The Freight Forwarder Agency Agreement is essential for businesses operating in Australia that require professional logistics services for their import, export, or domestic freight operations. This document is typically used when a company needs to formally engage a freight forwarder to act as their agent in managing transportation, customs clearance, and related logistics services. The agreement ensures compliance with Australian regulations while protecting both parties' interests through clear definition of roles, responsibilities, and liabilities. It addresses key aspects such as service levels, payment terms, insurance requirements, and operational procedures, incorporating specific provisions required under Australian law. The document is particularly important for businesses engaged in international trade, as it helps establish clear protocols for managing cross-border shipments and ensuring regulatory compliance.
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1. Parties: Identification of the Principal (the company engaging the freight forwarder) and the Agent (the freight forwarding company)
2. Background: Context of the agreement, including the Principal's business needs and Agent's qualifications
3. Definitions: Definitions of key terms used throughout the agreement
4. Appointment and Scope: Terms of the Agent's appointment and detailed scope of services to be provided
5. Term and Renewal: Duration of the agreement and conditions for renewal
6. Agent's Obligations: Detailed responsibilities of the freight forwarder, including service standards and compliance requirements
7. Principal's Obligations: Responsibilities of the Principal, including information provision and cooperation
8. Fees and Payment: Payment terms, fee structure, and invoicing procedures
9. Performance Standards: Required service levels and performance metrics
10. Compliance: Regulatory compliance requirements and responsibilities
11. Insurance and Liability: Insurance requirements and allocation of liability between parties
12. Confidentiality: Protection of confidential information and trade secrets
13. Termination: Grounds for termination and termination procedures
14. Force Majeure: Provisions for unforeseen circumstances affecting performance
15. Dispute Resolution: Procedures for resolving disputes between parties
16. General Provisions: Standard boilerplate clauses including notices, governing law, and entire agreement
1. Customs Clearance Services: Detailed section on customs clearance responsibilities when the agent provides customs broker services
2. Warehousing Services: Additional terms for warehousing services if the agent provides storage facilities
3. Dangerous Goods Handling: Special provisions for handling dangerous or hazardous materials
4. Information Technology: Terms regarding the use of tracking systems, EDI, or other technology platforms
5. Environmental Compliance: Special provisions for environmental protection and sustainability requirements
6. Security Requirements: Additional security measures for high-value or sensitive cargo
7. Training and Support: Provisions for training and support services if required
8. Non-Compete: Restrictions on the agent's ability to work with competitors, if applicable
1. Schedule 1 - Service Level Agreement: Detailed performance metrics, KPIs, and service standards
2. Schedule 2 - Fee Schedule: Comprehensive breakdown of all fees, charges, and payment terms
3. Schedule 3 - Operating Procedures: Detailed operational procedures and requirements
4. Schedule 4 - Insurance Requirements: Specific insurance types and coverage levels required
5. Schedule 5 - Territories: Geographic areas covered by the agreement
6. Schedule 6 - Approved Subcontractors: List of pre-approved subcontractors if applicable
7. Appendix A - Required Documentation: Templates and examples of required shipping documentation
8. Appendix B - Compliance Checklist: Regulatory compliance requirements and verification procedures
9. Appendix C - Emergency Procedures: Procedures for handling emergencies and contingencies
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