Purchase and Sale Contract No.
Contract No:
______, hereinafter referred to as the Seller by name of director______on the one part, and______hereinafter referred to as the Buyer by name of director______on the other part, have concluded thiscontract on the following basis:
The Seller has sold and the Buyer has purchased the goods in accordance with the typical terms of selling, fixed below, except those cases when they can be changed under certain circumstances, mentioned below.
Name of Goods
Secondary ingots, ______: Bundles suitable for ocean transportation of Russian origin. Weight of bundle is approx. 1000-1200 kg.
Quantity
The quantity on each shipment is determined by each Addendum to present contract.
Price and Total Amount of Contract
Priceis charged depending upon the conditions of market and given in Addendum.
In connection with the long period of action of the present contract, the total sum cannot be expressed in concrete figure and is defined as the sum of alladdendums to the present contract.
Terms of Delivery
FOB CIF or CRF______port,INCOTERMS 2000.
Consignor and producer of goods: Ancuver Co., Ltd (19Fl, 16ABld, Kirova Street, Vladivostok, Russia)
Terms of Payment
1. The Buyer shall remit the full amount of the contract to the Seller's account by Telegraphic Transferwithin 3~4banking days from the date the Seller present the following documents by fax to the Buyer:
By delivery CIF or CFR:
- Commercial invoice
- Copy of customs declaration
- Packing list
- Bill of Lading
-Producer’scertificate of quality and weight
-Producer’sassay certificate covering the same weight as shown on the weight certificate, showing assays per melt and co-relating to weight certificate.
By delivery FOB:
- Commercial invoice
- Copy of customs declaration
- Packing list
- Producer’scertificate of quality and weight
- Producer’sassay certificate covering the same weight as shown on the weight certificate, showing assays per melt and co-relating to weight certificate.
- Release at load port
After receiving of production Buyer provide: Certificate of weight, Analysis sheet with chemical quotation.
2. The Seller’s bank account details are as follows.
______
______
______
3. All bank’s expenses incurring outside of country of Buyerare for the account of the Seller.
4. In case of non-delivery of the goods, the sum paid to the Seller for the goods shall be returned to the Buyer within 15 bankingdays from the date when the goods was scheduled to be shipped.
5. In case payment for the shipment is delayed more than 5 banking days,the Buyer shall pay a penalty at the rate of 0.1% per day of total contract amount, but not more than 10% calculated from total amount of contract.
Quality and Quantity Claims
In case the quantity is found by the Buyer to be not in conformity with the contract, theBuyer shall notify the Seller in writing within 60 days of arrival of vessel at port of destination, and the Seller shall have the right to ask for neutral check, and the loser shall pay the cost of inspection.
Any claim for quality discrepancy shall be notified to the Seller in writing within 30 days of arrival of vessel at the port of destination.
Any right to file claim for discrepancy of quantity and quality shall lapse, if they are not reportedin writing by the Buyer to the Seller within days set above.
Force Majeure
In case either party is preventedwholly or in part from carrying out any of the terms and conditions of this contract for reasons of riot, strike, war,embargoes,blockade, fire,prohibitions of export, Acts of God, or any conditions of similar nature beyond the control of the parties, the period of the contract shall be extended for as long as the circumstances prevail.
The party declaring force majeure shall immediately notify the other party of the circumstancesand produce in time a certificateissued by the chamber of commerce confirming the duration of such circumstances.Should the circumstances prevail with the notifying partyfor more than 90 daysfrom the date of commencement, then the other party shall have the right to cancel any unfulfilled obligations under the contract.
Arbitration
All the disputes ordifferences which arise between the parties from this contract or in connection with itshall be settled by negotiations between the parties.If the two parties fail to amicable settle such disputes ordifferences within a reasonable period of time, such disputes ordifferences shall be finally settled by arbitration in the Singapore Arbitration Court in Singapore, and the decision of such arbitration proceeding shall be conclusive and binding upon the parties hereto.
Final Provisions
Any amendments and/or addendums to this contractsigned by both parties and communicated by fax shall have legal force.
Validity of Contact
This contract shall be effective from the date it is signed by both parties, and remain in force for two years from the date it is signed by both parties.
BUYER: / SELLER:Director Director
Date;
Addendum №1
To contract ______
Both sides have made the following agreement:
To deliver ______MT +/- 1% of secondary aluminum ingots ______
at the price ______U.S.Dollars per 1 MT.
Terms of delivery: ______
Time of delivery:______
Consignee:______
Present Addendum №1 to contract consists of one page and become valid after signing by both parties.
The order terms and conditions are in accordance with the contract
BUYER:Director / SELLER:
Director
Date:
1