Reference to DHAB 2016
All stevedoring and related port work is performed under the General Conditions of Danske Havnevirksomheder 2016 (DHAB 2016). Full version is available at www.dkhv.dk.
The said General Conditions limit our liability for any loss, deterioration or damage in respect of goods to 2 SDR per kilogram or to 666.67 SDR per package. Compensation for any delay shall not exceed the price for the execution of the task. However, compensation for any one event, including delays, 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, in certain respects, be limited to 500,000 SDR. Some claims against us become time-barred after 10 months. We have a lien for present and previous claims, and we charge interest on overdue payments at 2% per commenced month. Amounts due to us shall be subject to any right of set-off.
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 presented 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 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 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)
Aalborg, February 2017