E-Mail: chensihong@chensihong.org
Subject: copper export import contract newspaper
Text:
www.australia-brazil-china-india-iron-ore-bulk-vessel-ship-shipping.com
www.chensihong.org
Sales
Purchases Agreement Copper Cathods
1. - GENERAL.
SELLER:
Name :
Address :
City :
Telephone :
Email :
Legal Representative :
(Hereinafter referred to as “THE SELLER”) and
BUYER:
Name :
Address :
City :
Telephone :
Fax :
Email :
Legal
Representative :
(Hereinafter referred to as
“THE BUYER”).
WHEREAS:
That THE SELLER has the legal right to sell
Copper Cathods as from 10,000 metric tonnes per Month until 1 annum
That the BUYER wants to Purchase Copper Cathods
as from as from 10,000 metric tonnes per Month until 1 annum to THE
SELLER, under the terms and conditions herein exposed and
That the SELLER and that THE BUYER agree that
what is contained herein will be limited and Subject to the Products
Requirements and that the Product shall meet all the time with said
Requirements as explain in the Clauses 3 and 4 herein contained.
That THE SELLER Guarantees that it has Full and
Free Disposition, Legal and Personal Responsibility, and total Authority
to Sell and Deliver the Product, subject matter of the present Agreement
and that it Guarantees its capacity to Sell and Deliver said Product in
the Amounts and Qualities specified by THE BUYER, within the Clauses
stipulated in this agreement.
2. - PRODUCT. -
2.1. - Electrolytic Copper Cathodes
(electro-obtained), Category 'Standard', Norm ASTM B 125/00, 2.2. -
Specification: Minimum purity, 99,95%
2.3. -
Pesentation: Cathodes of 1.00 m. x 1.20 m x 0.5'- 1.0' thickness.
2.4. - Country of origin: Chile, South America
3. -PACKAGE. -
3.1. -1MT
net for pallet.
4. - QUANTITY. -
4.1. - Total quantity: Around 120.000 MT (+ / -
10% to option of the Seller), for delivery during twelve months starting
from the first shipment.
5. - SHIPMENT. -
5.1. - First shipment, of around 10,000 MT (+ / -
10% to option of the Seller), it will be shipped 45 days calendars of
receiving, an Irrevocable letter of credit, transferable and acceptable,
confirmed in the Bank, payable against shipping documents.
5.2. - Following shipments will be monthly, every
30 days starting from the first shipment.
5.3. –
In case the Buyer, decide, with 75 days of anticipation to the
corresponding shipment, to change the port of destination, a difference
of additional freight will be negotiated, between the Seller and the
Buyer, which will be added to the Letter of Credit corresponding to this
shipment.
5.4. - If the new designated port of
destination, due to its excessive distance of the shipment ports in
Chile, impacts in an excessive difference of freights for shipments from
10,000 MT to that port, they will be made, then, embark of 20,000 MT,
with intermediate terms of 60 days calendars to gather the necessary
load in the shipment ports in Chile.
5.5. -
Example of very distant ports: China, Japan, India, Europe, among
others.
6. - DELIVERY. -
6.1. - Delivery will be FOB Antofagasta Chile
6.2. - Rhythm of Discharge: 1.500 MT, for
operable scuttle, by WWDSHINC.
6.3. - The
delivery is completed when emitting the Accomodation bills of lading
corresponding to the shipment.
7. – PRICE
7.1. - All conditions in this contract are based
on INCOTERMS 2000.
7.2. - Price: CNF China/Korea
LME –1% + USD95.00 per MT.
7.3. - This Sale
price is based in:
-Average of the Price 'Average
LME Official Cash Price', of the LME, of the previous immediate month to
date of the opening of the L/C, or of the 30 previous days
7.4. - for each shipment, the price will be
determined, consequently, in relation to the Price 'Average LME Official
Cash Price', of the LME, of the previous immediate month or of the 30
days previous to the opening of the L/C corresponding to that shipment,
more the previously suitable prize, more the freight corresponding to
the arranged Port of destination previously.
8. -
PAYMENT. -
8.1. -Buyer will make emit, through
his Commercial Bank of First Class, a Documental, Irrevocable,
Non-Transferable Letter of Credit 100% at sight, Completely Operative,
advised and Confirmed for the Bank.
8.1.1.
-Advised Bank will be nominated, also, as bank transferor.
8.2. - This Documental Letter of Credit will be
payable at sight, irrevocable, transferable in the Bank designed for
seller.
8.4. - Shipments to port designed for
buyer, the Documental Letter of Credit will open up for an aggregate
value of around LME -1%, 100 payable at sight%, in the bank offices,
against first and total presentation of the following documentation:
a) Commercial invoice of the Seller, signed, in
three copies, indicating Number of this Contract, Number of the Letter
of Credit corresponding to the shipment, shallow description of the
product, weight and quantity, Unit price and total quantity, in US
Dollars,
b) Rammer Certificate emitted by
SGS-Chile, specifying that the load has been stowed on board the ship
transporter according to the regulations of the Lloyd's of London,
c) Certificate of origin, in an original and four
copies,
d) Certificate of Inspection of Quality,
emitted by SGS-Chile, including a sampling certificate and Analysis,
specifying the current percentage of purity of content of Copper (Cu) in
the cathodes; as also their inclusion inside the Norma ASTM B 125/00,
and) Certificate of Weight, emitted by SGS-Chile,
indicating the number of loaded Cathodes and their total weight. In an
original and four copies,
f) A Complete Game of
Accomodation bills of lading, Clean on board, emitted made out to order,
endorsed blank, marked 'it Freights Pre-paid according to the Contract
of carriage (Charter Party), notifying
to…………………………………………………………., in three originals and
three copies
8.4.1. -Copy of the documents
'a,b,c,d and and' enumerated above, they will be presented, together
with the other shipping documents, properly legalized, either for the
Chamber of Local Trade or for a Notary public.
8.5. - All charges banking, including preadvice
and confirmation of the Letter of Credit, they will be for Buyer account
and, of there from now on, for the Seller account.
8.5.1. –Refund Bank : ……………….………………
(Names and address completes).......................
8.5.2. - Code SWIFT of Refund bank : ………..
8.5.3. - the Documental Letter of Credit will
include a refund clause immediately via SWIFT/TELEX that allows to the
Payer Bank/ to be reimbursed, inside the admitted dates, against simple
advise to the issuing bank that the negotiated shipment documentation is
fulfilling the conditions of the Letter of Credit strictly. And that
this documentation is being correspondent to the Issuing Bank of the L/C
via Bonded Courier.
8.6. - any expense for
amendment or extension of the L/C, after the total acceptance of the L/C
for the Seller, it will be for total bill of the Party to be charged of
causing this amendment and/or extension.
8.7. -
Documental Letter of Credit will be advised him to the Seller, in
complete way, inside the five (5) bank days of the signature of this
contract. If this doesn't happen, the Seller is entitled the of
declaring this null and void contract.
8.8. -
Documental Letter of Credit will be valid to embark up to 50 days after
the emission date.
8.9. - Validity for
negotiation of this documental Letter of Credit will be of up to 65
days, in the Bank office.
8.10. -Documental
Letter of Credit will specify that the transshipments won't be allowed
and that the partial shipments yes they will be allowed.
8.10.1. - Ports of Shipment: Antofagasta, Chile.
8.10.2. - Discharge port: aswp
9. - INSPECTION. -
9.1. -
the delivery will be inspected by SGS-Chile, previously to the shipment,
in the ports of shipments.
9.2. - Costs of the
inspection will be paied for Seller.
9.2. -
Seller will be responsible for organizing the inspections of SGS-Chile.
9.3. - Quality and the quantity (I weigh) they
will be considered as final in the Ports of Shipment, according to the
corresponding Quality certificates and Weight emitted by SGS-Chile
and/or the corresponding local Authorities.
9.4.
- Buyer will be entitled the to designate his representative(s) to be
present in the Ports of Shipment to observe the shipment. The Seller
will cooperate, in the best possible way in order to that the Buyer's
representative is present during the discharge of product.
10. – Terms and Conditions
10.1. - Parts agree that the contract will finish
thirty (30) days after the execution of the last hired shipment. Their
execution means the delivery of the Accomodation bills of lading.
10.2. - the parts agree that this contract will
finish if acts of God or government regulations impede the continuation
of this Contract.
11.- Procedures
1) Buyer issues LOI with full banking coordinates
to seller
2) Seller issues Draft Contract
3) Buyers returns this Draft signed & sealed and
issues via DHL hardcopies to seller
4) Within 3
days banking days, after signed contract, issues the Proof of product
(POP) to the buyer bank and Performance Bond 2% favour to buyer.
5) Within 3 days, after POP and PB 2%, the buyer
bank issues the operative L/C.
6) The inspection
of the merchand will be done in the port load, at seller's expenses by
SGS and/or authorized people of company at buyer's expenses
7) Shipment commence as per schedule program
agreed by the parts
8) Payments against B/L in
the Port load.
12. - Miscellany
12.1 Arbitration –
Remembers that the procedure and the rules of the
International Chamber of Trade, they will govern for this Contract.
12.2. - Act of God.
12.2.1. - Provisions of Act of God and serious
difficulties according to the publication number 421 of the
International Chamber of Commerce will be applied for this Contract.
12.2.2. - Act of God causes, such as Acts of God,
strikes in the mines, plants, unemployment of operations in the
railroads, means of internal transport, team flaw, explosions in plants,
flaws of marine team that retracen deliveries or that they cause lost of
the ship or their load, interventions of governments, wars or civil
disturbances that affect the preparation, transport, surrenders in port,
or any cause outside of the control of anyone of the parts, they limit
the responsibility of faithful execution of this contract. The parts
will decide among if the feasibility of to continue the contract or to
cancel it, depending on the severity of the case.
12.3. - this is a Contract of all commercial
resource subject to the laws of Chile and International laws
12.4. - Parts agree to be legally responsible for
their own taxes, overcharges on the import and rates, commissions and
any other cost that it can be applicable in the execution of their
respective functions and any entrance or lost that is for concept of
this contract.
12.5. - Communications - All
advises to the respective parts of this Contract will be in writing,
transmitted by means of personal delivery, or for fax, or by mail
Electronic, or by mail Registered, or for Private Messenger and it was
considered received to the personal delivery, or against receipt
verified by private messenger or Registered Mail. The above captioned
addresses for the parts of this Contract will be the town where they
will be correspondents all the official notifications to less than that
a town change notice is communicated to the respective parts in
opportune time.
12.5.1. - Any telefax or
electronic mail, or any correspondence or documentation associated with
this contract will be considered as legal and obligatory for all the
parts of this contract and it will be in such a way considered by any
tribunal without caring county, state or nation, being given up all
right of diplomatic immunity, of sovereignty or of another nature, that
which will give to these documents total forces and legal effect
according to the true purpose and the signatories' of this Contract
intention.
12.5.2. - Any verbal representation,
guarantee or pronouncement of third will have force or effect on this
Contract, and anyone and all modification or amendment to this contract
for anyone of the parts it will be in writing and signed by both parts
before being effective.
12.5.3. -All reference to
this Contract will be from code number: Cu 040222
12.6. -Commission and Honoraria –
Both parts will be responsible for those
commissions and honoraria that you/they have agreed to pay in writing.
Each part will reimburse and he/she will liberate from responsibility to
the other part against any birdcall, it demands and/or expense of third,
nevertheless like arise.
12.7. - Total
understanding. - This Contract of Full Commercial Resource, once signed,
it will constitute the complete agreement among the parts and it will
replace any other understanding, either verbal or written,
12.8. -Condition of the Maritime Contract of
carriage. - For the goods faithful execution of the marine transport of
the origin port to the port of destination, the conditions of the
contract of marine freight will be incorporated in this contract. The
Seller will make arrive this conditions in opportune time to the Buyer.
The conditions that will affect the Buyer are those that specify the
weight of the load according to the inspection of soaked, discharge
rhythm, soon office or it delays in the port of destination, as well as
those that affect the sure transport and protection of the load.
12.9. - This Contract will remain effective in
full force and effect until the obligationses of each one of the parts
have been completely fulfilled, including those arranged ones on its
extension.
12.10. - the complete responsibility
of the parts of this Contract was limited to the intentional damage or
caused by obvious negligence.
12.11. -
invalidations. - In the case that any clause or provision of this
Contract is considered invalid legally by a Court competent, and this
action you has not appealed, and if such an invalid provision is not
legally important for the obligatoriedad of this Contract, this Contract
will be fully valid as soon as it doesn't include the clause invalidated
provision.
13. - Signatory
13.1 - Each one of the parts confirms, under
penalty of perjury that each one has capacity and licit and legal
authority to execute this Contract, making the conditions of the same
one fully obligatory legally for each one of the parts.
13.2. - The parts have entered in good faith in
this Contract and each a he/she commits to exercise the biggest effort
in the middle of cooperation spirit to reach the purposes here proposed.
13.3. - Signatories recognize and they affirm
that they understand their obligationses and rights fully regarding this
Contract, and that they have had appropriate time and opportunity to
consult with the legal consultant of their preference, and they have
been informed fully or having had such a legal advice, they have
executed this Contract freely and without any reservation.
13.4. - the suitable page, to take the Seller's
signatures and of the Buyer; all the other pages will take the initials
of each part in test of acceptance.
13.5. - in
test of all the above-mentioned, we sign and we seal:
For the Seller……………………………….
For the Buyer……………………………………
