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Contract analysis / expert-retention-letter-classification.docx
expert-retention-letter-classification.docx
1044-00005 · 12 clauses
High · 3 Medium · 4 Standard · 2
1. Background High
⚑ Penalty / liquidated damages
1. Background TSL is a Société Anonyme (A.E.) incorporated and registered in the Hellenic Republic, Piraeus Commercial Registry No. 78214/06/B/09/42, with EORI Number GR094827361000, and headquartered at 47 Akti Miaouli, 185 35 Piraeus, Greece. TSL is a leading provider of port logistics, container terminal operations, and maritime cargo-handling services in the eastern Mediterranean region. Between 2019 and 2022, TS
2. Scope of Engagement
2. Scope of Engagement Argonaut is retained to provide the following services in connection with the customs classification dispute described above: (a) Classification Analysis Argonaut will prepare a detailed written analysis of the proper CN classification of TSL's twelve (12) STS gantry cranes and eight (8) ASC systems. The classification analysis will involve a thorough application of: (i) The General Interpretiv
3. Expert Qualifications Medium
⚑ Confidentiality undertaking
3. Expert Qualifications Dr. Lukas Brenner will serve as the primary expert and sole author of the expert report prepared under this engagement. Dr. Brenner's qualifications are summarized as follows: • World Customs Organization: Former member of the WCO's Harmonized System Committee (2008–2016), where he participated in classification discussions, reviewed classification opinions, and contributed to the development
4. Deliverables and Timeline Standard
⚑ Commercial term
4. Deliverables and Timeline The following deliverables are anticipated under this engagement, subject to the timelines set forth below: The above timelines may be adjusted by mutual written agreement between Argonaut and C&H, taking into account the pace of the administrative proceedings, the availability of technical documentation from Hailong, and any requests from AADE or DG TAXUD. Any additional deliverables bey
5. Fee Arrangements Standard
⚑ Commercial term
5. Fee Arrangements Argonaut's fees for the services described in this engagement letter will be calculated on the basis of the following hourly and per-diem rates: Argonaut will invoice TSL directly on a monthly basis for services rendered during the preceding calendar month. Copies of all invoices shall be provided contemporaneously to C&H, directed to the attention of Christy Bauer (christy.bauer@calderwoodharknes
6. Independence
6. Independence Argonaut confirms that it is independent of each of the following parties and entities, and that neither Dr. Brenner nor any Argonaut personnel has a current or prior professional, financial, or personal relationship with any of the following that could impair, or could reasonably appear to impair, Argonaut's independence or objectivity in connection with this engagement: (a) Thalassa Shipping & Logis
7. Privilege and Confidentiality High
⚑ Non-compete / exclusivity restraint
7. Privilege and Confidentiality Argonaut is engaged as a consulting and testifying expert at the direction of counsel (Calderwood & Harkness LLP) in connection with pending and anticipated administrative and judicial proceedings arising from AADE's Additional Duty Assessment Notice AADE/ADAN/2022/0073 and the BTI application BTI-GR-2022-003847. All communications between Argonaut, C&H, V&T (Vournas & Theodorakis Dik
8. Document Handling and Data Protection Medium
⚑ Forum / governing law
8. Document Handling and Data Protection Argonaut will maintain all documents and data received in connection with this engagement — whether in physical or electronic form — in a secure manner, consistent with applicable data protection laws, including Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal
9. Termination Medium
⚑ Confidentiality undertaking
9. Termination Either party may terminate this engagement upon fifteen (15) days' prior written notice to the other party. Such notice shall be delivered to the contact addresses specified in Section 11 below (or to such other address as a party may designate in writing). In the event of termination, Argonaut will be compensated for all work performed and all expenses incurred through the effective date of terminatio
10. Governing Law High
⚑ Non-compete / exclusivity restraint
10. Governing Law This engagement letter shall be governed by and construed in accordance with the laws of the Federal Republic of Germany, without regard to conflicts-of-law principles that would result in the application of the law of any other jurisdiction. Any disputes arising out of or relating to this engagement letter, or the breach, termination, or validity thereof, shall be resolved exclusively by the compet
11. Points of Contact Medium
⚑ Confidentiality undertaking
11. Points of Contact The primary points of contact for this engagement are as follows: Calderwood & Harkness LLP: Christy Bauer, Senior Associate Intellectual Property & Trade Group Email: christy.bauer@calderwoodharkness.com Tel: +32 2 894 7142 (Day-to-day coordination, classification analysis, BTI application) Garrett Simmons, Associate Tax & Customs Group Email: garrett.simmons@calderwoodharkness.com Tel: +32 2 8
12. Acceptance
12. Acceptance If the foregoing terms and conditions accurately reflect our mutual understanding regarding Argonaut's engagement, we respectfully request that Dr. Brenner countersign and return a copy of this letter to Christy Bauer at the email address set forth above, thereby confirming Argonaut's acceptance of this retention. A countersigned copy returned by email in PDF format will be accepted as an original for