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Terms & Conditions


Within the context of these general Terms and Conditions the following terms mean:

  • Customer: legal entity who has entered into or wishes to enter into an agreement with the Contractor, as well as aforesaid person’s or entity’s legal successors, being registered in their country under the official registration legislation applicable of the local chamber of commerce.
  • Contractor: Bonded Services International B.V.
  • Agreement: Any Agreement between Customer and Contractor for the Contractor to perform services for Customer’s benefits, in accordance with the specifications of the order confirmation


All services ordered or that result from or are connected with the order that performed or should be performed and in any case including the activities as specified in the order confirmation. Customer agrees that Contractor subcontracts the whole or any part of the services as specified in the order confirmation.


  • These general Terms and Conditions are applicable to and comprise an integral part of all the Contractor’s offers, tenders, services, as well as to all agreements and supplements thereto between the Contractor and Customer, in so far as the parties have not expressly agreed in writing deviate from these terms and conditions.
  • The applicability of Customer’s terms and conditions is hereby expressly rejected.
  • Deviation from the general Terms and Conditions will only be binding if and in so far as this has been expressly agreed upon in writing and solely for the offers, activities and agreements and supplements thereto to which they apply. With respect to the other offers, tenders, activities and agreements and supplements thereto, these general Terms and Conditions will remain in full effect


  • These general Terms and Conditions are applicable to and comprise an integral part of all the Contractor’s offers, tenders, services, as well as to all agreements and supplements thereto between the Contractor and Customer, in so far as the parties have not expressly agreed in writing deviate from these terms and conditions.
  • The applicability of Customer’s terms and conditions is hereby expressly rejected.
  • Deviation from the general Terms and Conditions will only be binding if and in so far as this has been expressly agreed upon in writing and solely for the offers, activities and agreements and supplements thereto to which they apply. With respect to the other offers, tenders, activities and agreements and supplements thereto, these general Terms and Conditions will remain in full effect


  • The offers issued by the Contractor, in any form whatsoever, are free of commitment, unless expressly specified otherwise. An offer will be valid for thirty (30) days, unless otherwise specified in the offer. Offers can be revoked within no more than five (5) working days after receipt of the acceptance by the Customer.
  • The offers will contain a cost specification that corresponds to the activities in the offer.

  • Offers by the Contractor will be based on the information provided by the Customer. The Customer will be liable for the accuracy and completeness of such information and for providing all the information


  • The agreement between the Customer and Contractor will become effective when the offer signed by the Customer is received by the Contractor and the Contractor has not revoked the offer thus accepted within five (5) working days of receipt, or at the time that the order confirmation signed by the Contractor and Customer is returned to and received by the Contractor (“Commencement Date”). Until such time as the Contractor has received the returned order confirmation, the Contractor reserves the right deploy staff/capacity elsewhere.
  • If the order is issued verbally, or if the order confirmation has not yet been signed by the Customer for approval and returned, the order will be deemed to come about under the applicability of these general Terms and Conditions at the time that the Contractor has started to perform the order at the Customer’s request.
  • Every agreement shall be in force for an initial period of 12 (twelve) months (the “Initial Term”) as from the Commencement Date, unless otherwise agreed upon. Notwithstanding any termination ground in this Agreement, this Agreement shall automatically continue beyond the Initial Term each time for a 12 (twelve) months term (the “Additional Term”), unless otherwise terminated by either party upon three-month prior written notice to the end of the Initial Term or any Additional Term
  • The content of the agreement does not extend further than the activities expressly stated in the tender and/or order confirmation, with the specification in the order confirmation prevailing.
  • Supplemental agreements or changes with respect to the agreement will only be binding upon the Contractor if and in so far as the Contractor has accepted them in writing.
  • Terms and conditions of third parties, being subcontracted or being used to perform the order, are retrieved unchanged and are automatically accepted by Customer when Contractor makes use of such a party, unless otherwise agreed upon in writing.
  • The agreement will be in place of and replace all previous proposals, offers, correspondence, agreements or any other communication whatsoever, made verbally or in writing.


  • This Agreement may be terminated at no cost at any time upon written confirmation by the contractor.
  • This Agreement may be terminated by either party, upon written notice to the other party by registered letter, with immediate effect, upon the occurrence of any of the following events:
    • if the other party commits any material breach of this Agreement and (in the case of a breach capable of being remedied) shall have failed to remedy such breach within 60 days after receiving a written notice of such breach and a request that such breach must be remedied within a 60 days period;
    •  if the other party is declared bankrupt, files for bankruptcy, if the other applies for a suspension of payment, its company goes into liquidation, ceases its business operations for some other reason, if the other party offers its creditors a composition or otherwise appears to be insolvent;

    • if an occurrence of Force Majeure, which prevents the due performance of either party’s obligations hereunder, has continued for a period of three (3) consecutive months, notwithstanding the good efforts of the affected party to overcome such Force Majeure.
  • However if, in the event of Force Majeure (as stated in article FORCE MAJEURE), resulting in the inability/impossibility to render all or a substantial part of the Service, Contractor can provide equally suited alternatives for (part of) the Service within four (4) weeks from the date of the occurrence of Force Majeure, which are reasonably acceptable to Customer. In the event that Contractor is unable to provide such an equally suited alternative for (part of) the Service, then Customer may end the use of Contractor’s services for these services where no equally suited alternatives could be offered by Contractor. Contractor may terminate this Agreement at no cost at any time if Customer does not accept any change of Tariffs resulting from the provision of such equally suited alternatives.


  • Upon the effective date of termination of this Agreement, this Agreement will automatically stop for the customs services, but can continue for an additional period of 1 (one) month to fulfill the other Services.
  • Contractor may terminate the provision of Services to Customer at any time during the Run Off period after notifying Customer of such termination by e-mail or registered letter.
  • The termination of this Agreement howsoever arising is without prejudice to the rights, duties and liabilities of either Party accrued prior to termination.


  • The Customer shall provide all documents, items, and statements in a timely fashion that the Contractor has indicated are necessary or that the Customer should in all fairness understand to be necessary for the proper performance of the services so that the performance of the order can go well and stay on schedule as much as possible.
  • Customer shall comply with Contractor’s reasonable instructions in relation to the use of the Services.
  • The Customer will be obliged to inform the Contractor without delay of facts and circumstances or changes that may have significance to the timely, proper completion of the order.
  • Unless the nature of the order does not permit, the Customer shall guarantee the accuracy, completeness, reliability and legality of the information and documents provided to the Contractor, also in the event these originate via or from third parties.
  • Customer shall not use or permit the Services to be used for any illegal, immoral, indecent or unlawful purpose; In any way that may infringe any Intellectual Property Rights; or in any way that may be in breach of any obligation of confidence, privacy or any other rights.
  • Customer shall ensure and certify that on presentation of items to Contractor, unless otherwise agreed with Contractor in writing in advance:
    • The items shall be securely and properly packed in compliance with Applicable Laws and Regulations and recognized standards, and in such condition so as not to cause damage or injury or the likelihood of damage or injury to the property of Contractor or other goods whether by spreading of damp, infestation, leakage or the escape of fumes or substances or otherwise;
    • The items do not contain any material which is prohibited as specified in ICAO Annex 17 or other national or international regulations that govern aviation security, or in the opinion of Contractor noxious, dangerous or hazardous. Any such material may be destroyed, sold or otherwise disposed of by Contractor; Contractor may invoice Customer for the costs incurred by Contractor in connection with such destruction, sale or disposal.
    • The items do not contain substances the storage of which would require the obtaining of any consent or license or which, if they escaped from their packaging, would or may cause pollution of the environment or harm to human health;
    • There are no statutory duties specific to the items with which Contractor may need to comply. Customer shall inform Contractor in writing of the precise nature of the items and any unusual or inherent dangers or properties, any special conditions or requirements, any required storage temperature, and other special precautions necessitated by the nature, weight or conditions of the items.
  • Customer shall remove the items from the custody or control of Contractor at such date as may have been agreed between the parties. In the absence of such agreement Contractor may at any time by notice in writing to Customer require the removal of the items within 30 days from the date of such notice.
  • In respect of those items stored under a Customs’ bond, prior to their removal from a bonded warehouse Customer shall provide Contractor with suitable evidence to confirm that such items may be removed from the bond. Customer is responsible (at its own expense) for obtaining any permission or license in relation to the export of such Items and for complying with any applicable export laws and regulations.
  •  Customer declares that the shipments have been prepared by Customer or its suppliers, have been prepared in secure premises, using reliable staff, employed by Customer or its client, and that the shipments have been safeguarded against unauthorized interference during preparation, storage and transportation immediately prior to hand over to Contractor.

  • On any consignment addressed to Contractor, Customer or its supplier needs to affix a consignment note, manifest or Airway Bill. Each such delivery note needs to state at least the following information:
    • Name and address of Contractor;
    • Number of cartons, bags or pallets used to transport the consignment;
    • Unique job number for each pre-alert note;
    • Number of items included in the consignment and total weight.
  • For processing these items Contractor offers Customer availability and sufficient resources to process.
  • The Contractor assumes that Customer will use the full amounts of the specific thresholds for Dutch VAT purposes. Contractor or subcontractor shall inform Customer in writing when these thresholds are (partially) used.
  • The Contractor will be entitled to discontinue the execution of the agreement until the Customer has satisfied the obligations stated above. The Contractor will be entitled to charge the Customer for any expenses incurred as a result of this delay according to its normal rates.


  • Customer needs to certify that all statements and information provided related to the import of a shipment will be true and correct. Customer acknowledges that in the event that any untrue or fraudulent statements are made about a shipment or any of its contents that it risks a civil claim and/or criminal prosecution and penalties including forfeiture and sale of the shipment.
    Contractor will in that case issue a penalty of EUR 100.000 after the first warning in writing by Contractor and a second infringement is perceived. The penalty will then be due immediately and all (tax related and other) activities are suspended by Contractor.
  • Customer agrees to indemnify Contractor, its directors and personnel and to hold them harmless from any claims that may be brought against them arising from the information provide to them.
  • Any customs penalties, import duties, import VAT and local VAT due to the subsequent supply, storage charges or other expenses that Contractor may incur as a result of the actions of customs or other governmental authorities or the failure to provide proper documentation and/or to obtain the required import license or permit will be charged to Customer together with the administration fee related to this extra work.
  • In those cases where Contractor assists in or deploys the Duty and VAT clearance it will endeavour to expedite all DUTY and VAT clearance formalities for such shipment but Contractor is not liable for any delays, losses or damage caused by interference from customs officers or other governmental authorities.
  • If Contractor is unable to process a shipment or asset because of non-pre-announced notification or an incorrect address it will make all reasonable efforts to solve it. These situations may result in a delay of the processing, which could result in additional charges to be applied to be paid by customer.
  • Contractor deploys –as described in the Agreement- on behalf of Customer the required ‘periodic Duty & Tax payment’, Duties and VAT, for the processed Items within a certain month, to the Tax & Customs Administration, within the mandatory time.
  • In unforeseen circumstances, when the amount of VAT & Duties is not known within the mandatory time, Contractor will ask Customer to pay an estimated amount of VAT & Duties by means of sending an official invoice to Customer.
  • Contractor assist in completing the required DUTIES, VAT and other formalities. Such assistance will be rendered at Customers sole’s risk.
  • A request for VAT reimbursement can only be made when Contractor agrees and the required documents are correctly handed over by Customer.


  • The Contractor shall determine how and by which employees the activities are to be performed, yet shall take the Customer’s wishes into consideration as much as possible. The Contractor undertakes to perform the agreed order to the best of its ability and expertise in accordance with the requirements of good craftsmanship. An obligation will not, under any circumstances, be deemed to constitute a feasible outcome.
  • The Contractor will be entitled to have certain activities performed by third parties, without notifying or receiving express permission from the Customer.

  • The Customer accepts that the Contractor is bound to adhere to the applicable Code of Conduct and Professional Rules in the performance of the activities.
  • If, by virtue of its legal duties during the duration of the agreement, the Contractor has performed activities on behalf of the profession or company of the Customer which do not fall under the activities to which the agreement pertains, the Contractor will be entitled to charge the Customer for these activities, even if the Customer has not explicitly granted advance permission to perform said activities.
  • Because the Contractor relies in part on the cooperation and quality of information it receives from the Customer for the performance of its work, any times by which activities are to be completed that may be included in the agreement will only be provided as approximations and never as binding deadlines. Missing such a deadline will thus not be deemed an attributable shortcoming on the part of the Contractor and will thus not be grounds for dissolving the agreement. If it should prove impossible for the Contractor to perform the order by such a deadline, the parties shall confer about extending the time for which the agreement has been entered. Missing a newly agreed, reasonable deadline will on the other hand constitute grounds for the Customer to dissolve the agreement, except in cases of force majeure. The Customer is not entitled to claim damages because of a missed deadline
  • If the activities of Customer yield indications of fraud, the Contractor shall report this to the Customer. The Contractor will be bound by the fraud guidelines issued by the Government.
  • The Contractor shall keep a working file on the performance of the activities that includes copies of all relevant documents, which file will be the property of the Contractor. If and in so far as the Customer so requests, the documents made available will be returned after the activities for the performance of the relevant order have been completed.


  • Except for obligations to disclose certain information that the law or competent government bodies impose, parties will be obligated to observe confidentiality towards third parties not involved in the performance of the order regarding all information of a confidential nature that the Customer and/or Contractor has made available and regarding the results obtained from processing said information.
  • After processing obtained numeric outcomes, the Contractor will be entitled to use such outcomes for statistical or comparable purposes, provided those outcomes cannot be traced back to individual customers. The Contractor will also be entitled to state in general terms the activities performed to the Contractor’s customers or prospects as an indication of the Contractor’s experience.
  • Unless the Customer has provided written permission and except for the provision in the preceding subsections, the Contractor will not be entitled to use the information made available by the Customer for any purpose other than the one for which it was obtained. An exception will be made to this in the event the Contractor testifies for itself in a disciplinary, civil or criminal case in which this can be of importance.


  • The Contractor reserves all rights with respect to intellectual products it uses or has used and/or developed while executing the agreement with the Customer if and in so far as those rights can exist in a legal sense or be established.
  • The Customer is expressly prohibited from providing those products, which will be deemed to include but not be limited to computer programs, system designs, working methods, recommendations, contracts, sample contracts and other intellectual products, whether or not with the aid of third parties, to third parties, from reproducing them, disclosing them or commercializing them. The Contractor grants the Customer a non- exclusive, non-transferable license to reproduce and disclose documents obtained in the course of performing the order for use in its own organization, in so far as this corresponds with the aim for which the order is granted.


  • Each party shall comply with its respective obligations under the Dutch Personal Data Protection Act (“Wet Bescherming Persoonsgegevens”, hereafter: WBP) in relation to all Personal Data, that is processed by it in the course of performing its obligations under this agreement, including by maintaining a valid and up to notification pursuant to article 27 of the WBP.
  • Contractor shall only process the Personal Data reasonably required in relation with the performance of the Agreed Services, and shall not transfer any Personal Data to any country or territory outside of the European Economic Area without the prior written consent of Customer. Contractor shall comply with any reasonable procedures or processes notified to Contractor by Customer with respect to Personal Data from time to time.
  • Unless Customer requires in writing otherwise, Contractor shall not disclose Personal Data to any Third Parties other than:
    • to Subcontractors (including legal advisers and auditors) to whom that disclosure is necessary for performance of this agreement; or
    • to the extent required by any tax authority, Regulator or a court of competent jurisdiction where such disclosure can’t reasonably be withheld.
  • If a written request is made by a data subject for access to any relevant Personal Data, Contractor shall immediately notify Customer (if the request has been directed to Contractor) and, subject to any other instructions by Customer, shall provide details of the Personal Data held by it in relation to that person within 10 calendar days after its receipt of the request for that Personal Data.


  • If, due to force majeure or other extraordinary circumstances, the Contractor is unable to meet its obligations by virtue of the agreement in a timely fashion, the Contractor is entitled to discontinue meeting its contractual obligations until such time that the Contractor is in fact able to meet these obligations without the Contractor being in default in respect of meeting its obligations and without the Contractor being able to be required to pay any damages.
  • If fulfillment is not possible within a reasonable period, the Contractor will be entitled to dissolve the agreement in full or in part with immediate effect. It is up to the sole discretion of the Contractor whether order fulfillment can still take place. In the afore mentioned instance, the Contractor reserves the claim for payment for activities performed to that point, and the Contractor undertakes to make the provisional results of the activities performed thus far available to the Customer. In so far as this entails extra expenses, those expenses will be charged.
  • Force majeure or other extraordinary circumstances which can impede the Contractor’s fulfillment (at least temporarily) will be deemed to include illness or absence of staff of the Contractor and/or its Subcontractor, technical malfunctions in the telephone system or connections, or technical malfunctions of computer equipment.


  • The Contractor will never be liable for damage caused by:
    • The Customer incorrectly and/or incompletely informing the Contractor;
    • Activities that have been delegated to third parties in consultation with the Customer not being performed or being performed improperly or late;
    • Non-receipt, damage or late receipt by the Contractor of Items handed over for delivery;
    • The Customer not allowing the Contractor to rectify the activities performed in the Contractor’s reasonable judgment;
    • The Contractor ceasing to perform the order and/or providing information to third parties on the grounds of legal regulations to which the Contractor is subject;
    • For Items that do not comply with the dimensional and weight regulations and/or for untrue or fraudulent statements;
  • The Contractor will be solely liable for deficiencies in the performance of the order in so far as these are the result of a conscious act or gross negligence in the performance by the Contractor. Liability for performances made by third parties as well as subcontractors are expressly excluded as well as liability for indirect damage, consequential damage, intangible damage and corporate and environmental damage is also expressly excluded.
  • For damage that arises as a result of a circumstance referred to in the previous subsection, the Contractor will be liable at most for the amount of the fee that the Contractor has charged for its work as part of the order.
  • Orders that have a longer duration than 12 months will be subject to a restriction on the liability referred to here, to a maximum of the amount claimed for the last twelve (12) months counting back from the time that the Contractor was held liable. In any case, the Contractor’s liability will be restricted to a maximum amount of EUR 5.000 (in words: “FIVE THOUSAND EURO”) per instance of damage. A series of events giving rise to loss will be deemed to constitute a single event/instance of damage for the purposes of applying this article.
  • Neither the Contractor nor third parties engaged by the Contractor will be liable for damage that the Customer should incur during application of or use of the results of the activities, unless there is a conscious act or gross negligence on the part of the Contractor or its used third parties.
  • The Customer shall indemnify the Contractor against third-party claims in connection with the performance of the agreement and/or an obligation to which the Contractor is subject by virtue of law and/or its professional rules to discontinue the order and/or to provide information to third parties.
  • The Customer shall indemnify the Contractor for claims by persons used and/or engaged by the Contractor in the performance of the agreement who are located on the Customer’s premises in connection with the performance and/or for damage incurred by third parties in respect thereof on those premises.
  • The Customer will be liable for damage it incurs and/or Contactor may incurs and indemnifies the Contractor against damage, including any interest and penalties that the Contractor may incur as a result of claims by the Customs & Tax Authorities.


  • The Parties expressly acknowledge that they may be subject to the anti-corruption provisions contained in international treaties, the U.S. Foreign Corrupt Practices Act (hereinafter, the “FCPA”), and in any other applicable anti-corruption laws of any other country, prohibiting gifts (or any other accommodation of value) between commercial organization and those to the state and municipal officials in connection with their position or in connection with their performance of official duties. Consequently, Contractor undertakes to conduct its activities in strict accordance with such laws, and to assist and support the Customer in complying with all applicable laws.
  • Contractor agrees to inform all of its employees, officers, partners, consultants, agents, contractors, subcontractors, and representatives of this obligation with respect to the Customer, and to take all necessary steps to see to it that the aforementioned persons comply with this obligation.
  • The payments indicated above shall be deemed prohibited payments. The parties expressly agree that they shall not make any prohibited payments in connection with the performance of this Agreement.
  • Without limiting the generality of the foregoing, Contractor makes the following representations in terms of compliance with FCPA and anticorruption law requirements.
  • Contractor has not taken and will not take any action that would cause Contractor or Customer to violate the FCPA.
  • Contractor warrants that, in connection with this Agreement, it has not paid or offered to pay, and will not pay or offer to pay money or anything of value to officials of any non-U.S. government agency for the purpose of: (i) obtaining or retaining business, or securing any improper advantage, on the Customer’s behalf; (ii) influencing such officials to take any action or decision in their official capacity in the interests of the Customer; (iii) inducing such officials to use their influence with a government agency of structure to affect any act or decision of the government agency or structure, in the interests of the Customer.
  • Contractor represents and certifies that it does not have any information or reason to believe that any consultant, agent, contractor, subcontractor or representative retained by Contractor in connection with the services to be rendered by Contractor to the Customer has violated or caused Contractor or Customer to violate the FCPA.
  • Contractor certifies that, if it learns of, or has reason to believe there has occurred, any violation of the FCPA or the provisions of its local anti- corruption laws in connection with the importation, distribution, and/or sale of the Customer’s products, it shall immediately advise the Customer of such.


  • Payment of the amount invoiced to the Customer must be made without deduction, discount or debt set-off as set in the payment terms in the contract or the invoice, in the currency indicated on the invoice, by means of deposits payable to a bank account to be specified by the Contractor.
  • Where all import duties, VAT on Items and all other charges levied on the shipment shall be paid by the Customer upon delivery of the shipment by Customer without deduction, discount or debt set-off as set in the payment terms in the contract or invoice, in the currency indicated on the fiscal statement, by means of deposits payable to a bank account to be specified by the Contractor.
  • If the Customer has not made payment within the period specified in the above subsection or, in deviation therefrom within a period agreed upon in writing between parties, the Customer will be immediately deemed in default upon expiration of that period. In that case, the Customer shall owe legal interest in the sense of Article 6:119 of the Civil Code from the date when the owed amount fell due until the time of payment of the amount owed, or subject to Article 119 a of the Civil Code if the agreement is a trade agreement, without a more specific summons or notice of default being required.
  • All costs of extrajudicial and legal collection of the claim will be for the Customer’s expense.
  • If the Customer enters into an agreement with two or more persons/legal entities and/or companies, each of these persons/entities and/or companies will be separately liable for the full fulfillment of all commitments that ensue from the agreement between them.
  • If the Contractor so requests, the Customer will be required to pay the Contractor an advance to be determined reasonably. If the Contractor has requested a reasonable advance, the Contractor will be entitled to discontinue its activities until the Customer has paid the Contractor the requested advance, or has provided a deposit therefore.
  • The Contractor will be entitled to demand that the Customer provide this deposit or supplemental deposit for payment in a form to be determined by the Contractor. If the Customer fails to provide the requested deposit, the Contractor will be entitled, without prejudice to its other rights, to discontinue immediately the further performance of the order and everything the Customer owes the Contractor by any virtue whatsoever will become immediately payable.
  • If the Customer cancels an agreement in full or in part after an agreement has been entered into, fifteen per cent (15%) of the price stated in the offer will be charged as cancellation fees, without prejudice to the Contractor’s right to demand payment of full damages from the Customer. 
  • Each amount stated as payable by Customer under this Agreement is exclusive of VAT (if any) and is to be construed as a reference to that amount plus any VAT in respect of it.


  • Complaints with respect to the performed activities, dimensional and weight, an invoice sent, and/or fiscal statement sent must be submitted to the Contractor in writing within fourteen days after the sending date of the documents and/or invoice to which the complaint pertains. If the Customer proves that it could not have reasonably discovered the deficiency sooner, a complaint must be submitted in writing to the Contractor within fourteen (14) days of discovery of the deficiency. If the Customer has not complained within the aforementioned periods, the Customer will lose any rights regarding deficiencies in activities and/or invoice not reported in a timely fashion.
  • A complaint as referred to in the previous subsection will not release the Customer from its payment obligations. In that case, the Customer will not be entitled either to suspend or refuse payment for other services provided by the Contractor.
  • In the event of a justified complaint submitted, the Contractor will be able to choose between adjusting the fee charged, improving or redoing the rejected activities at no charge, or discontinuing the completion of all or part of the order in exchange for restitution proportionate to the fee already paid by the Customer.


  • Dutch law will apply to all offers, activities and agreements, including supplements thereto, between the Customer and Contractor, and the execution thereof and to these general Terms and Conditions themselves
  • All disputes ensuing from or connected with an agreement with a Customer to whom these general Terms and Conditions apply, or the relevant terms and conditions and their interpretation or execution, both in a factual and legal sense, will be subject to the decision of the competent court of the Court of Haarlem.