Agency Frisch: Our terms and conditions

Subject of the General Terms and Conditions for Consulting Contracts

1.1. These terms and conditions govern the contractual relationship between Agentur Frisch International Consulting GmbH & Co. KG, Edisonstr. 18, 12459 Berlin (abbreviated to Agentur Frisch) and the contractual partner in Germany and Europe respectively(from now on referred to in these GTC’s as Client) who is advised by Agentur Frisch within the scope of foreign trade consulting. The legal representative for the Agentur Frisch International Consulting GmbH & Co. KG is the Agentur Frisch Administration GmbH, which is represented by the managing director Mr. David Frisch.

1.2. The customer expressly declares that he is a businessman and that he will be advised by the Agentur Frisch within the scope of his trade or his commercial activity.

1.2 The offers and services of the agency are made exclusively on the basis of these terms and conditions, unless otherwise expressly determined and fixed in writing.

1.3 These conditions shall be deemed to have been accepted by the contractual partner at the latest upon acceptance of the service. Deviating terms and conditions of the contractual partner do not apply.

1.4. In the case of complete processing of imports, the customer leaves the entire communication with suppliers, forwarders and goods inspectors and other service providers to the Agentur Frisch. Only then can a clean transaction be guaranteed. In the event of a violation, Agentur Frisch can charge an expense allowance of EUR 500 for each individual case.

2. Conclusion of the contract

2.1 When the order is placed, but no later than when the customer accepts the cost estimate and sends back the order for the order(s), a binding order is created with the agency. Is a commission or a flat rate been agreed, e.g. B. in the case of detailed coaching as a percentage of the order value, this commission also applies to follow-up orders from the same service provider or supplier, even without the involvement of the Agentur Frisch during the contract period.

2.2 If Agentur Frisch proposes other service providers and/or suppliers/manufacturers as part of the order (e.g. freight forwarders, translators, inspectors), these are unchecked contacts for whose services the Agentur Frisch is not liable. For the minimization of risks when using the corresponding service providers and suppliers, Agentur Frisch offers further services/consulting services, which are offered to the customer in a service specification for utilization.

2.3 The Agentur Frisch is not responsible for the delivery times and prices of proposed additional service providers or suppliers; this must be agreed with the relevant service provider and/or supplier. The Agentur Frisch can also take over the arrangements with the customer’s power of attorney.

3. Content of the contract for advice

3.1 The service provided by Agentur Frisch is advice on foreign trade.

3.2 If the Agentur Frisch suggests contractual partners/suppliers abroad, these are basically unchecked contacts. The customer can take further steps to minimize the risks together with the agency. The customer can request appropriate advice on this from Agentur Frisch and obtain further service providers from Agentur Frisch, e.g. for on-site inspections in the respective country of delivery can be suggested by Agentur Frisch. The customer authorizes Agentur Frisch to communicate and process payments with and towards the respective service providers and suppliers.

3.3 Agentur Frisch does not recommend current suppliers/manufacturers of a customer to other customers during the entire contract period.

3.4. The Agentur Frisch is a management consultancy. Agentur Frisch does not carry out any brokerage itself or mediate in the sense that it assumes liability for the contacts mediated. Agentur Frisch offers various consulting services or can suggest other service providers whose services are aimed at greatly minimizing the client’s risks in foreign trade.

3.5. By placing an order, the customer accepts the terms and conditions of Agentur Frisch unless these are clearly excluded when the contract is concluded. If the customer decides in the course of the consultation for a service provider or supplier suggested by Agentur Frisch, he knows his risks in foreign trade and/or receives comprehensive advice from the agency. Advice on these risks is free of charge. The customer decides for himself how many risks he takes and how many measures he takes to minimize these risks.

3.6. Agentur Frisch does not provide legal advice. Templates of contracts, declarations of conformity, manuals, etc. are documents that have been created from our experience, but we do not assume any liability for their completeness. Consultations on import regulations are not legal advice but non-binding assessments based on our many years of experience and we recommend for legal certainty always to hire a lawyer to review the documents, we can also gladly recommend a lawyer.

 

 

 

4. Prices / terms of payment / contractual penalties

4.1 The prices are always offered to the customer in advance, and there is a catalog of services that the customer can view at any time can. The consulting costs can also be set as a percentage of the order value for the business planned by the customer and follow-up business resulting from the advice of Agentur Frisch If the customer does not inform Agentur Frisch about corresponding follow-up transactions commissioned by him during his existing contractual business relationship with the agency, with service providers or suppliers who were included by Agentur Frisch in previous projects included in this business relationship of the customer, a contractual penalty to be determined by the district court of Berlin is agreed for the customer to pay to Agentur Frisch. If the contractual relationship is terminated, such a contractual penalty shall not apply after the period of notice has expired.

4.2 The first two orders are due in advance, from the third order the invoice will be issued at the end of the month of performance with a payment period of two weeks. However, invoicing can also take place at the end of a project, whereby services by subcontractors of Agentur Frisch such as external offices abroad, logistics companies, lawyers, etc. can also be billed monthly independently of this. If the customer’s credit rating is poor, Agentur Frisch can continue to invoice in advance or switch back to advance payment without having to justify this to the customer.

4.3 Payments to service providers and suppliers can be made via Agentur Frisch´s intermediary account, however Agentur Frisch cannot guarantee payment. For Agentur Frisch, the payments are only transitory items and are forwarded to the suppliers and/or service providers. This does not relieve the customer of the risks involved in foreign trade. The external service providers (e.g. logistics companies) can also invoice their services directly to the customers of Agentur Frisch

4.4 The customer authorizes Agentur Frisch to transfer the amount for the supplier/service provider from the intermediary account to the supplier/service provider in advance (possibly in stages according to agreement) if advance payment via the intermediary account has been agreed.

4.5. The customer can find out about the current status of his customer account at any time, e.g. as part of a project management. At the customer’s request, partial invoices can also be created in advance.

5. Defects in the services and goods of the Agentur Frisch

5.1 Claims for defects by the customer presuppose that he has duly fulfilled his obligations to examine and give notice of defects according to § 377 HGB.

5.2 If there is a defect in the purchased item, the customer is entitled to choose whether to remedy the defect or to deliver a new item free of defects. In the event that the defect is remedied, we are obliged to bear all expenses necessary for the purpose of remedying the defect, in particular transport, travel, labor and material costs, provided these are not increased by the fact that the purchased item was taken to a place other than the place of performance.

5.3 If the supplementary performance fails, the customer is entitled to choose whether to withdraw from the contract or demand a price reduction.

5.4 We are liable in accordance with the statutory provisions if the customer asserts claims for damages based on intent or gross negligence, including intent or gross negligence on the part of our representatives or vicarious agents. .

5.5 We are liable in accordance with the statutory provisions if we culpably breach an essential contractual obligation

5.6 Liability for culpable injury to life, limb or health remains unaffected; this also applies to mandatory liability under the Product Liability Act.

5.7 The limitation period for claims for defects is 24 months, calculated from the transfer of risk.

5.8 The limitation period in the case of a delivery recourse according to §§ 478, 479 BGB remains unaffected; it is five years, calculated from delivery of the defective item.

5.9 In the event of late payment or credit lapse, we can refuse the warranty.

5.10 The customer is solely liable if rights, in particular copyrights or patents of third parties, are infringed upon by the execution of his order. The customer undertakes to be exempted from all claims by third parties due to such an infringement. Proof of the authorization to use third-party name rights, copyrights or patents can be requested at any time.

5.11 The customer may not violate legal prohibitions, morality and the rights of third parties (rights to names, copyrights, data protection rights, etc.) with the form, content or intended purpose of the desired imprints. In particular, the customer undertakes not to order any pornographic, violent or racist content as a text imprint, not to call for criminal offenses or to provide instructions for this.

5.12 Violating the form, content or intended purpose, the imprints desired by the customer, legal prohibitions, morality and the rights of third parties (name, copyright, data protection rights, etc.) do not constitute a material or legal defect that the contractor is responsible for. Claims for defects as a result of such a fact do not exist. For entrepreneurs, the following regulations of the points also apply or differ

5.13 Entrepreneurs’ claims for material defects when purchasing newly manufactured goods become time-barred after 12 months

5.14 If used goods are purchased by an entrepreneur, claims for material defects are excluded.

5.15 Agentur Frisch is not liable for the results of inspections/ audits or for shipments. These are provided by service providers, some of which can only be checked to a limited extent by the Agentur Frisch even if Agentur Frisch has already had good experience with them. The customer is aware that claims against the other service providers must be enforced and that Agentur Frisch clearly does not make any recommendation for a specific service provider, but only advises on using such a service.

5.16 Annual licenses for the e-Best and airbridge brands can be purchased by the customer from Frisch Agency. This offers the advantages of using the brands’ EANs and complying with the regulations for Waste Electrical and Electronic Equipment (WEEE) and the Packaging Act. The brand licenses are automatically renewed for another year after the initial term. If a brand license is terminated, devices bearing that brand may no longer be sold as new.

5.17 Even if Frisch Agency or its partner companies act as distributors, representatives, or importers, the customer remains solely responsible for any registration obligations, e.g., as a battery importer, importer of medical devices, cosmetics, food, and animal feed, etc.

6. Termination & Jurisdiction

6.1. The termination can be made by both parties after seven years at the earliest. The cancellation must be made no later than six months before expiry, otherwise the contract will be extended by one year at a time, but the customer will only incur costs if he places follow-up orders. If the start of the contract cannot be determined unequivocally, the date of the first invoice from Agentur Frisch to the customer shall be the date for the start of the contract.

6.2 The place of jurisdiction is Berlin Köpenick for amounts in dispute of up to and including EUR 5,000 or the Berlin Regional Court for amounts in dispute of more than EUR 5,000. However, the Agentur Frisch reserves the right to take legal action at the contracting party’s registered office if the occasion arises. Claims against Agentur Frisch must be enforced in Berlin. Contracts with Agentur Frisch are only concluded with merchants.

6.3 The terms of use valid at the time the order is placed always apply, these since January 1st, 2019. Agentur Frisch is entitled to change the General Terms and Conditions and to inform customers about changes.

6.4 The legal provisions always apply before the contractual provisions, this also applies to the other points of the General Terms and Conditions. Should individual provisions be invalid, what comes closest to the law applies. The other provisions apply unchanged.

 

 

1.	Summary of the services of your consultant
2.	Example process of a consultation
3.	Import risks
4.	International trade payments
5.	quality control
6.	Summary of our services (consulting contract)

 

BitPlease pay particular attention to the reports on the services you have booked in accordance with our

Performance Overview.

 

It is often worth shopping abroad instead of going through German importers, wholesalers or foreign trade companies. But the first steps are the hardest, namely the steps of making contacts, finding suppliers abroad, getting to know the mentality abroad and organizing the logistics steps up to delivery on your own. In order to carry out the activities of the Agentur Frisch in a similar way, you would probably need more than just one additional employee for purchasing, which would be considerably more expensive than simply having the agency carry out the job…

 

Ihr eigener Import 1

It is not difficult to become an importer in Germany because there are few requirements that you have to meet. More versatile are the duties and risks that arise from it and exactly in the point Agentur Frisch can also support you, ask us. We act as your consultant for purchasing in Asia on a permanent basis and are your partner for purchasing.

 

commercial contacts

 

The trade contacts are particularly important, because without contacts nothing works in international trade. We already have many contacts abroad and have been working with the factories for a long time. A long-term cooperation creates a relationship of trust and only a trusting cooperation creates a long-term reliable supply that is to the advantage of our customers. Through the well-known trade contacts, we naturally also benefit from making new contacts through these contacts, and contacts that are recommended to you are mostly contacts that you would first have to research and get to know for a long time and at great expense. We have also been working successfully for years with traders who are looking for contacts abroad, especially China, who speak the Chinese language and mentality, but who also know the quality standards we have in Germany.

 

Minimierung of the risks

 

Of course there are many risks in international trade. The greatest risk is certainly the risk of coming across dubious suppliers. When it comes to looking for or finding suppliers, most clients want to save money or prefer not to have to invest, although that is the part of our work that means the most work for us. We only select manufacturers about whom we cannot find anything negative. Often you can quickly recognize whether a potential supplier is really serious as an example of the web presence or how the

 

 

 

 

supplier during a telephone conversation with a native speaker. Often one recognizes very quickly when a supplier does not seem to be what he originally stated. We can greatly minimize the risk, but this does not mean that it can be ruled out 100%. You can get more security by visiting the factory later or by using a secure payment method (e.g. L/C)…

 

payments abroad

 

There are different ways to pay to suppliers abroad. Of course, the safety of the importer but also the safety of the exporter must be taken into account. In your interest and in the interest of the exporter, we try to find a suitable payment option for you.

 

 

 

Mitworkers abroad

 

2

Without our employees abroad, e.g. in China, Indonesia or Argentina, nothing would work for us because proximity to the purchasing and supply sources is very important. Our native speakers are not only more likely to ascertain the confidentiality of the manufacturer in telephone conversations, but can also clarify complicated details in the local language and conduct price negotiations more successfully due to their knowledge of the mentality. Due to the proximity of our employees to trading partners abroad, factory visits are not only inexpensive but also possible for you as a customer without any problems, promptly and without any time expenditure, since you can plan your own trip, e.g. can save to China. Small translations will be done by our native speakers, who also have excellent English skills, as part of our consulting services and there will be no additional translation costs unless you order additional translations or there are particularly complex translations that we would have to do.

 

Logistics & picking

 

We have been cooperating with shipping companies and forwarding agents for a long time and therefore we can always recommend the most reasonable and cheapest transport routes. Already in China or other foreign countries we organize the booking of the container and the collection of the goods as well as the freighting and shipping to Germany. With the help of our cooperation partners in Germany (carriers), we support you with the customs clearance of the merchandise and the delivery to your warehouse. We can support you with a wide variety of shipping methods, be it express delivery, air freight or sea freight or a combination of air and sea freight. Our logisticians will give you the best possible advice and support. We recommend the logistics to you and the invoicing is usually done by another service provider- usually your contract partner for logistics.

 

Patents and Licenses

 

The brand owners have trademark rights to many brands and there are even so-called design patents on many designs. Even technologies can be licensed. When importing into the EU, the legislator protects these rights of third parties. The Agentur Frisch already has experience and knowledge of which patents and licenses are required in many areas and which products may not be imported. Despite everything, the Agentur Frisch may

 

 

 

 

not give legal advice. However, you are not on your own because we can recommend a professional international lawyer who specializes in importing goods from Asia into the EU and works together with lawyers in the Asian region. By consulting the lawyer and his Asian colleagues, you can also legally secure your import to avoid problems during importation

 

 

 

quality of merchandise

 

We pay attention to the quality of the goods and try to work with factories that supply relatively high-quality goods. Our freelance engineer studied mechanical engineering in China and production engineering in Germany and knows the quality standards in Germany for this very reason. Although the quality check is sometimes only possible to the extent that you as a customer would like to finance it, since quality checks can be very expensive, but thanks to her many years of experience, our engineer can already recommend suppliers in many industries who have already passed quality checks of other large German corporations and thus benefit from the references. We can only apparently carry out quality tests on site in the factories, since the technical possibilities there are usually lacking and it is not possible to check every single product in detail. It is always recommended to order a sample in advance and have the sample tested in a laboratory. Only in this way

you get knowledge about the quality but also about the long-term durability of the product,

1. after how many washings the dress loses the colors or after which 3

weather conditions, unacceptable material deformation takes place in the moped.

 

For the inspections and audits, we recommend appropriately trained service providers in Asia to become your contractors. However, we do not act as a broker, so we do not assume any further duty of verification here.

 

Agentur Frisch will advise you for the entire import. The price you pay to us has proven to be a profitable investment for most companies as you can focus on your core business while we take care of the entire process for you. Our main business is the import process and that is why we are happy to take care of it for you and are at your disposal with our professional service. Whether you want to import from China, Indonesia, Argentina, Romania, Italy or anywhere else in the world, we will find what you need for you at the price and performance ratio you want and organize the entire process for you. All you have to do is pay for the goods, accept them and resell them. Through our customer area with fantastic tools you have a tool in your hand which facilitates your international purchasing to a high degree because we have your purchasing department 24

Hours a day and 7 days a week flexibly designed, you have a fantastic overview and can easily place orders and always have an overview of the work of your purchasing department – the Agentur Frisch Openness and transparency towards our customers is the clear goal we have set ourselves and with success!

 

 

 

 

 

 

2. 2. Example procedure of an import consultation

 

Example procedure for an import consultation

 

 

4

 

 

 

1) and 2) = Advertising campaigns/marketing campaigns by Agentur Frisch

 

 

 

 

Sie do not have a supplier yet

 

If you have not yet been able to find a supplier abroad, we will support you. Either we already have suppliers for the product you want in our inventory or we will start looking for you. We will also work for you on a success commission, that means it is

for you without obligation and free of charge if we are not successful. However, it is only

Free of charge if you can already provide all the information necessary for a “declaration of intent to purchase”. However, online inquiries do not incur any costs for you as a new customer, as we generally provide written offers which you confirm for acceptance with your signature. Thus, we try to be open and transparent so that our customers can always be aware of the costs that arise. By the way: The free research remains free of charge for you because you can already include the costs of our service in the limit price you give us for your purchase, which means that if we are successful for you, you have no additional costs through our service.

 

 

 

 

 

A supplier is already known

 

Our native speakers in the respective country conduct a telephone conversation with the potential supplier. A personal phone in the local language strengthens cooperation and creates a certain familiarity. Basic specifications can be discussed during the telephone call (e.g. minimum order quantities, forms of payment, references, etc.). An initial inquiry is sent to the supplier in writing, mostly by email.

 

There is a first offer

 

If the first offer is satisfactory, we try to check the seriousness of the supplier further. We find out more information about the supplier and, if possible, use modern means of communication in the supplier’s national language

 

Nichts negative known about supplier

 

5

The offer is deepened, which means the necessary details are worked out. It is also important which certificates or licenses are required. Of course, there are also special requirements in the EU, e.g.European power plugs. The details for the forwarding agent, such as the volume and weight of the merchandise in the packaged condition, are also important. Be clear about how you would like your goods to be delivered (in boxes or costs, possibly on pallets, etc.)

 

 

 

 

Extended offer is available

 

With the above information from the extended offer, we will prepare a cost calculation for you. This receives the following costs incurred: price of goods, prices of transport based on our experience, costs of money transactions, costs of our service and we determine a provisional non-binding customs tariff. However, the calculation does not include the following costs that are or may be incurred: A sample shipment in advance, laboratory testing of the sample, research and consultation with an attorney for importation, and a factory visit or

a production monitoring

 

 

 

Mudeath order

 

In order to be sure that the supplier can also deliver the right article in the right quality, we recommend ordering a sample. We can also assist you with the processing of the sample up to delivery to you.

 

 

 

 

Import service order = consulting order

 

If you have requested it, our lawyer will contact you for consultation. Depending on that, we can trade a sample shipment for you so you can check the quality of the product. If you order it, we will organize your factory visit of an appropriate service provider.

 

 

 

 

The Proforma Invoice and Purchase Agreement

 

In cooperation with you and the supplier, we prepare a purchase contract according to your specifications – the Proforma Invoice, which forms the basis for the purchase between you and the supplier. We endeavor to have the supplier include all agreed items in the Proforma Invoice (PI) as far as possible. Please also make sure that the PI contains all the important points as possible, as it is difficult to make changes later on or in the event of later

defects, it is difficult to enforce liability against the supplier if important points were missing in the PI.

 

 

 

For larger order volumes with many details, we additionally suggest the conclusion of a 6

purchase agreement before. The Proforma Invoice then serves as a supplemental agreement and is the basis for

the payment. The terms of the contract are included in the drafted sales contract. Since we are not allowed to give legal advice, we recommend that you have it checked by our lawyer or hire your own lawyer to check it.

 

 

 

 

Production monitoring

 

Of course, we remain in contact with the supplier during production. On request, we can also arrange for extensive on-site production monitoring to be carried out for you (by appropriate local service providers). A factory visit during or after production is gladly possible on your behalf if you follow our recommendation and commission such a service provider or let us commission one.

 

 

 

 

advance payment

 

Depending on which form of payment you have chosen, after production or after receipt of the copy of the “Bill of Lading” the payment on account to the supplier is possible, also via our intermediary account

 

 

 

 

Beaufording of the shipment

 

After the end of production and, if necessary, a factory visit to take delivery of the goods, we will arrange for you to be picked up by a local agency so that the goods can be taken to the ship. After a few days you will receive a confirmation about it, the Bill of Lading (BL). If necessary, you will be the customer yourself, but we will gladly take care of the logistics and deadline monitoring for you.

 

 

 

 

Beaufication of a freight forwarder

 

After we have received the copy of the BL, we will – if you wish – commission a forwarding agent in Germany on your behalf who will contact you regarding logistics and customs clearance. After payment of the total amount of the goods, you will receive the necessary commercial documents usually by mail or telex release.

 

 

 

 

Delivery at your place

 

7

After delivery, of course, carefully inspect the goods and immediately notify us of any damage or defects. Of course, we will continue to support you with technical questions, warranty and liability enforcement.

 

 

 

 

Widerrufsgarantie

 

After each point of our services, we give you the opportunity to withdraw from the service contract. Only the costs for the services that we have already carried out will then be incurred. That means you only pay us for what you need. Although we cannot guarantee that other contractual partners will also accept a cancellation if other contractual partners are already involved (e.g. manufacturers, freight forwarders), we always strive to offer our customers the best service. We also try to agree on the most generous cancellation rights possible with the suppliers or manufacturers. With Agentur Frisch you are always well advised and looked after because that is our claim.

 

 

 

 

The employees of the on-site agency can also optimally handle complicated processes that occur during production and the agency already has a lot of experience in the import process and maintains regular contact with the agents and shipping companies abroad and the forwarders in Germany. Thus, the import process is simple, transparent and organized by our help without great difficulties for you.

 

 

 

3. 3. Import risks

 

 

As an import agency and your sales representative, it is our claim to always offer you as our customer the best service. If you have the feeling that we are taking too much time to find the right trading partner, always be aware that the Agentur Frisch cannot bear the risk and responsibility for subsequent losses. The risk always remains with you as the importer. For this reason,agentur Frisch works mindfully and chooses the safest possible paths in cooperation with you based on all available options

 

 

 

 

importers into the EU

 

As an importer into the EU, you can be held liable for damages caused by the product, as the injured party cannot be expected to assert his rights against a third party in a faraway country. This is exactly why it is important to check the product thoroughly in advance in order to be able to rule out possible risks in advance. Please inform yourself about the Product Liability Act or seek advice from a competent lawyer. We would be happy to recommend a lawyer for you

 

8

Delivery risk – failure risk – getting to know the supplier

 

We try to check the reliability and seriousness of the supplier with all means of modern communication. We always recommend a prior factory visit by a specialized service provider in China to get a personal impression of the factory. We will gladly commission a service provider selected by you to send you a corresponding test report according to your specifications. If there are still doubts, further security can be agreed with the exporter in the payment terms, e.g. by LC payment

 

quality risk

 

Not always the goods really correspond to what the supplier states beforehand in his product descriptions and how it appears on the product images. We recommend that you have product samples or fabric and material samples sent to you and have them tested in the laboratory. Many products need ROHS or CE certificates. It is important to also have copies of the certificates presented for examination. It is not uncommon for manufacturers to deliver what you previously received as a sample. We therefore also recommend ordering an acceptance of the goods before shipment. We are happy to take care of that for you. We carry out an apparent acceptance test because we can neither test every single product for you nor do we have the technical possibilities for a flawless material test on site. In addition, there is no guarantee that the supplier will actually give the goods we have checked to the carrier. We cannot completely accept the risk, which means that a residual risk remains even after the most careful examination. We are also happy to offer production monitoring during production. However, this is very expensive because from the start of production to the end of production and until the cargo is loaded, a service provider accompanies the production on your behalf. This is therefore only worthwhile with very large production numbers

 

 

 

 

Transport risk

 

In case of transport delays, you as the importer bear the risk of delivery delays unless otherwise agreed with the exporter. The goods are of course insured against destruction, damage or loss on the transport route, provided that the Agentur Frisch can organize the logistics through the house forwarding agency. For collective shipments or CIF deliveries, please contact us regarding insurance.

 

Another risk is transportation costs. Most prices (e.g. sea freight, on-carriage, diesel surcharges, etc.) are daily prices. Alone, for example, from Feb. From 2012 to May 2012, sea freight costs tripled in some cases. Unfortunately, it is never possible to foresee in the long term what transport costs are to be expected after the goods have been completed. Therefore, a calculation can only be based on a guideline value for the last few months.

 

Not neglected should also be the port fees that may be incurred in addition. This, too, is often met with misunderstandings. In principle, you have three days off in the port, which the freight forwarder has usually offered you as “port fee” in the offer. Each additional day costs in port storage fees and penalties. But how can this happen:

 

Case example: The goods arrive at the port on Friday 27.05.16 in the late afternoon, the customs application can then only be submitted on Monday 30.05.16, the customs clearance will be Tuesday 01.06.2016.

released and the goods will arrive on 02.06. directly onto the next train or van. There are 9

already accumulated six days at the port. Of course, every forwarder tries these fees to

avoid

 

 

 

Risk in customs clearance

 

 

 

Agentur Frisch always bases its previous calculations and recommendations on the current customs tariffs or, as a rule, on the customs tariff provided by the manufacturer in the third country. However, if you do not obtain binding customs information from the customs authorities, this customs tariff cannot be guaranteed. The importer bears the risk that the customs authorities determine a different customs tariff.

 

The fees for customs clearance are charged for each customs tariff. Please note that several customs tariffs can be set for different products and the fee for declaration for customs clearance is charged for each customs tariff.

 

Währungprice risk

 

Since you often pay abroad with the respective local currency or with the USD currency, you as the importer have the risk of currency fluctuations. Foreign exchange losses are at your expense. If this has been contractually agreed in advance, the exporter can adjust any currency losses later and invoice you for the difference

 

 

 

 

Political Risks

 

Political risks are also not excluded (e.g. war, strikes, expropriation, payment bans) and are borne by the importer. Other political risks can also be borne by the exporter (e.g. inflation)

 

Weteconomic risks

 

Different laws, import and export regulations, ordinances are a risk for the importer if he does not know these laws and regulations abroad. Chinese exporters need e.g. an export license without which you are not allowed to export (except for express services such as DHL, as they then act as exporters)

 

Patents, Licenses and Certificates

 

10

On most branded goods, the trademark owners naturally have the right to their trademark, which is protected by law when importing into a customs territory (e.g. the EU). The trademark owner can of course enforce the right to his trademark. Likewise, certain details and technologies can be protected and licenses are required for import. Certificates such as CE, ROHS or EEC & COC are also required for certain merchandise. For your security, we can recommend a lawyer who can check for you which documents you need for import into the EU. Accordingly, we then support you in finding trading partners abroad who have or can acquire all the necessary documents. It is important to contractually stipulate when which documents must be available for purchase and payment so that you can prove that you have complied with all the specifications.

 

 

 

Agentur Frischis already working with numerous suppliers who, to our current knowledge, have all the necessary certificates and licenses. However, the check must be repeated regularly, as the laws and rights of other manufacturers can also change constantly. In addition, we know that many manufacturers are reliable and that their products are of good quality. Through our local contacts, e.g. China, Argentina, Indonesia, we are also informed about current political and economic events and are also informed about laws and regulations. Of course, we cannot be equally well informed and advised for every industry and every product, but your risks will be significantly reduced through our cooperation. You can get legal advice from our recommended lawyer at any time

 

The most important principles when importing for the first time from a new supplier in China (also applies to

suppliers of some other Asian countries, such as India, Indonesia and Vietnam).

 

– Never assume a fixed delivery date and allow plenty of time (we also do not guarantee a fixed delivery date)

– Only invest as much as you are willing to lose

– Never sell goods that have not yet been delivered from Asia and inspected.

 

 

 

 

Importing from China is a hurdle that always brings new surprises. We are ready to go through this hurdle race for you.

 

 

 

4. 4. International trade payments

 

In international trade, there are also rules to be observed that have arisen in international trade and are common. Your risks and the risks of the supplier but also the costs of money transactions in contrast to the costs of the merchandise must be taken into account

 

Vorcash for small purchases

 

For small purchases, prepayment via a bank account is not the safest but the most ideal form of payment. A bank transfer does not cost much and a verifiable payment has been made based on the bank transfer. For small purchases, an attempt should be made to at least minimize the risk by calling the supplier beforehand and doing some internet research. You are welcome to have the payment carried out via Agentur Frisch via the intermediary account.

 

 

 

Importauftrag 11

 

For small purchases, you can place an import order with Agentur Frisch This means that Agentur Frisch mports for you and resells the merchandise to you. A relatively secure payment option for you, which we only offer in exceptional cases. Mainly we work with commercial customers. This must then be expressly agreed in writing.

 

 

 

 

down payment and advance payment

 

The most common payment in international trade. You pay a part before production and a balance after the goods are on the ship and you have received a copy of the “Bill of Lading”. The supplier releases the goods as soon as the down payment has been made.

 

 

 

 

LC payment

 

Payment with bank security. However, this payment is only possible if the importer and the exporter each have an account with a top international bank. The export bank only releases the payment to the exporter when certain commercial documents that the importer and exporter have agreed on are available. Please consult your bank for advice on this

 

 

 

 

Treuhand-payment

 

There is also the option of paying via an escrow account. There are international trustees whose offerings you are welcome to inquire about. Possibly the money can also be paid into a so-called escrow account for security.

 

Ask us if you want to take advantage of this opportunity and find out more. We try to negotiate with the supplier and ensure your safety.

 

 

 

 

payment on target

 

The safest way. Usually the easiest if you have a good market position. Thus the

Payment also a means of pressure so that you get the right delivery. When you use these

market position one should try to achieve this form of payment.

 

 

 

5. 5. Quality assurance of goods from China and other importing countries.

 

12

The quality of the goods is an important issue if you want to import. Unfortunately, especially from emerging countries such as China or India, the quality often does not match what is expected. For this reason, the Frisch agency attaches great importance to the topic of “quality assurance”.

 

Welche bad experiences?

 

Example 1) The manufacturer sends samples to the customer. The quality corresponds exactly to his wishes. However, after ordering the main delivery, the goods do not correspond to the sample. According to the manufacturer, samples cannot correspond to the main delivery because e.g. a coloring of a single product turns out to be completely different than the coloring in a main production. In addition, he had to take individual parts from the inventory for a sample

with a much better quality from another production because he gets for the main production of this order only the supply which are decisive for the goods of the main production which could not be identical of course.

 

 

 

Example 2) A visit to the factory. The manufacturer presents completely flawless sauna cabins (demonstration models) of a really good quality, even better than they were named in the photos or descriptions. The customer is delighted. Due to this positive visit, the

Customer on an acceptance of goods after completion of its own production. When the customer checks the sauna cabins, he is shocked. The doors are made of window glass instead of Plexiglas, the wood is only partly sanded and partly not varnished. The wood is stained and pitted and the holes are unclean. After the customer wants to assert his guarantee claim, the manufacturer says that he himself is an electrical company and can therefore only give a guarantee on the electricity of the sauna cabins, but not on the wood or the glass

 

 

 

 

Experiences & References

 

Of course we build on our experience. We always try to recommend suppliers with whom we or our customers have already had good experiences. In addition, in some sectors we know suppliers from large companies based on references, where good quality can already be expected. In the case of new suppliers, it is of course possible to have references (if any) provided. Large importers and manufacturers have often already carried out expensive test procedures and selected suppliers or sub-suppliers in accordance with these quality standards. Suppliers and suppliers of other major importers and manufacturers whose quality is already known and who can prove their references are of course shortlisted if possible.

 

Mustersendung/ product sample

 

According to our experience, a sample shipment or product sample is indispensable. So you can check the product according to your own taste, which no third party can take away from you. You can also check the functions. If you do not find any defects yourself and are satisfied with the product, you should have further tests carried out by a test laboratory. This is also important to determine the longevity of the product.

 

13

VerContractual agreement

 

Of course, it should be contractually agreed that the quality of the main production goods must not deviate from the quality of the sample delivery. These must match the pattern exactly. Ideally, a factory visit to accept the goods is contractually agreed.

 

Production monitoring

 

With production monitoring, the production of your goods is monitored from the start of production to shipment. We write daily reports and make photo documentations that are sent to you daily by fax or email. In addition, points are discussed with you by telephone on a daily basis. We accompany the entire production process on your behalf. Please note that we recommend quality assurance and are happy to commission service providers to do this for you, but we do not provide this service ourselves.

 

Warennahmeon site

 

After the end of production, the contracted service providers carry out the acceptance of goods. Of course, they can only visually inspect the goods, since the technical possibilities for further inspections are usually not available on site and not every individual device (e.g. in the case of technical devices) can be tested.

 

 

 

Bedingungen at the manufacturer

 

We try to create better conditions on site. In this way, long-term success can be achieved for lasting business relationships. We support the foreign

 

 

 

 

Suppliers in the training of employees by German trainers, may try to find suppliers with better quality materials and help the company to better equipment, such as tools and machinery. In this way, too, the quality can be improved in the long term. Ask us – we will achieve this goal with you.

 

We are always aware that you as a customer want good quality in the delivery of goods. For the satisfaction of our customers, we also want to ensure a delivery that satisfies our customers and forms a basis for long-term cooperation. We try to include all points to minimize the risk for you as a customer as much as possible. Do not cut corners when it comes to ensuring quality, because a bad delivery is a business risk which also represents the greatest financial risk.

risk for you as an entrepreneur.