Streamline Shipping Group Ltd


	Terms and Condtions STEVEDORING TERMS AND CONDITIONS THESE TERMS AND CONDITIONS FORM THE ONLY BASIS UPON WHICH NORTH EAST STEVEDORING COMPANY LIMITED. ARE PREPARED TO CONTRACT THEIR SERVICES. THE CUSTOMER MUST ARRANGE FOR HIS GOODS TO BE INSURED AGAINST ALL RISKS 1. In these Conditions:- A. "Stevedore" means North East Stevedoring Company Limited their agents, employees and sub-contractors. B. "Customer" includes any person, corporation, firm or body of persons who by themselves, their servants, agents or sub contractors uses or seeks to use any facility or Service provided by the Stevedore. Customer shall include, where relevant, the ship owner or demise charterer of a ship. C. "Goods" includes cargo of any description whatsoever together with any vehicle, trailer, machine, container, package, case, pallet or other thing which conveys carries, contains, protects or supports cargo or is designed or made so to do; D. "Owner of Goods" includes the owner, container owner, consignor shipper, consignee or other person in charge or having title to the goods, or their respective agents in relation to them. E. "Service(s)" means any operation or service performed or provided by the Stevedore in connection with the loading, stowing, discharging, sorting, weighing, marking, checking, recording, storing, marshalling or general handling or movement of goods or any other operation undertaken by the Stevedore. F. "Equipment" includes any machinery, craneage, ropes, slings or other plant or materials used by the Stevedore in performance of its Service. G. "Conditions" means the terms and conditions of North East Stevedoring Company Limited. 2. These conditions set out the contract between the Customer and the Stevedore. 3. CUSTOMER'S OBLIGATIONS The Customer accepts these Conditions on his own behalf and on behalf of the Owner of Goods. The Customer warrants that he has authority to enter into this contract on his own behalf and on behalf of the Owner of the Goods. a. The Customer shall provide details of all goods in advance of their presentation to the Stevedore. The Customer warrants that the particulars of the Goods given to the Stevedore are correct. b. The Customer warrants that the Goods are not dangerous or flammable, highly inflammable as defined by IMDG, toxic or liable to give off any injurious dust, gas, fumes, liquid or radiation in the form in which they are presented to the Stevedore. c. The Customer warrants that the Goods are not infested, verminous, rotten or subject to fungal attack. d. The customer warrants that the Goods will not contaminate or cause danger, injury, pollution or damage to any person or to any other goods or property or the berth or the water or air adjacent thereto. e. The Customer warrants that the goods require no special protection or handling whether due to size or configuration or arising from vulnerability to heat, cold, moisture, salt, pilferage or proximity to other goods or from inflammability or any other reason. f. The Customer warrants that the Goods are sufficiently packed in accordance with all regulations that may prevail from time to time and that they are packed and secured adequately to withstand the normal rigours of port operations. g. The Customer warrants that any gear, equipment or cranes that he supplies and provides to the Stevedore, shall be seaworthy, fully maintained and fit for its respective purposes. Notwithstanding anything to the contrary in these Conditions; (i) the Customer shall be liable for any losses or damages sustained or expenses incurred by the Stevedore arising out of a breach of this provision by the Customer; (ii) any Service conducted by the Stevedore using the Customer's gear, equipment or cranes or manoeuvring flats, trailers or vehicles on board a ship shall be under the direction of and responsibility of the Master of the ship, and the Customer shall be liable for any losses or damages sustained or expenses incurred by such usage. h. The Customer shall be responsible for the proper and adequate mooring of ships and any movement of ships during cargo operations. i. The Customer warrants that the goods are properly and sufficiently accurately documented and labelled for the Services. j. The Customer warrants that he has insured the goods for these Services. 4. STEVEDORE'S RIGHTS AND LIABILITIES (a) The Stevedore has the right to refuse any goods that are presented. (b) The Stevedore shall perform its duties with a reasonable degree of care, diligence, skill and judgement. Subject to the other provisions of these Conditions, the Stevedore shall be liable for damage to Goods where negligence is proven against the Stevedore. (c) The Stevedore shall not under any circumstances be responsible, even if due to proven negligence, for any loss, damage or expenses of whatsoever nature due to leakage from other containers, misdelivery or incorrect delivery, loss of use of any goods or other equipment, strikes or lock outs (whether actual or threatened), vermin, fire, restraints of princes, war or war like operation, flooding, act of any governmental authority, or pollution or any other cause arising beyond the control of the Stevedore. (d) The Stevedore shall under no circumstance whatsoever (including negligence) be liable for any delay (including any delay to a ship) or the consequences of this or for the loss of any market or profit. (e) The Stevedore shall under no circumstance whatsoever (including negligence) be liable for any sickness, injury or death to live animals, damage to or loss of refrigerated cargo, damage or destruction to any glass or glass product or porcelain or pottery products, jewellery, valuables or works of art, bullion or coins. (f) The Stevedore's liability under these conditions shall not under any circumstances exceed: (i) the value of any goods lost or damaged; or (ii) a sum at the rate of two Special Drawing rights (herein referred to as SDR's) as defined by the International Monetary Fund, per kilo of gross weight of any goods lost or damaged. whichever shall be the lesser sum. 5. INDEMNITIES (a) The Customer shall indemnify and hold harmless the Stevedore, its employees, agents and sub contractors, from any claim, costs, liabilities and expenses of every kind and nature with regard to (i) Sickness, injury or death of any person employed directly or indirectly by the Customer, its agents, sub contractors or any third parties that it may engage, and (ii) damage to or destruction of any equipment (including any cranes, vehicles or ships) of the Customer, its agents, sub contractors or third parties that it may engage, or their respective employees; arising during the performance of the Services from any cause whatsoever including, but not limited to, negligence of the Stevedore. (b) The Stevedore shall indemnify and hold harmless the Customer, its employees agents and any sub contractors or third parties that it may engage, from any claim, costs, liabilities and expenses of every kind and nature with regard to (i) sickness, injury or death of any person employed directly or indirectly by the Stevedore, its agents or any sub contractors or third parties it may engage, and (ii) damage to or destruction of any property or Equipment of the Stevedore; arising during the performance of the services, from any cause whatsoever, including (but not limited to) the negligence of the Customer its agents or any third parties it may engage. 6. HEAVY LIFTS Unless notified in writing in advance, the company is not obliged to organise Services in respect of any Goods which exceed 20 MT of weight. In the event that any goods exceed the weight declared by the Customer, then the Customer shall, notwithstanding any conditions to the contrary be responsible: (a) for any damage suffered by any Equipment used by the company in performance of its services (including any consequential losses and delays suffered by the Stevedore). (b) In all circumstances whatsoever for any deficiency, loss or damage of any Goods and for any death or personal injury sustained by any party. In any case where specialised lifting equipment is needed this shall be provided by the Customer entirely at its risk and expense. 7. LIEN The Stevedore shall have a general lien on all goods or documents in its possession for any sums that may be due from time to time from the Customer or the Owner of Goods and shall be entitled to sell or dispose of such goods or documents at the expense of the Customer or Owner of Goods and use the proceeds towards payment of any such outstanding sums. 8. RATES The rates for the Service shall be those that are notified to the Customer and as may vary from time to time. Any Service not included in the rates shall be performed by special agreement at such rate as is agreed in writing between the Stevedore and the Customer. The Stevedore reserves the right to increase its rates at any time without notice to the Customer. Additional charges will be made for difficult or abnormal stowage and for over distance employment. Any additional costs, losses and expenses incurred by the Stevedore as a result of breach of these Conditions by the Customer are NOT included in the rates. In the event that the Customer is not immediately ready to take delivery of the Goods from the Stevedore then the Customer shall pay for any down time and additional expense incurred by the Stevedore. 9. NOTICE OF CLAIM Any claim of whatsoever nature in respect of any Services provided by the Stevedore, shall be notified in writing to the Company as soon as is practicable or, at the very latest within 7 days from which the Customer became or should have become aware of any event or occurrence alleged to give rise to such a claim. In the event that the customer fails to comply with this provision then any such claim and all rights or action in respect thereto shall be absolutely barred. 10. PAYMENT Unless agreed in writing with the Customer, payment shall be made seven days in advance of provision of the Service. Interest at the rate of 4% per annum above the Bank of Scotland's base rate shall be due upon all late payments. 11. HAZARDOUS GOODS The Stevedore will not provide Services for dangerous, hazardous or poisonous goods including those listed in the "International Maritime Dangerous Goods code" or the Report of the Department of Transport on the Carriage of Dangerous Goods in Ships (the "Blue Book") unless notified expressly in writing in advance by the Customer and agreed to by the Stevedore. Hazardous Goods must be packed in accordance with the Statutory Regulations. Any special requirement regarding the Stevedore's services must be notified in writing to the Stevedore before presentation of any hazardous goods. If the Customer fails to notify the Stevedore in accordance with this provision, then the Customer shall, notwithstanding any provision in these Conditions to the contrary, be responsible for any and all claims losses expenses and damage of whatsoever nature suffered by the Stevedore and any third party, including any death, personal injury and illness suffered by any person and any pollution arising from such Goods. 12. JURISDICTION This contract shall be governed by English law and any disputes shall be determined by the High Court of Justice in England. NORTH EAST STEVEDORING CO LTD STREAMLINE TERMINAL BLAIKIES QUAY ABERDEEN AB11 5PU

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