OF
THE
ASSOCIATION
OF ROTTERDAM STEVEDORES
rhb stevedoring & warehousing – rotterdam
“ROTTERDAM
STEVEDORING CONDITIONS”
1EUR = Dfl.
2.20371
Deposited
at the registry of the
District
Court at Rotterdam
August
12th 1976.
Article
1
1. When reference is made in these General
Conditions to operations, this covers all acts whether in fact or in law
or omissions as well as the making and receiving of oral or written statements.
2. When reference is made in these General
Conditions to the premises of the stevedore, this covers all sites,
buildings (sheds and otherwise) and waterplots where the stevedore is situated
or performs his
operations, including quays, railway and
crane tracks and roads, whether adjacent or not.
3. The titles of the articles in these General
Conditions are for reference and are not an exact summary of the subject matter
of the article.
GENERAL PROVISIONS
Article 2
1. These General Conditions
apply to all orders to and all operations of the stevedore, irrespective of
their nature and whether they are stevedoring operations in the strict sense or
the stevedore is under an obligation to carry out the operations involved or
they are carried out for payment.
2. In respect of orders and operations which do
not belong to the operations of a stevedore in the strict sense, such as the
provision of tug services, warehousing and the like, the stevedore shall be
entitled to invoke also the standard conditions of operators of the relevant
branch or such specific conditions as may have been agreed.
The stevedore is
equally entitled to invoke the conditions whether standard or personal of third
parties with whom he has made a contract relating to his operations or any
specific provisions in such contract.
In case of conflict
between such conditions and these General Conditions, the stevedore can decide
on which conditions or provisions he wishes to rely.
3. The conditions and provisions referred to in
sub-article 2 of this article, shall be deemed to have been made in favour of
the stevedore and to have been accepted by him as such.
4. These General Conditions can be invoked
against the principal as well as his representative, against whom they are
equally applicable.
5. The stevedore is also entitled to invoke the
custom of the port, even if this differs from what would be valid pursuant to
these General Conditions
6. If the stevedore, at any time, does not
exercise any right granted to him in these General Conditions, this shall not
be construed as a waiver of the right.
7. Reliance on a specific provision or right
shall not prevent the stevedore from relying on any other specific provision or
right.
8. In case of difference between the Dutch text
of these General Conditions and a text in a foreign language, the Dutch text
shall prevail.
OFFERS, TARIFFS AND PAYMENTS
Article 3
1. All offers made by the stevedore are without
engagement. The tariffs quoted by the stevedore are based on the normal
handling of sound and seaworthily packed cargo in the way as customary with the
members of the Association of Rotterdam Stevedores, with gangs of the size
normal and during the working hours normal when the tariff was quoted.
The stevedore shall be
entitled to adjust the tariffs offered by him even after they have been accepted,
if one or more of the factors referred to in the preceding paragraph change
between the time the offer was made and the execution of the operations
2. All operations, with the exception of those
referred to in sub-article 3 of this article, shall be paid for immediately on
presentation of the stevedore’s invoice, without any deduction or set-off
whatsoever.
3. The stevedore’s invoice for operations with
respect to vessels trading in a regular liner service shall be paid within
14 days after presentation
of the invoice to the principal or his representative, again without any
deduction or sett-off
whatsoever.
4. The documentation supplied by the stevedore
shall be conclusive evidence of the nature,
scope and extent of the operations performed by him such as the hours
during which work has been performed and the men and material made available.
The stevedore’s documentation shall prevail over documentation prepared by
others.
5. On invoices due to the stevedore but not
paid, interest shall accrue from the time when the invoice is due for payment
at the interest rate charged by the Central Netherlands Bank on loans to the
customers (“promesse disconto”) plus 4%
6. Notwithstanding the foregoing or any other contractual
provision, the stevedore shall always have the right to ask for an advance or
cash payment or for such security as he considers proper for any invoice
presented but not paid and/or for payment of current operations and/or any
other claim and until any request for payment or security has been properly
satisfied to refuse to perform, or suspend or terminate operations without
previous warning or court intervention and without any liability on his part.
7. All claims of the stevedore shall become due
immediately in the case of the bankruptcy or suspension of payments (or
applications therefore) of the principal or his representative and/or the owner
and/or operator and/or charterer of the means of transport in relation to which
operations are or have been performed or if any property of the principal or
his representative is seized or – in general – if any goods or any contents or
part thereof in relation to which operations are or have been performed, such
as the vessel, the cargo or the bunkers of the vessel or the freight earned or
to be earned by the vessel, are seized.
8. The stevedore is entitled to retain goods,
documents and money, for the account and the risk of the principal and/or
interested parties, until his claims have been properly paid or until, in his
opinion, proper security has been furnished.
The stevedore has the
right of pledge on all goods, documents and monies which are in his possession
or which will come into his possession for any cause whatsoever, for all claims
arising from his operations or otherwise.
If in relation to any
claim, no payment has been made or proper security has been furnished within 30
days after request, the stevedore is entitled to sell the goods or documents on
which he has the right of pledge by private treaty or public auction without
court intervention.
The stevedore is at
all times entitled to set off any of his claims against such money that is or
shall come into his possession.
9. If the tariff offered by the stevedore is
quoted in foreign currency, any devaluation of such currency against the
Netherlands guilder or any revaluation of the Netherlands guilder against such
currency after the time of the offer, is for account of the principal.
10. Payment to the stevedore shall always take
place in the manner indicated by the stevedore. Remittance to an agent of the
principal shall not be an acquittal for the principal.
11. Without prejudice to the provisions of article
1433 of the Netherlands Civil Code, payments shall, where more than one account
is outstanding, be set off against such outstanding accounts in chronoligical
order, which the stevedore shall decide in case of doubt.
12. The provisions of this article do not
invalidate the provisions of the Tariff conditions referred to in article 11.
GENERAL PROVISIONS WITH RESPECT TO
THE OPERATIONS
Article 4
1. The stevedore is always entitled to let the
operations in whole or in part be performed by one or more third parties or by
persons who are employed by third parties.
2. The operations will be carried out at the
stevedore’s option with his own equipment or with hired equipment or with the
help of the loading or the discharging gear or power of the means of transport,
which shall be put at his disposal free of charge. The gear and the said means
of transport itself must comply with the requirements of the public authorities
and the stevedore. The master of the vessel or the persons in charge of the
means of transport in relation to which operations are performed, are under an
obligation to supervise the proper functioning and use of same and to do
whatever is possible to prevent damage.
3. When information is given by the stevedore
such as when certain cargo will be discharged or the time of loading and/or
delivery, this will be to the best of his knowledge and belief but without any
liability on his part.
The ordering alongside
of the means of transport of the interested parties is considered as a supply
of information as indicated in the preceding paragraph.
4. The clearing up of holds, the opening and
closing of hatches, the rigging of derricks and/or winches, the placing and
removing of gangways and in general any work, which has no direct relation with
the operations in a strict sense but which is necessary in order to commence,
continue or terminate the operations, shall take place without any liability on
the stevedore’s part, even if the execution of such work has become customary.
If the principal fails
in good time to have such work performed, the stevedore shall be entitled to do
such work for the account and risk of the principal.
5. The principal is under the obligation to
ensure there is sufficient light on the means of transport. If light is
unavailable or not sufficiently available, the stevedore will make such
arrangements as he considers necessary without any liability on his part and he
will in no case be liable for fire, explosion or other consequences thereof.
6. Where the stevedore has refused to perform
or suspended or terminated operations, the means of transport shall leave the
stevedore’s premises at his first request, failing which the stevedore is
entitled to take such measures as he thinks fit for the account and risk of the
principal and/or the carrier and/or the owner and/or the interested party or
parties without any liability on his part.
7. Goods, which are not received or taken away
timely, may be stored by the stevedore for the account and risk of the
principal and/or interested parties, without prejudice to any of the rights of
the stevedore by virtue of these General Conditions or otherwise.
CONTROL-SERVICES
Article 5
1. All control-services for the principal such
as tallying, weighing, measuring, gauging, checking, sampling, sorting, etc.
shall be exclusively performed by the stevedore for a separate charge unless as
an exception the stevedore and principal agree that such services shall be
performed by a control service company provided such company is a member of the
“Scheepvaart Vereeniging Zuid” (Port Employers Association).
2. The principal shall make his request for
control by such other control service company to the stevedore timely and he
shall pay the stevedore a reasonable fee and reasonable charges for the
facilities that the stevedore will place at the disposal of such control
service company. If a timely request is not made or no agreement is reached on
the fee and/or charges to be paid to the stevedore, he shall not be under any
obligation to accept the control service company indicated by the principal on
his premises. The stevedore is entitled to impose conditions on such
acceptance, notably with regard to the responsibility of or to the said
company; if such conditions are not accepted by the control service company,
the stevedore may refuse to accept the said company on his premises.
3. The provisions of this article do not
exclude the possibility that the stevedore agrees directly with the control
service company indicated by the principal on the fee and/or charges to be paid
to him, in which case the principal shall be jointly and severally liable with
the control service company for the payment of such charges and the provisions
of article 3 relating to payment shall apply.
THE PACKING AND MARKING OF GOODS
Article 6
1. Without limitation to what follows hereafter,
the cargo to be handled must be packed and marked clearly in conformity with
the law of the place where the operations are performed.
2. In any case, it must be clearly and
accurately indicated on the goods in conformity, wherever possible, with generally
accepted rules failing formal legal rules if they are or contain items which
are especially susceptible to rust or self-heating and/or inflammable and/or
explosive and/or fragile and/or poisonous and/or radio-active and/or in-
toxicating and, in general,
if they are or contain items which may be injurious or dangerous to men,
animals or the environment; also the weight, if more than 1000 kg, must be
clearly and accurately indicated on the goods. The stevedore’s attention must
be drawn to any of the elements referred to in this subarticle and also to
goods which, having regard to their value, require special stowage or handling.
3. Furthermore, the stevedore may at any time
refuse to perform, suspend or terminate the operations with respect to goods,
which do not, in his opinion, comply in any respect with the foregoing
requirements and/or take such measures in respect of such goods as he thinks
fit (including their destruction), without any liability on his part and for
the account of the principal.
4. Indications or descriptions in a foreign
language or in technical terms which, in the opinion of the stevedore, are not
generally known, shall not be deemed to comply with the foregoing requirements.
PERSONS ON OR AT THE PREMISES
Article 7
1. All persons on or at the premises of the
stevedore shall strictly follow the rules and directives issued by any public
authority or the stevedore in the interests of order and safety.
2. The vessels and other means of transport and
the labourers involved in the delivery and the receiving of goods shall not go
under the reach of the cranes in so far as this is not required for the
performance of the operations. It is forbidden to smoke on the premises.
3. Persons who enter the stevedore’s premises
to deliver or receive goods or who are responsible for operations performed or
perform operations there for any reason in connection with the operations or
the goods involved are responsible to the stevedore for the proper compliance
with the provisions of this article and/or the rules and directives referred to
in sub-article 1 of this article.
4. The stevedore is entitled at any time to
refuse entrance to his premises to persons not wanted there by him or to
require such persons to leave.
5. The stevedore is under no obligation to
ensure that goods on his premises (whether in sheds or elsewhere ashore) shall
be kept above high water.
LIABILITY
Article 8
1. The stevedore is not liable for damage nor for
the event which causes such damage, unless and in sofar as it is satisfactorily
proved these are the result of actual fault or privity or gross negligence of
the stevedore or someone for whom he is responsible and, in the latter case,
the stevedore has not exercised due diligence in the choice and the supervision
of the person(s) involved.
2. Any and all liability of the stevedore ends,
if he is not notified in writing of the alleged damage or of the operations
which it is alleged were improperly executed before the operations are
terminated or before the persons, animals or goods leave his premises
(whichever occurs first), unless such notice could not reasonably be given.
3. In the case of the liability of the
stevedore, same is limited as follows:
a. for damage in respect of goods or animals to
a maximum of Dfl. 2,000.- per unit or
animal and in the case of
non-unit cargo Dfl.
2,000.- per 1000 kg;
b. for damage in respect of persons to a
maximum of Dfl. 20,000.- per person;
c. for damage in respect of goods not covered
by sub-article 3a to a maximum of Dfl.
20,000.-
In any event where
damages are incurred or suffered in respect of persons and/or animals and/or
goods or otherwise, the stevedore’s liability shall be limited to Dfl. 50,000.-
per assignment or event (at his option), such amount to be divided pro rata
between the interests involved according to the damage suffered.
4. If damage occurs or may occur in any form,
as well as if any rule or directive is not followed, the stevedore may refuse
to perform, suspend or terminate his operations, as well as take such further
measures as he thinks fit, without any liability on his part.
5. All damages including costs, loss of profit,
losses, fines or other disadvantages incurred by the stevedore in respect of
any event for which he is not liable under these General Conditions or
otherwise, shall be reimbursed to him at his first request by the principal,
irrespective of whether the principal and/or others have incurred damage
themselves. If an event has resulted in damages for which the stevedore is
liable as well as damages for which he is not liable, the stevedore shall bear
his own damages.
6. The principal shall indemnify the stevedore
in respect of any claim whatsoever of third parties, against whom the stevedore
might not be entitled to invoke these General Conditions, in so far as such
claims would have been excluded if such third parties were bound by these
General Conditions.
Article 9
Except in case of his actual fault or privity or gross negligence, the stevedore shall never be liable for non-material damage nor for consequential damages in any form whatsoever (such as loss of profit or income, fines and similar charges), nor for the event from which such damage arises, nor for damage of any kind, nor for the event from which such damage arises in the following circumstances:
a. owing to the condition, nature or stowage of
the goods or the nature or condition of any means of transport involved or any
part thereof;
b. The unavoidable result of the method of
working, if neither the principal nor the carrier nor other interested parties
timely objected in writing concerning such method if working or of the speed
required necessitated this method of working in the opinion of the stevedore;
c. owing to incorrect stowage, if the principal
or the carrier or other interested parties gave insufficient guidelines or
information and did not object in writing concerning the stowage to the
stevedore during the operations;
d. as a result of the breaking of hoisting
devices, ropes, wires and other gear unless where such equipment is the
property of the stevedore, it can be proved that such equipment had not been
adequately maintained or did not conform to legal requirements or, failing such
requirements, to requirements generally considered reasonable
e. incurred during operations normally
performed by others e.g. ships’ crew or agent, irrespective of the reason why
the stevedore carried out such work and if he received or will receive payment;
f. as a result of work done by the stevedore
in connection with customs formalities;
g. owing to strikes of labourers, casual or
regular, general or partial, official or unofficial, regardless whether the
result of a breach of contract, previous notice of dismissal of labourers, lock
out, agitation by or lack of labourers, labour trouble or delay in any other
form; irrespective whether labourers in the service of the stevedore or in the
service of others (including the principal) are involved;
h. owing to war, riots, sabotage, seizure,
arrest, detention, destruction, terrorism or taking hostage;
i. owing to burglary, fire or explosion;
j. owing to the non-compliance by the principal
or by third parties or by persons for whom the stevedore is responsible of any
rule or directive issued by any public authority or by the stevedore himself
(including those contained in these General Conditions);
k. owing to high water, storm or similar
perils;
l. owing to other goods, latent defects in piping,
buildings or machinery, any accident connected with the operations, changes in
the quality of goods, leakage, perishing, infestation or insufficient or faulty
packing;
m. owing to any negligence in the performance of
anything which the stevedore was not specifically asked to perform;
n. owing to causes which the stevedore could
not reasonably prevent or unknown causes.
Article 10
1. If the stevedore is under obligation to
indemnify the principal in respect of damages payable to third parties, the
amount of any damages to be paid shall be fixed in consultation with the
stevedore. The stevedore shall only be bound to pay the principal, if satisfied
that such damages have been or will be paid to the third party.
2. In case of damage, for which the stevedore
would appear to be liable, the parties interested are under an obligation to
claim such damages in the first instance under any policy or scheme of private
or public insurance available to them or the parties which suffered the
damages.
3. The stevedore is at any time entitled to
invoke provisions relating to the exclusion or limitation of liability, in
agreements between his principal and/or the carrier and third parties, or legal
rules applicable to such agreements to similar effect.
4. All provisions relating to the exclusion or
limitation of liability of the stevedore and the indemnification by the
principal in respect of claims by third parties, as well as the provisions for
arbitration and any legal rules such as those referred to in sub-article 3 of
this article and all other rights intended to benefit the stevedore in
connection with possible claims (such as sub-article 6 of article 8), are made
also to the benefit of those persons referred to in sub-article 1 of article 4
of these General Conditions, as well as to the benefit of any persons employed
by the stevedore and in general to the
benefit of any party, for whose acts the stevedore may be responsible or who
can be held liable for operations performed by the stevedore.
The stevedore shall,
where appropriate be deemed to have acted as agent for the persons referred to
in this sub-article when concluding agreements.
Moreover, the
stevedore is irrevocably authorized by the principal to waive such rights as the
principal may have against the persons mentioned.
TARIFF CONDITIONS
Article 11
1. The tariffs and the conditions attached
thereto issued or to be issued by the Association of Rotterdam Stevedores are
deemed to form part of the present General Conditions save in so far as the
stevedore has expessly agreed the contrary in writing.
2. In case of conflict between any provision of
these General Conditions and any Tariff condition, it is for the stevedore to
decide on which provision he wishes to rely,
EXPIRATION OF CLAIMS
Article 12
Any claim against the
stevedore shall lapse, irrespective of whether there has been compliance with
the provisions of sub-article 2 of article 8, six months after the claim has
arisen, unless such claim has been made the subject of arbitration in
accordance with article 13.
ARBITRATION
Article 13
1. Any dispute which arises between the
stevedore and his principal or his representative shall be decided by three
arbitrators to be appointed after consultation between the parties or, failing
agreement thereon within a reasonably short time, by the Chairman of the
Chamber of Commerce at Rotterdam at the request of either party, of which
request the other party must have been notified. The Chairman of the
arbitrators shall be a lawyer practising at Rotterdam.
2. The arbitrators shall decide “as good men in
equity”.
3. Each party shall notify the request to
arbitrate and the result of the arbitration to the Secretariat of the
Association of Rotterdam Stevedores and shall deposit the arbitration award
there.
4. The stevedore is entitled to waive the
provisions of this article, in particular in respect of claims for unpaid
invoices, in which event the competent civil courts at Rotterdam shall have
jurisdiction.
APPLICABLE LAW
Article 14
All operations of the
stevedore shall be subject to the law of the Netherlands.
EFFECTIVE DATES
Article 15
1. These General Conditions can be referred to
as the "Rotterdam Stevedoring Conditions”. They shall come into effect on the
day of their deposit at the registry of the District Court at Rotterdam.
General Conditions deposited earlier shall cease being effective at that time,
except for agreements to which they are applicable and in which the present
General Conditions cannot be incorporated.
2. With respect to offers or operations current at the time of the deposit
of the present General Conditions at the above-mentioned Registry, these
General Conditions shall be applicable as from the date of the deposit.
Modifications, which may be made to these General Conditions thereafter, shall
come into effect as from the day on which they shall be deposited and shall, as
from that day, be applicable to all current operations of the stevedore.
3. In case of doubt, it is for the stevedore to decide on which General
Conditions or on which provision(s) he wishes to rely, even if this would be
contrary to the provisions of this article.
1EUR = Dfl. 2.20371
rhb stevedoring & warehousing – rotterdam