Terms and Conditions of Carriage for International Freight Forwarding Services
International Freight Transportation Cooperation Agreement
Agreement Number:
Person: (hereinafter referred to as Party A)
Address:
Telephone:
Legal Representative:
Carrier: Guangzhou Jf Express Co.,ltd. (hereinafter referred to as Party B)
Address: 1/F,NO 32, Xi peng ling Lu, Hebian ,Helong street,Baiyun District, Guangzhou, China
Telephone: 020-26271079
Legal Representative: Chris Zou
After friendly consultation between the two parties, based on the principles of mutual benefit and sincere cooperation, Party A agrees that Party B will act as Party A's freight agent and be responsible for the international freight transportation business entrusted by Party A. In order to ensure the quality of transportation and clarify the rights, obligations and responsibilities of both parties, this agency agreement is hereby signed. The specific contents are as follows:
I. Agency Content
Party B accepts the entrustment of Party A and signs an international air or international shipping contract with the shipping company in the name of Party B, and handles international cargo transportation for the benefit of Party A.
II. Applicable laws and regulations
This contract is subject to the provisions of international conventions such as the Economic Contract Law of the People's Republic of China, the Regulations of the People's Republic of China on the Administration of International Freight Forwarding Industry and its Implementation Rules, the Warsaw Convention, and the Hague Protocol.
III. Agency Term
This contract is valid from X/X/20XX to X/X/20XX. If neither Party A nor Party B requests in writing to terminate the agreement upon expiration of the contract, this agreement will be automatically extended for one year.
IV. Agency Fees and Settlement Methods
1. Air freight and freight charges are settled by ticket, and the bill of lading is paid after payment.
2. After each ticket operation is completed, Party B will send a detailed list of all the ticket operations to Party A for confirmation, and Party A will confirm it to Party B within three working days. If not confirmed, it will be deemed as default.
3. If Party A fails to pay the relevant fees in accordance with the provisions of the above paragraph, Party B has the right to temporarily detain any documents and goods of Party A, and charge a penalty of 0.3% of the unpaid amount per day from the second day after the stipulated payment time is overdue until Party A has paid in full.
V. Liability of both parties
(I) Liability of Party A
1. When Party A entrusts Party B to transport, it must provide Party B with detailed information on the transportation of goods in advance, including: the name, quantity, weight, volume, packaging, freight, value of goods, and the name, address, contact number of the consignee, etc., and fill in the information in the air freight entrustment (Shipper’s Instruction from) or the sea freight entrustment (Shipping Order) by email or fax to Party B. The entrustment must be stamped with Party A’s official seal or business seal, otherwise Party B has the right to refuse Party A’s entrustment. The email (scanned copy), QQ, WeChat or fax copy is equivalent to the original. Indicate the relevant business requirements. And promise to use Party B’s waybill and services in accordance with Party B’s standard operating terms.
2. Party A guarantees the legality of the goods entrusted for transportation and the correctness and authenticity of the filled-in power of attorney. It must comply with the requirements of the Civil Aviation Administration and international air cargo transportation rules. The consigned goods must have correct labels and packaging suitable for transportation.
3. The goods provided by Party A must be properly packaged to be suitable for moisture, humidity, shock, rust and necessary loading and unloading during the entire process of air and ocean transportation to ensure that the cargo will not be damaged due to the above reasons and arrive at the destination intact and safe. Any loss caused by poor packaging or the nature of the goods itself shall be borne by Party A, and the loss of other goods or equipment caused by this shall also be borne by Party A. Party A must mark the outer packaging of the goods in a conspicuous place according to international practice, display the box mark and warning signs.
4. A full set of customs declaration materials and relevant department documents should be provided to Party B on time and correctly, and the delivery procedures should be completed in time according to Party B's notice.
5. Party A shall be responsible for the correctness of the contents filled in on the consignment documents of the goods. If the information is incorrect, Party A shall bear the economic responsibility arising therefrom.
6. Party A is responsible for the insurance of the goods it has consigned. If Party A needs to entrust Party B to handle aviation or maritime transport insurance, it should be noted on the (consignment note) and the insurance value of the goods should be written.
7. Party A should comply with the relevant regulations on aviation or maritime cargo transportation, and it is prohibited to consign flammable, explosive, drugs and other prohibited items. If Party A violates this regulation, all consequences caused shall be borne by Party A.
8. If Party A has any objection to the bill of lading faxed by Party B, it shall notify Party B immediately. If Party A does not notify Party B immediately, Party B will regard Party A as having acquiesced to the contents of the bill of lading.
9. Party A must notify Party B of the estimated time of shipment in advance. In case of special circumstances, Party A shall notify Party B by phone in advance so that Party B can make necessary arrangements. Otherwise, the resulting expenses and responsibilities shall be borne by Party A.
10. If the loading is done at the dock, Party A must send personnel to supervise the loading, and Party A will not be exempted from liability for giving up the supervision.
(II) Party B's responsibilities
1. Party B shall provide Party A with the corresponding quotation upon Party A's request and obtain Party A's confirmation.
2. The operating vehicles provided by Party B shall have legal operating qualifications.
3. Party B shall handle booking, bill making, customs declaration, shipment and other related matters in a timely manner according to Party A's cargo entrustment transportation information, and shall promptly notify Party A of the booking situation, and provide Party A with the accurate bill of lading number, number of pieces, weight, flight number and other information in writing.
4. Party B shall arrange for the pickup/trailer to load the goods at the designated address according to the requirements of Party A's consignment note, and arrange for the shipment of Party B's goods within the scheduled time. If Party A's customer provides a request for return or exchange of goods after loading and shipment, Party B must handle it only after receiving clear instructions from Party A, but the resulting responsibilities and expenses shall be borne by Party A.
5. After the goods are loaded into the container provided by Party B, which is issued by the airline or shipping company and meets the transportation requirements, Party B shall not replace the container for any reason without Party A's consent, and Party B shall not install non-Party A's goods in Party A's container. (Except for bulk cargo consolidation).
6. Party B should understand and master the dynamics of flight or transportation period. If the airline or shipping company fails to deliver the goods on time due to abnormal circumstances, Party B must promptly notify Party A of the relevant announcement. If the goods cannot be delivered to the destination as originally planned due to the reasons of the airline or shipping company, Party B will not be responsible. Party A cannot deduct or reduce Party B's relevant transportation and miscellaneous expenses on this ground. Party B has the obligation to assist Party A in recovering relevant responsibilities from the airline or shipping company. Whether the responsibility is recovered or not, it will not affect Party A's payment of transportation and miscellaneous expenses to Party B as scheduled.
7. Party B needs to assist Party A in inquiring about the transportation of the goods and provide relevant inquiry methods or contact information.
8. Party B must properly keep Party A's documents. If the documents are lost or destroyed due to Party B's reasons, Party B must bear the corresponding legal responsibilities.
9. Party B is not responsible for the insurance of Party A's goods. If the goods are damaged or lost due to Party B's reasons, they will be handled in accordance with the "International Convention" and relevant domestic transportation regulations. If the goods are damaged or lost due to reasons other than Party B's, Party B is only responsible for assisting in the calculation of liability and is not responsible for compensation.
10. After the goods arrive at the destination, if the consignee refuses to receive the goods or the consignee's information is unclear, Party A should be notified as soon as possible so that it can be handled in accordance with legal provisions.
11. Party B should review the documents provided by Party A. If it is found that the documents are incomplete or there is an obvious discrepancy between the documents and the goods, Party B should immediately notify Party A and assist Party A in changing the documents.
12. If Party B changes the confirmed flight and ship date due to reasons such as the airline company or force majeure, Party B must immediately notify Party A and take active measures to assist Party A in delivering the goods to the destination as soon as possible.
VI. Cargo accidents and liability for breach of contract
1. If Party B is unable to clear customs and ship due to the discrepancy between the information provided by Party A and the goods, the loss shall be borne by Party A.
2. Party B shall arrange a trailer to load the goods at the designated location of Party A on time according to Party A's requirements. If the vehicle is pressed due to Party A's fault (the transport vehicle needs to stay overnight at the loading point), the excess cost shall be borne by Party A.
3. Party B shall not be liable for losses caused by reasons not listed:
1) Force majeure.
2) Deterioration, reduction, damage or destruction caused by the nature of the goods themselves.
3) Packaging defects or poor container quality, but cannot be found from the outside.
4) The packaging is complete, there is no abnormality on the outside, but the internal parts are missing or damaged.
5) Fault of the consignor or consignee.
6) The goods are delayed in arriving at the destination port/airport due to flight changes of airlines or shipping companies.
7) Due to temporary cargo transportation by airlines, wrong cargo unloading at transit stations, missing cargo, wrong destination port/airport, bills without goods or goods without bills, etc.
8) If the goods are damaged or reduced during transportation, Party A shall be notified immediately, and the responsible insurance company shall follow up. If a claim occurs, it shall be handled according to the terms of the bill of lading.
4. After the goods arrive at the destination, if Party A or the designated consignee finds that the goods are damaged, missing or lost, they must obtain a transportation accident certificate from the airline or relevant transportation department when picking up the goods, and notify Party B in time so that it can be handled in time in accordance with relevant regulations.
5. If the above accident is the responsibility of the airline, Party A and Party B shall file a claim with the airline. If the above accident is the responsibility of Party B, Party B shall compensate Party A in accordance with the standard operating terms; if it is the responsibility of Party A, Party B will not be liable for compensation.
6. In the case of damaged goods, Party A or the designated consignee should raise objections and request claims in accordance with the law after receiving the goods, that is, formally file a claim with the airline within fourteen days of receiving the goods and submit all relevant documents; if the goods are delayed, Party A or the designated consignee shall raise objections within the period prescribed by law, but whether Party A raises an objection during the prescribed objection period, Party A cannot detain, delay payment or refuse to pay the air freight and freight charges payable to Party B on the grounds of damage or delay of the goods.
7. If the consignor or consignee files a claim or lawsuit against the airline, it should be filed in accordance with relevant legal provisions, and both parties A and B are obliged to assist in handling it.
8. If Party A fails to pay the relevant freight to Party B on time during the contract period, Party B has the right to charge a late payment fee of 0.3% of the relevant freight every day.
9. If Party A fails to pay the relevant freight on time during the contract period, Party B has the right to unilaterally adjust or cancel Party A's credit time and credit limit, and Party A must pay the arrears claimed by Party B and bear the legal lawyer and court fees caused by it.
VII. Dispute Resolution
If the parties to the contract have disputes in the execution of this contract, they may negotiate to resolve them first. If the negotiation fails to reach a consensus, the parties jointly agree that the Guangzhou Baiyun District People's Court, where the contract is signed, shall handle it.
VIII. Changes and Termination of the Agreement:
1. If there are any changes or supplements to the agreement, they shall be supplemented in the form of an annex after consultation between the two parties, and the supplementary agreement shall have the same legal effect as the original agreement.
2. If the agreement needs to be terminated in advance, the other party must be notified in writing 30 days in advance. The termination of the agreement does not affect the collection of fees for completed business.
IX. Confidentiality and timeliness
1. The entire content of this agreement is a commercial secret. Since the signing and effectiveness, including during the validity period or after the termination of the cooperation, both parties A and B shall abide by the confidentiality agreement and shall not disclose the other party's commercial secrets to a third party. If any loss is caused to the other party, the leaking party shall bear legal responsibility.
2. The validity period of this agreement is from February 1, 2021 to January 31, 2023. After the expiration of the agreement, if both parties have no objection, the validity period of the agreement will be automatically extended for one year.
3. When signing the agreement, both parties must attach a copy of the company's business license and affix the official seal as an annex to the agreement.
4. This contract shall come into effect after being signed and sealed by both parties. This contract is in duplicate, with each party holding one copy, and has the same legal effect.
Party A:
Party A address:
Party A representative
Contact number:
Signing time: 20XX-X-X
Sign:
Party B: Guangzhou Jf Express Co.,ltd.
Party B address: 1/F,NO 32, Xi peng ling Lu, Hebian ,Helong street,Baiyun District, Guangzhou, China
Party B representative: Chris zou
Contact number: 020-26271079
Signing time: 20XX-X-X
Sign:
