货代的AGENCY AGREEMENT.doc

AGENCY AGREEMENTThis is an agreement between XXX INTERNATIONAL TRANSPORTATION SERVICE CO.LTD. ( here under XXX ) at (.地址 )and 代理商名称. ( here under代理代号) at代理商名地址WITNESSEDThat in consideration of the mutual convenience and agreement herein after set forth , “xxx” appoints “代理代号” as its Agents in 代理地区 whereas “代理代号” appoints “xxx” at its agent in China , for the purpose set forth and subject to the terms and conditions hereunder specified, namely:1-PURPOSEThis agreement shall be to develop, expand and promote the business concerning both sea and air transportation or any combinations of transport made between 代理地区 China and v.v. ( Hong Kong excluded ) under a joint collaboration of both parties.2-EXCLUSIVITYBoth parties agree a co-operation in a NON exclusive basis, as per point, above indicated. Anyhow, both parts agree to consign all their free cargoes nominations to the other and attend promptly and in the most adequate manner and Service all cargoes / shipments moved between XXX 代理代号 related with point nr.1, assuming the compromise of EXCLUSIVITY for sending permanent and regularly to the other , all sale leads Routing Orders and any kind of sale information which can provide a new customer in favour of XXX / 代理代号.3-GEOGRAPHICAL AREAS“XXX” shall entrust “代理代号” with the handling of cargoes to be moved from China to 代理地区 and v.v. , so shall “代理代号” entrust “XXX” with the handling of cargoes ( sea and airfreight ones ) to be moved from 代理地区 to China and v.v.4-RESPONSABILITIESA. Both parties shall take care of all sea and air arrangements, including documentation, report of situation of any shipment, pre-advice of departure, profit/lose settlements and for any further requirement necessary to fulfil the most accurate service to our clients.B. Both parties shall make every effort to assist each other in asking for cargoes for mutual service and undertake the obligation to establish a permanent and strong canvassing sales campaign in order to promote the aforementioned service.C. Both parties shall assist each other in collecting charges due to the other party and settle incurred expenses on behalf of either party and have optional right of such charges to the other party. However, it is understood that each part shall bear its own expenses incurred in link with the execution of this agreement, including management travelling, entertainment and international communication, i.e., cable, telephone, fax, e-mail and other incidental expenses . Only Sales campaign agreed from mutual consent will include airfreight ticket and hotel to be shared on a 50% basis. In such a way, travelling will be dully organised by the two involved parts , although with the previous consensus of “XXX” and “代理代号”.D. Any uncollected found shall be the sole liability of the party releasing freight or extending credit arising from payment of all charges prior to releases .In addition, any consignment (s) will be released by the handling agent in destination not against either endorsed relevant Original Bill of Lading or Bank Letter of Guarantee, the releasing party will have to undertake full liabilities unless such a release is approved /instructed by the loading Port party before hand .The direct Bill of Lading consignments are also compulsory to be under this arrangement, with the exception of personal effect consignments which may be returned against self Letter of Guarantee with consignees passport copy for identification. 5-REMUNERATION5.1. SHIPMENTS FROM CHINA TO代理地区:a) Free hand shipments ( cargoes obtained by “XXX” directly ):FCL: share 50%/50%LCL: share 50%/50%GPE: share 50%/50% and only in case of consol boxes directly consigned to “代理代号” with minimum volume of 20rt/20 and 40rt/40; an extra free handling refund from “ 代理代号” to “XXX” of USD 20 x H/BL for pre-paid cargo and USD 10xH/BL for collect cargo.b) Nomination shipment ( cargo obtained by “代理代号” ) FCL: share 50%/50%LCL: share 50%/50%GPE: share 50%/50%5.2 Shipments from代理地区: to China:Viceversa .Same conditions .GPE for free hand shipments will be credited “XXX” to “代理代号” in case to apply same conditions as indicated in point 5.1.a6-ACCOUNTING & SETTLEMENTBoth parties should interchange statements not later than the two last weeks of the ended month . Conciliation should be done during the following fortnight. Payment no later than following week.All conciliation will be centralised at Shanghai, for “XXX” and at BCN for “代理代号”.7-CURRENCYAll invoices currencies are basically in United States Dollars in order to avoid unnecessary efforts and possible disputes between parties ( when EURO becomes a common use this point will be revised )8-INDEMNITYBoth parties declare that it is free to enter into this agreement and indemnify each other accordingly .In particular may try to seek an indemnity from the other party in situation when one party is negligent in the events the customer claim due lose of damage of goods when arises as a direct consequence of act or omission of the party . Furthermore; all information (sales links, routing clauses, nominations, existing customers ) will be considered as a strictly confidential for both parts and as exclusive use for “代理代号” and “XXX”. In case of unfulfilled this compromise, the affected part will have the right to react against the other as per the law regulations in the country of the aforementioned part and ask fort the pointed indemnity .This clause will be affecting both parts meanwhile co-operation will remain in practise.9-PROFESSIONAL LIABILITYEach part will have covered its own responsibility.“代理代号”: Insurance Co.: Number:“XXX”: Insurance Co.: Number:10-ARBITRATIONAll dispute arising in connection with the Agency Agreement which the parties cannot settle mutually shall be finally established under the rules of conciliation and arbitration of The International Chamber of Commerce by one or more arbitrators appointed in accordance with the rules .Whatever both parties consider necessary and is not described in this agreement shall be subjected to discussion between the parties as and when required .The written confirmation of such discussion shall constitute a part of this agreement.11-LAW AND JURISDICTIONThis Agency Agreement and relations between both parties shall be governed in accordance with the law and jurisdictio