Page 119 - Agriculture Policy Wording Binder

Combined Liability (Claims-made Basis)
13. Statutory legal defence costs
The Company will pay legal costs incurred by the Insured or at the Insured’s request by any director, partner (where the Insured is a partnership) or employee of the Insured for the defence of a prosecution (including an appeal against a conviction) for a breach of statute or amending legislation with similar intent enacted within South Africa, committed or alleged to have been committed during the period of insurance in the course of the business;
PROVIDED
1. the
2. the
3. the
4. the
4.1 4.2 4.3
THAT:
prosecution arises out of an event which is the subject of this Sub-Section; Company will not be liable for fines or penalties of any kind;
Insured is not entitled to indemnity under any other Policy;
proceedings are not consequent upon any deliberate act or omission by:
the Insured;
any director or partner of the Insured;
any employee with any specific responsibility for compliance with any legislation which could reasonable have been expected to constitute a breach of the said legislation.
5. the
(two hundred and fifty thousand rand) in the aggregate any one period of insurance. The Insured shall be responsible for the first R2 500 (two thousand five hundred rand) each and every claim.
Company will not pay more than R150 000 (one hundred and fifty thousand rand) per event or R250 000
Additional cover may be purchased in which case the limit stated in the Schedule will be over and above the automatic cover provided.
14. Warehouseman’s liability (Wine and Related Products only)
Notwithstanding anything to the contrary contained in Specific Exception 1, 2 applicable to Public Liability and/or 3 applicable to Sub-Section 1 and 2 the Company will indemnify the Insured in accordance with the Defined Events for Liability arising out of their activities (to be specifically stated in the Schedule) as Wine Cellar, Wine Estate, Wine Producers and/or Bottlers including service providers and storage operators of wine and related products following upon negligence.
It is further declared and agreed that this Extension will be subject to the following conditions:
14.1 it is warranted that every client/organisation of the Insured will sign a contract with the Insured containing specific conditions relating to the handling of such wine and wine related products in respect of every undertaking or series of undertakings by the Insured involving warehousing by, retaining, storing and/ or processing and/or maintenance of third party property whilst in the custody and under control of the Insured
14.2 cover shall not include loss or damage to third party property by any peril insured or insurable in terms of any other Section(s) of this Policy or insurable in terms of a separate Machinery Breakdown Policy or a separate Deterioration of Stock following a Machinery Breakdown Policy or a separate Loss of Profits following a Machinery Breakdown Policy;
PROVIDED THAT:
1. property shall only be accepted by the Insured for storage or for any other purpose as stated above if the client/organisation requesting the retaining, storage and/or processing and/or maintenance thereof has agreed to the terms and conditions contained in such contract with the Insured by properly signing and dating these terms and conditions
2. a specimen copy of such contracted terms and conditions must be made available to the Company on request
3. if the property of clients or organisations are delivered for purposes of storage and/or processing prior to the inception date of this Extension then the onus is on the Insured to prove that any loss or damage to such property occurred subsequent to the inception date
4. the Insured shall at all times display notices in prominent positions on his/her/their premises disclaiming liability for loss of or damage to property
Policy Wording – Agriculture – Binder – Version 2 2023 Page | 117