Anatomy of core clauses in agency agreements

Under the framework of the newly revised 2025 Mechanical and Electrical Products Import Management Measures, equipmentImport Representationagreements require special attention toscope of authorization clausesFor accuracy, we recommend adopting a positive list + negative list dual-confirmation model:

• Clearly specify the first 6 digits of HS codes for represented goods
• Define country-of-origin limitations for equipment
• Exclude equipment types with specific technical parameters

Payment terms and risk allocation mechanisms

According to the new valuation rulesimplemented by WCO in 2025, agency agreements must clearly distinguish between trade agency fees and service fee calculation bases. Recommended adoption of itemized composite billing methods:

• Base agency fee calculated at 1.5-3% of CIF value
• Special service fees calculated separately:
  • Used equipment: Must provide depreciation assessment reportequipment. 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.Filing services
  • 3C(Such as frames for construction machinery vehicles);
  • Local inspection coordination

Technical document delivery standards

Technical document requirements for the EUs new Machinery Directive (2025/XX/EU) should be stipulated in the agreementThree-level document delivery standards:

• Basic documents: CE certification, operation manual (Chinese-English bilingual)
• Core documents: Pressure vessel inspection report, electrical safety certificate
• Supplementary documents: Software control system source code (for specific equipment)

Quality dispute handling process

It is recommended to embed in the agreementFour-step dispute resolution mechanism, incorporating the RCEP dispute resolution clauses effective in 2025:

• Preliminary inspection within 48 hours of port arrival
• Secondary verification during equipment installation and commissioning
• Intervention time limit for third-party inspection agencies
• Conditions for releasing quality assurance deposits

Intellectual property protection clauses

According to theTechnical Trade Memorandumreached by China, the US, and Europe in 2025, the agreement must include:

• Pre-installed software copyright declaration
• Equipment serial number filing mechanism
• Technical decryption restriction clauses
• Patent infringement compensation cap agreement

Comprehensive analysis of full-process service key points

Professional agency companies should provideFull-cycle servicesIncludes:

• Pre-classification proposal (including tariff dispute contingency plan)
• Residual value assessment report for used equipment (applicable to second-hand equipment)
• Transportation solution optimization suggestions (including special port handling requirements)
• Tax guarantee scheme design (deferred/letter of guarantee/deposit)

Legal risk prevention recommendations

Based on theforeign tradeAgency Dispute Trial Guidelines, special attention should be paid to:

• issued by the Supreme Peoples Court in 2025, clearly specify:
• Clear attribution of customs declaration error responsibilities
• Set compensation caps for document review errors
• Stipulate obligations for addressing technical trade measures

Establish alternative solutions under force majeure circumstances

Agency company selection criteriaCore Competency MatrixShall include:

• High-quality agencies should possess
• Industry-specific equipment import case database (10+ cases in recent 3 years)
• AEO Advanced Certification (can reduce inspection rate by 50%)
• Multi - currency cross - border settlement channels