This AGENCY AGREEMENT is made by and
between EVERWIN SHIPPING (XIAMEN) CO LTD
located as below and ________ , called
and located as below with respect to the
agency agreement defined in the following
articles. Both companies when acting as
the agents / representative for the other,
will render prompt and efficient actions
in conducting the services required in
accordance with the other company¨s reasonable
instruction. The companies agree to provide
adequate and suitable information for
such performance, such as pre-advise e-mail
or fax for all shipments consigned to
each other, giving following details:
1. Scope of Agreement
a. Each party is to act as an official
agent for the other in the field of FREIGHT
FORWARDING by Sea and Air.
b. Each party shall issue Bills of Lading(hereafter
Bs/L) as to the Shipping Request and send
its agent the Bs/L by mail, by email or
by fax. The counter party shall be responsible
for collecting the original Bs/L from
the consignee. At the same time both agent
must issue arrival notice(s) to client(s)
not later than 24 Hours before vessel
arrive.
c. Both parties will protect mutual
benefits by avoiding the extra- charges,
and supplying its agent the necessary
information such as freight rates, clients'
details, market situation, etc.
d. Both parties shall have a lien on
the goods for any amount due under this
contract including storage and for the
cost of recovering the same, and may enforce
such a lien in any reasonable manner.
e. Both agents must reply all faxes/emails
by over night.1)
2. AGENCY FEE.
a. it will be discussed case by case.
normally split by 50-50%, or routing party-70%:30%-agent
b. minimum profit (agency fee) should
be (if not #a. case)
by how box share per remarks
air usd10 HBL
sea FCL 20' usd30 box
sea FCL 40' usd40 box
sea LCL nil W/M
c. Free handle for some case if it necessary
only for especially case.
3. ACCOUNTING / FINANCE.
With every shipment detail both agents
will send debit/credit invoices.Each party
shall send the invoices within 7 days
after occurrence.
Each Party shall settle down the invoice
amounts monthly by TT (Telegraphic Transfer:
TT)if the charge exceed usd500 .otherwise
settle down the invoice when the amounts
reach usd500. Should any party own the
other exceed US$ 500they should wire transfer
to other not later then 15th day of the
month. Prefer to keeping the balance Zero
by adjusting the freight term of MB/L
and HB/L to avoid the TTF. For a special, each shall invoice
and remit right away.
4. Data interchange and security
Each Party is to interchange the data
so as to manifest, invoice, etc for efficient
business. Each party is also to keep the
data secured to avoid any damage or loss
from the leakage of data. Both companies
agree to work with the other, and endeavor
to generate further business by furnishing
the other with sales leads, identifying
potential shippers of consignees. Both
companies will also engage in active canvassing
on behalf of the other and will administer
routing orders served by the other company.
5. Liability and Indemnity
Both parties must act in strict accordance
with this contract, decrees and laws,
both national and regional respectively.
Liability and Indemnity is respectively
to hold and indemnify each other responsible
for damage, delay or loss caused by negligence,
omission, misconduct or misrepresentation
by the other party. In the event of proven
negligence, the liability shall not exceed
the value of the merchandise or invoice
value of goods lost, damaged or delayed,
whichever is less.
6. Arbitration and Jurisdiction
All disputes, which cannot be solved
amicably, shall be settled by arbitration.
Both parties agree to put the case to
the board of arbitrators acceptable both
parties.
Action against each party may only be
instituted in the country where the counter
party has his principal place of business
and shall be decided according to the
law of that country.
7. Report + Presenting
If a party has any problems in proceeding
with its job, or if it has any thing to
report, it shall report it to its agent.
If one party receives a claim from shipper
or consignee, the counter party shall
present all concerned documents to its
agent.c)
8. Liability with Servants and
Sub-contractors
Without counter party's consent a party
cannot hand over the duty and/or right
to another party. Both parties shall be
responsible for any loss or damage resulting
from handing over duty and/or rights to
Servants and Sub-contractors. In the event
that a consignee does not want one of
the companies to perform the customs clearance
and or delivery, the company concerned
will hand over all necessary and related
documents to the consignee or his agent
without any delay, but only after securing
payments of any collect charges.
9. Effective Period
This agreement shall be effective on
and after the signature date below and
shall remain in force unless amendment
or termination by either party with written
notice to the counter party.
10. Amendment and Termination
It can be amended at any time by mutual
consent in writing.
If there is no shipment for 1 year since
the last shipment, this agreement automatically
expires. Or the termination will be effective
after 30 days of the written notice that
be presented by any of parties by fax,
email or mail to terminate. It is based on the two original
agreements signed as below.
