Quote:
I don't think you quite take my point.
First, has anyone ever ordered a tie and then engaged in a lengthy discussion of incoterms with the seller? I doubt it. On the contrary, the seller charges you shipping and you expect that the tie will arrive at your door. Sometimes, particularly careful sellers will say something about how taxes and duties are the responsibility of the buyer.
But the point that I am making is that the shipper has made a deal with delivery company to deliver your goods. So the contract is between the shipper and the delivery company. You might be a beneficiary of that contract but you are not a party to the contract.
So, if push comes to shove, I doubt that you are contractually obligated to pay the bill the delivery company sends you. There may well be other legal theories that the delivery company could invoke, especially to collect customs duties actually paid to the government. But, in a very real sense, I suspect the shipping companies know that they would have a tough time actually forcing you to pay their "clearance fees" and are just trying it on.
If you don't want to just ignore the bill, one trick you might try for fun is sending the delivery company an "accord and satisfaction" for just the actual customs duties. Check how to do this correctly in the appropriate jurisdiction.
Once again, none of this is legal advice. Do not rely on it for anything whatsoever in any jurisdiction anywhere in the world or its subsidiaries.
First, has anyone ever ordered a tie and then engaged in a lengthy discussion of incoterms with the seller? I doubt it. On the contrary, the seller charges you shipping and you expect that the tie will arrive at your door. Sometimes, particularly careful sellers will say something about how taxes and duties are the responsibility of the buyer.
But the point that I am making is that the shipper has made a deal with delivery company to deliver your goods. So the contract is between the shipper and the delivery company. You might be a beneficiary of that contract but you are not a party to the contract.
So, if push comes to shove, I doubt that you are contractually obligated to pay the bill the delivery company sends you. There may well be other legal theories that the delivery company could invoke, especially to collect customs duties actually paid to the government. But, in a very real sense, I suspect the shipping companies know that they would have a tough time actually forcing you to pay their "clearance fees" and are just trying it on.
If you don't want to just ignore the bill, one trick you might try for fun is sending the delivery company an "accord and satisfaction" for just the actual customs duties. Check how to do this correctly in the appropriate jurisdiction.
Once again, none of this is legal advice. Do not rely on it for anything whatsoever in any jurisdiction anywhere in the world or its subsidiaries.






