The parties hereto, through amicable negotiation, reach the following agreement for the issues of booking space for Party A’s cargo export by sea.
1．Party B agrees to accept Party A's commission and act as Party A's agent to handle the booking of cargoes for export by sea (the specific cargo name, loading, unloading port and other information shall be subject to the booking list submitted by Party A).
2．Party A shall fill in the name, quantity, quality and port of loading and unloading of the cargo truthfully in accordance with the format of the booking form provided by Party B and shall be responsible for any loss or liability caused by any error in filling in the form.
3. Party B shall timely provide Party A with the forecast of sailing schedule and the deadline for receiving orders of the shipping company. No above schedule forecast shall constitute the agreement between the parties as to the specific time of departure of the vessel from the port of loading and arrival at the port of discharge, however is only for the reference by the parties for the purpose of sea booking.
4. Party A shall, subject to the ship schedule forecast, deliver the booking list to Party B prior to the deadline of receipt of the order by the shipping company. Party B shall actively cooperate with Party A's request for loading of cargo beyond the deadline for receipt of orders, however shall not be responsible for any unable to loading cargo.
5. The packaging of Party A's cargo shall be suitable for marine transportation or for the special properties of the cargo, and the outside of the packaging shall indicate handling, storage, protection and other markings.
special requirements by Party A for the storage, protection or
export transport of the cargo
6、Party B shall, upon receipt of the booking order from Party A, immediately go to the shipping company to handle the procedures of cargo allocation. Where failure to plan the cargo loading as scheduled, Party B shall inform Party A thereof timely.
7. Provided that Party A requests to change the issues stated in the booking list subsequent to Party B’s receipt of the booking list submitted by Party A, a written change order shall, on prior
8. For the export cargo under the prepaid freight clause, Party B shall note the freight basis price on the allocation slip. Party A shall, prior to shipment of the cargo, effect payment of the freight charges to the account specified by Party B in accordance with the freight unit price and the quantity of the cargo Where any error in the unit price of freight indicated is found or any preferential freight rate between Party A and the shipping company is agreed, Party A shall require Party B to make correction thereof prior to expiry of the said period, otherwise the base price of freight indicated by Party B shall be deemed to accept.
9. For the export cargoes under other freight terms, Party B shall note the freight basis price and the deadline for payment of freight on the receipt of freight allocation. Party A shall effect payment of the freight charges to the account designated by Party B in accordance with the freight unit price and the quantity of cargo prior to expiry of the said period.
10. For the purpose of safeguarding Party A’s interests, Party B may, without any special authorization from Party A, advance the relevant freight charges to the shipping company on behalf of Party A. Party A shall effect payment of the freight advanced by Party B to the account designated by Party B prior to expiry of the freight payment period, except for any overpayment due to miscalculation by Party B. Party A shall pay liquidated damages for its late payment to Party B at the rate of five ten thousandths per day.
other charges such as port surcharge, Party A shall pay to the
account designated by Party B within
12. Party A shall effect payment of Party B's agency fee to the account designated by Party B within five working days upon receipt of the bill forwarded by Party B. For late payment, Party A shall pay liquidated damages to Party B at the rate of five ten thousandths per day.
13、对于第 8、9、10，11、12 条所涉及的各项费用，甲、乙双方可以协商以包干费用的形式支付。如遇有关费用调整，双方应根据实际情况相应调整包干费率。
13. For the costs and expenses which mentioned in clauses 8, 9, 10, 11 and 12, Party A and B may negotiate to payment thereof in the form of lump sum fees. In case of adjustment of the relevant fees, the parties shall effect adjustment of the lump sum rate accordingly pursuant to the actual situation.
B has the right, prior to Party A’s settlement of all the expenses
advanced by Party B,