英文版国际货运代理合同-- 国外代理.doc

AGENCY AGREEMENTThis agreement is made on the Insert Date Here.BETWEENInsert Company Name Here (hereinafter referred to as Insert Here), having their principal office at Insert Address Here.ANDWHEREASA. Insert Here was and is an international freight forwarder carrying on the business of transportation by land and/or sea and/or air for reward. B.Insert Here was and is an international freight forwarder carrying on the business of transportation by land and/or sea and/or air for reward.NOW THIS AGREEMENT WITNESSETH AS FOLLOWS:1) APPOINTMENT1.1Insert Here hereby accepts the appointment as Insert Heres promotion, sales, handling, delivery and forwarding agent for land and/or sea transport to and from Insert Area Here.1.2Insert 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-partys Bill of Lading is unavoidable, written pre-notice shall be sent to the counter-party for acknowledgement and written approval must be received in advance. 2.2 For any and all unauthorized issuing of the counter-partys Bill of Lading, the party who breaches this agreement shall take full responsibility for all the consequence and liabilities so caused. 2.3 For any and all unauthorized releasing of goods without presentation of original Bill of Lading, the party who commits such mistake shall take full responsibility for all the consequence and liabilities so caused. 3) ACTIVITIES Both Insert Here andInsert Here shall handle the inward and/or outward shipments from the counter-party based on the guidelines hereinafter mentioned. 3.1 To send Arrival Notice to consignee(s) before vessel and/or plane arrive at discharging port 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 the other, advising the details of the conveyance involved, number of packages, weight, value of cargo, freight amount, CODs, CADs or any other fees to be collected. To provide any other information as may be required by local Custom Authority and Governmental Bodies.3.3 To destuff LCL cargo at each partys contracted warehouse, or at the warehouse designated by the Carriers. The devanning charge to be on the disposal of each partys neutral agent. 3.4 To follow up sales-lead promptly, to aggressively expand the coverage of clients, and to increase the market share, with adequate and necessary assistance from the counter-party. 3.5 To provide client referrals to each other for inbound/outbound freight traffic for both air 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 related freight forwarding activities.3.7 To handle and/or settle the claim promptly, with the assistance and/or authorization of the counter-party and to furnish any information and documents as requested by the counter party to assist the resolution of the claim. In the event of any inquiry originating from any statutory body to either of the two parties, the counter-party shall furnish any information and documents as requested by the party facing the inquiry. 3.8 To protect each others interests, markets, and clientele against competitors sales campaigns or strategies.3.9 To implement necessary policies, strategies and actions to ensure that all clients of both 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 of both parties. 4) RESPONSIBILITY4.1 Both parties shall be responsible for the collection of original bills of lading issued by the other party before releasing cargo to the consignee. If the cargo is shipped on collect basis, each party shall be responsible for the collection of all freight charges and/or related charges before releasing cargo to the consignee.4.2 Both Parties are responsible for collecting freight charges and any other charges to be collected at the place of receipt. In the event that the transportation is made on freight prepaid basis, the amount collected shall be retained by each party subject to clause 11.4.3 Both Parties shall maintain strict confidentiality and integrity on all customers information, which shall not be exchanged, with any other information from competing NVOCCs, which may have an existing, past or future relationships. 4.4 Each party shall provide all other necessary services and bill each other accordingly upon request.4.5 If, for whatever reason, a shipment is not delivered to a consignee or the consignee does not collect the cargo or refuses to take delivery of the cargo, each party must notify the other party in writing within twenty (20) days from the date of the arrival of the cargo with a full explanation for the non-delivery. The cargo shall be stored upon the written consent and pending further instruction from the other party. Any expenses arising 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 be for the account of the consignor. 4.6 The delivery agent must ensure that cargo of its client is adequately protected and delivered on time.4.7 For shipment sent on freight prepaid basis, the receiving party should never detain counter-partys shipment, so long as all destination side charges, including any detention and/or demurrage accrued, are paid for by the consignee.4.8 For shipment sent on freight collect basis, the receiving party should never detain counter-partys shipment upon collection of the freight, destination side charges, including any detention and/or demurrage accrued, from the consignee.5) AGENCY COMMISSION Its mutually agreed between Insert Here and Insert Here to handle all the sea and/or air shipments from the counter-party, includes inward and outward shipments, in accordance to separate agreements, which may be amended at any time upon written concurrence from both parties. 6) EXPENSES All local expenses that occurred/accrued resulting from the fulfillment of this contract, such as rent, communication and/or correspondence expenses, insurance, and all other incidental expenses, shall be on each partys own account, unless otherwise specified and mutually agreed in writing in advance. 7) OPERATION PROCEDURE7.1 Shipping AdviseTo inform each other whenever there is shipment effected and to furnish full details so that it is possible to make advance preparation for shipment.7.2Shipping DocumentsWhenever the shipping documents become available, the party involved shall fax or courier it immediately. The documents shall include:A. Normal Release:Original Master Bill of LadingCopy of House Bill of LadingDebit/credit NoteContainer loading plan or manifest (consol only)B. In case of surrender order or telex release:Copy of Master Bill of LadingCopy of House Bill of LadingCopy of surrender instruction or copy of telex release instruction from carrierDebit/Credit NoteOther document (if any)8) DANGEROUS/VALUABLE CARGO8.1 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/or valuable cargo.8.2Insert Here/Insert Here agrees not to arrange any transportation of any dangerous and/or valuable cargo without the prior written consent of the counter-party.8.3In the event that Insert Here/Insert Here arranges the transportation of dangerous and/or valuable cargo without the prior written consent of the counter-party, notwithstanding any negligence on the part of the counter-party, Insert Here shall be 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, deviation on delivery of, misdelivery of, or on non-delivery of, any consignment of dangerous and/or valuable cargo. Insert Here/Insert Here shall indemnify the counter-party forthwith against any and all losses, damages, claims, liabilities, actions, demands, costs, charges, expenses, penalties, fines or proceedings whatsoever which the counter-party will receive from any third party arising from or in connection with the handling 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 valuable cargo. 9) INSURANCEEach party shall maintain at its own costs adequate insurance cover in respect of its potential liability arising out of and/or in connection with and/or by reason of negligent, recklessness or willful misconduct of Insert Hereand/or Insert Here, their officers, employees, servants or agents in the performance of any of the obligation pursuant to this Agreement.10) DEBIT/CREDIT NOTE & INVOICE 10.1Each party shall provide the counter-party all related Balance Sheets (Debit/Credit Note 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 the counter-party along with the pre-alert documents. 10.2 The counter-party is requested to inform the other of any amendment, within reasonable 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 month of receipt.11) MONTHLY STATEMENT OF ACCOUNT & BALANCE SHEET 11.1 Monthly Statement of Account for each specific month shall be sent to the counter-party on the 21th of the following month. All payment should be arranged no later than 45 days.11.2 The counter-party shall check and inform the other, within 7 days of the receiving of the Monthly Statement of Account, for any/all discrepancy and/or inquiry found, and arrange 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 solve the discrepancies. In the event that a discrepancy cannot be resolved within 3 working days, the balances apart from discrepant items will be mutually confirmed. 11.4 Each party shall keep correct and complete records and books of accounts containing all information required for the computation and verification of the amounts to be paid by 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, or confirm the statement within the prescribed schedule as set out in Clause 11, the counter party shall have the right to demand acceptance of its own statements after expiration of the prescribed schedule. The party at fault shall have 1 working day to reply on whether to extend the reconciliation schedule and specifically indicate how long the extension shall be. If the party at fault gives no communication, such non-response shall indicate acceptance of the counter partys statement. If an extension is agreed upon, only one extension shall be granted. If the party at fault still can not confirm the statement upon the expiration of the extension, then the counter partys statement shall be accepted as the official statement and used for reconciliation of all outstanding. 12) REMITTANCE/SETTLEMENT OF OUTSTANDING ACCOUNT 12.1 Remittance to settle the confirmed outstanding accounts from the previous month shall be made to the counter-party before the end of the following month. The banks official remittance slip or any other document evidencing the wire transfer shall be faxed 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, and written approval is received from the counter-party in advance. The balance will be carried forward to the following month as opening balance. 12.3 In case of request for settlement of confirmed outstanding account presented by either party, regardless of the actual accumulated amount between the parties, the counter-party shall arrange remittance within two (2) days after such written request is received; unless other written agreements are reached between the parties on a case-by-case basis.13) AMENDMENT OF AGENCY CONTRACT This Agency Contract shall be totally/partially supplemented, amended, and/or modified at any time, 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 be automatically renewed thereafter on an annual basis15.3 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 shall be dispatched to the counter-party, and confirmation of receipt for the said notice shall be given from the counter-party. 15.4 Upon default by either party hereto in the performance of any obligation hereunder to be performed by such party, the other party may give notice in writing to the party in default 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 mutual cooperation.15) ASSIGNMENTThis Agreement, and the rights granted hereunder, shall not be assignable, in whole or in part, by either party without the prior written consent of the other party.16) SEVERANCEIn the event that any provision of this Agreement is declared by any judicial or other competent authority to be void, voidable, illegal or otherwise unenforceable or indication of the same are received by either parties from any relevant competent authorities, the parties shall amend that provision in such reasonable manner as achieve the intention of the parties without illegality or at the sole discretion of Insert Here/Insert Here. If any of the provisions hereof are severed from this Agreement, the remaining provisions of this Agreement shall remain in full force and effect unless Insert Here/Insert Here in their sole discretion decide that the effect of such severance is to defeat the original intention of the parties in which event Insert Here/Insert Here shall be entitled to terminate this Agreement by sixty (60) days written notice to the counter-party and the provisions of Clause 14 shall apply accordingly.17) WHOLE AGREE