HONG KONG CUSTOMS RISK GUARANTEE GUARANTEE
This guarantee is made and agreed this 15th day of August, 2020 by [Holder], herein referred to as the Holder.
WHEREAS, Holder, and [Company], herein referred to as the Company are entering into an agreement whereby [Company] agrees to use the services of Holder to facilitate the process for obtaining import/export licences, permits, customs and other related documents for Goods imported and/or exported in and out of the Peoples Republic of China and/or Hong Kong (PRC/HK).
WHEREAS, the Holder and Company both acknowledge that the authorization or consent of Hong Kong Customs (HK Customs/ Customs) may be necessary in order to validate, approve and/or release the Goods imported and/or exported.
NOW, THEREFORE, Holder and Company unconditionally guarantee to HK Customs that all the documents submitted by Company to HK Customs, including but not limited to Customs declaration, entry and release, payment for the import and/or export of the Goods and settling any Customs related liabilities arising from the import and/or export of the Goods, are complete, accurate, true and up-to-date.
Holder guarantees that should the terms of this guarantee not be fulfilled at any time, Holder will, at its own discretion and expense, provide satisfactory alternative security and/or alternative means of payment for any Customs liabilities, monetary and/or non-monetary, which, at the time of verification, have not been satisfied by Company and/or the corresponding documents.
In addition, Holder unconditionally guarantees the Company to co-operate with HK Customs so as to facilitate the process of obtaining import/export documents and to respond promptly to communications or enquiries from customs related authorities and/or their assigned persons in a timely manner.
This guarantee is in addition to any Company’s liability under the applicable laws to which the import/export of the Goods are subject.
The Holder further confirms that this guarantee will remain in force as long as the Goods are imported and/or exported.
The Holder further agrees that in the event of any breach of this Guarantee by the Holder, it shall be responsible for, and agrees to indemnify and hold harmless, the Company from and against any and all such losses, damages, costs and expenses, including but not limited to legal costs and attorney fees, arising out of the breach regardless of fault.
This guarantee shall be construed and enforced by the laws of the Hong Kong Special Administrative Region (“HKSAR”).
Signed:
Name: ______________________________
Date: ______________________________
