物流英语合同范本.doc

物流英语合同范本（物流中心）

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Model Contract of Logistics Services

Party A (Client):
Legal representative: Authorized representative:
Address: Tel.: Fax:
Party B (Trustee): Legal representative: Authorized representative:
Address: Tel.: Fax:
Place of signature: Date of signature:

Through friendly consultation, both parties have reached the contract, whereby Party B shall provide Party A with the following logistics services:

1. Scope of services
1.1 Party A designates Party B as its logistics service provider, and Party B shall provide the logistics services as per the products described in Appendix *.
1.2 Party B provides Party A with logistics solutions, collection of payment, logistics insurance and other relevant services as well as storage, allotment, allocation, distribution of the commodity . (The contract shall set forth the specific items of the logistics services, the physical attributes of the goods, all the requirements for loading, unloading and handling and transportation, mode of transportation, information flow and each and every detail of the logistics process).

2. Obligations of both parties
2.1 Party A’s obligations
（1） Party A guarantees the legitimacy of the articles consigned and guarantees that the external package is complete and free of defects and damages.
（2） Party A is obliged to describe the goods accurately in Appendix *, put forth clear requirements for the transportation and custody in the corresponding part of the Appendix *, and provide the sample vouchers for taking delivery of the goods as described in Appendix *.
（3） Party A shall provide Party B with the documents and materials at the time covenanted in the logistics solutions confirmed by both parties and be responsible for the appropriateness and authenticity of the authorized documents provided.
（4） In case Party B is required to provide the transportation services, Party A shall send written notification to Party B（to be negotiated and determined separately for urgent allocation and distribution）and clearly notify Party B of the following content:
Name and quantity of the goods;
Shipment place and consignment address of the goods as well as the name and contact phone number of Party A’s shipper;
Address and time for taking delivery and place of unloading; and
Name, address and phone number of the collecting unit, postcode, contact person and other details.
（5） Party B does not accept the declaration form made by call in principle, but in case Party A can not make the declaration in writing in special circumstances, the declaration form may be pre-processed by call with corresponding indications made on supplementary declaration forms in writing that follow.
（6） In case of any change to the allocation and distribution/shipment upon start of shipment, Party A shall duly notify Party B of such change in writing, which change should be confirmed by Party B. Any extra expenses incurred with the transportation after such change should be borne by Party A.
（7） Party A shall provide Party B with the written confirmation within___hours according to the shipment requirements.
（8） Party A shall provide the goods in the format of the transportation plan of the attached Form *. Special persons shall be designated for delivery of the goods, who shall sign on the delivery bill recognized by both parties for handling with the delivery formalities on behalf of Party A. In case the delivery cannot be made at the time described in the plan, Party A shall send notification to Party B hours in advance.
（9） Party B shall provide Party A with DTW express bills and standard packing materials, and Party A shall select the matching package according to the attributes of the articles transported and adopt necessary prevention and protection measures.
（10） Party A shall be responsible for the losses arising out of Party B’s execution of the instructions from Party A due to errors or illegibility in the documents and bills provided by Party A, and Party A shall also undertake all the expenses incurred thereof by Party B.
（11） In case of any delay due to weather, transportation vehicle, accidents and other similar reasons that beyond control , Party B is entitled to postpone delivering the goods.
（12） Party A shall pay the logistics expenses and the commissions described in Appendix * to the contract and at the time stipulated by the contract.
（13） When freight is to be paid by another party or to be paid unless and until the goods is delivered. Party A shall be responsible for paying the freight and other relevant expenses when the consignee or the third party has refused to pay such freight.
（14） During the performance of the contract, the above-mentioned service should not be transferred from Party A to another party by Party A (unless otherwise agreed by Party B).
2.2 Party B’s obligations
（1） Party B is obliged to prepare the logistics solutions described in Appendix * according to the product catalogue in Appendix * and the requirements for transportation and custody in Appendix * provided by Party A.
（2） Party B shall make arrangements with the logistics operations according to the logistics solutions in Appendix * and guarantee to provide the information on the goods under inquiry as per the request of Party A.
（3） Party B shall send the goods to the consignee at the place specified by Party A at the covenanted time according to the requirements of the logistics solutions in Appendix * and be responsible for taking back the collection vouchers as described in Appendix * provided by Party A or other documents of legal effects, or the customers may sign on the collection bills, all of which shall be deemed as Party B has completed the services in compliance with the contract.
（4） Party B shall designate special persons to take delivery of the goods in the format described in the transportation plan of the attached Form *, who shall sign on the delivery bill (in Form *) recognized by both parties for handling with the delivery formalities on behalf of Party B.
（5） In case Party B’s employees have found that the content of the documents provided by Party A is inconsistent with the descriptions of Appendix *(Product Catalogue) or with the package of the actual goods, Party B is responsible for notifying Party A as soon as possible to confirm the relevant documents.
（6） Party B shall execute the service project in strict accordance with Party B’s instructions.
Upon arrival of the shipment at the destination, Party B shall carry out on-site check with Party A’s customers, and the package without damages and the a quantity of goods should be taken as the basis for the acceptance examination. In case of any damages to the external package or any error in the quantity of the goods, Party B shall send notification to Party A immediately and mark the indications on the acceptance bill of the goods.
（7） Party B shall form a special team for serving Party A’s logistics projects, all the information instructions shall be accessed between the special team and Party A, and Party B will not provide access to other regional centers of Party A.
（8） Provided that the transportation cycle and service quality are guaranteed, Party B preserves the rights for adjusting the mode of transportation with the content of such adjustment notified to Party A in writing.
（9） In emergency, without accurate written instructions of Party A, Party B may send the shipment according to call records, provided that Party B should not be responsible for any mistakes due to oral communication of information.
（10） In case of any delay of the service due to weather, transportation vehicle, accidents and other similar reasons that beyond control, Party B shall send notification to Party A within ___hours after knowing the occurrence of such incidents.
（11） In case of any loss or pollution caused by the goods due to any force majeure during the transportation, Party B shall be responsible for handling well with the shipment records with the relevant departments at the place of the incidents or the transfer and duly send the notification to Party A, while Party B shall provide Party A with the relevant certificates and assist Party A in making claims against insurer.
（12） Party B shall be responsible for all risks from the time when Party A transfers the goods to party B to the time when the goods are delivered to the consignee designated by Party A at the destination of the shipment.
（13） Party B is obliged to submit reports to Party A on the transit, storage and delivery of the goods in compliance with the logistics solutions described in Appendix *, and shall be responsible for the appropriateness and authenticity of such reports.
（14） Party B shall provide the relevant services according to the requirements for transportation and storage of the goods of Party A, and in case Party B fails to provide the relevant services according to the requirements, or in case of any direct losses due to the negligence or mistakes of the business personnel of Party B, Party B shall take the corresponding responsibilities.
3. Settlement of charges
3.1Renminbi shall be the settlement currency for both parties.
3.2 Both parties shall effect the settlement once a month. Party B shall provide Party A with the statement of account described in Appendix * for the logistics services of the preceding month before the 5th of each month and Party A shall complete reviewing and confirming such statement of account before the 10th of each month, overdue time of which will be deemed as Party A has implicitly consented to such statement provided by Party B.
3.3 Party B shall issue the invoices within three working days upon receipt of the confirmation of the statements of Party A, and Party A shall make all the payment within five working days upon receipt of the invoices, and in case of delay of the payment by Party A, Party A shall pay Party B liquidated damages at 0.1% of total sum delayed for each day of delay.
3.4 All the sum in disputes shall be settled in compliance with the principle that the sum in dispute shall not affect the settlement of the sum confirmed.
3.5 Names of the settlement units:
Party A:
Account No.:
Party B:
Account No.:
4. Insurance
4.1 Party A shall buy insurance for the full logistics process of the goods and refer the copy of the insurance contract to Party B.
4.2 Party B can buy the insurance for the goods on behalf of Party A at each stage when the goods are under control by Party B with the premium to be borne by Party A. In case of this Party B is obliged to provide Party A with a copy of the insurance contract.
4.3 In case of loss, damages or destruction of the goods , it is up to the insurant to make claims against the insurer, and the other party is obliged to provide all the necessary documents under his control and assistance for such claims.
5. Force majeure and exemptions
5.1 “Force majeure” refers to the objective circumstances that are unpredictable and unpreventable for both parties to the contract, which impede, or delay the performance by either party of full or part of their obligations in compliance with the contract. Such events include but without limitation to governmental acts, earthquake, typhoon, flood, fire or other natural disasters, war or any other similar events.
5.2 In case of occurrence of force majeure events, the affected party shall notify the other party of the details about the occurrence of such events immediately by the quickest means possible, as well as the degree to which such event impedes the performance by the notifying party of its obligations under the contract.
5.3The party affected by the force majeure events may temporarily suspend the performance of its obligations under the contract till the elimination of such force majeure events without any responsibilities for breach of the contract, provided that it has make utmost efforts to overcome such events and reduce the adverse impacts thereof.
5.4 Party B shall not be responsible for the losses, missing or delay of delivery of the goods due to force majeure events even if the goods is under Party B’s control, provided that Party B has provide Party A with the proof of the occurrence of the events. Though Party B shall assist Party A in making claims against the insurer according to the insurance clause of the goods.
5.5 In case of damages and shortage due to any of the following circumstances, Party B shall not be responsible for any compensation:
(a) Intentional acts or negligence of Party A or the consignee, such as improper package or errors in marking, etc;
(b) Self defects, natural consumption, or improper original package of the goods; or
(c) Force majeure.
6. Modification and discharge of contract
6.1 Both parties may adjust specific clauses or modify any clauses of the contract according to the changes of the economic environment and with consent by both parties through consultation, provided that written agreement on such modification be signed as supplement to the Contract. The supplementary agreement shall be taken as an appendix to the Contract with equal legal authenticity.
6.2 In case either party requires for discharge of the Contract, a written notice shall be sent to the counterpart one or two months in advance. In case of any losses to the counterpart, compensations should be made except for the responsibilities exempted by law.
7. Breach of contract
In case of any losses to the other party due to non-performance or failure of full performance of the contract by either party, the defaulting party shall undertake the responsibilities for breach of the contract, and the party with losses is entitled to request the defaulting party to pay the liquidated damages or compensate for the losses. In case the liquidated damages as covenanted are not sufficient for offsetting the actual losses, the party with losses may ask for compensation for the balance of the losses in the forms of indemnity.
8. Settlement of disputes
All the disputes relating to the Contract or arising out of the execution thereof shall be settled through consultation as possible, and in case the consultation fails, arbitration may be submitted to CIETAC in Beijing. The arbitration award shall be final and binding upon both parties.
9. Validity
The valid term of the Contract is____years from the sign and seal by both parties. On the expiry of the contract term, the two parties may extend the term mutually in written form thirty days prior to the expiry of the Contract.
10. Miscellaneous
10.1Without consent by the counterpart, no party to the