EXCERPT FROM ”Prices and terms of business” for Odense Havn
7.10.1 Instructions
7.10.1.1 General issues for lift and transport operations
At lifting and transport operations, safety for people, equipment and cargo is always of our highest priority. Supervisor and rigger are entitled to stop the work if rules, regulations and instructions are not observed.
Crane operator and other staff involved are entitled to stop the work if they are uncertain as to whether the operation is executed in a sound and safe way.
All operative communication in connection with lifting and transport operations must take place in Danish or English.
The lessee or persons employed by the lessee may not - without previous agreement in writing and production of relevant certificate - engage in any physical operation of cranes or vehicles belonging to Odense Port.
To the extent that the lessee himself supplies lifting gear for the hoisting of cargo, the lessee undertakes to ensure observation of the executive orders published by the Danish Working Environment Authority concerning rigging (AT notification No. 2.3.0.4 of May 1997), rigging gear (AT notification No. 2.02.10 of April 2015) and executive order on lifting gear and winches (executive order No. 1101 of 14 Dec. 1992). If so requested, the lessor shall be presented with documentation that the lifting gear is certified, duly controlled, sufficiently dimensioned and otherwise suitable for the assignment.
7.10.1.2 Routine lifting
In case of routine lifting, the crane lessee has the full authority of instruction. Instruction shall be made in accordance with Danish legislation and acknowledged guidelines for crane work. People involved with rigging and direction of crane must have the required experience and the necessary theoretical competences. Theoretical competences (e.g. ”rigger certificate”) must be available for documentation, if requested.
Upon agreement and against separate payment, Odense Port may perform instruction on behalf of lessee. Settlement for this is according to the hourly rate for supervisors.
7.10.2 Liability
Odense Havn assumes no liability for damage sustained in connection with lessee's use of the cranes. Lessee is liable for any damage inflicted during the use of the cranes to himself, to Odense Havn, to any third party, vessel or cargo, and for any damage inflicted on the cranes themselves or any of their grabs.
ODENSE PORT assumes no stevedore liability in the event of non-attendance of dockers/stevedores.
ODENSE PORT can be made responsible for damage/injury only where the damage/injury is caused by failure on the part of ODENSE PORT by intention or gross negligence in keeping the cranes properly maintained.
In the event of liability, the liability of ODENSE PORT is limited in pursuance of the limitation of liability in Chapter 10 below, which also states that no compensation is payable for consequential loss, loss of profits, waiting time for lorries, dockers etc., loss of market share or any other indirect losses.
