TERMS & CONDITIONS OF BUSINESS

DUBEE AGENCY LTD, (registered number 12929979) whose registered office is at 71-75, Shelton Street, London, Greater London, WC2H 9JQ operates with the following Terms and Conditions in relation to services provided for Customs clearance and Customs related services.

DUBEE AGENCY will provide services in the UK to its customers (Client) using any of its own facilities or by instructing sub-contracted partners.

These Terms and Conditions are issued to the Client prior to commencing operations and will be deemed as incorporated upon signing the document by the parties. Any subsequent additions or amendments will be made only by agreement by DUBEE AGENCY and the Client in writing.

1. Appointment

1.1 In these Terms & Conditions “Client” is any person, firm, association or corporation at whose request or on whose behalf, directly, DUBEE AGENCY undertakes any business or provides advice, information or services. “Customs Duties” means any duties, taxes and levies on imported goods. “Disbursements” means any payment made by DUBEE AGENCY, on behalf of the Client, for any product or service rendered in connection with the facilitation of the import and export of goods but not limited to Customs duties, taxes, freight, veterinary checks, penalties, interest and fines and any other payment. “Consignment” means each consignment of goods, livestock or merchandize shipped by the Client into or out of the UK. “Services” means all services provided by Dubee Agency in relation to a Consignment.

1.2 These Terms and Conditions constitute a legally binding contract between Dubee Agency and the Client governing the provision of customs brokerage and related services by Dubee Agency to the Client. Dubee Agency’s performance of Services is conditional upon the Client accepting these Conditions as written without amendment.

1.3 Dubee Agency acts as the agent of the Client for the purpose of performing duties in connection with the entry and release of goods, post entry services and the filing of documentation on behalf of the Client. As to all other Services, Dubee Agency acts as an independent contractor.

1.4 These Terms and Conditions supersede any claimed, alleged or asserted oral agreement, promise, representation, or understanding between or among the parties with respect to the customs related services provided by Dubee Agency.

1.5 Services are performed with reasonable skill and care and are deemed accepted unless a written complaint is received within 5 days of performance.

1.6 The construction, performance, validity and all aspects of each contract between Dubee Agency and the Client are governed by English law and the parties accept the jurisdiction of the English courts.

2. Fees and Disbursements

2.1 The fees shall be in accordance with the fee schedule as agreed upon between the Client and DUBEE AGENCY as amended from time to time.

2.2 The Client shall pay to DUBEE AGENCY all fees charged for services rendered by DUBEE AGENCY to the Client.

2.3 Disbursements incurred by DUBEE AGENCY on behalf of the Client shall be reimbursed to DUBEE AGENCY by the Client.

2.4 Dubee Agency shall issue invoices to the Client for all fees and disbursements pertaining to services rendered to and on behalf of the Client.

2.5 All such invoices shall be payable upon receipt, or as otherwise agreed, with the Client. The Client shall pay in pounds sterling without set-off, deduction, counterclaim or other withholding.

2.6 Upon request by DUBEE AGENCY, the Client shall provide to DUBEE AGENCY, prior to the release of a shipment of goods imported by the Client, sufficient funds to enable DUBEE AGENCY to pay on behalf of the Client all Disbursements that are estimated by DUBEE AGENCY to be payable on such shipment.

2.7 If, at any time, DUBEE AGENCY determines that additional funds are required with respect to goods imported by the Client, the Client shall upon demand advance such additional funds to DUBEE AGENCY.

2.8 If after payment of Disbursements by DUBEE AGENCY concerning the goods imported by the Client any balance of funds remains outstanding to the credit of the Client, DUBEE AGENCY shall return to the Client, unless instructed by the Client to the contrary, any remaining balance of funds.

2.9 If the Client fails to advance funds to DUBEE AGENCY upon request by DUBEE AGENCY as aforesaid, DUBEE AGENCY shall have no obligation with respect to rendering Services concerning the goods for which advance funds had been requested by them.

3. Duties and Responsibilities of the Client

3.1 The Client warrants that it is the importer, exporter, logistics provider, Customs broker or owner of the goods for which it has retained Dubee Agency; that it has full power and authority to retain, appoint and instruct Dubee Agency; and that all information provided to Dubee Agency shall be complete, true and accurate and acknowledges that Dubee Agency shall be relying on such information to provide the services set out herein.

3.2 In preparing and submitting customs entries, export declarations, applications, security filings, documentation and/or required data, Dubee Agency relies on the correctness of all documentation, whether in written or electronic format, and all information furnished by the Client, including but not limited to tariff classification and information relating thereto. The Client shall use reasonable care to ensure the correctness of all such documentation and information and shall indemnify and hold Dubee Agency harmless from and against all claims, liability or losses, including but not limited to legal fees, suffered by reason of the Client’s failure to disclose documentation or information, or any incorrect, incomplete or false statement by the Client or its agent, representative or contractor upon which Dubee Agency reasonably relied. The Client agrees that the Client has an affirmative non-delegable duty to disclose all documentation and information required to import, export or enter the goods.

3.3 The Client shall:

1. provide to DUBEE AGENCY all information necessary for DUBEE AGENCY to provide the services set out herein, including all information required to complete Customs documentation and/or data requirements;
2. promptly review all documentation and/or data and notify DUBEE AGENCY of any inaccuracies, errors or omissions found therein and advise DUBEE AGENCY promptly and within the time periods set out in paragraph 7 hereof;

iii. reimburse and indemnify DUBEE AGENCY with respect to any of the matters set out in subparagraph (c) hereof;

1. indemnify DUBEE AGENCY against any and all actions, claims or demands of any nature whatsoever arising from third party claims which result from inaccuracies, mistakes or omissions in the information and documentation provided to DUBEE AGENCY by the Client or its agents and relied upon by DUBEE AGENCY

3.4 The Client acknowledges that it is required to review all documents and declarations prepared by Dubee Agency and/or filed by Dubee Agency on the Client’s behalf and will immediately advise Dubee Agency of any errors, discrepancies, incorrect statements or classifications, or omissions on any declaration or other submission filed on the Client’s behalf.

3.5 The Client shall be solely liable for:

1. any and all Disbursements made by DUBEE AGENCY on behalf of the Client;
2. any Customs duties, fines, penalties, interest or other levies imposed by Customs or other Government Departments with respect to the goods imported or to be imported, or exported or to be exported, by the Client;

3.6 The Client agrees to indemnify, and hold Dubee Agency harmless from any claims and/or liability, fines, penalties and/or legal fees (regardless of whether or not litigation is filed) arising from the importation or exportation of the Client’s merchandise, any/or any conduct of the Client, including but not limited to the inaccuracy of entry, export or security data supplied by the Client or its agent or representative, which violates any applicable laws, and further agrees to indemnify and hold Dubee Agency harmless against any and all liability, loss, damages, costs, claims, penalties, fines and/or expenses, including but not limited to reasonable legal fees (regardless of whether litigation is filed), which Dubee Agency may hereafter incur, suffer or be required to pay by reason of such claims.

4. Invoicing and Payment

4.1 Accepted payment via bank transfer according to the proforma invoice or in accordance with instructions on the Dubee platform if paid by direct debit (when applicable)

4.2 Dubee Agency reserves the right to revise its fees, including by increasing or adding new fees, at any time on thirty (30) days’ notice. Such notice may be sent to the Client by email to its most recently provided email address or posted on the website or by any other manner chosen by Dubee Agency in its commercially reasonable discretion.

4.3 No debt due to DUBEE AGENCY by the Client may be assigned to any other party without express written agreement by DUBEE AGENCY.

5. Duties and Responsibilities of DUBEE AGENCY

5.1 DUBEE AGENCY shall at all times provide services in a timely and professional manner in accordance with the generally accepted standards of the Customs brokerage industry and in compliance with all applicable laws and regulations in force.

5.2 All information pertaining to the Client shall be kept confidential by DUBEE AGENCY and its sub-agents, if applicable, and shall only be released to Customs as required by law, subject to instructions from the Client to DUBEE AGENCY to release the information to third parties.

5.3 DUBEE AGENCY shall take all reasonable steps to provide services in accordance with the instructions from the Client, provided however, that should DUBEE AGENCY reasonably consider that it is in the interest of the Client to depart from the Client’s instructions, DUBEE AGENCY shall have the authority to do so and shall be indemnified by the Client for so doing.

5.4 DUBEE AGENCY shall provide to the Client in respect of each transaction or summary accounting made on the Client’s behalf a copy of the accounting documents and/or data pertaining thereto.

5.5 DUBEE AGENCY shall promptly account to the Client for funds received to the extent that these funds are from the Client by way of advances provided in paragraph 2 hereof in excess of the Disbursements payable in respect to the Client’s business with Customs or other Government Departments.

5.6 The Client acknowledges that it has the duty and is solely liable for maintaining all records required under Customs regulations and/or other laws and regulations. Unless otherwise agreed in writing, Dubee Agency shall only keep such records that it is required to maintain by law, but not act as a “record keeper” or “record keeping agent” for the Client.

6. Termination

6.1 This Agreement shall continue until canceled or terminated by the Client or by Dubee Agency.

6.2 The Client may cancel the subscription to the services at any time. Only an authorised representative may cancel the Clients’ account.

6.3 In the event that this Agreement is terminated and there are any outstanding matters pertaining to the Client for which DUBEE AGENCY has been engaged by the Client and for which DUBEE AGENCY remains liable, the Agreement shall continue in force with respect to such matters until such matters are concluded and payment by the Client to DUBEE AGENCY of such funds as may be required to satisfy all outstanding payment liabilities of DUBEE AGENCY to Customs and others (including all Fees and Disbursements) has been made by the Client.

DUBEE AGENCY will notify the Client of any modifications to these Terms and Conditions in writing by email or post.

These Terms and Conditions have been read, understood and agreed by both parties.