When issues arise in entrusted agency import, who should bear the responsibility?
Solved#Import agent#
I hired an agency company to import a batch of goods for me, but the goods were damaged during transportation, and there were delays in customs clearance procedures. I signed an entrusted agency import contract with the agency, but the liability division clause isn’t clearly specified. Now I’m stuck—in this situation, should I be responsible, or should the agency company? How can liability be determined?
Professional consultant answers
Michelle ChenYears of service：3Customer Rating：5.0
Business coordination consultantConsult
When problems occur in entrusted agency import, liability attribution requires specific analysis. First, review the contract terms. Although your contract lacks clear liability division, industry practices and legal regulations can be referenced. If goods are damaged during transportation and the agency arranged the transport, they should be liable if the damage resulted from their fault (e.g., choosing an unreliable carrier). If you arranged the transport, you bear the responsibility. For customs delays, if the agency handles clearance and delays occur due to their errors (e.g., untimely document preparation or incorrect declarations), they should compensate for additional costs like storage fees. If delays stem from force majeure (e.g., policy changes), both parties may negotiate shared responsibility. In short, liability should be determined fairly and reasonably based on actual circumstances.
Emily LiuYears of service：10Customer Rating：5.0
Settlement and payment expertConsult
Generally, if the agency made operational mistakes (e.g., failing to hire the requested carrier), they should be liable. But for unforeseeable incidents like sudden port strikes, neither party may be at fault, and losses would require negotiation.
Andrew HuangYears of service：7Customer Rating：5.0
Supply chain optimization expertConsult
Assess whether the agency fulfilled its duties, such as promptly notifying you of issues or handling emergencies properly. If they failed, they should be liable for the damage and customs delays.
William YangYears of service：5Customer Rating：5.0
International logistics consultantConsult
If the transport carrier caused the damage, file a claim with them first. For customs delays, delayed document submission by you means greater liability on your part; delays by the agency shift liability to them.
James LiuYears of service：10Customer Rating：5.0
Foreign trade tax refund consultantConsult
If the agency has professional qualifications and a good industry reputation, they typically follow standardized procedures. In case of issues, they may proactively assume responsibility to maintain their reputation.
David LiYears of service：6Customer Rating：5.0
Senior customs declaration consultantConsult
If damage or delays stem from supplier issues (e.g., inadequate packaging causing transport damage), the supplier may share liability, depending on specifics.
Amanda YangYears of service：3Customer Rating：5.0
Cost control consultantConsult
Legally, if the agency breached basic duty of care, leading to import problems, they should be liable. Consult a lawyer to clarify legal boundaries.
Joseph ZhouYears of service：10Customer Rating：5.0
Senior foreign trade managerConsult
Refer to similar industry cases for liability division precedents. Industry associations can also mediate to determine responsibility.
Jennifer WangYears of service：4Customer Rating：5.0
Market development consultantConsult
Communication matters too. If one party actively resolves issues while the other doesn’t cooperate, the uncooperative party may bear greater liability.