The Importer of Record Agreement is essential for organizations seeking to import goods into Australia without establishing a local business entity. This contract type is particularly relevant when companies need to ensure compliance with Australian customs regulations while outsourcing the complex responsibilities of importing. The agreement defines the appointment of an Importer of Record who takes legal responsibility for customs clearance, duty payments, GST compliance, and regulatory reporting. It typically includes detailed provisions for service scope, compliance requirements, liability allocation, and operational procedures. This document is crucial in the Australian market where strict import regulations and customs requirements necessitate clear definition of roles and responsibilities in international trade operations.
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1. Parties: Identification of the Importer of Record and the Client, including full legal names, registration details, and addresses
2. Background: Context of the agreement, including the Client's need for import services and the Importer's qualifications and authorizations
3. Definitions: Detailed definitions of key terms used throughout the agreement, including technical customs and import-related terminology
4. Appointment and Scope of Services: Formal appointment of the Importer of Record and detailed description of services to be provided
5. Importer's Obligations: Comprehensive list of the Importer's duties, including customs clearance, documentation, and compliance responsibilities
6. Client's Obligations: Client's responsibilities including information provision, cooperation, and payment obligations
7. Fees and Payment Terms: Detailed fee structure, payment schedules, and terms for additional charges
8. Compliance and Customs Requirements: Obligations regarding customs laws, import regulations, and other applicable legal requirements
9. Representations and Warranties: Statements of fact and promises made by both parties regarding their capacity and authority
10. Liability and Indemnification: Allocation of risks and responsibilities between parties, including indemnification provisions
11. Term and Termination: Duration of the agreement and circumstances under which it can be terminated
12. Confidentiality: Protection of confidential information exchanged during the course of the relationship
13. Dispute Resolution: Procedures for handling disputes, including jurisdiction and governing law
14. General Provisions: Standard legal provisions including notices, assignment, and entire agreement clauses
1. Insurance Requirements: Specific insurance obligations when handling high-value or sensitive goods
2. Intellectual Property: IP provisions when dealing with branded goods or licensed products
3. Force Majeure: Provisions for unforeseen circumstances affecting import operations
4. Data Protection: Specific provisions for handling personal or sensitive data when required
5. Customs Broker Appointment: Specific terms when the Importer needs to appoint customs brokers
6. Special Handling Requirements: Additional terms for dangerous goods or items requiring special treatment
7. Performance Metrics: Specific KPIs and service levels when required by the client
8. Bank Guarantee/Security: Financial security provisions for high-value transactions
1. Schedule 1 - Service Fee Schedule: Detailed breakdown of all fees, charges, and payment terms
2. Schedule 2 - Authorized Products: List of products covered under the agreement with their HS codes
3. Schedule 3 - Service Level Requirements: Detailed operational procedures and performance standards
4. Schedule 4 - Required Documentation: List of all required import documentation and formatting requirements
5. Schedule 5 - Contact Details: Key contacts and escalation matrix for both parties
6. Appendix A - Compliance Checklist: Detailed compliance requirements and verification procedures
7. Appendix B - Import Procedures: Step-by-step procedures for different types of imports
8. Appendix C - Emergency Procedures: Procedures for handling urgent situations or customs issues
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