The Carrier Agreement is a vital commercial contract used in Hong Kong's thriving logistics and transportation sector. It is specifically designed to establish and govern the relationship between carriers providing transportation services and their customers. This document is essential when engaging professional carriers for regular transportation services, whether for domestic or international shipments. The agreement incorporates key requirements under Hong Kong law, including compliance with the Carriage of Goods by Sea Ordinance, Maritime and Port Authority regulations, and other relevant transportation laws. It covers critical aspects such as service scope, liability limits, insurance requirements, payment terms, and operational procedures, providing a comprehensive framework for managing transportation services while protecting both parties' interests.
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1. Parties: Identification of the carrier and the customer, including full legal names and registered addresses
2. Background: Context of the agreement and brief description of the parties' business relationship
3. Definitions: Definitions of key terms used throughout the agreement, including technical shipping terms
4. Scope of Services: Detailed description of the carrier services to be provided, including types of cargo and geographical coverage
5. Service Standards: Required performance levels, delivery timeframes, and quality standards
6. Carrier Obligations: Specific responsibilities of the carrier including compliance with laws, maintenance of licenses, and insurance requirements
7. Customer Obligations: Customer responsibilities including cargo specifications, packaging requirements, and information provision
8. Rates and Payment: Pricing structure, payment terms, invoicing procedures, and rate adjustment mechanisms
9. Liability and Indemnification: Allocation of risks, limitation of liability, and indemnification provisions
10. Insurance: Required insurance coverage and minimum insurance limits
11. Term and Termination: Duration of agreement, renewal provisions, and termination rights
12. Force Majeure: Events excusing performance and procedures for handling force majeure situations
13. Confidentiality: Protection of confidential information and trade secrets
14. Dispute Resolution: Procedures for resolving disputes, including jurisdiction and governing law
15. General Provisions: Standard boilerplate clauses including notices, amendments, and assignment
1. Dangerous Goods: Special provisions for handling dangerous goods, use when carrier will transport hazardous materials
2. Temperature Controlled Cargo: Requirements for temperature-sensitive shipments, include for refrigerated or frozen cargo
3. Customs Clearance: Customs handling procedures, include for international shipments
4. Electronic Data Interchange: Provisions for electronic booking and tracking systems, include for digitalized operations
5. Subcontracting: Terms governing use of subcontractors, include if carrier may delegate services
6. Environmental Compliance: Special environmental requirements, include for green shipping initiatives
7. Volume Commitments: Minimum volume guarantees and related incentives, include for major customer relationships
8. Security Requirements: Special security procedures, include for high-value or sensitive cargo
1. Schedule 1 - Service Locations: List of approved pickup and delivery locations
2. Schedule 2 - Rate Card: Detailed pricing structure including base rates and surcharges
3. Schedule 3 - Service Level Requirements: Specific performance metrics and service standards
4. Schedule 4 - Operating Procedures: Detailed operational procedures and requirements
5. Schedule 5 - Insurance Requirements: Specific insurance types and coverage amounts
6. Schedule 6 - Equipment Specifications: Details of vehicles and equipment to be used
7. Appendix A - Contact Information: Key contact details for both parties
8. Appendix B - Documentation Requirements: Forms and documentation required for shipments
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