1. Application of terms
1.1 These terms set out the additional conditions (“CHB Terms”) which apply to any booking subject to the customs house brokerage services (“CHB Services”).
1.2 Notwithstanding the subsequent issuance by us of any bill of lading, waybill or other transport document (whether issued in paper or electronic form) and any pre-printed portions thereof, these CHB Terms shall incorporate the terms for carriage “Terms for Carriage” (which can be found at https://terms.maersk.com/carriage) and the Maersk Standard Trading Conditions (“Maersk STCs”), which are available at: https://terms.maersk.com/stc and by placing a booking, directly or via an agent, the Merchant acknowledges, confirms and accepts to be bound by these terms. The definitions set out in Terms for Carriage and the Maersk STCs, shall be adopted and have the same meaning where used in these CHB Terms unless otherwise defined herein. In the event of conflict between the terms in relation to the provision of CHB Services, the order of precedence shall be as follows: these CHB Terms, the Maersk STCs, the Maersk Terms of Carriage.
1.3 It is a condition of any booking under the CHB Terms that you agree and accept that you will be deemed a “Merchant” as defined in the Terms for Carriage and as such will be responsible for all the obligations and liabilities of the shipper, whether disclosed or not. Any subsequent nomination of a shipper or other party in relation to the booking shall be subject to our discretionary acceptance. In nominating a shipper or other party in relation to the booking you warrant that you have authority to legally bind the nominated shipper or other party relating to the booking, as applicable, and, should that not be the case, you will assume full liability and shall indemnify us for any and all loss suffered or cost incurred as a consequence of the absence of such authority.
1.4 The definitions in the Terms for Carriage are adopted and shall have the same meaning in the CHB Terms where used, unless otherwise specified.
1.5 Please note that the Carrier may update, revise and change these CHB Terms at any time with or without prior notice to the Merchant.
2. Rates and Charges
2.1 After submitting a booking request and receiving a booking confirmation (“Booking Confirmation”) for customs house brokerage services (including bookings placed via our online booking system on http://www.maersk.com/ and / or https://sales.twill.net/ or through any third-party platforms approved by the Carrier) the rates provided in the Booking Confirmation shall not be subject to change, other than as set out below. However, the rates offered may differ compared to rates for the same type of trade offered through other sales channels, such as an offline tariff rate which is likely to involve a salesperson analysing the Merchant's request before tailoring the rate accordingly.
2.2 The rates provided in the Booking Confirmation are conditional upon on the Merchant uploading instructions to the Carrier in accordance with the instructions set out in the Booking Confirmation. If the instructions are not submitted in time or submitted in any other manner, the Carrier reserves the right to charge the Merchant additional or different charges to those provided in the Booking Confirmation. Acceptance of any Merchant’s instructions or request is subject to Carrier’s sole discretion.
2.3 The rates quoted and provided in the Booking Confirmation are calculated based on the rates, charges, surcharges, fees, adjustment factors (including local ones), rules, exceptions, exclusions and exchange rates applicable to the requested services pursuant to the Carrier’s applicable Tariff at the time of booking. The rates will be calculated at the time the Merchant receives the Booking Confirmation. Where in the Booking Confirmation: (i) a rate is reflected in a currency other than USD, and/or (ii) a fee, charge or other amount is reflected in a currency other than the currency it is charged in (i.e. local currency), the Merchant accepts that the amount invoiced may vary due to currency fluctuations. Emergency surcharges and fees for any additional services requested after a booking request has been made may apply.
2.4 The Carrier reserve the right to decline any booking notwithstanding any issuance of Booking Confirmation, transport documents or receipt of the Goods (“Goods” shall have the meaning set out in Maersk STCs clause 1(h) and any packaging, container or pallet or other item used for the consolidation of goods), if the Carrier believes in its reasonable opinion or have reason to suspect that the service requirements may exceed any regulatory or other restrictions in any applicable country location.
Please note that some countries may follow different payment terms for certain charges and the Merchant should refer to the local country website https://www.maersk.com/local-information/ for detailed information on exceptional payment terms which may apply.
4. Merchant commitments and responsibilities
For any booking, the commitment on part of Merchant is to deliver timely, accurate, complete and lawful supply of information, documentation and Goods to the Carrier as indicated in the Booking Confirmation, subject to the conditions of these CHB Terms. In all events, the Merchant shall be deemed to be competent and to have reasonable knowledge of areas and issues affecting the conduct of their business.
4.1 If the Merchant wishes to cancel booking the CHB Services after the Booking Confirmation has been issued, then a cancellation notice must be provided by the Merchant to the Carrier no less than seven (7) days and the Merchant shall also pay the Carrier a fee per cancelled booking (“Cancellation Fee”).
4.2 If a booking amendment is requested by Merchant in relation to the CHB Services then this will be subject to
(i) repricing using the latest rates available on the platform at the time of processing the request; and
(ii) an Amendment Fee charged per booking amendment
4.3 The Merchant shall ensure that all shipments comply with applicable laws and all Goods are properly prepared, packed, labelled and/or marked for shipment, and that the description is accurate and complete at the time the Goods are taken in charge by any carrier, and that all information relating to any dangerous character of the Goods is properly provided to the carrier in the language of and as may be required by the laws and regulations of the country of export and the country of destination of the Goods.
4.4 Where the Carrier agrees on behalf of the Merchant to prepare and submit data to any government agency for security clearance, customs entry, export declarations, applications, documentation and/or export data, ensure that (and specifically warrants that) all documentation and all information furnished by the Merchant is correct and complete, whether in paper or electronic format.
4.5 Prior to Carrier commencing its representation of the Merchant:
- The Merchant shall issue a Power of Attorney (or “POA”) in the form provided by the Carrier or any other form as required by the customs authority where CHB Services are provided, signed by a legal representative of the Merchant. If the CHB Services are subcontracted to a third party by the Carrier, the Merchant shall issue a POA to the third party upon Carrier’s request.
- As part of its customer acceptance process, the Carrier shall perform a customer acceptance check during which the Carrier shall request certain information from the Merchant and the Merchant shall provide all such information as requested by the Carrier.
- Upon request by the Carrier, the Merchant shall provide the Carrier with security in a form acceptable to the Carrier in relation to all claims, liabilities, losses, damages, charges, fines, penalties, costs and expenses (including legal fees and expenses) of whatsoever nature arising from or in connection with provision of the CHB Services by the Carrier.
- After reviewing the signed POA and performing the customer acceptance check, the Carrier shall decide whether to accept its appointment as representative and shall notify the Merchant of its decision accordingly.
4.6 The Merchant shall reimburse on first written demand, indemnify, defend, hold and save harmless the Carrier from any and all claims asserted and/or liability, fines, penalties, and/or attorneys’ fees or losses suffered by reason of the Merchant’s breach of warranty or failure to comply with these CHB Terms (including but not limited to breach which violates any federal, state and/or other laws), or which otherwise result from inaccuracies, mistakes or omissions in the information and/or documentation provided to the Carrier by the Merchant or its agents and relied upon by the Carrier.
4.7 The Merchant shall be solely liable for:
(i) any and all disbursements made by the Carrier on behalf of the Merchant;
(ii) any customs duties, VAT, anti-dumping duty, countervailing duty or other taxes, fines, penalties, interest or other levies imposed by customs authorities or other government agencies or departments and any loss or damage, with respect to the Goods imported or to be imported into any country, or exported or to be exported from any country, by the Merchant;
(iii) increased duty, penalty, fine or expense; and
(iv) any loss or damage incurred or sustained by the Carrier in relation to the provision of the CHB Services to the Merchant herein.
4.8 Where a bond is required to be given by customs authorities for the production of any document or the performance of any act by customs authorities, the Merchant shall be deemed bound by the terms of the bond even if the bond has been executed by Carrier. The Merchant shall indemnify and hold the Carrier harmless for the consequences of any breach of the terms of the bond.
4.9 The Merchant shall remain responsible for compliance with all import/export and customs rules and the settlement of all Customs Authority charges (duties, taxes, or other debts owed to customs authority) due and payment to Carrier will not relieve the Merchant of liability from Customs Authority charges in the event the charges are not paid by Carrier.
4.10 The Merchant acknowledges that it is required to review all documents and declarations prepared and/or filed with customs authorities, other government agencies and/or third parties, and will immediately advise the Carrier of any errors, discrepancies, incorrect statements, or omissions on any declaration or other submission filed on Merchant’s behalf.
4.11 It is acknowledged that where the Carrier or its nominated subcontractor is requested by the Merchant, its agent or nominated representative to issue T1 documents or other customs documents the Merchant agrees to indemnify and hold harmless Carrier and its nominated subcontractor against any and all liability, applicable duties and taxes, loss, damages, costs, claims, penalties, fines and/or expenses, including but not limited to reasonable attorneys’ fees, which the Carrier may hereafter incur, suffer or be required to pay by reason of such claims howsoever arising.
4.12 The Merchant will notify the Carrier immediately of any of the following types of communication or request from the customs authority in regard to Carrier or the Merchant, the CHB Services, the Goods, the Merchant’s business or a specific transaction relating to the Merchant which are to be regarded by the parties as outside the normal course of business (the "Specified Circumstances"), including but not limited to:
- investigations and audits;
- notice of violations;
- requests for visits or interviews;
- seizures of Goods;
- voluntary disclosures;
- questionnaires; or
- any other types of communication regarded as outside the normal course of business are also to be notified immediately by the receiving party to the other party.
4. 13 At no time shall the Merchant hinder or delay any lawful access, request, inspection or the serving of documents, warrants, affidavits or subpoenas in any of the Specified Circumstances.
5. Carrier’s Commitment, Role and Limitation of Liability
5.1 The Carrier shall take all reasonable degree of care, skill and judgment to provide the CHB Services as per the Booking Confirmation.
5.2 The Carrier shall provide to the Merchant in respect of each transaction made on the Merchant's behalf a copy of the accounting documents and/or data pertaining thereto;
5.3 In all and any dealings with the customs authority for and on behalf of the Merchant, the Carrier is always deemed to be appointed, and acts as, direct representative. Where Carrier acts as direct representative, it does so as agent in the name of and on behalf of the Merchant, as principal.
5.4 The Carrier's maximum liability to the Merchant for any and all matters which arise under or in connection with the CHB Terms shall be limited to (i) SDR 10,000 per Transaction ("Transaction" means the customs clearance undertaken in relation to Goods shipped under a single UCR; “UCR” means the Unique Consignment Reference applicable to the Goods) or (ii) in the case of an error and/or omission, or series of errors and/or omissions which are repetitions of or represent the continuation of an original error and/or omission, SDR 10,000 in the aggregate of any twelve (12) months period commencing from the time of the making of the original error and/or omission.
5.5 The Carrier shall under no circumstances whatsoever and howsoever arising be liable for any indirect or consequential loss or damage (including loss of profit, loss of market, loss of agreements or contracts, loss of anticipated savings, loss of reputation, loss of market share, loss of use or corruption of software, data or information, loss of damage to goodwill) which arises under or in connection with the CHB Services.
5.6 The Carrier shall act as an independent contractor for CHB Services. If loss, damage, expense or delay occurs during performance of CHB Services, the Carrier assumes no liability as a carrier and is not to be held responsible for any loss, damage, expense or delay to the Goods to be imported or exported except as provided in and subject to the limitations under this CHB Terms.
5.7 When Carrier carries, stores or otherwise physically handles any shipment, it does so subject to the limitation of liability set forth in these CHB Terms. Also, unless requested by the Merchant in writing, the Carrier shall be under no obligation to undertake any pre- or post-customs release action including, but not limited to, obtaining binding rulings, advising of liquidations, filing of petitions and/or protests, etc.
5.8 The Carrier shall not be liable for any claims, liabilities, losses, damages, costs, delays, attorney fees and/or expenses whatsoever which arise under or in connection with the CHB Services, including their termination, unless such matter arises as a result of Carrier's gross negligence or wilful misconduct.
5.9 The Carrier is authorized to select and engage carriers, truckers, lightermen, forwarders, customs brokers, agents, warehousemen and other third parties, as required, to handle, transport, procure clearance, store, deal with and deliver the Goods, all of whom shall be considered as the agents of the Merchant, and the Goods may be entrusted to such agents subject to all conditions as to limitation of liability for loss, damage, expense or delay and to all rules, regulations, requirements and conditions, whether printed, written or stamped, appearing in bills of lading, receipts or tariffs issued by such carriers, truckers, lightermen, forwarders, customs brokers, agents, warehousemen and others. The Carrier shall under no circumstances be liable for any loss, damage, expense or delay to the Goods for any reason whatsoever when said Goods are in custody, possession or control of third parties selected by the Carrier or agents of said third parties to forward, enter and clear, transport or render other services with respect to such Goods.
All commercially sensitive information pertaining to either party (including rates) shall be kept confidential by the other party and protected and secured in the manner in which the receiving party secures its own confidential information, but in no event with less than a reasonable degree of care. Confidential information disclosed by one party shall only be used by the other party for the purpose of the CHB Services and shall only be released as required by law, or in accordance with written instructions from the disclosing party for release. Each party hereby acknowledges that the other party’s confidential information shall at all times remain the property of such other party to the extent permitted at law.
7.1 Where the performance of the CHB Services by the Carrier in whole or in part is prevented by an event of Force Majeure, meaning any circumstances beyond the reasonable control of the Carrier which, by the exercise of due diligence, such the Carrier is unable to provide against, such as but not limited to war (whether declared or not), warlike or belligerent acts or operations, hostilities or the imminence thereof, act of public enemies, terrorism or terrorist acts, restraint of princes, rulers or people, compliance with any compulsorily applicable law or governmental directive, boycott against flag, political ban, pandemic or epidemic, port congestion which is reasonably anticipated to incur delay of 48 hours or more, act of God, strikes, lockouts, labour disputes, stoppages or unrest (whether or not involving the employees of the affected party), accidents, invasion, rebellion or sabotage, train wagon disconnected, train cancelled by rail company, full inland terminal/port and unloading of train delayed, lack of labour to unload the train, or any other events whatsoever beyond the reasonable control of the Carrier, the performance of this Agreement by the Carrier, to the extent of the Force Majeure event and no more, shall be suspended without penalty or liability on the part of the Carrier (in whole or in part as appropriate) until such time as the performance thereof is again practicable, without prejudice to any rights, liabilities and obligations accrued up to the date of suspension.
8.1 All changes requested by the Merchant after Booking Confirmation has been issued are subject to and conditional upon: (i) available space, (ii) approval by the Carrier and (iii) payment of all applicable freight.
8.2 The Merchant warrants that all information provided to the Carrier in connection with provision of the CHB Services is complete and accurate.
8.3 The defences, limits and exclusions of liability and notification of claims and time bar provisions provided for in these CHB Terms shall apply in any action against Carrier arising out of or in connection with the CHB Services, its performance or any delay or failure in performance or its termination and whether the action is founded in contract, tort, breach of express or implied warranty or otherwise and even if the loss or damage arose as a result of negligence, wilful misconduct or fundamental breach of contract
8.4 Each of the clauses of these CHB Terms is and shall be deemed to be separate and severable and if any provision or part of these conditions is held for any reason to be unenforceable, the remainder of these CHB Terns shall remain in full force and effect.