保税区出口拼箱代理协议
AGENCY AGREEMENT OF EXPORT LCL OPERATION IN BONDED AREA
甲乙双方经过友好协商,就甲乙双方在保税区内进行出口拼箱业务操作的相关事项达成如下协议:
Through friendly consultations, Party A and Party B reached the following agreements as to related matters of export LCL business operation in Bonded Area:
一、甲方委托乙方作为其在保税区出口拼箱货物仓储保管,乙方接受甲方的委托。
I. Party A entrusts Party B as its warehousing and storage agency of export LCL cargo in Bonded Area, and Party B accepts the commission of Party A.
二、甲方的委托范围:出口货物的接收、库存管理、装箱操作、提取空箱/重箱进码头、报关/报检代理及与出口拼箱操作相关事项等。
II. Party A's entrusted scope: export goods receiving, inventory management, packing operation, extracting empty containers / heavy containers into the dock, customs declaration/inspection agent and export LCL operations related matters, etc.
三、甲方承揽货物后,将货物进仓单(含货物基本信息如货主、货名、件数、体积、唛头、乙方仓库地址等)传真给乙方并指示发货人凭“货物进仓单”将货物送到保税区乙方指定仓库。
III. After Party A contracting goods, it shall fax the Goods Warehouse Receipt (including goods basic information such as the owner, goods name, quantity, volume, shipping mark, Party B's warehouse address, etc.) to Party B and instruct shipper to deliver the goods into Party B's designated warehouse in the Bonded Area upon the Goods Warehouse Receipt.
四、货物抵达乙方仓库后,乙方与发货人或发货人代表共同对货物数量和货物的外包装状况是否完好进行核对。双方对货物数量、外包装状况确认无误后,乙方开具货物进仓收据给发货人或发货人代表。以成组化包装方式交付的货物,乙方以成组化包装核计货物数量,甲方/发货人对货物的实际数量负责。
IV. After the goods arrive at Party B's warehouse, Party B and the shipper or shipper’s representative shall check the quantity and the condition of outer packing of the goods together. After confirmed by both parties, Party B shall issue the Goods Warehouse Receipt to the shipper or shippers representative. As to the goods delivered by unitization packing way, Party B shall calculate quantity of the goods by unitization packing, and Party A/the shipper shall be responsible for the actual number of goods.
货物交接过程中若发现货物的外包装异常(如破损、浸湿等),乙方与发货人或发货人代表共同对异常情况进行确认并签字,应甲方要求,乙方可拍照留底。乙方在半个工作日内将外包装异常情况通知甲方,若甲方或发货人认为必须对异常之外包装进行处理,甲方必须在货物报关前通知乙方。乙方于半个工作日内集中向甲方反馈进仓货物状况。
If abnormal outer packing of the goods (such as breakage, soaking, etc.) is found in the process of foods delivery, Party B and the shipper or shippers representative shall confirm the abnormal situation and sign together, and Party B can take pictures for record at the request of Party A. Party B shall notify Party A the outer packing anomalies within half a working day; if Party A or shipper thinks that the abnormal outer packing must be dealt with, Party A must inform Party B before the goods customs declaration. Party B shall make concentrated feedback of the condition of warehousing goods to Party A in half a working day.
五、甲方保证进仓货物的包装适合于海运运输,唛头清晰易辩。对装卸、堆垛有特殊要求的货物,甲方应在进仓单的显著位置注明或通过书面方式在货物入仓前通知乙方,若无注明或提前通知,乙方将按照普通货物进行装卸、堆垛操作。若甲方在货物入仓后要求进行货物分类、堆垛调整等,乙方按实际立方数收取货物搬移、操作费。
V. Party A shall ensure the packing of warehousing goods suitable for ocean transportation, shipping marks clear and easy to identify. As to goods with special request for loading and unloading and stacking, Party A shall indicate in a prominent location on the Warehouse Receipt or inform Party B before the goods transport by writing; without indication or advance notice, Party B will carry out loading and unloading, stacking operations in accordance with the general cargo. If Party A requires classification, stacking adjustment, etc. for the goods after the goods warehousing, Party B will charge goods moving, handling fee according to the actual number of cubic.
六、乙方仓库为非危险品仓库,甲方保证进仓货物为非危险品货物。若乙方发现进仓货物为危险品货物,乙方有权单方面对货物进行处理并由甲方承担所有费用,若由此造成人员或财产损失,甲方承担所有赔偿责任。
VI. The warehouse of Party B is a non-dangerous goods warehouse, and Party A shall guarantee the warehousing goods are non-dangerous goods. If Party B finds the warehousing goods are dangerous goods, Party B will have the right to deal with the goods unilaterally and all costs shall be borne by Party A; if there is any resulting damage to personnel or property, Party A shall bear all the liability for compensation.
七、若甲方委托乙方指定报关行进行报检、二线报关,甲方或发货人提供的报关、报检资料必须完整、清晰、准确,若违反本约定而导致的被海关退单、货物查验无法通过、货物无法及时出运甚至招致海关处罚等责任和费用均与乙方无关。
VII. If Party A entrusts Party B to designate customs broker for inspection declaration, second-line customs declaration, the customs declaration, inspection declaration data provided by Party A or the shipper must be complete, clear and accurate, and the responsibilities and expenses of situations such as documents withdraw by customs, goods inspection unable to be passed, goods can't be shipped timely even punishment by the customs, etc. due to violation of this agreement have nothing to do with Party B.
八、甲方保证单单相符、单货相符、单证相符,若违反本约定而导致出口一线海关查验无法通过而引起货物无法及时出运甚至招致海关对乙方的处罚等责任和费用均由甲方承担。
VIII. Party A shall ensure the consistence between documents, documents and cargo, documents and certificates, and all the liabilities and expenses of situations such as goods cannot be timely shipped caused by not passing inspection by export first line customs and even causing the customs punishment to Party B, etc. due to the violation of this agreement shall be borne by Party A.
九、装箱前,若货物的实际尺寸超过所排载箱型的容量,而甲方确定货物必须全部装完,甲方必须向乙方出具书面指示,若由此引起货损由甲方自行负责。若货物无法装完必须将已装箱的部分货物卸出,费用由甲方自行承担(见收费标准)。
IX.. Before packing, if the actual size of the goods exceeds the capacity of the arranged container type, and Party A makes sure that all the goods must be loaded, Party A must provide Party B with written instructions, and the resulting damage of cargo (if any) shall be undertaken by Party A. If the goods cannot be loaded completely and part of the loaded goods must be discharged, fees shall be borne by Party A (see fee standards).
十、乙方保证货物进仓后的完整与安全,并妥善保管货物,但不对货物的内在品质以及包装内的残损和数量短少等承担责任。
X. Party B shall ensure the integrity and security of the goods after goods into the warehouse, and keep the goods properly, but without responsibility for intrinsic quality of the goods and damage within the packing as well as quantity shortage, etc.
十一、甲方承揽的出口货物进仓后因故需要退仓或退关时,甲方应出具书面申请,乙方将协助办理退仓、退关手续并收取相关费用,甲方接货人代表应持书面申请到我司办理货物出仓。
XI. If export goods undertaken by Party A need to cancel shipping order or cancel customs declaration after goods into the warehouse for some reason, Party A shall issue a written request, and Party B will assist the shipping order or customs declaration canceling formalities and charge related fee, receiving people on behalf of Party A shall hold the written request to our company to deal with the formalities of goods out of warehouse.
十二、出口货物在乙方仓库内的免费堆存期为十四天。超期堆存按附件收费标准取堆存费,不足一个月的,以实际天数所占比例来计算。
XII. The free storage period for export goods in the warehouse of Party B is fourteen days. Storage charge will be charged for overdue storage according to the charging standard in attachment, and storage in less than a month will be calculated by proportion of the actual number of days.
十三、乙方必须采取合理措施保证本合同下的货物的安全完好,货物在乙方掌管期间,如因乙方或乙方的雇佣人员或乙方的供应商等保管不当或疏忽造成货物的灭失,损坏,短少或被调换,乙方承担一切赔偿责任。”
XIII. Party B must take reasonable measures to ensure the safety and integrity of the goods under this contract; during the period of the goods in charge by Party B, the loss, damage, shortage or exchange of the goods as a result of improper safekeeping or negligence by Party B or Party B's employment personnel or Party B's suppliers, Party B shall assume all the liability for compensation."
十四、收费标准:(见附件)
XIV. Charging standards: (see the attachment)
甲乙双方费用采用月结形式
Charges between Party A and Party B shall be settled in the form of monthly statement
十五、本协议未尽事宜以及协议执行过程中出现的争议、纠纷,由双方友好协商决定。协商未果,甲乙双方同意向厦门海事法院提起诉讼。
XV. Matters not mentioned in this agreement and the controversy or dispute in the process of agreement implementation shall be determined by both parties through friendly consultation. It the consultation fails, both parties agree to institute legal proceedings to the Xiamen Maritime Court.
十六、本协议一式双份,甲乙双方各执壹份。甲乙双方对本协议均有保密义务,一方泄露本协议内容导致另一方遭受损失,违约方必须进行赔偿。
XVI. This agreement is in duplicate, Party A and Party B hold one copy each. Party A and Party B have the obligation to keep confidential to this agreement, and the breaching party must compensate for the loss of the other party due to disclosure of content of this agreement.
(签署部分 略)