COMMERCIAL AGENCY AGREEMENT
Signed and entered into this [ ] of [ ], 200_
by and among:
TBS WORLDWIDE SERVICES, INC.
TBS PACIFIC LINER, LTD.
TBS LATIN AMERICA LINER, LTD.
TBS NORTH AMERICA LINER, LTD.
TBS EUROLINES, LTD.
TBS OCEAN CARRIERS, LTD.
TBS MIDDLE EAST CARRIERS, LTD.
and
[insert agent full name]
PREAMBLE
WHEREAS TBS WORLDWIDE SERVICES INC. is a corporation organized under
the laws of the Xxxxxxxx Islands (hereinafter "TBS") and TBS has certain direct
or indirect subsidiaries, TBS PACIFIC LINER, LTD., TBS LATIN AMERICA LINER,
LTD., TBS NORTH AMERICA LINER, LTD., TBS EUROLINES, LTD., TBS OCEAN CARRIERS,
LTD., and TBS MIDDLE EAST CARRIERS, LTD., all corporations organized under the
laws of the Xxxxxxxx Islands (hereinafter individually referred to as a "Liner
Company" or collectively referred to as the "Liner Companies") and [insert agent
full name], is a corporation organized under the laws of [ ] authorized to do
business as a Commercial Agent for Steamship Companies (hereinafter "AGENT"
or[insert agent short name])(collectively the "Parties"); and
WHEREAS, TBS and the Liner Companies operate steamship services with
chartered and/or owned vessels primarily to and from ports and points in North,
Central and South America including the Caribbean, the Far East and Europe
(hereinafter the "TRADE"); and
WHEREAS, AGENT maintains an organization with suitable office and staff
to conduct business as a commercial agent for steamship companies.
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NOW THEREFORE, it is hereby agreed between the parties as follows:
ARTICLE 1. NAME
This Agreement shall be known as the TBS/ [insert short name]
COMMERCIAL AGENCY AGREEMENT (the "AGREEMENT").
ARTICLE 2. PURPOSE
TBS and the Liner Companies hereby appoint AGENT as their
Commercial Agent in [ ] (the "TERRITORY") in connection with
the TRADE; and
AGENT accepts the aforementioned appointment, agrees to
perform capably those functions normally performed by a
Commercial Agent including, but not limited to, those
functions specifically set out below, and such services or
functions as the parties shall from time to time agree, and
agrees to act in accordance with the directions and orders
which TBS, the Liner Companies, and their agents, TBS Shipping
Services Inc. (hereinafter "TBS New York") may give from time
to time. Agent further agrees to do its utmost to protect,
defend, and promote TBS's and the Liner Companies' commercial
interests in the TRADE.
ARTICLE 3. TERMS AND CONDITIONS
1. The PREAMBLE constitutes an integral part of this Agreement
and is incorporated herein as if set out at length;
2. AGENT agrees that during the tenure of this Agreement it
will not act as an agent for any shipping line or engage in
any other activity which will compete with TBS's or the Liner
Companies' service(s) in the TRADE except with the written
approval of TBS;
3. With due regard to the traffic and cargo requirements of
TBS and of the Liner Companies, AGENT shall:
a. attend to the soliciting, booking, and shipment of
outbound and inbound cargoes and to that extent:
(1) provide an adequate and efficient sales
force which offers full sales coverage
throughout the TERRITORY promoting the
services offered by TBS and the Liner
Companies in the TRADE, at no additional
expense to the TBS;
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(2) AGENT shall exercise its best efforts on
behalf of TBS in soliciting and securing
cargoes, both inbound and outbound. Any
expenses for the entertainment of shippers,
forwarders, importers, or customs house
brokers shall be for AGENT's account, except
for special receptions or any other special
or unusual expenses in connection with the
solicitation or promotion of TBS's and the
Liner Companies' services in the TRADE and
such expenses shall be for TBS's and/or the
Liner Companies' account subject to the
prior approval of TBS; and
(3) AGENT shall report regularly with
information relating to AGENT's activity
with regard to the solicitation and
procurement of cargoes and with information
regarding the commercial activities of TBS's
and the Liner Companies' competitors in the
trade; and
(4) AGENT shall oversee advertising for TBS
and the Liner Companies', subject to TBS'
approval, expenses for said advertising to
be for account of TBS and/or the Liner
Companies.
b. attend to all other traffic functions pertaining
to inbound and outbound cargoes;
c. undertake where/when necessary to file, maintain,
revise and/or update all TBS tariffs whose scope
includes the activities of TBS and of the Liner
Companies in the TRADE in those instances where the
findings, maintaining, revising, or updating is not
undertaken by a Freight Agreement or Conference of
which TBS or one or more of the Liner Companies is a
member and to that extent;
(1) AGENT shall ensure that any applicable
tariffs accurately reflect any service
contracts or independent action rates of TBS
or the Liner Companies; and
(2) any fees incurred by the AGENT in
performing these services shall be for the
account of TBS and/or the Liner Companies.
(3) TBS to receive a copy of the tariff and
all amendments thereto in English.
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d. book all cargo in accordance with the terms of the
applicable TBS or Liner Company's tariff or COA or
C/P as may be applicable to the carriage of a
particular cargo under the terms and exceptions of
TBS' or the applicable Liner Company's xxxx of
lading, and in accordance with the shipping laws and
regulations of the TERRITORY.
e. undertake to attend traffic or related shipping
meetings if so requested;
f. exercise due diligence in the collection of
freight charges on both inbound and outbound cargoes
and any other charges or dues on TBS' and the Liner
Companies' behalf and remit same to TBS in accordance
with TBS's instructions and to that extent undertake
to:
(1) issue or deliver "Freight Collect" Bills
of Lading or "Freight Collect" cargo on
inbound shipment only against full payment
of outstanding collect freight charges
except for those instances where TBS have
expressly authorized the release of said
Xxxx of Lading or cargo;
(2) issue and deliver Bills of Lading for
outbound cargoes only against full payment
of freight charges due under the relevant
Xxxx of Lading;
(a) TBS and the Liner Companies'
hereby authorize AGENT to extend
credit to their shippers for outward
cargoes in accordance with their
instructions provided that those
shippers have executed a valid
"Shippers Credit Agreement" with TBS
and or a Liner Company. Agreement
must provide that TBS and or the
applicable Liner Company may recover
reasonable legal fees and other
expenses incurred in recovering
unpaid freight or other charges;
g. make all arrangements necessary for the
on-carriage of goods when such on-carriage is
necessitated by Bills of Lading or the terms of
carriage or instructions issued by or on behalf of
TBS and or a Liner Company;
h. prepare and promptly despatch to TBS' Agents at
foreign destinations, required documentation
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including, but not limited to, Visaed Customs
Manifests and Crew Lists, Freight Lists, Cargo Books,
etc., and prepare and promptly despatch to TBS
complete documentation including: Port Logs, Daily
Work Reports, Freight Lists, copies of Bills of
Lading, etc.
4. Notwithstanding the accounting procedures otherwise
required by TBS, and the AGENT's Agreement to those
procedures, as set forth in "MEMORANDUM C" attached hereto,
with due regard to the financial requirements of TBS, AGENT
shall:
a. collect any and all freight monies due to TBS
and/or the Liner Companies in the TRADE and shall not
be liable for the non-collection of freight due to
circumstances beyond the control of the AGENT; but
the AGENT shall be liable for the non-collection of
freights wherein the circumstances were not beyond
the control of Agent, including, but not limited to:
(1) the unauthorized extension of credit,
e.g., release of original "Freight Prepaid"
Bills of Lading to a shipper having no
credit agreement, or who are delinquent in
payments, are otherwise on a cash basis, or
who have had their credit privileges
revoked;
(2) AGENT mistakenly reports freights as
having been paid thereby causing premature
release of cargo at the port or point of
destination;
(3) AGENT releases incoming cargo moving
under a "Freight Collect" or "Freight
Payable at Destination" Xxxx of Lading
without collecting the freight; or
(4) for any other reason caused by a lack of
due diligence by the AGENT.
b. deposit all freight collected with TBS in
accordance with TBS' instructions and to that extent:
(1) shall deposit all freight collected
immediately upon collection in TBS'
designated bank account which shall be
dedicated solely to freight collections, be
separate from the disbursement account and
be under the control of TBS;
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(2) shall submit to TBS a freight collection
detail report immediately pending final
freight accounts per vessel and voyage;
c. endorse, on behalf of TBS and/or the Liner
Companies', checks, drafts, or other documents which
might require the endorsement of TBS for deposit or
collection. AGENT is hereby authorized and empowered
to deposit any and all such notes, checks, drafts,
cash, or other documents in accordance with the terms
of this Agreement and TBS's instructions;
d. provide TBS (or its appointed accountant), upon
request, the right to examine the AGENT's books,
records, or other relevant documents maintained in
the normal course of AGENT's business in connection
with the performance of AGENT's duties as described
in this Agreement at reasonable intervals; and
e. provide TBS with AGENT's annual financial
statements accurately depicting and detailing AGENT's
activities and financial condition in the original
language in which issued with English translations
within 120 days of the agents fiscal year ends.
f. agree to indemnify and pay all legal expenses on
behalf of TBS and/or the Liner Companies wherein TBS
and/or the Liner Companies, through no fault of their
own, become involved as a party to legal actions
against the AGENT and/or TBS and/or the Liner
Companies because of the acts or omissions of the
AGENT.
5. In consideration of AGENT's performance of the
above-mentioned services TBS and the Liner Companies shall:
a. make all reasonable efforts to assist AGENT in the
performance of its obligations and to fully cooperate
with its attempts to promote TBS' the Liner
Companies' services in the TRADE;
b. indemnify and pay all legal expenses on behalf of
the AGENT wherein the AGENT, through no fault of its
own, becomes involved as a party to legal actions
against TBS and/or the Liner Companies or against the
AGENT because of directions from TBS and/or the Liner
Companies;
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c. pay to AGENT the fees and commissions pursuant to
the terms and conditions set out under "MEMORANDUM A"
which is annexed to this document and is incorporated
hereto.
ARTICLE 4. CLAIMS AND DELINQUENT FREIGHT CHARGES
1. The agent shall advise TBS of any/all claims including
cargo claims that may arise immediately:
a. AGENT will comply with the instructions set forth
in "Memorandum B" attached hereto.
b. AGENT shall make no representation to any party
alleging a claim in respect of the claims, merits or
quantum without express authority from TBS and/or
Maritime Guardian, Ltd., their claims handlers;
c. TBS to advise AGENT of all claims settlements
which have been notified through AGENT.
d. AGENT will provide TBS with a monthly report on
all claims filed during that month and will provide
TBS each January with an annual list of all claims
pending as of December 31 of the previous year.
2. AGENT agrees to take such steps as may be proper and
necessary to protect TBS' and the Liner Companies' interests
in the event a shipper, consignee, or any other party fails to
pay promptly any freights or other monies due and payable to
TBS and/or the Liner Companies. AGENT shall not take legal
proceedings in the name of TBS and/or the Liner Companies to
enforce payment of such monies without the express authority
of TBS and/or the Liner Companies. The costs of any legal
proceedings expressly authorized by TBS and/or the Liner
Companies shall be borne by TBS and/or the Lienr Companies who
shall designate appropriate legal counsel to pursue said
action.
On the other hand, AGENT is permitted, in cases where AGENT
may be liable for non-collection of freight under Article 3,
4A (1-4), to hire a collection agency and/or to seek legal
counsel of its own choice and at its own cost immediately upon
reporting its liability to TBS or upon being held liable by
TBS. The course of such action is to be reported to TBS on
request.
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ARTICLE 5. CONFIDENTIALITY
During the term of this Agreement and for a period of two (2) years
thereafter, AGENT undertakes not at any time to divulge or make known
any information concerning the secrets, accounts or dealings of or in
anywise relating to the business of TBS and/or the Liner Companies
unless otherwise instructed by TBS. AGENT will obtain and deliver to
TBS a similar written and signed undertaking from AGENT's officers,
managing directors and all others maintaining a managerial position
with AGENT stating that each of them undertakes not at any time to
divulge or make known any information concerning the secrets, accounts
or dealings of or in anywise relating to the business of TBS and/or the
Liner Companies unless otherwise instructed by TBS. AGENT agrees that,
in addition to the recovery of allowable damages as a result of breach
of the provisions of this Article, such provisions may be enforced by
injunctive relief from either an arbitration panel or a court of
appropriate jurisdiction in the TERRITORY, and AGENT consents to TBS
and/or the Liner Companies applying for and obtaining such injunctive
relief. A similar undertaking will also be obtained by AGENT from its
officers, managing directors and all others maintaining a managerial
position with AGENT.
ARTICLE 6. APPLICABLE LAW
This Agreement shall in all respects be governed by an interpreted
according to the law of New York.
ARTICLE 7. ARBITRATION
Any dispute or claim arising out of or in connection with this
Agreement shall be referred to arbitration in New York by a panel of
three arbitrators, one chosen by the party seeking arbitration, one
chosen by the other party, and a third chosen by the arbitrators so
selected. The arbitrators shall be commercial men. The decision of the
majority will be final and binding upon the parties and may be enforced
by any court having jurisdiction.
Arbitration shall be commenced upon not less than thirty (30) days
notice on intention to refer the matter to arbitration, specifying the
nature of the dispute or claim and notice shall have been delivered in
writing to the other party.
ARTICLE 8. DURATION AND TERMINATION OF AGREEMENT
This agreement shall run for an indefinite period, but shall be
revocable by either party giving the other party not less than thirty
(30) days written notice of their intent to terminate the Agreement.
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TBS shall have the right to cancel this contract immediately should the
AGENTS be guilty of willful misconduct or malfeasance.
The responsibilities of the parties to this Agreement shall remain in
force for all voyages in progress on the effective date of the
termination of the Agreement and for the performance of obligations
arising prior to the effective date of the termination.
Any termination of this agreement shall be without prejudice to the
right and claims of the parties between themselves in respect of all
matters and things arising previous to such termination and no such
termination shall release or discharge the parties from any liability
incurred by them previous thereto.
ARTICLE 9. NOTICES
Any notice or communication must be sent by facsimile, telex,
registered or recorded mail or by personal service. The
address of the parties for service of such communication shall
be as follows:
If to TBS:
TBS Worldwide Services Inc.
Xxxxxxxx Xxxxxxxx, Xxx Xxxxxxxx Xxxx
Xxxxxxxx XX 00, Bermuda
Telephone: (000) 000-0000
Fax: (000) 000-0000
With copy to:
TBS Shipping Services Inc.
000 Xxxx Xxxxxx Xxxxxx Xxxx
Xxxxxxx, Xxx Xxxx 00000
Telex: 6733815 TBS
If to the Agent:
[insert agent name]
[insert address]
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ARTICLE 10. NON-ASSIGNMENT
The parties agree that no party thereto shall have the right
to assign any of its rights or obligations hereunder to any
third-party without the written consent of the other party.
IN WITNESS WHEREOF, the Parties have caused this Agreement to
be executed by their duly authorized officers or representatives this [ ] day of
[ ], 200_.
[insert agent name] TBS WORLDWIDE SERVICES INC.
By_________________________ By_________________________
Title: Title:
TBS LATIN AMERICA LINER, LTD. TBS OCEAN CARRIERS, LTD.
By:________________________ By:________________________
Title: Title:
TBS NORTH AMERICA LINER, LTD. TBS PACIFIC LINER, LTD.
By:________________________ By:________________________
Title: Title:
TBS EUROLINES, LTD.
By:________________________
Title
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TBS MIDDLE EAST CARRIERS, LTD.
By:____________________________
Title:
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COMMERCIAL AGENCY AGREEMENT
MEMORANDUM "A"
---------------
With reference to the COMMERCIAL AGENCY AGREEMENT signed on the [ ] day of [ ],
200_, among TBS WORLDWIDE SERVICES INC. ("TBS"), TBS PACIFIC LINER, LTD., TBS
LATIN AMERICA LINER, LTD., TBS NORTH AMERICA LINER, LTD., TBS EUROLINES, LTD.,
TBS OCEAN CARRIERS, LTD., TBS MIDDLE EAST CARRIERS, LTD., and [insert agent
name] ("AGENT"), it is hereby agreed TBS and/or the Liner Companies shall pay to
AGENT the following commissions and fees according to Article 3 (Paragraph 5C)
of said agreement, to be reviewed at the end of 200_.
Commissions:
A booking commission of _______% shall be paid on all shipments firmly booked.
Commissions will only be paid to AGENT if it firmly books the cargo and in all
instances will be paid on the total freight, as manifested.
It remains the responsibility of AGENT to prove conclusively that it was
entitled to the commission earned. Unless agreed otherwise, AGENT is to invoice
for commissions by voyage with full details to TBS New York, Attention
Accounting Department.
[INSERT AGENT NAME] TBS WORLDWIDE SERVICES INC.
By ________________________ By _______________________
TBS LATIN AMERICA LINER, LTD. TBS OCEAN CARRIERS, LTD.
By ________________________ By _______________________
Title: Title:
TBS NORTH AMERICA LINER, LTD. TBS PACIFIC LINER, LTD.
By ________________________ By _______________________
Title: Title:
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TBS EUROLINES, LTD.
By:____________________________
Title
TBS MIDDLE EAST CARRIERS, LTD.
By:____________________________
Title:
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COMMERCIAL AGENCY AGREEMENT
MEMORANDUM "B"
CARGO CLAIMS PROCEDURES
Attachment to COMMERCIAL AGENCY AGREEMENT signed on the [ ] day of [ ] 200_,
among TBS WORLDWIDE SERVICES INC. ("TBS"), TBS PACIFIC LINER, LTD., TBS LATIN
AMERICA LINER, LTD., TBS NORTH AMERICA LINER, LTD., TBS EUROLINES, LTD., TBS
OCEAN CARRIERS, LTD., TBS MIDDLE EAST CARRIERS, LTD. (collectively referred to
as the "Liner Companies") and [insert agent name] ("AGENT").
The following procedures are those to which you are required to adhere without
fail. These are requirements, not suggestions or recommendations.
TBS and the Liner Companies have appointed Maritime Guardian, Ltd. (hereinafter
"MGL") to handle all claims. The full style of MGL is as follows:
Maritime Guardian, Ltd.
000 Xxxx Xxxxxx Xxxxxx Xxxx
Xxxxxxx, Xxx Xxxx 00000
XXX
Contact: XXXXXXXXXX XXXXXXXX
Phone: (000) 000-0000
Fax: (000) 000-0000
AOH/Mobile: (000) 000-0000
Email: xxx@xxxxxxxxxxxxxxxx.xxx
Upon your receipt of any information indicating that there is any problem with a
cargo shipment, you are to notify MGL in copy to TBS's Agent in New York ("TBS
New York") immediately. It is not necessary to have a written claim or
notification of cargo damage presented, a verbal complaint, and/or knowledge of
any possible situation is to be sufficient to cause you to notify "TBS New
York".
All communication with "TBS NY" is to be in English. If documents are presented
by the customer or their representative in a language other than English, you
are to provide "TBS NY" an informal translation. Should an official translation
become necessary at some point, it will be arranged or requested in due course.
There is a two-fold purpose for this absolute requirement: (1) MGL will be
better able to respond more precisely and rapidly to the customer via your
office; (2) the documents (with the English translation) can be sent to the
owners' underwriter for expedited handling. As you are aware, each time you
forward documents in a foreign language you are requested to provide an English
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translation which if provided in the first instance would facilitate the
processing of the claim resulting in better service to the customer.
If any surveyors have been appointed on behalf the "Liner Companies," you are to
liaise closely with the appointed surveyor to ensure that the surveyors
preliminary advice is submitted to "TBS NY," within 2 working days of completion
of discharge and a copy of the full original survey report, always in English,
is sent to MGL in copy to TBS's Agent in New York no later than 1week after
completion. If there is significant damage observed the surveyor is to issue a
specific preliminary report not later than the next business day. For most
instances involving significant damage, MGL shall coordinate with P&I/Liability
Underwriters and revert with to "Agent" with specific surveyor instructions.
In the event there is a problem that arises which requires immediate attention
you/or the surveyor is to contact MGL personnel and TBS New York by phone at any
time. All reports, formal claim and/or written communications are to be sent to
MGL, in original form, to the attention of Xxxxxxxxxx Xxxxxxxx and copied to TBS
New York marked to the attention of the vessel operator or Operations
Department. In this respect, should you have any problems obtaining the
cooperation of the surveyor(s), cargo claimants and/or their representatives,
please inform MGL and TBS New York immediately.
If there is a persistent problem with surveyors, cargo claimants and/or their
representatives, the appropriate steps necessary to have the surveyor comply,
including employing a different surveyor will be taken.
A surveyor will be appointed to attend the discharge of the vessel and, as/if
required, to investigate specific claims. Your assisting us in maintaining close
coordination with the appointed surveyors is invaluable to all parties.
Once a formal "notice of claim" and/or damage is presented by cargo claimants
and/or their representative, the following documents are to be obtained from
them:
Clear copy of both sides of the Original, Endorsed Xxxx(s) of Lading.
Fully Detailed Packing List corresponding to the respective, cargo
shipment/Xxxx(s) of Lading.
Commercial Invoice(s) corresponding to the respective cargo shipment/Xxxx(s) of
Lading.
Detailed Claim Statement outlining and summarizing how the claim/alleged loss
has been calculated.
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Evidence that damage being claimed is attributable to the carrying vessel and
occurring while the cargo was in the custody of "Liner Companies".
If these documents are not in English, you are to provide a free translation of
same. This informal translation is needed to expedite the handling of the
alleged claim.
Under no circumstances are you to act as a settlement agent. You have no
authority to make or propose to the claimant any settlement or agreement without
having received written authority from MGL or senior management of TBS New York
first. You shall not appoint legal representation without the written consent
from "TBS NY" and "MGL" in consultation with the P&I/Liability Underwriters. You
are, however, encouraged to communicate your ideas and recommendations for the
handling of the claim or dispute to MGL and/or TBS New York for consideration.
No cargo surveys, out-turn reports, or information verbal or written, related to
possible cargo claims are to be given to cargo claimant and/or their
representatives, or any other party without written authorization from MGL or
senior management of TBS New York.
All other questions and/or comments not answered above shall be handled on a
"case-by-case" basis with specific instruction provided to "Agent" by "MGL".
In the event of any question, agents shall immediately contact "TBS NY" or "MGL"
for further clarification.
[insert Agent name] TBS WORLDWIDE SERVICES INC.
By:__________________________ By:________________________
Title: Title:
TBS LATIN AMERICA LINER, LTD. TBS OCEAN CARRIERS, LTD.
By:__________________________ By:________________________
Title: Title:
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XXX XXXXX XXXXXXX LINER, LTD. TBS PACIFIC LINER, LTD.
By:__________________________ By:________________________
Title: Title:
TBS EUROLINES, LTD.
By:________________________
Title:
TBS MIDDLE EAST CARRIERS, LTD.
By:________________________
Title:
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COMMERCIAL AGENCY AGREEMENT
MEMORANDUM "C"
ACCOUNTING PROCEDURES
Attachment to COMMERCIAL AGENCY AGREEMENT signed on the [ ] day of [ ] 200_,
among TBS WORLDWIDE SERVICES INC. ("TBS"), TBS PACIFIC LINER, LTD., TBS LATIN
AMERICA LINER, LTD., TBS NORTH AMERICA LINER, LTD., TBS EUROLINES, LTD., TBS
OCEAN CARRIERS, LTD., TBS MIDDLE EAST CARRIERS, LTD. (collectively referred to
as the "Liner Companies") and [insert agent name] ("AGENT").
Disbursements
Upon advice by TBS or its Agent in New York ("TBS New York") of a vessel's
arrival, the AGENT will forward to TBS New York via Electronic Mail file
attachment (address is: xxxxxxxxxx@xxx.xxxxxxx.xxx) or by fax to 000-000-0000,
attention Operations Department, a realistic proforma for estimated port
disbursements within 24 hours. The only acceptable form is attached. The
proforma will stipulate details of services included, such as, pilotage,
wharfage, stevedoring, etc. TBS New York will place the AGENT in funds
accordingly to cover approved estimated expenses. Within a maximum of 7 days
after a vessel's sailing from each port, a revised proforma based on actual
costs incurred is to be sent to TBS New York in the same format as the initial
proforma, via Electronic Mail file attachment or by fax, to the Operations
Department. Any significant changes in costs should be highlighted together with
reasons why.
In case total costs for the port call increase by greater than 20%, additional
funds will be sent to the AGENT as appropriate.
Final disbursement accounts are to be closely scrutinized by the AGENT and
forwarded to TBS New York, attention Operations Department, within thirty (30)
days after each sailing. A copy of Statement of Fact should be included in the
disbursement account. Within three (3) weeks of receipt of the disbursement
account TBS New York will remit funds to finalize the voyage or question any
disputed items.
Disbursement Bank Account
The AGENT shall maintain a separate bank account in its name exclusively for
TBS's and the Liner Companies' disbursements.
Receipts
AGENT will collect on behalf of TBS and/or the Liner Companies all outstanding
charges related to shipments by TBS and/or the Liner Companies. AGENT will be
responsible for collection of inbound collect and outbound prepaid shipments.
Deposits will be made directly to TBS's and/or the Liner Companies' separate
local Freight Deposit Account, which will be set up specifically for
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this purpose. This account will be under the exclusive control of personnel of
TBS New York. Detailed collection reports by Xxxx of Lading will be sent
immediately to TBS New York via Electronic Mail (address is
xxxxxxxxxx.xxxxxxxxxxx@xxx.xxxxxxx.xxx) or fax at 000-000-0000, attention
Accounts Receivable. Content of this reporting to include Xxxx of Lading number,
parcel number, amount, and payee.
Accounts Receivable
AGENT shall be responsible for notifying TBS New York immediately upon AGENT's
knowledge that a Freight Receivable is in jeopardy of becoming uncollectible or
is otherwise at risk.
Monthly, TBS New York will issue a report to the AGENT indicating those
receivables AGENT is responsible for collecting. AGENT shall comment within one
(1) week of receipt of said list about collection status of all Freight
Receivables over thirty (30) days. Comments will be in written form and directed
to TBS New York, via Electronic Mail (address is:
xxxxxxxxxx.xxxxxxxxxxx@xxx.xxxxxxx.xxx) or fax at 000-000-0000, attention
Accounts Receivable.
Statement of Accounts
Monthly, the AGENT will forward to TBS New York a Statement of Account showing
the financial relationship between the AGENT and TBS including balance forward
from last statement, current charges and remittances, and closing balance.
[INSERT AGENT NAME] TBS WORLDWIDE SERVICES INC.
By:__________________________ By:________________________
Title: Title:
TBS LATIN AMERICA LINER, LTD. TBS OCEAN CARRIERS, LTD.
By:__________________________ By:________________________
Title: Title:
TBS NORTH AMERICA LINER, LTD. TBS PACIFIC L INER, LTD.
By:__________________________ By:________________________
Title: Title:
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TBS EUROLINES, LTD.
By:________________________
Title:
TBS MIDDLE EAST CARRIERS, LTD.
By:________________________
Title:
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