委託進口代理協議
⑴ 關於貿易代理協議如何操作,合同如何擬定與出口方,與委託方(進口方)
你說的操作都沒問題,工廠給了你全款,你只是代理開證,你怕啥?如果回你不開證,工答廠還找你幹嘛?工廠付款,你開證進口貨物,你倆之間簽代理協議也好購銷合同也好,貨物如果出了問題由誰負責這一項要你和工廠商量定然後在合同里註明。進口環節的質量把控,你和工廠要協調好,多溝通,單據可以要求嚴格一些,比如第三方檢驗機構出具的檢驗報告、當地商會開具的原產地證等等,所有單據一定包括信用證申請書一定要經過工廠確認再開出。
⑵ 急求一份委託進口代理協議的翻譯
Commissioned by: (Client)
Acting side: (B)
Consists of both in the rules, honesty and trust, equality and mutual benefit and friendly consultation with the principle of this agreement:
1, consists of both the "PRC Contract Law" and "On the foreign trade agent system of temporary regulations", by Party A Party B and designated foreign suppliers (hereinafter referred to as foreign investors) signed a contract imports, and imports all relating to the contract rights, obligations and responsibilities of the Party A commitment; B imports in the contract as an agent of Party A, enjoy our laws, regulations and agreements agreed by the agent of the right to bear agent obligations. Party A Party B pursuant to the provision of documents and foreign data import declarations, it should ensure that Party A document information true, legitimate, in line with the actual goods, there must be no false, omitted, or, as discovered violations, or should bear the relevant responsibilities and consequences. The agreement, under any circumstances do not lead to the purchase and sale between the two sides consists of a contractual relationship.
2, Party A Party B commissioned by the Acting goods imports following:
Client between foreign and quotations to be confirmed by Party A to B, B to the drafting and signing of Ji's import contracts.
3, Client obligations:
1, as agreed to the timely payment of the purchase price and the B costs;
2, For imported goods for ty-free, without prior notice to Party A Party B, and the goods will be effective before the customs-free proved to B, for customs purposes. If the tax proved ineffective, resulting in the import tariff, value-added tax by Party A and commitment.
4, B obligations:
1, according to information provided by Party A, the timely drafting and signing of imports and foreign contract;
2, in accordance with the contract's requirements, the receipt of the advance payment Party A, timely external opening of letters of credit or external payments;
3, in time for imports of mechanical and electrical review, change orders, customs, seized three, delivery and import proceres related to the expeditious clearance of goods. B delivery agreement between the two parties to designated locations; Agents can also commissioned B with delivery to the designated locations, transport costs in real settlement;
4, at the end of the contract, promptly issued statements, invoices provided agents with a contract Party A clearing.
5, settlement and payment methods:
Six other agreed:
A trade contract disputes such as the implementation of the required claims, returns or arbitration proceedings, by Party A's still have contractual payment conditions for the first pair of B funds, together with the B in accordance with the law to foreign claims and related costs and risks and the possible responsibility of the result by A borne. Under any circumstances Party A may use it as an excuse to pay B contract amount;
2, commissioned by Party A in the business may have to lower prices, smuggling, tax fraud, foreign exchange-related crimes, or should bear all the legal consequences; If B and therefore subject to administrative punishment, should bear all the fine Party A, B and should therefore be equivalent to the loss of goodwill the amount of compensation;
3, import cargo declaration, if customs classification of the tax base price or tariff rates, loss by Party A, but the Party A Party B with the obligation to explain to the customs law and appeals; The two sides agreed by the end of the RMB exchange rate, or the amount of settlement under the circumstances, if the process of fulfilling the contract exchange rate changes more than 2 ‰, the two sides settled the amount of facts adjustment; If the declaration process of Customs and other non-B causes time delays, increased costs or proce a fine, should be Party A commitment to the cause of the B, B commitments;
4, either as a result of force majeure reasons (including national policy adjustment and the reasons for the law enforcement departments) is unable to perform the trade agreement or contract obligations in whole or in part, may waive all or part of the corresponding responsibility; Not in accordance with the provisions of the contract period to fulfill its obligations, to exempt their delay obligations;
5, a plicate of this Agreement, the two sides differ in a single sealed after the date of signature.
⑶ 進口代理合同代理人和委託人之間有貿易背景嗎
進口代理合同代理人和委託人之間不一定有貿易背景,但二者之間必有一定的信任度。二者之間單就委託代理進口事宜是委託和被委託的關系,彼此之間的資金往來也是代收代付關系,而不是買賣關系。
⑷ 代理進口合同是個什麼性質的合同是代理還是委託
在合同法上叫「委託合同」;在民法上叫代理。此處的代理與民通則上的代理有很大的不同處回,被答代理人的地位受到一定的限制,有些業務必須以代理人的名義辦理,比如《規范進出口代理業務的若干規定》第七條代理人必須按照本規定認真履行其職責。進出口代理業務的合同、有關單證的以下項目(欄目),均必須為代理人: (一)進出口合同:對外簽約人; (二)進出口許可證:進口商或出口商; (三)進口證明或登記表:對外簽訂合同單位; (四)海關報關單:經營單位; (五)結匯、購付匯及核銷單證:進口單位或出口單位。 第十二條代理人要全過程參與和跟蹤進出口代理業務和合同執行。 對在執行進出口合同中所出現的問題,代理人應及時與委託人聯系。涉及對外索賠、理賠,代理人和委託人應按合同約定,積極處理。 在對外索賠過程中,如委託人拒絕預付索賠所需費用(指應由委託人承擔的),代理人可以自行承擔費用和風險,索賠所得歸代理人所有。