Proship's sample contract

 

 PROSHIP JOINT STOCK COMPANY

ProShip.vn express delivery service

Customer ID:

 SOCIALIST REPUBLIC OF VIETNAM

Independence – Freedom – Happiness

***********

Ho Chi Minh, Date month year 2019.


TRANSPORTATION SERVICE CONTRACT

                                                                                                         Number: ……../HDDV/PROSHIP_

  • Pursuant to the 2005 Vietnam Commercial Law
  • The Postal Law takes effect from January 1, 2011
  • Based on customer requirements and Vietnam

We include:                                                                                                                          

A side:  
  Representative:  
  Position:  
  Address:
  Phone number:
MST/: Email:
Account number : Bank :
 

B side:

  

PROSHIP JOINT STOCK COMPANY
Representative: Mr. Nguyen Duy Toan
Position: General manager
Address: 602/45D Dien Bien Phu, Ward 22, Binh Thanh District, City. HCM
Phone number: 0909344247
Tax code: 0313214289 Email: info@proship.vn
Account number: 0071000982081 Bank: Vietcombank Ho Chi Minh Branch
Contract executor:

 

Both parties agree to sign a contract with the following terms:

 

Article 1: CONTENT OF WORK:

Party B agrees to provide transportation and delivery services according to the list below for Party A:

Types of services provided to Party A include:

+ Cash on delivery service within and outside the city.

+ Domestic and international express delivery service.

+ Cheap and fast parcel transportation service.

+ Express transport service by plane.

+ Gift delivery service.

+ Warehouse rental and goods consignment services.

+ Full-trip car rental service within and outside the city.

 Article 2. Service prices:

  • The prices for the services that Party B provides to Party A are agreed upon according to the Price List of this Contract.
  • Rates may change from time to time. When changing rates, Party B will notify Party A 7 days in advance via email or text (if any).

Article 3. Payment terms:

  • Payment method: By cash or bank transfer.
  • Deadline for quote and payment:

3.2.1. Party B transfers to Party A the collected amount (if any) 3 days a week on Monday, Wednesday and Friday every week.

3.2.2. Party A pays Party B the service fee used:

+ If the amount collected is greater than the fee, the fee amount paid by Party A to Party B will be deducted from the amount collected.

+ If the amount collected is less than the freight, the freight amount Party A pays to Party B will be the remaining amount owed after deduction.

+ If Party A does not use the collection service, the fee amount paid by Party A to Party B will be in cash or bank transfer.

3.2.3. Party A will pay Party B 10 days after Party A receives the invoice and service fee list via Email. Before the payment date, Party B will send an email to check the debt that Party A has used the service. service, including the service fee that Party A has paid to Party B and the outstanding service fee of the preceding month.

3.2.4. From the end of the month of the adjacent month, if Party A has not yet paid the outstanding debt of the previous month, Party A will only be provided with postal services by Party B when the service fee has been fully paid.

3.2.5. Discount according to the Discount Appendix table will be paid to Party A on the 15th of the following month.

  1. 2.6. Handling arising problems: The checking and payment of debts of the immediately preceding period are committed by the parties to be completed in the arising period. In case the parties cannot complete the Service Reconciliation within the deadline, the Parties must agree in writing on a solution.

Article 4. Compensation terms:

  • Compensation cases:
  • If Party A's parcel is damaged due to Party B's fault, Party B will compensate Party A according to the damage ratio of the parcel.
  • If a COD postal item is lost, Party B will compensate according to the collection value of the postal item but not exceeding 3,000,000 VND/postal item.
  • If Party A does not use insurance services, Party B will compensate up to 04 times the related shipping fee if the postal item is damaged or lost due to Party B's fault but not exceeding 3,000,000 VND/postal item. .
    • Exemption from compensation liability:
  • Force majeure cases due to natural disasters, enemy sabotage, fire...
  • Indirect damages caused as a result of loss, damage or deterioration of postal items.
  • Postal items are prohibited from being sent.
  • No liability for fragile items such as (glass, liquid, etc.)
  • Goods confiscated by competent state agencies or sent abroad are confiscated according to the regulations of the receiving country.
  • Complaints are made more than 2 months from the date of sending for domestic items and 3 months for international items
  • The postage was mistakenly delivered due to Party A's fault.
  • The postal service does not have documents confirming acceptance of postal items.
  • Service users do not have documents proving their use of the service
  1. Principle of compensation for damages:
  • Compensation for direct damages is made on the basis of the contract for supply and use of postal services. There will be no compensation for indirect damages outside the contract or for unearned profits due to the provision of postal services that do not ensure the quality agreed upon by both parties.
  • Postal items that are lost, damaged or completely exchanged will be compensated according to regulations for each type of service. The level of compensation prescribed by the enterprise must not be lower than the limit of liability for each type of service.
    1. Limit of liability for damages.

The minimum limit of liability for damages is prescribed as follows:

  • For domestic postal services: 04 times the fee (including refund of used service fee) of the service used;
  • For international postal services transported by air: Compensated according to the provisions of international postal law.

4.4.1 . Making compensation:

  • Party A sends a confirmation of compensation that both parties are obligated to make within 7 days at the latest.
  • Party A confirms Party B's compensation data and signs confirmation on Party B's relevant documents.

Article 5. Rights and obligations of Party B:

 

  • Have the right to unilaterally terminate the contract if Party A violates one of the obligations specified in Article 3.
  • Responsible for promptly notifying Party A of information related to changes in postal service rates.
  • Ensure information confidentiality and safety for Party A's postal items.
  • Have the right to refuse to provide postal delivery services when Party A shows signs of violating the regulations of the State management agency and Party B on the use of postal delivery services.
  • In case the parcel cannot be delivered, Party B will return it to the sender's address on Party A's parcel.

 

Article 6. Rights and obligations of Party A:

 

  • Party A packs or asks Party B to pack and seal the parcel before delivering it to Party B. The packing and sealing must ensure that it does not cause damage to other goods of Party B's customers. .
  • Party A is fully responsible for the content of the quantity of goods sent to Party B; At the same time, we are responsible in case the postal parcel delivered to the recipient lacks content due to Party A's fault.
  • Have the right to ensure confidentiality and safety of goods according to the provisions of law.
  • Responsible for complying with Party B's service regulations
  • Make payments to the Party according to the provisions of Article 3.
  • Party A must pay Party B all service fees, overdue interest and all costs incurred related to debt recovery caused by Party A's fault.
  • Provide complete information about the contents of the postal item such as name of goods, delivery service, clear and complete recipient name and address; Responsible for providing necessary documents related to documents and goods (VAT invoices, delivery notes, related documents proving the origin and value of the shipment).

Article 7. Information security

  • Each Party shall take necessary measures and actions to secure Confidential Information.
  • The Parties to this Contract and their employees are not authorized to use or disclose Confidential Information for any other purpose except to perform this Contract.
  • Each Party warrants that any third party receiving Confidential Information shall not disclose the Confidential Information to any person and shall only process the Confidential Information in accordance with the regulations and for the purposes of performance of this Contract, unless disclosure is required by law or a Competent Authority.
  • In the event that either Party is required to disclose Confidential Information to the Competent Authorities as prescribed by law, the Requested Party must send prior written notice to the other Party of such request, unless otherwise required by the Competent Authority.
  • Expiration or termination of this Agreement will not terminate the Parties' obligations to keep Confidential Information confidential.

Article 8. Other terms:

  • Both parties commit to strictly and fully comply with the terms stated in the contract. The arising requirements will be agreed upon in writing by the two Parties in the form of a contract appendix and are considered an integral part of the contract.

8.2 Either party wishing to terminate the contract ahead of time must notify the other party in writing at least 15 days and pay all arising debts (if any).

8.3 If a dispute arises, both parties will resolve it by negotiation on the basis of agreement. In case no agreement can be reached, it will be referred to the Ho Chi Minh City Court for judgment according to the provisions of law.

8.4 The contract has a term of 1 (one) year calculated from the date of signing to the date month year

  • This contract is made into 02 (two) copies with equal legal value, Party A keeps 01 copy, Party B keeps 01 copy and is effective from signing the contract until either party has written Contract liquidation request.

Article 9. Contact information.

 

REPRESENTED BY A

(Signed and sealed)

 

 

 

 

 

 

 

                  REPRESENTATIVE OF PARTY B

              (Signed and sealed)

                   General manager

 

 

 

  

 

                NGUYEN DUY TOAN