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Poseidon Schiffahrt GmbH (ID: 237)
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About Us The roots of Poseidon Schiffahrt go back to 17.04.1899 when the predecessor of the company was founded in Konigsberg (now Kaliningrad) to import coal, but it did not become active as shipping company until the 1920ies when Poseidon Schiffahrt became part of an industrial group which is known today as Stinnes AG, the major logistics group in Germany. In the early days of its existence, Poseidon Schiffahrt s actvities were the transportation of coal - lateron also of lumber and ores - within the North Sea and Baltic. Having relocated to Hamburg after World War II, a liner service between Germany and the Great Lakes/Eastern Canada was established and maintained until the 1970ies. Once shipowning was discontinued, and since the 1980ies, Poseidon Schiffahrt has concentrated on providing expert commercial management to third party investors like shipowners, bareboat charterers and time charterers of OBO (ore-bulk-oil) carriers, tankers, bulkcarriers, and coasters (sea-river ships). The company s profound knowledge in these specialised areas of shipping has found international recognition. Customers from Norway, Sweden, Denmark, Russia, Ukraine, Georgia, Liberia and, of course, Germany, have entrusted Poseidon Schiffahrt with the commercial management of their tonnage. For details of tonnage presently managed by the company, see under "OBO", "Tanker" etc. - as appropriate. Having always been dedicated to providing the highest possible quality of service to customers, Poseidon has been EN ISO 9002 certified since 1996. Terms & Conditions We are working exclusively on the basis of German law and our General Business Conditions which you find hereunder: 1 Scope of application These General Business Conditions shall apply in respect of all future business relations, irrespective of whether the Manager1 is or has been commissioned as such on a permanent basis or only occasionally. 2 Nature of activities The Manager will at all times act on behalf and for account of another party and undertakes to perform this activity with the care of a prudent businessman and duly exercise such care in selecting the persons to assist him in fulfilling his obligations. The Manager shall be authorised and empowered to take all measures he deems necessary in the execution of an order; in particular, he shall be entitled to conclude agreements with third parties subject to the usual terms and conditions. He shall be also within the scope of his performance entitled to make available to any business related parties all data and details about his principal, he might deem necessary, by using any kind of communication tools, whether internet-based or not. Should the Manager be ordered by his principal to execute pre carriage or on carriage work on ocean transport assignments or any related ancillary activities, irrespective of whether such ancillary activities are based on freight agreements on the part of the principal as stipulated in Bills of Lading, Combined Bills of Lading or Charter Parties, the Manager acts on behalf and for account of his principal at all times. If the Manager conducts the activities of a forwarding agent, his liability as such shall be subject to the German Business Conditions for German Forwarding Agents (AdSp). The Manager must be notified if the goods constituting the subject-matter of the agreement require special treatment and care in terms of loading, storage, receipt, delivery and transportation or may be subject to certain approval and/or notification requirements. This applies in particular to dangerous goods in accordance with the IMDG Code. The Manager shall not be bound on behalf of his principal to issue guarantees to third parties, provide collateral security or render any payment for which he has no cover or for which he deems the collateral security available to him to be inadequate. 3 Liability The Manager shall be liable to his principal only for damages to life, body and health resulting from its own or that of its employees? agents? or sub-contractors? negligence. Apart from that the Manager shall be liable to his principal for damage or loss only if caused through gross negligence or wrongful intent. This also applies to persons who assist him. The risk of incomplete, faulty and/or delayed transmission of messages, particularly when employing the postal services, radio, telephone, telex, facsimile or data transmission or telegraphic communications, shall be borne by the principal. The Manager shall not be liable for any losses occasioned by exchange rate fluctuations. Subject to the provisions of 3 clause 1 the Manager shall not be liable for any loss or damage or infringement the principal may suffer, also from any third party, resulting from any abuse, misuse or other use of the data or details about the principal communicated by the Manager in the due course of business. The Manager shall not be liable for any conventional penalties or fines and the like that may be imposed on the principal. In the event that the Manager is held liable, the extent of such liability shall be limited to the sum of Euro 25,000.00 for each particular case of loss or damage. This limited liability shall not apply if the damage is attributable to malicious intent or gross negligence on the part of the Manager or the latter's managerial staff or if the damage is the typical result of an intentional or grossly negligent infringement of a primary contractual obligation by the Manager's authorised employees. The onus of proof in this respect shall rest on the principal. 4 Remuneration/Accounts receivable In return for his activities, the Manager shall be remunerated to an extent freely negotiable unless such remuneration is subject to a scale established by collective bargaining or to statutory regulations. Such remuneration shall be payable immediately after invoicing. The Manager shall be entitled to a commission of at least 2.5 % for all guarantees he may be required to assume and/or out-of-pocket expenses he may incur, regardless of the claim for reimbursement he may already have in respect of all expenses such as interest, bank charges and the like. Foreign-currency-denominated claims by the Manager or invoices issued by him in foreign currency shall entitle him, at his own discretion, either to require payment in that particular foreign currency or in Euro at the current exchange rate - again, at the Manager's discretion - either on the invoice date or on the date of payment. The Manager shall be entitled to pay any freight invoices denominated in foreign currency or any other claims or receivables he may collect on behalf of his principal in Euro at the rate prevailing on the date of such payment. Any of the Manager's claims outstanding not paid by the principal within 30 days of the invoice date shall bear 1% interest on arrears per month as of the invoice date. The Manager shall be entitled to apply the funds collected by him on his principal s behalf (in particular, freight collections) in satisfaction of any claims he may have on the principal. The Manager may require payment in advance. Any expenses arising in connection with, or as a result of, any transfers by, to or on behalf of the principal shall be assumed by the principal. 5 Set-off, retention and lien The Manager shall be entitled to satisfy his claims by set-off at any time such claims become due and payable; furthermore, he shall have a right of retention. The Manager is hereby granted a contractually agreed right of lien to all assets of his principal in the Manager s possession, or which he may acquire possession of, in respect of all claims he may have on the principal, irrespective of the reason for such claims or the time at which they arose. The Manager shall be entitled to realise any of the principal s assets in his possession at his own discretion, either by free sale or public auction if, after a period of 30 days has elapsed from the time the Manager sent the principal a final notice by registered mail providing for a final term for payment of 20 days, the principal fails either to render payment or provide collateral security of a nature or extent considered adequate by the Manager. 6 Prescription under Statute of limitations All claims on the Manager, regardless of the legal basis of such claims, shall lapse unless filed and made pending in court within six months. The period of prescription shall begin to run once the claim arises, and if the claim is based on a case of loss or damage, at the time at which the person entitled is actually notified of such loss or damage or could reasonably be expected th have obtained knowledge thereof. 7 Jurisdiction Any disputes with the Manager shall be subject to the exclusive jurisdiction of the competent court of his registered place of business as evidenced by registration in the Commercial Register. The Manager s overall performance, even if wholly or partly rendered abroad, shall be subject exclusively to the laws of the Federal Republic of Germany. 8 Concluding provision (severability) Any invalidity of individual clauses of the terms and conditions specified above shall not lead to the remaining terms and conditions being invalidated. 1 Poseidon Schiffahrt GmbH The company s profound knowledge in these specialised areas of shipping has found international recognition. Poseidon Schiffahrt GmbH