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Import Agreement
"I need an import agreement for purchasing 500 metric tons of raw materials from China, with delivery within 60 days, payment terms of net 30, and compliance with Incoterms 2020."
What is an Import Agreement?
An Import Agreement outlines the terms and conditions between a Filipino buyer and an international seller for bringing goods into the Philippines. It covers essential details like product specifications, pricing, delivery schedules, and payment terms while ensuring compliance with the Bureau of Customs regulations and the Tariff and Customs Code.
These agreements protect both parties by clearly defining their rights and responsibilities, including who handles import duties, customs clearance, and documentation requirements. For regulated items under Philippine law, the agreement must also address specific permits from agencies like the Food and Drug Administration or the Department of Trade and Industry.
When should you use an Import Agreement?
Use an Import Agreement when bringing goods into the Philippines from international suppliers, especially for high-value items or regular shipments. This agreement becomes essential for businesses importing raw materials, finished products, or specialized equipment that requires specific handling, customs clearance, or regulatory compliance.
The timing is crucial - draft and sign the Import Agreement before placing orders or making payments. This protects your interests during supply chain disruptions, quality issues, or customs delays. It's particularly important when dealing with new suppliers, regulated products like food or pharmaceuticals, or when special permits from Philippine government agencies are needed.
What are the different types of Import Agreement?
- Agreement For Import Of Goods: Basic form covering one-time or periodic shipments of specific products
- Contract Import Export: Comprehensive agreement covering both import and export operations
- Exclusive Importer Agreement: Grants sole rights to import specific products into the Philippines
- Import Agency Agreement: Authorizes an agent to handle import transactions on behalf of the principal
- Import Licensing Agreement: Focuses on intellectual property rights and licensing for imported products
Who should typically use an Import Agreement?
- Filipino Importers: Companies or individuals who purchase and bring foreign goods into the Philippines, responsible for contract negotiations and compliance
- Foreign Suppliers: Manufacturers or exporters who sell products to Philippine buyers and handle shipping arrangements
- Customs Brokers: Licensed professionals who facilitate customs clearance and ensure compliance with import regulations
- Legal Counsel: Attorneys who draft and review Import Agreements to protect clients' interests and ensure regulatory compliance
- Government Agencies: Bureau of Customs and other regulatory bodies that oversee import processes and enforce compliance requirements
How do you write an Import Agreement?
- Product Details: Compile exact specifications, quantities, quality standards, and packaging requirements for imported goods
- Supplier Information: Gather complete business details, licenses, and track record of the foreign supplier
- Import Requirements: Check Bureau of Customs regulations and secure necessary permits for your specific products
- Payment Terms: Define payment method, currency, schedule, and bank arrangements
- Shipping Details: Specify delivery terms, Incoterms, insurance requirements, and timeline expectations
- Compliance Check: Review Philippine import regulations and industry-specific requirements before finalizing
What should be included in an Import Agreement?
- Party Details: Complete legal names, addresses, and tax identification numbers of importer and supplier
- Product Description: Detailed specifications, quantities, quality standards, and packaging requirements
- Payment Terms: Price, currency, payment schedule, and documentary requirements
- Delivery Terms: Incoterms, shipping arrangements, insurance, and timeline commitments
- Compliance Clauses: References to Philippine customs laws, import permits, and regulatory requirements
- Risk Allocation: Liability limits, warranties, force majeure, and dispute resolution procedures
- Termination Rights: Conditions for contract termination and consequences of breach
What's the difference between an Import Agreement and an Agency Agreement?
An Import Agreement differs significantly from an Agency Agreement, though they're often confused in international trade. While both deal with business relationships, their core purposes and structures serve distinct needs in the Philippine market.
- Agency Agreement: Establishes a relationship where one party acts on behalf of another, often handling multiple transactions or ongoing business activities
- Scope of Control: Import Agreements focus on specific goods and transactions, while Agency Agreements grant broader authority to represent and make decisions
- Duration: Import Agreements typically cover specific shipments or periods, whereas Agency Agreements often establish longer-term relationships
- Legal Obligations: Import Agreements primarily address customs compliance and delivery terms, while Agency Agreements focus on fiduciary duties and representation rights
- Risk Distribution: Import Agreements allocate risks between buyer and seller directly, while Agency Agreements manage risks between principal and agent
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