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Sample Contract For Customs Clearance Services

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CONTRACT ON PROVIDING CUSTOMS CLEARANCE SERVICES

1
PARTIES

Business name: TNT Express Worldwide spol. s r. o.


Registered office: Pri starom letisku 14
830 06 Bratislava 36
Entity ID No. (IČO): 31 351 603
VAT ID No. (IČ DPH): SK 2020329113
Registered in Commercial Register of District Court Bratislava I
Section: Sro, File No.: 5165/B

Acting on its behalf: Jozef Mráz – Manager Clearance Operations


Ing. Monika Stopková - Executive manager

(hereinafter only as the “TNT”)

Business name: Business name


Place of Business: Place of Business
Registered in: Reg. in Trade Register at the District Office District Office, No.: No.
Entity ID No. (IČO): Entity ID
VAT ID No. (IČ DPH): VAT ID
Bank details: Bank details

In case the customer is a legal person

Business name: Business name


Registered office: Reg. Office
Registered in: Reg. in Commercial Register at the District Court District Court, Section Section., File No. No.
Entity ID No. (IČO): Entity ID
VAT ID No. (IČ DPH): VAT ID
Bank details: Bank details
Represented by: Represented by:

(hereinafter only as the “Customer”)

2
SCOPE OF THE CONTRACT

2.1 The scope of the contract is the indirect representation in the customs clearance procedures and
providing services related to customs clearance procedures concerning shipments transported by TNT
in accordance with Article 18 of Regulation (EU) No 952/2013 of 9 October 2013, laying down the
Union Customs Code.
2.2 TNT will provide the Customer with customs clearance services and services related to following
customs clearance procedures: placing of goods under free circulation procedure, placing of goods under
transit procedure, placing of goods under export procedure.
2.3 The Customer undertakes to pay to TNT a reward according to the actually effective Price list published
on the webpage www.fedex.com/sk, and compensate all costs exerted by TNT in connection with
providing of the services. All this should be done in accordance with the terms and conditions hereof.
2.4 TNT reserves a right to provide the customs clearance services regarding consignments from the third
countries (outside the customs territory of the EU) and to represent the Customer in the customs
clearance proceedings as the consignee of the goods, which custom value (regardless consignment fees)
shall not exceed EUR 150.

3
RIGHTS AND OBLIGATIONS OF THE PARTIES

3.1 TNT undertakes to


a) arrange all matters related to customs clearance procedures in accordance with Regulation (EU)
No. 952/2013 of 9 October 2013, laying down the Union Customs Code, Commission delegated
Regulation (EU) 2015/2446 of 28 July 2015 supplementing Regulation (EU) No 952/2013 of
the European Parliament and of the Council as regards detailed rules concerning certain
provisions of the Union Customs Code and Commission implementing Regulation (EU)
2015/2447 of 24 November 2015, laying down detailed rules for implementing certain
provisions of Regulation (EU) No 952/2013 of the European Parliament and of the Council
laying down the Union Customs Code and other legal regulations pertaining to customs
clearance, based upon Customer’s instructions, if the instructions are in accordance with legal
regulations; it shall attend administrative negotiations at customs authorities in person, carry out
written correspondence and perform other actions related to it;
b) pay to the customs authorities on behalf of the Customer within the 10 day period set by customs
regulations, the customs debt and all other payments related to the customs procedure (e.g.
import fytosanitary fees); the paid customs debt, as well as all other payments, shall be charged
by TNT to the Customer in full amount by means of an invoice delivered electronically
Customer hereby grants an approval to delivery of invoices electronically (integrity of the
invoice shall be secured by digital signature). If the Customer wishes to get the invoices in paper
form, it will deliver a written request to rio.sk@tnt.com.
c) hand over the decision of the customs authority on placing of goods to customs procedure
concerned and copy of the document on payment of the customs debt to the Customer within 10
days after the settlement of liabilities under 3.1 b) above.

3.2 The Customer undertakes to:


a) Pay the remuneration to TNT in accordance with the Price list within 7 days from the day the
Notice on the amount of the liability is issued;
b) Settle paid customs debt and all other payments related to customs clearance procedure (e.g.
import fytosanitary fees) to the account of TNT within 7 days from the day the Notice on the
amount of the obligation is issued;
c) Pay, upon request of TNT, the customs debt in advance, in the expected amount;
d) Submit any shipment that is under supervision of customs authorities and delivered to the
Customer with approval of the customs authorities (under transit procedure) to the customs
authority of the destination intact, within specified deadline and in compliance with measure
adopted by customs authorities in order to secure identification of the goods in line with the
Regulation (EU) No. 952/2013 of 9 October 2013, laying down the Union Customs Code;
Customer’s failure to keep the aforementioned obligation shall constitute violation of customs
laws and a customs offence (priestupok) or a customs misconduct (delikt) under the act No.
199/2004 Coll. Customs act and on amendment of various acts as amended;
3.3 In the event the Customer fails to adhere to the conditions arising from the transit procedure(as laid
down in 3.2) and if TNT incurs other costs in relation to it (fines, costs of administrative negotiations
customs offence or customs misconduct), the Customer undertakes to pay such costs to TNT based upon
TNT’s invoice.
3.4 The Customer is obliged, upon TNT’s request, to provide it with cooperation, which can reasonably be
required from it, and any information and documents related to the customs clearance procedure.
3.5 In the event the Customer fails to provide requested cooperation and/or requested information and
documents in time, which may result in delays in the administrative process and the delivery of
shipments, the Customer shall have no title to compensation for late delivery of the shipment in the case
of warranty claim.
3.6 TNT shall not be liable for damages caused as a result of providing incorrect or inaccurate data for
filling in customs clearance invoice by the Customer and third parties (e.g. sender).
3.7 In case TNT suffers any damages, harm or costs as a result of incorrect or inaccurate data or
representations, the Customer is obliged to reimburse all such costs and damages in full amount. The
Customer is obliged to provide to TNT always only complete, correct, up to date and accurate data and
representations.
3.8 TNT, based upon a written request, shall ensure also other actions related to performance of any change
in the customs declaration executed in accordance herewith or possibly related to its cancellation in
accordance with customs regulations.
3.9 TNT undertakes to process personal data in compliance with Regulation (EU) 2016/679 of the European
parliament and of the Council, of 27 April 2016, on the protection of natural persons with regard to the
processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC
(General Data Protection Regulation). Information on the processing of personal data are included in
Annex 1 hereto.

4
FINAL PROVISIONS

4.1 This contract has been entered for an indefinite period of time. It can be terminated without stating any
reason by any of the parties hereto in writing. The termination period shall be one month and shall
commence on the first day of the month following the delivery of the notice on termination to the other
party.
4.2 TNT is authorised anytime to modify the Price list by publishing a modified Price list, which shall be an
expression of the will to provide services for a changed price.
In the event of any modification of the Price list, the modified Price list shall be published on the
webpage www.fedex.com/sk,at least 10 days before the effective day of the modified Price list without
any need of notification of change of the Price list to the Customer and the Customer shall from time to
time check the webpage www.fedex.com/sk, in this regard. In the event of any modification of the Price
list, it shall be held that the Customer agrees with the modified Price list and, on the date of it coming
into effect, the modified Price list shall be binding upon both parties the Customer will be authorised to
terminate this Contract with effect as of the date of publication of the modified Price list on the web
page www.fedex.com/sk, however not later than 10 days of the day of publication of the modified Price
list on the web page. Unless the Customer terminates this Contract in accordance with previous clause,
it shall be held that the Customer agrees with the modified Price list and, on the date of it coming into
effect, the modified Price list shall be binding upon both parties.
4.3 Rights and obligations that are not regulated herein, shall be governed by relevant provisions of the
Commercial code as amended, in particular provision on commission contract as well as other legal
regulations.
4.4 Entering into this Contract shall repeal all currently valid contracts entered into between the Customer
and TNT, whose subject-matter is the commitment of TNT to perform indirect representation in the
customs clearance procedure and providing customs clearance services.
4.5 This Contract has been executed in 2 counterparts; each party shall receive one copy.
4.6 This Contract shall come into force and effect on the day of its signing by both parties.

In Bratislava, on Date

___________________________________
TNT Express Worldwide spol. s r.o.
Jozef Mráz – Manager Clearance Operations

_____________________________________ __________________________________
TNT Express Worldwide spol. s r.o. Customer
Ing. Monika Stopková – Executive manager
Annex 1

INFORMATION ABOUT PERSONAL DATA PROCESSING

Identification of the Controller


The Controller is the company TNT Express Worldwide spol. s.r.o., having its statutory seat at Pri starom letisku 14, 830 06 Bratislava 36,
Id. No: 31 351 603, registered with the Commercial registry of the District Court Bratislava I, section: Sro, file No.: 5165/B (hereinafter
referred to as „TNT“ or „Controller“).

Collection of personal data


Personal data are obtained by TNT according to the Contract on providing customs clearance services and exclusively for the purpose of
provision of services specified in this contract.

List of processed data


Personal data are processed by TNT only to the extent that is necessary to achieve the purpose of data processing, and thus to exercise the
rights and obligations arising from the Contract on providing customs clearance services.

TNT shall process for this purpose mainly:


a) Name
b) Surname
c) Permanent residence
d) Data relating to shipments necessary for provision of services in customs clearance procedure (mainly payment receipt and copy of
an order).

The legal basis for Data processing


The legal basis for Data processing is:
a) Performance of the contract and pre-contractual relations under the provision of Article 6 (1) b) GDPR
b) Legislation – mainly Regulation (EU) No. 952/2013 of 9 October 2013, laying down the Union Customs Code, Commission
delegated Regulation (EU) 2015/2446 of 28 July 2015 supplementing Regulation (EU) No. 952/2013 of the European Parliament
and of the Council and Commission implementing Regulation (EU) 2015/2447 of 24 November 2015, laying down detailed rules
for implementing certain provisions of Regulation (EU) No. 952/2013 of the European Parliament and of the Council laying down
the Union Customs Code.

The class of Data subjects


For the purpose of this notification the data subject is a customer, or a person acting on their behalf.

Storage period
Under the GDPR personal data shall be stored by TNT for no longer than is necessary to achieve the purpose of processing and thus to
exercise the rights and obligations arising from the customs clearance procedure as regulated by relevant legislation. This period, which
can be prolonged in some cases (for example appeal procedure or trial), is 10 years.

Provision of personal data


Any person who is provided with personal data as specified below is required to protect them and maintain confidentiality when handling
with them.

a) Within TNT
The company TNT generally does not provide personal data to its subsidiary or affiliated companies unless it is necessary pursuant to
TNT´s internal rules and only to the extent necessary.

TNT does not provide rentals, sale or other disclosure of personal data with unrelated third parties for their own marketing purposes.
Personal data are not provided to third parties except for the cases set out below.

b) Cooperating Partners
Personal data are provided to business partners who provide TNT with certain types of services, such as IT support services or companies
which provide TNT accounting services and external archive services.

c) Public Authorities
TNT cooperates at inspections, requests, requests for cooperation or other similar demands made by public authorities acting under the law
and are entitled to be aware of personal data in the exercise of their competence.

Cross-border transfer of personal data


TNT is a multinational company and it is possible that it comes to cross-border transfer of personal data within internal processes to its
subsidiaries or affiliated companies.

In case of cross-border transfer, the principles set out in Articles 44 to 49 of the GDPR are applied, namely the transfer
a) Is carried out on the basis of a Commission’s adequacy decision,
b) Other adequate safeguards are applied, such as standard contractual clauses, binding internal rules or approved certification
mechanism
or
c) The transfer is made on the basis of derogation for specific situations, for example if the data subject has given consent to such transfer
or the transfer is necessary for the performance of a contract between TNT and the data subject.

Safeguards
Safeguards implemented to protect personal data against unauthorized access, misuse, change, loss or other undesirable processing activity
reflect modern processes and technologies that have been implemented for this purpose and updated as a consequence of GDPR entering
into force.

In order to maintain the effectiveness of the adopted safeguards it is not possible to provide further information.

Rights of data subjects


Every data subject has a right to
a) Access, and therefore may require TNT to issue a confirmation whether it has processed personal data and if so, the right to access
it;
b) Rectification, and therefore may require TNT to rectify without undue delay any incorrect personal data relating to him or her or
to complement them;
c) Erasure (right to be forgotten), and therefore, in certain circumstances, may require controller to erase his or her personal data
(for example if personal data were processed unlawfully or they are no longer necessary to fulfil the purpose for which they were
processed). The controller is not entitled to erase data if their further processing is necessary to fulfil the legal obligation;
d) Restriction of processing, and therefore the right to request TNT to restrict the processing of personal data, for example if they
are no longer needed but they are required by the authorized person to establish, exercise or defence legal claims;
e) Data portability, and therefore the right to transfer the data, which requires TNT to provide them to other controller with personal
information in a commonly used, machine-readable format, but only if the processing of that information is based on the consent
or performance of the contract, where the authorized person is a contracting party;
f) Object, and therefore the right to object to the processing of personal data, but only in case that such processing is carried out on
the legal basis of the TNT´s legal interest. In this case, TNT has the opportunity to prove that processing of personal data is
proportionate and in accordance with GDPR;
g) Right not to be subject to automated processing, and therefore the right not to be subject to a decision based solely on automated
processing which produces legal effect concerning him or her, except where such processing is necessary for entering into, or
performance of, a contract, is permitted by a generally binding legal regulation or is based on consent.

Contact
Data subject has the right to contact the competent supervisory authority which is the Office for Personal Data Protection of the Slovak
Republic, Hraničná 12, 820 07 Bratislava 27.

You can contact the responsible person by e-mail at MD-slovakia@tmf-group.com.


Annex 2

REGISTRÁCIA NA ZASIELANIE FAKTÚR V ELEKTRONICKEJ PODOBE


REGISTRATION TO E-INVOICING
NÁZOV SPOLOČNOSTI:
COMPANY NAME:
Company name
FAKTURAČNÁ ADRESA:
INVOICING ADDRESS:
Invoicing address

IČO:
LOCAL IDENTIFICATION NUMBER:
Local ID

DIČ:
TAX IDENTIFICATION NUMBER:
Tax ID

IČ DPH:
VAT NUMBER:
VAT No.

DORUČOVACIA ADRESA*:
DELIVERY ADDRESS*:
Delivery address

E-MAILOVÁ ADRESA
NA ZASIELANIE eFAKTÚR*:
EMAIL ADDRESS FOR DELIVERING
e-mail
eINVOICES*:

TNT ZÁKAZNÍCKE ČÍSLO:


TNT ACCOUNT NUMBER:
TNT Account No.

KONTAKTNÁ OSOBA:
CONTACT PERSON:
Contact person
INÉ**:
OTHER**:
Other
*Prosím, vyplňte v prípade, že je iná ako fakturačná adresa.
*Please add your alterantive delivery address (if different than company address).
**Iné údaje, ktoré si želáte mať uvedené na faktúre.
**Other informations you wish to be visible on invoice.

Date _________________________
Dátum Pečiatka a podpis
Date Stamp and signature

Vyplnený formulár treba zaslať na adresu:


accountrequest.sk@tnt.com
Please send the completed form to:
accountrequest.sk@tnt.com

TNT Express Worldwide spol. s r.o.

Pri starom letisku 14


Obchodný register Okresného súdu BA I, Oddiel: Sro, Vložka č.: 5165/B 830 06 Bratislava 36
IČO: 31 351 603, IČ DPH: SK2020329113, ING Bank N.V.., Bratislava, Slovenská republika
IBAN: SK37 73 00 0000 0090 0000 6139

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