GENERAL TERMS - Port of Kiel

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GENERAL TERMS AND CONDITIONSany damage caused by using the devices duringthe term of lease.§ 9 Limitations to Handling and StoringGoodsValuables, (things that are worth more thanEURO 25.00 per kilogram), fragile, dangerous,bulk/loose and particularly bulky goods can beexcluded from handling and storing. They can beaccepted under certain conditions; however, aspecial fee has to be paid for any kind of cargothat is not listed in the Quay Tariff of Kiel.Explosive goods may only be taken into the portarea if approved by the Port Authority togetherwith PORT OF KIEL.§ 10 Leasing of Working Equipment10.1 If PORT OF KIEL rents out workingequipment without dedicated personnel, therecipient has to check that the devices are in goodorder and condition upon receipt. Any complaintabout the condition of the device is to besubmitted immediately and in writing to PORTOF KIEL. Later complaints are unre-markable incase they had been identifiable upon properexamination.10.2 After use, the working equipment has to bereturned in proper condition where handed out.10.3 The lessee is liable for loss or damage of thedevice as well as for all damage done to himself,third parties or to PORT OF KIEL while using thedevice, unless damage has been culpably causedby PORT OF KIEL respective its employees orauthorised persons. The lessee has to adduceproof of exoneration.§ 11 Working Hours11.1 Regular working hours of personnel onworking days is Mondays to Fridays 7 a.m. to 4p.m., Saturdays from 7 a.m. to 1 p.m.11.2 If manpower of PORT OF KIEL is requiredoutside of normal working hours or it becomesclear during the cargo handling process that thejob won’t be finished by 6 p.m., PORT OF KIELhas to be informed about the required manpowerbeyond regular working hours by 12 p.m. (noon).§ 12 Ordering and Using EquipmentCranes and other devices need to be ordered and-if necessary- cancelled by 4 p.m. of the previousworking day; orders received after that time willonly be considered subject to available capacities.Should a device that had been ordered not beused, PORT OF KIEL can claim full payment; withrespect to cranes however, a minimum fee forgripper operations for 4 full hours can be claimedin accordance with chapter 2.4.2.2 of the QuayTariff of Kiel unless PORT OF KIEL has used thedevice otherwise, grossly negligent did not use itin spite of the opportunity to do so or thecustomer can prove to PORT OF KIEL that nodamage or just a significantly lower damage thanthe estimated one has been caused.§ 13 Crane Work13.1 The crane driver is responsible for thecorrect operation of the crane. Should the cranebe rented to a contractor, the crane operator hasto follow the instructions of the contractorrespective his substitute unless the instructionsgiven conflict with the service instructions byPORT OF KIEL and unless human beings orobjects are endangered by them. Serviceinstructions can be consulted at PORT OF KIEL.13.2 Goods to be handled must be put in verticalposition under the crane hooks. The contractor isreponsible for correctly fastening the cargo. Thecrane operator is not obliged to validate this. Thecontractor is liable for any damage caused byimproper fastening unless PORT OF KIELrespective the crane operator assigned by PORTOF KIEL acts with intent or grossly negligent. Thecrane driver is entitled to deny using the crane if
7 GENERAL TERMS AND CONDITIONSthe goods are improperly fastened or notaccessible with vertical ropes.13.3 When loading and unloading a vessel, ahatch assistant needs to be on board. He is notrequired if the crane operator finds that he cancommunicate directly with the clerks aboard.13.4 While loading and unloading, the cranetracks are to be kept clear. In consultation withthe ship management, the individually involvedhandling or stevedoring company has to take carethat the crane operations are not obstructed bygangways and the like.III. STORING§ 14 General14.1 Goods can be stored in quay warehousesand open storage areas.14.2 When third parties store cargo on thewharfage, PORT OF KIEL is not the storekeeperpursuant to §§ 467 ff. HGB (German CommercialCode) but only the wharfage operator.14.3 Smoking and open fire is forbidden inwarehouses, on their ramps and entrances.§ 15 Storing Goods and Storing Location15.1 PORT OF KIEL can reject any goods thatare not suitable for storing.15.2 PORT OF KIEL stipulates at its own dutifuldiscretion where the goods are to be stored.15.3 PORT OF KIEL is not obliged to let thegoods be stored longer than 24 hours on thewharfage. It can order acceptance to theauthorised party with 24 hours notice. In case theorder is not complied with, an authorized personis not known or cannot be reached, PORT OFKIEL can relocate or store the goods elsewhere onaccount of the authorized party after the deadlineof 24 hours has been passed.§ 16 Dangerous Goods16.1 For handling dangerous goods in the portarea and on the wharfage, the state orderconcerning safety in handling dangerous goods atthe ports of Schleswig-Holstein (port securityorder) and the port usage order of the state capitalof Kiel are applicable in their individually validversion.16.2 Goods classified as dangerous according tostatutory provisions have to be announced inwriting at PORT OF KIEL via the port authority48 hours prior to importing them into the portarea. Concerning container and RoRo-vessels:Dangerous goods entering the port have to bedeclared at the latest when leaving the portbefore, outgoing dangerous goods have to bedeclared at the latest immediately before enteringthe port area; if declared less than 24 hoursbefore, a timely inspection in the port area mustbe rendered possible.16.3 PORT OF KIEL can - in agreement with theport authority – exclude dangerous goods thatseem inappropriate for provision from import intothe port area.§ 17 Risk, InsuranceThe risk of sinking, degrading or damaging thegoods stored indoors and outdoors lies with thecontractor who is exclusively responsible forinsuring the goods against theft, fire, water andfrost damage etc.§ 18 Selling and Reutilising Goods18.1 After a storing period of one month, PORTOF KIEL is entitled to publicly auction orprivately sell such goods on the account of thecontractor that are
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GENERAL TERMS - Port of Kiel

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