|
THIS AGENCY AGREEMENT made and entered this “mm/dd/yy” by and between (hereinafter called the "PRINCIPAL") and NIPPON SHIO KAISO CO.,LTD. Tokyo,Japan (hereinafter called the "AGENT").Whereas it is agreed as follows;- |
|
|
The PRINCIPAL appoint The AGENT as its general agent for all ports in Japan in connection with The PRINCIPAL's vessel(which hereinafter includes any vessels owned,chartered or managed by The PRINCIPAL and collectively called the "VESSEL") and The AGENT agrees to act as such upon the terms and conditions hereinafter set forth. |
|
|
The Agent shall act as vessel's husbanding agent for The PRINCIPAL's vessels in the above area,and shall perform the services normally incident thereto, including arranging for fuel, water, provisions, emergency
repairs, port charges and other similar matters, and arranging for stovedoring and other cargo handlings; and
shall issue bills of loading to shippers, shall agent delivery of cargo to consigness as agent for The PRINCIPAL
as required; and shall use their best efforts in soliciting and securing cargo for The PRINCIPAL's vessels. |
|
|
The AGENT shall as vessel's husbanding agent for The PRINCIPAL's vessels in the above mentioned
area, be resposibles and liable for any loss or damage incurred by The PRINCIPAL by any act,
default,mistake, error and/or negligence done or committed by AGENT. |
|
|
The PRINCIPAL shall defend The AGENT against any claims or suits arising against the latter in
carring out the terms of this Appointment Agreement or any specific instructions of The PRINCIPAL and
shall reimburse The AGENT for all cost of defending itself against such claims, suits, etc. |
|
|
The remuneration of "The AGENTS" from The PRINCIPAL shall be covered of by a Rider to this
agency Agreement to be called "AGENCY REMUNERATION". |
|
|
The PRINCIPAL shall provide The AGENT with sufficient fund to cover all disbursements for account of
the vessel, including stevedoring and any all expenses incurred in connection with work on board and supplies
and repairs furnished to The PRINCIPAL's vessels., as well as custom house charged,pilotage, harbour dues on
The PRINCIPAL's vessels and other port charges expended, and also advance to Master, telegram, telephone
charges. advertising and airmail charges used in behalf of The PRINCIPAL, shall be borns by The PRINCIPAL. |
|
|
The AGENT shall be resposible for collection of all freight,hires,demurrages,and other earnings due to
The PRINCIPAL,and shall immediately pay the same to The PRINCIPAL as designated. |
|
|
The AGENT are to investigate all damages to cargo,vessel and personnel as required by The
PRINCIPAL and to make,adjust,apportion or settls any salvage,damage average or other claims in favour of
or against any such vessels or to refer the same to arbitration. |
|
|
In the event of an average accident(either Particular or General)The AGENTS will perform the
necessary services. In the event such servicee extend beyond the ordinary husbanding services,The AGENTS
and The PRINCIPAL will confer with reference thereto and arrange an amicable fee for the extra services. |
|
|
A statement of account supported by vouchers in duplicate itemized each service for each vessel shall be
submitted by the AGENT to the PRINCIPAL promptly after the departure of each Vessel. |
|
|
Should any dispute whatsoever arise between The PRINCIPAL and The AGENT out of or in connection with
this Agency Agreement,the same shall be settled by mutual faithful negotiation, but, if not settled, shall be referred
to arbitration by the Nippon Shipping Exchange,inc. in Tokyo conducted in accordance with the Rules of the said
Exchange then prevailing and the award given by the arbitrators appointed thereunder shall be final and binding. |
|
|
This Agency Agreement shall be and remain effect from the date hereof subject to modification or
amendment at any time when both parties hereto mutually consent,and shall continue in force until
terminated by either party at six(6) months'notice in writing.
And, this Agency Agreement is effective without Notarial Certificate. |
|
|
IN WITNESS WHEREOF, the parties hereto have caused this Agency Agreement to be duly executed the day and year first above written. |
|
