do hereby constitute and appoint A & A Contract Customs Brokers Ltd., 120-176th Street, Suite 101, Surrey, BC V3S 9S2 my true, authorized and lawful attorney and agent to transact business on my behalf in all matters relating to:
(1) Customs that may be transacted by a customs broker licensed under the Customs Act;
(2) Excise and any tax or levies under the Excise Tax Act;
(3) Shipping and storage related to any contract; and Including all matters relating to the account for and payment and refund of customs and/ or excise duties, excise tax , sales tax and goods and services tax in r espect of imported goods r eleased or to be released under such legislation, at the customs offices located in ANY AND ALL PORTS IN CANADA. AND IN CONNECTION THEREWITH:
(a) to execute, sign, seal, deliver and endorse for me and in my name all bonds, entries, bills of lading, bills of exchange, warehouse receipts or other means of payment or collateral security which comes into its possession and to use same, including drawbacks and claims of any nature for r eimbursement of customs duties, sales/excises taxes and the like;
(b) to receive all such payments and sums of money as are now due or may hereafter become due and payable to me by way of rebate, refund or r emission on the order of the Canada Border Services Agency r elative to the for egoing;
(c) to appoint sub-agents in its discr etion; to endorse on my behalf and as my attorney; to deposit to and for its own account all such payments from the Government of Canada.
I acknowledge that any duties, charges or other amounts paid on my behalf or to my account by my attorney or its sub-agent shall be a debt due by me to my attorney or to its sub- agent and any refund, rebate or remission of such duties, charge or other amounts shall be the property of my attorney or its sub-agent and I direct and authorize any government agencies collecting same to deliver such rebate, refund or remission to my attorney or sub-agent. I assign all such refunds, rebates or remissions of such duties, charge or other amounts to my attorney and its sub-agents absolutely and for their own use and benefit. As further security for any and all sums owed or becoming owed to my attorney and its sub-agent, for the due performance of any obligations including but not limited to indemnities that I owe to my attorney and its sub-agent, and for any and all enforcement costs.
I hereby grant a security interest to my attorney over all such refunds, rebates or remissions of such duties, charge or other amounts herein before referred to and over all of my present and after acquired personal property. I hereby waive my right to receive a copy of any financing statement or verification statement filed or issued in relation hereto. I agree that all sums owed to my attorney or its sub-agent are due and payable by me immediately upon and invoice being issued, and all sums remaining unpaid for 15 days from any invoice date bear interest at the rate of 1.5% per month. I/We hereby certify that, to the best of my knowledge, all documents and/or information that will be provided to my aforesaid attorney by myself or on my behalf, in connection with this mandate, will be true, accurate and complete.
I agree to provide the Customs Broker with a signed GST direct payment undertaking. I further grant my attorney full power and authority to appoint any other person to whom a license to transact business as a Customs Broker has been issued under the Customs Act as a sub-agent to transact the afore-said business on my behalf and to revoke any such appointment and to appoint any other person who holds such a license as a sub-agent in the place of any sub-agent whose appointment has been revoked, as he, my attorney, shall from time to time think fit.
I further grant my attorney full power and authority to appoint any other person to whom a license to transact business as a customs broker has been issued under the Customs Act as a sub-agent to transact the aforesaid business on my behalf at any of the aforementioned Customs offices, and to revoke any such appointment and to appoint any other person who holds a license as a sub-agent in the place of any sub-agent whose appointment has been revoked, as it, my attorney, shall from time to time think fit.
I/We hereby agree that all transactions hereunder shall be governed by the Standard Trading Conditions of The Canadian Society of Customs Brokers which can be located at aacb.com/terms, which have been read by the undersigned , and which are incorporated by reference into this agreement . I hereby ratify and confirm and agree to ratify and confirm all that my said attorney may do in virtue hereof.
The Customs Broker shall not be liable for any error in judgment or for anything it may do or neglect to do or for any damage that may result or result therefrom, or for any loss caused by the negligence of the Customs Broker or by an act of God or any other act or cause beyond the reasonable control of the Customs Broker. The Customs Broker will not be liable for failure to provide the services as a result of the operation of the applicable laws of Canada or any other country or a change in Canada Customs policies.
This Power of Attorney shall be and remain in full force and effect until due notice of its revocation shall have been given to my aforesaid attorney, in writing by registered mail, which notice of revocation shall not be effective at any time when any sum is due and owing but unpaid to my attorney or any obligation by me is owed to my attorney but is unfulfilled. This agreement remains in effect until terminated by mutual agreement amongst the parties. This agreement and Power of Attorney may be executed in counterparts and transmitted by original or facsimile copies, which when taken together shall and shall be deemed to form one binding agreement and Power of Attorney. I warrant and represent that the person executing this document is my duly authorized signatory with full power and authority to bind me.