{"id":1982,"date":"2021-07-04T14:37:27","date_gmt":"2021-07-04T14:37:27","guid":{"rendered":"https:\/\/sivex.ee\/?page_id=1982"},"modified":"2022-02-28T08:41:54","modified_gmt":"2022-02-28T08:41:54","slug":"general-provisions","status":"publish","type":"page","link":"https:\/\/sivex.ee\/en\/general-provisions\/","title":{"rendered":"General provisions"},"content":{"rendered":"\t\t
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General provisions of the services rendered by Sivex International Ltd<\/h2>\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/div>\n\t\t\t\t
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Enforced since 16 December 2005<\/h2>\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/div>\n\t\t\t\t\t\t\t<\/div>\n\t\t<\/section>\n\t\t\t\t
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  1. General conditions<\/li><\/ol>

    \u00a0\u00a0\u00a0 1.1 Sivex International Ltd (henceforth\u00a0 the Customs Agency) provides for the client (henceforth the Customer) according to the written and\u00a0 enclosed Contract on representation the following services dealing as an direct, if other is not stated in the Contract, representative of the Customer:<\/p>

    \u00a0\u00a0\u00a0\u00a0\u00a0 1.1.1. draws up customs documents on importing\/exporting goods and guarantees transit transport of goods on the EU territory,<\/p>

    \u00a0\u00a0\u00a0\u00a0\u00a0 1.1.2. guarantees and pays the customs debt to\u00a0 Estonian Tax and Customs Board or EU Customs boards,<\/p>

    \u00a0\u00a0\u00a0\u00a0\u00a0 1.1.3. executes customs storage of goods, storage of goods in pawn store and storage of excise goods<\/p>

    \u00a0\u00a0 1.2 Rendering services to\u00a0 Customer\u00a0 is performed in accordance with:<\/p>

    \u00a0\u00a0\u00a0\u00a0\u00a0 1.2.1. contract<\/p>

    \u00a0\u00a0\u00a0\u00a0\u00a0 1.2.2. price list<\/p>

    \u00a0\u00a0\u00a0\u00a0\u00a0 1.2.3. present\u00a0 General Provisions<\/p>

    \u00a0\u00a0\u00a0\u00a0\u00a0 1.2.4.rules of registration and activities of the Customs Agency,<\/p>

    \u00a0\u00a0\u00a0\u00a0\u00a0 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.)<\/p>

    \u00a0\u00a0\u00a0\u00a0\u00a0 1.2.6. other legal acts regulating the crossing of EU customs borders,<\/p>

    \u00a0\u00a0 1.3. A Customer registered in an EU member state except Estonia must confirm that he has been registered as VAT tax payer\u00a0 in his register state according to EU Directive\u00a0 No VI,<\/p>

    1.4.The Customer guarantees payment for services provided by the Customs Agency, as well as\u00a0 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.<\/p>

    2.Obligations of parties.<\/p>

    \u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 2.1. Customer\u00a0 unconditionally and irrevocably undertakes:<\/p>

    \u00a0\u00a0\u00a0\u00a0\u00a0 \u00a02.1.1. to follow Estonian and EU customs regulations and\u00a0 to take\u00a0 full responsibility, also financial responsibility, for correct and exhaustive\u00a0 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,<\/p>

    \u00a0\u00a0\u00a0\u00a0\u00a0 2.1.2.\u00a0 to forward goods after crossing EU customs border invariably to the required locality within time limit specified in the customs declaration.<\/p>

    The “Customs Agency” has the right to demand from the “Customer” reasonable confirmation of the arrival of the vehicle at the destination place.<\/p>

    \u00a0\u00a0\u00a0\u00a0\u00a0 2.1.3.\u00a0 to immediately present\u00a0 to Customs Agency all necessary documents required for customs clearance. On Customs Agency\u0491s request\u00a0 the Customer must present all or part of documents in originals,<\/p>

    \u00a0\u00a0\u00a0\u00a0\u00a0 2.1.4.\u00a0 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),<\/p>

    \u00a0\u00a0\u00a0\u00a0\u00a0 2.1.5.\u00a0 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,<\/p>

    \u00a0\u00a0\u00a0\u00a0 \u00a02.1.6. 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\/<\/p>

    \u00a0\u00a0\u00a0\u00a0\u00a0 2.1.7. On customs procedure 42\u00a0 to indicate CMR 13 division the requisites of Customs Agency,<\/p>

    \u00a0\u00a0\u00a0\u00a0\u00a0 2.1.8.\u00a0 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,<\/p>

    \u00a0\u00a0\u00a0\u00a0\u00a0 2.1.9.\u00a0 to appoint a person empowered to represent the Customer at customs and Customs Agency\u00a0 and solve the problems of customs regulations and sign documents,<\/p>

    \u00a0\u00a0\u00a0\u00a0\u00a0 2.1.10.\u00a0 to exploit the goods only after the approval of imported goods declaration at the customs,<\/p>

    \u00a0\u00a0\u00a0\u00a0\u00a0 2.1.11.\u00a0 To communicate about all relevant changes in Customer\u0491s activity(address, contact requisites etc.)<\/p>

    \u00a0\u00a0\u00a0\u00a0\u00a0 2.1.12.\u00a0 to indemnify\u00a0 to Customs Agency doubly all fines and penalties inflicted due to Customers\u00a0 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,\u00a0<\/p>

    \u00a0 \u00a0 \u00a0 2.1.12.1 In case of violation by the “Customer” of non-monetary obligations arising from this General Conditions, the “Customs Agency” has the right to impose the fine of 200 euros on the “Customer” for each such violation. Payment of the fine does not release the “Customer” from the obligation to fulfill the violated requirement in kind.<\/p>

    \u00a0\u00a0\u00a0\u00a0\u00a0 2.1.13.\u00a0 to inform Customs Agency\u00a0 on storage about specific qualities of goods essential from the point of storage,<\/p>

    \u00a0\u00a0\u00a0\u00a0\u00a0 2.1.14.\u00a0 to inform interested persons about Customs Agency\u0491s pawn rights to the goods stored by the Customer\u00a0 in customs, excise and pawn stores.<\/p>

    \u00a0\u00a0\u00a0\u00a0\u00a0 2.1.15.\u00a0 To store the goods only after presenting a document confirming his right to exploit the goods,<\/p>

    \u00a0\u00a0\u00a0\u00a0\u00a0 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\u00a0 discrepancies shall be fixed in an act signed by at least one representative of a third party. Posterior claims of the \u00a0\u00a0\u00a0<\/p>

    \u00a0\u00a0\u00a0\u00a0\u00a0 Customer shall be not accepted,<\/p>

    \u00a0\u00a0\u00a0\u00a0\u00a0 2.1.17.\u00a0 to provide his representatives with necessary mandate for receiving and delivering of goods,<\/p>

    \u00a0\u00a0\u00a0\u00a0\u00a0 2.1.18.\u00a0 on Customs Agency\u0491s request to present a notarized mandate to these persons.On storage and delivery of goods a legal deed is drawn up\u00a0 to be signed by both authorized parties,<\/p>

    \u00a0\u00a0\u00a0\u00a0\u00a0 2.1.19.\u00a0 to present a list of authorized persons in the contract( p.2.1.15 of Provisons).Indicating their names and personal identification numbers,<\/p>

    \u00a0\u00a0\u00a0\u00a0\u00a0 2.1.20. \u00a0the 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.<\/p>

    \u00a0\u00a0\u00a0\u00a0\u00a0 2.1.21.\u00a0 the\u00a0 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,<\/p>

    \u00a0\u00a0\u00a0\u00a0\u00a0 2.1.22. in the case\u00a0 of accidental damage,demolition or shortage of goods by their loading\u00a0 on receiving or delivering a legal deed is drawn up fixing pecuniary and physical damage.Appending of photos is recommended.<\/p>

    \u00a0\u00a0 \u00a0\u00a0\u00a02.2. Customs Agency undertakes:<\/p>

    \u00a0\u00a0\u00a0\u00a0\u00a0 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,<\/p>

    \u00a0\u00a0\u00a0\u00a0\u00a0 2.2.2 to pay fixed\u00a0 import\/export\u00a0 and\u00a0 customs taxes on drawing up customs documents(except guarantee duties) according to regulations fixed in legal acts.<\/p>

    \u00a0\u00a0\u00a0\u00a0\u00a0 2.2.3. to present a guarantee to the customs for the payment of customs taxes,<\/p>

    \u00a0\u00a0\u00a0\u00a0\u00a0 2.2.4.\u00a0 to warrant the correct filling in of customs documents and\u00a0 the implementation of drawing up customs in accordance with customs regulations,<\/p>

    \u00a0\u00a0\u00a0\u00a0\u00a0 2.2.5.\u00a0 to warrant the customs debt,<\/p>

    \u00a0\u00a0\u00a0\u00a0\u00a0 2.2.6.\u00a0 to co-ordinate if necessary\u00a0 the code of goods in the customs\u00a0 and pay according to the price list,<\/p>

    \u00a0\u00a0\u00a0\u00a0\u00a0 2.2.7.\u00a0 to store and book the quantitity of the goods delivered by Customer,<\/p>

    \u00a0\u00a0\u00a0\u00a0\u00a0 2.2.8\u00a0 to warrant the preservation of goods in quantity and keep them intact by\u00a0 other\u00a0\u00a0 persons,<\/p>

    \u00a0\u00a0\u00a0\u00a0\u00a0 2.2.9\u00a0 to permit the use of customs terminal for customs inspection,<\/p>

    \u00a0\u00a0\u00a0\u00a0\u00a0 2.2.10\u00a0 to receive and deliver goods to the Customer\u0491s representatives provided with valid mandate,<\/p>

    \u00a0\u00a0\u00a0\u00a0\u00a0 2.2.11 To release goods from the warehouse on requests of Customers representative received via e-mail or fax,<\/p>

    \u00a0\u00a0\u00a0\u00a0\u00a0 2.2.12\u00a0 to redress\u00a0 the loss,shortage or damage of Customer\u0491s 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\u00a0 the result of storage and they have become unusable in their original purpose the Customer has the right \u00a0\u00a0<\/p>

    \u00a0\u00a0\u00a0 of refusing to\u00a0 accept the goods and request to redress their value.<\/p>

    1. Rules of payment for service.<\/li><\/ol>

      \u00a0\u00a0 3.1. Customer\u00a0 pays to\u00a0 Customs Agency\u00a0 for its service the price valid in the beginning of sevice rendering according to the Customs Agency\u0491s price list. International payments are effected on the conditions of\u00a0 “total amount to beneficiary”.<\/p>

      \u00a0\u00a0 3.2.\u00a0 in case of absence of prices in the price list the prices in the Contract are applied,<\/p>

      \u00a0\u00a0 3.3.\u00a0 The VAT is added to the prices stated in the price list\u00a0 or Contract as provided for in Estonian and EU legislation,<\/p>

      \u00a0\u00a0 3.4.\u00a0 the Customer pays for the rendered\u00a0 by the Customs Agency service according to the invoice by bank transfer or in cash in the Customs Agency\u0491s booking office,<\/p>

      \u00a0\u00a0 3.5.\u00a0 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,<\/p>

      \u00a0\u00a0 3.6.\u00a0 Customs Agency\u00a0 may send the invoices by fax,post or e-mail,<\/p>

      \u00a0\u00a0 3.7.\u00a0 By default\u00a0 Customs Agency provides services on the condition “payment against service”. Other deadline for payment of invoices of\u00a0 “Customs Agency” shall be stated in the contract with the Customer.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0<\/p>

      \u00a0\u00a0 3.8.\u00a0 for negligence of maturity the Customs Agency\u00a0 requests a fine for delay of 0,07% of delayd amount for\u00a0 every exceeded day ,<\/p>

      \u00a0\u00a0 3.9.\u00a0 the money received from the Customer is\u00a0 used in the first instance for paying off the fine for\u00a0 the delay and the remainder to cover the main debt,<\/p>

      \u00a0\u00a0 3.10.\u00a0 The Customs Agency has the right to retain goods as well documents of the Customer, as the pledge, till\u00a0 total outstanding Customer debt is settled, possible Customer losses arising from such retention are not compensated.<\/p>

      1. Additional provisions.<\/li><\/ol>

        \u00a0\u00a0 4.1. the Customs Agency is not liable for the losses of the Customer caused by the late presentation,\u00a0 incompleteness or unauthenticity of the documents, presented for customs cleaning, and related delay in customs cleaning or specific requirements applied by the customs authorities,<\/p>

        \u00a0 4.2. the Customs Agency is not liable for the damage of the goods\u00a0 caused by their characteristic,outdating of realisation time or force-majeure,<\/p>

        \u00a0\u00a04.3. If the non-paid period of storage of Customer goods in the storage facilities of the Customs Agency shall exceed 30 days, this shall\u00a0 be considered as a voluntary resignation of the Customer from the ownership\u00a0 to these goods\u00a0 in favour of the Customs Agency\u00a0 without Customer rights for any \u00a0\u00a0compensation. In such case the Customs Agency has the right to dispose of the goods at his own discretion,<\/p>

        \u00a04.4. 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,\u00a0 period of contract validity shall be stated in the Contract. Any of Parties has the right to unilateral\u0443 withdraw from the Contract with 90 days prior notice sent to the other Party and after carried out\u00a0 of any obligations derived from the Contract.<\/p>

        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\u00a0 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<\/p>

        \u00a0\u00a0 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\u00a0 earlier than\u00a0 plus 30 days\u00a0 to the date of insertion of modifications.<\/p>

        \u00a0\u00a0 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\u00a0 with modifications,<\/p>

        \u00a0\u00a0 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,<\/p>

        \u00a0\u00a0 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,<\/p>

        \u00a0\u00a0 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,<\/p>

        \u00a0\u00a0 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<\/p>

        \u00a0 4.12. The text in Estonia language shall be considered as the original while the interpretention.<\/p>

        \u00a0\u00a0 4.13. Any disputes originated from the fuklfillment of the contract arve solved by negotiations.If an agreement has not been achieved the dispute\u00a0 has to be solved in P\u0434rnu County Court.<\/p>

        The present General Provisions have been approved by the board of\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0<\/p>

        Sivex International\u00a0 Ltd.at 16.dec.2005.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0<\/p>

        Corrections have been done on July 23, 2008\u00a0 to Articles 2.1.15, 2.2.11 and\u00a0 4.10<\/p>

        Corrections have been done on 29.10.2008 to Article 3.7.<\/p>

        Corrections have been done on February 28, 2009\u00a0 to Articles 3.7.and\u00a0 3.10.<\/p>

        Corrections have been done on January 04, 2010\u00a0 to Articles 1.4<\/p>

        Corrections have been done on November 30, 2015 to Articles 3.7.: 4.4.<\/p>

        Corrections have been done on July 20, 2017 to Articles 4.3, 4.4, 4.5, 4.6<\/p>

        Corrections have been done on Nov. 01, 2018 to Articles 2.1.6.<\/p>

        Corrections have been done on April. 01, 2018 to Articles 2.1.8.<\/p>

        Corrections have been done on Feb.28.02.22 to Articles 2.1.2; 2.1.12.1<\/p>\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/div>\n\t\t\t\t\t\t\t<\/div>\n\t\t<\/section>\n\t\t\t\t\t\t\t<\/div>\n\t\t","protected":false},"excerpt":{"rendered":"

        General provisions of the services rendered by Sivex International Ltd Enforced since 16 December 2005 General conditions \u00a0\u00a0\u00a0 1.1 Sivex International Ltd (henceforth\u00a0 the Customs Agency) provides for the client (henceforth the Customer) according to the written and\u00a0 enclosed Contract on representation the following services dealing as an direct, if other is not stated in…<\/p>\n","protected":false},"author":1,"featured_media":0,"parent":0,"menu_order":50,"comment_status":"closed","ping_status":"closed","template":"elementor_header_footer","meta":{"footnotes":""},"class_list":["post-1982","page","type-page","status-publish","hentry"],"_links":{"self":[{"href":"https:\/\/sivex.ee\/en\/wp-json\/wp\/v2\/pages\/1982","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/sivex.ee\/en\/wp-json\/wp\/v2\/pages"}],"about":[{"href":"https:\/\/sivex.ee\/en\/wp-json\/wp\/v2\/types\/page"}],"author":[{"embeddable":true,"href":"https:\/\/sivex.ee\/en\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/sivex.ee\/en\/wp-json\/wp\/v2\/comments?post=1982"}],"version-history":[{"count":0,"href":"https:\/\/sivex.ee\/en\/wp-json\/wp\/v2\/pages\/1982\/revisions"}],"wp:attachment":[{"href":"https:\/\/sivex.ee\/en\/wp-json\/wp\/v2\/media?parent=1982"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}