- General conditions
1.1 Sivex International Ltd (henceforth the Customs Agency) provides for the client (henceforth the Customer) according to the written and enclosed Contract on representation the following services dealing as an direct, if other is not stated in the Contract, representative of the Customer:
1.1.1. draws up customs documents on importing/exporting goods and guarantees transit transport of goods on the EU territory,
1.1.2. guarantees and pays the customs debt to Estonian Tax and Customs Board or EU Customs boards,
1.1.3. executes customs storage of goods, storage of goods in pawn store and storage of excise goods
1.2 Rendering services to Customer is performed in accordance with:
1.2.2. price list
1.2.3. present General Provisions
1.2.4.rules of registration and activities of the Customs Agency,
1.2.5. technical capacity of Customs Agency (dimension of stores, specific terms of maintenance, amount of customs guarantees etc.). Preparation of electronic copy of documents (TIR etc.)
1.2.6. other legal acts regulating the crossing of EU customs borders,
1.3. A Customer registered in an EU member state except Estonia must confirm that he has been registered as VAT tax payer in his register state according to EU Directive No VI,
1.4.The Customer guarantees payment for services provided by the Customs Agency, as well as that the signatory has full power of attorney to sing contract between Customer and Customs Agency and that signatory is acquainted with present General Provisions and price list and the Customs Agency hasn’t any need of additional check of it’s mandate.
2.Obligations of parties.
2.1. Customer unconditionally and irrevocably undertakes:
2.1.1. to follow Estonian and EU customs regulations and to take full responsibility, also financial responsibility, for correct and exhaustive data presented for drawing up customs documents, as well as for conformity of such data to the actual specification, quality and quantity of the goods,
2.1.2. to forward goods after crossing EU customs border invariably to the required locality within time limit specified in the customs declaration.
2.1.3. to immediately present to Customs Agency all necessary documents required for customs clearance. On Customs Agencyґs request the Customer must present all or part of documents in originals,
2.1.4. to present to Customs Agency all necessary data for declaring goods according to goods positions on goods declarations(goods specification, weight, price, mode of packing and units, substantiation of transport expenses),
2.1.5. immediately after completion of the transit transportation to fax to the Customs Agency the transit declaration with the stamp indicating the reception of goods at the place of destination and post named declaration to Customs Agency within next 5 days,
2.1.6. In case of delay in settlement of transit declaration the Customs Agency is authorized to charge penalty of 20.- EUR for every day of delay including the date of settlement of the declaration/
2.1.7. On customs procedure 42 to indicate CMR 13 division the requisites of Customs Agency,
2.1.8. On customs procedure 42 to return to Customs Agency in five days after receiving goods the original of CMR with the stamp indicating the reception of goods at the place of destination,
2.1.9. to appoint a person empowered to represent the Customer at customs and Customs Agency and solve the problems of customs regulations and sign documents,
2.1.10. to exploit the goods only after the approval of imported goods declaration at the customs,
2.1.11. To communicate about all relevant changes in Customerґs activity(address, contact requisites etc.)
2.1.12. to indemnify to Customs Agency doubly all fines and penalties inflicted due to Customers infringement of p.2.1 of present General Provisions, as well as reimburse all past and future expenses of the Customs Agency caused by violation of General Provisions by Customer and to pay extra 20% penalty from the amount of latter expenses,
2.1.13. to inform Customs Agency on storage about specific qualities of goods essential from the point of storage,
2.1.14. to inform interested persons about Customs Agencyґs pawn rights to the goods stored by the Customer in customs, excise and pawn stores.
2.1.15. To store the goods only after presenting a document confirming his right to exploit the goods,
2.1.16. to participate in making inventory of goods. In the absence of the Customer’s representative while making inventory the Customs Agency undertakes making inventory on it’s own. Any discrepancies shall be fixed in an act signed by at least one representative of a third party. Posterior claims of the
Customer shall be not accepted,
2.1.17. to provide his representatives with necessary mandate for receiving and delivering of goods,
2.1.18. on Customs Agencyґs request to present a notarized mandate to these persons.On storage and delivery of goods a legal deed is drawn up to be signed by both authorized parties,
2.1.19. to present a list of authorized persons in the contract( p.2.1.15 of Provisons).Indicating their names and personal identification numbers,
2.1.20. the risk of accidental damage,demolition or loss of goods passes to Customs Agency after signing the consignment of the goods received at customs,excise and pawn stores.
2.1.21. the risk mentioned in the previous clause passes to the consignee after signing the consignment of the goods delivered from the customs,excise and pawn stores,
2.1.22. in the case of accidental damage,demolition or shortage of goods by their loading on receiving or delivering a legal deed is drawn up fixing pecuniary and physical damage.Appending of photos is recommended.
2.2. Customs Agency undertakes:
2.2.1. to organize the discharging of customs formalities in accordance with p.1.2. of present General Provisions and customs regulations in force,
2.2.2 to pay fixed import/export and customs taxes on drawing up customs documents(except guarantee duties) according to regulations fixed in legal acts.
2.2.3. to present a guarantee to the customs for the payment of customs taxes,
2.2.4. to warrant the correct filling in of customs documents and the implementation of drawing up customs in accordance with customs regulations,
2.2.5. to warrant the customs debt,
2.2.6. to co-ordinate if necessary the code of goods in the customs and pay according to the price list,
2.2.7. to store and book the quantitity of the goods delivered by Customer,
2.2.8 to warrant the preservation of goods in quantity and keep them intact by other persons,
2.2.9 to permit the use of customs terminal for customs inspection,
2.2.10 to receive and deliver goods to the Customerґs representatives provided with valid mandate,
2.2.11 To release goods from the warehouse on requests of Customers representative received via e-mail or fax,
2.2.12 to redress the loss,shortage or damage of Customerґs goods at the customs store or terminal.The value of the goods is the price of the goods at storage.If the quality of the goods changed as the result of storage and they have become unusable in their original purpose the Customer has the right
of refusing to accept the goods and request to redress their value.
- Rules of payment for service.
3.1. Customer pays to Customs Agency for its service the price valid in the beginning of sevice rendering according to the Customs Agencyґs price list. International payments are effected on the conditions of “total amount to beneficiary”.
3.2. in case of absence of prices in the price list the prices in the Contract are applied,
3.3. The VAT is added to the prices stated in the price list or Contract as provided for in Estonian and EU legislation,
3.4. the Customer pays for the rendered by the Customs Agency service according to the invoice by bank transfer or in cash in the Customs Agencyґs booking office,
3.5. Customs Agency presents at his own discretion the invoices to the Customer monthly but before the expiry of 5 days of the next month or for every service separately,
3.6. Customs Agency may send the invoices by fax,post or e-mail,
3.7. By default Customs Agency provides services on the condition “payment against service”. Other deadline for payment of invoices of “Customs Agency” shall be stated in the contract with the Customer.
3.8. for negligence of maturity the Customs Agency requests a fine for delay of 0,07% of delayd amount for every exceeded day ,
3.9. the money received from the Customer is used in the first instance for paying off the fine for the delay and the remainder to cover the main debt,
3.10. The Customs Agency has the right to retain goods as well documents of the Customer, as the pledge, till total outstanding Customer debt is settled, possible Customer losses arising from such retention are not compensated.
- Additional provisions.
4.1. the Customs Agency is not liable for the losses of the Customer caused by the late presentation, incompleteness or unauthenticity of the documents, presented for customs cleaning, and related delay in customs cleaning or specific requirements applied by the customs authorities,
4.2. the Customs Agency is not liable for the damage of the goods caused by their characteristic,outdating of realisation time or force-majeure,
4.3. If the non-paid period of storage of Customer goods in the storage facilities of the Customs Agency shall exceed 30 days, this shall be considered as a voluntary resignation of the Customer from the ownership to these goods in favour of the Customs Agency without Customer rights for any compensation. In such case the Customs Agency has the right to dispose of the goods at his own discretion,
4.4. Contract between Customer and Customs Agency is concluded either for processing of a separate consignment, or for period of time. By default contact is considered as concluded for processing of a separate consignment. Otherwise, period of contract validity shall be stated in the Contract. Any of Parties has the right to unilateralу withdraw from the Contract with 90 days prior notice sent to the other Party and after carried out of any obligations derived from the Contract.
4.5. If the outdated indebtedness of the Customer exceeds 100,00 EUR the Customs Agency has the right to stop unilateraly service rendering until the total pay off of the debt to Customs Agency has been done, if not agreed otherwise. After full settlement of the debt the Customs Agency on its own has the right to further provide services for such Customer under 100% down payment condition
4.6. The Customs Agency has the right to modify unilaterally General Provisions, price list , proposed services and their character informing the Customer by insertion of related modifications in documents on the Customs Agency Internet site with indication of the date of enforcement of such modifications, that shall be not earlier than plus 30 days to the date of insertion of modifications.
4.7. if the Customer does not inform by letter during the time fixed in p.4.6 about his intention to terminate the Contract, the Customer is considered to have agreed to prolong the contract with modifications,
4.8. By breaking up the contract ahead of time according to p.4.7, the rights and liabilities of the parties are treated according to p.4.4 of General Provisions,
4.9.the present General Provisions are applied also in case when Customs Agency is rendering services to the Customer according to an oral agreement which can be rescinded at any time without previous informing of the Customer,
4.10. Every message is considered to have been legally forwarded if it has been sent by registered letter to the address of the party noted in the Contract. It is allowed to send urgent requests via e-mail or fax.Original documents must be sent later in registered letter,
4.11. In case of discrepancies between the provisions of General Provisions and those of the contract the provisions of the contract are to be applied
4.12. The text in Estonia language shall be considered as the original while the interpretention.
4.13. Any disputes originated from the fuklfillment of the contract arve solved by negotiations.If an agreement has not been achieved the dispute has to be solved in Pдrnu County Court.
The present General Provisions have been approved by the board of
Sivex International Ltd.at 16.dec.2005.
Corrections have been done on July 23, 2008 to Articles 2.1.15, 2.2.11 and 4.10
Corrections have been done on 29.10.2008 to Article 3.7.
Corrections have been done on February 28, 2009 to Articles 3.7.and 3.10.
Corrections have been done on January 04, 2010 to Articles 1.4
Corrections have been done on November 30, 2015 to Articles 3.7.: 4.4.
Corrections have been done on July 20, 2017 to Articles 4.3, 4.4, 4.5, 4.6
Corrections have been done on Nov. 01, 2018 to Articles 2.1.6.
Corrections have been done on April. 01, 2018 to Articles 2.1.8.