Page 128 - Agriculture Policy Wording Binder

Products liability – North American jurisdiction extension clause
In consideration of the payment of an additional premium and subject otherwise to the Terms, Conditions and Limitations, the following changes are made to this Section of the Policy in respect of “injury” or “damage” (as insured by the Products Liability Extension) which results from goods or products exported to countries which operate under the laws of the United States of America or Canada (or to any order made anywhere in the world to enforce such judgement, award or settlement either in whole or in part);
PROVIDED THAT:
1. Specific Exceptions 11.1 and 11.2 of Sub-Section 1 shall still apply
2. in respect of these goods or products (other than raw materials), the Insured shall:
2.1 implement and maintain a system in terms of which these goods or products can be clearly identified by batch number or serial number or date stamp or other similar manner
2.2 note and maintain a record of the date on which the actual goods or products were first put into circulation.
This record shall be maintained so as to provide the required detail for a minimum period of 10 (ten) years after the goods or products were first put into circulation.
3. The information mentioned in 2 above, together with all supporting documentation, shall be made available to the Company or their nominee at any time on request;
PROVIDED THAT:
indemnity in terms of this Extension does not apply to any actual or alleged violation
1. of any responsibilities, obligations or duties imposed by the Employee Retirement Income Security Act of 1974 or any amendments thereto
2. of any of the provisions of the Security Act of 1933, the Securities Exchange Act of 1934 or similar federal or state law or any common law relating thereto
3. of the Racketeer influenced and Corrupt Organisations Act 18 USC Section 1961 et seq and any amendments thereto or any rules or regulations promulgated thereunder;
PROVIDED FURTHER THAT:
1. the Insured shall be responsible for the First Amount Payable of 15% (fifteen percent) of claim with a minimum of R25 000 (twenty five thousand rand) or the amount stated in the Schedule, whichever is the greater, in respect of each and every occurrence
2. the amount payable in terms of this Extension inclusive of any legal costs recoverable from the Insured by any 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 limit of indemnity for this Extension stated in the Schedule
3. Point 2 applicable to the Geographical Limits (applicable to Products Liability only) is cancelled.
Additional Specific Exceptions (Applicable to Products Liability – North American Jurisdiction Clause) 1. North American operations clause
This Extension will not indemnify the Insured in respect of liability for damages, compensation, interest, costs, expenses or payments of whatsoever nature in connection with any demand, claim or proceeding made or brought within the legal jurisdiction of the United States of America (USA) or Canada.
However, subject otherwise to the terms and conditions of the Extension, this Exception shall not apply in respect of:
1. Products liability of the Insured and any sales offices or distribution but only in respect of the Insured’s products manufactured outside the USA or Canada;
Combined Liability (Claims-made Basis)
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Policy Wording – Agriculture – Binder – Version 2 2023