9 Customs Clearance
9.1 You hereby appoint us and the Carrier as your agent solely for the purpose of clearing and entering the Package through customs and you hereby certify that we and the Carrier are the consignee for the purposes of designating a customs broker to perform customs clearances and entries. If any customs authority requires additional documentation for the purpose of confirming the import/export declaration or our customs clearance status it is your responsibility to provide the required documentation at your expense.
9.2 You certify that all statements and information you provide relating to the Package and the exportation and importation of the Package will be true and correct. You acknowledge that in the event that you make untrue or fraudulent statements about the Package you risk a civil claim and/or criminal prosecution the penalties for which include forfeiture and sale of your Package. To the extent that we or the Carrier may voluntarily assist you in completing the required customs and other formalities such assistance will be rendered at your sole risk. You agree to indemnify us and the Carrier, and to hold each of us harmless, from any claims that may be brought against us or the Carrier arising from the information you provide to us or the Carrier and any costs we or the Carrier incur regarding this.
9.3 In the case of Packages whose points of despatch and destination are both within the same customs area, the Carrier will only perform customs clearance if instructed to do so. You also agree that the Carrier may be considered as being the receiver of the Package for the sole purpose of appointing a customs broker to carry out any customs clearance, to the extent permitted by law.
9.4 We and/or the Carrier may refuse to accept Packages where a customs declaration is required but has not been made by you.
9.5 The payment of any charges arising out of obtaining customs clearance ("Customs Charges") in respect of a Package, whether incurred by the Carrier on your behalf, charged directly to you by the relevant customs authority or otherwise, shall be your responsibility. We and the Carrier reserve the right to delay delivery of any Package until such time as any Customs Charges are paid by you and, should we or the Carrier choose to exercise that right, we shall have no liability to you in respect of such a delay.
10 Refusal and Suspension of Carriage
If it comes to the attention of either us or the Carrier that any Package does not meet any of the restrictions or conditions set out in these terms and conditions, we or the Carrier may refuse to transport the Package (or any shipment of which it is a part) and, if carriage is in progress, we or the Carrier may suspend carriage and hold the Package to your order.
11 Proceeds of Sale
The proceeds of any sale of a Package pursuant to any provision of these terms and conditions shall first be applied to any charges, costs or expenses and other amounts (including interest) outstanding in respect of the Package or otherwise due from you to us or the Carrier. Any balance shall be held to your order, but may be applied against amounts subsequently incurred by you to us or the relevant Carrier.
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