Liability for increased duty
NCBFAA Section 6 (c).
Reliance on Information Furnished
(b) In preparing and submitting customs entries, export declarations, applications, documentation and/or export data to the United States and/or a third party, the Company relies on the correctness of all documentation, whether in written or electronic format, and all information furnished by Customer; Customer shall use reasonable care to insure the correctness of all such information and shall indemnify and hold the Company harmless from any and all claims asserted and/or liability or losses suffered by reason of the Customer's failure to disclose information or any incorrect or false statement by the Customer upon which the Company reasonably relied. The Customer agrees that the Customer has an affirmative non-delegable duty to disclose any and all information required to import, export or enter the goods.
NSAB Section 28
The customer has a duty to hold the freight forwarder harmless for damage or loss incurred by the freight forwarder
d)due to the errors committed by the customer the freight forwarder is obliged to pay duty or official taxes or to provide security.
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Peter Jones' Commentary:
The NCBFAA Conditions were formulated primarily for forwarders whose principal activity was as a customs broker. So this clause is very specific as to a customer's obligation and indemnity. Considering the heavy responsibilities put on customs brokers by the Custom Modernization Act, the clause makes a lot of sense.