web analytics

07.12.2016

The German Freight Forwarders’ Standard Terms and Conditions 2017


The German Freight Forwarders’ Standard Terms and Conditions 2017 (Allgemeine Deutsche Spediteurbedingungen 2017 – ADSp 2017) are recommended for use as of 1 January 2017 by the Federal Association of German Industry (BDI), the Federal Association of German Wholesale, Foreign Trade and Services (BGA), the Federal Association of Road Haulage, Logistics and Disposal (BGA), the Federal Association of Furniture Forwarders and Logistics (AMÖ), the Federal Association of Transport and Logistics in Industry and Trade (BWVL), the Association of the German Chambers of Industry and Commerce (DIHK), the Federal Association of German Freight Forwarders and Logistics Operators (DSLV) and the German Retail Federation (HDE). This advice is non-binding and the contract parties are free to make agreements that deviate from the contents of this recommendation 1. Definitions 1.4 Consignee Legal person to whom the goods shall be deliveredaccording to the Freight Forwarding Contract or validinstruction of the Principal or other persons authorised todispose of. 1.11 Damage Case/Damage Event Damage Case means, when, due to an external process, aclaimant raises a claim on the basis of a Freight ForwardingContract or in lieu of a freight forwarding claim;Damage Event means, when, due to an external process,several claimants raise claims on the basis of severalFreight Forwarding Contracts. 1.6 Dangerous Goods Dangerous Goods are goods that have the potential toendanger people, Vehicles or legal interests of third partiesduring the course of standard transportation, warehousingor other activities. In particular, hazardous goods aredefined as goods that fall in the scope of application ofstatutes and regulations relating to azardous goods,such as provisions covering dangerous materials, water orgarbage. 1.1 Delivery The term of Delivery includes also the delivery in thewarehouse business. 1.13 Freight Forwarder Legal person, which concludes a Freight Forwarding Contractwith the Principal. Freight Forwarders are particularlycarrier according to section 407, Freight Forwarderaccording to section 453, warehouse keeper according tosection 467 and sea freight carrier according to sections481, 527 HGB. 1.14 Freight Forwarding Contracts (“Verkehrsvertrдge”)The ADSp cover all Freight Forwarding Contracts undertakenby the Freight Forwarder as contractor for all activities,regardless of whether they are freight forwarding, carriageof goods (by sea), warehousing or other, typical servicespertaining to the freight forwarding business, such ascustoms handling, tracking of goods or cargo handling.These terms and conditions also apply to all typicallogistical services included in freight forwarding, if theseare in relation to the transport or warehousing of goods,in particular to activities such as the creation of loadingunits, consignments, labelling, weighing of goods andreturns processing.for use on instruction by the Principal shall also be deemedas Freight Forwarding Contracts (“Lohnfuhrvertrдge”). 1.12 Interfaces After acceptance and before Delivery of the goods by theFreight Forwarder, Interfaces are defined as any transition ofthe goods from one legal person to another an y transhipmentfrom one Vehicle to another, any (temporary) storage. 1.7 Loading Means Means for the aggregation of Packages and for the creationof loading units, such as pallets, container, swap trailers, bins. 1.16 Material Contractual Obligations Material Contractual Obligations are defined as those thatinitially enable the contractually agreed fulfilment of theFreight Forwarding Contract and on which the contractingpartner is entitled to reasonably rely on. 1.10 Packages Single items or units formed by the Principal for the fulfilmentof the order with or without Loading Means, which theFreight Forwarder must handle as one ensemble (freight itemas defined by sections 409, 431, 504 German CommercialCode (HGB). 1.8 Place of Loading/Discharge The postal address, if the parties have not agreed on a moreprecise location. 1.19 Point of Time Agreed Point of Time for the arrival of the Freight Forwarderat the Place of Loading or Place of Discharge. 1.2 Principal Legal person which concludes a Freight Forwarding Contractwith the Freight Forwarder. 1.15 Shipper Legal Person, which hands over the goods for transportationaccording to the Freight Forwarding Contract or on a validinstruction. 1.3 Theft-Sensitive Goods Theft-Sensitive Goods are those exposed to an increasedrisk of robbery and theft, such as money, precious metals,jewellery, watches, precious minerals, art, antiques, checkbooks, credit cards and/or other payment means, stocks andsecurity papers, documents, spirits, tobacco, entertainmentelectronic goods, telecommunications goods, IT equipmentand accessories as well as smart cards. 1.18 Time Frame Agreed Time Frame for the arrival of the Freight Forwarder atthe Place of Loading or Place of Discharge. 1.9 Time of Performance The time (date, time of day) up to a particular performancemust be taken place, for example a Time Frame or Point ofTime. 1.17 Valuable Goods Good, at the time and place of taking over, with an actualvalue of at least 100 Euro/kg. 1.5 Vehicle Means of transport for the transportation of goods on trafficroutes. 2. Scope of application 2.1 The ADSp cover all Freight Forwarding Contracts undertakenby the Freight Forwarder as contractor. 2.2 Statutory provisions which cannot be modified by pre-formulatedstandard terms and conditions take precedence overthe ADSp. 2.3 The ADSp do not apply to businesses that are exclusivelydedicated to: 2.3.1 packaging, 2.3.2 transportation and warehousing of towed or salvaged goods, 2.3.3 transportation and warehousing of removal goods accordingto section 451 HGB, 2.3.4 storage and digitalisation of files; files are all types of embodiedand digitalised business papers, documents, data storagemediums and similar objects for information collection, 2.3.5 abnormal and heavy-load transports, which require a transportationregulation permission or exception, crane servicesand associated assembly work, 2.4 The ADSp do not apply to Freight Forwarding Contracts withconsumers as defined in Section 13 German Civil Code (BGB). 3. Obligation of the Principal regarding placing oforders, information requirements, special goods 3.1 The Principal shall inform the Freight Forwarder about allrelevant parameters affecting the carrying out of the order.These include 3.1.1 addresses, type and quality of the goods, the gross weight(including packaging and Loading Means) or otherwisespecified quantities, marks, numbering, quantities and typeof Packages, specific  haracteristics of the goods (such aslive animals and plants, perishability), the value of the goods(for example for customs purposes or the insurance of goodsaccording to clause 21 ADSp) and Delivery timesfor use on instruction by the Principal shall also be deemedas Freight Forwarding Contracts (“Lohnfuhrvertrдge”). 1.12 Interfaces After acceptance and before Delivery of the goods by theFreight Forwarder, Interfaces are defined as any transition ofthe goods from one legal person to another an y transhipmentfrom one Vehicle to another, any (temporary) storage. 1.7 Loading Means Means for the aggregation of Packages and for the creationof loading units, such as pallets, container, swap trailers, bins. 1.16 Material Contractual Obligations Material Contractual Obligations are defined as those thatinitially enable the contractually agreed fulfilment of theFreight Forwarding Contract and on which the contractingpartner is entitled to reasonably rely on. 1.10 Packages Single items or units formed by the Principal for the fulfilmentof the order with or without Loading Means, which theFreight Forwarder must handle as one ensemble (freight itemas defined by sections 409, 431, 504 German CommercialCode (HGB). 1.8 Place of Loading/Discharge The postal address, if the parties have not agreed on a moreprecise location. 1.19 Point of Time Agreed Point of Time for the arrival of the Freight Forwarderat the Place of Loading or Place of Discharge. 1.2 Principal Legal person which concludes a Freight Forwarding Contracwith the Freight Forwarder. 1.15 Shipper Legal Person, which hands over the goods for transportationaccording to the Freight Forwarding Contract or on a validinstruction. 1.3 Theft-Sensitive Goods Theft-Sensitive Goods are those exposed to an increasedrisk of robbery and theft, such as money, precious metals,jewellery, watches, precious minerals, art, antiques, checkbooks, credit cards and/or other payment means, stocks andsecurity papers, documents, spirits, tobacco, entertainmentelectronic goods, telecommunications goods, IT equipmentand accessories as well as smart cards. 1.18 Time Frame Agreed Time Frame for the arrival of the Freight Forwarder atthe Place of Loading or Place of Discharge. 1.9 Time of Performance The time (date, time of day) up to a particular performancemust be taken place, for example a Time Frame or Point ofTime. 1.17 Valuable Goods Good, at the time and place of taking over, with an actualvalue of at least 100 Euro/kg. 1.5 Vehicle Means of transport for the transportation of goods on trafficroutes. 2. Scope of application 2.1 The ADSp cover all Freight Forwarding Contracts undertakenby the Freight Forwarder as contractor. 2.2 Statutory provisions which cannot be modified by pre-formulatedstandard terms and conditions take precedence overthe ADSp. 2.3 The ADSp do not apply to businesses that are exclusivelydedicated to: 2.3.1 packaging, 2.3.2 transportation and warehousing of towed or salvaged goods, 2.3.3 transportation and warehousing of removal goods accordingto section 451 HGB, 2.3.4 storage and digitalisation of files; files are all types of embodiedand digitalised business papers, documents, data storagemediums and similar objects for information collection, 2.3.5 abnormal and heavy-load transports, which require a transportationregulation permission or exception, crane servicesand associated assembly work, 2.4 The ADSp do not apply to Freight Forwarding Contracts withconsumers as defined in Section 13 German Civil Code (BGB). 3. Obligation of the Principal regarding placing oforders, information requirements, special goods 3.1 The Principal shall inform the Freight Forwarder about allrelevant parameters affecting the carrying out of the order.These include 3.1.1 addresses, type and quality of the goods, the gross weight(including packaging and Loading Means) or otherwisespecified quantities, marks, numbering, quantities and typeof Packages, specificcharacteristics of the goods (such aslive animals and plants, perishability), the value of the goods(for example for customs purposes or the insurance of goodsaccording to clause 21 ADSp) and Delivery times 4.8.4 the allocation of a shipment tracking system, unless it isin line for this sector of industry. Clause 14 ADSp remainsunaffected. 4.8.5 returns, detours and hidden additional cargo.If in deviation to the actual order, one or more Packages arehanded over and accepted for transportation by the FreightForwarder, then the Freight Forwarder and the Principalconcludes a new Freight Forwarding Contract about thesegoods. In case of returns or hidden additional cargo and inabsence of a separate agreement, the terms and conditionsof the original Freight Forwarding Contract will apply. Clause5.2 ADSp remains unaffected. 4.9 Further service and information obligations, for examplequality management measures and their auditing, monitoringand evaluation systems as well as key performanceindicators needs to be expressly agreed. 5. Contact person, electronic communication anddocuments 5.1 Upon request of a contracting party, each side will nominateone or more contact persons to receive information, explanationsand enquiries regarding the fulfilment of the contractand exchange names and addresses. This information needsto be updated in case of changes. If either contracting partyfails to provide details for a contact person, then the relevantsignatory to the contract shall be the designated contactperson.Information obligations, which exceeds the obligation instatutory provisions, for example measures of the FreightForwarder in case of disruptions, in particular, an imminentdelay during takeover or Delivery, obstacles to carriage andDelivery, damages to the goods or other disruptions (emergency concept) needs to be agreed separately. 5.2 In the absence of an expressly agreement, contractualstatements by warehousing or transport personnel requireapproval from the respective party to be considered valid. 5.3 The Principal takes care of the required declarations to besupplied by the Principal’s Shipper or Consignee during thefulfilment of the contract at the Place of Loading and Placeof Delivery, and of real actions, such as Delivery and receiptof the goods. 5.4 If agreed between the Principal and the Freight Forwarder,the parties will transmit and receive the shipping details,including the creation of the invoice, by electronic means(electronic data interchange / remote transmission). Thetransmitting party carries the responsibility for the loss,completeness and validity of any sent data. 5.5 In case of an agreement according to clause 5.4 ADSp, theparties ensure that their IT system is ready for operation andthat data can be processed appropriately, including the usualsafety and control  easures, to protect the electronic dataexchange and prevent unauthorized access, modification, lossor destruction by third parties. All parties are obliged to givetimely notification of any changes to their IT systems that could affect the electronic data interchange. 5.6 Electronic or digital documents, in particular proof of deliveries, shall be considered equal to written documents.Furthermore, each party is entitled to archive written documentationin exclusively electronic or digital format and toeliminate originals, the latter always in consideration of thelegal regulations regarding the same. 6. Packaging and labelling duties of the Principal 6.1 The Principal shall pack the goods, and if required, clearly andpermanently label all Packages with their required identifications,such as addresses, marks, numbers and symbolsrelating to the handling and characteristics of the goods. Oldidentification marks must be removed or garbled. The sameapplies for Packages. 6.2 Furthermore, the Principal is responsible for: 6.2.1 identifying all items belonging to the same shipment, toensure easy recognition, 6.2.2 ensuring that Packages, if required, cannot be accessed withoutleaving external traces. 7. Securing cargo and supervisory duties of theFreight Forwarder 7.1 In all cases where loading and discharge occurs at more thanone location, the Freight Forwarder takes care for the securityof cargo until the last Place of Discharge and at all times, butnot before the completion of loading in a transport safetymanner. 7.2 The Freight Forwarder shall conduct controls at all Interfaces.The Freight Forwarder shall check  completeness and identityof the goods, their apparent good order and condition aswell as all seals and locks and record any irregularities in theaccompanying documents or via separate notification. 8. Receipt 8.1 The Freight Forwarder shall issue a certificate of receipt withreservations noted, if necessary.In case of doubt, the certificate of receipt issued by theFreight Forwarder only confirms the number and type ofPackages, but not their content, value, weight or othermeasurements. 8.2 Previously loaded or sealed loading units, such as containersor swap bodies and previously transmitted data, the accuracyof the certificate of receipt regarding quantity and type ofloaded Packages is vitiated, if the Freight Forwarder notifiesthe Principal on differences (in quantity) or damages, immediatelyafter unloading the loading unit. 8.3 The Freight Forwarder must request proof of Delivery fromthe Consignee in form of a Delivery receipt listing all Packagesas outlined in the order or other accompanying documentation.Should the Consignee refuse to issue a Deliveryreceipt, the Freight Forwarder must request instructions fromthe Principal. The Principal can demand the Delivery receipt for a period ofone year after the goods have been delivered. 8.4 As receipt for takeover or Delivery of the goods counts anysigned document which gives evidence for fulfilment of theorder, such as Delivery notes, forwarders certificate of receipt,consignment note, sea way bill, consignment bill or a bill oflading. 8.5 The certificate of receipt and Delivery receipt can also beissued electronically or digitally, unless the Principal requeststhe issuing of a consignment note, sea way bill, consignmentbill or bill of lading. 9. Instructions Upon conclusion of the contract, the Freight Forwarder mustfollow all instructions regarding the cargo, unless carryingout such instructions poses disadvantages to his business ordamages to consignments of other Principals or Consignees.If the Freight Forwarder intents not to follow an instruction,then the Freight Forwarder shall inform the instructorimmediately. 10. Freight payment, cash on Delivery 10.1 Notifications by the Principal to the effect that the ordershould be executed freight collect or for the account of theConsignee or a third party, for example according to Incoterms,do not exempt the Principal from his obligation to paythe Freight Forwarder its remuneration and outlays, includingfreights, customs charges and other expenses. Freight collectinstructions, for example according to section 422 HGB,Article 21 CMR, remain unaffected. 11. Default of loading and Delivery times,demurrage 11.1 In cases where the Principal must load or unload the Vehicle,the Principal has the obligation to do so within the agreed,otherwise within a reasonable loading and unloading time. 11.2 If, in case of carriage of goods by road, the parties agree on aTime Frame or Point of Time or is such notified by the FreightForwarder without objection by the Principal, Shipper or Consignee,the loading and unloading time - irrespective of thenumber of shipments per Place of Loading and Discharge -for full truck loads, but with the exception for bulk goods, forVehicles with 40 tons maximum permissible weight shall be maximum 2 hours for loading and unloading in general. Thetimes shall be reduced appropriately for Vehicles with a lowermaximum permissible weight in the individual case. 11.3 The loading or unloading time begins with the arrival of theroad vehicle at the designated Place of Loading and Discharge(for example, by notifying the gate keeper), and endswhen the Principal has completed all its duties. However, if a Time of Performance has been agreed for thearrival of road Vehicles at the Place of Loading and Discharge,the loading and unloading time does not begin before theagreed presentation time. 11.4 In cases where the contractually agreed loading and unloadingtime are not maintained due to reasons beyond theFreight Forwarder’s scope of responsibility, the Principal mustpay the Freight Forwarder the agreed, otherwise commonlyaccepted, demurrage fees. 11.5 The aforementioned provisions apply accordingly, when theFreight Forwarder is obliged to load and unload the goods,and when the Principal is exclusively committed to preparethe goods for loading or to accept them after unloading. 12. Performance hindrances and force majeure 12.1 If the Freight Forwarder is unable to take over the goods,or unable to take them over on time, the Freight Forwardermust immediately notify and seek instruction from thePrincipal. Section 419 HGB applies accordingly. The Principalremains entitled to terminate the Freight Forwarding Contract,whereas the Freight Forwarder is not entitled to ask forcompensation according to section 415 (2) HGB. 12.2 Performance hindrances that do not fall within the scope ofresponsibility of either contracting party, free said parties oftheir performance duties for the duration of the hindranceand the extent of its impact. Such performance hindrances are defined as force majeure,civil unrest, war or acts of terrorism, strikes and lock-outs,transport route blockades, and any other unforeseeable,unavoidable and serious events.In case of a performance hindrance, the contracting partiesare obliged to notify the other party immediately. Additionally,the Freight Forwarder is obliged to ask the Principal forinstructions. 13. Delivery 13.1 If, after arrival at the Place of Discharge, it becomes apparentthat the unloading cannot take place within the time ofunloading, the Freight Forwarder must immediately notifythe Principal and request for relevant instructions. Section419 HGB applies accordingly. 13.2 If the Freight Forwarder cannot adhere to the agreed Time ofPerformance or - in the absence of an agreement - to a reasonabletime for Delivery, the Freight Forwarder shall requestinstructions from the Principal or the Consignee. 13.3 In cases where the Consignee is absent at the designatedhome, business or shared location address and if the Consigneelives therein, the goods, always assuming there areno obvious doubts regarding the entitlement to receive thegoods of the person in question, may be delivered to: 13.3.1 an adult family member; a family employee; or an adult withpermanent residence at the designated home address, 13.3.2 an employee at the designated business location, 13.3.3 a manager or representative authorised to receive the goodsat the designated shared location. 13.4 In cases where the Freight Forwarder and Principal haveagreed on Delivery without the presentation to an actual person(for example, night, garage or assembly line deliveries),Delivery is deemed to have taken place on the actual physicaldeposit of the goods at the agreed location. 13.5 The Delivery can only take place under supervision of thePrincipal, Consignee or a third party authorised for reception.Clauses 13.3 and 13.4 ADSp remain unaffected. 14. Information and restitution duties of theFreight Forwarder 14.1 The Freight Forwarder has the duty to supply the Principalwith the required information and, upon request, with thestatus of the business as well as to demand accountabilityupon completion. However, the Freight Forwarder is onlyobliged to reveal costs, if the Freight Forwarder works onPrincipal’s account. 14.2 The Freight Forwarder has the duty to give anything to thePrincipal what he has received by carrying out and managingthe business. 15. Warehousing 15.1 The Principal has the duty to pack and mark the goods, if required,and to make available all  documents and informationto the Freight Forwarder for an appropriate storage. 15.2 The Freight Forwarder decides in its sole discretion if warehousingtakes place in its own facilities or, if not otherwiseagreed, those of third parties. Whenever warehousing takeplace at third party warehouses, the Freight Forwarder mustsupply timely information regarding its name and locationto the Principal or, whenever a warehouse warrant has beenissued, to make a note of the information on the same. 15.3 The Freight Forwarder takes care for the duly maintenanceand care of the warehouse and storage space, the driveson the premises and for securing the goods, in particulartheft protection. Additional security measures, for examplemeasures exceeding the statutory fire protection laws, mustbe explicitly agreed. 15.4 Unless otherwise agreed: 15.4.1 takeover of the goods for warehousing begins with theunloading of the goods from the Vehicle by the Freight Forwarderand ends with the completion of the Delivery by theFreight Forwarder. 15.4.2 inventory management is via the Freight Forwarder’s inventoryaccounting, 15.4.3 there is one physical inventory inspection per year. On instructionof the Principal, the Freight  Forwarder shall conductfurther physical inventories against compensation. 15.5 With taking over the goods and if appropriate examinationmeans are available, the Freight Forwarder is obliged toconduct a receiving inspection on types, quantities, marks,numbering, quantities of Packages as well as outer visibledamages according to section 438 HGB. 15.6 The Freight Forwarder shall conduct regular inspections withappropriate personnel for securing the goods. 15.7 In case of stock shortfall and imminent changes at the goods,the Freight Forwarder shall immediately inform the Principaland ask for instructions. Section 471 (2) HGB remains unaffected. 15.8 Additional service and information obligations require anexplicit agreement. 16. Remuneration 16.1 The services according to the Freight Forwarding Contract arecompensated with the agreed remuneration, if this remunerationincludes the costs for transportation and warehousing.Supplemental claims for costs occurred during regular transportationor warehousing and which were not foreseeable at the time of the offer, cannot be claimed separately, unlessotherwise agreed. Calculation errors are at the expense ofthe calculator. sections 412, 418, 419, 491, 492, 588 until 595HGB and comparable provisions of international conventionsremain unaffected. 17. Compensation claims and right of recourse 17.1 The Freight Forwarder is, if not caused by him, entitled to askfor refund of expenses properly incurred, in particular thoserelating to average contributions, detention or demurragecharges, including additional packaging for protecting thegoods. 17.2 If the Principal instructs the Freight Forwarder to receivegoods and if, on reception of the goods by the FreightForwarder, freight, cash on delivery, customs duties, taxes,or other expenses and charges are demanded, the FreightForwarder is entitled - but not obliged - to pay these costsaccording to the circumstances he has properly assessed, andto claim reimbursement from the Principal, unless otherwise agreed. 17.3 On request, the Principal must immediately indemnify theFreight Forwarder for expenditures, such as freight, averagecontributions, customs duties, taxes and other feesdemanded from the Freight Forwarder, in particular actingas a person authorised to dispose or as possessor of goodsbelonging to third parties, unless the Freight Forwarder is notresponsible for their accrual. 18. Invoices, foreign currencies 18.1 Remuneration claims of the Freight Forwarder require thereception of an invoice or payment schedule in accordance tostatutory requirements. If not otherwise agreed, the maturityis not dependent on presenting a delivery receipt in case ofan uncontested Delivery. 18.2 Regarding foreign Principals or Consignees, the Freight Forwarderis entitled to ask whether to receive payment in therelevant foreign currency or in Euro (EUR). 18.3 If the Freight Forwarder owes foreign currency or hasadvanced foreign currency amounts, the Freight Forwarderis entitled to ask for payment in either the relevant foreigncurrency or in EUR (EUR). In case of Euro (EUR), currencyconversion is made according to the official exchange rate onthe day of payment, which shall be evidenced by the FreightForwarder. 18.4 Payment according to a credit memo procedure must beexpressly agreed. In case of doubt, all credit memos are tobe issued immediately, upon completion of services. Clause18.1 1st sentence ADSp is not applicable for credit memoprocedures. 19. Set-off, Retention In the face of claims arising from the freight forwardingcontract and associated non-contractual claims, set-off orretention is only permitted when the claim is uncontested,ready for decision or legally established. 20. Lien and retention rights 20.1 The Freight Forwarder is entitled to secure its demands arisingfrom freight forwarding services according to the legallypermitted regulations regarding lien and retention rights. 20.2 Lien rights can be exercised according to the legally establishedprovisions, providing: 20.2.1 the threat and the required notifications about the lienexercise and the sale of the pledged items by the carrier shallbe forwarded to the Consignee, 20.2.2 the time limit of one month as specified in section 1234 BGBis superseded by a time limit of two weeks. 20.3 The Principal is entitled to prohibit the exercise of the lienby granting an equivalent security for its claims, such as adirectly enforceable bank guarantee. 21. Insurance of goods 21.1 The Freight Forwarder arranges the insurance of the goods(c. f. goods in transit or warehousing insurance) with aninsurer of its choice, when the Principal assigns the FreightForwarder to do so prior to handing over the goods. 21.2 The Freight Forwarder shall arrange insurance for the goods,if this is in the interests of the Principal. The Freight Forwardercan assume that insurance is in the interests of thePrincipal, in particular when: 21.2.1 the Freight Forwarder has arranged insurance for a previousFreight Forwarding Contract for the same Principal in thecourse of an ongoing business relationship, 21.2.2 the Principal has declared a value of the goods for the purposeof insurance. 21.3 The assumption that insurance is in the interest of thePrincipal according to clause 21.2 ADSp can be discounted, inparticular when: 21.3.1 the Principal has prohibited the purchase, 21.3.2 the Principal is a Freight Forwarder, carrier or warehousekeeper. 21.4 In case of purchasing insurance cover, the Freight Forwardershall observe instructions of the Principal, in particular themount insured and risks to be covered. In the absence ofsuch an instruction, the Freight Forwarder must assess thetype and scope of insurance in its sole discretion and purchaseinsurance cover at the usual market conditions. 21.5 If, due to the nature of the goods to be insured, or foranother reason, the Freight Forwarder is unable to purchaseinsurance cover, the Freight Forwarder will notify the Principalimmediately. 21.6 If the Freight Forwarder purchases an insurance after conclusionof the Freight Forwarding Contract and upon instructionof the Principal or recovers a claim or acts otherwise on behalfof the Principal regarding carrying out insurance claimsor averages, the Freight Forwarder is entitled to a reasonable remuneration according to local standards, otherwise, anappropriate remuneration, in addition to the compensationof its expenses, even in the absence of a prior agreement. 22. Liability of the Freight Forwarder, Subrogationof claims of reimbursement 22.1 The Freight Forwarder is liable for damages according to thestatutory provisions. However, the following provisions shallapply, in as much as they do not contradict mandatory regulations,in particular the law of pre-formulated terms andconditions. 22.2 In all cases, where the Freight Forwarder is fault-based liablefor losses or damages to the goods (“Gьterschaden”) accordingto clause 23.3 and 24, the Freight Forwarder must onlypay the value and reimburse the costs according to sections429, 430, 432 HGB instead of damage compensation. 22.3 In case of inventory divergences, the Freight Forwarder isentitled to balance the inventory with positive stock balancedifferences and stock shortfall of the same Principal for valueevaluation in cases as set out in clause 24 ADSp. 22.5 If the Freight Forwarder has claims, for which the FreightForwarder is not liable for, against a third party in case ofdamages, or in cases when the Freight Forwarder has claimsexceeding the sum for which the Freight Forwarder is liable,the Freight Forwarder must subrogate such claims to thePrincipal upon request, unless the Freight Forwarder has aseparate agreement to pursue claims on behalf and at the expense of the Principal. sections 437, 509 HGB remain unaffected. 23. Liability limitations 23.1 Except in case of damages during carriage of goods by seaor ordered warehousing, the Freight Forwarder’s liability fordamages to goods is limited according to Section 431 (1), (2)and (4) HGB, to: 23.1.1 8,33 Special Drawing Rights (SDR) for every kg, whenever theFreight Forwarder is: - a carrier, as defined by Section 407 HGB, - acting as principal (“Spediteur im Selbsteintritt”), fixedcosts freight forwarder (Fixkostenspediteur) or consolidator(“Sammelladungsspediteur”), according to sections 458 to460 HGB or - care, custody and control Freight Forwarder (“Obhutsspediteur”)according to Section 461 (1) HGB. 23.1.2 2 instead of 8.33 SDR for every kg, whenever the Principalhas agreed to a Freight Forwarding Contract which is subjectto a variety of transport means and includes carriage ofgoods by sea and an unknown damage place. In case of a known damage place, the liability according tosection 452a HGB is subject to the liability exclusion andliability limitation of the ADSp. 23.1.3 Whenever Freight Forwarder’s liability according to clause23.1.1 ADSp exceeds an amount of EUR 1,25 millionper Damage Case, this liability is furthermore limited toEUR 1,25 million per Damage Case, or to 2 SDR for everykg, whichever amount is higher. 23.2 The liability of the Freight Forwarder for damages to thegoods in its custody for Freight Forwarding Contracts whichare subject to carriage of goods by sea and cross-bordertransportation is limited to the maximum statutory liabilityamount. Clause 25 ADSp remains unaffected. 23.3 For all cases out of scope of clauses 23.1 and 23.2, such assection 461 (2) HGB, 280 ff BGB, the liability of the FreightForwarder for damages to goods is limited according toSection 431 (1), (2) und (4) HGB to a maximum of: 23.3.1 2 SDR per kg for Freight Forwarding Contracts relating tocarriage of goods by sea or a transportation by a variety oftransport means, but including carriage of goods by sea, 23.3.2 8.33 SDR per kg for all other Freight Forwarding Contracts. 23.3.3 Furthermore, the Freight Forwarder’s liability is limited tothe maximum amount of EUR 1,25 million for each case ofdamage. 23.4 The liability of the Freight Forwarder for all other damagesthan damages to the goods with the exception of damagesduring ordered warehousing or damages to personal injuryor goods of third parties is limited to three times the amountthat would be payable for the loss of goods according toclauses 23.3.1 or 23.3.2 ADSp. Furthermore, the FreightForwarder’s liability is limited for each case of damage to themaximum amount of 125,000 Euros. 23.4.1 Sections 413 (2), 418 (6), 422 (3), 431 (3), 433, 445 (3), 446(2), 487 (2), 491 (5), 520 (2), 521 (4), 523 HGB as well as anyrelevant liability provisions in international conventions shallremain unaffected. 23.4.2 Clause 23.4 ADSp is not applicable on statutory provisions,such as Article 25 Montreal Convention (MC), Article 5 Rиglesuniformes concernant le Contrat de transport internationalferroviaire des marchandises (CIM) or Article 20 Conventionde Budapest relative au contract de transport de  marchandisesen navigation intйrieure (CMNI), which extend FreightForwarder’s liability or permit to extend. 23.5 If Freight Forwarder’s liability according to Articles 23.1, 23.3and 23.4 ADSp exceeds the amount of EUR 2,5 million perDamage Event, then Freight Forwarder’s liability is, irrespectiveof how many claims arise from a single Damage Event,further limited to a maximum amount of EUR 2,5 millionper Damage Event or to 2 SDR per kg for lost or damagedgoods, whichever amount is the higher. When there is more than one claimant, the Freight Forwarder’s liability shall beproportionate to individual claims. 24. Liability limitations for ordered warehousing, inventories and declaration of value 24.1 In the case of ordered warehousing, the liability of theFreight Forwarder for damages to goods is limited to: 24.1.1 8.33 SDR for every kg corresponding to 431 (1), (2) and (4)HGB, 24.1.2 a maximum of EUR 35,000 per Damage Case. 24.1.3 70,000 Euros per year, in cases where the damage claimedby the Principal bases, contrary to clause 24.1.2 ADSp, on adifference between calculated stock and actual stock of theinventory, irrespective of the amount and type of inventorytaking and the amount of Damage Cases causing the differencein inventory. 24.2 Upon payment of an agreed supplement and prior to warehousingof goods, the Principal can specify a value in textform for an increased liability that differs from the maximumamounts stipulated in clause 24.1. In this case, the specifiedvalue replaces the relevant maximum amount. 24.3 In case of warehousing upon instruction, the Freight Forwarder’sliability for other damages, excluding damages topersonal injury or goods of third parties, is limited to EUR35,000 per case of damage. 24.4 In case of warehousing upon instruction, but excluding personalinjury or damages to goods of third parties, the FreightForwarder’s liability is always limited to EUR 2,5 million perDamage Event, irrespective of how many claims arise from asingle Damage Event. When there is more than one claimant,the Freight Forwarder’s liability shall be proportionate toindividual claims. Clause 24.2 ADSp remains unaffected. 25. Exclusion of liability for carriage of goods bysea and inland waterway transportation 25.1 In accordance with section 512 (2) No. 1 HGB, it is agreedthat: The Freight Forwarder in its position as carrier is not responsiblefor any fault or neglect on the part of its servants or ofthe ship’s company, insofar as the corresponding damage wascaused in the course of steering or otherwise operating theship, or was caused by fire or explosion on board the ship and the measures taken were not predominantly for the benefitof the cargo. 25.2 According to Article 25 (2) CMNI it is agreed that the FreightForwarder in its position as carrier or actual carrier is notliable for damages: 25.2.1 caused by an act or omission by the master of the vessel, thepilot or any other person in the service of the vessel, pusheror tower during navigation or in the formation or dissolutionof a pushed or towed convoy, provided that the FreightForwarder complied with the obligations set out for the crewin Article 3 (3) CMNI, unless the act or omission results froman intention to cause damage or from reckless conduct with the knowledge that such damage would probably result, 25.2.2 caused by fire or an explosion on board the vessel, where it isnot possible to prove that the fire or explosion resulted froma fault of the Freight Forwarder or the actual carrier or theirservants or agents or a defect of the vessel, 25.2.3 the defects existing prior to the voyage of his vessel or of arented or chartered vessel if he can prove that such defectscould not have been detected prior to the start of the voyagedespite due diligence. 25.3 Clause 22.4 ADSp remains unaffected. 26. Non-contractual liability In accordance with sections 434, 436 HGB, the abovementioned liability exclusions and limitations also apply tonon-contractual claims. Clause 23.4.1 ADSp applies accordingly. 27. Qualified fault 27.1 Liability exclusions and limitations listed in clauses 22.2, 22.3,23.3 and 23.4 in conjunction with 23.5, 24 as well as 26 ADSpdo not apply when the damage has been caused by: 27.1.1 intent or gross negligence of the Freight Forwarder or vicariousagents or 27.1.2 infringement of Material Contractual Obligations, wherebysuch claims are limited to predictable and typical damages. 27.2 Divergent from clause 27.1.2 ADSp, the liability limitations ofclause 24.1 and 24.2 ADSp only apply in case of gross negligentor intentional infringements of material contractualduties. 27.3 Sections 435, 507 HGB remains applicable within their scopeof application. 27.3 Clause 27.1 ADSp is not applicable on statutory provisions,such as Article 25 MC, Article 36 CIM or Article 20, 21 CMNI,which extend Freight Forwarder’s liability, allows extending orexpanding the imputation of fault of servants or third parties. 28. Liability insurance of the Freight Forwarder 28.1 The Freight Forwarder is obliged to purchase and maintainliability insurance at the usual market conditions with aninsurer of his choice that, as a minimum, covers the ordinaryliability amounts of its freight forwarding liability accordingto ADSp and statutory provisions. The agreement of maximuminsurance amounts per Damage Case, Damage Eventand year is permitted as well as the agreement of reasonable deductibles for the Freight Forwarder. 28.2 Upon request, the Freight Forwarder is obliged to provideevidence of the liability insurance and its validity by presentationof an insurance confirmation within a reasonableTime Frame. In absence of such a presentation, the Principalis entitled to terminate the Freight Forwarding Contractextraordinarily. 28.3 The Freight Forwarder is only entitled to rely on the liabilitylimitations of the ADSp, when the Freight Forwarder providesan appropriate insurance cover at the time of order. 29. Liability of the Principal 29.1 The liability of the Principal pursuant to sections 414, 455,468, and 488 HGB is limited to EUR 200,000 per DamageEvent. 29.2 The aforementioned liability limitation does not apply in caseof personal injuries, such as injury of life, body and health, ifthe damage was caused by gross negligence or wilful intentof the Principal or its vicarious agents, or infringement ofMaterial Contractual Obligations, whereas the latter is limitedto predictable and typical damages. 30. Applicable law , place of fulfilment, place ofjurisdiction 30.1 The legal relationship between the Freight Forwarder andPrincipal is governed by German law. 30.2 The place of fulfilment for all involved parties is the locationof the Freight Forwarder’s branch office dealing with theorder or the enquiry. 30.3 The place of jurisdiction for all disputes and all involved partiesarising from the Freight Forwarding Contract, an enquiryor in relation to it, is the location of the Principal or FreightForwarder’s branch office dealing with the order or enquiry,as far as all these parties are merchants. The aforementioned place of jurisdiction shall be deemed as an additional placeof jurisdiction pursuant to Article 31 CMR and Article 46 § 1CIM, but not in case of Article 39 CMR, Article 33 MC, Article28 Convention for the Unification of certain rules relating tointernational carriage by air (WC). 31. Confidentiality 31.1 Contractual parties are obliged to maintain confidentialityregarding all unpublished information received during theexecution of the freight forwarding contract. This informationcan only be used for the exclusive purpose of contractfulfilment. The parties shall commit other legal persons withan equivalent confidentiality obligation, if these legal personsare deployed for contract fulfilment. 32. Compliance 32.1 The Freight Forwarder shall comply with minimum wage provisionsand minimum conditions for workplaces and confirmsthe compliance in text form upon request of the Principal.The Freight Forwarder indemnifies the Principal for its liabilityfor minimum wages, if the Freight Forwarder, its subcontractor or hirer during the course of fulfilment of the FreightForwarding Contract, does not pay the minimum wages andthe Principal is demanded to pay. 32.2 The Freight Forwarder shall ensure in case of transportationservices, that its executing subcontractor 32.2.2 deploys driving personnel, which comply with the requirementsof section 7 (1) Gьterkraftverkehrsgesetz (GьKG), ifapplicable, 32.2.3 upon request provides all documents, which must be carriedduring transportation according to statutory provisions,when the Principal or third parties must comply with statutorycontrolling obligations, 32.3 In case of transportation, the Freight Forwarder or its executingsubcontractor is obliged to organise the activities ofits driving personnel according to the compulsory working,driving and recreation times. During the driving of Vehicles,alcohol and drugs are generally prohibited. 32.4 Both contracting parties commit to carrying out theircontractual duties and to act according to the legal regulationscovering their business and to support and obey theprinciples of the United Nations Global Compact (UNGC), theUnited Nations Declaration of Human Rights, and the Declarationof the International Labour Organization regardingthe 1998 Declaration on Fundamental Principles and Rightsat Work, in accordance with national laws and customs. Inparticular, both parties will commit to: 32.4.1 no child or forced labour, 32.4.2 comply with the relevant national laws and regulationsregarding working hours, wages, salaries and to comply withany other obligations for employers, 32.4.3 to comply with the current regulations on health and safetyat work, and to provide a safe and healthy workplace to ensurethe health of employees and to avoid accidents, injuriesand work-related illness, 32.4.4 prohibit all discrimination based on race, religion, disability,age, sexual orientation or sex, 32.4.5 comply with international standards on corruption, such asthose published in UNGC and to adhere to local anti-corruptionand bribery laws, 32.4.6 adhere to all current environmental protection laws andregulations, 32.4.7 engage its business partners and subcontractors according tothe aforementioned principles.   SOURCE: ADSp 2017  
The German Freight Forwarders’ Standard Terms and Conditions 2017
07.12.2016

The German Freight Forwarders’ Standard Terms and Conditions 2017

The German Freight Forwarders’ Standard Terms and Conditions 2017 (Allgemeine Deutsche Spediteurbedingungen 2017 – ADSp 2017) are recommended for use as of 1 January 2017 by the Federal Association of German Industry (BDI), the Federal Association of German Wholesale, Foreign Trade and Services (BGA), the Federal Association of Road Haulage, Logistics and Disposal (BGA), the Federal Association of Furniture Forwarders and Logistics (AMÖ), the Federal Association of Transport and Logistics in Industry and Trade (BWVL), the Association of the German Chambers of Industry and Commerce (DIHK), the Federal Association of German Freight Forwarders and Logistics Operators (DSLV) and the German Retail Federation (HDE). This advice is non-binding and the contract parties are free to make agreements that deviate from the contents of this recommendation

1. Definitions

1.4 Consignee

Legal person to whom the goods shall be deliveredaccording to the Freight Forwarding Contract or validinstruction of the Principal or other persons authorised todispose of.

1.11 Damage Case/Damage Event

Damage Case means, when, due to an external process, aclaimant raises a claim on the basis of a Freight ForwardingContract or in lieu of a freight forwarding claim;Damage Event means, when, due to an external process,several claimants raise claims on the basis of severalFreight Forwarding Contracts.

1.6 Dangerous Goods

Dangerous Goods are goods that have the potential toendanger people, Vehicles or legal interests of third partiesduring the course of standard transportation, warehousingor other activities. In particular, hazardous goods aredefined as goods that fall in the scope of application ofstatutes and regulations relating to azardous goods,such as provisions covering dangerous materials, water orgarbage.

1.1 Delivery

The term of Delivery includes also the delivery in thewarehouse business.

1.13 Freight Forwarder

Legal person, which concludes a Freight Forwarding Contractwith the Principal. Freight Forwarders are particularlycarrier according to section 407, Freight Forwarderaccording to section 453, warehouse keeper according tosection 467 and sea freight carrier according to sections481, 527 HGB.

1.14 Freight Forwarding Contracts (“Verkehrsvertrдge”)The ADSp cover all Freight Forwarding Contracts undertakenby the Freight Forwarder as contractor for all activities,regardless of whether they are freight forwarding, carriageof goods (by sea), warehousing or other, typical servicespertaining to the freight forwarding business, such ascustoms handling, tracking of goods or cargo handling.These terms and conditions also apply to all typicallogistical services included in freight forwarding, if theseare in relation to the transport or warehousing of goods,in particular to activities such as the creation of loadingunits, consignments, labelling, weighing of goods andreturns processing.for use on instruction by the Principal shall also be deemedas Freight Forwarding Contracts (“Lohnfuhrvertrдge”).

1.12 Interfaces

After acceptance and before Delivery of the goods by theFreight Forwarder, Interfaces are defined as any transition ofthe goods from one legal person to another an y transhipmentfrom one Vehicle to another, any (temporary) storage.

1.7 Loading Means

Means for the aggregation of Packages and for the creationof loading units, such as pallets, container, swap trailers, bins.

1.16 Material Contractual Obligations

Material Contractual Obligations are defined as those thatinitially enable the contractually agreed fulfilment of theFreight Forwarding Contract and on which the contractingpartner is entitled to reasonably rely on.

1.10 Packages

Single items or units formed by the Principal for the fulfilmentof the order with or without Loading Means, which theFreight Forwarder must handle as one ensemble (freight itemas defined by sections 409, 431, 504 German CommercialCode (HGB).

1.8 Place of Loading/Discharge

The postal address, if the parties have not agreed on a moreprecise location.

1.19 Point of Time

Agreed Point of Time for the arrival of the Freight Forwarderat the Place of Loading or Place of Discharge.

1.2 Principal

Legal person which concludes a Freight Forwarding Contractwith the Freight Forwarder.

1.15 Shipper

Legal Person, which hands over the goods for transportationaccording to the Freight Forwarding Contract or on a validinstruction.

1.3 Theft-Sensitive Goods

Theft-Sensitive Goods are those exposed to an increasedrisk of robbery and theft, such as money, precious metals,jewellery, watches, precious minerals, art, antiques, checkbooks, credit cards and/or other payment means, stocks andsecurity papers, documents, spirits, tobacco, entertainmentelectronic goods, telecommunications goods, IT equipmentand accessories as well as smart cards.

1.18 Time Frame

Agreed Time Frame for the arrival of the Freight Forwarder atthe Place of Loading or Place of Discharge.

1.9 Time of Performance

The time (date, time of day) up to a particular performancemust be taken place, for example a Time Frame or Point ofTime.

1.17 Valuable Goods

Good, at the time and place of taking over, with an actualvalue of at least 100 Euro/kg.

1.5 Vehicle

Means of transport for the transportation of goods on trafficroutes.

2. Scope of application

2.1 The ADSp cover all Freight Forwarding Contracts undertakenby the Freight Forwarder as contractor.

2.2 Statutory provisions which cannot be modified by pre-formulatedstandard terms and conditions take precedence overthe ADSp.

2.3 The ADSp do not apply to businesses that are exclusivelydedicated to:

2.3.1 packaging,

2.3.2 transportation and warehousing of towed or salvaged goods,

2.3.3 transportation and warehousing of removal goods accordingto section 451 HGB,

2.3.4 storage and digitalisation of files; files are all types of embodiedand digitalised business papers, documents, data storagemediums and similar objects for information collection,

2.3.5 abnormal and heavy-load transports, which require a transportationregulation permission or exception, crane servicesand associated assembly work,

2.4 The ADSp do not apply to Freight Forwarding Contracts withconsumers as defined in Section 13 German Civil Code (BGB).

3. Obligation of the Principal regarding placing oforders, information requirements, special goods

3.1 The Principal shall inform the Freight Forwarder about allrelevant parameters affecting the carrying out of the order.These include

3.1.1 addresses, type and quality of the goods, the gross weight(including packaging and Loading Means) or otherwisespecified quantities, marks, numbering, quantities and typeof Packages, specific  haracteristics of the goods (such aslive animals and plants, perishability), the value of the goods(for example for customs purposes or the insurance of goodsaccording to clause 21 ADSp) and Delivery timesfor use on instruction by the Principal shall also be deemedas Freight Forwarding Contracts (“Lohnfuhrvertrдge”).

1.12 Interfaces

After acceptance and before Delivery of the goods by theFreight Forwarder, Interfaces are defined as any transition ofthe goods from one legal person to another an y transhipmentfrom one Vehicle to another, any (temporary) storage.

1.7 Loading Means

Means for the aggregation of Packages and for the creationof loading units, such as pallets, container, swap trailers, bins.

1.16 Material Contractual Obligations

Material Contractual Obligations are defined as those thatinitially enable the contractually agreed fulfilment of theFreight Forwarding Contract and on which the contractingpartner is entitled to reasonably rely on.

1.10 Packages

Single items or units formed by the Principal for the fulfilmentof the order with or without Loading Means, which theFreight Forwarder must handle as one ensemble (freight itemas defined by sections 409, 431, 504 German CommercialCode (HGB).

1.8 Place of Loading/Discharge

The postal address, if the parties have not agreed on a moreprecise location.

1.19 Point of Time

Agreed Point of Time for the arrival of the Freight Forwarderat the Place of Loading or Place of Discharge.

1.2 Principal

Legal person which concludes a Freight Forwarding Contracwith the Freight Forwarder.

1.15 Shipper

Legal Person, which hands over the goods for transportationaccording to the Freight Forwarding Contract or on a validinstruction.

1.3 Theft-Sensitive Goods

Theft-Sensitive Goods are those exposed to an increasedrisk of robbery and theft, such as money, precious metals,jewellery, watches, precious minerals, art, antiques, checkbooks, credit cards and/or other payment means, stocks andsecurity papers, documents, spirits, tobacco, entertainmentelectronic goods, telecommunications goods, IT equipmentand accessories as well as smart cards.

1.18 Time Frame

Agreed Time Frame for the arrival of the Freight Forwarder atthe Place of Loading or Place of Discharge.

1.9 Time of Performance

The time (date, time of day) up to a particular performancemust be taken place, for example a Time Frame or Point ofTime.

1.17 Valuable Goods

Good, at the time and place of taking over, with an actualvalue of at least 100 Euro/kg.

1.5 Vehicle

Means of transport for the transportation of goods on trafficroutes.

2. Scope of application

2.1 The ADSp cover all Freight Forwarding Contracts undertakenby the Freight Forwarder as contractor.

2.2 Statutory provisions which cannot be modified by pre-formulatedstandard terms and conditions take precedence overthe ADSp.

2.3 The ADSp do not apply to businesses that are exclusivelydedicated to:

2.3.1 packaging,

2.3.2 transportation and warehousing of towed or salvaged goods,

2.3.3 transportation and warehousing of removal goods accordingto section 451 HGB,

2.3.4 storage and digitalisation of files; files are all types of embodiedand digitalised business papers, documents, data storagemediums and similar objects for information collection,

2.3.5 abnormal and heavy-load transports, which require a transportationregulation permission or exception, crane servicesand associated assembly work,

2.4 The ADSp do not apply to Freight Forwarding Contracts withconsumers as defined in Section 13 German Civil Code (BGB).

3. Obligation of the Principal regarding placing oforders, information requirements, special goods

3.1 The Principal shall inform the Freight Forwarder about allrelevant parameters affecting the carrying out of the order.These include

3.1.1 addresses, type and quality of the goods, the gross weight(including packaging and Loading Means) or otherwisespecified quantities, marks, numbering, quantities and typeof Packages, specificcharacteristics of the goods (such aslive animals and plants, perishability), the value of the goods(for example for customs purposes or the insurance of goodsaccording to clause 21 ADSp) and Delivery times

4.8.4 the allocation of a shipment tracking system, unless it isin line for this sector of industry. Clause 14 ADSp remainsunaffected.

4.8.5 returns, detours and hidden additional cargo.If in deviation to the actual order, one or more Packages arehanded over and accepted for transportation by the FreightForwarder, then the Freight Forwarder and the Principalconcludes a new Freight Forwarding Contract about thesegoods. In case of returns or hidden additional cargo and inabsence of a separate agreement, the terms and conditionsof the original Freight Forwarding Contract will apply. Clause5.2 ADSp remains unaffected.

4.9 Further service and information obligations, for examplequality management measures and their auditing, monitoringand evaluation systems as well as key performanceindicators needs to be expressly agreed.

5. Contact person, electronic communication anddocuments

5.1 Upon request of a contracting party, each side will nominateone or more contact persons to receive information, explanationsand enquiries regarding the fulfilment of the contractand exchange names and addresses. This information needsto be updated in case of changes. If either contracting partyfails to provide details for a contact person, then the relevantsignatory to the contract shall be the designated contactperson.Information obligations, which exceeds the obligation instatutory provisions, for example measures of the FreightForwarder in case of disruptions, in particular, an imminentdelay during takeover or Delivery, obstacles to carriage andDelivery, damages to the goods or other disruptions (emergency

concept) needs to be agreed separately.

5.2 In the absence of an expressly agreement, contractualstatements by warehousing or transport personnel requireapproval from the respective party to be considered valid.

5.3 The Principal takes care of the required declarations to besupplied by the Principal’s Shipper or Consignee during thefulfilment of the contract at the Place of Loading and Placeof Delivery, and of real actions, such as Delivery and receiptof the goods.

5.4 If agreed between the Principal and the Freight Forwarder,the parties will transmit and receive the shipping details,including the creation of the invoice, by electronic means(electronic data interchange / remote transmission). Thetransmitting party carries the responsibility for the loss,completeness and validity of any sent data.

5.5 In case of an agreement according to clause 5.4 ADSp, theparties ensure that their IT system is ready for operation andthat data can be processed appropriately, including the usualsafety and control  easures, to protect the electronic dataexchange and prevent unauthorized access, modification, lossor destruction by third parties. All parties are obliged to givetimely notification of any changes to their IT systems that

could affect the electronic data interchange.

5.6 Electronic or digital documents, in particular proof of deliveries, shall be considered equal to written documents.Furthermore, each party is entitled to archive written documentationin exclusively electronic or digital format and toeliminate originals, the latter always in consideration of thelegal regulations regarding the same.

6. Packaging and labelling duties of the Principal

6.1 The Principal shall pack the goods, and if required, clearly andpermanently label all Packages with their required identifications,such as addresses, marks, numbers and symbolsrelating to the handling and characteristics of the goods. Oldidentification marks must be removed or garbled. The sameapplies for Packages.

6.2 Furthermore, the Principal is responsible for:

6.2.1 identifying all items belonging to the same shipment, toensure easy recognition,

6.2.2 ensuring that Packages, if required, cannot be accessed withoutleaving external traces.

7. Securing cargo and supervisory duties of theFreight Forwarder

7.1 In all cases where loading and discharge occurs at more thanone location, the Freight Forwarder takes care for the securityof cargo until the last Place of Discharge and at all times, butnot before the completion of loading in a transport safetymanner.

7.2 The Freight Forwarder shall conduct controls at all Interfaces.The Freight Forwarder shall check  completeness and identityof the goods, their apparent good order and condition aswell as all seals and locks and record any irregularities in theaccompanying documents or via separate notification.

8. Receipt

8.1 The Freight Forwarder shall issue a certificate of receipt withreservations noted, if necessary.In case of doubt, the certificate of receipt issued by theFreight Forwarder only confirms the number and type ofPackages, but not their content, value, weight or othermeasurements.

8.2 Previously loaded or sealed loading units, such as containersor swap bodies and previously transmitted data, the accuracyof the certificate of receipt regarding quantity and type ofloaded Packages is vitiated, if the Freight Forwarder notifiesthe Principal on differences (in quantity) or damages, immediatelyafter unloading the loading unit.

8.3 The Freight Forwarder must request proof of Delivery fromthe Consignee in form of a Delivery receipt listing all Packagesas outlined in the order or other accompanying documentation.Should the Consignee refuse to issue a Deliveryreceipt, the Freight Forwarder must request instructions fromthe Principal.

The Principal can demand the Delivery receipt for a period ofone year after the goods have been delivered.

8.4 As receipt for takeover or Delivery of the goods counts anysigned document which gives evidence for fulfilment of theorder, such as Delivery notes, forwarders certificate of receipt,consignment note, sea way bill, consignment bill or a bill oflading.

8.5 The certificate of receipt and Delivery receipt can also beissued electronically or digitally, unless the Principal requeststhe issuing of a consignment note, sea way bill, consignmentbill or bill of lading.

9. Instructions

Upon conclusion of the contract, the Freight Forwarder mustfollow all instructions regarding the cargo, unless carryingout such instructions poses disadvantages to his business ordamages to consignments of other Principals or Consignees.If the Freight Forwarder intents not to follow an instruction,then the Freight Forwarder shall inform the instructorimmediately.

10. Freight payment, cash on Delivery

10.1 Notifications by the Principal to the effect that the ordershould be executed freight collect or for the account of theConsignee or a third party, for example according to Incoterms,do not exempt the Principal from his obligation to paythe Freight Forwarder its remuneration and outlays, includingfreights, customs charges and other expenses. Freight collectinstructions, for example according to section 422 HGB,Article 21 CMR, remain unaffected.

11. Default of loading and Delivery times,demurrage

11.1 In cases where the Principal must load or unload the Vehicle,the Principal has the obligation to do so within the agreed,otherwise within a reasonable loading and unloading time.

11.2 If, in case of carriage of goods by road, the parties agree on aTime Frame or Point of Time or is such notified by the FreightForwarder without objection by the Principal, Shipper or Consignee,the loading and unloading time – irrespective of thenumber of shipments per Place of Loading and Discharge -for full truck loads, but with the exception for bulk goods, forVehicles with 40 tons maximum permissible weight shall be

maximum 2 hours for loading and unloading in general. Thetimes shall be reduced appropriately for Vehicles with a lowermaximum permissible weight in the individual case.

11.3 The loading or unloading time begins with the arrival of theroad vehicle at the designated Place of Loading and Discharge(for example, by notifying the gate keeper), and endswhen the Principal has completed all its duties.

However, if a Time of Performance has been agreed for thearrival of road Vehicles at the Place of Loading and Discharge,the loading and unloading time does not begin before theagreed presentation time.

11.4 In cases where the contractually agreed loading and unloadingtime are not maintained due to reasons beyond theFreight Forwarder’s scope of responsibility, the Principal mustpay the Freight Forwarder the agreed, otherwise commonlyaccepted, demurrage fees.

11.5 The aforementioned provisions apply accordingly, when theFreight Forwarder is obliged to load and unload the goods,and when the Principal is exclusively committed to preparethe goods for loading or to accept them after unloading.

12. Performance hindrances and force majeure

12.1 If the Freight Forwarder is unable to take over the goods,or unable to take them over on time, the Freight Forwardermust immediately notify and seek instruction from thePrincipal. Section 419 HGB applies accordingly. The Principalremains entitled to terminate the Freight Forwarding Contract,whereas the Freight Forwarder is not entitled to ask forcompensation according to section 415 (2) HGB.

12.2 Performance hindrances that do not fall within the scope ofresponsibility of either contracting party, free said parties oftheir performance duties for the duration of the hindranceand the extent of its impact.

Such performance hindrances are defined as force majeure,civil unrest, war or acts of terrorism, strikes and lock-outs,transport route blockades, and any other unforeseeable,unavoidable and serious events.In case of a performance hindrance, the contracting partiesare obliged to notify the other party immediately. Additionally,the Freight Forwarder is obliged to ask the Principal forinstructions.

13. Delivery

13.1 If, after arrival at the Place of Discharge, it becomes apparentthat the unloading cannot take place within the time ofunloading, the Freight Forwarder must immediately notifythe Principal and request for relevant instructions. Section419 HGB applies accordingly.

13.2 If the Freight Forwarder cannot adhere to the agreed Time ofPerformance or – in the absence of an agreement – to a reasonabletime for Delivery, the Freight Forwarder shall requestinstructions from the Principal or the Consignee.

13.3 In cases where the Consignee is absent at the designatedhome, business or shared location address and if the Consigneelives therein, the goods, always assuming there areno obvious doubts regarding the entitlement to receive thegoods of the person in question, may be delivered to:

13.3.1 an adult family member; a family employee; or an adult withpermanent residence at the designated home address,

13.3.2 an employee at the designated business location,

13.3.3 a manager or representative authorised to receive the goodsat the designated shared location.

13.4 In cases where the Freight Forwarder and Principal haveagreed on Delivery without the presentation to an actual person(for example, night, garage or assembly line deliveries),Delivery is deemed to have taken place on the actual physicaldeposit of the goods at the agreed location.

13.5 The Delivery can only take place under supervision of thePrincipal, Consignee or a third party authorised for reception.Clauses 13.3 and 13.4 ADSp remain unaffected.

14. Information and restitution duties of theFreight Forwarder

14.1 The Freight Forwarder has the duty to supply the Principalwith the required information and, upon request, with thestatus of the business as well as to demand accountabilityupon completion. However, the Freight Forwarder is onlyobliged to reveal costs, if the Freight Forwarder works onPrincipal’s account.

14.2 The Freight Forwarder has the duty to give anything to thePrincipal what he has received by carrying out and managingthe business.

15. Warehousing

15.1 The Principal has the duty to pack and mark the goods, if required,and to make available all  documents and informationto the Freight Forwarder for an appropriate storage.

15.2 The Freight Forwarder decides in its sole discretion if warehousingtakes place in its own facilities or, if not otherwiseagreed, those of third parties. Whenever warehousing takeplace at third party warehouses, the Freight Forwarder mustsupply timely information regarding its name and locationto the Principal or, whenever a warehouse warrant has beenissued, to make a note of the information on the same.

15.3 The Freight Forwarder takes care for the duly maintenanceand care of the warehouse and storage space, the driveson the premises and for securing the goods, in particulartheft protection. Additional security measures, for examplemeasures exceeding the statutory fire protection laws, mustbe explicitly agreed.

15.4 Unless otherwise agreed:

15.4.1 takeover of the goods for warehousing begins with theunloading of the goods from the Vehicle by the Freight Forwarderand ends with the completion of the Delivery by theFreight Forwarder.

15.4.2 inventory management is via the Freight Forwarder’s inventoryaccounting,

15.4.3 there is one physical inventory inspection per year. On instructionof the Principal, the Freight  Forwarder shall conductfurther physical inventories against compensation.

15.5 With taking over the goods and if appropriate examinationmeans are available, the Freight Forwarder is obliged toconduct a receiving inspection on types, quantities, marks,numbering, quantities of Packages as well as outer visibledamages according to section 438 HGB.

15.6 The Freight Forwarder shall conduct regular inspections withappropriate personnel for securing the goods.

15.7 In case of stock shortfall and imminent changes at the goods,the Freight Forwarder shall immediately inform the Principaland ask for instructions. Section 471 (2) HGB remains unaffected.

15.8 Additional service and information obligations require anexplicit agreement.

16. Remuneration

16.1 The services according to the Freight Forwarding Contract arecompensated with the agreed remuneration, if this remunerationincludes the costs for transportation and warehousing.Supplemental claims for costs occurred during regular transportationor warehousing and which were not foreseeable

at the time of the offer, cannot be claimed separately, unlessotherwise agreed. Calculation errors are at the expense ofthe calculator. sections 412, 418, 419, 491, 492, 588 until 595HGB and comparable provisions of international conventionsremain unaffected.

17. Compensation claims and right of recourse

17.1 The Freight Forwarder is, if not caused by him, entitled to askfor refund of expenses properly incurred, in particular thoserelating to average contributions, detention or demurragecharges, including additional packaging for protecting thegoods.

17.2 If the Principal instructs the Freight Forwarder to receivegoods and if, on reception of the goods by the FreightForwarder, freight, cash on delivery, customs duties, taxes,or other expenses and charges are demanded, the FreightForwarder is entitled – but not obliged – to pay these costsaccording to the circumstances he has properly assessed, andto claim reimbursement from the Principal, unless otherwise

agreed.

17.3 On request, the Principal must immediately indemnify theFreight Forwarder for expenditures, such as freight, averagecontributions, customs duties, taxes and other feesdemanded from the Freight Forwarder, in particular actingas a person authorised to dispose or as possessor of goodsbelonging to third parties, unless the Freight Forwarder is notresponsible for their accrual.

18. Invoices, foreign currencies

18.1 Remuneration claims of the Freight Forwarder require thereception of an invoice or payment schedule in accordance tostatutory requirements. If not otherwise agreed, the maturityis not dependent on presenting a delivery receipt in case ofan uncontested Delivery.

18.2 Regarding foreign Principals or Consignees, the Freight Forwarderis entitled to ask whether to receive payment in therelevant foreign currency or in Euro (EUR).

18.3 If the Freight Forwarder owes foreign currency or hasadvanced foreign currency amounts, the Freight Forwarderis entitled to ask for payment in either the relevant foreigncurrency or in EUR (EUR). In case of Euro (EUR), currencyconversion is made according to the official exchange rate onthe day of payment, which shall be evidenced by the FreightForwarder.

18.4 Payment according to a credit memo procedure must beexpressly agreed. In case of doubt, all credit memos are tobe issued immediately, upon completion of services. Clause18.1 1st sentence ADSp is not applicable for credit memoprocedures.

19. Set-off, Retention

In the face of claims arising from the freight forwardingcontract and associated non-contractual claims, set-off orretention is only permitted when the claim is uncontested,ready for decision or legally established.

20. Lien and retention rights

20.1 The Freight Forwarder is entitled to secure its demands arisingfrom freight forwarding services according to the legallypermitted regulations regarding lien and retention rights.

20.2 Lien rights can be exercised according to the legally establishedprovisions, providing:

20.2.1 the threat and the required notifications about the lienexercise and the sale of the pledged items by the carrier shallbe forwarded to the Consignee,

20.2.2 the time limit of one month as specified in section 1234 BGBis superseded by a time limit of two weeks.

20.3 The Principal is entitled to prohibit the exercise of the lienby granting an equivalent security for its claims, such as adirectly enforceable bank guarantee.

21. Insurance of goods

21.1 The Freight Forwarder arranges the insurance of the goods(c. f. goods in transit or warehousing insurance) with aninsurer of its choice, when the Principal assigns the FreightForwarder to do so prior to handing over the goods.

21.2 The Freight Forwarder shall arrange insurance for the goods,if this is in the interests of the Principal. The Freight Forwardercan assume that insurance is in the interests of thePrincipal, in particular when:

21.2.1 the Freight Forwarder has arranged insurance for a previousFreight Forwarding Contract for the same Principal in thecourse of an ongoing business relationship,

21.2.2 the Principal has declared a value of the goods for the purposeof insurance.

21.3 The assumption that insurance is in the interest of thePrincipal according to clause 21.2 ADSp can be discounted, inparticular when:

21.3.1 the Principal has prohibited the purchase,

21.3.2 the Principal is a Freight Forwarder, carrier or warehousekeeper.

21.4 In case of purchasing insurance cover, the Freight Forwardershall observe instructions of the Principal, in particular themount insured and risks to be covered. In the absence ofsuch an instruction, the Freight Forwarder must assess thetype and scope of insurance in its sole discretion and purchaseinsurance cover at the usual market conditions.

21.5 If, due to the nature of the goods to be insured, or foranother reason, the Freight Forwarder is unable to purchaseinsurance cover, the Freight Forwarder will notify the Principalimmediately.

21.6 If the Freight Forwarder purchases an insurance after conclusionof the Freight Forwarding Contract and upon instructionof the Principal or recovers a claim or acts otherwise on behalfof the Principal regarding carrying out insurance claimsor averages, the Freight Forwarder is entitled to a reasonable

remuneration according to local standards, otherwise, anappropriate remuneration, in addition to the compensationof its expenses, even in the absence of a prior agreement.

22. Liability of the Freight Forwarder, Subrogationof claims of reimbursement

22.1 The Freight Forwarder is liable for damages according to thestatutory provisions. However, the following provisions shallapply, in as much as they do not contradict mandatory regulations,in particular the law of pre-formulated terms andconditions.

22.2 In all cases, where the Freight Forwarder is fault-based liablefor losses or damages to the goods (“Gьterschaden”) accordingto clause 23.3 and 24, the Freight Forwarder must onlypay the value and reimburse the costs according to sections429, 430, 432 HGB instead of damage compensation.

22.3 In case of inventory divergences, the Freight Forwarder isentitled to balance the inventory with positive stock balancedifferences and stock shortfall of the same Principal for valueevaluation in cases as set out in clause 24 ADSp.

22.5 If the Freight Forwarder has claims, for which the FreightForwarder is not liable for, against a third party in case ofdamages, or in cases when the Freight Forwarder has claimsexceeding the sum for which the Freight Forwarder is liable,the Freight Forwarder must subrogate such claims to thePrincipal upon request, unless the Freight Forwarder has aseparate agreement to pursue claims on behalf and at the

expense of the Principal. sections 437, 509 HGB remain unaffected.

23. Liability limitations

23.1 Except in case of damages during carriage of goods by seaor ordered warehousing, the Freight Forwarder’s liability fordamages to goods is limited according to Section 431 (1), (2)and (4) HGB, to:

23.1.1 8,33 Special Drawing Rights (SDR) for every kg, whenever theFreight Forwarder is:

- a carrier, as defined by Section 407 HGB,

- acting as principal (“Spediteur im Selbsteintritt”), fixedcosts freight forwarder (Fixkostenspediteur) or consolidator(“Sammelladungsspediteur”), according to sections 458 to460 HGB or

- care, custody and control Freight Forwarder (“Obhutsspediteur”)according to Section 461 (1) HGB.

23.1.2 2 instead of 8.33 SDR for every kg, whenever the Principalhas agreed to a Freight Forwarding Contract which is subjectto a variety of transport means and includes carriage ofgoods by sea and an unknown damage place. In case of a known damage place, the liability according tosection 452a HGB is subject to the liability exclusion andliability limitation of the ADSp.

23.1.3 Whenever Freight Forwarder’s liability according to clause23.1.1 ADSp exceeds an amount of EUR 1,25 millionper Damage Case, this liability is furthermore limited toEUR 1,25 million per Damage Case, or to 2 SDR for everykg, whichever amount is higher.

23.2 The liability of the Freight Forwarder for damages to thegoods in its custody for Freight Forwarding Contracts whichare subject to carriage of goods by sea and cross-bordertransportation is limited to the maximum statutory liabilityamount. Clause 25 ADSp remains unaffected.

23.3 For all cases out of scope of clauses 23.1 and 23.2, such assection 461 (2) HGB, 280 ff BGB, the liability of the FreightForwarder for damages to goods is limited according toSection 431 (1), (2) und (4) HGB to a maximum of:

23.3.1 2 SDR per kg for Freight Forwarding Contracts relating tocarriage of goods by sea or a transportation by a variety oftransport means, but including carriage of goods by sea,

23.3.2 8.33 SDR per kg for all other Freight Forwarding Contracts.

23.3.3 Furthermore, the Freight Forwarder’s liability is limited tothe maximum amount of EUR 1,25 million for each case ofdamage.

23.4 The liability of the Freight Forwarder for all other damagesthan damages to the goods with the exception of damagesduring ordered warehousing or damages to personal injuryor goods of third parties is limited to three times the amountthat would be payable for the loss of goods according toclauses 23.3.1 or 23.3.2 ADSp. Furthermore, the FreightForwarder’s liability is limited for each case of damage to themaximum amount of 125,000 Euros.

23.4.1 Sections 413 (2), 418 (6), 422 (3), 431 (3), 433, 445 (3), 446(2), 487 (2), 491 (5), 520 (2), 521 (4), 523 HGB as well as anyrelevant liability provisions in international conventions shallremain unaffected.

23.4.2 Clause 23.4 ADSp is not applicable on statutory provisions,such as Article 25 Montreal Convention (MC), Article 5 Rиglesuniformes concernant le Contrat de transport internationalferroviaire des marchandises (CIM) or Article 20 Conventionde Budapest relative au contract de transport de  marchandisesen navigation intйrieure (CMNI), which extend FreightForwarder’s liability or permit to extend.

23.5 If Freight Forwarder’s liability according to Articles 23.1, 23.3and 23.4 ADSp exceeds the amount of EUR 2,5 million perDamage Event, then Freight Forwarder’s liability is, irrespectiveof how many claims arise from a single Damage Event,further limited to a maximum amount of EUR 2,5 millionper Damage Event or to 2 SDR per kg for lost or damagedgoods, whichever amount is the higher. When there is more

than one claimant, the Freight Forwarder’s liability shall beproportionate to individual claims.

24. Liability limitations for ordered warehousing, inventories and declaration of value

24.1 In the case of ordered warehousing, the liability of theFreight Forwarder for damages to goods is limited to:

24.1.1 8.33 SDR for every kg corresponding to 431 (1), (2) and (4)HGB,

24.1.2 a maximum of EUR 35,000 per Damage Case.

24.1.3 70,000 Euros per year, in cases where the damage claimedby the Principal bases, contrary to clause 24.1.2 ADSp, on adifference between calculated stock and actual stock of theinventory, irrespective of the amount and type of inventorytaking and the amount of Damage Cases causing the differencein inventory.

24.2 Upon payment of an agreed supplement and prior to warehousingof goods, the Principal can specify a value in textform for an increased liability that differs from the maximumamounts stipulated in clause 24.1. In this case, the specifiedvalue replaces the relevant maximum amount.

24.3 In case of warehousing upon instruction, the Freight Forwarder’sliability for other damages, excluding damages topersonal injury or goods of third parties, is limited to EUR35,000 per case of damage.

24.4 In case of warehousing upon instruction, but excluding personalinjury or damages to goods of third parties, the FreightForwarder’s liability is always limited to EUR 2,5 million perDamage Event, irrespective of how many claims arise from asingle Damage Event. When there is more than one claimant,the Freight Forwarder’s liability shall be proportionate toindividual claims. Clause 24.2 ADSp remains unaffected.

25. Exclusion of liability for carriage of goods bysea and inland waterway transportation

25.1 In accordance with section 512 (2) No. 1 HGB, it is agreedthat:

The Freight Forwarder in its position as carrier is not responsiblefor any fault or neglect on the part of its servants or ofthe ship’s company, insofar as the corresponding damage wascaused in the course of steering or otherwise operating theship, or was caused by fire or explosion on board the ship and

the measures taken were not predominantly for the benefitof the cargo.

25.2 According to Article 25 (2) CMNI it is agreed that the FreightForwarder in its position as carrier or actual carrier is notliable for damages:

25.2.1 caused by an act or omission by the master of the vessel, thepilot or any other person in the service of the vessel, pusheror tower during navigation or in the formation or dissolutionof a pushed or towed convoy, provided that the FreightForwarder complied with the obligations set out for the crewin Article 3 (3) CMNI, unless the act or omission results froman intention to cause damage or from reckless conduct with

the knowledge that such damage would probably result,

25.2.2 caused by fire or an explosion on board the vessel, where it isnot possible to prove that the fire or explosion resulted froma fault of the Freight Forwarder or the actual carrier or theirservants or agents or a defect of the vessel,

25.2.3 the defects existing prior to the voyage of his vessel or of arented or chartered vessel if he can prove that such defectscould not have been detected prior to the start of the voyagedespite due diligence.

25.3 Clause 22.4 ADSp remains unaffected.

26. Non-contractual liability

In accordance with sections 434, 436 HGB, the abovementioned liability exclusions and limitations also apply tonon-contractual claims. Clause 23.4.1 ADSp applies accordingly.

27. Qualified fault

27.1 Liability exclusions and limitations listed in clauses 22.2, 22.3,23.3 and 23.4 in conjunction with 23.5, 24 as well as 26 ADSpdo not apply when the damage has been caused by:

27.1.1 intent or gross negligence of the Freight Forwarder or vicariousagents or

27.1.2 infringement of Material Contractual Obligations, wherebysuch claims are limited to predictable and typical damages.

27.2 Divergent from clause 27.1.2 ADSp, the liability limitations ofclause 24.1 and 24.2 ADSp only apply in case of gross negligentor intentional infringements of material contractualduties.

27.3 Sections 435, 507 HGB remains applicable within their scopeof application.

27.3 Clause 27.1 ADSp is not applicable on statutory provisions,such as Article 25 MC, Article 36 CIM or Article 20, 21 CMNI,which extend Freight Forwarder’s liability, allows extending orexpanding the imputation of fault of servants or third parties.

28. Liability insurance of the Freight Forwarder

28.1 The Freight Forwarder is obliged to purchase and maintainliability insurance at the usual market conditions with aninsurer of his choice that, as a minimum, covers the ordinaryliability amounts of its freight forwarding liability accordingto ADSp and statutory provisions. The agreement of maximuminsurance amounts per Damage Case, Damage Eventand year is permitted as well as the agreement of reasonable

deductibles for the Freight Forwarder.

28.2 Upon request, the Freight Forwarder is obliged to provideevidence of the liability insurance and its validity by presentationof an insurance confirmation within a reasonableTime Frame. In absence of such a presentation, the Principalis entitled to terminate the Freight Forwarding Contractextraordinarily.

28.3 The Freight Forwarder is only entitled to rely on the liabilitylimitations of the ADSp, when the Freight Forwarder providesan appropriate insurance cover at the time of order.

29. Liability of the Principal

29.1 The liability of the Principal pursuant to sections 414, 455,468, and 488 HGB is limited to EUR 200,000 per DamageEvent.

29.2 The aforementioned liability limitation does not apply in caseof personal injuries, such as injury of life, body and health, ifthe damage was caused by gross negligence or wilful intentof the Principal or its vicarious agents, or infringement ofMaterial Contractual Obligations, whereas the latter is limitedto predictable and typical damages.

30. Applicable law , place of fulfilment, place ofjurisdiction

30.1 The legal relationship between the Freight Forwarder andPrincipal is governed by German law.

30.2 The place of fulfilment for all involved parties is the locationof the Freight Forwarder’s branch office dealing with theorder or the enquiry.

30.3 The place of jurisdiction for all disputes and all involved partiesarising from the Freight Forwarding Contract, an enquiryor in relation to it, is the location of the Principal or FreightForwarder’s branch office dealing with the order or enquiry,as far as all these parties are merchants. The aforementioned

place of jurisdiction shall be deemed as an additional placeof jurisdiction pursuant to Article 31 CMR and Article 46 § 1CIM, but not in case of Article 39 CMR, Article 33 MC, Article28 Convention for the Unification of certain rules relating tointernational carriage by air (WC).

31. Confidentiality

31.1 Contractual parties are obliged to maintain confidentialityregarding all unpublished information received during theexecution of the freight forwarding contract. This informationcan only be used for the exclusive purpose of contractfulfilment. The parties shall commit other legal persons withan equivalent confidentiality obligation, if these legal personsare deployed for contract fulfilment.

32. Compliance

32.1 The Freight Forwarder shall comply with minimum wage provisionsand minimum conditions for workplaces and confirmsthe compliance in text form upon request of the Principal.The Freight Forwarder indemnifies the Principal for its liabilityfor minimum wages, if the Freight Forwarder, its subcontractor

or hirer during the course of fulfilment of the FreightForwarding Contract, does not pay the minimum wages andthe Principal is demanded to pay.

32.2 The Freight Forwarder shall ensure in case of transportationservices, that its executing subcontractor

32.2.2 deploys driving personnel, which comply with the requirementsof section 7 (1) Gьterkraftverkehrsgesetz (GьKG), ifapplicable,

32.2.3 upon request provides all documents, which must be carriedduring transportation according to statutory provisions,when the Principal or third parties must comply with statutorycontrolling obligations,

32.3 In case of transportation, the Freight Forwarder or its executingsubcontractor is obliged to organise the activities ofits driving personnel according to the compulsory working,driving and recreation times. During the driving of Vehicles,alcohol and drugs are generally prohibited.

32.4 Both contracting parties commit to carrying out theircontractual duties and to act according to the legal regulationscovering their business and to support and obey theprinciples of the United Nations Global Compact (UNGC), theUnited Nations Declaration of Human Rights, and the Declarationof the International Labour Organization regardingthe 1998 Declaration on Fundamental Principles and Rightsat Work, in accordance with national laws and customs. Inparticular, both parties will commit to:

32.4.1 no child or forced labour,

32.4.2 comply with the relevant national laws and regulationsregarding working hours, wages, salaries and to comply withany other obligations for employers,

32.4.3 to comply with the current regulations on health and safetyat work, and to provide a safe and healthy workplace to ensurethe health of employees and to avoid accidents, injuriesand work-related illness,

32.4.4 prohibit all discrimination based on race, religion, disability,age, sexual orientation or sex,

32.4.5 comply with international standards on corruption, such asthose published in UNGC and to adhere to local anti-corruptionand bribery laws,

32.4.6 adhere to all current environmental protection laws andregulations,

32.4.7 engage its business partners and subcontractors according tothe aforementioned principles.

 

SOURCE: ADSp 2017

 

MANAGING THE IMPACT OF MIGRATION ON ROAD HAULAGE
15.02.2016

MANAGING THE IMPACT OF MIGRATION ON ROAD HAULAGE

CLECAT: has been invited to a technical working group organised by DG MOVE to discuss possible measures to help the responsible actors in the sector (drivers, company and fleet managers, sub-contractors, other third parties) and also those in the public sector to better protect their assets and prevent the non-intentional facilitation of migrant smuggling.

Industry has reported on the huge impact that the migrant crisis affecting the EU has had upon the private road transport sector over the last year. This is a result of the large numbers of migrants trying to access Lorries to be carried without detection across Member States borders where controls are in place, both existing Schengen zone external borders and across temporary internal borders. There have been numerous attacks on lorry drivers themselves as well as repeated and well-coordinated attempts to access vehicles queuing to pass border controls. The unauthorised intrusion of so many migrants has resulted in millions of euros of damages to the sector in the last year including damage to both vehicles and goods and delayed or ruined shipments.

AMCHAM CALLS FOR SIMPLIFYING CUSTOMS PROCEDURES TO PROMOTE ECOMMERCE & TRADE
02.02.2016

AMCHAM CALLS FOR SIMPLIFYING CUSTOMS PROCEDURES TO PROMOTE ECOMMERCE & TRADE

On Tuesday 26 January,CLECAT participated at a meeting of AmCham EU’s Customs and Trade Facilitation Committee. The Committee launched its new publication entitled ‘CONNECTING THE WORLD: STREAMLINING CUSTOMS PROCEDURES BENEFITS CONSUMERS AND STIMULATES THE ECONOMY’. The brochure was designed to provide policy-makers with recommendations for developing a more simple, clear and effective EU customs framework to boost trade and create growth.

Vicky Ford, MEP (ECR, UK) and Chair of the Internal Market and Consumer Protection (IMCO) Committee, delivered the keynote address, in which she underlined how efficient and streamlined customs are vital to strengthening the economy. She also spoke about the importance of the UK remaining a committed and active member of the EU, discussing the risks of leaving the EU single market.

Rich Moore, Vice President, UPS Europe Region Operations, then presented a business case study to illustrate how simplified customs procedures could benefit SMEs and larger companies alike.

Continue reading

2016, INTERNATIONAL YEAR OF DIGITAL CUSTOMS
02.02.2016

2016, INTERNATIONAL YEAR OF DIGITAL CUSTOMS

CLECAT:On the 26th of January, the World Customs Organisation officially launched the Year of Digital Customs under the slogan “Digital Customs: Progressive Engagement”. This year, Customs administrations are encouraged to actively showcase and promote their use of Information and Communication Technologies (ICT).

On behalf of the European Commission, Mr Stephen Quest, Director-General for Taxation and Customs Union, wrote a statement in which he welcomes the importance given to Information Technology in the context of customs and trade future developments. Mr Quest declares that “in the European Union (EU), the coming years will see the development of many new electronic Customs Systems to support changes introduced by our new Customs legislation. All 28 EU Member States will need to use this new technology to secure the implementation of the mandatory changes. We have already created the EU Customs Data Model, which will provide a single source to publish the required data and data exchanges in a format suitable for immediate use by the EU Member States. This EU Customs Data Model is fully aligned with the WCO Data Model”.

Mr Quest’s statement is availableHERE.

UCC TRANSITIONAL DELEGATED ACT
02.02.2016

UCC TRANSITIONAL DELEGATED ACT

On 25th January the European Parliament IMCO received the Commission presentation of its delegated Regulation on the transitional rules for certain provisions of the UCC where the relevant electronic systems. The discussions will continue with a particular focus on the UCC Work Programme draft legislative and CLECAT will again actively participate in the discussions through the TAXUD Trade Contact Group.

EU COMMISSION PROPOSAL ON CUSTOMS INFRINGEMENTS AND SANCTIONS
02.02.2016

EU COMMISSION PROPOSAL ON CUSTOMS INFRINGEMENTS AND SANCTIONS

CLECAT: The European parliament IMCO Committee has recently published a report on the analysis and effects of the different Member States customs sanctioning systems. The study provides an analysis of the effects of the present divergence of the customs sanctioning systems of the Member States of the EU, as well as of the proposal of the European Commission for a Directive to harmonise the customs infringements and sanctions.

Some key recommendations and conclusions issued take up on CLECAT presentations to both the IMCO Committee public hearing in early 2015 and the recent EU Commission workshop held in November 2015. The study contains a number of conclusions and recommendations (by the independent authors), chiefly but not only:

-Amend the scope of the draft Directive to include only non-criminal sanctions;

- The Directive should also cover the wide range of enforcement issues including control;

- It should be clear that in the absence of guilt, sanctions should not apply and

- The level of sanction imposed should be based in certain cases where the level of duty evaded can be calculated.

 CLECAT will continue to monitor the developments as the draft Directive is currently under discussion in the Council and Parliament.

UCC IMPLEMENTING ACT AND DELEGATED ACT / EU COMMISSION PROPOSAL ON CUSTOMS INFRINGEMENTS AND SANCTIONS
05.01.2016

UCC IMPLEMENTING ACT AND DELEGATED ACT / EU COMMISSION PROPOSAL ON CUSTOMS INFRINGEMENTS AND SANCTIONS

 

CLECAT- NEWS FROM BRUSSELS :

 

UCC IMPLEMENTING ACT AND DELEGATED ACT

On 29 December 2015, the UCC Implementing Act and UCC Delegated Act have been published in the Official Journal of the European Union. The provisions of these Regulations would enter the 1st of May 2016 in order to enable the full application of the Union Customs Code.

The UCC Implementing Act and UCC Delegated Act are available HERE.

Please note, as stated in the CLECAT Newsletter 2015/46, that EU Commission made also available online the Transitional rules for the Union Customs Code. The text is available HERE.

The next stage of the adoption process for the Transitional Delegated Act is to see if there are any objections from the European Parliament and Council. The transitional rules will apply from 1 May 2016 until the respective IT system has been updated or deployed. Consistent with Article 279 of the UCC, the last system will be deployed at the end of 2020.

 

EU COMMISSION PROPOSAL ON CUSTOMS INFRINGEMENTS AND SANCTIONS

The current proposal on customs infringements and sanctions (available HERE) will be subject to an exchange of views at the upcoming meeting of the European Parliament Internal Market Committee on 14 January 2016. The deadline for tabling amendments to the Commission proposal is set at 16 March 2016.

CLECAT: EUROPEAN COMMISSION EXPECTS THE UCC IA/DA TO BE ADOPTED SOON
26.10.2015

CLECAT: EUROPEAN COMMISSION EXPECTS THE UCC IA/DA TO BE ADOPTED SOON

CLECAT has been informed by DG TAXUD that no objection had been raised by the European Parliament and the Council regarding the UCC Delegated Act. Neither the EP nor the Council have asked for an additional two months for review. Both the EP and Council had the possibility to reject the proposed Delegated Act until the 21st of October 2015.

The Commission is now expecting the adoption of the Implementing Act by Member States in the coming weeks. A final draft has been circulated amongst national administrations for consideration and will be discussed in the Customs Code Committee on the 29th and 30th of October. According to the Commission, some minor changes may be included but nothing of substance.

The Commission foresees the formal adoption of the Implementing Act by the Customs Code Committee on the 6th of November. The IA/DA will then be translated and is expected to be ready for publication before the end of 2015.

 GUIDANCE GIVEN BY THE VAT COMMITTEE ON “DISTANCE SELLING”

The VAT Committee has published an updated version of its Guidelines which includes its clarifications on “Distance selling” (art. 32, 33, 34 of the VAT Directive). The VAT Committee gives its opinion on the cases where the goods are considered as having been “dispatched or transported by or on behalf of the supplier”. It also gives examples on cases where the supplier is considered as having intervened indirectly in the dispatch or transport of goods.

As a reminder, the VAT Committee was set up under the VAT Directive to promote the uniform application of the provisions of the VAT Directive. Because it is an Advisory Committee only and has not been attributed any legislative powers, the VAT Committee cannot take legally binding decisions. It can however provide guidance on the application of the Directive.

The updated Guidelines are available HERE. The clarification on “Distance selling” can be found p. 200 (last page of the document).

Transport: Commission launches infringement case on the application of the German Minimum Wage law to the transport sector
20.05.2015

Transport: Commission launches infringement case on the application of the German Minimum Wage law to the transport sector

European Commission – Press release- http://europa.eu/rapid/press-release_IP-15-5003_en.htm?locale=en

Strasbourg, 19 May 2015

The European Commission decided today to launch an infringement procedure against Germany, concerning the application of the Minimum Wage Act to the transport sector. Following an exchange of information with the German authorities and a thorough legal assessment of the German measures, the Commission has sent a Letter of Formal Notice to Germany. This constitutes the first step in the infringement procedure.

Whilst fully supporting the introduction of a minimum wage in Germany, the Commission considers that the application of the Minimum Wage Act to all transport operations which touch German territory restricts the freedom to provide services and the free movement of goods in a disproportionate manner.

In particular, the application of German measures to transit and certain international transport operations can in the Commission’s view not be justified, as it creates disproportionate administrative barriers which prevent the internal market from functioning properly. The Commission considers that more proportionate measures are available to safeguard the social protection of workers and to ensure fair competition, whilst allowing for free movement of services and goods.

What are the next steps: The German authorities now have two months to respond to the arguments put forward by the Commission, in the letter of formal notice.

The Commission’s letter of formal notice only concerns the specific case of the German law and is without prejudice to further initiatives that the Commission may take to clarify the rules, for example in the context of the labour mobility package scheduled for adoption later this year.

Background

The Commission supports the introduction of minimum wage in Germany, which is in line with the social policy commitment of this Commission. However, as Guardian of the Treaties, the Commission must also ensure that the application of the national measures is fully compatible with EU law, notably the posting of workers directive (Directive 96/71/EC), transport acquis and the Treaty principle of freedom to provide services, the free movement of goods, and having regard to the principle of proportionality.

Germany is the 22nd country in the EU which introduced a minimum wage. The law entered into force on 1 January 2015. The German minimum wage is set at €8.50 per hour. The law also applies to companies outside of Germany which provide services in Germany. Companies outside Germanyin certain sectors, including transport are obliged to notify the German customs authorities via specific forms provided by the German authorities. The German customs authorities are competent for controlling the execution of such notifications. Penalties for a breach of these notification obligations can be as high as €30 000, and €500 000 in case where the remuneration paid does not comply with the German law.

 

EU CUSTOMS COOPERATION WITH GEORGIA, REPUBLIC OF MOLDOVA AND UKRAINE
03.04.2015

EU CUSTOMS COOPERATION WITH GEORGIA, REPUBLIC OF MOLDOVA AND UKRAINE

 CLECAT:

On 1 April 2015, the European Commission (DG TAXUD) opened a new webpage dedicated to the Association Agreements signed between the EU and Georgia, Moldova and Ukraine in 2014. The webpage provides the complete Association Agreements and the agendas describing the agreed priorities for the period 2014-2016.

The Commission also published the Strategic Frameworks endorsed by the EU together with Georgia, Moldova and Ukraine. These Frameworks are the basis for the customs cooperation between the EU and these countries. They are based on priorities such as safe and fluid trade lanes, risk management and fight against fraud, and investment in customs modernization.

The medium-term priorities for Georgia, Republic of Moldova and Ukraine will be accession to the Regional Convention on pan-Euro-Mediterranean preferential rules of origin, the Convention on a common transit and implementation of the Authorised Economic Operator schemes.

See also DG TAXUD’s WEBPAGE on the Customs cooperation with Georgia, Republic of Moldova and Ukraine (http://ec.europa.eu/taxation_customs/customs/policy_issues/international_customs_agreements/geomoldukr/index_en.htm ).

NEWS FROM BRUSSELS
24.01.2015

NEWS FROM BRUSSELS

CLECAT:CUSTOMS

REVISED VERSION OF THE WCO SAFE FRAMEWORK OF STANDARDS

The WCO has recently confirmed that a new version of SAFE Framework of Standards is foreseen for 2015. Adopted in 2005 to secure and facilitate global trade, the WCO adopted various revised versions of the SAFE Framework. In 2007, there was the incorporation into its text of detailed provisions on conditions and requirements for Customs and Authorized Economic Operators (AEO), initially developed in a separate document. In 2010 the WCO issued its SAFE Package which brought together all WCO instruments and guidelines that support implementation of the SAFE Framework.

While today the SAFE Framework rests on two pillars of Customs-to-Customs network arrangements and Customs-to-Business partnerships, the new revised version will incorporate a third pillar on Customs-to-other government agencies cooperation as well as pre-loading air cargo information.

CLECAT MEETS RAPPORTEUR ON THE UCC DAS

MEP Philippe Juvin, Rapporteur on the Union Customs Code (UCC) Delegated Acts (DAs) at the European Parliament organized three meetings with the Trade Contact Group (TCG) and DG TAXUD representatives to discuss and review positions on the Das.

The last meeting was held on 19th January 2015 in the European Parliament in the presence of the Shadow Rapporteurs and a delegation of the DG TAXUD including the Director of the Customs Directorate Mr Kermode. CLECAT and other members of the TCG had the opportunity to highlight the problems that economic operators face with regards to the DAs.

CLECAT PARTICIPATES IN AMCHAM MEETING ON SECURITY

CLECAT participated this week in a conference hosted by AmCham on ‘Facilitating Secure Trade and Economic Growth- Customs and Border Security Risk Management.’ The conference started with an opening address by Heike Barczyk, Deputy Director Compliance and Facilitation, World Customs Organization, who discussed among other issues SAFE framework of standards, coordinated border management system and how to ensure the security of EU citizens by providing them with genuine goods. Following the opening address there was a panel discussion on how customs can contribute to the secure, safe and business continuity in the supply chain. The panel focused on the importance of a balance between trade facilitation and security. Panellists also discussed how advanced data and IT solutions can help to facilitate trade. The keynote speaker was Heinz Zourek, Director General, DG Taxation and Customs Union, European Commission. He provided insight on the harmonised VAT reform and the need for IT solutions, benefits for the Authorised Economic Operators and the growing influx of counterfeited goods from both outside and inside Europe.

UCC DELEGATED ACTS – EP IMCO COMMITTEE
13.12.2014

UCC DELEGATED ACTS – EP IMCO COMMITTEE

CLECAT and other Members of the ‘Trade Contact Group’ (TCG) had the opportunity last week to discuss the Commission’s second draft of the UCC (Union Customs Code) DA (delegated acts) with the political advisors and assistants of the rapporteur the shadow rapporteurs for the IMCO Committee of the European Parliament. This was the second of three sessions. The first session was held on 4 November. The third session will be held on 19 January 2015 on the basis of the new draft (version 3) which should be available by then.

It is recalled that the UCC delegated act enters into force only if no objection has been expressed either by the European Parliament or the Council within two months of notification of that act to the European Parliament and the Council. That period may be extended by two months at the initiative of the European Parliament or of the Council. The meetings concerned anticipate the formal notification of the text.

 

TIR CARNETS CONTINUES IN THE TRAFFIC BETWEEN FINLAND AND RUSSIA
13.12.2014

TIR CARNETS CONTINUES IN THE TRAFFIC BETWEEN FINLAND AND RUSSIA

CLECAT has been informed by the Finnish Freight Forwarders Association on a note from Finnish Customs confirming that the TIR procedures can be started in Finland in the normal way also for TIR transports ending in Russia. Also transports arriving from Russia are handled normally, provided that the customs service of another country (for example Russia) has used a TIR customs guarantee document (TIR Carnet) as a transit document in its own territory.

According to information from Finnish border customs offices, TIR transports are moving through all border customs offices in the usual way, and the Russian authorities have not demanded any additional guarantees when the guarantee of 60 000 euros included in a TIR Carnet has been sufficient for covering possible taxes and charges in Russia. Finnish Customs will notify the public of any possible changes.

GENERAL TERMS AND CONDITIONS FOR CUSTOMS REPRESENTATION
20.11.2014

GENERAL TERMS AND CONDITIONS FOR CUSTOMS REPRESENTATION

NATIONAL ORGANIZATION OF CUSTOMS AGENTS

 2014

GENERAL TERMS AND CONDITIONS FOR CUSTOMS REPRESENTATION

 

In its activity the members of the National Organization of Customs Agents are required to comply with the provisions of these General terms and conditions for customs representation (GTCCR) whose objectives are:

 Ensuring protection of the interests of persons (Customers) represented by Customs officials before the relevant Customs authorities;

  • Creating conditions for the development of a stable, transparent, efficient and competitive market of services provided by Customs Agents;
  • Determination of the general terms and conditions for representation before the Customs authorities;
  • Introduction of general ethical standards and uniform practices of behavior of the Customs Agent;
  • Providing professional service to Customers based on honest and honorable intentions.

 

These GTCCR are drawn up in compliance with the good European practices and firm policies. They regulate the desire for self-regulation of economic operators;

These General terms and conditions contain the following sections:

  1. Definitions and abbreviations;
  2. Subject, scope and application;
  3. Inquiry for orders, offers, orders and instructions;
  4. General obligations of the Customs Agent;
  5. General obligations of the Customer;
  6. Specific conditions regarding the commodities of special properties;
  7. Customs clearance;
  8. Limitation of liability of Customs Agent;
  9. Reclamations;
  10. Payment of expenses and remuneration of the Customs Agent;
  11. Lien and disposal of commodities and documents;
  12. Ethical practices and principles of the Customs Agent;
  13. Final provisions;

 

I. DEFINITIONS AND ABBREVIATIONS

Article 1: Used definitions and abbreviations in the text of these General terms and conditions for Customs representation have the following meaning:

  1. General terms and conditions for Customs representation further in the text are abbreviated as GTCCR.
  2. Customs Agent – shall be the proxy (natural person, natural person-entrepreneur or legal entity) who implements direct or indirect representation before the Customs authorities for documental clearance of goods / cargo, whose powers, duties, responsibilities, limits of representative authority and status are subject to regulation in these GTCCR. Representation is direct when the customs agent is acting on behalf and at the expense of another person or indirectly, when the Customs Agent is acting on his/her own behalf but at the expense of another person.
  3. Services – activity of the Customs Agent against payment for carrying out the direct or indirect representation at the expense of the Customer before the Customs authorities, as well as providing other services related to the implementation representation and operation under the Customs procedure of goods (non-exhaustively listed in Section II of these GTCCR).
  4. Customer – shall be any person for whose expense and/or in whose favor or upon whose assignment the Customs Agent is caring out services pursuant to these GTCCR.
  5. Owner of the goods – shall be any person who has the power of disposal in respect of the goods and the packaging.
  6. Party/third party – shall mean any natural person or entity different from the persons for which this section specifically introduces terms, definitions and abbreviations as well as its legitimate representatives and proxies, including state, governmental and municipal financial, administrative, taxation and other authorities and institutions within the country and abroad, including ministries, embassies, consular offices, regional governors, municipal councils, mayors, directorates, etc.
  7. Commodity – shall be an item or a set of items in the context of which there arise legal relationships between the Customs agent and the Customer being a subject of regulation under these GTCCR.
  8. Hazardous commodities – shall be commodities whose content manipulation or Customs clearance are regulated as hazardous or embargoed by the legislation of the EU, Republic of Bulgaria and/or by the applicable international provisions.
  9. Instructions – shall be all general and specific written requirements that the customer has clearly stated by and Customs Agent accepted for performance. If any of the written requirements of the Customer conflicts with overriding statutory provisions, it is presumed that in the instructions the same shall be entitled to be replaced by the relevant mandatory rules, without the need for an explicit reference about it.

 

II. SUBJECT AND SCOPE OF APPLICATION

Article 1: (1) These General terms and conditions for customs representation (GTCCR) govern the terms and responsibilities of the parties in the provision of services within the meaning of the same, including:

  1. Manifesting and placing goods under a customs procedure: import / admission of free circulation, transit, customs warehousing, inward processing, processing under customs control, temporary admission, outward processing, temporary exports and imports;
  2. Provision on the client’s account of duties, taxes and other public charges regarding the goods in relation to which the services are provided under these GTCCR;
  3. Implementation of other activities in connection with placed under Customs control goods including: entering into a free zone or free warehouse; re-exporting outside Customs territory of the Community; destruction/abandonment in favor of the state, under the supervision of the Customs authorities; depositing of requests to use simplified procedures for admission of free of import duties, extension of time-limits for more favorable tariff treatment for movements of goods; release, transfer or receipt of deposits or amounts unduly paid; signing, filing and obtaining electronic and paper documents, statements and information regarding products and their status, performing actions to register the EORI-number; receipt of orders for compulsory collection of public receivables for interim measures, audit acts, acts of administrative violations, etc.

(2) Customs Agent shall provide the services, subject to these GTCCR:

1. Against payment of remuneration to the customer, representing the cost of provided services;

2. In the presence of an express written agreement between the Customer and the Customs Agent representing confirmed implementing order / act or assignment of a separate contract, an integral part of which shall be the current GTCCR;

3. As a separate service or in the context of a framework agreement.

Article 2: Application

  1. All activities carried out by the Customs Agent related to provision of services shall be subject to the regulations of the current GTCCR, so far as they are not contrary to the mandatory rules of law, and provided the parties expressly and in writing have not agreed otherwise.
  2. The Customer shall unconditionally accept that by assigning the performance of services to the Customs agent a contract is concluded between the Customer and the Customs Agent which shall be an integral part of these GTCCR.

Article 3: In the event that legislation or court decision specifically requires restricting the rights and / or increasing the liability of Customs Agent compared to referred in these GTCCR, the same should derogate the relevant conflicting parts only and as far as its application is mandatory.

 

III. INQUIRY FOR QUOTATIONS, ORDERS AND INSTRUCTIONS

Article 1: The Customer shall make an inquiry in writing to the Customs representative about the conditions under which the Customs Agent may grant him/her specific service/s (Inquiry about an order). Data for any inquire about order should obligatory contain: Customs authority, before which the representation is carried out, Customs procedure which is expected to be activated / completed, other relevant and specific characteristics of the services to be provided, date and place of their realization, identification of goods and persons on behalf and at the expense of whom actions are to be taken. If the information is incomplete, inadequate, unclear or contradictory the Customs agent shall be entitled to require the Customer to make further written clarifications as well as directly to refuse the eventual order.

Article 2: VALIDITY OF PRICES AND OFFERS

  1. Offers made by the Customs Agent for implementation of the services under these GTCCR in response to a specific inquire about an order shall be valid if taken immediately by the Customer and are not binding on the Customs Agent, if not immediately accepted by the person to whom they are addressed.
  2. Occurred changes in the conditions which are beyond the control of the Customs Agent or when the latter becomes aware of circumstances which have not been announced in advance by the Customer, the Customs Agent shall be entitled to make changes to presented offers as well as to withdraw the same.
  3. The prices quoted in the Customs agent’s offers apply only to perform specifically listed in them activities and services and with regard to standard and safe products.
  4. Contract performance assumes the existence of normal operating conditions for contractual services and preserving of these conditions under which the contract has been concluded during the whole period of its implementation.

Article 3: ORDERS

  1. The execution of agreed actions for implementation of services pursuant to these GTCCR has started after the confirmation of performance of a particular order by the Customer and after the provision of all documents, data and instructions necessary for the proper implementation of contracted service. In addition to data contained as a mandatory requisite within the inquiry about an order so as to consider it validly made, the Order should contain information about: type of goods, tariff number, invoice amount, number, as well as to be addressed in writing to the Customs Agent no later than 2 days before the date on which the latter is to make the initial action of performance of the assigned. An integral part of confirmed for implementation order is the current version of these GTCCR.
  2. The Customs Agent shall be entitled to refuse fulfillment of confirmed for implementation orders if the Customer has outstanding monetary obligations to him, regardless of their origin, and if there is a reason to believe that a full and accurate payment of remuneration and its costs are not guaranteed.
  3. If the Customer withdraws the confirmed for performance order the Customs Agent shall be entitled to receive the agreed remuneration in full and if the same is not regulated – the usual amount payable under the provision of such a service and shall be entitled to be reimbursed for all costs incurred in connection with performed services up to that point.
  4. Unless there is a confirmed order for performance under this provision, the relationship between the Customs Agent and the Customer regarding the services being subject to these GTCCR may arise on the basis of explicit bilateral agreement signed between them, including – a framework contract and further explicit requests for each service. The current version of these GTCCR shall be an integral part of the explicit agreement signed between the Customs Agent and the Customer.

Article 4: INSTRUCTIONS

  1. The Customs Agent shall be obligated to act on the instructions of the Customer when they are regular. Instructions shall be considered regular when they are timely given in writing by the Customer or by his/her duly authorized legal representatives and shall contain complete, accurate, clear, specific, enforceable guidelines and requirements, and be not inconsistent with these GTCCR or mandatory normative regulations.
  2. Received regular instructions shall be accepted as final authority from the Customer to the Customs Agent to perform the services for which reason the instructions are given, while the volume of powers is not expressly regulated by the Parties in confirmed for implementation order or contract.
  3. If instructions are considered incomplete, inaccurate, vague, unenforceable or illegal, the Customs Agent shall be obligated to notify the Customer of the irregularity, as in this case the former is entitled to suspend the fulfillment of the assumed obligations until the receipt of subsequent regular instructions.
  4. The Customs Agent may deviate from the instructions of the Customer if necessary to safeguard the interests of the latter and / or to comply with the customs requirements and regulations.
  5. In the absence of regular instructions Customs Agent shall be obligated to perform services, described in the GTCCR in correct way, taking due care and in the usual manner.

 

IV. GENERAL OBLIGATIONS OF THE CUSTOMS AGENT

Article 1: The Customs Agent shall provide services pursuant to these GTCCR with professional skill, within a reasonable time and shall be guided by the Customer’s interests which he/she shall protect.

Article 2: The Customs Agent should have the necessary facilities, capital, knowledge and skills to perform the contracted services.

Article 3: The Customs Agent shall be obligated to take due care of protecting delivered to him/her customs clearance documents and goods from errors, and prevent data on commodities from inappropriate manipulation.

Article 4: Within his/her professional knowledge and in the interest of the Customer, the Customs Agent shall be obligated in first place to notify the Customer of the foreseeable usual circumstances that may hinder the implementation of contracted conditions.

 Article 5: If after signing the contract for provision of services pursuant to these GTCCR the Customs Agent becomes aware of circumstances which, in his opinion inhibit the performance of his contractual obligations, he/she should inform the Customer and require further instructions.

 Article 6: The Customs Agent must have good knowledge of applicable customs legislation and procedures, to monitor changes in national and international customs laws, to interpret laws and apply them properly.

 Article 7: The Customs Agent shall be obligated to follow the process of implementation of customs procedures, promptly notify the Customer of the circumstances that prevent or complicate regulated activation / termination of the arrangements for the presence of limitations, restrictions and delays in normal rite as well as about changes in the state of commodities, in case he/she finds such.

 Article 8: The Customs Agent shall be entitled to reauthorize duly its employees or third parties to carry out the actual actions for implementation of the services requested by the Customer, subject to these GTCCR. The Customs Agent should carry out such selection of authorized persons, who provide the most accurate and quality performance of services.

 Article 9: The Customs Agent shall be obligated:

  1. To keep secret to him/her received information about the Customer which is related to the transaction in connection with which he/she is assigned to carry out services under these GTCCR.
  2. Upon request, to report to the Customer received and disbursed funds related to the implementation of services under these GTCCR.
  3. To carry out his/her executive actions only within the framework of granted powers. Expanding the scope of these powers shall be permitted only after the consent of the Customer or if such expansion is necessary to safeguard the interests of the latter.

 Article 10: The Customs Agent shall declare to third parties that he/she acts on behalf of the third party and at its expense, stating whether it is direct or indirect agent and shall specify the amount of granted representative power.

 Article 11: The Customs Agent shall be obligated to keep with due diligence required stock records, to document the relevant securities pursuant to the procedures set out in the applicable legislation, and to assist in the exercise of control by the customs authorities.

 Article 12: If the Customer has outstanding cash obligations to the Customs Agent, regardless of their origin, the latter shall be entitled to refuse / discontinue the provision of services and performance of its obligations until full repayment of all obligations is done, and it could not be treated as default of his contractual obligations to the Customer.

 

V. GENERAL OBLIGATIONS OF THE CUSTOMER

Article 1: By the act of assigning certain activity to the Customs Agent (confirming the execution of the contract or upon signing of an explicit contract) the Customer shall declare that:

  1. He/she is familiar with these conditions, and that he/she accepts and agrees that the relations between him/her and the Customs Agent are to be governed by the applied regulation pursuant to these GTCCR.
  2. He/she is a legal officer, a successor or a proxy of the legal officer with the commodities.
  3. He/she has the necessary information about the requirements for the implementation and shaping of the customs procedure of commodities for which has engaged the services of the Customs Agent.
  4. Possession, transport, distribution and the conclusion of transactions in relation to the commodities are not prohibited by the laws and regulations of the Republic of Bulgaria, the European Union or other applicable international regulations, including laws in the country of the departing / receiving Customs Office.
  5. He/she knows the goods and their properties and the submitted to the Customs Agent written description of their properties is complete and accurate, and consistent with the purposes for which they are offered.
  6. Lacking specific instructions he /she adopts actions to be carried out in the usual way by the Customs Agent.
  7. He/she accepts all the rights and limitations of responsibility of the Customs Agent and all of obligations and responsibilities of his/her own pursuant to these GTCCR .

Article 2: In the inquiry about an order, the order, instructions and all in any oral or written communication addressed to the Customs Agent, the Customer shall be obligated to provide accurate, comprehensive, clear, feasible and reliable information, necessary for the Customs Agent for the proper provision of services, subject to these GTCCR.

Article 3: Not later than two days before the date of Customs clearance of the commodities the Customer shall be obligated to deliver to the Customs Agent all documents and to provide all necessary information for the latter to manifest and clear the good, to prepare and submit customs declarations and in all to deliver properly the services subject to these GTCCR.

Article 4: The Customer shall be obligated to provide the Customs Agent originals of the necessary powers of Attorney for customs clearance in writing with notary certified signatures prepared in accordance with the applicable regulations. The Powers of Attorney should clearly and unambiguously determine the scope of provided representative powers. If necessary or at the request of the Customs Agent the Customer should provide a power of Attorney or other documents which he is authorized by a third party.

Article 5: If the Customs Agent requires additional information, instructions, documents, funds or others the Customer shall be obligated to submit the same, and to provide the necessary assistance to the Customs Agent for the proper implementation of the services subject to these GTCCR. If the Customer fails to provide the requested data, documents, resources or assistance the Customs Agent shall be entitled to refuse to provide the contracted services without further reasoning, as this refusal may not be treated as a breach of contractual obligations. In this case the Customs Agent shall be entitled to receive the agreed remuneration in full, and if such one is not fixed – the usual amount payable on the provision of such a service, and shall be also entitled to reimbursement for all expenses incurred in connection with the operation of services up to that point.

Article 6: The Customer shall be obligated not later than the time of delivery of documents to inform the Customs Agent about all liabilities and charges that exist or may arise in connection with the commodities and related to them actions, including such as Customs clearance.

Article 7: (1) The Customer shall be obligated to reimburse payments to the Customs Agent:

1. All taxes, duties, fees, fines, sanctions, penalties, additional costs and other damages that are paid or incurred by the Customs Agent and have arisen in connection with the implementation of services pursuant to these GTCCR, being themselves placed together with the commodities under customs procedure or as a result of the actions of the Customer or a third party, having regard to the commodities. Refund of Customs Agent’s amounts shall be due also when they have not been included in the offer and/or the Customer has not been promptly notified of the possibility of their occurrence, but their pay have been mandatorily required or made to protect the interests of the Customer.

2. All amounts paid by the Customs Agent due to brought against the Customs Agent legal claims by third parties, including state or municipal authorities, where such claims are subject to obligations related to the implementation of services at the expense of the Customer pursuant to these GTCCR or obligations arising or associated with the commodities.

3. All the amounts retained or acquired by the customs or other governmental authorities from provided by the Customs Agent public security obligations that may arise in relation to the commodities placed under the custom procedure in connection with order and / or at the expense of the Customer.

(2) Amounts in the preceding paragraph shall be reimbursed by the Customer to the Customs Agent within one week of the occurrence of the liability – from the date on which the particular amount has been paid, withheld, deducted or collected in any other way by the Customs Agent or from the date of retention of the amount of collateral.

(3) The obligation of the Customer to reimburse / pay the Customs Agent any of the amounts non-exhaustively mentioned in paragraph 1 of this Article may be waived only if in respect of the particular amount there is an explicit written agreement to that effect or if the additional costs or damages suffered by the Customs Agent directly derived from proven fault of the latter.

(4) The Customer shall be responsible for full compliance of the commodity with the submitted declarations and / or documents accompanying the commodities and shall be fully liable for all consequences arising from any inaccuracies, including sustained damages by the Customs Agent.

Article 8: The Customer may not be relieved from his obligations to the Customs Agent by a notification that the order has been made by and / or implemented at the expense of a third party, no matter whether the fact was known to the Customs Agent before the assignment of the particular contract. The Customer, the Custom Agent and a third party may by mutual consent in writing come to an agreement that the obligations and expenses incurred in connection with the implementation of the services are due to be paid by the interested third party, in which case the Customer shall be jointly responsible for the proper performance of the third party.

 

VI. SPECIFIC CONDITIONS RELATING TO COMMODITIES WITH SPECIAL PROPERTIES

Article 1: Declaration of commodities with special property

  1. The Customs Agent shall accept goods only after achieving a separate agreement in writing with the Custom Agent and available statement by the former regarding the specific properties and / or special form of clearance and declaration of commodities which by the applicable law are:

1. Prohibited, being subject to embargo restrictions, dual-use, licenses, permits, and / or,

2. Hazardous for human health and life, the environment or to any property, and / or,

3. Requiring special conditions for their documentary and customs clearance.

Article 2: In addition to the obligation to submit a declaration under the preceding paragraph of these GTCCR, upon delivery of commodities with special properties the Customer shall be generally obligated:

1. To declare customs tariff number in accordance with the applicable national and EU legislation]

2. To deliver instructions in writing (Including declaration) for:

a) The nature of the commodity and additional information on the Customs clearance of commodity;

b) Measures should be taken for the proper declaration of the commodities even if the Customs Agent is aware of it.

Article 3: Excluded commodities

  1. Unless there is an express written agreement the Customs agent shall not provide services under these GTCCR for explosives, weapons, ammunition and their components, drugs and pharmaceuticals, precious metals, and precursors pursuant to Article 3, Paragraph 2 of the Control of Narcotic Substances and Precursors Act and Annex 1 of the Ordinance on the control of precursors, banknotes, coins and other means of payment, precious stones, jewelry, antiques, works of art and securities of any kind, tobacco, concentrated spirits drinks, hazardous goods, specified in Annex № 25 RILC , personal luggage and mobile phones.
  2. In the absence of any express written agreement and the Customer forwards for Customs clearance of one or some of foregoing types of goods of the Customs Agent without the knowledge of the latter, the Customs Agent shall be entitled to immediately suspend the provision of services, which in no way can engage its responsibility as regardless of this the Customer shall owe payment of previously agreed remuneration and reimbursement of all damages arising from the unscrupulous behavior.

 

VII. CUSTOMS CLEARANCE

Article 1: Customs procedure

  1. The Customer shall be obligated in advance, no later than the time of assigning of the relevant order to notify the Customs Agent for the information and instructions relating to the customs procedure under which are / to be placed commodities, and to submit all necessary information and documents for customs manifesting and customs clearance of commodities.
  2. The Customer shall be obligated himself/herself or through a third party to promptly notify Customs Agent for all public obligations which exist or may arise in relation to the transferred commodities (including duties, taxes, levies, fees, fines etc.). Consequences of mistakes and omissions of the Customer while communicating the type of Customs procedure, peculiarities of operation / closure of the same and / or the amount of public debt in connection with the commodities are entirely on his/her own account.
  3. In the event that the Customer’s instructions conflict with the provisions of the current legislation, the Customs Agent shall be obligated to observe the requirements of the law and shall be entitled to refuse to take any action that could lead to legal violations.

Article 2: Customs clearance

  1. Upon acceptance and delivery of commodities, the Customs Agent performs services pursuant to these GTCCR and carries out a customs manifest /clearance fully respecting the terms and conditions of the applicable regulations.
  2. Unless the Customer and the Customs Agent expressly agree otherwise in Customs clearance in the Republic of Bulgaria the Customs Agent shall act with maximum range of powers as a direct representative of the Customer / owner of the commodities pursuant to the Customs Act, the Regulations for its implementation and the Customs Code of the EU, respectively in its current version.
  3. In any case, the Customs Agent performs Customs manifesting and / or clearance on the basis of documents accompanying the commodities and / or a declaration of the Customer and / or owner, including one represented by their authorized representatives and proxies and is not responsible for the veracity and accuracy these documents, declarations and data contain therein.
  4. Order / act by which the Customer assigns to the Customs Agent implementation of services pursuant to these GTCCR, including Custom clearance and declaration of commodities should be interpreted as an explicit empowerment / authorization of the Customs Agent to perform the customs formalities at the expense of the Customer.
  5. If agreed otherwise the Customs Agent shall be entitled at its discretion to require from the Customer advance payment or provision of agreed fee, payable duties, taxes, fees and more public duties. If the customer refuses to make payment or provide security, Customs Agent shall be entitled to refuse providing committed services to the Customer and such refusal may not be interpreted by the parties as a contract breach.
  6. If the Customs Agent arranges Customs clearance of goods and / or provision of part or all of the tax and customs duties he/she shall be entitled to an additional and separate remuneration for guaranteed benefits except the fee due to Customs clearance / declaration of goods. So that indicated additional compensation is due and the amount and conditions of payment of the same have not been regulated by the parties in advance.

 

VIII. LIMITATION OF LIABILITY OF CUSTOMS AGENT

Article 1: Conditions, methods and maximum dimensions in which you may engage, limit, exclude and extinguish the liability of Customs Agent in connection with the implementation of activities and the provision of services is determined by the current GTCCR, as by the confirmation of execution of the specific contract or signing contract the parties expressly and unconditionally accept this regulation. If the Customer, his/her successor or any third party relating to an assigned by the Customer contract brings in court or out of court any claims against the Customs Agent for damages (regardless of their type and origin) associated with the implementation of activities and services pursuant to these GTCCR or if otherwise commit contractual or non-contractual liability of the latter, the Customs Agent shall be entitled to refer to the provisions of these GTCCR that limit, exclude or determine the scope of his/her liability.

Article 2: The Customs Agent shall be responsible only for incurred by the Customer or empowered person losses, which have been proven to constitute direct damages from the wrongful conduct of the contractual obligations of the Customs Agent the former shall be not liable for any indirect damages, losses and lost profits.

If a fault on behalf of the of the Customs Agent in connection with the contractual obligations results in confiscation, seizure, destruction or abandonment in favor of the state of a part of commodity, which makes the rest of it unusable, the Customs Agent shall bear responsibility only for the fault which has generated direct losses associated with confiscated / seized / destroyed / abandoned part of the commodities.

Article 3: The Customs Agent shall not be liable for damages when they result from the following circumstances:

1. Lack of complete, accurate, clear, specific, feasible and timely submitted written instructions from the Customer or a duly authorized person;

2. Presence of errors, inaccuracies, omissions, discrepancies and manipulated data in order, the documents or information necessary for completion of customs documents and the provision of services pursuant to these GTCCR;

3. Presence of hidden quantity of commodities in undeclared trade and transport documents;

4. Existence of differences in material properties inherent in the commodity;

5. Existence of differences in the Customs value, certificates and shipping documents;

6. Following the instructions of the Customer;

7. Lack of necessary assistance by the Customer or any other improper performance of obligations by the Customer, his successor, the owner / consignor / consignee of those placed under the customs procedure of commodities;

8. Hostilities, civil unrest, strikes, thefts, burglary, robbery, acts of armed gangs, actions of authorities and authorized by them bodies and institutions, nuclear accidents and their consequences, fire, earthquake and other natural disaster circumstances, having the character of force majeure and other circumstances that he/she may not prevent with reasonable care and diligence.

Article 4: Undeclared commodities

  1. The Customs Agent shall not be responsible if the commodities have not been declared and their presence could not be monitored on the basis of the documents accompanying the commodities upon clearance.

Article 5: Determination of the compensation

  1. Due compensation of the Customs Agent may not exceed the cost of services pursuant to GTCCR which the latter has undertaken to provide. This value is determined based on the quoted price of the Customs Agent, and if such is not available – the current market price for the relevant service.
  2. Notwithstanding the preceding paragraph, the Customs Agent owes due compensation for caused by him/her damages shall be limited to € 3.00 for filling / shaping of a number of SAD CMR or TIR carnet, but not more than €30,00 for all actions of the Customs Agent within a particular service.
  3. Unless otherwise agreed by the Customs Agent the due shall be paid in BGN, as recalculated (where applicable) at the exchange rate of the Bulgarian National Bank on the date on which the damage has occurred, and if such date is unknown – on the date on which it has been found.

Article 6: Only if expressly agreed in writing and against an additional payment the Customs Agent may agree to be liable for an amount exceeding the regulated in these GTCCR.

Article 7: Limitations of liability pursuant to these GTCCR shall not apply if the damage is caused by the criminal acts of the Customs Agent.

 

IX. RECLAMATIONS

Article 1: Time-limits and procedures of the claim

  1. Responsibility of the Customs Agent may be involved if by submitting a letter of claim within the time-limit mentioned below the Customer notifies the Customs Agent for the damages caused by the actions of the latter, describing the nature and extent of the failure to contractual obligations and the grounds to claim his/her responsibility while submitting a copy of all the documents certifying the relevant allegations. The letter of claim shall be accompanied by regularly constituted and completed originals of the following documents: a confirmed for execution order, invoice value of commodities, a protocol for spot inspection and a finding of damage drawn up by duly accredited inspection authority or branch organization, if it is required.
  2. Failure to comply with the time-limits and procedures set out in paragraph (1) shall be considered in a way that the damage has not been caused by the fault of the Customs Agent and the latter shall not bear responsibility for it.
  3. Claim is properly filed only when the Customer has paid all due amounts to the Customs Agent without delay, reduction or setoff.
  4. Failure to comply with these provisions, as well as Customer / owner of the commodities / harmed person or a third person, having regard to the commodity by actions or inaction has thwarted the possibility of involvement of liability of the insurer and / or of lodging a recourse claim against the person who actually caused the damage, the Customs Agent may dismiss the complaint without requiring additional arguments.

 

X. PAYMENT OF EXPENSES AND REMUNERATION OF THE CUSTOMS AGENT

Article 1: Maturity

  1. The Customer is obligated to pay the Customs Agent all amounts due on maturity without delay, reduction or setoff, whether these amounts constitute remuneration for services rendered, or refund of Customs Agent’s costs or damages suffered by the latter which under these GTCCR shall be borne by the Customer and / or jointly by the Customer and the third parties having rights in the commodities.
  2. If there is no express contractual maturity of the debt, it is assumed that the amount shall be payable within 10 days from the date of invoice to the Customs Agent who is working with Customers within the country and 14 days from the date of dispatch or delivery of invoice to Customers abroad.

Article 2: If the Customer fails to pay the amounts due within the agreed period the same shall owe to the Customs Agent a compensation for delay in the amount of the statutory rate, namely the defined by the Bulgarian National Bank reference rate increased by 10 percentage points.

Article 3: Insofar as this is not contrary to the foreign exchange regulations, the Customs Agent shall be entitled to require the Customer to pay in local or foreign currency. Unless otherwise agreed, in calculating the exchange rate one shall use the exchange rate of the Bulgarian National Bank on the date of invoice.

Article 4: Collateral receivables

  1. The Customs Agent shall be entitled to require partial or full prepayment or security of the agreed remuneration, and for all costs that may arise in connection with the implementation of the order.
  2. The Customs Agent shall be entitled to take all reasonable steps to preserve his/her interests and to secure reimbursement of the damages incurred in the performance of the Order.

Article 5: Unless expressly agreed otherwise the Customs Agent shall not be obligated at his/her own expense to provide guarantees and deposits, covering the payment of freight, fines, excise, customs, taxes or other expenses related to the commodities and to the provision of services in relation to them, and shall not be obligated either to pay in advance these amounts on the Client’s account.

If the Customs Agent still has provided similar guarantees and deposits on his/her own account, he/she may request the immediate restoration of the same.

Article 6: Deducting counter-claims between the Customs Agent and the Customer may be made only if the receivables are past due and not disputed by the Customs Agent.

 

XI. LIEN AND DISPOSAL OF COMMODITIES AND DOCUMENTS

Article 1: Lien

  1. To secure his/her receivables from the Customer associated with the submitted pursuant to these GTCCR services, whether materiality is maturing, the Customs Agent shall be entitled unconditionally and irrevocably to lien on the commodities in his possession and customs and on commodity documents submitted in connection with assigned by the Customer order.
  2. This right extends to any other temporally in possession by the Customs Agent commodities, securities and cash owned by the Customer or in relation to which the Customer has dispositive power.
  3. No committed with the commodities dispositive deals and legal actions may be set against or impair the above lien.

 

XII. ETHICAL PRACTICES AND PRINCIPLES OF THE CUSTOMS AGENT

Article 1: Bribery shall be in total contradiction with the essential standards of doing business of the Customs Agent. It shall be contrary to the free market, reduces public trust in business and government and shall be considered a crime in almost all countries worldwide.

Article 2: Bribery shall be prosecuted by law and resulted in large financial penalties and imprisonment. Obviously, the public perception of a company that deals with corruption shall be negative and shall smear its reputation.

Article 3: Gifts and entertainment shall be a normal part of business, but in some cases can damage the objectivity. Expensive gifts and entertainment may raise questions about the propriety of a behavior. The key to this shall be to exercise good judgment in providing or receiving gifts and entertainment.

Article 4: Main points

  1. The Customs agent shall never offer or give anything of material value, in order to influence someone’s professional objectivity gaining in return commercial advantage.
  2. The Customs agent shall never want and accept anything that has material value and can greatly affect the objectivity related to his/her work.
  3. The Customs agent shall never offer or give a bribe. In the event that a civil servant requests bribe the Customs Agent should refuse even if it may lead to negative consequences for his/her business.

Article 5: Principles

  1. The Customs Agent shall not accept anything of value that could affect the objectivity of his/her work. Also the Customs Agent shall not bribe anyone for whatsoever reason.
  2. Any Customs Agent should carry out the examination of the particular situation in order to ensure that relationships with government officials and private individuals shall not compromise it – but rather shall earn public confidence and respect.

Article 6: Responsibility for following the principles

All employees of the Customs Agent shall apply described principles and practices in these GTCCR and shall exercise due care when interacting with representatives of the state administration on behalf of the Customs Agent.

Article 7: The Customs Agent and the Customer shall agree to comply at any time with all applicable laws and regulations, including, but not limited to anti-corruption laws in the State within whose territory the Customs Agent will carry out actions related to the provision of services, subject to these GTCCR.

Article 8: The Customs Agent and the Customer shall warrant that they haven’t done and will not do any wrong doing during implementing the agreed points between them, directly or indirectly promise, approve, allow or offer action or assistance for payment or provision of payment or benefit in order to influence, induce or reward any act, omission or decision to provide benefit that shall not followed; neither by illegal actions shall help obtain and retain business, nor by any actions shall seek or commit public or commercial bribery.

Article 9: The Customer and Customs Agent shall declare and warrant that: (1) they do not possess interest that enters directly or indirectly in conflict with the lawful and ethical implementation of the agreements between them; and (2) that they will maintain scrupulous and equal relations with all third parties they are dealing with in fulfilling the obligations taken to the counterparty.

 

XIII. FINAL PROVISIONS

Article 1: By mutual consent the Customs Agent and the Customer may come to an agreement of terms and conditions, different from the provisions of these GTCCR. This agreement shall be valid only if it is achieved in writing and not contrary to the mandatory provisions of applicable law.

Article 2: All messages, notifications, inquiries, invitations or other documents concerning and relating to the provision of services, subject to these GTCCR should be in writing for validity, including e-mail, and be sent to the address, fax or e-mail of the relevant party. In the event of changing the address, fax or e-mail address, the relevant Party shall be obligated to provide notice in writing to the other one otherwise all messages submitted to it shall be considered regularly received

Each party shall be obligated to notify in writing the other Party for registered changes in the name, seat and address of management, as well as persons who provide it within one week from the date of change.

Article 3: Force majeure

  1. The Customs Agent shall not be responsible for default when there is a force majeure, in which case Article 106 and the next of the Commercial Act of the Republic of Bulgaria shall apply.
  2. Events beyond the control of the Customs agent that partially or completely inhibit the performance of his contractual obligations exempt from Customs Agent duties and liability under the contract for the duration of these events. In this case, each party shall be entitled to terminate the contract, regardless of whether it is partially implemented, in which the Customs Agent shall be entitled to receive the relevant part of the remuneration for the services provided, while being obliged to exercise reasonable care to protect the interests of the Customer / owner of the commodities.

Article 4: All information made available to the parties under or in connection with the conclusion of a contract for the provision of services under these GTCCR shall be deemed confidential. The parties shall take all necessary measures against its disclosure to third parties without the express consent in writing of the other party and shall not use the information for purposes prejudicial to the interests of the other party. The term confidential information shall include any information relating to: management of the company of one of the parties, contractors, marketing activities, pricing, bidding, promotional offers, legal activity, accounting documents, computer programs and data, any information related to business studies any other information about the development and commercial reputation of a party.

Article 5: All outstanding issues with these GTCCR shall apply to applicable international conventions, standards of the EU and the legislation of the Republic of Bulgaria.

Article 6: These GTCCR shall not govern the relationship between the Customs Agent and physical performers of services, assigned by the Customs Agent.

Article 7: Legislative changes

  1. In case the existing and / or new mandatory rules for the activities and services of the Customs Agent must be changes, the parties shall be required to comply with the new requirements and to bring their relations in accordance with them. In that case, what is referred to in Article 4 of these GTCCR shall apply.
  2. If some of the provisions of these GTCCR have become inapplicable, this shall not affect the validity of the same. Instead of such provisions the relevant legal regulation shall apply in the relations between the parties.

Article 8: All disputes arising from the interpretation and implementation of these GTCCR that may not be resolved voluntarily, shall be referred to the local competent court at the headquarters of the Customs Agent.

 

*   *   *

 

GENERAL TERMS AND CONDITIONS FOR CUSTOMS REPRESENTATION
20.11.2014

GENERAL TERMS AND CONDITIONS FOR CUSTOMS REPRESENTATION

NATIONAL ORGANIZATION OF CUSTOMS AGENTS

  2014

GENERAL TERMS AND CONDITIONS FOR CUSTOMS REPRESENTATION

In its activity the members of the National Organization of Customs Agents are required to comply with the provisions of these General terms and conditions for customs representation (GTCCR) whose objectives are:

 Ensuring protection of the interests of persons (Customers) represented by Customs officials before the relevant Customs authorities;

  • Creating conditions for the development of a stable, transparent, efficient and competitive market of services provided by Customs Agents;
  • Determination of the general terms and conditions for representation before the Customs authorities;
  • Introduction of general ethical standards and uniform practices of behavior of the Customs Agent;
  • Providing professional service to Customers based on honest and honorable intentions.

 These GTCCR are drawn up in compliance with the good European practices and firm policies. They regulate the desire for self-regulation of economic operators;

These General terms and conditions contain the following sections:

  1. Definitions and abbreviations;
  2. Subject, scope and application;
  3. Inquiry for orders, offers, orders and instructions;
  4. General obligations of the Customs Agent;
  5. General obligations of the Customer;
  6. Specific conditions regarding the commodities of special properties;
  7. Customs clearance;
  8. Limitation of liability of Customs Agent;
  9. Reclamations;
  10. Payment of expenses and remuneration of the Customs Agent;
  11. Lien and disposal of commodities and documents;
  12. Ethical practices and principles of the Customs Agent;
  13. Final provisions;

 

I. DEFINITIONS AND ABBREVIATIONS

 Article 1: Used definitions and abbreviations in the text of these General terms and conditions for Customs representation have the following meaning:

  1. General terms and conditions for Customs representation further in the text are abbreviated as GTCCR.
  2. Customs Agent – shall be the proxy (natural person, natural person-entrepreneur or legal entity) who implements direct or indirect representation before the Customs authorities for documental clearance of goods / cargo, whose powers, duties, responsibilities, limits of representative authority and status are subject to regulation in these GTCCR. Representation is direct when the customs agent is acting on behalf and at the expense of another person or indirectly, when the Customs Agent is acting on his/her own behalf but at the expense of another person.
  3. Services – activity of the Customs Agent against payment for carrying out the direct or indirect representation at the expense of the Customer before the Customs authorities, as well as providing other services related to the implementation representation and operation under the Customs procedure of goods (non-exhaustively listed in Section II of these GTCCR).
  4. Customer – shall be any person for whose expense and/or in whose favor or upon whose assignment the Customs Agent is caring out services pursuant to these GTCCR.
  5. Owner of the goods – shall be any person who has the power of disposal in respect of the goods and the packaging.
  6. Party/third party – shall mean any natural person or entity different from the persons for which this section specifically introduces terms, definitions and abbreviations as well as its legitimate representatives and proxies, including state, governmental and municipal financial, administrative, taxation and other authorities and institutions within the country and abroad, including ministries, embassies, consular offices, regional governors, municipal councils, mayors, directorates, etc.
  7. Commodity – shall be an item or a set of items in the context of which there arise legal relationships between the Customs agent and the Customer being a subject of regulation under these GTCCR.
  8. Hazardous commodities – shall be commodities whose content manipulation or Customs clearance are regulated as hazardous or embargoed by the legislation of the EU, Republic of Bulgaria and/or by the applicable international provisions.
  9. Instructions – shall be all general and specific written requirements that the customer has clearly stated by and Customs Agent accepted for performance. If any of the written requirements of the Customer conflicts with overriding statutory provisions, it is presumed that in the instructions the same shall be entitled to be replaced by the relevant mandatory rules, without the need for an explicit reference about it.

 

II. SUBJECT AND SCOPE OF APPLICATION

 Article 1: (1) These General terms and conditions for customs representation (GTCCR) govern the terms and responsibilities of the parties in the provision of services within the meaning of the same, including:

  1. Manifesting and placing goods under a customs procedure: import / admission of free circulation, transit, customs warehousing, inward processing, processing under customs control, temporary admission, outward processing, temporary exports and imports;
  2. Provision on the client’s account of duties, taxes and other public charges regarding the goods in relation to which the services are provided under these GTCCR;
  3. Implementation of other activities in connection with placed under Customs control goods including: entering into a free zone or free warehouse; re-exporting outside Customs territory of the Community; destruction/abandonment in favor of the state, under the supervision of the Customs authorities; depositing of requests to use simplified procedures for admission of free of import duties, extension of time-limits for more favorable tariff treatment for movements of goods; release, transfer or receipt of deposits or amounts unduly paid; signing, filing and obtaining electronic and paper documents, statements and information regarding products and their status, performing actions to register the EORI-number; receipt of orders for compulsory collection of public receivables for interim measures, audit acts, acts of administrative violations, etc.

(2) Customs Agent shall provide the services, subject to these GTCCR:

1. Against payment of remuneration to the customer, representing the cost of provided services;

2. In the presence of an express written agreement between the Customer and the Customs Agent representing confirmed implementing order / act or assignment of a separate contract, an integral part of which shall be the current GTCCR;

3. As a separate service or in the context of a framework agreement.

 Article 2: Application

  1. All activities carried out by the Customs Agent related to provision of services shall be subject to the regulations of the current GTCCR, so far as they are not contrary to the mandatory rules of law, and provided the parties expressly and in writing have not agreed otherwise.
  2. The Customer shall unconditionally accept that by assigning the performance of services to the Customs agent a contract is concluded between the Customer and the Customs Agent which shall be an integral part of these GTCCR.

 Article 3: In the event that legislation or court decision specifically requires restricting the rights and / or increasing the liability of Customs Agent compared to referred in these GTCCR, the same should derogate the relevant conflicting parts only and as far as its application is mandatory.

 

III. INQUIRY FOR QUOTATIONS, ORDERS AND INSTRUCTIONS

 Article 1: The Customer shall make an inquiry in writing to the Customs representative about the conditions under which the Customs Agent may grant him/her specific service/s (Inquiry about an order). Data for any inquire about order should obligatory contain: Customs authority, before which the representation is carried out, Customs procedure which is expected to be activated / completed, other relevant and specific characteristics of the services to be provided, date and place of their realization, identification of goods and persons on behalf and at the expense of whom actions are to be taken. If the information is incomplete, inadequate, unclear or contradictory the Customs agent shall be entitled to require the Customer to make further written clarifications as well as directly to refuse the eventual order.

Article 2: VALIDITY OF PRICES AND OFFERS

  1. Offers made by the Customs Agent for implementation of the services under these GTCCR in response to a specific inquire about an order shall be valid if taken immediately by the Customer and are not binding on the Customs Agent, if not immediately accepted by the person to whom they are addressed.
  2. Occurred changes in the conditions which are beyond the control of the Customs Agent or when the latter becomes aware of circumstances which have not been announced in advance by the Customer, the Customs Agent shall be entitled to make changes to presented offers as well as to withdraw the same.
  3. The prices quoted in the Customs agent’s offers apply only to perform specifically listed in them activities and services and with regard to standard and safe products.
  4. Contract performance assumes the existence of normal operating conditions for contractual services and preserving of these conditions under which the contract has been concluded during the whole period of its implementation.

 Article 3: ORDERS

  1. The execution of agreed actions for implementation of services pursuant to these GTCCR has started after the confirmation of performance of a particular order by the Customer and after the provision of all documents, data and instructions necessary for the proper implementation of contracted service. In addition to data contained as a mandatory requisite within the inquiry about an order so as to consider it validly made, the Order should contain information about: type of goods, tariff number, invoice amount, number, as well as to be addressed in writing to the Customs Agent no later than 2 days before the date on which the latter is to make the initial action of performance of the assigned. An integral part of confirmed for implementation order is the current version of these GTCCR.
  2. The Customs Agent shall be entitled to refuse fulfillment of confirmed for implementation orders if the Customer has outstanding monetary obligations to him, regardless of their origin, and if there is a reason to believe that a full and accurate payment of remuneration and its costs are not guaranteed.
  3. If the Customer withdraws the confirmed for performance order the Customs Agent shall be entitled to receive the agreed remuneration in full and if the same is not regulated – the usual amount payable under the provision of such a service and shall be entitled to be reimbursed for all costs incurred in connection with performed services up to that point.
  4. Unless there is a confirmed order for performance under this provision, the relationship between the Customs Agent and the Customer regarding the services being subject to these GTCCR may arise on the basis of explicit bilateral agreement signed between them, including – a framework contract and further explicit requests for each service. The current version of these GTCCR shall be an integral part of the explicit agreement signed between the Customs Agent and the Customer.

 Article 4: INSTRUCTIONS

  1. The Customs Agent shall be obligated to act on the instructions of the Customer when they are regular. Instructions shall be considered regular when they are timely given in writing by the Customer or by his/her duly authorized legal representatives and shall contain complete, accurate, clear, specific, enforceable guidelines and requirements, and be not inconsistent with these GTCCR or mandatory normative regulations.
  2. Received regular instructions shall be accepted as final authority from the Customer to the Customs Agent to perform the services for which reason the instructions are given, while the volume of powers is not expressly regulated by the Parties in confirmed for implementation order or contract.
  3. If instructions are considered incomplete, inaccurate, vague, unenforceable or illegal, the Customs Agent shall be obligated to notify the Customer of the irregularity, as in this case the former is entitled to suspend the fulfillment of the assumed obligations until the receipt of subsequent regular instructions.
  4. The Customs Agent may deviate from the instructions of the Customer if necessary to safeguard the interests of the latter and / or to comply with the customs requirements and regulations.
  5. In the absence of regular instructions Customs Agent shall be obligated to perform services, described in the GTCCR in correct way, taking due care and in the usual manner.

 

IV. GENERAL OBLIGATIONS OF THE CUSTOMS AGENT

Article 1: The Customs Agent shall provide services pursuant to these GTCCR with professional skill, within a reasonable time and shall be guided by the Customer’s interests which he/she shall protect.

Article 2: The Customs Agent should have the necessary facilities, capital, knowledge and skills to perform the contracted services.

Article 3: The Customs Agent shall be obligated to take due care of protecting delivered to him/her customs clearance documents and goods from errors, and prevent data on commodities from inappropriate manipulation.

 Article 4: Within his/her professional knowledge and in the interest of the Customer, the Customs Agent shall be obligated in first place to notify the Customer of the foreseeable usual circumstances that may hinder the implementation of contracted conditions.

Article 5: If after signing the contract for provision of services pursuant to these GTCCR the Customs Agent becomes aware of circumstances which, in his opinion inhibit the performance of his contractual obligations, he/she should inform the Customer and require further instructions.

Article 6: The Customs Agent must have good knowledge of applicable customs legislation and procedures, to monitor changes in national and international customs laws, to interpret laws and apply them properly.

Article 7: The Customs Agent shall be obligated to follow the process of implementation of customs procedures, promptly notify the Customer of the circumstances that prevent or complicate regulated activation / termination of the arrangements for the presence of limitations, restrictions and delays in normal rite as well as about changes in the state of commodities, in case he/she finds such.

 Article 8: The Customs Agent shall be entitled to reauthorize duly its employees or third parties to carry out the actual actions for implementation of the services requested by the Customer, subject to these GTCCR. The Customs Agent should carry out such selection of authorized persons, who provide the most accurate and quality performance of services.

 Article 9: The Customs Agent shall be obligated:

  1. To keep secret to him/her received information about the Customer which is related to the transaction in connection with which he/she is assigned to carry out services under these GTCCR.
  2. Upon request, to report to the Customer received and disbursed funds related to the implementation of services under these GTCCR.
  3. To carry out his/her executive actions only within the framework of granted powers. Expanding the scope of these powers shall be permitted only after the consent of the Customer or if such expansion is necessary to safeguard the interests of the latter.

 Article 10: The Customs Agent shall declare to third parties that he/she acts on behalf of the third party and at its expense, stating whether it is direct or indirect agent and shall specify the amount of granted representative power.

 Article 11: The Customs Agent shall be obligated to keep with due diligence required stock records, to document the relevant securities pursuant to the procedures set out in the applicable legislation, and to assist in the exercise of control by the customs authorities.

 Article 12: If the Customer has outstanding cash obligations to the Customs Agent, regardless of their origin, the latter shall be entitled to refuse / discontinue the provision of services and performance of its obligations until full repayment of all obligations is done, and it could not be treated as default of his contractual obligations to the Customer.

 

V. GENERAL OBLIGATIONS OF THE CUSTOMER

 Article 1: By the act of assigning certain activity to the Customs Agent (confirming the execution of the contract or upon signing of an explicit contract) the Customer shall declare that:

  1. He/she is familiar with these conditions, and that he/she accepts and agrees that the relations between him/her and the Customs Agent are to be governed by the applied regulation pursuant to these GTCCR.
  2. He/she is a legal officer, a successor or a proxy of the legal officer with the commodities.
  3. He/she has the necessary information about the requirements for the implementation and shaping of the customs procedure of commodities for which has engaged the services of the Customs Agent.
  4. Possession, transport, distribution and the conclusion of transactions in relation to the commodities are not prohibited by the laws and regulations of the Republic of Bulgaria, the European Union or other applicable international regulations, including laws in the country of the departing / receiving Customs Office.
  5. He/she knows the goods and their properties and the submitted to the Customs Agent written description of their properties is complete and accurate, and consistent with the purposes for which they are offered.
  6. Lacking specific instructions he /she adopts actions to be carried out in the usual way by the Customs Agent.
  7. He/she accepts all the rights and limitations of responsibility of the Customs Agent and all of obligations and responsibilities of his/her own pursuant to these GTCCR .

 Article 2: In the inquiry about an order, the order, instructions and all in any oral or written communication addressed to the Customs Agent, the Customer shall be obligated to provide accurate, comprehensive, clear, feasible and reliable information, necessary for the Customs Agent for the proper provision of services, subject to these GTCCR.

 Article 3: Not later than two days before the date of Customs clearance of the commodities the Customer shall be obligated to deliver to the Customs Agent all documents and to provide all necessary information for the latter to manifest and clear the good, to prepare and submit customs declarations and in all to deliver properly the services subject to these GTCCR.

 Article 4: The Customer shall be obligated to provide the Customs Agent originals of the necessary powers of Attorney for customs clearance in writing with notary certified signatures prepared in accordance with the applicable regulations. The Powers of Attorney should clearly and unambiguously determine the scope of provided representative powers. If necessary or at the request of the Customs Agent the Customer should provide a power of Attorney or other documents which he is authorized by a third party.

 Article 5: If the Customs Agent requires additional information, instructions, documents, funds or others the Customer shall be obligated to submit the same, and to provide the necessary assistance to the Customs Agent for the proper implementation of the services subject to these GTCCR. If the Customer fails to provide the requested data, documents, resources or assistance the Customs Agent shall be entitled to refuse to provide the contracted services without further reasoning, as this refusal may not be treated as a breach of contractual obligations. In this case the Customs Agent shall be entitled to receive the agreed remuneration in full, and if such one is not fixed – the usual amount payable on the provision of such a service, and shall be also entitled to reimbursement for all expenses incurred in connection with the operation of services up to that point.

 Article 6: The Customer shall be obligated not later than the time of delivery of documents to inform the Customs Agent about all liabilities and charges that exist or may arise in connection with the commodities and related to them actions, including such as Customs clearance.

 Article 7: (1) The Customer shall be obligated to reimburse payments to the Customs Agent:

1. All taxes, duties, fees, fines, sanctions, penalties, additional costs and other damages that are paid or incurred by the Customs Agent and have arisen in connection with the implementation of services pursuant to these GTCCR, being themselves placed together with the commodities under customs procedure or as a result of the actions of the Customer or a third party, having regard to the commodities. Refund of Customs Agent’s amounts shall be due also when they have not been included in the offer and/or the Customer has not been promptly notified of the possibility of their occurrence, but their pay have been mandatorily required or made to protect the interests of the Customer.

2. All amounts paid by the Customs Agent due to brought against the Customs Agent legal claims by third parties, including state or municipal authorities, where such claims are subject to obligations related to the implementation of services at the expense of the Customer pursuant to these GTCCR or obligations arising or associated with the commodities.

3. All the amounts retained or acquired by the customs or other governmental authorities from provided by the Customs Agent public security obligations that may arise in relation to the commodities placed under the custom procedure in connection with order and / or at the expense of the Customer.

(2) Amounts in the preceding paragraph shall be reimbursed by the Customer to the Customs Agent within one week of the occurrence of the liability – from the date on which the particular amount has been paid, withheld, deducted or collected in any other way by the Customs Agent or from the date of retention of the amount of collateral.

(3) The obligation of the Customer to reimburse / pay the Customs Agent any of the amounts non-exhaustively mentioned in paragraph 1 of this Article may be waived only if in respect of the particular amount there is an explicit written agreement to that effect or if the additional costs or damages suffered by the Customs Agent directly derived from proven fault of the latter.

(4) The Customer shall be responsible for full compliance of the commodity with the submitted declarations and / or documents accompanying the commodities and shall be fully liable for all consequences arising from any inaccuracies, including sustained damages by the Customs Agent.

 Article 8: The Customer may not be relieved from his obligations to the Customs Agent by a notification that the order has been made by and / or implemented at the expense of a third party, no matter whether the fact was known to the Customs Agent before the assignment of the particular contract. The Customer, the Custom Agent and a third party may by mutual consent in writing come to an agreement that the obligations and expenses incurred in connection with the implementation of the services are due to be paid by the interested third party, in which case the Customer shall be jointly responsible for the proper performance of the third party.

 

VI. SPECIFIC CONDITIONS RELATING TO COMMODITIES WITH SPECIAL PROPERTIES

 Article 1: Declaration of commodities with special property

  1. The Customs Agent shall accept goods only after achieving a separate agreement in writing with the Custom Agent and available statement by the former regarding the specific properties and / or special form of clearance and declaration of commodities which by the applicable law are:

1. Prohibited, being subject to embargo restrictions, dual-use, licenses, permits, and / or,

2. Hazardous for human health and life, the environment or to any property, and / or,

3. Requiring special conditions for their documentary and customs clearance.

 Article 2: In addition to the obligation to submit a declaration under the preceding paragraph of these GTCCR, upon delivery of commodities with special properties the Customer shall be generally obligated:

1. To declare customs tariff number in accordance with the applicable national and EU legislation]

2. To deliver instructions in writing (Including declaration) for:

a) The nature of the commodity and additional information on the Customs clearance of commodity;

b) Measures should be taken for the proper declaration of the commodities even if the Customs Agent is aware of it.

 Article 3: Excluded commodities

  1. Unless there is an express written agreement the Customs agent shall not provide services under these GTCCR for explosives, weapons, ammunition and their components, drugs and pharmaceuticals, precious metals, and precursors pursuant to Article 3, Paragraph 2 of the Control of Narcotic Substances and Precursors Act and Annex 1 of the Ordinance on the control of precursors, banknotes, coins and other means of payment, precious stones, jewelry, antiques, works of art and securities of any kind, tobacco, concentrated spirits drinks, hazardous goods, specified in Annex № 25 RILC , personal luggage and mobile phones.
  2. In the absence of any express written agreement and the Customer forwards for Customs clearance of one or some of foregoing types of goods of the Customs Agent without the knowledge of the latter, the Customs Agent shall be entitled to immediately suspend the provision of services, which in no way can engage its responsibility as regardless of this the Customer shall owe payment of previously agreed remuneration and reimbursement of all damages arising from the unscrupulous behavior.

 

VII. CUSTOMS CLEARANCE

 Article 1: Customs procedure

  1. The Customer shall be obligated in advance, no later than the time of assigning of the relevant order to notify the Customs Agent for the information and instructions relating to the customs procedure under which are / to be placed commodities, and to submit all necessary information and documents for customs manifesting and customs clearance of commodities.
  2. The Customer shall be obligated himself/herself or through a third party to promptly notify Customs Agent for all public obligations which exist or may arise in relation to the transferred commodities (including duties, taxes, levies, fees, fines etc.). Consequences of mistakes and omissions of the Customer while communicating the type of Customs procedure, peculiarities of operation / closure of the same and / or the amount of public debt in connection with the commodities are entirely on his/her own account.
  3. In the event that the Customer’s instructions conflict with the provisions of the current legislation, the Customs Agent shall be obligated to observe the requirements of the law and shall be entitled to refuse to take any action that could lead to legal violations.

 Article 2: Customs clearance

  1. Upon acceptance and delivery of commodities, the Customs Agent performs services pursuant to these GTCCR and carries out a customs manifest /clearance fully respecting the terms and conditions of the applicable regulations.
  2. Unless the Customer and the Customs Agent expressly agree otherwise in Customs clearance in the Republic of Bulgaria the Customs Agent shall act with maximum range of powers as a direct representative of the Customer / owner of the commodities pursuant to the Customs Act, the Regulations for its implementation and the Customs Code of the EU, respectively in its current version.
  3. In any case, the Customs Agent performs Customs manifesting and / or clearance on the basis of documents accompanying the commodities and / or a declaration of the Customer and / or owner, including one represented by their authorized representatives and proxies and is not responsible for the veracity and accuracy these documents, declarations and data contain therein.
  4. Order / act by which the Customer assigns to the Customs Agent implementation of services pursuant to these GTCCR, including Custom clearance and declaration of commodities should be interpreted as an explicit empowerment / authorization of the Customs Agent to perform the customs formalities at the expense of the Customer.
  5. If agreed otherwise the Customs Agent shall be entitled at its discretion to require from the Customer advance payment or provision of agreed fee, payable duties, taxes, fees and more public duties. If the customer refuses to make payment or provide security, Customs Agent shall be entitled to refuse providing committed services to the Customer and such refusal may not be interpreted by the parties as a contract breach.
  6. If the Customs Agent arranges Customs clearance of goods and / or provision of part or all of the tax and customs duties he/she shall be entitled to an additional and separate remuneration for guaranteed benefits except the fee due to Customs clearance / declaration of goods. So that indicated additional compensation is due and the amount and conditions of payment of the same have not been regulated by the parties in advance.

 

VIII. LIMITATION OF LIABILITY OF CUSTOMS AGENT

 Article 1: Conditions, methods and maximum dimensions in which you may engage, limit, exclude and extinguish the liability of Customs Agent in connection with the implementation of activities and the provision of services is determined by the current GTCCR, as by the confirmation of execution of the specific contract or signing contract the parties expressly and unconditionally accept this regulation. If the Customer, his/her successor or any third party relating to an assigned by the Customer contract brings in court or out of court any claims against the Customs Agent for damages (regardless of their type and origin) associated with the implementation of activities and services pursuant to these GTCCR or if otherwise commit contractual or non-contractual liability of the latter, the Customs Agent shall be entitled to refer to the provisions of these GTCCR that limit, exclude or determine the scope of his/her liability.

Article 2: The Customs Agent shall be responsible only for incurred by the Customer or empowered person losses, which have been proven to constitute direct damages from the wrongful conduct of the contractual obligations of the Customs Agent the former shall be not liable for any indirect damages, losses and lost profits.

 If a fault on behalf of the of the Customs Agent in connection with the contractual obligations results in confiscation, seizure, destruction or abandonment in favor of the state of a part of commodity, which makes the rest of it unusable, the Customs Agent shall bear responsibility only for the fault which has generated direct losses associated with confiscated / seized / destroyed / abandoned part of the commodities.

 Article 3: The Customs Agent shall not be liable for damages when they result from the following circumstances:

1. Lack of complete, accurate, clear, specific, feasible and timely submitted written instructions from the Customer or a duly authorized person;

2. Presence of errors, inaccuracies, omissions, discrepancies and manipulated data in order, the documents or information necessary for completion of customs documents and the provision of services pursuant to these GTCCR;

3. Presence of hidden quantity of commodities in undeclared trade and transport documents;

4. Existence of differences in material properties inherent in the commodity;

5. Existence of differences in the Customs value, certificates and shipping documents;

6. Following the instructions of the Customer;

7. Lack of necessary assistance by the Customer or any other improper performance of obligations by the Customer, his successor, the owner / consignor / consignee of those placed under the customs procedure of commodities;

8. Hostilities, civil unrest, strikes, thefts, burglary, robbery, acts of armed gangs, actions of authorities and authorized by them bodies and institutions, nuclear accidents and their consequences, fire, earthquake and other natural disaster circumstances, having the character of force majeure and other circumstances that he/she may not prevent with reasonable care and diligence.

 Article 4: Undeclared commodities

  1. The Customs Agent shall not be responsible if the commodities have not been declared and their presence could not be monitored on the basis of the documents accompanying the commodities upon clearance.

 Article 5: Determination of the compensation

  1. Due compensation of the Customs Agent may not exceed the cost of services pursuant to GTCCR which the latter has undertaken to provide. This value is determined based on the quoted price of the Customs Agent, and if such is not available – the current market price for the relevant service.
  2. Notwithstanding the preceding paragraph, the Customs Agent owes due compensation for caused by him/her damages shall be limited to € 3.00 for filling / shaping of a number of SAD CMR or TIR carnet, but not more than €30,00 for all actions of the Customs Agent within a particular service.
  3. Unless otherwise agreed by the Customs Agent the due shall be paid in BGN, as recalculated (where applicable) at the exchange rate of the Bulgarian National Bank on the date on which the damage has occurred, and if such date is unknown – on the date on which it has been found.

 Article 6: Only if expressly agreed in writing and against an additional payment the Customs Agent may agree to be liable for an amount exceeding the regulated in these GTCCR.

 Article 7: Limitations of liability pursuant to these GTCCR shall not apply if the damage is caused by the criminal acts of the Customs Agent.

 

IX. RECLAMATIONS

Article 1: Time-limits and procedures of the claim

  1. Responsibility of the Customs Agent may be involved if by submitting a letter of claim within the time-limit mentioned below the Customer notifies the Customs Agent for the damages caused by the actions of the latter, describing the nature and extent of the failure to contractual obligations and the grounds to claim his/her responsibility while submitting a copy of all the documents certifying the relevant allegations. The letter of claim shall be accompanied by regularly constituted and completed originals of the following documents: a confirmed for execution order, invoice value of commodities, a protocol for spot inspection and a finding of damage drawn up by duly accredited inspection authority or branch organization, if it is required.
  2. Failure to comply with the time-limits and procedures set out in paragraph (1) shall be considered in a way that the damage has not been caused by the fault of the Customs Agent and the latter shall not bear responsibility for it.
  3. Claim is properly filed only when the Customer has paid all due amounts to the Customs Agent without delay, reduction or setoff.
  4. Failure to comply with these provisions, as well as Customer / owner of the commodities / harmed person or a third person, having regard to the commodity by actions or inaction has thwarted the possibility of involvement of liability of the insurer and / or of lodging a recourse claim against the person who actually caused the damage, the Customs Agent may dismiss the complaint without requiring additional arguments.

 

X. PAYMENT OF EXPENSES AND REMUNERATION OF THE CUSTOMS AGENT

 Article 1: Maturity

  1. The Customer is obligated to pay the Customs Agent all amounts due on maturity without delay, reduction or setoff, whether these amounts constitute remuneration for services rendered, or refund of Customs Agent’s costs or damages suffered by the latter which under these GTCCR shall be borne by the Customer and / or jointly by the Customer and the third parties having rights in the commodities.
  2. If there is no express contractual maturity of the debt, it is assumed that the amount shall be payable within 10 days from the date of invoice to the Customs Agent who is working with Customers within the country and 14 days from the date of dispatch or delivery of invoice to Customers abroad.

 Article 2: If the Customer fails to pay the amounts due within the agreed period the same shall owe to the Customs Agent a compensation for delay in the amount of the statutory rate, namely the defined by the Bulgarian National Bank reference rate increased by 10 percentage points.

 Article 3: Insofar as this is not contrary to the foreign exchange regulations, the Customs Agent shall be entitled to require the Customer to pay in local or foreign currency. Unless otherwise agreed, in calculating the exchange rate one shall use the exchange rate of the Bulgarian National Bank on the date of invoice.

 Article 4: Collateral receivables

  1. The Customs Agent shall be entitled to require partial or full prepayment or security of the agreed remuneration, and for all costs that may arise in connection with the implementation of the order.
  2. The Customs Agent shall be entitled to take all reasonable steps to preserve his/her interests and to secure reimbursement of the damages incurred in the performance of the Order.

 Article 5: Unless expressly agreed otherwise the Customs Agent shall not be obligated at his/her own expense to provide guarantees and deposits, covering the payment of freight, fines, excise, customs, taxes or other expenses related to the commodities and to the provision of services in relation to them, and shall not be obligated either to pay in advance these amounts on the Client’s account.

If the Customs Agent still has provided similar guarantees and deposits on his/her own account, he/she may request the immediate restoration of the same.

Article 6: Deducting counter-claims between the Customs Agent and the Customer may be made only if the receivables are past due and not disputed by the Customs Agent.

XI. LIEN AND DISPOSAL OF COMMODITIES AND DOCUMENTS

 Article 1: Lien

  1. To secure his/her receivables from the Customer associated with the submitted pursuant to these GTCCR services, whether materiality is maturing, the Customs Agent shall be entitled unconditionally and irrevocably to lien on the commodities in his possession and customs and on commodity documents submitted in connection with assigned by the Customer order.
  2. This right extends to any other temporally in possession by the Customs Agent commodities, securities and cash owned by the Customer or in relation to which the Customer has dispositive power.
  3. No committed with the commodities dispositive deals and legal actions may be set against or impair the above lien.

 

XII. ETHICAL PRACTICES AND PRINCIPLES OF THE CUSTOMS AGENT

 Article 1: Bribery shall be in total contradiction with the essential standards of doing business of the Customs Agent. It shall be contrary to the free market, reduces public trust in business and government and shall be considered a crime in almost all countries worldwide.

 Article 2: Bribery shall be prosecuted by law and resulted in large financial penalties and imprisonment. Obviously, the public perception of a company that deals with corruption shall be negative and shall smear its reputation.

 Article 3: Gifts and entertainment shall be a normal part of business, but in some cases can damage the objectivity. Expensive gifts and entertainment may raise questions about the propriety of a behavior. The key to this shall be to exercise good judgment in providing or receiving gifts and entertainment.

 Article 4: Main points

  1. The Customs agent shall never offer or give anything of material value, in order to influence someone’s professional objectivity gaining in return commercial advantage.
  2. The Customs agent shall never want and accept anything that has material value and can greatly affect the objectivity related to his/her work.
  3. The Customs agent shall never offer or give a bribe. In the event that a civil servant requests bribe the Customs Agent should refuse even if it may lead to negative consequences for his/her business.

 Article 5: Principles

  1. The Customs Agent shall not accept anything of value that could affect the objectivity of his/her work. Also the Customs Agent shall not bribe anyone for whatsoever reason.
  2. Any Customs Agent should carry out the examination of the particular situation in order to ensure that relationships with government officials and private individuals shall not compromise it – but rather shall earn public confidence and respect.

Article 6: Responsibility for following the principles

All employees of the Customs Agent shall apply described principles and practices in these GTCCR and shall exercise due care when interacting with representatives of the state administration on behalf of the Customs Agent.

Article 7: The Customs Agent and the Customer shall agree to comply at any time with all applicable laws and regulations, including, but not limited to anti-corruption laws in the State within whose territory the Customs Agent will carry out actions related to the provision of services, subject to these GTCCR.

 Article 8: The Customs Agent and the Customer shall warrant that they haven’t done and will not do any wrong doing during implementing the agreed points between them, directly or indirectly promise, approve, allow or offer action or assistance for payment or provision of payment or benefit in order to influence, induce or reward any act, omission or decision to provide benefit that shall not followed; neither by illegal actions shall help obtain and retain business, nor by any actions shall seek or commit public or commercial bribery.

 Article 9: The Customer and Customs Agent shall declare and warrant that: (1) they do not possess interest that enters directly or indirectly in conflict with the lawful and ethical implementation of the agreements between them; and (2) that they will maintain scrupulous and equal relations with all third parties they are dealing with in fulfilling the obligations taken to the counterparty.

 

XIII. FINAL PROVISIONS

 Article 1: By mutual consent the Customs Agent and the Customer may come to an agreement of terms and conditions, different from the provisions of these GTCCR. This agreement shall be valid only if it is achieved in writing and not contrary to the mandatory provisions of applicable law.

 Article 2: All messages, notifications, inquiries, invitations or other documents concerning and relating to the provision of services, subject to these GTCCR should be in writing for validity, including e-mail, and be sent to the address, fax or e-mail of the relevant party. In the event of changing the address, fax or e-mail address, the relevant Party shall be obligated to provide notice in writing to the other one otherwise all messages submitted to it shall be considered regularly received

 Each party shall be obligated to notify in writing the other Party for registered changes in the name, seat and address of management, as well as persons who provide it within one week from the date of change.

 Article 3: Force majeure

  1. The Customs Agent shall not be responsible for default when there is a force majeure, in which case Article 106 and the next of the Commercial Act of the Republic of Bulgaria shall apply.
  2. Events beyond the control of the Customs agent that partially or completely inhibit the performance of his contractual obligations exempt from Customs Agent duties and liability under the contract for the duration of these events. In this case, each party shall be entitled to terminate the contract, regardless of whether it is partially implemented, in which the Customs Agent shall be entitled to receive the relevant part of the remuneration for the services provided, while being obliged to exercise reasonable care to protect the interests of the Customer / owner of the commodities.

 Article 4: All information made available to the parties under or in connection with the conclusion of a contract for the provision of services under these GTCCR shall be deemed confidential. The parties shall take all necessary measures against its disclosure to third parties without the express consent in writing of the other party and shall not use the information for purposes prejudicial to the interests of the other party. The term confidential information shall include any information relating to: management of the company of one of the parties, contractors, marketing activities, pricing, bidding, promotional offers, legal activity, accounting documents, computer programs and data, any information related to business studies any other information about the development and commercial reputation of a party.

 Article 5: All outstanding issues with these GTCCR shall apply to applicable international conventions, standards of the EU and the legislation of the Republic of Bulgaria.

Article 6: These GTCCR shall not govern the relationship between the Customs Agent and physical performers of services, assigned by the Customs Agent.

 Article 7: Legislative changes

  1. In case the existing and / or new mandatory rules for the activities and services of the Customs Agent must be changes, the parties shall be required to comply with the new requirements and to bring their relations in accordance with them. In that case, what is referred to in Article 4 of these GTCCR shall apply.
  2. If some of the provisions of these GTCCR have become inapplicable, this shall not affect the validity of the same. Instead of such provisions the relevant legal regulation shall apply in the relations between the parties.

 Article 8: All disputes arising from the interpretation and implementation of these GTCCR that may not be resolved voluntarily, shall be referred to the local competent court at the headquarters of the Customs Agent.

 

*   *   *

Members

СКОРПИО КЪСТЪМС

СТОРИДЖ

Unimasters Logistics

Social networks