Anatomy of Key Clauses in the Agency Agreement

Under the framework of the newly revised "Administrative Measures for the Import of Electromechanical Products" in 2025, equipmentImport RepresentationThe agreement requires special attention.Authorization Scope ClauseThe accuracy of. It is recommended to adopt a bidirectional confirmation model of "positive list + exclusion list":

• Clearly specify the first 6 digits of the HS code for the agency products.
• Limit the country-of-origin scope of the equipment
• Exclude equipment types with specific technical parameters

Payment Terms and Risk Allocation Mechanism

According to the World Customs Organization's implementation in 2025,New Valuation RulesThe agency agreement must clearly distinguish the calculation basis for trade agency fees and service fees. It is recommended to adopt a composite billing method with itemized breakdowns:

• The basic agency fee is calculated at 1.5-3% of the CIF value.
• Special service fees are accounted for separately:
  • Used equipment: Must provide depreciation assessment reportEquipment ImportsFiling service
  • 3C(Such as frames for construction machinery vehicles);
  • Territorial Inspection Coordination

Technical Document Delivery Standards

Regarding the technical documentation requirements of the EU's new Machinery Directive (2025/XX/EU), the agreement shall stipulateLevel 3 Document Delivery Standards:

• Basic documents: CE certification, operation manual (Chinese-English bilingual)
• Key documents: Pressure vessel inspection report, electrical safety certificate
• Supplementary Documents: Software Control System Source Code (Specific Equipment)

Quality dispute handling process

It is recommended to embed it in the agreement.Four-Step Dispute Resolution Mechanism, incorporating the RCEP dispute settlement provisions that will take effect in 2025:

• Initial inspection within 48 hours after arrival.
• Secondary verification during equipment installation and commissioning phase
• Time limit for third-party inspection agency intervention
• Conditions for Release of Performance Bond

Intellectual property protection clauses

According to the agreement reached by China, the United States, and Europe in 2025,Memorandum of Technical TradeThe agreement must include:

• Pre-installed Software Copyright Statement
• Equipment Serial Number Registration Mechanism
• Technical Decryption Restriction Clause
• Agreed upper limit for patent infringement compensation

Key Points Analysis of End-to-End Service Process

Professional agency companies should provide:Full-cycle serviceIncludes:

• Pre-classification Proposal (Including Tariff Dispute Response Plan)
• Residual Value Assessment Report for Used Equipment (Applicable to Second-hand Equipment)
• Optimization Recommendations for Transportation Plans (Including Special Requirements for Port Loading and Unloading)
• Tax Payment Guarantee Scheme Design (Deferral/Letter of Guarantee/Security Deposit)

Suggestions for Legal Risk Prevention

Based on the Supreme People's Court's release in 2025,foreign tradeGuidelines for the Trial of Agency Disputes, special attention should be paid to:

• Clearly stipulate the responsibility for customs declaration errors.
• Set the upper limit for compensation due to document review errors
• Agreed Obligations for Addressing Technical Barriers to Trade
• Develop alternative solutions under force majeure circumstances.

Criteria for Selecting an Agency

High-quality agentsCore Competency MatrixShall include:

• Case Database of Imported Equipment in Specific Industries (Over 10 Cases in the Past 3 Years)
• AEO Advanced Certification (can reduce inspection rate by 50%)
• Experience in Applying for Pre-Ruling at the Local Customs
• Multi - currency cross - border settlement channels