NSOCC Green Card 2011

This document constitutes a Swedish translation of the NSOCC Green Card 2011 (published by the North Sea Operator's Claims Conference). NSOCC Green Card 2011 contains guidelines for the settlement of claims arising where the North Sea Standard Conditions of Carriage ("the Carrier's standard terms") are applicable. The translation has been prepared by Destination Gotland AB and is intended solely to facilitate understanding of the English original. In the event of any inconsistency between the Swedish translation and the English original text, the latter shall prevail Riktlinjer för skadereglering i fråga om transportenhet som transporterats i enlighet med Transportörens standardvillkor för godstransport This sixth edition of these guidelines has been issued to indicate to the trade the parameters that over the years have been agreed between carriers and Protection & Indemnity (P&I) clubs regarding the settlement of claims for damage to transport units and the like carried in accordance with the Carrier’s standard conditions of carriage These guidelines do not in any way alter or prejudice the respective legal positions of the parties under the Carrier’s standard conditions of carriage Transport unit includes, unless otherwise stated, any form of vehicle, container, flat-rack container, pallet, trailer, TUV-certified unit, portable tank and/or other similar articles used to consolidate cargo, and mobile plant machinery Trailers and similar road vehicles shall comply with the international standard ISO 9367-1 as well as ISO 9367-2 concerning "Lashing and Securing arrangements on road vehicles for sea transportation on ro/ro ships"* These correspond to the Swedish standard (SS) Road vehicles - Securing of vehicles for sea transportation on Ro/Ro ships - General requirements - Part 1: Heavy vehicles and vehicle combinations excluding trailers (ISO 9367-1:1989), and Road vehicles - Securing of vehicles for sea transportation on Ro/Ro ships - General requirements – Part 2: Trailers Special attention is drawn to the Carrier’s standard conditions of carriage and nothing in these guidelines shall be interpreted as a waiver of or exception from the Carrier’s rights or limitations of liability. The carrier shall not assume greater liability or additional obligations than those found in the aforementioned standard conditions Normalt bruksslitage och handhavandeskada Alleged damage to a transport unit is often found, upon inspection, to consist of wear and tear Transport units are susceptible to damage despite reasonable care being exercised during loading, handling, stowage, storage and discharge, and during terminal operations Carriers shall not accept such wear and such "handling damage" as a compensable claim Reglering av krav The purpose of these guidelines is to create conditions for an amicable settlement of claims arising from loss of or damage to a transport unit alleged to have occurred while it was in the carrier’s custody Simplified procedures have been developed for settlement of compensable claims relating to transport units Except where the damaged material is proven to be less than three months old, every settlement shall be subject to a deduction, in accordance with industry practice, to reflect depreciation for wear and tear (W&T Clause). Where the damaged material is proven to be less than three months old, the loss or damage shall be paid in full (Material Lifetime Clause) Ersättningsgilla krav Claims shall only be accepted where: 1) it can be clearly established that the loss or damage occurred while the transport unit was in the carrier’s custody; and 2) the loss or damage was caused intentionally or by negligence on the part of the carrier, its subcontractors, employees, contractors, agents or representatives; and 3) this is supported by documentary evidence, in particular: a) Copy of an invoice for or an estimate of the cost of repair or replacement b) Written confirmation that the costs claimed have not been claimed from or paid by any other party The claimant is always expected to mitigate the loss Where any of the specific damages/components dealt with in points A to E below form part of a larger claim, settlement without application of the limitations set out in A to E may be considered As a general principle the carrier shall not accept liability for the following: A: Damage to parts not visible at delivery by reasonable inspection methods, such as video gate checks and visual manual delivery inspections (depending on the port's equipment) B: Roof damage except where damage arises from external impact while the transport unit was in the carrier’s custody and then only if the damage is clearly and plainly visible from ground level or, where quay equipment is available for proper and necessary roof damage inspection, documented as such C: Decals, logos and marketing materials, except for repair or replacement in the immediate area of damage D: Trailers and similar items D1: Any damage caused by cargo shifting inside or on the transport unit D2: Tarpaulins and curtain sides except holes and tears in tarpaulins and/or curtain sides (units which are not subject to the W&T clause) where such are extensive and caused by tearing or abrasion against external objects while the transport unit was in the carrier’s custody Examples of situations where liability will not be accepted are holes and tears resulting from: a) tearing from or abrasion against parts of or articles inside the transport unit b) tearing or abrasion against cargo inside the transport unit, tensioning of the tarpaulin due to ramps, side supports/seats or cargo protruding outside the loading surface c) knife slashes and tarpaulin damage caused by stowaways Unless the repair cost exceeds the replacement cost, holes and tears will not be accepted as justification for full replacement of tarpaulins and/or curtains even if the damage jeopardises the validity of a certification (such as, but not limited to, a TUV certificate) If in exceptional cases a full replacement of the tarpaulin is justified, the settlement will reflect the tarpaulin’s and/or curtain’s age-deducted reduced replacement value at the time the damage occurred D3: Bumpers, side guards and cargo lifting devices come into contact with bollards and other objects. All related minor damage shall be regarded as acceptable wear and tear, provided they are not fully recessed and secured prior to delivery for shipment D4: Rubber buffers that are normally fitted to protect the transport unit, or any part thereof, from repeated contact with hard objects. All damage to these shall be regarded as acceptable wear and tear D5: TIR ropes, loops and curtain fasteners protrude beyond the width of the transport unit and are exposed to damage during normal use. All damage to these and similar parts shall be regarded as acceptable wear and tear D6: Tyres Flat tyres, punctures or damage to tyre tread patterns Damage will only be compensated where there is visible damage to the tyre sidewall and then only in accordance with the following criteria: a) If the remaining tread depth is known, compensation is calculated pro rata b) If the remaining tread depth is unknown, compensation is up to 50% No liability shall, however, be accepted for tyres whose tread depth is less than 4 millimetres or where the tread separates from the tyre carcass D7: Spare wheel holders and storage boxes are often located close to the ground and all damage should be considered caused by inherent characteristics due to their position D8: Rims All damage D9: Air suspension bellows and associated components All damage, except where it can be clearly shown that the damage occurred while the transport unit was in the carrier’s custody D10: Mudguards and anti-spray equipment are naturally susceptible to contact with foreign objects. All damage shall be regarded as acceptable wear and tear unless it can be clearly shown that the damage occurred while the transport unit was in the carrier’s custody D11: Loose equipment Loss of or damage to lights, light guards, reflectors and other loose equipment such as, but not limited to, removable lighting panels, spare tyres, crank handles, coupling parts for brake systems, tools, tarpaulins, ratchet straps, etc D12: Support legs and parking supports except where bent by external impact to such an extent that they can no longer perform their intended function D13: Jockey wheels/support leg wheels and support feet All damage to these parts, taking into account their function and the heavy loads to which they are repeatedly exposed, except where it can be clearly shown that they were damaged by external impact to such an extent that they can no longer perform their intended function D14: Side flap and door hinges and locks Side flap and door hinges and locks wear through normal use and corrosion D15: Side flaps and body superstructures Scuffs, buckling, cracks in side flaps (covered side flaps are not subject to the W&T clause) and body superstructures, except where it can be clearly shown that the damage occurred while the transport unit was in the carrier’s custody D16: Rear flaps and rear doors Scuffs, buckling, cracks in rear flaps and rear doors, except where it can be clearly shown that the damage occurred while the transport unit was in the carrier’s custody D17: Aluminium and other lightweight constructions except damage to the chassis and body frame caused by external impact when the transport unit was in the carrier’s custody D18: Curtain-side tensioning devices, except where damage has occurred through external impact while the transport unit was in the carrier’s custody and it has caused functional failure of the system E: Box, Bulk, Refrigerated and Tank containers Dents, scratches and other cosmetic damage to outer material, shell, panels, frame, corner posts and container corners where ordinary use of the unit is not impeded (Cosmetic Damage clause) Functional failure in temperature gauges, valve covers, locker doors, etc Damage to ladders and walkways that does not affect the ability to use them safely. Temperature settings or malfunctions in thermostats, heating or cooling units Claims relating to tank containers shall be subject to the right of inspection of the damage and any settlement will reflect the tank container’s age-deducted reduced replacement value at the time the damage occurred Load securing in vehicles and transport units for sea transport The aim of multimodal transport is to carry cargo from the place of consolidation to the final destination without disruption during transportation It is in the interest of all parties involved that the goods arrive at the consignee’s premises in good condition and it is therefore crucial that the cargo is properly stowed and secured inside the transport unit from the outset. Failure to do so may be unlawful and may also cause delay and extra costs for the discharge party, as well as pose a risk to life It is therefore vital that the cargo is properly stowed and secured inside the transport unit in order to protect the goods and the transport unit from circumstances caused by both natural events and human actions that may occur during transport. Shippers must comply with the stowage guidelines and standards (and any amendments thereto) that have been developed by various organisations over the years, including but not limited to: - The European Standard EN 12195-1 as approved by CEN members (Comité Européen De Normalisation) on 1 September 2003 - The manual "Loading and securing Cargo on Load Carriers" published by the Transport Research Institute (TFK), Stockholm, Sweden - Securing of loads on road vehicles (VDI manual Securing of Loads), VDI 2700 published 2004-11 - The British Merchant Shipping Notice no. M.1445 of April 1991. Its associated "Roll On / Roll Off Ships Stowage and Securing of Vehicles Code of Practice" (ISBN 0 11 550995 X) issued by the Department of Transport, Marine Directorate, London, is published by Her Majesty’s Stationery Office and contains lists of related publications - The IMDG Code Supplemental (Amdt. 34-08) titled "Guidelines for the packing of cargo, other than bulk cargo, into or onto cargo transport units (CTUs) applicable to transport operations by all surface and water modes of transport"