Terms and Conditions

P.O. Box 988 
Fort Wayne, IN 46801 

Tel:1 260-429-3009

Toll Free:1 800-470-2851 Option #4 (8am-5pmEST)

Fax:1 260-429-3461

E-mail: claimssupport@sirva.com

DETAILED INTERNATIONAL TRANSIT PROTECTION PLAN - TERMS AND CONDITIONS

Household Goods & Personal Effects:

VOYAGES:

• From the residential address at any location anywhere in the world of any Owner for whom the Movers have undertaken to move the subject matter whilst in store and then to the client's residential address anywhere in the world, including loading and unloading, packing and unpacking by the Movers
• And whilst proceeding to and from and whilst at repairers providing: all liability except liability for damage to the property is excluded absolutely
• excludes any self-propelled plant or machinery whilst under power; and
• there is no local legal requirement to compulsorily insure (even for third party liability)

THE PROPERTY:
Household goods and personal effects, motor vehicles, boats, motor cycles and trailers

• excluding precious stones or metals, jewelry including watches and trinkets, coins, money, securities, stamps, deeds, foodstuffs, medicines, drugs, liquids, plants, or any living thing, perishable or corrosive goods, paints, pressurized containers;
• data on electronic disk or tapes and / or other optical storage devices, but limited to $100 or the equivalent anyone storage device and subject to evidence of its value. Where licensed software is lost or damaged, this Protection Plan is limited to the cost of replacement media on the production of evidence of the license;
• any goods packed by the Owner are not covered for loss, breakage, scratching, denting, chipping, staining or tearing , unless directly caused by fire or earthquake or volcanic eruption, or an accident to the carrying conveyance

BASIS OF VALUATION
Replacement value as new at destination not exceeding the agreed value as stated on the Protection Plan Form or Valued Inventory.

BASIS OF SETTLEMENT
We are entitled at our option to repair or replace any property lost or damaged (whether wholly or in part) or pay cash not exceeding the value of that damaged or lost property. We may also require proof of ownership and / or value of any items claimed. The cost of repairs is limited to the reasonable cost of repairs. Indemnity in respect of documents including data on electronic disks and tapes and/or other optical storage devices shall be limited to $100 any one storage device and $100,000 in all any one customer. All items which are replaced, or for which the full current market value has been paid, become property of the carrier.

TRANSIT PROTECTION PLAN DEFINITION:

• This Transit Protection Plan covers the accidental physical loss or accidental physical damage to the property, providing always that Protection Plan charges have been paid, except as provided in this wording.
• This Protection Plan covers General Average and salvage charges, adjusted or determined according to the contract of affreightment and/or the governing law and practice, incurred to avoid or in connection with the avoidance of loss from any cause except those excluded elsewhere in this wording.
• This Protection Plan is extended to cover the Owner against such proportion of liability under the contract of affreightment "Both to Blame Collision" Clause as is in respect of a loss recoverable hereunder. In the event of any claim by shipowners under the said Clause you agree to notify us and we shall have the right, at our own cost and expense, to defend you against such claim

EXCLUSIONS
In no case shall this Protection Plan cover:

1. any loss or damage or expense that is attributable to willful misconduct of you
2. any loss or damage that is reasonably attributable to:
   1. perishable or corrosive goods, paints, or pressurized containers;
   2. wear and tear or leakage or loss of weight or volume or gradual or natural deterioration;
   3. the nature of the item or any defect or inherent characteristic, making the item susceptible to damage due to normal transit handling including but not limited to vibration or temperature or humidity;
   4. vermin or insects including but not limited to moths or woodworm;
   5. rust oxidation or discoloration including resultant staining unless caused by the entry of fluid water solely as a result of that water entering the carrying conveyance. (Only for the purposes of this specific rust oxidation or discoloration exclusion, 'carrying conveyance' includes the entry of fluid water into a shipping container or any similar shipping unit);
   6. any delay;
   7. any confiscation or detention of property by customs or other officials or authorities, or any arrest seizure or restraint by any third party (forcible theft and piracy excepted);
   8. war or civil war, revolution or rebellion or insurrection and any associated civil strife, or any hostile act by or against a belligerent power, unless the property insured is loaded on board an ocean cargo vessel or international aircraft;
   9. a politically motivated act or act of terrorism, when the property insured is in store
   10. any effect of moisture that causes mold or mildew or any deterioration, that is reasonably attributable to either daily transit temperature change or water condensation or moisture held and released by ambient air. The mold and mildew exclusion can be deleted by purchasing additional coverage or selecting the gold plan option .
3. any electrical or mechanical or electronic derangement unless there is visible evidence of external damage to the packaging or item. This exclusion will apply unless such items are individually declared for their full replacement value at destination in the special section within the Protection Plan Proposal Form; (This Mechanical and Electrical exclusion can be deleted by purchasing additional cover or by selecting the gold plan option: see the Protection Plan Proposal Form).
4. any loss or damage to the collective or special value or status of any pair or set or natural grouping of items where there is a recoverable loss or damage to one or more items of that set or pair or collection . Repair is limited to the repair of the affected item or replacement to its proportionate value . This exclusion will apply unless such pair or set or natural grouping of items are individually declared for their full replacement value at destination in the special section within the Protection Plan Proposal Form; (A pair or set includes any grouping, including furniture e.g. sets of chairs, matching bed / mattress / headboard; ornaments; cutlery. This Pairs and Sets exclusion can be deleted by purchasing additional cover or by selecting the gold plan option: see the Protection Plan Proposal Form.)
5. any loss damage or expense that is reasonably attributable to:
   1. ionising radiations from or contamination by radioactivity from any nuclear fuel or from any nuclear waste or from the combustion of nuclear fuel;
   2. the radioactive, toxic, explosive or other hazardous or contaminating properties of any nuclear installation or reactor or any nuclear assembly or nuclear component;
   3. any weapon of war (whether by use or not) employing atomic or nuclear fission and / or fusion or other like reaction or radioactive force or matter;
6. any loss expense liability or injury consequential to the physical loss or physical damage to item(s) . This exclusion includes, but is not limited to:
   1. any depreciation in value arising from any action of repair or cleaning or restoration;
   2. any loss of or diminution of function or appearance;
   3. any living expense;
7. any loss of or damage to any motor vehicles, boats, and motor cycles and trailers:
   
   1. whilst being towed or driven under its own power, except while being driven by a driver authorized by the Movers or their agents;
   2. caused by scratching denting or marring unless the Mover and the Owner both agree and sign a 'Certificate of Condition' or similar document prior to shipment which states the condition prior to transit;
   3. to goods packed in motor vehicles, boats, motor cycles and trailers;
   4. to any non-factory installed accessories installed on or in motor vehicles, boats, motor cycles and trailers unless specifically declared and valued on the Proposal form

PROTECTION PLAN (AVERAGE) CLAUSE This Policy is subject to the condition of average. If the value of the goods at the time of loss be of greater value than the value declared on the Proposal Form, the following shall apply:

• in the case of a total loss of all the property, average shall not apply;
• in the case of partial loss, the maximum amount that may be recovered will bear the same proportion to the actual loss as the value declared on the Proposal Form bears to the full replacement value as new at destination of all the property;
• whatever the loss, in no case will the recovery be more than the amount for which the property is declared. (Example: The full replacement value of the property as new at destination is $20,000. However, it was declared as $10,000. A loss is suffered of $5,000. As this increased valuation is "Subject to the condition of average" the maximum amount that may be recovered will be $2,500.)

STORAGE CLAUSE
This Protection Plan includes storage protection for a total of 90 days at origin and/or destination per transit at an approved warehouse

CLAIMS INSTRUCTIONS

• You must note any missing items / cartons / units on the delivery docket at the time of delivery
• You must tell us, in writing, within 30 days following the delivery of your goods about any items that are either lost or damaged. If you do not advise us within 30 days about any item that is lost or damaged we will not pay that part of your claim.
• You must do everything reasonable to mitigate the loss. For example, you must separate and dry wet items
• Please have all your documentation ready to present to the Claims Office, their representative or agent or any independent survey or. If you take photographs of the damage, this will assist in processing your claim. Do not dispose of any damaged items as this may prejudice your claim

If you do not contact the Claims Office shown in this section, you may prejudice your right to claim. If you delay reporting we have the right to decline your claim because our ability to investigate the loss has been prejudiced.

APPLICABLE LAW
You are free to choose the law applicable to the Protection Plan contract. Unless specifically agreed to the contrary this Protection Plan contract shall be subject to English Law.

CLAIMS OFFICE

P.O. Box 988
Fort Wayne, IN 46801
Tel:1 260-429-3009
Toll Free:1 800-470-2851 Option #4 (8am-5pmEST)
Fax:1 260-429-3461
E-mail: claimssupport@sirva.com