Quantity:
Shipment of 115,000 MT. SPOT
Loading Port:
Rotterdam
Price:
Platt’s index, 2 day’s average of the date of delivery, the day before and the day after.
Discount:
Minus eleven GROSS US Dollars ($ 11.00); NET nine US Dollars ($09.00) under the Platts Rotterdam price per ton to the Buyer.
Commission is $ 2, is divided 50/50 between the parties, the Purchaser and the Seller and paid by the seller in a contract NCNDA / IMFPA of «____» ___________ 2012 is considered an integral part of this Contract:
DELIVERY:
Rotterdam FOB
Validity of contract:
This agreement is valid till end of transaction and lift and transfer the title
Documents:
1) Seller’s Invoice.
2) SGS Certificate of Quality,
3) SGS Certificate of Quantity.
4) CPA, BOL, Passport, Quality Report, Cargo Manifest, Fuel Specifications
Payment:
Payable by swift transfer MT 103 upon the presentation of documents and DIP test.
Procedures:
1. Buyer and seller sign the contract and activation your bank.
2. Seller sends an invoice to the pro forma cost of products in accordance with the Platt Rotterdam at the moment.
3. Seller issue Commercial invoice to the buyer. Buyer to accept CI is approved and sent back to the seller. Seller to confirm and accept and return CI made for the buyer. Sellers bank to bank customers POP documents, CPA, BOL, passport, quality report, cargo manifest, fuel characteristics, SGS inspection, Q & Q, Dip tests.
4. Payment is 103 MT against the transfer of ownership of the address / name of the buyer.
5. The seller will continue to provide the identity of the buyer all the tank manufacturer.
6. Buyer provides vendor contact person in Rotterdam, who will be responsible for the transaction.
Duties and Taxes:
The Buyer shall be fully responsible for all duties and taxes levied on cargo by the authorities of the country of discharge. Title shall pass from Seller to Buyer when the complete discharge of cargo is made to the Buyer.
Applicable Law:
Any dispute arising during the execution of this contract shall be settled amicably. If parties fail to do so, they shall accept as final the decisions of the court of arbitration of the International Chamber of Commerce, publication ICC 2000 or latest issue, Paris. French Laws to apply.
Force Majeure:
Neither party to this agreement shall be responsible for breach of contract cause by acts of God, insurrection, and breakdown of refinery operations or supplies to the seller, civil war, military operations, and national or local emergencies. The parties hereby accept the international provisions of Force Majeure and hardships published by the International Chamber of Commerce of Paris I.C.C.500 or latest..
Non Circumvention / Non-Disclosure:
The undersigned parties do hereby accept and agree to fulfill obligations due to agents and facilitators. In the event of direct, or even indirect circumvention through a third party, the circumvented party shall be entitled to legal monetary award equal to the maximum service fees it should have realized from the transaction.
Language and Signing:
The terms and conditions of this contract are accepted and binding on all parties to this contract. The parties confirm that each has read and understood the terms and conditions as written. If any term and condition of this contract be held by a court of competent jurisdiction to be invalid, void or unenforceable, the rest of the contract shall remain in full force and effect and shall in no way be affected, impaired and invalidated. Both parties having understood all the terms and conditions of the above sale and purchase agreement hereby agree to honor all clauses with all privileges, rights and immunities pertaining herein, making this agreement effective on the date of signing by all parties and is executed in multiple copies to the parties hereto represented, each of which is equally effective.
Declaration:
The undersigned declare that the foregoing instrument fully sets forth the entire agreement between the parties and that the signatories below have been fully and duly authorized to enter into and bind each representative company to the contract.
In witness whereof the parties have executed this agreement under the hand of their duly authorized officers as witnessed below.
This document is issued in two originals (one for each party) and 2 copies for the respective banks, and each page has to be signed and stamped by the parties.
This agreement is reached on this day of December 3rd, 2012.
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