Jens Christian Nielsen
Telephone: +49 (40) 3000 – 451
Mobile: +49 (172) 427 27 77
Dr. Martin Roettig
Telephone: +49 (40) 3000 – 496
Mobile: +49 (172) 262 71 50
Telephone: +49 (40) 3000 – 310
Mobile: +49 (172) 293 37 61
Telephone: +49 (40) 3000 – 242
Mobile: +49 (172) 262 44 53
Sydney Louise Werner
Telephone: +49 (40) 3000 – 244
Telephone: +49 (40) 3000 – 348
The shipping line Poseidon, founded in 1889 in Königsberg (now known as Kaliningrad), was the largest German shipping company in the Baltic in the 1920s. It transported mainly Westphalian coal to this region. After 1945, Poseidon moved its headquarters to Hamburg and operated a liner service between Germany and the Great Lakes in Canada up to the beginning of the 1970s. Since then, the company has specialised in commercial management of ships. Poseidon thus has 40 years of experience managing other firms’ vessels, particularly tankers, bulkcarriers and OBO carriers, as well as coasters in the short sea segment.
Since 2002, Poseidon has been active as exclusive Commercial Manager for the tankers of the “Wappen” series, which with their double hull and twin engines are regarded as exceptionally safe special tankers. These ships are deployed for transporting primarily chemicals and oil products. Poseidon is also responsible for the chartering of the vessels.
We offer quality
Reliability in our achievements, transparency in our procedures – we have always remained true to these basic principles. We thus introduced quality management systems many years ago. We received ISO 9002 (1994) certification for the first time in 1996.
Since 2002, Poseidon has had the certification to the new standard ISO 9001:2000, recently updated to ISO 9001:2008. This is proof of confidence in the quality of our services for our clients.
Terms & Conditions
General Terms and Conditions of Poseidon Schiffahrt GmbH
Poseidon Schiffahrt GmbH (hereinafter called “the Ship Broker”) is working exclusively on the basis of German law and the General Terms and Conditions of the German Ship Broker Association (Zentralverband Deutscher Schiffsmakler e. V.) which you find hereunder:
Art. 1 Scope
The present General Terms and Conditions are applicable for all future business relations, regardless of whether the Ship Broker is constantly engaged in such business (Art. 84 HGB1) or is occasionally engaged in it, or has been engaged in it.
Art. 2 Activity characteristics
1. The Ship Broker acts in all cases on behalf of and for the account of another (hereinafter called “Client”) and undertakes to exercise his activity with the diligence of a prudent businessman, and to select with care the persons acting for him in fulfilment of his obligations. The same shall also apply where he receives an order from his Client for conduct of upstream or downstream activities for marine transport (hereinafter called “Additional Business”) or for auxiliary activities related to marine transport or to Additional Business.
2. The Ship Broker is entitled and empowered to take all measures which appear to him to be necessary for execution of an order, in particular to sign contracts with third parties with usual conditions, on behalf of and for the account of the Client.
3. The Ship Broker is exempted from the restrictions of Art. 181 Civil Code (BGB2).
4. All offers made by the Ship Broker shall be without obligation until placement of order, unless explicitly agreed otherwise in writing.
5. If the Ship Broker conducts forwarding agent activities, his liability in this respect shall be governed by the German Freight Forwarders’ Standard Terms and Conditions (ADSp).
6. Notification to the Ship Broker is required if the order includes goods which are subject to special treatment or to a requirement for permit or reporting for loading, storage, reception, transfer or transportation. This applies in particular for dangerous goods under the IMDG Code.
7. The Ship Broker is not required to give financial guarantees for his Client vis-à-vis third parties, or to provide securities, or to make any payment for which he does not have cover, or for which he has not received collateral to an extent which he considers sufficient.
8. The Ship Broker is required to treat as confidential only such information and data of the Client as are explicitly identified by the Client to him as confidential.
Art. 3 Liability
1. Claims for damages or reimbursement of expenditures (hereinafter referred to in summary form as “Claims for Damages”) by the Client vis-à-vis the Ship Broker, his official bodies, his employees or other persons employed by him to fulfil obligations, are excluded, unless based on acts committed by the Ship Broker, his official bodies, employees or other persons employed to fulfil obligations that constitute
a. intentional or grossly negligent violation of obligations;
b. culpable violation of obligations resulting in injury or death, or damage to health to the Client;
c. non-fulfilment of a warranted characteristic; or
d. culpable violation of principal contractual duties.
2. Where none of the liability cases indicated in the above clause 1 sub-clause a., b. or c. are present, the liability of the Ship Broker, his official bodies, his employee or other persons employed to fulfil his obligations, is limited to such damage as is foreseeable and may typically occur in such contracts. The liability for such foreseeable damage as may typically occur in such contracts is limited to a maximum of EUR 50,000.00 per case of damage.
3. The above regulations are not linked with reversal of the burden of proof to the disadvantage of the Client.
4. The risk of incomplete, incorrect and/or delayed communication of information between Client and Ship Broker, in particular by the use of postal or electronic means of communication, shall be borne by the Client, subject to the liability cases set out in clause 1 of this Article.
Art. 4 Remuneration/Claims
1. The Ship Broker shall receive as remuneration for his activity an amount which is subject to free negotiation, where there is no tariff or statutory requirement. Payment of the remuneration falls due on receipt of the invoice.
2. For any financial guarantees and/or disbursements provided by the Ship Broker, the Ship Broker is entitled to receive payment of a commission of at least 2.5% related to the nominal value of the respective services, in addition to the reimbursement claim for all expenditures, such as interest, bank charges, etc. which are related to such services.
3. Any claims by the Ship Broker in foreign currency or invoices drawn up by him in foreign currency, entitle the Ship Broker at his option either to require payments in the respective foreign currency, or in Euros at the daily exchange rate – again at his option – either as valid on the invoice date or as valid on the date of payment.
4. The Ship Broker has the right to pay out freight or other charges collected by him for his Client in foreign currency to his Client in Euro, at the rate of the date of payment.
5. Any outstanding payment claims of the Ship Broker which are not settled by the Client within 30 days from the invoice date shall be subject to interest for delay, amounting to 8 percentage points p.a. above the base rate applicable at the time of such delay, from the date of the invoice.
6. The Ship Broker may demand reasonable advance payments.
7. All costs incurred in connection with or as a result of transfer by, to or for the Client, shall be borne by the Client.
Art. 5 Offset, Retention right, Lien
1. The Ship Broker is entitled to obtain satisfaction of his claims at any time from the due date of his claims, by offset with counterclaims of the Client. The Ship Broker is in particular entitled to satisfy his claims from amounts collected by him for the Client (e.g. freight charges) for all claims he has against the Client and any companies in which the Client has a direct or indirect majority holding. The Ship Broker also has the right of retention.
2. On conclusion of the respective contract of which these conditions are a part, the Ship Broker shall have a contractually agreed right of lien with respect to all assets of his Client which are in the possession of the Ship Broker or come into his possession, regardless of the reason for which and time at which such claims arose.
3. The Ship Broker shall be entitled to realise, at his own option either by private sale or by auction sale, all assets of the Client which are in his possession, if the Client has not, within 30 days at the latest following reminder by registered letter setting a final date for payment within 20 days, either made payment in full or granted the Ship Broker other securities which appear to the Ship Broker to be sufficient.
Art. 6 Limitation of time
All claims against the Ship Broker, his official bodies, his employees or other
persons employed for fulfilment of his obligations, for any legal cause
whatsoever, shall be limited by the statute of limitations within one year,
counting from the statutory beginning of the period of limitation, provided that
none of the liability cases as set out in Art. 3 clause 1 of the present General Terms and Conditions are applicable.
Art. 7 Place of jurisdiction, Law applicable
1. Any disputes with the Ship Broker on the basis of a contract of which these General Terms and Conditions are a part, shall be decided exclusively by the ordinary court of law responsible for the location of his registered office as entered in the Commercial Register.
2. The activity of the Ship Broker is exclusively governed by German law, even if it is wholly or partly executed abroad.
Art. 8 Final provisions
1. Any amendments or additions to these General Terms and Conditions and/or the contract of which these General Terms and Conditions are a part, are valid only if agreed in written form. The same applies also for cancellation or amendment of the requirement for written form itself.
2. In the event that a provision of these General Terms and Conditions and/or the respective contract of which these General Terms and Conditions are a part is or becomes invalid, such invalid provision shall be replaced by a provision that fully or as far as possible complies with what the parties wanted, in legally valid form.
Hamburg, June 2009
Copyright and sole distribution right:
German Ship Broker Association
(Zentralverband Deutscher Schiffsmakler e. V.)
Schopenstehl 15, 20095 Hamburg, Germany
Tel. +49 40/32 60 82 Fax +49 40/33 19 95
1 German Commercial Code
2 German Civil Code
Poseidon Schiffahrt GmbH
Telefon: +49 (40) 3000 – 0
Fax: +49 (40) 3000 – 303
Place of Jurisdiction
Jens Christian Nielsen
Dr. Martin Roettig
Registration in the Register Court of
Head Office Hamburg
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