Page 121 - Agriculture Policy Wording Binder
P. 121

 Combined Liability (Claims-made Basis)
 or provision of operating instructions prior to sale to the Insured's original customers, nor include any enhancement, amendment or alteration to the product;
3.2 arising from inefficacy or failure to conform to specification, unless such inefficacy or failure is due to negligence in the following of such specification;
4. arising from goods or products intended to be installed and installed in, or intended to form part of and forming part of, an aircraft;
5. in respect of injury or damage happening in the United States of America or Canada caused by or through or in connection with any goods or products sold or supplied by or to the Insured, if such goods or products have, to the Insured's knowledge, been exported to the United States of America or Canada by or on the Insured's behalf.
CLAUSES AND EXTENSIONS (applicable to Sub-Section 2 – Products Liability only)
Subject to all the Terms, Exceptions, Conditions and Endorsements relating to this Sub-Section of the Policy, the Insured will be indemnified as below. The total of all payments made under these Extensions will be part of and not in addition to the Limit of Liability. The Extensions are also subject to the first amount payable as stated in the Schedule.
Automatic acquisitions
The indemnity afforded by this Sub-Section of the Policy will apply automatically to all operations including premises acquired, established or created during the period of insurance;
PROVIDED THAT:
1. the Insured notifies the Company in writing with full underwriting information:
1.1 within 90 (ninety) days for new acquisitions where annual turnover is not more than 15% (fifteen percent) of the Insured’s last published annual turnover figure and there is no material alteration to the business or risk;
1.2 as soon as practicable for new acquisitions other than as detailed in 1.1 above;
1.3 at the beginning of any new period of insurance if this is earlier than 1.1 or 1.2 above;
2. turnover for the any new acquisitions will be declared in accordance with Specific Policy Condition 7 where this Sub-Section of the Policy is written on an adjustable basis;
3. the Company reserves the right to:
3.1 establish a separate rate and premium and if appropriate terms where the Sub-Section of the Policy is written on a nonadjustable basis and the total annual turnover of the new acquisitions represents an increase in turnover greater than 15% (fifteen percent) of the estimate provided at the beginning of the period of insurance; or
3.2 accept or deny coverage at the time of notification and to establish a separate rate and premium and if appropriate terms for any such coverage where the new acquisition represents a material alteration to the business or risk.
DEFECTIVE WORKMANSHIP
The Company will indemnify the Insured in accordance with the Defined Events for:
1. resultant loss of or damage to third party property following defective workmanship to such property worked upon in connection with the business;
2. 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 as stated in the Schedule.
SPECIFIC EXCEPTIONS (applicable to Sub-section 2 – Defective Workmanship only)
Notwithstanding anything to the contrary contained within this Policy, the Company will not indemnify the Insured under this Sub-Section against liability:
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