TRANSPORTATION AGREEMENT
This AGREEMENT (Agreement) is made on ___th day of _____, 200-- by and between Transporter Corp. [운송업자],a corporation organized and existing under the laws of [운송업자 설립준거법], with its principal office at [운송업자 주소] (Carrier) and Goods Inc.,a corporation organized and existing under the laws of the Republic of Korea, with its principal office at , Korea (GI).
NOW, THEREFORE, in consideration of covenants and mutual premises herein the
parties agree as follows:
1. In accordance with GIs instruction, Carrier shall call for Shipments of precious metal, currency, coins, bullion, securities, bonds, share certificates, and other items of unusual value (Precious Property) at such locations and times as may be mutually agreed upon by the parties, shall store, guard and shall transport and deliver the Shipment in same condition to a designated consignee at such time and place as is mutually agreed upon by the parties. A Shipment shall mean an Item or Items of Precious Property collected at any one place at any one time which is or are for consignment for delivery to a single consignee in accordance with GIs instruction. An Item shall mean any pallet, container or receptacle of any kind used to hold the Precious Property to be transported or, where bars of bullion or precious metal are being transported un-packaged, as is common market practice, an Item shall mean a single bar.
2. GI shall pay Carrier for its services performed under this Agreement at rates agreed upon by the parties from time to time.
3. Carrier agrees to assume entire liability for any damage to or loss of (each, a loss) any Shipments, Shipment, or part thereof, up to the amount of USD TWO HUNDRED MILLION ($200,000,000). Carrier shall be liable for any loss and damage on Shipment once such Shipment or any part thereof comes under Carriers control and custody. A signed receipt of Carrier shall be deemed conclusive evidence of such custody of Shipment by Carrier. Carriers liability on the Shipment shall be terminated when the same has been delivered to and received by a designated consignee of GI. A signed receipt of GI or GIs designated consignee shall be deemed conclusive evidence of Carriers proper delivery of Shipment.
4. The value of any loss relating to Shipments of currency shall be face value as declared by GI or GIs shipper. Value of precious metal Shipments shall be determined by (i) the first London Market fixing price of such precious metal on the day following the day on which the loss was discovered and reported to GI by Carrier, or the day following the day on which the loss was discovered and reported by GI to Carrier multiplied by the applicable weight which is declared by GI at the time when GI assigns transportation of Shipment of Precious Property to Carrier and (ii) any premium value which, as a reasonable industry practice, would also be included in determining such value of precious metal.
5. GI agrees that, where Precious Property is packed into sealed package or container, Carrier |
2008.04.18
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