SPG SHIPPING PVT. LTD.
In the spirit of mutual benefit, common exploitation and hand-in-hand development, we are looking for business partners world-wide and also for two way agencies, with an aim to provide better service for the customers by means of global service network. If you are interested in India market and intend to work together with us to explore this emerging market, and if you can meet the following requirements, you are mostly welcome to read our “Agency Agreement (draft)” :
At least two years’ experience in this field
In the possession of qualification certificate for NVOCC 3.
Good credit status and first class service commitment
This AGENCY AGREEMENT is made by and between SPG SHIPPING 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$ 500 they 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.
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.
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|Managing director||Managing director|