AXA Affin General Insurance Berhad (23820-W)

Head Office: Ground Floor Wisma Boustead POLICY

71 Jalan Raja Chulan 50200 Kuala Lumpur
Tel: (603) 2170 8282 Fax: (603) 2031 7282
E-mail: customer.service@axa.com.my
Website: www.axa.com.my

Comprehensive General Liability Claims Made Policy

(Contract Work)

IMPORTANT NOTICE

This is your Comprehensive General Liability Claims Made Policy. Please read this Policy carefully together with your Schedule to ensure that you
understand the terms and conditions and that the cover you require is being provided. If you have any questions after reading this document, please
contact your insurance advisor or AXA Affin General Insurance Berhad. If there are any changes in your circumstances that may affect the insurance
provided, please notify us immediately, otherwise you may not receive the full benefits of this policy.

Premium charged for this Policy exclude tax(es) that would be imposed in the future (including Goods and Services Tax (“GST”)) and from time to time,
we will be entitled to recover from you any GST or other taxes that we are required by law to collect. For avoidance of doubt, GST on a pro-rata basis will
be chargeable for any period of insurance that falls on or after the implementation date of GST, as applicable.

To help preserve the environment, AXA will send you one policy booklet only. Please keep this policy booklet in a safe place. In case of renewal and/or
policy condition amendment, the company will send you the policy schedule and endorsement only. If at any time you would like a replacement for this
document, please contact us and we will be happy to provide one.

If, for any reason, you are unhappy with the service you have received from us, you can take the following steps:-
1. In the first instance, please write to our Customer Service Department at our current address. Alternatively, you can e-mail us at:
customer.service@axa.com.my

2. If you are still not satisfied with the way any issue has been handled you can:
(a) Refer matters concerning claims to:
Financial Mediation Bureau - Level 25, Dataran Kewangan Darul Takaful, No 4 Jalan Sultan Sulaiman, 50000 Kuala Lumpur.
Tel: (603) 2272 2811 Fax: (603) 2274 5752
(b) Submit your complaints/ feedback at Laman Informasi, Nasihat dan Khidmat (LINK), Bank Negara Malaysia; or call BNMTELELINK at
1-300-88-5465; or fax to 03-21741515; or e-mail to bnmtelelink@bnm.gov.my; or send letter to P.O Box 10922, 50929 Kuala Lumpur.

Comprehensive General Liability Claims Made
This "policy" is issued in consideration of the payment of premium as
specified in the "policy" "schedule" and pursuant to the answers given in
"your" Proposal Form (or when "you" applied for this insurance) and any
other disclosures made by "you" between the time of submission of
"your" Proposal Form (or when "you" applied for this insurance) and the
time this contract is entered into. The answers and any other disclosures
given by "you" shall form part of this contract of insurance between "you"
and "us". In the event of any pre-contractual misrepresentation made in
relation to "your" answers or in any disclosures made by "you", it may
result in avoidance of "your" contract of insurance, refusal or reduction of
"your" "claim(s)", change of terms or termination of "your" contract of
insurance.
This "policy" reflects the terms and conditions of the contract of
insurance as agreed between "you" and "us".
Contents
section this section explains
Coverage Coverage under your policy
Definitions Explanation of standard terms
Standard Conditions Standard conditions applicable to your policy
General Exclusions What is not covered under your policy
LGLCM/PL (11/15)
in connection with "your" "business" as a result of a "claim" first
made during the "period of insurance" within the "territorial limits" .
2. Legal Costs and Expenses
Subject to the "limit of indemnity" and terms and conditions of this
"policy", and with respect to the coverage afforded by this "policy",
"we" will:
(a) have the right but no obligation, to defend in the name of and on
"your" behalf any "suit" against "you" alleging such "bodily injury"
or "property damage" and seeking damages on account thereof
even if such "suit" is groundless, false or fraudulent, and "we"
may make such investigation, negotiation and settlement of any
"claim" or "suit" as "we" deem expedient;
(b) pay all expenses incurred by "us", all costs taxed or awarded
against "you" in any "suit" and all interest accruing after entry of
judgment until "we" have paid, tendered or deposited in court of
such judgment.
(c) reimburse "you" for all reasonable expenses incurred with "our"
prior consent, other than loss of earnings.
3. Limit of Indemnity
“Our” maximum liability to pay indemnity including legal costs and
expenses as defined in Coverage 2 herein in respect of any “claim”
for “bodily injury” and “property damage” arising out of any one
“occurrence” will not exceed the “limit of indemnity” specified in the
“schedule”.
"Our" total aggregate liability to pay indemnity including legal costs
and expenses as defined in Coverage 2 herein for all "claims" arising
out of "your" "business" during any one "period of insurance" shall

Coverage not exceed the "limit of indemnity" specified in the "schedule".

1. Liability 4. Deductible
Subject to the "limit of indemnity" and the terms and conditions of When specified in the "schedule", each "claim" arising under this
this "policy", we will pay all sums which you become legally liable to "policy" is subject to the "deductible" shown.
pay as damages or compensation in respect of:
(a) "bodily injury" "Deductible" is inclusive of legal costs and expenses.
(b) "property damage"
Page 1
 Definitions All "bodily injury", or "property damage" attributable to one source or to a
common cause or to the same general conditions shall be deemed to be
Aircraft one "occurrence".
"aircraft" means any vessel, craft or thing made or intended to fly or Period of Insurance
move in or through the atmosphere or space.
"period of insurance" means the Period of Insurance specified in the
Business "schedule".
"business" means all "your" operations and activities described in the Bodily Injury
"schedule", and includes the ownership and/or tenancy or maintenance "bodily injury" means bodily injury, illness or disease including death
of "your" premises, management of canteens, social, sports and welfare resulting therefrom.
organizations for the benefits of "your" "employees", first aid, fire and
ambulance services. Policy
"policy" mean the following documents:
Claim
"claim" means: (a) this document,
1) the receipt by "you" of any written or verbal notice of a demand for (b) the proposal form
compensation made by a third party against "you", or (c) the "schedule",
2) any writ, summons, application or other originating legal or arbitral (d) the certificate of insurance
process, cross claim, or counter claim or appeal served upon "you" (e) any endorsements.
alleging "bodily injury", "property damage" or "advertising liability.
All "claims" attributed to one source or to a common cause or to the Pollutants
same general conditions shall be considered as one "claim". "pollutants" mean any solid, liquid, gaseous or thermal irritant or
contaminant, including but not limited to smoke, vapour, soot, fumes,
Computer Equipment acid, alkalis, chemicals and wastes. Waste includes materials to be
"computer equipment" means data or part of data, computer hardware, recycled, reconditioned or reclaimed.
operating system, computer network, equipment, websites, servers,
extranet, software, applications software, computer chip including Property Damage
microprocessor chip and coded instructions as well as any new "property damage" means:
technology, product or service replacing or improving existing (a) physical damage to or loss of or destruction of tangible property
technology, product or service. including any resulting loss of use of that property;
(b) loss of use of tangible property that is not physically damaged, lost or
Deductible destroyed provided such loss of use is caused by an "occurrence".
"deductible" which is specified in the "schedule" means the amount "you"
first bear in respect of any indemnity including legal costs and expenses Principal’s Existing Property
as defined in Coverage 2 herein and payable in relation to each "claim". “principal’s existing property” means:
Employee (a) other property owned by the principal which does not constitute part
of “your” scope of the work, or
"employee" means any person engaged under a contract of service or
apprenticeship with "you", but whenever applicable does not include any (b) work which the principal has taken possession or assumed custody
person employed under such contract who is excluded from the and control pursuant to the certificate of completion subject to works
definition of workman, employee or worker under any applicable of the principal is no longer worked upon by or on behalf of “you”.
workers'/employees' compensation legislation in Malaysia. Retroactive Date
"retroactive date" means the date specified as Retroactive Date in the
Hovercraft "schedule".
"hovercraft" means any vessel, craft or device made to float on or in or Schedule
travel on or through the atmosphere or water on a cushion of air
provided by a downward blast. "schedule" means the Schedule attaching to and forming part of this
"policy", including any Schedule substituted for the original Schedule.
Insured
Suit
"insured" means each of the following:
"suit" means a civil proceeding in which damages due to "bodily injury" or
a) the Insured specified in the "schedule"; "property damage" to which this "policy" applies are alleged. "Suit" shall
b) every director, executive officer, "employee", partner or shareholder also include arbitration proceeding alleging such damages to which "you"
of "yours" but only whilst acting within the scope of their duties in must submit with "our" consent.
such capacity;
Territorial Limit
c) each partner, joint venturer, co-venturer or joint lessee of "yours" but
only with respect to liability incurred in connection with activities "territorial limit" means the Territorial Limits specified in the "schedule".
undertaken by or for the purpose of the partnership, joint venture,
Tool of Trade
co-venture, joint lessee
"tool of trade" means a "vehicle" and/or equipment, tool or apparatus
d) any director or senior executive of "yours" in respect of private work which forms part of the "vehicle", but only whilst engaged in and
undertaken by "your" "employees" for such director or senior undertaking its designed purpose of digging, scraping, shovelling,
executive. grading, boring, drilling, compacting, harvesting, ploughing, shredding,
"Insured" does not include the interest of any other person other than as lifting, clearing, levelling, hosing, pumping, spraying, vacuuming or
described in (a) to (d) suction activities.

Insured Contract Vehicles

"insured contract" means those contracts work performed specified as
Insured Contract whenever applicable in the "schedule".
Jurisdiction Limit
"jurisdiction limit" means the Jurisdiction Limits as specified in the
"schedule".
limit of Indemnity
"limit of indemnity" means the applicable Limit of Indemnity specified in
the "schedule".
Occurrence
"occurrence" means an event or series of events including continuous or
repeated exposure to substantially the same general conditions which
results, unexpectedly and unintentionally from "your" standpoint in
"bodily injury" or "property damage".
"vehicles" means any mechanically propelled vehicle including any type
of machine on wheels or self laid tracks or caterpillar tracks and golf cart,
tractor, or any other means of vehicular conveyance, unlicensed or
licensed for road use and for which insurance is or is not compulsorily
required.
Watercraft
"watercraft" means any vessel, craft or thing made to or intended to float
on or in or travel on or through or under water.
We, Us, Our
"we", "us" and "our" means AXA Affin General Insurance Berhad
You, Your
"you" and "your" means the Insured specified in the "schedule" and/or
any "insured" defined herein.
Page 2
 Standard Conditions
1. Reasonable Care and Precautions
(a) "You" must exercise reasonable care that only competent
"employees" are employed and take reasonable measures to
maintain all premises, fittings and plant in sound condition.
(b) "You" shall take all reasonable care and precautions:
(i) to prevent "bodily injury" or "property damage" losses;
(ii) to ensure "you" and "your" "employees", servants and agents to
comply with all statutory obligations, by-laws or regulations
imposed by any public authority for the safety of persons or
property.
(c) "You" shall ensure that "your" "business" is conducted in compliance
with all applicable laws in the countries in which "you" do "your"
"business".
2. Duty of Disclosure
Where "you" have applied for this Insurance wholly for purposes related
to "your" trade, business or profession, "you" had a duty to disclose any
matter that "you" know to be relevant to "our" decision in accepting the
risks and determining the rates and terms to be applied and any matter a
reasonable person in the circumstances could be expected to know to be
relevant otherwise it may result in avoidance of "your" contract of
insurance, refusal or reduction of "your" "claim(s)", change of terms or
termination of "your" contract of insurance.
3. Change of risk
"You" must notify "us" in writing as soon as practicable and in any event
no later than twenty-one (21) days thereafter, if there is any change to
the facts, circumstances, degree or amount of risk which exist at the
commencement of this "policy" or during the "period of insurance" or at
any subsequent renewal date. Upon such notification, "we" may vary the
terms of this "policy" and/or charge additional premium as "we"
determine appropriate in the circumstances.
4. Notice, Failure to Notify and Proof of Claims
(a) "You" must notify "us" as soon as practicable of an "occurrence"
which may result in a "claim" but in any event no later than thirty (30)
days of the date "you" became aware of the "occurrence". Notice to
"us" by "you"/ "your" agent/ "your" broker of an "occurrence" should
include:
(i) How, when and where the "occurrence" or circumstance giving
rise to or which may give rise to a "claim" is taking place;
(ii) The names and addresses of any injured persons and
witnesses; and
(iii) The nature and location of any injury or damage arising out of
the "occurrence" or circumstance giving rise to or which may
give rise to a "claim".
If "you" do not notify "us" or delay in notifying "us" (whether
deliberately or due to gross negligence) of an "occurrence", and it
results in the nature or cause of the "occurrence" or extent of the
loss not being able to be determined, "we" shall not be liable to pay
the "claim" for that portion which the nature or cause of the
"occurrence" or extent of the loss cannot be determined.
Notwithstanding anything to the contrary, "we" will still pay if "we"
have learnt or ought to have learnt of the "occurrence" by other
means and in a timely manner.
(b) If a "claim" is received by "you", "you" must:
(i) immediately record the details of the "claim" and the date
received; and
(ii) notify "us" in writing as soon as practicable to "our" most current
registered address, but in any event no later than thirty (30) days
from the date "you" received the "claim".
(c) "You" must:
(i) at "your" own cost, immediately or no later than seven (7) days,
send "us" copies of any demands, notices, summons or legal
papers received in connection with the "claim" or a "suit";
(ii) authorize "us" to obtain all necessary and/or additional
information that may be required for the purpose of handling a
"claim";
(iii) tender "your" full co-operation to "us" during the course of
investigation, settlement or defence of the "claim" or defence
against any "suit" including without limitation, to allow and assist
"us" to take over investigations;
(iv) at "our" request, assist "us" in the enforcement of any right
against any person or organization which may be liable to "you"
because of injury or damage to which this insurance may also
apply;
(v) take necessary and reasonable actions to prevent and mitigate
any loss, otherwise "we" will not be liable for any subsequent
loss;
(vi) protect the site of the accident. "We" shall not be liable to pay for
any "claim" where the cause of accident cannot be determined
or the loss cannot be verified due to "your" refusal and
interference with "our" loss investigations.
5. Do not admit liability
"You" shall not admit liability to any party and/or make any offer to or
commit or agree to settle any "claim" or "suit" without our prior written
consent. "You" shall not, whether at "your" own costs or not, voluntarily
make any payment, or incur any expense, other than for first aid, without
"our" prior consent. "We" shall be entitled to take over and defend any
"claim" or "suit" with full discretion in the conduct of the "claim" or "suit".
6. Notice
Every notice or communication to "us" shall be in writing and sent to
"our" most current registered address.
7. Subrogation
If "you" have the rights to recover all or part of any payment "we" have
made under this "policy", those rights are transferred to "us". "You"
should not do anything which shall prejudice "our" rights to subrogation.
At "our" request, "you" shall bring "suits" or transfer those rights to "us"
and use "your" best efforts to enforce them.
8. Joint Insured
When "you" are comprised of more than one legal entity, information
supplied to "us" shall be deemed to have been furnished by and on
behalf of all such entities, and any information supplied to "us" or any
omission or non-disclosure in relation to any renewal or extension
hereof, shall likewise be deemed to have been furnished, omitted or
withheld on behalf of all such entities.
9. Cross Liability
Subject to Standard Condition 8 (Joint Insured) and for the purpose of
this "policy", when an "insured" consists of more than one party, the
"insured" shall be considered as a separate "insured" as though a
separate "policy" had been issued to each of the said parties but nothing
herein contained shall operate to increase "our" "limits of indemnity"
insured under this "policy".
10. Cancellation
(a) "You" may cancel this "policy" by giving notice in writing to "us"
stating at which time thereafter the cancellation shall be effective.
(b) "We" may cancel this "policy" by sending seven (7) days' notice by
registered letter to "you" at "your" last known address.
(c) Subject to no known "claims" and/or circumstances leading to a
"claim" and upon cancellation by "you" a refund of premium shall be
allowed, being a pro rata of 80% of the premium for the unexpired
"period of insurance".
(d) Upon cancellation by "us" a refund of premium will be allowed pro
rata for the unexpired "period of insurance".
11. Other Insurance
(a) As soon as is reasonably practicable but within fourteen (14) days
after entering into any other contract of insurance, "you" shall notify
"us" in writing and shall give "us" full details of any such other
insurance which provides coverage, in full or in part, for any of the
liabilities insured in this "policy".
(b) To the extent that "you" have any other insurance in force in respect
of the liabilities covered in this "policy", "we" shall only be liable
under this "policy" for the excess beyond any amount insured by
such other insurance in respect of that liability, whether or not such
insurance is valid or collectible.
12. Legal action against us
No person or organization has a right under this "policy":
(a) to join "us" as a party or otherwise bring "us" into a "suit" asking for
damages from "you"; or
(b) to sue "us" unless all of its terms have been fully complied with.
Page 3
"We" shall not be liable for damages that are not payable under the
terms of this "policy" or that are in excess of the applicable "limits of
indemnity". An agreed settlement means a settlement and release of
liability signed by "us", "you" and the claimant or the claimant's legal
representative.
13. Bankruptcy
Bankruptcy or insolvency of "you" or of "your" estate shall not relieve "us"
of "our" obligations under this "policy".
14. Governing Law and Litigation
This "policy" shall be governed, construed and enforced in accordance
with the laws of Malaysia. The Courts of Malaysia shall have sole
jurisdiction to hear any dispute in relation to this "policy".
Any dispute which arises out of "our" offer of settlement or "our"
disclaiming of liability for any "claim" hereunder and which cannot be
resolved by agreement between "us" and "you" within six (6) months of
such offer or disclaimer shall be referred to a mutually agreed mediator.
If the dispute remains unresolved after mediation or mediation is not
agreed, it shall be resolved by arbitration in Malaysia before the Kuala
Lumpur Regional Centre for Arbitration (KLRCA) in keeping with its
rules. Each party shall bear its own costs of the arbitration.
15. Discharge of Liability
"We" may in respect of any "claim" covered under this "policy" pay to
"you" the amount of "limit of indemnity" for that "claim" but deducting
therefrom any sums including payment of legal costs and expenses as
may arise as defined in Coverage 2 herein and other expenses already
paid in respect of that "claim" or any lesser sum for which the "claim" can
be settled and "we" shall thereafter be under no further liability in respect
of such "claim".
16. Observance
The due observance and fulfillment of the terms, provisions and
conditions of this "policy" insofar as they relate to anything to be done or
not to be done by "you" shall be conditions precedent to "our" liability
under this "policy".
17. Fraudulent Claim
If "you" or anyone acting on "your" behalf is in any way fraudulent in
obtaining any benefit under this "policy", "we" may deny liability in
respect of such "claim" and cancel the "policy" pursuant to Standard
Condition 10 (Cancellation).
18. Inspection and Audit
"We" shall be permitted but not obligated to inspect "your" property and
operations at any reasonable time. Neither "our" right to make
inspections nor the making thereof nor any report thereon shall constitute
an undertaking on behalf of or for the benefit of "you" or others to
determine or warrant that such property or operations are safe or
healthy, or are in compliance with any law, rule or regulation.
"We" may examine and audit "your" books and records at any time
during the "period of insurance" and within three (3) years after the final
termination of the "policy", as far as they relate to the subject matter of
this insurance.
19. Premium
Unless otherwise stated, the premium is adjustable. "You" shall, within
thirty (30) days after the expiry of each "period of insurance" or within the
specified period pursuant to Standard Condition 3 (Change of Risk)
herein, provide such information as "we" may require to adjust the
premium. Any difference in premium shall be paid by "you", provided that
the adjusted premium shall not be less than any minimum and deposit
premium specified in the "schedule". "You" shall at all times keep such
records of the information as "we" may require for premium calculation
and allow "us" to inspect such records.
20. Premium Payment Warranty
(a) Notwithstanding anything herein contained but subject to b) hereof, it
is hereby agreed and declared that if the "period of insurance" is
sixty (60) days or more, any premium due must be paid and actually
received in full by "us" (or the intermediary through whom this
"policy" was effected) within sixty (60) days of the:-
(i) inception date of the coverage under the "policy", renewal
certificate or cover note; or
(ii) effective date of each endorsement, if any, issued under the
"policy" renewal certificate, or cover note
(b) In the event that any premium due is not paid and actually received
in full by "us" (or the intermediary through whom this "policy" was
effected) within the sixty (60) day period referred to above, then:-
(i) the cover under the "policy", renewal certificate, cover note or
endorsement is automatically terminated immediately after the
expiry of the said sixty (60) day period;
(ii) the automatic termination of the cover shall be without prejudice
to any liability incurred within the said sixty (60) day period; and
(iii) "we" will be entitled to a pro-rata time on risk premium subject to
a minimum of RM 500.00
(c) If the "period of insurance" is less than sixty (60) days, any premium
due must be paid and actually received in full by "us" (or the
intermediary through whom this "policy" was effected) within the
"period of insurance".
General Exclusions
This "policy" does not apply to:
1. Intended, Expected and Deliberate
"Bodily injury" or "property damage" expected, intended or deliberate
acts or omissions from "your" standpoint.
This exclusion does not apply to "bodily injury" resulting from the use of
reasonable force to protect persons or property.
2. Contractual
Any obligation assumed by "you" under any agreement or contract,
except to the extent that the liability would have been implied or required
by law in the absence of the contract or agreement.
3. Injury to Employees
Any loss or liability arising from "your" obligation under a workers’
compensation, disability benefits or unemployment compensation law or
any similar law, including "your" liability from "bodily injury" suffered by
"your" "employee" arising out of and in the course of employment by
"you", or suffered by the spouse, child, parent, brother or sister of such
"employee" as a consequence of "bodily injury" to such "employee".
This exclusion shall apply regardless of "your" liability as an employer or
in any other capacity, or to any obligation to share damages with or
repay someone else who must pay damages because of the injury.
4. Total Pollution
Any loss or liability directly or indirectly arising out of:
(a) the discharge, dispersal, release, or escape of "pollutants",
(b) the cost of removing, nullifying or cleaning up "pollutants",
(c) fines, penalties, punitive or exemplary damages arising directly or
indirectly out of the discharge, dispersal, release or escape of
"pollutants".
5. Aircraft, Watercraft and Hovercraft
"Bodily injury" or "property damage" caused by or arising directly or
indirectly out of or in connection with the ownership, use, maintenance,
possession, operation, legal control, loading or unloading by "you" or on
behalf of "you" of:
(i) any "watercraft", except where such "watercraft" is owned and
operated by others and used by "you" for "business"
entertainment, provided always that such "watercraft" is less
than 8-meters long;
(ii) any "hovercraft" or "aircraft";
(iii) any property used for the purpose of an airport or any "aircraft"
landing strip;
6. Faulty Workmanship
The cost of performing, completing, correcting, improving, testing or
commissioning any work done or undertaken by "you".
7. Loss of Use
Loss of use of tangible property which has not been physically injured or
lost or destroyed resulting from:
(a) a delay in or lack of performance by or on behalf of "you" of any
contract or agreement; or
(b) failure of work performed by or on behalf of “you” to meet the level of
performance, quality, fitness or durability expressed or implied
warranted or represented by "you".
Page 4
8. War & Terrorism
(a) Any loss, damage, cost, expenses or injury of whatsoever nature
directly or indirectly occasioned by, happening through or in
consequence of wars, invasions, acts of foreign enemies, hostilities
or war-like operations (whether war be declared or not), civil wars,
mutinies, popular rising, military rising, insurrections, rebellion,
revolutions, military or usurped power, martial law, confiscation or
nationalization or requisition or destruction of or damage to property
by or under the order of any government or public or local authority.
(b) Any loss, damage, cost, expenses or injury of whatsoever nature
directly or indirectly caused by, resulting from or in connection with
any acts of terrorism regardless of any other cause or event
contributing concurrently or in any sequence to the loss, including
but not limited to controlling, preventing, suppressing or in any way
relating to any acts of terrorism.
For the purpose of this clause, terrorism shall mean 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 a section of the
public, in fear.
If "we" allege that by reason of this exclusion, any loss, damage, cost or
expense is not covered by this "policy", the burden of proving the
contrary shall be upon "you".
9. Radioactive Contamination
"Bodily injury" or "property damage" directly or indirectly caused by or
contributed to by:
(a) ionising radiations or contamination by radioactivity from any nuclear
fuel or from any nuclear waste from the combustion of nuclear fuel.
For the purpose of this exclusion combustion shall include any self
sustaining process of nuclear fission;
(b) nuclear weapon material
10. Aggravated, Punitive or Exemplary damages, Fines or Penalties
Any fines, penalties, exemplary, punitive, liquidated or aggravated
damages arising directly or indirectly from whatever nature.
11. Professional Liability
Any loss or liability in respect of the rendering of or failure to render
professional advice or service provided by "you" or any error or omission
connected therewith.
12. Design, Formula and Specification
Any loss or liability in respect of any design, formula, plan, specification
or pattern provided by "you" or any error or omission connected
therewith.
13. Tobacco
Any loss or liability directly or indirectly caused by or contributed to by or
arising from actual or alleged or threatened contact with or exposure to
or existence of tobacco or tobacco smoke or any ingredient or additive
present in any articles items or goods which contain or include tobacco
and also products that are used with tobacco.
14. Asbestos
Any loss or liability, whether actual or alleged, for any "claim" in respect
of loss or losses directly or indirectly arising out of, resulting from or in
consequence of, or in any way involving asbestos, or any materials
containing asbestos in whatever form or quantity.
15. Defamation, Libel and Slander
Any loss or liability in respect of the publication or utterance of a
defamation, libel or slander, prior to the inception date of this "policy" or
made at the direction of an "insured" with knowledge of the falsity
thereof.
16. Information Technology Hazard
Any loss or liability caused by or contributed to by or arising directly or
indirectly out of or in connection with any:
(a) total or partial destruction, distortion, erasure, corruption, alteration,
misuse, misinterpretation, misappropriation or other use of
"computer equipment";
(b) error in creating, amending, entering, directing, deleting, or using
"computer equipment";
(c) total or partial inability or failure to receive, send, access or use
"computer equipment" for any time or at all.
17. Territorial Limit
Any loss or liability occurring outside of the "Territorial Limit" specified in
the Schedule
18. Jurisdiction Limit
Any loss or liability:
(a) for "claims" brought by in a court of law outside of the country(s) as
specified by in the Schedule as "Jurisdiction Limit"
(b) arising from the enforcement of any judgement, order or award
obtained within, or determined pursuant to the laws outside of the
country(s) as specified by in the Schedule as "Jurisdiction Limit"
19. Electromagnetic Fields
Any loss or liability which arises out of or is contributed to directly or
indirectly by exposure to magnetic electric or electromagnetic fields or
radiation howsoever caused or generated.
20. Construction
"Bodily injury" or "property damage" caused by
(a) any construction, alteration or repair of bridges, towers, steeples,
chimney, shafts, blast furnaces, viaducts or mines; or
(b) pile driving, tunnellng or quarrying; or
(c) any use of explosives for any purpose; or
(d) any construction or maintenance of dams; or
(e) subaqueous work
by "you" or on "your" behalf.
21. Assault and Battery
"Bodily injury" or "property damage" arising directly or indirectly out of
assault and battery committed to the "insured".
This exclusion does not apply when such assault and battery is
committed for the purpose of preventing or eliminating danger to persons
or property.
22. Offshore Gas or Oil Platforms
Any loss or liability which arises out of or is contributed to directly or
indirectly with offshore gas or oil platforms
23. Underground Services
Any loss or liability which arises out of or is contributed to directly or
indirectly with any existing:
(a) underground cables;
(b) underground pipes; or
(c) other underground facilities
unless prior to the commencement of any work, “you” have made an
enquiry in writing to all the relevant authorities or the principal about the
exact position of such cables, pipes or other underground facilities and
have received the response in writing, and will take all necessary steps
or precautions to avoid “property damage” to such cables, pipes or other
underground facilities. The indemnity shall in any case be restricted
solely to the direct repair costs of such cables, pipes or other
underground facilities, any consequential loss, damage or liability are
excluded by this “policy” The costs payable under this indemnity shall be
sub-limited to 50% of the “limit of indemnity” specified in the Schedule or
MYR4,000,000 whichever is lower in the annual aggregate which
amount shall be part of, and shall not be in addition to, the “limit of
indemnity” specified in the “schedule”.
24. Vibration, Removal and Weakening of Support
Any loss or liability which arises out of or is contributed to directly or
indirectly with:
(a) vibration;
(b) removal of the support;
(c) weakening of the support; or
(d) interference to the support, of land or buildings.
unless specifically agreed upon by endorsement
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25. Property in the Physical or Legal Control
"Property damage" to property owned by "you" or in "your" possession,
or within "your" physical or legal control.
26. Vehicles
"Bodily injury" or "property damage" caused by or arising out of the
ownership, use, possession, or control by "you" of any "vehicle":
(a) which is registered or is required under any legislation to be
registered;
(b) in respect of which insurance is required to be effected by or any
State, Territory or Province whether or not such insurance is
effected.
27. Property Worked Upon
"Property damage" to that part of any property upon which "you" or
"your" contractor/subcontractor is or has been working where "property
damage" arises from "your" work.

28. Prior and Pending

(a) any "claim" made, threatened or initiated against "you" prior to the
"period of insurance";
(b) any "claim" or liability based upon, whether directly or indirectly, any
fact or circumstance:
(i) which "you" were aware of prior to the "period of insurance" and
which "you" knew or ought reasonably to have known might give
rise to a "claim" or liability;
(ii) of which written notice has been given or ought reasonably to
have been given by "you" under any prior policy (whether or not
such policy was issued by any member AXA Affin General
Insurance Berhad)
(iii) disclosed in the proposal or other information provided to "us" for
the purposes of obtaining this "policy".

29. Retroactive Date

Any loss or liability arising from or attributable to any "bodily injury"
and/or "property damage" first occurring prior to the retroactive date, if
any, specified in the "schedule".

30. Gases, Explosives and Toxics

Any loss or liability arising out of manufacturing, production, storage,
filling, breaking down, transport or operation of
(a) Fireworks, fuses, cartridges, ammunition, powder, nitroglycerine or
any explosives; or
(b) Gases and/or air under pressure in containers; or
(c) Butane, Methane, Propane, natural gas and other liquefied gases; or

(d) Toxic, substances and toxic waste; or

(e) Petrochemicals and chemicals of an explosive nature.

31. Pure Financial Loss

Any loss or liability arising out of or in respect of pure financial loss.

32. Principal’s Existing Property

“Property damage” to “principal’s existing property”.

33. Product Liability

“Bodily Injury” or Property Damage” caused by or arising from any
property manufactured, designed, sold, supplied, repaired or installed by
“you” or any structure or contract works including materials for
incorporation therein.

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