Our general terms and conditions for commercial agency contracts

 

between the client

– hereinafter referred to as the company –

and

Agentur Frisch International Consulting GmbH & Co. KG
– hereinafter referred to as commercial agent –

 

  • 1 Legal position of the commercial agent

(1) The commercial agent acts as sole agent to represent the company in China, Taiwan, Hong Kong, Vietnam, South Korea, the USA and India. Changes to the representative district require an addendum to this contract signed by both contracting parties in order to be effective.

(2) The company is not authorized to act in the assigned representative district itself or through commissioned third parties. For the commission claims of the commercial agent from transactions that come about directly through the company or commissioned third parties without his involvement, § 4 para. 1 of this contract.

(3) The representation extends to all of the company’s products that are currently part of its production and sales program. The company’s products, which will be part of its production and sales program in the future, are automatically included in the agreement.

(4) The entire supplier base in the representative district at the time this contract comes into force will be taken over by the commercial agent for further support.

5) The payment transactions are usually made through the commercial agent who, based on the agreement, is authorized to negotiate or conclude the sale or purchase of goods or services only on behalf of the payer or only on behalf of the payee (§2.2 ZAG)

 

  • 2 Obligations of the Commercial Agent

(1) The commercial agent has the task of concluding/arranging purchasing transactions in the name and for the account of the company in the assigned representative district. In doing so, he must look after the interests of the company with the diligence of a prudent businessman and use his best efforts to expand and increase sales. He has to maintain the business relationships with the potential suppliers of the company and to visit them regularly. The commercial agent is/is not entitled to collection.

(2) The commercial agent must inform the company of every brokerage/conclusion of business on a regular basis and inform the company about existing business initiations by sending copies of the correspondence or by making notes on the file. If business initiations or business brokerage/business deals involve new suppliers, the company must be specifically informed of this.

(3) The commercial agent is obliged to check the creditworthiness of existing or potential suppliers as far as possible and to support the company’s efforts to determine solvency. Doubts about the creditworthiness of an existing or potential supplier must be reported to the company immediately. He is not obliged to use credit information services or similar.

(4) The commercial agent undertakes to protect the company’s trade and business secrets and to keep the documents relating to them and the commercial agency relationship in such a way that they are not accessible to third parties. He must maintain secrecy about all knowledge acquired during the contract period, about business processes and internal, especially confidential matters, even after the end of the contract.

(5) The representation is transferred personally to the commercial agent. He is not entitled to transfer the exercise of commercial agency to a third party without the express consent of the company or to tacitly tolerate the exercise of commercial agency by a third party.

(6) The commercial agent is entitled to conclude contracts with sub-agents or employed travelers whom he intends to use as vicarious agents to fulfill his contractual obligations.

 

  • 3 Company Responsibilities

(1) The company must support the commercial agent in carrying out his work to the best of his ability and always provide him with the necessary information and information. When exercising its right to issue instructions, the company must take into account the independent position of the commercial agent. The required information and information includes everything that is of essential importance for the activity and the remuneration claims of the commercial agent (e.g. changes to the products, prices or terms and conditions, special advertising measures).

(2) Copies of correspondence with suppliers or interested parties belonging to the district are to be sent to the commercial agent without delay; The commercial agent must be informed immediately about negotiations and planned transactions with district suppliers or interested parties that are being conducted with the consent of the commercial agent or without his cooperation.

(3) The company is obliged to carry out all commissionable transactions that have come about. Provision must be made to ensure that transactions brokered/concluded by the commercial agent can also be properly processed. The execution of completed transactions can only be rejected if the commercial agent has been informed before the transaction that there are particular difficulties with the transaction. If a transaction brokered or concluded by the commercial agent is not executed in whole or in part, the commercial agent must be informed of this. He must also be informed of the reasons for the non-execution. The legal consequences of the complete or partial non-execution are determined according to § 6.

(4) Regarding the required information within the meaning of para. 1 also includes informing the commercial agent of planned cooperations or mergers with other companies or an intended sale or closure of the company in good time so that his entrepreneurial dispositions – in particular with regard to exercising his right of termination – are not impaired.

 

  • 4 Commissionable Transactions

(1) The commercial agent is entitled to commission for all transactions brokered/completed by him, for all regional transactions within the meaning of § 87 para. 2 HGB and for all transactions that come about without his direct involvement with third parties whom he has recruited as a supplier for transactions of the same type. A prerequisite for the right to commission is that the business transaction takes place during the existing agency contract, regardless of the time at which the business is executed by the entrepreneur.

(2) Business transactions that come about after the termination of this contract are only eligible for commission for the commercial agent if the business transaction is mainly due to his activity. The commercial agent is not entitled to a commission for business transactions that only come about after 3 months have elapsed after the end of the contract. The commercial agent also does not acquire a right to commission for such transactions for which a predecessor according to § 87 para. 3 HGB can claim commissions.

(3) The commission claim of the commercial agent arises as an unconditional claim as soon as and to the extent that the entrepreneur has carried out the commissionable business. If the supplier is obliged to perform in advance, the claim to commission already arises if and to the extent that the customer fulfills his obligation to perform in advance.

 

  • 5 Amount of commission

(1) The commission to which the commercial agent is entitled for all transactions subject to commission mentioned in § 4 is agreed separately between the company and the commercial agent on a percentage basis. This will be paid by the commercial agent plus invoiced for sales tax.

(2) The commission calculation is based on the full EXW or FOB price negotiated by the commercial agent. Discounts or rebates granted by the supplier result in a reduction in commission, but not in a reduction in the commission rate.

(3) The calculation bases for the commission calculation mentioned in the above paragraphs can only be changed by way of contractual agreements.

 

  • 6 Loss of entitlement to commission

(1) In the event of non-execution of a concluded transaction, the right to commission shall only lapse if and to the extent that this is due to circumstances for which the entrepreneur is not responsible.

(2) The right to commission also lapses if it is certain that the supplier will not perform; it is reduced if the supplier only partially performs. The commercial agent must repay any amounts already received to the company.

(3) The company is only obliged to assert and enforce its claim for performance against the supplier in court if this measure offers prospects of success. In other cases, the company is only obliged to assert and enforce its claim for performance in court if the commercial agent requests this and if he makes a reasonable contribution to the costs of the proceedings.

 

  • 7 Commission Statement

(1) The commercial agent must account for the commissions due at the end of each month or at the beginning of the following month. The commission statement must include those commission claims (net commission) that have arisen as unconditional claims by the end of the month as a result of the execution of the transaction by the company/the payment of the purchase price by the customer.

(2) The VAT due on the commissions must be shown separately in the commission statement.

 

  • 8 Illness of sales representative, holiday

(1) The commercial agent must inform the company immediately if he is prevented from performing his duties for more than {1 week} due to illness.

(2) If the illness lasts longer than {one week}, the entrepreneur is entitled to work himself or through agents in the district of the commercial agent. The selection of the representative is the sole responsibility of the company. The activity of the company or third parties in the district must not lead to a reduction in the commissions due to the commercial agent, provided that the duration of the illness{4} does not exceed weeks.

(3) If the illness of the commercial agent exceeds the duration of{4} weeks, half of the costs arising from the processing of the district by third parties shall be borne by the commercial agent. However, this regulation only applies to the period from the 5th week to the end of 6 months from the onset of the illness. After 6 months, a regulation must be made that takes into account the situation then.

(4) The commercial agent is obliged, if possible, to take his vacation during off-peak hours and at least the vacation date{6} to be coordinated with the company weeks before the start of the holiday. The same applies to other temporary interruptions in activity.

 

  • 10 non-compete agreements

(1) During the existence of the contractual relationship with the company, the commercial agent is only entitled with the express written consent of the company to represent other companies, to participate directly or indirectly in another company or to support another company himself, provided that this other companies manufactures and/or sells products and/or offers other services that are the same or similar to those of the company.
(3) The commercial agent hereby undertakes, for a period of 2 years after termination of the contractual relationship, to carry out any commercial activity within the contractual territory within the meaning of Section 1 Para. 1 of this contract with regard to the in § 1 para. 3 mentioned products and services for a competing company. This obligation extends to activities in an employment relationship as well as to those as a self-employed person (e.g. as a commercial agent or authorized dealer). The commercial agent is also prohibited from participating directly or indirectly in a competing company during the period mentioned.

.

  • 11 Term, Termination

The contractual relationship begins immediately and is concluded for an indefinite period. The contract can be terminated by either contractual partner in the first contract year with a notice period of one month, in the second contract year with a notice period of two months, in the third to fifth year with a notice period of six months to the end of a calendar month by registered letter, from the sixth year, the notice period is one year. The mutual right to terminate for good cause remains unaffected. If the contractual relationship is terminated, the commercial agent must return documents and other material that the company provided him with at the beginning of the contractual relationship, insofar as they have not been used as intended, as well as all other documents required to maintain and carry out the operation, such as customer correspondence, return to the company.

 

  • 12 Miscellaneous Provisions

(1) The limitation period for all claims arising from this contract is 12 months. The period begins when the claim becomes due or when we become aware that the claim has arisen.
(2) The exclusive local place of jurisdiction for disputes arising from this contract is the registered office of the commercial agent.
(3) There are no ancillary agreements to this contract. Supplements to the contract must be in writing and signed by both contracting parties to be effective. This formal requirement can only be waived by written agreement.
(4) If a point that needs to be regulated is not covered by this contract text, the statutory provisions of § 84 ff. HGB or the principles developed by case law shall also apply.
(5) The nullity of a provision of this contract does not lead to the nullity of the entire contract. The void provision is to be replaced by an agreement that comes as close as possible to the purpose of the contract and the will of the contracting parties.

 

 

1.

Summary of the services of yoursales representative

 

2.

Example flow of an import brokerage

 

3.

Import risks

 

4.

International trade payments

 

5.

quality control

 

 

6.

 

Summary of our services (commercial agent 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…

 

Your own 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 points the agency Frisch can also support you, ask us. We act as your commercial agent 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. B. can save to China. Our native speakers, who also have excellent knowledge of English, carry out small translations for you in the course of our mediation and there are no additional translation costs unless you commission additional translations or particularly complex translations arise which we would have to carry out

 

Logistics & picking

 

We have been cooperating with shipping companies and forwarding agents for a long time and therefore we can always provide you with 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 arrange the logistics for you and the invoicing is usually done by our partners

– usually your contractual partner if you have logistics arranged by us.

 

Patents and licenses/ contracts/ declarations of conformity

 

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 is not allowed to give any 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 with the import. This also applies to contracts and declarations of conformity or advice on import regulations that you receive from the Frisch Agency. These are non-binding assessments based on our many years of experience, but for legal certainty this should be checked by a lawyer, whom we can gladly recommend to you.

 

 

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

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

 

ForFor the inspections and audits themselves, we arrange for service providers in Asia who are authorized by you and trained by us to become your contractors; our service is to act as an intermediary.

 

The Agentur Frisch organizes your 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!

 

 

 

 

 

 

  1. 2. Example flow of an import brokerage

 

Example process for an import brokerage

 

 

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 a lawyer for importation, and a factory visit or 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 = sales representative order

 

If you have requested it, our recommended lawyer will contact you for advice. 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 or one of our partner’s factory visit.

 

 

 

 

The proforma Invoce and contract of sale

 

In cooperation with you and the supplier, we draw up a purchase contract according to your specifications – usually in accordance with the Proforma Invoice (PI), 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 have no

If you 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 for you.

 

 

 

 

 

Production monitoring

 

Of course, we remain in contact with the supplier during production. On request, we can also carry out complex production monitoring on site for you. A factory visit during or after production is possible on your behalf.

 

 

 

 

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 client, we will act as an intermediary.

 

 

 

 

Beaufication of a freight forwarder

 

After we have received the copy of the BL, we will contact 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. Please note, however, that in the case of commercial agency contracts, the commission is also due on subsequent orders, even without our involvement, if you do not make use of it.

 

 

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.

 

 

 

  1. 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 will be happy to recommend a lawyer for this purpose. Our recommendations on contracts, certificates, declarations of conformity and import regulations are non-binding recommendations based on our many years of experience, which should be legally reviewed if necessary in order to have legal certainty.

 

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 our staff in China to get a personal impression of the factory. We are happy to visit the factory on your behalf and create a visit protocol 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 load is loaded, an employee accompanies the production on behalf of our agency. This is therefore only worthwhile with very large production numbers

 

 

 

 

Transportrisico

 

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 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 accrued six days at the port. Of course, every forwarder tries to avoid 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.

 

Währungsexchange rate 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)

 

Wetschaftliche 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 Frisch is 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

– Only invest as much as you are willing to lose

– Never sell goods already, which are not yet delivered from China to you and checked.

 

 

 

 

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

 

 

 

  1. 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 the agency fresh via the intermediary account.

 

 

 

 

Import order

11

 

For small purchases, you can place an import order with the Frisch Agency. This means that the agency freshly imports for you and resells the merchandise to you. A relatively secure payment option for you, which we only offer in exceptional cases. We work only with commercial buyers.

 

 

 

 

 

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.

 

 

 

  1. 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. B. 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 since it is used for the main production of this

The order only receives the supplies that are crucial for the goods of the main production, which, of course, could not be identical.

 

 

 

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 saw 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 mediate the quality assurance and do not provide the service ourselves.

 

Warenabnahme on site

 

After the end of production, our partners accept the 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 save when it comes to ensuring quality, because a bad delivery is a business risk, which also means the greatest financial risk for you as an entrepreneur.

 

 

Please note

that in the case of air freight, invoicing is always based on the higher weight of the real weight and the volume weight, which is calculated by height x width x depth / 5000. Depending on which is higher, comes to the settlement in the case of air freight. Thus, an economic weight is taken to the settlement.

that you need an EORI number for an import to Germany, even for samples. that you usually have to pay sales tax on imports, which you have to pay as a

recover (as input tax) for those entitled to deduct input tax.

 

 

 

 

 

 

Follow by Email
Twitter
Visit Us
Tweet
Youtube
Whatsapp
Skype
Wechat
Xing
Xing
Copy link