According to the latest customs data for 2025, cases of import disputes involving mechanical and electrical equipment have increased by 37% year-on-year, with 68% of these cases stemming from design flaws in contractual terms. A manufacturing enterprise, due to issues in the agreement...Technical parameter description is missing.The real case, where imported precision machine tools failed to pass commodity inspection, resulting in 1.2 million yuan in demurrage fees, highlights the importance of drafting professional agreements.
Core Terms Breakdown Guide
A standardized equipment agency import agreement should include the following key modules:
Subject Matter Clause
ISO Standard Naming Convention for Equipment Models
Triple verification mechanism for technical parameters
Random Accessory List Confirmation Process
Price Structure Terms
Selection Strategy for FOB and CIF
Exchange Rate Fluctuation Compensation Mechanism
Payment milestones for advance payment and final payment
New Changes in 2025 Delivery Terms
According to the latest version of the International Chamber of Commerce's "Incoterms," special attention should be paid to equipment imports:
Adjustment of Inspection Standards at Destination Port (Effective January 2025)
The declaration time limit for hazardous materials transportation has been shortened to 72 hours.
The scope of force majeure recognition has been expanded.
The Fatal Blind Spot in Acceptance Clauses
A certain biopharmaceutical company neglectedAgreed trial operation period, resulting in the imported equipment being left idle for three months without being put into operation. It is imperative that the agreement explicitly states:
Acceptance Test Environment Standards
Allowable range of performance deviation
Designated third-party testing agency
Tips for Designing Breach of Contract Clauses
By comparing typical dispute cases from 2018 to 2025, we have summarized a three-tier liability for breach of contract system:
Level 1: Calculation Method for Delay Delivery Penalty
Level 2: Quality Defect Remediation Plan
Level 3: Termination Conditions for Fundamental Breach
Three essential checks before signing the agreement
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