GENERAL TERMS AND CONDITIONS FOR CUSTOMS CLEARANCE
These standard terms and conditions apply in all cases involving customs Clearance
activity and where service are being provided by DACHSER India Private Limited or any
other entity acting on behalf of DACHSER India.
1) Definitions:
For the purpose of these Terms, the following words shall have the meanings ascribed to
them herein below:
a. "Company" means DACHSER India Private Limited or its successor and assignee.
b. "Customer" means the person having rights and obligations pursuant to these terms
and to whom a commercial offer is submitted and includes its successor and
assignee.
2) General Conditions:
a. The Commercial offer made by the company is for the activity / type of import / exports
/ schemes under which the cargo is declared to be cleared. If there is a change in any
of the above, the company reserves the right to revise the offer.
b. The Commercial offer is based on the information provided and any variation as to
the CFS / port / type of customs clearance etc. shall nullify the offer and fresh revised
offer shall be submitted based on information provided.
c. The third party charges are based on the rates prevalent at the time of commercial
offer. Any revision in these charges will be passed on to the Customer, whether the
Customer has approved or not. These being the third party charges incurred on behalf
of the Customer, only reimbursement is sought; rates mentioned in the commercial
offer is only an indicative figure and the actual will be reimbursed by the Customers.
d. In general the import document are to be given to the Company by the Customer at
least 7 working days in advance , prior to the arrival of the vessel. Additional
documents as requested for will have to be provided in time to facilitate the clearance.
Any delay in providing additional documents will be excluded in arriving at the time
taken for Custom Clearance.
e. In case of exports, documents are to be given to the Company by the Customer at
least 3 working days in advance, prior to the arrival of the vessel. Additional
documents as requested for will have to be provided in time to facilitate the clearance.
Any delay in providing additional documents will be excluded in arriving at the time
taken for Custom Clearance.
f. In case of house stuffed cargo, the documents are to be provided to the Company
before movement of the container to the stuffing place of the customer, as the
shipping bill is to be filed and check-list sent along with the container.
g. List of documents required for export or import clearance are subject to additional
requirement by the customs. List provided by the Company will be exhaustive but
there may be additional requirement based on the queries raised by the Customs and
the Customer will be excluded for the time lines offered by the company in clearing
the said consignments.
3) Validity
a. Unless agreed by the Company in writing, either in the beginning or during the
pendency of the commercial offer for extended period, the quote submitted is valid
for 30 days.
b. This quotation is valid for 12 Months in case accepted and approved within 1 months
from the date of quotation
c. The Company may agree to extend the validity of the commercial offer during the
validity period or during any extended period subject to written commitments
d. Where ever transportation charges are quoted / agreed upon, this are subject to
revision as and when there is a fuel price increase
4) Terms of Payment
a. Unless, expressly agreed by the Company all statutory charges payable to port,
shipping line or the CFS are payable in advance on the basis of estimates given by
the Company
b. All such statutory advances will be used by the Company for the specific shipments
only and excess advance if any will be against the final bill
c. No interest is payable to the Customer on these advance made
d. Unless otherwise agreed the normal credit period is 15 days on the final bill
e. Any delayed payment will be subjected to 15% interest at flat rate
f. Any delay by the Customer in advancing the funds towards statutory charges will
result in delaying the Custom Clearance. Consequential port / CFS / transport
detentions will be to the Customer account
g. The Company will not fund the Custom Duty and in case any shortfall is at all funded
by the company, the same has to be reimbursed to the Company within 3 working
days, without waiting for the completion of the work
h. Tax should not be deducted at source on any Custom Duty payment made through
the Company
i. Statutory payments made to the Company on behalf of the Customer are to be
reimbursed and can’t be held for recovery of any deductions or claims
5) Customs clearance time
Timelines accepted by the Company for clearance does not includes any delay
attributable to;
a. The Customs queries and the consequent time taken to satisfy.
b. Delay in receipt of funds for statutory charges from the customer or the Customs duty
amount
c. Any delay in movement of container by the shipping line under PNR movement to
CFS
d. Any strike by the transporter / CFS / port / public / or Customs
e. Any delay due to break down of the Customs computer or time taken by the Customs
in updating the system or in loading the changes to the systems
f. Time taken by the concol agent to amend the IGM or time taken to file the same
g. Partial receipt of the cargo or the time taken by AAI or Airport to bring the cargo
h. Natural causes like flood, rain, earthquake, Tsunami, or other natural calamities
including fire or terror acts, riots, civil commotion , strike or war or events beyond the
control of the Government
i. Any delayed / denied permissions from the relevant authorities
6) LD or penalty for delayed clearances
a. LD or penalty for delayed clearance or any claim on the company will be limited to
the agency amount charged under these terms
b. The Company is covered for errors and omissions by the staff which is genuine.
However, the Company will do all possible to ensure that all staff are properly trained
/ educated and guided to do carry out the job with all due diligence. In cases where
the staff are unable to carry out the jobs due to reasons beyond their control or illegal
acts are involved, the non-carrying out will not make the Company liable for any loss
caused or cost due to delay in carrying out the job.
c. In calculating any delay in clearance the time lost due to following will be considered
and reduced from the actual time taken :
i. Any time taken by the customer in providing any documents or Customs duty or
advance
ii. Holidays of the Customs / Ports / CFS
iii. Any delay attributable to consol agent / Port / airport
iv. Any strike, riots, terrors acts, civil commotion, war, fire, flood, earthquake,
tsunami or other natural calamities, which results in stoppage of the work
v. Shut out of the containers / cargo by the shipping or line
vi. Partial carriage of cargo covered by single Bill of Lading or Airway Bill
vii. Time taken by the consolidators to file the manifest
viii. Extra ordinary accumulation of the cargo at the Port / Airport, thereby making it
difficult for tracing / locating the cargo.
ix. Time taken by the lines / CFS to move the imported container to CFS under unblock movements
x. Time taken by the Customs in implanting any up changes in their EDI system /
Union Budget changes
xi. Time lost on account of delays in customer / His transporter in placing the trailer
/trucks/vans etc
7) Liability of the Company
The Company is not liable for any indirect or consequential loss of profit and loss of
market.
8) Notice
a. With respect to any claim by the Customer against the Company arising in respect of
any service provided for the customer or which the company has undertaken to
provide shall be made in writing and notified to the company within 6 days of the date
upon which the customer became or should have become aware of any event or
occurrence alleged to give rise to such claim. Any claim not made and notified as
aforesaid shall be deemed to be waived absolutely barred.
b. Any or all notice to be given by the parties hereto each other under this Agreement
shall be in writing and shall be transmitted by registered mail, postage prepaid or by
courier service or by personal delivery as elected by the partygiving such notice , at
the address as mentioned below; Attn :email address;
9) Unforeseen circumstance
In the event the company, in case of unforeseen circumstance, act in the best interest of
the Customer, extra cost and charges have to be borne by the customer.
10) No set off
All amount due shall be paid without any reduction or deferment on account of any claim ,
counter-claim or set-off.
11) Indemnification
a. Except to the extent that the Company is liable according to the provision of these
terms, the Customer shall indemnify the Company for all liability incurred in the
performance of the service by the Company
b. The Customer shall indemnify the Company in respect of any claims of a general
nature which may be made on him and shall provide such security as may be
required by the company in this connection
12) Liability of the Customer
The Customer shall be liable to the Company for all loss or damages, cost, expenses and
official charge resulting from the Customer`s inaccurate or incomplete information or
instruction in the documents.
13) Invoicing
a. Invoice will be raised, normally after completion of the work
b. In case of jobs involving longtime clearance or continuous work, the stage wise or
month wise bills will be raised
c. Third party charges will be invoiced, once the job is completed along with the
supporting and the same has to be paid back in full as they represents the outlay by
the Company on behalf of the Customers
d. Unless specifically advised and / or pre-agreed; no supporting documents on
statutory and / or third party charges, needs to be added / supported with the
invoices
14) Tax Deducted at Source
a. No tax is to be deducted on any Custom duty or other payment made to Government
of India or the respective state governments
b. TDS certificate are to be issued after the payment of tax, at any case not later than
June 30th of next year. Company reserves the right to claim the amount withheld
toward TDS, as normal dues
15) Governing laws and jurisdiction
a. These Terms shall be governed by and construed in accordance with the laws of
India
b. Unless, otherwise agreed in the contract, the courts at Mumbai alone shall have the
exclusive jurisdiction to adjudicate upon and settle any all dispute that may arise out
of or in connection with these conditions between the parties
16) Miscellaneous
a. The relationship between the parties hereto shall be on a principal to principal basis.
Nothing shall imply a contractual relationship of employment, agency, and
association of persons, partnership or joint venture between the company and the
customer
b. The failure of either party at any time to enforce any provision of these terms shall
in no way affect its right thereafter to require complete performance by the other
party. Further, wavier of any breach of any provision shall not be held to be a waiver
for any subsequent breaches. Any waiver shall be valid only if it is recorded in writing
and singed by the authorized officials of both the parties.
c. The invalidity or unenforceability of any particular provision of these Terms shall not
affect the other provisions of these terms and these terms shall be construed as if
such invalid or unenforceable provision were omitted
d. These Terms constitutes and represents the entire agreement amongst the parties
hereto and cancels and supersedes all prior arrangement, agreements or
understandings, if any, whether oral or in writing , between the parties hereto onto
the subject matter hereof or in respect of matters dealt with herein
Notes:
I. Basic Documents Required
a. KYC documents in case of first shipment of import being handled by Dachser India
Pvt Ltd, in terms of CBLR ACT 2013 regulation 11(n)
b. CHA Authorization letter addressed to The Asst. Commissioner of Customs, in
terms CBLR ACT 2013 Regulation 11(a)
c. Importers and Exporters Code number & AD Code in bank letter head in original
(SEZ IEC allotment letter copy)
d. Bill of Lading in Original duly endorsed by the importer and Bankers (if through
Bank)
e. Copy of the Purchase Order/LC/Contract copy
f. Invoice and Packing List in Original
g. Insurance policy copy
h. Catalogue/Tech. Write up/Test Cert./Analysis Report as the case may be
i. Certificate of Country of Origin
j. Firm Registration Certificate / TIN Certificate of Consignee
k. Phytosanitary Cert. is compulsory in case of cargo in wooden boxes or wood is
placed for lashing inside the container
II. General
a. Taxes as per Government outlay (Currently Service tax @12.36%)
b. CFS Charges as per present tariff and at actuals
c. Insurance: Goods to be insured by yourselves. On specific instruction, we can
arrange for transit Insurance of your cargo subject to acceptance by the insurance
company
d. Transport rate given is as per present prevailing market rate and may vary at the
time of booking
e. Customs Duty & Over time if any will be at actuals
f. Shipping Line Charges (THC, D.O., CCC, MNR etc.) will be at actuals and receipted
g. If empty containers to be moved to shipping line designated yard after cargo
destuffing, charges will be additional and at actuals
h. Rates are based for Custom Clearance considering cargo are new & No SVB is
involved. In case of SVB additional charges as mention under heading other
charges shall be applicable
i. Rates for second hand Machinery clearance, re-imports, re-exports, Break bulk will
be provided on case to case basis and not covered under above rates.
j. In the rate matrix, we have indicated wherever possible the current rates for charges
payable to the various Government and third party agencies. These charges are
subject to revision from time to time and they be payable at actuals rates prevailing
at time of work, irrespective of the current rates indicated (purely for estimation).The
rate list is not to be treated as exhaustive
k. Any additional / incidental expenses not mentioned above and are applicable at the
time of clearance, will be mutually discuss before disbursement
l. Any shipment being held, confiscated, scrutinized, etc. by any authorities at origin
or destination or in transit, for whatsoever reason, shall not be our responsibility and
liability
m. All liability arising out of mis-declaration of weight, content, dimensions, values etc.
in the shipping documents provided by you shall not be our responsibility