ChamberDocs

Terms and Conditions

July 2014

Every registered exporter using the Chamber Docs website agrees to and adheres with the following terms and conditions:

NZ/China FTA Certificates of Origin

  1. The exporter registered with the Chamber Docswebsite (the EXPORTER) agrees and declares to THE NEW ZEALAND CHAMBERS OF COMMERCE AND INDUSTRY (NZCCI), being the recognized authorized body for the purposes of registration of exporters and issuing of Certificates of Origin in respect of goods to be exported under preferential tariff to CHINA, that the following information is true and correct and that the EXPORTER will immediately notify NZCCI in writing in the event that:
    1. any of the following statements become inaccurate, incorrect or incomplete; and
    2. there is any material change to the basis of the EXPORTER'S registration in relation to goods (GOODS); and
    3. any of the authorized representatives of the EXPORTER as listed in the Authorized Signatories document (SIGNATORIES) ceases to be authorized by the EXPORTER for the purposes of this agreement or there are any additions or deletions to the attachment.
  2. The EXPORTER hereby applies for registration as an exporter of the goods described in pre-registration documents in respect of the export or proposed export to CHINA and declares that the information set out below is true and correct and accurate in all respects and that the GOODS and each of them satisfies the requirements of the Free Trade Agreement between New Zealand and China (2008 FTA) with respect to the rules of origin set out in Chapter 4 of the NZ/China FTA.
  3. The EXPORTER declares and confirms:
    1. The full name and address of the EXPORTER.
    2. Registered GOODS (prepared by the EXPORTER for the purposes of consideration and authorization by NZCCI) will comply with and satisfy the requirements in Chapter 4 of the NZ/China FTA in respect of the rules of origin for those GOODS.
    3. The details relating to the consignee, its name and address (if stipulated in the Certificate of Origin), the buyer (if applicable), the purchase order numbers or invoice numbers, the dates of any such invoices or orders, and the details concerning the shipping and destination of the goods as set out in each Certificate of Origin for such GOODS will at all times be true and correct.
    4. The detailed description of the goods, the subject of each such Certificate of Origin in respect of the GOODS (or any of them) including their harmonised system code, their product and brand identifiers and such other information contained therein to properly describe and identify the goods, including origin criteria and eligibility set out in Chapter 4, Section 1, Articles 17- 32 of the New Zealand China Free Trade Agreement, are, and will be, true and correct and accurate and complete in all particulars.
    5. Unless the EXPORTER notifies NZCCI in writing to the contrary, the EXPORTERS GOODS will continue to satisfy the rules of origin as mentioned and there will be no material change in the basis for registration of those GOODS.
    6. If, at any time while the EXPORTER is a registered exporter for China, a material change in the basis for registration of those GOODS occurs, the full description of the material change will be provided to NZCCI as soon as practicable and before any FTA Certificate of Origin is requested by the EXPORTER in relation to those GOODS.
    7. (i)If, either as a result of a material change in the basis of registration of registered GOODS or as a consequence of a change in the description or identity of the GOODS which are required to be the subject of registration, the registration of the EXPORTER is suspended or altered or terminated, then the EXPORTER agrees to notify NZCCI immediately in writing.
      (ii)In such an event, the EXPORTER agrees and confirms that it will neither represent or hold out that it is registered as an exporter of the GOODS or that NZCCI has authorized its registration for those GOODS or any other GOODS unless and until NZCCI has so registered the EXPORTER for those GOODS.
    8. If following the submissions of the pre-registration documents to the NZCCI, NZCCI establishes that the EXPORTER has submitted more than one application for a Certificate of Origin in relation to any GOODS that have been subject to the registration procedure that are not correct or accurate with regard to the information that has been confirmed, then NZCCI will cancel the GOODS registration and withdraw the expedited level of service for all of the EXPORTER'S registered goods, not just those GOODS to which the incorrect or inaccurate applications have been made. NZCCI will also notify the New Zealand Customs Service of this.
    9. The EXPORTER acknowledges and agrees that NZCCI will only reinstate the GOODS registration procedure in relation to an EXPORTER to which paragraph 3(h) applies, after it has carried out an investigation, determined the causes of the incorrectness or inaccuracies, determined the action required to be taken to remedy the situation, agreed that action with the EXPORTER, obtained approval from the New Zealand Customs Service of the findings of the investigations and proposed remedial action and the EXPORTER has implemented these remedial actions to its satisfaction.
  4. The EXPORTER further confirms and acknowledges that by applying for registration as an exporter to China of certain GOODS, the EXPORTER has conducted its own investigation and enquiries and undertaken its own due diligence to ensure that the GOODS satisfy the rules of origin in respect of those GOODS and it has not relied on any representation or statement made or implied by NZCCI in relation to those GOODS or their qualification for registration under Chapter 4 of the NZ/China FTA, and the EXPORTER FURTHER ACKNOWLEDGES that a misleading, misrepresentative or fraudulent statement in relation to the GOODS may be subject to a penalty or fine or other administrative order being applied in relation to those GOODS, and the EXPORTER releases and holds harmless NZCCI (and each of its officers, employees and contractors) from and against any claim, demand or proceeding (actual or threatened) and any loss or damage or expense incurred or suffered by the EXPORTER (including any loss of profits, economic loss, consequential loss or damages, and any loss or damage arising from the refusal of Chinese authorities to grant any concession or reduction in tariff or customs duties) as a result of the GOODS failing to satisfy the rules of origin as so specified in the FTA or the EXPORTER breaching any of the requirements relating to registration as an exporter, whether arising under this agreement, the FTA or any regulation practice note or law of New Zealand in force from time to time.
  5. The EXPORTER acknowledges that Article 41 of the China/NZ FTA allows China's customs administration to request verification information from New Zealand Customs, NZCCI and exporters/producers.
  6. In the event of requests which stem from a legitimate enquiry from an authorised officer or in possession of statutory authority, New Zealand Customs Services or officials acting with authority of the country of import, the EXPORTER hereby permits the NZCCI or issuing body to allow direct access under the power of statutory authority, to such commercial information as may be required as part of the enquiry.

AANZ FTA Certificates of Origin

  1. The exporter registered with the Chamber Docswebsite (the EXPORTER) hereby agrees and declares to THE NEW ZEALAND CHAMBERS OF COMMERCE AND INDUSTRY (NZCCI), being the recognized authorized body for the purposes of registration of exporters and issuing of Certificates of Origin in respect of goods to be exported under preferential tariff to COUNTRIES PARTY TO AANZ FTA, that the following information is true and correct and that the EXPORTER will immediately notify NZCCI in writing in the event that:
    1. any of the following statements become inaccurate, incorrect or incomplete; and
    2. there is any material change to the basis of the EXPORTER'S registration in relation to goods (GOODS); and
    3. any of the authorized representatives of the EXPORTER as listed in the Authorized Signatories document (SIGNATORIES) ceases to be authorized by the EXPORTER for the purposes of this agreement or there are any additions or deletions to the attachment.
  2. The EXPORTER hereby applies for registration as an exporter of the goods described in pre-registration documents in respect of the export or proposed export toCOUNTRIES PARTY TO AANZ FTA and declares that the information set out below is true and correct and accurate in all respects and that the GOODS and each of them satisfies the requirements of the Free Trade Agreement between New Zealand andAANZ FTA partner countries with respect to the rules of origin set out in Chapter 3 of AANZ FTA.
  3. The EXPORTER hereby declares and confirms:
    1. The full name and address of the EXPORTER.
    2. Registered GOODS (prepared by the EXPORTER for the purposes of consideration and authorization by NZCCI) will comply with and satisfy the requirements in Chapter 3 of the AANZ FTA in respect of the rules of origin for those GOODS.
    3. The details relating to the consignee, its name and address (if stipulated in the Certificate of Origin), the buyer (if applicable), the purchase order numbers or invoice numbers, the dates of any such invoices or orders, and the details concerning the shipping and destination of the goods as set out in each Certificate of Origin for such GOODS will at all times be true and correct.
    4. The detailed description of the goods, the subject of each such Certificate of Origin in respect of the GOODS (or any of them) including their harmonised system code, their product and brand identifiers and such other information contained therein to properly describe and identify the goods, including origin criteria and eligibility set out in Chapter 3 of theAANZ Free Trade Agreement, are, and will be, true and correct and accurate and complete in all particulars.
    5. Unless the EXPORTER notifies NZCCI in writing to the contrary, the EXPORTERS GOODS will continue to satisfy the rules of origin as mentioned and there will be no material change in the basis for registration of those GOODS.
    6. If, at any time while the EXPORTER is a registered exporter for AANZ FTA, a
      Material change in the basis for registration of those GOODS occurs, the full description of the material change will be provided to NZCCI as soon as practicable and before any FTA Certificate of Origin is requested by the EXPORTER in relation to those GOODS.
    7. (i)If, either as a result of a material change in the basis of registration of registered GOODS or as a consequence of a change in the description or identity of the GOODS which are required to be the subject of registration, the registration of the EXPORTER is suspended or altered or terminated, then the EXPORTER agrees to notify NZCCI immediately in writing.
      (ii)In such an event, the EXPORTER agrees and confirms that it will neither represent or hold out that it is registered as an exporter of the GOODS or that NZCCI has authorized its registration for those GOODS or any other GOODS unless and until NZCCI has so registered the EXPORTER for those GOODS.
    8. If following the submissions of the pre-registration documents to the NZCCI, NZCCI establishes that the EXPORTER has submitted more than one application for a Certificate of Origin in relation to any GOODS that have been subject to the registration procedure that are not correct or accurate with regard to the information that has been confirmed, then NZCCI will cancel the GOODS registration and withdraw the expedited level of service for all of the EXPORTER'S registered goods, not just those GOODS to which the incorrect or inaccurate applications have been made. NZCCI will also notify the New Zealand Customs Service of this.
    9. The EXPORTER acknowledges and agrees that NZCCI will only reinstate the GOODS registration procedure in relation to an EXPORTER to which paragraph 3(h) applies, after it has carried out an investigation, determined the causes of the incorrectness or inaccuracies, determined the action required to be taken to remedy the situation, agreed that action with the EXPORTER, obtained approval from the New Zealand Customs Service of the findings of the investigations and proposed remedial action and the EXPORTER has implemented these remedial actions to its satisfaction.
  4. The EXPORTER further confirms and acknowledges that by applying for registration as an exporter to AANZ FTA partner countries of certain GOODS, the EXPORTER has conducted its own investigation and enquiries and undertaken its own due diligence to ensure that the GOODS satisfy the rules of origin in respect of those GOODS and it has not relied on any representation or statement made or implied by NZCCI in relation to those GOODS or their qualification for registration under Chapter 3 of AANZ FTA, and the EXPORTER FURTHER ACKNOWLEDGES that a misleading, misrepresentative or fraudulent statement in relation to the GOODS may be subject to a penalty or fine or other administrative order being applied in relation to those GOODS, and the EXPORTER releases and holds harmless NZCCI (and each of its officers, employees and contractors) from and against any claim, demand or proceeding (actual or threatened) and any loss or damage or expense incurred or suffered by the EXPORTER (including any loss of profits, economic loss, consequential loss or damages, and any loss or damage arising from the refusal of AANZ FTA partner countries authorities to grant any concession or reduction in tariff or customs duties) as a result of the GOODS failing to satisfy the rules of origin as so specified in the FTA or the EXPORTER breaching any of the requirements relating to registration as an exporter, whether arising under this agreement, the FTA or any regulation practice note or law of New Zealand in force from time to time.
  5. The EXPORTER acknowledges that Chapter 3 Rules 17 & 18 of the AANZ FTA allows Customs Authorities of the importing parties to request verification information from New Zealand Customs, NZCCI and exporters/producers and/or initiate a verification visit.
  6. In the event of requests which stem from a legitimate enquiry from an authorised officer or in possession of statutory authority, New Zealand Customs Services or officials acting with authority of the country of import, the EXPORTER hereby permits the NZCCI or issuing body to allow direct access under the power of statutory authority, to such commercial information as may be required as part of the enquiry.