General Terms and Conditions

1. Use and definitions:
1.1 These terms and conditions shall apply to all agreements between Nuuk Transport A/S, CVR no. 12536054 (hereinafter referred to as “Nuuk Transport”) and Nuuk Transport’s customers (hereinafter referred to as the “Customer”), unless otherwise separately agreed.

2. General terms and conditions
2.1 Notices may be given to the address stated and the e-mail address used by the Customer.
2.2 Equipment made available to the Customer is Nuuk Transport’s property and may only be used for the agreed purpose.

3. Payment and invoicing
3.1 External expenses that may be attributed directly to the ser-vice provided to the Customer, including without limitation purchase of electricity, water and tools, are reinvoiced with addition of 10 %.
3.2 Nuuk Transport’s hourly rates and prices are adjusted every 1 January.
3.3 Nuuk Transport will invoice the Customer for the number of hours spent, including time spent on transport. Invoicing is made for every half hour or fraction thereof, but minimum one hour.

4. Road delivery activities (Transport)
4.1 Nuuk Transport provides transport services and leasing of vehicles and equipment as agreed with the Customer. The Customer shall ensure that Nuuk Transport receives all relevant information to be able to transport the Customer’s goods correctly.
4.2 Payment shall be made at Nuuk Transport’s current hourly rates in the price sheet. Machinery and equipment are leased inclusive of driver.
4.3 If Nuuk Transport cannot perform the agreed transport assignment due to matters that are owing to the Customer, the Customer will be invoiced for the number of hours spent according to clause 3.3. The Customer will not be invoiced if the matters are owing to Nuuk Transport.

5. Storage/storage hotel
5.1 Leasing of indoor and outdoor areas for storage of the Customer’s property or leasing of renovation units will take place at Nuuk Transport’s prices in the price sheet.
5.2 Agreements on storage and leasing of containers may be terminated in writing to expire at the end of a month with one week’s notice.
5.3 Nuuk Transport will ensure safety and tidy conditions at Nuuk Transport’s storage areas.
5.4 Storage must take place at the locations indicated by Nuuk Transport. Nuuk Transport may remove/rearrange the locations within Nuuk Transport’s areas for reasons of safety or operations.
5.5 Nuuk Transport will not control goods on receipt thereof and will only carry out control by separate agreement and only against payment of the work in this connection.
5.6 Storage takes place at the Customer’s risk in every respect. Nuuk Transport is not responsible for any damage caused by a third party.
5.7 The Customer is responsible for and shall ensure correct storage, including correct climate and temperature adjustment, and is responsible for current control thereof. Nuuk Transport is not responsible in case of power failures.

6. Access and identification in connection with storage
6.1 Nuuk Transport’s storage areas are a private area and reserved for Nuuk Transport and the Customer. Unauthorised access is subject to a control charge according to the signs.
6.2 Only the Customer and employees or the persons authorised by the Customer who assist the Customer for private purposes and are accompanied by the Customer have access to Nuuk Transport’s areas, unless otherwise separately agreed.
6.3 Any person staying at Nuuk Transport’s areas must be able to present identification at request. Nuuk Transport reserves the right to refuse admission to Nuuk Transport’s areas to persons who are not able to present proper identification.
6.4 The Customer is liable in damages for damage caused by actions made by the persons mentioned in clause 6.2 and unauthorised persons having access to Nuuk Transport’s areas at the request of the Customer.
6.5 The Customer is liable for control charges for unauthorised persons having access at the request of the Customer.
6.6 Business activities other than storage within Nuuk Transport’s areas are prohibited without a prior written agreement.
6.7 Road delivery activities may only be performed by Nuuk Transport.

7. Hazardous goods and food in connection with storage and transport
7.1 Hazardous goods and food may not be stored or transported without special permission from Nuuk Transport.
7.2 The Customer is responsible for Nuuk Transport receiving all relevant information and documents necessary for transporting and storing hazardous goods and food according to cur-rent government requirements.

8. Security in case of non-payment
8.1 The goods handed over by the Customer to Nuuk Transport for the purpose of storage are considered pledged as security for receivables against the Customer according to agreements entered into with Nuuk Transport.
8.2 If the Customer’s payment to Nuuk Transport is delayed by more than 14 days after a demand has been sent to the Customer by e-mail or registered letter, Nuuk Transport is entitled without further notice by a public auction or by other appropriate means to sell the stored goods wholly or partly to cover the Customer’s non-payment with addition of all costs in connection with the sale. Any residual proceeds will accrue to the Customer. If the proceeds do not cover Nuuk Transport’s receivable, the Customer is liable for the balance.
8.3 If the goods stored are estimated to be of no value, Nuuk Transport is entitled to have the goods destroyed. Prior to destruction, Nuuk Transport shall send notice of the planned destruction to the Customer with a time limit for payment of 14 days. The notice to the Customer will be sent by e-mail or registered letter.

9. Unloading
9.1 Prices for unloading are invoiced at Nuuk Transport’s prices in the price sheet.
9.2 Goods are unloaded from ship to quayside. The work is performed by trucks at the quay, and freight is invoiced separately.
9.3 In connection with unloading, Nuuk Transport’s own toilet and canteen facilities are used. The Customer is responsible for ensuring the working-environmental safety of the fitting out and traffic at the workplace and from quay to ship and for goods being subject to proper and safe handling, see clause 11, and for the work being performed in a healthy and safe manner.

10. Liability and insurance
10.1 Nuuk Transport is not responsible for damage to the Custom-er’s goods and losses due to force majeure and damage to the Customer’s goods due to fire, theft, rodents, water damage, vandalism and any other matters beyond Nuuk Transport's control. Nuuk Transport is furthermore not responsible for any damage to the Customer’s goods caused by the quality of the goods, including for example the goods failing to withstand the impact from normal transport. Nuuk Transport is also not responsible for loss or damage due to the Customer’s handling, packing, loading, stowing, unloading and unpacking.
10.2 Nuuk Transport’s liability in damages for damage to the Customer’s goods is restricted to direct damage due to errors and omissions on the part of Nuuk Transport.
10.3 Nuuk Transport is not liable in damages for any delays, indirect losses and consequential damage. A sentimental value and other special value, e.g. due to the character of the goods as a collector’s item etc., are not indemnified.
10.4 Nuuk Transport is not liable in damages in case of delays.
10.5 Nuuk Transport’s liability in damages when transporting the Customer’s goods is restricted to the value of the agreed service x 100.
10.6 Nuuk Transport’s liability in damages when storing the Customer’s goods is restricted to the amount invoiced for the storage of the goods for the current invoicing period at the time when the damage occurred and up to one year.
10.7 When unloading, Nuuk Transport is not liable in damages for damage to the Customer’s goods/property, regardless of the cause, and the Customer shall take out insurance, if required, covering damage to goods/property.
10.8 If the service or the Customer’s damaged goods/property are covered by insurance, Nuuk Transport’s liability in damages will lapse.

11. Safety regulations
11.1 Nuuk Transport shall ensure working-environmental regulations on the fitting out of the workplace on its own cadastral plot and in public areas, including quay areas.
11.2 The Customer shall comply with all regulatory directions, including the safety of the fitting out of the workplace and proper packaging of goods according to working-environmental safety regulations when work is performed on vessels that do not belong to Nuuk Transport.
11.3 The Customer is liable to Nuuk Transport for any claim that Nuuk Transport may be met with as a result of the Customer's failure to observe the working-environmental safety regulations, see clause 11.2.

12. Renovation
12.1 Renovation is invoiced according to Nuuk Transport’s current hourly rates in the price sheet.
12.2 Nuuk Transport ensures an effective emptying and emptying frequency of the renovation units as agreed with the Customer, and Nuuk Transport is responsible for clearing lost waste if the Customer has ensured correct wrapping, see clause 12.9.
12.3 The emptying frequency is fixed by the Customer at intervals fixed by Nuuk Transport, and Nuuk Transport schedules the emptying dates to optimise the route planning.
12.4 Nuuk Transport reserves the right to adjust the emptying based on weather conditions.
12.5 For the purpose of quality assurance, Nuuk Transport installs electronic chips in the renovation units.
12.6 If it is not possible to carry out an emptying, Nuuk Transport will take photos documenting this and the Customer will be informed and will be responsible for ordering an extra emptying.
12.7 The owner of the renovation unit is responsible for maintaining the unit. In case of damage to renovation units, Nuuk Transport will replace the units for the Customer's account.
12.8 Nuuk Transport reserves the right to clean renovation units for the Customer's account.
12.9 The Customer shall ensure that the waste is wrapped correctly and that the nature and quantity of the waste are suited for the ordered renovation form and unit. The Customer shall ensure that the waste in the unit meets current government requirements. Nuuk Transport may assist the Customer with guidance in this connection.
12.10 The Customer is responsible for access to the renovation unit, including clearing of snow and the condition of the surfacing. The Customer may contact Nuuk Transport for advice.
12.11 Nuuk Transport is responsible for damage caused to the renovation units by Nuuk Transport as part of the renovation handling.
12.12 The Customer is responsible for all other damage to the renovation units, including damage caused by a third party.
12.13 The Customer is responsible for the location of the renovation units, including storm-proofing, protection of other traffic and obtaining of regulatory approvals of land allotment.
12.14 The Customer is responsible for damage caused by renovation units to a third party, including damage caused by the Customer’s lack of storm-proofing.

13. Breach and damages
13.1 The Customer's breach of the obligations according to these general terms and conditions is considered a material breach.
13.2 In case of a material breach, Nuuk Transport is entitled to
 invoice the Customer for the time spent according to clause 3.3 as a result of the Customer’s breach; and
 terminate the agreement with immediate effect.
13.3 Nuuk Transport reserves the right to make claims for damages to the extent Nuuk Transport has suffered a loss in accordance with the general principles of the laws of Greenland.

14. Jurisdiction and governing law
14.1 Any dispute between Nuuk Transport and the Customer shall be settled at the venue of Nuuk Transport in accordance with the laws of Greenland.