This MOBITREKS B2B Marketplace MOBITREKS LOGISTICS AND WAREHOUSE SERVICE AGREEMENT（“Agreement”）is entered by and between the MOBITREKS contracting operator identified in an executed service order (“MOBITREKS”), the operational support provider identified in that service order and you, and effective as of the date you accept this Agreement (“Effective Date”).
Article 1 Scope of Service
1. MOBITREKS shall provide you with services such as logistics, warehousing, tally, packing, sorting, labeling (marking), delivery and etc.
2. MOBITREKS shall provide trading platform for you, and provide logistics and warehouse service for the orders generated therefrom.
3. You confirm and agree that for the commodities obtained through the MOBITREKS B2B Marketplace, you shall pay the storage fee (“Warehousing Service”) according to the charging standard specified in Buyer Storage Fee Policy.
4. If you make purchases on MOBITREKS B2B Marketplace and pay in full relevant general logistics expenses under such orders, you shall be deemed to have automatically accepted the logistics service provided by MOBITREKS. (“Logistics Service”)
5. The operational support provider, its legal identity, location and responsibilities shall be identified in the separately executed service order. No mainland China office or affiliate is represented as established by this review copy.
6. You agree that the Logistics Service shall be provided by a third-party logistics service provider selected by MOBITREKS and agree to accept and abide by the applicable third-party logistics terms and fulfill the corresponding responsibilities.
Article 2 Fees and Payment Terms
You shall pay all the fees arising from the use of MOBITREKS’s Logistics Service and Warehousing Service. The specific settlement and payment period shall refer to the rules of MOBITREKS B2B Marketplace.
1. Logistics Fees: For the use of logistic services of MOBITREKS, you have the obligation to pay relevant fees to MOBITREKS.
2. Warehousing Fees: For the use of warehousing services of MOBITREKS, you have the obligation to pay relevant fees of warehousing services to MOBITREKS, including storage fees, packing fees and other fees for operations within warehouse.
3. You confirm and agree that all the goods purchased and stored in the warehouse of MOBITREKS shall be used as collateral. When the amount owed by you in any period reaches 100% of the value of the goods in the warehouse, and you still fails to pay after being urged by MOBITREKS, MOBITREKS has the right to dispose of the goods stored in the warehouse of MOBITREKS by itself.
4. For the goods that MOBITREKS has the right to dispose of by itself, the disposal methods include but are not limited to sale, auction, etc. After the goods are disposed of, MOBITREKS is not required to make compensation or indemnity to you.
5. All the above specific charging standards are subject to the public Announcement of MOBITREKS B2B Marketplace.
Article 3 Storage and Shipment of Goods
1. The warehouses of MOBITREKS shall be in line with reasonable storage and transportation conditions, and shall be equipped with rain-proof, dust-proof, flood-proof, damp-proof and fire-fighting facilities and lighting, etc. MOBITREKS shall be responsible for safety, fire protection and security inside and outside the warehouses.
2. MOBITREKS shall ensure that the storage conditions meet the industry standards and the work procedures comply with safety compliance requirements. Provided that the above conditions are guaranteed by MOBITREKS, MOBITREKS shall not be responsible for compensation for the loss of goods caused by other reasons, including but not limited to the damage, deterioration, damp, rust caused by unsound packing structure and long-term stacking, and the battery spontaneous combustion. If the warehouse equipment and other stored products are damaged due to reasons attributable to product quality, you shall be liable for compensation.
3. MOBITREKS accepts your entrustment and provides relevant warehousing area. The quantity of goods for warehousing and shipment of you during the storage period shall be subject to MOBITREKS’s count and confirmation.
4. When the consignee is designated by you, the shipment and distribution of the goods shall be inspected by MOBITREKS and you or the consignee designated by you based on the delivery instruction. If there is any inconsistency between the goods on the acceptance sheet and the actual goods, MOBITREKS shall not be responsible for it.
5. MOBITREKS shall ship the goods according to the orders placed by you on MOBITREKS B2B Marketplace. Except for the orders on the Marketplace, MOBITREKS will not accept any delivery notice given orally by any person without the authorization of MOBITREKS.
Article 4 Claim
1. If the goods are lost in warehousing due to the responsibility on MOBITREKS Marketplace, MOBITREKS shall compensate according to the rules specified in MOBITREKS Fulfillment Service Compensation Guide.
2. When the goods are transported out of warehouse, if the goods are damaged due to MOBITREKS’s fault, you shall, within 3 Business Days after the goods are delivered (if the goods are not delivered, it shall be within 60 days from the date of shipment of the goods), initiate a written claim for the specific or determinable amount. Supporting documents must be submitted with the claim, including but not limited to the terminal sales invoices, waybills, and other documents that can prove the causality and value of the property loss. MOBITREKS shall process the claim within 120 days after receiving the claim and relevant supporting documents. Whether to make compensation and the amount of compensation shall be decided according to your specific conditions. The compensation limit of MOBITREKS for the logistics losses is the lower of US$100 per parcel and the trading price on the MOBITREKS B2B Marketplace.
3. MOBITREKS will not be responsible for the loss or damage of goods due to force majeure (such as earthquake, typhoon, snowstorm, lightening, strike, war, etc.).
4. If you do not initiate a lawsuit within 200 days after the claim is rejected, MOBITREKS shall not be responsible for it any more.
5. MOBITREKS will not be responsible for the quality problem or natural damage, etc. caused by the nature or package of your goods.
6. If any accident happens to warehouse and triggers the insurance indemnity, MOBITREKS shall not be directly responsible for it. MOBITREKS shall submit claim application to the insurance company in a timely manner, and compensate you according to the insurance indemnity after being compensated.
7. The specific standard of compensation is subject to the announcement on the MOBITREKS B2B Marketplace, and the Marketplace reserves the right to update the standard of compensation. If there is any change to the standard, the Platform will give a notice at least 15 Business Days in advance.
Article 5 Liability for Breach of Contract and Termination of Contract
1. If the three parties do not renew this Agreement upon expiration or this Agreement is terminated earlier, you shall remove, on the termination date, all the goods stored in MOBITREKS’s warehouse without damaging the warehouse or affecting MOBITREKS’s normal operation. If you fail to remove the goods on the termination date of this Agreement, you shall pay MOBITREKS for storage fee according to MOBITREKS’s quotation. If you fail to remove its goods for more than 10 calendar days, MOBITREKS shall have the right to dispose all the goods on its own (including but not limited to sale, auction, etc.) without any compensation or indemnity to you, and you shall bear all the expenses and costs incurred by MOBITREKS.
Article 6 Force Majeure
In the event that all or any part of this Agreement is unable to be performed or is delayed to be performed due to force majeure, the affected party shall immediately notify the other two parties of the force majeure and provide a detailed report so that the three parties can solve the problem through coordination.
Article 7 Notices and Delivery
1. For the purpose of notice, the contact information of the three parties is set forth at the signature of the three parties; in addition, the Platform Account which may be used for login in the Platform and receipt of station and system message, obtained by you upon registration as a Platform user, shall be deemed as the valid contact information of you.
2. The delivery date of various written notices set forth in this Agreement shall be determined as follows: (a) notices sent by personal delivery shall be deemed to have been delivered on the date when the receiving party signs for receipt or such notices are left at the delivery address agreed upon by the receiving party; (b) notices sent by registered mail, prepaid postage or commercial courier service shall be deemed to have been delivered on the date when the notices are received, refused or returned for any reason at the agreed delivery address; (c) notices sent by facsimile, email, Platform Account information and other electronic means shall be deemed effectively delivered on the date of successful transmission.
3. If there is any change to the mailing address or number of any party, such party shall notify the other two parties five (5) Business Days prior to the occurrence of such change. If the changing party fails to notify the other parties in a timely manner, the written notices sent by the other parties to the address, email and facsimile prior to the change shall be deemed effectively delivered.
Article 8 Governing Law and Dispute Resolution
1. The execution, effectiveness, interpretation, amendment, supplement, termination and enforcement of this Agreement and the dispute resolution shall be governed by the laws of Hong Kong Special Administrative Region of the People’s Republic of China; where there is no relevant provision in laws, business practices and/or industry practices shall be referred to.
2. In the event of any dispute arising out of or in connection with this Agreement, the three parties shall make their best efforts to resolve it through friendly negotiation. Any dispute, controversy, difference or claim arising from or in connection with this Agreement, including the existence, validity, interpretation, performance, breach or termination thereof or any non-contractual dispute arising from or in connection with this Agreement, shall be submitted to the court with competent jurisdiction in the place where Party C is located for settlement.
Article 9 Miscellaneous
1. This Agreement takes effect from your "Online Click Confirmation" on MOBITREKS B2B Marketplace and shall continue to be binding upon the three parties, unless otherwise terminated or rescinded as agreed herein.
2. The text of this Agreement and the Platform Service Agreement and all Platform Rules are to be considered as part of this Agreement. The Platform Rules shall be an integral part of this Agreement and shall have the same legal effect as the text of this Agreement.
3. This Agreement shall serve as a supplementary agreement to the Platform Service Agreement and the MASTER AGREEMENT. Matters not provided herein shall be governed by the Platform Service Agreement and the MASTER AGREEMENT. In the event of any inconsistency between this Agreement and the Platform Service Agreement and the MASTER AGREEMENT, this Agreement shall prevail.
4. If any provision of this Agreement is deemed to be void, invalid or unenforceable for any reason, such provisions shall be deemed severable and shall not affect the validity or enforceability of any of the remaining provisions.
5. Nothing in this Agreement nor any action taken by a party under this Agreement shall be deemed to constitute a partnership between or among any of the parties, nor shall it be deemed to make the party to be the agent of any other party for any purpose.
6. The failure to exercise or any delay in exercising any right or remedy stipulated in this Agreement or laws shall not impair or waive such right or remedy or be deemed to impair or waive any other right or remedy. The single or partial exercise of any right or remedy stipulated in this Agreement or laws shall not prevent any further exercise of such right or remedy or the exercise of other right or remedy.
7. No person other than the three parties hereto shall have any right under the Contracts (Rights of Third Parties) Ordinance (Chapter 623 of the Laws of Hong Kong) (the “Third Party Rights Ordinance”) to enforce or enjoy the benefit of any provision of this Agreement.