AGREEMENT-.SEAMARCO
Agency Agreement
It is hereby agreed between：
(here in after called “” )
And
NINGBO SEAMARCO INT'L LOGISTICS CO.,LTD
Add: Room A-1206,Lishi Building,No.787 Baizhang
East Road,Ningbo,P.R.China
Tel:+86 574 87977139
Fax:+86 574 87815169
(here in after called “seamarco” )
1.Appointment :
and SEAMARCO appoint each other to act as reciprocal representatives for Sea & Air shipments from China to Sri Lanka and vice versa.
2. Duties:
Both parties shall perform their duties as break bulk and sales agent, including servicing of customers, following up sales leads, handling of routing orders, arranging of the most efficient consolidations, preparing proper documents, collecting appropriate freight and other charges etc. 3. Non- delivery:
In case the consignee refuses to take delivery of the shipment and/or the consignee is unreachable, the agent at destination shall immediately notify the origin agent seeking instructions to dispose of the shipment. The agent at origin is responsible to contact the shipper at once in order to obtain
instructions and disposition for the shipment as soon as possible. Both parties understand that in case of non-delivery, shipper is responsible for payment of freight and other charges as well as any charges that may incur at destination during the period of disposition of the shipment.
4. Profit/Loss sharing:
4.1The profits for Routing Orders will be shared on 50:50 basis between sea/air freight selling rates and sea/air freight buying rates.
4.2 For freehand shipments consigned to the other party, there will be no handling fee or rebates for each other…
5. Inquiries & Quotation:
Requests for quotes must contain basic elements of prospective traffic, such as weight/dimensions, routings, carrier required, etc. Both parties will offer quotes to the other party based on email or fax. Quotations must be NET NET BUYING rates from airlines/shipping lines/truck fleet and must contain basic elements, such as carriers, freight, schedule, transit time, etc.
6. Accounting Settlement:
6.1 It is agreed that monthly statement, based on VESSEL’s DEPARTURE at origin. Statement of account will be provided by the 05th day after the end of the current month. All accounts confirmed by both parties for the current month shall be settled within 25 days after receiving the statement of account. unless the balance is below $1000, when it will be skipped to the following month. And upon receiving party request of amount exceeding $5,000 can be requested by the receiving party to settle the payment immediately.
(Example: Debit Note during January 2008, SOA to be sent by 05th of February 2008, payment must be made before the end of February 2008)
6.2 COD Shipment: COD service can be provided only with pre-concurrence of both parties otherwise either party shall not be liable in collection of COD-shipments. Remittance of COD shall be as indicated in paragraph 6.1 above.
6.3 In order to simplify accounting settlements, offsets and/or deductions are allowed only after pre-confirmation between accounting departments of both parties.
6.4 Accounts shall be settled in USD.
6.5 When US-currency is used for accounts settlement, the equivalent USD amount has to be converted in accordance with the exchange rate published by the local official bank.
6.6 All financial queries must be raised in writing with the respective traffic operations staff within 20 days of invoice date. Deduction from invoices without prior agreement/ approval by the other party are prohibited.
6.7 Payments to are to be sent to:
6.8 Payment to SEAMARCO are to be sent to:
COMPANY NAME：SEAMARCO INTERNATIONAL LOGISTICS（HK）LIMITED BENEFICIARY BANKER NAME：
THE HONGKONG AND SHANGHAI BANKING CORPORATION LIMITED BENEFICIARY ADDRESS：NO.1 QUEEN‘S ROAD CENTRAL HONGKONG BANK ACCOUNT：8012 9875 3838
SWIFT NO.:HSBCHKHHHKH
7. The receiving party (or SEAMARCO) is responsible to release
the shipment only to the designated party and/or to obtain a proper bank release or written endorsement if the shipment has to be delivered to a
party other than the designated consignee.
8. Acts of God :
Neither party to this agreement shall be held to be in default or breach for any failures hereunder due to an Act of god or the public enemy or the acts of any government in its government in its sovereign capacity.
9.Each Party shall bear its own expenses incurred in connection with the execution of this agreement, including banking charges, traveling, telex, fax, postage and other incidental expenses.
10.If a party is instructed to collect money of whatsoever from the customer,
such collection of money has to be effected in cash prior release of the consignment. If the instructed party fails to do so, it is responsible to pay the other party the full amount in that currency as stated on the respective invoice or freight documents. Howeve r, when collection can’t be effected in case the consignee refuses to take delivery of the shipment and/or the consignee is unreachable, the situation shall be as indicated in paragraph 3.
11. Term:
11.1 This agreement can be terminated with 60 days written notice in advance. Both parties may terminate this agreement giving written
notice art any time if the other party defaults in payment. Should this situation arise all kinds owing from to SEAMARCO , or vice versa, shall become immediately due and payable.
11.2 Amendments to the Agreement must be made in writing, dated and be signed by authorized official of each party.
11.3 Should this Agreement be terminated for any reason, neither party is released from the commitments under this Agreement to settle any accounts rightfully owed to the other party.
12. Indemnity:
SEAMARCO agrees to indemnity and hold harmless against any loss, damage or liability, which may incur through act or commission of , agrees to do the same for SEAMARCO.
13. Applicable Laws and Arbitration :
13.1 This agreement shall be governed by and constructed in accordance
with the laws of SRI LANKA and China.
13.2 All disputes, controversies, or differences, which may arise between
the parties; out of or in relation to or in connection with this agreement, or for the breach thereof, shall be settled amicably between the parties hereto. However, should the concerned parties fail to reach a compromise, then and in the event only, the dispute, controversy, or differences shall be finally settled by an arbitration board in the country where the said disputes incurred. The arbitration