1. Terms – (a) In the event that Landmark Global is obliged to fulfill customs formalities, this will be done on Customer’s behalf and at Customer’s expense, either by Landmark Global itself or by a designated agent.
(b) Where Landmark Global acts as a customs broker/agent on behalf of Customer under the authority of a power of attorney and appended or related terms and conditions that govern the provision by Landmark Global of customs broker/agency services to Customer, such power of attorney and appended or related terms and conditions govern the provision of customs brokerage services by Landmark Global to Customer, and will prevail over the terms of these Customs Terms and Conditions to the extent of any inconsistency.
(c) Customer, or Customer’s customer, as the case may be, is and will remain the importer of the shipments in question regardless of whether Landmark Global has obtained customs clearance in lieu of the importer or otherwise has cleared or accounted for the shipments by using Landmark Global’s own importer account or in any other manner. Where Customer’s customer is the importer or owner of the shipments, Customer remains fully liable for the Excluded Costs.
(d) An administrative charge can be levied by Landmark Global for shipments that, upon inspection of Landmark Global’s officials or the competent authorities, are found to be undeclared or underdeclared in value, or to contain incorrect or missing customs documents or information. This charge will be levied in addition to any return charge to Customer.
2. Customer Responsibilities – (a) Customer is exclusively liable for compliance with customs formalities and any applicable laws and regulations, including but not limited to import and export regulations of the origin, destination and transit countries. Customer acknowledges it is fully liable to civil and/or criminal penalties and/or prosecution if it makes untrue, inaccurate, incomplete or misleading declarations about the content of shipments, including, without limitation, the values, origin and classifications (including harmonized systems codes) of the contents of all shipments. If Customer makes untrue, inaccurate, incomplete or misleading declarations about the content of shipments, Landmark Global has the right to terminate the Services Agreement unilaterally by registered letter.
(b) Where applicable, Customer is responsible to have the valid certificates or other proof of origin to support any preferential tariff treatment applications claimed on import documentation or required to fulfill any other customs formalities, and Customer agrees that these certificates will be made available if requested by Landmark Global or any Applicable Authority.
3. Liability of Customer – Customer agrees and understands that Customer is solely responsible for providing Landmark Global with true, accurate and complete information for customs declarations (including, without limitation, values, origins and classifications of the content of all shipments) and/or other documentation to be submitted to an Applicable Authority (including harmonized systems codes) and Landmark Global has no responsibility to verify such information and is not liable for any decision made in relation to it by an Applicable Authority. Where Landmark Global has provided or completed customs declarations or other documentation on behalf of Customer, including by providing harmonized systems codes, Customer remains liable for the consequences of the decisions taken by any Applicable Authority. Customer is fully liable for untrue, inaccurate or incomplete information furnished by Customer for purposes of customs declarations, and for the consequences of the decisions taken by any Applicable Authorities pursuant to the checking of international shipments submitted to their controls.
4. Indemnity – Customer shall, and does hereby, fully defend, reimburse, indemnify and save harmless Landmark Global against all customs duties, fines, penalties, interests, taxes and/or other levies imposed by any Applicable Authority with authority in respect of international shipments that are imported/exported or to be imported/exported across national borders.