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GB/T 30057-2013Code of contracts for international freight forwarders (English PDF)

国际货运代理合同规范

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Issued by

General Administration of Quality Supervision, Inspection and Quarantine; Standardization Administration of the PRC

Level / Type

National · Recommended

Issue date

December 17, 2013

Implementation date

April 1, 2014

Scope

GB/T 30057-2013 is the English-translated version of 国际货运代理合同规范.

China's national code for the contracts used by international freight forwarders. It specifies the elements, the structure and the content of the contracts under which forwarding services are provided. The introduction states the problem it addresses: the international freight forwarding business is very wide and involves a great many different contracts. A forwarder acts as an agent in one transaction and as a carrier in the next; it contracts with shippers, with consignees, with carriers, with terminals, with customs brokers and with warehouses; and each of those relationships has its own allocation of responsibility, its own liability limits and its own time bars. A company doing that in volume, in many offices, cannot negotiate each contract individually, and in practice it does not: it uses standard terms, and the quality of those terms determines what happens when something goes wrong. That is the situation a code of contracts addresses. It does not write the contracts, and it does not set the commercial terms - the price, the service level and the volumes remain matters for the parties. What it fixes is what a forwarding contract has to contain in order to be complete: the identification of the parties and the capacity in which the forwarder acts, which is the single most consequential clause and the one most often left ambiguous; the services to be performed and their scope; the obligations of each party, including the shipper's warranties about the cargo and the documents; the charges and how they are calculated; the liability and its limits; the insurance; the time limits for claims; and the governing law and dispute resolution. A contract missing any of those is not silent on the point - it is filled in by law that neither party chose. Issued on 17 December 2013 and in force since 1 April 2014.

Document preview — GB/T 30057-2013

National Standard of the People's Republic of China

ICS
03.100.01
Classification
A 10

Issued by: General Administration of Quality Supervision, Inspection and Quarantine; Standardization Administration of the PRC

Contents

  • 1 Scope
  • 2 Normative references
  • 3 Terms and Definitions

Foreword

This standard was drafted in accordance with GB/T 1.1-2009 given rules. The standard proposed by the People's Republic of China Ministry of Commerce. This standard by the National Standardization Technical Committee of the International Freight Forwarders (SAC/TC489) centralized. This standard was drafted. New Epica Shanghai International Logistics Limited, Guangzhou Whirlpool Logistics Limited, Shenzhen joint aspect of international Freight Forwarders Ltd, Fortis Information Technology Development Co., Ltd., Fujian GR International Freight Forwarders Ltd., Xiamen Branch, Chongqing AP International Logistics (Group) Co., Ltd., Chongqing TGL Logistics Limited, China Ocean Shipping (Group) Corporation, Jincheng logistics (set Group) Co., Ltd., China Sinotrans Group Co., Ltd., China Shipping (Group) Corporation, China Steel International Freight Co., Ltd., Chongqing City, State International Freight Forwarders Association, Xinjiang Tuomuer Freight Forwarders Limited. The main drafters of this standard. Lin Zhong, He Hanwei, Chen Zheng, Feng Jianping, GAO, King Hund, Chen Zhiyong, Chen blonde, Ren Zhongwei, Pei Lei, Liu Lu, Wang, Wu Hung package, Liu Jun, Yang Xijiang.

International freight forwarding business is very extensive, involving many business contracts, such as transport contracts, agency contracts, customs agents contracts, Logistics service contract, pledge supervision contract, contract warehousing, charter contract, Transportation finance lease contracts, lease contracts and other transport equipment. in Prior to the development of standards for each business contract, the first to develop an international freight forwarding contract specifications, the provisions of international freight forwarders as an agent or through an independent Battalion provided general requirements for the purchase or service contract, the contract specifications and features, for the subsequent development of various business contracts related series of standards Dien Fixed base. International Freight Forwarders contract specifications

1 Scope

China's national code for the contracts used by international freight forwarders. It specifies the elements, the structure and the content of the contracts under which forwarding services are provided. The introduction states the problem it addresses: the international freight forwarding business is very wide and involves a great many different contracts. A forwarder acts as an agent in one transaction and as a carrier in the next; it contracts with shippers, with consignees, with carriers, with terminals, with customs brokers and with warehouses; and each of those relationships has its own allocation of responsibility, its own liability limits and its own time bars. A company doing that in volume, in many offices, cannot negotiate each contract individually, and in practice it does not: it uses standard terms, and the quality of those terms determines what happens when something goes wrong. That is the situation a code of contracts addresses. It does not write the contracts, and it does not set the commercial terms - the price, the service level and the volumes remain matters for the parties. What it fixes is what a forwarding contract has to contain in order to be complete: the identification of the parties and the capacity in which the forwarder acts, which is the single most consequential clause and the one most often left ambiguous; the services to be performed and their scope; the obligations of each party, including the shipper's warranties about the cargo and the documents; the charges and how they are calculated; the liability and its limits; the insurance; the time limits for claims; and the governing law and dispute resolution. A contract missing any of those is not silent on the point - it is filled in by law that neither party chose. Issued on 17 December 2013 and in force since 1 April 2014.

This standard specifies the general requirements for international freight forwarders as an agent or an independent operator of a service contract, contract elements and Regulation Van requirements. This standard applies to international freight forwarders, the principal and related businesses, but also as business or management contract management agency in accordance with.

2 Normative references

The following documents for the application of this document is essential. For dated references, only the dated version suitable for use herein Member. For undated references, the latest edition (including any amendments) applies to this document.

GB/T 22151-2008 International Freight Forwarders job specification

GB/T 22152-2008 international freight forwarding business statistics guidelines

GB/T 22153 International Freight Forwarders General Terms and Conditions

GB/T 22154-2008 International Freight Forwarders quality of service requirements

3 Terms and Definitions

GB/T 22151-2008, GB/T 22152-2008, GB/T 22154-2008 define the following terms and definitions apply This document.

3.1 International freight forwarding business internationalfreightforwardingbusiness Operator or agent of an independent status, to provide customers with the international transport of goods related to integrated logistics services, including but not Limited Lanhuo, booking (including charter, charter flights, package board, cabin), shipping, loading, for a single, detachable document preparation, warehousing, distribution, transit, container Box; carriage of goods by sea, land cargo transport, air cargo transport, pipeline transport, river transport of goods and related short-distance transport; international multimodal Transport, Cargo (including LCL), international railway transport, international express delivery; declaration, inspection, inspection, insurance; freight, fees and payment and settlement; States International exhibits, personal items and transit cargo transport agents; and packaging, handling, information and consulting services paid to collect remuneration paid services Economic activity. [GB/T 22152-2008, the definition 2.4]

3.2 Contract contract Determine the respective rights and obligations of the agreement between the parties.

3.3 Contract carrier contractingcarrier Any express or implied manner to assume responsibility for the transport of people. [GB/T 22154-2008, the definition 3.8]

3.4 Actual carrier carrier Performing carrier performingcarrier With their own means of transport actual carriage.

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This preview omits tables, figures, formulas and parts of the technical clauses. The complete document — 17 pages — is available in the English PDF.

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