Date:
Metalmin order:
Buyer:
Seller:
This contract is made by and between the buyer and seller whereby the buyer agrees to buy and the seller agrees to sell the under mentioned goods on terms and conditions stated below: 1、 DESCRIPTION OF THE GOODS
Chrome Ore complying with the following specifications: Contract
Ore type Cr2O3 SiO2 Al2O3 MgO Cr/Fe P S Size:-1mm ORIGIN:
2、 QUANTITY
3、 PACKING
4、 PRICE
5、 DELIVERY/SHIPMENT
Guaranteed 5.1 CIF Lianyungang Port, China All destination charges for Buyer’s account.
5.2 Partial Shipment to be allowed and Transshipment to be allowed.
5.3 Shipment to be effected in Container chartered by the Seller and due to call at any Port of
Southern Africa for loading of material during September 2010. Latest shipment date in L/C the 10 October, 2010.
5.4 Shipment Advice: The seller shall advise the buyer within 5 working days after completion
of loading giving full details of the Shipment including name of vessel, contract No., name
th
of commodity, approximate gross weight/L date and approximate invoice value.
5.5 Each sale is only deemed to take place on the buyer’s receipt of the relevant Bill of Landing
5.6 Shipment may be delayed on account of late opening of L/C.
6、 PAYMENT
6.1 By Usuance Letter of Credit (L/C) payable at 90 days from Bill of Landing and available by
negotiation with any bank covering 100% of the value of the shipment .The L/C to be
issued by any one of top 5 banks in China as listed below.
The Letter of Credit to be issued out immediately, and opened in a format acceptable to the Seller.
6.2 Documents required for 98% Provisional Payment:
· 2 originals plus 3 copies of commercial invoice, based on · 2 originals plus 3 copies of packing list
· Full set of 3/3 Clean shipped On Board Ocean Bill of Landing, marked” freight prepaid”,
blank endorsed and notify party
· 1 originals plus 2 copies of Certificate of Weight issued by · 1 originals plus 2 copies of Certificate of Quality issued by
· 1 originals plus 1 copies of Certificate of Origin issued by the Beneficiary · 1 originals plus 2 copies of Certificate of insurance · Documents Prior to L/C opening to be acceptable · Late Presentation of Document to be acceptable
6.3 The balance of outstanding will be paid on the basis of the final results and shall be paid
through the sane L/C against the final invoice drawn according to final quality and
quantity results the final invoice should be confirmed by the buyer prior to delivery to the bank
Documents required for balance payment: ·Final Invoice
·Certificate of Quality issued by CIQ in 1 photocopy ·Certificate of Weight issued by CIQ in 1 photocopy
6.4 Buyer needs to submit discharge date within 7 working days after vessel’s arrival. If buyer
cannot supply CIQ certificate of quality and weight at discharging port within 60 days
after completion of discharging at discharge port, the seller has the right to present the certificate copy of Quality and Weight issued by for final payment
6.5 In case of any claim arising for any such reason, the buyer will notify the seller within 14
days from discharge date-with all the required paper work evidencing any charges or
losses incurred. The seller will have 7 days to gather all the required information together an if claim is found to be plausible and acceptable; the customer will be reimbursed accordingly.
6.6 All bank charges outside country of issuance will be for the account of the seller
7、 INSURANCE
Marine Insurance shall be taken by the seller for the commodity of loading on board vessel
form port up to discharge port, for 100% of invoice value covering all risk, war risk and SRCC as per institute cargo clause at sellers expense—payable in China in U.S Dollars and the insurance certificate shall be furnished along with other shipping documents.
8. SAMPLING&ANALYSIS
8.1 At the loading port, the independent inspection agency______________, at sellers option,
___________shall determine the quality and weight etc as per international standards, moisture will be deducted from the B/L weight. Certificate of Quality and Certificate of Weight issued by this independent inspection agency shall form the basis for raising the Invoice for 98% payment upon the Buyer. The cost of such weighing, sampling and analysis shall be for Sellers’ account.
8.2 At the discharge port, CIQ shall carry out sampling. A certificate of Quality issued by CIQ
based on the sampling and analysis at the discharge port and a Certificate of Weight issued
by CIQ at the discharge port shall be final and form the basis for the balance value of the cargo for settlement. The cost of such weight, sampling and analysis shall be at Buyer’s account.
8.3 The Buyer will make available a copy of the CIQ report including analysis and weight, to the
Seller within 60 days after completion of discharging at discharge port.
The Seller reserves the right to appoint, at their cost, an independent inspection agency to attend supervision of discharge of the cargo at the discharge port. Buyers to extend all necessary cooperation for such analysis.
9. FORCE MAJEURE
Should any of the parties hereto be prevented from performing this contract due to any Force Majeure event, the prevented partly hereto shall not be liable to the other party for any damages, increase of costs or losses suffered by the other party which was cased by the prevented party’s failure or delay in performing its obligations hereunder due to such Force Majeure event. However, the prevented party shall notify immediately the other party by fax or e-mail and deliver to the other party by registered mail a certificate issued by government authorities or Chamber of Commerce as evidence thereof, If the shipment id delayed for a period in excess of 31 days due to such Force Majeure event, the buyer shall have the right to terminate this contract without bearing any abilities.
10. NOTICES
10.1 Any notice to be given for the purposes of this agreement shall either be delivered
personally or sent by first class recorded delivery post, courier, telefax (facsimile transfer)
or email.
10.2 The address for service on the parties shall be their respective addresses and facsimile
numbers as set out in the description of the parties above.
10.3 A notice shall be deemed to have been served as follows:
10.3.1 If personally delivered at the time of delivery.
10.3.2 If sent by recorded delivery post at the expiration of 14 days after the same was
delivered into the custody of the postal authorities. 10.3.3 If sent by courier at the expiration of 7days after the same was delivered into the
custody of the postal authorities.
10.3.4 If sent by telefax (facsimile transfer) at the expiration of 12 hours after dispatch. 10.3.5 In the case of a notice under clause 9, if by email at the expiration of 12 hours
after was sent. 10.4 In proving such service it shall be sufficient to prove that personal delivery was made or
that the envelope containing such notice was properly addressed and delivered into the
custody of the postal authorities as pre-paid recorded delivery letter or courier package or that the telefax (facsimile transfer) was properly addressed and dispatched or, in the case of an email (where applicable), by way of a computer print out of the email. 11．ARBITRATION
Any controversy, disagreement, matter or claim arising out of, in respect of in relation
with this Agreement shall be finally decided by arbitration in accordance with the Rules of Conciliation and Arbitration of the international Chamber of Commerce (ICC) by a single arbitrator. The arbitrator shall be appointed by the parties and if the parties cannot agree upon an arbitrator, then by an arbitrator nominated by the ICC Court of Arbitrator.
The arbitrator proceedings shall be conducted in Geneva, Switzerland in the English language
The provisions of this clause are severable from the rest of this Agreement and shall remain in effect despite the termination, cancellation, invalidity or alleged invalidity of this Agreement for any reason whatsoever.
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