Export Clearing & Forwarding Agent Agreement

Clearing & Forwarding Agent Agreement

 

This Clearing & Forwarding Agent Agreement ("Agreement") is entered into on __________, 2023 ("Effective Date"), between:

 

ABC Fashions Private Limited, having its Registered Office at ___________________________________________, hereinafter referred to as the “ABC” or "Client".

 

And

 

Phoenix Services, having its office at _________________________________________, hereinafter referred to as the "Agent”.

 

Both ABC and the Agent hereby individually referred to as “Party” and collectively as “Parties”.

 

Whereas,

 

WHEREAS the ABC is engaged in the business of retail of merchandise including but not limited to clothing, footwear, accessories, jewellery etc. The Client conducts its business in both offline and online platforms, though its stores at various locations and through its website www.ABCfashions.com (hereinafter referred to as “the Website"), respectively.

 

WHEREAS ABC has approached Agent to provide clearing and forwarding agent services from Precious Cargo Customs Clearance Centre (PCCCC) at Bharat Diamond Bourse.

 

WHEREAS the Parties agree to enter into an agreement wherein the Service Provider undertakes to provide the clearing and forwarding agent services in accordance with the terms and conditions set out in this Agreement.

 

1.      Services

 

a.    Customs Clearance: The Agent agrees to provide export customs clearance services for the goods listed by the Exporter in compliance with all relevant laws and regulations.

 

b.    Documentation: The Agent will assist in preparing and submitting all necessary documentation required for customs clearance, including but not limited to invoices, packing lists, certificates of origin, and other relevant paperwork.

 

c.    Compliance: The Agent will ensure that all export activities adhere to the laws and regulations governing customs clearance in the exporting and importing countries.

 

 

2.      Responsibilities of ABC:

 

a.    ABC shall provide accurate and complete information necessary for the Agent to perform the requested services.

 

b.    ABC shall cooperate with the Agent and promptly provide any additional information or documentation required for customs clearance as and when necessary.

 

3.      Duration:

 

The term of the agreement shall commence from the execution of this agreement till _______________

 

4.      Fees and Payment:

 

a.      ABC shall pay the Agent following fees for services rendered as mutually agreed between the parties.

• Agency Commission: As forwarded by PCCCC at BDB.

• Incidental Expenses: As per the following rates:

  • Rs. 1000/- (FOR SINGLE PRODUCT)
  • Rs. 1500/- (UP TO 10 PCS)
  • Rs. 3000/- (ABOVE 10 PCS)

• BDB w/H Charges: As detailed below:

  • Rs. 500/- (FOR SINGLE PRODUCT)
  • Rs. 500/- (UP TO 10 PCS)
  • Rs. 1000/- (ABOVE 10 PCS) Approximate

b.   Agent shall raise the Tax Invoice on ABC for the services provided under this agreement on monthly basis. 

 

c.       The Tax Invoice shall be furnished by an email or Registered Post. The Client shall settle Tax Invoice raised by Service Provider within 40 (forty) working days of receipt of the Tax Invoice. In case of delay in payment by the Client beyond 40(forty) working days from the receipt of the Tax Invoice, delayed payment interest will be charged at the rate of 10% per annum on the amount of Tax Invoice, for the period beyond 40 (forty) working days from the receipt of Tax Invoice till the date of settlement of the Tax Invoice by the Client.

 

d.      The Client shall furnish the Certificate of Tax Deducted at Source (TDS), for the TDS deducted by the Client at the time of releasing payment to ABC.

 

5.      Confidentiality:

 

Both parties shall maintain strict confidentiality regarding all confidential information exchanged during the engagement and for a period of 5 (Five) years afterward. Confidential information includes but is not limited to trade secrets, financial data, customer lists, and proprietary information.

 

6.      Indemnity:

 

Agent shall indemnify, defend and hold ABC, its directors, officers, employees, representatives and agents harmless against actions and claims including third party and statutory actions, disputes and claims, suits, prosecutions, proceedings, demands, penalties, levies, assessments and all reasonable costs (including  reasonable legal and Advocate costs) arising against ABC due to breach of obligations, representations, warranties including statutory obligations attributable on the part of the Agent in the provisioning of Services under this Agreement.

 

7.      Force Majeure

 

Either Party reserves the right to cease or defer the performance of, or payment for, the Services, if it is prevented from or delayed in carrying on its business by acts, events, omissions or accidents beyond its reasonable control, including but not limited to, strikes, lock-outs or other industrial disputes (whether involving the workforce of the Company or any other party), failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm, epidemic, pandemic (“Force Majeure Events”). Either Party shall give notice in writing whether by fax/ email/ post/ courier informing about such Force Majeure Events within 30 (thirty) days from the occurrence of such event/s. Either Party will have the right to terminate this Agreement if a force majeure occurrence continues to impact performance of the Party for more than 30 (thirty) consecutive days.

 

Each Party agrees to take all reasonable steps to minimise the impact of a Force Majeure Event.

 

5. Termination

 

a.      Either party may terminate this Agreement by providing written notice to the other party with a notice period of 30 (Thirty) days.

 

b.      Upon termination, the parties shall settle any outstanding payments or obligations in accordance with the terms outlined in this Agreement.

 

6. Governing Law

 

This Agreement shall be governed and construed in accordance with the Laws of India and Courts in Mumbai (India) shall have exclusive jurisdiction. 

 

All disputes, claims, suits and actions arising out of this agreement, or its validity will be finally decided in accordance with the provisions of the Indian Arbitration and Conciliation Act, 1996. The venue for arbitration shall be at Mumbai (India) only. Each Party shall bear its own costs of arbitration.

 

 

IN WITNESS WHEREOF the Parties hereto have hereunto set and subscribed their respective hands the day and year first hereinabove written.

 

 

ABC Fashions Private Limited Through its authorized signatory         Name: Designation:

Pheonix Services: Through its authorized signatory         Name: Designation: