General Terms and Conditions of Kühne + Nagel Kft for Customs Services 1. Recitals

Transcription

1 General Terms and Conditions of Kühne + Nagel Kft for Customs Services 1. Recitals The Kühne + Nagel Szállítmányozási Korlátolt Felelősségű Társaság (hereinafter: Agent) records those rights and obligations in this General Terms and Conditions (hereinafter GTC) which are obligatory to the same extent and degree for the contracting parties in the agency relationship regarding customs services; in the absence of separate agreement regarding this matter, in order to ensure complete enforcement of the rights of the contracting parties in the fulfillment of the customs services. 2. Definitions 2.1. Customs legislation: the existing European Union and national customs legislation, especially - Regulation (EU) No 952/2013 of the European Parliament and of the Council laying down the Union Customs Code (UCC) - Commission Delegated Regulation (EU) 2015/2446 (DA) supplementing Regulation (EU) No 952/2013 of the European Parliament and of the Council as regards detailed rules concerning certain provisions of the Union Customs Code - Commission Implementing Regulation (EU) 2015/244 (IA) laying down detailed rules for implementing certain provisions of Regulation (EU) No 952/2013 of the European Parliament and of the Council laying down the Union Customs Code - Commission Delegated Regulation (EU) 2016/341 supplementing Regulation (EU) No 952/2013 of the European Parliament and of the Council as regards transitional rules for certain provisions of the Union Customs Code where the relevant electronic systems are not yet operational and amending Delegated Regulation (EU) 2015/ The 2014/255/EU implementing decision (UCC work program) of the establishment of the work program of the Union Customs Code Act CLII of 2017 on the enforcement of the European Union s customs law and the decrees issued for its enforcement, especially Act CLXIX of 2017 on the promulgation of the Customs Convention and its revision on the A.T.A. carnet on temporary import procedure applicable to goods 11/2016 (29 April) of the Minister of National Economy on the detailed rules of the enforcement of EU customs law 12/2016 (29 April) of the Minister of National Economy on the detailed rules of the enforcement of customs free customs procedure 13/2016 (29 April) of the Minister of National Economy on the NATO documents applicable to customs procedures, the procedural rules of their application and issue, and on the special rules of the customs procedure for the movement of military units and goods Measures of prohibition or restriction: The whole legislation related to the import (including release for free circulation), export and transit of the kind of goods, which is tied to handing in any form of license, restriction, certificate, declaration, or other document.

2 2.3. Customs tariff number: The 10-digit code number originating from the tariff and statistical nomenclature, furthermore from the No 2658/87 of EEC regarding the Community Customs Code; which consists of the eight digit code number from the subheadings of the Combined Nomenclature, and from the 9th and 10th digit of the TARIC customs tariff subheadings Consignment: In the calculation of commission fees and customs duties one consignment is the from one seller to one buyer in one item with one international customs document, with one transport document and on one transport equipment (truck, wagon, container, etc.) arrived or sent, or in case of collective warehouse on one warehousing number stored good Principal: Private individual, legal entity, or of associations having no legal personality having authority over freight shipments transported from or to the customs territory of the Community, who gives empowerment for agency defined in Article 18 of UCC and with its signature accepts it, and at the same time acknowledges the regulations of the Customs GTC and that the Customs GTC is an inseparable part of the empowerment Customs clearance empowerment: By the Agent prepared, in the Article 18 of the UCC written form regarding the agency, on which in the given form the Principal informs the Agent about the relevant instructions and declarations regarding the customs procedure of the goods that fall under the obligations of customs formality, and which is signed by the for this eligible representative Subcontractor: Any third party engaged by the Assignee for the performance of the services. 3. Subject of the contract 3.1. The Principal entrusts the Agent with the Principal s customs- and related procedures of the tax authority, in connection with the Principal s commercial goods traffic, for the Principal s expenditure and as its representative The customs services unless specified by other agreement between the Principal and the Agent cover the customs procedure specified by the Principal in the Customs clearance empowerment, in case of other customs administration the Agent is liable to act on the behalf of the Principle only based on a separate written agreement The Principal is liable that the Customs clearance empowerment is signed by an authorized manager, employee, trustee who has full authority to declare the information included in it and is allowed to declare it; and knows that the signature of the Customs clearance empowerment establishes rights and obligations for the Principal. In case employee or trustee, not an authorized manager and not at the commercial court or at other court in the commercial register or in court registered administrator signs the Customs clearance empowerment in the name of the Principal then the procuration given by the authorized manager to the employee or trustee must be handed over to the Agent by the authorized person For the recourse of the services given in the point 3.1 of the Customs GTC the Principal is subject of the payment of service fees according to point 6 of the Customs GTC. The volume of the service fees is provided by a separate agreement between the Principal and the Agent, or in its absence by the Agent s effective price list, which is accepted by the Principal with the issue of the empowerment The Principal agrees with the issue of the empowerment that the Agent, in order to fulfill the customs services, is entitled to resort to third party.

3 4. Rights and obligations of the parties 4.1. For the fulfillment of the empowerment, the Principal is obliged to inform the Agent in time regarding the relevant information, which is done via handing over or via transfer by other persons the empowerments, invoices, shipping documents, declarations, certifications, for the more favorable customs rate necessary documents; with special attention to the specific name of the product, customs tariff number, qualitative and quantitative parameters, price and terms of delivery, delivery deadline and mode of delivery, name and address of the foreign partners The Principal is obliged to provide the copies of the supporting documents regarding the information named in point 4.1 of the Customs GTC (hereinafter: documents necessary for the customs duties), or for the request of the Agent the original copies of them With the customs clearance empowerment the Principal acknowledges that he knows the notion of affiliated undertakings and the factors increasing customs value from the Agent or another source, and makes the declaration of the customs values accordingly The Principal takes responsibility for every change in the data, circumstances that are actual or occurring after the customs clearance, about which it did not inform and/or did not give directions to take it into consideration for the customs clearances The Principal acknowledges that th e Agent shall undertake no responsibility for the damages and aggrievements - and the from this respectively resulting penalties by authorities, from the leeway, from the reporting shortcomings, or from the false content in the necessary data and information for the Agent s legal fulfillment of the contract The Client accepts that the Agent shall not be liable, whether during subsequent measures or other procedures, for the supply of untrue or false data. The Agent fully disclaims liability for the correction, accuracy, truthfulness or completion of the data and information received and the Agent shall not be required to assume any damage or costs caused under such circum-stances The Agent shall be liable for the professional performance of the customs administra-tion responsibilities assumed (administrative liability). Accordingly, the Agent may not claim any fee for the demonstrably unprofessional performance of his responsibilities The Agent is liable for the professional fulfillment of customs duties related to foreign trade contracts (administrative liabilities); therefore the Agent is not entitled to charges in case of provable inexpert performance The Agent does not analyze the expediency and the professionalism outside the given empowerment regarding the instructions and directions of the Principal. The Agent is not liable for the expenses, damages, and losses resulting from unprofessional and inexpedient instructions and directions. The Agent must decline the fulfillment of the instruction, if its fulfillment would lead to the violation of legislation or authority decisions; or would endanger life or property The Agent carries out the tasks of the Principal according to the related in force Hungarian and international laws, regulations and informatives, habits and rules and the in them stipulated responsibilities The Agent fulfills the contract in the interest of and according to the instructions of the Principal. The Principal s right about the instructions cannot be aimed to the violation of the laws connected to the tasks, and cannot be aimed to avoid the with the task connected charges, common duties and taxes. The Principal s instructions of this nature are not liable to be carried out by the Agent and the Agent has the right to decline.

4 4.12. The Principal declares that the Principal s imported goods which are subjects of customs clearance based on the current contract, are in compliance with the local product safety requirements, and furthermore has the necessary licenses for free circulation entry for goods under property right or copyright Assignee shall be entitled acc. to Hungarian Civil Code 6:129 - to engage subcontractor for the performance of undertaken customs clearance services. The subcontractor shall not be taken as customs representative. Assignee shall remain fully responsible for the subcontractor s performance as if performed by the Assignee itself The Client understands and accepts that the Agent is not required to give advice in matters of customs law. The Agent shall only give the Client advice on customs law under a separate written agreement The Client understands and accepts that the Agent reserves the right to use the infor-mation collected from the Client for the purposes of transport and optimisation. The Agent shall act in compliance with the effective data protection and accounting laws and the internal policies regarding all data received and their use and archiving The Client understands and accepts that the Agent is not required to check if the customs management engagement detailed in paragraph 2.6 has been signed by the Client s authorised signatory or an attorney-in-fact authorised by such person for this purpose. Accordingly, the Client s authorised representative may consider the customs management engagement as authenticated without seeing the Agent s separate power of attorney laid down in paragraph 3.3 unless the Agent finds beyond any doubt based on the engagement itself or any other available documents that the person signing the customs management engagement was unauthorised to sign the document. 5. Terms of fulfillment 5.1. Following the concluding of the empowerment but before the fulfillment of it, Principal is obliged to hand over the documents necessary for the customs clearances. Based on the handed over documents, the Agent initiates to conduct the customs procedure according to the Contract and/or Empowerment In case the Agent determines that the necessary information for the customs clearances are not available as a complete, or the enclosures of the application specified in the legislation are absent or do not meet with the requirements; the Agent requests the Principal for the completion of them. For the completion, and for ensuring the legal conditions the Principal is obliged to cooperate with the Agent forthwith and specially, bearing its costs In case the customs authorities decide to hold a customs inspection, then its charges are to be borne by the Principal In case the customs authorities do not accept (hand back) or reject the declaration based on the governing provisions of the Customs Legislation, the Agent must inform the Principal from this circumstance without delay. The Agent attaches the copy of the relevant customs decision to the notification, if such decision was communicated towards the Agent by the customs authority. In case the reason for the handing back or rejection was that the necessary information or instrument for the customs procedure were not available or did not meet the requirements, the Agent requests the Principal for the forthwith completion of them. After the completion the Agent is liable to augment the declaration and hand it in to the customs authority. In case the Principal does not complete them, incompletely fills them, or the completion is not carried out forthwith, then the Agent is not liable for the expenses, damages, and losses resulting from this The for the Agent delivered customs decisions, orders, claims and other requests in relation to the fulfillment of the empowerment the Agent forwards for the Principal, who is obliged to

5 carry out the fulfillment of the necessary measures stated in those In case after the customs clearance its modification, amendment, correction becomes warranted, then that can be initiated at the customs authorities by the Agent according to the specific empowerment of the Principal. In this case the costs of the empowerment shall be borne by the Principal, except if the Principal has clearly and identifiably to the customs procedure made the correct information available earlier in the customs clearance empowerment and the Agent made no specific remark regarding it. 6. Contract charges 6.1. For carrying out the empowerments the Agent is entitled for the commission fees according to the separate agreement, in its absence the Agent is entitled to the commission fees according to the Agent s effective price list. The commission fees of the activities that are not included in a separate contract or the price list of the Agent, the Principal and the Agent will determine by a mutual agreement, uniquely. These commission agreements are to be considered as the inseparable enclosure of the customs clearance empowerment Contract charges do not include the charges incurred during the with the fulfillment of the contract connected procedure duties and other procedure costs, taxes, charges and other common charges In case during the customs clearance empowerment legislative changes occur, or an order of public authority also affects the current empowerment, then Agent is to conduct the customs procedure according to the altered conditions. The possible additional costs resulting from the changes are borne by the Principal Contract charges do not include the charges of post-modification of the customs clearances, which are necessary not because of the Agent s fault (possible reasons: e.g. missing or not appropriate documents, certificates, invoices, discrepancy between data given on the documents and real data, etc.), and the incurring charges of customs place operators binding participant in customs clearances The Principal takes full and unconditional responsibility for paying every payable expense, charge, interest, fine and customs duty difference that is outside of the interest of the Agent The Agent is not liable to advance or pay the costs, duties and any other procedure costs, taxes, charges and other common charges The for the Agent delivered customs decisions, orders, claims and other requests in relation to the fulfillment of the empowerment the Agent forwards for the Principal, who is obliged to carry out the fulfillment of the necessary measures stated in those. 7. Governing law, dispute resolutions 7.1. The agency relationships established as the subject of the current GTC shall be solely governed by the Hungarian law not including the international conflict of laws Before the lawsuit the parties are liable to attempt reconciliation of their standpoint in a peaceful manner. If this is not possible, the parties stipulate Hungarian jurisdiction exclusively, and shall submit to the exclusive jurisdiction of the competent court where the Agent s principal place of business is related The present Customs GTC was prepared in Hungarian and English languages but in case of any disputes relating to its interpretation the Hungarian version shall prevail. Páty,1 January 2019