"5. Rights and Obligations of the CLIENT
5.1. The CLIENT undertakes to provide the WAREHOUSE with shipping and other necessary documents containing accurate information about the cargo, enabling the identification of goods placed in the free or customs warehouse in accordance with the current customs legislation. The responsibility for the completeness and accuracy of the information provided to the WAREHOUSE lies with the CLIENT.
5.2. The CLIENT is unconditionally responsible to the customs authorities for the payment of customs duties and fees for the goods placed in the customs warehouse.
5.3. In the event of discrepancies in the weight and quantity of the CLIENT's cargo (as determined upon receipt of the cargo) from the information stated in the shipping documents, the responsibility for resolving such discrepancies with the customs authorities, including payment of customs duties and fines, lies with the CLIENT. If the WAREHOUSE is held liable due to these circumstances or other circumstances arising due to the CLIENT's fault, the CLIENT reimburses the WAREHOUSE the amount of administrative fines.
5.4. The CLIENT undertakes to promptly inform the WAREHOUSE of circumstances that may affect or could affect customs clearance, storage deadlines, or conditions of goods.
5.5. The CLIENT agrees to pay the WAREHOUSE for the services in accordance with the invoices issued to the CLIENT. Termination of this Agreement does not exempt the CLIENT from the obligation to pay for the services and costs incurred by the WAREHOUSE related to the storage, handling, and processing of the CLIENT's goods.
5.6. The CLIENT declares that the goods transferred for storage under this Agreement do not possess any hazardous properties, including elevated radiation levels.
5.7. In the event of the application of customs regimes such as destruction of goods, abandonment of goods to the state, detention, or confiscation by the customs authorities regarding the CLIENT's goods placed in the customs warehouse, the CLIENT undertakes to fully reimburse the WAREHOUSE for the expenses and losses incurred in connection with this. The agreement on the amount and deadline for reimbursement of such expenses and losses is formalized by an Additional Agreement to this Agreement.
5.8. The CLIENT must inform the WAREHOUSE in advance about the properties of the goods placed in storage and the requirements for the storage of goods with special properties. If the CLIENT did not inform about this, the WAREHOUSE is not responsible for the spoilage of the goods and the loss of consumer properties due to storing the goods in a place not intended for such types of cargo storage.
5.9. The CLIENT declares and confirms that they are familiar with all obligations imposed on them by customs legislation.
5.10 The CLIENT, as well as their authorized representatives, have the right to access their goods stored in the warehouse for inspection, measurement, labeling, additional packaging, as well as assembly work or other related operations (if it does not violate customs or technological storage mode). These actions are possible during the warehouse's working hours or – in specific cases – at other times upon additional agreement.
Rights and Obligations of the WAREHOUSE
6.1. The WAREHOUSE accepts and places goods for storage in the areas:
customs warehouse / for goods with status N;
free warehouse / for goods with status C.
6.2. If it is impossible to place the cargo in storage due to lack of available space, the WAREHOUSE reserves the right to refuse acceptance of the cargo and provision of storage services.
6.3. The WAREHOUSE carries out loading and unloading operations, acceptance/delivery, processing, accounting, and storage of the CLIENT's goods in accordance with the tariffs specified in Appendix No. 1 to this Agreement.
6.4. The WAREHOUSE is obligated to ensure the safety of the goods in storage.
6.5. The WAREHOUSE is not responsible for the loss, shortage, or damage of the CLIENT's goods resulting from actions or omissions of the seller, sender, carrier, buyer, or recipient of the goods; deficiencies in packaging or packaging; delivery of goods to the warehouse without indicating their special properties in the accompanying documents, requiring special conditions or precautions during storage, loading-unloading, processing.
6.6. The WAREHOUSE has the unilateral right to terminate this Agreement in case of the CLIENT's breach of obligations. In this case, the WAREHOUSE sends a notice of contract termination to the CLIENT via email. The contract is considered terminated from the date specified in the notice. In case of contract termination, the CLIENT is obliged to remove the goods from the warehouse within a 10-day period from the date of contract termination, unless otherwise agreed.
6.7. The WAREHOUSE has the right to withhold the CLIENT's goods in case of overdue payments for the WAREHOUSE services for more than 1 month. In case of overdue payments by the CLIENT to the WAREHOUSE for more than 3 months, the WAREHOUSE has the right to sell the CLIENT's goods through the auction platform osta.ee with a starting price of 1.00 euro to cover the losses and incurred penalty sanctions.
6.8. The WAREHOUSE has the right to limit the quantity of the CLIENT's goods accepted. This right is due to the availability and plans for the use of areas in the customs control zone. Quantitative restrictions are agreed upon in writing by the WAREHOUSE and communicated to the CLIENT."