Warranties

We stress the importance of the term 'warranty' in a policy of insurance whether a Hull or P&I policy.

我们强调不论在船壳险还是在保赔险保单中，“保证”条款是很重要的。

Not many shipowners realise the importance of this term and the serious consequences of its breach which are as follows.

许多船东都没有意识到这个条款的重要性和违反该条款的严重后果，如：

1) An insurer is discharged from liability from the date of breach of a warranty. However the insurer is liable for claims prior to the date of breach.

1) 保险公司在违反保证条款之日起解除责任。但是在违约以前保险公司仍有赔偿责任。

2) The consequences of the breach are unaffected by the fact that the warranty is not material to the risk.

2) 如保证与风险事故无关则不受影响。

3) It is no use if the breach has been remedied and warranty complied with before the loss has occurred.

3) 在损失发生之前已经纠正违约行为则不受影响。

Many warranties in the Hull insurance policy are usually specifically stated and they are more onerous than the warranties under the P&I cover.Examples are premium payment warranty and survey warranty.

许多在船壳险保单里的保证条款总是规定明确的，比在保赔险保单里的保证条款更繁多。例如支付保费保证和检验保证。

The warranties in a P&I cover are not specifically stated in the entry certificate, and reference has to be made to the rule book. Reference to the rule book to locate the warranties can be difficult, but the following are usually deemed to be warranties which are also implied warranties under the Hull cover :

保赔险保单里的保证条款在入会证书里规定并不明确，需要参照协会规则书。在规则书中查找保证条款是很难的，但以下几点通常被认为是保证条款，在船壳险中也含有此种保证条款。

a) Vessel is class maintained
a) 船舶应保持船级

b) Vessel is ISM certified
b) 船舶有ISM认定

c) Vessel complies with all flag state regulations and all international IMO regulations.
c) 船舶要符合船旗国的规定和所有国际海事组织规则。