With the development of society step by step, agreements are closely related to our lives, and signing agreements can solve or prevent unnecessary disputes. There are many precautions in the agreement. Are you sure you can write? The following is my carefully organized model agreement for logistics companies (5 selected articles). Welcome to share.
Logistics Company Agreement 1 Party A:
Party B:
Through negotiation, Party A and Party B agree that Party A is willing to accept the services stipulated in the annex provided by Party B, and Party B is also willing to provide the above services to Party A, and both parties reach the following agreement.
(1) Business qualification
1. Party B promises that it has obtained relevant licenses and permits, and has the qualification and ability to sign and perform this contract. Party B shall submit copies of its valid business license, transportation business license and other documents required by Party A to prove Party B's business ability for Party A's record.
2. Party B shall report the vehicle license plate and driver's relevant certificates that may be used to provide services to Party A for the record.
3. Party B shall guarantee the authenticity of the above documents and materials provided, and notify Party A in time if there are any changes.
(II) Both parties guarantee that
(Party A)
1. The goods consigned by Party A must be articles allowed to circulate by national laws, and Party A promises to act in accordance with the provisions of national laws.
2. Every time the goods are transported, Party A shall provide Party B with the name and quantity of the goods and the detailed name and address of the consignee.
3. If Party A has special requirements for transporting goods, it shall notify Party B in advance.
4. If Party A violates the above guarantee, Party B has the right to refuse transportation until Party A meets the above guarantee.
(Party B)
1. Party B shall provide qualified transport vehicles and drivers in time according to Party A's freight invitation. During the control period, Party B shall be responsible for the damage caused by the integrity of the system and equipment.
2. In the process of providing goods to Party A, Party B shall not assemble any other goods that may cause defilement or danger to Party A's goods. ..
3. If the vehicle provided by Party B does not meet the requirements of Party A, Party A may refuse to load it. If Party B fails to provide qualified vehicles within 6 hours (long-distance transportation) or 2 hours (local transportation) after receiving Party A's transportation notice, Party A has the right to entrust other carriers for transportation, and Party B shall compensate Party A for possible losses. ..
4. Party B shall not unreasonably refuse Party A's goods, otherwise Party A may immediately terminate the contract and demand Party B to compensate the losses caused thereby.
5. Party B shall operate carefully according to Party A's special requirements for cargo transportation.
6. Party B shall take delivery of the goods in time and sign the delivery receipt. If Party B finds that the goods are in short supply, damaged or wet, etc. When picking up the goods from a third party, it shall immediately notify Party A and handle it after receiving the prompt from Party A. At the same time, if necessary, Party B shall require the third party to issue a certificate and lodge a claim with the third party. If Party B fulfills the above obligations, Party B shall compensate Party A for all the losses suffered as a result.
7. Party B shall be responsible for the safety and integrity of the goods during the whole process from receiving the goods from it or its designated agent to delivering the goods to the designated consignee, and shall be responsible for any damage or loss of the goods during this period.
8. Party B shall reasonably arrange drivers for each transportation service, and regularly provide technical and quality training for drivers to ensure the successful completion of Party A's transportation tasks.
9. If an accident happens to Party B's vehicle while transporting Party A's goods, Party B shall be responsible for the vehicle losses and casualties. If it causes property losses and casualties to a third party, Party B shall compensate it, and hereby agrees that the protective box will not make Party A bear any responsibilities. If Party A and its goods suffer losses, Party B shall compensate them according to the actual losses.
10. Party B must deliver the goods to the place designated by Party A safely, completely and undamaged within the time specified by Party A, deliver them to the designated consignee, and handle the handover procedures. If there is any mistake in the goods, Party B shall ask the consignee to make comments. If the consignee requests to postpone or fail to deliver the goods in time for other reasonable reasons, Party B shall immediately notify Party A by telephone or fax, and indicate the reasons on the receipt after the delivery of the goods, and indicate the time when the consignee got in touch and the specific contact person. If the transportation is delayed or wrong due to Party B's reasons, Party B shall compensate Party A for all losses caused thereby.
1 1. If the customer refuses the goods for reasons other than Party B, Party B shall immediately contact the personnel designated by Party A to transport the rejected goods back or forward them to other designated consignees according to their designation. If the customer refuses to accept the goods due to Party B's reasons, Party B shall compensate Party A for all losses caused thereby.
12. If the goods are fined, confiscated or otherwise punished by the state due to Party B's reasons, Party B shall compensate Party A for the economic and reputational losses suffered as a result.
13. Before Party B delivers the goods to the consignee, Party A may require Party B to stop transportation, return goods, change the destination or deliver the goods to other consignees, but Party A shall compensate Party B for the reasonable expenses incurred.
14. Party B hereby agrees and fully acknowledges all the legal rights of Party A and its clients to the goods under this contract, and irrevocably waives the lien on any goods under this contract. As a service provider under this contract, Party B has no and will not have any rights to any goods.
(3) Insurance
1. Party B shall ensure that the transportation vehicles it provides are insured against all risks of vehicle loss and third party liability in accordance with relevant laws and regulations, and renew the insurance within the validity period of the contract.
2. Party A shall include Party B in the cargo insurance coverage. If the goods are lost or stolen, inform Party A at the first time, and Party A will arrange professional personnel to handle it, and Party B will be responsible for the difference; If Party B fails to notify Party A in time to deal with the loss or theft of the goods, all the claims arising therefrom shall be borne by Party B. ..
(4) Responsibility for confidentiality
1. During the validity period of this agreement and five years after its termination, Party B has the responsibility to keep confidential all kinds of business information of Party A and its customers (including but not limited to the price of goods, inventory, freight standard, freight arrival place, long-term consignee, freight mode, etc.). ) I learned from the cooperation. Without Party A's consent, it shall not be disclosed, otherwise Party A has the right to unilaterally terminate this agreement and claim all losses from Party B. ..
2. Party B shall not disclose any confidential information to the public or an unrelated third party, unless it is necessary to disclose confidential information to employees or their contractors in order to fulfill its obligations under this agreement or in accordance with the requirements of laws and regulations or with the written consent of Party A. Party B shall bind its employees or carriers to fulfill their confidentiality obligations under this agreement in accordance with the confidentiality agreement, and any behavior of employees or carriers of Party B who violate the confidentiality obligations will be regarded as Party B's breach of contract and bear legal responsibilities.
3. If Party B and any employee of its contractor violate the confidentiality obligations under this agreement, Party B shall bear the liability for breach of contract and compensate Party A for any losses, expenses, responsibilities, claims and other adverse effects suffered as a result.
(5) Force majeure
1. If Party B cannot or may delay the performance of its obligations due to force majeure, Party B shall notify Party A within 24 hours after it knows or should know the situation.
2. If the above situation lasts for more than three days, Party A has the right to entrust others to handle the business.
(6) Fees and settlement
1. Any additional services provided by Party B during transportation shall be settled separately with the consent of Party A. Party B hereby agrees that any additional services provided under this contract must be approved by Party A in advance, otherwise Party A may refuse compensation without reason.
2. The freight shall be settled once a month through negotiation between Party A and Party B. The reconciliation date is 1-5 and the payment date is 6- 10.
(7) Others
1. If some clauses of this contract are invalid under any circumstances, the remaining clauses will remain valid and unaffected.
2. This contract is valid for one year, from the effective date of the contract to the effective date of the contract. If both parties have no objection to the expiration of this contract, it will be automatically extended for one year.
3. This contract is made in duplicate, with Party B and Party A holding one respectively. ..
4. This contract shall come into effect after being signed by the authorized responsible persons of Party A and Party B and stamped with the official seal or special seal for the contract.
Party A (official seal): _ _ _ _ Party B (official seal): _ _ _ _ _
Legal representative (signature): _ _ _ _ _ Legal representative (signature): _ _ _ _ _
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Logistics Company Agreement II Party A:
Party B:
According to relevant national laws and regulations, Party A and Party B voluntarily sign this contract through equal consultation on the principle of fairness, justice and openness, and jointly abide by the terms listed in this contract.
Article 1: The term of this agreement is a short-term agreement. The agreement is valid from 20x65438+1 October1to 20x65438+February 3 1. Either party shall not propose to terminate the agreement without authorization, otherwise it will be regarded as a breach of contract and bear the corresponding liability for breach of contract.
Article 2: Party B agrees to work as a truck driver for cargo transportation according to Party A's work needs, and at the same time pay Party A's safety deposit of 3,000 yuan at one time when taking up the post. Party B shall strictly abide by this agreement and the requirements of Party A's work system and post responsibility system, and obey Party A's unified scheduling arrangement. ..
Article 3: Party A is responsible for educating and training Party B in political ideology, professional ethics, law-abiding, professional technology, labor safety and relevant rules and regulations.
Article 4: Party B shall consciously abide by the labor discipline of the enterprise and Party A's rules and regulations (including oral regulations). If Party B violates labor discipline or rules and regulations (including oral regulations), Party A can handle it according to its own rules and regulations, and Party B shall bear the economic losses caused by Party A during this period until the Agreement is dissolved.
Article 5: Party A shall implement flexible working hours for Party B, and Party B shall always keep smooth communication. On the premise of ensuring traffic safety, completing Party A's transportation tasks and making proper arrangements, Party B shall report to Party A for approval in advance before taking a rest and vacation.
Article 6: After Party B completes the specified tasks, Party A shall pay Party B the salary on a monthly basis according to the salary payment standard negotiated by both parties. The specific payment standards are as follows:
1. The guaranteed salary is 5000 yuan/month.
2. Telephone subsidy 100 yuan/month.
3. Full-time salary 200 yuan/month.
The above salary will be paid at the end of next month.
Article 7: In case of any of the following circumstances of Party B, Party A may dissolve this Agreement at any time, and deduct Party B's salary of 200- 1000 Yuan until all:
1. During the employment period, it is proved that it does not meet the employment conditions or disobeys the management and scheduling of Party A;
2. Serious violation of labor discipline or Party A's rules and regulations;
3. Serious dereliction of duty, graft, causing great damage to the interests of Party A;
4. The motor vehicle driver's license is revoked by the relevant department due to its own responsibility;
5. Being investigated for criminal responsibility according to law;
6. Concealing, underreporting, failing to report the quantity of goods and unloading oil without permission, failing to fill in the vehicle records on time and according to regulations, and failing to follow the route designated by the company;
7. Don't bring driving school students during work, and don't give the car to others;
8. If the goods are damaged or short due to Party B's responsibility, the responsible person shall bear the economic loss responsibility of 60% of the current loss (full compensation for the short part). All business documents handled by Party B must be submitted to Party A on time for accurate accounting.
Article 8: Without Party A's permission, Party B shall not have the following items. In case of violation, Party B shall bear all responsibilities (including civil and criminal responsibilities) and economic losses of Party A during this period.
1. It is not allowed to take driving school students or give the car to others to drive;
2. Don't drive privately, don't drive fatigue after drinking, and don't violate traffic lights, illegal operations and other relevant national laws and regulations.
3. Party B must adhere to the principle of seeking truth from facts in all transportation business activities, and it is strictly forbidden to underreport, conceal or omit the quantity of goods. Otherwise, once found and verified, the parties will be fined the same amount.
4. As the main driver, Party B must firmly establish the idea of safety first. In the event of a safety accident, in principle, according to the division of responsibilities determined by the traffic police department, if Party B bears the main responsibility, it will bear 70% of the current losses;
5. At the end of the year, if there is no safety accident in Party B throughout the year, Party A will give Party B a one-time reward of RMB 2,000 and return its safety deposit in full.
Article 9: If either party violates the provisions of this agreement, that is, the breach of contract causes losses or damages to the other party, it shall be liable for compensation according to the relevant provisions of the state, and the amount of compensation shall be RMB 5,000.
Article 10: Traffic violations caused by Party B during the work period shall be borne by Party B..
Article 11: If there are any matters not covered in this contract, Party A and Party B shall settle them through friendly negotiation. If negotiation fails, it shall be settled according to law. This contract is made in duplicate, one for each party, with the same legal effect. This contract shall come into effect after being signed and sealed by both parties, and shall automatically become invalid at the expiration of the contract.
Party A: (signature and seal)
Party B: (handprint signature)
Date of signing:
Agreement III of Logistics Company Party A:
Party B:
Based on the principle of equality and mutual benefit, the two parties reached the following agreement on the company's business through friendly consultation for both parties to abide by:
1. The purpose of the partnership: * * share capital, operate in partnership, * * * enjoy the benefits, and * * * take risks.
Two. Partnership project and scope: Party A and Party B set up a company, mainly engaged in contracting express delivery services and other logistics services of various logistics company outlets.
3. Term of partnership: the date when the company declares bankruptcy.
Four. Amount, mode and proportion of capital contribution.
1. Party A makes capital contribution in cash, with the capital contribution of RMB (in words) ten thousand yuan, accounting for 5 1% of the company's shares. Party B's contribution in cash is RMB ten thousand Yuan (in words: RMB ten thousand Yuan only), accounting for 49% of the company's shares.
2. The company invested10,000.00 yuan to obtain the operation right of Dayun Yuntong Binjiang Branch, in which Party A invested10,000.00 yuan and Party B invested10,000.00 yuan; The company invested RMB 10,000 yuan to obtain the right to operate ZTO Express Binjiang Branch, of which RMB 10,000 yuan was invested by Party A and RMB 10,000 yuan by Party B.
Verb (abbreviation of verb) profit distribution and debt commitment, as well as company assets and expenses commitment.
1. The profit distribution method is as follows:
The net profit of the first operation of the company shall be distributed in half after the total amount is checked and confirmed by both parties.
2. The company's profits are not limited to the profits of the above two outlets. The company's profit distribution time is:
3. Debt commitment: the company's debts include daily losses, which are repaid with the company's property first, and then borne by shareholders in proportion. If it is not enough to pay off, the company will be declared bankrupt.
4. The above accounts shall be sorted out by the company's financial personnel, and signed on the day of each month after being checked correctly. Both sides can object to the details.
5. Assets and expenses of the company:
The company's main assets are as follows: the management right of Dayun Express Binjiang Branch (year-month-day), the management right of ZTO Express Binjiang Branch (year-month-day-month-day), a brand truck (frame number), a brand computer desk and a desk.
The following expenses of the company are included in the operating costs, and all other expenses are borne by both parties:
The Entry, Exit and Transfer of Intransitive Verb Shares
1. Join: If it is necessary to introduce new shareholders, it must be agreed by both parties.
2. Quit:
① One party shall notify the other party in writing (not limited to electronic means) 30 days in advance and obtain the consent.
(2) When exiting, the property status of the company at the time of exiting shall be settled in cash and movable property.
(3) When the company's operation is unfavorable, it shall not quit without the consent of the other party.
(4) If the withdrawal without the consent of the other party causes adverse effects, it shall compensate the economic losses.
4. Share transfer:
① One party shall notify the other party in writing (not limited to electronic means) 30 days in advance and obtain the consent.
(2) Other shareholders have the priority to be assigned.
(3) The successfully introduced third-party transfer shall still follow this Agreement, otherwise it shall be handled as self-withdrawal.
Seven. break a contract
1. Without the consent of the other party, neither party shall conduct business activities in the name of the company without authorization. If its business gains benefits, it shall be owned by the company, and the losses caused shall be compensated according to the actual losses.
Unless otherwise agreed, neither party shall engage in business that competes with the company.
Eight. Settlement of disputes
1. In case of any dispute between the two parties, it shall be settled amicably through negotiation on the principle of benefiting the long-term development of the company. If negotiation fails, a lawsuit may be brought to the people's court where the company is located.
2. Matters not covered in this contract shall be supplemented or modified by both parties through consultation. The supplementary and revised contents have the same effect as this contract.
There is no text below.
Party A (signature and seal):
Party B (signature and seal):
Date:
Agreement 4 on Transferor of Logistics Company: (Company) (hereinafter referred to as Party A)
Transferee: (Company) (hereinafter referred to as Party B)
The Joint Venture Company (hereinafter referred to as the Joint Venture Company) was established in Shenzhen on, with a registered capital of RMB 10,000.00 Yuan, and Party A holds% of the shares. Party A is willing to transfer its% equity in the joint venture company to Party B, and Party B is willing to accept it. According to the provisions of the Company Law of People's Republic of China (PRC) and the Contract Law of People's Republic of China (PRC), Party A and Party B have reached the following agreement on equity transfer through consultation:
1. equity transfer price and the payment term and method of the transfer money:
1. Party A holds% of the equity of the joint venture company. According to the original contract of the joint venture company, Party A shall contribute RMB million, with the actual contribution of RMB million. Now Party A transfers its% equity in the joint venture company to Party B at RMB 10,000.
2. Within days from the effective date of this Agreement, Party B shall pay the equity transfer money to Party A in installments (or at one time) in the currency and amount specified in the preceding paragraph.
2. Party A guarantees that it has the complete right to dispose of the equity it intends to transfer to Party B.
Ensure that the equity is not pledged, the equity is not sealed up, and there is no third party recourse, otherwise Party A will bear all economic and legal responsibilities arising therefrom.
Three. Sharing of profits and losses (including creditor's rights and debts) of the joint venture company:
1. After this agreement comes into effect, Party B shall share the profits of the joint venture company and the corresponding risks and losses in proportion to the transferred equity.
2. If Party B becomes a shareholder of the joint venture company and suffers losses due to Party A's failure to truthfully inform Party B of the debts owed by the joint venture company before the equity transfer when signing this agreement, Party B has the right to recover from Party A. ..
Four. Liability for breach of contract:
1. Once this agreement comes into effect, both parties must consciously perform it. If either party fails to fully perform its obligations in accordance with the provisions of this agreement, it shall bear the responsibilities in accordance with the law and the provisions of this agreement.
2. If Party B fails to pay the equity transfer payment on schedule, it shall pay 0. 10% of the overdue transfer payment to Party A as penalty for each day overdue. If losses are caused to Party A due to Party B's breach of contract, and the liquidated damages paid by Party B are lower than the actual losses, Party B must pay extra compensation.
3. If Party B fails to go through the change registration as scheduled due to Party A's reasons, or seriously affects Party B's purpose of concluding this Agreement, Party A shall pay Party B a penalty of 0. 10% of the transfer fee paid by Party B. If Party A's breach of contract causes losses to Party B, and the penalty paid by Party A is lower than the actual loss, Party A must make additional compensation.
Verb (abbreviation for verb) Change or dissolution of agreement:
Party A and Party B may modify or terminate this Agreement through consultation. If this Agreement is modified or dissolved through negotiation, both parties shall sign another modification or dissolution agreement, which shall be notarized by Shenzhen Notary Office (if the joint venture is a foreign-invested enterprise, it shall be reported to the examination and approval authority for approval).
Burden of related expenses of intransitive verbs:
Related expenses (such as notarization, evaluation or audit, industrial and commercial change registration, etc.). The expenses incurred in the process of this equity transfer shall be borne by.
Seven. Dispute resolution method:
Any dispute arising from or related to this contract shall be settled by both parties through friendly negotiation. If negotiation fails, it shall be settled in the following ways (select one and only one item, and tick "√" in the current box of the selected item): □ Apply to Shenzhen Arbitration Commission for arbitration; □ Apply to China International Economic and Trade Arbitration Commission Shenzhen Branch for arbitration; —— Bring a lawsuit to a people's court with jurisdiction.
Eight. Conditions for entry into force:
This agreement shall come into effect after being signed and sealed by both parties and notarized by Shenzhen Notary Office (if the joint venture is a foreign-invested enterprise, it shall be reported to the examination and approval authority for approval). After this agreement comes into effect, both parties shall go through the formalities of change registration with the administrative department for industry and commerce according to law.
Nine. This agreement is made in duplicate, one for each party, one for the joint venture company and Shenzhen Notary Office, and the rest for the relevant departments.
Transferor:
Assignee:
Date of signing:
Logistics Company Agreement 5 Party A:
Party B:
According to the requirements of the Economic Contract Law and the Regulations on the Administration of Provincial Maritime Transportation, ×××××× (hereinafter referred to as Party A) intends to consign the goods to the Maritime Bureau of the Provincial Communications Department (hereinafter referred to as Party B), and Party B agrees to carry the goods, and hereby signs this contract for mutual compliance and mutual restraint. Through consultation between both parties, the specific terms are as follows:
First, the transportation method:
Party B shall dispatch a tonnage ship (cargo lifting equipment) from Hong Kong to Hong Kong at the request of Party A, and handle it according to the current charter transportation regulations.
Second, the concentration of goods:
Party A shall concentrate the goods in Hong Kong within days according to the time specified by Party B, and after the goods are collected, Party B shall send a ship for shipment within five days.
Three. Time of shipment:
After contacting the port of arrival and agreeing to arrange unloading, Party A will prepare to pick up the goods after confirmation by Party B (the opening date will be specified by Party B). Loading time: the goods should be loaded within hours after the ship arrives in Hong Kong and stops at the dock.
Iv. delivery date:
The ship will deliver the goods to the port of destination within hours after loading and completing the formalities. Otherwise, the delay fee shall be borne in accordance with Article 3 of the Cargo Rules.
Verb (abbreviation for verb) Navigation contact:
After the ship is loaded and set sail, Party B shall send a telegram to inform Party A to prepare for unloading, and if pilotage is needed, Party A shall also be informed to send a pilot on time. The expenses shall be borne by Party A. ..
Six, unloading time:
Party A guarantees that Party B's ship reaches the port anchorage. Unload within a few hours after anchoring. Otherwise, Party A shall pay Party B a penalty of 0.075 yuan per ton. In the process of loading and unloading, if the loading and unloading operation time is affected by the weather, it can be deducted according to the actual influence time after the ship visa of Party A and Party B.
Seven, transportation quality:
When Party B loads the ship, Party A shall send personnel to supervise the loading, guide the workers to operate according to the regulations, and seal the cabin after loading, and Party A may send personnel to escort (free of charge) the ship. Party B shall guarantee the shipment by the original ship, and Party A shall be responsible for the quantity and quality of the delivered goods, except for the losses caused by the safety condition of the ship.
Eight, transportation costs:
According to the first-class freight rate of water saving, the freight is RMB yuan according to the ship's deadweight tonnage, the empty sailing fee is RMB yuan according to 50% of the freight, and the whole ship freight is RMB yuan, which is charged at one time.
Port handling fees are charged according to the relevant rates in the Provincial Port Charging Rules. The expenses such as unloading the ship shall be handled by Party A directly at the port of arrival.
Nine, fee settlement:
After both parties sign this contract, Party A shall pay the transportation fee to Party B in advance. After unloading the ship, Party B shall settle the account with Party A on the basis of the transportation fee voucher, and refund more and make up less.
X. Supplementary provisions:
Party A and Party B each hold one original and one copy. And registered with the Administration for Industry and Commerce. If there are any outstanding matters, they can be handled through consultation according to the provisions of the Provincial Communications Department on maritime transportation management and the relevant provisions of the Economic Contract Law.
Party A: (Seal)
Party B: (Seal)
Date of signing:
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