating it as if it had never existed without any refund of premium; and

c) recover any sums that we have already paid under the policy in respect of the claim and any previous claims.

We may also inform the police of the circumstances.

9 Number of Vehicles

If the number of Vehicles upon which the premium has been calculated changes you

must advise us immediately.

11 Misrepresentation and nondisclosure

The contract of insurance is formed on the reliance of information which you

provide to us. You must not make any statement which is incorrect.

If you make any statement which is incorrect we will at our option, either

a make your policy void from the date of formation of the contract or

b refuse to pay your claim.

12 Contracts (Rights of Third Parties) Act

The parties of this contract do not intend that any clause or term of this contract should be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person who is not party to this contract 35

Making a Complaint

AXA Insurance aims to provide the highest standard of service to every customer.

If our service does not meet your expectations we want to hear about it so we can try to put things right.

All complaints we receive are taken seriously. Following the steps below will help us understand your concerns and give you a fair response.

How to make Your complaint

The majority of complaints can be resolved quickly and satisfactorily by the department you are dealing with. If your complaint relates to a claim on your policy, please contact the department dealing with your claim. If your complaint relates to anything else, please contact the agent or AXA office where your policy was purchased. Telephone contact is often the most effective way to resolve complaints quickly.

Alternatively you can write to us at

AXA Insurance

Commercial complaints

AXA House 4 Parklands Lostock Bolton

BL6 4SD

Tel: 01204 815359

Email: commercial.complaints@axa-insurance.co.uk

When you make contact please tell us the following information:

▪ Name address and postcode, telephone number and e-mail address (if you have one).

▪ Your policy and / or claim number, and the type of policy you hold.

▪ The name of your insurance agent / firm (if applicable).

▪ The reason for your complaint.

Any written correspondence should be headed ‘COMPLAINT’ and you may include copies of supporting material.

Beyond AXA

Should you remain dissatisfied following our final written response, you may be eligible to refer your case to the Financial Ombudsman Service (FOS).

The FOS is an independent body that arbitrates on complaints about general insurance products. The FOS can only consider your complaint if we have given you our final decision.

You have six months from the date of our final response to refer your complaint to the FOS. This does not affect your right to take legal action. 36

Financial Ombudsman Service

Exchange Tower, Harbour Exchange Square, London, E14 9SR

Tel: 0800 023 4567*

Tel: 0300 123 9123**

Fax: 020 7964 1001

Email: complaint.info@financial-ombudsman.org.uk

Web: www.financial-ombudsman.org.uk

* free for people phoning from a ‘fixed line’ (for example, a landline at home)

** free for mobile-phone users who pay a monthly charge for calls to numbers starting 01 or 02

Our promise to you

We will

▪ Acknowledge written complaints promptly

▪ Investigate your complaint quickly and thoroughly

▪ Keep you informed of progress of your complaint

▪ Do everything possible to resolve your complaint

▪ Learn from our mistakes

▪ Use the information from complaints to continuously improve our service

Telephone calls may be monitored or recorded

Financial Services Compensation Scheme (FSCS)

AXA Insurance UK plc are covered by the Financial Services Compensation Scheme (FSCS). You may be entitled to compensation in the unlikely event we cannot meet our obligations to you. This depends on the type of insurance, size of the business and the circumstances of the claim. Further information about the compensation scheme arrangements is available from the FSCS (www.fscs.org.uk)

Legal and tax advice complaints

Legal advice services

If you have a complaint about the telephone legal or tax advice services you should contact Arc Legal Assistance Ltd who will liaise with Irwin Mitchell Solicitors:

Arc Legal Assistance Ltd

The Gatehouse, Lodge Park

Lodge Lane

Colchester

Essex

CO4 5NE

Tel: 0844 770 9000

If you are unhappy with the written response from Arc Legal Assistance Ltd, you may contact the Legal Ombudsman at:

PO Box 6806 37

Wolverhampton

WV1 9WJ

Tel: 0300 555 0333

Web: www.legalombudsman.org.uk

The Legal Ombudsman will only consider matters which have been submitted to it within the earliest of the following timescales:

a) within one year from the act/omission complained of

b) within one year from when the client should reasonably have known there was cause for a complaint, without taking advice from a third party and;

c) within six months of the client receiving a written reply from Arc Legal Assistance Ltd concerning the complaint.

AXA Insurance UK plc Registered in England and Wales No 78950.

Registered Office: 20 Gracechurch Street, London EC3V 0BG. A member of the AXA Group of companies. AXA Insurance UK plc is authorised by the Prudential Regulation Authority and regulated by the Financial Conduct Authority and the Prudential Regulation Authority. Telephone calls may be monitored and recorded.