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Terms and conditions

Table of contents

1. NSAB 2015
2. Norwegian Maritime Code of 24 June 1994 No. 39
3. Prices
4. Carrying Vessel
5. Receipt
6. Payment
7. Withdrawal
8. Check-in
9. No-show-fee
10. Vehicle instructions
11. Personal Valuables
12. Securing of cargo
13. Extraordinary units 

 

14. Dangerous Goods
15. High Value Transport
16. Used/Unregistered Vehicles
17. Electric plug-in
18. Storage
19. Safety
20. ISPS
21. Damages
22. Cancelations, Changes, Delays and Consequential Loss
23. General Average
24. Claims
25. Law and Jurisdiction
26. Insurance
27. Miscellaneous

1. NSAB 2015
Color Line is Member of the Nordic Association of Freight Forwarders. All services rendered are subject to the General Conditions of the Nordic Association of Freight Forwarders (NSAB 2015).

  • As contracting party cf. § 3 B the conditions limit the freight forwarder’s liability for loss of, deterioration of, or damage to goods to SDR 8.33 per kilo and for delay to the amount of the freight, and for all other loss to SDR 100,000 in respect of each assignment (§ 21). 
     
  • As intermediary cf. § 3 C the freight forwarder’s liability is limited to SDR 50,000 in respect of each assignment and totally in the event of any one occurrence to SDR 500,000 (§ 24). 
     
  • For storage, the total liability is limited to SDR 500,000 for damage occurring in the same occasion (§ 25).
     
  • Special attention is directed to the network clause (§ 2); claims against the freight forwarder are statute-barred after one year (§ 28); and the lien on goods (§ 14) applies to both current and previous claims.


2. Norwegian Maritime Code of 24 June 1994 No. 39
For transportation of goods under contracts such as Waybills, Bills of Lading or equivalent, The Norwegian Maritime Code of 24 June 1994 no. 39 as amended will apply.

In case of a conflict between Color Line’s Terms and Conditions and the Norwegian Maritime Code, the provisions of the Norwegian Maritime Code of 24 June 1994 no. 39 as amended will always take precedence.

SDR means the special drawing rights established by the International Monetary Fund. The value of 1-one SDR (also known as XDR) is published on banks daily lists of foreign exchange rates.

Color Line as carrier is entitled to limit its liability or disclaim any liability that may lawfully be excluded under these rules. These include and are not exclusive to the following sections:

  • Section 274 - Period of responsibility
    The carrier is responsible for the goods while they are in its custody at the port of loading, during the carriage, and at the port of discharge. The carrier is no longer considered to have custody of the goods when the carrier has delivered the goods to the receiver.
     
  • Section 275 - Liability for cargo damage
    The carrier is liable for losses resulting from the goods being lost or damaged while in its custody on board or ashore, unless the carrier shows that the loss was not due to a fault or neglect on the part of the carrier or anyone it is responsible for.
     
  • Section 277 - Liability for live animals
    The carrier is not liable for loss of or injury to live animals arising from the particular risks inherent in such carriage.
     
  • Section 279 - Calculation of damages for property damage
    Damages for loss of or damage to the goods are calculated based on the value of goods of the same kind at the place and time when the goods were or should have been delivered according to the contract of carriage.
     
  • Section 280 - Limits of liability
    The carrier’s liability shall not exceed 667 SDR for each package or other unit of the goods or 2 SDR for each kilogram of the gross weight of the goods lost, damaged or delayed. The limit of liability which results in the highest liability shall be applied.
     
  • Section 288 - Notice of damage or loss
    If the goods have been delivered and the receiver has not notified the carrier in writing of any loss or damage which the receiver had or ought to have discovered, and of the nature of the loss or damage in question, all goods are, where nothing to the contrary is proved, regarded to have been delivered in the condition described in the transport document. If the loss or damage was not apparent at the time of delivery, the same applies if written notice is not given at the latest 3-three days after the delivery.

    Written notice is not required in respect of loss or damage which is ascertained in a joint inspection of the goods.
     
  • Section 501 - Time bars 
    For a claim for damages for loss of or damage to or in connection with goods or for incorrect or incomplete statements in a bill of lading, one year from the day on which the goods should have been delivered or were delivered.

The carriage of vehicle drivers and their baggage is regulated by current Passenger Terms and Conditions and the Norwegian Maritime Code dated 24 June 1994 No. 39 as amended.

For further information please see “Useful documents and links” under https://www.colorline-cargo.com/terms-and-conditions


3. Prices
Color Line reserves the right to amend the prices and times listed at www.colorline-cargo.com. 

Color Line also reserves the right to amend prices due to fluctuations in currency rates (CAF), fuel prices (BAF), taxes and duties, and to change the travel plans and routes for all Color Line ships.


4. Carrying Vessel
Color Line is entitled to perform the transport by use of a different vessel than stated at the time of booking.


5. Receipt
No tickets will be sent to you. Your e-mail receipt is your written confirmation that the ticket(s) with the stated information has been booked with Color Line Cargo. Keep this information in a safe place, as you will need it if you want to change/cancel the reservation(s).


6. Payment
Shipping documents or boarding cards will be issued at the check-in counter on the departure date. Generally, Color Line Cargo does not give credit on shipment. For customers who have been given credit, the general term is payment due on the 14th the following month.


7. Withdrawal
Any credit account or quoted rate may at the discretion of Color Line Cargo be withdrawn at any time. The withdrawal is valid for future consignments and notice will be given to the customer in advance.


8. Check-in
Vehicles with drivers must be presented and ready for shipment at least 60 minutes before vessel departure (Sandefjord – Strömstad at least 30 minutes before vessels departure). Other cargo units must comply with the terms in the Conditions of Transport or special conditions in the respective ports.

Unaccompanied units must be presented and ready for shipment at least 120 minutes before vessel departure. If delivered later than 120 minutes before departure, Color Line is entitled to perform the transport by use of a different vessel/departure time than stated at the time of booking.


9. No-show fee
No-show fee is charged by Color Line Cargo for confirmed bookings that do not show up before departure. To avoid the charge, you must cancel or change your confirmed booking 1 hour before the current departure.


10. Vehicle instructions
Vehicle drivers are responsible for leaving their vehicles at the place instructed onboard the vessel. Likewise, vehicles must be left secured by the hand brake, in lowest gear as well as properly locked. 

All driving whether ashore or onboard the vessel is done at the driver’s own risk and without liability to Color Line, unless negligence or fault on Color Lines part can be proved.


11. Personal Valuables
Personal items carried onboard such as cash or equivalent, bonds or other valuables such as gold, silver, jewels, art objects and similar items are not Color Line’s responsibility unless the items are received by Color Line for safe storage. It should be noted that storage in locked cabinets in the common area is not considered a part of Color Line’s safe storage.


12. Securing of cargo
All cargo goods on/in vehicles or ro-ro units must be properly secured according to sea transport regulations. All units must be equipped with lashing hooks.


13. Extraordinary units
For transport of extraordinary units, rates will be given on request. Sea freight rates for agricultural- and industrial machinery will be given on request. For units with a width of over 2,60 m, a surcharge will be added on the sea freight:

  • 2,61 – 3.00 m: + 25%
  • 3.01 – 3,25 m: + 50%
  • 3,26 – 3,75 m: + 75%
  • 3,76 – 4,25 m + 100%

For widths over 4,25 m, freight rates given on request.


14. Dangerous Goods
Firearms, ammunition, explosives or other dangerous goods are not allowed onboard without Color Line’s prior written approval. Dangerous goods are accepted according to IMDG regulations for freight on combined passenger and freight ships. Dangerous goods that comply with these regulations will be surcharged with an additional fee.

Specifications referring to the IMDG code, UN-number, class number and packing group must be received before we can confirm shipment. Dangerous goods shall be labeled according to governing regulations, and the vehicle must bring a “Dangerous Goods Declaration” and a “Container Packing Certificate” and be marked in accordance to the IMDG code.

Note: Dangerous goods declarations related to a booking must be sent to port of departure within 24 hours before departure. If Color Line receives declarations after 24 hours before departure, an additional fee of NOK 250 will be surcharged. If the customer does not report that the delivered unit contains dangerous goods during check-in, there will be charged an additional fee of NOK 750.

Note: Empty uncleaned tank units are classified under the IMDG code. If the customer willfully gives incorrect information regarding dangerous cargo, Color Line reserves the right to take legal action.


15. High Value Transport
For transportation of cash, bank notes or other forms of currency, bullion, works of art, precious or rare metals or stones, plate or other objects of a rare or precious nature, specie, bonds or other negotiable instruments, special conditions will apply. Such goods are accepted for carriage solely at the risk of the Shipper. Please refer to the document Disclaimer High Value Transport, see “Useful documents and links” under https://www.colorline-cargo.com/terms-and-conditions.


16. Used/Unregistered Vehicles

  • Color Line has the right to full access to the vehicle for inspection purposes.
     
  • Fuel level of same vehicle to be max 1/3 full at the time of shipment.
     
  • Shipment of used and/or unregistered vehicles will not be accepted for shipment if containing loose items.
     
  • Exceptions can be made for vehicle-related loose items. Such items should be specified at the time of booking, as well as declared on shipment and custom documents.
     
  • Above condition applies for single vehicle shipments as well as for multi vehicle shipments transported on a car transporter.
     
  • Even without any remarks on the transport document, the carrier is not responsible for dents, scratches or other minor damages to vehicles which are transported in connection with second-hand import to the place of destination.


17. Electric plug-in
Information regarding the need for electric plug-in on the transport unit for the voyage must be advised at time of booking. If there is a need for the transport unit to be plugged in at the departure/arrival terminal an email clarifying this must be sent to Color Line Cargo, whereupon a confirmatory email or information from the booking system will be sent.

The transporter is responsible for bringing the necessary cables. Flexible leads may be purchased from our freight expeditions. The transporter is solely responsible for and must insure that the refrigeration/heating unit is already switched on and set at the correct set-point temperature at the time of delivery. The temperature set-point will not be adjusted by Color Line.

Color Line as carrier shall in no circumstances be liable for consequences arising from

  • any failure of the transporter to correctly plug in the refrigeration/heating unit.
     
  • any failure of the transporter to set the correct temperature on the refrigeration/heating unit.
     
  • any malfunctioning of the refrigeration/heating unit attached to the transport unit.


18. Storage
Units unloaded at our terminals may remain for an additional 2 days after the date of arrival free of charge. Thereafter, storage for owners’ risk will be charged for each additional day.

Note: Unaccompanied units that arrive at the Port of Hirtshals will be moved over to the public area “Godsbanen” directly after arrival. The area is under surveillance by The Port of Hirtshals, and the gates will be locked between 23:00 and 07:00. Color Line will control the unit for any damages before deployment and any notations / remarks will be added to the corresponding Damage / Interchange Report. The units are parked outside the ISPS area for the owner's own risk and expense.


19. Safety
Color Line is entitled to reject embarking drivers, or disembark the driver in case the person, according to the Captain’s judgment, is unfit for the voyage or may be dangerous for his/her own or other passenger's safety onboard.


20. ISPS
Color Line AS will give admission to the terminals according to the requirements given in the ISPS-code part A. The following points state the minimum requirements for admission to the ISPS-controlled area:

  • The driver must carry a valid ID.
     
  • Valid transport documents must accompany the unit.
     
  • Transport to the terminal must be executed in a way that ensures that no unauthorized persons have had unnoticed access to the cargo.
     
  • Transport to the terminal must if possible be carried out without unnecessary delays. Unsealed or unlocked units must not be left without supervision.
     
  • Any indication of unauthorized access to the cargo or the cargo unit must be reported to the shipper and the consignee.
     
  • When permission has been given to enter the controlled area, the driver must follow the requirements for admission and traffic on the ISPS-controlled area.
     
  • It is assumed that the driver is aware of the above requirements, and that the transport has been executed according to the requirements above. The driver must sign in at the entrance to the terminal and state that he will follow these requirements.
     
  • The transporter/driver accepts that ISPS-inspection may be carried out on the unit without advance warning and must be willing to give the inspector access to the unit. The inspector must in these circumstance present valid ID.


21. Damages
Units accompanied by driver: Any damages must be reported immediately to the ship’s officer before disembarking from the vessel.

Units not accompanied by driver and general cargo: Any damages must be reported to Color Line Cargo staff in charge at the terminal/quayside and noted on the Damage/Survey report or Interchange Report as applicable.


22. Cancelations, Changes, Delays and Consequential Loss

  • Color Line as carrier reserves the right to cancel any sailing, in which case the freight for the carriage will be refunded in full.
     
  • Color Line as carrier reserves the right to change schedule dates, times, port of call or otherwise diverge from the published itinerary.
     
  • Color Line as carrier shall in no circumstances accept liability for direct, indirect or consequential loss or damage, or loss of profits including, but not limited to, any such losses caused by the delay of delivery.
     
  • Without prejudice to the foregoing, if Color Line as carrier should nevertheless be held legally liable for any such direct, indirect or consequential loss or damage caused by delay, then Color Lines liability shall be limited to the freight for the carriage or the value of the goods as determined in section 279 of The Norwegian Maritime Code of 24 June 1994 no. 39, whichever is the lesser.


23. General Average
General Average is to be adjusted in Oslo according to the York-Antwerp Rules of 1994 and later amendments.


24. Claims
All claims are considered in accordance to current Terms and Conditions and The Norwegian Maritime Code of 24 June 1994 no. 39, Chapter 13 - Carriage of General Cargo. Here you will find information regarding liability in general, period of liability, liability limits, notice of damage or loss, time bars, etc. For further information please see “Useful documents and links” under https://www.colorline-cargo.com/terms-and-conditions

Please note that:

  • Color Line as carrier can limit or disclaim any liability that may lawfully be excluded under the above rules.
     
  • Claims of any kind against Color Line must not be offset against any freight/payment due to Color Line under these terms.
     
  • Claimants are always expected to mitigate any losses.
     
  • Invoiced claims received without prior notice of claim or processing will not be accepted by Color Line and will be returned.

NOTICE OF CLAIM:
Written Notice of Claims must be sent without undue delay to Color Line by e-mail to forsikring@colorline.no or by letter to Color Line Marine AS, c/o Claims department, PO Box 2090, N-3202 Sandefjord, Norway, and must include:

  • Name of the carrying vessel + route/departure date.
  • Damage date + Description of event/damages.
  • Unit registration/chassis no. etc.
  • Copy of signed damage/survey/interchange report + any pictures if available.

VALID CLAIMS:
Valid claims will only be accepted where:

  • it can be clearly demonstrated that the loss or damage occurred while the cargo unit was in Color Line’s custody.
  • the loss or damage was caused by a fault or neglect by Color Line, its servants or agents.
  • the claim is supported by documentary evidence, specifically copy of the paid repair invoice and/or documented estimate of the repair/replacement costs.

CLAIMS PROCESSING AND SETTLEMENT:
Please note that the processing of claims may take longer during National Holidays, vacation/peak seasons and/or if it is necessary to obtain additional information.
As soon as the claim has been processed Color Line will send a written confirmation of the outcome. Where the claim has been accepted Color Line will give information on correct invoice details and references for accepted amount ex vat, for quick and easy settlement.


25. Law and Jurisdiction
All disputes/lawsuits arising out of the contract of carriage will be subject to Norwegian Law and may only be brought against Color Line AS, PO Box, 1422 Vika, N‐0115 Oslo, and be determined by exclusive jurisdiction of the Oslo City Court which the parties deem to be the forum adopted for the matter.


26. Insurance
Please note that Color Line has no direct loss insurance coverage on goods/cargo units transported or stored by us. Color Line has however taken out a liability (P&I) insurance cover at Gard AS.

As Color Line’s liability is limited and/or can be excluded under current Terms and Conditions, Color Line encourages the customer to take out own transport insurance to cover goods during transport, handling and storage.


27. Miscellaneous
For freight transport, the carrier’s conditions relating to the contract of carriage such as Waybills, Bills of Lading or equivalent will apply to the degree the contract of carriage is completed. 

Color Line is not responsible for any typographical errors in any of the articles on www.colorline-cargo.com.

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