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, designated agent, 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.
(e) Unless otherwise stated, if applicable, duty and/or tax is converted and invoiced in USD. A 3.95% disbursement fee is also applicable to any duty and/or tax outlaid on Customer’s behalf.
(f) Requests for refunds of taxes, duties, fees, retributions or charges invoiced by competent authorities with regard to undelivered shipments, general returns or incorrect data will have to be agreed on a case by case basis between Landmark Global and the 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.
(c) In case the Customer has chosen services including customs clearance, it is the Customer’s obligation to grant, or to ensure that the Receiver will grant (at the latest at the moment of conclusion of the sales contract between the Customer and the Receiver), a written, irrevocable and unconditional power of attorney (legal permission) to Landmark Global or its designated agent, to act on behalf, at the expense and at the risk of the Customer, or as the case may be, the Receiver, to undertake the following actions:
- to fulfill all customs formalities (including but not limited to the arrangement of the importation of each Harmonized systems code shipped by the Customer, the assignment and amendment of Harmonized System classification codes and any other product or service codes, the payment of any duties or taxes required under applicable laws and regulations, the management of any dispute with all relevant customs and revenue authorities regarding customs classifications, applicable duties and/or taxes and the completion of all required documents to this end);
- to designate the customs agent(s) of its choice;
- to present for customs clearance in the country of its choice and to acknowledge that the country of customs clearance will not necessarily be the country of residence of the Receiver;
- to submit requests for repayment, remission or refund and to submit written objections or appeals relating to incorrect data stated in the customs declaration (as compared to the data supplied when the order was placed);
- to proceed, at the request of the Customer, or as the case may be, the Receiver, to submit requests for repayment, remission or refund and to submit written objections or appeals relating to incorrect data supplied when the order was placed;
- to submit written objections or appeals relating to corrections up to the completion of the verification of the customs declaration;
- to receive payment of all import duties, taxes and all other sums or damages, as well as any interests thereto, directly to the bank account of Landmark Global or affiliated companies in case of successful requests for repayment, remission or refund. Landmark Global will be fully entitled to all repayments, remissions and refunds, including all interests, obtained under this article.
(d) It is the Customer’s full and sole responsibility to provide Landmark Global with a power of attorney which is complete, valid as to the form, content, language, etc. and acceptable for the relevant customs authorities.
(e) Under no circumstances shall such power of attorney, granted by the Customer or the Receiver, create a direct contractual relation between Landmark Global and the Receiver or allow the Receiver to create or assume rights or obligations on behalf of Landmark Global.
(f) In case of failure to provide the above mentioned power of attorney or of any other non-compliance with this article, the Customer shall remain fully and solely liable for, and shall indemnify Landmark Global for all duties and taxes, and protect, defend and hold harmless Landmark Global against any and all claims, liabilities, fines, penalties, damages, costs or other consequences as a result of the non-compliance to these customs provisions, including but not limited to:
- the payment of all costs and charges ensuing from any request for documents to confirm Landmark Global’s authority in such a case to the customs authorities;
- the payment of all costs and charges for any Shipments to and returns from countries where entry is not permitted;
- any Shipments abandoned in customs, which are or may be considered undeliverable.
(g) The Customer further acknowledges that he shall be prohibited from sending B2B parcels (intended for resale purposes) for services including customs clearance, unless prior written approval, as well with regard to the specific conditions, from Landmark Global.
(h) The Customer expressly agrees that, where customs clearance of the Shipments is required, the personal data figuring on customs document as well as the relevant Harmonized systems code(s), shall be transmitted (electronically) to Landmark Global and its agencies authorized by Landmark Global, the postal operator, customs authorities and IPC or similar organizations or subcontractors and competent authorities in the country of departure and destination for pre-announcement purposes. The Customer confirms having duly informed the Receiver of this intended use and having obtained his consent for such transmission of his personal data.
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.