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    物流企业速递快运快递运输管理操作运营流程 宅急送 国际业务月结协议(英文版)P4.doc

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    物流企业速递快运快递运输管理操作运营流程 宅急送 国际业务月结协议(英文版)P4.doc

    Cargo Delivery Service ContractShipper (Hereinafter referred to as Party A): Carrier (Hereinafter referred to as Party B): Beijing ZJS Express Co., LTDThis contract is made for cargo service the carrier offer to the shipper after the two parties negotiation, according to “contract law of peoples republic of china” and the related law for cargo service, whereby it is to definite both parties right and obligation, insure both parties achieving their own economic goal. Both parties should obey it.1. Service rangeThe carrier should offer the following service to the shipper.1.1 International door-to-door Express services1.2 International door-to-port Transportation services1.3 Provides sorting, packaging and storing services for cargo, whose charge is accounted additionally.1.4 Storing services, the storage charge should be paid by Party A.1.5 Insurance for shipment, the premium should be paid by Party A.2. Party As other special requirement for service.2.1 Party B agree offer Part A a special discount of based on Part Bs standard tariff of International express service.2.2 The special rate(offered by Part B individually) will apply for one shipment above 100kgs, and at meanwhile no discount for the same shipment.3. Time limit for service.This Agreement is valid from to . 4. Form of confirmation4.1 Party B shall receive a request via telephone, fax or E-mail from Party A .4.2 Upon approval of a request by both parties, Party A shall submit and transfer the entire work related documents to Party B in a timely manner (Including the carried goods need to be approved and inspected). 4.3 Upon receive a work request from Party A, Party B shall issue a work order in accordance with the standard service charge and process appropriate insurance coverage (as requested by Party A).5. Insurance of cargo5.1 Party A commissions Part B to insure for freight, whose charge is paid by Party A.5.2 Party A doesnt commission Part B to insure for freight.6. Balancing means and time6.1 The carrier makes the charge according to the charge standard confirmed by both parties (Please find details in the contract appendix Price List for Zhaijisong service).6.2 The carrier settles its account of last months business at every month, the shipper should confirm in 5 days after receiving the account list offered by the carrier, and pay the carrier in cash, check, or draft in 5 days after receiving the invoice if the account list is correct. Otherwise 0.1%of the service charge per day should be paid to the carrier if the shipper delay to pay.6.3 If shipper cant pay carrier in time as the reason of delay of presentation of the bill for balance from carrier, shipper wasnt responsible to it.6.4 Carrier should inform shipper one week ahead of time if the service price offered by the carrier changes. The changed price carries out after the shipper confirmation in paper.7. Right and obligation7.1 The shippers right and obligation.7.1.1 The shipper has the right to require where the goods be delivered to the destination, and the shipper has the right to change or cancel the commission before the procedure of lading and consignment, but meanwhile the shipper should be billed all the extra charge caused by the above change.7.1.2 The shipper has the right to know the situation of the committed business and information in the service process at any time.7.1.3 The shipment can not include but not limited to the combustible, explosive, toxic, semi-dangerous goods and goods prohibited to be exported by statute and carrier.7.1.4 The shipper is obliged to pack the shipment according with not only the requirement of the carrier, but also should be subject to normal handling and international transportation.7.1.5 The shipper is obliged to write the shipment description, consignee information including delivery address, name and telephone of consignee correctly, and provide all documents for the customs clearance.7.1.6 The shipper is obliged to pay the carrier by the contract.7.1.7 The shipper is obliged to pay the additional charge which is caused by the shippers special and additional request.7.1.8 The shipper is obliged to ensure the freight is accordance with the safety requirement.7.2 The carriers right and obligation7.2.1 The carrier should afford a safe, punctual cargo service in time according to the contract, and offer prior service for the shipper when the vehicle is intense.7.2.2 The carrier is obliged to keep the commercial secret for the shipper, and offer feedback to the shipper.7.2.3 The vehicle offered by the carrier should be licensed and the license should be available, driver is skilled.7.2.4 The carrier has the right to halt the business committed by shipper when the shipper disobeys the contract unilaterally.7.2.5 The carrier has the right to check the shipment. If packing is commissioned to the carrier, carrier should check and confirm the appearance and amount. The carrier isnt responsible to the internal quality and condition. The carrier has the right to refuse to transit or require repacking when the packing of shippers goods is unavailable to transport.7.2.6 The carrier has the right to charge according to the contract. 7.2.7 The carrier is obliged to do the customs clearance in both origin and destination for the international door to door express service, but the duties&taxes and other relevant charge including but not limit in quarantine fee occurring in the destination should be billed to the consignee or receiver.8. Liability for breach of contract8.1 Shippers liability.8.1.1 The carrier takes no liability of the goods damage and delay by reason that the shipper doesnt prepare the goods in schedule time and request.8.1.2 After the cargo arrival, if no consignee is available or consignee rejects to accept the goods. The shipper should pay for the storage and preservation of the shipment. 8.1.3 For the cargo which is packed by the shipper, .if its external appearance is good, other damage is took by the shipper.8.1.4 The shipper shall take on the damage and delay, which is caused by the shipper provides incorrect information of the consignee.8.1.5 The shipper shall take on all risks, if the shipper appoints someone to delivery cargo,.8.1.6 The shipper takes on the liability of payment of carriers staff loss and equipment loss at the following conditions:8.1.6.1 Putting dangerous goods, toxic and tainted goods, or forbidden, limited goods in the committed goods.8.1.6.2 The shipper should take the liability of other goods, vehicle, or equipments damage and staff loss due to the packing defect.8.1.7 The shipper shall take on all risks after the shipment delivery at destination.8.2 The carriers liability.8.2.1 The carrier should deliver the goods to the designated consignee without additional charge if the goods is delivered to the wrong consignee by the reason of the carrier. The carrier should fax the consignee, give shipper an explanation to the duty of accident and take on the loss.8.2.2 Once the freight insured by the carrier has an accident, the carrier should assist the shipper to claim from the insurance company and the amount of compensation is limited within the range the insurance company compensation.8.2.3 In the case of the force majeure accident caused by airway, railway which can not be controlled by Part B, Part B will not be responsible for the force majeure accident, but the carrier should assist the shipper to claim.8.2.4 If the damage was caused by object and natural condition, the carrier doesnt take on responsibility.9. Novation and resolution9.1 Because of force majeure, both parties werent responsible.9.2 The carrier wasnt responsible to the damage thanks to the attribute of cargo 9.3 Any party can not novate the contract unilaterally in the time limit. If there is special reason to novate the contract or unable to perform the contract, agreement should be concluded by the two parties and negotiation should be made one month ahead of time, the contract just can be novated when the two parties achieve an agreement.9.4 When the contract can not be performed or can not be performed by the schedule condition due to force majeure, the party suffered should inform the other party in paper and offer details of the accident, relative certification of the reasons for contracts unperforment, or partly unperforment, or delay to perform. The two parties negotiate to decide whether to terminate or partly relieve the contract or delay to perform the contract according to the accidents affection on performing the contract.9.5 The novation or termination of contract should be put forward or reply in paper.9.6 Neither Part A nor Part B shall be liable for loss or delays due to Act of War, Public Enemies, Pirates or assailing, seizure under legal process, strikes, lockout, stoppages or restraints of labor from whatever cause, riot or civil commotion, for any cause beyond the control of either.9.7 In the event of losing or damaging your goods, if we are liable and in the case of no insurance coverage for your shipment, we will pay you at USD20.00/ per kilogram(for airway) and USD10.00 per kilogram(for the landway) with a maximum of USD100.00 per shipment which is lost or damaged. But we are not responsible for the internal derangement and data loss of the shipment.9.8 In the international door to port transportation service, we will not responsible for the customs clearance at destination which should be fulfilled by the consignee, and the shipper should be obliged to prepare and inform the consignee to prepare all the documents which requested by the destination customs. The carrier will not be liable for the loss and surcharge occurring in destination.10. Solution for contract disputionNegotiation should be made by the two parties if dispution takes place when performing the contract. Any party can put lawsuit forward the court where the two parties sign the contract if negotiation fails.11. Unmentioned things can be negotiated in addition. The concluded agreement regard as appendix of this contract has equal law effect with this contract.12. The item of ZJS airway bill is the appendixes of the contract. When the contract doesnt stipulate, this item is valid. When the conflict created between the contract and the item, the contract is valid.13. In order to execute the contract, after 3 days the contract subscription, Part A needs to apprize the designated in charge person to Part B in writing. If there is any change, Part A should inform Part B in 5 days in advance. The signature of Part A is considered the action of Part A.14.There are two original contract, both parties have one, it takes effect from date of contract subscription.Additional article: The two parties should offer each other the copy of the counterpart of their business license. Party A(signature): Party B(signature):Corporation agent or assignor: Corporation agent or assignor:Address: Address:Telephone : Telephone :Signature date: Signature date:

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