TERMS of BUSINESS in Force As of January 1, 2018

TERMS OF BUSINESS In force as of January 1, 2018

1 1. Containerterminalen 2. Multiterminalen 3. AAK 4. Olieterminalen 5. Cementterminalen 6. Krydstogtterminalen 7. Kommende Omniterminal

2 PORT OF AARHUS – CONTACT DETAILS

ADDRESS Aarhus Havn Vandvejen 7 DK-8000 Aarhus C EAN: 5790000423668 CVR: 23145928

CONTACT Tel. +45 8613 3266 www.aarhushavn.dk [email protected]

MANAGEMENT Port Director Jakob Flyvbjerg Christensen [email protected]

CUSTOMER SERVICE CCO Nicolai Krøyer [email protected]

24-HOUR SERVICE CUSTOMER SERVICE DEPT. Tel. +45 8613 3266 [email protected] [email protected] VHF Channel 12

FINANCE Assistant Director Henrik Munch Jensen [email protected]

TECHNICAL DEPARTMENT Technical Manager Anne Zachariassen [email protected] (joining on February 19, 2018)

1. Containerterminalen 2. Multiterminalen 3. AAK 4. Olieterminalen 5. Cementterminalen 6. Krydstogtterminalen 7. Kommende Omniterminal

3 TERMS OF BUSINESS AS OF JANUARY 1, 2018

The present Terms of Business shall apply to the maritime activities of Port of Aarhus as well as any land-based activities on the land areas of Port of Aarhus.

The present Terms of Business shall take precedence in relation to any standard terms and conditions applied by the contracting parties of Port of Aarhus. Any terms and conditions deviating from the present Terms of Business shall be put forward only in so far as they have been expressly agreed with Port of Aarhus.

The present Terms of Business are also available in Danish. In the event of discrepancies between the Danish and the English versions, the Danish version shall prevail.

For information of crane service charges and other conditions for ordering and use of cranes, please refer to Terms of Crane Service in force as of January 1, 2018. This can be downloaded here

4 CONTENTS

1. SUBMISSION OF PARTICULARS AND PAYMENT ...... 6

2. ISPS 6

3. SHIPPING DUES ...... 7

4. PILOTAGE ...... 8

5. MOORING SERVICE ETC. 8

6. TOWAGE 10

7. WHARFAGE 11

8. CHARGES FOR RAILWAY WAGGONS ...... 12

9. STORAGE OF GOODS ...... 13

10. RECEIPT OF WASTE MATTER ETC. 14

11. POWER SUPPLY ...... 15

12. VETERINARY FRONTIER CONTROL ...... 16

13. SNOW CLEARING ...... 16

14. WORKING ENVIRONMENT DUTY ...... 16

15. LIMITATION OF LIABILITY ...... 16

5 1. SUBMISSION OF PARTICULARS AND PAYMENT

1.1 SUBMISSION OF PARTICULARS At least 24 hours prior to calling at the port, the ship must notify Port of Aarhus of the following: • The data of the ship, such as they appear from the ship’s current tonnage certificate, • Expected time of arrival • Current draught, and • Expected requirement for assistance.

The master or the agent of the ship shall submit such particulars of the ship and cargo etc. as are necessary for the calculation and collection of charges and shall, upon request, produce the ship’s papers, manifest, letter of indemnity if exemption from VAT, weight certificates etc. confirming the particulars submitted. Particulars necessary for statistical purposes shall also be submitted.

1.2. PAYMENT Prior to departure, all dues and other charges payable in pursuance of the present Terms of Business shall be paid to Port of Aarhus or in some other way provided for.

Unless otherwise agreed or stated in the present Terms of Business, all charges due are payable 8 days after date of invoice.

Even if it can be documented that the dues or charges paid in pursuance of the present Terms of Business are too high due to erroneous specifications, no refunds of such dues or charges shall be made more than three months as from the date of invoice. No interest shall be paid on overpaid charges. Claims for refunds shall be put forward within three months of the date of invoice. Overpaid dues or other charges in pursuance of the present Terms of Business must not be offset against outstanding amounts payable by Port of Aarhus.

For each ship’s call Port of Aarhus will send one e-invoice free of charge. In case the customer requires a split-up invoice we will charge DKK 125 for this extra service. For each printed and forwarded invoice, we will charge DKK 225.

2. ISPS Port of Aarhus has fully implemented the ISPS code. The security facilities are as follows: Port id: 10358 UN locator code: DKAAR Container terminal Approval code DKAAR-0004 Multi terminal Approval code DKAAR-0005 AAK AarhusKarlshamn Approval code DKAAR-0001 Oil terminal Approval code DKAAR-0006 Cement terminal Approval code DKAAR-0002 Cruise terminal Approval code DKAAR-0015

2.1. SECURITY FEE A separate security fee of DKK 5.50 will be charged per full container and self-propelled unit and DKK 0.13 per tons of cargo passing the quays at the ISPS facilities.

Ships that need a Declaration of Security must fulfil certain requirements. All expenses incidental to the issue of a Declaration of Security shall be borne by the ship.

Communication regarding the ISPS Code should be addressed to the Chief of the Security Organization. Please contact Port of Aarhus on: Phone: +45 8613 3266 or e-mail [email protected].

For additional information on ISPS requirements and charges in the port, we refer to www.aarhushavn.dk.

Lost Admission Cards Port of Aarhus offers printing of admission cards. The owner of the card is responsible for taking care of his/her card. In case you lose your card and need a replacement card to be issued, Port of Aarhus will charge DKK 250 for this service. 6 3. SHIPPING DUES

3.1. CONDITIONS All ships and all floating equipment shall pay shipping dues when lying in the port or in the fairways of the port. The shipping dues are chargeable to the shipowner. A ship shall be regarded as lying in the port from the day of arrival.

The shipping dues are calculated based on whole gross tonnage (GT) as stated in the tonnage certificate according to the International Convention on Tonnage Measurement of Ships, 1969.

For segregated ballast tankers, an SBT deduction shall be made in the basis of calculation when documented in the tonnage measurement. The tonnage certificate shall be submitted to Port of Aarhus prior to arrival.

3.2. RATES Shipping dues are payable at the option of the shipowner: Either:

For each call (for each commenced period of)

7 calendar days’ duration at a rate of DKK 3.25 per GT

For ships up to and including 3,000 GT DKK 1.10 per GT

A minimum payment of DKK 410.00 per call

For calls of more than 7 calendar days * DKK 0.60 per GT per day

For ships up to 3,000 GT DKK 0.20 per GT per day

*Alternatively, payment for a new period of 7 calendar days can be made.

or:

For ships making several calls, by an amount per calendar DKK 7.50 per GT month in advance and entitling the ship to make an unlimited number of calls, at a rate of

A minimum payment of DKK 410.00 per call

3.3. EXEMPT FROM SHIPPING DUES • Ships belonging to Danish or foreign government authorities when not designed to carry goods or passengers, • Ships calling at Port of Aarhus for medical assistance, landing of patients or ship- wrecked persons, or for landing of dead persons, • And ships forced by average or by gales, fog or other climatic reasons to seek shelter, provided always that the stay in the port does not exceed 24 hours.

3.4. RO-RO BERTHS Ships using the ro-ro berths in the port shall be under an obligation to establish a barrier upon departure. Port of Aarhus may charge DKK 500 if this is omitted.

7 4. PILOTAGE

4.1. CONDITIONS Pilotage from the roads to the port and vice versa shall be performed in accordance with the provisions of the Danish Pilotage Act (the “Lodsloven”) (Government Order No. 352 of April 12, 2016) as well as any rules and regulations issued pursuant to the Danish Pilotage Act.

When pilotage has been requested, mooring must be handled by Port of Aarhus linesmen. The linesmen shall be provided by Port of Aarhus or an external supplier, approved by Port of Aarhus.

When evaluating the individual supplier, Port of Aarhus will, for safety reasons, emphasize that the supplier and the linesmen can communicate on an understandable level of Danish or English. In addition, Port of Aarhus will emphasize that the supplier and the linesmen meet the guidelines for safe mooring as stipulated in the IMO (FAL. 6/Circ. 11/Rev. 1) “Ship/port interface: Guideline on minimum training and education for mooring personnel” of April 20, 2016, Annex section 1-4.

4.2. REQUESTS FOR PILOTAGE Requests for pilotage shall be submitted to the Customer Service at least two hours in advance. Port of Aarhus decides the pilotage order.

4.3 CHARGES

CHARGE FOR EACH PILOTAGE DKK

GT of the assisted ship:

0 – 3,000 3,150

3,001 – 5,000 4,200

5,001 – 10,000 7,350

10,001 – 20,000 10,500

20,001 – 13,650

For ships making several calls, by an amount per calendar month in advance and entitling the ship to make an unlimited number of calls, at a rate of

(however, not for the first 30 minutes) 1,000

Cancelled requests for assistance 500

Requests for tugboat for boarding or 3,000 landing owing to ice

5. MOORING SERVICE ETC.

5.1. CONDITIONS Mooring is undertaken by Port of Aarhus. Special agreement shall be made with Port of Aarhus for shifting of vessels not using their own engine. Port of Aarhus decides the mooring order.

Subject to approval by the Customer Service the pilot boats and work boats may assist in transporting persons or goods to and from ships not calling at the port, or similar tasks. In such cases a charge of DKK 3,000 shall be payable for each full hour or part thereof. If the service is required more than 7 nautical miles from the port, a charge of DKK 5,000 shall be payable for each full hour or part thereof.

8 5.2. REQUESTS FOR MOORING Requests for mooring shall be submitted to Customer Service (tel. +45 8613 3266) at least two hours in advance.

5.3 CHARGES

CHARGE FOR EACH MOORING: DKK

GT of the assisted ship:

0 – 3,000 800

3,001 – 5,000 1,050

5,001 – 10,000 2,100

10,001 – 20,000 3,150

20,001 – 5,250

For waiting time at departure/shifting, a charge must 1,000 be paid for each hour or part thereof – except for the first 30 minutes – counting from the ordered time of departure, of

Tugboat assistance, per hour or fraction thereof 3,000

More than 7 nautical miles from the port 5,000

Cancelled requests for assistance 500

5.4 SHIP-TO-SHIP TRANSFERS (STS) The charge for rent of up to six fenders, including handling, is DKK 12,000 for each ship operation. If the STS operation takes more than 7 days, the charge will be DKK 2,000 for each subsequent day.

9 6. TOWAGE

The m.v. HERMES (a 3,000 HP tugboat of 45 tons tractive capacity) and the m.v. AROS (a 4,750 HP tugboat of 55 tons tractive capacity) are available against payment.

6.1. CONDITIONS In each individual case Port of Aarhus decides if the weather/ice conditions etc. permit assistance, and which of the tugboats to use. Normally, grounded ships cannot expect assistance from the port tugboats. In connection with towage, a pilot shall be on board the vessel being towed. The tugboats are not used for pilotage. The towage order is decided by Port of Aarhus. Besides, assistance and/or towage shall be subject to the standard conditions stipulated by the Scandinavian Tugowners Association, which deviate from general Danish law in several ways. These conditions are available from Port of Aarhus.

6.2. REQUESTS FOR TUGBOATS Requests for towage must be made by mail to [email protected] no later than 12 hours prior to assistance.

6.2.1. ARRIVAL AND DEPARTURE Requests for towage must be made to the Customer Service no later than two hours prior to assistance. The assistance is final only when the request is given on VHF (channel 12) or by phone (+45 8613 3266). Requests by e-mail are considered to be temporary information. For towage of ships of which no previous notice has been given, Port of Aarhus is entitled to charge DKK 5,000 per tugboat.

6.3. PRICES

CHARGES FOR EACH TUGBOAT DKK

GT of the assisted ship:

0 – 10,000 15,750

10,001 – 20,000 21,000

20,001 – 50,000 31,500

50,001 – 63,000

Hourly charge 6,000

Waiting time per hour or each fraction thereof, except for the 5,000 first 30 minutes

Cancellation of requests for assistance 3,000

Tugboat as assistance boat, per hour or each fractionn thereof 6,000

If Port of Aarhus’ tugboats cannot be used or if supplementary tugboats are needed, the Customer Service shall try to procure supplementary assistance. The prices of these tugboats may differ from those charged by Port of Aarhus.

For towage of ships not using main engines, the charges are increased by 50 per cent. For shifting necessitated by loading and/or unloading, the charges are reduced by 50 per cent. A waiting time of two hours as from the time stated for commencement of the assistance justifies Port of Aarhus to cancel the order for assistance without giving further notification to the orderer. A cancellation charge should be paid when an order is cancelled less than two hours before the time for which the assistance was ordered. For ships carrying explosives or inflammable goods, hourly rates shall also be payable for watch duty and security service etc. as well as for assistance in connection with or towage of contractors’ equipment etc. An additional charge of up to 100 per cent of the hourly rate will be calculated in such cases where pushing by the tugboat has demanded an extraordinary performance, including a large consumption of fuel and/or overtime pay etc.

At three months’ notice an additional oil charge may be added to the tugboat charge and the hourly charge.

10 7. WHARFAGE

With the exception of goods for the ship’s own use, wharfage shall be payable to Port of Aarhus for all goods unloaded or loaded or otherwise launched or landed in the port or the fairways. The wharfage shall be payable by the consignee or the consignor, respectively. For goods in transit (i.e. goods that have not been processed in any way while in the port), wharfage shall be payable only one way, i.e. when launched or landed, and after approval by Port of Aarhus. The following applies: For containers in transit, wharfage is payable only for outgoing containers (export). For other goods in transit, wharfage is payable only for ingoing goods (import).

CONTAINER CHARGE DKK Goods in containers, per container 180.00 Empty containers 0.00 RO-RO GOODS Self-propelling units such as trucks, articulated trains, se- 165.00 mi-trailers etc., per unit Empty units 0.00 SPECIAL CARGO Blades, each unit 400.00 PASSENGER CHARGE For each passenger (cruise, ferry) 2.50 For each passenger (others) 50.00 CHARGE 1 (PER TON) Oil and petrol, Customs Tariff 27.10 Bio diesel, Customs Tariff 38,34 Coal, Customs Tariff 27.01-27.04 and other goods, per ton 13.25 CHARGE 2 (PER TON) Grain, Customs Tariff Chap. 10 Oil seeds, Customs Tariff Chap. 12 Molasses, Customs Tariff 17.03 Feedstuff, Customs Tariff Chap. 23 Salt, Customs Tariff 25.01 Cement, Customs Tariff 25,23 Fertilizers, Customs Tariff Chap. 31 Wood, Customs Tariff 44.02-44-07 og 44.09 Scrap metal, Customs Tariff 72.04 8.25 CHARGE 3 (PER TON) Stones and gravel, Customs Tariff Chap. 25 (u. 25.01 og 25.23) Wood chips, wood pellets, Customs Tariff 44,01 5.25 Fish Fish/shellfish, processed or unprocessed, unloaded from fishing 2.3% vessels or smacks, on the market value

11 8. CHARGES FOR RAILWAY WAGGONS

The port´s railway tracks may only be used by operators who have been approved in wri- ting by Port of Aarhus in advance. The operator is charged DKK 7,000 per train per month for using the railway tracks of the port.

For railway wagons carrying goods to or from Port of Aarhus a charge of DKK 170 per wagon is payable, provided that the goods have not previously been or will subsequently be subject to payment of wharfage to Port of Aarhus.

Companies and others receiving or dispatching railway wagons that are subject to charges shall monthly submit particulars of such transactions to Port of Aarhus. This must be done by the fifth day of the following month at the latest.

12 9. STORAGE OF GOODS

9.1 WAREHOUSES Goods to be loaded onto or which have been unloaded from vessels may be stored in the port warehouses according to agreement and against payment of rent, if space is available. The person renting warehouse storage space shall comply with all public rules and regulations and shall follow all orders by public authorities – including orders issued by Port of Aarhus – regarding the storage of goods. The lessee shall bear any risks associated with the method of storage. Port of Aarhus shall only make the warehouse available to the lessee, and Port of Aarhus shall not be liable for the goods stored.

9.2 WAREHOUSE RENT In certain warehouses, it is possible to reserve delimited areas for one month at a time against prepayment of a monthly rent of DKK 22.00 per sq. m. Power consumption will be charged separately.

9.3 AREAS Goods being loaded onto or unloaded from ships can be left near the quay for a period of 7 days free of charge, if it is deemed by the Customer Service that space is available. The storage period shall be calculated as from and including the day on which the goods are first stored.

If storage exceeds the period for which no charge is payable, a storage charge of DKK 2.10 per sq. m shall be payable for each following week or part thereof. The area shall be measured by the Customer Service and the rent shall be payable weekly according to the maximum area that has been used for storage and handling during the week in question.

In areas farther away from the quays goods may be stored against payment of rent at the following rates: DKK 5.00, 4.00 or 3.00 per sq. m per month or part thereof as decided by the Customer Service and based on the location of the area and the purpose for which it is used.

9.4 LONG-TERM LEASE OF AREAS Rent is charged at two rates of DKK 27.00 or 28.00 per sq. m per year respectively, including land tax for the lease of unconsolidated areas. To these rates an additional turnover charge shall be paid, or a certain turnover shall be guaranteed. The rent payable shall depend on the area in which the goods are stored and shall be determined by Port of Aarhus.

• For minor, consolidated areas the annual rent is DKK 75.00 per sq. m. • Areas for trailer parking etc. shall be paid for according to a separate lease agreement at a rate between DKK 250 and DKK 600 per month per area. • Port related companies may lease car parking spaces at an annual rent of DKK 3,000 per parking space.

9.5 LIABILITY Port of Aarhus assumes no liability for goods stored or placed in the port warehouses or within the port area generally. Nor does Port of Aarhus assume any liability for any damage which the stored goods may cause to any third party.

In addition, Port of Aarhus does not accept liability for damages caused by the goods to third parties. In case Port of Aarhus is held liable to third parties, the person who, upon the disposal of the goods, has placed the goods on the area of Port of Aarhus, and the owner of the goods, are jointly and severally obliged to indemnify Port of Aarhus for any claims - including interest and costs - which Port of Aarhus is required to pay to third parties. The person responsible for paying the rent is liable for any damage which the property may have caused to the property of the port unless otherwise notified to the Customer Service prior to storing. Such liability shall not prevent Port of Aarhus from holding the owner of the goods liable for the same damage. The lessee is responsible for any damage caused to the rented warehouse by goods handling, driving a truck, lorry etc. Any damage should be reported to Port of Aarhus immediately.

13 10. RECEIPT OF WASTE MATTER ETC.

Pursuant to Executive Order No. 1396 of November 25, 2016, issued by the Danish Mini- stry of the Environment, arrangements have been made by Port of Aarhus for the receipt of: ordinary waste from ships, cargo residue, sewage, oil mixtures and residue.

10.1 ORDINARY WASTE FROM SHIPS Ordinary waste from ships shall be disposed of in waste containers which can be found in several places at the port area.

10.2. WASTE CAUSING DAMAGE TO THE ENVIRONMENT Residues of hazardous substances (e.g. paints and containers for paint, spray cans, chemicals and containers for chemicals, oils and oilcloths, accumulators, batteries, distress signal rockets, pesticides, medicines, fluorescent tubes etc.) must not be thrown into the containers for ordinary waste. Disposal of such substances and any payment must be agreed with Customer Service. A Notification Form, which is available from Customer Service or can be downloaded from www.aarhushavn.dk must be completed, stating the quantity and type of hazardous substances to be disposed of. The UN No. must also appear from the Notification Form. A data sheet in English should be attached as well.

10.3. CARGO RESIDUE Customer Service can refer to a company dealing with receipt and delivery of cargo residue to a waste receiving and processing plant approved by the authorities. Payment for the handling of cargo residue is no concern of Port of Aarhus.

10.4. SEWAGE Sewage can be received during the normal working hours of Port of Aarhus on weekdays between 07:00am and 03:00pm. Wastewater is received in a tanker located at the ship’s side. It is possible to deliver 30 m3 per call free of charge. Sewage water must be pumped ashore by the ship’s own pumps. Standard dimensions for flanges for the receiving plant pipelines and the ship’s drainage pipes for sewage wastewater can be found in ”Modtage- ordning for Affald fra Skibe 2017”, Appendix 1, which can be found here.

10.5. RESIDUES AND MIXTURES OF OIL (SLOP) Residues and mixtures of oil (slop) can be delivered during the normal working hours of Port of Aarhus between 07:00am and 03:00pm. Outside these hours collection can be made against payment of DKK 1,100 for each collection of residues.

Reasonable quantities can be delivered, defined as the amount that the ship has gene- rated during its normal operation since the last port. This amount must not exceed 5 m3 when the last port of departure is located east of the Wilhelmshaven - Kristiansand line, and 10 m3 when the last port of departure is west of the aforementioned line. Delivery of quantities in addition to the above-mentioned will be charged DKK 400 per m3. Residues and mixtures of oil containing petrochemicals, danger class I and II products, or emulsifying agents, cannot be delivered.

Residues and mixtures of oil must be pumped ashore using the ship’s own pumps and at least 9 m3 per hour. If this cannot be met, a charge of DKK 1,100 per additional hour must be paid. However, extra time more than one hour cannot be expected. If the sludge is to be drawn ashore, the total amount of time spent will be settled by DKK 1,100 per commenced hour.

Delays and expenses because the ship is not ready for agreed time, etc., is the responsibi- lity of the shipowner and the person who has disposed of the ship. Standard dimensions for flanges for the pipelines of the receiving plant and the ship’s discharge pipes for oil-containing mixtures from the engine room bilges appear from the publication ”Modtageordning for Affald fra Skibe 2017”, Appendix 1, which can be found here.

Collection of sewage as well as residues and mixtures of oil should be ordered by contac- ting the company Fortum well in advance and no later than 24 hours before collection. Fortum can be contacted at tel. +45 8694 5555 or e-mail [email protected]

14 10.6. BALLAST AND TANK WASHINGS Port of Aarhus does not accept ballast and tank washings containing oil. Please refer to CONTAINING OIL companies offering shipment of oil or receipt of oil.

10.7. CHARGES FOR SHIPS EXEMPTED FROM PAYING SHIPPING DUES Ships which do not pay shipping dues to Port of Aarhus shall pay for all services mentioned in this clause. The price shall be agreed directly between the shipowner and the supplier.

10.8. LIABILITY The shipowner and the person who has disposed of the ship is responsible for the con- sequences of incorrect, misleading or missing information about the nature, composition and quantity of the waste, as well as leakage due to defective equipment or malfunction of own equipment upon delivery. To the extent that Port of Aarhus is held liable to third parties for damage caused by operating waste, residues and mixtures of oil not received by Port of Aarhus in accordance with the above, the person who has brought the ship to Port of Aarhus and the shipowner is jointly and severally liable to indemnify Port of Aarhus for any claim that Port of Aarhus may be required to pay to third party – including interest and expenses.

11. POWER SUPPLY

11.1. ORDERING Power supply shall be ordered and cancelled via Customer Service (tel. +45 8613 3266) Cancellation shall be made immediately after use so that live cables are not left on the quays unattended. Not all the outlets of Port of Aarhus are provided with extra protection in the form of current-operated earth leakage circuit breakers.

11.2. RATES AND PAYMENT When a request is made, payment for connection, disconnection and power consumption must be made, or security for payment provided, prior to connection or disconnection. The rates are stated below:

Voltage 230 400 400 400 400

Fuse (amps) 10 16 32 63 125

First 24 hours, DKK 300 400 550 800 1,200

Extra 24-hour periods, DKK 75 150 300 500 900

An extra charge of DKK 1,500 must be paid for connection and disconnection when carried out overtime by calling in the electrician. In case of unauthorized connection, an additional charge of DKK 1,000 shall be payable.

According to agreement the amount due may be calculated based on the actual power consumption: • Connection and disconnection: DKK 250 • Power consumption: Settlement according to current rates.

11.3. LIABILITY Port of Aarhus provides connection at the quay only and assumes no liability in case extra protection is necessary pursuant to the Power Supply Regulations. Nor is Port of Aarhus responsible for power failure. Port of Aarhus does not provide supply cables from the quay outlet to the user and assumes no liability for the user’s equipment. The user shall be liable for any damage to port equipment. Repairs, materials, fuses etc., necessary for making good any damage or defects caused by the user to the equipment of Port of Aarhus shall be paid for by the user. To the extent that Port of Aarhus is held liable to any third party for damage caused by the use of the port’s power installations and equipment or for damage attributable to damage to the power installations and equipment hired, the user of the power supply and the orderer shall be jointly and severally liable, to the extent that follows from the above, to compensate Port of Aarhus in respect of any claim – including interest and costs – which Port of Aarhus may be ordered to pay to any such third party.

15 12. VETERINARY FRONTIER CONTROL

Port of Aarhus has been approved as a frontier checkpoint for animal food imported from or exported to non-EU member states.

Management of the checkpoint is undertaken in accordance with Executive Order No. 1043 of September 4, 2015, issued by the Danish Food Directorate. A charge shall be payable to Port of Aarhus for use of the control facilities. The charge is DKK 500 per container, trailer and cartload or DKK 250 for small units.

Liability for damage to and the loss of goods or other equipment of any kind occurring at the checkpoint and any right of recourse shall be determined in accordance with the provisions contained in Section 9.5, Liability.

13. SNOW CLEARING

During the winter period, October 1 – March 31, Port of Aarhus shall to the extent necessary spread ice-control salt on or otherwise clear the roads within the port area according to the following order of priority:

1. Access and exit roads to/from the port. 2. Areas along quays where work is in progress/expected to be commenced soon. 3. Connecting roads to/from quays. 4. Other areas to the necessary extent.

Under normal circumstances the spreading of ice-control salt will commence at 3 a.m.

14. WORKING ENVIRONMENT DUTY

According to Executive Order No. 181 of May 18, 1965 issued by the Danish Ministry of Employment on the loading and unloading of ships regulations, the owner of the port shall safeguard the working environment of the temporarily employed dock workers by way of welfare facilities, such as changing rooms, shower and lunch facilities. To cover the expenses incidental to these facilities, a working environment duty is charged by Port of Aarhus.

The working environment duty constitutes:

DKK 5.00 per container and self-propelled unit crossing the quay. DKK 0.50 per ton of dry bulk goods and mixed cargo crossing the quay.

The working environment duty is collected by Port of Aarhus from the ship’s local broker, who shall be responsible for the payment.

15. LIMITATION OF LIABILITY

Damages shall be fixed according to the value of goods or other equipment of the same kind at the time when the damage is ascertained. The value of the goods shall be fixed according to the market value or – failing that – according to the usual value of goods or other equipment of the same kind and quality.

However, damages shall not exceed SDR 666.67 per item of the goods or other equipment, or SDR 2 per kilogram of gross weight of the goods or other equipment damaged, depending on what is the highest amount.

16 As regards containers or other similar units of transport with contents, maximum damages shall not exceed SDR 25,000.

No compensation shall be paid for loss on operations, loss of profit, waiting for trucks or dock workers etc., loss of market share, other indirect losses or consequential losses.

17 Vandvejen 7, DK-8000 Aarhus C Tel. +45 86 13 32 66, [email protected], www.aarhushavn.dk