UK Customs Declarations LTD Terms & Conditions July 2021
This agreement is made between UK CUSTOMS DECLARATIONS LIMITED (UK-CD), registered number 06016216, whose registered office is at 46 Camden Road, London, NW1 9DR, and the CUSTOMER, whose details are shown on the Customer Engagement Form. UK-CD operates within the following Terms and Conditions and provides customs clearance services in the UK to the CUSTOMER using its own staff and facilities and/or by instructing sub-contracted partners.
1 : Appointment
1.1 These Terms and Conditions form a legally binding contract between UK-CD and the Customer governing the provision of customs related services and brokerage by UK-CD to the Customer.
1.2 UK-CD acts as the agent of the Customer for the purpose of performing duties related to the entry and release of goods, post entry services, the filing of documentation on behalf of the Customer and other dealings with HMRC and Government agencies. As to all other Services, UK-CD acts as an independent contractor.
1.3 The appointment of UK-CD by the Customer incorporates these Terms and Conditions and excludes any other terms and/or conditions (other than those which cannot be excluded by law). No other terms and conditions are binding on UKCD and the Customer waives any right to rely on these. UK-CD’s performance of any services is conditional on the Customer accepting these Terms and Conditions as written without any amendment. UK-CD’s pre-contractual quotations are nonbinding.
1.4 The Customer authorises UK-CD to act on their behalf in the capacity of a Direct Representative, in accordance with Union Customs Code with Regulation (EU) No. 952/2013. In accordance with the Union Customs Code, a Direct Representative acts in the name of and on behalf of another person. In relation to import/export declarations, the importer/exporter will be liable for any customs debt arising from the declaration. Authorisation applies to all relevant consignments arriving into or departing from the UK.
1.5 These Terms and Conditions supersede any claimed, alleged or asserted oral agreement, promise, representation, or understanding between or among the parties with respect to the customs related services provided by UK-CD.
1.6 Services are performed with reasonable skill and care and are deemed accepted unless a written complaint is received within 5 days of performance.
1.7 All information/data sent and received from either party is confidential and must not be passed on to any third party.
2.1 UK-CD depends on the Customer providing accurate information and data relating to each Consignment. The Customer is solely responsible for ensuring that all information provided to UK-CD is accurate and complete. UK-CD is not liable for the following:
(i) any error or omission in any information provided or
(ii) any loss arising from any inaccuracy or omission in any such information.
3. Fees and Disbursements 3.1 The fees chargeable will be published on the UK-CD website www.uk-customs.com and the pricing will be confirmed as detailed in any official quotation issued.
3.2 All charges and fees quoted are exclusive of VAT which is payable at the current rate unless otherwise stated.
3.3 UK-CD shall issue invoices to the Customer for all fees and disbursements relating to the services carried out on behalf of the Customer.
3.4 Any such invoices shall be payable by the Customer upon receipt of invoice and in advance of the services being provided to the Customer.
3.5 Any disbursements incurred by UK-CD on behalf of the Customer shall be reimbursed to UK-CD by the Customer.
3.6 Upon request by UK-CD, the Customer shall provide to UK-CD, prior to the release of a shipment of goods imported by the Customer, sufficient funds to enable UK-CD to pay on behalf of the Customer all Disbursements that are estimated by UK-CD to be payable on such shipment.
3.7 If UK-CD determines that additional funds are required with respect to goods imported by the Customer, the Customer shall upon demand advance such additional funds to UK-CD.
3.8 If, after payment of Disbursements by UK-CD concerning the goods imported by the Customer, any balance of funds remains outstanding to the credit of the Customer, UK-CD shall return to the Customer, unless instructed by the Customer to the contrary, any remaining balance of funds.
3.9 If the Customer fails to advance funds to UK-CD upon request by UK-CD as aforesaid, UK-CD shall have no obligation with respect to rendering Services concerning the goods for which advance funds had been requested by them.
3.10 The Customer shall pay all out of pocket costs incurred by UK-CD in relation to the Services in addition to the Fees. Fees may be varied to take account of any increase in UK-CD’s costs of supplying Services.
3.11 The Customer shall pay in the currency as agreed in the quotation/invoice.
3.12 UK-CD reserves the right to charge interest or an administration fee for any overdue invoices.
3.13 If any additional duty or taxation demand is made related to a shipment that has not been collected by UK-CD and subsequently demanded/imposed by any Government agency and/or any third party, then this will be the sole liability of the Customer to pay.
4. Customer Obligations
4.1 The Customer confirms that it has full authority to retain, appoint and instruct UK-CD; that it is the importer, exporter, logistics provider, Customs broker or owner of the goods for which it has retained UK-CD and that all information provided to UK-CD shall be true, complete and accurate and confirms that UK-CD is reliant on all such information to provide the services to the Customer.
4.2 The Customer shall:
i. provide to UK-CD all information necessary for UK-CD to provide the services, including any information required to complete data requirements and/or Customs documentation.
ii. review all documentation and/or data promptly and notify UK-CD of any errors, inaccuracies or omissions found immediately.
iii. indemnify UK-CD against any and all actions, claims or demands of any kind whatsoever which arise from third party claims which result from inaccuracies, mistakes or omissions in the information and documentation provided to UK-CD by the Customer or its agents and relied upon by UK-CD.
iv. reimburse and indemnify UK-CD with respect to any of the matters set out in subparagraph 3.13
4.3 In the preparation and submission of customs entries, applications, export declarations, security filings, documentation and/or required data, UK-CD is reliant on the accuracy of all documentation, whether written or electronic, and all information provided to UK-CD by the Customer, including but not limited to tariff classification and related information. The Customer will ensure that they use all reasonable care to provide accurate documentation and information. The Customer will indemnify UK-CD against any claims, liability or losses, including but not limited to legal fees, suffered by reason of the Customer’s failure to disclose documentation or information, or any incorrect, incomplete or false statement by the Customer or its agent, representative or contractor upon which UK-CD reasonably relied. The Customer agrees that the Customer has an affirmative non-delegable duty to disclose any and all documentation and information required to import, export or enter goods.
4.4 The Customer agrees to indemnify UK-CD against any claims and/or liability, fines, penalties and/or legal fees (regardless of whether or not legal action is filed) arising from the import or export of Customer merchandise, and/or any conduct of the Customer, including but not limited to the inaccuracy of entry, export or security data supplied by the Customer or its agent or representative, which violates any applicable laws, and further agrees to indemnify UK-CD against all liability, damages, loss, claims, costs, penalties, fines and/or expenses, including but not limited to reasonable legal fees (regardless of whether legal action is filed), which UK-CD may hereafter suffer, incur or be required to pay as a result of any such claims.
4.5 The Customer shall be solely liable for:
i. any Customs fines, penalties, duties, interest or other levies imposed by Customs or other Government Departments with respect to the goods imported or to be imported, or exported or to be exported, by the Customer.
ii. any and all disbursements made by UK-CD on behalf of the Customer;
4.6 The Customer undertakes not to use the services of UK-CD for any illegal or unlawful purpose or in a manner which constitutes a violation or infringement of the rights of any other party.
5. Our Obligations
5.1 Any information sent and received from either party is confidential and must not be passed on to any third party without prior consent of the other party.
5.2 The Customer acknowledges that it is responsible and solely liable for maintaining all records required under Customs regulations and/or other laws and regulations. Unless otherwise agreed in writing, UK-CD will only keep any such records that it is required to maintain by law, but will not act as a “record keeper” or “record keeping agent” for the Customer.
5.3 UK-CD shall take reasonable steps to provide Services in accordance with the instructions from the Customer.
6. Limitation of Liability
6.1 All warranties, terms and conditions implied by law relating to fitness, quality or adequacy are excluded to the fullest extent permitted by law but not otherwise. Liability for fraud, death or personal injury resulting from UK-CD’s negligence is not excluded. UK-CD is not liable for indirect losses, loss of profits, damage to goodwill, damage to property, economic loss, consequential losses, special damages; business interruption, wasted expenditure, loss of business, loss of opportunity and/or production, removal of defective Goods or installation of substituted goods.
6.2 The Customer shall indemnify UK-CD, its employees, sub-contractors and agents against loss and/or damage, or injury or death of any person caused by any negligent act or omission or wilful misconduct of the Customer, its employees, agents or sub-contractors.
6.3 UK-CD is not liable:
(i) for defaults caused by the Customer and/or for complying with any directions given by the Customer.
(ii) for circumstances beyond its control such as: any failure or delay providing services a result of Customs computer systems being unavailable or incapable of receiving data for any reason; governmental actions, acts of war, emergency, civil disturbance, terrorism, Act of God, fire, explosion, flood, epidemic, accident; power failure, breakdown of machinery, import or export embargo; labour dispute; national shortage of materials, fuel, parts, machinery or labour.
(iii) for any delay or failure in any service provided which is caused by an error in any information provided by the Customer.
6.4 UK-CD is not liable for any duty or tax payable on any consignment or otherwise which is payable by the Customer.
6.5 Any errors or omissions in Customs documents and/or data transmissions must be reported in writing to UK-CD by the Customer within 48 hours.
6.6 The Customer shall notify UK-CD of any potential claims/liabilities in writing within 28 days.
6.7 No liability for consequential damages. In no event shall UK Customs Declarations Limited or its suppliers be liable to the Customer for any consequential losses arising as a result of the services that UK-CD have provided. In no event will UKCD’s liability for any claim, whether in contract, tort or any other theory of liability, exceed the service fee paid by the Customer, if any.
6.8 UK-CD shall not be liable for any delay or failure in performing any service caused by an error in any information provided by the Customer.
6.9 The liability of UK-CD to the Customer or Customer’s employees, agents, subcontractor, clients or any other person under or in connection with the Contractual Documents shall be limited by the provisions of these Terms and this section (Limitation of Liability). Except for death or personal injury resulting from the negligence of UK-CD or its employees, UK-CD’s total liability to the Customer under or in connection with the services provided shall be limited to the service fee paid, if any.
7.1 UK-CD can suspend or terminate the appointment by giving written or verbal notice if:
(i) The Customer breaches these terms and conditions or any other contract with UK-CD;
(ii) The Customer fails to pay money when due and payable;
(iii) The Customer is declared or becomes insolvent or bankrupt, enters into receivership, administration, liquidation, administrative receivership or has a moratorium declared in respect of any of its indebtedness, or threatens to do any of these;
7.2 Termination of a Contract is without prejudice to rights and duties arising prior to termination and without prejudice to any other Contract in force.
7.3 If the Customer terminates a Contract without lawful cause, the Customer shall indemnify UK-CD for all liabilities and losses incurred by UK-CD.
7.4 Following termination, if there are any outstanding matters pertaining to the Customer for which UK-CD has been engaged by the Customer and for which UK-CD remains liable, the Agreement shall continue in force with respect to such matters until they are concluded and payment by the Customer to UK-CD of such funds as may be required to satisfy all outstanding payment liabilities of UK-CD to Customs and others (including all Fees and Disbursements) has been made by the Customer.
8.1 No statement made to the Customer is binding on UK-CD unless it is in writing and UK-CD confirms in writing that the Customer can rely on it. No variation is binding on UK-CD unless in writing signed by UK-CD.
8.2 No contract is enforceable by any person other than the Customer and UK-CD. The Customer cannot assign its rights or subcontract its obligations under a contract with UK-CD. UK-CD may sub-contract in whole or part obligations under the obligations to deliver to the Customer.
8.3 Unenforceable conditions will not affect the enforceability of the remainder of a contract. Failure to enforce a provision is not a waiver of any rights under the Contract. UK-CD’s remedies are cumulative not exclusive. Losses of UK-CD include losses incurred or suffered by its suppliers and by its affiliates in aggregate.
8.4 The Customer agrees to abide by UK-CD’s Terms and Conditions. Our current Terms and Conditions are displayed on the UK-CD website and will be sent out with all invoices.
8.5 This agreement (and any non-contractual obligations arising out of or in connection with it) is governed by the laws of England and is subject to the exclusive jurisdiction of the English courts.
8.6 Both parties agree to be bound by the provisions of the GDPR May 2018
8.7 The Customer confirms that these Terms and Conditions have been read, understood and agrees to abide by them