Sundsvalls Hamn AB
Box 722
S-851 21 SUNDSVALL

Besöksadress :
Tunadalshamnen, Sweden
Sjöfartsvägen 11

Tel : +46 (0)60-12 31 80
Fax: +46 (0)60-19 35 07
E-post : info[@]sundsvallshamn.se

Sundsvalls Oljehamn AB
Box 722
S-851 21 SUNDSVALL

Besöksadress :
Vindskärsudde, Sweden
Oljevägen 2

Tel : +46 (0)60-12 31 80
Fax: +46 (0)60-19 35 07
E-post : info[@]sundsvalloljehamn.se

Bestämmelser

1. Hamnordning för Sundsvalls Kommun
2. Allmänna regler och villkor
3. Föreskrifter
4. Bogserbåtsbestämelser
5. Scandinavian Tugowners Standardvillkor
6. Sveriges Hamnars Terminalbestämmelser 1989
Hamninfo

6. Swedish Ports Terminal Rules 1989

These general conditions are recommended by the Swedish ports. No obstacles exist, however, for clients to agree on other conditions.

Terminal Rules 1989 developed following consultation with the ICA Company, the Cooperative League, National Association of small companies, Swedish Chamber Association, the Swedish Association of Wholesale Trade, Federation of Swedish Industries, Traders' Associations in Sweden, the Swedish Ship owners’ Association, the Swedish Shippers Association.

These provisions are, unless otherwise agreed, to the terminal tasks carried out by a member of the Swedish Port and Stevedoring Association, hereinafter called the company.

§ 1 DEFINITIONS

With terminal assignments are:

a loading, unloading and other handling of vessels, vehicles and transport devices

b Storage of goods taken care of by the company

c Packing, repacking, labeling, sorting, weighing, monitoring and control of goods as well as relocation and transportation of goods within the port area.

With goods taken care of by the company is understood to mean goods (including means of transport and transport equipment) taken in and stored in the goods shed or fenced area during the time the goods stored there.

The client is the one who instructs the company to perform terminal assignments or, on whose behalf, such a mission is given.

§ 2 LIABILITY PROVISIONS

a Liability Requirements
The company is responsible for damage to or loss of goods taken care by the company where it is not shown that reasonable measures have been taken to prevent injury or loss. Otherwise the company is responsible only for damage or loss demonstrably caused by errors or omissions by the company or its employees.

b Compensation Rules
As the company is obliged to pay compensation for damage to or loss of goods, a calculated value under the trade value or the normal value of goods of the same type and nature of the injury will be paid.

If the goods are lost or completely damaged, the total value is replaced with the full amount. For the reduction or partly damaged goods, the amount is reduced, as is the difference between the value of the goods undamaged under the above basis and its value in damaged or reduced state.

c. The Extent of Liability
Compensation for damage or loss of the goods is limited to 2 SDR per kg * of the part of the goods lost, dropped or damaged. Corporate responsibility is in any case limited, therefore, to compensation, unless otherwise agreed, not based on amounts in excess of 50 000 SDRs or for damage to vessels 500 000 SDR per case.

With “case” means damage and loss that occurs at the same time. If the damage or loss suffered more and exceeds the limitation amounts to SDR 50 000 and 500 000 SDR, this amount in proportion to the amount to which each victim's injury or loss is determined.

Compensation for delay, consequential loss or damage is payable in a wider extent than is apparent from the following. Regarding such damage the responsibility should be limited so that the compensation is not paid for amounts exceeding the consideration for the assignment to the company for the goods delayed, lost or damaged. In Regards to goods taken care of, the company shall compensate the injured party as if the goods had been lost if not released within 30 days after the request. Compensation for a regress claim due to the fact that the client paid compensation for the reclamation because of delay liability under mandatory maritime regulations should be deleted to the extent the company demonstrably caused the delay which led to the payment.

Exemption from, or limitation of, liability under these provisions shall apply in respect of any action against the company concerning compensation due to the terminal assignments, whether the action was based on a contractual relationship or not.

d Employees and Associates of Responsibility
If the action is brought against any of the employees and associates, he is entitled to claim the same exemption from, or limitation of the responsibility which it may invoke under these provisions. The total amount that can be obtained by the company, its servants or assistants shall not exceed the limits prescribed in the rules.

e Loss of Limiting the Right
The right to limit liability which arises under these provisions shall not apply if it is shown that the loss or damage caused by an act or omission of the company's executive management with the intent to cause loss or damage or serious breach of care and with knowledge that loss or damage would probably occur. Similar rules will apply to company employees or other helpers.

* SDR means The International Monetary Fund special rights.

§ 3 CLAIM AND PRESCRIPTION

a Complaint
Remarks against the company must be produced without undue delay. Damages should be visible and a claim should be made immediately upon receiving the goods or otherwise within seven days of receipt.

b Limitation
Actions against the company should be taken up within one year. The time should at reduction or damage to goods be calculated from the date the goods are released. In case of loss of the whole cargo or damage to the cargo, time should be calculated from 30 days elapsed since the company seized the goods. However, the right is retained until 30 days have elapsed from when the customer discovered or removed the loss or damaged cargo. For claims made against the company because of damage or loss, for which the Maritime liability claimed against the client, the same limitations are provided as in section 368 fourth paragraph, the Maritime Laws.

§ 4 INSURANCE

The Company declares the goods only upon written instruction from the client.

§ 5 Client’s INFORMATION AND RESPONSIBILITIES

The client will leave the company all the information necessary or relevant to complete the mission. The client is responsible for the goods properly listed and described, and to the provisions applicable to the handling and transport (i.e. under IMDG, ADR, RID and RAR) duly fulfilled. The client is obliged to compensate the company for all costs and expenses that may arise through

a) details concerning the goods are inaccurate, unclear or incomplete
b) the cargo is poorly packaged, marked, declared etc
c) the provisions the client should be responsible for in terms of cargo handling and transport has not been completed
d) the goods are poorly loaded or stowed, i.e. in road vehicles, railway wagon, flat or in large containers (containers) etc.
e) the goods have such harmful properties that the company is not reasonably able to recognize.

§ 6 BARRIERS FOR ASSIGNMENT PERFORMANCE

If due to unforeseen circumstances, the mission must be fulfilled in a different way than originally intended, it is the company that, whenever possible, should inform the client of the request for instructions. If it is not possible to obtain such instructions in time, the company has the right to carry out the mission in the best appropriate way and at the client's risk and expense. If obstacles arise, to release the goods on time, the company must have the right to suspend delivery during the time the circumstance lasts.

§ 7 SPECIAL CHARGES

The client is obliged to pay to the Company for such expenses as the customs fees, taxes or other public charges, including that of special or unexpected charges and expenses in respect to terminal assignment by the company with reasonable measures that could not have been prevent.

If the company would be subject to such special or unforeseen costs, the cost or work should be paid by the client in addition to existing tariffs.

§ 8 RIGHT OF PAWN

The Company has the right to pawn goods under its control if the client does not pay the appropriate costs.

If the goods are present, or destroyed, the company has the corresponding right of compensation from insurance companies, carriers or others.

If the client fails to pay its debt, the company has the right to sell as much of the goods needed to cover all incurred costs.

The company shall, if possible, in advance, inform the customer on planning to sell the goods.

§ 9 ARBITRATION AND APPLICABLE LAW

Disputes between the company and the client may, except as stated below, be referred to the courts but will be with the application of Swedish law settled by arbitration in the place where the company has its headquarters, according to Swedish law arbitrators. The commencement of legal proceedings for recovery of claims does not waiver of arbitration with respect to disputed counter-claims which may not be enforced, litigated or set-off other than by arbitration.

Disputes concerning amounts which do not exceed four times that, at the time of presentation of the claim, the standard amount under the Act (1962:381) on general insurance may not be referred to the ruling of arbitration.