On the model contract of export agency.
Entrusting Party Co., Ltd. and Agent Co., Ltd. are entrusted to export products, and hereby reach the following terms:
1. Customer's obligations
1. 1 truthfully provide the main facts and information related to the conclusion of the agreement;
1.2 fully understand the terms of this agreement and the export contract signed by the agent with foreign buyers according to this agreement, and pay full attention to the rights and obligations of all parties and the terms of exempting or limiting their responsibilities.
2. Obligations of the agent:
2. 1 truthfully provide the main facts and information related to the conclusion of the agreement;
2.2 Take reasonable measures to draw customers' attention to the clauses exempting or limiting their responsibilities, and explain the clauses according to customers' requirements.
2.3 After the foreign transaction, send a copy of the export contract to the customer in time.
2.4 handle the commodity inspection, customs declaration, foreign transportation and foreign negotiations required for export.
2.5 After receiving the payment made by the foreign merchant according to the export contract, the foreign exchange shall be converted into RMB and paid to the customer within 7 working days according to the foreign exchange buying price announced by the bank on the day of payment.
3. Export contract
(1) Accept the fixed terms in the original contract of the commodity export standard currently adopted by the agent. The agent undertakes the rights and obligations of the "seller" in the terms of this contract on behalf of the principal.
(2) After receiving the copy of the export contract submitted by the agent, check it immediately.
If it is found to be inconsistent with the original requirements, it shall notify the agent by fax or telegram within 3 working days after receiving the contract. Otherwise, it is deemed that the customer has accepted the export contract and assumed the rights and obligations of the export contract.
4. Export commodities
(1) The goods provided by the entrusting party shall conform to the quantity, quality and specifications specified in this agreement, and
It must be packed in the way specified in the agreement.
(2) Provide the quality certificate of the goods.
5. expenses
(1) The transportation fee, commodity inspection fee, port transportation fee, storage fee, customs declaration fee, insurance fee and bank handling fee arising from the agency export shall be borne by the entrusting party.
(2) Calculate the total payment according to the actual quantity of exported goods, and pay _ _ _% agency fee to the agent according to the total payment.
(3) The above fees and agency fees shall be paid within _ _ days after the signing of the agency agreement.
6. Liability for breach of contract:
(1) The entrusting party must strictly implement this agreement: if the entrusting party fails to go through customs declaration, tax payment, commodity inspection, shipment and other related procedures within the time limit stipulated by the port authorities, all consequences arising therefrom shall be borne by the entrusting party. If the trustor's breach of contract causes losses to the trustee, it shall pay the trustee a penalty of% of the total payment. If the liquidated damages are insufficient to compensate the agent's losses, the principal shall also make up for the insufficient losses to the agent.
(2) The agent must strictly implement this agreement: if the export contract is delayed, incomplete or unable to be performed due to foreign reasons, the agent will not be responsible. However, the agent has the obligation to negotiate compensation with foreign businessmen upon the written request of the principal and the provision of expenses and assistance.
Agency export agreement reference
Agreement number: _ _ _ _ _ _
Party A: _ _ _ _ (the entrusting party)
Address: _ _ _ _ _ _
Tel: _ _ _ _ _ _
Fax: _ _ _ _ _ _
Postal code: _ _ _ _ _ _ _ _
E-mail: _ _ _ _ _ _
Party B: _ _ _ _ (Trustee)
Address: _ _ _ _ _ _
Tel: _ _ _ _ _ _
Fax: _ _ _ _ _ _
Postal code: _ _ _ _ _ _ _ _
E-mail: _ _ _ _ _ _
Signature time: _ _ _ _ _ _ _
Signing place: _ _ _ _ _ _
Based on the principles of mutual benefit, opening up export channels and giving full play to their respective marketing advantages, Party A and Party B have reached an agreement through friendly negotiation on the matter that Party A entrusts Party B to export its products to overseas customers (hereinafter referred to as "foreign businessmen") designated by Party A, and hereby sign this agreement according to the following terms:
I. General principles
This agreement is a general agreement to establish the legal relationship between Party A and Party B, and both parties will sign a specific purchase contract for each batch of goods actually exported; Each purchase contract signed by both parties is automatically bound by this agreement. In case of conflict, the provisions of this agreement shall prevail.
Second, institutional issues.
1. Party A entrusts Party B to export its products as an agent. The specific quantity, quality, specification, price, payment method, delivery date, port of destination and insurance of the products shall be negotiated by Party A and the foreign investors themselves, and shall be directly responsible to the foreign investors. Party A shall be responsible for the responsibilities and losses caused by the quality, quantity, packaging and delivery date of the exported goods, and Party B shall not bear any responsibilities.
2. Party A is responsible for arranging production according to the delivery date agreed with the foreign businessmen, and providing Party B with true and accurate information on the name, specification, quantity, amount and packaging of the exported products three working days before the goods are declared for export, and providing commodity inspection and replacement, so that Party B can declare to the customs according to these information and perform relevant procedures. If the information provided by Party A is inconsistent with the actual exported goods, resulting in customs detention or punishment, Party A shall bear the responsibilities and losses caused by the delay in shipping schedule and delivery, and Party A shall compensate Party B for customs punishment and corresponding losses. In case of other special circumstances, Party A and Party B shall negotiate and bear their own responsibilities and expenses.
3. Party A is responsible for arranging ocean transportation (the expenses shall be borne by Party A), chartering and booking space, and faxing the shipping company's bill of lading to Party B in time to inform the ship of the deadline; Party B shall be responsible for arranging the delivery of boxes and trailers from Party A's factory to Shenzhen Wharf according to Party A's delivery list, and bear the trailer expenses for this section; Party B is responsible for declaring the export of goods to the customs, handling all formalities related to export declaration, and bearing the corresponding customs declaration fees and other related expenses. After the export goods are packed, Party B is responsible for filling out the purchase contract according to the actual situation, which will take effect after being signed and confirmed by both parties.
4. After receiving the packaging materials provided by Party A, Party B shall make a complete set of documents for Party A's export business free of charge in time. And arrange customs declaration and export. If the export delay is not caused by objective reasons or customer claims, Party B shall be responsible for all expenses arising therefrom.
Third, tax refund.
1. The tax refund shall be handled by Party B. ..
2. Party A shall, within three days after the goods are declared for export, deliver to Party B the legal and valid VAT invoice and tax (export-specific) payment letter covering all the goods under the relevant procurement contract. Prior to this, Party B has no obligation to pay the taxes stipulated in the relevant purchase contract to Party A. If Party A fails to deliver the above documents to Party B within 30 days after the goods are declared for export, or the documents delivered by Party A fail to pass the examination of the tax refund authority, Party A has no right to ask Party B to pay the taxes stipulated in the purchase contract; If Party B has paid taxes to Party A, Party A shall refund them.
Fourth, the mode of payment.
1. Payment method of deposit:
(1) Party B shall, within three working days after receiving the deposit paid by foreign investors, convert the corresponding foreign exchange funds into RMB at the exchange rate of _ _ _ _ _ _ _ and pay it to Party A. ..
(2) Party B shall, within three working days after receiving _ _ _ _ _ _ _ _ documents.
(3) Within three working days after the relevant purchase contract comes into effect, Party B shall pay _ _ _% of the total purchase price under the purchase contract to Party A as the down payment.
2. Balance payment method:
(1) Party A is responsible for urging foreign businessmen to pay all foreign exchange payment for this batch of exported goods to Party B's account within _ _ _ _ days after the goods are declared for export; After receiving the foreign exchange payment, Party B shall, within three working days, deduct the amount that Party B has paid to Party A according to Article 1 of this Agreement, deduct the handling fee of _ _ _%, and pay the balance to Party A ... or
(2) Within three working days after the goods are declared for export and Party B receives the legal and valid VAT invoice and tax (export-specific) payment covering all the goods under the relevant purchase contract, after deducting the payment made by Party B to Party A according to the purchase contract amount, the handling fee of _ _ _ _ _ _% shall be deducted.
(3) Within three working days after the long-term L/C issued by Party B for foreign investors is accepted by the issuing bank, deduct the purchase contract amount from the payment made by Party B to Party A according to Article 1 of this agreement, deduct the handling fee of _ _ _ _%, and pay the balance to Party A. ..
3. No deposit payment:
Party A shall be responsible for urging foreign businessmen to pay all the foreign exchange payment for this batch of export goods to Party B's account within _ _ _ _ days after the goods are declared for export; After receiving the foreign exchange payment, Party B shall, within three working days, convert the received foreign exchange into RMB at the exchange rate of _ _ _ _ _ and pay it to Party A. ..
Verb (abbreviation of verb) foreign exchange collection
Party A shall ensure that all foreign exchange funds are paid to Party B within _ _ _ _ after the goods are declared for export, so that Party B can write off foreign exchange. If the foreign merchant fails to pay all foreign exchange payments as promised, then:
1. Party B has the right to ask Party A to pay the money it has paid according to Article 4 of this Agreement. At the same time, Party A is obliged to return the payment within three working days after receiving the notice of recourse from Party B, and bear the interest loss and other related expenses caused thereby.
2. Party B has no obligation to pay the purchase price according to the purchase contract signed by Party A and Party B, and is exempted from any liability for breach of contract related to delayed payment.
3. If Party B fails to write off foreign exchange due to non-payment by foreign businessmen, and Party A is punished by relevant departments, Party A shall bear the responsibility and compensate all losses suffered by Party B..
Intransitive verbs audit accounts
1. At the end of each month, Party A and Party B shall check the accounts of business transactions that occurred this month, and negotiate on issues that cannot be implemented in time according to this Agreement and the purchase contract (such as the provision of VAT tax stamps, the delay in foreign exchange collection, etc.). ), and put forward the handling opinions acceptable to both parties.
2. Party A and Party B shall confirm the conclusion of the monthly audit and the handling opinions on related issues in written form as the basis for the next month's audit.
Seven. others
1. Party B must keep the business entrusted by Party A absolutely confidential, and shall not intentionally disclose directly or indirectly the relevant business information of Party A's business customers (except those reported to the relevant state departments when handling the export license, customs declaration and foreign exchange settlement procedures).
2. If the national export tax rebate policy or exchange rate changes, both parties shall make corresponding adjustments in time.
3. Matters not explicitly stipulated in this agreement shall be implemented in accordance with the Interim Provisions on Foreign Trade Agency System (issued on August 29th, Foreign Economic Relations and Trade 199 1).
4. This agreement shall come into effect after the authorized persons of Party A and Party B sign and affix the official seal of the company.
5. This agreement is made in duplicate, each party holds one copy, which has the same effect.
6. The validity period of this Agreement is _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Party A: _ _ _ _ _ _ _ _ _ _ Party B: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Party B.
Signature of the authorized person: _ _ _ _ _ Signature of the authorized person: _ _ _ _ _ _
Official seal: _ _ _ _ _ _? Official seal: _ _ _ _ _ _ _
Model export agency contract
Entrusting party:
Agent:
In accordance with relevant national laws and regulations, both parties have reached an agreement on matters related to entrusted export business and concluded this contract:
One. Name of entrusted export commodities:
Export port:
Total amount: USD billion, which will be completed before the end of the year.
The specific model, specification, quantity and amount shall be confirmed separately before each batch is exported.
Two. Rights and obligations of both parties:
(1) Agent:
1. Acting as an agent for the entrusting party to handle customs declaration, inspection, consignment, settlement of foreign exchange and tax refund, but due to the export contract and its annexes,
All responsibilities caused by component defects shall be borne by the entrusting party.
2. If the export contract cannot be performed, cannot be fully performed or is delayed due to the reasons of the entrusting party, the agent has the right to terminate this agency contract.
At the same time, the entrusting party shall bear all expenses and consequences arising therefrom.
3. If this contract cannot be performed, cannot be fully performed or is delayed due to foreign reasons, the Trustee shall promptly notify the Client to take remedial measures. If the entrusting party requests foreign claims in writing within the limitation of action, the agent shall actively assist the entrusting party to make foreign claims according to its export contract, and all expenses and consequences arising therefrom shall be borne by the entrusting party. Before claiming compensation, the prepaid expenses shall be transferred to the agent's account according to the agent's written notice. If the client fails to pay the relevant claim fees, but the agent pays first, the client will lose the right to claim, but it cannot be exempted from the obligations arising from the claim. The above obligations include but are not limited to attorney's fees, legal fees, arbitration fees, travel expenses, communication fees, etc. On the other hand, if a foreign investor claims, the agent should respond to the lawsuit/ruling, but the client should unconditionally assist and bear all the expenses and consequences of responding to the lawsuit/ruling.
(2) The entrusting party:
1. Copies of the following valid certificates shall be provided:
① Business license of enterprise legal person (including business license of unincorporated person);
② Organization code certificate;
3. Tax registration certificate (national tax);
(4) VAT general taxpayer qualification certificate or application confirmation form (enterprises apply for general taxpayers);
⑤ If it is a foreign-invested enterprise or a Sino-foreign joint venture, the approval certificate of overseas Chinese enterprises from Hong Kong, Macao and Taiwan shall also be provided.
If the above license expires, the entrusting party shall provide a copy of the above information to the agent within half a month after the annual examination.
2. Ensure that the goods entrusted for export conform to the national policies and laws of the exporting and importing countries, and ensure that the goods entrusted for export do not infringe upon the intellectual property rights of others.
3. Be responsible for organizing the export supply, and transport the entrusted export goods to the port of shipment on time and bear the freight according to the provisions of the export contract.
Ensure that the goods actually entrusted are in conformity with the name, specification, quantity, quality and packaging of the customs declaration form. If the entrusting party violates the provisions of this article, it shall
Bear the external and compensation responsibilities to the agent arising therefrom.
4. Assist the agent in handling customs declaration, inspection, document preparation, foreign exchange settlement and other specific businesses, and ensure the safety of all documents obtained from the agent, and shall not be used for other purposes.
5. The agent does not accept LCL goods in principle. If necessary, the entrusting party shall notify the agent in writing one week before the goods are declared for export, and the agent shall decide whether to accept or not.
6. The entrusting party shall truthfully declare, and shall not falsely report the quantity or exaggerate the value.
7. If the consignor designates a freight forwarder and the goods need to be declared for export in different places, the consignor shall inform the agent of the name, address, contact person, telephone number, fax number and other detailed information of the freight forwarder, and allow the agent to contact the freight forwarder directly. Before the goods are officially declared for export, the freight forwarder will fax the packing list and invoice to the agent for confirmation.
8. Ensure that VAT invoices and special payment books are true, valid and legal.
9. Without the consent of the agent, the entrusting party shall not change the confirmed contract terms without authorization, and shall not make commitments beyond the contract to foreign investors.
10. Take full responsibility for the failure to perform this contract and the contract signed with foreign investors due to the reasons of the entrusting party.
1 1. Be responsible for the credit standing of foreign investors, and bear the responsibility that the contract signed with foreign investors cannot be fulfilled or the contract signed with foreign investors has been partially fulfilled, but the foreign exchange cannot be collected and written off. The above-mentioned breach of contract by foreign businessmen leads to non-performance or incomplete performance of this contract, and does not affect the agent's right to collect agency fees under this agreement.
12. Ensure that tax refund documents such as customs declaration form and verification form are returned to the agent within 30 days after the customs declaration date, and ensure that all contents of the customs declaration form and verification form are consistent with the corresponding VAT invoice and special payment form.
13. If the VAT invoice and special payment letter cannot be returned due to the reasons of the entrusting party, the agent has the right to ask the entrusting party for a refund. The entrusting party shall pay the tax refund to the bank account designated by the agent within 3 working days after receiving the written notice from the agent.
Three. Settlement of fees and agency fees:
1. All expenses incurred in the export process except tax refund shall be borne by the entrusting party. If any expenses need to be paid by the Consignee, the Entrusting Party shall transfer them to the Consignee's account before each expense actually occurs, and the Consignee may directly deduct them from the payment. The export expenses under this contract include: insurance premium, port and dock fees, local short-distance transportation and miscellaneous fees at the port of shipment, storage fees, export inspection fees, quarantine fees, customs declaration fees, domestic bank fees, etc.
2. A. The agent is responsible for receiving telegraphic transfer payment from foreign customers, and the payment shall be remitted to the bank account designated by the agent within 60 days. After receiving the foreign payment from the customer, the agent will remit the payment to the bank account consistent with the VAT invoice at the exchange rate of 65,438+0 USD: 8.26 RMB. After the verification form and customs declaration form are returned, the foreign exchange payment shall be deducted at the rate of 1 USD: 9. 14 RMB within 3 working days after the receipt of the special VAT invoice and tax payment letter provided by the entrusting party, and the balance shall be remitted to the bank account consistent with the VAT invoice as notified by the entrusting party, and the rest (including not less than 13%).
3. If the agent fails to actually collect all the foreign exchange when the payment period of the export contract expires, the agent reserves the right to claim the payment from the entrusting party. If the agent fails to check the relevant information of the VAT invoice and payment book at the IRS two months after the client issues the VAT invoice and payment book, the client has the responsibility to assist the agent to check with the local IRS.
Four. Liability for breach of contract:
1. Under this contract, if one party breaches the contract, it shall not only bear the liabilities for breach of contract and compensation according to law and compensate the actual losses of the observant party, but also bear the expenses paid by the observant party to realize the creditor's rights, including but not limited to attorney's fees, legal fees, travel expenses and communication fees.
2. From the date when the defaulting party violates this contract and legal obligations, any subsequent payment shall be paid off in the following order: (1) the expenses paid by the observant party to realize the rights; (2) Interest or liquidated damages or damages; (3) Pay the principal.
Five. Dispute resolution method:
1. This contract is governed by the Contract Law of People's Republic of China (PRC) and the relevant provisions of China foreign trade agency.
2. Disputes arising in the process of entrustment and agency shall be settled by both parties through consultation. If negotiation fails, it shall be decided by the court in the place where the contract is signed.
Six. Others:
The settlement price above 1. will be adjusted by both parties through consultation according to the actual tax refund time and the market situation in 20xx.
2. If the entrusting party or the factory designated by the entrusting party needs to be provided by the agent? Product purchase and sale (sales) contract? This contract is only used for issuing VAT invoices. In case of any conflict with this agreement, this agreement shall prevail.
3. If the exchange rate between the US dollar and the RMB of the People's Bank of China changes, which is higher or lower than 1: 8.26 (excluding this figure), the agent and the customer shall negotiate the settlement ratio in point 2 of Article 3 of the agency contract separately to ensure that the agent will not suffer agency business losses.
5. If State Taxation Administration of The People's Republic of China adjusts the export tax rebate rate of this product to be higher or lower than 13% (excluding this number), the agent and the entrusting party shall separately negotiate the settlement ratio in point 2 of Article 3 of the export contract of this agent to ensure that the agent will not suffer agency business losses.
Seven. This contract is made in duplicate, one for each party, and shall come into effect after being signed and sealed by both parties. If there are any unfinished matters that need to be supplemented or modified, they should be put forward in written form, which will take effect after being signed by both parties and have the same legal effect as the export contract of this agency.
Client: Agent:
(Seal) (Seal)
Representative: representative:
Contract signing place: