https://www.ng-terminal.com is operated by NG Terminal Ltd (“We / Our / Us / Company”). We are registered in England and Wales, at Unit 5 Nexus Close, Off Central Way, Feltham, TW14 0AF, UK, Company Registration Number: 11070333

Important
The Terms and Conditions set out below will apply to the Contract made between us and will be binding upon you. Please read through these Terms and Conditions thoroughly as it is important that you understand the terms. Please Contact Us if you have any questions and do not proceed to make any payments in respect of your shipment.

If you feel that Our Service has fallen below the standard you expected or you have a complaint regarding the Services, please see clause 16 below for further information.

The Services provided by us via the website will be completed within 14 days of any Consignment being notified to you. By making any payment via our website or requesting that we provide Services to you within this period, you acknowledge that you will be waiving / forfeiting / losing any right to cancel the Contract after we have provided the Services to you.

If you are a consumer, you may have legal rights in addition to the rights set out in these terms and conditions. Advice about your legal rights is available from your local Citizen’s Advice Bureau or Trading Standards office. Nothing in these Terms and Conditions will affect these legal rights.

Terms and Conditions
1.    Definitions
References to “you” or “your” in these Terms and Conditions are to you as a user of the Services

1.1     “Charges” means the sum due to Us in consideration for providing and making the Services available to you and specified on the website on entry of the Tracking Number and Reference Number.

1.2     “Consignment” means the items dispatched to you by the Shipper.

1.3     “Contract” means the contract between you and Us for the provision of the Services on the basis of these Terms and Conditions.

1.4     “Duty” means such fees, taxes, duties, levies or charges imposed by HMRC in relation to the importation of the Consignment into the United Kingdom.

1.5     “HMRC” means Her Majesty’s Revenue and Customs or such other like statutory agency responsible for the collection of Duty in the United Kingdom from time to time.

1.6     “Payment Provider” our designated payment provider which, at the date of this Contract, is GlobalPay.

1.7     “Privacy Policy” means Our privacy policy which can be viewed on our terms concerning GDPR

1.8     “Shipper” means a third party person or agent who’s responsible for the dispatch and delivery of the Consignment to you.

1.9     “Services” means the provision and administration of customs clearance services in relation to Consignments (as more particularly described on Our Website) plus and other services that We make available to users of the website from time to time.

1.10  “Terms and Conditions” means these terms and conditions relating to the provision of the Services.

1.11  “Website” means, for the purposes of these Terms and Conditions, https://www.ng-terminal.com or any mobile application provided by Us in relation to the Services.

1.12  “Customs Broker” means NG Terminal Ltd whose company registration number 11070333, registered at 20-22 Wenlock Road, London, England, N1 7GU, UK.

2.    Important information about these Terms and Conditions
2.1    These Terms and Conditions relate to the Services that We make available via our online portal. Please read these Terms and Conditions carefully and make sure that you understand them before complete any Services on Our Website.

2.2    Our Contract with you is governed by the terms set out in these Terms and Conditions.

2.3    We intend to rely on these Terms and Conditions and it is Our intention that you will be legally bound by them when you use Our Services.

2.4    We recommend that you print or save a copy of these Terms and Conditions for future reference.

2.5    We amend these Terms and Conditions from time to time. Every time you wish to pay for a Service, please check these Terms and Conditions to ensure you understand the terms, which will apply at that time.

3.    Terms of Service and Our Role
3.1   We are a payment and import documentation collection agent appointed by your Consignment’s shipping agent and their duly appointed customs clearance broker. As such, we are responsible only for administering the payment of Duty and other import tax, documentation due by you in respect of any Consignment and based upon the information provided to us by the applicable shipping agent or their authorised representatives.

3.2   Although in our facility we have access to or possession of the Consignments which remain under the custody and control of the Shipper and their authorised representatives, we cannot intercept the delivery option or take direct handling instruction unless it’s related to customs declaration. For other handling instruction please contact your Shipper.

4.    Signing Up
4.1     When you access Our Website either voluntarily or upon receipt of any correspondence from Us, you will be required to accept these Terms and Conditions before the Service may be used.

4.2    In order to use the Services, you may be required to provide your full name, a valid e-mail address and/or a secure password. You may also be required to validate your account before entry to Our Website can be permitted.

4.3   Where you access Our Website on receipt of an e-mail from Us or a Shipper advising that a Consignment has been received by us, you should follow the appropriate link and directions in order to use the Services.

5.    Using NG Terminal Online Service
5.1     Upon receipt of a Consignment into the United Kingdom, we will:

5.1.1     notify you by secure e-mail that your Consignment is going through a UK Customs Declaration process;

5.1.2     notify you the tracking number and reference number for your Consignment

5.1.3     provide details of all Duty due from you in relation to the relevant Consignment.

5.1.4     provide details of all required documents from you in relation to the relevant Consignment

5.2   All information provided in relation to the Consignment is provided to Us by the Shipper and therefore we cannot accept any responsibility for its accuracy. In the event that there is any dispute as to the customs declaration instruction based upon the Consignment data provided to us, please follow the instruction on our website to notify Us regarding the clearance instruction change request.

5.3   The Shipper and/or the Customs Broker will hold the Consignment in their storage centre until such time as all necessary Duty is paid and all required documents are validated in relation to the relevant Consignment. During such time the Consignment shall remain at the Shippers risk. In the event that there is any defect or damage to the Consignment after its delivery, you should contact the Shipper or the Customs Broker within 24 hours.

5.4   Upon confirmation from the Payment Provider that the necessary Duty has been successfully paid in full in accordance with clause 7 and all required documents required are validated by the Customs Broker:

5.4.1       you will receive an e-mail from Us confirming that your payment has been successfully processed; and

5.4.2       We will confirm payment to the Shipper and the Customs Broker; and

5.4.3       We will advise the Shipper and the Customs Broker that the relevant Consignment may be released to you. Delivery of the Consignment will be made by the Shipper and/or the Customs Broker in accordance with the agreed delivery instructions.

5.5   For the avoidance of doubt, where payment of relevant Duty is not made in accordance with clause 8 or the required documents are not validated by the Customs Broker, you will not be eligible to take delivery of the relevant Consignment.

6.    Your obligations
6.1     Under these Terms and Conditions you are responsible for:

6.1.1  Providing all of the information We may reasonably require or request in order to perform Our obligations under the Contract or in relation to the Consignment;

6.1.2    Ensuring that all the information you provide is true, accurate and not misleading to the best of your knowledge and belief;

6.1.3    Notifying Us immediately in the event of any change which renders the information you have provided inaccurate, untrue or misleading including but not limited to the Consignment or the tax status of the Consignment;

6.1.4     Paying the Duty and Charges in accordance with clause 7.

7.    Payment of Duty, charges and refunds
7.1   The Duty payable by you is calculated and supplied to Us by the Shipper or the appointed Customs Broker. We are unable to accept liability or responsibility for any incorrect information supplied to us in relation to your Consignment and therefore request that where you believe information to be incorrect, that you contact the Shipper in the first instance.

7.2   The Duty payable and Charges in respect of the relevant Consignment and Services provided by us will be specified and confirmed to you on entry of the tracking number and reference number in the relevant section of Our Website. Please contact Us if you have any questions about the Duty or Charges or any required documentation.

7.3   Payments made via Our Website are administered and managed the Payment Provider and you will be re-directed to the Payment Provider’s secure payment portal by clicking on the appropriate links in Our Website.

7.4   Once any payment is made with the Payment Provider, the Payment Provider will transfer the Charges to Us directly. These sums will have been specified on the website as described above.

7.5   All payments undertaken via the website will be subject to the Payment Provider’s own terms and conditions. Before making any payment through the website or with the Payment Provider, we strongly recommend that you read and understand any applicable terms that are applied or highlighted by the Payment Provider.

7.6   Whilst we take every step to monitor and ensure the quality of the Payment Provider, you accept by processing your payment via the website that the Payment Provider is a third party organisation and therefore we are unable to accept responsibility or liability for the Payment Providers actions or failings.

7.7   Once a payment has been made, all Charges are non-refundable and therefore we ask that you ensure all details are correct before your payment is processed.

7.8   In the event of NGT having to provide a bank transfer refund of a payment which was not our fault, there will be a charge of £20.00 taken form the amount to cover our costs.

8.    Service limitations
8.1   The Services are subject to the limitations set out in this clause 8.

8.2    The Services will not be provided if you are unable to demonstrate to Our reasonable satisfaction that you are the owner of the relevant Consignment or you have the permission of the owner of the relevant Consignment to request that the Services be performed in respect of it.

8.3    We reserve the right to conduct all searches and checks which We deem to be necessary, appropriate and / or desirable, including but not limited to, reviews of anti-money laundering, fraud prevention, HMRC or police records.

9.    Changes to terms
9.1    We may vary these Terms and Conditions in the following circumstances:

9.1.1   Changes in relevant laws and regulatory requirements;

9.1.2    Where the identity of our Payment Provider changes;

9.1.3    Where there is an error in the relevant which has resulted from any errors in Our system or any other accidental mistake or where We have been provided with incorrect or inaccurate information by a third party; and / or

9.1.4     Where the information you have provided is incorrect or inaccurate.

9.2   Every time you order Services from Us, the Terms and Conditions in force at that time will apply to the Contract between you and Us.

10.      Your rights to cancel
10.1      You may cancel this Contract at any time by rejecting the contract through our online portal

10.2     Please note that where you ask that we provide the Services to you and either use the website for the purposes of making a payment to a Payment Provider (as per clause 7) within 14 days of accessing on the website or receiving a tracking number from us, you will not be entitled to cancel the Contract.

10.3       Please note that all payments of Duty and other Charges are strictly non-refundable.

11.       Our rights to cancel
11.1     We reserve the right to cancel the Contract, where:

11.1.1     A Consignment due to you is impounded, seized or confiscated by HMRC or any other government body or law enforcement agency for any reason.

11.1.2      your payment of the Charges and Duty are declined by the Payment Provider and no alternate payment is made within 10 days;

11.1.3      the Consignment is recalled by the Shipper or where you arrange for the Consignment to be returned to the Shipper;

11.1.4      you fail to pay the relevant duty in relation to any Consignment within 10 working days from the date on which we notify you about this Consignment;

11.1.5      you break the Contract in any other material way and you do not correct or fix the situation within 5 (five) days of Us asking you to in writing or through our online portal; or

11.1.6      you fail to provide required documentation in order to validate the customs declaration instruction

11.1.7      An Event Outside Our Control continues for 14 (fourteen) consecutive days or more.

11.2      In the event that We exercise Our right to cancel the Contract under this clause 11 We will notify you of Our decision in writing by emailing you at the email address you have provided and where you have not provided Us with an email address We will either contact you by telephone at your last known telephone number or write to you at your last known address.

11.3       Our right to cancel this Contract is without prejudice to any other rights or remedies that may be available to Us under these Terms and Conditions or at law.

12.    Our liability to you
12.1   If you are a consumer, you may have legal rights in addition to the rights set out in these terms and conditions. Advice about your legal rights is available from your local Citizen’s Advice Bureau or Trading Standards office. Nothing in these terms and conditions will affect these legal rights.

12.2  If you are a private consumer, this clause will apply: If We fail to comply with these Terms and Conditions, We are responsible for loss or damage you suffer that is a foreseeable result of Our particular breach of the Terms and Conditions or Our negligence, but We are not responsible for any loss or damage that is not foreseeable. Loss or damage is considered to be foreseeable if it was an obvious consequence of our breach or if they were contemplated by you and Us at the time we entered into this Contract.

12.3  If you are a business customer, this clause will apply: If we fail to comply with these Terms and Conditions, our liability under the Contract shall be limited, in aggregate, to the higher of five times the payment paid by you or £500.00 whichever is lower.

12.4  We have no liability to you for:

12.4.1    any loss of profit;

12.4.2     loss of business;

12.4.3     business interruption;

12.4.4      loss of business opportunity;

12.4.5      the actions or failures of Shippers or their agents (including the Customs Broker) in relation to any Consignment;

12.4.6       the incorrect calculation of Duty by a Shipper or their agents (including the Customs Broker);

12.4.7       indirect loss; or

12.4.8      consequential loss.

12.5         We do not exclude or limit in any way Our liability for:

12.5.1       death or personal injury caused by Our negligence or the negligence of Our employees, agents or subcontractors;

12.5.2        fraud or fraudulent misrepresentation; and

12.5.3        any other matter which it would be illegal for Us to exclude or limit Our liability for.

13.       Privacy of your Data
13.1      We take your privacy very seriously and We comply with the relevant provisions of UK data protection legislation.

13.2     We will use any information given to Us by you or collected by Us during and the provision of the Services only in accordance with Our Privacy Policy or GDPR which is available at https://www.ng-terminal.com

13.3      Please be aware that We may record telephone calls you make to Our call centres for training, audit and quality purposes.

14.      Events Outside Our Control
14.1            We will not be liable or responsible for any failure to perform, or delay in performance of, any of Our obligations under these Terms and Conditions that is caused by an Event Outside Our Control.

14.2            If an Event Outside Our Control takes place that affects the performance of Our obligations under these Terms and Conditions:

14.2.1          We will contact you as soon as reasonably possible to notify you; and

14.2.2         Our obligations under these Terms and Conditions will be suspended and the time for performance of Our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects Our performance of Services to you, We will restart the Services as soon as reasonably possible after the Event Outside Our Control is over.

14.3       you may cancel the Contract if an Event Outside Our Control takes place and you no longer wish Us to provide the Services. Please see your cancellation rights under clause 10.

14.4       We will only cancel the Contract if the Event Outside Our Control continues for 14 (fourteen) consecutive days or more in accordance with Our cancellation rights in clause 11.

15.     Communications between us
15.1     When we refer in these Terms and Conditions to “in writing”, this will include e-mail or our online portal.

15.2    If you wish to contact Us in writing for any reason, please contact Us using the details provided in clause 16.1.

15.3    If we have to contact you or give you notice in writing, We will do so by e-mail, online portal or by pre-paid post to the address you provide to Us in your order.

15.3.1     In proving the Service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.

15.3.2     The provisions of this clause shall not apply to the Service of any proceedings or other documents in any legal action.

16.    Complaints
16.1       We aim to provide you with a high level of Service at all times. However, there may be a time when you feel that our Service has fallen below the standard you expect.  If this is the case and you want to complain, we will do our best to try and resolve the situation.

Email:    support@ng-terminal.com

Post:      Unit 5, Nexus Close, North Feltham Trading Estate, Feltham, Middlesex, TW14 0AF, UK.

16.2       If we acknowledge your complaint, we will advise you who is dealing with it and when we expect to respond.  We aim to respond fully within 4 weeks.  However, if we are unable to provide a final response within this period we will write to you before this time and advise why we have not been able to offer a final response and how long we expect our investigations to take.

17.     Other important information
17.1       These Terms and Conditions are a contract between you and Us and form the entire agreement between Us. No-one except Us and you has any right to enforce these Terms and Conditions by virtue of the Contracts (Rights of Third Parties) Act 1999.

17.2       We may transfer Our rights and obligations under the Contract to another organisation, but this will not affect your rights or Our obligations under these Terms and Conditions and Conditions. We will notify you in writing or by posting it on Our Website if this happens.

17.3       You may only transfer your rights or your obligations under these Terms and Conditions to another person if we agree in writing.

17.4       We may sub-contract the provision of the Service to you, but where We do so, we will be responsible to you for the acts and omissions of such sub-contractors as if they were Our own.

17.5       If We fail to insist that you perform any of your obligations under these Terms and Conditions, or if We do not enforce Our rights against you, or if We delay in doing so, that will not mean that you do not have to comply with those obligations. If We do waive a default by you, We will only do so in writing, and that will not mean that We automatically waive any later default by you.

17.6       Each of the clauses (and sub-clauses) of these terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining clauses or sub-clauses (as appropriate) will remain in full force and effect.

17.7       All communications between Us will be conducted in the English language.

17.8       Any notices We send to you will be sent to the most recent e-mail address or postal address provided to Us by you.

17.9       If you are a consumer, please note that these terms are governed by English law. This means a contract for Services and any dispute or claim arising out of and / or in connection with it will be governed by English law. you and We both agree that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.

17.10   If you are not a consumer, any contract for Services and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.

17.11   If you are not a consumer, we both irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with any contract for Services or its subject matter or formation (including non-contractual disputes or claims).