Draft Contract

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CONTRACT NUMBER: …………………..

BUYER’S TRANSACTION CODE: ……………..    

SELLER`S TRANSACTION CODE: ……………

 

 

SALE & PURCHASE AGREEMENT FOR ……………………..ITEM

 

 

THIS SALE AND PURCHASE AGREEMENT FOR GOLD IS MADE AND ENTERED INTO ON THIS DAY ………… YEAR OF ……….. BY AND BETWEEN:

 

SELLER:                                .. WITH REGISTRATION Nº  ………………….., LEGALLY REPRESENTED BY MR…………………………, PASSPORT No.………………….., WHOSE OFFICE IS LOCATED IN……………………………………….., CITY OF

COUNTRY  OF………………………….  

TELEPHONE.:………………………….., E-MAIL: …………………………………………

           

AND

 

WITH REGISTRATION Nº  ………………….., LEGALLY REPRESENTED BY MR…………………………, PASSPORT No.………………….., WHOSE OFFICE IS LOCATED IN……………………………………….., CITY OF

COUNTRY  OF………………………….  

TELEPHONE.:………………………….., E-MAIL: …………………………………………

 

 

WHEREAS, THE PARTIES MUTUALLY ACCEPT TO REFER TO THE GENERAL TERMS, PROVISIONS AND DEFINITIONS BY THE ICC 40, THE LATEST AMENDMENTS.

 

WHEREAS, THE SELLER REPRESENTS AND CONFIRMS TO BE THE LEGAL OWNER OF THE PRODUCT THE BUYER WANTS TO BUY - OR THEY HAVE BEEN LEGALLY DELEGATED THE RIGHT TO BUY THAT PRODUCT; AND THAT THE PRODUCT WILL BE AVAILABLE FROM NON-CRIMINAL ORIGIN AND FREE OF LIENS AND ENCUMBRANCES OF THIRD PARTY; AND

 

WHEREAS, THE BUYER REPRESENTS AND CONFIRMS IT HAS THE FINANCIAL MEANS TO CARRY OUT ITS FINANCIAL OBLIGATIONS UNDER THE CONTRACT AND TO BE ABLE TO LIFT THE PRODUCT; AND

 

WHEREAS, THE PARTIES MUTUALLY AGREE TO EXECUTE THIS AGREEMENT WHICH SHALL BE BINDING UPON AND INURE TO THE BENEFIT OF THE PARTIES, THEIR LEGAL REPRESENTATIVES, SUCCESSOR AND ASSIGNS, IN ACCORDANCE WITH THE JURISDICTIONAL LAW OF THE NEGOCIATED AND FULLY EXECUTED CONTRACT WITH TERMS AND PROVISIONS HEREUNDER SIGNED UPON.

 

CLAUSE 1:  SCOPE OF CONTRACT                                                                              

 

1.1 SELLER AND BUYER UNDER FULL CORPORATE AUTHORITY AND RESPONSIBILITY, RESPECTIVELY REPRESENT THAT ONE PARTY IS A LAW FULL OWNER OF THE COMMODITY, IN QUANTITY AND QUALITY AS HEREUNDER SPECIFIED AND THE OTHER PARTY HAS THE FULL CAPABILITY TO PURCHASE.

 

CLAUSE 2: COMMODITY

 

COMMODUTY TYPE (METAL / ENERGY / SOFTS / LIVESTOCKS):       …………………..

ORIGIN COUNTRY:                          …………………………

SPECIFICATIONS:                 DUST           NUGGETS           BARS

COLOR:                                 YELLOW

QUANTITY:               ……..  KGS / MT / BARRELS

PERIOD WITH OR NOT ROLLS AND EXTENSIONS………………….

PURITY:                                 …………………‰

 

CLAUSE 3: PRICE

 

PRICE: ACCORDING TO THE LBMA “SECOND FIXING LONDON” OF THE DAY OF THE DELIVERY ACCORDING TO FINAL ASSAY REPORT ISSUED BY THE REFINERY AND ACCEPTED BY BOTH PARTIES. EUROPEAN REFINERY: …………………………..

 

AGREED DISCOUNT OF: …..% NET AND ……..% GROSS

 

CLAUSE 4: TERMS OF PAYMENT

 

4.1. PAYMENTS FOR GOLD SHALL BE MADE BY BANK TRANSFER VIA SWIFT FROM BUYER’S BANK TO THE SELLER’S BANK OR DESIGNATED COMPANY, WITHIN TWENTY FOUR HOURS (24) AFTER ACCEPTANCE BETWEEN BUYER AND SELLER OF APPROVAL CERTIFICATE IN REFINERY.

 

4.2 REFINED GOLD WON’T BE PROPERTY OF BUYER UNTIL IT IS TOTALLY PAID TO SELLER.

 

CLAUSE 5: PROCEDURES.

 

5.1  THE BUYER WILL SIGN AND SEAL THIS CONTRACT AND SHALL RETURN IT TO SELLER TO BE SIGNED AND SEALED, VIA EMAIL.

 

5.2  THE FOLLOWING DOCUMENTATION WILL ACCOMPANY THIS CONTRACT AS ANNEXES:

 

            1.- CERTIFICATE OF OWNERSHIP.

2.- AUTORISATION D’EXPORTATION CERTIFICATION)ISSUED BY MINISTERY AUTHORITY (THIS AUTHORIZATION IS SENT ONLY AS AN INFORMATIVE MODEL AS IT IS FULFILLED BY SUCH MINISTRY IN THE MOMENT TO START THE EXPORTATION).

            3.- EXPORT LICENSE.

 

PAYMENT WILL BE SECURED BY A SBLC. SUCH GUARANTEE WILL BE IRREVOCABLE AND CONFIRMED, ISSUED FROM BUYER’S BANK TO BANK ACCOUNT THE SELLER DESIGNATES IN A TERM NOT SUPERIOR TO FIVE (5) WORKING DAYS FROM THE SIGNING OF CONTRACT AND DELIVERY TO BUYER OF DOCUMENTATION SPECIFIED IN POINT “5.2”. 

LIKEWISE, IN SUCH GUARANTEE WILL BE STATED THE ACCEPTANCE OF PART PAYMENTS.

SUCH GUARANTEE WILL HAVE VALIDITY FOR ONE (1) YEAR, AND IT WILL BE CONSIDERED AUTO-REVOLVING BECAUSE OF RENEWALS DURING THE SAME PERIOD OF TIME UNTIL THE END OF THE CONTRACT.

 

THE SELLER HAS TO AUTHORIZE HIS DESIGNED BANK TO ISSUE A PERFORMANCE BOND IN FAVOR OF BUYER IN THE QUANTITY OF 2% OF GUARANTEE VALUE. SUCH PERFORMANCE BOND WILL BE ISSUED ONCE THE GUARANTEE (SBLC) IS RECEIVED AND ACCEPTED BY …………………………………………..  AND THE RECEIVING BANK.

 

THE ACCEPTANCE OF FORMAT OF BANK GUARANTEE IS SUBJECT TO DECISION OF ISSUING BANK WITH REGARD TO TEXTUAL CONTENT OF IT. BUYER’S BANK MUST BE TOP 25 WORLD BANK.

 

5.3  WHEN TWO WORKING DAYS HAVE PAST FROM THE NOTICE FOR THE RETIREMENT OF COMMODITY AND IF IN SUCH PERIOD IT IS NOT COLLECTED OR PAID BY THE BUYER, THE SELLER WOULD USE THE BANK GUARANTEE SBLC OR WOULD RENDER THE CONTRACTUAL OPERATION NULL AND VOID.  IF THE CONTRACT IS RENDERED NULL AND VOID, THE BUYER WON’T BE ABLE TO CLAIM ANY QUANTITIES TO THE SELLER IN RESPECT OF EXPENSES OR COMPENSATION WHICH COULD BELONG TO HIM.

 

5.4  THE BUYER WILL PAY THE KILOS OF GOLD OBTAINED IN REFINEMENT        PROCESS WHICH COME OUT OF THE REFINERY TOGETHER WITH CORRESPONDING ACCREDITATION. WHEN THE GOLD COMES OUT OF THE REFINERY, BUYER WILL ONLY PAY THE WEIGHT OF THE REFINED GOLD AT 999,95‰ OF PURITY AND 24 CARATS.

 

CLAUSE 6: CHARGES.

 

6.1 ALL CHARGES AND TAXES OF METALS INCLUDING EXPENSES OF TRANSPORT AND RELATED EXPENSES IN RESPECT TO LIFTING AND DELIVERY THE SAID AU FROM THE ORIGIN COUNTRY TO THE DELIVERY EUROPE AIRPORT (FREE ZONE) WILL BE PAYED BY THE SELLER (CIF PRICE).

 

6.2 EXPENSES AND TAXES (IF THERE ARE ANY) FROM FREE ZONE OF AIRPORT OF DESTINATION TO THE REFINERY WILL BE ON ACCOUNT OF BUYER, AS WELL AS COSTS OF REFINEMENT.

 

CLAUSE 7: DELIVERY

 

7.1 THE DESTINATION IS THE FREE ZONE AT EUROPEAN AIRPORT IN _________.

 

7.2 THE SELLER IS REQUIRED TO HAVE IN REFINERY A CLIENT ACCOUNT OPENED IN HIS OWN NAME TO THE REFINEMENT PROCESS AND MOVEMENT FROM AIRPORT IF REQUIRED. LIKEWISE, HE WILL ISSUE TO SELLER A CERTIFICATE ISSUED BY REFINERY SHOWING HE HAS AN ACCOUNT OPENED IN SUCH REFINERY IN A TERM OF FIVE (5) DAYS, AS WELL AS REFINEMENT PROCESS WON’T BE SUPERIOR TO TWENTY-FOUR (24) HOURS FROM THE ARRIVAL TO FREE ZONE IN AIRPORT OF DESTINATION.

 

7.3THE SELLER HAS TO ADVISE THE BUYER OF THE DELIVERY OF PRODUCT NOT MORE THAN THREE (3) DAYS BEFORE THE ARRIVAL OF GOODS.

 

7.4DELIVERIES WILL BE EXECUTED IN A MAXIMUM TERM OF TWENTY (20) DAYS SINCE THE CONFIRMATION AND ACCEPTANCE OF BANK GUARANTEE (SBLC).

 

CLAUSE 8: CONTRACT PERIOD

 

THE DURATION OF THIS AGREEMENT IS FOR A PERIOD OF ONE YEAR WITH ROLLS AND EXTENSIONS.

 

CLAUSE 9: DOCUMENTATION

 

EACH DELIVERY SHALL BE ACCOMPANIED WITH ALL DOCUMENTS RELATED TO THIS TRADE AS IT FOLLOWS:

 

  1. FOUR ORIGINALS OF COMMERCIAL INVOICES IN FAVOR OF BUYER.
  2. CERTIFICATE OF ORIGIN
  3. CERTIFICATE OF OWNERSHIP.
  4. ORIGINAL ASSAY REPORT.
  5. DECLARATION THAT THE PRODUCT IS FREE AND CLEAR AND OF NON-CRIMINAL ORIGIN, UNENCUMBERED AND FREE OF ANY LIENS, TRANSFERABLE AND EXPORTABLE (CERTIFICATE OF MOVEMENT).
  6. PACKING LIST.
  7. EXPORT PERMIT.
  8. FULL SET ORIGINAL AIRWAY BILL, MARKED “AIR FREIGHT PREPAID” AND SHOWING THE GROSS AND NET WEIGHT.

 

CLAUSE 10: APPLICABLE LAW

 

AS FAR AS THIS CONTRACT IS CONCERNED, IT WILL BE APPLIED THE OFFICIAL LAWS AND REGULATIONS FROM THE COUNTRY OF ORIGIN IN ALL THE MATTERS RELATING TO THE VALIDITY, INTERPRETATION OR PERFORMANCES OF THIS CONTRACT.

 

CLAUSE 11: BREACH

 

IN CASE OF FAILURE OF THE SELLER OR BUYER TO COMPLY WITH THE MATERIAL OBLIGATIONS ASSUMED UNDER THIS CONTRACTM THE OTHER PARTY SHALL BE ENTITLED, WITHOUT PREJUDICE TO ANY OTHER RECOURSE AVAILABLE TO IT, TO CONSIDER SUCH FAILURE AS BREACH OF THIS CONTRACT AND TERMINATE IT, OR TO SUSPEND UNILATERALLY ITS PERFORMANCE UNTIL FAILURE IS CORRECTED AND IN BOTH CASES MAY CLAIM DIRECT DAMAGES FOR BREACH OF THIS CONTRACT.

 

CLAUSE 12: ARBITRATION

 

12.1 ALL DISPUTES ARISING IN CONNECTION WITH THE PRESENT CONTRACT SHALL SHETTLE IN AN AMICABLE WAY. IF NO AGREEMENT IS REACHED BY THE PARTIES, THEN THE CASE SHALL BE GOVERNED BY ARBRITATION IN EQUITY.

 

12.2 NEITHER PARTY SHALL FAIL TO COMPLY IN TIMELY WAY WITH THE OBLIGATIONS OF THIS PART TO BE PERFOMED IN A PURSUANCE TO THIS CONTRACT ALTHOUGH A DISPUTE ARISEN AROSE AND PROCEEDED TO ARBITRATION.

 

CLAUSE 13: SPECIAL CONDITIONS

 

13.1 SELLER AND BUYER WARRANT THAT THEY HAVE EXERTED AND SHALL CONTINUE EXERTING THEIR BEST EFFORTS TO AVOID ANY ACTION WHICH MIGHT BE IN ANY MANNER DETRIMENTAL TO SELLER'S INTEREST IN THE NEGOTIATION, EXECUTION AND PERFORMANCE OF THIS CONTRACT.

 

13.2 THE PARTIES HEREBY AGREE THAT ALL TERMS WHICH ARE NOT SPECICALLY CONFIRMED AND AGREED UPON IN THIS CONTRACT REFER TO GENERAL RULES OF ICC 40 WITH LATEST AMENDMENTS.

 

13.3 UPON MUTUAL AGREEMENT OF BOTH PARTIES, THIS CONTRACT CAN BE EXTENDED FOR A TIME PERIOD AS SET FORTH IN CLAUSE EIGHT (8); HAVING THE SAME TERMS AND CONDITIONS AS THIS CONTRACT, PROVIDING THAT ONE PARTY SUBMITS HIS WRITTEN REQUEST TO THE OTHER PARTY NO LATER THREE (3) MONTHS PRIOR TO THE TERMINATION OF THIS CONTRACT.

 

13.4 IN THE SUPPOSED CASE IN A TERM OF TEN (10) DAYS FROM THE SIGNING OF THIS CONTRACT THE BANK GUARANTEE SBLC IS NOT DELIVERED AND ACCEPTED BY THE SELLER, THIS CONTRACT WILL REMAIN NULL AND VOID.

 

CLAUSE 14: BANKING DETAILS

 


14.1 – BUYER           SIDE                                     14.2 – SELLER SIDE  

BANK                         : ________________             BANK                         : ________________

BANK OFFICER        : ________________             BANK OFFICER        : ________________

E-MAIL                      : ________________             E-MAIL                      : ________________

ADDRESS                  : ________________             ADDRESS                  : ________________

CITY                           : ________________             CITY                           : ________________

TEL                             : ________________             TEL                             : ________________

COUNTRY                 : ________________             COUNTRY                 : ________________

SWIFT CODE             : ________________             SWIFT CODE             : ________________

ACCOUNT NAME     : ________________             ACCOUNT NAME     : ________________

ACCOUNT NO.          : ________________             ACCOUNT NO.          : ________________

IBAN                          : ________________             IBAN                          : ________________

 


IN WITNESS WHEREOF, THE PARTIES HERETO EXECUTE THIS CONTRACT BY THEIR AUTHORIZED REPRESENTATIVES AS OF THE DAY …………, 2012

 

AGREED AND CONFIRMED BY THE SELLER AND BUYER:

 

SELLER FULL NAME AND SIGNATURE WRITTEN “READ AND APPROVED”:         

 

________________________

Mr………………………..                                                                 

 

 

 

 

BUYER FULL NAME AND SIGNATURE WRITTEN “READ AND APPROVED”:          

 

 

________________________

Mr………………………..                                                                 

                                                                             

 

 

PASSPORTS COPY

 

   SELLERs Passport:                                                                                       BUYERs  Passport :

       
   

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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