This Policy and the Schedule shall be read together as one contract and any word of expression to which a specific meaning has been attached in any part of this Policy or of the Schedule shall bear such specific meaning wherever it may appear.
The Company shall be immediately notified by contacting our accident hot line 0112428428 of the occurrence of any accident, loss or damage which may give rise to a claim under this Policy and shall submit all documentation requested by the Company not later than 15 days from the date of such accident, loss or damage or within such time as the Company may allow. Every Letter, Claim, Writ, Summons and/ or process shall be forwarded to the Company immediately on receipt by the Insured. Notice shall also be given in writing to the Company immediately. The Insured shall have knowledge of any impending prosecution in respect of any occurrence which may give rise to a claim under this Policy. In case of theft or other criminal act which may be the subject of a claim under this Policy the Insured shall give immediate notice to the police and co-operate with the Company in securing the conviction of the offender.
No admission, offer, promise, payment or indemnity shall be made or given by or on behalf of the Insured without the written consent of the Company, which shall be entitled if it so desires to take over and conduct in the name of the Insured the defense or settlement of any claim or to prosecute in the name of the Insured for its own benefit any claim indemnity or damages or otherwise, and shall have full discretion in the conduct of any proceedings or in the settlement of any claim, and the Insured shall give all such information and assistance Company may require.
The Company may at its own option repair, reinstate or replace the Motor Car described in the Schedule or any part thereof and/or its accessories or spare parts, or may pay in cash the amount of the loss or damage, and the liability of the Company shall not exceed the actual value of the parts damaged or lost plus the reasonable cost of fitting, and shall in no case exceed the estimated of the value of such Motor Car (including accessories and spare parts) specified in the Schedule, or the Market Value of such Motor Car (including accessories and spare parts) at the time of the loss or damage, whichever is the less.
The Insured shall take all reasonable precautions to safeguard from loss or damage and to maintain in efficient condition any Motor Car described in the Schedule, and the Company shall have at all times free and full access to examine such Motor Car or any part thereof or any driver or employee of the Insured. In the event of any accident or breakdown such Motor Car shall not be left unattended without proper precautions being taken to prevent further loss or damage, and if such Motor Car be driven before the necessary repairs are affected any extension of the damage or any further damage to such Motor Car shall be entirely at the Insured’s own risk.
The Company may cancel this Policy by sending seven days’ notice by registered letter to the Insured at his last known address, and in such event, will return to the Insured the premium paid less the pro rata portion thereof for the period the Policy has been in force, or the Policy may be cancelled at any time by the Insured on seven days’ notice, and provided that all current Certificates of Insurance have been returned to the Company and that no claim(s) has/have arisen during the, then current Period of Insurance, the Insured shall be entitled to a return premium less premium at the Company’s short period rates for the period the Policy has been in force.
If at the time any claim arises under this Policy there is any other existing Insurance covering the same loss, damage or liability, the Company shall not be liable to pay or contribute more than its ratable proportion of any loss, damage, compensation, costs or expenses, provided always that nothing in this Condition shall impose on the Company any liability from which but for this Condition it would have been relieved under proviso 3(a) of Section II of this Policy.
If any difference shall arise under this Policy, such difference shall be referred to the decision of a sole Arbitrator by the consent of the parties or if they cannot agree upon a single Arbitrator to the decision of two Arbitrators one to be appointed in writing by each of the parties within one calendar month after having been required in writing so to do by either of the parties or in case the Arbitrators do not agree of an Umpire appointed in writing by the Arbitrators before entering upon the reference. The Umpire shall sit with the Arbitrators and preside at their meetings and the making of an Award shall be a condition precedent to any right of action against the Company. If the Company shall disclaim liability to the Insured for any claim hereunder and such claim shall not within twelve calendar months from the date of such disclaimer have been referred to arbitration under the provisions herein contained then the claim shall for all purposes be deemed to have been abandoned and shall not thereafter be recoverable hereunder.
The due observance and fulfilment of the Terms, Conditions and Endorsements of this Policy in so far as they relate to anything to be done or complied with by the Insured and the truth of the statements and answers in the said proposal shall be conditions precedent to any liability of the Company to make any payment under this Policy.
If the claim is in any respect fraudulent or if any fraudulent means, devices or documents be used by the Insured or anyone acting on his behalf to obtain any benefit under this Policy or if any loss or damage is occasioned by the willful act of the Insured or with the connivance of the Insured, all benefits under this Policy shall be forfeited.
Any material information which may alter the risk covered by this policy shall be notified forthwith to the Company. Failure to disclose such information may result in:
a claim being repudiated or reduced
the policy being rendered invalid
the terms of the policy being revised
It is hereby certified that the Stamp duty shown in the Schedule of the Policy payable in respect of this instrument has been compounded in terms of Section 13 of the Stamp Duty Act.
The expressions “Period of Cover” and “Cover Period” shall bear the same meaning as Period of Insurance, wherever they may appear.