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Trang 1CONTRACT OF CARGO TRANSPORTATION
Contract no.: 0001/FSC Date: 01/10/2010
RE : Transportation of cargo from HCM, VietNam to CHITAGONG, BANGLADESH.
Upon the Commercial law promulgated by the Government about mutual trade negotiation and agreement.
Upon the Vietnam maritime law and relating regulations promulgated by the Government and the authorized organizations of The Social Republic of Vietnam regarding about domestic sea
transportation.
Whereas, Party A:
Company registered name: FOCUS SHIPPING CORP
309-311 Hoang Dieu, Ward 4, Dist.6, Ho Chi Minh City, Viet Nam
Tel: (084) 8 39434265 Fax: 084) 8 39434261
Represented by: Mr Kenny – President
(Hereinafter called : “Party A”)
Represented by: Ms DANG THI MINH TAM - Director
Who wish to enter into this service contract with terms and conditions shown on the pages hereafter.
And Whereas, Party B
Company registered name: OKAYA & CO., LTD
Marunouchi Central Bldg.No 9-1 Marunouchi 1-chome, Chiyoda – Ku,
Tokyo 100-0005, Japan
Tel: +81-3-3214-8752 Fax:+81-3-3214-8751
Represented by: Mr Hiroshi Enomoto – General Manager
(Hereinafter called: “ Party B”)
Who wish to enter into this service contract with terms and conditions shown on the pages hereafter.
Based on ability and demand, both sides agreed to sign contract no 0001/FSC with term and condition below:
Trang 21 Article 1: Scope of supply
Charterer (Party B) agree to let the carrier ( Party A) transport charterer’s cargo in Sealine
The Party A shall have obligation to provide the Party B the service of transportation Party B’s cargo
The Party A shall have obligation to provide door to port service
Party A transport the cargo from the Party B’s factory to Chitagong and make clear export customs for Party B
Weight and unloading ports:
POL: Ho Chi Minh port, Viet Nam
POD: Chitagong port, Bangladesh
COM: Steel
VOL: 20’ft container
Transortation mean by Sea
2 Article 2: Obligations and Responsibility
2.1 Charterer ( Party B): shall be obliged to and responsible for
- Ensuring to have the cargo packed/ packaged in professional and sea-worth way and deliver the cargo to party A as per party A’s instructions
- Supplying party A with exporting plan, place of delivery, cargo need time at destination 2 week prior departure date
- Informing Party A the detail delivery address, person in contact and telephone # of consignee at destination
- Providing the accurate detail of transported goods/ cargo to the party A Party B, in any circumstance, shall not stuff in the container all the goods/cargo which are prohibited to export or import by governments of country of origin or destination, or any other cargo made from wood exclusive of processed wood
- Preparing all the necessary documents and submit them to the party A when required in order to prove the legality of the goods during the transportation, the legality of the third party authorized by party A
- Holding no claims against party A for any losses or damages caused by force-majeure
- Buy cargo insurance and settle all the Sea freight at due date
- Provide export documents including invoice, packing list to Party B
- Delivery goods to Party A at Part B’s factory
- Pay all of fees and charge as agree for Party A
2.2 Carrier: ( Party A) shall be obliged to and responsible for
- Providing party A with estimated sailing schedule, estimated time of departure & arrival
- Providing party A with clean & clear Bill in good conditions
- Solving all party A’s complaints & claims and compensating party A for all the loss and damages arising during the time of transportation if Party B cannot prove that all these the loss and damages are consequence of force-majeure
- To transport goods from Party B’s factory to Chitagong port, Bangladesh as agreed
- When the vessel arrive at Chitagong port – Bangladesh, Party A’s agent will contact with the consignee for the “Arrival Notice” and release Delivery Oder if the Consignee pay the destination charge
3 Article 3: Sea Freight and Method of Payment
3.1 Sea Freight:
Trang 3Rates, service fee of export goods will be paid directly to Part A as below:
FCL SERVICE: C&F CHITAGONG:
POL : HCMC PORT
POD : CHITAGONG PORT
COM : Steel
VOLUME : 150 tons
SERVICE : Warehouse – CY
Gross weight agree : 23tons/ cont 20’DC
I OCEAN FREIGHT:
Port of loading Port of delivery Ocean freight T/T days Validity
HCMC, VietNam Chitagong, Bangladesh 51.5 USD per ton 9 – 12 End November 2010
Rate above including: 1 Ocean freight from CY HCMC port to CY Chitagong, Bangladesh
2 Terminal Handling fee Charge in VietNam
3 Bill fee in Viet Nam
4 Seal fee in Viet Nam
5 Trcuking fee from Nhon Trach, Dong Nai to CY HCMC
6 Custom clearance in Viet Nam
7 Forklift at port of loading in Viet Nam
Rate above excluding: Stuffing cargo into container, other expenses incurred by the fault of Shipper,
packing fee
3.2 Payment
The payment in Vietnam will be paid within 7 working days from part A issuing bill of lading date If overdue will be fined 0.15% payment value per day
In circumstance that final consignee fails or reject to receive the cargo ontime., all the fees and charges arising from this failure or rejection will be for party A’s account
4 Article 4: Indemnity
- Unless there’s force majeure, party A under any circumstance, shall hold responsibility for preserving & transporting the goods accordance to the agreed sailing schedule
- The compensation for all the losses and damages will be carried out by party A or an insurance company authorized by party B Party B will be obliged to settle all the dispute regarding to the above mentioned compensation & indemnity (if have) between the authorized insurance company and Party B
- Party A shall not be responsible for any damages arising from force majeure
- Party A shall not be responsible for any damages caused by party B’s failure in fulfilling all the responsibilities and obligations stated in 2.1 of this contract
- In the event any damage or loss to Cargoes occurred during storage, in and out operation of cargoes or transportation by Party A, Party A shall be fully responsible for such loss or damage when Part A pickup acrgo leave factory
- Party A shall be liable for any event of delay during customs clearance, shipment or transportation caused by Party A But Part B must provide full docusmnet within promptly actions If not, any delay due to Part B
Trang 45 Article 5: Termination
- Unless there is agreement between 2 parties, or unless there is forece majeure, this contract cannot be terminated unilaterally by any party
- Before the expiry date of this service contract, if there are any dispute or disagreement on the Air freight rates, the 2 party can negotiate for the termination of this service contract before expiry date
- Force majeure is considered as an exception, If party B, for any circumstance, fail to fulfill all the obligations stated under this contract, party B shall reserve the right to terminate the service contract unilaterally and vice versa
6 Article 6: ARBITRATION
In the course of executing this contract, any changes arisen will be negotiated by both parties in the spirit of co-operation and understanding
All disputes, controversies or differences arising between the parties hereto, out of or in relation to or in connection with the contract, shall be finally settled by arbitration at Vietnam International Arbutration Center, Ho Chi Minh City under rules of international chamber of commerce The award rendered by the arbitrator shall be final and binding upon both parties
7 The finals
This contract shall come into the effect from signing date
Law of application: All the understanding, executing and effectiveness of this contract will follow the
Law and regulations promulgated by the Government and the authorized organizations of The Social Republic of Vietnam
And amendments and addition relating to any clause or article stipulated under this agreement shall be valid only if they are made in written and mutually approved by both sides
This contract is made in 2 copies of Vietnamese version and each side shall keep 01 copy with signatures by authorized person Unless otherwise stipulated, this service contract shall replace all the commitment and agreement between 2 parties