货代的AGENCY AGREEMENT

AGENCY AGREEMENT This 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 WITNESSED That 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 PURPOSE This 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 EXCLUSIVITY Both 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 RESPONSABILITIES A 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 consignee s passport copy for identification 5 REMUNERATION 5 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 10 xH 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 a 6 ACCOUNTING 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 LIABILITY Each part will have covered its own responsibility 代理代号 Insurance Co Number XXX Insurance Co Number 10 ARBITRATION All 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 JURISDICTION This Agency Agreement and relations between both parties shall be governed in accordance with the law and jurisdiction of the country of the party bringing the legal action 此处牵涉用谁的提单 便到那里去告 12 DURATION This Agency Agreement shall be validated for one year from the date of acceptance but it is subject to cancellation THIRTY DAYS 30 by written notice given by either party prior to the date of termination Otherwise this agreement will be automatically extended for the following year and thereafter on the same day This Agency Agreement has been executed in duplicates with one copy for each party and both copies shall be deemed as originals In Witness whereof the parties have hereunder subscribed their names and signatures on the day 1st Of May 2010 For and on behalf of For and of behalf of XXX 代理代号 Name Name