The present paper defines meanings of the words used in the terms of delivery and customs escort Contract concluded between the Client and OOO “Import Trade”.
Express carrier OOO “Import Trade”, performing joint activities in international carriage of goods and also third parties, including customs representative, related to the Express carrier “Import Trade” on contractual relationships.
Goods, delivered by express carrier or a good carried within any rapid transit type of transport using an electronic information management and tracking system (www.esta-express.ru) in order to deliver given goods to the recipient in conformity with individual consignment within the least possible and (or) fixed time frame.
Sender – a legal entity or an individual who uses express carrier to deliver the goods.
Recipient - recipient of the goods delivered by the express carrier, who is indicated on the front side of an individual consignment of "Import Trade".
Client - the sender or the recipient of the goods transported by express carrier, holder of individual consignment of "Import Trade", the owner of the content or any other person who has the rights in respect of the transported goods.
Customs representative / customs broker - a legal entity of a Member State of the customs union or any other country of destination who commits for and on behalf of the declarant or other interested parties customs operations in accordance with the customs legislation of the customs union, or the country of destination.
Declarant (customs applicant) - the person transporting the goods transported by express carrier or the person who is customs representative (broker), and who is engaged in a declaration of goods.
Forbidden items - goods and materials the carriage of which is prohibited by law in any country that the shipment goes to/through.
2.1. These terms and conditions represent a public offer and constitute the Contract of carriage of goods delivered by express carrier, consensual type, performed between the Client and the Express carrier "Import Trade".
2.2. Signing individual consignment of "Import Trade" means the conclusion of the Contract of carriage of goods between the Client and the Express carrier "Import Trade", and also the Customer agreement to the present terms and conditions of carriage and customs escort.
2.3 Clients agree that the Express carrier "Import Trade" has the right to enter into contractual relationships with third parties in any acceptable conditions for themselves, for the purpose of execution of the contract of carriage or part of it, or other services, including customs clearance.
3.1. Clients accept the terms of the Agreement, when they hand in goods to the Express carrier "Import Trade" on their own behalf or on behalf of another person who has the rights in respect to the goods, regardless of whether Clients have signed individual consignment "Import Trade" or not.
3.2. These terms and conditions of carriage and customs escort are also applied to all parties that the Express carrier "Import Trade" uses or enters into a contract to receive, transport and deliver goods, customs escort, and can be applied by the specified parties, customs representatives as well as employees, managers and agents.
3.3. Any additional instructions from the Client concerning the transferred goods, not included in this Agreement will be valid only if the additional agreement signed between the Express carrier "Import Trade" and the Client.
4.1. Dangerous goods
4.1.1. Express carrier "Import Trade" does not transport goods, which in its discretion recognized to be dangerous, and can cause damage to goods of other Clients.
4.2. Forbidden items
4.2.1 Express carrier "Import Trade" does not transport goods containing objects prohibited by the laws of the countries of destination.
4.2.2. Sender, an individual or legal entity, ensures that personally prepared goods for transportation or for provision of other services in a secure location, that preparation of goods was produced by appointed officer of a sender and that there was not unauthorized access to the product during the preparation, storage and transportation before accepting the goods for carriage.
5.1. Customers agree with the right of the Express carrier "Import Trade", a customs representative, authorized government agencies, including customs, in order to comply with the law or eliminate the possible harm to other goods, as well as for suspected unacceptable or dangerous attachment to open and check the goods.
5.2. Customers agree with the right of the Express carrier "Import Trade" or an appointed customs representative for and on behalf of Clients to present during customs inspection and other customs procedures and formalities
6.1. Clients nominate OOO "Import Trade" and OOO "OPINTER" their agents for the purposes of customs clearance on behalf of Clients in the country of destination. Clients also agree that the Express carrier "Import Trade" can act as nominal consignee for the sole purpose of appointing a customs representative for customs clearance.
6.2. If the customs authorities require to provide additional documents to confirm the customs declarations for import / export of goods delivered by express carrier, or to confirm the rights of the Express carrier "Import Trade" to carry out customs clearance, then provision of the required documentation is made by the Client at their own expense.
6.3. Before Clients sign the individual consignment of "Import Trade" customs representative implements customs escort on their behalf and on behalf of the Express carrier "Import Trade", acting in their best interests. In this case, the Contract of carriage of goods is concluded in a proper way until the objections of the parties.
6.4. Clients undertake to provide complete and accurate information relating to the exportation and importation of the goods. Clients should be aware that in the case of providing false or misleading information about the product or its contents they might become an object for a civil action and/or they may be held criminally liable, and therefore, they might be punished by seizure and sale of the Clients’ goods. Express carrier "Import Trade" may on a voluntary basis to assist in the implementation of customs clearance and other procedures, but all the risk is attributed to the Client. Client agrees to compensate to Express carrier "Import Trade" any losses and protect the carrier from claims which may arise in connection with the information provided by the Client, as well as any expenses that the Express carrier "Import Trade" may have in connection with the foregoing, also the Client agrees to pay any administrative expenses associated with rendering of the services provided under these terms and conditions.
6.5. Pay customs duties, taxes, fees and charges in full amount, the client entrusts the customs representative OOO "Mezhdunarodnaya Forvardingovaya Companiya."
6.6. Any customs duties, taxes (including, but not limited to, value added tax, if it is subject to payment), fines, storage costs or other expenses that the Express carrier "Import Trade", including customs representative may incur in result of the actions of customs or other public authorities, or in connection with the fact that the Clients are not able to provide a proper list of documents and / or to obtain the necessary license or permit will be charged to the customer. The sender agrees to pay all customs duties and taxes, as well as administrative expenses associated with the additional work, and any other additional expenses incurred, if the Express carrier "Import Trade" invoices the Recipient and the Recipient refuses to pay customs duties and taxes.
6.7 Express carrier "Import Trade" will make necessary efforts to accelerate the process of customs clearance, however, the carrier is not responsible for any delay, loss or damage caused as a result of the actions of customs or other public authorities.
7.1. Responsibility of the Express carrier "Import Trade" for the loss of or damage to the goods or part of them depends on the shipping method and is determined by the provisions of international conventions or national laws.
7.1.1. Carriage of goods by road
If the express carrier transports the goods by road in the country, across the country or from a country which is a member of the Convention on the Contract for the International Carriage of Goods 1956, then the responsibility of the Express carrier "Import Trade" for the loss and damage to the goods is governed by this Convention.
7.1.2. Air carriage
If the express carrier transports the goods by air, then the provisions of the Warsaw Convention determine the responsibility of the carrier.
7.1.3. If these international conventions are not enforced and the Express carrier "Import Trade" is liable for the breach of the contract, the presence in the actions (inactions) of negligence or intent, then the responsibility of the Express carrier "Import Trade" for the loss, damage, wrong delivery at the specified address, non-delivery of goods or parts of them, in any case, is limited to the declared value of the goods at the time of transportation, however, the amount of compensation in each case can not exceed 7990 rubles for one product.
8.1 Express carrier "Import Trade" is not responsible for loss of income, profits, markets, reputation, clients, ability to use the content or any other features, even if the Express carrier "Import Trade" knew that the Client may have experience such losses, as well as for consequential damages or expenses, special damages, which would in any way relate, inter alia, to a breach of contract, negligence in the actions, imprudence or intent.
8.2 Express carrier "Import Trade" is not responsible for failure to fulfill obligations to the Clients, due to:
natural disasters : earthquakes, cyclones, hurricanes , floods, fires , epidemics, fog, snowfalls or frost ;
force majeure, including, among others: war, accidents, acts of public enemies, strikes, embargoes, perils of the air transportation, local conflicts and acts of civil disobedience;
interruptions in networks of local or national air and ground transportation, technical failures in transport and equipment;
concealed or birth defects of the contents of the shipment;
criminal acts of third parties such as theft and arson.
actions or omissions of customs officials, airline employees and airports or government officials.
the fact that the contents of the transported goods is a forbidden item, including, if the Express carrier "Import Trade" has accepted the goods for carriage by mistake.
if damage to the goods was due to insufficient or defective packaging, or in the absence of signs on the package that prescribe a certain treatment during transportation / handling of the product.
Client ensures to prevent third parties, interested in goods delivered by express carrier, from submitting claims to the Express carrier "Import Trade" or take any action if the Express carrier "Import Trade" not fulfilled or fulfilled improperly its obligations. If the claim or actions take place, the Client undertakes to protect the Express carrier "Import Trade" from the consequences of such claims, actions and associated costs.
10.1. If the Client submits a claim for any loss, damage or delay of goods delivered by the express carrier, or other claims for compensations, the Client has to strictly comply the rules of the Convention, which is applied, and the following rules of the procedure, non-compliance with which results in an a right of the Express carrier "Import Trade " to refuse the complaint process:
10.1.1. The Client is obliged to notify the Express carrier "Import Trade" in writing form about the loss or delay of goods within 21 (twenty one) day after delivery or from the date when the goods should had been delivered, or the date when the Client was notified of the loss, damage or delay in delivery. The Client must submit all documents related to the goods and / or its loss, damage or delay. The Express carrier "Import Trade" is not obliged to act on any claim before the services will be paid. The Client has no right to withhold the amount of damage from the amount of services for the transportation.
10.1.2. Upon receiving the goods delivered by the Express carrier, the Client makes an entry of damaged goods into the delivery confirmation, otherwise the Express carrier "Import Trade" believes that delivered goods were in good condition. For consideration of the claim for damaged goods delivered by the express carrier, customers must submit the contents of a transported item and original packaging for inspection.
11.1 The Client in accordance with the present rates and prices pays for transportation services from point of origin to destination according to completed individual consignment of “Import Trade”, including customs. The client agrees that the weight and / or capacity that were defined by the Express carrier "Import Trade", when receiving the goods will be used for purposes of calculating the cost.
11.2. Obligation to pay import duties, taxes and other charges that may arise in the destination country are at the cost of the consignee. In case the Recipient refuses to fulfill the duty, the Sender shall pay all accrued payment in full within seven (7) days from the date of notification by the fact that the recipient refused to pay.
11.3. Third parties on behalf of the Clients can make the payment for the services, including payment for customs representative.
12.1. Entrusting goods for delivery to the "Import Trade" the Clients on its own behalf and on behalf of the Express carrier "Import Trade" confirm the consent to the collection, storage, transfer, disposal and processing of personal data and confidential information.
13.1 When paying for the goods, deliverable via the express carrier, an individual who is the Recipient and whose address is the point of destination, automatically and fully accepts all the above general terms of carriage and customs escort of the Express carrier "Import Trade"