영문 운송계약서(TRANSPORTATION AGREEMENT)
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TRANSPORTATION AGREEMENT |
문서서식포탈비즈폼
This AGREEMENT (“Agreement”) is made on ___th day of _____, 200-- by and between Transporter Corp. [운송업자], a corporation organized and existing under the laws of [운소업자 설립준공법], with its principal office at [운소업자 주소] (“Carrier”) and Goods Inc., a corporation organized and existing under the laws of the Republic of Korea, with its principal office at , Korea (“GI”).
NOW, THEREFORE, in consideration of covenants and mutual premises herein the
parties agree as follows:
1. In accordance with GI’s instruction, Carrier shall call for Shipments of precious metal, currency, coins, bullion, securities, bonds, share certificates, and other items of unusual value (“Precious Property”) at such locations and times as may be mutually agreed upon by the parties, shall store, guard and shall transport and deliver the Shipment in same condition to a designated consignee at such time and place as is mutually agreed upon by the parties. A “Shipment” shall mean an Item or Items of Precious Property collected at any one place at any one time which is or are for consignment for delivery to a single consignee in accordance with GI’s instruction. An “Item” shall mean any pallet, container or receptacle of any kind used to hold the Precious Property to be transported or, where bars of bullion or precious metal are being transported un-packaged, as is common market practice, an “Item” shall mean a single bar.
2. GI shall pay Carrier for its services performed under this Agreement at rates agreed upon by the parties from time to time.
3. Carrier agrees to assume entire liability for any damage to or loss of (each, a “loss”) any Shipments, Shipment, or part thereof, up to the amount of USD TWO HUNDRED MILLION ($200,000,000). Carrier shall be liable for any loss and damage on Shipment once such Shipment or any part thereof comes under Carrier’s control and custody. A signed receipt of Carrier shall be deemed conclusive evidence of such custody of Shipment by Carrier. Carrier’s liability on the Shipment shall be terminated when the same has been delivered to and received by a designated consignee of GI. A signed receipt of GI or GI’s designated consignee shall be deemed conclusive evidence of Carrier’s proper delivery of Shipment.
4. The value of any loss relating to Shipments of currency shall be face value as declared by GI or GI’s shipper. Value of precious metal Shipments shall be determined by (i) the first London Market fixing price of such precious metal on the day following the day on which the loss was discovered and reported to GI by Carrier, or the day following the day on which the loss was discovered and reported by GI to Carrier multiplied by the applicable weight which is declared by GI at the time when GI assigns transportation of Shipment of Precious Property to Carrier and (ii) any premium value which, as a reasonable industry practice, would also be included in determining such value of precious metal.
5. GI agrees that, where Precious Property is packed into sealed package or container, Carrier shall not be liable for any loss or damage to the contents of any package or container to the extent such loss or damage was caused by the negligent packing of such package or container.
6. Carrier will notify GI immediately of any loss of or damage to, of which it has knowledge, the Shipment or part thereof during the period it is liable for such loss or damage.
7. GI agrees to notify Carrier in writing of any claim for loss and damage within twenty-four(24) hours after loss or damage is discovered.
8. Carrier shall not store, guard, transport or deliver any Shipments, Shipment or part thereof related to or arising from this Agreement, the aggregate value of which, including any other Shipments, Shipment or part thereof related to or arising from any other arrangement, would exceed the amount stated in paragraph 2 herein. However, Carrier will go to their insurers to place a proper insurance policy covering such amount in the event values exceed those in paragraph 2 above, and/or to provide cover for war risk confiscation in areas which is deemed necessary to cover this risk as requested by GI or Carrier.
9. Carrier shall obtain and maintain, at all times during the term of this Agreement, insurance payable to Carrier in such amount and against such risks as shall adequately cover the maximum liability of Carrier set forth in paragraph 2 hereof.
10. Carrier shall cause to be delivered to GI, within thirty (30) days of the execution of this Agreement or any renewal thereof, a certificate of insurance issued by an insurer acceptable to GI, evidencing the insurance required by this Agreement. Such certificate of insurance shall also provide that the insurer will not terminate or materially modify the insurance policy without thirty (30) days prior written notice to GI.
11. Carrier agrees that any Shipments undertaken for GI and any discussions or information concerning Shipment, proposed or actual, and any information relation to GI business which it may gain in performing services hereunder shall be considered confidential and will not be disclosed to any third party.
12. Carrier shall assume all liability, including, without limitations, liability arising out of any act or omissions of any employee, agent, or affiliate of Carrier or of any person or persons acting in the capacity of an employee, agent, or affiliate of Carrier for loss or damage, from any cause whatsoever, except as set forth in paragraph 14 and 15, to Precious Property of GI, up to the maximum liability assumed by Carrier in paragraph 2 hereof.
13. Carrier shall not be liable for non-performance or delays caused by strikes, lockouts, or other labor disturbances, riots, war, insurrection, authority of law, acts of God or the public enemy, or events beyond its control; but Carrier agrees to be liable for the safety of the Shipment in its possession at any time up to the amount stated in paragraph 2 hereof.
14. It is agreed that Carrier shall not be liable for non-performance, delays or loss caused by or resulting from: (a) hostile or warlike action in time of peace or war including action in hindering, combating or defending against actual, impending or expected attack, (1) by government or sovereign power (de jure or de facto), or by any authority maintaining or using military, naval, or air forces: or (2) by military or air forces; or (3) by an agent of any such government, power, authority or forces; (b) any weapon of war employing atomic fission or radio-active force whether in time of peace or war; (c) insurrection, rebellion, revolution, civil war, usurped power, or action taken by governmental authority in hindering, combating or defending against such a occurrence, or confiscation by order of any government or public authority; (d) nuclear reaction or nuclear radiation or radioactive contamination, all whether controlled or uncontrolled, and whether such loss be direct or indirect, proximate or remote, or be in whole or in part caused by, contributed to, or aggravated by the peril(s) against which Carrier assumes liability in this Agreement; however, subject to the foregoing and all provisions of this Agreement, direct loss by fire resulting from nuclear reaction or nuclear radiation or radio-active contamination is assumed by Carrier and Carrier agrees to be liable for the safety of the Shipment in its possession at any time up to the amount stated in paragraph 2 hereof.
15. Carrier shall not be held responsible for any consequential loss.
16. This Agreement shall be effective 200--, and shall remain in full force and effect for one (1) year from such date and shall be renewed automatically thereafter for one (1) year terms unless terminated by either party giving the other party written notice of such intention to terminate at least thirty (30) days prior to any anniversary date.
17. Carrier shall not use GI’s name as reference, in any promotional materials or in any advertising without first obtaining GI’s written permission.
18. This agreement may be modified or amended only in writing, signed by both parties hereto.
19. This Agreement shall be governed by and construed in accordance with laws of New York.
20. Various rate schedules and/or services shall attach to and/or make reference to this Agreement dated ,200--.
Transporter Corp Goods Inc.
By: By:
Name, Title Name, Title