This AGENCY AGREEMENT is made by and between BYK Lines, Inc.
located as below and Shenzhen
Shipping Co., Ltd. (SOS), called and located
as below with respect to the agency agreement defined in the following articles.
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.
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.
2. Profit Split, Agency Fee and
Refund (vice versa)
a.
free agency fee(receiving agency fee)
routed
shipments (one-sided sales and routed)
b. if not
case #a
1. half share basis
2.
or routing party 70-30 agency
c. minimum agency fee
(if not #a + #b)
mutual development
case for nominated + mutual sales.
by how
box share per remarks
air
free AWB
sea
FAK usd15 W/M refund (consolidated
box)
sea FCL 20' usd50 box
sea
FCL 40' usd50 box
sea LCL usd50
B/L
3. Invoice and Payment(Telegraphic Transfer: TT)
Each party shall send the invoices
within 7 days after occurrence.
Each Party shall settle
down the invoice amounts monthly by TT.
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.
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 + 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.
9. Lien
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.
10. 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.
11. 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.
In witness whereof the parties have caused this agreement to be
executed in duplicate by their respective duly authorized officers
as of the date below written.
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