CUSTOMS BROKER SERVICE
TIR is obligated to continuously
follow all laws and legal procedures related to the regulation
of the import and
export of goods and services. Customs
broker services, according to the Law on the Obligation
Relations and
General Conditions for Working of the International
Forwarders in Macedonia, are offered by TIR according
the oral and written agreements with the clients.
According to present Customs Law,
TIR will not take the responsibilities
before the customs authorities
in the name
of its client for the
accuracy of the data, regarding
the type and the quantity of the
shipment. The client will cover
all additional costs, which will
appear consequently to the retaining
of the shipment by the custom authorities
by reason of inaccurate data. Furthermore,
the client will take responsibility
for the incorrect declaration of
the shipment. Unless regulated
with the agreement, TIR will not
take responsibility for paying
customs and other charges in the
name of the client. The client
is obligated to pay for the charges
concerning the export or the import
of a particular shipment. The payment
of the costs can be made by TIR
only if the client pays the costs
to TIR in advance.
RESPONSIBILITY FOR PROVIDING INFORMATION
In the case of import, the client should supply TIR
in reasonable time with invoices and other documents
that are needed for preparation of the customs procedure
according to the Law on Customs in Macedonia, as well
as other information that can help in the customs procedure.
If the client does not manage in certain time to provide
the necessary documents or information, partly or completely,
or if the documents and the information is not correct,
then TIR will be obligated to make its own estimation
of the shipment and it will not take responsibility nor
consequences for the mistakes in estimation because of
the lack of documents or information.
In case of export, the client should supply the TIR
in reasonable time with accurate invoices, appropriate
packing list and other information written in a language
requested by the laws and regulations of Macedonia and
the country of destination of the shipment.
The client is responsible and authorized for the correctness
of all invoices, documents and information that are given
to TIR or its agent of export, import or other purpose
and the client agrees to compensate TIR for the increase
of duty, penalties or expenses, including travel expenses
made as a result of any inaccuracy or mistake for delayed
presentation and in case of any negligence.
INSURANCE
TIR will make efforts to incorporate the insurance against
all risks
(AAR) or other types insurance of the shipment provided
it receives
written instructions in the right time before dispatching
the shipment
from the point of export. At the same time, the client
must name the
type and the amount of the insurance.
TIR will not undertake
nor
guarantee any insurance if it is not required by the
client, except in
cases when the client has its own general policy with
some insurance
company, and if the client gives TIR instructions to
include the issuing
shipment in the appointed policy. The insurance should
be confirmed with
a certificate or a policy and it will be valid only
in case insurance
company accepts it.
If the insured client has some
misunderstandings in
respect to his rights and obligations by any reasons,
he is to contact
only his insurer, and TIR will not take any responsibility
concerning
this matter, without understanding that the shipment
has been insured
according the policy in the name and on account of
TIR or that the
premium according to the given policy should not
be paid to TIR by the
insured client. If the shipment is held in a storehouse
or elsewhere by
any reason, the insurance will not be valid unless
TIR receives written instructions
by the client. The client covers all premiums and expenses
related to the insurance of the shipment.
CHOOSING OF ROUTES AND AGENTS
 Except
when the instructions are written by the client, in any
other case TIR has complete freedom of choosing the manner,
transit points, routes and procedure which will be followed
while manipulating with the shipment, the transport and
the final dispatch.
Any advice given by TIR to the client
that a certain individual or firm is chosen to carry
out the services relating to the transport of the shipment,
does not mean that they will conclude the issued obligation.
In interest of the shipment, TIR has the discreet right
to alternate the already chosen transportation routs,
destinations or agents.
LIABILITY LIMITATIONS OF THIRD PARTIES
TIR is authorized to choose and employ transporters,
sub-forwarders, customs intermediators and everything
that is necessary for execution of the client's order.
The shipment can be assigned to the above mentioned
parties under the conditions for restriction of the liability
for loss, damage or delay, regardless of whether the
restriction of the responsibility is written, taped
or printed on the weighing list or other transportation
documents.
TIR, under no condition will take any liability
for the damage, loss or delay of the shipment in
case when the shipment is under supervision or control
by third parties that are chosen for manipulation of
the shipment.
SERVICE PRICES
All offered prices by TIR, such as prices for customs
intermediation,
customs or other payments, insurance premiums, seafreight
or airfreight
or trucking freight, storage and packing expenses, are
only by
informative nature, and without the date of validity
of the offered
prices they can be changed without any announcement.
If any of the
involved parties in the manipulation of the shipment
change their price,
TIR does not take responsibility for any possible damages
caused by that
change, unless in the cases when TIR has already taken
the shipment by
the agreed price.
TIR has an absolute right to
ask for an advanced
payment for previously agreed amount of a particular
service.
RIGHT FOR RETENTION
If the client does not compensate his obligations for
the some time, TIR
will keep its right for free estimation for execution
of the right to
retain the goods, pursuant to Article 286-289 from the
Law on
Obligational Relations and Article 42, point 1 from the
General
Conditions for Working of the International Forwarders
in Macedonia, for
covering its expenses for the manipulation of the shipment.
Pursuant to
Article 288 from the Law on Obligational Relations,
if the client gives
appropriate clearance for his requirement, TIR has
no right to charge
from the retained goods, but has an obligation to return
the goods to
the client. On request of the client, TIR should present
its expenses
relating the custom procedure in advance, retaining
the right for
alternating the amount of the expenses if necessary.
The client is
obligated to pay for this change of the expenses, because
it is in the
interest of the client that the work is done in the
best possible way.
TIR
RESPONSIBILITIES
It is clear that any complaint or indemnity for loss,
delay, damage or
unexpected expense should exclusively be addressed to
the carrier,
storager, sub-forwarder or other involved parties in
the manipulation of
the shipment, in the period when the loss, delay, damage
or unexpected
expenses appeared.
TIR does not take responsibility for
any request for
compensation or indemnity made by any reason, except
in the cases when
the shipment is under the manipulation of TIR and the
damage appears
because of careless handling by TIR employees.
The expenses
connected
with the loss of profit are in no case responsibility
of TIR. For
quickening of the procedure, all requests for reimbursement
addressed to
the above mentioned parties, at the same time should
be send to the
address of TIR, no later than 8 days from the verification
of the
damage.
HANDLING AND TRANSPORT OF PERISHABLE
CARGO
AND LIVE ANIMALS
Perishable cargo or live animals that should be imported-exported
or
customed without any written instruction or disposition
about the place
and the way of dispatch by the client, and have been
previously given to
TIR, can be sold or pre-routed without informing the
client, the owner
or receiver of the shipment, in order to reimbursement
of the expenses
for manipulation with the shipment.
The reimbursement
amount will be
equal to the costs made by TIR, and the rest of the sum
will be sent to
the customer.
In cases when the shipment is returned
or is waiting on
stock without previous requirement for any reimbursement
at the dispatch
point or some transit reloading spot, or the shipment
is going back for
any reason, then the client must cover the expenses
that have been made
by TIR concerning the previously mentioned.
REQUIREMENTS FROM GOVERNMENT INSTITUTIONS
The client has complete and full responsibility to
follow and satisfy
the government legislation's concerning the import or
export of
shipments, to know the specified conditions by the government
institutions regarding health requirements of the shipment
with animal
origin and the required standards when the shipment is
used on the
territory of Macedonia.
TIR will not take responsibility
in case of a
dispute between the government institutions and the client,
if related to
the client's unawareness of the regulations for certain
shipments.
PICKING UP
THE SHIPMENTS
TIR is not obligated to collect the shipment from the
transporters and
to deliver it to the client. In case TIR receives an
instruction from
its client to pick up the shipment, therewith the client
is entitled to
pay for the received service.
At the same time, TIR will
not take
responsibility for any damages of the shipment up to
the moment when it
has been accepted by the transporters.
TIR is obligated
to examine the
shipment before it is received by the transporters,
to the extent that
the conditions allow it, and if it notices some impropriety,
the
shipment will not be received unless the transporters
or his agent give a
written report for the cargo incorrectness.
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