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Terms & Conditions Services Poland

Table of Contents

Terms and Conditions of provision of customs services by Gerlach Sp. Z O.O. in the export procedure

  1. General terms
  1. These terms and conditions (hereinafter referred to as “Terms and Conditions”) lay down the rules for the provision of customs services under the export procedure provided by Gerlach sp. z o.o., with its registered office at ul. Batorowska 30, Dąbrowa, 62-070 Dopiewo, registered in the National Court Register under KRS no. 0000112406, by the District Court in Poznań, with share capital of PLN 960 000, NIP 779-00-02-272 (hereinafter referred to as the “Agency”).
    1. The Ordering Party may commission, and the Agency may accept, factual and legal activities related to making customs declarations regarding the Ordering Party’s goods under the procedure of export from Poland.
    1. The Agency will act on the basis of authorisation granted to it by the Ordering Party to act for and on behalf of the Ordering Party in proceedings before customs authorities.
    1. Within the scope of the accepted order, the Agency assumes responsibility for timely completion of customs declarations, on the condition that it is provided with correct and complete documents concerning the Ordering Party’s goods.
    1. The Agency undertakes to send received communications relating to the export of goods to the e-mail address indicated by the Ordering Party.
    1. The Agency will not be obliged to pay any charges for the Ordering Party.
    1. The performance of customs clearance under the Terms and Conditions does not apply to excise goods, dual-use goods, military or other goods subject to sanctions or embargoes.
  •  Obligations of the Ordering Party

2.1 The Ordering Party undertakes to:

a. pay the remuneration for the services rendered by transfer to the account indicated on the invoice.

c. provide the Agency with all documents and information necessary for making customs declarations and applying the export procedure in good time and, if necessary, to supplement these documents without delay or to obtain them from counterparties.

d. be responsible for the conformity of the declared type, condition, quantity, weight, goods classification, customs value of the goods with the commercial documents. The Ordering Party shall be responsible for determining the customs tariff code. The Agency shall not be liable for losses of the Ordering Party caused by the Ordering Party’s determination of an incorrect tariff code for the goods to be cleared.

e. relieve the Agency from the obligation to pay the amounts, including any penalties set by the competent authorities (in particular fiscal authorities) arising from discrepancies between the data contained in the customs declaration and the actual state of affairs.

f. inform the Agency of any change in the Ordering Party’s business details (legal form, address etc.).

3. Remuneration

3.1 The Agency’s remuneration and reimbursement of other costs is specified in the Price List  attached to the Terms and Conditions.

3.2 The remuneration will be payable on the basis of VAT invoices, within 3 days of delivery of the invoice. The Ordering Party agrees that the Agency may send invoices electronically to the indicated e-mail address.

 4. Export control

      4.1 The Ordering Party:

a. undertakes to comply with all applicable export control laws, sanctions, customs regulations and other applicable requirements and restrictions relating to the export or transit of goods (“Trade Control Law”);

b. will not request the Agency to provide services that would cause, directly or indirectly, a violation of the Trade Control Law;

c. shall ensure that participants in a transaction under the export procedure are not on any applicable sanction lists as a prohibited or restricted party;

d. is responsible for classifying the goods for export control purposes and for determining whether the delivery of the goods to the final destination, known end-user or end-use complies with the Trade Control Law;

e. will obtain all necessary permits, licences or other required authorisations where dual-use goods or military goods (armaments) that are subject to export control laws, including transfer or transit restrictions, are the subject of customs clearance;

f. will provide the Agency with information on classification for export control purposes and authorisations (e.g. licence, permit), including copies if requested by the Agency;

g. will inform the Agency of dual-use or military goods requirements that apply prior to the Agency commencing services;

h. is required to disclose any information required to handle shipments under the Trade Control Law;

i. shall provide in a timely manner all information and documents in the format specified by the Agency to enable the Agency to provide the services. All information and documents provided by the Ordering Party will be true, complete and accurate. If the Ordering Party discovers any errors or inaccuracies in the information and documents provided, it will notify the Agency immediately;

 j. neither the Ordering Party, nor any company associated with the Ordering Party, nor its agents, the sender or recipient of goods, nor any other third party with whom the Ordering Oarty directly or indirectly does business, is listed on any applicable sanction lists as a prohibited or restricted party .

k. Should the goods subject to the export procedure be subject to the aforementioned restrictions or be included in the aforementioned lists, the Ordering Party shall inform the Agency thereof and submit a written declaration to that effect.

5. Liability

5.1 The liability of each party is limited to actual losses and does not include lost profits.

5.2 The Agency’s liability under the contract is limited to the lesser of: EUR 50 for the notification or the Agency’s remuneration for submitting the notification.

6. Final provisions

6.1 All information obtained by the Parties in connection with the execution of the clearance order constitutes a trade secret and may not be disclosed by the Parties to third parties or used in any other form for purposes other than those connected with the execution of the contract.

6.2 In matters not covered by this Contract, the generally applicable provisions of Polish law shall apply, with the exception of Article 682 of the Civil Code.

6.3 Disputes shall be dealt with by the Commercial Court in Warsaw, Katowice, Lublin or Poznań – at the choice of the claimant.

Attachment No. 1 PRICE LIST OF SERVICES IN THE EXPORT PROCEDURE GERLACH SP. Z O.O.

Customs service  Price
Customs clearance – export (1 HS code)  200,00 PLN
Additional services Price
Additional HS code 15,00 PLN
Certificate of Origin./A.TR/ EUR 1 250,00 PLN
Request to Customs Office for a decision amendment due to the fault or at the request of the Principal 250,00 PLN
Participation of Gerlach employee in the inspection 60,00 PLN / hour
Request to customs authority for confirmation of export (IE 599) based on alternative documents 150,00 PLN / request

General Terms and Conditions:

• The above rates will be increased by the amount of applicable VAT.

• The price list does not apply to excise goods.

• Any additional costs (inspection, unloading, demurrage, etc.) will be based on the actual incurred costs.

• Late payments for services rendered will incur late payment interest as per commercial transactions.

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