Five critical considerations before signing an import equipment foreign trade agency agreement

The legal validity boundary of the import equipment agency agreement

Under the framework of the new version of the International Trade Agency Regulations in 2025, equipmentImport RepresentationThe agreement must be clearly defined.Dual legal subject relationshipThe principal should pay special attention to:

• The scope of agency authority must be specified to the HS code classification.
• The responsibility for customs declaration should distinguish between the main body of the equipment and its accessories.
• The intellectual property warranty clause should include an explanation of territorial restrictions.

Hidden risk points in the cost clause

After the implementation of the Tariff Adjustment Plan of the General Administration of Customs in 2025, the cost clauses in the agency agreement need to include:

• Step - by - step tariff prepayment mechanism
  • Basic tax rate part (main body of the equipment)
  • Additional tax rate part (premium for technical parameters)
• Exchange rate fluctuation compensation clause
• Calculation standard for customs clearance demurrage

Compliance agreement on technical parameters

Regarding the Electromechanical that came into effect in 2025equipment. For example, Indonesia has the SNI certification, Thailand has the TISI certification, and the Philippines has the BPS certification. It is necessary to confirm in advance the equipment voltage (such as 380V/50Hz in Thailand), the compatibility of the CE certification, and the proof of environmentally friendly materials.Technical Specifications, the agreement must include:

• Equipment parameter verification mechanism
  • The right to choose a third - party testing institution
  • Compensation standard for parameter errors
• Delivery time limit of technical documents
• Division of responsibilities during the equipment commissioning period

Typical case: Import dispute of machine tools of a German enterprise

When a certain automobile manufacturer imported precision machine tools in 2024, due to the lack of clarity in the agreementVerification standard for technical parameters21., resulting in:

• The equipment accuracy error exceeds the industry standard by 0.3‰
• Resulting in an additional tariff expenditure of 380,000 yuan
• The production line delay compensation reaches 12% of the total project amount

This case highlights the necessity of refining technical clauses, and the new version of the agreement model in 2025 has listed this as a necessary clause.

Practical design of the dispute resolution mechanism

It is recommended to adoptThree - level dispute handling mechanism:

• Primary negotiation (72 - hour response mechanism)
• Intermediate mediation (intervention of the industry expert committee)
• Final arbitration (agreeing on an arbitration institution in a third country)

The Cross - border Trade Arbitration Convention that came into effect in 2025 stipulates that the choice of arbitration location for equipment - related disputes will affect the enforcement effectiveness. It is recommended to give priority to Singapore or Hong Kong.