Nowadays, logistics contracts for export goods transportation are becoming more and more common in our daily life, which means that our legal awareness is increasing day by day, and contracts can better help us protect our rights. The following is the logistics contract for export goods transportation. Welcome to read it.
Logistics contract for export goods transportation 1
Party A:
Address:
Postal code:
Telephone:
Fax:
Party B:
Address:
Postal code:
Telephone:
Fax:
Through equal and friendly consultation, Party A and Party B signed the following agreement on the export and transportation of air cargo on.
(1) Entrust matters
Party A accepts the entrustment of Party B to undertake the export air transport business. Party B entrusts Party A as its agent to arrange the delivery, export customs declaration, inspection and quarantine of export commodities.
(2) Party B shall submit a power of attorney for export transportation (hereinafter referred to as "power of attorney" or "consignment note") to Party A in written form (including letter, fax, telegram and telex) five working days before each shipment.
"Power of Attorney" shall include but not limited to the following contents:
The name, name, address and contact information of the shipper;
The name, name, address and contact information of the consignee;
Name, name, address and contact information of the notifying party;
Flight number, date, port of origin and port of destination;
Name, quantity, weight, volume and declared value of the goods;
Standards and payment methods for freight and other expenses;
The shipper's signature, seal and date.
If the power of attorney submitted by Party B is not signed and sealed and lacks some or all of the above contents, Party B shall make corrections according to Party A's requirements, otherwise Party A has the right to refuse to accept the entrustment.
(3) Where Party B entrusts Party A to handle the export customs declaration and inspection and quarantine of export commodities on its behalf, it shall provide Party A with the documents and materials needed for handling the above matters in time. Party B shall be responsible for the authenticity, legality and completeness of the documents and materials provided by it.
(4) After Party B sends the entrustment to Party A, if it wants to cancel or change the entrusted items and contents, it shall be put forward in writing, and with the consent of Party A, Party B shall compensate Party A for the extra expenses arising therefrom.
(V) Receiving goods If Party A finds that the surface condition (including the outer packaging) of Party B's goods is poor at the time of receiving goods, Party A has the right to refuse receiving goods. If Party B fails to improve the goods and their packaging within the time required by Party A, Party A has the right to stop delivering the goods for Party B. If the goods cannot be discharged from the port within the time specified by Party B due to Party A's reasons, Party B has the right to claim damages from Party A. ..
(6) Requirements for goods
Party B shall not carry prohibited or restricted articles and dangerous goods in its consignment. Provisions on prohibiting or restricting the transport of goods and dangerous goods shall be subject to the express provisions of international conventions, relevant national laws, regulations and rules, and trade associations. If Party B lies about the commodity name and carries the above-mentioned articles, Party B shall bear all the losses caused to Party A thereby.
(VII) Party B shall pay all miscellaneous expenses related to the transportation of goods to Party A..
Party B shall pay the corresponding amount to Party A within 30 days after the goods take off.
(VIII) Any matters related to this Agreement shall be governed by the laws, regulations and relevant international conventions of People's Republic of China (PRC).
(9) Modification and supplement of the agreement
Amendments and supplements to this Agreement shall be made in writing and confirmed by both parties in writing. Amendments and supplements shall take effect from the date of written confirmation by both parties.
(X) This Agreement shall come into force as of the date when both parties seal it. This agreement is valid until the date of.
(1 1) This agreement is confirmed by fax and has the same legal effect.
(12) Signing place:
Party A:
Date: Year Month Day
Party B:
Date: Year Month Day
No. of export goods transportation contract: Logistics Contract 2: _ _ _ _ _ _
Entrusting party (Party A): _ _ _ _ _ _ _
Trustee (Party B): _ _ _ _ _ _
According to the relevant provisions of the Contract Law of People's Republic of China (PRC), based on the principle of mutual benefit and the purpose of mutual cooperation and support, Party A and Party B have reached the following agreement through friendly negotiation on matters such as Party A entrusting Party B as a freight forwarder.
Article 1 Responsibilities and obligations of Party A
1. Party A shall notify Party B of the arrival of the goods at least _ _ _ _ _ _ (three days before the arrival of the ship and 24 hours before the arrival of the flight), and provide relevant documents, including ocean bills of lading, air bills of lading, cargo information, customs declaration and inspection documents, etc. So that Party B can arrange to change the bill and review relevant documents in advance.
2. The imported goods entrusted by Party A to Party B for customs declaration must be truthfully declared in accordance with the relevant regulations of People's Republic of China (PRC), China Customs, commodity inspection and quarantine and relevant departments on imported goods.
3. Party A is responsible for providing all or part of the following documents and materials according to Party B's requirements: power of attorney for customs declaration and power of attorney for inspection; Manual; Original bill of lading, invoice, packing list and contract; If the import license required for customs declaration is dangerous goods, provide relevant documents; Other documents and documents related to import and export freight.
4. If the customs declaration time of the goods is delayed due to Party A or any of the following reasons, the risks, responsibilities and expenses shall be borne by Party A, but not by Party B:
(1) The bill of lading cannot be exchanged normally in the company due to the reasons of the buyer and the seller (for example, the bill of lading has not been released, the freight has not been settled, etc.). );
(2) Party A fails to provide all the information required for import declaration in time;
(3) Delays caused by inaccurate customs declaration materials provided by Party A;
(4) In the process of customs clearance, due to the requirements of the customs and other relevant departments, it is necessary to supplement or modify relevant documents and relevant explanatory materials, but Party A fails to provide them in time;
(5) In case of legal holidays or when relevant departments can't work normally;
(6) Goods that must be exported to Hong Kong due to port requirements and regulations;
(7) Other irresistible reasons of Party A..
5. Party A shall bear the expenses and responsibilities such as container delay fee, container pollution fee and container repair fee that are not caused by Party B, and Party B shall try its best to assist Party A to solve them through negotiation.
Article 2 Responsibilities and Obligations of Party B
1. Party B shall timely and reasonably arrange the bill change, customs declaration and transportation of imported goods entrusted by Party A. ..
2. Party B shall inform Party A of the customs declaration progress and estimated delivery time in time, so that Party A can arrange the loading and unloading of the warehouse reasonably.
3. Party B shall actively assist Party A to solve various problems and situations in the process of customs declaration, including the provision, explanation and explanation of documents.
4. Party B shall complete the customs clearance as soon as possible and deliver the goods to the designated place according to Party A's instructions.
Article 3 Settlement of expenses
1. According to the relevant regulations of the customs, Party A shall pay the import duties and value-added tax of the goods to the customs by itself. Under special circumstances, Party B may be entrusted to pay, but Party B shall not pay in advance.
2. Freight (sea freight, thc and air freight) shall be paid by Party A.. Under special circumstances, Party B may be entrusted to pay for it, but Party B will not pay any fees in advance. If Party A fails to provide import and export goods documents or pay import duty and value-added tax limit checks, relevant expenses, such as deferred payment, container delay fee, port fee, late payment fee, warehouse transfer fee, etc., shall be borne by Party A after confirmation by Party A. ..
3. If Party B fails to receive the fees payable by Party A for various reasons, Party B has the right to temporarily detain the goods entrusted to Party B by Party A or the business documents belonging to Party A, and Party B will not bear the risks, responsibilities and expenses arising therefrom.
4. Party A shall not bear the special expenses and responsibilities not caused by Party A. ..
5. The attachment is the quotation for the transportation cost of imported goods.
Article 4 Method of settlement
Party B shall submit this month's bill to Party A before _ _ _ every month (in case of reimbursement, an invoice will be provided), and Party A will notify Party B to issue a formal invoice after verification, and pay within _ _ _ days after the invoice is issued.
Article 5 Destruction of goods
If Party A fails to declare the value of the goods, and the goods are damaged due to the reasons of the carrier or Party B, compensation shall be made according to the actual loss of the goods. However, the maximum amount of compensation shall be calculated according to the gross weight of the damaged goods, that is, RMB _ _ _ _ _ _ _ _.
Article 6 inspection
During the transportation, the quantity, weight and volume of the goods recorded by Party A on the waybill are slightly different from those actually consigned. The exact quantity, weight and volume of the goods shall be checked by Party B when Party B receives the goods. If Party A disagrees with Party B's inspection results, it may apply to Party B for joint inspection in written form. If the results of the joint inspection differ greatly from those of Party B, the inspection expenses shall be borne by Party B, otherwise, the inspection expenses shall be borne by Party A. If the exact quantity, weight and volume of the goods differ greatly from those recorded by Party A on the air waybill, Party B has the right to choose the transportation agent who refuses to accept the goods, and Party A shall be responsible for compensating the losses caused to Party B therefrom. ..
Article 7 Guarantee
In order to successfully perform this agreement and settle the accounts on time, Party B shall provide a deposit of RMB _ _ _ _ _ _ _ _ _ _ _ _ yuan or equivalent real estate mortgage.
Article 8 Transfer
Without the written consent of Party A, Party B shall not transfer or authorize all or part of Party B's rights and other responsibilities stipulated in this Agreement to any third party.
Article 9 Liability for breach of contract
1. if party b fails to pay the fees to party a according to this agreement, or the payment is incomplete, party b must pay _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
2. If Party B fails to perform all the expenses for a certain month for _ _ _ _ _ days without justifiable reasons, or the expenses owed exceed all the payable expenses, Party A may terminate the agreement according to the provisions of the preceding paragraph and demand liquidated damages.
3. If Party A and Party B violate this Agreement and cause losses to the other party, they shall compensate the other party according to the actual losses at the time of breach.
Article 10 Offset
The liquidated damages or other payments that Party B should pay to Party A according to the law or this agreement will be regarded as the creditor's right that Party A can claim against Party B. In order to realize this creditor's right, both parties agree that Party A can claim to directly deduct from the payment that Party A should pay to Party B under this agreement or other payments that Party A should pay to Party B until the offset is completed, and Party B certainly agrees to make up the deficiency. Party A's failure to deduct the amount payable to Party B shall not be deemed as a waiver of Party A's claim for liquidated damages or money.
Article 1 1 terminated.
1. If Party A fails to perform its obligations under this contract in a timely, comprehensive and correct manner, Party B will urge Party A to perform it correctly in writing. If Party A fails to correct the situation within _ _ _ _ _ days after Party B's urging, Party B will have the right to terminate this contract. However, if Party B fails to claim the right to dissolve this contract from Party A within _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
2. If one party to the contract fails to pay off the due debts or enters bankruptcy proceedings for other reasons, the other party has the right to terminate the contract after notifying the other party in writing. If Party A is unable to perform this contract or the performance of this contract becomes a heavy burden for Party A due to operational difficulties, Party B shall grant Party A the right to terminate this contract.
3. For the purpose of reciprocity, if Party B fails to perform the obligations stipulated in this contract in a timely, comprehensive and correct manner, Party A will urge Party B to perform it correctly in writing, and if Party B fails to make rectification within _ _ _ _ _ days after Party A's urging, Party A will have the right to terminate this contract.
4. After the contract is terminated, Party B shall return the relevant documents and materials provided by Party A to Party B in time, and shall not keep or copy them without the consent of Party A..
5. Despite the above agreement, if Party B still has Party A's business in progress after the termination of the contract, Party B shall still complete it properly, and Party A will of course pay relevant fees to Party B according to the charging standard of this agreement. If Party B violates this clause and causes losses to Party A, Party B shall be responsible for compensation.
Article 12 representations and warranties
Party A:
1. Party A is a legally established and existing enterprise, and has the right to sign and have the ability to perform this contract.
2. All procedures required for Party A to sign and perform this contract have been completed and are legal and effective.
3. At the time of signing this contract, no court, arbitration institution, administrative organ or regulatory body has made any judgment, ruling, ruling or specific administrative act that may have a significant adverse impact on Party A's performance of this contract.
4. The internal authorization procedures required for Party A to sign this contract have been completed, and the signatory of this contract is the legal representative or authorized representative of Party A. After this contract comes into effect, it is legally binding on both parties.
Party B:
1. Party B is a legally established and existing enterprise, and has the right to sign and have the ability to perform this contract.
2. All procedures required for Party B to sign and perform this contract have been completed and are legal and effective.
3. At the time of signing this contract, no court, arbitration institution, administrative organ or regulatory body has made any judgment, ruling, ruling or specific administrative act that may have a significant adverse impact on Party B's performance of this contract.
4. The internal authorization procedures required for Party B to sign this contract have been completed, and the signatory of this contract is the legal representative or authorized representative of Party B. After this contract comes into effect, it is legally binding on both parties.
Article 13 Confidentiality
Both parties promise to keep confidential the business secrets (technical information, business information and other business secrets) obtained from the other party that cannot be obtained through public channels. Without the consent of the original provider of the trade secret, one party shall not disclose all or part of the trade secret to any third party. Unless otherwise stipulated by laws and regulations or otherwise agreed by both parties. The confidentiality period is _ _ _ _ _ _ _ years.
If one party violates the above confidentiality obligations, it shall bear the corresponding liabilities for breach of contract and compensate the losses caused thereby.
Article 14 Force Majeure
Force majeure as mentioned in this contract refers to unforeseeable, insurmountable and unavoidable objective events that have a significant impact on one party, including but not limited to natural disasters such as floods, earthquakes, fires and storms, and social events such as wars, turmoil and government actions.
If the contract cannot be performed due to force majeure, the party with force majeure shall immediately notify the other party of the accident in writing. And shall provide the details of the accident and the written information of the inability to perform the contract or the need to postpone the performance within _ _ _ _ _ _ _ _ _ _ years.
Article 15 Notice
1. All notices required under this contract, document exchange between both parties and notices and requirements related to this contract must be in written form and can be delivered by _ _ _ _ _ _ _ (letter, fax, telegram, face-to-face delivery, etc.). ). If the above methods cannot be delivered, you can take the form of announcement.
2. The mailing addresses of all parties are as follows: _ _ _ _ _ _ _ _.
3. If one party changes its notice or mailing address, it shall notify the other party in writing within _ _ _ _ _ days from the date of change; Otherwise, the uninformed party shall bear the corresponding responsibilities arising therefrom.
Article 16 Handling of disputes
1. This contract shall be governed by and interpreted in accordance with the law.
2. Disputes arising from the performance of this contract shall be settled by both parties through consultation, or mediated by relevant departments; If negotiation or mediation fails, it shall be settled in the following _ _ _ _ _ _ _ way:
(1) Submit to _ _ _ _ _ _ _ Arbitration Commission for arbitration;
(2) bring a lawsuit to the people's court according to law.
Article 17 Interpretation
The understanding and interpretation of this contract should be based on the purpose of the contract and the original intention of the text. The title of this contract is only for the convenience of reading and shall not affect the interpretation of this contract.
Article 18 Supplement and Annex
Matters not covered in this contract shall be implemented in accordance with relevant laws and regulations. Where there are no provisions in laws and regulations, both parties may reach a written supplementary agreement. The annexes and supplementary contracts of this contract are an integral part of this contract and have the same legal effect as this contract.
Article 19 the validity of a contract
This contract shall come into effect as of the date when both parties or their legal representatives or authorized representatives sign and affix their official seals. The validity period is _ _ _ _ _ _ _ years, starting from _ _ _ _ _ _ _. The original contract is in _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Party A (seal): _ _ _ _ Party B (seal): _ _ _ _ _ _
Representative (signature): _ _ _ _ Representative (signature): _ _ _ _ _ _
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Signing place: _ _ _ _ _ Signing place: _ _ _ _ _ _
Export Goods Transportation Logistics Contract 3 Party A: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Party B: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Through friendly negotiation, Party A and Party B have reached the following agreement on Party A entrusting Party B with shipping export freight business:
I. Responsibilities of both parties
1. As the freight forwarder of Party A, Party A shall provide the shipping schedule and other relevant information to Party A on a regular basis.
2. Party A shall fill in the power of attorney with correct, complete and true contents according to the requirements of the Power of Attorney for Export Freight, and affix the official seal to Party B to allocate the ship. If you need to inquire about the ship or the shipping company, you should indicate it in the power of attorney.
3. Party B shall carefully review Party A's export freight information, allocate the ship according to Party A's requirements on packaging, validity period and stocking, and submit the ship allocation receipt to Party A in time to arrange related matters.
4. Party A is responsible for providing Party B with the required information and corresponding cooperation on time (information: consignee's full name, address, telephone number, commodity name, model, quantity, gross weight, net weight, cubic number, destination port, unit price, total price, customs code, verification form, customs declaration power of attorney, etc.). ). Party A shall provide it to Party B 7 days in advance, and the consequences caused by the delay in providing information.
5. If Party A requests to change the information, it shall issue a written change order and notify Party B _ _ _ _ days before the ship sails. If there is any change, the expenses shall be borne by Party A..
6. Taiwan Province Keelung sea freight: _ _ _ _ _ _ _ _; The inland freight from Shanghai to the factory is _ _ _ _ _ _ _.
Second, the cost and settlement
1. At the request of Party A, Party B agrees to settle the monthly sea freight and related expenses according to the following method.
(1) Payment Release (2) Reserve Fund (3) Transfer (4) Draft
2. Party A shall pay Party B the sea freight and related expenses at the agreed time. If Party A fails to fulfill its payment obligations, Party B has the right to detain Party A's goods, bills of lading and related documents, and Party A shall bear the responsibilities and expenses arising therefrom.
On the second day after sailing, Party B will fax the bill of lading directly to your company. And within 35 days, on the premise that Party A settles the payment, return the verification form to Party B. ..
Three. other terms
1. The power of attorney for export freight is an integral part of the agreement and an offer and commitment to implement the subject matter of the agreement in stages.
2. If the sea freight and related expenses agreed in the domestic paragraph are adjusted, both parties shall promptly notify the other party and make corresponding adjustments.
3. Matters not covered in this Agreement shall be settled by both parties through friendly negotiation. If it fails, it shall be decided by the court where Party B is located.
4. This agreement shall come into force as of the date of signing, and the validity period shall be one year. If both parties have no objection to the expiration date, the agreement will be postponed automatically. If either party raises an objection or terminates the agreement, it must notify the other party in writing one month in advance.
5. This Agreement is made in duplicate, with each party holding one copy.
Party A: _ _ _ _ _ _ _
Signature: _ _ _ _ _ _ _ _ _
Party B: _ _ _ _ _ _ _ _ _
Signature: _ _ _ _ _ _ _ _ _