Traditional Culture Encyclopedia - Traditional stories - Entrusted transportation contract
Entrusted transportation contract
Sample Contract of Entrusted Transportation (I)
Party A (shipper):
Party B (carrier):
Party A and Party B, after negotiation, in accordance with the relevant provisions of the contract law, enter into a contract for the carriage of goods, the terms of which are as follows:
A, the period of the contract for one year, from the date of the year to the date of the year.
First, the contract period of one year, from the date of the year to the date.
Second, the above contract period, Party A entrusted Party B to transport the goods, the mode of transportation for the automobile road transport, the name of the specific goods, specifications, models, quantities, value, freight, place of arrival, the consignee, the duration of the transport, and other matters, by the two sides to sign a waybill to determine the signing of the waybill as an attachment to the contract and the present contract has the same legal effect.
Third, Party A's obligations:
1, in accordance with the national standards for packaging of goods, there is no uniform packaging standards, should be based on the principle of ensuring the transportation of goods to be packed, Party A's packaging of goods does not meet the above requirements, Party B should be put forward to the Party A, Party A does not rectify the Party B may refuse to ship.
2. Payment of freight to Party B according to the standard and time agreed by both parties.
Fourth, Party B's obligations:
1, in accordance with the requirements of the waybill, within the stipulated period of time, the goods will be transported to the place designated by Party A, to the consignee designated by Party A.
2. The goods to be transported shall be responsible for the safety and ensure that there is no shortage or damage to the goods, and shall be liable for the compensation obligation if such problems occur.
V. Transportation costs and settlement:
1. Freight costs are calculated according to the mileage and weight of the goods actually carried by Party B, and the specific standards are implemented according to the agreement of the waybill.
2. When Party B hands over the goods to the consignee, it should ask for the receipt certificate as the proof of completion of the transportation obligation, and settle with Party A with the receipt certificate.
3, Party B submitted to the receipt of vouchers for review, to confirm that the vouchers are true and valid and the goods are delivered on time without missing damage to the problem of the current freight paid off within 10 days.
Sixth, Party A delivered Party B to transport the goods are supplied to the customer's major means of production, Party B should pay great attention to this, to ensure that the goods are delivered on schedule. Not due to natural disasters and other force majeure caused by late delivery of goods, such as the customer to pursue the Party's responsibility, Party B shall fully compensate for the Party's economic losses. Due to natural disasters and other force majeure caused by the goods can not be transported to the destination on time, Party B shall promptly notify Party A of the situation and obtain the relevant certificates, so that Party A and the customer to coordinate.
VII. If the goods are lost, short, damaged, spoiled, polluted during transportation, Party B shall compensate Party A for the economic loss according to the following standards.
1, the loss of goods or can not be used normally, according to the waybill recorded price of goods full compensation, such as the waybill does not record the price, according to Party A similar products factory price compensation.
2, after the repair of the goods can be used normally and the customer has no objection, compensation for repair costs (including the cost of replacement, labor costs and repair of personnel travel to and from the cost, etc.).
VIII, there is a contract of Article 7 of the situation caused by the late delivery of goods, Party B in addition to the provisions of this article is responsible for, but also should be implemented at the same time the provisions of Article 6 of this contract.
IX, this contract, the two sides to solve the outstanding issues, consultation fails, in accordance with the provisions of the contract law, the dispute submitted to the Beijing Arbitration Commission in accordance with its arbitration rules for arbitration.
X. This contract is in duplicate, each party holds a copy of the two sides, the two sides signed and sealed to take effect.
Party A: Party B:
Attachment: Waybill No.
Issuing time: January, year Shipment time: January, year
Issuing place: No. Road, Municipality District, Province Shipment place: No. Road, Municipality District, Province
Consignor: Carrier:
Signature of consignor: Seal of Carrier
Month Day, Year
Time of request for delivery: Before 00:00 on January, 2012
Place of request for delivery:
Consignee:
Name of the goods:
Specifications
Model number:
Weight:
Volume (LxWxH):
Packing form:
Pieces:
Factory price.
Carrier Vehicle License Plate No.:
Freight Fee:
Model Contract of Entrusted Transportation (2)
Entrusted Party: Trading Company (hereinafter referred to as Party A)
Carrier: Logistics Company Limited (hereinafter referred to as Party B)
In view of the fact that Party A and Party B are established by law and have legally existed, the two parties shall, in a fair and equal manner, cooperate to establish the contract of entrusted transportation. In view of the legal establishment and legal survival of Party A and Party B, the two sides in the spirit of fairness, equality, equal pay and good faith principle, according to the "Chinese People's Republic of China *** and the State Contract Law" and other relevant laws and regulations, Party A entrusted to Party B to transport the goods signed this contract, in order to *** with the trust and abide by it:
Article I: Transportation costs
1, 1 A and B to establish a strategic business partnership, Party B to give the most favorable price to the Party.
1,2 Transportation costs are subject to Party B's quotation confirmed by Party A and Party B's signature, which is an inseparable part of this contract.
1.3 If Party B needs to change the price, Party A must be notified in writing 1 month in advance. Only after Party A's written confirmation, it can be executed, otherwise, Party A and Party B will settle the price before the change.
Article 2: Party A's responsibility
2.1 Transportation time from January to January, Party A forecast of the month's transportation plan, the number of containers according to the number of Party A provided by the number of booking, so that Party B in advance to deploy vehicles to ensure capacity.
2, 2 Party A need to call the vehicle before, should be one or two days in advance to Party B fax a written "consignment note" and indicate the location and time of loading containers, cargo name, box type, weight and unloading location, contact person and phone number, the date of the drop weight and so on. And be responsible for the authenticity of the consignment information provided.
2, 3 special reasons need to temporarily increase the amount of towing containers, 24 hours in advance to notify Party B, after both sides agreed to arrange towing containers by Party B to the factory loading.
2.4 Normal loading time is 24 hours per day.
Party A will settle the expenses with Party B in time according to the agreement.
Article 3: Party B's responsibility
3.1 The vehicle provided by Party B must be of good technical performance, complete license, legal and effective, and purchased compulsory insurance, commercial insurance, logistics liability insurance. Before the shipment of goods, Party B shall provide Party A with a copy of the basic information of the carrier vehicle and driver (driving license, operating license, insurance card, driver's license, ID card)
3,2 Party B shall arrange the container to be loaded in the factory on time according to Party A's "consignment note", and in the event of any special reasons for not being able to arrive at the factory on time, Party B should be informed in writing in advance of six hours, and can only be delayed with the consent of Party A. Otherwise, the costs incurred by Party B shall be borne by Party B, which shall not be subject to the payment of any fees and charges. Otherwise, the costs incurred by Party B shall be borne.
3.3 If an accident occurs during the transportation of goods, no matter whether it leads to damage to the goods or not, Party B should notify Party A in time and keep Party A informed of the accident at the same time of starting the emergency plan for traffic accidents.
3.4 This Agreement is a commercial secret of Party A. Party B shall not disclose it to any third party; otherwise, Party B shall be responsible for the consequences arising therefrom.
3, 5 Party B in the transportation process of Party A's goods caused by the risk of damage, loss of responsibility borne by Party B, for the economic losses caused by . , by Party B is responsible for.
Article 4: Costs and settlement:
4,1 Party B's vehicles arrive at Party A's designated factories or warehouses normally according to the planned time, such as the factory can not be loaded instantly, the pressure night costs incurred is yuan / day, paid by Party A.
4.2 Transportation costs are settled in a monthly basis, Party B is required to pass the monthly statement of the previous month to Party A before the 5th day of the following month, Party A must be verified within 10 days after the return to Party B to confirm that the two sides confirmed that there is no error, submitted to the Party A's Finance Department, within 10 working days of the fee will be paid to the Party B in accordance with the following agreed-upon manner.
4.3 Party B agrees to collect the payment in the following way:
Party A will pay the payment to Party B's account as follows:
Account Name: Logistics Co.
Account Bank: CCB Branch
Account Number:
If there is any change of the above information, Party B should notify in writing (need to be stamped with the official seal).
Article V: Termination of the contract
5.1 If due to force majeure (only refers to the war four or more earthquakes) can not fulfill the contract, the contract is automatically terminated, the two sides bear their own losses, and will not be held responsible for each other.
5.2 Party B in a month delayed to the cabinet 10 times, six months cumulative delay to the cabinet 60 times, Party A has the right to terminate this contract and pursue Party B's responsibility for breach of contract.
5.3 In addition to the above, A and B, either party to terminate the contract, need to inform the other party two months in advance in the form of a written report.
Article 6: Liability for breach of contract
6.1 Party B shall arrange to arrive at the cabinet according to Party A's loading schedule, and pay liquidated damages to Party A for every delay of 6 hours at the rate of 10% of the transportation cost of the cabinet if it is delayed without Party A's consent.
6.2 If either party violates the integrity of the business, bribery, the defending party has the right not to pay the defaulting party all the money due but not paid.
Article 7: Other
7.1 Any dispute arising from the implementation of this contract or related to this contract, the two sides to resolve through friendly consultation, consultation fails, then submit to the jurisdiction of the People's Court, litigation to resolve.
7.2 This contract shall enter into force on the date of signing and shall be valid until December 31, 20**. Two months before the expiration of the contract, the two sides can discuss the renewal of the contract, consensus, sign a separate contract for renewal.
Signature of Party A: Company Signature of Party B: Freight Transportation Co.
Authorized Representative: Authorized Representative:
Signing Date: 28 May 20** Signing Date: 28 May 20**
Commissioned Transportation Contract (3)
Commissioned by: _________ (hereinafter referred to as Party A)
Entrusted Party: _________ (hereinafter referred to as Party B)
In order to better carry out the business of import and export of maritime transportation, both parties, after friendly consultation, according to the relevant provisions of the Contract Law of the People's Republic of China*** and the Maritime Law of the People's Republic of China*** and other regulations, Party A hereby entrusts Party B as its Party A now entrusts Party B to act as its agent for a series of freight forwarding work such as cargo exportation of the cabin, loading, into the stacks, customs clearance, and so on, and reaches the following agreement in order to *** with the observance of the agreement.
A, B both sides have a valid business license, and strictly in accordance with the business license in the scope of business operations. Due to Party A's illegal business behavior to Party B caused by all the losses and adverse consequences, Party A shall bear the responsibility for compensation.
2. Party A agrees to entrust Party B with the transportation of the goods it collects or produces.
3, booking, Party A should correctly fill in the booking form provided by Party B, and stamped with the official seal or booking special seal in writing by fax or sent to Party B, to ensure the completeness of the content of the letter of attorney, which should include, but is not limited to, the number of pieces of goods consigned to the shipment, weight, volume, port of destination, date of loading, the name of the goods (in both Chinese and English name). Party A shall make clear in the power of attorney and attach relevant documents for goods with special requirements in handling, storage, custody or transportation. If the content of the power of attorney is not specified, Party A shall bear all the risks, responsibilities and costs that may arise. At the same time, Party A should indicate the number of this agreement on the power of attorney, so as not to lose the right to the content of the agreement.
Fourth, the booking content requires changes or cancellation, Party A must notify Party B in writing at the latest on the day the goods are loaded into the container, and confirmed in writing with Party B's relevant operators, and bear all the risks and additional costs incurred; if the goods have been into the port or have left the port, Party B has the right to decide to reject the change as the case may be.
V. Party A shall ensure that the monthly volume of export transportation business entrusted to Party B shall not be less than _________TEU. Party B shall provide Party A with timely information about the carrier's schedule and tariff changes.
VI. Party A agrees to confirm the cost according to the following _________ way, the tariff of this agreement (collected by us on behalf of the carrier, the cost consists of freight and commission) can be adjusted according to the changes in market prices, and will take effect after confirmation by both parties. Party B for Party A to advance the additional costs of reimbursement.
1. On the premise that Party B guarantees the above commissioned transportation business volume, Party B will settle the general dry container lump sum flat rate with Party A at the following preferential price:
Self-towed container: RMB _________ 20' RMB _________ 40'
Customs declaration Fee: CNY _________
Other fees: _________
(Note: each ticket is limited to one customs declaration. If additional declarations are required due to more content of the customs declaration, an additional computer pre-recorded fee of RMB _________ will be charged for each declaration, and RMB _________ will be charged for the return of the declaration after customs clearance.)
2. Ocean freight _________
Booking fee _________
Other charges _________
7. Ocean freight shall be carried out according to the confirmed tariffs of both parties (Party A may indicate it on the power of attorney) or the confirmed tariffs that Party A gets from the shipping company (the number of the preferential agreement or the confirmation copy shall be attached), but it shall still fulfill the provisions of the present agreement. However, the provisions of Article 11 of this Agreement shall still be fulfilled.
VIII. Settlement of Charges
1. Upon Party A's request, Party B agrees to settle the freight charges according to the following _________ ways:
A. Charges shall be settled according to the voyage, and Party B will deliver the bill of lading only after Party A has paid all the charges.
B. Party A pays Party B the expenses incurred within _________ days after the vessel sails.
C. Adopting the form of monthly settlement, Party A advances _________ USD as deposit, and settles on _________ day of each month the expenses that Party B has advanced in the previous month.
2. By mutual agreement, the following _________ ways to pay fees:
A. cash payment;
B. wire transfer, and timely delivery of bank remittance water list copy to Party B;
C. take the same city collection without commitment to the settlement of foreign exchange ocean freight charges, and the two sides signed a foreign exchange same city collection without commitment to the settlement agreement. Agreement.
3. In case of on-time payment by Party A, Party B will refund to Party A the booking commission at the rate of _________% of the ocean freight rate, except for the net price of confirmation or agreement.
4. Party A shall promptly confirm Party B's settlement list, if not confirmed in writing within seven days after receipt of the settlement statement, deemed to be for the cost of confirmation.
IX. Party A pays the above fees and remuneration, Party B shall promptly return the customs clearance, tax rebate and other relevant documents to Party A.
X. Party B is not responsible for the costs and expenses of the Customs and Excise Department.
X. Party A shall pay Party B the fees and remuneration to be borne by Party A in accordance with the rates or other billing basis provided by Party B, unless otherwise agreed by both parties.
Party A must pay all the fees on time and in full as agreed, and shall not default on any fees based on the business under this Agreement for any reason. If Party A defaults on payment, Party B has the right to take the following measures to safeguard its own rights and interests, and all the risks, costs and liabilities arising therefrom shall be borne by Party A. Party B has the right to choose any one or more of the following ways:
(1) Suspend all the operations of the business under the Agreement until the fees are paid;
(2) Delay the issuance of transportation documents, including bills of lading, until the fees are paid;
(3) Terminate the contract and request Party A to bear all the direct and indirect losses suffered by you;
(4) Have the right to stay the business under the Agreement. (4) Have the right to retain the documents arising from the business under this agreement, including but not limited to bills of lading, foreign exchange certificates and other documents;
(5) Have the right to endorse the current bill of lading issued;
(6) Notify the agent of the port of destination to delay the delivery of the goods.
At the same time, Party A shall pay Party B five ten-thousandths of a cent per day interest on the delinquent charges. Party A authorizes Party B to collect the bill of lading or other similar right certificates on behalf of Party B, which is deemed that Party A agrees to pledge the above certificates to Party B as a guarantee for the expenses and remuneration it should bear. Party A shall ensure that it has the contractual right of pledge. Party A shall be responsible for compensating the third party for any loss caused by improper pledge.
XI, Party B in the receipt of the shipping company or its agent, "shipping back", should be set in a timely manner to the allocation of the ship's name, voyage, customs clearance number, tariffs and other information to inform the Party A (both sides agreed to Party B attached to the "Confirmation of booking of fax reports as the final evidence of the notification), the Party A if there are any objections, should be received within one day after the "Confirmation of booking of Party B, put forward in writing, or else is deemed to have agreed to.
XII, Party A entrusted Party B to act as agent for customs clearance, inspection, should be required by Party B before the time, according to the nature of different goods and the supervision or inspection requirements of the relevant departments, should provide the necessary documents, depending on the nature of trade may include: contracts, invoices, certificates of commodity inspection, licenses, verification documents, customs declarations, manuals, packing lists and relevant approvals, etc., and on the authenticity of the contents of the and is responsible for the consistency. Responsible for the authenticity and consistency of its content.
xiii Party A entrusted Party B to do the packing of goods, Party A should deliver the goods to the designated place in time to Party B entrusted packing people packing, and inform the detailed condition of the goods in advance; Party A to supervise the loading of their own, due to the risks and responsibilities arising from the improper packing by the Party A to bear the responsibility.
XIV, due to force majeure accident, which directly affects the performance of the contract or can not be performed in accordance with the agreed conditions, in the event of force majeure accident, the party shall immediately notify the other party in writing of the accident, and should be within _________ days, to provide the details of the accident and the contract can not be performed, or partially can not be performed, or need to be postponed to perform the reasons for the effective documentation This document shall be issued by the competent authority in the region where the accident occurred. According to the degree of impact of the accident on the fulfillment of the contract, the two parties shall negotiate whether to cancel the contract, or partially exempt from the responsibility of fulfilling the contract, or postpone the fulfillment of the contract.
XV. If the expected benefits of the contract cannot be realized due to the reasons of one of the parties, the non-responsible party shall have the right to terminate the contract by written notice, and at the same time shall have the right to demand that the party at fault bear the responsibility for the breach of contract.
XVI, because of any dispute arising from the commission under this agreement, the two sides should be resolved through friendly consultation; unable to negotiate or consultation fails, the two sides agreed to submit to the maritime court in the location of the Party B trial.
XVII, this agreement shall enter into force on the date of signature and seal of the following representatives of both parties authorized, valid for one year, the expiration of the two sides have no objection to the automatic extension of one year, four copies of this agreement, the two sides each hold two copies, with the same effect.
Name of Party A (seal): _________ Name of Party B (seal): _________
Address of Party A: _________ Address of Party B: _________
Foreign Currency Account Number: _________ Foreign Currency Account Number: _________
Renminbi Account Number: _________ Renminbi account number: _________
_________ year ____ month ____ day _________ year ____ month ____ day
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