WORKING CONTRACT
AGREEMENT BETWEEN K
NIGERIA LIMITED #5, HOSPITAL ROAD, BONNY ISLAND,
BONNY, RIVERS STATE {hereinafter refers to as
SELLER of Product} AND
{hereinafter refers to as BUYER of Product}
IRREVOCABLE CONTRACT AGREEMENT FOR TRANSSHIPMENT OF NIGERIA’S PETROLEUM
This Contract Agreement is made this 1th-08,
2007. BETWEEN K NIGERIAN
LIMITED Herein after referred to as the seller (which expression shall
the context so permit include its principals, heirs successors – in-
title agent and assigns) of the first part. AND
Herein after referred to as the buyer (which
expression shall where the context so permit include its principal,
heirs, successors – in – title, agent and assigns) of the second part.
WHEREAS: Both seller and
buyer as hereinafter mentioned, have individually and/or corporately
offered to sell and accepted to buy in their respective capacities as
seller and buyer to deal and in accordance with the norms and condition
as hereafter set forth. ARTICLE 1: PRODUCT
The product referred to under this contract
shall be Petroleum Product. Therefore both
seller and buyer covenant as follows: 1.
TRANSACTION CODE: 2. PRODUCT: PETROLEUM
3. ORIGIN: BONNY 4.
DESTINATION: 50 TO 60 NAUTICAL MILES
Seller’s Signature Buyer’s signature
1. 5. QUANTITY:
5,000,000 Million Barrels 6. SPECIFICATION:
Specific gravity 0.8597
E-mail:Api@60F 36.7
Water content VOL % 0.2 RSW VOL% 0.6
Pour Point below 40.0
Salt content as NaCI, LBS/1, 000bbls 12 Sulphur
Content WT% 0.12to 0.14 Reld Vapour Pressure
(RVP), PSIG 6.52 Conradson carbon residue, WT%
1.0 V/NI, PPM WT% 2/3
Viscosity, E-mail:CST@38.80c 3.47 Yield CI C4
WT% 2.10 7. PRICE: US$8.00. Below Brent
US$5.00. Net to Buyer.
US$1.00. For Buyer’s Agent. US$1.00 Seller’s
Agent US$1.00 to Facilitators
8. PERIOD OF DELIVERY: Within 7 days after all
Banking Instruments are in proper place as indicated in the SPA.
9. QUANTITY: The total
quantity of oil delivery and sold hereunder is 5,000,000 Million barrels
(bbls)+/- 10% (plus or minus ten percent) in sport lifting approximately
equal consecutive monthly cargo lots with possible rollsa and
extensions. ARTICLE 2 QUALITY
The quality of the product shall conform will be
regular NNPC standard export grades specification of Bonny Light Blend.
ARTICLE 3 PROCEDURES 1.
SPA Signed by both parties with banking co-ordinates.
2. Buyer Appoints Independent Inspection Company
{SGS Or Saybolt} to conduct inspection on Seller’s Loaded Vessel. Buyer
is also allowed to delegate a SUPER CARGO on board the Seller’s Vessel
when conducting inspection. 3. Upon Buyer
receive the Sellers SPA and Inspection conducted, gives her CHARTER
PARTY AGREEMENT {CPA} and Q88 and AUTHORITY TO LOAD.
4. Buyer responds with his mother vessel Details
Establishing direct communication ETA link with the Seller’s Vessel and
is guided through to a safe and secured discharge point.
[[ Seller’s Signature 2
Buyer’s signature 5. Buyer opens Confirmed
Irrevocable, Transferable Letter of Credit in favour of the Seller’s
Bank within a maximum of 72 hours most probably it will be within 48
hours. 1. An independent SGS inspector appointed
by the Buyer monitors the transfer of Cargo, ascertains the Quality and
Quantity and reports back the same to the Buyer and the Seller.
2. Crude oil as per Q and Q report will be paid
in full by swift wire transfer within 24 hours of the transfer of the
cargo into the Buyer’s vessel. DOCUMENTS TO BE
SUBMITTED AFTER TRANSHIPMENT · Original Bill of
Lading · Commercial invoice
· Tanker Haulage report
· Tanker time sheet · Master’s Report document
· Certificate of Quality and Quality
ARTICLE 4 PAYMENT TERMS Payments to be made in
United States Dollars by a Confirmed Divisible, Transferable,
Irrevocable Bank Letter of Credit (LC) to the Seller’s Bank and all the
parties involve. ARTICLE 5 TRANSFERS OF TITLE
AND RISK The entire title and risk in this
transaction shall be transferred from the seller to the buyer as soon as
the product is discharged into the buyer’s vessel, quality and quantity
is ascertained. ARTICLE 6 INDEMNITIES AND
DEMURRAGE The Buyer shall be solely responsible
for all security settlement and dues covering the entire transaction up
to where her Vessel is located. [[
Seller’s Signature 3 Buyer’s signature
ARTICLE 7 GUARANTEES
This product is free from all encumbrances, criminal free and cannot
attract a demand from a government to her agencies. The seller further
assures the buyer the buyer is to violation any law by engaging in this
transaction. ARTICLE 8 FORCEMAJUER
The relevant Nigeria law and the standard
procedure of practice under the international chambers of commerce
relevant to the instant transaction shall be applicable.
ARTICLE 10 LAW, ADJUSTMENT AND ARBITRATION
The court of Nigeria and the ICC 500 regulations
shall govern this contract. All disputes connection with these presents
shall be subjected too the law of the Federal republic of Nigeria and
ICC 500. The loser shall bear all the cost arbitration.
ARTICLE 11 NON-CIRCUMVENTION AND – DISCLOSURE
CLAUSE. i. This is to certify that each of the
named signatories separately and individual, and their associates,
afflicted companies, subsidiaries division, agent, consultants, heirs
and / or other people / companies, directly related to the principles
will not make any contact with, deal or borrow, buyer or seller,
introduced by another of the signatories separately and individually,
and associate etc. without permission in writing of the introduction
signatory (ies) and assigns. This agreement is a
perpetuating guarantee for 5(five) years form the dates(s) affixed below
and is be applied to any all transaction of any kind introduced by
signatory (ies) of other mentioned above; including subsequent follow
up, repeat, extended or negotiated transactions, all parties will agree
on commission structure. ii. The signatory (ies)
hereby agree completely confidentially, the names of any banks, lending
institution, corporations investors, trading companies, seller
introduced by any of the named signatory (ies) or their associates and
shall remain so for the duration of this agreement.
Any controversy or calms arising our for or
relating to the contract or breach thereof, which is not settled between
the signatories themselves shall be settled by transaction in accordance
with the rule, rules to the pair international chamber of commerce
convention (ICC 1998 and latest revision). And judgment upon award being
related to the total remuneration received as result of business
conducted with the parties covered by this agreement, plus all court
cost. Attorney fees and other charges and damages deemed by the
arbitrators [[[ Seller’s
Signature 4 Buyer’s Signature.
THIS NON-CIRCUMVENTION
AND NON-DISCLOSURE AGREEMENT. Constitutes the
only agreement of the named signatory (ies) and supersedes any prior
understanding r written or oral agreement between the named signatory
(ies) which is not contained in the written agreement shall be valid or
binding, and this agreement may not be enlarge, modified, or altered
except in writing signed by the named signatory (ies) and endorse
herein. This agreement shall insure to the benefit of and be binding
upon the heirs, executor, administration, and successor of the
respective named signatory (ies). In witness
whereof the parties here to have caused their respective common affixed
hereon with their hands and signatures and first above written.
SIGNED, SEALED AND DELIVERED BY
THE WITHIN NAMED SELLER
SIGNATURE:
NAME: DESIGNATION:
DATE: 1- 08 - 2007
SIGNED, SEALED AND DELIVERED BY THE WITHIN NAMED
BUYER SIGNATURE [[[
NAME: DESIGNATION:
DATE: 1th -08, 2007.
Seller’s signature 5 Buyer’s signature BANKING
CO-ORDINATES [[ SELLER’S
BANKING DETAILS BANK NAME:
ADDRESS: FIELD 57A:
FIELD 59A: SWIFT CODE:
FIELD 72: /ACC/ FOR FURTHER CREDIT OF:-
Seller’s Signature 6
Buyer’s Signature BUYER’S BANKING DETAILS
:
SELLER’S AGENTS BANKING
DETAILS{$1.00US}PER BBL Bank Name:
Bank Address: A/C NAME:
A/C NO.: Swift Code:
SORT CODE: ATTN:
FURTHER CREDIT TO: A/C
NUMBER: A/C OFFICER:
Seller’s Signature 7 Buyer’s signature BUYER’S
AGENT BANKING DETAILS. SELLER’S FACILITATORS
BANKING DETAILS {$0.50} PER BARREL Bank Name:
FOR CREDIT TO: SWIFT
CODE: ABA NO.: FOR
FURTHER CREDIT TO: SWIFT CODE:
FCD A/C NO. FINAL
BENEFICIARY: A/C NUMBER:
BRANCH: Seller’s
Signature 8 Buyer’s signature BUYER’S
FACILITATORS GROUP ‘A’ BANKING DETAILS {$0.17) PER BARREL
Bank Name: Bank Address:
ABA Sorting Code: Swift
Code: Name of A/C:
Account No: For Final Credit:
Customer Name: Account
No: Location: Account
Officer: Telephone:
BUYER’S FACILITATORS GROUP ‘B’ BANKING DETAILS ($0.17 PER BARREL
Bank: Address:
Acct Officer: Acct
Number: Acct Name:
Seller’s Signature 9 Buyer’s signature Hope to
hear from you soon . Director ( Bezediah.
Victor) |