The indemnity expressed in this Policy will not apply to the Insured's liability for loss, damage or destruction
1. of property
(i) belonging to or
(ii) held under a hire purchase or conditional purchase agreement by or
(iii) hired, leased, rented or lent to
(iv) carried gratuitously or as an accommodation by
the Insured or any servant or agent of the Insured whilst in the course of his duties as such.
2. of or to bullion, cash, jewellery, precious stones, precious metals, accounts, bills, currency, deeds, manuscripts, drawings, evidence of debt, money notes or securities, explosives or corrosive, toxic or highly flammable goods or materials, livestock, live plants, vaccines or other property which present a comparable degree of risk or hazard.
3. caused by explosives or corrosive, toxic or highly flammable goods or materials or other property which present a comparable degree of risk or hazard.
4. caused by rust, wear and tear, gradual deterioration, moths, vermin, inherent vice or damage sustained due to or resulting from any repairing, restoration or retouching process.
5. due to atmospheric or climatic conditions unless reasonable precautions have been taken to protect the property against such destruction or damage.
6. arising from the wilful illegal sale of or the wilful conversion and/or wilful or wrongful secretion of property by the Insured, the Insured's employees and/or any person.
7. arising from or traceable to documentation errors and/or omissions or wrongful delivery or misdelivery.
8. arising from or traceable to the infidelity of the Insured's employees and/or any person to whom the property is entrusted.
9. of property occasioned by or happening through any unexplained loss, mysterious disappearance or loss or shortage discovered on taking inventory.
10. caused by or resulting from inadequate packing, delay or loss of market.
11. of property in warehouses due to changes of temperature unless resulting from the total or partial destruction of any refrigerating or cooling apparatus from any cause.
12. due to forged warehouse receipts.
13. caused by theft or attempted theft from any Vehicle or any unexplained shortage of the Property whilst the Vehicle is unattended by the driver or mate unless all windows doors and other means of access are fully closed fastened and locked and all keys including the ignition and starting keys removed from the Vehicle to a place of safety.
14. arising from the use of any trailer or mechanically propelled Vehicle while the driver of such Vehicle is
(i) under the influence of intoxicating liquor or drugs
(ii) not the holder of a valid motor driver's licence in respect of the said Vehicle.
Provided however, that sub-section (ii) of this clause shall have no application if such driver has held and is not disqualified from holding or obtaining and actually obtains such a licence without a further driving test or if any mechanically propelled Vehicle is being used for the purposes of teaching a learner to drive if all requirements of the law in that connection are being complied with.
15. of property being carried in a controlled atmosphere or in refrigerated frozen chilled or insulated conditions due to loss of refrigerant or controlled atmosphere or variation in temperature unless caused directly by fire, lightning, storm or by the collision or over-turning of the conveying Vehicle
16. of property
(i) which is warehoused whether temporarily or otherwise, if the Insured only has Carrier's Liability cover under this Policy.
(ii) in transit, if the Insured only has Warehouseman's Liability cover under this Policy.
17. arising from error or omission in design specification or professional or other advice remedial or other treatment given administered or prepared by the Insured or by any person acting on behalf of the Insured.
18. arising from seepage pollution or contamination including the cost of removing nullifying or cleaning up seeping polluting or contaminating substances.
The indemnity expressed in this Policy will not apply to
19. liability assumed by the Insured under any Agreement, oral or written, unless such liability would have attached to the Insured notwithstanding such Agreement.
20. loss of use or consequential loss of any kind or description consequent upon any loss or destruction of or damage to the Property.
21. liability directly or indirectly caused by or in consequence of war, invasion, act of foreign enemy, hostilities (whether war be declared or not), civil war, rebellion, revolution, insurrection or military or usurped power or requisition or destruction of or damage to property by or under the order of any Government or Public or Local Authority or confiscation or nationalisation.
22. liability of whatsoever nature directly or indirectly caused by or contributed to by or arising from
(i) ionising radiations or contamination by radioactivity from any nuclear fuel or from any nuclear waste from the combustion of nuclear fuel.
(ii) nuclear weapons material.
23. liability in respect of which the Insured is or would but for the existence of this Policy be indemnified under any other policy of insurance; in such case the indemnity under this Policy shall not apply until the full amount of indemnity under such other policy has been applied as far as it shall go in satisfaction of the liability.
24. any fine or penalty imposed upon the Insured or any punitive, aggravated or exemplary damages awarded against the Insured.
25. the first amount of the claims arising out of Any One Occurrence specified in the Schedule as the Excess.