Home?Agency Services? What are the categories of foreign trade agency import and export business? | Shanghai Import/Export Agent
During theImport RepresentationDuring the signing and execution of the contract, there are many important matters to pay attention to in order to ensure the legality, clarity, and operability of the contract. Below is a detailed explanation of some key points and legal bases:
Contract Content and Document Matching
Import Goods Arrangement:
? Each import shipment shall have a clear agency contract specifying the name, specifications, quantity, packaging, unit price, currency, and total amount of the consigned goods. ? Contract terms shall be consistent with other documents (e.g., invoice, packing list, bill of lading) to ensure data accuracy and consistency.
Payment Methods and Trade Terms:
? The contract shall specify payment methods (e.g.,L/C, collection, remittance) and trade terms (e.g., CIF, FOB, EXW). ? Clearly define delivery date, location, and method, along with respective responsibilities and obligations of both parties.
Application for Product Import License
Import License Application:
? For goods requiring import licenses, the agency contract shall specify which party is responsible for applying, including application timeline and procedures. ? State the relevant import commodity categories and corresponding license types to ensure compliance with national regulations.
Rights, Obligations, and Costs of the Parties
Rights and Obligations of Parties:
? The contract shall clearly define the rights and obligations of the principal and agent. The principal shall provide necessary import documents and power of attorney, while the agent handles import procedures including customs clearance and duty payment. ? Ensure clear division of responsibilities for issues like cargo damage/loss liability and force majeure event handling.
Fee Agreement:
? The contract shall detail agency service fee standards (typically a percentage of goods value or fixed fee) and payment methods. ? Specify responsible parties for other fees like transportation, insurance, tariffs, and VAT.
Agency Commission Rate Setting
Agency Commission Rate:
? The agency contract shall specify service fee standards, usually calculated as a fixed percentage of goods value. ? Establish separate fee standards for special services (e.g., expedited processing, additional storage).
Legal Basis of the Contract
Contract Content: According to Article 12 of the Contract Law of the Peoples Republic of China, contracts shall include the following basic terms: (1) Parties Names and Addresses: Legal names, detailed addresses, and contact information of all contracting parties. (2) Contract Purpose: Clearly state the purpose and expected outcomes, such as import goods agency services. (3) Goods Quantity: Specify import goods quantity using international standard units. (4) Quality Requirements: Clarify the quality standards and inspection criteria for imported goods. (5) Price or remuneration: Specify the unit price, total price, and payment currency for the goods. (6) Performance period, place, and method: The execution timeline, delivery location, and method of the contract. (7) Liability for breach of contract: Define breach scenarios and corresponding compensation liabilities, such as handling methods for delayed delivery or non-conforming goods. (8) Dispute resolution method: Establish dispute resolution mechanisms, such as arbitration, litigation, and jurisdictional courts.
Reference Model Text
Model contract text:
? Parties may refer to various model contract texts issued by the state for contract formation. These model texts typically include standard clauses and formats, helping to avoid omissions of critical content. ? When using model texts, modifications and supplements should be made based on specific circumstances to ensure the contract meets actual business needs.
When signing an import agency contract, all terms must be clear and unambiguous to avoid potential disputes. The terms involved in the contract should comply with relevant laws and regulations such as the Contract Law of the Peoples Republic of China. Responsibilities and obligations of all parties should be detailed, especially regarding costs, liability for breach, and dispute resolution. Clear terms help reduce risks and ensure smooth transactions.