PUBLIC AGREEMENT 23/07 for the Provision of Goods Declaration Services
Date of publication 23.07.2024
NOVA POSHTA LIMITED LIABILITY COMPANY, holding a permit for customs brokerage activities МВ/001017/00 as of May 12, 2023, represented by Director Oleksandr Mykolaiovych Bulba, acting under the Articles of Association, guided by Articles 633 and 634 of the Civil Code of Ukraine, offers an unlimited number of persons to obtain goods declaration services for items transported across the customs border of Ukraine according to the provisions of this Public Agreement (hereinafter referred to as the Agreement).
1. TERMS AND DEFINITIONS
1.1. Customer means a person who has accessed this Agreement as a whole according to the procedure established by the Agreement.
1.2. Contractor means Nova Poshta Limited Liability Company (legal entity identification code 31317618).
1.3. Website means the Contractor's website available at https://novaposhta.ua/ and https://novapost.com/uk-ua.
2. GENERAL PROVISIONS
2.1. This Agreement shall be concluded according to the provisions of Articles 633 and 634 of the Civil Code of Ukraine by the Customer's accession to this Agreement as a whole. The Customer shall not be entitled to propose its own terms of the Agreement.
2.2. Each party to this Agreement hereby declares to the other party to be fully competent and authorized to conclude and execute the terms and conditions of this Agreement.
2.3. This Agreement shall be binding on the Contractor from the date of its publication on the official Website.
2.4. This Agreement shall be binding on the Customer from the moment of its conclusion.
2.5. The Agreement is considered concluded for the Client when the following documents are sent to the Contractor's email address at brokers.lv@novaposhta.ua:
- a copy of the Client’s passport or another document verifying the Client’s identity, in accordance with Article 13 of the Law of Ukraine "On the Unified State Demographic Register and Documents Confirming Ukrainian Citizenship, Identity, or Special Status."
- if available, a copy of the document confirming the customs value of goods being moved across the customs border of Ukraine (the actual amount paid or payable for these goods), including but not limited to an invoice, receipt, bank statement, or similar documentation. If a copy of the document confirming the customs value is not provided, it will be assumed that the Client does not possess such a document at the time of completing customs formalities.
3. SUBJECT OF THE AGREEMENT
3.1. Under the conditions stipulated by this Agreement, the Contractor shall provide the Customer with the following services for a fee:
- Presenting goods to the customs authorities for inspection and customs clearance according to the current customs legislation of Ukraine;
- Goods declaration.
3.2. Subject to the terms and conditions of this Agreement, the Parties shall understand the term "goods" as defined by the Customs Code of Ukraine, regardless of the means and methods of their transportation.
3.3. The Customer shall accept and pay for the services rendered, as well as reimburse the Contractor for the expenses incurred by the latter for the payment of duties and taxes related to the transportation of goods across the customs border of Ukraine until the actual transfer of these goods to the Customer.
4. CONTRACTOR'S RIGHTS
4.1. Undertake any actions regarding the presentation of the Customer's goods and related documents to the customs authority for customs clearance.
4.2. Exercise its functions related to the declaration of the Customer's goods in any customs authority of Ukraine.
4.3. Demand documents, records, and confidential information from the Customer regarding the identity of the Sender, the Customer, and the goods being declared.
4.4. Certify copies of documents for customs clearance.
4.6. Engage third parties, if necessary, to perform the terms of this Agreement in full.
4.7. Set and change the rates for services under this Agreement independently by publishing them on the Website.
4.8. In the event of any uncertainty, it is the responsibility of the Customer to verify the accuracy and completeness of all information related to the properties, weight, quantity, price, manufacturer, country of origin, and any other material details pertinent to the proper customs clearance prior to the submission of the declaration to the customs authority.
2.9. Retain the goods, as well as customs and shipping documents, until the Customer pays for the Contractor's services and reimburses the expenses for customs duties and taxes related to the transportation of goods across the customs border of Ukraine.
2.10. Process the Customer's personal data (last name, first name, patronymic, phone number, e-mail address, date of birth, identification number, or address) to complete customs formalities with the Customer's goods.
5. CONTRACTOR'S DUTIES
5.1. Declare the Customer's goods.
5.2. Accrue customs payments.
5.3. Provide the customs authority with the documents required for customs clearance.
5.4. Present the declared goods to the representatives of the customs authority.
5.5. Whenever required, assist in conducting veterinary, phytosanitary, and other types of inspections of the Customer's goods.
5.6. Inform the Customer in writing about any damage to the containers and packaging of goods, as well as about the non-compliance of these goods and related documents for customs clearance.
5.7. Keep trade secrets and confidential information included in the Customer's documents.
5.8. Pass the shipping documents received with the goods to the Customer, except when such goods and shipping documents are retained by the Contractor under this Agreement.
6. CUSTOMER'S RIGHTS
6.1. Demand proper fulfillment of the terms of this Agreement from the Contractor.
6.2. Get information on the progress of customs clearance of goods.
7. CUSTOMER'S DUTIES
7.1. Provide the Contractor with the documents and information required for the performance of this Agreement.
7.2. Remit payment for the Contractor's services and reimburse the Contractor for any expenses incurred in relation to the payment of duties and taxes associated with the transportation of goods across the customs border of Ukraine, up until the actual transfer of these goods to the Customer.
Reimburse the Contractor for the expenses incurred in paying customs duties before the Contractor presents the goods to the customs authorities.
7.3. Cover additional customs duties and fines and bear other liability established by law in case of underpayment of customs duties due to failure to provide or incomplete provision of documents or provision of inaccurate information about goods and their cost.
8. COST (PRICE) OF SERVICES
8.1. The cost of the services rendered under this Agreement shall be determined by the rates specified on the Contractor's Website.
8.2. The Customer shall pay for the Contractor's services, as well as reimburse the Contractor for the expenses incurred by the latter for the payment of customs duties and taxes related to the transportation of goods across the customs border of Ukraine before the actual transfer of these goods to the Customer.
9. TIME FRAME FOR SERVICE PROVISION
9.1. The services under this Agreement shall be provided within 10 business days from the date of conclusion of this Agreement with the Customer.
9.2. The deadline for the provision of services under this Agreement may not be met if the Customer's goods are detained by the customs authorities or if the Customer cannot provide (fails to provide) additional documents required for the Contractor to perform this Agreement.
10. LIABILITY OF THE PARTIES
10.1. In the event that customs authorities impose financial sanctions (such as fines) on the Contractor pursuant to the Customs Code of Ukraine and other applicable regulations due to the Customer's submission of incomplete or inaccurate information and documents, or other violations, the Customer shall be liable to the Contractor for the full amount of such sanctions. The Customer shall reimburse the Contractor for any fines or financial penalties imposed on the Contractor, in an amount equal to the financial sanction imposed.
10.2. The Contractor shall not be liable to the customs authorities for the Customer's failure to comply with the terms of the selected customs regime from the moment the goods are released under a certain customs regime.
10.3. The Contractor shall not be held liable to the Customer for any additional taxes, customs duties, or fees that may be charged to the Customer during customs clearance and release of the Goods under a specific customs regime, due to changes in the rates of customs duties, customs fees, or other related charges. Furthermore, the Contractor shall not be responsible for any financial sanctions imposed on the Customer as a result of late payment of such taxes, customs duties, or fees.
10.4. The Customer is hereby informed of the liability for violating the Customs Code of Ukraine. In particular, but not exclusively, of the liability for violating Articles 235 and 355 of the Customs Code of Ukraine.
11. FORCE MAJEURE
11.1. The Parties hereby agree that they shall not be liable to each other for violation of the terms of this Agreement if such violation occurred due to force majeure, namely, acts of God beyond the control of the Parties, which they could not avoid or mitigate by exercising reasonable efforts (an approximate but not exhaustive list of such acts is provided in the Law of Ukraine "On Chambers of Commerce and Industry in Ukraine"), and which are beyond the reasonable control of the Parties and affect the performance of their obligations under this Agreement.
11.2. If such circumstances occur, the Party affected by the force majeure event shall notify the other Party in writing (including through a notice on the Website) within 5 calendar days of the beginning and end of the force majeure event that prevents the fulfillment of obligations under this Agreement. A certificate from the Ukrainian Chamber of Commerce and Industry shall be proper proof of a force majeure event.
12. LOCATION AND DETAILS OF THE CONTRACTOR
NOVA POSHTA LLC
Location/mailing address:
103, Stolychne Shosse, building 1, floor 9, 03026, Kyiv, Ukraine.
USREOU code 31316718
TIN 13167116014
VAT payer certificate No. 100148005
Customer support phone number 0-800-500-609
The Contractor's Website URLs are https://novaposhta.ua/ and https://novapost.com/uk-ua
E-mail: corp.com@novaposhta.ua