In case any of our services become impossible or impractical beyond what we deem reasonable due to the COVID-19 outbreak, we will be excused from our obligations towards the customer to the extent necessary for the duration of the COVID-19 outbreak.
Reference to DSAB 2018
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 (§ 11). It should be noted in particular that any claims for damages become time-barred after 10 months, and any legal action shall be taken within this time as otherwise the claim will be forfeited. We have a lien on goods in our custody for all amounts due to us for present or previous claims. Clause 8 of DSAB shall not be deemed to be agreed between the parties.
Reference to DHAB 2016
All services; including agency, stevedoring and other port work is performed under the General Conditions of Danske Havnevirksomheder 2016 (DHAB 2016).
These 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. Our liability for personal and environmental damage is also limited. The same applies to fines and other claims in connection with custom rules and procedures. 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 cent per commenced month. Amounts due to us shall not be subject to any right of set-off.
Reference to NSAB 2015
All services rendered, national and international, are subject to the CMR-convention and conditions, all services rendered are subject to the General Conditions of the Nordic Association of Freight Forwarders (NSAB 2015).
Under these conditions our liability for loss of, deterioration of or damage to goods is limited to SDR 8,33 per kilogram and our liability for delay is limited to the amount of the freight, and all other losses to SDR 100,000 per order (§ 21). Our responsibility as provider (§ 3C) is limited to SDR 50,000 per order and totally SDR 500,000 for one and the same incident (§ 24). In connection with storage, the freight forwarder's total liability for damage is limited to SDR 500,000 for any incident of damage occurred (§ 25). Special attention is directed to the stipulations that claims against the freight forwarder are time-barred after one year (§ 28) and that the lien on goods (§ 14) applies to both present and previous claims. Claims for freight etc. must be honoured regardless of the terms of delivery under the contract of sale or freight agreement (§ 10).