Terms and Conditions

1. Scope

(1) These General Terms and Conditions (GTC) apply to all contracts for customs clearance, customs representation and related services between SEREDA GmbH (hereinafter referred to as "Customs Agency") and its clients.

(2) Any differing, conflicting or supplementary terms and conditions of the client shall not become part of the contract unless the customs agency has expressly agreed to their validity in writing.

(3) The services shall be provided exclusively to entrepreneurs within the meaning of Section 14 of the German Civil Code (BGB).

2. Subject matter of the contract

(1) The customs agency provides services in particular in the following areas:

Preparation of import and export declarations
Customs representation pursuant to Article 18 of the Union Customs Code (UCC)
Creation of shipping procedures (e.g. T1 / NCTS)
Communication with customs and other authorities
supplementary customs-related services

(2) The customs agency does not provide legal or tax advice.

3. Zollvertretung – Direkte Vertretung gemäß Art. 18 UZK

(1) Die Zollagentur handelt ausschließlich in direkter Vertretung im Namen und für Rechnung des Auftraggebers gemäß Art. 18 i. V. m. Art. 5 Nr. 6 UZK.

(2) Voraussetzung für jede Tätigkeit ist eine schriftlich erteilte Zollvollmacht, insbesondere gemäß den Formularen:

Einfuhrvollmacht
Ausfuhrvollmacht
Auftrag / Vollmacht für Versandverfahren (T1)

Diese bilden einen integralen Bestandteil des Vertragsverhältnisses.

4. Conclusion of the contract

(1) The contract is concluded by:

Signature of the respective customs power of attorney by the client or
Individual written order (email is sufficient) with reference to these terms and conditions.

(2) By signing the customs power of attorney, the client makes a binding offer to conclude a contract.

5. Obligations of the client

(1) The client is solely responsible for:

Completeness, accuracy and authenticity of all information and documents
Correct product description, customs tariff numbers, customs value information
Compliance with all foreign trade, export control and sanctions regulations

(2) If no customs tariff numbers are available, the customs agency is entitled to determine them on the basis of the information available, without guaranteeing their accuracy.

(3) The client shall bear all customs, tax and duty consequences of incorrect or incomplete information.

(4) The client is solely responsible for compliance with all foreign trade, export control and sanctions regulations; this applies in particular to goods within the scope of Art. 12g of Regulation (EU) No. 833/2014.

(5) Registration in the LUCID packaging register and the maintenance of packaging data pursuant to § 15 VerpackG are the sole responsibility of the client; the customs agency assumes no responsibility for this.

(6) Dangerous goods (ADR) are not handled; the delivery of dangerous goods is not permitted. The warehouse is not temperature-controlled and not suitable for temperature-sensitive goods. The client bears the risks arising from this.

(7) The client is obliged to insure the stored goods at its own expense against fire, lightning, explosion, water damage, storm, hail and sprinkler leakage; recourse against the customs agency is excluded except in cases of intent.

6. Liability

(1) The customs agency shall only be liable for damages resulting from intentional or grossly negligent breach of duty.

(2) In cases of simple negligence, liability is limited to the foreseeable damage typical for this type of contract.

(3) In particular, no liability shall be accepted for:

Delays caused by authorities
Subsequent objections from customs authorities
financial disadvantages resulting from incorrect information provided by the client

(4) The liability provisions of the ADSp 2017 shall apply in addition.

For ordered storage, the following limitations of liability apply in addition (deviating from Sections 24.1.1–24.1.3 and 24.3 ADSp 2017): For damage to goods, the customs agency is liable at most for 5.00 € or 2 SDR per kilogram of the lost or damaged goods (whichever amount is higher), but not more than 5,000.00 € per claim. For inventory discrepancies, liability is limited to a maximum of 25,000.00 € per year. For damage other than to goods (except personal injury and damage to third-party property), the customs agency is liable for a maximum of 5,000.00 € per claim. The total liability within one year is limited to the corresponding annual turnover from the contractual relationship.

7. Remuneration and expenses

(1) The remuneration shall be based on the agreed price list or the individual offer.

(2) The customs agency is entitled to advance expenses, duties and fees. These must be reimbursed by the client without delay.

(3) Invoices are due immediately without deduction.

(4) In the event of default of payment, default interest of 9 percentage points above the base rate is charged.

(5) The customs agency is entitled to a statutory lien on the goods in its possession for all claims arising from the contractual relationship.

(6) The client may only offset with claims that have been legally established or are undisputed.

(7) Without the prior consent of the customs agency in text form, the client is not entitled to assign claims arising from this contract to third parties, unless a statutory prohibition of assignment applies.

8. Incorporation of the ADSp

(1) The General German Freight Forwarders' Conditions (ADSp 2017) shall apply to all services in addition, insofar as these do not contradict the customs law nature of the activity.

(2) The ADSp can be requested or viewed online at any time.

9. Sub-authorization

The customs agency is entitled to grant sub-authorization to third parties (e.g. correspondents, IT service providers, partners) if this is necessary for the proper execution of the order.

10. Data protection

Personal data is processed exclusively in accordance with the GDPR and the customs agency's privacy policy.

11. Jurisdiction and Law

(1) German law shall apply exclusively.

(2) The place of jurisdiction shall be – to the extent permitted by law – the seat of the customs agency.

The courts in Potsdam have jurisdiction.

12. Severability Clause

Should individual provisions of these terms and conditions be or become invalid, the validity of the remaining provisions shall remain unaffected.