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Customs Broker: Terms and Conditions

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CUSTOMS AGENCY KRAK SPED LTD Sp. z o.o. TERMS OF SERVICE

 

  1.     KRAK SPED LTD Sp. z o.o, hereinafter referred to as the Customs Agency, provides services on behalf of the Customer and represents the Customer before customs authorities to the extent specified within the Authorization.
  2.     The Customs Agency operates in accordance with the provisions of applicable laws. All activities consisting in handling customs clearance are rendered exclusively by highly skilled staff members formally recognized as customs agents.
  3.     The Customs Agency operates based on the Authorization provided by the Customer.
  4.   The Customer shall:

        a. Provide the Customs Agency with all dully drawn up documents as required by law for the goods covered by Customer’s order;

        b. Submit, as necessary, translations of the above documents delivered by a sworn translator;

        c. Provide – as required by the customs authorities – additional information and documents to process and verify customs declarations;

  1.     Customer’s failure to submit the documents shall release the Customs Agency from any responsibility associated with customs clearance of the goods covered by the documentation pursuant to the Article 21 (premises for the refusal to accept customs declaration) of the Customs Law of 19 March 2004 (Journal of Laws of 2013).
  2.     In the case of a failure to provide the documents required to make a customs declaration, the Customs Agency shall request the Customer to submit applicable documents, by phone, e-mail or a text.
  3.     The Customer shall sign the Statement No. 9 (Appendix No. 5 to the Rules, part hereof) as follows:

        Aware of the criminal liability pursuant to the Article 233 of the Criminal Code, the Customer hereby declares that:

        a.The goods to be imported are of no strategic importance to state security as defined under the Act on trading in goods, technologies, and services of strategic importance to the state security and to international peace and security of November 29, 2000 (consolidated text of 2004, Journal of Laws No 229, item 2315);

        b. The imported goods are not weapons as defined under the Act on trading in goods, technologies and services of strategic importance to state security and to international peace and security of November 29, 2000 (consolidated text of 2004, Journal of Laws No. 229, item 2315);

        c. The imported goods are not subject to prohibitions or restrictions due to the regulations applicable in Poland (the Appendix No. 2 to the Terms and Conditions, an integral part thereof);

        d. The documents provided by the Customer, the basis for making a customs declaration, are true and complete and the Customer certifies that the data they include is authentic and true.

  1.     In the case of the need to deliver the goods in order to inspect, sample, test and analyze them, the Customer shall cover related costs (Article 69 items 1 and 3 of the Community Customs Code).
  2.     In the case of Binding Tariff Information having been provided for the product subject to the customs declaration, I shall immediately deliver a copy of the Binding Tariff Information to the Customs Agency KRAK SPED LTD Sp. z o.o.
  3.   The Customer shall maintain due diligence in preparing and delivering applicable documents each time required to complete a customs declaration (Article 201 of the Community Customs Code).
  4.   The Customer shall bear financial liability towards the Customs Agency for submitting inaccurate or irrelevant data or information or documents or such data or information or documents that are inconsistent with factual or legal circumstances, based on which the Customs Agency will then approach the customs authorities and, as a result, suffer loss of property or other damages.
  5.   The Customer shall make prepayments towards customs and tax charges as well as other charges due by means of a bank transfer to the account of the Customs Agency within the deadline defined by the Customs Agency if such charges have arisen. In the event of an overpayment of customs charges, the Customs Agency KRAK SPED LTD Sp. z o.o. shall make a refund of the overpaid amount set off for handling fees.
  6.   In the event of a failure to make a prepayment towards customs duties as provided under the item 12, the Customs Agency shall be released from the obligation to make a customs declaration and shall not pay the customs duties on behalf of the Customer.
  7.   In the event of a failure to make a prepayment towards the customs charges defined under the item 12 within the deadline provided in the request, the fees for the services of the Customs Agency shall be increased by 1% of the value of customs charges and statutory interest shall also be charged.
  8.   The Customs Agency shall not be liable for the Customer’s failure to pay the customs charges resulting from the decision made by the customs authority.
  9.   The Customs Agency shall have the lien on the documents in the event of a failure to pay for the services provided by KRAK SPED LTD Sp. z o.o. on behalf of the Customer.
  10.   The fee for the services of the Customs Agency shall be calculated based on the current price list or individually agreed with the Customer, as defined in the invoice received.

Appendices:

  1.     Provisions supplementing the Terms of Service;
  2.     The list of goods subject to restrictions as regards the approval for marketing within the EU;
  3.     Authorization for businesses;
  4.     Authorization for private individuals;
  5.     Declaration specimen;

 

Appendix No. 1

1

The Customs Office may request the following statements;

  1.     A statement that I HAVE NOT put any items defined in the list of GOODS PROHIBITED FROM IMPORTING FROM THE USA TO POLAND;
  2.     A statement that the declared contents of the parcel are identical to the actual contents;

As well as consents:

  1.     To inspect the parcel;
  2.     To dispose of the entire parcel, cover the cost of such disposal, without the right for compensation, should any goods prohibited from importing or exporting be found in the parcel.

 

If the parcel includes items prohibited from importing and exporting, the parcel shall be confiscated and transferred to the competent customs authorities that will dispose of it.

For purchases at online auctions (when the payment for the goods is made), the goods purchased for personal use, in non-commercial quantities, are subject to customs clearance and applicable customs charges.

For low-value goods (Regulation (EEC) No. 1186/09 Art.23), the Customer shall quote the real value of the goods; they should not quote a price of $20 for a bike that actually cost $200.

In such cases, the Customs Office may request a copy of a bank transfer in order to check the actual payment for the goods.

When the goods shipped are samples (Regulation (EEC) No. 1186/09 Article 86), the Customer shall keep in mind they should be inexpensive and imported solely for the purpose of placing orders for bigger quantities.

The Customs Office may choose to release the samples on condition that they are permanently identified as samples and thus voided of their commercial value.

The low value is an arbitrary concept that depends on the type of goods.

The exemptions from customs charges do not apply to the value and quantity of alcoholic and tobacco products.

 

Appendix No. 2

 

LIST OF GOODS EXCLUDED FROM IMPORTING FROM USA TO POLAND

 

Replicas, illegal copies of clothing or footwear or IT software etc.;

Money (coins, cash, banknotes, payment documents: stocks, bonds, coins, postage stamps);

Explosives, pyrotechnic products, flammable or combustible products;

Human bodies, organs, body parts, human remains;

Cash on delivery shipments;

Ammunition (the term ammunition shall be construed as: ammunition for shooting firearms;

essential ammunition components (projectiles filled with explosives, chemicals);

Incapacitating agents or incendiary agents and other substances, which are life- or health-threatening, priming agents used to initiate the burning of propellants and propellants in the form of gunpowder);

Weapons;

Pneumatic weapons with more than 17 J of kinetic energy generated by the bullet leaving the barrel or the component in lieu of the barrel.

The term weapon means:

– Firearms including combat, hunting, sports, gas, alarm and signaling weapons;

– Pneumatic weapons;

– Incapacitating gas launchers;

– Tools and devices that may be used to endanger life or health;

a) Weapons in the form of blades hidden in objects that do not appear to beweapons;

b) Brass knuckles and nunchakus;

c) Clubs with an ending made of a heavy and hard material or containing inserts of such material;

d) Clubs made of wood or another hard and heavy material that appear as baseball bats;

– Crossbows;

– Items to incapacitate individuals with electricity;

Essential weapon parts (frames of weapons, baskilas, barrels with bullet chambers, gun-locks, gun-lock chambers and bullet cylinders);