TIMES TRADING CO. 出口一批石英鐘至南非,貿易條件CIF,經TIMES公司驗貨後,裝船運往目的地,而抵達目的地(提貨後),由於氣候乾燥致使鐘框發生龜裂,無法銷售,此因係鑲框部份乾燥度不夠,致使在高溫之目的地發生裂痕現象,而當初L/C上並無記載需乾燥度檢驗報告,所以TIMES公司已押匯取得貨款
Replacement Clause:
Used mainly in insurances on machinery as cargo, the clause provides that in respect of damage the insurer’s?liability shall be limited to replacing and fitting the broken part. This prevents the assured from claiming a total loss on the grounds of “loss of species”. Such a claim being based on the assured’s? contention that he is unable to use the machine for the purpose for which it was intended.
Good Faith之意義是:
Since the insurer and assured seldom meet and the property insured is not in a position where the insurer can examine it, marine insurance must be based on “Good Faith”. The Marine Insurance Act provides that the utmost good faith must be observed by both parties and if it is not so observed the aggrieved party may avoid the contract. The insurer accepts in good faith what is told him when the insurance is effected. If it turns out to be materially untrue the insurer may avoid the contract and repudiate all claims.