TERMS & CONDITIONS
At Cargo Service, all stevedoring is performed under the General Conditions constituted by Danske Havnevirksomheder (DHAB 2007). If we undertake to perform tasks that fall outside the scope of DHAB 2007, but are within the scope of the General Terms of Business for members of the Danish Shipbrokers’ Association 2001 (DSAF), DSAF shall apply to such tasks. However, clause 10 of DSAF shall not be deemed to be agreed between the parties. If we undertake to perform tasks that fall outside the scopes of both DHAB 2007 and DSAF, but within the scope of NSAB 2000, NSAB 2000 shall apply to such tasks.
Reference to DHAB 2007:
All stevedoring is performed under the General Conditions of Danske Havnevirksomheder (DHAB 2007) (§2). The Conditions limit our liability for any loss, deterioration or damage in respect of goods to 2 SDR per kilogram or 666.67 SDR per package. Compensation for any delay shall not exceed the price for the execution of the task (§26). However, compensation for any one event shall not exceed 25,000 SDR, and if more than one Orderer suffer a loss due to damage occurring on one and the same occasion, our liability to all Orderers concerned shall be limited to 500,000 SDR (§26). Any claims against us become time-barred after 10 months (§30). We have a lien for present and previous claims (§10), and we charge interest on overdue payments at 2% per month or fraction of a month (§7).
Reference to DSAF:
Tasks that are performed under the General Terms of Business for members of the Danish Shipbrokers’ Association are performed by us as agents or intermediaries and without liability for any breach of the contract procured (§2). The Terms of Business limit our liability in damages to 25,000 SDR for any one loss (§6). It should be noted in particular that any claims for damages become time-barred after 11 months, and any legal action shall be taken within this time as otherwise the claim will be forfeited (§§7 and 11). We have a lien on goods in our custody for all amounts due to us for present or previous claims (§8). Clause 10 of DSAF shall not be deemed to be agreed between the parties.
Reference to NSAB 2000:
Tasks that do not fall within the scope of DHAB 2007 or DSAF – except clause 10 of DSAF, which shall not be deemed to be agreed between the parties – are performed under the General Conditions of the Nordic Association of Freight Forwarders (NSAB 2000). The Conditions limit our liability for any loss, deterioration or damage in respect of goods to 8.33 SDR per kilogram, and for any delay to an amount equivalent to the payment agreed under the contract or 50,000 SDR for each contract, whichever is the lower. For the storage of goods, the total liability of the freight forwarder for damage occurring on one and the same occasion shall be limited to 500,000 SDR (§27). It should be noted in particular that any claims against the freight forwarder become time-barred after one year (§30) and that the lien (§14) applies to both present and previous claims. Any claims for freight etc. must be paid irrespective of the delivery terms of the commercial contract (§10).
The current terms of business can be down accessed here: