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Stamp Duty Paid
RHB Insurance Berhad (38000-U)
Y/PGL/102016
WHEREAS the Insured named and described in the
Schedule hereto has applied to RHB INSURANCE BERHAD
(hereinafter referred to as "the Company") by a written
proposal and declaration which shall be the basis of this
contract and is deemed to be incorporated herein and has
paid or agreed to pay the Premium stated in the aforesaid
Schedule as consideration for such insurance hereinafter
provided
NOW THIS POLICY WITNESSETH that during the Period of
Insurance or during any further period for which the
Company may accept payment for the renewal of this
Policy and subject to the Terms Exceptions Provisions
Limits and Conditions contained herein or endorsed
hereon or otherwise expressed hereon (hereinafter
collectively referred to as the Terms of this Policy)
provided any of the glass situated at the premises as
described in the Schedule shall be broken, the Company
shall:-
(1) replace such broken glass with glass of similar
manufacture or quality or at the option of the
Company pay to the Insured an amount equivalent to
the cost of such replacement or the sum insured
should such be stated in the Schedule
(2) pay the cost necessarily incurred in boarding up the
aperture caused by such breakage for which the
Company is liable hereunder.
PROVIDED that the word "breakage" shall not include any
disfiguration or damage other than fracture extending
through the entire thickness of the glass.
EXCEPTIONS
This Policy does not cover
(a) breakage or damage of glass due to dilapidation of
frames or framework.
(b) breakage of or damage to frames or framework of
any description
(c) the cost of removal or replacement of any fittings or
fixtures or other obstructions.
(d) breakage of glass in conservatories greenhouse or
outbuildings
(e) breakages arising during removal or alterations to
premises.
(f) cracked or imperfect glass unless specially declared as
such and specially included in the Schedule.
(g) damage to or breakage of writing, painting,
ornamentation or alarm tapes unaccompanied by the
breakage of glass even when such items are
specifically included in the Schedule
(h) glass which have already been broken or damaged at
the commencement of this insurance.
(i) breakage or damage happening while the Premises
are occupied for any purpose other than the Business
or while the Premises are untenanted
(j) any consequential loss
(k) any consequence of fire, explosion, lightning
subterranean fire, earthquake, storm, tempest,
hurricane, cyclone, tornado, windstorm, flood,
volcanic eruption or natural hazard of any kind.
(l) any loss or damage occasioned by or through or in
consequence directly or indirectly caused by any of
the following occurrences, namely:-
i) war, invasion, act of foreign enemy, hostilities or
warlike operations (whether war be declared or
not), civil war;
ii) mutiny, riot, strike, civil commotion, military or
popular rising, insurrection, rebellion,
revolution, military or usurped power;
iii) any act of terrorism
For this purpose an act of terrorism means an
act including but not limited to the use of force
or violence and/or the threat thereof, of any
person or group(s) of persons, whether acting
alone or on behalf of or in connection with any
organization(s) or government(s), committed for
political, religious, ideological or similar
purposes including the intention to influence
any government and/or to put the public, or any
section of the public, in fear;
iv) martial law or state of siege or any of the events
or causes which determine the proclamation or
maintenance of martial law or state of siege;
v) delay, seizure, confiscation, commandeering,
requisition, compulsory sale (whether under
Statute or otherwise) detention, nationalization
or destruction of or damage to property by or
under the order of any government de jure or de
facto, public or local authority.
Any loss or damage happening during the existence of
abnormal conditions (whether physical or otherwise)
which are occasioned by or through or in
consequence, directly or indirectly, of any of the said
occurrences shall be deemed to be loss or damage
which is not covered by this insurance, except to the
extent that the Insured shall prove that such loss or
damage happened independently of the existence of
such abnormal conditions.
In any action, suit or other proceeding where the
Company alleges that by reason of the provisions of
this exception any loss or damage is not covered by
this insurance, the burden of proving that such loss or
damage is covered shall be upon the Insured.
(m) interruption or delay or loss of business or damage of
any kind occurring during the time intervening
between the occurrence of a breakage and a
replacement of the glass
(n) loss or destruction of or damage to any property
whatsoever or any loss or expense resulting or arising
therefrom or any consequential loss directly or
indirectly caused by or contributed to by or arising
from:-
i) ionizing radiation or contamination by
radioactivity from any nuclear fuel or from
nuclear waste from the combustion of nuclear
fuel. For the purpose of this exception
combustion shall include any self-sustaining
process of nuclear fission.
ii) nuclear weapons material.
(o) loss destruction or damage directly occasioned by
pressure waves caused by aircraft or other aerial
GLASS INSURANCE POLICY
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devices travelling at sonic or super-sonic speeds.
(p) the excess being the first amount of Ringgit Malaysian
as specified in the Schedule in respect of each and
every loss.
CONDITIONS
1. MEANING
This Policy and Schedule shall be read together as one
contract and any word or expression to which a
specific meaning has been attached in any part of this
Policy or Schedule shall bear such specific meaning
wherever it may appear.
2. CONDITIONS PRECEDENT TO LIABILITY
The due observance and fulfillment 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.
3. CHANGES IN RISKS
No claim shall be recoverable hereunder if the
Premises shall become empty or disused or if any
change shall be made in the Premises or Occupation
or in the conditions of the risks as existing at the time
of acceptance unless in any such cases the written
consent of the Company hereto be first obtained.
4. CLAIMS PROCEDURE
Upon the happening of any breakage giving rise or
likely to give rise to a claim under this Policy the
Insured shall:-
(a) give immediate notice thereof in writing to the
Company and unless such notice shall be
received by the Company within fourteen (14)
days of the happening of such breakage the
Company shall be under no liability in
connection therewith
(b) deliver to the Company within thirty (30) days
from the date upon which the breakage came to
his notice, such information as the Company
may require concerning the breakage.
5. OTHER INSURANCE
If at the time of any loss or damage happening to any
property hereby insured, there be any other
subsisting insurance or insurances, whether effected
by the Insured or by any other person or persons,
covering the same property, this Company shall not
be liable to pay or contribute more than its rateable
proportion of such loss or damage.
6. SALVAGE
In the event of breakage for which the Company is
liable the broken glass shall become the absolute
property of the Company as salvage and the Insured
shall take all precautions to prevent further breakage
or loss arising to such salvage and shall allow the
representatives of the Company to have immediate
access thereto and to remove the same or do such
other things as may be necessary for the preservation
thereof.
7. DIMINUTION IN SUMS INSURED
Immediately upon the happening of any loss or
damage to the property insured as described in the
Schedule of this Policy the Total Sum Insured and the
Sum Insured upon the various descriptions of
property which have broken and such reduced Sum
Insured shall be the limits of the Company's liability in
respect of any further losses or damage occurring
during the current Period of Insurance unless the
Company consent upon payment of additional
premium to reinstate the full Sum Insured. In
consideration of the Insured undertaking to pay an
additional premium at the agreed rate on the amount
of loss calculated on a pro-rata basis from the date of
such loss to the expiry of the current period of
insurance, it is agreed that in the event of loss the
Insurance hereunder shall maintain in force for the
full sum insured.
8. SUBROGATION
The Company may at its own expense may proceed
against any person or persons in the name of the
Insured to recover compensation for the loss
sustained by such breakage and the Insured shall give
all reasonable assistance as the Company may
require.
9. CONTRIBUTION
If at the time of any breakage or damage there be any
other insurance effected by or on behalf of the
Insured covering any of the Glass or any other
property which may be insured hereunder, the
Company shall not be liable for more than its rateable
proportion thereof.
10. CANCELLATION
The Company may at any time by giving fourteen (14)
days' notice in writing to the Insured at his last known
address as known to the Company terminate this
Policy as from the expiration of such fourteen (14)
days provided that the Company shall in that event
return to the Insured a proportionate part of the
premium for the unexpired period of Insurance or the
Policy may be cancelled at any time by the Insured
and the Insured shall be entitled to a return of
premium less premium at the Company's customary
short period rates for the period of the Policy has
been in force subject to minimum premium of
RM50/-.
11. ARBITRATION
If any difference arises as to the amount of loss such
difference shall independently of all other question
be referred to the decision of an Arbitrator to be
appointed in writing by the parties in difference, or, if
they cannot agree upon a single Arbitrator, to the
decision of two disinterested persons as Arbitrators,
of whom one shall be appointed in writing by each of
the parties within two calendar months after having
been required so to do in writing by the other party.
In case either party shall refuse or fail to appoint an
Arbitrator within two calendar months after receipt
of notice in writing requiring an appointment, the
other party shall be at liberty to appoint a sole
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Arbitrator, and in case of disagreement between the
Arbitrators, the difference shall be referred to the
decision of an Umpire who shall have been appointed
by them in writing before entering on the reference
and who shall sit with the Arbitrators and preside at
their Meeting. The death of any party shall not revoke
or affect the authority or powers of the Arbitrator, or
Arbitrators or Umpire respectively, and in the event
of the death of an Arbitrator or Umpire, another shall
in each case be appointed in his stead by the party or
Arbitrators (as the case may be) by whom the
Arbitrator or Umpire so dying was appointed. The
cost of the reference and of the award shall be at the
discretion of the Arbitrator, Arbitrators or Umpire
making the award. And it is hereby expressly
stipulated and declared that it shall be a condition
precedent to any right of action or suit upon this
Policy that the award by such Arbitrator, Arbitrators
or Umpire of the amount of the loss if disputed shall
be first obtained. If the Company shall disclaim
liability for any claim hereunder and such claim shall
not within twelve (12) 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.
12. MARKET VALUE
It is hereby agreed that in the event of a loss to the
property insured herein, the limit of indemnity shall
be the insured value or market value of the insured
property, whichever is the lower, subject to
deductions of any excess and amounts which the
Insured is required to bear under the Policy .
For the purpose of this condition, the term market
value shall mean the value of the property insured
herein at the time of damage or loss less due
allowance for betterment, wear and tear and/or
depreciation.
In the event of a dispute, the market value of the
insured property shall for the purposes of this
condition be determined by a valuation obtained by
the Company from the manufacturer, authorized sole
agent or agent, authorized broker or authorized
distributor of the cost of replacement or
reinstatement of the insured property damaged or
lost as it was at the time of the occurrence of such
loss or damage.
In the event that there is, at the time of damage or
loss, no manufacturer, authorized sole agent or
agent, authorized broker or authorized distributor for
the insured property, the valuation shall be obtained
from a Loss Adjuster licensed under the Insurance
Act, 1996 and to be mutually appointed by both
parties.
The valuation of the insured property by the
manufacturer, authorized sole agent or agent,
authorized broker or authorized distributor or Loss
Adjuster licensed under the Insurance Act, 1996 shall
be conclusive evidence in respect of the market value
of the insured property in any legal proceedings
against the Company.
13. FRAUD
If the proposal or declaration of the Insured is untrue
in any respect or if any material fact affecting the risk
be incorrectly stated therein or omitted therefrom or
if this Insurance or any renewal thereof shall have
been obtained through any misstatement
misrepresentation or suppression or if any claim
under this Policy shall be in any respect fraudulent or
if any fraudulent means or devices are used by the
Insured or anyone acting on his behalf to obtain any
benefit under this Policy, all benefits under this Policy
shall be forfeited.
WARRANTIES / CLAUSES
(This Policy is subject to the following warranty and
clauses)
PWE PREMIUM WARRANTY
It is a fundamental and absolute special condition
of this contract of insurance that the premium
due must be paid and received by the Company
within sixty (60) days from the inception date of
this Policy/Endorsement/Renewal Certificate.
If this condition is not complied with then this
contract is automatically cancelled and the
Company shall be entitled to the pro-rata
premium for the period they have been on risk.
Where the premium payable pursuant to this
Warranty is received by an authorized agent of
the Company, the payment shall be deemed to be
received by the Company for the purposes of this
Warranty and the onus of proving that the
premium payable was received by a person,
including an insurance agent, who was not
authorized to receive such premium shall lie on
the Company.
Subject otherwise to the terms, exceptions and
conditions of this Policy.
Y2KE DATE RECOGNITION CLAUSE (WITHOUT SAVINGS
CLAUSE)
It is noted and agreed this policy is hereby
amended as follows:-
A. The Company shall not pay for any loss or
damage including loss of use with or without
physical damage or any consequential loss
directly or indirectly caused by, consisting of,
or arising from, the failure or inability of any
computer, data processing equipment,
media microchip, operating systems,
microprocessors (computer chip), integrated
circuit or similar device, or any computer
software, whether the property of the
Insured or not, and whether occurring
before, during or after the year 2000 that
results from the failure or inability of such
device and/or software as listed above to:-
1. correctly recognize any date as its true
calendar date;
2. capture, save, or retain, and/or
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correctly manipulate, interpret or
process any data or information or
command or instruction as a result of
treating any date other than as its true
calendar date; and/or
3. capture, save, retain or correctly
process any data as a result of the
operation of any command which has
been programmed into any computer
software, being a command which
causes the loss of data or the inability
to capture, save, retain or correctly
process such data on or after any date.
B. It is further understood that the Company
shall not pay for the repair or modification of
any part of any electronic data processing
system or any part of any device and/or
software as listed above in A.
C. It is further understood that the Company
shall not pay for any loss or damage
including loss of use with or without physical
damage or any consequential loss directly or
indirectly arising from any advice,
consultation, design, evaluation, inspection,
installation, maintenance, repair or
supervision done by the Insured or for the
Insured or by or for others to determine,
rectify or test, any potential or actual failure,
malfunction or inadequacy described in A
above.
D. It is further understood that the Company
shall not pay for any consequential loss
resulting from any continuing inability of the
computer and equipment described in A
above to correctly recognize any date as its
true calendar date after the lost or damaged
property has been replaced or repaired.
Such loss or damage or any consequential loss
referred to in A, B, C or D above, is excluded
regardless of any other cause that contributed
concurrently or in any other sequence to the
same.
Subject otherwise to the terms, exceptions and
conditions of this Policy.
ITH INFORMATION TECHNOLOGY HAZARDS
CLARIFICATION CLAUSE NMA 2912
Losses arising directly or indirectly, out of :
(i)
loss of, alteration of, or damage to or
(ii)
a reduction in the functionality,
availability or operation of a computer system,
hardware, programme, software, data,
information repository, microchip, integrated
circuit or similar device in computer equipment or
non-computer equipment, whether the property
of the Insured or not, do not In and of themselves
constitute one event unless arising out of one or
more of the following perils :
fire, lightning, explosion, aircraft or vehicle
Impact, falling objects, windstorm, hail, tornado,
cyclone, hurricane, earthquake, volcano, tsunami,
flood, freeze of weight of snow.
NOTICE TO POLICYHOLDER
Please examine the insurance Policy to ensure that it
meets your requirement.
To avoid misunderstanding, it is very important that the
Policy, the Schedule and any Endorsements attached
therein be read thoroughly.
If you have any complaints or grievances pertaining to your
policy, please contact your agent, if any or get in touch
with our issuing office. We assure you that your complaints
will be attended to promptly.
For all intents and purposes where there is a conflict or
ambiguity as to the meaning in the Bahasa Malaysia
provisions of any part of the Contract, it is hereby agreed
that the English version of the Contract shall prevail.
As a responsible insurer, we wish to bring your attention
that you could also address your dissatisfaction to
Ombudsman for Financial Services (OFS) or to Bank Negara
Malaysia Customer Service Bureau (CSB) as listed below.
HOW TO LODGE A COMPLAINT
If you are unhappy with any aspect of our service, we
would like to hear from you.
You can make your complaint in whatever form is most
convenient to you either via a phone call to our
receptionist or alternatively, by writing, faxing or e-mailing
your complaint to:
Complaints Handling Unit
RHB Insurance Berhad
Level 12B, West Wing, The Icon
No 1, Jalan 1/68F, Jalan Tun Razak,
55000 Kuala Lumpur
Tel: 1300-220-007
Fax: 03-2163 7277
E-mail : complaints_unit@rhbinsurance.com.my
The Company will seek to respond to your complaint
within fourteen (14) days. If the Company cannot resolve
the matter within the aforesaid time frame when a matter
is complex, you will be informed of the progress made with
your complaint.
It will help the Company to respond promptly if you give
the following details:
1. Your name, address and contact no.
2. Cover note no. / Policy no. / Claim no.
If after taking these steps, you are still dissatisfied, you
may write to:
The Complaints Management Unit
Ombudsman for Financial Services (OFS)
Level 14, Main Block
Menara Takaful Malaysia
No. 4, Jalan Sultan Sulaiman
50000 Kuala Lumpur
Tel: 03-2272 2811
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Fax: 03-2272 1577
E-mail : [email protected].my
Website : www.ofs.org.my
If the Mediator makes an award against the Company, you
are required to inform the Mediator of your decision to
accept or deny the award within fourteen (14) days.
If you do not accept the award, you may reject the decision
of the Mediator. You are free to institute a court
proceeding against the Company or refer it to Arbitration.
Alternatively you may put forward your dissatisfaction over
the conduct of the Company by writing to Bank Negara
Malaysia giving details of your complaint and particulars of
your policy to:
BNMLINK
Corporate Communications Department
Bank Negara Malaysia
P.O. Box 10922
50929 Kuala Lumpur
Tel: 1300-88-5465 (LINK)
Fax: 03-2174 1515
E-mail : bnmtelelink@bnm.gov.my
Website : www.insuranceinfo.com.my
HEAD OFFICE / IBU PEJABAT
CUSTOMER RELATIONSHIP CENTRE /
KAUNTER KHIDMAT PELANGGAN
CALL CENTRE /
PUSAT PANGGILAN
Level 12, West Wing, The Icon,
No.1, Jalan 1/68F,
Jalan Tun Razak,
55000 Kuala Lumpur
Tel : 03 - 2180 3000 Fax : 03 - 9281 2729
Website : www.rhbgroup.com/insurance
Level 1, Tower Three, RHB Centre,
Jalan Tun Razak,
50400 Kuala Lumpur
Tel : 1300-220-007 Fax : 03 2163 7277
Email : rhbi.general@rhbgroup.com
Claims Inquiries : 03 - 2180 3030