Kuehne + Nagel (“KN”) will comply with all trade control and embargo related restrictions and legislation applicable for its Services provided under this Agreement.
Customer shall comply with all applicable trade control and embargo requirements including, but not limited to, restricted party screening, export, customs, import and in-country activities, in respect of the Customers items such as but not limited to products and technology (“Items”).
Customer shall provide all relevant licences for all applicable jurisdictions involved in the transaction, and data including, but not limited to, all applicable export control and customs classification numbers, country of origin, all applicable destination country restrictions, irrespective of the country to which the Items are being supplied. Customer shall further provide accurate customs valuation, accurate names and address details of all the parties involved in the transaction. Customer shall supply the aforementioned data and information correctly and in good time to enable KN perform their agreed scope of services. Where any Customer trade control and embargo related restrictions are not met, are unclear or in case a transaction is not allowable in the relevant jurisdiction, KN is relieved from its obligation to provide the Services without any liability whatsoever.
In the event that the Customers trade control and embargo related restrictions position alters at any time Customer shall address such changes in respect of, but not limited to, the requirements herein in good time to enable KN to fulfil its scope and to ensure that such changes do not expose KN to any legal or other detrimental consequences.
KN does not accept any Customer request that extends KN’s liability, seeks to treat KN as a consignee, end-user, importer of record, exporter of record, fiscal representative or other such party if such is not mutually agreed in writing in accordance with this Agreement, and/or is not lawful.
Customer shall be liable for any costs including legal costs, other expenses and/or losses or damages arising to KN due to missing and/or incorrect trade control or compliance data, documentation, information or other factors that are required to be provided by the Customer. Customer shall indemnify KN for and hold it harmless from all expenses, losses and claims, including but not limited to duties, taxes, interest, fines, penalties levied / imposed on KN and/or its involved business partners which result from the nature of Customer´s Items or from Customer`s, including its employees`, suppliers` or customers`, actions or omissions.
To the extent KN has a contractual duty to verify the documentation and information provided by Customer such as but not limited to licenses, customs tariff numbers or descriptions of Items, it is acknowledged and agreed between the Parties that KN’s verification obligations are limited to a check of documentation completeness only. Under no circumstances shall KN be responsible to verify correctness, validity or authorization of information or data so provided and declines any responsibility or liability in this regard to the maximum extent legally permitted.
It is further acknowledged by the Parties that any statements, notifications or declarations made by KN related, but not limited to customs tariffs, tax or export control and embargo related restrictions can only be considered as a first estimate without any representations or warranty of any type, whether expressed or implied. Customer’s reliance upon or use of such statements, notifications and information provided by KN shall be at Customer’s own risk and KN shall have no liability of whatsoever towards Customer or anyone else should Customer decide for itself to rely on any perceived correctness of such statements, notifications and information.
Where the Customer requires KN to work directly with the Customer’s suppliers, customers, end-users, or other parties this entire clause is applicable to those transactions. In all cases the Customer is liable for the actions of the parties it requires KN to work with.
In respect of the data required from the customer/exporter/importer detailed in the above clauses, specifically, but not limited to, customs classification, country of origin, value and the US, EU or national export control and sanctions status of the transaction, products and parties, and for import, whether a licence is required, this must be confirmed by the customer in writing (e-mail is acceptable as are annual declarations) including where the answer is negative because the specific point does not apply –
for example, where a product, transaction and the parties are not subject to export/import controls or sanctions – the customer should confirm this as “No”, or “Not applicable”, so KN has a clear statement of the status whether positive or negative in relation to the shipment(s).