UREA CARBAMIDE
CARBONLYLDIAMIDE GRADE B
ORIGIN UKRAINE –
RUSSIAN – CIS – SELLER OPTION
GOST NUMBER 2081 –
92
MARK GRADE B – AGRICULTURAL
PRILLED EMPERICAL FORMULA GRADE OF PURITY
H2N-CO-NH2-TECHNICAL-CP-FERTILIZER
46.2 %
MINIMUM NITROGEN CONTENT
NITROGEN BY WEIGHT
CONTENT 46.2 % MINIMUM
MOISTURE 0.5 % MAXIMUM
FISHER METHOD 0.3 % MAXIMUM ON DRYING BASIS
BIURET BY WEIGHT 1 % MAXIMUM
ANTI CAKING AGENT 0.5 % MAXIMUM
AMMONIA FREE 160 PXT – PPM MAXIMUM
PRILL 95 % MAXIMUM
GRANULATION FROM DIMENSION 1 – 4 MM – 94 % MINIMUM
DIMENSION LESS THAN 1 MM – ABSENCE
MELTING POINT 132 ° DEGREE CELSIUS
COLOR CLEAN WHITE PRILLED
PH VALUE 8.5 – 9.5
RADIATION CERTIFIED FREE
FREE FLOWING
ANTI-CAKING THREATED
PHYSICAL 100 % FREE FROM
HARMFUL SUBSTANCE AND IM-
PURITIES AND DUST.
PRODUCTION FRESH
INSPECTION BY SGS PORT OF LADING
CERTIFICATION
BY SGS PORT OF LOADING
PACKING BAGS
ORIGIN : COMMONWEALTH OF INDEPENDENT STATES
(CIS), UKRAINE, RUSSIA SELLER’S OPTION
DESTINATION
PORT & COUNTRY : CIF – ASWP (COST,
INSURANCE AND FREIGHT PAID DELIVERED TO ANY
SAFE
WORLD PORT);
WEIGHT & QUALITY
INSPECTION : SOCIETE GENERALE DE SURVEILLANCE
(SGS) AT SELLER’S COST SHALL INSPECT COMM
ITY AT
THE PLACE OF LOADING. SGS SHALL ISSUE AN INSPECTION CERTIFICATE OF QU
ITY AND QUANTITY FOR EACH SHIPMENT TO CERTIFY
THAT THE GOODS ARE IN GO
ORDER AND CONDITION AND
BEING CONFORM TO THE SPECIFICATIONS HEREIN STAT
PACKING : 50KG EXPORT WORTHY BAGS OR JUMBO BAGS/BULK BAGS;
PERIOD : 120 MONTHS.
TOTAL QUANTITY : 20,000,000 MT (TWENTY MILLION METRIC TON);
YEAR QUANTITY : 2,000,000 MT. MINIMUM QUANTITY
TO BE SHIPPED IS 12,500 MT;
PRICE : USD$ 300/MT
(THREE HUNDRED UNITED STATES DOLLARS PER METRIC TON) C.I.F. ASW
YEAR PRICE : US$ 600,000,000 (SIX HUNDRED
MILLION UNITED STATES AMERICAN DOLLARS);
PAYMENT
GUARANTEE : 3 MONTHS BG/SBLC PLUS MONTHLY RLC, RENEWABLE EACH YEAR.
3-THREE BG’S
SBLC TO BE OPERATIVE FOR THE ENTIRE
LENGTH OF CONTRACT AND PAY FOR L
3-THREE MONTHS
WITHIN 12-TWELVE MONTHS AND REVOLVING LETTER OF CRE
(RLC) FOR THE BALANCE OF THE CONTRACT WITHIN
12-TWELVE MONTHS. THE 3-TH
BG’S OR SBLC AND THE
REVOLVING LETTER OF CREDIT SHOULD BE ISSUED, CONFIRM
AND GUARANTEED BY A TOP 50 RATED WORLD BANK.
PAYMENT CONDITIONED TO
PRESENTATION OF THE
ORIGINAL SHIPPING DOCUMENTS AT BUYER’S BANK. PAR
SHIPMENTS ARE ALLOWED.
INSPECTION : SGS AT
SELLER’S EXPENSE AT LOADING PORT.
PURCHASE
PROCEDURE:
1. AFTER SUBMISSION OF FCO, BUYER
ACCEPTS AND SENDS SIGNED/SEALED COPY TO SELLER AND GIVE WRIT
BANK COMFORT LETTER (BCL) TO SELLER (WITH FULL
BANKING INFORMATION) AS FOR LAST PAGE TO BE FILLE
WITH BUYER’S BANK ENDORSEMENT;
2. SELLER ISSUES THE DRAFT CONTRACT WITH ALL
CONTRACTUAL INFORMATION TO THE BUYER;
3. BUYER
SIGNS AND SEALS THE CONTRACT ELECTRONIC AND RETURNS IT TO SELLER WITH
TEXT FINANCE INST
MENTS FOR SELLER’S BANK
ACCEPTANCE;
4. SELLER SIGNS/SEALS THE CONTRACT,
PRINTS OUT 4-FOUR HARD COPIES TO SEND BY COURIER TO BUYER;
5. BUYER SIGNS HARD COPIES AND RETURNS 3-THREE
OF THEM BACK BY COURIER AND LODGES 1-ONE HARD C
TO ITS BANK;
7. BUYER ISSUES THE TRANSFERABLE
BG’S/SBLC’S AND RLC TO SELLER’S BANK;
8. SELLERS
BANK ISSUES 2.0% PBG TO BUYER’S BANK ;
9.
INSPECTION BY SGS AT LOADING PORT;
10. PAYMENT
AT 100% AT SIGHT AS PER L/C TERMS;
11. DELIVERY
AS PER CONTRACT.
UPON ACCEPTANCE OF THIS FCO,
SELLER SENDS THE PRELIMINARY CONTRACT (SPA). ON BUYER’S ACCEPTANCE AND
RETURN BY E-MAIL, THE SELLER WILL COUNTERSIGN
WHICH MAKES THE SPA THE FINAL CONTRACT. ONE COPY WILL
BE E-MAILED TO BUYER, FOLLOW BY 4-FOUR HARD
COPIES BY COURIER POST. WITHIN 7-SEVEN BANKING DAYS OF
RECEIPT BY E-MAIL, THE BUYER’S BANK SHALL SWIFT
THE NON-OPERATIVE BANK INSTRUMENT. ON RECEIPT SELLER’S
BANK SHALL SWIFT PROOF OF PRODUCT (POP) AND
PERFORMANCE BOND GUARANTEE (PBG) WHICH WILL ACTI-
VATE THE NON-OPERATIVE BANK INSTRUMENT WITHOUT
FURTHER CONFIRMATION.
THIS FCO IS VALID ONLY WHEN BUYER SIGNED/SEALED WITH FULL BANKING
DETAILS WITHIN 5-FIVE DAYS FROM THE
DATE OF
ISSUED. DELIVERY WILL START NOT BEFORE THAN 20-TWENTY DAYS FROM LC
LODGED AND CONFIRMED BY
SELLERS BANK.
1. DELIVERY TERMS:
a) FIRST SHIPMENT TO BE
DELIVERED MAXIMUM 30-THIRTY DAYS FROM OPERATIVE L/C;
b) DELIVERY TERMS FOR THIS AGREEMENT SHALL BE
CIF AWSP (COST INSURANCE AND FREIGHT PAID TO ANY
WORLD SAFE PORT - INCOTERM 2000);
c) SELLER IS
RESPONSIBLE FOR ALL CHARGES AT LOADING COUNTRY;
d) BUYER IS RESPONSIBLE FOR ALL CHARGES AT ITS DESTINATION;
e) QUANTITY OF THE COMMODITY DELIVERED INDICATED
IN ADDENDUMS TO THE CONTRACT.
2. PAYMENT TERMS:
a) 3-THREE FULLY FUNDED STAND-BY LETTER OF
CREDIT TO BE OPERATIVE FOR THE ENTIRE LENGTH OF CON-
TRACT AND PAY FOR LAST 3-THREE MONTHS AND
REVOLVING LETTER OF CREDIT (RLC) FOR THE BALANCE
OF THE CONTRACT. THE FFSBLC AND THE RLC SHOULD BE ISSUED, CONFIRMED AND
GUARANTEED BY A TOP
PRIME WORLD BANK ACCEPTABLE
TO THE SELLER. PARTIAL SHIPMENTS ARE ALLOWED.
b) DUE PAYMENTS FOR THE DELIVERED COMMODITY
SHOULD BE MADE AFTER SUCCESSFUL VERIFICATION OF
THE COMMODITY BY SET OF SHIPPING DOCUMENT RECEIVED BY BUYERS BANK INCL.
THE SGS AGENCY
AND B/L AS FOLLOW:
COMMERCIAL INVOICE
CERTIFICATE OF ORIGIN
CERTIFICATE SGS QUALITY & QUANTITY
CLEAN SET OF
BILL LADING
EXPORT DOCUMENTS FROM EXPORTING
COUNTRY
PACKING LIST.
3. NOTICES: ANY AND ALL NOTICES REQUIRED TO BE
GIVEN BY ONE PARTY TO THE OTHER PARTY TO THIS AGREEMENT SHALL BE
IN WRITING AND BY POSTING THE SAME BY
CERTIFIED/RECORDED POST AT THE ADDRESS OR ADDRESSES AS STATED
COPIED BY FACSIMILE OR EMAIL, DIRECTLY TO THE
PARTIES REFERENCED HEREIN.
4. FORCE MAJEURE:
THE
PARTIES HERETO SHALL NOT BE HELD LIABLE FOR ANY FAILURE TO PERFORM UNDER
THE "FORCE MAJEURE"
CLAUSE AS REGULATED BY THE
INTERNATIONAL CHAMBER OF COMMERCE, PARIS - FRANCE WHICH CLAUSES ARE
DEEMED TO BE.
5. ETHICS:
(NON-CIRCUMVENTION & NON-DISCLOSURE)
BOTH BUYER
AND SELLER ACKNOWLEDGE THAT THE HARM TO THE OTHER PARTY WOULD BE
SUBSTANTIAL AND
THEREFORE THE SELLER AND BUYER
AGREE TO ABIDE BY THE CUSTOMARY INTERNATIONAL RULES OF NON-
CIRCUMVENTION AND
NON-DISCLOSURE AS ESTABLISHED BY THE INTERNATIONAL CHAMBER OF COMMERCE
IN
PARIS, FRANCE FOR A PERIOD OF FIVE (5) YEARS
FROM THE DATE HEREOF. SAID NON-CIRCUMVENTION AND NON-
DISCLOSURE SHALL INCLUDE, BUT NOT BE LIMITED TO
COMMUNICATING WITH EACH OTHER'S BANKS, REPRESENTA-
TIVES OF BUYER DEALING WITH CUSTOMS, BROKERS OR
SELLER'S MANDATE. THE UNDERSTANDING AND ACCORD OF
THIS SUBPARAGRAPH WILL SURVIVE THE TERMINATION
OF THIS AGREEMENT
6.
BINDING AUTHORITY:
THIS FCO/AGREEMENT IS BINDING
UPON THE PARTIES HERETO, THEIR ASSIGNS AND SUCCESSORS AND IS SIGNED
WITH FULL AUTHORITY TO ACT.
7. TOTAL AGREEMENT:
THIS FCO/AGREEMENT SUPERSEDES ANY AND ALL PRIOR
AGREEMENTS AND REPRESENTS THE ENTIRE AGREEMENT
BETWEEN THE PARTIES. NO CHANGES, ALTERATIONS OR SUBSTITUTIONS SHALL BE
PERMITTED UNLESS THE SAME
SHALL BE NOTIFIED IN
WRITING AND SIGNED BY BOTH PARTIES.
THE SELLER/BUYER MAY AT ANY TIME ASSIGN THE
CONTRACT OR ITS TOTAL OR PARTIAL PERFORMANCE HEREOF TO
ANY OTHER COMPANY, WHICH ASSUMES THE OBLIGATIONS
OF THE SELLER/BUYER UNDER THE TERMS OF THE AS-
SIGNMENT. FORMAL NOTICE OF THE ASSIGNMENT SHALL BE RENDERED TO THE
BUYER/SELLER, EXPRESS INDICATING
THEREON THE
ASSIGNEE'S ADDRESS. THE ASSIGNING PARTY MUST HAVE WRITTEN PERMISSION
FROM THE AS-
SIGNED PARTY APPROVING THE NEW
PARTNER.
8. EXECUTION OF
THIS AGREEMENT:
THE TERMS OF THIS FCO/AGREEMENT
SHALL BE CONFIRMED AND SIGNED BY THE BUYER AND TO BE SENT TO THE
SELLER VIA FACSIMILE OR EMAIL. SAID EXECUTED
FACSIMILE OR EMAIL SHALL BE BINDING AND INITIATES AND CON-
CLUDES THE LEGAL LIABILITIES BETWEEN BUYER AND
SELLER OF THIS CONTRACT. BY SIGNING BELOW, BOTH PARTIES
ABIDE BY THEIR CORPORATE AND LEGAL
RESPONSIBILITY, AND EXECUTE THIS CONTRACT UNDER FULL PENALTY OF
PERJURY
9. PERFORMANCE BOND & PROOF OF PRODUCT
AVAILABILITY
UPON ITS RECEIPT AND ACCEPTANCE,
SELLER’S BANK WILL ISSUE A CORRESPONDING 2% PERFORMANCE BOND (PB)
TO ACTIVATE THE SAID PAYMENT INSTRUMENT WITHIN
FIVE (5) BANKING DAYS AFTER THE RECEIPT OF THE NON-
OPERATIVE BANK INSTRUMENT FROM BUYER’S BANK. THE
PBG AND POP UPON RECEIPT SHALL ACTIVATE THE NON-
OPERATIVE BANK INSTRUMENT WITHOUT FURTHER CONFIRMATION.
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