In theEquipment ImportsIn business operations, determining the responsible party for agency fees requires comprehensive consideration of three core elements:International trade term agreements,Negotiation positions of buyers and sellersandIndustry practicesAccording to the General Administration of Customs latest 2025 statistics, 65% of import agency fee disputes in the past three years stemmed from unclear contract terms.
Typical equipment import agency fees include the following components:
Criterion 1: Trade term application rules
Criterion 2: Effectiveness of special contract provisions
The 2025 revised Model Clauses for International Trade Contracts clearly stipulates that buyers and sellers may specify through supplementary agreements:
Criterion 3: Industry practice reference values
According to the 2025 International Trade Arbitration Case Database, agency fee disputes mainly occur in the following scenarios:
It is recommended to include a HS Code Dual-Signature Confirmation Mechanism in contracts, clearly specifying dispute resolution timelines
Adopt Regulatory Warning Clauses to clarify responsibilities for sudden policy changes
It is recommended to purchase transportation insurance and include force majeure exemption clauses
For small and medium-sized importers, CIP terms are recommended, which can lock in over 70% of costs
Require agency companies to provide tiered quotations, distinguishing between basic services and value-added services
Compliance costs can be reduced by 3-8% through RCEPs origin accumulation rules
Case 1: Dispute over transportation surcharges for precision instruments
A German equipment import contract failed to specify the party responsible for anti-vibration transportation fees. Based on INCOTERMS2025 interpretation, it was ruled that such fees belong to special transportation requirements and should be borne by the buyer who requested them.
Case 2: Dispute over used machinery filing agency fees
Due to the sellers failure to truthfully disclose the equipments service life, import filing agency fees increased by 230,000 yuan. The arbitration tribunal ruled that the seller should bear the additional costs according to Article 35 of the CISG.
Through scientific cost allocation mechanism design and professional agency service selection, import enterprises can reduce agency fee dispute risks by over 60%. It is recommended to conduct full-process cost simulation calculations with professionalforeign tradeagency companies before contract signing, establishing clear responsibility boundaries and emergency response plans.
? 2025. All Rights Reserved. Shanghai ICP No. 2023007705-2 PSB Record: Shanghai No.31011502009912