strict英文版国际货运代理合同-- 国外代理

A GENCYA GREEMENT

This agreement is made on the [Insert Date Here].

BETWEEN

[Insert Company Name Here] (hereinafter referred to as[Insert Here]),having their principaloffice at [Insert Address Here].

AND

WHEREAS

A. [Insert Here]was and is an international freight forwarder carrying on the business oftransportation by land and/or sea and/or air for reward.

B. [Insert Here]was and is an international freight forwarder carrying on the business oftransportation by land and/or sea and/or air for reward.

NOW THIS AGREEMENT WITNESSETH AS FOLLOWS:

1) APPOINTMENT

1.1 [Insert Here]hereby accepts the appointment as [Insert Here] ’s promotion, sales,handling, delivery and forwarding agent for land and/or sea transport to and from[Insert Area Here].

1.2 [Insert Here] hereby accepts the appointment as [Insert Here] promotion, sales,handling, delivery and forwarding agent for land and/or sea transport to and from[Insert Here].

2) BILLING OF LADING

2.1 In the event where issuing the counter-party’s Bill of Lading is unavoidable,writtenpre-notice shall be sent to the counter-party for acknowledgement and writtenapproval must be received in advance.

2.2 For any and all unauthorized issuing of the counter-party’s Bill of Lading, the partywho breaches this agreement shall take full responsibility for all the consequence andliabilities so caused.

2.3 For any and all unauthorized releasing of goods without presentation of original Billof Lading, the party who commits such mistake shall take full responsibility for all theconsequence and liabilities so caused.

3) ACTIVITIES

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Both[Insert Here] and[Insert Here] shall handle the inward and/or outward shipments fromthe counter-party based on the guidelines hereinafter mentioned.

3.1 To send Arrival Notice to consignee(s)before vessel and/or plane arrive at dischargingport and/or airport,or as soon as relevant documents received from the counter-party.

3.2 To send pre-alert by fax or e-mail every time shipments are address by one party to theother, advising the details of the conveyance involved,number of packages,weight,value of cargo, freight amount,COD’s,CAD’s or any other fees to be collected.Toprovide any other information as may be required by local Custom Authority andGovernmental Bodies.

3.3 To destuff LCL cargo at each party’s contracted warehouse, or at the warehousedesignated by the Carriers.The devanning charge to be on the disposal of each party’sneutral agent.

3.4 To follow up sales-lead promptly, to aggressively expand the coverage of clients,andto increase the market share,with adequate and necessary assistance from thecounter-party.

3.5 To provide client referrals to each other for inbound/outbound freight traffic for bothair and ocean.

3.6 To provide service to customers inclusive but not only limited to follow-up,marketing/courtesy calls, cargo handling, fax replies, sales leads and other relatedfreight forwarding activities.

3.7 To handle and/or settle the claim promptly,with the assistance and/or authorization ofthe counter-party and to furnish any information and documents as requested by thecounter party to assist the resolution of the claim. In the event of any inquiryoriginating from any statutory body to either of the two parties, the counter-party shallfurnish any information and documents as requested by the party facing the inquiry.

3.8 To protect each other’s interests,markets, and clientele against competitors’ salescampaigns or strategies.

3.9 To implement necessary policies, strategies and actions to ensure that all clients ofboth parties are satisfied with the existing level of service.

3.10 Other activities as per normal practice within the industry and for the mutual benefit ofboth parties.

4) RESPONSIBILITY

4.1 Both parties shall be responsible for the collection of original bills of lading issued bythe other party before releasing cargo to the consignee. If the cargo is shipped oncollect basis, each party shall be responsible for the collection of all freight chargesand/or related charges before releasing cargo to the consignee.

4.2 Both Parties are responsible for collecting freight charges and any other charges to becollected at the place of receipt. In the event that the transportation is made on freightprepaid basis,the amount collected shall be retained by each party subject to clause 11.

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4.3 Both Parties shall maintain strict confidentiality and integrity on all customers’information,which shall not be exchanged,with any other information fromcompeting NVOCCs,which may have an existing,past or future relationships.

4.4 Each party shall provide all other necessary services and bill each other accordinglyupon request.

4.5 If, for whatever reason, a shipment is not delivered to a consignee or the consigneedoes not collect the cargo or refuses to take delivery of the cargo, each party mustnotify the other party in writing within twenty(20)days from the date of the arrival ofthe cargo with a full explanation for the non-delivery.The cargo shall be stored uponthe written consent and pending further instruction from the other party.Any expensesarising from the non-delivery including but not limited to the storage charges,clearance charges,fines,penalties,and any charges of re-delivering the cargo shall befor the account of the consignor.

4.6 The delivery agent must ensure that cargo of its client is adequately protected anddelivered on time.

4.7 For shipment sent on freight prepaid basis, the receiving party should never detaincounter-party's shipment, so long as all destination side charges, including anydetention and/or demurrage accrued,are paid for by the consignee.

4.8 For shipment sent on freight collect basis, the receiving party should never detaincounter-party's shipment upon collection of the freight,destination side charges,including any detention and/or demurrage accrued,from the consignee.

5) AGENCY COMMISSION

It’s mutually agreed between[Insert Here] and[Insert Here] to handle all the sea and/or airshipments from the counter-party, includes inward and outward shipments, in accordance toseparate agreements,which may be amended at any time upon written concurrence from bothp artie s.

6) EXPENSES

All local expenses that occurred/accrued resulting from the fulfillment of this contract, such asrent, communication and/or correspondence expenses, insurance, and all other incidentalexpenses, shall be on each party’s own account,unless otherwise specified and mutually agreedin writing in advance.

7) OPERATION PROCEDURE

7.1 Shipping Advise

To inform each other whenever there is shipment effected and to furnish full details sothat it is possible to make advance preparation for shipment.

7.2 Shipping Documents

Whenever the shipping documents become available, the party involved shall fax orcourier it immediately.The documents shall include:

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A.Normal Release:

Original Master Bill of Lading

Copy of House Bill of Lading

Debit/credit Note

Container loading plan or manifest (consol only)

B. In case of surrender order or telex release:

Copy of Master Bill of Lading

Copy of House Bill of Lading

Copy of surrender instruction or copy of telex release instruction from carrier

Debit/Credit Note

Other document (if any)

8) DANGEROUS/VALUABLE CARGO

8.1 [Insert Here]/[Insert Here] are not insured for liability arising from the provision of,handling of, delivery of, forwarding services in connection with dangerous and/orvaluable cargo.

8.2 [Insert Here]/[Insert Here] agrees not to arrange any transportation of anydangerous and/or valuable cargo without the prior written consent of thecounter-p arty.

8.3 In the event that [Insert Here]/[Insert Here]arranges the transportation of dangerousand/or valuable cargo without the prior written consent of the counter-party,notwithstanding any negligence on the part of the counter-party, [Insert Here] shallbe under no liability to [Insert Here] and vice versa,whether in contract, tort,bailment or otherwise, for loss of or from,damage to,delay in delivery of,deviationon delivery of,misdelivery of,or on non-delivery of,any consignment of dangerousand/or valuable cargo. [Insert Here]/[Insert Here] shall indemnify the counter-partyforthwith against any and all losses,damages, claims, liabilities, actions,demands,costs, charges, expenses, penalties, fines or proceedings whatsoever which thecounter-party will receive from any third party arising from or in connection with thehandling or loss of or from,damage to,delay in delivery of,deviation or delivery of,misdelivery of,or on non-delivery of,any consignment of dangerous and/or valuablec arg o.

9) INSURANCE

Each party shall maintain at its own costs adequate insurance cover in respect of its potentialliability arising out of and/or in connection with and/or by reason of negligent, recklessness orwillful misconduct of[Insert Here]and/or [Insert Here], their officers,employees, servants oragents in the performance of any of the obligation pursuant to this Agreement.

10) DEBIT/CREDIT NOTE&INVOICE

10.1 Each party shall provide the counter-party all related Balance Sheets (Debit/CreditNote and/or Invoice)for each shipment on the basis of every sailing or each shipment(depending on the accounting practice followed by the party),and shall send to thecounter-party along with the pre-alert documents.

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10.2 The counter-party is requested to inform the other of any amendment,withinreasonable period,once there is any discrepancy and/or inquiry found.

10.3 The invoice/debit/credit/balance sheet shall be reconciled at least within one monthof receipt.

11)MONTHLY STATEMENT OF ACCOUNT&BALANCE SHEET

11.1 Monthly Statement of Account for each specific month shall be sent to thecounter-party on the 21th of the following month.All payment should be arranged nolater than 45 days.

11.2 The counter-party shall check and inform the other,within 7 days of the receiving ofthe Monthly Statement of Account,for any/all discrepancy and/or inquiry found,andarrange payment right after amount confirmation.

11.3 The party with the discrepancies shall have 3 working days to re-confirm the amount.The counter-party shall provide all the necessary information and assistance to solvethe discrepancies. In the event that a discrepancy cannot be resolved within 3 workingdays, the balances apart from discrepant items will be mutually confirmed.

11.4 Each party shall keep correct and complete records and books of accounts containingall information required for the computation and verification of the amounts to be paidby each party hereunder.

11.5 For any reason that the balance can not be confirmed during the prescribed period,Clause 12.4 shall be applicable.

11.6 If, for any reason, one of the parties does not respond to, communicate with, orconfirm the statement within the prescribed schedule as set out in Clause 11, thecounter party shall have the right to demand acceptance of its own statements afterexpiration of the prescribed schedule.The party at fault shall have 1 working day toreply on whether to extend the reconciliation schedule and specifically indicate howlong the extension shall be. If the party at fault gives no communication, suchnon-response shall indicate acceptance of the counter party’s statement. If anextension is agreed upon,only one extension shall be granted. If the party at fault stillcan not confirm the statement upon the expiration of the extension, then the counterparty’s statement shall be accepted as the official statement and used for reconciliationof all outstanding.

12) REMITTANCE/SETTLEMENT OF OUTSTANDINGACCOUNT

12.1 Remittance to settle the confirmed outstanding accounts from the previous monthshall be made to the counter-party before the end of the following month.The bank’sofficial remittance slip or any other document evidencing the wire transfer shall befaxed to the other party as advance record of the payment.

12.2 The remittance can be pending only if written request is sent by either party, andwritten approval is received from the counter-party in advance. The balance will becarried forward to the following month as opening balance.

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12.3 In case of request for settlement of confirmed outstanding account presented by eitherparty, regardless of the actual accumulated amount between the parties, thecounter-party shall arrange remittance within two(2)days after such written request isreceived; unless other written agreements are reached between the parties on acase-by-case basis.

13) AMENDMENT OF AGENCY CONTRACT

This Agency Contract shall be totally/partially supplemented,amended,and/or modified at anytime,by the mutual written consent of both parties.

14) DURATION AND TERMINATION OF AGENCY CONTRACT

15.1 The terms of this agreement shall be valid and remain in force till 21-Dec 2012.

15.2 If no written termination notice is issued after Dec.21, 2012 this contract shall beautomatically renewed thereafter on an annual basis

15.3 This Agency Contract shall be terminated and void for both parties,by giving sixty(60)days written notice, subject to the condition that the written notice of termination shallbe dispatched to the counter-party,and confirmation of receipt for the said notice shallbe given from the counter-party.

15.4 Upon default by either party hereto in the performance of any obligation hereunder tobe performed by such party, the other party may give notice in writing to the party indefault specifying the thing or matter in default and, if the default cannot be rectified,terminating this Agreement on the date specified in the notice.

15.5 All outstanding account must be settled prior to the formal termination of mutualcooperation.

15)ASSIGNMENT

This Agreement,and the rights granted hereunder, shall not be assignable, in whole or in part,byeither party without the prior written consent of the other party.

16)SEVERANCE

In the event that any provision of this Agreement is declared by any judicial or other competentauthority to be void,voidable, illegal or otherwise unenforceable or indication of the same arereceived by either parties from any relevant competent authorities, the parties shall amend thatprovision in such reasonable manner as achieve the intention of the parties without illegality or atthe sole discretion of[Insert Here]/[Insert Here]. If any of the provisions hereof are severedfrom this Agreement, the remaining provisions of this Agreement shall remain in full force andeffect unless [Insert Here]/[Insert Here] in their sole discretion decide that the effect of suchseverance is to defeat the original intention of the parties in which event [Insert Here]/[InsertHere] shall be entitled to terminate this Agreement by sixty(60) days written notice to thecounter-party and the provisions of Clause 14 shall apply accordingly.

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17)WHOLE AGREEMENT

Both parties acknowledge that this Agreement contains the whole agreement and both parties hasnot relied upon any oral or written representation made to it by the other party, its employees oragents, and has made their own independent investigations into all matters relevant to thebusiness.

This Agreement supersedes any prior agreement between the parties whether written or oral andany such prior agreement are cancelled as at the date of this Agreement but without prejudice toany rights that have already accrued to either of the parties.

19) SETTLEMENT OF DISPUTES

19.1 Both parties shall first try to resolve any dispute or disagreement arising inconnection with the interpretation of this Agreement or the performance ornon-performance amicably and in good faith.

19.2 If a particular dispute,arising out of or in connection with this agreement or for thebreach thereof, can not be resolved through the efforts of both parties, the disputeshall be submitted to and settled by an arbitration panel selected and agreed upon bythe mutual consent of both parties in accordance with the prevailing laws, rulesand/or statutory regulations administered in the respective countries.

19.3 [Insert Here]/[Insert Here] agree not to detain the counterparty’s shipments orengage in illegal activities whatsoever with prejudice to the right and interest of thec o unt erp arty.

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IN WITNESS WHEREOF, the undersigned parties have executed this Agency Contract, induplicate originals that either party holds one respectively, as of the day and year first abovementioned.

[Insert Here] [Insert Company Name Here]

____________________________ __________________________

[Insert Name Here]

Director [Insert Title Here]

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