GENERAL TERMS AND CONDITIONS OF PROPERTY INSURANCE AGAINST CONTINGENT EVENTS

Who can take out an insurance
§1
1. These General Terms and Conditions of Property Insurance against contingent events (hereinafter referred to as OWU) shall apply to the insurance contracts entered into by the Insurance and Reinsurance Company WARTA S.A. (hereinafter referred to as TUiR WARTA), and legal persons or organisational entities, who are not legal persons having legal capacity, natural persons running their own economic activity (hereinafter referred to as the Policyholder).
2. The insurance contract may be entered into on other Party’s account (the Insured).

Interpretations
§2
1. Acts of terrorism – any use of violence by any person or a group of persons acting individually, in someone else’s behalf or in convert with any organization or government, made from political, religious, ideological reasons, because of ethnical, racial affiliation intended to influence the state or administrative authority, causing disruption of public life or directed against the society with the purpose of presenting a menace to such society.
2. Electrical measuring device – switching electrical device (breaker switches, disconnecting switches), electrical measuring device (current and voltage transformers), electrical regulating and restricting device (capacitors, electrical resistors, regulating inductors).
3. Direct lightning stroke – a stroke of lightning directly in the object insured hereunder.
4. Construction structures – ground or underground building structure that is permanently attached to the ground, with installations and facilities being a technical and usable entirety or provisional building structure that is not permanently attached to the ground such as kiosks, street trading and exhibition pavilions, container objects.
5. Building – building structure that is permanently attached to the ground, separated from the space with building partitions that has foundations and a roof, along with built-in installations, technical facilities and permanently installed finishing elements being a technical and usable entirety.
An umbrella roof is deemed a special type of building structure that is a ground room not enclosed with walls from each side or without walls at all.
6. Holiday house – building structure intended for periodical recreation.
7. Rainstorm – rainfall with precipitation intensity factor according to the scale applied by the Institute of Meteorology and Water Management at least 4. TUiR WARTA confirms the occurrence of rain with such factor in the Institute of Meteorology and Water Management or any other accredited research entities. In case there is no measuring station in the place of damage, the actual state and size of damage in the location they occurred, shall be taken into account, clearly showing the rainstorm activity. Within the scope of rainstorm, TUiR WARTA shall not be liable for damage caused by flood occurring as a result of rainstorm.
8. Acts of vandalism - any incident consisting in malicious acts or damage to property caused by third persons. The notion of acts of vandalism does not cover breakage and/or damage of windows and glass objects and theft of elements of equipment, installation or technical devices.
9. Smoke and carbon black – products of incomplete combustion of materials, which:
1) suddenly emerged from furnaces or heating units located in the insured premises used in a manner and for the purposes in line with their original and intended use and according to the standard code of practice, where the ventilation units and smoke removal systems were operating smoothly.
2) result from fire in the insured premises or in its immediate vicinity.
10. Snow load or ice load action:
1) direct, static snow load or ice load action on the subject-matter of insurance,
2) collapse of the neighbouring property on the property included in the scope of insurance coverage under the influence of snow or ice load.
11. Deductible franchise – the amount specified in the contract decreasing the amount of calculated indemnity every time.
12. Cash – national and foreign legal tenders (Polish or foreign currency).
13. Hail – precipitation in the form of balls or lumps of ice.
14. Sonic bang – pressure wave caused by aircraft travelling at supersonic speed.
15. Hurricane – wind velocity not less than 17,5m/sec. WARTA TUiR shall confirm the wind velocity in the Institute of Meteorology and Water Management or any other accredited research entities. If the said units did not record the occurrence of wind with such velocity TUiR WARTA may admit individual damage caused by the hurricane, if in the closest vicinity similar damage caused by the action thereof were reported as well. TUiR WARTA shall be also liable for damage to the insured property caused by the objects carried by the wind with such velocity.
16. Implosion – damage to the container or device caused by the external pressure exceeding the pressure inside the container.
17. Accredited entity – an institute or research lab formally accredited by the national accreditation unit accrediting entities competent to perform specific tasks.
18. Calculation unit (j.o.) – unit specifying the limit or stored or transferred cash equivalents and constituting 120-times the amount of the average monthly remuneration for the previous quarter according to the announcement of the Central Statistical Unit.
19. Theft with robbery – accomplished or attempted:
1) larceny from a closed premises involving forcible or violent elimination of the installed securing devices using tools or after opening the securing devices with the original or false key or any other code carrier, which was obtained by the actor by way of theft with robbery from any other premises or in the course of robbery.
2) larceny from the premises, where the actor hid before closing, unless he left traces that can be used as evidence in preparatory proceedings.
20. Avalanche – snow loads, ice loads, stones or rocks abruptly rolling or sliding down the mountainsides.
21. Electrical facilities – transformers, generators, motors and converters.
22. Employees’ property – personal property owned by employees of the Policyholder located in the working establishment, excluding cash, cash equivalents and documents, payment cards (debit, charge, credit and preloaded cards), stored-value cards (ATM cards, reward cards and cheque guarantee cards) and mechanical vehicles (except for wheelchairs).
23. Investment outlays – proved costs incurred by the Policyholder on finishing, repairs, capital repairs of objects or premises with the attached technical infrastructure:
a) occupied by the Policyholder based on the legal title and not owned by him,
b) owned by the Policyholder, unless they were not covered with the sum insured of the building,
24. Proper technical state – state of devices and elements, which ensures that they fulfil their intended functional and esthetical purposes ensured by periodical inspections, maintenances or tests.
25. Low-value assets – property included in the operating expenses on a one-off basis in compliance with relevant regulations and not included in the fixed assets account.
26. Indirect lightning stroke – damage to the insured property resulting out of electromagnetic induction caused by atmospheric discharges.
27. Fire – uncontrolled combustion process occurring in the inappropriate place.
28. Flood – flooding the areas as a result of:
1) rise of water in flowing or free standing waterbeds (including the flood of areas due to the storm),
2) water flowing down the slopes and mountainsides on highlands or rolling terrains. TUiR WARTA is also liable for damage to the insured property caused by the objects carried by the floodwaters.
29. Entrepreneur – any natural person, legal person, organisational entity with no legal personality (unincorporated association) having legal capacity running economic activity in its own behalf. Apart from the above, partners of civil partnership shall also be deemed entrepreneurs within the scope of their economic activity.
30. Robbery (robbery with violence) – accomplished and attempted:
1) larceny using violence or threat of immediate use of violence towards the Policyholder, his employees or persons acting on his order, from his or in his behalf.
2) larceny using violence or threat of immediate use thereof in order to bring the person owing the keys to the premises or the store room covered with the insurance and forcing him/her to open it or opening it with a set of keys robbed by the actor.
31. Representatives of the Policyholder:
a) in case of state enterprises – director, his deputies, agents and administrators,
b) in case of limited liability companies and joint-stock companies – members of the management boards, holders of commercial power of attorney and their agents,
c) in case of joint-stock partnerships – general partners, shareholders, holders of commercial power of attorney and their agents,
d) in case of general partnerships – partners and holders of commercial power of attorney,
e) in case of professional partnerships – partners, holders of commercial power of attorney and their agents,
f) in case of civil law partnerships – partners and their agents,
g) in case of natural persons – the Policyholder and his agents,
h) in case of cooperatives, foundations and associations – members of the management board.
32. Contamination – effect of materials, which due to their origin, chemical and biological composition and other properties and circumstances pose a threat to human life or health or to the environment.
33. Permanent supervision – supervision over the object/premises, external area provided by the licensed property protection agency or by the employees of the Policyholder.
34. Electrical damage – damage to the machines or electrical equipment caused by direct action of electric current resulting out of the occurrence of at least one of the following events:
- insulation fault,
- short circuit,
- change in the voltage or frequency in the supply network,
- voltage decay of one or few phases,
- breakdown or faulty operation of safety devices securing the machines and electrical apparatus.
35. Current assets – property included in current fixed assets such as: goods, raw materials, materials in processing, semi-finished products, finished products, operating and ancillary materials, packages and goods purchased in order to resale in unprocessed condition, if they are not classified as fixed assets according to the regulations in force.
36. Earthquake, land subsidence or landslip – incident not related to the activity of man consisting in abrupt shakes and vibrations of the ground, subsidence of the area resultant from the collapse of underground empty spaces formed naturally, movements of mountainsides.
37. Vehicle collision – mechanical vehicle, its parts or the load transported on such vehicle collides with the insured property.
38. Falling trees, buildings, constructions and technical facilities – damage to the insured property caused by falling of trees growing nearby or buildings, constructions, technical facilities or elements thereof, which are outside the Policyholder’s control.
39. Aircraft crash – crash or emergency landing of any aircraft, items or load transported dropped from it or emergency fuel jettison.
40. Explosion:
1) sudden change in the equilibrium caused by chemical reaction simultaneous with liberation of gases and/or liquid steams,
2) sudden change in the equilibrium simultaneous with liberation of gases and/or liquid steams located in the pressure vessel caused by their expansion and spreading.
41. Cash equivalents:
1) cheques issued by other entrepreneurs,
2) shares, bearer shares not admitted for public trading,
3) gold, silver, precious and semi-precious stones, pearls and any articles made thereof.
42. Farm buildings – living quarters, buildings for trade and buildings for livestock in family farms, animal farms or horticultural farms and forests.
43. Flooding – unintended and uncontrolled escaping of water, steam or other liquids from water supply, sewage, sanitary, central heating network or other ducts and technological devices resulting out of:
1) system failure or action of low temperatures,
2) intrinsic unsealing of containers,
3) withdrawal of sewage from the sewage network,
4) automatic start of fire-extinguishing water distribution systems resulting from reasons other than fire,
5) unintentional leaving of open valves in the water-supply network,
6) unintentional acts of third parties,
Apart from the above, flooding shall also be understood as damage to the insured property resulting out of quick melting of snow loads due to the abrupt temperature change.
44. Multipoint locking device – lock causing the door interlock
55. Contingent event – future, unexpected, sudden event, beyond the will and control of the Policyholder causing damage to the insured property.

Subject matter of insurance
§ 3
1. The subject matter of insurance contracts contracted based on these General Terms and Conditions of Insurance may be the property mentioned below, registered according to the provisions in force, owned by the Policyholder or being in his legal possession, which he is liable for such as:
1) fixed assets:
a) buildings and structures,
b) machinery, installations and equipment,
c) stationary and portable electronic equipment
2) current assets,
3) movable property of third parties accepted for sale or for performance of service,
4) investment outlays,
5) cash,
6) cash equivalents,
7) low-value property elements,
8) employees’ property.
2. Upon the consent of TUiR WARTA, the subject matter of the insurance may be as follows:
1) works of art, artifactual or unique objects, exhibits,
2) documents,
3) plans, models and designs,
4) buildings under construction,
within the scope limited to the events specified in the insurance contract.


Insured premises
§ 4
The insured premises (the place of insurance) shall mean any place on the territory of the Republic of Poland indicated by the Policyholder in his insurance application form, where the property applied for insurance is located, unless agreed otherwise.

The scope of insurance coverage
§ 5
1. Within the scope of insurance coverage provided hereunder TUiR WARTA shall be liable for damage to the insured property resulting out of any contingent event, occurring during the period and in the insured premises, save for the provisions stipulated for in § 7-9.
2. TUiR WARTA may provide the following insurance coverage:
1) against the results of events mentioned and defined in § 2 of these General Terms and Conditions of Insurance within the following scope:
a) basic coverage including: fire, direct lighting stoke, explosion, implosion and aircraft crash.
b) extended coverage including all the events stipulated for in section 1a) and one or more events mentioned below including:
subsection a) flood,
subsection b) hurricane,
subsection c) rainstorm, hail, snow-or ice load action, shaking, land subsidence or landslip, avalanche, smoke and carbon black, vehicle collision, supersonic bang, indirect lighting stroke, falling trees, buildings, structures, technical installations,
subsection d) flooding,
c) full coverage including all the events mentioned in section 1a and 1b there
or
2) against damage consisting in loss of, destruction or damage to the insured property resulting out of sudden and unexpected event, which is outside the Policyholder’s control, unless it was not excluded from the scope of insurance coverage according to the provisions included in § 8 and 9.
3. Within the scope of insurance coverage afforded hereunder, TUiR WARTA shall also be liable for:
1) damage consisting in:
a) contamination or pollution of the insured property caused by any contingent events covered with the scope of the insurance contract, except for the provisions stipulated for in § 8 section 3,
b) damage to the insured property resulting from any rescue action conducted in relation to the occurring contingent events,
2) proved incurred costs:
a) loss and damage prevention in case of direct threat due to the occurrence of the contingent event,
b) related to rescuing the damaged insured property in order to limit the damage or prevent any dissemination thereof,
c) cleaning up the aftermath of damage including the costs of demolition and disassembly of certain parts thereof, which are unfit for use.
4. The costs mentioned in paragraph 3, section 2a) and 2b) herein are covered within the scope of sum insured, irrespective of the result of preventive or rescuing actions and the costs mentioned in paragraph 3, section 2c) herein are covered within the limit of sum insured up to 10% of damage, unless they shall be covered with additional insurance.
5. If the costs mentioned in section 3 herein refer both to insured and uninsured property, TUiR WARTA shall cover the said costs in such proportion to general costs incurred by the Policyholder, in which the value of the insured property is to the value of the entire insured property. If it is impossible to determine the said values, TUiR WARTA shall cover 50% of such costs incurred.
6. Unless the course of the contingent event does not indicate the necessity of conducting the activities related to rescuing and securing the property within overtime hours or on free days, the costs mentioned in section 3, items 2a and 2b shall be covered according to the standard hourly rates of pay, whereas the costs of cleaning up the aftermath of damage mentioned in section 2, item 2c) are always covered based on the standard hourly rates of pay.
7. The insurance provided within the scope specified in paragraph 2, section 1) may be additionally extended to include the following:
1) electric machines insurance against electric damage, according to § 25,
2) breakage and damage of window panels and other objects, according to § 26,
3) acts of vandalism, according to § 27.
8. The insurance contracted within the scope specified in paragraph 2, section 2) may be additionally extended to include the following:
1) electric machines insurance against electric damage, according to § 25,
2) breakage and damage of window panels and other objects, according to § 26.

Insurance period
§ 6
The insurance contract shall be entered into for a fixed period referred to as the insurance period.
§ 7
The insurance coverage afforded by WARTA never covers
According to these General Terms and Conditions of Insurance TUiR WARTA shall not provide insurance for the following:
1. standing crops, cultivation of trees, bushes,
2. animals within the scope specified in § 5 section 2 item 2),
3. grounds, soil, natural ground and surface waters, water reservoirs,
4. property related to mining manufacture located underground,
5. computer programs, unless they constitute current assets,
6. property intended for scrap,
7. payment cards (debit, charged, credit, preloaded cards), stored-value cards (ATM cards, reward cards, cheque guarantees),
8. goods-in-transit, except for cash equivalents, subject to the provisions stipulated for in clause 10,
9. buildings and building structures intended for demolition and structures built without a valid construction permit and the property located within the area thereof,
10. property of closed establishments and shut down property (i.e. facilities, equipment withdrawn from exploitation for a period longer than 30 days, unless TUiR WARTA was notified about it and confirmed sustaining of the insurance in writing), the above does not apply to objects and equipment in technological stoppage resulting out of their function (e.g. boiler houses, production lines operating temporarily etc.).

Exclusion of liability for damage for each type of insurance coverage
§ 8
TUiR WARTA shall not be held liable to pay the indemnity for any loss or damage:
1. occurred as a result of any war operations, states of emergency, strikes, civil commotion, riots, revolution, civil war, sabotage and acts of terrorism subject to the provisions of clauses 8 and 9,
2. arising from wilful misconduct or gross negligence of the representatives of the Policyholder,
3. occurred as a result of the operation of nuclear energy and radioactive materials,
4. to property confiscated by order of any competent organs of state and self-government authority,
5. to the fixed assets with the exceeded expiry date or withdrawn from trading before the time of damage and to property the purchase of which is confirmed with false documents,
6. mining damage occurred as a result of execution of geological works and operations, mineral mining operations and underground works using mining technique or falling of mining excavation roof (both operative and shut down),
7. occurred because of or in relation to the execution of construction, repair and modernization works, subject to the provisions stipulated for in clause 4,
8. occurred as a result of systematic moistness due to leakage of water and sewage system appliances and other technological installations distributing water, other liquids or steam and moistness caused by ground waters and mould on the walls,
9. occurred as a result of disturbances or stoppage in supply of cooling agent, grease, oil, fuel and other exploitation materials, regardless of the reason,
10. occurred as a result of explosion caused by the Policyholder for manufacturing, exploitation or demolition purposes,
11. occurred to property stored not in accordance with manufacturer’s or supplier’s requirements, unless the storage did not influence the damage or the extent thereof,
12. occurred to registered vehicles unless they are included in the current assets or movable property of any third parties accepted for sale or performance of service,
13. occurred as a result of flooding the property, if it occurred because of improper technical state of roof or other elements of the building, the maintenance of which constituted the obligation of the Policyholder or as a result of failure to secure the holes (windows, skylights etc.),
14. unexploited property, stored below the ground, if it was stored lower than 10 cm above the floor, the above does not apply to the situation, where the flooding occurred directly from above,
15. occurred in ground and underground lines (transmission and distribution lines), electrical supply lines, tele-technical and other similar lines and installations constituting their integral part used for distribution of energy and conversion of electrical energy, except for lines and installations supplying the Policyholder and located on his premises and owned by him,
16. occurred as a result of the Policyholder’s failure to observe the requirements specified in binding legal regulations, Polish and industrial standards, unless it influenced the occurrence of loss and the extent thereof,
17. all and any consequential damage related to delays, loss of market, loss of profit, increased costs of operation, subject to the provisions stipulated for in clause 11,
18. not exceeding 500 zł including the costs specified in § 5 section 3 item 2).

Additional exclusion of liability for damage
§ 9
In case of property insurance within the scope of insurance specified in § 5 section 2 items 2), TUiR WARTA shall not be held liable for any loss or damage:
1. consisting in gradual loss of functional properties or gradual deterioration of the insured property resulting out of its natural wear and tear, arising from disclosure of any latent defects, faulty property or nature of the subject-matter insured hereunder, change in its parameters as a result of slow operation of physical, thermal, chemical or biological, factors, unless it resulted in any other contingent event not excluded from the scope of insurance coverage, in such cases TUiR WARTA shall be held liable for the effects of such occurrence,
2. consisting in breakdown or failure of machinery, devices, stationary and portable electronic equipment due to their exploitation, operation or maintenance unless it resulted in any other contingent event not excluded from the scope of insurance, in such cases TUiR WARTA shall be held liable for the effects of such occurrence, subject to the provisions stipulated for in clause 6,
3. to the current assets as a result of cooling device failure, except for the provisions stipulated for in clause 7,
4. consisting in electrical failures of machines and devices, unrelated with atmospheric discharges,
5. consisting in cracking of walls, collapse of buildings and structures, unless the damage occurred as a result of the event, TUiR WARTA shall be held liable for, except for the provisions stipulated for in clause 5,
6. caused by defective values, incorrect assembly, use of faulty materials, unless it results in another occurrence not excluded from the scope of insurance, then TUiR WARTA shall be held liable for the effects of such occurrence,
7. consisting in no operation, incorrect operation or incorrect application of software or information carriers, as well as unavailability, loss or distortion of information stored or processed by the equipment, software or information carrier, unless it caused another occurrence not excluded form the scope of insurance, then TUiR WARTA shall be held liable for the effects of such occurrence,
8. to property that was damaged or destroyed directly as a result of its manufacture and processing or performing the services on such property,
9. occurred as a result of property theft, except for theft with burglary and, which are subject to the liability of TUiR WARTA,
10. occurred as a result of theft with burglary and theft with robbery in the premises that were not secured according to the stipulations of § 17 sections 5-21,
11. consisting in loss or defect of property occurring as a result of unexplained circumstances, from unspecified reasons or resulting out of fraud, false evidence, deceit, embezzlement, extortion or blackmail,
12. consisting in breakage of glass objects included in the current assets,


Sum insured/limit of liability
§ 10
1. The sum insured or the limit of liability specified in the insurance contract shall constitute an upper limit of liability of TUiR WARTA.
2. The manner of establishing the sum insured or the limit of liability depends on the type of the insured property and the scope of insurance chosen by the Policyholder.
3. The sum insured:
1) should include VAT in case, where the Policyholder is not a VAT taxpayer,
2) should not include VAT in case, where the Policyholder is a VAT taxpayer.
4. The sum insured shall be specified by the Policyholder, according to the provisions stipulated for in § 11, where with respect to particular fixed assets the sum insured shall be understood as the value thereof, based on the fixed assets account and in case of replacement value insurance or in the actual cash value insurance, based on the fixed assets account of the Policyholder attached to the insurance contact. In case there is not list of the insured property it shall be assumed that the whole property situated in the insured localization is covered with the insurance.
5. In property insurance within the scope specified in § 5, section 2, item 2 the upper limit of liability for damage resulting out of theft with burglary and theft with robbery is established at 20% of the sum insured for particular types of the insured property, except for the provisions stipulated for in § 17, sections 13-17 referring to cash and cash equivalents.
6. In case clauses specified in the appendix to these General Terms and Conditions of Insurance shall be applicable to the insurance contract, the upper limit of liability for damage related to the particular clauses shall be the limit of liability specified in the insurance contract.
7. TUiR WARTA in agreement with the Policyholder may introduce limitation of liability for damage to property due to flood depending upon the degree of threat to the insured premises posed by the occurrence of risk mentioned above.
8. At the request of the Policyholder it is possible to determine an additional preventive sum insured. In case the said sum insured is indeterminate, the preventive sum insured shall apply to those elements of property, in case of which underinsurance was stated after the damage occurred.
9. Unless agreed otherwise, the sum insured specified in the insurance contract shall not be reduced after the payment of indemnification, except for the sums insured specified in the first risk insurance system mentioned in § 11 sections 11-13 herein and the agreed limits of liability.

The manner of establishing the sum insured
Insurance systems
§ 11
1. Depending on the subject-matter insured hereunder, the insurance may be contracted in the following systems:
1) agreed-value insurance,
2) variable-sum insurance,
3) first risk insurance.

Agreed values
2. Agreed-value insurance means that the sum insured of each type of property applied for insurance should be equivalent to the value thereof upon the commencement of the insurance period and during the entire term of the insurance contract. If during the insurance period the Policyholder exceeds the value of the particular type of property by introducing any technical changes or purchase of new property he shall be obliged submit new insurance application, which shall be applicable the next day upon the submission of the new insurance application and upon the payment of an additional premium.
3. Agreed-value insurances may cover:
1) fixed assets:
a) buildings and structures,
b) machinery, devices and equipment,
c) stationary and portable electrical equipment.
2) current assets, movable property of any third persons accepted for sale or in order to perform a service,
3) cash and cash equivalents,
4) buildings under construction,
5) works of art, artifact or unique objects, exhibits
4. The sum insured for fixed assets shall be established by the Policyholder based on:
1) replacement value – allowing for restoring the property to the new, but not improved state,
a) in case of buildings and constructions – it shall be the cost of reconstruction with the same measures, installations, types of materials used and the costs of finishing works,
b) in case of other fixed assets – it shall be understood as the invoice cost or the cost of producing the new fixed asset with the same or approximate parameters taking account for the forwarding expense and assembly
2) actual cash value – allowing to restore the property to the new, but not improved state, taking account of the extent of technical wear,
3) net fixed value (initial book value) of fixed assets taking account of the applicable re-evaluations.
5. The sum insured for buildings under construction shall be established by the Policyholder based on the costs of reconstruction of works executed within the previous periods increased by the anticipated value of the scope performed within the current period of insurance coverage.
6. The sum insured related to buildings under constructions shall be established by the Policyholder based on the highest anticipated value within the insurance period equivalent to the invoice cost or the cost price thereof.
7. The sum insured for cash and cash equivalents shall be established by the Policyholder based on the highest projected value during the period of insurance:
1) for national and foreign legal tender currencies - according to the nominal value,
2) for checks – based on the amounts indicated on checks, shares - based on the book value of shares, securities – based on the nominal value taking account of the interest rate due,
3) for gold, silver, platinum, precious and semi-precious stones, pearls and any articles made thereof according to the invoice cost or the cost price.
8. The sum insured for works of art, artifact or unique objects, exhibits shall be established by the Policyholder based on the value established by the appraiser, market value or the invoice cost indicated on the receipt/invoice.
Variable-sum insurance
9. Variable-sum insurance may be the insured current assets, the value of which during the insurance period is subject to significant changes and their monthly average value is established based on the stock figures as of the last day of each month during the period of 12 month following the conclusion of the insurance contract is not less than 300.000 zlotys.
10. The sum insured for the insured property should be equivalent to the highest projected value of the property applied for insurance is equivalent to the invoice cost or the cost price.

First risk
11. The first risk insurance means that the Policyholder specifies the insurance contract in the amount equivalent to the amount of projected loss, which doe not have to be equivalent to the full value of property indicated applied for insurance.
12. The first risk insurance may include the following:
1) investment outlays,
2) cash (except for banks and financial institutions),
3) low-value assets,
4) employees’ property,
5) documents,
6) plans, models, designs.
13. The first risk coverage may include the costs insured for the amount exceeding the sum insured referred to in § 5 section 3 item 2, preventive sum insured specified in § 10 section 8 and the additional limit exceeding the limit of liability referred to in § 10 section 5 with respect to theft with robbery and robbery with violence, subject to the provisions stipulated for in § 17 sections 13-17 referring to cash and cash equivalences.

Entering into the insurance contact
§ 12
1. The insurance contract shall be entered into on the basis of the insurance application completed by the Policyholder, submitted to TUiR WARTA on a special insurance proposal form or in other written form comprising the information required to evaluate the risk and calculating the costs of insurance.
2. The said insurance proposal form should comprise at least the following information:
1) name, surname or company name and address of the Policyholder/the Insured,
2) NIP and REGON number of the Policyholder/the Insured,
3) type of operations according to the Polish Classification of Activities (PKD),
4) insurance period (commencement, expiry),
5) the subject-matter and the scope of insurance coverage,
6) the insured premises,
7) sums insured/limits of liability,
8) insurance systems,
9) description of fire safety and burglary resistant systems in possession of the Policyholder.
3. If the insurance proposal form does not include the information specified in section 2 hereinabove or includes errors, the Policyholder at the request of TUiR WARTA should complete or correct it within 14 days from the date of receipt of letter from TUiR WARTA.
4. The Policyholder shall be obliged to answer all the questions included in the TUiR WARTA’s proposal form as well as reply to any additional queries made in other written form. During the term of the insurance contract (the insurance period) the Policyholder shall be obliged to immediately notify TUiR WARTA on any change in the circumstances described above. If TUiR WARTA entered into the insurance contract despite of lack of answers to particular questions the omitted circumstances shall be deemed irrelevant.
5. If the Policyholder enters into the insurance contract through a proxy, the scope of obligations defined in sections 1-4 hereinabove shall also rest with the proxy and shall also include the circumstances known to the proxy.
6. If the Policyholder has provided any answers contrary to the truth in response to questions as specified in sections 1-4 hereinabove or he failed to notify on the change of in the said circumstances, TUiR WARTA shall be exonerated from any liability whatsoever relating to the consequences thereof. If the insurance hereunder has been taken out on the basis of any untrue data given intentionally by the Policyholder, TUiR WARTA shall be exonerated from any liability whatsoever for any loss or damage.
7. TUiR WARTA shall confirm the completion of the insurance contract by an insurance document.

Term of the insurance contract
§ 13
1. The insurance contract shall be entered into for a fixed period hereinafter referred to as the insurance period.
2. Unless agreed otherwise, the liability of TUiR WARTA shall attach the next day after the insurance contract has been entered into starting from 0:00, not however before the next day after the insurance premium has been paid (in full or the first installment thereof).
3. If the parties agreed that the liability of TUiR WARTA shall attach before the insurance premium has been paid and if the premium or the first installment thereof is not paid on its due date, TUiR WARTA may terminate the insurance contract by notice effective immediately. In the event no notice is given, the contract expires with the lapse of the period, to which the unpaid premium corresponds.
4. In the event the Policyholder pays the premium in installments the failure to pay a consecutive premium installment when due may result in the cessation of TUiR WARTA’s liability. When after the lapse of the period designated to pay the premium TUiR WARTA requested by a reminder that the Policyholder pay indicating that non-payment of the consecutive premium installment within 7 days from the date of receipt of the reminder, the liability of TUiR WARTA shall cease.
5. In case of sale of the subject-matter insured hereunder, the rights under the insurance contract may be transferred onto the buyer, upon TUiR WARTA’s consent. In case of cession of rights specified hereinabove, the obligations imposed on the seller shall pass onto the buyer, unless the parties agreed otherwise upon the consent of TUiR WARTA. Despite the fact that the obligations are transferred, the seller and the buyer are jointly and severally liable for payment of the insurance premium due for the period until the subject-matter insured hereunder is transferred onto the buyer. If the rights referred to hereinabove were not transferred onto the buyer of the subject-matter insured hereunder, the insurance contract shall terminate upon the transfer of the said object from the seller to the buyer thereof.
6. The liability of TUiR WARTA expires:
1) upon the expiry of the insurance contract as stipulated for in § 13 section 3 and 5,
2) on the day of termination of the insurance contract as specified in § 13 section 7,
3) unless the consecutive premium installment was not paid within the additional period referred to in § 13 section 4,
4) upon payment of indemnity by TUiR WARTA in the amount equivalent to the total amount of the sum insured, unless the insurance contract stipulated for decrease of the sum insured after the payment of indemnity, in accordance with the provisions stipulated for in § 12 section 9,
5) with the lapse of the last day of the insurance period, for which the insurance contract was entered into.
7. The insurance contract may be terminated:
1) should the insurance contract be entered into for a period exceeding 6 months the Policyholder may terminate it by withdrawing from the contract within 30 days, and 7 days if the Policyholder is an entrepreneur,
2) in case of disclosure of the circumstances entailing a significant change in the probability of damage or, as a result of which a party demanded that the amount of the insurance premium be changed, from the moment, when the said change occurred, however not sooner than from the commencement of the current insurance period.
3) by way of written month notice by the Policyholder in case of cessation of the economic activity in the insured premises.

Insurance premium
§14
1. The insurance premium shall be calculated for the period of liability of TUiR WARTA in accordance with the applicable rate, after evaluating the risk, taking account of the subject-matter insured hereunder, the scope of the insurance coverage and the sums insured.
2. In case the sum insured was specified in a foreign currency, the amount of the insurance premium calculated on the basis of such amount shall be converted into PLN according to the average rate of exchange of the National Bank of Poland (NBP) as at the date of conclusion of the insurance contract.
3. The insurance premium may be paid on as a single or deferred premium specified in the insurance document.
4. If the payment of the insurance premium is made in the form of bank transfer, postal order or in electronic form, the date of payment of the insurance premium shall be understood as the date of bank or postal stamp indicated on the bank or postal transfer of the Policyholder or the date of the payment order in case of electronic payment confirming the transfer of cash onto the TUiR WARTA’s account, in the amount specified in the insurance document, unless the payment order was made before the expiry of the payment term specified in the document confirming the contraction of contract and on the Policyholder’s bank account there was a sufficient amount of cash to realize the said transfer.
5. The Policyholder shall be obliged to pay the insurance premium even if the insurance contract was entered into on other Party’s account.
6. In case of variable-sum insurance, at the beginning of the insurance period the Policyholder pays an advance premium in the amount not less than 50% of the insurance premium calculated from the sum insured in accordance with § 11 section 10. The said premium shall be settled after the termination of the insurance period on the basis of the arithmetical average of the value of stock figures from the insurance period. For the said purpose the Policyholder shall be obliged to file TUiR WARTA with the information regarding the actual stock figures as of the last day of each month within 30 days after the expiry of the insurance period at the latest. If the insurance premium calculated according to the provisions mentioned above exceeds the amount of the advance premium, the Policyholder shall be obliged to pay the missing amount of the premium within 7 days from the receipt of the invoice. Otherwise the premium due from the Policyholder shall be the advance premium.
In case of failure to file the said information TUiR WARTA shall issue the invoice according to which the Policyholder is obliged to pay the difference between the advance premium and the premium calculated on the basis of the sum insured established by the Policyholder in the insurance application.
7. The withdrawal from, dissolution or expiration of the insurance contract shall not release the Policyholder from the obligation to pay the premium due for the period of insurance coverage afforded by TUiR WARTA under the contracted insurance contract.
8. In the event of withdrawal, dissolution or expiration of the insurance contract, the Policyholder shall be entitled to obtain a premium return relating to the cancelled period of coverage. TUiR WARTA calculated the amount of the premium in proportion to the cancelled period of the insurance coverage.

Evaluation of the loss amount and payment of due indemnity
§ 15
1. The amount of loss or damage to property shall refer to all and any costs required to restore the property to its previous state prior to the occurrence of loss or damage, taking account of the principles that served as the basis for establishment of the sum insured.
2. The loss amount shall be understood as:
1) with respect to buildings and building structures it shall be the cost of repair and reconstruction:
a) in full amount, where the sum insured was established based on the replacement value or the gross fixed value (initial book value of the fixed assets),
b) deducting the technical wear, where the sum insured was established based on the actual value confirmed with the contractor’s receipt (or the cost estimate, unless TUiR WARTA deems the cost estimate sufficient to evaluate the loss amount),
2) with respect to buildings under construction – it shall be the cost of repair or reconstruction up to the amount of costs incurred as of the date of loss,
3) with respect to machinery, devices, equipment, stationary and portable electronic equipment assuming the costs of repair or the invoice cost for the same kind, type, model of object having the same or similar parameters, taking account of the transportation and assembly costs,
a) in full amount in case, where the sum insured was established based on the replacement value or the gross fixed value (initial book value of the fixed assets),
b) deducting the technical wear in case, where the sum insured was established based on the actual value,
4) with respect to the current assets – the invoice cost or the cost price, not less than the market value,
5) with respect to entrusted movable property admitted for sale – the value indicated in the proof of acceptance reduced by the commission fee, not less than the market value.
6) with respect to entrusted movable property accepted to perform a service – the cost of repairing the damaged property or the value of the object indicated in the proof of acceptance, increased by the proved value of incurred costs, not less than the market value,
7) with respect to the investment outlays – the cost of repair or restoration of the damaged object taking account of the previous measures, construction, materials, confirmed with the contractor’s invoice (or the cost estimate, unless TUiR WARTA deems the cost estimate sufficient to evaluate the loss amount),
8) with respect to cash – the nominal value,
9) with respect to cash equivalents:
a) with respect to cheques - the amounts indicated on cheques, in respect of shares – the book value for one share as of the date of drawing up the balance sheet for the accounting period preceding the loss occurrence, in securities – the nominal value plus the interest rate due,
b) with respect to gold, silver, platinum, precious and semi-precious stones, pearls and goods made thereof – the purchase cost or the production cost, not less than the market value,
10) with respect to the works of art, artifact or unique objects, exhibits of any kinds – the value indicated by the appraiser, the market value or the invoice cost,
11) in low-value assets – the invoice cost of the same or the most similar asset in terms of parameters,
12) with respect to employees’ private property – the actual value, not exceeding the equivalent of 1.500 zlotys per employee,
13) with respect to documents, plans, models and designs – labor and material costs,
3. The cost of repair and reconstruction of buildings and building structures shall be understood as the costs of construction and assembly works taking account of the development of the design documentation and the construction’s supervision, calculated according to the principles of calculation and establishment of prices based on the unit pricing catalogue and the amount of labor as well as the published average prices applicable on the particular area, confirmed with the receipts drawn up by the contractor or the cost estimate.
4. In case the loss settlement is made in foreign currency the average exchange rate of the National Bank of Poland (NBP) as of the time of loss shall be applied.
5. The amount of indemnity shall be equivalent to the amount of documented loss or damage to property evaluated in the following manner:
1) the established loss amount shall be reduced by the value of property, which can be used, sold, processed or reconstructed,
2) the loss amount shall be increased by the costs of protecting the threatened property, costs related to saving the property and the costs of cleaning the remains of damage incurred within the scope of insurance coverage hereunder as specified in § 5 section 3, item 2,
3) the amount calculated in the manner described hereinabove shall be reduced by an amount of franchise deductible as specified in the insurance contract,
6. In case the Policyholder refrains from reconstruction or repair of the insured property in the gross fixed value or in the replacement value, the loss amount shall be calculated according to the principle applied for insurance in the actual value.
7. TUiR WARTA may reduce the indemnity by the percent of discount granted for insurance coverage, in case where due to willful misconduct or gross negligence of the Policyholder the said protections did not functions and it affected to the occurrence or the extent of loss.
8. If the sum insured of the object covered with fixed sums insurance or variable-sum insurance is lower than its value at a time of loss (underinsurance), the amount of indemnity specified according to the principles specified in item 1-7 of this paragraph shall be reduced in such proportion in which the sum insured remains to the value of the object covered with the insurance at a time of loss.
9. The amount of indemnity due to underinsurance shall not be reduced in the following situations:
1) if at a time of loss the value of the object insured does not exceed 120% of the sum insured,
2) for damage and loss not exceeding 5.000 zlotys,
3) for loss, the cost of repair of which established according to the average prices of goods and services, is higher than the sum insured of damaged property.

Payment of indemnity
§ 16
1. The indemnity shall be paid within 30 days from the receipt of the loss notification.
2. If it is impossible to explain the circumstances necessary to determine the liability of TUiR WARTA or the amount of indemnity within the period specified in item 1, the indemnity shall be paid within 14 days from the day while observing due diligence it would be possible to clarify such circumstances, however an unquestionable part of indemnity shall be paid within 30 days from the receipt of the loss notification.

Requirements relating to the subject-matter of insurance and property protection
§ 17
1. Buildings, building structures, free standing technical and technological devices and containers outside the buildings should be seated and constructed according to the requirements of the Polish construction law and industrial regulations and they should be used based on the permit for use issued by the competent authority of the construction supervision in accordance with the current purpose, unless it is required by law.
2. Building structures, attached installations (e.g. electrical conductor, gas, water supply, heat, ventilation, gas furnace installations etc.) and technical facilities should be subject to periodical inspections of technical state and maintenance works according to the principles specified in the provisions of law, technical standards or according to the manufacturer’s indications.
3. The level and scope of organizational solutions applied within the scope of fire safety and the choice of technical fire safety should be adjusted to the manner of use of particular object as specified by the provisions of law.
4. Unless agreed otherwise the condition for undertaking insurance is to be in possession of security measures meeting the minimal requirements according to the criteria of TUiR WARTA.

Fire safety meeting the minimal requirements of TUiR WARTA
Below there are minimal fire safety except for the provisions stipulated for in item 1) and 2) required by TUiR WARTA S.A., depending on the nature of the conducted activity:

For manufacturing business
The firefighting protections are deemed to meet the minimal requirements if:
1) Building structures are equipped with wiring and lightning protection systems adapted do the degree of risk and they are regularly inspected according to the regulations in force, which is confirmed with relevant protocols.
2) Building structures, technical and technological devices and facilities, containers are subject to periodical controls of technical state and maintenance works according to the principles stipulated by the provisions of law, Polish norms, industrial standards, in operation and maintenance manuals and service manuals.
3) Activities related to manufacture, processing, conversion, transport or store of materials posing a threat of fire are carried out according to the rules of fire fighting protection specified in the fire prevention plan, work instructions for particular job positions or according to the manufacturer’s indications.
4) Objects are equipped with fire extinguishers, hydrants or other fire safety devices according to the applicable standards, the said equipment and appliances are subject to periodical maintenance and control of technical state confirming their efficiency, according to the manufacturer’s indications, at least once a year.
5) The quantity of materials posing a threat of fire (defined below) on the work place does not exceed the twenty-four hours demand or twenty-four hours manufacture.
Materials posing a threat of fire shall include gas, liquids and other solid materials, which due to their physicochemical properties pose a threat of explosion or fast fire spread:
a) inflammable gas,
b) inflammable liquids with ignition temperature below 55° C,
c) materials producing inflammable gas in contact with water,
d) materials igniting spontaneously on air,
e) explosive and pyrotechnic materials,
f) materials decomposing or polymerizing spontaneously,
g) materials prone to self-igniting,
6) The stock of materials posing a threat of fire exceeding the quantities specified in section 5) is stored in a separated and adapted place.
7) The minimal distance from devices and installations, the surfaces of which may become heated up to the temperature exceeding 100° C (including lightning points, heating systems and other systems) and cable lines with 1 kV and higher voltage, earth conductors, offtakes of lightning protection systems, electric current switchgears is at least 0,5 m.
8) The site, building structures and warehouse storages are guarded and the access is controlled.

For transhipment, warehousing and storage of goods
The firefighting protections are deemed to meet the minimal requirements if:
1) Building structures are equipped with wiring and lightning protection systems adapted do the degree of threat and they are regularly inspected according to the regulations in force, which is confirmed with relevant protocols.
2) Building structures, technical and technological devices, containers are subject to periodical controls of technical state and maintenance works according to the principles stipulated by the provisions of law, Polish norms, industrial standards, in operation and maintenance manuals and service manuals.
3) Activities related to manufacture, processing, conversion, transport or store of materials posing a threat of fire are carried out according to the rules of fire fighting protection specified in the fire prevention plan, work instructions for particular job positions or according to the manufacturer’s indications.
4) Escape routes and exits ensure that the fire hazard zone or the area covered by the fire can be left quickly and safely and they are properly marked.
5) Objects are equipped with fire extinguishers, hydrants or other fire safety devices according to the standards in force, the equipment and appliances are subject to periodical maintenance and controls of technical state confirming their efficiency, according to the manufacturer’s indications, at least once a year.
6) Materials posing a threat of fire are stored in a separated and adapted place.
7) The minimal distance from devices and installations, the surfaces of which may become heated up to the temperature exceeding 100° C (including lightning points, heating systems and other systems) and cable lines with 1 kV and higher voltage, earth conductors, offtakes of lightning protection systems, electric current switchgears is at least 0,5 m.
8) The construction site, building structures and warehouse storages are supervised and the access is controlled.

For operations other than manufacture, shipment, warehousing and storage of goods
The firefighting protections are deemed to meet the minimal requirements if:
1) Building structures are equipped with wiring and lightning protection systems adapted do the degree of threat and they are regularly inspected according to the regulations in force, which is confirmed with relevant protocols.
2) Escape routes and exits ensure that the fire hazard area or covered by the fire can be left quickly and safely and they are properly marked.
3) Objects are equipped with fire extinguishers, hydrants or other fire protection appliances according to the standards in force, the equipment and appliances are subject to periodical maintenance and controls of technical state confirming their efficiency, according to the manufacturer’s indications, at least once a year.
4) The minimal distance from devices and installations, the surfaces of which may heat up to the temperature exceeding 100° C (including lightning points, heating systems and other systems) and cable lines with 1 kV and higher voltage, earth conductors, offtakes of lightning protection systems, electric current switchgears is at least 0,5 m.

Anti-theft protections meeting the minimal requirements of TUiR WARTA
5. Building structures with the insured property should have walls, floor-ceilings, floors and roofs made of proper materials and according to the appropriate technologies following the requirements resulting from the intended purpose and location of particular building structure and should not have dangerous holes facilitating access to the insured property without use of force or tools.
6. All the external door leading to the object with the insured property should be in a proper technical state and should be built round and closed and constructed in such a way, that they could not be accessed without use of force or tools and opened without using false or matched keys.
7. All the external door leading to the object should be locked:
a) at least two locks or two padlocks placed on separate staples or
b) one multipoint locking device or
c) single lock or padlock, if there is a permanent supervision or any alarm device installed,
8. If the external door leading to the building or in a separated part thereof with the insured property is not secured according to the requirements stipulated for in items 6-7, the requirements relating to the external door shall apply to the internal door leading to the rooms with the property mentioned above.
9. All the windows and other glazed external holes, iron bars, roller blinds, shutters and their casings should be in a proper technical state, properly constructed and enclosed according to the manufacturer’s instruction and closed so that access to the premises was not possible without leaving traces of using force or tools.
10. All the windows, glazed door and other external holes in the premises located in the cellars, basements or on ground floors and in the premises located on higher storeys, which can be accessed from the outbuildings, balconies, terraced and roofs located above, as well as any external holes on the attics and in the basements, from which there is a passage to further rooms should be secured on the entire area by means of stable or movable iron bars or security roller blinds or security shutters, steel window shutters, anti-theft windows with increased burglary resistance (at least P3/P3A); movable protections should be locked by means of at least one lock or one padlock.
11. The provisions in the section referring to additional protection of windows, glazed door and any other external holes shall be applicable:
1) in the buildings and rooms under permanent supervision,
2) when the insured building, a separated part thereof or a separated part of the room with the insured property is equipped with operating, properly maintained alarm devices i.e.
a) electronic burglar-proof devices initiating alarm in the insured premises or
b) electronic burglarproof devices transmitting the signal to the monitoring centre by means of alarm transmission system, immediate intervention of the Security Company or notification to the relevant intervention services is possible.
12. The keys to the objects/premises and store rooms covered with the insurance should be stored in a manner protecting them from theft and precluding access for unauthorized persons; in case they are lost (including spare keys) the Policyholder after receipt of notification thereof should immediately change the lock.
13. Cash and cash equivalents should be stored in properly secured rooms and devices in accordance with the burglary-resistance standards stipulated by law, according to the represented value.
Burglary-resistance class Liability of TUiR WARTA to the amount In calculation units (j.o.)
I up to 0,5
II up to 1,5
III up to 3,0
IV up to 5,0
V up to 8,0
VI up to 12,0
VII up to 16,0
VIII up to 20,0
IX up to 30,0
X up to 40,0
XI up to 60,0
14. With regard to rooms and appliances with specified burglary-resistance class protected by at least SA3 alarm system according to the Polish Standard, the liability of TUiR WARTA for damage in case of theft and burglary is as follows:
class I – 1,3 j.o.
class II – 3 j.o.
class III – 6 j.o.
class IV – 10 j.o.
class V – 15 j.o.
class VI – 20 j.o.
class VII – 30 j.o
class VIII – 40 j.o.
class IX – 60 j.o.
class X – 100 j.o.
class XI – without limitation
class XII - without limitation
class XIII - without limitation
15. If it is not possible to specify burglary-resistance class of a room or device, the liability of TUiR WARTA for cash and cash equivalents theft from robbery is limited to 0,3 calculation unit.
16. Cash and cash equivalents storing devices should be permanently fixed to the structural elements (foundation or walls) of the room, in which they are located. The above requirements do not apply to steel caskets, fiscal cash registers and devices with a mass of 300 kg and more.
17. The storage of the following elements is permitted in steel caskets:
a) up to 5 000 zlotys, if the said devices are not fixed to the structural elements of the room, in which they are located,
b) up to 10 000 zlotys, if the said devices are fixed to the structural elements of the room, in which they are located.
18. In case of insurance of materials and goods stored outdoor, the storeroom is deemed properly secured if it is located on a separated, fenced area, which is illuminated at night and which is under permanent supervision.
19. Self-propelled motor vehicles, self-propelled land vehicles constituting the fixed assets or movable property of third parties should be stored on a fenced, enclosed areas illuminated at night, which are under permanent supervision; door should be locked using manufacturing locks or in any other way preventing unauthorized access, key locks and ignitions keys should be deposited in a room/store room in a manner that allows to protect them from theft and prevent unauthorized persons from accessing.
20. Machinery and construction and erection assembly equipment should be stored on a guard fenced, closed construction and assembly ground illuminated at night, which are under permanent supervision.
21. The provisions referring to the required theft-proofing security level apply only in case of the insurance contracts concluded within the scope specified in § 5 section 2 item 2).
22. Based on the risk assessment, TUiR WARTA may specify minimal property protection requirements independently for each entity.

Insurance premium reduction
§ 18
1. The form of property protection affects the premium-discount for property insurance.
2. The security level above the minimum level of fire safety specified in § 17 hereunder shall constitute the basis for granting a premium discount,
a) on-site rescue team acting on the area of the insured entity, the equipment and the training level of which guarantees that the required rescue and fire-fighting operations are taken independently,
b) signalling and alarming installations inducing alarm in the premises supervised 24 hours a day which is capable of providing immediate notification to the service of fire brigade forthwith,
c) portable / semi-portable fire-extinguishing devices (water-, foam-, steam- and gas-based etc.),
d) portable installation detecting the state of gas and steam that may pose a threat of explosion,
e) automatic explosion-proof installations.
3. The amount of discount shall be determined based on the evaluation of the type of protection and the area protected by the used protecting devices.

Results of inappropriate security
§ 19
1. The Policyholder’s failure to protect the property in a manner described in § 17 may be the grounds for TUiR WARTA’s refusal to accept the property for insurance, refusal of payment of indemnity and reduced amount of indemnity.
If the insurance was contracted based on the incorrect information indicated wilfully by the Policyholder or his representative TUiR WARTA shall not be held liable for any damage or loss.
2. In case the premium discount was granted for using the security devices mentioned in § 18, which failed to operate due to the wilful fault or gross negligence on the part of the Policyholder, TUiR WARTA may reduce the indemnity by the percentage of discount granted.
Rights and obligations of parties
§ 20
1. The Policyholder is obliged to comply with commonly applicable regulations in respect of protection of property, in particular the provisions of the Polish construction law, labour law, fire safety and environment protection provisions, norms and standards regarding construction and use of machinery and technical facilities.
2. The Policyholder shall be obliged to keep accounting books, records of the insured property in compliance with the provisions in force.
3. The Policyholder shall be obliged to enable the representatives of TUiR WARTA to perform the control of the insured property before the conclusion of the insurance contract.
TUiR WARTA reserves the right to perform another control after the conclusion of the insurance contract, in case it is deemed necessary.
4. The Policyholder shall be obliged to notify TUiR WARTA of all and any change in the circumstances referred to in the insurance proposal form and in relation to the standard conditions of business such as: change of manufacturing processes, execution of modernization or repair works within the period of insurance coverage affecting the assessment of accepted insurance proposal, increasing the probability of damage or disseminating the extent thereof.
5. If the Policyholder failed to fulfil any obligation specified in sections 1, 2 and 4 herein influenced any loss occurrence, the extent of any loss or damage, TUiR WARTA may refuse to pay the indemnity or to reduce it accordingly
6. In case of any contingent event that may result in damage to the insured property, the Policyholder shall be obliged to use all the measures available to save the property or to prevent any damage or loss and if it occurs he should try to limit the extent thereof, either on his own or with the assistance of service units appointed for the said purpose.
7. Shall the Policyholder fail to perform the security actions referred to in section 6 herein; TUiR WARTA shall be exempt from liability for any loss and damage.
8. The Policyholder is obliged to notify the Macro region of TUiR WARTA, where he concluded the insurance contract of any damage or loss forthwith. The said requirement is deemed fulfilled if the Policyholder gives notice of loss within the deadline of 2 working days from the occurrence of damage or loss or from the day he became aware thereof.
9. Before TUiR WARTA takes liquidating actions, the Policyholder may not change the state caused by the contingent event, unless such changes were necessary to save the property or to limit the extent of damage or, if making such changed was necessary in particular circumstances.
10. The Policyholder is obliged to enable a representative of WARTA or an expert appointed by him to survey destroyed or damaged goods in order to establish the circumstances of the loss, its scope and type and to give necessary explanations as well as to present the evidence gathered,
11. In case of concluding the insurance contract on some one else’s behalf, the provisions stipulated for herein shall also apply to the Insured, unless the Insured is not aware of the fact that the insurance was contracted on his behalf.
12. In case the Policyholder fails to perform his duties specified in sections 8-10 herein due to intentional fault or any act of gross negligence, TUiR WARTA shall have the right to reduce the amount of indemnity accordingly, provided that such failure concurred to the increase in the extent of any loss or damage or made it impossible for WARTA to determine the circumstances and consequences of the accident.

Recourse claims
§ 21
1. By virtue of law, upon payment of indemnity any claim of the Policyholder against any third party liable for damage or loss shall pass onto TUiR WARTA up to the amount of the indemnity paid. If TUiR WARTA indemnified only a part of damage, the Policyholder shall have the right of priority for satisfaction of the outstanding claims arising under the insurance contract.
2. At the request of TUiR WARTA, the Policyholder shall be obliged to forward any relevant documentation required for successful evaluation of the liability of any person against whom recourse claims may be enforced.
Appointing the expert
§ 22
1. Both TUiR WARTA and the Policyholder may appoint the experts at their own expense to calculate the sum insured, cause, extent or the size and the amount of loss.
2. In case there are two different opinions, the parties may jointly appoint a neutral expert, whose opinion shall be final and accepted by both parties. The costs of appointing the joint expert shall be divided equally between TUiR WARTA and the Policyholder.

Notifications and representations
§ 23
1. TUiR WARTA and the Policyholder shall submit any notifications and representations relating to the insurance contract in writing by acknowledgement of receipt or sent by registered post either to the address of the Macro region of TUiR WARTA, which entered into the insurance contract/ to the address of the registered seat of the Policyholder.
2. If either Party hereto changed its address or registered office and failed to notify the other Party of such change, any correspondence sent to the last known address, has legal effect starting from the moment it would arrive, if the said Party had not changed its registered seat.

Final provisions
§ 24
1. By way of agreement with the Policyholder, additional provisions different from those set forth in these General Conditions of Insurance may be included in the insurance contract. Any changes to the insurance contract shall be made in writing otherwise being null and void.
2. Any matter not provided for herein shall be subject to the relevant provisions of the Polish Civil Code, the Act on Insurance Business, the Law on Economic Activity, the Accounting Act and other generally applicable regulations of the Polish law.
3. The Policyholder or any Party entitled to do so under the insurance contract may file complaints and grievances in writing:
1) the Director at the Corporate Clients Service Department of the Macro region, on the area of which the insurance contract was originally entered into - should they relate to the conclusion of the insurance contract,
2) the Corporate Clients Claims Department in the registered seat of the Macro region, which carried out the loss adjustment - should they relate to loss adjustment.
The relevant authority reviewing any complaint or grievance shall answer the person filing a complaint or grievance in writing.
4. Any action with respect to any claim hereunder may be instituted either pursuant to the general or to the territorial jurisdiction of the court competent for the place of residence or the registered seat of the Policyholder, the Policyholder or any Beneficiary under the insurance contract.
5. The following wording of these General Terms and Conditions of Insurance shall apply to the insurance contracts concluded since 1 May 2008.



VICE CHAIRMAN OF THE CHAIRMAN OF THE
MANAGEMENT BOARD MANAGEMENT BOARD


(signature illegible) (signature illegible)


Ewa Beata BASIAK Krzysztof KUDELSKI




EXTRA RISKS
Electronic machines against electronic damage
§ 25
1. Within the scope of insurance coverage afforded hereunder, TUiR WARTA shall be held liable for electrical damage to operating warehouses and electrical equipment defined in § 2 section 34 herein, provided that the machines are installed on the work places, used according to their intended purpose and secured in accordance requirements for use, in compliance with the provisions of applicable standards.
2. WARTA shall not be held liable for any loss or damage occurring:
1) in electric power transmission and distribution lines comprising the complex of devices connected mechanically and electrically – wires, posts of wire lines, connections;
However, this exclusion covers all the electric and tele-technical lines, both air as well as underground.
2) in the warranty period, for which the warrantor is contractually or statutory liable,
3) in the period of repairs and tests
4) in machinery, in which operation tests confirmed with relevant protocol according to the binding regulations regarding the use of electric appliances, if the failure to perform this obligation resulted in the occurrence of any damage or dissemination of the extent thereof;
5) arising on from any mechanical reason,
6) as a result of faults and defects disclosed before the conclusion of the insurance contract,
7) as a result of natural wear and tear or long-lasting deterioration of operational features of the machines and electrical devices,
8) due to impulse overvoltage caused by switching of high-voltage apparatus or switching the switchgears in the switching stations,
9) in all types of measuring devices, meters, safety devices, contactors and lightning arresters.
3. Within the scope of the limit of liability of TUiR WARTA established by the Policyholder, TUiR WARTA shall be held liable for any damage and loss occurring within the scope of one event.
4. The limit of liability shall be specified by the Policyholder taking account of the amount of the maximum projected loss within the insurance period.
5. The insurance premium is calculated based on:
1) nominal power of the installed devices;
a) for power stations and electric heat systems – electrical equipment used to process the electric power expressed in kilowatts (kW),
b) for energy plants – electrical equipment used to process the electric power expressed in kilowatts (kW),
c) for other entities - electrical equipment used to process the electric energy expressed in kilowatts (kW),
2) and the limit of liability.
6. The amount of damage shall be understood as:
1) the cost of purchasing the new electric machine or apparatus of the same kind, power, type, taking account of the degree of the factual wear and tear, or
2) the cost of repair increased by the forwarding expenses, disassembly and assembly cost confirmed by the receipt drawn up by the contractor based on the accounts kept by the Policyholder, if he conducted the repairs on his own, at the prices applicable at the time of the occurrence of loss or damage. The costs of repair may not exceed the costs referred to in section 1 herein.
7. The indemnity shall be established in the amount equivalent to the loss amount according to the prices applicable upon the occurrence thereof.
8. The amount of established indemnification shall be reduced by franchise deductible in the amount specified in the insurance contract as:
1) 10% of the agreed indemnity, not les than 500 zlotys, or
2) 1% of the agreed indemnity, safe TUiR WARTA shall not be held liable for damage to engines with power up to 10 kilowatts (kW).
9. In the remaining scope, the provisions of these General Terms and Conditions of Property Insurance against Contingent Events shall apply respectively.




Breakage and damage to windows and other objects
§ 26
1. Within the scope of insurance coverage afforded hereunder, TUiR WARTA shall be held liable for damage occurring due to breakage (smashing) and cracking of objects covered with the insurance.
2. The insurance contracts may cover undamaged windows and other permanently fixed o installed object being a part of the appliances or building equipment and premises constituting the property of the Policyholder or being in his possession, in the place specified in the insurance contract, which is as follows:
1) glazing of walls and roofs,
2) window and door panels,
3) glass boards being a part of furniture, advertising display cabinets, counters, tables and sales counters,
4) wall partitions, protections of contours, boxes and carbines,
5) standing mirrors installed permanently, hanging,
6) shop signs and banners,
7) stained-glass windows,
8) neon tubes, light billboards,
9) glass and stone linings except for floor covering,
10) advertisement boards located near communication routes
3. The scope of the insurance coverage provided hereunder shall not include the artistic glass, windows in glasshouses, frames and the monumental value of stained-glass windows.
4. The scope of insurance coverage does not include the following damage:
1) not exceeding 100 zlotys,
2) occurring in the windows of vehicles and means of transportation,
3) occurring as a result of scratching, scoring, staining, changing the colour,
4) consisting in chipping the parts of surface of the insured objects,
5) resulting out of improper operation of neon devices,
6) resulting out of incorrect assembly and incorrect manufacturing technology,
7) emerging upon replacement or dismounting the insured object, during repair works in the place of insurance.
5. The insurance policies mentioned herein shall be contracted in the first-risk insurance system.
6. The sum insured for first-risk shall be determined by the Policyholder separately for:
1) glazing in building structures i.e. walls and roofs, window and door panes,
2) advertising glazing, shop signs, billboards, advertising display cabinets
3) stone linings
4) neon tubes, light billboards,
5) other glass objects: glass boards being a part of other furniture, counters, tables, advertising display cabinets and sales counters, partition walls, protections of contours, boxes and carbines, standing mirrors fixed permanently, hanging stained-glass windows, glass linings,
6) advertisement boards located near communication routes,
7) the costs of setting-up the scaffolding,
7. The sum insured for particular types of property mentioned in section 6 and the costs of setting-up and disassembling the scaffolding constitutes the limit of liability of TUiR WARTA for all and any occurring damage or loss occurring to the said objects during the period of the insurance coverage.
8. The loss amount shall be determined based on the cost of purchasing or repairing the damaged object subject to insurance, of the same kind, type, material and measures, confirmed by relevant receipts according to the prices applicable at the time of loss.
10. The amount of paid indemnity is equivalent to the loss amount in the insured property taking account of costs incurred by the Policyholder:
1) the costs of assembling and disassembling;
2) forwarding expenses;
3) performing advertisement and information notices/sign posts,
4) setting-up and disassembling the scaffolding, unless they were additionally insured.
11. In the remaining scope, the provisions of these General Terms and Conditions of Property Insurance against Contingent Events shall apply respectively.




Property against acts of vandalism
§ 27
1. Within the scope of this insurance coverage, TUiR WARTA shall be held liable for damage to the insured property within the basic or extended scope according to § 5 section 2, item 1) filed for insurance against the risk of acts of vandalism arising as a result of malicious damage or damage to property by any third parties.
2. The scope of insurance coverage mentioned above does not include:
1) damage to property except for painting and smearing, including graffiti,
2) buildings under construction,
3) cash and cash equivalents, documents, plans, models, designs,
4) window panes and other glass objects because of scratching,
5) breaking and damaging the objects, which may be insured within the scope of insurance coverage referred to in § 26 hereinabove,
3. The said insurance shall be contracted in the first-risk insurance system.
4. The loss amount and the amount of indemnity shall be calculated according to the principles specified in §15 herein.
5. In the remaining scope, the provisions of these General Terms and Conditions of Property Insurance against Contingent Events shall apply respectively.

APPENDIX NO 1
TO THE GENERAL TERMS AND CONDITIONS OF INSURANCE AGAINST CONTINGENT EVENTS

At the request of the Policyholder with the consent of TUiR WARTA insurance contracts concluded based on the provisions stipulated for in these terms and conditions of insurance against contingent events some particular clauses indicated hereunder may be incorporated:

Clause 1. Automatic cover of new fixed asset
Without prejudice to the remaining, unchanged provisions specified in these General Terms and Conditions of Property Insurance against Contingent Events it shall be agreed as follows:
1. TUiR WARTA includes the automatic insurance protection for newly acquired fixed assets of the fixed assets, the value of which appreciated in the period of insurance due to carried out investments, upon transfer of risk related to the possession of such assets to the Policyholder. The value of fixed assets covered with the automatic protection may not exceed 20% of the total sum insured for the fixed assets specified in the insurance document.
2. The Policyholder shall be obliged to notify to TUiR WARTA of any increase in the sum insured exceeding the limit agreed above, immediately before any such change is entered for approval.
3. TUiR WARTA shall not be held liable for damage to property referred to hereinabove in case of failure to perform the obligation to notify within the specified period. In case the limit agreed for the purposes of this clause, liability of TUiR WARTA is limited to the sum insured decreased by the agreed limit.
4. The Policyholder shall be obliged to report the actual value of the fixed assets after the commencement of a six-month/quarterly period.
5. The insurance premium due to change of the sum insured shall be calculated by TUiR at half-year/quarterly intervals using the following rates:
1) for particular six-month period/quarter – using half the rate due on particular six-month period/quarter, specified in the insurance contract,
2) for subsequent period of coverage – using the full rate specified in the insurance contract due on this particular six-month period/quarter,
The insurance premium for protection and on related to the loss of protection shall be settled by means of deduction and the difference returned according to the appropriate addendum to the insurance contract,
6. In case of failure to pay the insurance premium when due, the liability of TUiR WARTA shall be limited to the sum paid as a part of the insurance premium due.
7. The settlement period for this clause is specified in the insurance contract.

Clause 2. Aesthetic Damage Insurance
Without prejudice to the remaining, unchanged provisions specified in these General Terms and Conditions of Property Insurance against Contingent Events it shall be agreed as follows:



1. Against payment of an additional premium, TUiR WARTA shall cover the damage occurring to the insured property because of painting, including graffiti, scratching the surfaces by any third parties.
2. Unless agreed otherwise, the limit of liability specified in the insurance document regarding this clause shall constitutes the upper limit of liability of TUiR WARTA for all the events occurring during the period of coverage.
3. The insurance premium for this clause shall be determined in the insurance document.

Clause 3 Bid/offer spread insurance
Without prejudice to the remaining, unchanged provisions specified in these General Terms and Conditions of Property Insurance against Contingent Events it shall be agreed as follows:
1. Against payment of an additional premium TUiR WARTA shall cover the difference between the invoice cost/cost price and the sale price of the insured current assets (not higher than 15% of the invoice cost/cost price), sold by the Policyholder, not accepted by the buyer and damaged or lost as a result of any event included in the insurance coverage within the scope of the property insurance against fortuitous events.
2. The loss amount should be understood as the sale price reduced by the costs saved because the dispatch was not performed (packing costs, transportation costs).
3. Unless agreed otherwise, the limit of liability specified in the insurance document regarding this clause shall constitute the upper limit of liability of TUiR WARTA for all the events occurring during the period of coverage.
3. The insurance premium for this clause shall be determined in the insurance document.

Clause 4 Insurance for minor construction and erection assembling works
Without prejudice to the remaining, unchanged provisions specified in these General Terms and Conditions of Property Insurance against Contingent Events it shall be agreed as follows:
1. Against payment of an additional premium, TUiR WARTA shall extend the scope of insurance coverage to cover the damage occurring in relation to the performance of minor construction and erection assembling work:
1) in the property subject to the insurance cover up to the sums insured specified in the insurance contract,
2) in the property subject to minor construction and erection assembling work, up to the limit of liability specified for the purpose of this type of clause in the insurance contract, which includes the value of the insured property subject to minor construction and erection assembling work and the cost of performance thereof during the period of insurance coverage, provided that:
a) the said works do not require any permission (construction permit) from the competent organs of authority according to the provisions in force,
b) performance of works does not involve disarrangement of the carrying structure of the object or its roof,
c) works are performed by or under the Policyholder’s order in the building objects transferred for use/exploitation in the place of insurance indicated in the insurance document,
d) the area of works performed is separated and labelled according to the current requirements.
2. WARTA shall not be liable for damage:
1) arising from a building catastrophe,
2) caused by installation of accessory or machinery contrary to the manufacturer’s or supplier’s instructions,
3) to the surrounding property (outside the labelled works zone), which directly arise from inappropriate protection and performance of works.
3. If the overall value of works during the period of coverage exceeds the limit of liability specified in section 1 item 2) herein, the Policyholder shall be obliged to notify TUiR WARTA thereof prior to the commencement of such works and TUiR WARTA shall have the right to increase the insurance premium or to terminate the insurance contract accordingly.
4. In case of failure to perform the obligation specified in section 3 herein, TUiR WARTA may refuse to pay the indemnity in part or in full and/or terminate the insurance contract in the manner and according to the principles stipulated for in § 13 section 7 item 2) of these General Terms and Conditions of Insurance.

Clause 5 Building catastrophe insurances
Without prejudice to the remaining, unchanged provisions specified in these General Terms and Conditions of Property Insurance against Contingent Events it shall be agreed as follows:
1. Against payment of an additional premium, TUiR WARTA shall extend the scope of insurance coverage to include any damage arising from a building catastrophe, which shall be understood as unintended, unpredicted and sudden devastation of a building structure or a part thereof resulting from sudden intrinsic deterioration of integrity of its structural elements notified to the competent authorities referred to in the article 75 section 1 of the Polish Construction Law.
2. A construction catastrophe is not:
1) damage to an element built in the construction structure that can be repaired or replaced;
2) damage or devastation of building facilities attached to buildings,
3) installation failure.
3. TUiR WARTA shall not be liable for damage:
1) which are, depending on the bearing structure older than:
a) 50 years – for structures with wooden and steel construction,
b) 80 years – for structures with construction made of brick and reinforced concrete,
2) without final handing-over protocol drawn up by the authorities of the construction supervision,
3) used contrary to the intended use,
4) lacking the actual “Book of the building structure” with periodical confirmation of the technical state of the building structure,
5) where execution of adaptation and modernization works involved any alternation to the construction components and was not based on the appropriate design and technical documentation and required permits,
6) high-rise buildings without current geodetic surveys confirming the correctness of the foundations of the building structure,
7) excluded from exploitation,
8) located within the areas exposed to mining damage, unless the damage resulted from the execution of geological works and operations, mineral mining operations and underground works using mining technique or falling of mining excavation roof (both operative and shut down),
9) during the construction, extension, reconstruction, restoration and superstructure to property located in these objects.
4. Unless agreed otherwise, the limit of liability specified in the insurance document regarding this clause shall constitute the upper limit of liability of TUiR WARTA for all the events occurring during the period of coverage.
5. The insurance premium for this clause shall be determined in the insurance document.

Clause 6 Insurances against machine and device failure
Without prejudice to the remaining, unchanged provisions specified in these General Terms and Conditions of Property Insurance against Contingent Events it shall be agreed as follows:
1. Against payment of an additional premium in relation to the insured machines and devices installed and used according to their intended purpose, the scope of insurance coverage shall be extended to cover damage resulting from failure and damage.
2. Newly installed machines and devices may be included in the scope of insurance coverage after positive completion of performance tests.
3. The insurance coverage does not include:
a) parts, which undergo quick wear during their use or due to their physical properties or which are not covered by the manufacturer’s guarantee, in particular fire-brick and anticorrosive linings, fire-resistant finish, fire and furnace grates, burner jets, crushing hammers, objects made of rubber, glass and ceramics, belts, chains, lines and wires,
b) all and any exploitation materials, in particular smears, oils, catalysts, coolants and replaceable tools and in particular matrix, shapes, punches, machining tools, electrodes,
c) damage, for which the seller, manufacturer, supplier or the person conducting the repairs is liable for by virtue of guarantee or warranty for defects,
d) damage caused by defects or errors in workmanship existing as of the date of conclusion of the insurance contract, which were known to the Policyholder or his representative,
e) damage resulting directly from their continuous exploitation, particularly normal wear and tear, cavitation, erosion, scale,
f) damage caused by omission to perform the required periodical maintenance inspections and repairs,
g) damage to the machines and equipment, for which the individual sum insured exceeds the amount of 200.000,00 zlotys.
4. This clause shall be applicable only to the machines and devices used for the purposes of commercial and service activity.
5. Unless agreed otherwise, the limit of liability specified in the insurance document regarding this clause shall constitute the upper limit of liability of TUiR WARTA for all the events occurring during the period of coverage.
6. The insurance premium for this clause shall be determined in the insurance document.

Clause 7 Thawing
Without prejudice to the remaining, unchanged provisions specified in these General Terms and Conditions of Property Insurance against Contingent Events it shall be agreed as follows:
1. Against payment of an additional premium as regards the insured current assets which according to the manufacturer or supplier’s requirements should be stored in cooling devices below the temperature minus 18 ° Celsius, the scope of insurance coverage shall be extended to cover all and any damage resulting from thawing as a consequence of:
1) failure of the cooling device used for storage thereof,
2) stoppage of power supply from the power distribution company lasting uninterruptedly for more than 6 hours,
3) failure of an electric device in possession of the Policyholder,
2. The scope of insurance coverage does not include any damage occurring because of:
1) inappropriate storage of the current assets,
2) mechanical damage to packages,
3) planned stoppage of power supply due to the failure to make payments for the benefit of the power suppliers,
3. Unless agreed otherwise, the limit of liability specified in the insurance document regarding this clause shall constitute the upper limit of liability of TUiR WARTA for all the events occurring during the period of coverage.
4. The insurance premium for this clause shall be determined in the insurance document.

Clause 8 Acts of terrorism
Without prejudice to the remaining, unchanged provisions specified in these General Terms and Conditions of Property Insurance against Contingent Events it shall be agreed as follows:
1. Against payment of an additional premium, TUiR WARTA shall extend the scope of insurance coverage to cover the damage arising from acts of terrorism.
2. The limit of liability of TUiR WARTA does not include damage occurring because of:
1) biological or chemical contamination,
2) acts of hooligan-like nature, activities of computer hackers, civil commotion, demonstrations, strikes, threats and false alarms and
3) any other acts without political, religious, ideological, ethnic, racial background.
3. Unless agreed otherwise, the limit of liability specified in the insurance document regarding this clause shall constitute the upper limit of liability of TUiR WARTA for all the events occurring during the period of coverage.
4. The insurance premium for this clause shall be determined in the insurance document.

Clause 9 Strikes, riots and civil commotion
Without prejudice to the remaining, unchanged provisions specified in these General Terms and Conditions of Property Insurance against Contingent Events it shall be agreed as follows:
1. Against payment of an additional premium, TUiR WARTA shall extend the scope of insurance coverage to cover the damage to the insured property caused by:
1) activity of a group of employees in order to extort economical or political demands,
2) legal activity of authorities preventing or trying to prevent the situations set forth in section 1) or aiming at tempering the consequences thereof,
3) activity of a group of persons taking part in riots or civil commotion,
4) activity of valid authorities in order to compress the riots, civil commotion or reduce the consequences thereof,
2. TUiR WARTA shall not be held liable for damages:
1) resulting from any loss of control over the property as a result of seizure, condemnation or forfeiture by valid authorities,
2) resulting from permanent or temporary loss of control over the property as a result of unlawful seizure of any building/building construction by any third party,
3) indirectly resulting from damage to property with the reservation that TUiR WARTA shall not be exempt from liability for physical damage to property occurring before the permanent or temporary loss of control over the property in question, in accordance with sections 1 and 2) herein.
3. Unless agreed otherwise, the limit of liability specified in the insurance document regarding this clause shall constitute the upper limit of liability of TUiR WARTA for all the events occurring during the period of coverage.
4. The insurance premium for this clause shall be determined in the insurance document.

Clause 10 Property in-transit insurance
Without prejudice to the remaining, unchanged provisions specified in these General Terms and Conditions of Property Insurance against Contingent Events it shall be agreed as follows:
1. Against payment of an additional premium, TUiR WARTA shall extend the scope of insurance to cover the damage occurring in road transportation, between the locations of the Policyholder, executed by the Policyholder or his employees, using vehicles owned by the Policyholder or the persons mentioned above,
2. Within the scope of this clause, TUiR WARTA shall be held liable for loss, defect or damage to property in-transit resulting from one or several sudden and unexpected events, which are beyond control of the Policyholder, except for damage excluded in items 4 and 6 herein and covers all and any damage occurring during loading and unloading operations.
3. The insurance coverage commences upon loading the property in the place of dispatch and terminates upon the completion of unloading the property in the place of dispatch, with the reservation that the commencement of the loading/unloading operations takes place within the period not exceeding 12 hours before the commencement/completion of transport.
4. The insurance coverage does not cover damage occurring in transport executed based on contracts of carriage, contracts of forwarding or contracts of logistic services.
5. Within the scope of this clause, the insurance coverage does not cover the following:
1) current assets, movable property of third parties accepted for sale of to perform a service,
2) cash and cash equivalents,
3) live animals,
4) employees’ property,
5) vehicles and devices during haulage,
6) self-propelled vehicles and devices,
7) devices that are permanently fixed to the transporting vehicles,
6. TUiR WARTA shall not be held liable for damage:
1) consisting in any loss of information stored on data carriers of any kind, including magnetic and optical data carriers,
2) occurring as a result of natural wear of the insured property, its latent defects or properties,
3) caused by the use of inappropriate means of transport, not adapted to transport of particular type of property, caused by poor technical state of particular means of transport,
4) resulting from incorrect loading, fixing, arrangement of the property on or inside the means of transport, incorrect packaging or use of inappropriate or inoperative devices in order to execute the loading and unloading operations,
5) occurring as a result of insobriety, drug or pharmaceutical intoxication of the driver or any other person responsible for loading and unloading,
6) occurring as a result of theft without any traces of robbery or loss,
7. Unless agreed otherwise, the limit of liability specified in the insurance document regarding this clause shall constitute the upper limit of liability of TUiR WARTA for all the events occurring during the period of coverage.
8. The insurance premium for this clause shall be determined in the insurance document.

Clause 11 Additional operating expenses
Without prejudice to the remaining, unchanged provisions specified in these General Terms and Conditions of Property Insurance against Contingent Events it shall be agreed as follows:
1. TUiR WARTA shall cover any economically justified additional operating expenses incurred by the Policyholder, related to the application of particular solution in order to avoid or reduce the disturbances in the conducted activity that occurred or may occur as a result of damage to the insured property, TUiR WARTA is liable for under the concluded contract for property insurance against contingent events.
2. The scope of insurance does not cover the following:
1) the costs that are not related to the economic activity conducted by the Policyholder e.g. related to the investments, speculation on the stock market, real estate trading,
2) the costs incurred in connection with loss evaluation, costs incurred on the purchase of new property, costs related to the workforce cut,
3) the costs, which are directly related to removing the property defects,
4) the costs related to the decision of the competent state and self-government authorities, which delay or cause that running further economic activity is impossible for the Policyholder,
5) the costs resulting from lack of capital resources of the Policyholder required for reinstatement of the damaged property.
3. TUiR WARTA shall not be held liable for any additional operating expenses if the damage to property occurred outside the insured premises or at a time other than the period of insurance coverage and when TUiR WARTA shall not be held liable for damage to property.
4. Lack of payment of indemnity due to the property insurance with respect to the amount of franchise applicable shall not influence the liability for damages covered with the insurance protection based on this clause.
5. TUiR WARTA shall pay the indemnity for additional operating expenses incurred by the Policyholder proved with receipts occurring during the period required for restoration of the technical state as of before the damage, not longer that 3 months from the time of loss.
6. Unless agreed otherwise, the limit of liability specified in the insurance document regarding this clause shall constitute the upper limit of liability of TUiR WARTA for all the events occurring during the period of coverage.
7. Franchise deductible specified in the insurance document shall apply to all and any damage subject to the insurance coverage. The said franchise is specified in days, which are calculated into the amount expressed in Polish zlotys by multiplication the average daily costs incurred within the scope of this clause by the respective number of days.
8. The insurance premium for this clause shall be determined in the insurance document.

Clause 12 Experts
Without prejudice to the remaining, unchanged provisions specified in these General Terms and Conditions of Property Insurance against Contingent Events it shall be agreed as follows
1. Against payment of an additional premium, TUiR WARTA shall cover the costs of appointing the neutral expert jointly agreed by the Policyholder and TUiR WARTA as referred to in § 22.
2. Unless agreed otherwise, the limit of liability related to TUiR WARTA’s participation in the expenses related to any damage occurring within the period of insurance coverage shall be specified in the insurance document.
8. The insurance premium for this clause shall be determined in the insurance document.



Clause 13 Building insurance for private persons
Without prejudice to the remaining, unchanged provisions specified in these General Terms and Conditions of Property Insurance against Contingent Events it shall be agreed as follows:
1. Within the scope of these General Terms and Conditions of property insurance against contingent events TUiR WARTA and the Policyholder, who is a natural person not running his own economic activity enter into the insurance contract:
2. Any buildings owned by a natural person may be the subject matter of insurance:
1) multi-family buildings (i.e. including two or more flats).
2) multi-family buildings with premises intended for running economic activity,
3) separated and intended for running economic activity, rented or leased to any third parties, in part of in whole
3. Within this clause the scope of insurance coverage does not include the following:
1) livestock,
2) holiday houses.
4. Buildings may be insured within the following scope of coverage:
1) basic, according to § 5 section 2 item 1a (
2) extended, according to § 5, section 2 item 1b) or full, according to § 5 section 2 item 1c),
5. The sum insured shall be established by the Policyholder and it may be specified in the actual or in the replacement value.
6. The sum insured in established in fixed-sums system as referred to in § 11 section 2.
7. The sum insured is reduced upon payment of indemnity.
8. The insurance contracted within the scope of this clause may not be extended to include clauses 1-12.
9. The insurance premium and franchise shall be specified within the insurance document.