Digital Customs Invoice Terms and Conditions

1. Introduction and Scope

These Digital Customs Invoice Terms and Conditions ("Terms") govern your use of Autobarn East Africa's digital customs invoice generation and submission services for vehicle transport and related goods. These services facilitate the electronic preparation and submission of customs documentation required for the movement of vehicles and goods across borders within East Africa and internationally.

By accessing or using our Digital Customs Invoice service, you agree to be bound by these Terms. If you do not agree, please do not use this service.

2. Service Description

Our Digital Customs Invoice service provides:

• Electronic generation of customs invoices and declarations
• Digital submission to Kenya Revenue Authority (KRA) and other relevant customs authorities
• Document storage and retrieval for your transport transactions
• Integration with vehicle transport booking systems
• Real-time status updates on customs clearance

This service is designed to streamline the customs documentation process for vehicle imports, exports, and transit movements through Kenyan ports and borders.

3. User Obligations and Responsibilities

When using the Digital Customs Invoice service, you agree to:

• Accuracy of Information: Provide complete, accurate, and truthful information for all customs declarations, including but not limited to:
  • Vehicle identification numbers (VIN/Chassis numbers)
  • Engine numbers and specifications
  • Accurate vehicle valuation and purchase price
  • Country of origin and export details
  • Importer and consignee information
  • Vehicle condition and year of manufacture
• Supporting Documentation: Upload and maintain all required supporting documents, including:
  • Original Bill of Lading or Air Waybill
  • Commercial Invoice or Proforma Invoice
  • Certificate of Title or Registration
  • Import Declaration Form (IDF)
  • Inspection certificates (where applicable)
  • Valid identification documents (ID/Passport/KRA PIN)
• Legal Ownership: Warrant that you are the legal owner of the vehicle or have explicit written authorization from the legal owner to import, export, or transit the vehicle.
• Compliance: Ensure that the vehicle complies with all Kenyan import regulations, including age restrictions, emission standards, and roadworthiness requirements.
• Prohibited Goods: Confirm that the vehicle does not contain any prohibited items, contraband, or undeclared modifications.

4. Prohibited Uses

You agree NOT to use the Digital Customs Invoice service to:

• Submit false, fraudulent, or misleading customs declarations
• Undervalue vehicles or goods to evade customs duties and taxes
• Misrepresent the country of origin to avoid trade restrictions or sanctions
• Import or export stolen vehicles or vehicles with altered identification numbers
• Circumvent import restrictions, age limits, or environmental regulations
• Use another person's identity or credentials without authorization
• Interfere with or disrupt the service's infrastructure or systems

5. Fees and Payment

• Service Fees: Autobarn East Africa charges a service fee for digital customs invoice preparation and submission. Current fees are displayed at the time of service request and are subject to change with prior notice.
• Government Duties and Taxes: You are solely responsible for payment of all customs duties, taxes, levies, and fees imposed by the Kenya Revenue Authority or other customs authorities. These amounts are separate from our service fees.
• Payment Terms: All fees must be paid in full before customs documents are submitted. We accept payment via bank transfer, mobile money (M-Pesa), or other approved methods.
• Non-Refundable: Service fees are non-refundable once customs documentation has been submitted to authorities, regardless of the outcome of the clearance process.

6. Data Protection and Privacy

• Confidentiality: We treat all information you provide as confidential and will only use it for customs clearance purposes and as required by law.
• Data Sharing: By using this service, you authorize us to share your information with:
  • Kenya Revenue Authority (KRA) and Kenya Ports Authority (KPA)
  • Other government agencies involved in customs clearance
  • Third-party service providers (e.g., clearing agents, surveyors) as necessary for service delivery
  • Legal authorities when required by law or court order
• Data Retention: We retain customs documentation for a minimum of 5 years as required by Kenyan law, after which it may be securely destroyed.
• Your Rights: You have the right to access, correct, or request deletion of your personal data in accordance with Kenya's Data Protection Act, 2019.

7. Limitation of Liability

To the maximum extent permitted by law:

• No Guarantee of Clearance: We do not guarantee that customs authorities will accept your declaration or release your vehicle. Final approval rests solely with the relevant customs authorities.
• User Responsibility: You are solely responsible for the accuracy of information provided. We are not liable for delays, penalties, seizures, or fines resulting from:
  • Inaccurate, incomplete, or false information provided by you
  • Changes in customs regulations or duty rates
  • System outages or technical issues with government customs platforms
  • Force majeure events (strikes, natural disasters, political unrest)
• Indirect Damages: We shall not be liable for any indirect, incidental, consequential, or punitive damages, including loss of profits, business interruption, or vehicle depreciation.
• Maximum Liability: Our total liability to you for any claim arising from this service shall not exceed the service fees paid by you for the specific transaction.

8. Customs Compliance and Legal Requirements

You acknowledge and agree that:

• Vehicle imports into Kenya are subject to the East African Community Customs Management Act and Kenya Revenue Authority regulations
• Vehicles older than 8 years from the year of first registration may be restricted or subject to additional requirements
• Right-hand drive vehicles are mandatory for import into Kenya
• All vehicles must undergo inspection and verification by authorized agencies
• Import duties, VAT, excise duty, and IDF fees must be paid before clearance
• Failure to comply with customs regulations may result in criminal prosecution under Kenyan law

9. Service Modifications and Termination

• Service Changes: We reserve the right to modify, suspend, or discontinue any aspect of the Digital Customs Invoice service at any time without prior notice.
• Account Suspension: We may suspend or terminate your access to the service if you violate these Terms, submit fraudulent information, or fail to pay required fees.
• Effect of Termination: Upon termination, you remain responsible for all outstanding fees and obligations. We will retain your customs documentation as required by law.

10. Intellectual Property

All software, systems, templates, and documentation used in the Digital Customs Invoice service are the proprietary property of Autobarn East Africa or its licensors and are protected by copyright and intellectual property laws. You are granted a limited, non-transferable license to use the service for your personal vehicle transport needs only.

11. Governing Law and Dispute Resolution

• Governing Law: These Terms shall be governed by and construed in accordance with the laws of the Republic of Kenya.
• Jurisdiction: Any disputes arising from these Terms or the use of our service shall be subject to the exclusive jurisdiction of the courts of Kenya.
• Amicable Resolution: We encourage parties to attempt to resolve disputes amicably through negotiation before pursuing legal action.

12. Amendments to These Terms

We may update these Terms from time to time to reflect changes in customs regulations, technology, or our business practices. Updated Terms will be posted on this page with a revised "Last Updated" date. Your continued use of the service after changes constitutes acceptance of the new Terms.

13. Contact Information

For questions, clarifications, or support regarding the Digital Customs Invoice service, please contact us:

• Company: Autobarn East Africa
• Email: info@autobarn-ea.com
• Phone: +254 112 666 555
• Office Hours: Monday - Sunday, 8:00 AM - 5:00 PM
• Physical Address: [Your Business Address]

14. Acknowledgment

By checking the acceptance box and using the Digital Customs Invoice service, you acknowledge that:

• You have read, understood, and agree to be bound by these Terms and Conditions
• You are legally authorized to import/export the vehicle(s) in question
• All information provided is true, accurate, and complete to the best of your knowledge
• You understand that false declarations may result in legal penalties under Kenyan law
• You authorize Autobarn East Africa to act on your behalf for document preparation and submission