Page 120 - Agriculture Policy Wording Binder

5. the Insured shall be responsible for the First Amount Payable of 10% (ten percent) of each and every claim with a minimum of R5 000 (five thousand rand) or the amount stated in the Schedule whichever is the greater.
Additional Specific Exceptions applicable to warehouseman’s liability (wine and related products only)
The Company shall not be liable for:
1. loss of any goods due to the dishonest act of any employee of the Insured
2. mechanical or electrical derangement unless accompanied by other physical damage
3. loss or damage caused by dampness, mildew, rust, wear and tear, gradual deterioration, moths, vermin, termites, insects or inherent vice
4. delay, loss of market, consequential loss or damage of any kind, depreciation, deterioration or change brought by any natural causes.
The amount payable under this Extension, inclusive of any legal costs recoverable from the Insured by a claimant or any number of claimants, and all other costs and expenses incurred with the Company’s consent, for any one event or series of events with one original cause or source or during any one (annual) period of insurance, shall not exceed in the aggregate the sum of R250 000 (two hundred and fifty thousand rand) or the amount in the Schedule, whichever is the greater.
SUB SECTION 2 – PRODUCTS LIABILITY AND DEFECTIVE WORKMANSHIP LIABILITY PRODUCTS LIABILITY
The Company will indemnify the Insured in respect of defined events happening anywhere within the Geographical Limits as defined below, elsewhere than at premises occupied by the Insured, and caused by goods or products (including containers and labels) sold or supplied (including wrongful delivery and delivery of incorrect goods) by the Insured in connection with the business.
The limit of indemnity under this Sub-Section shall not exceed R5 000 000 (five million rand) any one event or the amount stated in the schedule, inclusive of any legal costs recoverable from the Insured by a claimant or any number of claimants, and all other costs and expenses incurred with the Company’s consent, for any one event or series of events with one original cause or source or during any one (annual) period of insurance, will not exceed in the aggregate the limit of indemnity for this Sub-Section stated in the Schedule.
Geographical limits (applicable to Products Liability only)
For the purposes of this Sub-Section:
1. the Republic of South Africa, Namibia, Botswana, Lesotho, Eswatini (formerly Swaziland), Zimbabwe, Zambia, Mozambique and Malawi or in connection with Offshore work within the Continental Shelf around those countries;
2. elsewhere in the world excluding United States of America and/or Canada and/or their possessions or protectorates but only in connection with the business carried on by the Insured at or from any premises situated in any of the countries specified in 1. above.
SPECIFIC EXCEPTIONS (applicable to Sub-Section 2 – Products Liability only)
Notwithstanding anything to the contrary contained within this Policy, the Company will not indemnify the Insured under this Sub-Section against liability:
1. for the cost of repair, alteration, recall or replacement of the goods or products (including containers and labels) causing injury or damage;
2. for the cost of demolition, breaking out, dismantling, delivery, rebuilding, supply and installation of the goods or products (including containers and labels) and any other property essential to such repair, alteration or replacement unless physically damaged by the goods or products;
3. 3.1 arising from defective or faulty design, formula, plan or specification, but if the Insured is a retailer this specific exception does not apply if the Insured's activities are wholly restricted to sales, distribution and/or marketing (including any marketing advisory service accompanying the products) of the product, and the Insured's activities do not include final preparation which means repackaging, packing, labeling, cleaning
Combined Liability (Claims-made Basis)
Page | 118 Policy Wording – Agriculture – Binder – Version 2 2023