WIXLIB

LEVEL OF POLICY COVERYOUR SCHEDULE WILL INDICATE THE LEVEL OF COVERYOU HAVE SELECTED.ComprehensiveAll sections applyThird Party, Fire & TheftOnly Sections 1, 2, 3, 6, 7 and 8 apply, however in respect ofSection 1 the cover is restricted to loss caused directly by fire;lightning; explosion; or theft. The Uninsured Third Party Protectionextension of Section 4 also applies to any loss.Third Party Liability onlySection 2, 3, 6, 7, 8 and the Uninsured Third Party Protectionextension under Section 4 apply;Competition MotorcycleOnly Sections 1, 2, 3, 6, 7 and 8 of the policy applies, howeverin respect of Section 1, the following Exceptions also apply;a) Section 1 does not cover the insured motorcycle when theengine is running or being started or when it is in motionunder its own motive power.b) S ection 1 does not cover the insured motorcycle for losswhilst it is in transit unless it is secured.c) Loss resulting from fire is excluded unless the cause of thefire is positively identified as solely external to the insuredmotorcycle and ignition occurs more than 24 hours afterthe insured motorcycle has been switched off.Storage & Transit or Restoration & Transit or Off RoadOnly Section 1, 2, 3, 6, 7 and 8 of the policy applies, however inrespect of Section 1, the following Exceptions also apply;a) Section 1 does not cover the insured motorcycle for losswhen it is in motion under its own motive power, unless it istravelling directly to or from a WOF provider for the purposeof obtaining a WOFb) S ection 1 does not cover insured motorcycle for loss whilstit is in transit unless it is secured.13

SECTION 1COVER FORTHE INSUREDMOTORCYCLEFollowing loss, we will, at our option, either:a) pay for cost of repair; orb) pay the amount equal to the reasonable cost of repair; orc) replace the insured motorcycle with an equivalentmotorcycle; ord) pay any amount equal to the insured motorcycle’s marketvalue, Sum Insured or Agreed Value at the time of loss.The most we will pay will be the lesser of the following at thetime of the loss:a) The market valueb) T he Sum Insured for the insured motorcycle as shown inthe schedule.c) Agreed Value if stated in the schedule.We will not be liable for that portion of any repair whichimproves the condition of the insured motorcycle beyond itscondition before the loss.If any part of the insured motorcycle is no longer manufactured,the most we will pay is the supplier’s or manufacturer’s lastlist price for that part or the cost to manufacture a new one,whichever is the lesser amount.This Section does not cover1 Wear and TearThis policy does not insure:a) Loss caused by or in connection with:i. wear and tear;ii. rust or corrosion; oriii. the insured motorcycle’s faulty or defective design,specification or materials.14

However, this exclusion is limited to the partimmediately affected and does not apply to any resultantloss to any other part of the insured motorcycle.2 Consequential LossThis policy does not insure:a) loss of use of any kind whatsoever, or costs or expensesthat result from that loss of use, unless expressly insuredunder an optional extension.b) depreciation or loss in value3. Insured Motorcycle ComponentsThis policy does not insure the following parts of an insuredmotorcycle:a) Engine and all engine parts;b) Hydraulic system ;c) T ransmission system (including but not limited to gearbox,drive shafts, axles, differentials, clutches, and wheel hubs);d) Braking systems;e) Electrical/electronic and mechanical systems;f) Any fixed plant machinery (eg: spraying equipment);However this exclusion does not apply if any loss to an insuredmotorcycle component is the direct result of:a) The insured motorcycle catching fire;b) The insured motorcycle or a conveying vehicle overturning;c) T he insured motorcycle suffering an impact or collision withan external object;d) The whole insured motorcycle being partly or fullyimmersed in a body of water;e) The insured motorcycle being stolen or converted;f) The insured motorcycle being maliciously damaged;g) T he insured motorcycle being accidentally operated withthe incorrect or contaminated fuel orh) H ail, snow or storm, lightningi) Animals4. TyresThis policy does not insure damage to or destruction oftyres. However this exclusion will not apply if the damage ordestruction results from loss that is covered by this policy.15

5. Loss arising from theft or conversion by a prospectivepurchaser. However, this exclusion does not apply if you,as a minimum:a) Have sited the original driving licence of the prospectivepurchaser and have recorded all of the details contained inthe licence, andb) Pass the details of the licence to us in the event of a loss;6. L oss arising from failure of, or defect or fault in the design orspecification;7. The deductible in the schedule for each and every claim.Where more than one insured motorcycle is involved in thesame accident, only one deductible will apply.SECTION 2LIABILITYTO THEPUBLICThis Section covers your liability at law, including your legalexpenses in defending any claim, caused by, or in connectionwith the insured motorcycle, including whilst it is being loadedor unloaded.If you ask us to, we will provide the same cover to anyauthorised rider.The most we will pay is 20,000,000 - inclusive of costs andexpenses in respect of any one claim or claims arising from anyone accidentThis section does not cover your:a) legal liability arising out of or in connection with loading orunloading the insured motorcycle;b) l egal liability for any property (including any road) arisingfrom vibration caused by the insured motorcycle or fromthe weight of the load carried by the insured motorcycle,or from the weight of the insured motorcycle, or from thecombined weight of the load and the insured motorcycle;16

c) legal liability directly or indirectly caused whilst anycomponent or accessory on the insured motorcycle is beingused or operated for the purpose for which it was designedby the manufacturer. (For the sake of clarity – a motorcycleis designed primarily for the transportation of persons.If a component is added to it to give an extension to theoriginal use of the motorcycle, we will not provide cover forthe extended use. For example if you add a crop sprayingmachine to it, we will not provide cover under this sectionwhilst crop spraying)d) legal liability in respect of property which belongs to, or is inthe care, custody or control of you or any authorised rider,other than;i. buildings leased or rented by you or any authorised rider;ii. a motorcycle (not being the property of you or anyauthorised rider or insured under Section 1 of thepolicy) which is being towed by an insured motorcycle,other than a motorcycle which is towed or recovered forreward where your or an authorised rider’s businessincludes a motorcycle recovery service;iii. personal baggage and wearing apparel of any passenger,however this provision does not apply to the your or anyauthorised rider’s liability as a bailee;e) l iability to any person, who at the time of the accident, wasin charge of the insured motorcycle;f) l iability arising as a result of a judgement or order of anycourt outside New Zealand, or for any debt based on suchjudgement or order;g) t he deductible shown in the schedule for each and everyclaim.17

SECTION 3GENERALEXCEPTIONSThere is no cover under this policy for loss or liability;1. Whilst any insured motorcycle is:a) being used by any person who is not an authorised rider;b) b eing used for any professional or business use unlessnotified and accepted by us, or any racing, pace making,reliability trial, hill climbing or speed tests, motor cross, trailriding or off road recreational activity, or being ridden inpreparation for any one of these activities;c) being used in an unsafe condition. For the purposes of thisexception, unsafe condition includes any condition which iscontrary to any recommendation by the manufacturer of theinsured motorcycle or any legal requirement;d) being driven, operated, directed or controlled by any personwho is not the holder of a licence for the appropriateclass and use applicable to the operation of the insuredmotorcycle or its components, or who is breaching anycondition of their licence. This exception will not apply ifthe rider has previously held, and is not disqualified fromholding a licence at the date of loss;e) b eing driven, operated, directed or controlled by any person,who:i. is under the influence of any intoxicating substance ordrug; orii. has a proportion of alcohol in the blood which exceedsthe legal limit. This exception will apply notwithstandingthe rider may have died as a result of the accident; oriii. has a proportion of alcohol in the breath which exceedsthe legal limit; oriv. fails to supply a blood or breath sample as required bylaw; orv. fails to stop, or remain at the scene, following anaccident as required by law.18

A certificate of conviction of the rider, may be used by usas sufficient evidence for these exceptions to apply wherethe offence was committed at the time of or following theaccident; A certificate of analysis of the rider’s blood or a reading froman evidential breath testing device of the rider’s breath maybe used by us as sufficient evidence of the rider’s minimumblood or breath alcohol level at the time of the accident;f) being used whilst loaded or operated in excess of themanufacturer’s recommended specifications, or loadedcontrary to regulations or statute, or operated for itsspecialised purpose and not as a vehicle contrary toregulations or statute;Exceptions (a) – (f) above will not apply in respect of a loss whichresults from theft or conversion;2. Incurred by you or any authorised rider by virtue of anagreement and which would not have attached in the absenceof such agreement;3. Which is recoverable under the Accident Compensation Act2001;4. Which is directly or indirectly caused by:a) war, invasion, act of foreign enemy, war-like operations(whether war be declared or not), civil war, rebellion,revolution, insurrection, or military or usurped power;b) c onfiscation, nationalisation or destruction or damage toproperty by order of government, public or local authority;c) nuclear weapons material;d) ionising radiation or contamination by radioactivity fromany nuclear fuel or from any nuclear waste or from thecombustion of nuclear fuel. Solely for the purpose of thisexception 4(d) combustion will include any self-sustainingprocess of nuclear fission;5. Deliberately brought about by you or any authorised riderunder this policy;6. While any insured motorcycle is being used for the purpose orin furtherance of any criminal activity;7. For any exemplary damages.19

SECTION 4POLICYEXTENSIONSThe following extensions to cover are included if you havecomprehensive cover.Additions and DeletionsAny insured motorcycle disposed of during the currency of thispolicy will be treated as deleted from the date of disposal andany motorcycle acquired by you will be covered by this policyfrom the date of its acquisition, provided all acquisitions areadvised to us within thirty days from their date of acquisition andin respect of those motorcycles over 100,000 immediate noticemust be given to us. The premium for all additions and deletionswill be adjusted on our current premium rates. For declarationpurposes, the value for each additional insured motorcyclewill be its purchase price and in respect of deletions the valuedeclared on the most current schedule at the time of deletion.Agreed ValueIf the insured motorcycle and sustains a total loss the totalamount we will pay you will be the amount declared in theschedule for this extension. If however this amount is 120%or more of the insured motorcycle’s market value then themarket value will become the maximum we will pay. A totalloss occurs when the assessed cost of repairs and the post- lossvalue of the damaged insured motorcycle exceed the amountpayable on the schedule.Certified ValueIf you have provided us a valuation by a motorcycle valuerrecognised by us and we have accepted the valuation we will payyou the amount specified in the valuation in the event of a totalloss being declared. You will need to provide us a new valuationfor every 12 month insurance period and prior to any loss.20

Claim Free RecognitionIf you have remained claim free over the last 5 consecutiveyears of insuring your insured motorcycle, or a previous orsimilar motorcycle, for comprehensive cover with us or anotherinsurance company, once qualified we will not reduce your ClaimFree recognition under this policy as long as you do not makemore than one claim in any one subsequent period of insurance.Cleaning up CostsSection 2 of this policy is extended to cover the reasonable costsincurred in the removal of debris from any road, carriageway orparking area; the costs of recovery, reloading or trans-shippingto the nearest place of safe storage, any property carried by theinsured motorcycle as a load, provided the most we will pay is 5,000 in respect of any one accident. This extension does notcover any fine or penalty.Completion of Journey CostsIf loss occurs more than 100 kilometres from the city or townfrom which you reside and as a result the journey cannot becontinued, this extension covers the reasonable costs incurred in:a) returning you to where the journey first commenced; andb) r eturning the insured motorcycle to the premises where itis normally based following its repair, or recovery costs inthe event of theft or conversion.The most we will pay is 500 in respect of any one accident, and 2000 in the aggregate for all accidents in any one period ofinsurance. This extension applies within New Zealand only.Continuance Of Policy Cover Following Total LossSection 6 – Claim Condition 5 is deleted and of no further effectand replaced with the following:If there is any payment by us in respect of the total loss (orconstructive total loss) of any insured motorcycle, and:a) We are unable to make a recovery from a third party or themajority of the liability for the accident lies with you or anyauthorised rider then the cover granted by this insuranceof such insured motorcycle ceases entirely from the dateof such loss and no premium will be refundable for theunexpired period of insurance in respect of that insuredmotorcycle.21

b) We are able to make a recovery from a third party or themajority of the liability for the accident lies with the thirdparty the cover granted by this insurance of such insuredmotorcycle ceases entirely but will automatically bereinstated in the event of you purchasing a replacementmotorcycle. In the event of the value of the replacementmotorcycle being greater than the insured motorcycle anadditional premium will be charged, but no credit will begiven in the event of the replacement motorcycle being lessthan the original insured motorcycle It is further agreedthat the benefit described above is available only once inany 12 month period of insurance.Death by AccidentIf you die as a result of an accident whilst using the insuredmotorcycle, whether or not death occurs at the time of theaccident, we will pay to the Executors or Administrators of yourEstate the amount of 5,000. Such amount will be in excessof any amount payable under any other policy of insurance orAccident Compensation legislation. The death must occur within12 calendar months of the accident and be solely and directly asa result of the accident.Exemplary DamagesGeneral Exception 7 is deleted and Section 2 is extended to coverexemplary damages for bodily injury in respect of:a) Your Liability;b) the Liability of an authorised rider – if you ask us to.This extension is subject to the following:a) The most we will pay is 250,000 any one claim and 500,000 and in the aggregate for all claims during any oneperiod of insurance;b) E ach and every claim will be subject to a deductible of 10%with a minimum of 5,000. No other deductible shall apply;c) There is no cover under this extension:i. if the claimant was involved in any way in driving,operating, directing or controlling the insuredmotorcycle at the time of the accident;ii. arising from any dishonest, fraudulent or malicious actor omission by you or an authorised rider or anyoneacting on behalf of you or an authorised rider;22

Inablility to DriveIf during the period of insurance you have your New Zealanddriving license revoked by the New Zealand Transport Agencyas a result of you being incapacitated due to injury following anaccident in the insured motorcycle which results in a valid claimunder this policy, we will reimburse you for incurred alternativetransport costs, up to a maximum amount of 1,000 and up to amaximum period of 12 months.InvalidationIn respect of Section 1 – Loss of the insured motorcycle GeneralException 1 is deleted and shall have no further effect providedthat:a) The insured motorcycle was not used for something youknew or ought to have known about; andb) You have not waived any right of recovery against theauthorised rider.The most we will pay under this extension is 50,000 for anyone loss.Keys and LocksIn the event of the keys being stolen for the insured motorcycleor you believing on reasonable grounds they have beenduplicated without your permission, the policy is extended toinclude the costs reasonably and necessarily incurred in replacingthe keys, the locks and/or the lock mechanism for the insuredmotorcycle. A deductible applies of 250 per event, and themaximum we will pay in any one 12 month period of insuranceis 2,000.For cover to apply under this extension, you must have 2 sets ofkeys to the insured motorcycle(s).Loss of UseIf loss covered under {Section One} prevents you from using theinsured motorcycle, this extension covers the reasonable costof you hiring a substitute vehicle, during the Period of loss(as defined below).‘Period of loss’ means the period:a) Beginning when the insured motorcycle is delivered to therepairer to start the repair, or from the date of the loss, ifthe insured motorcycle can no longer be driven, or is lost23

at that date; andb) E nding when the repairs are completed and you have takendelivery of the insured motorcycle, or have returned thesubstitute hire vehicle, whichever occurs first. In the case ofa total loss, the period ends on the date we make paymentfor the total loss.This extension is subject to the following:a) It only applies to the insured motorcycle stated in theschedule as being subject to this extension.b) T he extension does not apply if you have available a

insured motorcycle. Repair Costs: Means the fair and reasonable cost of repair . course of its operation. This exclusion only applies if you or the person in charge of the insured motorcycle was . motorcycle is being used for the purpose of teaching a l