Saga Shipping A/S does at all times act as "As Agent Only" for any products and/or services sold and all business undertaken is subject to our General Conditions of Business.
All commercial engagements shall be performed according to the General Conditions of Business for Members of the Danish Shipbrokers' Association, which are applicable to members of the Association only. All tasks shall be performed as principal's agent or intermediary, and members are thus -unless the opposite has been expressly agreed in writing - not liable (responsible) for any breach of contract( non-fulfilment/non-performance) of the contract arranged by the member (§2).
All tugboat assistance and/or towing is on STA conditions.
Terms of delivery by our supply ships:
The vessel/owners/master/crew can not be held responsible for contents, weight, measurement, quality.
Shipment on deck for the sole risk and responsibility and account of suppliers or their clients.
Transports carried out in accordance with the Danish maritime laws and Gencon 1976, responsibility limited according to same laws.
Terms of handling:
Lifting by crane or forklift / forwarding is for the sole risk and responsibility and account of suppliers or their clients.
Terms of storage:
Storage is for the sole risk and responsibility and account of suppliers or their clients.
OWNER'S GOODS OR SUPPLIES:
In situations where Saga Shipping has agreed to store and transport items or goods on behalf of the customer (such items are referred to as ''Owner's Goods''), the sole risk of the Owner's Goods while the goods are in the custody of Saga Shipping A/S, or third Parties acting on Saga Shipping A/S, remains with the customer.
Storage and transportation of Owner's Goods are provided to the Customer by Saga Shipping A/S only based on prior agreement on each occasion between the parties.
Owner's Goods are considered as received for transport and/or storage only. Saga Shipping A/S has accepted to carry such goods to the receiving Vessel on the condition that the Seller cannot be held liable for any loss, damage or delay to the said goods (in whole or in part) occurring during offloading, storage, loading and transportation arising including but not limited to negligence on the part of Saga Shipping A/S or subcontractors/representatives, and the Buyer shall indemnify Saga Shipping A/S from any loss and/or liability arising out of the performance of the services related to the Owner's Goods.
The Buyer acknowledges and accepts that barge transport may be performed as deck cargo, and the Buyer shall have the sole responsibility of proper and sufficient packaging of the Owner's Goods.
Saga Shipping A/S shall be deemed to have no knowledge of the weight, contents or quality of the Owner's Goods and in no way whatsoever can Saga Shipping A/S be held responsible for same.
With reference to above it remains the sole responsibility of the Customer to ensure and the customer guarantees that Owner's Goods are stored, transported, exported and imported in accordance with all applicable laws and regulations. The customer shall indemnify Saga Shipping A/S all costs borne by Saga Shipping A/S related to the storage, transport, export and/or import of the Owners Goods if such are due to issues of compliance with laws and regulations, or due to health and safety measures taken by Saga Shipping A/Sto protect staff or property belonging to Saga Shipping A/S or third parties.
The Buyer shall ensure that property insurance is covering the Owners Goods during the period of transport and storage by Saga Shipping A/S or its representatives.
Not withstanding anything else in these terms or stated by the customer at any given time. The following libility shall apply:
Saga Shipping A/S total liability towards customer under any one order shall always be limited to an amount equal to the stated price for the service provided under such order.
if the claim by the customer relates only partially to the provided service the maximum amount of liability shall be limited to the corresponding proportionate part of the stated price for ther service provided.
This applies irrespective of whether the Saga Shipping A/S liability arises out of acts or omissions committed by Saga Shipping A/S or Saga Shipping A/S representative in any other way.
This applies wether Saga Shipping A/S provide storage and/or transportation services, freight forwarding, custodian or any other service.
Saga Shipping A/S cannot be held liable for any type of consequential damages or indirect losses.