I. How to correctly fill in tripartite entity information?

Must be fully recorded in the agreement headerLegal names of tripartite entities, recommended to adopt the following verification methods:

• Export agentParty: Verification of consistency between business license registered name and customs filing name
• Consignor (manufacturer): Verify consistency between company seal and VAT invoice special seal
• Foreign buyer: Requires notarized copy of business license (must include English name)

Special attention to the 2025 Implementation of New Regulations for International Trade Contract Party Information Filing requires agreement signatories to complete tripartite information cross-verification in the MOFCOM EDI system.

II. What special requirements exist for product description clauses?

According to the 2025 Incoterms rules, product descriptions must include:

• Precise declaration of HS Code (8-digit)
• Material composition percentages (e.g., textile products must specify cotton/polyester ratio)
• Special certification information (CE, FDA certification numbers, etc.)
• Packaging method and shipping marks (must exactly match customs declaration)

Recommended reference to a 2024 electromechanical product export dispute case: Failure to specify battery type (lithium-ion/nickel-metal hydride) in the agreement resulted in customs detention at the destination port and a 20% cargo value penalty.

III. What risks should be considered when setting payment terms?

Agency export,UniqueDual payment relationshipMust specify:

• Payment route for foreign buyers
  • Direct Payment to Agents Account (account information must be explicitly stated in the agreement)
  • Settlement Cycle Between Agent and Principal (recommended not exceeding 45 days after bill of lading date)
• Exchange Rate Fluctuation Handling Mechanism:
  • Exchange Rate Lock-in Time Point (recommended to use customs declaration date as benchmark)
  • Price Adjustment Mechanism When Exchange Rate Fluctuation Exceeds 3%

IV. How to reasonably allocate quality responsibilities?

Recommended adoptionThree-tier Liability Allocation Mechanism:

• Production Quality Responsibility: 100% borne by the principal
• Document Compliance Responsibility: Borne by the agent
• Transportation Loss Liability: Divided according to INCOTERMS 2025 terms

Pay special attention to what is newly added in 2025Carbon Tariff ClausesThe agreement must specify the responsible party for carbon emission accounting. It is recommended that the principal provides a product carbon footprint report as an annex to the agreement.

V. How to establish effective breach clauses?

Must include threeGraduated Liability for Breach of Contract:

• First-phase Penalty: 5% of contract amount (applicable to minor breaches)
• Second-phase Penalty: 0.1% daily late fee (for overdue payments)
• Termination Clause Trigger Conditions (e.g., overdue exceeding 60 days or dispute amount exceeding 10%)

With reference to typical cases published by the Supreme Peoples Court in 2024, the total penalty amount should not exceed 30% of actual losses.

VI. How to properly supplement special clauses?

Recommended Additions for New Trade Models:

• Cross-border E-commerce Clauses:
  • Platform Sales Data Sharing Mechanism
  • Customs Handling Solutions for Returned Goods
• RCEP Rules of Origin:
  • Regional Value Content Calculation Basis
  • Responsible Party for Certificate of Origin Application

According to Announcement No. 38 of 2025 by the General Administration of Customs, export agency agreements involving ASEAN countries must include pre-approved origin declaration documents.