These Terms and Conditions of Service constitute a legally binding contract between Langdon Customs and Excise Solutions Limited (“Langdon”) and the “Client” governing the provision of customs brokerage and related services by Langdon to the Client. In the event Langdon renders any other services to Client, the Terms and Conditions of Service as set forth for such other service(s) shall govern those services. The Agreement is subject to change by Langdon Customs & Excise Solutions upon posting on Langdon’s website from time to time. The most current and controlling version of the Agreement is published at 15.12.2023.
Article 1 – Purpose & Scope: The agent declaration document (“Customs Bureau Document”) attached hereto as Exhibit A, is for clients making use of Langdon services as a customs broker. It is used to outline the rights and responsibilities of Langdon as a customs broker and the rights and responsibilities of the Client as the Principal / Declarant. The agent declaration form must be completed and signed by a person with authority to sign on behalf of the importer.
By accepting customs brokerage services from Langdon Customs & Excise Solutions Ltd (“Langdon”) the Client agrees to the below Terms and Conditions of Service.
Langdon reserve the right to update these Terms and Conditions as required. Langdon 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, the filing of security documentation on behalf of the Client and other dealings with Government Agencies. As to all other services, Langdon acts as an independent contractor. Langdon act as a “Direct Customs Agent” in the name of and on behalf of the UK established customer with H.M. Revenue and Customs (HMRC) as defined by the Taxation (Cross Border Trade) Act 2018, Section 21, or as amended.
Article 2 – Customs Formalities: The Client shall provide Langdon with a standing authority signed by an authorised person, empowering Langdon to make customs declarations in the name of and on behalf of the client (direct representation). The Client guarantees and shall not hold Langdon liable for any financial consequences (duties, additional taxes, fines etc.) resulting from the provision of incorrect instructions or documents. Langdon reserves liberty in the procedures and methods to be followed in its performance of the agreed service.
Article 3 – Obligations: The Client is expected to provide Langdon with the precise instructions required for the completion of the service agreed. This must be in the agreed format and within the agreed timescale in advance of the declaration deadline. This may be in the form of standing instructions applicable to every declaration, in combination with specific instructions for individual declarations. Langdon is not obliged to check commercial paperwork (e.g., commercial invoice, bill of lading) to verify the information provided. Client is responsible for obtaining any necessary licenses and permits, including import and export licenses. In the event of an inaccurate declaration concerning the information above, the Client will bear sole liability for any consequences incurred and shall not hold Langdon liable for any expenses, costs, fees, or charges.
In preparing and submitting customs entries, export declarations, applications, security filings, documentation and/or required data, Langdon relies on the correctness of all documentation, whether in written or electronic format, and all information furnished by Client, including but not limited to tariff classification and information relating thereto. The Client shall at their own initiative notify Langdon of any special circumstances. Unless otherwise informed, Langdon will assume that no binding information exists in relation to tariff or origin.
Client shall use reasonable care to ensure the correctness of all such documentation and information and shall indemnify and hold Langdon harmless from and against any and all claims, liability or losses, including but not limited to attorneys 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 Langdon reasonably relied. The Client agrees that the Client has an affirmative non-delegable duty to disclose any and all documentation and information required to import, export or enter the goods. The Client commits to make no claim against Langdon or any director or employee of Langdon which attempts to impose upon them any liability connected to the services concerned. If any claim should be made, the Client commits to indemnify Langdon against all consequences thereof.
Langdon obligations will be limited to the daily receipting of stock into the custom warehouse, management of bonded stock through the BSUR (Bonded Stock Update Report), specific issues, completion and submission of the Clients supplementary declarations and monthly final supplementary declaration. The Client will have access to the declaration data via DMS Enterprise and the Client retains responsibility for the completion of relevant management checks. Responsibility lies with the Client for maintaining the audit trail requirements for customs special procedures. Langdon shall provide confirmation that the required customs declarations have been submitted and accepted. Langdon shall perform its duties with a reasonable degree of due care, diligence, skill, and professional judgement. Langdon is entitled in its sole discretion to refuse to perform any acts and activities required by the Agreement or any specific order, provided such decision is communicated to the Client as soon as possible.
Article 4 – Limitation of Liability and Claims: Any claim by the Client against Langdon arising in respect of any service provided by Langdon, shall be made in writing and notified to Langdon within 10 business days of the date upon which the Client became, or ought reasonably to have become, aware of any event or occurrence alleged to give rise to such claim, and any claim not made and notified as aforesaid shall be deemed to be waived and absolutely barred, except where the Client can show that it was impossible to comply with this time limit, and that the claim was made as soon as it was reasonably possible for the Client to do so. Claims may not be deducted from charges and no claim will be considered until all fees due hereunder have been paid in full. Limitations of liability shall also apply in relation to any subcontractor of Langdon, and the Client shall indemnify Langdon for any liability, which Langdon may suffer as a consequence of a claim being directed against a subcontractor in excess of what could have been claimed from Langdon in accordance with this clause. Notwithstanding the foregoing, Langdon shall in any event be discharged of all liability whatsoever and howsoever arising in respect of any service unless suit is brought and written notice thereof is given to Langdon within nine months from the date of the event or occurrence which gave rise to a cause of action against Langdon.
Except as specifically set forth herein, Langdon makes no express or implied warranties in connection with its services. In no event shall Langdon be liable for claims unless such claim is a direct result of Langdon’s grossly negligent acts and is limited to a maximum of £1,500 annually. In no event shall either Langdon or Client be liable or responsible for (i) consequential, indirect, incidental, statutory or punitive damages even if it has been put on notice of the possibility of such damages, or for (ii) the acts of third parties.
Article 5 – Indemnity: Indemnification/Hold Harmless. The Client agrees to indemnify, and hold Langdon harmless from any claims and/or liability, fines, penalties and/or attorneys’ fees (regardless of whether or not litigation is filed) arising from the importation or exportation of 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 Client or its agent or representative, which violates any applicable laws, and further agrees to indemnify and hold Langdon harmless against any and all liability, loss, damages, costs, claims, penalties, fines and/or expenses, including but not limited to reasonable attorney’s fees (regardless of whether litigation is filed), which Langdon may hereafter incur, suffer or be required to pay by reason of such claims. Where Langdon acts as an indirect representative of the Client, the Client shall moreover indemnify and hold Langdon harmless for liabilities exceeding an amount of three (3) times the service charge payable by the Client for the particular service (order), which led to the liabilities, regardless whether such liabilities have been caused by Langdons’ negligence and Langdon should have known about the circumstances giving rise to the liabilities, and whether in contract or tort.
Article 6 – Charges and Lien: All charges must be paid by Client within thirty (30) working days from the date of invoice for such fees, regardless of other terms that may have been agreed up for other invoiced services. Langdon will not advance funds for payment of duties or taxes. Payment for Services shall be received in Langdon’s bank account no later than on the due date of the invoice. Overdue amounts will be subject to late payment interests at the rate of 1% per month. The Client must notify Langdon of any objections to an invoice within 8 days of the invoice date. Disputes regarding an invoice shall not release the Client from its obligation to pay on time. Langdon may at any time amend the charges by giving one month’s written notice to the Client.
Article 7 – Force Majeure: Langdon shall not be liable for losses, damages, delays, wrongful or missed deliveries or nonperformance, in whole or in part, of its responsibilities under the Agreement, resulting from circumstances beyond the control of either Langdon or its subcontractors, including but not limited to: (i) acts of God, including flood, earthquake, storm, hurricane, power failure or other natural disaster; (ii) war, hijacking, robbery, theft or terrorist activities; (iii) incidents or deteriorations to means of transportation, (iv) embargoes, breaches of contract or omissions by Client, Shipper, Consignee or anyone else who may have an interest in the shipment (viii) acts by any government or any agency or subdivision thereof, including denial or cancellation of any import/export or other necessary license; or (ix) strikes, lockouts or other labor conflicts.
Article 8 – General: Confidentiality: Both parties undertake to keep confidential all information relating to the other party that is exchanged in relation to the performance of the services concerned and to not make any disclosure to a third party without advance written consent from the other party.
Data Protection: Client information may only be communicated to services and organisations that are explicitly authorised to receive it (e.g., HMRC).
Assignment: Langdon may assign its rights and obligations under the Agreement to any company directly or indirectly controlled by Langdon and the Principal undertakes to co-operate to affect such assignment expeditiously.
Governing Law: These Terms and Conditions of Service and the relationship of the parties shall be construed according to the laws of England.
Exhibit A
Company Letterhead
Appointment of a Direct Customs Agent
I, ……………………………………………………………………………………………………………. (i)
Having authority to sign on behalf of
(A) Company Name…………………………………………………… EORI No ………………………(ii)
Hereby appoint
(B) Langdon Customs & Excise Solutions Ltd VAT Number 420796395 (iii)
to act on behalf of the entity named at A above in the capacity of direct Customs agent in accordance with Schedule 21 Customs Agents of the Taxation (Cross Border Trade) Act 2018. This authorisation is applicable to all consignments arriving in or departing from the UK.
This Appointment applies with effect from the date of signature until revoked by the entity named at A above.
The entity named at A above authorises the Customs agent named at B to delegate Customs clearance to sub-agents as a direct Customs agent of the declarant in all dealings with HMRC where circumstances necessitate.
The entity named at A authorises their representative, the Customs agent named at B, to declare goods to HMRC using
Deferment Approval Number (DAN): ………………………………………..
VAT Number: ……………………………………………………………………
Note: In accordance with Clause 21 Customs Agents of the Taxation (Cross Border Trade) Act 2018, a Direct Customs agent acts in the name of and on behalf of another person. In relation to import/export declarations, the importer/exporter will be liable for any Customs debt arising from the declaration
Note – For Langdon to be able to use your duty deferment account on import declarations you will need to register your authorisation for us to do so via HMRC form C1207N – this can be completed online here.
Signed: ………………………………………………………………………………..
Position: ………………………………………………………………………………
Dated: …………………………………………………………………………………
Notes:
(i) Name of person signing, who must have authority to sign on behalf of the entity
(ii) Legal name & EORI Trader Identification No. of appointing direct Customs agent
(iii) Legal name & Trader Identification No. of representative