The balance mechanism of rights and obligations in the agency agreement

Under the framework of the new version of the "Export Management Catalogue for Mechanical and Electrical Products" in 2025, mining equipmentExport Agent ServicesThe agreement needs to focus on improving three core modules:Qualification verification system,Customs clearance coordination mechanism?and?Quality dispute handling processThe equipment supplier should require the agent to provide updated records of international certifications such as CE and ISO 19443, and at the same time, specify the timeframe for notifying changes to equipment parameters.

Key points for the design of risk prevention and control clauses

According to the typical cases published by the International Trade Court in 2024, it is recommended to set up three layers of risk firewalls in the agreement:

• Prepayment Guarantee Clause: Agree to establish a dynamic linkage mechanism between the opening of L/C and the progress of equipment inspection
• Quality liability traceability clause:
  • Clarify the hierarchical effectiveness of factory inspections and third-party inspections
  • The starting point for calculating the warranty period of components
• Force Majeure Identification StandardsDetail the calculation method for compensation for port strikes and transport weight restrictions

Responding to the new export control regulations in 2025

For mines?Equipment Export?Changes to the control list shall be specifically noted in the agreement:

• The obligation to verify the ECCN code of the intelligent control system module
• The special declaration procedure when the content of rare earth materials exceeds 5%
• The update verification cycle of the end-user declaration document

Evaluation Dimensions for Agent Service Provider Selection

High-quality agency service providers should meet four rigid criteria:

• Industry - specific service teamHaving handled export cases of shield machines with a diameter of more than 8 meters
• Global customs clearance networkThere are customs clearance collaboration points in major mining areas such as Chile and the Democratic Republic of the Congo
• Financial supporting capacityProvide structural payment solutions such as equipment mortgage financing
• Legal remedy channelsEstablish an arbitration alternative mechanism recognized by the London Metal Exchange (LME)

Suggestions for handling typical dispute scenarios

Based on the mining equipment export disputes we have handled, we suggest focusing on three key scenarios:

• Technical parameter disputesIn the appendix of the agreement, the detection standards are solidified (for example, the vibration frequency test uses the ASTM D5982-15 method).
• Determination of Transportation Losses：Be clear about itMaritime transportThe industry standard version of fastening and reinforcement (such as the 2024 edition of the CSC Convention)
• intellectual property disputesIt is required that the agent provide a patent search report for the target countries (especially for utility model patents in South Africa and Australia).

In the current market environment where global mining equipment demand has increased by 12% (data source: MMG 2025Q1 report), choosing an agent service provider with professional expertise and designing rigorous contract terms can effectively reduce the probability of trade disputes by more than 30%. It is recommended that enterprises must verify the agent's customs AEO certification status and mining association membership qualifications before signing the agreement to ensure full-process compliance operations.