insurance manual Austral Construction Pty Ltd PERIOD: AUSTRAL CONSTRUCTION PTY LTD
insurance manual Austral Construction Pty Ltd PERIOD: FROM 1 DECEMBER 2013 TO 30 NOVEMBER 2014 AUSTRAL CONSTRUCTION PTY LTD / INSURANCE MANUAL PAGE 1 contents SECTION 1 Introduction..................................................................................................................... 3 SECTION 2 Coverage Summaries ..................................................................................................... 4 Construction Material Damage – Annual Policy................................................................ 4 Commercial Motor ............................................................................................................ 6 Corporate Travel............................................................................................................. 10 Industrial Special Risk .................................................................................................... 14 Marine Hull ..................................................................................................................... 18 Mobile Plant & Equipment .............................................................................................. 25 Personal Accident – Journey .......................................................................................... 35 Protection Indemnity ....................................................................................................... 36 Public & Products Liability / Professional Indemnity ....................................................... 37 SECTION 3 Claims Procedures ....................................................................................................... 39 SECTION 4 Important Notices ......................................................................................................... 43 Un-insured Risks ............................................................................................................ 48 Insurance Terms Glossary.............................................................................................. 51 Financial Services Guide ................................................................................................ 53 SECTION 5 Service Directory .......................................................................................................... 56 AUSTRAL CONSTRUCTION PTY LTD / INSURANCE MANUAL AUSTR959676 PAGE 2 SECTION 1 introduction SECTION 1 INTRODUCTION This Insurance Manual has been prepared as a “quick guide” to the various insurance policies maintained by Austral Construction Pty Ltd and subsidiary and associated companies. All insurance policies have the same period of insurance which is 01/12/2013 to 30/11/2014 apart from the Combined Public Liability / Professional Indemnity policy which has a period of insurance of 31/10/2013 to 30/11/2014 and Management Liability which has a period of insurance of 01/06/2013 to 30/06/2014. Please note that this Insurance Manual does not address the W.A Workers Compensation policy which CKA do not arrange. This manual is not a substitute for the actual policy documents and reference should always be made to the policies for the full policy terms and conditions. AUSTRAL CONSTRUCTION PTY LTD / INSURANCE MANUAL PAGE 3 SECTION 2 coverage summaries SECTION 2 COVERAGE SUMMARIES Construction Material Damage – Annual Policy INSURER: SRS Underwriting Agency POLICY NO: CONM 12 0000292 INSURED: Austral Construction Pty Ltd Including Contractors and Sub-contractors CONSTRUCTION CONTRACT: Projects commenced during the Period of Insurance for civil and marine engineering including piling - as expiring. Maximum Construction Period: Maximum Contract Value: CONTRACT SITE: Australia primarily WA PERIOD OF INSURANCE: Construction Period: 18 Months $15,000,000 From: 01/12/13, 4.00pm To: 30/11/14, 4.00pm Testing Period: Maintenance Period: SUM INSURED: 2 weeks 12 months Material Damage Contract Value (Full Cover): Principal Supplied Materials And Items Escalation - % Total Contract Works Sum Insured $15,000,000 (LaoIE) Included (LaoIE) $0 (LaoIE) $15,000,000 (LaoIE) Transit (within Contract Value) $250,000 (LaoIE) Pre-Existing Property $100,000 (LaoIE) Mobile Plant $0 (LaoIE) Huts and Tools $500,000 (LaoIE) Removal of Debris $300,000 (LaoIE) AUSTRAL CONSTRUCTION PTY LTD / INSURANCE MANUAL PAGE 4 Professional Fees $300,000 (LaoIE) Expediting Expenses $250,000 (LaoIE) Mitigation Expenses $50,000 (LaoIE) Total Sum Insured $16,500,000(LaoIE) Limit any one Indemnifiable Event (LaoIE) WORDING: SRS Construction Material Damage Annual Policy Wording (Version 0211) ENDORSEMENTS: EXCESS: 1. Biological or Chemical Materials Exclusion 2. Asbestos and Toxic Mould Exclusion 3. Cap and Close Warranty 4. Difference in Deductibles - as declared 5. Off-Site Storage and Fabrication 6. Piling, Foundation and Retaining Wall Works 7. Pre-existing Property (arising out of Contract Works) 8. CKA agreed endorsements Major Perils * $20,000 Minor Perils $20,000 Transit $5,000 Huts & Tools $2,500 * Major Perils are earthquake, storm, flood, water, snow, ice, frost, landslip, erosion, subsidence or collapse. AUSTRAL CONSTRUCTION PTY LTD / INSURANCE MANUAL PAGE 5 Commercial Motor INSURER: Global Transport & Automotive Insurance POLICY NO: CPG003741-2 INSURED: Austral Construction Pty Ltd & Jan De Nul NV and/or subsidiary and/or related Corporations as defined under Australian Corporations Law. PERIOD OF INSURANCE: From: 1 December 2013 To: 30 November 2014 at 4.00pm LST at the Insured’s Head Office INTEREST INSURED: Loss of and/or damage to all registered vehicles, trailers and motor propelled machinery owned, operated, including those vehicles at inception listed in the attached schedule and legal liability in respect of third party property damage as more specifically described in Insurer’s Policy Wording as identified below. COVERING: Section 1 – Own Damage Loss of or damage to vehicles – refer attached Schedule of Vehicles Section 2- Third Party Legal Liability Liability for Third Party Property Damage caused directly or indirectly by use, ownership, care or control of the vehicle. SUMS INSURED: Part A - Loss or Damage Market Value or Sum Insured whichever is the lesser. Part B - Third Party Liability $30 Million including Supplementary Bodily Injury (CTP Gap Liability) for registered vehicles, excluding vehicles registered in the Northern Territory, but limited to $1,000,000 for Dangerous Goods. VEHICLES INSURED: As declared in Vehicle Schedule LOCATION / RADIUS: Australia wide AUSTRAL CONSTRUCTION PTY LTD / INSURANCE MANUAL PAGE 6 DEDUCTIBLES: Box Trailers $200 Sedans/Utilities/4WD up to $100,000 value All others $1,000 1% of $1,000 whichever the greater Excess applies to windscreen only claims (except Sedans and Vehicles under 2T Carrying capacity) OPTIONAL CONDITIONS: POLICY WORDING: Age and Inexperience excesses apply per Policy Wording. Excess doubles whilst tipping. EC106: Annual Adjustment Global Transport Driveline Commercial / Fleet Policy POL553GT (12/12) and additional wordings and additional endorsements as detailed in the endorsement schedule. ENDORSEMENTS: Waiver of Subrogation You are covered for your legal responsibilities under an agreement you made with another party which required you to indemnify and/or hold harmless and/or release that party from liability for loss, damage or legal liability provided it: - arises from an accident in the period of insurance and - results from the use of your vehicle by you or your authorised driver Hired in Sedans, Vans, utilities or Four wheel drives It is noted and agreed that this policy is extended to include hired in Sedans, Vans, utilities or Four wheel drives (with less that 2 tonne carrying capacity) up to a maximum sum insured of $100,000. The excess under this endorsement is $350 plus appropriate age or inexperience excesses. AUSTRAL CONSTRUCTION PTY LTD / INSURANCE MANUAL PAGE 7 Schedule of Vehicles ITEM NO ASSET CODE YEAR DESCRIPTION REGISTRATION LOCATION DECLARED VALUE 1 DYE368 Concrete Batch Plant N/A WA $327,244.77 2 MVT015 Lexus LS460 Sedan XFB875 VIC $90,000.00 3 MVT002 Trailer, 8x4m Tandem Q33451 VIC $287.94 4 MVT044 Trailer, Tool Tandem Q67530 VIC $9,352.57 5 MVT046 2006 Toyota, Hilux 4x4 Du RU6472 VIC $3,526.00 6 MVT049 2006 Holden, Rodeo 4x2 C/Cab UBY887 VIC $2,217.00 7 MVT051 2007 Toyota, Prado GLX Re 1CKD341 WA $7,832.13 8 MVT051a N/A Prado Accessories N/A WA $445.31 9 MVT053 2007 Holden, Rodeo C/Cab UOG183 VIC $4,946.42 10 MVT055 2007 Toyota, Hilux WOK407 VIC $8,959.69 11 DYE279 N/A WA $12,059.98 12 MVT056 2008 Holden, Rodeo C/Cab WCH375 VIC $8,661.34 13 MVT059 2008 Holden Rodeo C/Cab WCH382 VIC $8,716.77 14 MVT061 2008 Toyota, Hilux 4x4 1CUT204 WA $13,879.96 15 DYE302 Trailer, 8x5 Tandem S6069 WA $1,538.13 16 DYE303 Trailer, 8x5 Tandem S7070 WA $1,538.13 17 MVT063 2008 Water Truck, Hino AMS15000 1CYP907 WA $73,687.89 18 MVT064 2009 Trailer, 8x5m Tandem S70730 VIC $1,704.55 19 MVT065 2008 Toyota, Prado Wagon 1CZY434 WA $23,806.28 20 MVT066 2007 Prime Mover, Kenworth 4045 WDJ928 VIC $79,110.28 21 MVT067 2007 Drop Deck Trailer 66974S VIC $69,221.43 22 MVT069 2009 Holden, Senator HSV LAT073 VIC $33,291.68 23 MVT068 2009 Holden, V8 Caprice XID069 VIC $24,006.26 24 MVT070 2009 Tipper, Hino 716 Crew & Tipper 1DGK393 WA $19,342.94 25 MVT071 2009 Holden, Colorado C/C 4x4 XMU083 VIC $16,947.92 26 MVT072 Drop Deck Trailer, 45' extendable 80100S VIC $78,635.11 27 DYE358 N/A WA $2,632.42 28 DYE396 Trailer, Tradesmans T97750 WA $13,904.26 29 DYE355 Dolly, Road Train Co 79652S WA $22,963.18 30 MVT074 2010 Truck, Nissan GW400 XYS294 VIC $69,620.78 31 MVT074-2 N/A Tipping Body, for Nissan XYS294 N/A WA $18,127.45 32 MVT075-2 N/A Tipping Body, for Nissan XZU205 N/A WA $18,127.45 33 MVT077 2007 Toyota, Prado S/H XZN409 WA $27,684.37 34 MVT079 2010 Holden, Crew Cab XYT975 VIC $20,237.89 35 MVT074-1 N/A Mixer, Quick Release N/A VIC $31,951.14 36 MVT075-1 N/A Mixer, Quick Release N/A VIC $31,951.14 37 MVT075 2010 Truck, Nissan GW400 XZU205 VIC $63,539.53 38 MVT083 2010 Toyota Prado 3.0T / D GXL 1DMK020 WA $35,036.92 39 MVT084 Trailer, Tool Trailer Tandem T97751 WA $48,927.84 40 MVT076 Nissan GW400 Water Cart YEM059 WA $106,634.75 Tipper Demo Body for Kentworth N/A Water Canon for MVT063 AUSTRAL CONSTRUCTION PTY LTD / INSURANCE MANUAL PAGE 8 ITEM NO ASSET CODE YEAR DESCRIPTION REGISTRATION LOCATION DECLARED VALUE 41 MVT081 Tray Truck, Isuzu 1DOC105 WA $21,564.67 42 MVT082 Tray Truck, Isuzu 1DOC106 WA $21,564.67 43 MVT081a Isuzu Truck ROPS for 1DOC105 N/A WA $11,655.64 44 MVT088 Toyota Prado 1DMW155 WA $33,228.94 45 MVT089 Holden Calais V-Series 3.61 V6 YGF093 VIC $28,654.27 46 MVT082a Isuzu Truck ROPS for 1DOC106 N/A WA $11,655.64 47 MVT086 Truck, Nissan UD YHP185 WA $94,664.75 48 MVT087 Truck, Nissan UD YHP192 WA $94,664.75 49 MVT078 Trailer, Rubbish, 8x5 Tandem T82751 WA $5,956.92 50 MVT090 Trailer, Fuel 8x5 tandem U12807 WA $33,787.71 51 MVT091 Trailer, Tool, 8x5 tandem U12828 WA $53,607.13 52 MVT093 Truck, Isuzu NPR300 Crew Cab 1DRH411 WA $41,103.23 53 MVT092 Trailer, Tool, 8 x 5 tandem U57530 WA $55,988.74 54 MVT094 Trailer, Rubbish U26079 WA $10,397.63 55 MVT096 Prado GXL Diesel Wagon YHN920 WA $40,995.06 56 MVT095 Holden VE Commodore YMC777 VIC $26,605.22 57 DYE441 Trailer, Tandem 8 x 5 U41010 WA $7,402.34 58 DYE442 Trailer, Tandem 8 x 5 U41011 WA $7,402.35 59 DYE443 Trailer, Tandem 8 x 5 U41012 WA $7,402.35 60 MVT097 Trailer, Diesel TBA WA $35,061.89 61 MVT098 Trailer, Diesel TBA WA $35,061.89 62 MVT099 Crew Cab Ute, Isuzu TBA WA $45,949.52 63 MVT100 Crew Cab Ute, Isuzu TBA WA $45,949.52 64 MVT101 Crew Cab Ute, Isuzu TBA WA $45,949.52 65 MVT102 Crew Cab Ute, Isuzu TBA WA $45,949.52 66 MVT103 Toyota, Hiace 3.0L 1 TBA WA $55,885.28 67 MVT104 Toyota, Hiace 3.0L 1 TBA WA $56,550.22 68 MVT107 Tractor, JD 6230 -S TBA WA $56,704.56 69 MVT105 Trailer, 60T Pile carrier TBA WA $44,630.52 70 MVT106 Trailer, 60T Pile carrier TBA WA $42,121.73 71 MVT441 Tandem Trailer U41010 WA $9,159.00 WA $9,159.00 WA $9,159.00 72 MVT442 Tandem Trailer U41011 73 MVT443 Tandem Trailer U41012 $2,577,892.78 AUSTRAL CONSTRUCTION PTY LTD / INSURANCE MANUAL PAGE 9 Corporate Travel INSURER: Accident & Health International Underwriting P/L POLICY NO: 0032894 INSURED: Austral Construction Pty Ltd and/or related companies and/or subsidiary companies. BUSINESS DESCRIPTION: Principally Marine & Civil Engineering Contractors and/or related and/or associated activities PERIOD OF INSURANCE: From: To: 1 December 2013 30 November 2014 at 4.00pm Local Standard Time at the Insured’s Head Office COVERAGE: The coverage afforded by this policy shall only apply whilst the Insured Person is engaged on Authorised Business Travel which shall be deemed to mean, travel undertaken on the business of the Insured and/or the Insured Person, authorised by the Insured provided such travel involves a destination outside a radius of 50 km and provided such travel excludes every day travel to and from work. Authorised Business Travel shall also include associated holiday travel. Cover also extends to include directors of the Insured and accompanying family members for private holiday travel interstate and outside Australia. Such cover shall commence from the time the Insured Person leaves their normal residence or place of business, whichever is the place of departure for the commencement of the journey and be continuous on a full-time 24 hour basis until the Insured Person returns to their normal residence or place of business, whichever first occurs. If applicable, cover shall also include accompanying persons travelling separately on the outgoing or incoming journey to directly join or leave an Insured Person. SITUATION: Anywhere in the World AUSTRAL CONSTRUCTION PTY LTD / INSURANCE MANUAL PAGE 10 INSURED PERSONS: All Directors (Executive and Non-Executive), Executives, Chief Financial Officer, Company Secretary and Employees of the Insured (including accompanying family members, defactos, and Partners) and Contractors and/or Consultants as authorised by the Insured. Includes members of the Insured Persons family travelling un-accompanied to meet the Insured Person. SUMS INSURED Maximum Benefit Payable – Each Insured Person Section 1 – Personal Accident Maximum Death and Capital Benefits (Events 1-19) $500,000 (limited to $20,000 for Dependent Children aged 18 years and under) Weekly Benefit (Event 20) $2,000 (limited to a maximum of 85% of Salary) Weekly Benefit (Event 23) $2,000 (limited to a maximum of 85% of Salary) Section 2 - Medical Expenses Medical, Medical Evacuation and AHI Assist Unlimited Section 3 - Additional Expenses Limit any one claim $100,000 Section 4 – Baggage, Travellers’ Cheques, Travel Documents, Credit Cards and Money Baggage, Travellers’ Cheques, Travel Documents, Credit Cards $10,000 (limited to 50% of Sum Insured any single item) (limited to $5,000 any one claim for goods used in connection with business) Computers & Electronic Equipment $5,000 Money $5,000 Section 5 - Loss of Deposits & Cancellation Charges Limit any one claim $20,000 Section 6 – Kidnap, Detention, Extortion and Ransom Limit any one claim $500,000 Mexico, South and Central America are sub-limited to $250,000 Section 7 – Extra Territorial Workers’ Compensation Damages and Common Law for any one claim $2,000,000 Annual aggregate for all claims $2,000,000 AUSTRAL CONSTRUCTION PTY LTD / INSURANCE MANUAL PAGE 11 Section 8 - Hire Car Excess Expenses Limit any one claim $10,000 (Note – all insurances must be taken with the rental organisation (except the excess buy-back) Section 9 - Alternative Employee Expenses Limit any one claim $10,000 Section 10 - Personal Liability Limit any one claim $10,000,000 Section 11 – Evacuation Cover and Personal Safety Limit any one claim $50,000 Section 12 - Life Insurance (first four weeks of travel) Limit any one claim Section 13 – Difference in Conditions $50,000 Not Included AGGREGATE LIMIT OF LIABILITY: $5,000,000 LIMIT ANY ONE EVENT: Charter / Non-scheduled flights (including helicopters) $1,000,000 Nuclear, Biological and Chemical Terrorism $1,000,000 DEDUCTIBLES: Section 4 – Baggage $250 Only applies to Personal Computers including laptops, cameras and camera equipment, and all electronic equipment including mobile phones, personal digital assistants (PDA), electronic organisers, palm pilots and other hand held computers All other sections POLICY WORDING: Nil Accident & Health International Underwriting CT PDS/WRD 01/11 ST AUSTRAL CONSTRUCTION PTY LTD / INSURANCE MANUAL PAGE 12 ENDORSEMENTS: Includes all charter flights where the Insured Persons travel as passengers (including helicopters and single engine aircraft) if declared. Section 6 It is hereby declared and agreed, Kidnap, Detention, Extortion and Ransom, Exclusion 2 is deleted in it’s entirety. Mexico, Central and South America is limited to $250,000 Condition 7 (1) is deleted and replaced by: 7. Cancellation 1. This Plan may be cancelled by You at any time by giving us Written notice, in which We shall allow a pro-rata refund of the unexpired portion of the premium. AUSTRAL CONSTRUCTION PTY LTD / INSURANCE MANUAL PAGE 13 Industrial Special Risk INSURER: CGU Insurance Limited POLICY NO: TBA INSURED: Austral Construction Pty Ltd and (a) Subsidiary companies, organisation and other associated companies as defines under Section 50AAA of the Corporations Act 2001 (commonwealth), and (b) social and sports clubs (including the committees and officers from time to time of unincorporated bodies) and the trustees of the Insured's superannuation and pension funds and welfare organisations, and (c) all organisations and other entities to whom (whether mortgagees, lessors, joint ventures or other parties with a legal or equitable interest in the property Insured) the named Insured has a responsibility to maintain insurance; all for their respective interests, rights and liabilities and to the extent that they are not more specifically insured elsewhere. DESCRIPTION OF BUSINESS: Principally civil engineering design and construction contractor, foundation piling contractor, ground retention structures contractor, property owner and occupier and all other associated activities. PERIOD OF INSURANCE: INTEREST INSURED: From: 1st December 2013 To: 30th November 2014 @ 4.00pm LST at the Insured’s Head Office Section 1 - Material Damage All property of every kind and description owned, used, under the control of the Insured, for which the Insured is responsible or has agreed to insure or has an insurable interest, other than property specifically excluded. Section 2 - Business Interruption An interruption to the business resulting form loss or damage to insured property from a peril not otherwise excluded. SITUATION: Principally 112-126 Hallam Valley Road, Dandenong, Victoria 3175 and anywhere in Australia where property insured may be located either permanently or temporarily. AUSTRAL CONSTRUCTION PTY LTD / INSURANCE MANUAL PAGE 14 LIMIT OF LIABILITY: Sections 1 and 2 Combined $6,000,000 any one loss or series of losses arising from any one event in excess of underlying policy deductibles as specified. Sub-Limits of Liability: The Limit of Liability shall be further limited by the following Sub-Limits of Liability, which shall apply in excess of any policy deductible. Section 1 – ISR - Material Damage Unspecified Damage $500,000 Damage Diminution and Accidental Discharge Costs (B) $25,000 Loss Minimisation $25,000 Personal Property of Employees and Others (B) (Per Person) (any one event) $5,000 $10,000 Accompanied baggage in Australia (C) (per person) $5,000 (any one event) $10,000 Liability to make Enquires (A) $25,000 Statutory Inquires $25,000 Unpacking Expenses $10,000 Liability for Duty $50,000 Landscaping (C) $20,000 Cost of Clearing Blocked Drains, Pipes, Filters and Pumps (B) $20,000 Expediting Expenses $50,000 Loss of Land Value (B) $100,000 Customers Goods $50,000 Securities (A) $20,000 Works of Art, Antiques and curios $50,000 Abandoned Undamaged Portion of Building $250,000 Extra Cost of Reinstatement $100,000 Additional Extra Cost of Reinstatement Removal of Debris Not Insured $100,000 Theft, or any attempt thereat: Alarmed Premises $50,000 Non-Alarmed Premises $10,000 Theft of property in the open air $50,000 Money: On premises/during business hours $5,000 All other $1,000 Weather damage to certain property Decorative Livestock (Fire Cover Only) Temporary Removal Exemption (B) AUSTRAL CONSTRUCTION PTY LTD / INSURANCE MANUAL $10,000 Not Insured $100,000 PAGE 15 Glass Replacement Value Rewriting of Records/Valuable Papers $10,000 Architects and Surveyors Fees $25,000 Statutory Authority Fees $25,000 Fire Extinguishment Costs $25,000 Temporary Protection $10,000 Replacement Locks and/or Keys $25,000 Section 2 – Consequential Loss Gross Profit Not Insured Gross Revenue Not Insured Gross Rentals Not Insured Claims Preparation Costs $20,000 Payroll Not Insured Severance pay Not Insured Additional Increased Cost of Working $500,000 Remote Premises of Public Utilities (B) $100,000 Premises in the Vicinity (Prevention of Access) $100,000 Contractual Fines and Penalties (B) $100,000 Interdependency - Australia Not Insured Unspecified Suppliers and/or Customers premises (Australia & New Zealand) (Single Limit) (B) $100,000 Unspecified Suppliers and/or Customers premises (Australia & New Zealand) (Worldwide) (B) Other Contributing Properties (A) Not Insured $10,000 Royalties Receivable (B) Not Insured Royalties Receivable Name of Entity (B) Not Insured Accounts Receivable (B) $100,000 Trade Exhibitions (A) $100,000 Quarantinable Diseases infectious or Contagious Diseases; Vermin, pests or Defective Sanitary Arrangements; Food or Drink Poisoning; Murder, Suicide (In Aggregate) $250,000 Sections 1 & 2 Combined Acquired Companies $2,000,000 (Cover subject to Insurers receiving notification within 30 days of acquisition) Properties located above 25th Parallel Not Insured New property Acquisitions $2,000,000 (Cover subject to Insurers receiving notification within 30 days of acquisition) AUSTRAL CONSTRUCTION PTY LTD / INSURANCE MANUAL PAGE 16 Properties located above 25th Parallel Not Insured Flood DEDUCTIBLES: $100,000 Section 1 - Material Damage (i) Earthquake, subterranean fire or volcanic eruption: (a) $20,000 or (b) an amount equal to 1% of the total declared values at the situation where the damage occurs whichever is the lesser (ii) Any physical loss, destruction or damage occasioned by or happening though: (a) Named Cyclone $2,000 (b) Flood $5,000 (iii) All other losses $1,000 Section 2 - Consequential Loss The Insured shall bear the following amount(s) in respect of each claim or series of claims arising out of any one original source or cause: (a) Remote Premises of Public Utilities (B) 72 hours (b) Premises in the Vicinity (Prevention of Access) 72 hours (c) Quarantinable Disease: Infectious or Contagious Diseases; Vermin, pests or Defective Sanitary Arrangements; Food or Drink Poisoning; Murder, Suicide 72 hours (d) Unspecified Suppliers and/or Customers Premises (Australia & New Zealand (Single Limit) (B) 72 hours should more than one deductible appear under this policy for any claim or series of claims arising from the one event, such deductibles shall not be aggregated - the highest single level of deductible only shall apply. POLICY WORDING: Steadfast Mark IV Wording with endorsements. INDEMNITY PERIOD: 12 months DECLARED VALUES: Section 1 – All Property Insured $5,110,000 Section 2 – Consequential Loss $520,000 AUSTRAL CONSTRUCTION PTY LTD / INSURANCE MANUAL PAGE 17 Marine Hull INSURER: ACE Insurance Limited POLICY NO: TBA INSURED: Austral Construction Pty Ltd and/or subsidiary companies and/or related companies. PERIOD OF INSURANCE: From: 30 November 2013 at 4pm WST To: 30 November 2014 at 4pm WST INTEREST INSURED: As per Schedule NAVIGATING LIMITS: Within 200nm of Western Australian Coast (or as agreed) UTILISATION: Workboats AGREED VALUE: As per Schedule DEDUCTIBLE: As per Clause 12.1 $5,000 each and every vessel other than MOV046 $10,000 and Plant and Equipment $1,000. AUSTRAL CONSTRUCTION PTY LTD / INSURANCE MANUAL PAGE 18 SCHEDULE Combi Float ASSET CODE DESCRIPTION MPV046 MPV046a DYC014 DYC015 MPE043 Semp, Combi Float & powerpack, Hydraulic Winch, M25-3-86-3 Pu Winch, M25-3-86-3 Pu Winch, Pullmaster DECLARED VALUE $2,349,999.69 $100,000.45 $15,190.85 $15,190.85 $14,907.83 $2,495,289.67 Swissco ASSET CODE MPV047 MPV043 MPV044 MPE001 MPE039 MPV043A MPV047A DESCRIPTION Barge, Swissco (ex A "Winch, ""Emu"" Moor Anchors, 3000kg Talo Anchors, 4(of) Handrail Panels Mono Winch System Upgrade Swissco Upgrade Workboats & Outboard Motors ASSET CODE DESCRIPTION DYM016 DYM030 MPV045 MPV048 MPE042 MPE026 MPE048 MPE049 MPE047 Workboat, "Imogen" Workboat "Thursday" Workboat, "Friday" Workboat "Majestic" Yamaha Long Leg Outboard 25hp Yamaha Long Leg Outboard 25hp Outboard Grey, Metallic 60hp Outboard 15hp 4str Metallic Grey Outboard 15hp 4str Metallic Grey AUSTRAL CONSTRUCTION PTY LTD / INSURANCE MANUAL DECLARED VALUE $565,683.37 $239,999.73 $50,000.00 $1,737.30 $1,761.84 $61,345.38 $334,316.25 $1,254,843.87 DECLARED VALUE $50,000.00 $20,000.00 $10,000.00 $20,840.21 $5,000.00 $5,000.00 $5,000.00 $3,000.00 $3,000.00 $121,840.21 PAGE 19 WORDING: COVER SECTION 1: HULL & MACHINERY 1.1 Institute Time Clauses – Hulls 1/10/83 amended as follows: Clause 1.2 deleted Lines 29 & 30 deleted Clause 6.2.4 – The words “provided such repairs or charterers are not an Assured hereunder” Clause 8 (Collision Liability) deleted Clause 12.3 deleted and replaced with the following DEDUCTIBLE RECOVERIES 12.3 Excluding any interest comprised therein, recoveries against any claim which is subject to the above Deductible shall be credited proportionately between the Assured and the Underwriters. In determining the relative proportion the Assured shall be entitled to recover such proportion according to the ratio between the Deductible and the sum paid by Underwriters. Clause 22 amended to “Cancelling Returns Only” – daily pro rata Institute Additional Perils Clause – Hulls 1/10/83 Including accidental dropping overboard or falling off and theft of the outboard motor(s) even when not locked or bolted to the dinghy/tender/life raft. COVER SECTION 2: DISBURSEMENTS/INCRERASED VALUE (ADDITIONAL TOTAL LOSS COVER) 2.1 Institute Time Clauses – Hulls Disbursements and Increased Value (Total Loss Only including excess liabilities) 1/10/83 amended as follows: Clause 1.2 deleted Lines 28 & 29 deleted Clause 6.4.3 deleted Clause 11 - Cancelling returns only 2.2 This insurance shall also cover Total Loss (Actual, Constructive or Compromised) caused by any peril or circumstance insured against under Section 1. 2.3 Policy Proof of Interest – Full Interest Admitted AUSTRAL CONSTRUCTION PTY LTD / INSURANCE MANUAL PAGE 20 COVER SECTION 3: CLAUSES APPLICABLE TO ALL SECTIONS 3.1 Institute Radioactive Contamination, Chemical, Biological, Bio-Chemical and Electromagnetic Weapons Exclusion Clause 10/11/03 3.2 Institute Cyber Attack Exclusion Clause 10/11/03 3.3 Sanction Limitation and Exclusion Clause 3.4 Asbestos Exclusion Clause 3.5 Institute War and Strikes Clauses 1/10/83 It is hereby understood and agreed that this insurance shall not apply to and does not cover any actual or alleged liability whatsoever for any claim or claims in respect of loss or losses directly or indirectly arising out of or resulting from or in consequence of asbestos in whatever form or quantity. COVER SECTION 4: ADDITIONAL CLAUSES As attached (applicable to all sections of this policy) IT IS AGREED THAT SECTIONS 1 AND 2 ARE DEEMED TO BE SEPARATE CONTRACTS OF INSURANCE. ADDITIONAL CLAUSES ATTACHING TO AND FORMING PART OF THE POLICY SCHEDULE Australian Jurisdiction Clause Automatic Attachment Clause Cancellation (Non payment of premium) Clause Civil Authority Clause Equipment Onshore Clause Errors & Omissions Clause Extension of Cover Clause Loss Accumulation and Aggregate Deductible Clause Other Interested Party Clause Refit Clause Salvage Charges Clause Separate Insurance Clause Transpiration & Laying Up Clause Waiver and Release Clause AUSTRAL CONSTRUCTION PTY LTD / INSURANCE MANUAL PAGE 21 AUSTRALIAN JURISDICTION CLAUSE In relation to all claims under this insurance the Underwriter submits to the jurisdiction in all Australian Courts in the Capital Cities and Territories in Australia. AUTOMATIC ATTACHMENT CLAUSE Should the Assured acquire an insurance interest in any additional vessel(s) through purchase, charter or otherwise, then such insurance as is afforded by this policy to other similar vessels will also attach to such additional vessel(s) as at the time of the attachment of the risk to the Assured. Further, such vessel(s) to be valued, unless otherwise agreed, at the amount fixed between the Assured and the vendor prior to attachment hereunder. The Assured agrees to notify the Underwriter of any additional vessel(s), as soon as reasonably practicable and to pay such additional premium at the agreed rate for similar vessels or as may be mutually agreed between the Assured and Underwriters – limited to a maximum of $2,000,00 any one additional vessel. CANCELLATION (NON PAYMENT OF PREMIUM) CLAUSE Where the Assured fails to pay CKA Risk Solutions (the Broker) the premium or any instalment thereof the Underwriter may issue notice of cancellation giving such notice in writing requiring the Assured to pay the premium on or before any date which may be specified in such notice (but not less than 7 days notice shall be given) and if the Assured fails to pay the premium on or before the date so specified the policy shall be cancelled from the date specified in the notice. The Underwriter will thereupon return to the broker through whom this policy is effected daily pro-rata premium from the date of cancellation. CIVIL AUTHORITY CLAUSE Notwithstanding anything contained in this Policy to the contrary it is agreed that property which is insured under this Policy is also covered against the risk of damage or destruction by civil authority during a conflagration or other catastrophe and/or for the purpose of retarding same. EQUIPMENT ONSHORE CLAUSE Notwithstanding the perils clause contained in the Institute Time Clauses – Hulls 1/10/83 as attached hereto, this policy is extended to cover all risks of loss or damage to, any machinery and/or equipment and/or parts of the vessel, whilst removed from the vessel (including storage on land and transit to and from the vessel) for the purpose of:repairs, such repairs being occasioned by a casualty to the insured vessel during the period of insurance. general maintenance during the period of insurance storage on land during any period where the vessel is in port laid up out of commission Subject to Limit of $100,000 and deductible of $1,000 AUSTRAL CONSTRUCTION PTY LTD / INSURANCE MANUAL PAGE 22 OTHER INSURANCE: There shall be no right of recovery under this Equipment Onshore Clause in respect of any claim which is otherwise recoverable under insurance arranged by or on behalf of the Assured ERRORS AND OMISSIONS CLAUSE The Assured shall not be prejudice by any unintentional or inadvertent error, omission, non-disclosure or misrepresentation provided notice is given to the Underwriter as soon as practicable upon the discovery by the Assured of any such error, omission, non-disclosure or misrepresentation. Where any error, omission, non-disclosure or misrepresentation is discovered by the Assured at the time of the loss it is agreed as between the Assured and the Underwriter, that the Underwriters liability in respect of a claim(s) may be reduced to an amount that would place the Underwriter in a position in which the Underwriter would have been if the error, omission, non-disclosure or misrepresentation had not been made. which is otherwise recoverable under insurance arranged by or on behalf of the Assured. OTHER INTERESTED PARTIES CLAUSE The Underwriters will indemnify, as though they were the named Assured, all parties interested in the vessels and/or their equipment hereby insured by way of mortgage, loan, lease, hire purchase or other agreement, and the Underwriter shall waive all rights of subrogation which may have otherwise existed against such parties. REFIT CLAUSE It is agreed that if any vessel or vessels hereunder shall undergo an engine refit, structural alterations or repairs the perils insured against shall be automatically amended to provide all risks of loss or damage to the subject matter insured caused and discovered during the period of the engine refit, structural alternations or repairs including the costs of repairing or replacing or renewing any defective part condemned solely in consequence of the discovery therein, during the period of the engine refit, structural alternations or repairs, of a latent defect. SALVAGE CHARGES CLAUSE Where a claim for partial loss of the vessel is admitted under this policy and salvage charges for which the Assured is legally liable, have been incurred, in saving or attempting to save the vessel, then the Underwriters agree to reimburse the Assured their servants or agents for such salvage charges so incurred. The sum recoverable under this clause shall be payable in addition to the partial loss otherwise recoverable under this insurance but shall in no circumstances exceed the agreed value and amount insured in respect of the vessel. SEPARATE INSURANCES CLAUSE If more than one vessel is insured under this insurance, each vessel is deemed separately insured, as if a separate policy had been issued in respect of each policy. AUSTRAL CONSTRUCTION PTY LTD / INSURANCE MANUAL PAGE 23 TOWAGE CLAUSE Notwithstanding anything contained in this policy to the contrary, it is agreed that the vessel(s) insured hereunder may tow or be towed as desired without advice to Underwriters or the requirement of additional premium, provided that where an insured vessel is engaged in towage operations other than in respect of: towage of vessels in distress or as is customary towage of vessels owned by or chartered to or managed by or under the control of the Assured or vessels belonging to a parent or subsidiary company The conditions of towage must be in accordance with, in unamended form, one of the following alternate contract forms. The United Kingdom, Netherlands or Scandinavian Towage Conditions The International Ocean Towage Agreements “Towhire” or “Towcon” Conditions Lloyds standard Form of Salvage Agreements LOF 1980, LOF 1995 or LOF 2000 BIMCO Supplytime 1989 or Supplytime 2005 Charterparty Any other contract or agreement on terms no less favourable than “knock for knock” Notwithstanding the foregoing, cover under this policy in respect of loss or damage to the insured vessel(s) will not be prejudiced by failure of the Assured to enter into Towage Conditions prescribed as above TRANSPORTATION AND LAYING UP CLAUSE The vessels are covered whilst laid-up, afloat or ashore including hauling out and launching or on trial trips within the limits of the policy Land transit is permitted within 50 kilometres from the place of hauling out to lay up site, whilst there and return including slipping, dry docking and repairs on land. Land transit outside 50 kilometres radius and also sea transit is held covered subject to notification to the Underwriters and payment of any additional premium, if required, without diminution of cover. Including General Average in respect of sea transport. WAIVER AND RELEASE CLAUSE Underwriters hereby agree to waive any rights of subrogation against: Any Assured named in this policy or any co-owner of interest hereby insured (including any directors, officers, employees or servants thereof) Any corporation, organization or other entity (including any directors, officers, employees or servants thereof) owned or controlled by or subsidiary to any Assured named or described in this insurance. The Assured may without prejudicing its rights of recovery hereunder enter into any contract or agreement that has the effect of releasing from liability any third party that may be responsible for any loss, damage or expense recoverable hereunder. AUSTRAL CONSTRUCTION PTY LTD / INSURANCE MANUAL PAGE 24 Mobile Plant & Equipment INSURER: Underwriting Agencies of Australia Pty Ltd POLICY NO: TBA INSURED: Austral Construction Pty Ltd, Jan De Nul NV and/or subsidiary companies and/or related companies. PERIOD OF INSURANCE: TERRITORIAL LIMITS: LIMIT OF LIABILITY: From: 1 December 2013 To: 30 November 2014 at 4.00pm LST at the Insured’s Head Office Section 1 to 6: Anywhere in Australia Section 7: Worldwide excluding North America Section 1- Damage Sum Insured: $10,949,450 Limit Any One Loss: $10,000,000 Excess % of sum insured: Minimum excess (whichever greater): 1% $5,000 Items covered by this Section 1,2,3,4,5 but more fully as per Broker provided Schedule dated 15 November 2013. Section 2 - Hired In Plant Blanket Cover Yes Max Sum Insured Any One Machine (unless on Schedule): $1,000,000 Max Sum Insured All Machines: Hiring Charges: Limit Any One Loss: Indemnity Period (Hiring Charges): Initial Period (Hiring Charges): Excess % of sum insured: Minimum excess (whichever greater): On Hire/Dry Hire terms: AUSTRAL CONSTRUCTION PTY LTD / INSURANCE MANUAL $9,914,000 $150,000 $10,000,000 13 Weeks 14 Days 1% $5,000 Not Insured PAGE 25 Section 3 - Additional Benefits Additional Benefits Section 1 - Damage Sum Insured Excess Damage Lifted Goods Section 2 - Hired In Plant Sum Insured Excess $5,000 $5,000 $5,000 $5,000 Expediting Costs $10,000 $10,000 Rec/Cost (No Damage) $50,000 $5,000 $50,000 Rec/Cost (Damage) $250,000 $250,000 $50,000 $50,000 $1,000,000 Blanket Extra/Cost Reinstatement Add/Del Machines Optional Additional Benefits Owners Protection $5,000 Section 1 – Section 2 – Damage Hired In Plant Included Included Owners Protection Plus Not Included Not Included Hired Out Plant (Damage Waivers) Not Included Not Included Section 6 - Road Risk Sum Insured: Excess: $20,000,000 $1,000 Items covered By this Section Item Number CLAUSES APPLICABLE: Dangerous Good Limit 6 $500,000 7 $500,000 Hired in Plant - Blanket Cover Cover for Machines on Watercraft Down Hole Exclusion POLICY WORDING: Industrial Special Plant QM2003-0811 AUSTRAL CONSTRUCTION PTY LTD / INSURANCE MANUAL PAGE 26 GENERAL PAGE: Combined Limit any one Loss for Sections 1 to 5:The Aggregate of all indemnity and all other amounts under any additional Benefits payable under sections 1 to 5 in respect of the period of insurance shall not exceed $10,000,000. Hired in Plant Risk: It is noted that Section 2 includes the items previously specified on the policy and included in the Brokers Schedule provided (TAV $9,914,000). There is an aggregate limit of $300,000 payable on claims made for Hired in Plant ongoing Hire Fees. The excess in respect to work over water shall be 2% subject to a minimum of $10,000. The excess in respect to Named Cyclones shall be 3% subject to a minimum $20,000. WGC Cranes dry hire is noted as Named Insured in respect to the Liebherr LR1280 28T Crawler Crane, sum insured $2,420,000. It is noted that cover for work over water will be included automatically for machines with a sum insured up to $1,000,000. All machines working over water with a sum insured / market value over $1,000,000 must be declared for acceptance. All work over water must be conducted in accordance with all rules / regulations & guidelines governing such work. AUSTRAL CONSTRUCTION PTY LTD / INSURANCE MANUAL PAGE 27 Schedule of Mobile Plant & Equipment ITEM NO 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 ASSET CODE DYP045 DYP030 DYH029 DYP013 DYC001 DYH037 DYL009 DYH021 DYP018 DYH030 DYH031 DYE028 DYE210 DYE049 DYE050 DYE053 DYE056 DYE109 DPB002 DPB003 DPB004 DPB005 DPB006 DPB010 DYC006 DYC008 DYP001 DYP007 DYP008 DYL002 DYL006 DWE004 DYP013A DHY010 DYE185 DYE037 DYE038 DYE057 DYE059 DYP004 DYE103 DYE096 DYE085 DYE101 DYL007 DYL008 DYP015 DYE182 DYE180 DYE184 DYE187 DYE189 DYE200 DYE201 DESCRIPTION Hammer, Banut 655 Hy Piling Rig, Bauer RT Hammer, IHC Hydro Ha Piling Rig, ABI Pili Crane, IHI 50T Crawl Hammer, IHC S-90 Hyd Power Supply, Hydrau Powerpack, 575hp C15 Vibrator-Hyd J&M 44Hammer Sleeves, 2(of "Hammer Sleeve, 36"" Pump, Hand Pump & 30 Pump, Centrifugal, C Rigging (continually Safety Equipment Sto Ground Release Shack Steel, Checker Plate Work Box for Bauer P Container, 6 x 2.4m Container, Tools Sto Container, 6 x 2.4m Container, 6 x 2.4m Container, 6 x 2.4m Container, 6 x 2.4m Crane basket 3(of) Forklift, 6t, Cat. 1 Augers Excavator/Auger 800m Excavator/Auger Shaf Leaders, Taree Leade Piling Rig Moonbeam Drill, Pedestal 5' r Piling Rig, ABI Refu Power Pack, Volvo fo Hammer, Electric Dem Powerpack, Hydraulic Powerpack, Hydraulic Theodolite Water Tank, 4500 ltr Excavator/Hydraulic Welder, 140amp WRITE Pump, Hand, Hydrauli Jack, 100t Hydraulic Tank, Fibreglass, ex Leader, Hanging Lead Leader, Hanging Lead Auger, Earth Auger P Pump & Water Spray S Pipe Rollers Motor U Jack, 800t/150mm Str Tripod & Staff 5550kN Test Beam, Ro Strongbacks, 130(of) Strongbacks, 40(of) AUSTRAL CONSTRUCTION PTY LTD / INSURANCE MANUAL DECLARED VALUE $2,400,000.47 $1,682,058.86 $599,999.95 $316,808.76 $350,000.57 $500,000.48 $300,000.35 $200,000.28 $184,677.00 $119,999.54 $102,939.98 $229.40 $2,918.56 $2,994.26 $374.03 $321.12 $688.23 $37.32 $449.01 $8,408.39 $449.01 $449.01 $449.01 $449.01 $3,394.67 $8,486.49 $2,293.50 $917.37 $263.74 $20,642.65 $5,989.17 $2,280.21 $137,862.37 $2,806.80 $187.30 $344.15 $573.15 $229.40 $229.40 $3,440.49 $74.96 $104.71 $114.63 $187.30 $3,440.49 $3,440.49 $1,497.52 $374.03 $10,506.68 $898.30 $581.86 $4,592.02 $2,919.72 $778.47 PAGE 28 ITEM NO 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 ASSET CODE DYE202 DYE208 DYE209 DYE148 DYP011 DYE176 DYE177 DYE178 DPB032 DPB034 DPB036 DPB037 DYE188 DYE192 DYE190 DYE131 DYE156 DYE154 DYE143 DYE803 DYE159 DYE160 DYE161 DYE162 DYE163 DYE164 DYE165 DYE191 DYE169 DYE043 DOE043 DYE167 DYE284 DYE137 DYE145 DYP020 DYE393 DYE211 DYP023 DYH017 DYE219 DYE223 DYE226 DYE227 DYE228 DYE229 DYE230 DYE231 DYE232 DYE233 DYE234 DESCRIPTION Strongbacks, 30(of) Screw Jacks, L&R 30( Z-Bar Lifters Probe Bucket, 20t Mud Buck Bucket, 1.20m Atlas Fuel Bund Fuel Bund Fuel Bund Container, 3.2 x 2.4 Container, 6 x 2.4m Container, 6 x 2.4m Container, Welding, Brevini Hydraulic Dr Laser Level Green Electric Demo. Grout Pump 1 metre ( Grout Pump Power Pac Welder Equipment Sub Powerpack, 15000kg L Laser Level, Dumpy Container Base, 6 x Container Base, 6 x Container Base, 6 x Container Base, 6 x Container Base, 6 x Container Base, 6 x Container Base, 6 x Pump, Sykes Vibrator, Steel Petr Hydraulic Tester Heater, Wildcat 180 "Pump, Vacuum 6"" Sy Vibrator Jaws for MR Welder, 400amp Linco Bucket, 800mm 15t Ro 15 tonne rock grab f Vibration Roller, Ne Generator, Honda 5.5 Bucket, GP Drilling Hammer, Cordless Rot Wacker incl. Vibr Pl Jacks, Sand Jacks 84 Noise Dose Meter, Ca Squat Ram 100t Squat Squat Ram 50t Squat Squat Ram 50t Long R Squat Ram 100t Long Squat Ram 500t Long Squat Ram 500t Long Squat Ram 500t Long Squat Ram 500t Long AUSTRAL CONSTRUCTION PTY LTD / INSURANCE MANUAL DECLARED VALUE $404.48 $224.52 $936.02 $299.49 $374.03 $275.10 $275.10 $275.10 $299.49 $299.49 $134.74 $134.74 $10,183.78 $642.68 $185.83 $6,880.97 $3,440.49 $2,994.26 $261.84 $224.52 $134.74 $134.74 $134.74 $134.74 $134.74 $134.74 $134.74 $207.28 $187.30 $299.49 $108.08 $2,620.23 $2,054.99 $1,160.55 $224.52 $2,036.92 $29,680.87 $465.02 $537.29 $122.71 $456.41 $1,525.71 $2,690.49 $49.27 $17.55 $26.27 $34.99 $63.36 $73.89 $77.33 $94.90 PAGE 29 ITEM NO 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 ASSET CODE DYE221 DYC013 DYE235 DYE241 DYE240 DYE045 DYH023 DYH010 DYE262 DYE263 DYE255 DYE257 DYE258 DYE259 DYE256 DYE260 DYE264 DYE261 DYE269 DYH022 DYC016 DPB101 DYE275 DYC017 DYH027 DYH028 DYE276 DYC010 DYP027 DYE277 DWE050 DPB111 DWE053 DWE055 DWE056 DWE057 DWE058 DWE061 DWE060 DYE280 DYE282 DWE062 DYE281 DYE283 DWE063 DYE285 DYE286 DYE287 DYE292 DYP033 DYE293 DPB073 DWE297 DYE300 DPB112 DESCRIPTION Jetwave Petrol Press Crane, Secondhand 10 Laser Level, LP30AC Machine Drilling Man Wacker, Petrol Drive Parts Washer Pump, Submersible & Hammer, Hyd.c 4.43t Ladder, 5.4 Metre Ladder, 4.8 Metre Dyna Drill, DD575 Dy Drill, Makita HR3000 Drilll, Metabo Techd Drill, Makita Tech D Grinder, Makita Angl "Grinder, Makita 9"" Grinder, Makita Grin Circular Saw, Makita Pump, Hyd. with Hose Vibrator, VP57/2 Vib Forklift, Hyser H275 Toilet Block Excavator, Hitachi 2 Forklift 2.5T Diesel Hammer, Wagstaff Hyd Vibrator, Wacker Die Laser Pipe, GL2500 T Crane, Grove RT-75S Rock Breaker, Indeco Pump, Submersible P2 Compressor, Champion Toilet Block, Shower Compressor, Compair Wrench, Titan T3 Tor Welder, Vantage 575 Welder, Vantage 575 Compressor, Atlas XA Wire Feeder, Lincoln Theodolite, DWT-10 , Surveying Topcon, Tr Spraywell Blasting E Wrench, Titan T5 Hyd Welder, Lincoln LN25 Concrete Pressure Me Powerpack, Honda Hyd PU8 Sheet Piles (55 Man Cage, 300kg 2 Ma Fall Arrestor 30M Bl Man Cage, 300kg 2-Ma Rock Breaker, Indeco Ripper, 20t (for Hit Site Office, 9 x 3.3 Washer, HP Honda Was Chain Lashing 12mm L Container, 8' x 8' O AUSTRAL CONSTRUCTION PTY LTD / INSURANCE MANUAL DECLARED VALUE $873.69 $14,437.79 $242.86 $223.81 $321.06 $50.57 $389.41 $5,240.47 $43.12 $39.52 $225.25 $244.09 $194.91 $64.45 $62.47 $54.34 $49.05 $49.12 $909.40 $116.53 $15,772.19 $872.22 $15,117.20 $1,987.66 $10,491.78 $56.35 $43.28 $74,749.64 $9,987.98 $288.74 $1,049.03 $588.03 $7,733.99 $1,307.76 $2,331.08 $2,331.08 $6,927.84 $1,132.18 $270.52 $2,017.67 $1,114.76 $1,605.96 $1,176.01 $2,679.93 $2,493.17 $7,550.79 $644.46 $376.74 $681.37 $22,543.08 $2,305.23 $25,843.47 $1,367.31 $1,367.31 $737.35 PAGE 30 ITEM NO 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 204 205 206 207 208 209 210 211 212 213 214 215 ASSET CODE DWE065 DYE296 DYP034 DYP035 DYP037 DYE294 DYE295 DYE290 DYE291 DYE301 DYE305 DPB073a DYE302a DYC030 DWE066 DYE306 DYC031 DYE312 DYE318 DYE317 DWE070 DWE071 DYE316 DYE328 DYE329 DYE330 DYE324 DYE303a DYE332 DYE323 DYE319 DYE320 DYE325 DYE331 DWE075 DPB075 DYE335 DYE336 DYP013B DYE338 DYE339 DYE327 DYC034 DYE343 DYE317a DYE188a DYP024 DYP041 DYE344 DYE345 DYP025 DYE347 DYP039 DYE350 DYE809 DESCRIPTION Power Tools, Misc. H Ripper, 30T Ripper Bucket, 2000ltr Mud Bucket, 600kg Rock B Bucket, 600kg Rock B Generator, Atlas Cop Generator, Atlas Cop Sokkia LP31AS Laserl Level, Tripod & Staf Welder, Vantage 575 Tank, 2400ltr Water Mesh Grills/Blinds, Compressor & Misc Ho Crane, 16T 20m Span Theodolite, DT610 El Wire Feeder, Lincoln Forklift, Yale GDP30 Pump, Triton c/w Air Bearing Box Bearing Motor, 1104A Perkins Generator, Subaru D3 Generator, Subaru D3 Laser Level, Sokkia Chock, 27kg H/Duty C Hooks, 4 Self Lock C Clamps, 2(of) S/H I 10T Rotator & 2 Sing Prime Punmp & Access Pump, PE554 Electric Pressure Unit, Honda Lighting Towers, 9M Lighting Towers, 9M Welder, Sub-Arc, Bea Scissor Lift, SHand Generator, Gentech H Site Office, 9.0 x 3 Welder, Vantage 575 Welder, Vantage 575 Piling Rig, ABI Comp Lighting Tower, 9M H Lighting Tower, 9M H Wire Feeder, Lincoln Crane, JEC 10t Secon Grout Pump - 8 Bag C Powerpack Rebuild DY Gearbox Rebuild Brev Pile Lifting Shoes, Bucket, 1 x 20t Wide Vibrator, Wacker Vib Tank, 1200Lt Tank, P Piling Frame. New Forksweep, 1400mm Br Piling Sleeve to fi Oil Filter Pump Kit Saw, Brobo Waldown C AUSTRAL CONSTRUCTION PTY LTD / INSURANCE MANUAL DECLARED VALUE $546.98 $2,951.01 $4,082.41 $3,934.75 $3,934.75 $12,033.38 $12,033.38 $377.73 $181.07 $10,380.57 $1,645.30 $2,142.16 $4,202.87 $50,630.85 $914.72 $850.61 $27,648.92 $788.04 $9,891.79 $6,413.98 $2,133.79 $2,133.79 $840.18 $456.27 $1,558.26 $33,012.02 $10,871.24 $5,383.23 $1,561.03 $2,665.09 $14,099.05 $14,099.05 $12,987.06 $19,823.41 $4,340.28 $30,671.06 $12,549.99 $12,549.99 $45,328.93 $15,081.09 $15,081.09 $3,178.57 $96,991.79 $1,906.03 $18,224.34 $12,434.72 $148.70 $7,033.17 $6,474.37 $4,285.84 $4,791.01 $8,287.90 $12,633.10 $600.76 $3,096.05 PAGE 31 ITEM NO 216 217 218 219 220 221 222 223 224 225 226 227 228 229 230 231 232 233 234 235 236 237 238 239 240 241 242 243 244 245 246 247 248 249 250 251 252 253 254 255 256 257 258 259 260 261 262 263 264 265 266 267 268 269 270 271 ASSET CODE DYE810 DYE811 DYE351 DYE362 DYE360 DYE361 DYE363 DYE364 DYE365 DYE356 DYE357 DYC039 DYP047 DYE366 DPB077 DYC040 DPB076 DYP048 DYP049 DPB033 DYP050 DYP051 DYP052 DYP053 DYP054 DYH034 DYE370 DYE371 DYC034A DYE372 DYE375 DYE377 DYE381 DYE373 DYE374 DYE376 DYE386 PCE211 DYE389 PCE216 PCE227 DYE400 DYE379 DYC041 DPB076a DYE398 PCE243 PCE244 DYE401 DYE402 DYP045A DPB079 DYE404 DYE405 DYE410 DYE417 DESCRIPTION Welder & Wire Feeder Welder & Wire Feeder Base Station Topcon Pump, Remote Samplin Gas Detector, Multip Gas Detector, Multip Vacuum Excavation Un Bulk Waste Bin 5t Rescue Stretcher/Kit Gang Box Gang Box Crane BHB 14t Tracto Auger, A10 9inchfor Generator, Atlas 400 Container, Damaged 2 Skid Steer Loader, C Site Office, Batch P Auger, 75mm A7D 200/ Auger, 75mm A7D 300/ Shipping Container 2 Excavator, Komatsu P Excavator, Komatsu P Wheel Loader, Komats Excavator System, To Excavator System, To Vibrator, Wacker Vib Concrete Mini Screed Concrete Calibre Bat Crane, Jec 10t Refur Wire Feeder, LN-25 L Wire Feeder, LN-25 L Chiller Cooling Syst Generator, Atlas Cop Vantage 575 Welder Vantage 575 Welder Wire Feeder, LN-25 L Pressure Washer, Eco Topcon Base Station Vibration Roller, Ne Topcon Hiper Rover "LCD TV, Samsung 60" Ripper, 20T 600mm Di Grout Bag Unloader f Wheel Loader, Komats Concrete Batch Offic Generator, Atlas Cop Digital Camera, Pana Digital Camera, Pana Welder, Vantage 580 Welder, Vantage 580 Hammer Attachment, f Container, 20ft Dang Pump, Diesel Transfe Pump, Diesel Transfe Saw, Petrol Floor 50 Spreader Beam AUSTRAL CONSTRUCTION PTY LTD / INSURANCE MANUAL DECLARED VALUE $3,125.23 $3,125.23 $30,468.40 $242.42 $682.57 $682.57 $34,121.42 $3,340.57 $3,438.25 $2,133.54 $2,133.54 $60,929.64 $1,779.99 $23,208.24 $673.24 $51,164.65 $2,019.65 $907.33 $880.27 $1,499.21 $109,714.08 $167,698.83 $133,856.82 $55,323.87 $55,323.87 $3,497.47 $29,483.05 $12,115.66 $6,755.28 $1,855.01 $1,718.63 $46,722.16 $14,296.59 $12,912.79 $12,912.79 $2,562.85 $4,428.58 $11,988.92 $29,580.70 $17,189.90 $3,601.32 $7,059.72 $54,402.67 $153,317.82 $5,657.18 $19,843.92 $262.28 $262.28 $16,368.59 $16,368.59 $281,439.87 $29,259.57 $3,175.42 $3,175.42 $1,358.26 $993.06 PAGE 32 ITEM NO 272 273 274 275 276 277 278 279 280 281 282 283 284 285 286 287 288 289 290 291 292 293 294 295 296 297 298 299 300 301 302 303 304 305 306 307 308 309 310 311 312 313 314 315 316 317 318 319 320 321 322 323 324 325 ASSET CODE DYE416 DYE420 DYE406 DYE414 DYE424 DYE415 DYE426 DYE425 DYE430 DYE434 DYE435 DYC042 DYE427 DYE438 DWE078 DWE079 DYE433 DPB078 DYE428 DYE432 DYE431 DYE447 DYE448 DYE446 DYE452 DYE451 DYE449 DPB085 DYE436 DPB080 DPB083 DPB084 DYE467 DYE468 DYE463 DYE469 DYE470 DYE472 DPB092 DWE032 DWE042 DYE216 DYE217 DYE218 DYE304 DWE069 DWE076 DYE407 DYE421 DYE422 DYE440 DYE423 MPE050 DYE215 DESCRIPTION Barricades, APS cons Welder, Fronius Tran Gang Box Skid Steer Loader, C Skid Steer Broom Att Excavator, Komatsu P Vibration Rammer, DS Compactor, Reversibl Topcon 3D Machine Co Vibration Roller RT8 Vibration Roller RT8 Crane, 10t BHB Black Barricades (150 piec Topcon Dual Grade La Crimper, Cabac B135Digital Installation Excavator, Komatsu P Container, Dangerous Load Bank 40kW Excavator, Komatsu P Topcon 3D Machine Co Excavator, Komatsu P Excavator, Komatsu P Wheel Loader, Komats Pressure Washer, 12 UHF Radios x 19 Vacuum Excavation Un Container, Storage Diesel Tank Container, Mobile Ty Container, Marine Container, Dangerous Pressure Washer, Au Generator, Crommelin Compressor, Compair Plasma Cutting Stati Generator, QAS14 14K Generator, QAS14 14K Container, Storage Press, electro-hydra Flow Gauge, Hydrauli Compressor, XAS 97 A Wire Feeder, LN25 Li Wire Feeder, LN25 Li Saw, Rail Saw MTZ350 Pressure Kit, Kaeser Toolkit, Giant Works Lathe, Bore Gosan Guillotine, AMC Hydr Pressbrake, 150t Hyd Press, HP100 MK2, Hy Plasma Cutter Ramps, Barge Loading Generator, Atlas Cop DECLARED VALUE $13,147.70 $542.99 $3,518.15 $59,010.47 $5,744.59 $57,806.52 $3,478.27 $6,778.85 $54,156.89 $20,340.97 $20,340.97 $59,157.33 $26,025.18 $3,712.37 $2,513.96 $1,041.00 $59,385.24 $60,724.82 $6,177.81 $176,000.13 $71,498.35 $37,251.81 $37,251.81 $200,089.21 $4,739.44 $15,947.76 $37,362.15 $14,531.90 $9,913.13 $128,838.44 $19,270.32 $52,043.48 $6,180.25 $4,675.28 $7,170.46 $26,131.64 $15,063.09 $15,063.09 $15,340.70 $2,293.50 $1,530.77 $2,551.44 $394.77 $394.77 $2,364.78 $6,364.03 $1,085.82 $25,430.17 $13,618.66 $23,776.33 $17,542.20 $1,328.34 $6,836.50 $20,000.00 $10,949,450.88 AUSTRAL CONSTRUCTION PTY LTD / INSURANCE MANUAL PAGE 33 Items 'On-Hire' ITEM NO 1 HIRED FROM DESCRIPTION HIRE DURATION SERIAL NO DECLARED VALUE WGC Cranes Liebherr LR1280 280T Crawler 1st Dec to 30 June $2,420,000.00 2 Tutt Bryant Manitowoc M1600 400T Crawler 1st Dec to 30 June $4,000,000.00 3 Hickey Holdings Yale 16T GP360 Forklift 1st Dec to 30 April $200,000.00 4 Marr Favelle M860D Crane 1st Dec to 30 April $3,000,000.00 5 Aggreko EII - Chiller (refer Jon McDonagh) 1st Dec to 26 May 6 Onsite Rental Group 85" EWP - Genie S-85 1st Dec to 30 June BL8507 - 6908 $39,000.00 7 Onsite Rental Group EWP Z34 - Genie Z-34 1st Dec to 30 June Z3411 - 8474 $65,000.00 8 Onsite Rental Group Denyo 150kVa genset - Denyo DCA-150 ESK 1st Dec to 30 June 3857479 $45,000.00 $145,000.00 $9,914,000.00 AUSTRAL CONSTRUCTION PTY LTD / INSURANCE MANUAL PAGE 34 Personal Accident – Journey INSURER: Accident & Health International Underwriting P/L POLICY NO: 0032890 INSURED: Austral Construction Pty Ltd including subsidiary companies now or previously existing or hereafter formed or acquired. PERIOD OF INSURANCE: SCOPE OF COVER: From: 1 December, 2013 To: 30 November, 2014 at 4.00pm LST at the Insured’s Head Office The coverage afforded by this policy shall only apply whilst an Insured Person is travelling directly between the boundaries of their place of residence and place of business for the purposes of starting or ending their day’s work and provided no cover is granted by Workers’ Compensation or the Traffic Accidents Act or equivalent. INSURED PERSONS: All Employees of the Insured. SCHEDULE OF BENEFITS: Insured Events Each Insured Person Death & Capital Benefits $150,000 Weekly Accident Benefit (85% of average gross weekly Salary to a maximum of) $1,500 EXCESS: 7 days BENEFIT PERIOD: Up to and including 58 years of age 104 weeks from the date you first become entitled to the payment of weekly compensation 59 years – 60 years 60 years of age and over TERRITORIAL LIMITS: up to age 61 52 weeks Australia Wide AGGREGATE LIMIT OF LIABILITY: $1,000,000 WORDING: GPA Journey PDS/WRD 01/1 ST PRE-EXISTING CONDITIONS: There is no cover for Pre-existing Conditions (as defined) whether or not a proposal form has been received. AUSTRAL CONSTRUCTION PTY LTD / INSURANCE MANUAL PAGE 35 Protection Indemnity INSURER: The Shipowners’ Protection Limited POLICY NO: 794915 INSURED: Austral Construction Pty Ltd PERIOD OF INSURANCE: From: 1 December 2013 To: 30 November 2014 at 4.00pm LST at the Insured’s Head Office. COVERAGE: Cover in respect of the following sections is provided in accordance with the Rules of the Association, but modified in accordance with the conditions stated: Collision with other vessels - Rule 2 Section 7 - Including full collision liabilities (4/4ths) Cover in respect of the following sections is excluded: Cargo Liabilities - Rule 2 Section 14 Property on Board of the insured vessel - Rule 2 Section 17 INTEREST INSURED: Name Built Tonnage Combifloat 2008 86 Swissco Barge 1997 630 AREA OF NAVIGATION: As per the vessels' statutory State or Commonwealth Certification. LIMIT OF LIABILITY: As per rules. GENERAL CONDITIONS: Cancelling returns only (applicable to the P&I cover only) DEDUCTIBLE: $10,000 all claims, each incident. AUSTRAL CONSTRUCTION PTY LTD / INSURANCE MANUAL PAGE 36 Public & Products Liability / Professional Indemnity INSURER: Epsilon Underwriting Agencies POLICY NO: TBA INSURED: Austral Construction Pty Ltd Austral Plant Services Pty Ltd Austral Ground Holdings Pty Ltd PERIOD OF INSURANCE: From: 31 October 2013 To: 30 November 2014 at 4.00pm LST at the Insured’s Head Office PRIMARY INSURANCE TYPE: Section 1: Public and Products Liability Insurance Section 2: Financial Loss LIMIT OF INDEMNITY: Section 1: $10,000,000 any one claim or series of claims arising from one occurrence but in all in respect to Products Liability. Section 2: $10,000,000 any one claim in the aggregate any one Period of Insurance. TERRITORIAL LIMITS: Worldwide Excluding USA/Canada CO-INSURERS: Certain Underwriters At Lloyds – 75% Berkley Insurance Company trading as Berkley Re Australia – 25% DEDUCTIBLE: Section 1: $20,000 each and every Occurrence (inclusive of costs) Section 2: $20,000 each and every Claim (inclusive of costs) POLICY FORM: Epsilon Business Liability Policy CVS 13.14 and Endorsement(s) DEDUCTIBLE: Section 1: $20,000 each and every Occurrence (inclusive of costs) Section 2: $20,000 each and every Claim (inclusive of costs) AUSTRAL CONSTRUCTION PTY LTD / INSURANCE MANUAL PAGE 37 POLICY FORM: Epsilon Business Liability Policy CVS 13.14 and Endorsement(s) ENDORSEMENT(S): CKA policy Endorsements (Section 1) CKA Underground Services Clause (Section 1) Welding Hot Work Clause (Section 1) Project & Construction Management Endorsement (Section 1) Contractual Assumed Liability Clause Removed (Section 1) subject to a deductible for liabilities assumed under contract of $35,000 Contractors and Sub-contract Difference in Conditions Endorsement (Section 1) Care, Custody and Control Endorsement (Section 1) CLAIMS HANDLING: Epsilon Claims Handling Protocol RETRO DATE: Unlimited EXCESS LIABILITY TYPE: Excess Liability Insurance in respect to Section 1 only of the Primary Insurance LIMIT OF INDEMNITY: $10,000,000 any one claim or series of claims arising from one occurrence but in all in respect to products liability in excess of $10,000,000 any one claim or series of claims arising from one occurrence but in all in respect to Products Liability TERRITORIAL LIMITS: As per Primary INSURER: Berkley Insurance Company trading as Berkley Re Australia. POLICY FORM: Epsilon Excess CGL Wording 13-14 and Endorsement(s) ENDORSEMENT(S): Excess Endorsement Cover Limited to Section 1 AUSTRAL CONSTRUCTION PTY LTD / INSURANCE MANUAL PAGE 38 SECTION 3 claims procedures SECTION 3 Claims Procedures This Section is designed to provide assistance in the procedures to be followed in the event of any incident that might give rise to a claim occurring under any of your insurance policies. All claims (except where otherwise agreed and noted herein) are to be reported immediately to CKA. Motor Vehicle Claims All employees authorised to drive company vehicles must familiarise themselves with this procedure. In the event of an Accident stop and exchange name and address with the other party involved. record the registration number and make of other vehicle. ensure that the exact location of the accident is noted, together with times and conditions of road (e.g. slippery - following heavy rain). record names and addresses of as many witnesses as possible at the scene of the accident. report accident to Police if required to do so. Please note: Discussions concerning negligence of either party involved in the accident must not be entered into. Simply advise the other party that you will report the matter to your Insurers and that they will contact the third party direct. Reporting the accident Phone CKA and report the accident. Damage to a third party vehicle or property Obtain details of third party's Name, Address and Insurance Company. Do not discuss fault or make any admission of liability. AUSTRAL CONSTRUCTION PTY LTD / INSURANCE MANUAL PAGE 39 Public and or Products Claims Upon the happening of any incident likely to give rise to a claim, the following points must be noted: All reasonable steps should be taken to protect property from further loss or damage. Protect any person from personal injury or seek immediate medical and/or emergency assistance. Immediate advice must be given to CKA. All documentation or advice or correspondence from the third party must be forwarded to CKA. No correspondence should be entered into with a third party without prior advice and approval from CKA or Insurers. Do not make any statement to a Loss Assessor or any other person investigating the accident or damage unless such person is acting on behalf of your Insurer – if in doubt, please contact CKA. Insurers will generally appoint a Loss Assessor to handle the matter. It is in order to follow the advice of the appointed Assessor and to deal through them regarding the claim. Insurers may also appoint Solicitors to act on their behalf and to protect your interests. Professional Indemnity and Directors & Officers Liability Professional Indemnity and Directors & Officers Liability policies are both underwritten on a “Claims Made” basis. This means that the policy period in which you first become aware of a possible claim is the policy period that will respond to the claim, not the policy period that was current when the alleged negligent act, error or omission occurred. It is therefore important that you notify CKA immediately upon becoming aware of any circumstance that you believe may give rise to a claim. Contract Works Claims In the event that a claim for loss or damage to the works is likely to exceed the policy deductibles, then the Project Manager should provide immediate notice to CKA Risk Solutions with the following information: The name of the project affected and its location; Details of the nature of the loss or damage; Name of site contact person; and Estimate of the loss before any deductible. Following initial notification, the Project Manager should complete and send a copy of the initial claim advice form (refer to copy in this section) to CKA Risk Solutions. CKA Risk Solutions and/or the Insurer will appoint a Loss Adjuster to investigate the loss or damage. AUSTRAL CONSTRUCTION PTY LTD / INSURANCE MANUAL PAGE 40 The following points are important: DO NOT UNDER ANY CIRCUMSTANCES delay in reporting the loss or damage, otherwise Austral Constructions may prejudice its rights of recovery. DO MINIMISE THE LOSS OR DAMAGE if in the judgement of Senior Site Management such action is warranted. PHOTOGRAPH all lost or damaged property before commencing remedial work. If possible retain lost or damaged property for inspection by the appointed Loss Adjuster. Marine Transit Claims In the event of short delivery or damage to Insured goods the following steps should be taken: Details of the loss should be promptly notified to CKA Risk Solutions with the following information:− Precise location of damaged goods (and name of vessel, if applicable) − Name of contact/phone and/or fax number − Nature of damage − Estimate of damage CKA Risk Solutions will notify the Insurer and arrange for the loss to be assessed by a loss Surveyor (if required). To facilitate settlement, the following documentation should be provided in support of your claim: − Copy of original bill of loading and/or carriers consignment note − Original of copy of suppliers invoice − Delivery receipts by consignees verifying non delivery/damage − Copies of correspondence exchanged with carriers or other bailees regarding their liability for shortage or damage In claims of this type, Georgiou Group is required to take steps reasonable for the purposes of averting or minimising a loss and to ensure that all rights against carriers, bailees or third parties are properly preserved and exercised. In particular: − To claim immediately on the carriers, port authorities or other bailees for any missing packages. − In no circumstance, except under written protest to give clean receipts where goods are in doubtful condition. − When delivery is effected by container, to ensure that the container and it seals are examined immediately by their responsible officer. If the container is delivered damaged or with its seals broken or missing or with seals other than as stated in the shipping document, to clause the delivery receipt accordingly and retain all defective or irregular seals for subsequent identification. AUSTRAL CONSTRUCTION PTY LTD / INSURANCE MANUAL AUSTR959676 PAGE 41 − To apply immediately for survey by carriers, or other bailees representatives, if loss or damage be apparent and claim on carriers or other bailees for any actual loss or damage found at such survey. − To give notice in writing to the carriers or other bailees within three (3) days of delivery if loss or damage was not apparent at the time of taking delivery. Industrial Special Risks In the event of loss or damage, a claim form should be completed and forwarded to CKA Risk Solutions. Use the Initial Claim Advice form (refer to copy in this section). CKA Risk Solutions will, if necessary have a Loss Adjuster appointed. Photographs should be taken of the property damaged for viewing by the Loss Adjuster and physical remains of property should be retained for the same purpose. DO NOT delay in reporting an occurrence which Austral Constructions considers is indemnifiable as this could lead to Insurers denying liability. CKA Risk Solutions will follow the claim through to final settlement. All other claims/losses To enable the completion of the claim without delay and to minimise the possible damage or injury incurred, it is important that the following action be taken. All reasonable steps must be taken (regardless of insurance) to: − protect the property from further loss or damage − protect any person from injury or seek immediate medical and/or emergency assistance. Any incident, which may give rise to a claim, should be immediately reported to CKA to avoid any potential for denial of liability by Insurers alleging late notification. Any loss by theft and/or wilful or malicious damage should be immediately advised to the Police and relevant Government agency. Complete the appropriate claim form and provide all the associated and necessary claims documents. Forward all the claim documentation to CKA without delay. AUSTRAL CONSTRUCTION PTY LTD / INSURANCE MANUAL AUSTR959676 PAGE 42 SECTION 4 important notices SECTION 4 IMPORTANT NOTICES Your Duty of Disclosure Before you enter into a contract of general insurance with an insurer, you have a duty, under the Insurance Contracts Act 1984, to disclose to the insurer every matter that you know, or could reasonably be expected to know, is relevant to the insurer’s decision whether to accept the risk of the insurance and, if so, on what terms. You have the same duty to disclose those matters to the insurer before you renew, extend, vary or reinstate a contract of general insurance. Your duty, however, does not require disclosure of any matter: That diminishes the risk to be undertaken by the insurer. That is of common knowledge or public knowledge. That your insurer knows or, in the ordinary course of his business, ought to know. As to which compliance with your duty is waived by the insurer. If you fail to comply with your duty of disclosure, the insurer may be entitled to reduce its liability under the contract in respect of a claim or may cancel the contract. If your non-disclosure is fraudulent, the insurer may also have the option of voiding the contract from the beginning. Detailed below are some examples of information that should be disclosed to the insurers: Personal Information Past claims. Prior criminal convictions. Bankruptcy or any default. Past driving history (eg. dangerous driving or driving under the influence). Prior refusal by insurers to insure you or where they have imposed increased loadings or deductibles. AUSTRAL CONSTRUCTION PTY LTD / INSURANCE MANUAL PAGE 43 Other Business Information Acquisition of new companies, operations either in Australia or overseas. The purchase, leasing or change in tenancy of any new or existing premises. The purchase, loan, or lease of any items of plant, machinery, equipment or contents. The temporary hire of any items of plant (eg. gen sets, motor vehicles or mobile plant). The entering into or any agreement whereby you forego your rights to indemnity from another party, eg. lease agreements, fire & security monitoring agreements. Changes to your normal processes or business operations. Introduction of new or modified products. The disconnection or the rendering of any fire or security system in-operative. The chartering of any aircraft or water craft. Any capital raising or the listing on any foreign Stock Exchange. Any alterations, extensions or modifications to your office, premises or factory. If you are in any doubt whatsoever regarding your disclosure obligations, please discuss this issue with CKA. Utmost Good Faith Every insurance contract is subject to the doctrine of utmost good faith, which requires that the parties to the contract should act toward each other with the utmost good faith. Failure to do so on your part may prejudice any claim or the continuation of cover provided by your insurer. Essential Reading of Policy Wording A full copy of your policy wording will be passed onto you as soon as it is received from your insurer. It is absolutely essential that you read this document without delay and advise CKA in writing of any aspects which are not clear, incorrect or where the cover does not meet with your requirements. Change of Risk or Circumstances It is vital that you advise us of any departure from your “normal” business or to that which has already been conveyed to your insurer e.g. new acquisitions, changes in occupation or location, new products or new overseas activities. In order to ensure proper protection, please consult us if you are in any doubt as to whether an insurer should or should not be told of certain changes. We would rather address these queries now rather than take the risk of you not having protection under your policies. Subrogation and/or Waiver of Rights Some policies contain provisions that either exclude the insurer from liability or reduce their liability, if you have entered into any agreements that exclude or limit your rights to recover damages from another party in relation to any loss, damage or destruction which would allow you to sustain a claim under an insurance policy. AUSTRAL CONSTRUCTION PTY LTD / INSURANCE MANUAL AUSTR959676 PAGE 44 You may prejudice your rights to a claim if, without prior agreement of your insurer, you make any agreement with a third party that will prevent the insurer from recovering the loss from that or any another party. Examples of such agreements are the “hold harmless” clauses, which are often found in tenancy leases, maintenance or supply contracts from burglar alarm or fire protection installers and in repair contracts. Under-Insurance Some policies, such as Industrial Special Risks, General Property, Business Interruption, House & Contents and Machinery Breakdown, contain an “average” or “under-insurance” or “co-insurance” clause. This clause requires you to bear a proportion of any loss in the event your sum insured is not adequate to cover the full amount of the loss. For example, if the replacement cost of your house is $400,000 and you have only insured the building for $300,000, then effectively, your insurer is insuring 75% of the house and you are insuring the remaining 25%. In the event of a fire causing $200,000 damage, your insurer would only be obliged to pay $150,000 (ie $200,000 x 75%) and you would be liable for the balance. It is particularly important to ensure that the sums insured are adequate and declared in accordance with the policy requirements to avoid the application of any under-insurance provisions. If in any doubt, please contact our office. Un-Named Parties Most policies will exclude indemnity to other parties unless their interest is properly declared and noted on the policy. If you require the interest of any party other than the named insured to be covered, you must specifically request this and detail the nature of the relationship between you and the other party e.g. mortgage with a bank, lease agreement on your motor vehicle. Claims Made Policies Some policies, such as Professional Indemnity, Directors & Officers Liability and Crime provide cover on a “claims made” basis which means that claims first advised to you (or made against you) and reported to the insurer during the period of insurance are covered irrespective of when the incident causing the claim occurred, subject to the provisions of any clause relating to “Retrospective Cover” (see the following heading titled “Retrospective Cover”). In order to ensure that your entitlement to indemnity under this policy is protected, you must report all incidents that may give rise to a claim against you to the insurer without delay after such incidents come to your attention and prior to expiration of the policy period. Not a Renewable Contract Cover on certain policies, such as Professional Indemnity, Directors & Officers and Crime, terminate on the date advised to you or as indicated on our debit notes/invoices. We emphasise that these policies are NOT renewable contracts. If you wish to effect similar insurance for any subsequent period, it will be necessary for you to complete a new proposal form well prior to the termination of the current policy so that terms on the new insurance can be obtained in time for your consideration. AUSTRAL CONSTRUCTION PTY LTD / INSURANCE MANUAL AUSTR959676 PAGE 45 Retrospective Cover Certain policies, such as Professional Indemnity, Directors & Officers and Crime, do not provide cover in respect of claims arising out of work performed or services rendered or events occurring prior to the date specified, known as the Retroactive Date. Usually, this cover can be obtained upon specific request and if available, an additional premium will usually apply. Please consult CKA if this cover is required or if you have any questions in this regard. Direct Offshore Foreign Insurer If any of your policies either in part or in whole, are with or to be insured by a Direct Foreign Offshore Insurer (DOFI), we are required to provide you with written notice. DOFI’s are insurance companies that are not based in Australia and do not fall under the financial regulators such as ASIC. This notice will provide details on the DOFI including, their name, country of incorporation and details of their website where you can access further information on their operations and financial standing. We will require you to provide written acknowledgement of your approval to use the DOFI. Terrorism th With the advent of the terrorist attacks on America on the 11 September 2001 and the global concerns on terrorism, insurers are no longer able to provide this cover and terrorism and/or any act of terrorism is now a standard exclusion on most insurance policies. As a result of this, the Federal Government in conjunction with the insurance industry have put together a scheme to provide some cover for acts of terrorism. This is embodied in the Commonwealth Governments st Terrorism Insurance Act 2003 (the Act) effective from the 1 July 2003. Certain policies now include a terrorism levy in the premium and in return for this, the Act will provide some cover in the event the Government declares a terrorism event. The Government administers the scheme and determines amount to be paid to you. The scheme is guaranteed by the Government to the value of A$10bn. Any payments in excess of this amount may be proportionally reduced by the Treasury and if applicable, this could have the effect of reducing any payment to you. Goods and Services Tax (GST) Most, but not all, insurance policies are now subject to GST and this will be recorded on your invoice. The advent of GST also impacts on sums insured and accordingly, the claim payment by an insurer in the event of a claim. Your ability to claim Input Tax Credits is important when it comes to the treatment of GST in the event of a claim. Due to the complex nature of the treatment of GST, it is difficult to detail all the scenarios that may apply to your various policies and accordingly, CKA are happy to discuss individual cases with you. You should also seek specific tax advice from your accountant to ascertain your own individual circumstances. AUSTRAL CONSTRUCTION PTY LTD / INSURANCE MANUAL AUSTR959676 PAGE 46 Binder Agreements CKA may have binder agreements with certain insurers under which we are authorised to bind cover with those insurers without prior reference to them. When acting under this binder agreement, we will be effecting the insurance on behalf of the insurer and acting as their agent, not as your agent. This would only apply to the policy falling under the binder agreement and not affect the broker/client relationship in respect of all your other classes of insurance with CKA. Mis-Statement of Premiums CKA take all reasonable effort to ensure the premiums (including all statutory charges) quoted to you are correct. The statutory charges in particular, are subject to constant change and vary markedly on a “state by state” basis. Some charges, such as Fire Service Levy (in NSW and Victoria) are subject to retroactive adjustments 12 months in arrears. In the event that the premium is incorrectly quoted by CKA or is subject to change (ie. NSW Fire Service Levy), CKA reserve the right to amend the premium to the correct amount for which you are liable to pay. Insurance Ombudsman Service The Insurance Ombudsman Service Ltd (IOSL) is a national scheme to assist consumers in resolving their disputes with their insurer. The scheme also provides advice on any general insurance matter. All insurers are required by the IOSL to have a documented Internal Dispute Resolution process and a nominated Complaints Officer (CO) to deal with complaints by their consumers. Any complaint should be directed in the first instance to the Complaints Officer of the relevant insurer. In the event that your dispute is not resolved in a reasonable period to your satisfaction, you have the right to address your dispute to the IOSL who can be contacted on phone number 1300 363 683. The IOSL will advise and assist you on the next course of action to help resolve your dispute. AUSTRAL CONSTRUCTION PTY LTD / INSURANCE MANUAL AUSTR959676 PAGE 47 Un-insured Risks The following is a sample of some of the many classes of insurance that are available. Detailing these insurances does not imply that you have a specific need for the insurance or that it is readily available in the insurance market. Indeed, your insurance program may already encompass some of these classes of insurance. Should you wish to discuss any aspect or require further information on any insurance detailed below, please contact CKA. Advance Business Interruption Cover for loss of anticipated income where completion of a construction project is delayed by insured damage during the construction period. Airport Owners or Operators Liability Your legal liability for third party injury or property damage arising out of the ownership or operation of an airport/airstrip. Bonds Insurance bonds are available to accommodate a wide variety of situations (eg. performance guarantee) and may be a viable alternative to bank guarantees. Credit Insurance Financial loss due to bad debts incurred following the insolvency of a customer. Defamation (Libel and Slander) Legal liability for injury to the reputation, goodwill, profession, trade, business or credit of third parties in consequence of defamation, libel and slander. Electronic Equipment Cover against electronic breakdown or failure of computer and other electronic equipment. Environmental Impairment A limited insurance market is available to cover costs incurred due to gradual accidental pollution. Expatriate Health Insurance Covers medical, hospital and other expenses for Expatriate employees living overseas and/or in Australia on a temporary basis. Goods in Cold Storage Loss or damage to goods in cold storage due to mechanical failure of the refrigeration equipment. Key Man Insurance AUSTRAL CONSTRUCTION PTY LTD / INSURANCE MANUAL AUSTR959676 PAGE 48 Death and/or disability insurance for key executives or employees. Legal Expenses Legal expenses incurred as a result of contractual disputes, the use of motor vehicles and a variety of other circumstances. Life and Benefits Cover for Life, disability, trauma, income protection, superannuation and other employee benefits. Livestock or Bloodstock The insurance of animals against death by accident, sickness or disease. Loss of Licence Insures a person who is dependent upon a form of licence in order to earn a livelihood eg. pilot. The insurance covers specified benefits in the event of accident or disability, which results in discontinuance of the licence. Marine Cargo Consequential Loss Loss of income and/or business interruption following the loss or damage to the cargo whilst in transit. Political Risks Insures expropriation, confiscation and nationalisation of property in foreign countries. Cover can also be extended to cover contract repudiation, licence cancellation or currency inconvertibility. Product Contamination / Tampering Covers the recall and reimbursement costs as a result of accidental contamination and/or tampering. Product Guarantee Covers the legal obligation to replace or repair products, which fail to perform their intended function or financial loss, sustained by a customer or third party arising there from. Product Recall Covers the expenses incurred in recall of potentially faulty products. Salary Continuance Designed to protect the livelihood of an employee or self employed person as a result of an accident or prolonged illness. Statutory Liability Insurance Covers fines, penalties and costs resulting from an innocent breach of an Act. Stevedoring Liability Covers the legal liability arising from stevedoring activities at any port or airport. AUSTRAL CONSTRUCTION PTY LTD / INSURANCE MANUAL AUSTR959676 PAGE 49 Taxation Indemnity Expenses incurred by the insured in the course of compliance with tax audits instituted by the Australian Taxation Office. Terrorism A limited form of cover is available in addition to the Govt scheme. Trustees Liability Insurance Covers trustees, trust managers, sponsors of superannuation funds in respect of legal liability to compensate third parties (including legal costs incurred) arising out of the negligent administration of the trust or fund. AUSTRAL CONSTRUCTION PTY LTD / INSURANCE MANUAL AUSTR959676 PAGE 50 Insurance Terms Glossary Some commonly used terms are peculiar to the insurance market and as such, we have detailed explanations to some of these terms below as a quick guide for you. Indemnity The principal of indemnity is to place you in the same financial position after a loss as that which you occupied immediately before the loss. You do not receive "new for old". Reinstatement And Replacement The basis of settlement for property insured under these conditions would be the cost of replacement or restoration with new materials to a condition substantially the same as, but not better or more extensive than its condition when new. Extra Cost of Reinstatement Provides protection for additional costs to comply with Government Regulations following the loss, provided you had not been advised of such requirements prior to the loss. Co-insurance If the actual value of the property exceeds the amount stated in your declaration, you may be expected to bear a proportionate part of a loss. Deductible Also called “excess”, is the amount the insured is required by the policy to contribute towards a loss. Gross Profit Is the amount, which the total of the turnover and closing stock exceeds the total of the opening stock and the uninsured working expenses as specified in the policy. Dual Basis Payroll Salaries and wages are insured under a flexible method whereby you can decide the manner in which a claim may be lodged subject to certain limitations stated in the policy. Indemnity Period Is the period from the date of the damage and ending not later than the period specified thereafter during which the business is affected by the damage. Subrogation Your Insurer may wish to recover from a third party responsible for damage to your property. Consequently, the Insurer requires that you subrogate (or substitute) your rights to sue in favour of your Insurer who has reimbursed you for the cost of the damage. Your insurance policy may be conditional that you do not “waive your rights or hold harmless” other parties such as workmen who come onto your property. AUSTRAL CONSTRUCTION PTY LTD / INSURANCE MANUAL AUSTR959676 PAGE 51 Inherent Vice This term refers to a quality inherent in property, which produces damage to the property without the assistance of an outside agency and by its own action eg. spontaneous combustion of copper concentrate. Free on Board Relates to the cost and charges from the supplier's works, including the cost of the goods, cases, packing, rail, delivery charges, dock charges, insurance, customs and agents charges at the port of shipment. In other words the total cost of the goods to be delivered onto the vessel. Cost, Insurance & Freight (CIF) The FOB cost plus freight, insurance and all other charges for delivery to the declared port or final destination. General Average A term used in Maritime Law to cover special claims. Briefly it means that if property or a vessel is sacrificed for the common good of all property on the vessel, then all parties involved will contribute to the loss of those whose goods were sacrificed ie. if a ship carrying goods on our behalf were forced to jettison your goods for the safety of the ship as a whole, then the owners (or their Insurers) of the other cargo on the ship would contribute so as to reduce your loss. Similar principles would apply for other owners if their cargo were jettisoned to protect yours. AUSTRAL CONSTRUCTION PTY LTD / INSURANCE MANUAL AUSTR959676 PAGE 52 Financial Services Guide The financial services referred to in this financial services guide (FSG) are offered by: CKA Risk Solutions Pty Ltd (CKA) ACN: 33 109 033 123 AFS: 276915, Level 4, 88 William Street, Perth WA 6000.. Phone: +61 (0)8 9214 7400, Fax: +61 (0)8 9214 7499, E-mail: enquiry@ckarisksolutions.com This FSG is designed to assist you in deciding whether to use any of those services. It contains important information about the services we offer you, how we and others are paid, any potential conflict of interest we may have, our internal and external dispute resolution procedures and arrangements we have in place to compensate clients for losses. GENERAL ADVICE WARNING Typically CKA only provides general advice to our retail clients*. General advice does not take into account your personal needs and objectives and you should consider the appropriateness of this advice to your circumstances before acting on it. We will provide you with a general advice warning in such cases. When you ask us to recommend an insurance policy for you, we will usually only consider the policies offered by the insurers or insurance providers that we deal with regularly. In giving you advice about the costs and terms of recommended polices we have not compared those policies to other policies available, other than from those insurers we deal with regularly. FURTHER INFORMATION WHEN PERSONAL ADVICE IS GIVEN TO RETAIL CLIENTS* CKA will provide you with further information whenever we provide you with advice which takes into account your objectives, financial situation and needs. This information may be contained in a Statement of Advice (SoA) and may include the advice that we have given you, the basis of the advice and information on our remuneration and relevant associations or interests. PRODUCT DISCLOSURE STATEMENT If CKA offer to arrange the issue of an insurance policy to you and you are a retail client*, we will also provide you with, or pass on to you, a Product Disclosure Statement (PDS), unless you already have an up to date PDS. The PDS will contain information about the particular policy which will enable you to make an informed decision about purchasing that policy. FROM WHEN DOES THIS FSG APPLY? This FSG applies from 8 May 2013 and remains valid unless a further FSG is issued to replace it. We may give you a supplementary FSG. It will not replace this FSG but will provide details not covered by this FSG. HOW CAN I INSTRUCT YOU? You can contact us to give us instructions verbally, by post, phone, fax or email on the contact number or details mentioned on the top of this page. We recommend that your verbal instructions always be confirmed in writing. WHO IS RESPONSIBLE FOR THE FINANCIAL SERVICES PROVIDED? CKA is responsible for the financial services that will be provided to you or through you to your family members, including the distribution of this FSG. CKA holds a current Australian Financial Services Licensee no: 276915. WHAT FINANCIAL SERVICES ARE YOU AUTHORISED TO PROVIDE AND WHAT KINDS OF FINANCIAL PRODUCT(S) DO THOSE SERVICES RELATE TO? CKA is authorised to advise and deal in general insurance products to wholesale and/or retail clients. We will do this for you as your broker unless we tell you otherwise. Sometimes we will act under a binder or agency from the insurer, and in this case we will be acting as the agent of the insurer. This means that we represent and act for the insurer, not for you. We will tell you when we act under a binder or agency to arrange your insurance or advise you about your insurance needs. WILL I RECEIVE TAILORED ADVICE? In some cases, CKA may need information about your personal objectives, details of your current financial situation and any relevant information, so that we can arrange or issue insurance policies for you or to give AUSTRAL CONSTRUCTION PTY LTD / INSURANCE MANUAL AUSTR959676 PAGE 53 you advice about your insurance needs. We will ask you for the details that we need to know. If you do not give us all of the information we ask for, any advice you receive may not be appropriate to your needs, objectives and financial situation. You should read the warnings contained in any SOA, or any other warnings that we give you, carefully, before making any decision about an insurance policy. Where we provide you with advice about your insurance arrangements, that advice is current at the time that we give it. We will review your insurance arrangements when you inform us about changes in your circumstances. CONTRACTUAL LIABILITY AND YOUR INSURANCE COVER Many commercial or business contracts contain clauses dealing with your liability (including indemnities or hold harmless clauses). Such clauses may entitle your insurers to reduce cover, or in some cases, refuse to indemnify you at all. You should seek legal advice before signing and accepting contracts. You should inform us of any clauses of this nature before you enter into them. WHAT INFORMATION DO YOU MAINTAIN IN MY FILE AND CAN I EXAMINE MY FILE? CKA maintain a record of your personal profile, including details of insurance policies that we arrange or issue for you. We may also maintain records of any recommendations or advice given to you. We will retain this FSG and any other FSG given to you as well as any SOA or PDS that we give or pass on to you for the period required by law. We are committed to implementing and promoting a privacy policy, which will ensure the privacy and security of your personal information. A copy of our privacy policy is available on request. A copy is also available on our website, www.ckarisksolutions.com. If you wish to look at your file please ask us, we will make arrangements for you to do so. HOW WILL I PAY FOR THE SERVICES PROVIDED? For each insurance product the insurer will charge a premium that includes any relevant taxes, charges and levies. CKA often receive a payment based on a percentage of this premium (excluding relevant taxes, charges and levies) called commission, which is paid to us by the insurers. However, in some cases we will also charge you a fee. If you are a Retail Client* and we give you Personal Advice, commission amounts will be provided in any SoA or (where an SoA is not required to be provided) included on any relevant invoices. For all other clients full commission information (including dollar amounts) can be provided on request. You can choose to pay by any of the payment methods set out in the invoice. You are required to pay us within 14 days being our normal credit terms. WHAT ABOUT REFUNDS OF PREMIUMS? If you are entitled to a refund of premium from the insurer, CKA will refund the premium (less any commission and broker fee charged) to you as soon as this is received from the insurer. CKA do not refund brokerage or broker fees as these have been earned by us in placing and servicing the relevant policies, irrespective of the period they have been in force. When you pay CKA your premium it will be banked into our trust account. CKA retain the commission from the premium you pay us and remit the balance to the insurer in accordance with our arrangements with the insurer. We will earn interest on the premium while it is in our trust account or we may invest the premium and earn a return. We will retain any interest or return on investment earned on the premium. HOW ARE ANY COMMISSIONS, FEES OR OTHER BENEFITS CALCULATED FOR PROVIDING THE FINANCIAL SERVICES? CKA’s commission will be calculated based on the following formula: X = Y% x P. In this formula X = our commission, Y% = the percentage commission paid to us by the insurer. Our commission varies between 0% and 25%. P = the amount you pay for any insurance policy (less any government fees or charges included in that amount). Any fees that we charge you will be dependent upon the time, complexity and nature of the insurance involved. We do not often pay any commissions, fees or benefits to others who refer you to us or refer us to an insurer. If we do, we will pay commissions to those people out of our commission or fees (not in addition to those amounts). CKA employees are remunerated by way of an annual salary. Based on the performance of the employee over the year, they may be entitled to a bonus. If we give you personal advice, we will inform you of any fees, commission or other payments we, our associates or anyone referring you to us (or us to any insurer) will receive in relation to the policies that are the subject of the advice. DO YOU HAVE ANY RELATIONSHIPS OR ASSOCIATIONS WITH THE INSURERS WHO ISSUE THE INSURANCE POLICIES OR ANY OTHER MATERIAL RELATIONSHIPS? CKA participates in programs provided by some insurers under which we may obtain additional remuneration by way of business support services and/or profit share or volume bonuses. If we have profit share arrangements that apply to a product we recommend to you we will advise you of this at the time of making the recommendation if the amount involved is material. AUSTRAL CONSTRUCTION PTY LTD / INSURANCE MANUAL AUSTR959676 PAGE 54 CKA is a shareholder of Steadfast Group Limited (Steadfast). Steadfast has exclusive arrangements with some insurers under which Steadfast will receive between 0.5 - 1% commission for each product arranged by us with those insurers. These payments are used to operate Steadfast. Depending on the operating costs of Steadfast (including the costs of member services provided by Steadfast to us and other Steadfast shareholders) and the amount of total business we place with the participating insurers in any financial year, we may receive a proportion of that commission at the end of each financial year. As a shareholder of Steadfast we have access to member services including model operating and compliance tools, procedures, manuals and training, legal, technical, banking and recruitment advice and assistance, group insurance arrangements, product comparison and placement support, claims support and group purchasing arrangements. These member services are either funded by Steadfast, subsidised by Steadfast or available exclusively to shareholders for a fee. You can obtain a copy of Steadfast’s FSG at www.steadfast.com.au. Steadfast is a shareholder of Miramar Underwriting Agency Pty Limited (Miramar). As a shareholder, Steadfast may receive dividends from Miramar. These amounts will indirectly contribute towards the benefits we receive from Steadfast. Steadfast has a shareholding in Macquarie Premium Funding. If we arrange premium funding with Macquarie Premium Funding for you, under its agreement with Macquarie Premium Funding, Steadfast will receive 0.5% of your insurance premium (including government fees or charges). As an equity shareholder of Macquarie Premium Funding, Steadfast may also receive dividends from profits of Macquarie Premium Funding. The amount of the Steadfast dividend is based on the share of profit attributable to funding arranged by Steadfast shareholders. The payments (commission and dividends) that Steadfast receives from Macquarie Premium Funding are used to operate Steadfast. Depending on the operating costs of Steadfast and the amount of total business we place with Macquarie Premium Funding in any financial year, we may receive a portion of those amounts at the end of each financial year. If we arrange premium funding for you we may be paid a commission by the premium funder. We may also charge you a fee (or both). The commission that we receive from the premium funder is usually calculated as a percentage of your insurance premium (including government fees or charges). If you instruct us to arrange or issue a product, this is when it becomes entitled to the commission. CKA’s commission rates for premium funding range from 1% to 2% of funded premium. When we arrange premium funding for you, you can ask us what commission rates we are paid for that funding arrangement compared to the other arrangements that were available to you. ELECTRONIC DELIVERY OF DISCLOSURE NOTICES We may provide correspondence and disclosure notices (including FSG and PDS) to you electronically, via email or links to websites etc. If you have provided your email address to us we will typically use that email address for this correspondence and disclosure notices. Should you not wish to be sent disclosure documents electronically, please advise us and we will update our records accordingly. WHAT SHOULD I DO IF I HAVE A COMPLAINT? Contact us and tell us about your complaint. We will do our best to resolve it quickly and fairly. If your complaint is not satisfactorily resolved within 20 days, please contact Naser Kerimi on +61 8 9214 7400 or put your complaint in writing and send it to the address noted at the top of this FSG. CKA is a member of the Financial Ombudsman Service (FOS). If your complaint cannot be resolved to your satisfaction by us you have the right to refer the matter to the FOS. The FOS can be contacted at: Street Address: Financial Ombudsman Service, Level 12, 717 Bourke Street, Docklands 3008. Mailing address - Financial Ombudsman Service, GPO Box 3, Melbourne 3001 – Phone - 1300 780 808, Fax - 03 9613 6399, Email info@fos.org.au, Website - www.fos.org.au WHAT ARRANGEMENTS DO YOU HAVE IN PLACE TO COMPENSATE CLIENTS FOR LOSSES? CKA has a professional indemnity insurance policy (PI policy) in place. The PI policy covers us and our employees for claims made against us and our employees by clients as a result of the conduct of us or our employees in the provision of financial services. Our PI policy also covers us for claims relating to the conduct of representatives who no longer work for us. * Under the Corporations Act 2001 retail clients are defined as individuals or a manufacturing business employing less than 100 people or any other business employing less than 20 people AND that purchase motor vehicle, home building, contents, sickness/accident/travel, consumer credit and/or other classes prescribed by the regulations. AUSTRAL CONSTRUCTION PTY LTD / INSURANCE MANUAL AUSTR959676 PAGE 55 SECTION 5 service directory SECTION 5 Service Directory POSTAL ADDRESS: PO Box Z5464 St Georges Terrace Perth WA 6831 TELEPHONE: +61 (0)8 9214 7400 FACSIMILE: +61 (0)8 9214 7499 CONTACTS: Jonathan McDonagh jonathan.mcdonagh@ckarisksolutions.com 0429 153 811 John Carrigg john.carrigg@ckarisksolutions.com 0417 006 776 Alexis Shrimpton alexis.shrimpton@ckarisksolutions.com +61 (0)8 9214 7406 AUSTRAL CONSTRUCTION PTY LTD / INSURANCE MANUAL PAGE 56
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