1. Sphere of application
The present general terms and conditions apply to all agreements concerning special transports and crane work as well as crane driving when the assignment is undertaken by companies under the special group KRAN-BLOK ERFA of the Danish Transport and Logistics Association.
Sub. 2. Deviations from the present general terms and conditions only apply when agreed in writing between the parties involved in the assignment in question or as consequence of mandatory legislation.
All special transports, crane works and crane driving are carried out in compliance with the Act on International Freight Agreements of 9 September 1986 with amendments as follows by the present terms and conditions.
Sub. 2. If the provisions of the Act on International Freight Agreements apply mandatorily to an agreement on international special transports, crane work, or crane driving, the Act has precedence over the present terms and conditions in case of any disagreements.
Under these general terms and conditions, the person requiring the service is defined as Buyer and the person presenting the required services as Seller.
3. Responsibilities of the Seller
The Seller is responsible for the special transport, the crane work, and the crane driving with the limitations of the further stipulations of these terms and conditions.
The Seller is responsible for the procurement of the necessary permissions for transport on public road from the relevant authorities prior to the transportation.
Sub. 2. If a permission according to subsection 1 cannot be procured, or if the permission, by no fault of the Seller, is reversed by the authorities, the agreement lapses as a whole. Without undue relay, the Seller must inform the Buyer of this fact in writing.
The Seller must apply with the directions of the Buyer as for article 10.
The Seller is only responsible for delays, miscarriage, and damages to the goods that are due to errors or negligence by the Seller or by the staff hired by the Seller.
Sub. 2. The Seller is not responsible for operating loss, loss of profit, or further indirect losses or consequential damages, regardless whether such loss can be attributed to the Seller, the staff of the Seller, or the equipment of the Seller. This also applies in case of engine failure, strikes, and delay due to war, fire, strikes of any kind, lockout, intervention by the authorities, or public injunctions, precipitation, low temperatures, wind or similar weather conditions.
4. Responsibilities of the Buyer
The Buyer is obligated to ensure that the goods being transported/handled are suitable for the transport/handling in question. The Buyer carries the responsibility of any damage or loss should the goods not be suitable for transportation/handling.
Sub. 2. The Buyer must supply the Seller with complete information on the goods being transported as well as inform the Seller of all conditions relevant to the assignment. Also the Buyer must supply all necessary technical information and documents.
The Buyer must ensure that machinery and equipment are secured for transport, prepared and drained of cutting oil, hydraulic oil, and coolant or sealed to avoid spillage during transportation.
The Buyer must provide Seller with complete information on the goods being transported. The information must be provided in due time for the Seller to be able to obtain the necessary permissions.
Sub. 2. Furthermore, the Buyer must ensure that the material of the Seller can access the site legally by way of solid access roads and be installed on solid ground. Also, the Buyer is responsible that all services such as barring, carriage roads/squares, etc. on site are constructed and mounted in a legally and securely manner.
Sub. 3. The Buyer must ensure that the material of the Seller as well as the goods in question legally and securely can be conveyed onto the site by way of solid access roads and be installed on solid ground. Also the flooring at site must be suitable for the work at hand.
The Buyer is responsible towards Seller and Third Party for damages to goods, personnel, and material due to incorrect instructions on lifting, sustainability of lifting gear, weight indications, or any incorrect information on the carrying capacity of the foundation, insufficient or lacking lifting eyes, incorrect or faulty descriptions of site conditions and/or conditions in general, including the usage of the material.
Sub. 2. The Buyer carries the risk of damage to the access roads of the site, surface dressings, subterranean plants, installations, etc., unless the Buyer has appointed access and installation options to and at the site not causing damages.
The Buyer is responsible for obtaining and procuring relevant permissions from the authorities as for work being carried out by the Seller or when using the material of the Seller at the work site.
Sub. 2. If the authorities cannot issue the permissions mentioned in subsection 1, the agreement as a whole cease. The Buyer must inform the Seller of this in writing without undue delay.
The Buyer may not participate in exploiting the material beyond its capacity and use. Also, when the Buyer or his/her employees participate in carrying out part of the assignments, the Buyer is responsible that the tasks are carried out according to the legislation regarding working environment.
The Buyer must provide welfare arrangements to the staff of the Seller at site according to the legislation regarding working environment.
If the Buyer violates the above rules, the Seller reserves the right to invoice all costs for site -hut allowance, penalties, and fines.
When storing the goods, the Buyer carries the risk and must take out and pay insurance for the goods covering fire, theft, and water damages for the period during which the goods are in the custody of the Seller.
The Seller takes out general liability insurance against the responsibility which the Buyer incurs according to Danish legislation against damages to a third party or the property of said third party.
The compensation covers collective damages occurred during one incident up to DKK 10 million. The Seller resumes no responsibility or risk beyond this amount. Therefore, it rests upon the Buyer to take out additional insurance should the responsibility and risk surpass this amount.
If the Seller is ordered responsibility towards a third party, the Buyer must indemnify the Seller of any responsibility beyond what the Buyer could claim against the Seller according to these general terms and conditions.
The materials lifted by crane are covered by the lifting insurance of the Seller for up to DKK 1,000,000 per operation/lift, given that the damages were caused by mistakes made by the Seller.
Sub. 2. For crane lifting of materials with a value above DKK 1,000,000, the Buyer must take out an additional lifting insurance through the Seller, covering any mistakes or faults made by the Seller.