This agreement is signed by the following parties on ______________after negotiation.
甲方: Party A: S
乙方: Party B:
前言Foreword
甲方委托乙方按本协议约定的条件向甲方提供仓储与物流服务,同时乙方也愿意按同样条件接受甲方的委托。
Party A entrusts Party B to provide warehousing and logistics services to Party A according to the conditions agreed in this agreement, meanwhile Party B is willing to accept Party A’s commission at the same conditions.
条款:Conditions
一、定义与解释 DEFINITION AND EXPLANATION
1.1 除了本协议上下文或主题中另有规定外,下列词句的含义如下:
1.1 Unless otherwise agreed in the theme or context of agreement, the following expressions mean as follows:
合同记录的含义见9.1条。
Please see Article 9.1 for the meaning of contract record.
仓储与物流费用是指在合同期间由合同双方以书面形式随时确定的费率和收费标准;在签订本协议时,则为附录B详细规定的费率和收费标准。
Warehousing and logistics expense means the rate and charging standard determined by both parties in writing at any time during contract; while signing the agreement, it means the rate and charging standard detailed in Appendix B.
仓储与物流服务是指附件1中描述的服务内容。
Warehousing and logistics services refer to the services described in Annex 1.
仓储与物流服务条款指由甲方和乙方通过书面形式随时确定的仓储与物流业务标准操作流程;在本协议签订时,则为附录A详述的仓储与物流业务标准操作流程。
Conditions of Warehousing and logistics services means the standard operating procedure of warehousing and logistics determined by Party A and Party B in writing at any time; while signing the agreement, it is the standard operating procedure of warehousing and logistics detailed in Appendix A.
二、委托 Commission
甲方按本协议约定委托乙方为其非独家仓储代理,为甲方及其书面指定的相关单位提供仓储与物流服务,乙方亦按同样条件接受甲方委托。
Under this agreement, Party A entrusts Party B as the non-exclusive agent of storage to provide warehousing and logistics services for Party A and the relevant units designated in writing, and Party B accepts the commission under the same conditions.
三、协议有效期 Effective Date of Agreement
本协议若无以下提前终止的情况,有效期从 年 月 日至 年 月 日。双
一致同意可于本协议正式生效前 天左右开始试运行,试运行期间的一切事宜如操作
形式,操作标准,费用,双方的权利义务等均按本协议项下除本条外的各条款执行。
Without the following situation of early termination, the validity period of agreement is from_________ to _________. The two parties unanimously agree to start trial operation _______ days before formal enforcement of the agreement, during the trial operation, all matters such as operation forms, operating standards, costs and expenses, rights and obligations of the two parties, etc., shall be carried out according to the conditions under this agreement apart from this section.
(a) 按第13条(终止条款)终止;或
Terminated in accordance with Article 13 (termination clause); or
agreement of the parties.(b) 任何一方提前30天以书面形式通知另一方终止;或
Any party gives 30 day’s advance notice of termination in writing to the other party; or
(c) 双方协议终止。
The agreement of the two parties is terminated.
四、独立承包方 Independent Contractor
乙方为甲方的独立承包人,本协议任何条款或附录、附件、备忘录等均不得影响这种关系或情况。乙方将按其实际需求为履行本协议雇佣其他单位或个人为其员工或分包商。双方理解,这样的单位或个人仅仅为乙方的员工或分包商,完全由乙方独立雇佣、解雇、管理、控制,在任何情况下均不与甲方构成中国法律所描述的雇佣关系且这样的单位或个人与乙方间的任何纠纷,纷争等均不得对甲方或本协议的实施产生任何负面影响。甲方免予承受任何与此相关的责任。乙方必须在选择、监督这些单位和个人时尽合理的谨慎,并对他们的作为和不作为完全负责。
Party B is the independent contractor of Party A, and the relationship or situation shall not be affected by any article, appendix, annex, memorandum and so on. Party B will employ other units or individuals as their employees or subcontractors based on their actual needs for implementation of this agreement. The two parties understand that such units or individuals are only the employees or sub-contractors of Party B, and can be employed, dismissed, managed and controlled by Party B independently, and in any case, they have no employment relationship described in Chinese laws with Party A, and any dispute between such units or individuals with Party B, shall not bring negative impacts to Party A or to the implementation of the agreement. Party A is exempted from related liability. Party B must choose and supervise these units and individuals with reasonable caution, hold fully responsible for their acts and omissions. [外贸知识网图文来源于网络,如有侵权,请联系删除]