General rules of usage of items belonging to Pack and Sea A/S
Applicable from 1 July 2017
Any use of items belonging to Pack and Sea A/S will take place on the following terms:
- Items belonging to Pack and Sea A/S can be identified by their Pack and Sea A/S label (pallets are labelled DSP A/S).
- Crates are fitted with a label, equipped with RFID tag, a bar code and a visual number, used for registration.
- Scanning and registration of the crates is managed in Pack and Sea A/S context only and/or following Pack and Sea A/S instructions.
- Pack and Sea A/S does not guarantee the crates’ applicability for the user's purposes.
- Claims against Pack and Sea A/S, which arises from the use of the boxes or from the agreement on the use of the boxes, can never exceed the paid user fee.
- Pack and Sea A/S is under no circumstances responsible for any indirect loss to users or third parties, hereunder loss of profit, caused by using the crates or an agreement on the use of the crates.
- Use of the crates is conditional on Pack and Sea’s or Pack and Sea’s cooperation partners’ approval of the user. If the conditions for approval are subsequently modified, Pack and Sea A/S can set new terms and preconditions, including the termination of the rights of use.
- Any use of the crates is also considered as an acceptance that the user in question - as from the time of bringing the items into use - warrants as surety to Pack and Sea A/S for the payment of user fees and return of crates.
- Pack and Sea A/S retains the ownership of the crates at any time. Payment of rent or payment of compensation for crates that are lost or not returned does not cause a take-over of the ownership.
- The crates may not be re-rented.
- The boxes cannot be subject to a lien.
- The crates may only be used in connection with trade and distribution of fish and shellfish.
- The user pays an agreed user fee per crate according to the current valid price and usage regulations.
- User may use a crate for further distribution of the purchased content in accordance with the current valid price and usage regulations. At further distribution, the user continues to be financially liable to Pack and Sea A/S, unless the crate has been scanned to next user.
- In connection with purchases at the fish auctions affected, the user accepts that the auctioneer or a representative from Pack and Sea A/S charges the user for the related user fee.
- When buying fish and shellfish that are delivered in crates directly from fishing vessels the user accepts that the related fee is collected directly from the user.
- Costs for return and transport of crates to Pack and Sea A/S shall always be borne by the user.
Any transport to DK shall also be borne by the user.
- From scanning of the crates to user and until the return to Pack and Sea A/S or to the scanning to a new user the user holds the risk for the accidental loss, theft, damage or deterioration of the crates.
- Any dispute between the Pack and Sea A/S and the user arising from or relating to the use of the crates shall be settled according to Danish law and by the ordinary courts, as the Court in Holstebro is the venue.