Terms & Conditions

1. SUBJECT OF THE AGREEMENT

1.1. The Customs Broker undertakes the responsibility represented by and on behalf of the Client to carry out certain customs procedures and operations throughout the territory of the Republic of Latvia –import, export, transit and preparation of documents and customs clearance of cargos for sending cars by air, rail and sea transport to different countries.

1.2. The agreement regulates operations with goods, vehicles, equipment for which the Client has appropriate powers.

1.3. At the request of the Client, the Customs Broker carries out management of the veterinary, phytosanitary and other types of the State control, management of certification of the goods to be declared and means of transport by other public authorities with regard to the goods and means of transport to be declared by the Customs Broker.

2. RIGHTS AND OBLIGATIONS OF THE CUSTOMS BROKER

2.1. OBLIGATIONS OF THE CUSTOMS BROKER:

2.1.1. Carry out the following operations for customs clearance of goods, vehicles, equipment:
a) declaring the goods, vehicles, equipment;
b) carrying out other actions necessary for the customs control as a person with authority to declared goods, vehicles and equipment;
c) providing the customs body with documents and additional data needed for the customs purposes;
d) presenting to the customs body the declared goods, vehicles and equipment.

2.1.2. Make the customs clearance in accordance with the request of the Client and agreed with the Client based on the requirements of the Customs bodies.

2.1.3. Conscientiously handle documents of the Client, avoiding their damage or loss.

2.1.4. Notify the Client about the need to provide additional information or about the arisen unanticipated situations in the course of the customs clearance and in the course of events.

2.1.5. No later than 5 days after the end of the provision of services to provide the Client (through the facsimile and/or postal connection) with an invoice for the services rendered.

2.2. THE CUSTOMS BROKER HAS THE RIGHT:

2.2.1. Require from the Client to provide a full set of the shipping documents in accordance with Clause 3.1. of the Agreement.

2.2.2. Transfer the Client goods, vehicles, equipment, placed under one of the customs regimes with a full set of properly processed accompanying documents.

2.2.3. At the expense of the Client, provide transportation, weighing or other determination of the quantity of goods, loading, unloading, handling, repair of the damaged packaging, packaging or repackaging of goods, vehicles, equipment, opening spaces and containers where there might be goods, vehicles, equipment and provide other cargo and other operations necessary for the customs clearance.

2.2.4. At the request and at the expense of the Client, the Customs Broker has the right to manage the storage of goods and vehicles of the Client in the warehouse of the temporary storage (WTS). In this case, the Customs Broker undertakes to acquaint the Client with the storage conditions, handling and processing of documents under the Agreement concluded by the Customs Broker with a specific WTS but the Client-agree on these conditions.

2.2.5. The Customs Broker has the right to refuse the Client management of the storage of goods and vehicles of the Client in the WTS, in case the Client disagrees with the conditions of the storage, cargo handling and processing of the documentation under the Agreement signed by the Customs Broker with the specific WTS.

If the Client refuses to coordinate the conditions proposed by the Customs Broker on managing the storage of goods and vehicles, the Client independently concludes an agreement with the WTS and provides managing of the storage of goods and vehicles and performs other related to the storage of goods formalities.

3. RIGHTS AND OBLIGATIONS OF THE CLIENT

3.1.  OBLIGATIONS OF THE CLIENT:

3.1.1. Provide information to the Customs Broker on the necessary forthcoming customs operations with the cargo no later than 5 (five) working days prior to the arrival of the goods in Riga.

3.1.2. Ensure accuracy of the documents and information passed to the Customs Broker which is necessary for the customs clearance and processing of the given documents in accordance with the requirements of the customs legislation of the Republic of Latvia and the compliance of the goods, vehicles with the accompanying documents and information made available to the Customs Broker with respect to the given goods.

3.1.3. At the same time, provide the Customs Broker with goods, vehicles, equipment and transport, shipping and other business documents to them:
- documents confirming the powers of the Client and his representatives in respect of the cleared goods, vehicles equipment;
-invoice, containing a detailed description of the goods and an indication of the cost of each and the conditions of the delivery;
- the agreement, specification;
- the goods-transportation and goods- accompanying documents;
-documents confirming the origin and quality of the goods;
-payment documents confirming the payment of the transaction (in the case of the delivery of goods under the conditions of a full or partial advance payment);
-other documents-on-demand of the Customs Broker if this is due to the requirements of the Customs bodies.

3.1.4. Timely pay all the necessary customs payments and taxes in respect of the goods, vehicles, equipment under the clearance.

3.1.5. Ensure reliability and strict conformity of information contained in the documents presented to the actual data of the goods conveyed across the customs border, their actual characteristics.

3.1.6. On the demand of the Customs Broker, perform transportation, weighing or other determination of the quantity of goods, loading, unloading, handling, repair of the damaged packaging, opening the packaging, packaging or repackaging of the goods, vehicles, equipment subject to the customs clearance and opening of spaces, containers and other places where there might be these goods, vehicles, equipment or compensate for the loss incurred to the Customs Broker in connection with implementation of the above operations on the basis of documentation of the loss confirmed by the Customs Broker.

3.1.7. On the demand of the Customs Broker, manage the veterinary, phytosanitary and other types of the State control carried out by the public authorities with regard to the goods to be declared, vehicles, equipment or compensate for the loss incurred to the Customs Broker in connection with the management of the aforementioned control on the basis of documentation of the loss confirmed by the Customs Broker.

3.1.8. Comply with the requirements of the chosen customs regime from the moment of placing the goods, vehicles, equipment under this regime.

3.1.9. Pay on time, in accordance with the conditions of this Agreement for services of the Customs Broker and reimburse the incurred losses.

3.1.10. In the case of managing storage of the goods and means of transport of the Client by the Customs Broker in a warehouse of a temporary storage (WTS) in accordance with Clause 2.2.4. of this Agreement, the Client is obliged to notify the Customs Broker in writing of the special conditions of storage, loading, unloading and handling of the goods to be stored in the WTS.

3.2. THE C LIENT HAS THE RIGHT:

3.2.1. Be present at the customs clearance of the goods, vehicles, equipment.

3.2.2. Require a documentary proof of the costs of the Customs Broker submitted to recover.

3.2.3. Receive information from the Customs Broker on the customs clearance of the goods, vehicles, equipment.

4. THE COST OF SERVICES AND PROCEDURE OF PAYMENT

4.1. The cost of services under the Agreement is calculated according to the price list, approved by the Customs Broker and agreed by both parties by concluding an additional agreement.

4.2. The basis for calculations is the invoices for the rendered services under the Agreement with the list of the rendered services, cost of services, and the amount of reimbursement to be paid. On the basis of the peculiarities of the customs clearance, the Customs Broker has the right to demand from the Client an advance payment for the services of the Customs Broker in the procedure provided in Clause 4.5. of this Agreement.

4.3. The possibility and conditions of payment of the customs duties by the Customs Broker or the use of a surety of the Customs Broker before the customs bodies are stipulated by the Parties separately.

4.4. Money settlements between the Parties are made in the following procedure:

 -the Client pays the Customs Broker cost of the services and the refunds of expenditures according to the invoices for the rendered services during 3 (three) business days of the receipt of invoices. In the case of Client invoices mailed by registered mail, the invoices are deemed to be received by the Client after 6 (six) days from the date of sending them by the Customs Broker.

4.5. Payment for services of the Customs Broke is made by the Client transferring money to the bank account of the Customs Broker. The bank name, bank account number are specified by the Customs Broker in invoices for the services rendered (the cost recovery) charged by the Customs Broker. There are also other forms of money settlement by a mutual agreement of the Parties.

4.6. In the case of a unilateral termination of the Agreement according to Clause 7.2., the amount prepaid by the Client for the services is returned to the Client within 3 business days from the date of termination of the Agreement, charging the actual costs incurred to the Customs Broker.

5. RESPONSIBILITY OF THE PARTIES AND PROCEDURE FOR RESOLVING OF DISPUTES

5.1. The Customs Broker and the Client are responsible for an improper performance or non-performance of their obligations assumed under this Agreement, in accordance with legislation of the Republic of Latvia.

5.2. The Customs Broker is not responsible for an improper performance of his obligations if a proper performance was impossible due to unanticipated decisions, actions or inactions of the customs bodies.

5.3. The Customs Broker is not responsible for the damages caused to the Client in case of revealing in the process of the customs clearance, a customs violation that has occurred through the fault of the Client.

5.4. The Customs Broker is not responsible for non-compliance with the rules of labeling of goods with excise stamps, currency transactions related to handling of goods, vehicles, equipment, fulfilling conditions of the overseas trade barter transactions.

5.5. The Client is responsible to compensate the Customs Broker all the damages caused to the latter due to the fault of the Client, including the loss associated with recovering from the Customs Broker by the public authorities surcharges, fines, customs duties provided by the present legislation within one month from the moment of notifying the Client by the Customs Broker. In case of violation of this period, the Client is obliged to pay the Customs Broker a fine in the amount of 0.1 % of the amount of damages for each day of delay.

5.6. For violation of the terms of payment for the services provided by the Customs Broker, the Client pays a fine in the amount of 0.1 % of the cost of the rendered services for each day of delay.

5.7. The Customs Broker who has made one legally significant action on the customs clearance of goods, vehicles, equipment bears a full legal responsibility before the customs bodies as if he had been instructed by the Client to perform operations on the customs clearance.

5.8. All the disputes arising out of the execution of this Agreement, the Parties undertake to resolve through negotiations, claims or, if no agreement has been reached, by court of the Republic of Latvia.

5.9. The Client confirms that when handling the goods across the customs border of goods, the services on the customs operations which render the Customs Broker, the rights of the intellectual property of any third party are not violated. Upon presentation to the Customs Broker claims by the third parties, the Client releases the Customs Broker of all the claims.

6. FORCE MAJEURE CIRCUMSTANCES

6.1. The Parties are not responsible for a partial of full non-compliance with the conditions under the present Agreement if it was the result of the force majeure circumstances arisen after conclusion of this Agreement as a result of the exceptional nature of events confirmed by competent sources (authorities), including, but not limited to, wars, military operations of any nature, blockades, strikes, earthquakes, floods, fires and other natural disasters as well as a ban by competent authorities to the actions of the Parties or significant changes in legislation affecting the conditions or the procedure of performance of the Agreement.

6.2. The Party, which failed to perform obligations under the Agreement for the reasons given above, informs the other Party without delay within 2 (two) days from the date of the onset of such circumstances. As a proof of the facts set forth in the notice there must serve the documents issued by competent authorities or the Chamber of Commerce located at the place of the Party under the Agreement which fails to perform obligations under the Agreement. There is allowed to send a notice by facsimile with a return notification that the message is received.

7. TERM OF THE AGREEMENT

7.1. This Agreement is effective from the moment of its signing and is valid until

31  december 2018.

7.2. If within 10 (ten) days prior to the expiration of the period referred to in Clause 7.1 of the Agreement, no Party has received a notification of termination of the Agreement, the Agreement is deemed to be extended with the same conditions for the coming year.

7.3. The Customs Broker has the right to refuse the execution of this agreement:

 a) If the Customs Broker has sufficient grounds for believing that the actions or inactions of the Client are illegal and punishable by criminal responsibility or responsibility under the Customs laws of the Republic of Latvia;
b) If the Client has repeatedly violated the conditions of the Agreement.

7.4. In the event of taking a decision specified in Clause 7.3 of this Agreement, the Customs Broker sends the Customer a written notice stating the reasons and the date of termination of the Agreement for 15 (fifteen) days prior to the date of termination.

8. MISCELLANEOUS

8.1. This Agreement is drawn up in two copies, one for each party.

8.2. Any changes to this Agreement must be made in writing and they are void unless they are duly signed by the authorized representatives of the Parties.

8.3. In cases not covered by this Agreement, the Parties are guided by the present legislation of the Republic of Latvia.

8.4. The Parties undertake to inform each other about the change of the legal address, other contact details set out in the Agreement.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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