Agency agreement

AGENCY AGREEMENT (NON EXCLUSIVE)

PARTIES INVOLVED

(here-in after referred to as "PARTY A")
On behalf of: *
Address: *
City: *
Country: *
Email: *
(here-in after referred to as "PARTY B")
On behalf of: *
Address:
City:
Country:
Email:
Recitals

In consideration of the premises and covenants contained herein, the Parties agree as follows:
1.0  SCOPE OF AGREEMENT

1.1  Apppointment
PARTY A, hereby appoints PARTY B as agent in the field of air/ocean cargo freight business & PARTY B appoints PARTY A as agent in the field of air/ocean cargo freight business.

1.2  Handling
As to airfreight shipment, each party shall provide services including break-bulk, notify consignees of shipments arrival, protect incoming House Waybill, collect freightage and further provide: Proof of delivery ( P.O.D.’s) and re-forwarding details etc.
As to ocean freight shipment, each party shall be responsible to handle the local shipment nominated by its counterpart. Such Handling includes but not limited to contact local shippers, rate confirmation, booking to carrier, customs clearance, CY or factory stuffing and issuing of House B/L etc.

Each party will immediately notify the other party in writing of all shortage and/or damages made known to them. Both parties agree to assist in the processing of claims if any. 

1.3  Issuance Of HB/L
Each party shall be responsible for collection of the original Bills of Lading issued by the other party and all freight charges in freight collect shipments before releasing cargo to consignees. Otherwise the defaulting party should bear all the responsibility and liability incur by his breach.

1.4  Pre-alert
Pre-alerts should be sent by email to the Import Department of the designated agent. Debit / Credit note should be strictly sent along with Pre-alert/ documents of each respective Shipment in-order for both party to close the monthly files and shipments in time.

1.5  Routing Orders
Routing orders will be followed up immediately, by approaching supplier and introducing our joint-services.

1.6  Communication
Reply to the other party should always be made within the same day, if reply cannot be given yet,  than a short confirmation message should be sent acknowledging working on the request.

1.7  Consideration
Both parties shall support the other to the best of their ability, by utilizing all suitable means to follow up the procured business of the respective party.

1.8  Sales and Marketing
Sales leads and marketing information shall be exchanged and sales reports shall be provided on the results of the canvassing activities. Joint programs are to be developed and implemented from time to time. All sales leads and other information must be kept in strict confidence between each party and shall not be made available to any outside parties. All sales leads shall be followed up and promptly replied to.

2.0  PAYMENT

2.1  Accounting Settlement

1) Both parties agree to set credit amount of 2000 USD and send the statement of Account (SOA) by e-mail to each other before 1st of every month. Party A and Party B agree to clear the dispute debit note or credit note before 7th of every month and settle the full amount of SOA before 10th of every month., payment should reach the other one’s bank account before 14th of month
Credit terms applied on invoices will be 14 days from end of month.
2 ) Both parties agree the credit party has the right to hold the cargo until payment is settled if debit party doesn’t arrange the payment within payment settlement agreement.
Both parties agree the debit party should bear all the consequences, for example the demurrage, storage, and legal claim from shipper or consignee, etc. if any.
3) If party A don’t arrange payment punctually for three times, then party B will change the way of payment from within 30 days subject to ETD into case by case.
4 ) Above credit facility will be provided by each party only under circumstances of having other shipment in hand to be released ,or else will clear all payment before the last shipment arrive in port
5) Banking charges will not be charged to each other and absorbed locally.
6) Payments should always be pre-alerted by e-mail and be performed through both.

2.2  Bank Details

Account Name: AUK LOGISTICS CORP
Company Address: 1 PRESTIGE DR, CLAYTON SOUTH, VIC, 3169
Bank Name: COMMONWEALTH BANK OF AUSTRALIA
Bank Address: 201 SUSSEX STREET,SYDNEY,NSW 2000,AUSTRALIA
BSB: 063-109
Account Number: 1156 9138
SWIFT/BIC code - CTBAAU2S
 
2.3	 Disputed Amounts
1) In the event a dispute arises as to an amount due under any invoice, air waybill or bill of lading, the party responsible for making the payment shall pay all undisputed amounts pending resolution of the dispute. Disputes of charges and profit share payments/credits must be given in writing with a detailed explanation as to the dispute, within thirty (30) days from receipt of invoice or receipt of payment or credit. In event a full payment is made pending resolution of a dispute, such full payment shall not be deemed to be a waiver of any rights to recoup an overpayment. In the event a shipper or consignee files a complaint or claim under any invoice, air waybill or bill of lading or requests a copy of any documentation, the party receiving the complaint, claim or copy request shall immediately notify the other party.
2) No Deductions for Cargo Claims. No deduction from amounts due shall be allowed for cargo claims. Cargo claims shall be settled individually between the parties in the normal course of business.

3.0  CO-OPERATION TERMS
Party A & Party B agree the below co-operation terms:

3.1) Free Handling for export shipment to each side
3.2) 50/50 sharing profit for Sales Lead and Routing Order shipment
3.3) For Party A’s routine order, Party A shall bear the telex release cost and express fee if any.

4.0  TRADE NAMES AND LOGOS
Except by mutual written consent, neither party shall use or cause to be used the other’s name or any imitation or variant thereof as part of its corporate, business or trade name nor grant such use to any subsidiary, affiliate or agent in any country. Neither party may use the other party’s name in any publicity, sales or marketing materials without the prior express written consent of that party.

Neither party shall register or attempt to register any corporate, business nor trade name, logo, Trademark or service mark used by the other in any country.

5.0  DURATION & TERMINATION
5.1 This Agreement shall become effective immediately upon the execution hereof as of the date set forth above, and shall remain in full force and effect for and initial Term of 2 years ( 2 YEAR )  and shall be automatically extended for successive 2 (2) year terms unless either party gives notice to the other party not less than ninety (90) days prior to the termination of the initial term, or the term as may be extended from years to year, of its intention to terminate this Agreement. (In which case termination shall be effective upon completion of the then current Term) or unless terminated sooner as herein provided.

5.2 This Agreement may be terminated by either party for any reason, by either written mutual consent of the Parties or upon either party giving ninety (90) days prior written notice of termination. Each party may terminate this Agreement in the event the other party defaults in the performance of any of its duties and obligations and default is not cured within ninety(90) days after written notice is given to the defaulting party. Either party may terminate this Agreement immediately upon notice to the other party, if such other party shall become insolvent or if a receiver or trustee in bankruptcy is appointed for such other party and its assets or if any petition, proceeding or action is instituted against such other party.
5.3 In the event of termination, each party shall fulfill its obligations to the other party up to the date of termination. All financial obligations of each party are valid and enforceable until paid.

5.4 The expiration and termination of this Agreement shall not effect the pre-existing rights and obligations of the parties.

6.0  CONFIDENTIALITY
Each party acknowledges that by reason of the terms of this Agreement, each will be provided access to certain confidential information of the other party. Each party hereby agrees that during the term of this Agreement and for a period of three (2) years thereafter, it shall not use or disclose to anyone any of the trade secrets and other proprietary information of any kind of the other party, including but not limited to, information relating to sales strategies, sales prices, customer lists, costs of service, employee lists and any other confidential information. In any party is found to be violating the confidentiality of each others business the party guilty is liable to be tried in the Legal Court of Law by the other party.

7.0  APPLICABLE LAW AND JURISDICTION
If a dispute, controversy or claim arises out of or relates to this contract, or breach, termination or invalidity thereof, or involves disputed invoices and payment thereof, and if such dispute, controversy or claim cannot be settled and resolved through negotiations, then the parties agree in good faith to settle such dispute through Courts proceedings and in such circumstances this agreement shall be governed by Laws of Australian.  
IN WITNESS WHEREOF, this Agreement has been executed by the Parties on the date and year first above written.
Signed for and on behalf of: PARTY A
Name: *
Title: *
Date: *
Authorised Signature *
Type IMG: *JPG
Signed for and on behalf of: PARTY B
Name:
Title:
Date:
Authorised Signature *