The Formulation Of Export Agency Agreement
Export agency agreement
Contract No.: ",", ",", "and".
The trustee (hereinafter referred to as Party A):
The client (hereinafter referred to as Party B):
Place of signing: location, location, area, location, location, location, location, location, location, location, location, location, location, etc.
Date: it is: the first, the second and the third.
The total number of pages is: 1.
After friendly negotiation, Party B entrusts Party A's agent for export business, and reaches the following agreement:
(1) the commodity description for agent export: it is: X.
Two. Party A's rights and obligations
1. Party A shall sign an export contract with the foreign party designated by Party B. the contents of this contract shall be confirmed and held by Party B before signing, and shall be agreed by Party A.
2. Party A shall sign a purchase contract or a three party purchase contract with the supplier designated by Party B. the contents of this contract shall be confirmed and held by Party B before signing, and shall be agreed by Party A.
3. in accordance with the goods data provided by Party B, we shall make timely export declaration transportation and invoice, packing list, freight order, insurance policy and so on.
4. under the circumstances of its own ability, the goods that need to export quotas and licenses should be actively processed by Party B, and the relevant documents can be obtained in time, but the responsibility for obtaining the relevant documents can not be obtained in time.
5. if Party A is responsible for commodity inspection, Party A should promptly and conscientiously do a good job in commodity inspection and customs clearance so as not to delay any subsequent work such as customs clearance.
6. when Party A is responsible for customs declaration and transportation, we shall actively contact the freight forwarding company to carry out fixed warehouse insurance and other matters, so as to ensure the safety of export goods and timely and smooth export clearance without delay in the specified shipping date, but the authenticity of the goods is borne by Party B.
7. in good time, we must do settlement work in various ways, settle accounts with Party B according to the agreed way of settlement, and stipulate the proportion to collect agency fees.
8. do the verification work of the loan, urge Party B to receive the foreign exchange payment within the specified time limit, recover the foreign exchange verification form and export declaration form in time, and complete the foreign exchange verification within the specified time limit.
9. if the goods need to be refunded, the tax rebate should be completed in time, upon receipt of the complete tax refund certificate provided by Party B according to the tax refund authority, and the settlement shall be settled according to the settlement agreement of the agreement.
10. actively assist in all other work done by Party B, and provide support within the scope of competence in foreign trade.
Three. Rights and obligations of Party B
1. Party A shall be responsible for the agreement signed between Party A and the foreign party and supplier, and bear all consequences of failure to complete the agreement.
2. prepare goods on time, according to quantity and quality. After the goods are ready, inform the owner of the specifications, quantity, quality, packing, gross net weight and so on, so that Party A can produce all kinds of documents in time.
3. for the goods that need export quotas and licenses, the relevant application procedures shall be handled, and Party A shall assist in the completion. It can also entrust Party A with full authority within the scope of competence. However, Party A will not be able to get the documents in time.
4. if Party B is responsible for the inspection, ordering, insurance and customs clearance of the goods, Party B shall bear all the expenses arising therefrom. And ensure that the goods on the customs declaration documents are exactly the same with the quality, specification and quantity of the goods shipped on the actual shipment, and are responsible for all the responsibilities and consequences arising therefrom.
5., we should urge the foreign party to import the payment into the designated account of Party A within the specified time limit (within three months after the export declaration), and bear all the responsibilities and consequences of not receiving foreign exchange payment and collecting foreign currency later than the prescribed time limit. For the purpose of collecting foreign exchange for more than three months, Party A shall agree in advance. The actual amount of foreign exchange receipts is less than the amount of customs declaration.
6. according to the provisions of the agreement, Party A shall pay for the payment of the goods and pay the export agency fee (separate terms of settlement).
7. after the export clearance, the foreign exchange verification form and the export declaration form (cancellation) shall be returned to Party A. The time to be delivered to Party A must be declared at the export (whichever is the export time on the export declaration form).
8. for the export tax refund business, Party B must ensure that Party A completes export verification within the month after export. Party A will be notified within a month to Party A, and the export tax rebate extension procedure will be handled by Party A to the tax authority. The export declaration (rebate Union) must be delivered to Party A within the export declaration (in the export declaration form). The business of loss or amendment of the rebate joint declaration must be notified to Party A within days. The first party will go to the tax authority to handle the export tax rebate extension procedure. After the goods are cleared, the export value-added tax invoice will be delivered to Party A at the latest. The business of losing or modifying the documents required for verification must be in the business. Party A shall not be liable for any tax refund beyond the time limit. Party B shall be responsible for the drawback of various tax rebate documents due to various erroneous records, failing to pass the verification of the tax refund department and failing to comply with the provisions of the tax authorities on the export tax rebates, and Party B shall refund the tax refund payable to Party B to Party B. If the national export tax rebate policy changes, the two sides should negotiate separately.
9. actively assist Party A in handling other tasks that need to be completed by Party A, and coordinate the work of both parties at home and abroad.
Four. Settlement terms
1. pure agency:
(1) the export agency fee shall be levied at% of the value of the goods. The minimum amount shall be no less than RMB yuan.
(2) Party B also undertakes the bank charges, customs clearance fees and transportation costs arising from the settlement of the goods.
(3) the exchange rate for foreign exchange shall be determined according to the exchange rate provided by Party A at the time of settlement.
(4) payment of specific funds:
Under the mode of A.T/T: after receiving the foreign exchange payment of foreign exchange, Party A will remit the payment to the designated account of Party B after deducting the agency fee within two working days after the exchange rate is converted into RMB.
B. in the form of L/C and collection, Party A will deliver the full set of accurate and effective documents to the designated negotiating bank. After the foreign exchange payment is paid, Party A will deduct the agency fee within two working days after the exchange rate is converted into RMB, and then remit it to Party B's designated account.
The documents issued by Party A to the bank, whether Party A or Party B, must be confirmed by Party B. meanwhile, Party B will be liable for all the consequences arising from the failure of the bank to pay due to the discrepancy of the documents.
2. under the way of export tax rebate:
(1) the exchange rate for foreign exchange shall be determined according to the settlement rate provided by the bank at the time of settlement.
(2) Party B also undertakes the bank charges, customs clearance charges and transportation costs arising from the settlement of the goods.
(3) Party A receives agent fees according to Party B's export price _____RMB/USD; after deducting the incidental expenses stipulated by the two parties (such as bank charges, interest, license fees, etc.), Party A's book balance is paid to Party B by the equal invoice issued by Party B.
(4) the prerequisite for Party A to pay the loan is that it must receive the value-added tax invoice certified by the tax department in time, which is approved by the tax department. Otherwise, Party A has the right to refuse payment.
(5) payment of specific funds:
Under the mode of A.T/T: after receiving the foreign exchange payment from foreign countries, Party A will convert the RMB into Renminbi at the exchange rate and pay the payment to Party B within two working days in accordance with the above settlement conditions.
B, in the form of L/C and collection, Party A will deliver the full set of accurate and effective documents to the designated negotiating bank. After the foreign exchange payment is paid, Party A will deduct the agency fee within two working days after the exchange rate is converted into RMB, and then remit it to Party B's designated account. The documents issued by Party A to the bank, whether Party A or Party B, must be confirmed by Party B. meanwhile, Party B will be liable for all the consequences arising from the failure of the bank to pay due to the discrepancy of the documents.
3. no matter what kind of settlement, if Party A returns the profit part, Party B must return the legal invoice before Party A can return the profit portion.
4. however, Party B will bear VAT tickets due to the existence of various erroneous records, failure to pass the verification of the tax refund department, and the failure of the invoice and the complete set of export declarations to be delivered to Party A in time, so that Party B can not refund the tax rebate.
Five. Other agreed terms
1. Party B guarantees that the goods exported are lawful goods conforming to the laws and regulations of the state, otherwise they will bear all the responsibilities and consequences arising therefrom.
2. the quality of the goods in the process of agency shall be entirely responsible for Party B. quality problem Party B shall have full power to deal with it, and Party A shall assist Party B in handling various claims, compensation and other matters.
3. Party A guarantees the business secrets of Party B, and guarantees that Party B's customer channels and business information will not be used in any way, otherwise, Party B will compensate Party B for all this. Economics And legal consequences.
4. books Agreement In the course of execution, due to various unexpected problems (such as changes in national policies), the two sides will resolve the matter in a timely manner, adjust the contents of the agreement reasonably, or formulate supplementary agreements, and the supplementary agreement will also be regarded as an effective part of this agreement.
5. if the two parties need to terminate this agreement, they must notify the other party in writing in advance.
6. if a party violates the provisions of this agreement or disputes and disputes arises, it should be settled in a friendly manner. Any party who fails to negotiate will have the right to bring legal proceedings to the court.
7. this Agreement shall be effective after signature and seal by both parties. The original agreement is in duplicate, and both parties shall hold one, and two copies shall have the same legal effect.
8. the validity period of this Agreement shall be valid for five years from the date of entry into force.
The trustee (seal):
Date: it is: the first and the second.
The client (seal):
Date: the first two years of the year: the first, the second and the third.
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