Common use of SPECIAL AGREEMENTS Clause in Contracts

SPECIAL AGREEMENTS. 1. Party B shall not be liable for any abnormal transportation of the cargo (including but not limited to delay in shipping/flight, cancellation of voyage/flight, wrong loading/discharge at the port of transshipment/the airport of transit, short loading/discharge, having waybill without physical cargo or having cargo without waybill, etc.), any damage to or loss of the cargo, or any delay in delivery of the cargo that is caused for any reason on account of a third party including but not limited to the customs or any other state organ, the shipping company or airline company and any other carrier, the container yard operator, the terminal and the airport, provided that Party B has immediately informed Party A of the relevant information it has acquired after the occurrence of such event and has procured the relevant parties to take remedies, and Party B will actively assist Party A in claiming against the third party. 2. If Party A cancels any matter entrusted, Party A shall pay to Party B the forwarding agency fee that has been incurred, and additionally make compensation to Party B if Party B has sustained any other economic losses and expenses (such as the dead freight, any penalty paid to a third party and any other expense) due to Party A’s cancellation, modification or change of the matters entrusted. 3. Party A shall purchase relevant insurance for the cargo consigned by it. In the case that Party A entrusts Party B to purchase insurance on its behalf, Party B shall purchase cargo transportation insurance with the beneficiary being Party A or any party designated by Party A in accordance with the insurance requirements and conditions specified by Party A, and the relevant insurance premium shall be undertaken by Party A. In the event of any loss arising from the cargo transportation covered by the insurance purchased by Party A, Party A shall apply with the insurance company for indemnity as a priority. 4. After negotiation, Party A and Party B agree that Party A may entrust Party B, by email or by fax, to undertake the freight forwarding services and relevant matters under this Agreement, and that the faxed copy, email and any attachment to or copy of the email will be deemed by both Parties as the original. The respective email address and fax number shall be designated by the Parties in this Agreement and, if no email addresses are designated herein, they shall refer to the email addresses used by the Parties during the business communication between them. 5. Party B shall not be liable to compensate for any loss of income, profit, market, reputation, customers, use or opportunity or other indirect, incidental, special or consequential damage or loss incurred to Party A due to Party B’s performance of the freight forwarding matters entrusted by Party A. 6. During the performance of this Agreement, Party A may, in its own name or in other’s name, instruct and entrust, in a written form, Party B to undertake the international freight forwarding services. Where Party A entrusts Party B to undertake the international freight forwarding services in other’s name, any relationship between Party A and the third party in respect of agency, representation, entrustment, commission, intermediation, brokerage and any other legal relationship between them as indicated or specified in the business documents submitted by Party A or disclosed by Party A thereafter shall not discharge Party A from its obligations and responsibilities agreed hereunder. 7. Party A agrees that Party B may sub-entrust a third party to undertake the international freight forwarding services hereunder, provided that Party B shall be liable for the qualification of the third party and any of its improper instructions to the third party.

SPECIAL AGREEMENTS. 1. Party B shall not be liable for any abnormal transportation of the cargo (including but not limited to delay in shipping/flight, cancellation of voyage/flight, wrong loading/discharge at the port of transshipment/the airport of transit, short loading/discharge, having waybill without physical cargo or having cargo without waybill, etc.), any damage to or loss of the cargo, or any delay in delivery of the cargo that is caused for any reason on account of a third party including but not limited to the customs or any other state organ, the shipping company or airline company and any other carrier, the container yard operator, the terminal and the airport, provided that Party B has immediately informed Party A of the relevant information it has acquired after the occurrence of such event and has procured the relevant parties to take remedies, and Party B will actively assist Party A in claiming against the third party. 2. If Party A cancels any matter entrusted, Party A shall pay to Party B the forwarding agency fee that has been incurred, and additionally make compensation to Party B if Party B has sustained any other economic losses and expenses (such as the dead freight, any penalty paid to a third party and any other expense) due to Party A’s cancellation, modification or change of the matters entrusted. 3. Party A shall purchase relevant insurance for the cargo consigned by it. In the case that Party A entrusts Party B to purchase insurance on its behalf, Party B shall purchase cargo transportation insurance with the beneficiary being Party A or any party designated by Party A in accordance with the insurance requirements and conditions specified by Party A, and the relevant insurance premium shall be undertaken by Party A. In the event of any loss arising from the cargo transportation covered by the insurance purchased by Party A, Party A shall apply with the insurance company for indemnity as a priority. 4. After negotiation, Party A and Party B agree that Party A may entrust Party B, by email or by fax, to undertake the freight forwarding services and relevant matters under this Agreement, and that the faxed copy, email and any attachment to or copy of the email will be deemed by both Parties as the original. The respective email address and fax number shall be designated by the Parties in this Agreement and, if no email addresses are designated herein, they shall refer to the email addresses used by the Parties during the business communication between them. 5. Party B shall not be liable to compensate for any loss of income, profit, market, reputation, customers, use or opportunity or other indirect, incidental, special or consequential damage or loss incurred to Party A due to Party B’s performance of the freight forwarding matters entrusted by Party A. 6. A. During the performance of this Agreement, Party A may, in its own name or in other’s name, instruct and entrust, in a written form, Party B to undertake the international freight forwarding services. Where Party A entrusts Party B to undertake the international freight forwarding services in other’s name, any relationship between Party A and the third party in respect of agency, representation, entrustment, commission, intermediation, brokerage and any other legal relationship between them as indicated or specified in the business documents submitted by Party A or disclosed by Party A thereafter shall not discharge Party A from its obligations and responsibilities agreed hereunder. 7. Party A agrees that Party B may sub-entrust a third party to undertake the international freight forwarding services hereunder, provided that Party B shall be liable for the qualification of the third party and any of its improper instructions to the third party.

SPECIAL AGREEMENTS. 1. Party B shall not be liable for any abnormal transportation of the cargo (including but not limited to delay in shipping/flight, cancellation of voyage/flight, wrong loading/discharge at the port of transshipmenttrans- shipment/the airport of transit, short loading/discharge, having waybill without physical cargo or having cargo without waybill, etc.), any damage to or loss of the cargo, or any delay in delivery of the cargo that is caused for any reason on account of a third party including but not limited to the customs or any other state organ, the shipping company or airline company and any other carrier, the container yard operator, the terminal and the airport, provided that Party B has immediately informed Party A of the relevant information it has acquired after xxxx the occurrence of such event and has procured the relevant parties to take remedies, and Party B will actively assist Party A in claiming against the third party. 2. If Party A cancels any matter entrusted, Party A shall pay to Party B the forwarding agency fee that has been incurred, and additionally make compensation to Party B if Party B has sustained any other economic losses and expenses (such as the dead freight, any penalty paid to a third party and any other expense) due to Party A’s cancellation, modification or change of the matters entrusted. 3. Party A shall purchase relevant insurance for the cargo consigned by it. In the case that Party A entrusts Party B to purchase insurance on its behalf, Party B shall purchase cargo transportation insurance with the beneficiary being Party A or any party designated by Party A in accordance with the insurance requirements and conditions specified by Party A, and the relevant insurance premium shall be undertaken by Party A. In the event of any loss arising from the cargo transportation covered by the insurance purchased by Party A, Party A shall apply with the insurance company for indemnity as a priority. 4. After Xxxx negotiation, Party A and Party B agree that Party A may entrust Party B, by email or by fax, to undertake the freight forwarding services and relevant matters under this Agreement, Agreement and that the faxed copy, email and any attachment to or copy of the email will be deemed by both Parties as the original. The respective email address and fax number shall be designated by the Parties in this Agreement and, if no email addresses are designated herein, they shall refer to the email addresses used by the Parties during the business communication between them. 5. Party B shall not be liable to compensate for any loss of income, profit, market, reputation, customerscustom- ers, use or opportunity or other indirect, incidental, special or consequential damage or loss incurred to Party A due to Party B’s performance of the freight forwarding matters entrusted by Party A. 6. During the performance of this Agreement, Party A may, in its own name or in other’s name, instruct and entrust, in a written form, Party B to undertake the international freight forwarding services. Where Party A entrusts Party B to undertake the international freight forwarding services in other’s name, any relationship between Party A and the third party in respect of agency, representationrepresenta- tion, entrustment, commission, intermediation, brokerage and any other legal relationship between them as indicated or specified in the business documents submitted by Party A or disclosed by Party A thereafter thereaher shall not discharge Party A from its obligations and responsibilities agreed hereunder. 7. Party A agrees that Party B may sub-entrust a third party to undertake the international freight forwarding services hereunder, provided that Party B shall be liable for the qualification of the third party and any of its improper instructions to the third party.