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AGENCY AGREEMENT
BETWEEN
PTV LOGISTICS CO.,LTD & ………..
This agreement made on this day of 2012/01/01 between:
Part A : …….
………….
Tel:
Fax:
Email:
Representative:
Part B : PTV CO., LTD.
09 Dinh Tien Hoang str., DaKao Ward, District 1, Hochiminh city, Vietnam
Tel: 84-8-822 00 55
Fax: 84-8-824 15 06
Email: /
Representative: Mr. Choi Bun Do/Managing Director
Whereas ……….. and PTV CO., LTD have agreed to reciprocal representation for the purpose of the developing support with forwarding of cargoes by both sea and air between the all countries in the world to VIETNAM and vice versa including triangular shipment to / from third (3rd) countries.
It is therefore agreed :
Article 1. Appointment
………… is an official agent representing PTV CO., LTD (agent's name) within all countries in the world.
Article 2. Consideration
Both parties shall support the other to the best of their ability by utilizing all suitable means to develop and promote the mutual business in their respective area.
Article 3. Both parties shall perform the functions and responsibilities which include without limitation the following :
3-1. To carry out efficient marketing and sales activities thereby to activate both import
3-2. Both parties agreed to be fully responsible for the collection of all “Collect Charges” freightage and other relevant charges specified on the Bill of Lading, prior to or at the time of delivery to the consignee or their appointed agents/brokers.
It will be the full responsibility of each party to ensure that necessary banker’s release/endorsement is duly obtained prior to the release of any such shipments to the ultimate consignee named on the house bill of lading.
3-3. To give arrival notice to the actual consignee, coordinate for smooth delivery and comply with customs requirements wherever applicable.
3-4 Husbanding for each other either through their own or contracted freight terminal.
3-5. To prepare and dispatch all shipping documents in such a way to ensure a high degree of correctness and promptness.
3-6. To arrange for the issue of an outrun report indicating shortages, overages and damages. In the event of goods short outturned and/or which important damages, the agent must protect all rights of claims against carriers of other liable parties concerned by prompt written notification of loss and/or damages.
3-7. Party B will be responsible for the collection of all “collect charges” in VietNam or in respective area on behalf party A. The collected amount will be transferred to party A or other benificiary who is appointed by party A.
3-8. The nomination of benificiary should be made in written and sent to part B at least 02 days before transfer.
Article 4. Accounting and Remuneration
Invoices and credit notes shall in principle be sent by post, email or fax for accounting purpose. Both parties shall exchange and confirm the statement of account on a monthly basis before 05th of each month statement must be settled by 30th of each month.
Article 5. Commissions / Profit sharing scheme
5-1. Nominated shipments:
Handling charges: will be confirmed in credit note.
5 – 2. Freehand shipments:
Freehandling feebetween us for thefreehand shpt export from worldwide to VN and vice versa.
5 – 3. DDP & Ex-work shipments:will be discussed for separate shipments.
Article 6. Commitment
…………….. is a Foreign enterprises hasn’t permanent establishments in Vietnam
Article 7. Arbitration
All disputes arising in connection with this agreement shall be settled if possible by friendly negotiation between the parties. If settlement can not reached by negotiation, then the dispute shall be arbitrated in accordance with the rules of consolation and arbitration of the international chamber of commerce (ICC).
Article 8. Validity and Termination
This agreement becomes effective when signed by the parties nominated and shall be valid indefinitely unless termination if sought by either parties each giving the other not less than thirty (30) days notice thereof in writing.
In witness thereof, the parties hereto have caused this agreement to be executed on the day and year above written.
……………. PTV CO.,LTD
CHOI BUNDO