How to Straighten Out Relationships in the Agency Contract? Leave a comment

Case

Our company has been working with an American company for more than five years. Previously, customers made inquiries, and then we found suppliers and quoted on our behalf. After the transaction, our company signed the contract separately. Recently, the American company found a domestic factory of its own. However, they still hope to export through our company, declare customs in our name. And they require the price given to them by the factory to include our agency fee. Customer also wants our quality inspectors to inspect and accept these products on behalf of their companies. I was a bit confused when I was preparing to sign this contract with my customers. Can we represent domestic suppliers to export their products and, at the same time, on behalf of foreign buyers, check the quality of domestic suppliers, and carry out acceptance?

Analysis

First of all, let’s talk about the relationship between your company and the domestic supplier. As his agents, you sign contracts with foreign customers on his behalf. For foreign customers, you and the supplier can be as a whole with a different division of labor. Specific matters still need to be discussed and confirmed with domestic suppliers. You are mainly responsible for foreign trade process affairs, using your platform to declare customs, collect foreign exchange, pay for goods, refund tax, write-off, etc. You can make clear in the agency agreement with the supplier that he is responsible for if there is a dispute. In the agency agreement, there is no quality issue involved. Even if there is any quality problem, customers will put forward, and you are only responsible for coordination and communication.

Foreign customers entrust you to check the product quality, which can be understood separately from the agency contract. If the customer gives you a certain standard to inspect the goods, you only need to check according to this standard. Don’t relax your inspection standards or deliberately harsh for some reasons. After all, technical testing is based on facts and data, without personal influence.

Suggestion

Two different businesses should sign contracts or contracts separately. In the process of exporting domestic suppliers, you sign an agency contract with the domestic factory, and then sign an export contract with a foreign customer. After that, you sign the inspection entrustment service agreement with the foreign customer separately, and clearly state how to check, how to accept, how to charge, how to pay in the written text. Don’t put two businesses together. Otherwise, it will be very complex. In fact, in your company, people who do agency export and inspection and acceptance belong to different departments. You can have people in different departments work according to their principles, and do their own work. You may be responsible for coordinating and contacting customers. From your point of view, it is best to deal with the two businesses separately.

 

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