Tisch
Party A: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Party B: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Based on the principle of equality, mutual benefit and common development, Party A and Party B sign this international express business cooperation contract for common promotion and compliance.
The first time limit
This Agreement was signed on _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
1. The excess part of the renewal of this agreement shall be re-signed and sealed (if it is used up, a new agreement shall be replaced), and the date shall be linked with the expiration date of the previous year.
2. Replace and re-sign Annexes I and II applicable to the next contract term.
Article 2 Party B agrees to entrust Party A with the delivery of international express mail in writing, and Party A shall do its best to arrange the delivery of express mail in the fastest time.
Article 3 Price
Party A determines its price to Party B according to its published market price, the monthly delivery volume and distribution of receiving places of Party B and the performance period of this Agreement (see Annex I). The price actually enjoyed by Party B is equal to the product of the market price published by Party A and the corresponding percentage in Annex I. ..
Article 4 Price Adjustment
1. Forecast: Party A determines the price for Party B on the basis of forecasting the monthly delivery quantity and the distribution of receiving places of Party B.. When the actual situation is quite different from the forecast, Party A and Party B shall negotiate to adjust the price.
2. Recovery: In the following circumstances, Party A has the right to terminate this agreement and recover the discount given to Party B on the date of this agreement.
A. Party B transfers the rights or obligations conferred by this Agreement to a third party without authorization;
B. Party B transfers Party A's proprietary articles such as waybills and parcels provided by Party A to a third party;
C. Party B fails to pay the freight to Party A in full and on time;
D during the contract period, without the consent of party a, party b transfers the express delivery business to a third-party express delivery company. (except that Party A is unable to provide the services of a third-party courier company);
3.a. Density: When Party A announces the price in the market, it shall be determined according to the standard volume-weight ratio (6 m3: 1 ton). If the ratio of volume to weight consigned by Party B exceeds the standard, Party A has the right to charge according to the volume and weight.
B. Surcharge: If there are unforeseen temporary expenses (including but not limited to customs duties, storage fees, etc.). ) When signing this Agreement, Party A has the right to charge such extra fees, but it shall be determined item by item.
C annual review: the price percentage should be reviewed at least once a year. If there is any modification, Party A and Party B shall negotiate to adjust the price.
D. Party A shall confirm the price adjustment or surcharge stipulated in this Article (namely Article 4) in writing within 7 days after it occurs.
Article 5 Party A shall provide various materials, international dhl documents, carton materials, etc. Free of charge, but Party B must guarantee the exclusive use of special materials.
Article 6
1. Party B guarantees that all consigned goods do not contain articles prohibited by laws, treaties and conventions.
note:
* Embargoed goods refer to dangerous goods, valuables, hazardous materials, weapons, military equipment and its components, illegal drugs or drugs, precious stones, jewelry, cash, negotiable instruments, animals and plants, similar goods prohibited by law, goods requiring special treatment or marked with necessary conditions;
* It has been declared to our company that it will not be included in the agreement as special transportation;
2. Party A has the right to refuse Party B's safe and illegal entrustment according to its own judgment.
Article 7 Party A shall deliver all international express consignments consigned by Party B to the destination through the international express network, and provide free express tracking and inquiry, expedited service, etc. In the case that Party B does not specify a network, Party A has the right to choose the superior network channel for delivery according to different regions. See Annex II for other network prices provided by our company.
Article 8 If Party B's customers refuse to pay all the express freight within eight months, Party B will unconditionally pay all the freight payable and will not enjoy preferential discounts.
Article 9 Party A shall settle the freight with Party B within one week on the basis of pod documents and computer bills every month.
Article 10 Party A will send relevant professionals to solve any inquiries and complaints about Party B's express mail. If the praise is lost or delayed, Party B will automatically provide all the detailed information about the express mail, and if it is caused by Party A's fault, it will be compensated according to Article 13 of this agreement.
Article 11 confidentiality
1. Without the consent of the other party, the contents of this agreement and its annexes signed by both parties shall not be disclosed to any third party.
2. Without the consent of both parties, both parties shall not disclose each other's business secrets (including but not limited to customer lists, price discounts, service networks and other business materials) to a third party.
Note: Within two years after the termination of this agreement, neither party shall disclose the other party's business secrets to a third party.
Article 12 Termination
1. In any of the following circumstances, both parties have the right to terminate this agreement:
A. One party declares that it is unable to repay its debts, goes bankrupt, is liquidated and its assets are taken over;
B there is neither active remedy nor written explanation for the violation of this agreement for 30 days.
Article 13 Responsibilities undertaken by Party A:
Overall situation:
1. If the loss or damage of documents is really the responsibility of Party A, and Party B can provide relevant certificates within 30 days after the incident, Party B is exempted from paying the express mail postage for air tickets and will compensate Party B according to the facts.
2. If the loss or damage of the goods is really due to the responsibility of Party A, and Party B can provide relevant certificates within 30 days after the incident, the postage of Party B's goods shall be exempted and compensation shall be made to Party B according to the actual amount of the goods.
3. The delay of express mail and goods shall be implemented in accordance with the provisions of the International Air Transport Association and the Warsaw Convention.
Special circumstances:
Party B shall fill in the declared value according to the actual value of documents or goods. If the declared value exceeds US$ 65,438+000 (including US$ 65,438+000), it must be declared, and Party B can participate in international cargo transportation insurance according to its own situation.
Responsibilities not undertaken by Party A:
1. Possible normal delay of goods
Party A will do its best to deliver Party B's goods according to Sheng Jie's operating standards, but this is not a guarantee for any possible normal delay (such as customs inspection, strike, etc.). ), Party B cannot invoke Sheng Jie's operating standards to hold Party A accountable.
2. Uncontrollable circumstances
If the goods are lost, damaged or wrongly delivered due to circumstances beyond Party A's control, Party A shall not be liable. These situations include:
Natural disasters, such as earthquakes, tornadoes, snowstorms and floods;
Force majeure, such as war, plane crash and embargo;
* The original defects or characteristics of the goods (even if we already know them at the time of receipt);
* Acts or negligence of personnel other than Party A, such as:
-the sender;
-the addressee;
-Customs or other direct government officials
-Party A is not responsible for the damage and information loss of electromagnetic products caused by electric and magnetic fields in various safety inspections.
3. Indirect losses
Party A shall not be liable for the following situations (including Party A's fault or even fault) whether within the scope of the contract or litigation.
* indirect or special loss or loss;
* Other indirect losses;
* Not included in other contracts.
Indirect losses include (but are not limited to) the loss of income, profit, interest, market, opportunity and commodity utility.
4. Warsaw Convention
The Warsaw Convention applies to consignments that arrive in or pass through countries other than the sending country. In most cases, the convention controls and further limits the liability of music carriers for loss and damage of goods.
5. Carrier
Party B agrees that Party A is not an ordinary carrier, and Party A reserves the right to unconditionally refuse or give up carrying any goods for any individual, collective or company.
6. Lien
Party B agrees that if Party B fails to pay the freight, customs duties, advance payment or any expenses incurred during transportation in time, Party A has the right to detain any transported goods. Before these expenses are paid, Party A will detain these goods and may refuse Party B's request for return.
7. Delivery
The mailbox or postal code is not applicable to Party A's delivery, and Party A only delivers according to the recipient's address provided by Party B. But this does not mean that the consignee will pick up the goods himself, and Party A will use Party A's courier center to deliver the consigned goods to the receiving place. ..
8. Ways
The route and transshipment of all consigned goods are arranged at any time according to Party A's judgment, and there is no transit place agreed by both parties.
Article 14 Agreement and Annexes
1. Any modification or supplement to this Agreement must be made in writing, sealed by both parties and signed by authorized representatives.
2. The annexes signed by both parties are a formal part of this agreement.
3. If there is any conflict between the annex and this agreement, this agreement shall prevail.
Article 15 Law Application and Dispute Resolution
1, subject to the national laws, and there shall be no clauses that violate the laws.
2. During the execution of this agreement, if there is any dispute between the two parties, it shall be settled through negotiation first. If negotiation fails, it shall be submitted to Wenzhou Arbitration Commission for arbitration.
Note: This agreement is made in duplicate, signed by authorized representatives of both parties and stamped with the official seal of the unit. Each party holds one original.
Signature of authorized representative of Party A and signature of authorized representative of Party B.
Party A's Seal and Party B's Seal
Year after year, month after month, year after year.
extreme
Whereas:
_ _ _ _ _ _ _ Co., Ltd. (Party A) is a domestic-funded enterprise located in _ _ _ _ _ _ _ _ _ _ China, and it is an e-commerce company specializing in providing online trading platform.
_ _ _ _ _ _ _ Express Co., Ltd. (Party B) has a business place in China, and is engaged in the express delivery business and integrated logistics services of domestic parcels and small goods in China. Party A agrees that Party B will provide logistics and distribution services for its online transactions to meet the needs of its customers.
In order to meet the above logistics needs, both parties agree to sign a strategic cooperation agreement on logistics.
Therefore, based on the principle of equality, mutual benefit and complementary advantages, Party A and Party B have formed a long-term and comprehensive strategic partnership of e-commerce logistics, realized resource sharing and common development, and laid a solid foundation for future cooperation in other projects. Through friendly negotiation, both parties reached the following terms of the agreement:
1. Definition
Products: refers to all kinds of products traded on Party A's trading system-_ _ _ _ _.
Goods: have the same definition as products in this agreement.
Supplier: refers to the supplier who conducts transactions in _ _ _ _ _ _, including natural persons, legal persons and other organizations.
Customer: refers to natural persons, legal persons and other organizations that purchase goods through the _ _ _ _ _ _ _ trading system.
Price: refers to the price offered by _ _ _ _ _ _ _ Express Co., Ltd. to _ _ _ _ _ _ customers.
Party B: refers to all branches of _ _ _ _ _ _ _ Express Co., Ltd.
Logistics: refers to the process that Party B delivers products to customers.
Court: People's Republic of China (PRC) Court.
Law: People's Republic of China (PRC) law.
2. Ways and contents of cooperation
(1) Party B provides logistics services to customers who purchase goods through Party A's _ _ _ _ _ _ system (the logistics destination is designated by the customer).
(2) Party A provides Party B with corresponding logistics support channels in _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
(3) After the customer chooses Party B's logistics service, Party B carries out logistics distribution according to the distribution requirements provided by the supplier.
(4) Party B shall provide paid services for the return of goods in distribution.
(5) The mode of cooperation between Party A and Party B is not exclusive, and both parties can cooperate with other corresponding partners at the same time.
(6) The two sides can further explore other ways of in-depth cooperation.
3. Rights and obligations of Party A
(1) Party A has the right to choose logistics service providers as its own partners to carry out e-commerce business.
(2) Party A has the right to assess Party B's logistics operation within the scope of cooperation.
(3) Party A has the right to replace unqualified logistics partners.
(4) Party A has the right and obligation to manage the suppliers trading on the _ _ _ _ _ _ _ business platform.
(5) Party A has the obligation to inform the supplier of the customer's order in time according to the rules of e-commerce transaction.
(6) Party A is responsible for the insurance of the traded products.
(7) The price and service standards provided by Party B are the standards published by the state. Party A shall prompt the customer with the corresponding information provided by Party B in an appropriate form.
(8) Party A guarantees that the benefits due to Party B's logistics services will not be affected by _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
(9) Party A is obliged to provide Party B with the settlement identity and password, and abide by the confidentiality provisions.
(10) Party A shall be responsible for the legality of the transaction and products.
4. Rights and obligations of Party B
As a partner of Party A in e-commerce transactions and an independent third-party logistics service provider, Party B has the following rights and obligations in cooperation:
(1) Party B has the right to require the suppliers who conduct transactions in _ _ _ _ _ _ to deliver the goods to the place designated by Party B free of charge. If Party B is required to provide shuttle service, the price shall be negotiated between Party B's operating organization and the supplier.
(2) Party B must provide logistics services according to the price and service standard published by _ _ _ _ _.
(3) Party B shall not unreasonably refuse or stop or change the content of logistics services without authorization, nor shall it change the ownership nature of products.
(4) The price provided by Party B is the price from the place of shipment to the customer's door. But it does not include the price of delivery from suppliers.
(5) Party B is only responsible for the outer packaging of products provided by suppliers, that is, it proves that Party B has reached the standard of logistics service under the condition that the outer packaging is intact.
(6) Party B has the right to reject the products with damaged outer packaging provided by suppliers or other products with poor quantity and quality found through inspection.
(7) Party B shall deliver the goods only according to the requirements of the supplier. Not responsible for the correctness or error of the delivery place required by the supplier.
(8) Party B shall be responsible for the damage, wrong delivery and loss caused by itself during the delivery of the goods, but not for the quality and model of the products.
(9) Party A and suppliers are responsible for the return of customers. If Party B needs to temporarily keep and provide reverse logistics services, the expenses shall be borne by the supplier. Party A shall ensure that the expenses are transferred to Party B's account in time.
(10) Without knowledge, Party B is not responsible for the legality of products and transactions.
5. Special agreement
(1) Payment: Party A shall provide Party B with the online ID and password. Party A guarantees that from the perspective of e-commerce technology, the logistics income due to Party B will be transferred through one transaction. Disputes between the customer and the supplier or Party A shall not affect this payment agreement.
(2) Through negotiation, both parties agree that in this cooperation, when Party B's monthly logistics income exceeds RMB _ _ _ _ _ _, Party B will pay _ _ _ _ _ _ _% to Party A as a thank-you fee for the excess.
6. Product risk management
In view of the fact that both parties acknowledge the risks in the transaction and logistics transportation, Party A shall be responsible for the risk management of the traded products.
For the goods insurance in the process of delivery to customers, Party A can handle it by itself. It can also be entrusted to Party B, but the insurance premium shall be paid in full by Party A. If Party A fails to insure the goods, Party B will not be responsible for the loss or damage of the products that are not caused by Party B's responsibility during the delivery of the products to customers, and the insurance company should pay the compensation.
7. Compensation for goods damage
If the goods are damaged or lost due to Party B's reasons, Party B shall be responsible for compensation. The compensation method is that Party A compensates customers or suppliers first. Then the two sides will negotiate compensation.
8. Validity period
(1) Validity of quotation: the price of logistics services provided by Party B is valid until _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
(2) Term of Agreement: This Agreement shall take effect from the date of signing, and the term of validity of this Agreement shall be _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
(3) Any amendment to this Agreement shall be made in writing to be effective.
9. representations and warranties
Party A and Party B declare and guarantee each other that:
(1) The previous and current operations and services of Party A and Party B comply with the applicable laws and regulations of People's Republic of China (PRC) and relevant countries, and there is no order, decree or ruling of the court, government agency or management agency to investigate them.
(2) Party A and Party B shall abide by all laws and requirements applicable to their businesses and services, and obtain any licenses and approvals required for conducting business and providing services, and there is no violation or intentional or expected violation or revocation of such requirements, licenses and approvals.
10. Confidentiality/non-disclosure
The information contained in this agreement is confidential.
Neither Party A nor Party B shall disclose any commercial information in this agreement to any third party during the validity period of this agreement and after its termination. Any materials and information are strictly confidential.
Party A shall strictly keep the secret of Party B's id and password in _ _ _ _ _ _, otherwise Party A shall compensate Party B for the economic losses caused thereby.
Party B and its designated personnel shall ensure that all information related to Party A's sales, business, customers, market and technology in this agreement is kept confidential by their employees during their trade dealings.
After both parties sign the contract and the contract expires, Party B shall submit relevant materials delivered by Party A and various data and information in the operating system. If Party B's employees use or disclose the above confidential information, Party B shall bear corresponding liquidated damages to Party A (the amount of compensation can be determined by both parties through consultation). If Party A suffers heavy losses, Party A reserves the right to solve them through legal channels.
1 1. Force majeure
If the service cannot be performed due to force majeure, Party B shall immediately notify Party A and take effective measures to minimize the loss.
Force majeure occurs in the process of providing services, resulting in product defects. Party B shall immediately notify Party A of the force majeure and provide a detailed report within _ _ _ _ _ _ _ _.
The contracting parties hereby agree and understand that force majeure events in operation include civil war, foreign war, revolution, *, channel blockage, project loss, blockade, navigation obstacle and all other events that may lead to distribution risks as stipulated and recognized by law.
The occurrence of force majeure does not mean that both parties to the contract cannot perform their obligations stipulated in the agreement unless they are unable to perform due to operational obstacles.
12. Exemption clause
At any time, when a third party takes any action (including any responsibility, loss compensation, claim, damage, government action and all expenses related to any personal injury or property loss) against Party A due to any behavior or dereliction of duty of Party B in the performance of its duties, Party B shall exempt, protect and maintain Party A, its current and subsequent supervisors, employees, employees, shareholders, agents or handyman and branches. So that it will not bear any responsibilities, losses, claims, damages, government actions and all expenses (including legal expenses based on complete exemption).
At any time, when a third party brings a lawsuit (including any responsibility, loss compensation, claim, damage, government action and all expenses related to any personal injury or property loss) against Party B due to any wrong behavior or negligence of Party B in the course of performing its duties, Party A shall exempt, protect and maintain Party B and its current and subsequent supervisors, employees, employees, shareholders, agents or handyman and branches. So that they will not bear any responsibilities, losses, claims, damages, government actions and all expenses (including legal expenses based on complete exemption).
13. Termination of the Agreement
If Party A is dissatisfied with Party B's performance and safety behavior, or Party B fails to fully comply with all relevant laws and regulations or violates the terms of this agreement, Party A has the right to suspend or terminate this agreement, and punish or compensate according to the breach or omission.
14. Dispute settlement
This Agreement shall be governed by the relevant laws and regulations of People's Republic of China (PRC). In case of any objection to the interpretation, execution or termination of this Agreement, both parties shall settle it through consultation. If negotiation fails, either party has the right to bring a lawsuit to the people's court with jurisdiction over xx. (Note: Arbitration settlement may occur) This agreement shall come into effect after being signed and sealed by representatives of both parties. Each party holds two originals of this agreement.
Party A (official seal) _ _ _ _ _ _ Party B (official seal) _ _ _ _ _ _
Authorized representative (signature) _ _ _ _ _ Authorized representative (signature) _ _ _ _ _ _
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Signing place: _ _ _ _ _ Signing place: _ _ _ _ _ _