船舶代理人无单放货侵权责任的认定（The shipping agent without identification of tort liability of delivery of goods）.docVIP

船舶代理人无单放货侵权责任的认定（The shipping agent without identification of tort liability of delivery of goods） Shanghai maritime court The building Chinese Import Export Corporation The China Lianyungang ocean shipping agency abstract Between the 1. outsiders purchase agreement In September 25, 2001, Lianyungang Hong Kong Ming Trading Company (hereinafter referred to as the Hong Kong Ming Industrial) and Guangzhou city Whampoa　 East Guangdong factory (hereinafter referred to as the East Guangdong factory) signed a purchase agreement, the former for the buyer, the seller. The contents of the contract: 1. contract goods: the former to the latter to buy 10 thousand tons of Australia from smelter grade alumina; 2. contract payment: net 10 thousand tons of goods port fee, inspection fee, customs tax and other expenses after the payment of about 13 million 500 thousand yuan; 3. customs inspection: the former agent for the inspection and clearance of goods. The foreign trade agency agreement between the plaintiff and the outsiders 2. case (1) a foreign trade agency agreement On September 14, 2001, the plaintiff and the East Guangdong factory signed a number of agency agreement XY-BSQ-2995. The contents of the agreement: the plaintiff agent of East Guangdong aluminum imports 10 thousand tons of alumina, the amount of $1715350. (2) the principal obligation East Guangdong factory as the foreign trade agency agreement of the client, its obligations as follows: 1. responsible for on behalf of the plaintiff to handle import customs clearance; 2. to provide the plaintiff of the plaintiff, and the amount of credit payable to the actual payment amount qualified import declaration original; 3. before issuing the total amount of foreign trade contract 10% security deposit into the designated account of the plaintiff, the balance shall be paid within 2 days after receiving the notice of payment, and to ensure that the letter of credit in the actual payment 2 days prior to the payment account. (3