General Policies and Agreements-Coco Trans LLC

Thursday, 17/06/2021, 19:02 GMT+7


("Agreement") contain the terms governing the consent of the Service Provider and the Service User to be bound by the terms of this agreement. In this agreement, "we, "our" or "Coco Trans" means Coco Trans Service Provider.

1. General terms

Conditions or restrictions in the provision of goods or services.

In case of any service provision performed by us, any legal relationship between the Service User, the end-user, or any third party is subject to the following of these terms and conditions. The User's written or otherwise valid confirmation by the User of the service (telegraph, telex, fax, data the message, and other forms as prescribed by law) of the content of the price provided by us, acceptance of the handover of goods, whichever comes first, is considered that the Service User accepts the requisite and the terms of this agreement. All other terms or conditions are rejected and will not bind the Service Provider in any way. Except as expressly set out in this agreement, in the event of any inconsistency between the terms and the information shown in the contract, these terms shall apply.

2. Definition

Import of goods by authorizing are activities requested by The Authorized Service Provider on behalf of the owner of the goods at the request of The Principals Service User such as representing the businessman (referred to as The Beneficiary party) to perform the work requested by The Principals Service User, The Beneficiary Party enjoys the benefits from the service implementation, according to which a party (referred to as “The Authorized Service Provider”) has the right to receive payment and the obligation to perform the service to The Principals Service User requested; the Principals Service User (referred to as customer) is obliged to pay the service provider (if any); where the imported item or the supplied item is a civil cipher product as prescribed by law, this product only meets the requirements for information protection not within the scope of state secrets.

The Principals Service User include but are not limited to service claims, service users, service beneficiaries, service transferees, end-users, commercial brokers, legal representatives of traders, or another third party that has not yet been named, has a transactional relationship between the parties.

Commercial brokerage means a commercial activity whereby a trader acts as an intermediary (referred to as a broker) between parties selling and purchasing goods or providing commercial services (referred to as principals) in the course of negotiations and entering into contracts for sale and purchase of goods or provision of services and shall be entitled to remuneration under a brokerage contract.

Representation for traders is defined as an arrangement where a trader is granted authorization (hereinafter referred to as the representative) by another trader (hereinafter referred to as the principal) to perform trades under the name or direction of the former, and earn remunerations for his/her representation service rendered.

Transaction means a legally binding contract between the Service Provider and the Service User formed when the Service User approves the offer and the Terms of this agreement.

Validity period means the period, including any extension of validity specified in the quotation and if not specified in the quotation, it is naturally understood validly to that within 07 days from the date of official release. Once the quotation period is expired, a new quotation will be needed.

3. Participants

The Authorized Service Provider Party subject:

The Authorized Service Provider (also known as The Service Provider) is a trader trading in goods suitable to the authorized goods and performing transactions under the conditions agreed upon with the mandator.

The Principals Service User Party subject:

The Principals Service User (also known as The Service User) is Vietnamese organizations and individuals other than traders who assign the trustee to perform the authorized transaction at his/her request and must pay entrusted remuneration.

The object of the Import of goods by an authorized party is also understood as the end-user, the person directly beneficiary, the experience of the product.

4. Scope of service provision

Limited to the scope we are authorized under agreements, perform part or all of the following services on behalf of the owner of the goods, except for goods on the list of banned exports, imports, goods on the list of prohibited imports, suspension of import are those with exported goods, import (here as the owner of the good) :

  • Customs declaration and customs clearance in accordance with the Law on Customs;
  • Provide sufficient and accurate information for customs authorities to pre-determine the customs code, origin, and value of goods;
  • To implement decisions and requests of customs authorities and customs officers in carrying out customs procedures, customs inspection, and supervision of goods and means of transport;
  • Arrange people and means to perform related jobs for customs officers to inspect the actual inspection of goods and means of transport; Pay taxes and perform other financial obligations in accordance with the law on taxes, fees, charges, and other relevant laws.
  • Organize transportation activities as agreed upon.
  • Other support services related to transportation.

5. Contract agreement

The supplier of products and services must ensure the completeness, and accuracy of necessary documents and information about goods for the Service Provider of products and services and take full responsibility before the relevant applicable law for the supply dossier. The conclusion of the contract in writing is mandatory.

Any contract add-on relating to the provision of the service as well as any changes, agreements, and notices relating to termination or any other statement or notice must be made in writing or otherwise of equivalent legal validity (such as telephone, telex, fax, data message and other forms as prescribed by law) unless otherwise specified.

For the appendixes, additional conditions for the provision of international cargo services for delivery and transportation are effective at the time of signing the contract, which will become part of the contract.

The Service User (referred to as The Principals Service User) is entitled to assign the sub-contractor performing part of one obligation related if approved in writing or email by The Service Provider as advised.

6. Payment of service fees

Service charges may vary. The Principals Service User is responsible for all of our fees and expenses in connection with this agreement. In addition, we may require the Service User to pay other funds to ensure the performance of the Service User's obligations under this Agreement or to minimize the risk of returns, reimbursements, claims, disputes, violations of our terms or policies. The provision of the service will be charged, the prices include taxes, delivery fees, service fees, documents processing fees, and other related fees.

If The Principals Service User does not accept the price within 07 days from the date, we issue the official release after receiving the notice requesting the price of the service of the shipment, we are entitled to cancel such quotation at any time without prior notice. This transaction will no longer be valid.

7. Issuing Bill

Acceptance of the general provisions in the provision of this service shall, however, be assumed that the user's explicit consent is to receive electronic invoices in place of paper invoices from the Service Provider in accordance with the laws in Vietnam regarding the issuance of invoices.

8. Obligations of The Principals Service Users

The Service User undertakes to cooperate with The Service Provider by:

• Provide original information, documents, and means necessary for the contract implementation;

• Do not allow any employee without the written permission of the competent trade representative, to adjust or correct documents and goods; the service provider is completely exempt from liability for any intentional corrections from the Service User.

• Take responsibility before law for the authenticity of the declared contents and the submitted and presented documents;

• Pay entrusted remuneration and other expenses to The Service Provider;

• Pay taxes and perform other financial obligations by the law on taxes, fees, charges, and other relevant laws;

• Take responsibility before the law for product quality, standards, and technical regulations promulgated by the Ministry of Information and Communications for activities of certification of technical-regulation cooperation and announcement of technical-regulation cooperation for telecommunications equipment products, radio-transmissible, electronic devices, and information technology;

• Comply with regulations committed to civil crypt cipher product suppliers on managing the use of key codes, transferring, repairing, maintaining, removing, or destroying civil cryptic products and other relevant contents. At the same time, provide necessary information related to encryption to competent state agencies upon request. Organizations and individuals using civil cryptic cipher products not provided by licensed product service providers trading in civil crypto products must report them to the Government Cipher Committee, except for diplomatic mission agencies, foreign consular offices, and representative offices of intergovernmental international organizations in Vietnam;

• Honest information about the quality of products and goods;

• Promptly stop importing, notify related parties and take remedial measures when detecting unsafe goods or goods inconsistent with applicable announced standards and corresponding technical regulations;

• To pay expenses and charges for quality inspection of imported goods as prescribed; costs of sampling and testing as prescribed; costs of sampling, testing, and assessment as prescribed.

9. Responsibilities of service providers

• Request the exporter to supply the goods following the agreed quality under the contract;

• Request the seller to cooperate in the recall and disposal of goods that do not guarantee quality;

• Destruction of imported goods which are inconsistent with corresponding technical regulations but cannot be re-exported; bear all costs for the destruction of goods and take responsibility for the consequences of the destruction of goods in accordance with the provisions of law;

10. Obligations of service providers

• Customs declaration and customs clearance by the Law on Customs 2010;

• Preview goods, take samples of goods under the supervision of customs officers before customs declaration to ensure the customs declaration is accurate;

• Retention and confidentiality of customer information;

• Ensure the supply of products as agreed, guide the service users to fully comply with the provisions on ensuring the safety quality of products in accordance with the provisions of law;

• The service provider resolutely refuses to provide civil crypto products when it detects that the Service User violates the law on improper use of civil crypto products committed to the agreement on the use of products provided by us;

• To coordinate with competent state agencies in taking professional measures in case of detecting that service user violates the law on information security, affecting national security;

• Re-export of imported goods inconsistent with corresponding technical regulations;

• Recall and handling of goods without quality assurance.

11. Regulatory license/Export control

The service User must notify us of the license by the regulations, and the purpose of use delivered products. The service User, to the applicable scope, must comply with the laws and regulations on export control of Europe, the US, or other export control regulations. The service User must have the necessary licenses before transferring technical information or goods to us and must notify us of the requirements, of the corresponding number of export control classifications for such technical information (e.g., U.S. ECCN Law), and any restrictions on such transfers. The service user undertakes to provide us with all the necessary information to comply with such regulations on a case-by-case scale.

The supplier of products must strictly comply with the export laws and regulations of other countries related to the transaction of goods. If the Service User resells or transfers ownership and/or the right to use the goods (in whole or in part) to a third party or exports the goods, the Service User shall strictly comply with the export control laws and regulations of the countries that may apply in connection with the purchase, sale, and use of the goods. The service user shall not export, re-export, reserve sell, transport or transfer the goods to a third party if the User of the Service knows or has reason to believe that the goods will be used in connection with nuclear, chemical, or biological weapons, for missile technology or for military applications or for other reasons that may create a violation of laws, regulations or rules relating to exports or license violations related to exports or license requirements. The service user is fully disclaimed, and protects, indemnities, and keeps the Service Provider from damages for actions and claims that the service user violates these Terms and/or any actions or discrete actions or discrete circumstances to which the Service User is responsible.

12. Disclaimers & General Release

Since we do not engage in transactions between The Service User and the Service User's customers, if there is a dispute between the Service User and the client of the Service User, the client of the Service User and the User of the Service will exempt us (and our agents and employees) from the complaints, as a result of requests and damages, known and unknown, doubtful and uns which is not suspected, disclosed and not disclosed or in any way in connection with such disputes.

13. The relationship of the parties.

The Service User and we are independent contractors and nothing in this agreement will create any partnership, joint venture, agent, franchise, sales representative, or employment relationship between us. The Service User of the service shall not have the authority to make or accept any offer or representation on our behalf to reach an agreement. This Agreement shall not create an exclusive relationship between the Service User and us. Nothing is express or mentioned in or implied from this agreement for or shall be understood to provide to any person other than the parties to this Agreement any legal or fair rights, remedies, or claims that follow or relate to this agreement. This Agreement and all statements, warranties, covenants, conditions, and provisions of this agreement are for the sole and exclusive benefit between the Service User and us. The Service User shall be solely responsible for all obligations relating to the use of any third-party services appointed by the Service User.

The user of the service must refrain from any acts or omissions, which may result in administrative fines or prosecutions, especially when related to corruption of third parties assigned by the Service User. The Service users are obliged to take necessary measures to avoid violations.

If there is any indication of a breach from the Service User or a third-party, we are entitled to request written information about the breach and the actions of the Service User, a third party for immediate remedies.

In case of breach of any of the above obligations, the User must immediately terminate such action and pay compensation for all damages caused by the breach, and/or we are entitled to terminate in writing without prior notice.

14. Revision

We may change or modify the agreement at any time and the agreement is effective immediately.

(a) for legal, regulatory, fraudulent, and abusive reasons or security reasons;

(b) Change existing features or add additional features to the Service (if this does not seriously affect the use of the Services by the service user);

(c) Restrict products, or activities that we believe are unsafe, inappropriate or offensive.

The service user continues to use the Service after the effective date of any changes to this agreement that will constitute the Service User's acceptance of such change. If any changes are unacceptable to The Service User, the Service User agrees not to use the service and announces the cancellation.

15. Force majeure

The service provider shall not be liable for any delay or failure to hand over the handover product when such delay or failure is caused by force majeure events. If a Power Majeure Event occurs, the handover time will be extended until the event is un Majeure. Regardless of the contrary provisions, the Service Provider shall have the right, at any time during and after a force majeure event, to cancel a transaction or any part of a transaction without liability.

16. Other services

We are customized to fit the needs of each Service User. We will provide a separate agreement and invoice to pay for each of these other services. Users of the service are solely responsible for providing accurate and complete information and paying the fees and costs for this service. We are not responsible for any delays or any issues caused by The service user, Third parties, or state agencies affecting the delivery of services.