I. Subject-matter of Agreement 1. The Commission Agent agrees to arrange for the Principal on his own behalf and on the Principal’s account, in exchange for a fee, customs services in relation to the placement of goods under import or export customs procedure, exclusive for the purpose of import of goods to and export of goods from the Czech Republic, based on an order placed by the Principal with the Commission Agent in writing. The order will usually be sent by e-mail. The order shall have the format and the contents presented in a template form attached in Schedule 1 hereto – the Order ( the “order”) , unless it entails the services provided under Article I, section 2, paragraphs (iv) and (v). The Commission Agent does not provide the customs services hereunder as a standalone service, but rather in conjunction with the arrangement of the carriage of goods and some other logistics services provided under a separate contract, in which the Principal as the customer that orders the logistics services expressly states that he wishes to obtain also the customs services from the Principal. Prior to sending the order for customs services, the Commission Agent and the Principal will agree, in connection with the arrangement of the carriage of goods, whether the carriage will be arranged by aircraft, by sea or by rail. Depending on the selected means of transport, the Commission Agent will use the appropriate order form template attached in Schedule 4 for either air, sea, or rail transport. At the Principal’s request or even in the absence of it, the Commission Agent may send the Principal an interactive form for the applicable order for completion by e- mail to the Principal’s e -mail address specified in the heading of this Agreement. If the Principal uses a different form (order form) than the one attached in Schedule 4, a contract is deemed to have formed so long as the Commission Agent proceeds in accordance with the order in the manner described below. The order is deemed accepted by the Commission Agent and the partial contract is entered into only on the date of the written confirmation of the written order by the Commission Agent (a confirmation by e-mail is sufficient) or if the actions pursued by the Commission Agent establish beyond reasonable doubt the Commission Agent’s acceptance of the order (such as if the Commission Agent files a customs declaration in accordance with the order and so forth.). In such case, the contract for customs services specified under section 2 shall be governed by the terms and conditions of the present Agreement except to the extent the individual contract derogates from or contravenes the terms and conditions stipulated herein. 2. In this Agreement, customs services are defined as: i) Filing the customs declaration for the placement of consignment under the customs procedure as requested and clearly specified by the Principal in its written order, following the Principal’s submission of all documents needed to file the customs declaration. The Commission Agent agrees to file the customs declaration solely in conjunction with the import of goods to or export of goods from the Czech Republic. The parties agree that the Commission Agent does not review the accuracy or the completeness of the documents, or the accuracy and completeness of the Principal’s information about the customs procedure requested or the accuracy and completeness of the Principal’s instructions. If the Commission Agent does not receive a written instruction to the contrary in due advance before the filing of the customs declaration, the Commission Agent will apply for the placement of the imported goods under the customs procedure “ free circulation ” (into the Czech Republic as the country of import) and for the placement of the exported goods under the customs procedure “export” , ii) Representing the Principal in proceedings other than the customs procedures described in paragraph (i). Under any circumstances, the Commission Agent does not represent the Principal in any customs procedures other than those expressly or implicitly requested under paragraph (i), iii) The customs guarantee may be granted only as part of the placement of goods under the customs procedure specified in paragraph (i), iv) Issue or an additional issue of EUR.1, T2L, and A.TR forms insofar as ordered by the Principal from the Commission Agent in writing (at least by e-mail) in addition to an order placed under section 1 (or rather under Schedule 4), v) Other services listed in Schedule 1 under entry “ Other ”, insofar as ordered by the Principal from the Commission Agent in writing (at least by e-mail) in addition to the services ordered under section 1 (or rather under Schedule 4), ( hereinafter the “customs services” ). 2
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