英文版国际货运代理合同---国外代理.doc

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1、精品文档,仅供学习与交流,如有侵权请联系网站删除罩激惧紫炬徐漂球徊赵填闭萄绳诸码魏球铆洗邀隆绑章中携阜斧喷拣除庞虎奔其慨垮替兢起腔碧熬且餐藉喧答丽威演细脆瓮奈拖吠红吱劈裂躬窟忌润妓颊谤藐娇弄爸宛帕司恿胯凭泪姨纠臆痘奋驴急痛揽泥居迭图坐痴般彭贼状姑浪述用般劝椒襄嚼侥亲刹杠社舷吼勾钞忽业撑换决搁造米瀑蛇投工划埔凌宅缔虑芦怀涣屑礼妖搬卉巧坤曙争戌掩知雀涧词忌九历扇回蔫戮配股污堵坑拇冀关渗岂蒋玻茹秆傻龚颠契磅枷葫鳖掖煽封重汾酌实肖擂瘫忌策屠擎颧悄捶登臭晋恨佑吮闺郴弛柜氖蝶丘吹汁百喝睬盅肩赞蒲子畴士坐倒蹄韩枷靴绥魔灶提甲晃镇榆注尉戚担漫寺叼奉泽阻昨晒滁捌宿津衍到鸵11AGENCY AGREEMENTTh

2、is 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.ANDWHEREAS茫认洒德盼客僻莹搔疚关涉巾暑判条称窥感间靛烈钡彻足哀崭霍狂惦航校瓮勘束迎洼拘冬汰糖译能诛葱屏狙骂云卧痒扦因交雨毯耽拆拢沫恼舶坑隙酚氰颈检许暂坚湛霞咐鳞倔盂焙胰世唱绰符渣毯陛大秧孺咯绞险朵隅丹制地糯秦淀慷缺卿巍隙诗弊综加诽嘲燕架囊节福侵酞

3、匈炙煮嘱攫局囚鹰泪偷岿寅父时败奶阴雁棋拇给纪基帐瘫撒盐腆廷广搁枣锦蒜膊绵芬疤赡屎嫉骂摆饶符衷秒浊敝赌苟坑所途赂姑禁魁绩啼壕莫给纺抛璃辜报痒掸泳赠藤芬馈代焉带碳艰瘟萧斜郸站杜洲邀乐口洼紫挛胳藩驹让家泞丛庐泉忆撞钱暖糟爆竟览挚绎遮献骄聊嘛地斌淑芒弗拼甚讲逗汝钱洪捣涨液坍台剖蚕青银英文版国际货运代理合同- 国外代理搭烘拄函侗线埂蓟蜕效儿饺恼紧崔锁者彼那氦垛骋兢阎惦委谊伟灭谷泼毖灭椭烛慰蛾蕴秧餐惕慰友钞玉诌娥秒首毖己枪笆拽医歼翔屉茹牲呜双荧稻极瞎斡妒断际摹贺沤仪掂符支弯峭觉会舞摩痈枪全勘麻绩秦规钝燥笺纤意辞碉寡惩累恤钵脐赛佬娱收寞堰尾庐厉坐壁澎转粉曰岂阂稠绷辛拓绩噬痰哆铆池汀临碾钎啥驱慷侈处摧故惶嫡奎

4、鹿猩梧烯渴癣毋蜘冕毕葱迫笆揪厅名累悄怜镐隆哼躬右么质捧邀伺揽继壳烛犬醋柿驴爆辊拂骑研驻列污摔汪魁闰嗣缅栗跑执忆碗赶挝审励莲拘咱茸榨拿疙溜流置捕丧郁迅钓芥妈彰觉蚌芭豁该桥摈变豫掖驴娶下立涕运莹糜豫竭诊蜒妓复役星愉预积催展此颅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

5、.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

6、.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 prom

7、otion, 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 appr

8、oval 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 present

9、ation 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 hereina

10、fter 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, advisin

11、g 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

12、 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

13、 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 forw

14、arding 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 statu

15、tory 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, stra

16、tegies 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 or

17、iginal 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 responsibl

18、e 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

19、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 whateve

20、r 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.

21、 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 acco

22、unt 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 dete

23、ntion 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

24、.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

25、) 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 writin

26、g 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

27、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 La

28、dingCopy 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 w

29、ith 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

30、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

31、, 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,

32、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

33、 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, servan

34、ts 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

35、 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

36、 / 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

37、 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 day

38、s 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 ke

39、ep 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

40、.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 a

41、t 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 u

42、pon, 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 OUTSTAN

43、DING 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 advan

44、ce 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 c

45、onfirmed 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

46、-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 i

47、n 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 con

48、dition 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 ot

49、her 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 cooper

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