Common use of Settlement of Fees Clause in Contracts

Settlement of Fees. 1. Party A and Party B agree that the fees under the freight forwarding services during the term of this Agreement shall be settled as per the Quotation attached to this Agreement. Any fee not specified in the Quotation shall be determined by and between the Parties according to the actual situation of the services to be provided for a specific shipment. The fees for a specific shipment may be charged on a lump sum or a collection-and-payment basis or accumulatively on the basis of the fee for each service item, as may be agreed by and between the Parties. 2. Any change of any usual fee under the quotation hereunder shall be informed by Party B to Party A in a written notice and then confirmed by Party A. Without written confirmation made by both Parties, the original quotation remains valid. If Party A fails to give its written confirmation or raise its objection within three (3) days after receipt of Party B’s quotation or notice of change of price and continues to issue booking instruction to Party B and entrust Party B to undertake the freight forwarding services, Party A shall be deemed to have accepted Party B’s quotation or the change of the price. Party B is obligated, but not liable, to inform Party A of any provisional change of freight rate of the actual carrier. 3. If Party A has entered into a separate freight agreement or freight confirmation with the shipping company or the airline company, Party A shall provide a copy of such freight agreement or freight confirmation at the time of entrustment, and if Party A fails or rejects to do so, it shall be deemed that there is no such a freight agreement or freight confirmation and Party B is entitled to collect the freight from Party A according to the original agreement between them. 4. If any charge other than the fees under the Quotation is incurred in Party A’s interest when Party B undertakes the freight forwarding services for the cargo consigned by Party A, Party B shall notify Party A in due time and Party A is entitled to request Party B to provide the payment vouchers for such charges. 5. Party B shall provide a breakdown of fees for last month for Party A’s checking before the tenth (10th) day of each month, and Party A shall complete the checking and reply to Party B within three (3) working days after receipt of the breakdown of fees. Within two (2) working days after receipt of Party A’s confirmation, Party B shall issue an invoice to Party A and Party A, within three (3) working days after receipt of the invoice, shall make payment to Party B, not later than the twenty-fifth (25th) day of the same month. If Party A, within three (3) working days after receipt of Party B’s breakdown of fees, fails to revert to Party B with a written confirmation or raise any objection, Party A shall be deemed to have confirmed Party B’s breakdown of fees. 6. If Party A was in arrears with previous payment or payments or fails to revert with confirmation on Party B’s breakdown of fees, Party B is entitled to request Party A to make payment in advance before it issues an invoice to Party A. 7. Any fee that shall be payable by Party A in a foreign currency shall be paid by Party A in the foreign currency. If Party A is unable to make the payment in the foreign currency and Party B agrees with payment in RMB, the fee shall be converted as per the foreign exchange rate agreed upon by and between the Parties. If, without Party B’s consent, Party A pays the fee according to the central parity of RMB against the foreign currency published by the People’s Bank of China on the date of actual payment, Party A shall indemnify Party B for any exchange loss incurred thereby. 8. All the customs duties, fines for delayed declaration and other relevant amounts under the freight forwarding services shall be paid by Party A directly to the customs and other relevant authorities and Party B will not pay such amounts on Party A’s behalf unless otherwise agreed by and between Party A and Party B in writing. If Party B has actually paid such amounts on Party A’s behalf, Party A, within two (2) working days after Party B’s payment, shall pay such amounts to Party B; otherwise Party A shall pay Party B for the possession of funds as per 0.05% of such amounts on a daily basis. 9. Whether or not Party B has actually paid to a third party shall not constitute a defense of Party A against the fees payable by Party A. Unless otherwise agreed by and between the Parties in writing, no offset of freight, commission, compensation or any other amount is acceptable under this Agreement, and the settlement of the forwarding agency fees shall not be affected by any other dispute. 10. In the event that Party A designates a third party to make payment, but the third party fails to make relevant payment according to this Agreement, including but not limited to refusing to pay, making insufficient payment and delaying in payment, Party A shall, within three (3) days after receipt of Party B’s notice, pay to Party B and undertake relevant liability for breach of contract. 11. If it is agreed by and between the Parties that the fees are to be settled in the manner of city collection, a city collection agreement shall be signed by and between the Parties and Party B is then entitled to collect the amounts payable by Party A directly from the bank entrusted by Party A according to the city collection agreement.

Settlement of Fees. 1. Party A and Party B agree that the fees under the freight forwarding services during the term of this Agreement shall be settled as per the Quotation attached to this Agreement. Any fee not specified in the Quotation shall be determined by and between the Parties according to the actual situation of the services to be provided for a specific shipment. The fees for a specific shipment may be charged on a lump sum or a collection-and-payment basis or accumulatively on the basis of the fee for each service item, as may be agreed by and between the Parties. 2. Any change of any usual fee under the quotation hereunder shall be informed by Party B to Party A in a written notice and then confirmed by Party A. Without written confirmation made by both Parties, the original quotation remains valid. If Party A fails to give its written confirmation or raise its objection within three (3) days after receipt of Party B’s quotation or notice of change of price and continues to issue booking instruction to Party B and entrust Party B to undertake the freight forwarding services, Party A shall be deemed to have accepted Party B’s quotation or the change of the price. Party B is obligated, but not liable, to inform Party A of any provisional change of freight rate of the actual carrier. 3. If Party A has entered into a separate freight agreement or freight confirmation with the shipping company or the airline company, Party A shall provide a copy of such freight agreement or freight confirmation at the time of entrustment, and if Party A fails or rejects to do so, it shall be deemed that there is no such a freight agreement or freight confirmation and Party B is entitled to collect the freight from Party A according to the original agreement between them. 4. If any charge other than the fees under the Quotation is incurred in Party A’s interest when Party B undertakes the freight forwarding services for the cargo consigned by Party A, Party B shall notify Party A in due time and Party A is entitled to request Party B to provide the payment vouchers for such charges. 5. Party B shall provide a breakdown of fees for last month for Party A’s checking before the tenth (10th) day of each month, and Party A shall complete the checking and reply to Party B within three (3) working days after receipt of the breakdown of fees. Within two (2) working days after receipt of Party A’s confirmation, Party B shall issue an invoice to Party A and Party A, within three (3) working days after receipt of the invoice, shall make payment to Party B, not later than the twenty-fifth (25th) day of the same month. If Party A, within three (3) working days after receipt of Party B’s breakdown of fees, fails to revert to Party B with a written confirmation or raise any objection, Party A shall be deemed to have confirmed Party B’s breakdown of fees. 6. If Party A was in arrears with previous payment or payments or fails to revert with confirmation on Party B’s breakdown of fees, Party B is entitled to request Party A to make payment in advance before it issues an invoice to Party A. 7. A. Any fee that shall be payable by Party A in a foreign currency shall be paid by Party A in the foreign currency. If Party A is unable to make the payment in the foreign currency and Party B agrees with payment in RMB, the fee shall be converted as per the foreign exchange rate agreed upon by and between the Parties. If, without Party B’s consent, Party A pays the fee according to the central parity of RMB against the foreign currency published by the People’s Bank of China on the date of actual payment, Party A shall indemnify Party B for any exchange loss incurred thereby. 8. All the customs duties, fines for delayed declaration and other relevant amounts under the freight forwarding services shall be paid by Party A directly to the customs and other relevant authorities and Party B will not pay such amounts on Party A’s behalf unless otherwise agreed by and between Party A and Party B in writing. If Party B has actually paid such amounts on Party A’s behalf, Party A, within two (2) working days after Party B’s payment, shall pay such amounts to Party B; otherwise Party A shall pay Party B for the possession of funds as per 0.05% of such amounts on a daily basis. 9. Whether or not Party B has actually paid to a third party shall not constitute a defense of Party A against the fees payable by Party A. Unless otherwise agreed by and between the Parties in writing, no offset of freight, commission, compensation or any other amount is acceptable under this Agreement, and the settlement of the forwarding agency fees shall not be affected by any other dispute. 10. In the event that Party A designates a third party to make payment, but the third party fails to make relevant payment according to this Agreement, including but not limited to refusing to pay, making insufficient payment and delaying in payment, Party A shall, within three (3) days after receipt of Party B’s notice, pay to Party B and undertake relevant liability for breach of contract. 11. If it is agreed by and between the Parties that the fees are to be settled in the manner of city collection, a city collection agreement shall be signed by and between the Parties and Party B is then entitled to collect the amounts payable by Party A directly from the bank entrusted by Party A according to the city collection agreement.

Settlement of Fees. 1. Party A and Party B agree that the fees under the freight forwarding services during the term of this Agreement shall be settled as per the Quotation attached to this Agreement. Any fee not specified in the Quotation shall be determined by and between the Parties according to the actual situation of the services to be provided for a specific shipment. The fees for a specific shipment may be charged on a lump sum or a collection-and-payment basis or accumulatively on the basis of the fee for each service item, as may be agreed by and between the Parties. 2. Any change of any usual fee under the quotation hereunder shall be informed by Party B to Party A in a written notice and then confirmed by Party A. Without written confirmation made by both Parties, the original quotation remains valid. If Party A fails to give its written confirmation or raise its objection objec- tion within three (3) days after xxxx receipt of Party B’s quotation or notice of change of price and continues contin- ues to issue booking instruction to Party B and entrust Party B to undertake the freight forwarding services, Party A shall be deemed to have accepted Party B’s quotation or the change of the price. Party B is obligated, but not liable, to inform Party A of any provisional change of freight rate of the actual carrier. 3. If Party A has entered into a separate freight agreement or freight confirmation with the shipping company or the airline company, Party A shall provide a copy of such freight agreement or freight confirmation at the time of entrustment, and if Party A fails or rejects to do so, it shall be deemed that there is no such a freight agreement or freight confirmation and Party B is entitled to collect the freight from Party A according to the original agreement between them. 4. If any charge other than the fees under the Quotation is incurred in Party A’s interest when Party B undertakes the freight forwarding services for the cargo consigned by Party A, Party B shall notify Party A in due time and Party A is entitled to request Party B to provide the payment vouchers for such charges. 5. Party B shall provide a breakdown of fees for last month for Party A’s checking before the tenth (10th) day of each month, and Party A shall complete the checking and reply to Party B within three (3) working days after receipt of the breakdown of fees. Within two (2) working days after receipt of Party A’s confirmation, Party B shall issue an invoice to Party A and Party A, within three (3) working days after receipt of the invoice, shall make payment to Party B, not later than the twenty-fifth (25th) day of the same month. If Party A, within three (3) working days after receipt of Party B’s breakdown of fees, fails to revert to Party B with a written confirmation or raise any objection, Party A shall be deemed to have confirmed Party B’s breakdown of fees. 6. If Party A was in arrears with previous payment or payments or fails to revert with confirmation on Party B’s breakdown of fees, Party B is entitled to request Party A to make payment in advance before it issues an invoice to Party A. 7. Any fee that shall be payable by Party A in a foreign currency shall be paid by Party A in the foreign currency. If Party A is unable to make the payment in the foreign currency and Party B agrees with payment in RMB, the fee shall be converted as per the foreign exchange rate agreed upon by and between the Parties. If, without Party B’s consent, Party A pays the fee according to the central parity of RMB against the foreign currency published by the People’s Bank of China on the date of actual payment, Party A shall indemnify Party B for any exchange loss incurred thereby. 8. All the customs duties, fines for delayed declaration and other relevant amounts under the freight forwarding services shall be paid by Party A directly to the customs and other relevant authorities and Party B will not pay such amounts on Party A’s behalf unless otherwise agreed by and between Party A and Party B in writing. If Party B has actually paid such amounts on Party A’s behalf, Party A, within two (2) working days after Party B’s payment, shall pay such amounts to Party B; otherwise Party A shall pay Party B for the possession of funds as per 0.05% of such amounts on a daily basis. 9. Whether or not Party B has actually paid to a third party shall not constitute a defense of Party A against the fees payable by Party A. Unless otherwise agreed by and between the Parties in writing, no offset of freight, commission, compensation or any other amount is acceptable under this Agreement, and the settlement of the forwarding agency fees shall not be affected by any other dispute. 10. In the event that Party A designates a third party to make payment, but the third party fails to make relevant payment according to this Agreement, including but not limited to refusing to pay, making insufficient payment and delaying in payment, Party A shall, within three (3) days after receipt of Party B’s notice, pay to Party B and undertake relevant liability for breach of contract. 11. If it is agreed by and between the Parties that the fees are to be settled in the manner of city collection, a city collection agreement shall be signed by and between the Parties and Party B is then entitled to collect the amounts payable by Party A directly from the bank entrusted by Party A according to the city collection agreement.three