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Posted By:  IRON ORE PHILIPPINES CONTRACT

Post Response --- Flag message: Spam - Miscategorized - Scam

Date:           Sun Oct 24 19:20:00 2004

In Response To: Re-byers-terry towels or terry made-ups

SALE OF PHILIPPINES IRON ORE CONTRACT
www.chensihong.org
chensihong@chensihong.org
chensihong@cableplus.com
Dated:
PURCHASE AGREEMENT FOR THE SALE OF IRON ORE

THE SELLER:
Represented by:
a)
b)
With
c) Presiding for World Market.

THE BUYER: ________________________________________
Represented by:
a)
b)
CONTRACT VALIDITY DATE:
To remain valid, this Contract must be signed and the Proof of Funds given to the seller on or before November 8, 2004.
SELLER:
Address:
Phone/ Fax:
E-mail:
Represented by:
Address: Vancouver, British
Columbia, Canada.
Tele/Fax 1-604-
Mobile Ph 1-604-
SELLER BANKING DETAILS:
Name of Bank:
Account Number:
Swift Number:
Attn: Manager of Bank:
BUYER BANKING DETAILS
Bank Name:
Name of Account:
Account Number:
Swift Code:
Attention (Bank Manager):
Tel. Number:
Fax Number:
ALL LETTERS OF CREDIT TO BE FORWARDED - AS INDICATED BELOW
SELLER:
Bank Name:
Name of Account:
Account Number:
Letters of Credit:
Phone:
Fax:
Swift code:
Bank Representatives:
This contract is made by and between the Buyer and the Seller whereby the Buyer agrees to buy and the Seller agrees to sell the iron ore as specified in Clause 1, on the terms and conditions as stated below:
CLAUSE 1: NAME OF COMMODITY and PRICE
Name of commodity: 64.5% Fe Iron Ore Lumps
Price: FOB price US$39.9/MT Philippine port;
CNF price US$59.9/MT China port of at least 16 meters draft; price
subject to prevailing shipping rate at time of contract signing.
Country of Origin: Philippines
Port of Loading: Ozmena Port (or any other Philippine Port of draft 16 meters or more).
Port of Destination: Safe port of at least 16 meters draft any safe port in the Peoples Republic of China
CLAUSE 2 DELIVERY PERIOD AND QUANTITY
Quantity:
First shipment: DMT 50,000MT/SHIPMENT (+/- 10%) of 64.5% Iron Ore. PARTIAL SHIPMENTS OF 25,000 MT X 2 ALLOWED, FORTY-FIVE DAYS TO SIXTY DAYS (45 days to 60 days) AFTER OPENING DLC FOR THE SHIPMENT.
Subsequent Shipments Schedule:
Second and Following Shipments subject to mutual approval by both the buyer and the seller after the completion of the trial shipments.
Second and Third Shipments Each of 50,000MT and 100,000 MT/SHIPMENT +/- 10%, partial shipments of 25,000 MT each shipment allowed, to be effected within 30 days to a maximum of 45 days from the date of establishing a DLC for the payment of each monthly shipment.
. Fourth to Twelfth shipments each 200,000 MT/month Each +/- 10%, partial shipments of 50,000 MT each allowed, to be effected within 30 days to a maximum of 45 days from the date of establishing a DLC for the payment of each monthly shipment
Second year contracted monthly shipments of 200,000 MT to 300,000 MT per month +/- 10% partial shipment allowed, to be effected within 30 days from the date of establishing an LC. Subject to evaluation of the previous performances by both buyer and seller.
Third year contracted monthly shipments of 300,000 MT per month to 500,000 MT (+/- 10% partial shipments allowed, to be effected within 30 days from the date of establishing an LC. Subject to evaluations of the previous performances by both buyer and seller.
CLAUSE 3: SPECIFICATIONS CHEMICAL (on dry basis)
Fe: 64.5% Max
SiO2: 0.8 % Max.
Al2O3: 0.33% Max.
P: 0.05% Max.
S: 0.09% Max.
PHYSICAL (on natural basis)
Size: 0.010 mm to 250.0 mm +/-20% (first shipment)
0.010 mm to 50 mm +/- 10% subsequent shipments
Moisture content 8% at 105 deg. C
CLAUSE 4: PRICE
__________________________________________________________________ United States Dollars (US$__________________________/MT) CNF China Port, per Dry Metric Ton (DMT).
CLAUSE 5: PRICE ADJUSTMENT
Price adjustment
(a) The base price should be increased by USD 0.2188 Per DMT for each 1% Fe above 64.5%, fraction pro-rata.
(b) The base price should be decreased by USD 0.4376 per DMT for each 1% Fe below 64.5%, fraction pro-rata.
(c) The Buyer has the right to reject the cargo if Fe content is below 63.5%.

The results presented by SGS/Philippines with regard to Fe content should match up CIQ analysis results at port of discharge (China Quindao Port).
Any discrepancies between the SGS and CIQ reports, should be settled either through negotiations between the butyer and the seller for settlement, and/or considerations of the penalties and bonuses (see Clause 4), OR as mutually agreed upon between the SELLER and the BUYER (see further provisions in Clause 6).
B) For Other Elements
If the delivered commodity does not meet any of the chemical specifications other than Fe provided in Clause 3 as finally determined in accordance with the provisions of Clause 4, the base price shall be decreased or encreased as follows, fraction pro rata:
1. For excess Phosphorus
Price will be decreased at the rate of 3 (three) US cents per dry metric ton for each 0.01% in excess of 0.05%; and increased by 3 (three) US cents for each 0.01% below 0.05%.
2. For excess Sulphur
Price will be decreased at the rate of 3 (three) US cents per dry metric ton for each 0.1% in excess of 0.19%; and increased by 3 (three) US cents for each 0.1% below 0.19%.
3. For excess Silica
Price will be decreased at the rate of 3 (three) US cents per dry metric ton for each 0.1% in excess of 0.8%; and increased by 3 (three) US cents for each 0. 1% below 0.8%
4. For excess Alumina
Price will be decreased at the rate of 3 (three) US cents per dry metric ton for each 0.1% in excess of 1.33%; and increased by 3 (three) US cents for each 0.1% below 1.33%.
CLAUSE 6: PAYMENT
Buyer shall provide payment by Confirmed, Irrevocable, Transferable and Operative Letter of Credit in favor of the Seller within five calendar days after the signing of this contract.
All export charges; the Seller shall pay fees, levies and duties on cargo in full. Similarly, all import charges, fees, levies and duties on cargo shall be paid in full by the Buyer.
This invoice is to be based on SGS and CIQ certificate as provided in Clause 9 and Clause 10, issued within 30 (forty) days after the cargo was fully discharged at the discharging port. If umpire analysis required payment adjustment, this will be made when the umpires certificate is available. In case analysis is not carried out at the discharging port within 40 (forty) days after completion of discharge in China, or if advising bank did not receive original CIQ certificate by the 10th (tenth) business banking day prior to the Letter of Credit Expire Date, the loading port quality and weight certificate(s) shall form the basis for the final invoice.
CLAUSE 7: DOCUMENTS
The Seller shall provide the Buyer directly or through the Sellers bank the following documents:
1. Completed set of Clean on Board marine Bill of Lading consigned to advising bank (Sellers Bank) for further title transfer to the Buyer, marked Freight prepaid.
2. Provisional invoice in 3 (three) originals indicating contract number, Letter of Credit number, and the name of carrying vessel.
3. Certificate of Quality of contracted goods in 1 (one) original and 2 (two) copies issued by SGS, Philippines. Certificate of Quality shall show actual result of the test of chemical composition.
4. Certificate of Weight of contracted goods in 1 (one) original and 2 (two) copies issued by SGS, Philippines.
5. Certificate of Origin in 1 (one) original and 2 (two) copies detailing the name of commodity, loaded quantity, and the name of carrying vessel.
In case CIQ certificate(s) is/are not received by the advising bank within 10 (ten) days from the date of the vessel discharge, the Seller is entitled to raise the final invoice on the basis of the loading port analysis and claim relevant payment.
CLAUSE 8: WEIGHING
At the loading port, SGS (Philippines), at the Sellers expense, shall determine the weight of the shipment of iron ore by draft survey. The weight of ore as ascertained and certified, together with analysis certificate issued by SGS Philippines, shall form the basis for provisional invoice.
SGS Philippines shall take a samples from shipments and divide it into three parts, one for the Buyer, the second for possible need of the Seller, and third for possible umpire analysis, which shall be sealed and kept with SGS Philippines.
At the discharging port, CIQ (Peoples Republic of China), at the Buyers expense, shall determine and confirm the weight of the iron ore shipment. The Buyer shall apply for the required Entry-Exit inspection and Quarantine.
CLAUSE 9: SAMPLING AND ANALYSIS
A) At the loading port, the Seller shall at the Sellers expense, appoint SGS Philippines, to determine the specification of ore content in shipment, and shall provide a certificate showing details of the analysis.
At the discharging port, the buyer shall, at the Buyers expense , appoint CIQ who shall take a sample from shipment and divide it into three parts, one for the Buyer, the second for possible need of the Seller, and third for possible umpire analysis, which shall be sealed and kept with CIQ.
CIQ shall analyze the sample for the Buyer within 30 (thirty) days after discharge and issue, and promptly forward to the Seller by airmail a certificate showing details of the analysis and shall provide a certificate of determination.
B) If the difference in percentage in Fe content between loading ports and discharging ports analysis made under paragraph A of this Clause is more than 0.5%, or if there exists a significant difference between the two said analysis in respect to any one or more chemical contents other than Fe, the Seller shall consult with the Buyer to reconcile such differences. If after consultation between the Seller and the Buyer the difference cannot be reconciled, then, at the request of the Seller, the sample shall be analyzed by an umpire mutually agreed upon between the Buyer and the Seller, and the certificate of analysis issued by such umpire shall be final for Fe or relevant chemical content.
C) If no determination of analysis is exercised at the discharging port, then, analysis certificate of SGS Philippines, at the loading port shall be conclusive as to specification of ore.
D) The weight, sampling and chemical analysis, and screen analysis performed at the discharging port by CIQ shall be for the Buyers account. The cost of umpire analysis shall be against the account of the party whose own analysis differs further from the umpire analysis and if the result of such umpire analysis is the mean of the analysis of the Buyer and the analysis of the Seller, then such cost shall be equally borne by both parties.
Performance bond equals 2% of the FOB value of the shipment shall be by BG through Hong Kong and Shanghai Bank, Manila, Philippines.
CLAUSE 10: ADVICE OF SHIPMENT (FOB contract only)
The Buyer shall, within 10 (ten) working days after Banking Instrument (BG) is validated by the Sellers bank, advise the Seller by fax, of the vessel name, vessel number, vessel tonnage, and other details of the vessel, such as length, depth of draft, number of batches, flags, name of the captain, and estimated time of arrival at port of loading, so the Seller can prepare for loading of cargo.
CLAUSE 11: INSURANCE
Insurance is to be covered by the Buyer. For this purpose, the Buyer shall advise the Seller by fax before the loading of the vessel starts. After the Seller confirms the insurance company, the Buyer can effect the insurance.
CLAUSE 12: FORCE MAJEURE
If at any time during the existence of this contract either party is unable to perform whole of in part any obligation under this contract because of war, hostility, military operation of any character, civil commotions, sabotage, quarantine restrictions, acts of Government, fire, floods, explosions, transportation and industrial accidents, epidemics, strikes, or other labor trouble, embargoes, and any other matter beyond human control or capacity, than the date of any obligation shall be postponed during the time when such circumstances are operation.
Any waiver or extension of time in respect to the delivery of any installment or part of the goods shall not be deemed to be waiver or extension of time in respect to the present ship deliveries. If such circumstances exceed three months, either party will have the right to refuse further performance of the contract, in which case neither party shall have the right to claim eventual damages. The party, which is unable to fulfill its obligations under the present contract, must within 15 (fifteen) days of occurrence of any of the causes mentioned in this Clause inform the other party of the existence of the circumstances preventing the performance of the contract. Certificate issued by the Chamber of Commerce or any other competent authority connected with the cause in the country of the Seller or of the Buyer shall be sufficient proof of the existence of the above circumstances and their duration. Non-availability of material will not be an excuse to the Seller for not performing his obligations under this contract.
CLAUSE 13: ARBITRATION
All disputes in connection with this contract and the execution thereof shall be settled by amicable negotiation and friendly discussions between both parties (Buyer and Seller). If no amicable settlement is reached, the case shall be submitted to Hong Kong International Arbitration Centre (HKIA) in Hong Kong for arbitration in accordance with UNCITRAL Arbitration Rules as at present in force and as may be amended by the rest of this Clause. The appointing authority shall be HKIA, and the place of arbitration shall be in Hong Kong. Any such arbitration shall be administered by HKIA in accordance with HKIA Procedures for Arbitration in force at the date of this contract, including such additions to the UNCITRAL Arbitration Rules as are therein contained. The arbitral award is final.
CLAUSE 14: LOSS OF CARGO
In the event of partial loss of cargo, the Bill of Lading weight and the analysis carried out by the Buyers CIQ analysis on the cargo discharged shall be treated as final and shall form the basis for final invoicing and payment. In the event of total loss of cargo, the analysis and the weight as determined at the loading port shall be treated as final and shall form the basis for final invoicing and payment.
CLAUSE 15: AMENDMENT OF THE CONTRACT
Any amendments or modifications made in this contract shall be in writing and subject to confirmation by the contracting parties.
CLAUSE 16: CONFIDENTIALITY
It is a fundamental term of this contract that the parties shall not disclose the terms hereof to any person, except in so far as disclosure is necessary, for the effective performance by either party of their respective obligations hereunder. International Chamber of Commerce NCND agreement prevails, ICC 500, INCOTERMS 2000.
CLAUSE 17 NON-CIRCUMVENTION AGREEMENTS
Buyer shall not attempt to circumvent the Seller by trying to deal with Sellers suppliers. Conversely, the Seller shall not attempt to circumvent any of the parties by trying to deal directly with the Buyer and/or Buyers clients to that effect.
All the parties do herein agree that NON CIRCUMVENTION and NON DISCLOSURE RULES of all issues from INTERNATIONAL CHAMBER OF COMMERCE (ICC) 500 apply to this transaction for a period of five (5) years from the date of execution. This agreement by the undersigned, his or her assigns, agents, heirs, this NCND also applies to any and all other transactions directly or indirectly between the parties. The undersigned agree this additional sub-clause is transferable to the beneficiaries, designees, heirs and shall not be amended without the expressly written consent of the parties involved. Should a contract be signed between the Buyer and the Seller, Pay Orders will be issued to the beneficiaries at Buyers full account and risk as per previously agreement between Buyer and Intermediary parties
CLAUSE 18: ENTIRE CONTRACT
This contract constitutes the entire agreement between the parties and supersedes all prior negotiations, understandings and agreements whether written or oral. This contract shall not be modified, amended or supplemented, except by an instrument in writing duly executed by each of the parties hereto.
All terms, conditions & specifications written in this contract are agreed to be final and irrevocable after signing by all parties.
In witness whereof this contract is made in duplicate in Florida, USA and is signed by the duly authorized representatives of the Seller and the Buyer.
Retained one copy each.
SELLER BUYER

__________________________ __________________________
(signature) (signature)
.
(name, title) (name, title)
__________________________ __________________________
(date) (date)

For and on behalf of For and on behalf of
(SEAL) (SEAL)
=======
www.chensihong.org

IRON ORE PHILIPPINES CONTRACT
Posted By:  ɱɰۺͬ

Post Response --- Flag message: Spam - Miscategorized - Scam

Date:           Sun Oct 24 19:20:00 2004

In Response To: 6-20ɢ⴬

SALE OF PHILIPPINES IRON ORE CONTRACT
www.chensihong.org
chensihong@chensihong.org
chensihong@cableplus.com
Dated:
PURCHASE AGREEMENT FOR THE SALE OF IRON ORE

THE SELLER:
Represented by:
a)
b)
With
c) Presiding for World Market.

THE BUYER: ________________________________________
Represented by:
a)
b)
CONTRACT VALIDITY DATE:
To remain valid, this Contract must be signed and the Proof of Funds given to the seller on or before November 8, 2004.
SELLER:
Address:
Phone/ Fax:
E-mail:
Represented by:
Address: Vancouver, British
Columbia, Canada.
Tele/Fax 1-604-
Mobile Ph 1-604-
SELLER BANKING DETAILS:
Name of Bank:
Account Number:
Swift Number:
Attn: Manager of Bank:
BUYER BANKING DETAILS
Bank Name:
Name of Account:
Account Number:
Swift Code:
Attention (Bank Manager):
Tel. Number:
Fax Number:
ALL LETTERS OF CREDIT TO BE FORWARDED - AS INDICATED BELOW
SELLER:
Bank Name:
Name of Account:
Account Number:
Letters of Credit:
Phone:
Fax:
Swift code:
Bank Representatives:
This contract is made by and between the Buyer and the Seller whereby the Buyer agrees to buy and the Seller agrees to sell the iron ore as specified in Clause 1, on the terms and conditions as stated below:
CLAUSE 1: NAME OF COMMODITY and PRICE
Name of commodity: 64.5% Fe Iron Ore Lumps
Price: FOB price US$39.9/MT Philippine port;
CNF price US$59.9/MT China port of at least 16 meters draft; price
subject to prevailing shipping rate at time of contract signing.
Country of Origin: Philippines
Port of Loading: Ozmena Port (or any other Philippine Port of draft 16 meters or more).
Port of Destination: Safe port of at least 16 meters draft C any safe port in the Peoples Republic of China
CLAUSE 2 DELIVERY PERIOD AND QUANTITY
Quantity:
First shipment: DMT 50,000MT/SHIPMENT (+/- 10%) of 64.5% Iron Ore. PARTIAL SHIPMENTS OF 25,000 MT X 2 ALLOWED, FORTY-FIVE DAYS TO SIXTY DAYS (45 days to 60 days) AFTER OPENING DLC FOR THE SHIPMENT.
Subsequent Shipments Schedule:
Second and Following Shipments subject to mutual approval by both the buyer and the seller after the completion of the trial shipments.
Second and Third Shipments Each of 50,000MT and 100,000 MT/SHIPMENT +/- 10%, partial shipments of 25,000 MT each shipment allowed, to be effected within 30 days to a maximum of 45 days from the date of establishing a DLC for the payment of each monthly shipment.
. Fourth to Twelfth shipments each 200,000 MT/month Each +/- 10%, partial shipments of 50,000 MT each allowed, to be effected within 30 days to a maximum of 45 days from the date of establishing a DLC for the payment of each monthly shipment
Second year contracted monthly shipments of 200,000 MT to 300,000 MT per month +/- 10% partial shipment allowed, to be effected within 30 days from the date of establishing an LC. Subject to evaluation of the previous performances by both buyer and seller.
Third year contracted monthly shipments of 300,000 MT per month to 500,000 MT (+/- 10% partial shipments allowed, to be effected within 30 days from the date of establishing an LC. Subject to evaluations of the previous performances by both buyer and seller.
CLAUSE 3: SPECIFICATIONS CHEMICAL (on dry basis)
Fe: 64.5% Max
SiO2: 0.8 % Max.
Al2O3: 0.33% Max.
P: 0.05% Max.
S: 0.09% Max.
PHYSICAL (on natural basis)
Size: 0.010 mm to 250.0 mm +/-20% (first shipment)
0.010 mm to 50 mm +/- 10% subsequent shipments
Moisture content 8% at 105 deg. C
CLAUSE 4: PRICE
__________________________________________________________________ United States Dollars (US$__________________________/MT) CNF China Port, per Dry Metric Ton (DMT).
CLAUSE 5: PRICE ADJUSTMENT
Price adjustment
(a) The base price should be increased by USD 0.2188 Per DMT for each 1% Fe above 64.5%, fraction pro-rata.
(b) The base price should be decreased by USD 0.4376 per DMT for each 1% Fe below 64.5%, fraction pro-rata.
(c) The Buyer has the right to reject the cargo if Fe content is below 63.5%.

The results presented by SGS/Philippines with regard to Fe content should match up CIQ analysis results at port of discharge (China Quindao Port).
Any discrepancies between the SGS and CIQ reports, should be settled either through negotiations between the butyer and the seller for settlement, and/or considerations of the penalties and bonuses (see Clause 4), OR as mutually agreed upon between the SELLER and the BUYER (see further provisions in Clause 6).
B) For Other Elements
If the delivered commodity does not meet any of the chemical specifications other than Fe provided in Clause 3 as finally determined in accordance with the provisions of Clause 4, the base price shall be decreased or encreased as follows, fraction pro rata:
1. For excess Phosphorus
Price will be decreased at the rate of 3 (three) US cents per dry metric ton for each 0.01% in excess of 0.05%; and increased by 3 (three) US cents for each 0.01% below 0.05%.
2. For excess Sulphur
Price will be decreased at the rate of 3 (three) US cents per dry metric ton for each 0.1% in excess of 0.19%; and increased by 3 (three) US cents for each 0.1% below 0.19%.
3. For excess Silica
Price will be decreased at the rate of 3 (three) US cents per dry metric ton for each 0.1% in excess of 0.8%; and increased by 3 (three) US cents for each 0. 1% below 0.8%
4. For excess Alumina
Price will be decreased at the rate of 3 (three) US cents per dry metric ton for each 0.1% in excess of 1.33%; and increased by 3 (three) US cents for each 0.1% below 1.33%.
CLAUSE 6: PAYMENT
Buyer shall provide payment by Confirmed, Irrevocable, Transferable and Operative Letter of Credit in favor of the Seller within five calendar days after the signing of this contract.
All export charges; the Seller shall pay fees, levies and duties on cargo in full. Similarly, all import charges, fees, levies and duties on cargo shall be paid in full by the Buyer.
This invoice is to be based on SGS and CIQ certificate as provided in Clause 9 and Clause 10, issued within 30 (forty) days after the cargo was fully discharged at the discharging port. If umpire analysis required payment adjustment, this will be made when the umpires certificate is available. In case analysis is not carried out at the discharging port within 40 (forty) days after completion of discharge in China, or if advising bank did not receive original CIQ certificate by the 10th (tenth) business banking day prior to the Letter of Credit Expire Date, the loading port quality and weight certificate(s) shall form the basis for the final invoice.
CLAUSE 7: DOCUMENTS
The Seller shall provide the Buyer directly or through the Sellers bank the following documents:
1. Completed set of Clean on Board marine Bill of Lading consigned to advising bank (Sellers Bank) for further title transfer to the Buyer, marked Freight prepaid.
2. Provisional invoice in 3 (three) originals indicating contract number, Letter of Credit number, and the name of carrying vessel.
3. Certificate of Quality of contracted goods in 1 (one) original and 2 (two) copies issued by SGS, Philippines. Certificate of Quality shall show actual result of the test of chemical composition.
4. Certificate of Weight of contracted goods in 1 (one) original and 2 (two) copies issued by SGS, Philippines.
5. Certificate of Origin in 1 (one) original and 2 (two) copies detailing the name of commodity, loaded quantity, and the name of carrying vessel.
In case CIQ certificate(s) is/are not received by the advising bank within 10 (ten) days from the date of the vessel discharge, the Seller is entitled to raise the final invoice on the basis of the loading port analysis and claim relevant payment.
CLAUSE 8: WEIGHING
At the loading port, SGS (Philippines), at the Sellers expense, shall determine the weight of the shipment of iron ore by draft survey. The weight of ore as ascertained and certified, together with analysis certificate issued by SGS Philippines, shall form the basis for provisional invoice.
SGS Philippines shall take a samples from shipments and divide it into three parts, one for the Buyer, the second for possible need of the Seller, and third for possible umpire analysis, which shall be sealed and kept with SGS Philippines.
At the discharging port, CIQ (Peoples Republic of China), at the Buyers expense, shall determine and confirm the weight of the iron ore shipment. The Buyer shall apply for the required Entry-Exit inspection and Quarantine.
CLAUSE 9: SAMPLING AND ANALYSIS
A) At the loading port, the Seller shall at the Sellers expense, appoint SGS Philippines, to determine the specification of ore content in shipment, and shall provide a certificate showing details of the analysis.
At the discharging port, the buyer shall, at the Buyers expense , appoint CIQ who shall take a sample from shipment and divide it into three parts, one for the Buyer, the second for possible need of the Seller, and third for possible umpire analysis, which shall be sealed and kept with CIQ.
CIQ shall analyze the sample for the Buyer within 30 (thirty) days after discharge and issue, and promptly forward to the Seller by airmail a certificate showing details of the analysis and shall provide a certificate of determination.
B) If the difference in percentage in Fe content between loading ports and discharging ports analysis made under paragraph A of this Clause is more than 0.5%, or if there exists a significant difference between the two said analysis in respect to any one or more chemical contents other than Fe, the Seller shall consult with the Buyer to reconcile such differences. If after consultation between the Seller and the Buyer the difference cannot be reconciled, then, at the request of the Seller, the sample shall be analyzed by an umpire mutually agreed upon between the Buyer and the Seller, and the certificate of analysis issued by such umpire shall be final for Fe or relevant chemical content.
C) If no determination of analysis is exercised at the discharging port, then, analysis certificate of SGS Philippines, at the loading port shall be conclusive as to specification of ore.
D) The weight, sampling and chemical analysis, and screen analysis performed at the discharging port by CIQ shall be for the Buyers account. The cost of umpire analysis shall be against the account of the party whose own analysis differs further from the umpire analysis and if the result of such umpire analysis is the mean of the analysis of the Buyer and the analysis of the Seller, then such cost shall be equally borne by both parties.
Performance bond equals 2% of the FOB value of the shipment shall be by BG through Hong Kong and Shanghai Bank, Manila, Philippines.
CLAUSE 10: ADVICE OF SHIPMENT (FOB contract only)
The Buyer shall, within 10 (ten) working days after Banking Instrument (BG) is validated by the Sellers bank, advise the Seller by fax, of the vessel name, vessel number, vessel tonnage, and other details of the vessel, such as length, depth of draft, number of batches, flags, name of the captain, and estimated time of arrival at port of loading, so the Seller can prepare for loading of cargo.
CLAUSE 11: INSURANCE
Insurance is to be covered by the Buyer. For this purpose, the Buyer shall advise the Seller by fax before the loading of the vessel starts. After the Seller confirms the insurance company, the Buyer can effect the insurance.
CLAUSE 12: FORCE MAJEURE
If at any time during the existence of this contract either party is unable to perform whole of in part any obligation under this contract because of war, hostility, military operation of any character, civil commotions, sabotage, quarantine restrictions, acts of Government, fire, floods, explosions, transportation and industrial accidents, epidemics, strikes, or other labor trouble, embargoes, and any other matter beyond human control or capacity, than the date of any obligation shall be postponed during the time when such circumstances are operation.
Any waiver or extension of time in respect to the delivery of any installment or part of the goods shall not be deemed to be waiver or extension of time in respect to the present ship deliveries. If such circumstances exceed three months, either party will have the right to refuse further performance of the contract, in which case neither party shall have the right to claim eventual damages. The party, which is unable to fulfill its obligations under the present contract, must within 15 (fifteen) days of occurrence of any of the causes mentioned in this Clause inform the other party of the existence of the circumstances preventing the performance of the contract. Certificate issued by the Chamber of Commerce or any other competent authority connected with the cause in the country of the Seller or of the Buyer shall be sufficient proof of the existence of the above circumstances and their duration. Non-availability of material will not be an excuse to the Seller for not performing his obligations under this contract.
CLAUSE 13: ARBITRATION
All disputes in connection with this contract and the execution thereof shall be settled by amicable negotiation and friendly discussions between both parties (Buyer and Seller). If no amicable settlement is reached, the case shall be submitted to Hong Kong International Arbitration Centre (HKIA) in Hong Kong for arbitration in accordance with UNCITRAL Arbitration Rules as at present in force and as may be amended by the rest of this Clause. The appointing authority shall be HKIA, and the place of arbitration shall be in Hong Kong. Any such arbitration shall be administered by HKIA in accordance with HKIA Procedures for Arbitration in force at the date of this contract, including such additions to the UNCITRAL Arbitration Rules as are therein contained. The arbitral award is final.
CLAUSE 14: LOSS OF CARGO
In the event of partial loss of cargo, the Bill of Lading weight and the analysis carried out by the Buyers CIQ analysis on the cargo discharged shall be treated as final and shall form the basis for final invoicing and payment. In the event of total loss of cargo, the analysis and the weight as determined at the loading port shall be treated as final and shall form the basis for final invoicing and payment.
CLAUSE 15: AMENDMENT OF THE CONTRACT
Any amendments or modifications made in this contract shall be in writing and subject to confirmation by the contracting parties.
CLAUSE 16: CONFIDENTIALITY
It is a fundamental term of this contract that the parties shall not disclose the terms hereof to any person, except in so far as disclosure is necessary, for the effective performance by either party of their respective obligations hereunder. International Chamber of Commerce NCND agreement prevails, ICC 500, INCOTERMS 2000.
CLAUSE 17 NON-CIRCUMVENTION AGREEMENTS
Buyer shall not attempt to circumvent the Seller by trying to deal with Sellers suppliers. Conversely, the Seller shall not attempt to circumvent any of the parties by trying to deal directly with the Buyer and/or Buyers clients to that effect.
All the parties do herein agree that NON CIRCUMVENTION and NON DISCLOSURE RULES of all issues from INTERNATIONAL CHAMBER OF COMMERCE (ICC) 500 apply to this transaction for a period of five (5) years from the date of execution. This agreement by the undersigned, his or her assigns, agents, heirs, this NCND also applies to any and all other transactions directly or indirectly between the parties. The undersigned agree this additional sub-clause is transferable to the beneficiaries, designees, heirs and shall not be amended without the expressly written consent of the parties involved. Should a contract be signed between the Buyer and the Seller, Pay Orders will be issued to the beneficiaries at Buyers full account and risk as per previously agreement between Buyer and Intermediary parties
CLAUSE 18: ENTIRE CONTRACT
This contract constitutes the entire agreement between the parties and supersedes all prior negotiations, understandings and agreements whether written or oral. This contract shall not be modified, amended or supplemented, except by an instrument in writing duly executed by each of the parties hereto.
All terms, conditions & specifications written in this contract are agreed to be final and irrevocable after signing by all parties.
In witness whereof this contract is made in duplicate in Florida, USA and is signed by the duly authorized representatives of the Seller and the Buyer.
Retained one copy each.
SELLER BUYER

__________________________ __________________________
(signature) (signature)
.
(name, title) (name, title)
__________________________ __________________________
(date) (date)

For and on behalf of For and on behalf of
(SEAL) (SEAL)
=======
www.chensihong.org
6-20ɢ⴬

Re: PPR pipes and fittings, valves offered from Ch
Posted By:  Michael Lee

Post Response --- Flag message: Spam - Miscategorized - Scam

Date:           Sun Oct 24 22:06:40 2004

In Response To: Re: PPR pipes and fittings, valves offered from Ch

Thanks, but you did not leave your contact details.

Please contact with us be the following contact:

Great Wall Electric Equipment Group (Shanghai) Co.,Ltd
Add:Room401--402, No.98--4, Bixiu Road,Shanghai, China 201100
Tel:86-21-64145761-8012
Fax: 86-21-64145447
Email: salesa@126.com & electrical@globalib.com
URL: www.globalib.com

want buy import brasil iron ore
Posted By:  want buy import brazil iron ore

Post Response --- Flag message: Spam - Miscategorized - Scam

Date:           Wed Oct 27 00:06:40 2004

In Response To: ͭɰй/

these are 2 inquiries i have...

Feel free to contact us anytime, should you have further questions.

Kindest regards,

www.chensihong.org

chensihong@chensihong.org

chensihong@cableplus.com.cn

MSN:chensihong86@hotmail.com

Iron ore want to buy ,if you offer and export

Purchase and terms

Client
Qty
Destination
Period
Terms
Comments

1
3 600 000 MT yearly

Per shipment :

120 000 MT or

150 000 MT or

250 000 MT
Any China port
5 years
67.5$USD CNF until March 2005

After, price will be fix by the average of the Nippon, Europe and China indexes
Ready to purchase

Funds are available immediately

2
6 000 000 MT

Per shipment:

100 000 MT or more
Any China port
5 years
69.5$USD CNF

FOB price kept at cost + 3$USD for bribes

Accept that the freight price may vary in function to tariff costs. Invoiced as a proof of rising or decreasing.
URGENT: Wants to conclude by Monday

Funds are ready

want buy import brazil iron ore

want buy import brazil iron ore

ɰȫ()
Posted By:  ɰڰ

Post Response --- Flag message: Spam - Miscategorized - Scam

Date:           Tue Nov 9 09:20:00 2004

In Response To: ɰȫ練¢+();

brasil iron ore offer newspaper/
brazil iron ore export newspaper
ɰڱ
www.chensihong.org/
chensihong@chensihong.org/
chensihong@cableplus.com.cn/
MSN:chensihong86@hotmail.com/
Mobile:13901623260

Ferriferous shape chemical quality

The body of the ferriferous shape is visually homogenous and presents a superficial friable itabirito, chapinha and hydrated, with semi-compact and friable hematite lenses. In this work are presented chemical results from gutters executed in talus from roads and other bassets. Only the chemical contents have been analyzed on the elements Fe, SiO2, AI2O3, P, Mn, CaO, MgO and TO2 %, which results can be found bellow in Table 03:

GUTTERN CHEMICAL EVALUATION - %

Fe SiO2 P Al2O3 PF Mn CaO MgO TiO2
01 68,83 0,73 0,018 0,503 na 0,159 0,05 0,19 0,015
02 69,03 0,69 0,018 0,180 na 0,011 0,03 0,01 0,009
03 45,03 31,50 0,024 0,640 na 0,085 0,01 0,01 0,004
04 43,69 31,81 0,028 0,580 na 0,058 0,01 0,01 0,006
05 42,32 35,55 0,030 0,340 na 0,034 0,01 0,01 0,001

CHEMICAL QUALITY PER WELL
WELLN CHEMICAL EVALUATION %

Fe SiO2 P Al2O3 PF Mn CaO MgO TiO2
01 44,86 28,89 0,054 1,420 na 0,094 0,02 0,01 0,041
02 49,42 23,00 0,076 1,070 na 0,068 0,01 0,01 0,024

CHEMICAL QUALITY PER DRILL HOLES
SAMPLE N CHEMICAL EVALUATION - %

Fe SiO2 P Al2O3 PF Mn CaO MgO TiO2
01 66,51 2,28 0,021 1,010 na 0,045 0,01 0,29 0,032
02 47,56 30,24 0,012 0,520 na 0,051 0,01 0,01 0,009
brasil iron ore offer newspaper/
brazil iron ore export newspaper
ɰڱ
www.chensihong.org/
chensihong@chensihong.org/
chensihong@cableplus.com.cn/
MSN:chensihong86@hotmail.com/
Mobile:13901623260

Re: Req:Iron Ore at port only,mlore,goa,karwar,63.
Posted By:  READY STOCKS

Post Response --- Flag message: Spam - Miscategorized - Scam

Date:           Mon Nov 15 20:53:20 2004

In Response To: Req:Iron Ore at port only,mlore,goa,karwar,63.5+FE

IRON ORE 63.5%
60000 MT at Goa & 60000 MT at Mangalore Port
Rs 2400/MT FOB
Price not negotiable
If inetrested mail me your contact Info.

Re: Require Iron Ore to GOA (Lumps + Fines))
Posted By:  SHAILESH LILANI

Post Response --- Flag message: Spam - Miscategorized - Scam

Date:           Mon Nov 15 23:40:00 2004

In Response To: Require Iron Ore to GOA (Lumps + Fines))

DEAR MR. PATIL. WE ARE IN A POSITION TO SUPPLY TO YOU IRON ORE LUMPS FROM HOSPET MINES, ON REGULAR BASIS. THE FE CONTAINS IS ABOVE 64/65% . IF INTERESTED PL CONTACT mercuryinternationalindia at yahoo dot co dot in
mr. shailesh lilani 9823086620

ȫ۽׼ó׺ͬȨ(PREPARE)/
Posted By:  ȫʯ׼ó׺ͬȨ(PREPARE)/

Post Response --- Flag message: Spam - Miscategorized - Scam

Date:           Fri Nov 19 22:06:40 2004

In Response To: Re: www.australia-brazil-china-india-iron-ore-bulk

E-Mail: chensihong@chensihong.org
URL: www.chensihong.org
:
www.chensihong.org
ȫʯ׼ó׺ͬȨ(PREPARE)
offer brasil-brazil iron ore fines
йعڿͻɰ̣ҽͬ㣬ͻһ£۸Эһ¡ǣҹ˾FOB⴬ڿͻCIFڿͻĺԽ20%Ķ𣬻򿪹֤򿪱Ա֤ۣɽܵķʽ
====================
PURCHASE CONTRACT FOR IRON ORE

CONTRACT NO:

CONTRACT AGREEMENT IS MADE AND ENTERED INTO THIS SEPTEMBER 02, 2004 BY
AND BETWEEN(ͬfhp200492պӆ)

A.-FROM ONE SIDE(u).

B. FROM THE OTHER SIDE(I).

THIS CONTRACT IS MADE BY AND BETWEEN THE SELLER AND BUYER, HEREBY THE SELLER AGREES TO SELL AND THE BUYER AGREES TO BUY THE UNDER MENTIONED GOODS TO CHINA, ON THE TERMS AND CONDITIONS STATED BELOW(ԓͬuIͬӆuNۡͬrIҲُI؛Ї—l͗l).

1 CLAUSECCOMMODITY(Ʒ)

BRAZILLAN IRON ORE ACCORDING FOLLOWING SPECIFICATIONS(FVҎ):IRON ORE FINES FE: 64.5%(FVɰ F64.5%).

2 CLAUSECQUANTITY AND SHIPPING PERIOD(ʹߕrg)

2.1 QUANTITYC150,000 DMT / MONTHLY (ONE HUNDRED AND FIFTY THOUSAND DRY METRIC TONS)-WITH 10% MORE OR LESS-PER PERIOD OF 01(ONE)YEAR(150000 DMT/ <ʮfǬ>ÿһڃȿ10¸).
2.2 SHIPPING PERIOD():
WITHIN30-45 DAYS AFTER BUYERS L/C IS ACTIVATED BY SELLERS PB(uļsCICC>֮3045).
LOADING PORT:TUBARAO PORT VITORIA STATE-BRAZIL(߸ۣVITORIA ݣTUBARAO ).
LOADING RATE-MINIMUM 8.000 MT WORKING HOUR(bdٶȣ8.000/Сr).
DESTINATION PORTC TIAIJIN PORTCCHINA(ĿĸۣЇ).
DISCHARGE RATE C30,000 METRIC TONS PER WORKING DAY(ж؛ٶȣÿ30000)

3.CLAUSE CGUARANTEED SPECIFICATION(ҎC)

FE(F) 64.5% REJECTION BELOW: 63.5%(63.5%ܽ^)
AI2O3(X) 2.00% MAX
SIO2() 3.00% MAX
SULPHUR() 0.003% MAX
PHOSPHORUS() 0.05% MAX
MN(i) 0.10% MAX
PHYSICAL CHARACTERISTICS()
+ 1 MM 80% MIN
0.15 MM 10% MAX
MOISTURE (ˮ) 8.00% AT 105 DEGREES CENTIGRADE(105z϶8.00%)

4 CLAUSE:PRICE(r):

USD$ 72/MT CNF TO MAIN PORT OF CHINA
TOTAL AMOUNT OF THIS CONTRACT USD$ 72.00 X 1,800,000 = US$
129,600,000(ONE HUNDRED TWENTY MILLION AND SIX THOUSAND UNITED STATES DOLLAR).(ÿ 70ԪMЇҪۿ.ԓͬrֵ Ԫ1,800,000=

5.CLAUSE FIVE.- PRICE ADJUSTMENT(r{)

THE PRICES OF IRON ORE STIPULATED IN THE CLAUSE NUMBER FOUR SHALL BE ADJUSTED BY THE FOLLOWING BONUS AND PENALTIES(ӗl4Ҏăr񑪰ª͑P{).
5.1 IRON CONTENT (FVɷ)
BONUS FOR EACH 1.00% OF FE ABOVE 64.5% THE PRICE SHALL BE INCREASED BY USD 0.2538 PER DRY METRIC TONNE, FRACTION PRO-RATE(:F糬64.5%ÿ1.00%tÿǬr0.2538Ԫ^քtӋ).
PENALTIES FOR EACH 1.00% FE BELOW 64.5% THE PRICE SHALL BE DECREASED BY USD 0.5076 PER DRY METRIC TONNE, FRACTION PRO-RATE.THE BUYER HAS RIGHT TO REJECT THE CARGO IF FE CONTENT IS BELOW 63.5%(P:F64.5%ÿp1.00%tÿǬrp0.5076Ԫ^քtӋ.纬F63.5%, tIЙܽ^؛).
5.2 OTHER ELEMENTS ( ɷ).
IF THE COMPOSITION OF IRON ORE IN RESPECT OF ALUMINA (AI203), SILICON (SI02),SULPHUR (S)AND PHOSPHORUS (P) EXCEEDS THE RESPECTIVE GUARANTEED MAXIMUM AS SET FORTH IN CLAUSE NUMBER THREE HEREIN ABOVE.BUYER SHALL ACCEPT SUCH DELIVERY OF IRON ORE BY IMPOSING PENALTIES PROVIDED ELOW,FFACTIONS POR-RATA(FVɷXͳ׺^ӗl3ҎCIF?q؛—lP^Ӌ).
5.2.1 AI2O3
USD 0.05 (FIVE CENTS US DOLLAR)PER DRY METRIC TONNE FOR EACH 1.00% IN EXCESS OF 2.0%(X 糬^2.0%,ÿ1.00%tÿǬp0.05Ԫ<>).
5.2.2 SIO2
USD 0.05 CENTS PER DRY METRIC TONNE FOR EACH 1.00% IN EXCESS OF 4%, IF SI02 CONTENT EXCEEDS 5.0%, IT WILL BE REJECTED( 糬^4.00%, ÿ1.00% ÿǬp0.05Ԫ^5.0%؛ܽ^).
5.2.3 SULPHUR(S)
USD 0.05 (FIVE CENTS US DOLLAR) PER DRY METRIC TONNE FOR EACH 0.01% IN EXCESS OF 0.003%( 糬^0.003%,ÿ0.01%tÿǬp0.05Ԫ).
5.2.4 PHOSPHORUS(P)
USD 0.05 (FIVE CENTS US DOLLAR) PER DRY METRIC TONNE FOR EACH 0.01% IN EXCESS OF 0.06%( 糬^0.06%,ÿ0.01%tÿǬp0.05Ԫ).
5.3 SIZES(ߴ)
5.3.1 IN THE EVENT THAT THE OVERSIZE QUANTITY EXCEEDS THE RESPECTIVE GUARANTEED MAXIMUM AS SET FORTH IN CLAUSE THREE, SELLER SHALL PAY THE PENALTY AT USD 0.50 PER WET METRIC TONNE.FRACTIONS PRO RATA FOR THE QUANTITIES OF FINES ABOVE 10MM IN EXCESS OF 5%(wVɰӗl3еCҎ10MMwÿ^5%IҪ֧ÿ?V?.5ԪP^Ӌ).
5.3.2 IN THE EVENT THAT THE UNDERSIZE QUANTITY THE RESPECTIVE GUARANTEED MAXIMUM LIMIT AS SET FORTH IN CLAUSE THREE, SELLER SHALL PAY THE PENALTIES AT USD 0.50 PER WET METRIC TONNE FRACTIONS PRO RATE FOR THE QUANTITIES OF FINES BELOW 0.15MM IN EXCESS OF 25%(СwVɰӗl3еCҎ0.15MMwÿ^25%IҪ֧ÿ0.5ԪP^Ӌ).
5.4 MOISTURE(ˮ)
IN THE EVENT THAT THE FREE MOISTURE LOSS AT 105 DEGREES CENTIGRADE EXCEEDS THE RESPECTIVE GUARANTEED MAXIMUM AS SET FORTH IN CLAUSE THREE HEREIN ABOVE, SELLER SHALL PAY TO BUYER HALF OF THE ACTUAL FREIGHT ATTRIBUTABLE TO MOISTURE CONTENT OVER 6% UP TO 7% AND FULL ACTUAL FREIGHT ATTRIBUTABLE TO MOISTURE CONTENT OVER 7%.BUYER SHALL PROVIDE SELLER WITH EVIDENCE AS TO THE ACTUAL FREIGHT PAID BY BUYER(105z϶ˮl^ӗl3Ҏ^6%-7%ģuҪI֧춳~ˮ֌Mһ룻^7%uҪI֧춳~ˮ֌Mȫ~IҪuʾ֧MC).
5.5 LIMIT OF LIABILITY(؟)
SELLERS LIABILITY FOR FAILURE TO DELIVER IRON ORE CONFORMING TO THE SPECIFICATIONS SET FORTH IN CLAUSE THREE ABOVE SHALL BE LIMITED TO THE PRICE ADJUSTMENT CLAUSE FIVE WHICH SHALL BE BUYERS SOLE AND EXCLUSIVE REMEDY FOR SUCH NON-CONFORMANCE(uṩӗl3ҎFVt؟΃H춰ӗl5ҎĹMa).

6 CLAUSE .-PAYMENT(֧)

FOR THE EACH SHIPMENT OF 150,000MTS, BUYER SHALL OPEN, IN 7 BANKING WORKING DAYS AFTER RECEIVES SELLERS CONTRACT/PROFORMA INVOICE. THROUGH AN PRIME BANK IN CHINA, AN IRREVOCABLE, AND NON-OPERATIVE, NON TRANSFERABLE LETTER OF CREDIT, IN FAVOR OF THE SELLER FOR AN AMOUNT IN U.S DOLLARS SUFFICIENT TO COVER 100% (ONE HUNDRED PERCENT) OF ONE SHIPMENT VALUE(ÿ150000ĴߣIյuĺͬ/ʽlƱ֮7yй֮ȣͨ^ЇһҪyУ_һuˣɳNġɑ{ʹõġD׌CC>rֵÿ؛100%rֵԪӋ).
6.1 PROCEDURE(ʽ):
THE SELLER ISSUES CONTRACT TEXT TO THE BUYER AND BOTH PARTIES RESOLVE ISSUES BY FRIENDLY COMMUNICATION. SELLER ISSUES FINAL SIGNED AND SEALED CONTRACT DRAFT TO BUYER THE BUYER SIGNS CONTRACT AND RETURN TO SELLER VIA FAX. THIS FACSIMILE COPY WILL BE CONSIDERED THE ORIGINAL WITHIN 3 BANKING DAYS OF SIGNING THIS CONTRACT, THE BUYER FAXES A COPY OF THE APPLICATION FOR ESTABLISHING LC FORM WHICH HAS BEEN APPROVED BY THE OPENING BANK TO THE SELLER. THE BUYER OPENS A NON-OPERATIVE L/C WITHIN 7 WORKING DAYS AFTER SIGNATURE OF CONTRACT. UPON RECEIPT THIS L/C, THE SELLER BANK WITHIN 3 (THREE) WORKING DAYS ISSUES A NON OPERATIVE PERFORMANCE BOND. WHEN THE BUYER DANK CONFIRMS THE RECEIPT OF A NON OPERATIVE PERFORMANCE BOND, BOTH WILL BE ACTIVATED (PB AND L/C) . SHIPMENTS CONTINUES AS PER SHIPMENT SCHEDULE (uMͬıoIpͨ^ѺÅf̽Q}uṩĺͬݸoIIKouԓͬԭںͬ3yйՃȣIuһݱ_׼ġCC>ՈIںͬ7֮ȣ_һɑ{ʹõLCӵԓL/Cᣬuy3֮ȣ_һɑ{ʹõļsCIyд_JյԓļsC,L/CļsCЧ߰rgM).
6.2 CLAUSE-LETTER OF CREDIT(C)
SUCH L/C SHALL BE PAYABLE FOR FULL INVOICE AMOUNT AGAINST THE FOLLOWING SHIPPING DOCUMENTS (ԓCL/ClƱȫ~K´Y_)
6.2.1 FULL SET OF 3/3 ORIGINAL CLEAN ON BOARD OCEAN VESSEL BILLE OF LADING (B/L) IN 3(THREE) COPIES (MARKET FREIGHT PREPAID), AND NOTIFYING THE APPLICANT (3һ3/3坍b؛עՈ).
6.2.2 SIGNED COMMERCIAL INVOICE COVERING THE QUANTITY LOADED IN 3 (THREE) ORIGINAL AND 3 (THREE) COPIES PLUS PACKING LIST IN 3 (THREE) ORIGINAL, INDICATING THE CONTRACT NUMBER, L/C NUMBER, NAME OF CARRYING VESSEL(bĺ̘IlƱ33}ӡ3b̖ͬC̖).
6.2.3 OFFICIAL CERTIFICATES OF QUANTITY,WEIGHT,QUALITY OF THE CONTRACTED GOODS IN 3 (THREE) ORIGINAL AND 3 (THREE) COPIES EACH ISSUED BY SGS AS AUTHORIZED ASSAYER/SURVEYOR. CERTIFICATE OF QUALITY TO SHOW ACTUA RESULT OF THE TEST OF CHEMICAL COMPOSITION AND ALL OTHER TESTS CALLED FOR IN THIS CONTRACT(h|C˾SGSlŵP춺ͬ؛Ĕ|ĹٷC33}ӡWɷ֜yԇͬҎyԇĜyԇ).
6.2.4 OFFICIAL SANITARY AND PHYTOSANITARY CERTIFICATE ISSUED BY THE APPROPRIATE AUTHORITIES OR SGS STATING THAT THE IRON ORE (SINTER FEED) IS CONSIDERED TO BE FREE FROM QUARANTINE PEST AND FREE FROM OTHER INJURIOUS PESTS, 1(ONE) ORIGINAL AND 3 (THREE) COPIES(męCh|C˾lŵlCCFV]ЙzߵĺxΣԵĺxһ3}ӡ).
6.2.5 ORIGINAL STOWAGE EXAMINATION CERTIFICATE TO BE ISSUED BY THE APPROTLATE AUTHORITIES IN THE COUNTRY OF ORIGIN STATING THAT THE VESSEL HOLDS WERE DULLY EXAMINED PRIOR TO THE COMMENCEMENT OF LOADING AND FOUND CLEAN, DRY, FREE OF INSECT INSFESTATION, AND SUITABLE TO MAINTAIN THE QUALITY OF THE ORE. SELLER SHALL ENSURE THE PERFORMANCE OF THE INSPECTION PRIOR TO THE COMMENCEMENT OF LOADING 1 (ONE) ORIGINAL AND 3 (THREE) COPIES(ԭmClŵbdzCļC؛_ʼbdǰѱz^KlFǬ坍oxȾm춱ֵVƷ|bdǰuęzļһ3}ӡ).
6.2.6 CERTIFICATE OF ORIGIN IN 1 (ONE) ORIGINAL AND 3 (THREE) COPIES. TO BE ENDORSED/ISSUEDBY CHAMBER OF COMMERCE AND DETAILING LOADED QUANTITY, COMMODITY,CARRYING VESSEL AND EXPORTERS NAME AND ADDRESS(̕lŵPءbƷݔԼQַC13}ӡ).
6.2.7 ADVISE OF SHIPMENT (1 COPY)( ֪ͨ1)
ONE COPY OF ALL ABOVE DOCUMENTS TO BE DISTRIBUTED TO BUYER BY EMAIL/FAX/COURIER WITHIN FIVE (5) BANKING DAYS(Yό5y֮ͨ^/]/fI).
THE SELLER RESERVES THE RIGHT NOT TO LOAD THE VESSEL IF THE LETTER OF CREDIT DOES NOT MEET REQUIREMENT OF THE CONTRACT. BUYER SHALL ARRANGE FOR ITS BANK TO PROVIDE SELLER A COPY OF THE LETTER OF CREDIT BY E-MAIL OR FAX ON THE DAY ON WHICH IT IS OPENED(CϺͬҪuЙ಻bd؛Iyڹͨ^/]uṩC}ӡ).
6.3 REF. PERFORMANCE BOND(CļsC)
PERFORMANCE BOND SHALL BE IN THE FORM OF BANKS DRAFT ISSUED BY THE SELLERS BANK IN FAVOR OF THE BUYER AMOUNTING TO 2% OF DL/C VALUE. AN OPERATIVE PAYMENT INSTRUMENT DLC, FOR EACH SHIPMENT, WILL BE ESTABLISHED BY THE BUYERS BANK WITHIN 7 BANKING DAYS AFTER BUYER RECEIVES SELLERS FULL CORPORATE OFFER. IN THE EVENT OF NON SHIPMENT AT THE LOADING PORT BY THE SELLER WITHIN SHIPMENT TIME STIPULATED IN THE CONTRACT, THE TOTAL AMOUNT OF PERFORMANCE BOND SHALL BE REMITTED TO THE BUYER UPON WRITTEN NOTIFICATION BY THE BUYER TO THE SELLERS BANK ABOUT FAILURE OF DELIVERY. THE VERBIAGE OF THE PERFORMANCE BOND AND DLC & CONFIRMED L/C IS TO BE AGREED BETWEEN THE BUYERS BANK AND THE SELLER BANK BEFORE SINGNING THE CONTRACT. SELLER SENDS PROFORMA INVOICE WITH PAYMENT INSTRUMENT (ADVISING BANK COORDINATES) AFTER ACCEPTING TEXTS OF PB AND DL/C & CONFIRMED L/C(ļsCyƱʽuy_IrֵΪC C>ֵ2%ÿһδߣڽӵur֮7yՃȣIyҪ_C ںͬҎrgu߸ۛ]btuyڽӵIĽ؛`s֪֮ͨIļsCȫ~PļsCCͱCC>fں֮ͬǰpyͬ⡣ڽӵļsCCͱCuIlCʽlƱ<֪ͨЅf{>).
6.4 TRANSHIPMENT ARE NOT ALLOWED PARTIAL SHIPMENTS ARE ALLOWED(DߣԲd).
6.5 THE SELLER SHALL PROVIDE COPY OF SHIPPING DOCUMENTS, BILL OF LADING, INVOICES AND CERTIFICATE AS ABOVE MENTIONED. THE SAID DOCUMENTS SHALL BE DELIVERED BY REGISTERED AIRMAIL OR AIR COURIER OR FACSIMILE TO(uύᵽĴYϡΡlƱCYͨ^ӛ]ġտfύ):
NAME(Q):
ADDRESS(ַ):
TELEPHONE(Ԓ):
EMAIL(]):
6.6 SURVEY FEE AND BANK CHARGES AT LOADING PORT, IN SELLER ACCOUNT(߸۵ĹCMyMu֧)
6.6.1 TITLE TO GOODS SHALL NOT PASS TO THE BUYER UNTIL FULL AND FINAL PAYMENT HAS BEEN RECEIVED BY THE SELLER. PAYMENT WILL BE MADE TO THE SELLER BY THE CONTRACTUAL COUNTER-PARTY ONLY. IF BUYER NOMINATES A THIRD PARTY TO EFFECT PAYMENT AT DESCRIPTION OF THEIR ECONOMIC RELATION NEEDS TO BE PROVIDED TO THE SELLER PRIOR TO PAYMENT, INCLUDING ORIGINAL OF DEED OF ESTABLISHMENT OF SUCH THIRTY PARTY FAILURE TO DO SO MAY RESULT IN FUNDS BEING RETURNED TO THE SENDING PARTY(uڽӵIȫrֵ֧֮ᣬD׌؛Йࡣ֧H춺ͬҎIh֧֧ǰufĽPSfڵ֧ru֧헵ąf).
6.6.2 IF THE SELLER NEEDS TO APPOINT TO PAY THE BILL TO THE THIRD PARTY, THEIR ECONOMIC RELATION NEEDS BUYERS WRITTEN EXPLANATION BEFORE PAYING THE BILL,INCLUDING THE THIRD PARTY ORIGINAL CONTRACTS WHOSE RELATION SET UP, PROVE COPY BUYER HAS THE RIGHT TO REFUSE, PAY THE BILL THE CLAUSE LOSE EFFICIENCY, THE PERFORMANCE BOND BELONGS TO THE BUYER(u谲֧t֧ǰҪʾIPSĕffPScĺͬԼCIЙܸԼһԓ֧ʹͬڣļsCwICļ).
6.7 THE BUYER IN THE CONTRACT WILL BE ALLOWED TO SEND HIS REPRESENTATIVES TO THE LOADING PORT LOADING SUPERVISION.BEFORE AND DURING LOADING AT THE COST OF BUYER (1 ORIGINAL + 1 COPY)( IЙɴ߸bǰbgOMIؓ<11}ӡ>).
6.8 THE BUYER SHALL OPEN IRREVOCABLE, CONFIRMED, OPERATIVE L/C AT SIGH BY FIRST CLASS BANK(Iһy_ɳNġʹõCC>).
6.9 FOLLOWING SPECIAL CONDITIONS MUST BE INCLUDE IN SUCH LC(ԓC—l):
6.9.1 MARINE B/L ISSUED BY SHIPPING COMPANY SHALL BE ALLOWED(οɴ߹˾l).
6.9.2 THIRD PARTY DOCUMENTS SHALL BE ALLOWED(ɰļ).
6.9.3 10% MORE OR LESS BOTH FOR QUANTITY AND AMOUNT SHALL BE ALLOWED(Ͽ10%¸).

7 CLAUSECDOCUMENTS(Y)

THE SELLER SHALL PROVIDE THE BUYER THROUGH NEGOTIATING AND ISSUING BANKS AFTER IMBURSEMENT OF SALE PROCEEDS WITH THE SHIPPING DOCUMENTS THAT 6.2.-CLAUSE STIPULATED(IѸuͨ^Ѻ_CyIύӗl6.2ҎĴY).

8 CLAUSE C WEIGHTING(Q)

8.1 WEIGHTING AT LOADING PORT(߸۷Q)
AT THE LOADING PORT, THE SELLER AT THE SELLERS EXPENSES SHALL DETERMINE THE WEIGHT OF SHIPMENT OF IRON ORE BY DRAFT SURVEY. THE WEIGHT OF ORE AS ASCERTAINED AND CERTIFIED TOGETHER WITH QUALIFIED ASSAYERS ANALYSIS SHALL BE BASIS OF SELLER S INVOICE BUYERS REPRESENTATIVE(S) MAY, AT THE EXPENSE OF BUYER BE PRESENTED AT TIME OF WEIGHING AT THE LOADING PORT(߸ۣuͨ^ˮCQFVMuؓ؟ɺϸzCķ_JFVlƱIҲ˱OQأMIؓ).
8.2 WEIGHING AT DISCHARGING PORT(ж؛۷Q)
AT DISCHARGING PORT, THE BUYER SHALL, AT BUYERS EXPENSES, APPLY THE ENTRY-EXIT INSPECTION AND QUARANTINE OF THE PEOPLES REPUBLIC OF CHINA (CIQ) FOR WEIGHING THE WEIGHT THUS DETERMINED BY CIQ/CCIC SHALL BE FINAL AS TO WET QUANTITY IN RELEVANT SHIPMENT. THE FINAL DRY WEIGHT SHALL BE CALCULATING THE FINAL FREE MOISTURE CONTENT, DETERMINED AS SET FORTH CLAUSE NINE(09) FROM THE FINAL WET WEIGHT, STATED IN THE AFORESAID CERTIFICATE. SELLERS REPRESENTATIVE(S) MAY, AT THE EXPENSE OF BUYER(BUT EXCEPT OF TRAVELING FEES TO CHINA & LEAVING FROM CHINA),BE PRESENT AT THE TIME OF WEIGHING AT THE DISCHARGING PORT(S). THE WEIGHT THUS DETERMINED SHALL BE THE BASIS FOR MAKING OUT A FINAL INVOICE IF THERE ARE DIFFERENCES OF WEIGHT OUTTURN OVER 0.5% THEN THE BUYER SELLER MAY CONSULT TO SETTLE THE DIFFERENCE(ж؛ۣIՈA񹲺͇Mڙzz߾ǰMзQأCICC>Qÿһߝ_MIؓ؟?ɿqˮֺӗl9MӋ㡣uڷQؕrɵҊCMIؓ؟<Їx_ЇM>_lƱУж؛`^0.5%pMЅf).
8.3 IN THE EVENT THAT IS IMPOSSIBLE OR EXTREMELY DIFFICULT TO CONDUCT THE VESSEL S DRAFT SURVEY AT THE LOADING ANDOR DISCHARGING PORT(S). SELLER AND BUYER SHALL DECIDE AN ALTERNATIVE METHOD OF WEIGHING THROUGH MUTUAL AGREEMENT IF NO DRAFT SURVEY IS PERFORMED AT THE DISCHARGING PORT, THE QUALIFIED SURVEYORS WEIGHT CERTIFICATE AT LOADING PORT WILL REGISTERED AS FINAL(߸ۻж؛MгˮCdzy򲻿ܣpͨ^໥hQ׃ͨķQkж؛ۛ]гˮCt߸۵ĺϸzCķQؽY).

9 CLAUSE SAMPLING AND ANALYSIS(ȡӺͷ)

9.1 ANALYSIS AT LOADING PORT(߸۵ķ)
AT THE TIME OF LOADING OF EACH SHIPMENT, A QUALIFIED ASSAYER (SGS), APPOINTED BY SELLER, AT SELLER EXPENSES, SHALL SAMPLE AND ANALYSIS THE GOODS SHIPPED AND DETERMINE THE SPECIFICATION OF THE GOODS IN EACH SHIPMENT AND PROVIDE A CERTIFICATE SHOWING THE FETAILS OF THE DETERMINATION AS PER THE SPECIFICATION OF IRON ORE STIPULATED IN CLAUSE 5. THE BUYER MAY, AT BUYERS EXPENSES, HAVE ITS REPRESENTATIVES BE PRESENT AT THE TIME OF SUCH DETERMINATION. ANALYSIS THUS DETERMINED SHALL BE THE BASIS FOR THE PROVISIONAL INVOICE. SELLER SHALL ADVISE BUYER BY CABLE OR FAX THE CONTENTS OF SUCH ANALYSIS WITHIN 5 (FIVE) WORKING DAYS
AFTER SAILING OF THE VESSEL FROM THE LOADING PORT(ÿbguؓ؟źϸzC팦؛MȡӷQ؛񣬁Kӗl5PFVҎҎlPҎ񼚹CMuؓ؟IMɴԓYRrlƱװ5Ճȣuͨ^늈֪ͨIԓY).
9.2 ANALYSIS AT DISCHARGING PORT(ж؛۵ķ)
AT THE TIME OF DISCHARGING PORT(S) CIQ SHALL TAKE REPRESENTATIVE SAMPLES IN ACCORDANCE WITH THE PREVAILING STANDARDS. SELLER OR SELLERS REPRESENTATIVE APPROVED BY BUYER SHALL HAVE THE RIGHT TO BE PRESENT AT SUCH SAMPLING AT BUYERS EXPENSES. CIQ SHALL ANALYZE SAMPLES SO TAKEN FOR PHYSICAL COMPOSITION OF ORE AND FREE MOISTURE CONTENT(ж؛rCIQͨҎtȡӡI׼uЙൽȡӬFҊCMIؓCIQӱķQFVɷֺˮֺ).
AFTER COMPLETION BY CIQ OF ANALYSIS FOR PHYSICAL COMPOSITION AND FREE MOISTURE CONTENT, THE SAMPLES TAKEN FOR CHEMICAL ANALYSIS FOR PHYSICAL COMPOSITION AND FREE MOISTURE CONTENT, THE SAMPLES TAKEN FOR CHEMICAL ANALYSIS SHALL BE DIVIDED INTO THREE (3) EQUAL PARTS AND SEALED, ONE FOR BUYER, ONE FOR SELLER AND THE THIRD TO BE RETAINED FOR UMPIRE PURPOSE. CIQ SHALL ANALYZE ONE OF PORTIONS FOR ORE(FE) CONTENT AND OTHER CHEMICAL COMPOSITION ON DRY BASIS, AS SET FORTH IN CLAUSE 3 AND SHALL ISSUE A CERTIFICATE OF SUCH ANALYSIS. SUCH CERTIFICATES SHALL BE ISSUED AT THE CHINESE PORT(S)( ֮ᣬ춻Wȡӌֳ3ȷ݁Kܷ⣬һݽouһݽoI3ݱٲáCIQһݣQFWɷ֣ӗl3ҎKlŷ档ԓЇۿڰl)
THE ANALYSIS OF CIQ THUS DETERMINED SHALL BE FINAL AND CONSIDERED TO CONSTITUTE FOR THE FINAL SETTLEMENT OF THIS SHIPMENT IF THE DIFFERENCES BETWEEN CIQ ANALYSIS AND THE ANALYSIS OF THE DESIGNATED QUALIFIED ASSAYER APPOINTED BY THE SELLER AT LOADING PORT IS NOT MORE THAN 0.5% IN RESPECT OF FE CONTENT AND THERE SHOULD NOT BE ANY SIGNIFICANT DIFFERENCE IN RESPECT OF AI203, SI02, PHOSPHORUS AND SULPHUR CONTENT(CIQķYu߸۵ίӚCķYF`^0.5%KX׺ϛ]@etCIQĈĽY).
IN CASE OF DIFFERENCE IN PERCENTAGE OF FE CONTENT BETWEEN CIQ ANALYSIS AND THE SAID LOAD PORT ANALYSIS IS MORE THAN 0.5% OR IF THERE EXISTS SIGNIFICANT DIFFERENCE BETWEEN THE TWO-SAID ANALYSIS IN RESPECT OF ANY ONE MORE CHEMICAL CONTENTS OTHER THAN FE, THE SELLER SHALL CONSULT WITH THE BUYER TO RECONCILE SUCH DIFFERENCE. IF AFTER CONSULTATIONS BETWEEN SELLER AND BUYER, THE DIFFERENCE CAN NOT BE RECONCILED, EITHER SELLER OR BUYER MAY BE ALLOWED TO APPEAL TO THE OTHER PARTY FOR AN UMPIRE ANALYSIS ON THE RESERVED UMPIRE SAMPLE BY AN UMPIRE CHEMIST MUTUALLY AGREED BETWEEN THE BUYER AND THE SELLER AND THE RESULT OF THE UMPIRE SAMPLE BY AN UMPIRE CHEMIST MUTUALLY AGREED BETWEEN THE BUYER AND THE SELLER AND THE RESULT OF THE UMPIRE ANALYSIS THUS OBTAINED SHALL BE THEN CONSIDERED TO CONSTITUTE THE ANALYSIS FOR THE FINAL SETTLEMENT OF SUCH SHIPMENT(ɷ݈F`^0.5%s|ĺ@pMЅf̡f߀ܽQ}tpͬxһ팦ݱӱMзԓYY).
EXPENSES OF SUCH UMPIRE ANALYSIS BE BORN BY THE PART WHOSE INITIAL ANALYSIS SHOWS A GREATER DIFFERENCE FROM THE UMPIRE ANALYSIS. IF THE UMPIRE ANALYSIS IS THE EXACT MEAN OF THE ANALYSIS OF SELLER AND THE ANALYSIS OF CIQ, THEN SUCH EXPENSES SHALL BE EQUALLY BORNE BY BOTH PARTIES(һԭYcķY^Mԓؓ؟YpYƽֵMp).

10 CLAUSE- SHIPPING AND DISCHARGING TERMS(ߺж؛lĿ)

10.1 CARRYING VESSEL SHALL NOT CARRY, UNLESS PRIOR WRITTEN APPROVAL FROM THE BUYER, OTHER CARGO THAN THE 64.5% IRON ORE. SELLER SHALL OBTAIN A WRITTEN APPROVAL FROM THE BUYER PRIOR TO THE COMMENCEMENT OF LOADING TO THE CARRYING VESSEL AND THE CARRYING VESSEL SHALL CONFORM TO THE RESTRICTION IMPOSED BY THE APPROPRIATE AUTHORITIES AT THE PORT OF DISCHARGE(˺64.5%FV֮⣬ݔֻb؛Iǰĕ׼õIĕ׼_ʼb؛ݔֻж؛۹ClѵҎt).
10.2 SUBSTITUTION OF PERFORMING VESSEL, IF REQUIRED BY THE SELLER, SHALL BE ACCEPTED BY THE BUYER UPON CONSIDERATION OF ESTIMATED TIME ARRIVAL OF THE SUBSTITUTE VESSEL WHICH MUST BE THE SAME AS OR LATER THAN THAT OF THE ORIGINAL CARRYING VESSEL PROVIDED NOT LATER THAN TERMINAL ARRIVAL DATE OF THIS CONTRACT AND THE SUBSTITUTE VESSEL SHALL BEAR THE DIMENSION WITHIN THE REQUIRED LIMITATION OF LOADING(ubԭݔr洬b܉򰴺ͬҎڵ_KߴҎbdҎtIԓ).
10.3 THE CARRYING VESSEL MUST BE CLASSIFIED AS 100 A-1 LLOYDS REGISTER OF BE OF EQUIVALENT CLASSIFICATION AND MUST BE NOT MORE THAN 15 (FIFTEEN) YEARS OLD(ݔֻ횰ڰ(LLOYDS)b100 A-1ƷҴg^15).
10.4 THE BUYER SHALL RECEIVE THE (+/- 10% AT SELLER OPTION ) PER SHIPMENT OF FEED 64.5% IRON ORE(uЌbߔ+/-10%x).
10.5 THE SELLER SHALL ADVISE, IMMEDIATELY UPON COMMENCEMENT OF LOADING, BY TELEX OR FACSIMILE, THE FOLLOWING. NAME OF THE CARRYING VESSEL; 48(FORTY EIGHT) NOTIFICATION UPON ARRIVAL OF THE VESSEL; TIME OF ARRIVAL OF THE VESSEL AT THE PORT OF THE LOADING; TIME OF COMMENCEMENT OF LOADING; ESTIMATED NET WEIGHT OF THE CARGO TO BE LOADED AND THE INVOICE OF THE CARGO TO THE BUYER AND THE BUYERS BANK(ub_ʼRͨ^늈֪ͨI헣ݔb_֪ͨb_߸ەrg_ʼbߕrgb؛ĹӋQأoIIyеİlƱ).
10.6 THE SELLERS SHALL SEND BY TELEX OR FACSIMILE TO THE BUYER IMMEDIATELY UPON THE COMPLETION OF LOADING THE FOLLOWING DETAILS OF THE SHIPMENT: NAME OF THE CARRYING VESSEL; ITEM SHIPPED; GROSS WEIGHT OF THE SHIPMENT IN METRIC TONS (MT);NET WEIGHT OF THE SHIPMENT IN METRIC TONS (MT); TOTAL CNF VALUE IN USD(bᣬuͨ^늈֪ͨI´߼Ŀdݣ؛ëءQ<>MڃȵĿrֵ<Ԫ>).
10.7 DISCHARGING SHALL BE ON CQD BASIS(ж؛CQDҎt).
10.8 NOTICE OF READINESS TO BE DELIVERED IN ORDINARY OFFICE HOURS (08:00 TO 17:00 MONDAY TO FRIDAY AND 08:00 TO 12:00 SATURDAY), EXCEPT WHETHER IN PORT OR NOT (WIPON), WHETHER IN BERTH OR NOT (WIBON), WHETHER IN FREE PRACTIQUE OR NOT (WIFPON), WHETHER CUSTOM CLEARED OR NOT (WCCON) AND WHETHER SHIPPING DOCUMENTS HAVE BEEN PRESENTED TO THE BUYER/BUYERS BANK OR NOT PRIOR ARRIVAL OF VESSEL. LAY TIME TO BEGIN AT 1400 HOURS IF WRITTEN OR CABLED OR TELEXED NOTICE OF READINESS IS DELIVERED TO RECEIVERS AND / OR VESSELS AGENT BEFORE NOON AND AT 08:00 HOURS HEST BUSINESS DAY IF WRITTEN OR CABLED OR TELEXED NOTICE OF READINESS IS TENDERED ( AS PER ABOVE) AFTER NOON. TIME FROM NOON SATURDAYS TO 08:00 HOURS MONDAYS, AND FROM 17:00 HOURS PRECEDING A NATIONAL HOLIDAY UNTIL 08: 00 HOUR NEST WORKING DAY ACCEPTED, EVEN IF USED(ʂж؛֪ͨϰrgl<һ80017008001200>rtlʂж؛֪ͨb<ųWIPON>벴λ<ųWIBON>oC<ųWIFPON>Pδ<ųWCCON>Yδڴb_ǰl?IRIyС桢늈늂Ĝʂ֪֮ͨǰlж؛1400_ʼltһյ800_ʼһ800Լһյ1700һ<@һȫԼ>8:00,@Щrgɱж؛).

11 CLAUSE-MARINE INSURANCE(߱U)

MARINE INSURANCE COVERING ORE AFTER LOADING ON BOARD SHALL BE TAKEN OUT BY BUYER AT ITS EXPENSE BUYER SHALL ADVISE THE SELLER BY FAX BEFORE THE LOADING OF THE VESSEL(bFVĺ߱UIؓ؟ُIKbǰÂ֪ͨu).

12 CLAUSE- PARITY CLAUSE(ƽȗl)

IN THE EVENT OF AN IMF PARITY OF THE CURRENCY FOR PAYMENT IN THIS CONTRACT BEING CHANGED IN THE FUTURE, SELLER AND BUYER SHALL SUBJECT TO THE THEN APPLICABLE LEGAL REGULATIONS OF THE GOVERNMENTS OF AND CHINA, DISCUSS THE PRICE OF THE ORE AND THE AMOUNT OF LETTER OF CREDIT WITH A VIEW TO EVOLVING A OLUTION(ͬҎ֧؛ŵIMFƽrڌ׃ӣpPMԓΕrgķҎKQ}ķӑՓFVrC~).

13 CLAUSE- TRANSFER OF TITLE AND RISK(ЙD׌LU)

THE TITLE WITH RESPECT TO EACH SHIPMENT SHALL PASS FROM SELLER TO THE BUYERS WHEN SELLER RECEIVES REIMBURSEMENT OF THE PROCEEDS FROM THE OPENING BANK THROUGH THE NEGOTIATING BANK AGAINST THE RELATIVE SHIPPING DOCUMENTS AS SET FORTH IN CLAUSE 7 AFTER COMPLETION OF LOADING ON BOARD, THE VESSEL AT LOADING PORT, AS PER SHIPMENT & DELIVERY TIME OF ORE(u_ͨ^ѺyյI֧ᣬӗl7؛߸bꮅᣬЙ༴D׌oI).
ALL RISK OF LOSS, DAMAGE OF DESTRUCTION RESPECTIVE THE ORE DELIVERED SHALL PASS TO THE BUYERS AT THE TIME OF DISCHARGING OF THE ORE FROM THE LOADING DEVICES INTO THE VESSEL(жdݔ^µĸNpʧҲD׌oI).

14 CLAUSE- LOSS OF CARGO(؛pʧ)

IN THE EVENT OF A TOTAL OF PARTIAL LOSS CARGO AFTER COMPLETION OF LOADING ON BOARD THE VESSEL AND BEFORE COMPLETION OF DISCHARGE AT THE DISCHARGING PORT(S), BUYER SHALL MAKE FINAL PAYMENT TO SELLER ON THE BASIS OF THE ANALYSIS AT THE LOADING PORT AS SET FORTH IN CLAUSE 9 AND QUANTITY AS MANIFESTED ON THE BILL(S) OF LANDING(bжdǰ؛ГpʧIӗl9uM).

15 CLAUSEC FORCE MAJEURE(ɿ¼)

15.1 IN THE EVENT OF DELIVERY OF ALL OR PART OF ORE UNDER THIS CONTRACT BEING OBSTRUCTED AND/OR DELAYED DUE TO OR RESULTING FROM CAUSE OR CAUSES BEYOND THE CONTROL OF SELLER AND BUYER, SUCH AS WAR HOSTILITY, MILITARY OPERATION OF CHARACTER, CIVIL COMMOTIONS, SABOTAGE, QUARANTINE RESTRICTION , ACTS OF GOVERNMENT, FIRE, FLOODS, EXPLOSION, EPIDEMICS, BLOCKADES, REVOLUTIONS,INSURRECTION, MOBILIZATION, STRIKES, LOCKOUTS, RIOTS, ACT OF GOD, SELLER OR BUYER SHALL BE RELIEVED OF THE RESPONSIBILITY FOR PERFORMANCE OF THIS CONTRACT AS PER PARAGRAPH 3 HEREINAFTER TO THE EXTENT TO WHICH SUCH PERFORMANCE HAS BEEN OBSTRUCTED(ͬҎȫ򲿷؛pܿƵԭܻt𠎡܊Єӡd}yƉЄӡzơΪġˮըвiсyӁyӆTTͣyģuIµĵ3΃ȷ؟Σֱֹͣкͬ).
15.2 IN THE EVENT THAT SUCH FORCE MAJEURE CONDITION OCCURS OCCURS PRESCRIBED INPARAGRAPH 15.1 HEREIN ABOVE, THE PART SHALL ADVISE BY CABLE THE OTHER PARTY AS SOON AS POSSIBLE AND THE SHALL, WITHIN TWO WEEKS AFTER OCCURRENCE OF SUCH VENT,FURNISH THE OTHER PARTY IN WRITING WITH THE PARTICULARS OF THE RELEVANT EVENT AND DOCUMENTS EXPLAINING THAT ITS PERFORMANCE INS PREVENTED OR DELAYED DUE TO CAUSE OR CAUSES AS SET FORTH PARAGRAPH 01 HEREINABOVE AND FURTHER SHALL FURNISH AT THE SAME TIME OR AT LATEST WITHIN TWO(2) WEEKS AFTER OCCURRENCE OF SUCH EVEN THE DOCUMENTARY EVIDENCE DULY PROVING SUCH FORCE MAJEURE CONDITION. THE PARTY DECLARING A FORCE MAJEURE SHALL DURING THE DURATION OF SUCH FORCE MAJEURE CONDITION USES ITS BEST EFFORT TO RESUME THE PERFORMANCE OF ITS OBLIGATIONS UNDER THIS CONTRACT WITH THE LEAST POSSIBLE DELAY AND SUCH PARTY SHALL ALWAYS ADVISE THE OTHER PARTY OF DETAILED PROGRESS OF THE EVENT OF FORCE MAJEURE AND THE PROSPECT OF SETTLEMENT OF SUCH EVENT AND OF THE RESUMPTION OF THE PERFORMANCE OF ITS OBLIGATIONS UNDER THIS CONTRACT PREVENTED BY ANY SUCH CAUSE OR CAUSES HEREINABOVE ENTIONED(15.1ɿ¼lһ򃍿늈֪ͨһK¼lһṩfP¼wrĕıͽጺͬлtеļYϣԼCԓ¼ĕYϡڲɿ¼lgԓ¼һMŬʹͬtĿ_СKr֪ͨһP¼wM̡QǰԼͬļsr).
15.3.- IN THE EVENT THAT THE DURATION OF THE POSTPONEMENT OF THIS CONTRACT MENTIONED HEREIN EXCEED THREE(3) MONTHS, THE OTHER PARTY SHALL HAVE THE OPTION TOCANCEL THIS CONTRACT IN RESPECT OF THE UNDELIVERY QUANTITY OR EXTEND THE PERIOD OFDELIVERY BY MUTUAL AGREEMENT(ͬҎĽ؛rgt^£Iȡԓν؛ͬ̎Ҳcuft؛).

16 CLAUSE- NON-DELIVERY & DELAYED DELIVERY(ܽ؛t؛)

SHOULD THE SELLER FALL TO EFFECT DELIVERY ON TIME AS STIPULATED IN THIS CONTRACTOWING TO CAUSES OTHER THAN FORCE MAJEURE AS PROVIDE FOR IN CLAUSE (15) OF THISCONTRACT, THE BUYER SHALL HAVE THE RIGHT TO CANCEL THE CONTRACT AND CONFISCATE THEPERFORMANCE BOND AS PER 6.1 CLAUSE. OR, ALTERNATIVELY, THE SELLER MAY, WITH THEBUYER CONSENT, POSTPONE DELIVERY ON PAYMENT OF PENALTY TO THE BUYER. PENALTY SHALLBE CHARGED AT THE RATE 0.5% OF THE TOTAL VALUE FOR EVERY 10 DAYS, ODD DAYS LESSTHAN 10 DAYS SHOULD BE COUNTED AS 10 DAYS. ODD DAYS OVER 10 DAYS SHOULD BE COUNTEDAS EXACT DAYS. THE TOTAL PENALTY SHALL NOT EXCEED 2% OF THE TOTAL VALUE OF THE CARGO INVOLVED. THE DELAY OF SHIPMENT MUST NOT EXCEED 30 DAYS AFTER THE LATESTSHIPMENT DATE OF THIS CONTRACT(uܼr؛Ϊӗl15вɿ¼IЙȡͬKӗl6.1`sC𡣻ߣuҲIͬt؛KPoIPÿtʮ֧؛ᅡֵ0.5%Ӌ㡣ʮ찴ʮӋʮϵ^_씵ӋP𿂔?ȸW^؛ᅡֵ2%t؛^ͬڵ30).

17 CLAUSE- ARBITRATION(ٲ)

ANY DISPUTE BETWEEN SELLER AND BUYER WHICH MAY ARISE HEREUNDER AND WHICH CANNOT BE SETTLED BY MUTUAL ACCORD SHALL BE REFERRED TO ARBITRATION UNDER THE RULES OF CONCILIATION AND ARBITRATION OF THE INTERNATIONAL CHAMBER OF COMMERCE OF PARIS/FRANCE. THE BOARD OF ARBITRATION SHALL BE COMPOSED OF THREE ARBITRATORS, ONE OF WHOM SHALL BE CHOSEN BY SELLER, ONE BY BUYER AND THIRD BY THE TWO SO CHOSEN(IuᵽĠҲ܅f̽QtշH̕{ٲùtMٲáٲίT3ˣuIxһˣx@x).
IF SELLER OR BUYER FAILS TO CHOOSE AN ARBITRATOR WITHIN THIRTY DAYS AFTER NOTICE OF COMMENCEMENT OF ARBITRATION OR THE TWO ARBITRATOR FAILS TO CHOOSE, A THIRD ARBITRATOR WITHIN THIRTY DAYS AFTER THEIR APPOINTMENT, THE COURT OF THE INTERNATIONAL CHAMBER OF COMMERCE SHALL, UPON THE REQUEST OF OF SELLER OR BUYER,APPOINT THE ARBITRATOR OR ARBITRATORS TO COMPLETE THE BOARD AND THE PLACE OF ARBITRATION SHALL BE THE COUNTRY OF THE DEFENDANT PARTY. THE ARBITRATION AWARD SHALL BE FINAL AND BIDING UPON THE PARTIES TO SUCH THE ARBITRATION AND MAY BE ENTERED IN ANY COURT HAVING JURISDICTION. NEITHER PART SHALL TAKE ANY DISPUTE TO ANY COURT UNTIL SUCH AN ARBITRATION AWARD HAS BEEN MADE. NO DISPUTE AS TO MATTER EXPRESSLY STATED IN THIS CONTRACT TO BE DETERMINED BY MUTUAL AGREEMENT OR TO BE
MUTUALLY AGREED SHALL BE REFERRED TO ARBITRATION NOR OTHERWISE DETERMINED THAN BY AGREEMENT OF SELLER AND BUYER(ٲ_ʼ֪ͨl֮30ȣuIxٲߣpxăɂٲõ3ߣtHͥ̕ڽӵIuՈ֮ᣬٲߵ30֮ȣָһ򔵂ٲcѵٲ߽MٲίTٲõcڱһҡٲýYЛQpأKΪԺ{CٲǰκһVԺpͨ^f̽QĠhtٲãҲf֮k).

18 CLAUSE C VALIDATION AND ALTERATION(Ч׃)

THIS CONTRACT SHALL BECOME EFFECTIVE WHEN THE DULY AUTHORIZED REPRESENTATIVES OF SELLER AND BUYER SIGN THEREON ANY CHANGE MODIFICATION IN OR ADDITION TO THE TERMS CONDITIONS OF THIS CONTRACT SHALL BECOME EFFECTIVE WHEN CONFIRMED BY BOTH SELLER AND BUYER IN WRITING BASIS DATE FIRST HEREINABOVE WRITTEN, EACH OF THEM TO BE RETAINED BY RESPECTIVE PARTY OF THIS(pᣬͬЧ޸Ļpp_JҕΪЧЧΪͬ_ʼ̎ᵽڡpһݺͬ).

19 CLAUSECBANK INFORMATION(yYӍ)

19.1 SELLERS BANK(uy)
TO BE DONE AT EXPORTERS ACCOUNT(ڳ~²)
BANK NAME(y)
BANK ADDRESS(yеַ):
BRANCH():
ACCOUNT NAME(~):
ACCOUNT NUMBER(~̖):
BANK OFFICER(yйنT):
PHONE(Ԓ):
FAX():
SWIFT CODE(SWIFT ̖):
BANK OFFICER NAME(yйنT):

19.2 BUYERS BANK (Iy) :
BANK NAME (y) :
BANK ADDRESS (yеַ) :
ACCOUNT NO (~̖) :
SWIFT CODE (SWIFT̖) :
PHONE (֪) :
FAX () :
BANK OFFICER NAME (yйنT):

BY THE SELLERu BY THE BUYERI

DATE:2/SEPTEMBER/2004 DATE:2/SEPTEMBER/2004
ڣ2004 ڣ2004

Brasil-Brazil Iron Ore export import contract/
Brasilian-Brazilian iron ore contract/
ȫɰ׼ó׺ͬȨ(PREPARE)/
ȫ۽׼ó׺ͬȨ(PREPARE)/


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