Last Mile Terms & Conditions

Last Mile Terms & Conditions

1. Scope and Exceptions

1.1. These Last Mile Terms and Conditions (“LMTC”) govern the performance of all customs brokerage, Importer/Exporter of Record (IOR/EOR), DDP/DDU, temporary import or export, certification, and last-mile distribution operations (“Service”, “Services”) provided by Delta Global Solutions (“Forwarder”) within the territory of the Republic of Uzbekistan. These LMTC are deemed accepted by the Customer (“Customer”) upon the submission of any service request.

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1.2. Services provided by the Forwarder outside the jurisdiction of Uzbekistan are governed by the Freight Forwarding Terms and Conditions available on the Forwarder’s official website: cargopoint.one/freight-forwarding-terms-and-conditions.

1.3. In the event of inconsistency or conflict between these LMTC and local statutory laws, local laws take precedence over the LMTC.

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2. Definitions

2.1. “Cargo” - Any items, equipment, spare parts, or materials owned or controlled by the Customer for which the Forwarder executes customs formalities or associated services

2.2. “Customer” - Any legal entity or physical person entering into a service agreement with or issuing instructions to the Forwarder

2.3. “Importer” or “Declarant” - The statutory declarant of the Cargo designated under national legislation

2.4. “Duties and Taxes” - Statutory customs tariffs, excise taxes, value-added taxes (VAT), customs processing fees, surcharges, and mandatory regulatory assessments imposed by customs authorities

2.5. “UIN” or “IDN” - The Unique Identification Number of a foreign trade contract registered in the official state customs information system

2.6. “Third Party” - Any independent contractor, agent, or subcontractor engaged by the Forwarder to perform obligations under these LMTC

2.7. “SDR” - Special Drawing Rights, the international reserve asset unit defined by the International Monetary Fund

3. Forwarder as Agent and Operations Scope

3.1. Execution of Customs Operations. The Forwarder performs customs formalities as an agent on behalf of the Customer, providing advisory support and representing the Customer before the customs authorities of the Republic of Uzbekistan.

3.2. Engagement of Third Parties. The Forwarder may engage third parties, including customs brokers, carriers, and warehouse operators, to fulfill its contractual duties. The Forwarder will exercise due care in selecting and supervising such third parties.

3.3. Clearance Timelines Disclaimer. Specific timeframes for customs processing are governed by official regulations of the Republic of Uzbekistan. The Forwarder disclaims liability for delays resulting from decisions, inspections, or administrative processing by customs or other governmental authorities.

4. Customer Obligations and Information Accuracy

4.1. Provision of Information. The Customer undertakes to provide the Forwarder with accurate, complete, and timely documentation required for customs operations. Documents issued in foreign languages must be accompanied by certified translations into Uzbek or Russian.

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4.2. Mandatory Clearance Documentation. Each Service Order submitted by the Customer must include:

a. Transport documents (such as AWB, CMR or Bill of Lading);

b. Commercial Invoice containing seller and buyer details, minimum 6-digit HS codes, applicable Incoterms, transaction value, and a detailed cargo description;

c. Packing List indicating gross and net weights along with package dimensions;

d. Registered Foreign Trade Contract bearing valid UIN / IDN registration;

e. Certificate of Origin, technical datasheets, and product compliance documentation;

f. SWIFT payment receipts, freight invoices, and insurance certificates verifying the declared transaction value.

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4.3. Responsibility for Accurate Information. The Customer bears sole legal liability for the veracity, accuracy, and completeness of all submitted documentation, declared values, and technical descriptions. The Forwarder assumes no liability for customs delays, valuation challenges, fines or penalties as a result of incorrect information or faulty documentation provided by the Customer.

5. Principal Designation in Box 50 of Customs Declaration

5.1. Under applicable legislation and these LMTC, the authorized representative of the Importer will be designated as the Principal in Box 50 of the Customs Declaration as the party responsible for the accuracy of submitted data and documents.

5.2. Employees of the Forwarder will not be named in Box 50, unless formal IOR/EOR services are rendered pursuant to a separate written agreement.

6. Excluded Services and Operational Restrictions

6.1. Excluded Goods (Alcohol & Tobacco). In accordance with corporate compliance policies, the Forwarder does not handle Cargo containing alcohol or tobacco products, nor consignments consigned to or from entities engaged in the manufacture or distribution of such products.

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6.2. Restricted Industries. The Forwarder reserves the right to decline service for Cargo related to restricted or ethically sensitive industries, including adult entertainment materials and adult goods.

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6.3. Discretionary Service Refusal. The Forwarder reserves the right to refuse, suspend, or terminate service at its sole discretion based on internal compliance, risk assessment, ethical considerations, or operational constraints.

7. Sanctions Compliance

7.1. Global Sanctions Compliance. The Forwarder strictly adheres to international sanctions laws and will not participate in operations involving countries, entities, industries, or individuals targeted by UN, US, EU, UK, or other applicable sanctions regimes.

7.2. Customer Obligations & Indemnity. The Customer warrants compliance with all applicable trade sanctions regulations and agrees to provide end-user documentation upon request. The Customer will defend and indemnify the Forwarder against any liabilities, fines, or losses resulting from the Customer's failure to comply with sanctions laws.

8. Tariff Classification, Valuation Re-Assessments & Audits

8.1. Tariff Classification. Recommendations provided by the Forwarder regarding HS Code classifications are advisory only. Final classification authority rests exclusively with state customs agencies. Formal preliminary rulings on classification may be arranged upon request for an additional fee.

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8.2. Valuation Re-assessments. Customs entries are filed based on the declared CIF value. If customs authorities adjust the declared customs value using reference pricing or alternative assessment methods, the Customer remains exclusively liable for all resulting duty adjustments, taxes, interest, and penalties.

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8.3. Certificate of Origin Surcharges. Pursuant to Article 300-1 of the Customs Code of the Republic of Uzbekistan, failure to substantiate origin with a valid Certificate of Origin results in an automatic statutory duty surcharge of 5% to 20%. The Customer must furnish valid certificates or absorb all incurred surcharges.

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8.4. Post-Clearance Audits. The Customer acknowledges that customs authorities may conduct post-release audits up to three (3) years following cargo release. Any back-duties, administrative penalties, or adjustments resulting from such audits remain the sole responsibility of the Customer.

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9. Special Customs Regimes and Procedures

9.1. IOR/EOR Services Scope. Importer/Exporter of Record services are provided strictly for non-commercial cargo, such as warranty items, exhibition materials, commercial samples, or AOG spare parts, and may not be used for commercial resale imports.

9.2. Incomplete Customs Declarations (ND-40). Cargo released under incomplete declaration status (ND-40) may not be sold, utilized, or transferred until all non-tariff requirements are met and the entry is converted to full import status (IM-40) within the mandatory 60-calendar-day deadline.

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9.3. Breach of Conditional Exemptions. If Cargo subject to conditional statutory exemptions is sold, transferred, or re-exported in violation of regulatory requirements, the Customer will be solely liable for all retroactive duties, recycling levies, and penalties.

10. Customs Exemptions and Preferential Treatment

10.1. Notification of Exemptions. The Customer must notify the Forwarder in writing prior to customs clearance regarding any applicable tax exemptions, preferential tariffs, or special governmental decrees. The Forwarder is not obligated to independently verify exemption eligibility unless explicitly agreed in writing.

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10.2. The Customer will provide all supporting documentation necessary for claiming exemptions or preferential treatment well in advance of customs clearance. The Forwarder will not be liable for duties, penalties, or operational delays caused by the Customer’s failure to provide timely and valid exemption documentation.

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11. Settlement of Duties and Taxes

11.1. Prepayment of Duties & Taxes. The Forwarder will not advance funds for payment of duties or taxes on behalf of the Customer. The Customer will provide funds for all estimated duties and taxes within three (3) business days of service commencement. Any unexpended surplus will be refunded to the Customer or offset towards service fees upon final settlement.

11.2. Final Customs Charges. Total customs charges are determined per statutory calculation rules, including unknown origin surcharges under Article 300-1 of the Customs Code where applicable.

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12. Forwarder’s Rates and Payment Terms

12.1. Rates. Service charges are calculated in accordance with the agreed fee schedules and specified in the relevant invoices issued by the Forwarder.

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12.2. Payment Terms. The Customer will advance 50% of the total service fee within five (5) business days of invoice receipt and settle the remaining balance within ten (10) calendar days following tax invoice issuance.

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12.3. Unforeseen Expenses. The Customer will reimburse all substantiated ancillary expenses incurred by the Forwarder, including costs for storage, repacking, customs inspections, cargo destruction, or safety compliance measures.

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12.4. Bank Charges. Any bank charges on funds transfers will be fully absorbed by the remitting Party.

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12.5. Late Payment Interest. Overdue payments are subject to a late fee of 0.5% of the outstanding balance per day until full settlement is received.

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13. Limitation of Liability

Should the Forwarder be found liable for damages arising out of customs clearance operations, such liability shall be capped at five (5) times the service fee charged for the specific clearance operation concerned.

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14. Reasons for non-liability

The Forwarder will not be liable for losses or damages arising from:

a. Inaccurate, incomplete, or misleading information provided by the Customer;

b. Information withheld from the Forwarder by the Customer or its representatives;

c. Declared invoice values failing to satisfy valuation criteria set by customs authorities;

d. Cargo dispatched without prior approval of the Forwarder or accompanied by non-compliant documentation;

e. Failure by the Customer to fulfill statutory disclosure duties or cooperate with customs authorities;

f. Default by the Customer in paying applicable duties, taxes, or secondary charges;

g. Any breach by the Customer or its agents of these LMTC or applicable legal provisions.

15. Interest Rates and Opportunity Cost

Claims asserted by the Customer against the Forwarder will not accrue interest prior to a final court judgment, nor will the Customer seek recovery for indirect loss of opportunity or lost profit.

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16. Liability and Indemnification

16.1. Liability of the Parties under these LMTC is limited strictly to direct, actual, and documented financial damages, subject liability limitations under these LMTC.

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16.2. A breaching Party agrees to fully indemnify and hold harmless the non-breaching Party against all losses, expenses, penalties, and legal costs arising directly from such breach.

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16.3. The Forwarder disclaims all liability for:

a) Amendments or modifications to statutory customs laws and regulations;

b) Actions, holds, re-evaluations, or delays by customs authorities arising from Customer errors or documentation deficiencies;

c) Non-compliance with customs regime rules committed by the Customer following cargo release;

d) Losses stemming from legislative non-compliance occurring without the Forwarder’s direct fault;

e) Acts, omissions, defaults, or solvency of third parties (including carriers, warehousemen, or subcontractors) selected with reasonable care by the Forwarder.

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17. Presenting Claims and Dispute Resolution

17.1. Any claim by the Customer must be submitted in writing within five (5) business days following completion of the Services. The Forwarder will evaluate written claims within thirty (30) days of receipt, subject to prior settlement of all outstanding invoices. The time bar for bringing claims under these LMTC is one (1) year.

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17.2. Any dispute that cannot be settled amicably will be submitted to the exclusive jurisdiction of the Tashkent Inter-District Economic Court.

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18. Force Majeure

18.1. The Parties will not be responsible for delay in performance or non-performance (except for performance of payment obligations) caused by events beyond the Parties’ reasonable control (force-majeure circumstances - “FMC”).

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18.2. In the event of FMC, a Party notifies the other as soon as reasonably practicable and provides documentary evidence confirming the circumstances.

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18.3. The Parties will use commercially reasonable efforts to remove any consequences of FMC and resume performance under this Agreement as soon as reasonably practicable.

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19. Confidentiality

The Parties undertake to keep confidential all information of the other Party received within or in relation to the performance of the Services and to not disclose the information to a third party without the prior written consent of the other Party.

20. Notices and Information Exchange

Any notices, documents, reports and other information to be exchanged between the Parties under these LMTC will be in writing and will be deemed given if delivered personally or by sent by registered mail or email to the most recent address or email address notified to the other Party.

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21. Applicable Law and Jurisdiction

21.1. These LMTC will be governed by and construed in accordance with the laws of the Republic of Uzbekistan and applicable local and international conventions.

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21.2. In the event of a dispute arising out of or in connection with these LMTC, the Parties will strive to settle the dispute through good faith negotiations. If the dispute cannot be resolved through negotiation, the Parties submit the matter to the exclusive jurisdiction of the Tashkent Inter-District Economic Court.

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22. Severability

If a provision of these LMTC is or becomes illegal, invalid or unenforceable, this will not affect the validity or enforceability of any other provision of the LMTC.

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23. Compliance with Laws

The Parties agree to comply with all applicable local laws and international conventions governing customs clearance and trade compliance. In the event of a conflict between local statutes and mandatory international conventions, international conventions will prevail.

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