Responsible for the supply chain

News Details

Business 2021-06-01

Container Port Agency Agreement

Party A:

Party B: LIANYIMENG (TIANJIN) Supply chain Co., Ltd

Whereas Party A has the business of export collection port and drop off containers. Party B has the relevant agency qualification and supporting service facilities suitable for export packing and warehousing operation. In order to clarify the rights and obligations of Party A and Party B and in accordance with relevant laws and regulations. With reference to the 《port cargo operation rules》. Through friendly negotiation, the following intention is reached on Party A's entrustment of Party B to undertake the transportation of containers to the collection port:

i. Responsibilities and obligations

Party A’s responsibilities and obligations to Party B here

1) Party A shall provide Party B with necessary documents and electronic information for the operation of export collection port and temporary container storage at least one day in advance to facilitate Party B's operation. Party A shall be responsible for the authenticity, legality and effectiveness of documents and information.

2) Party A container must enter the yard 12 hours before customs cut off then we can be confirmed with the port. If you enter the yard 12 hours before or after the customs clearance, Party A must enter the yard with a letter of guarantee and Party B can collect on behalf of the port.

3) When customers have special requirements for entrusted services. Party A shall notify Party B in written form in a timely manner.

4) Party A shall responsible for the actual cargo of the temporary loading and collection port containers to be legal and non-dangerous goods. Inflammable, explosive, poisonous and harmful items shall not be concealed or falsely reported. It is strictly prohibited that inflammable, explosive, toxic and harmful dangerous goods illegally enter into our container yard. Once they are found and ordered to prohibit operation. They will be handed over to the public security and anti-smuggling departments for treatment and all consequences and losses incurred shall be borne by Party A.

5) Strictly abide by the Tianjin Port Group's regulations on illegal goods import and export and strictly prohibit the illegal operation of dangerous goods in container yards. Resolutely put an end to illegal acts of engaging in dangerous goods operations in the area of the yard (No. 199, Haitie 3rd road, this warehouse is second warehouse). If Party A is found to have violated the law. It will be stopped immediately and sent to the public security and anti-smuggling agencies for handling and Party A shall bear all the consequences.

Party B's responsibilities and obligations to Party A here

1. Party B shall assign special personnel to be responsible for Party A's business. After receiving the documents provided by Party A. Party B shall carry out various services according to Party A's requirements. The lifting and dropping operation shall be carried out carefully to ensure the safety of goods. In case of unclear requirements for the above services, Party A shall be contacted in time for confirmation.

2. Party B shall promptly notify Party A of the problems arising in the port process (no manifest/no data at the terminal, etc.), and arrange the terminal to send the arrival data after the port assembly gathering.

3. Party B guarantees to provide Party A and Party A’s customers with services seven working days a week.

4. Party B is responsible for helping Party A check the status of the collection port and the status of the arrival, and cooperate with Party A to do the query work.

5. Party B can cooperate with Party A with the issue of non-verification of import manifests for exported containers for free.

6. In view of the difficulties encountered in the customs clearance of Party A's export goods at the port. Party B can provide Party A processing technical consultation for free.

ii. Fees and settlement

1. storage and container gate-in:

BeiJiang:40’ 210 yuan,20’ 180 yuan

Dongjiang: 40’ ____ yuan,20’ ____ yuan

2. Transshipment fee:

1) The entire ship transshipment from the shipping company is free of transshipment fees and removal fees.

2) If there is a transshipment on the current voyage. If the time is delayed. The transshipment fee will be waived for the first transshipment. After the voyage is postponed, if there are more than 2 transshipments. The transshipment fee of 60 yuan/20’ 80 yuan/40’ will be charged start from the second transshipment and it fee will be charged for each additional transshipment.

3) If transshipment occurs on the current voyage because time is ahead of schedule. An additional 50 yuan removal fee / container will be charged. Regardless of large and small containers and no transshipment fee will be charged.

3. During the Spring Festival transport period, the container will be charged double of the monthly average quantity. The excess part will be charged at the actual market price.

4. All the above expenses include issuing tax invoices.

5. If the above rates change due to market changes. The relevant prices can be adjusted after negotiation by both parties.

6. Other expenses not listed shall be calculated and collected by Party A and Party B through mutual negotiation according to the operation process and quantity.

7. Settlement method:

1) Party B presets 3000 credit limit in the system for Party A and Party A automatically deducts the credit limit after adding new orders, transshipment, etc. If the credit limit is not enough to pay new orders and will send reminders. Otherwise the system cannot allocate drop-off space.

2) After the credit limit has been deducted, if the payment is not made offline, the previous month’s expenses must be completed before the 5th of the next month.

8. Payment method:

Party A pays offline and uploads the bank transfer voucher in the

system. Party B restores the corresponding quota after verification.

iii. Cargo retention

Party A shall pay Party B’s operating expenses as agreed and Party B shall provide services as agreed.

If Party B agrees to deliver the operation after the operation is completed. If Party A fails to pay Party B’s operating expenses as agreed. Party B can exercise a lien on Party A’s goods and dispose of the goods in accordance with the law. Party A shall bear the resulting expenses. At the same time, Party B has the right to require Party A to pay 1% of the deferred payment fee on a daily basis to bear Party B's liability for breach of contract.

iv. Terms of employment

If Party A is the cargo carrier or the agent of the cargo carrier and Party B is the employer of the carrier to operate the goods it carries. Party B is entitled to enjoy all rights enjoyed by Party A in the contract of carriage of goods by sea (including but not limited to the bill of lading). Including but not limited to the limitation of liability.

v. Safety clause

Party A is responsible for the management of its personnel or vehicles. All personnel or vehicles of Party A who enter the yard shall consciously abide by the management regulations of Party B’s yard.

1) Party A’s personnel or vehicles can only move within the scope of operation specified by Party B. It is strictly forbidden to walk around and watch others operations.

2) Party A’s personnel or vehicles shall keep a safe distance from various operating machinery, vehicles and operating goods in the container yard. And shall not enter the unrelated operating area.

vi. Exception clause

If due to reasons beyond Party B's control:

1) If Party B completes the collection port before the customs cut-off time and the delivery status is normal, the container is dropped caused by the explosion of the shipping company or the wharf.

2) Force majeure, such as severe weather, severe traffic jams, wars, strikes and other force majeure factors.

3) Party A’s container is overweight. The documents are inaccurate and incomplete, and the collection port’s reserved time is insufficient. the collection port is late.

4) For other losses not caused by Party B. If the contract is terminated or unable to be performed based on the above-mentioned reasons. Party B will not bear all responsibilities arising therefrom. However, Party A shall compensate Party B for the relevant expenses already paid by Party B for the performance of the contract.

vii. Liability for compensation

Party B shall bear the relevant losses and expenses caused by Party A’s boxes not being collected at the port, dropped off the plan, and be abandoned the ship due to Party B.

viii. Dispute handling

In the event of a dispute between both parties. It shall be settled through friendly negotiation. if the negotiation fails. It shall be arbitrated by the Tianjin Arbitration Commission and Chinese law shall be applied.

ix. Supplementary articles

The agreement or supplement related to this contract signed by both parties will be deemed to have been incorporated into this contract and become an inseparable part of this contract. It has the same legal effect as the terms of this contract. In case of any conflict with the terms of the contract, the agreement or supplement shall prevail. This contract is in duplicate with each party holding one copy. The contract is valid for one year. This agreement will take effect on______year_____month_____day.

LianYiMeng (Tianjin) Supply Chain Management Co., Ltd.

June 1, 2021