PURCHASE CONTRACT
HEREINAFTER CALLED THE “BUYER”
WHEREAS: THE SELLER AND BUYER, EACH WITH FULL CORPORATE AUTHORITY, CERTIFIES, REPRESENTS AND WARRANTS THAT EACH CAN FULFILL THE REQUIREMENTS OF THIS AGREEMENT AND RESPECTIVELY PROVIDE THE PRODUCTS AND THE FUNDS REFERRED TO HEREIN, IN TIME AND UNDER THE TERMS AGREED TO HEREAFTER; AND
WHEREAS: THE SELLER AND THE BUYER BOTH AGREE TO FINALIZE THIS CONTRACT UNDER THE TERMS AND CONDITIONS, IT IS THEREFORE AGREED AS FOLLOWS:
1. PRODUCT:
NAME OF PRODUCT
HEREINAFTER CALLED THE “GOODS”
2. ORIGIN:
ALL MATERIAL ARE RUSSIAN ORIGIN.
3. DESTINATION / PRODUCT DISCHARGE:
DESTINATION SHALL BE ANY SAFE WORLD PORT (NON USA SANCTIONED PORT) WITH APPROPRIATE PERMITS AND LICENSES. THE BASIS OF DELIVERY FOR ALL SHIPMENTS SHALL BE MINIMUM SIZE METRIC TON SHIPMENTS.
PORT OF DESTINATION: _____. (14 DAYS FREE TIME AT POD).
4. PRODUCT DELIVERY:
THE DATE (S) OF BILL OF LADING SHALL BE CONSIDERED THE DATE (S) OF DELIVERY. THE FIRST DELIVERY SHALL BEGIN TIME AFTER RECEIPT AND CONFIRMATION OF AN OPERATIVE FINANCIAL INSTRUMENT ACCEPTABLE TO THE SELLER AND SHIPPED OVER THE COURSE OF TWELVE (12) MONTHS FROM DATE OF FIRST SHIPMENT. WITH THE APPROVAL OF THE BUYER, THE SELLER SHALL HAVE THE RIGHT TO DELIVER EARLIER THAN AGREED IN THIS CONTRACT GIVING NOTICE TO ALL DESIGNATED PARTIES AS REQUIRED HEREIN. THE PRODUCT SHALL BE SHIPPED TO THE RELEVANT PROVISIONS OF THIS CONTRACT. TOTAL SHIPMENTS SHALL BE ACCORDING TO SHIPPING SCHEDULE. (SHIPPING SCHEDULE WILL BE SPECIFIC AT 5 WORKING DAYS AFTER SIGNING DATE OF THIS CONTRACT) MINIMUM IS SUBJECT TO SLIGHT AND REASONABLE VARIATIONS IN SCHEDULES DUE TO THE CUSTOMARY AND USUAL EXIGENCIES. CONSECUTIVE SHIPMENTS SHALL BE SHIPPED BY DELIVERING AND RECEIVING SCHEDULE OF BUYER, SENT TO THE SELLER AFTER THE FIRST SHIPMENT HAS LEFT THE PORT AS INDICATED BY THE SGS CERTIFICATE. INCOTERMS 2000/CIF
5. CONTRACTED QUANTITY:
THE TOTAL QUANTITY OF THE CONTRACT SHALL BE DETERMINED BY THE CERTIFICATIONS OF WEIGHT ISSUED BY THE INSPECTION AUTHORITY AND BY THE BILL OF LADING OF THE SHIPMENT THAT WAS IN EFFECT DELIVERED TO THE BUYER.
6. PRODUCT WEIGHT AND QUALITY:
THE SELLER MUST SUPPLY QUALITY MATERIAL, NOT WORSE THAN FAMOUS WORLD WIDE STANDARDS.
THE SELLER SHALL CONTROL LOADING, AND GUARANTEE WEIGHT OF MATERIAL AND QUALITY AS AGREED.
THE BUYER HAVE THE RIGHT TO REQUEST A INSPECTION BY SGS OR SIMILAR AT UN-LOADING PORT BY BUYER’S ACCOUNT.
IF DISCREPANCIES SHOULD AT ANY TIME AND IN PARTICULAR CASE RESULT IN RELATION TO THE INSPECTION CERTIFICATES, ARBITRATION SHALL BE EMPLOYED TO DETERMINE THE APPROPRIATE JUDGMENT. BOTH PARTIES AGREE TO BE BOUND BY THE ARBITRATOR’S DECISION FOR OR AGAINST EITHER BUYER OR SELLER
7. QUANTITY:
Trail Order
400 MT TRIAL ORDER. (OF HMS or USED RAILS).
25 MT TRIAL ORDER (IN CASE OF COPPER WIRE SCRAP ORDER).
Contract order
30,000 MT minimum X 12 monthly deliveries after successful trail order
8. PACKING:
Trail Order
16x20 FCL CONTAINERS (25 MT in 1x20 FCL)
Contract Order
Bulk Packing
WHEREAS: THE SELLER AND BUYER, EACH WITH FULL CORPORATE AUTHORITY, CERTIFIES, REPRESENTS AND WARRANTS THAT EACH CAN FULFILL THE REQUIREMENTS OF THIS AGREEMENT AND RESPECTIVELY PROVIDE THE PRODUCTS AND THE FUNDS REFERRED TO HEREIN, IN TIME AND UNDER THE TERMS AGREED TO HEREAFTER; AND
WHEREAS: THE SELLER AND THE BUYER BOTH AGREE TO FINALIZE THIS CONTRACT UNDER THE TERMS AND CONDITIONS, IT IS THEREFORE AGREED AS FOLLOWS:
1. PRODUCT:
NAME OF PRODUCT
HEREINAFTER CALLED THE “GOODS”
2. ORIGIN:
ALL MATERIAL ARE RUSSIAN ORIGIN.
3. DESTINATION / PRODUCT DISCHARGE:
DESTINATION SHALL BE ANY SAFE WORLD PORT (NON USA SANCTIONED PORT) WITH APPROPRIATE PERMITS AND LICENSES. THE BASIS OF DELIVERY FOR ALL SHIPMENTS SHALL BE MINIMUM SIZE METRIC TON SHIPMENTS.
PORT OF DESTINATION: _____. (14 DAYS FREE TIME AT POD).
4. PRODUCT DELIVERY:
THE DATE (S) OF BILL OF LADING SHALL BE CONSIDERED THE DATE (S) OF DELIVERY. THE FIRST DELIVERY SHALL BEGIN TIME AFTER RECEIPT AND CONFIRMATION OF AN OPERATIVE FINANCIAL INSTRUMENT ACCEPTABLE TO THE SELLER AND SHIPPED OVER THE COURSE OF TWELVE (12) MONTHS FROM DATE OF FIRST SHIPMENT. WITH THE APPROVAL OF THE BUYER, THE SELLER SHALL HAVE THE RIGHT TO DELIVER EARLIER THAN AGREED IN THIS CONTRACT GIVING NOTICE TO ALL DESIGNATED PARTIES AS REQUIRED HEREIN. THE PRODUCT SHALL BE SHIPPED TO THE RELEVANT PROVISIONS OF THIS CONTRACT. TOTAL SHIPMENTS SHALL BE ACCORDING TO SHIPPING SCHEDULE. (SHIPPING SCHEDULE WILL BE SPECIFIC AT 5 WORKING DAYS AFTER SIGNING DATE OF THIS CONTRACT) MINIMUM IS SUBJECT TO SLIGHT AND REASONABLE VARIATIONS IN SCHEDULES DUE TO THE CUSTOMARY AND USUAL EXIGENCIES. CONSECUTIVE SHIPMENTS SHALL BE SHIPPED BY DELIVERING AND RECEIVING SCHEDULE OF BUYER, SENT TO THE SELLER AFTER THE FIRST SHIPMENT HAS LEFT THE PORT AS INDICATED BY THE SGS CERTIFICATE. INCOTERMS 2000/CIF
5. CONTRACTED QUANTITY:
THE TOTAL QUANTITY OF THE CONTRACT SHALL BE DETERMINED BY THE CERTIFICATIONS OF WEIGHT ISSUED BY THE INSPECTION AUTHORITY AND BY THE BILL OF LADING OF THE SHIPMENT THAT WAS IN EFFECT DELIVERED TO THE BUYER.
6. PRODUCT WEIGHT AND QUALITY:
THE SELLER MUST SUPPLY QUALITY MATERIAL, NOT WORSE THAN FAMOUS WORLD WIDE STANDARDS.
THE SELLER SHALL CONTROL LOADING, AND GUARANTEE WEIGHT OF MATERIAL AND QUALITY AS AGREED.
THE BUYER HAVE THE RIGHT TO REQUEST A INSPECTION BY SGS OR SIMILAR AT UN-LOADING PORT BY BUYER’S ACCOUNT.
IF DISCREPANCIES SHOULD AT ANY TIME AND IN PARTICULAR CASE RESULT IN RELATION TO THE INSPECTION CERTIFICATES, ARBITRATION SHALL BE EMPLOYED TO DETERMINE THE APPROPRIATE JUDGMENT. BOTH PARTIES AGREE TO BE BOUND BY THE ARBITRATOR’S DECISION FOR OR AGAINST EITHER BUYER OR SELLER
7. QUANTITY:
Trail Order
400 MT TRIAL ORDER. (OF HMS or USED RAILS).
25 MT TRIAL ORDER (IN CASE OF COPPER WIRE SCRAP ORDER).
Contract order
30,000 MT minimum X 12 monthly deliveries after successful trail order
8. PACKING:
Trail Order
16x20 FCL CONTAINERS (25 MT in 1x20 FCL)
Contract Order
Bulk Packing
9. PRICE PER METRIC TON
Trail Order
$290 MT CNF. (HMS OR RAILS) (drict price saler)
$3850 MT CNF (COPPER WIRE SCRAP).
Contract Order
$280 MT HMS 1 & 2 and Rails
10. CONTRACT AMOUNT:
Trail Order
US$ (UNITED STATES DOLLARS (+/- 5%)
$200.000 (FOR EXAMPLE)
VALUE OF EACH VESSEL: US$
Contract Order:
11. PAYMENT TERMS:
Trail Order:
A. 10% OF SHIPMENT AMOUNT WILL BE PAID WITHIN 2 DAYS AFTER RECEIVING FAX COPY OF BL BY BUYER.
B. BALANCE 90% OF PAYMENT WILL BE RELEASED IN ONE WEEK (7 DAYS) AFTER ARRIVAL OF MATERIAL IN PORT OF DESTINATION AND BUYERS INSPECTION.
Contract Order:
Irrovacable Confirmed Non-Transferable LC 100% at sight Documentary letter of credit payable upon shipping documents.
12. PRODUCT DOCUMENTATION PER LIFT:
A. 3/3 SET OF BILL OF LADING, “CLEAN ON BOARD” AND MARKED “FREIGHT PREPAID” (3 ORIGINALS + 3 COPIES).
B. CERTIFICATE OF WEIGHT & QUANTITY ISSUED BY APPROPRIATE OR COMPATIBLE AUTHORITY.
C. CERTIFICATE OF ORIGIN, ISSUED BY THE CHAMBER OF COMMERCE OF THE COUNTRY OF ORIGIN.
D. SIGNED COMMERCIAL INVOICE ISSUED IN 03 ORIGINAL AND 03 COPIES SHOWING COMMODITY, WEIGHT, QUANTITY, UNIT PRICE, AMOUNT, CONTRACT NUMBER AND INVOICE NUMBER
E. PACKING LIST WITH INDICATION OF TOTAL GROSS WEIGHT AND TOTAL NET WEIGHT OF SHIPPED GOODS IN 03 ORIGINAL AND 03 COPIES
F. CONFIRMATION LETTER ISSUED BY THE SELLER ADVISING THE SHIPMENT PARTICULARS INCLUDING B/L NUMBER AND DATE, QUANTITY SHIPPED AND TOTAL VALUE, VESSEL’NAME, AGE AND FLAGS, ETD LOADING PORT AND ETA DISCHARGING PORT, ETC.
G. COURIER RECEIPT IN WHICH PROVED THAT ONE SET OF SHIPPING DOCUMENTS IN ORIGIN HAS BEEN SENT DIRECTLY TO BUYER’S OFFICE.
13. PRODUCT INSURANCE:
THE SELLER SHALL PROVIDE INSURANCE COVERAGE OF 110% FOR THE VALUE OF EACH SHIPMENT AT SELLR’S SOLE EXPENSE AND RESPONSIBILITY, IF BUYER REQUEST IT (IF USED “CIF” TERMS).
14. DEMURRAGE:
AT THE LOADING PORT IT IS ON SELLER’S ACCOUNT. AT THE DISCHARGE PORT SELLER PROVIDE 14 DAYS FREE TIME FOR DEMMURAGE FOR BUYER, IF DEMURAGE NEED MORE 14 DAYS, IT MUST BE ON BUYER’S ACCOUNT.
15. IMPORT FACILITIES, DOCUMENTS, TAXES AND FEES:
ALL TAXES OR LEVIES IMPOSED BY THE COUNTRY OF DESTINATION HAVING ANY EFFECT ON THIS CONTRACT ARE ON THE BUYER’S ACCOUNT AND HIS SOLE RESPONSIBILITY.
BUYER MUST HAVE ALL IMPORT PERMISSIONS AND PERMITS IN WRITING, AND COPY SENT TO SELLER.
BUYER BEARS THE SOLE RESPONSIBILITY OF SECURING ALL PERMITS, LISCENSES OR ANY OTHER DOCUMENTS REQUIRED BY THE GOVERNMENT OF THE IMPORTING NATION. SELLER WILL BEAR NO RESPONSIBILITY TO PROVIDE SUCH DOCUMENTATION. BUYER WILL BEAR ALL COSTS ASSOCIATED WITH SECURING SUCH DOCUMENTS AND WILL ALSO BEAR ALL COSTS AND PENALITIES IF SUCH DOCUMENTS ARE NOT SECURED. IN NO CASE SHALL THE SELLER BE HELD LIABLE FOR MISSING OR IMPROPER DOCUMENTATION THE BUYER IS REQUIRED TO PROVIDE. SHIPPING IS BASED ON INCOTERMS 2000.
16. FORCE MAJEURE:
NEITHER PARTY TO THIS CONTRACT SHALL BE HELD RESPONSIBLE FOR BREACH OF CONTRACT CAUSED BY AN ACT OF GOD, INSURRECTION, CIVIL WAR, WAR, MILITARY OPERATION OR LOCAL EMERGENCY. THE PARTIES DO HEREBY ACCEPT THE INTERNATIONAL PROVISION OF “FORCE MAJEURE” AS PUBLISHED BY THE INTERNATIONAL CHAMBER OF COMMERCE, GENEVA, SWITZERLAND, AND AS DEFINED BY I.C.C. RULES UNIFORM CUSTOMS AND PRACTICE.
17. DISPUTES AND ARBITRATION:
THE PARTIES HEREBY AGREE TO SETTLE ALL DISPUTES AMICABLY. IF SETTLEMENT IS NOT REACHED, THE DISPUTE IN QUESTION SHALL BE SUBMITTED AND SETTLED BY ARBITRATION AT THE AMERICAN ARBITRATION ASSOCIATION CHAMBERS, DALLAS, TEXAS USA, BY ONE OR MORE ARBITRATORS APPOINTED IN ACCORDANCE WITH SAID RULES.
18. AUTHORITY TO EXECUTE THIS CONTRACT:
THE PARTIES TO THIS CONTRACT DECLARE THAT THEY HAVE FULL LEGAL AUTHORITY TO EXECUTE THIS DOCUMENT AND ACCORDINGLY TO BE FULLY BOUND BY THE TERMS AND CONDITIONS.
19. EXECUTION OF THIS CONTRACT:
THIS CONTRACT MAY BE EXECUTED SIMULTANEOUSLY IN TWO OR MORE COUNTERPARTS VIA TELEX OR FACSIMILE TRANSMISSION, EACH OF WHICH SHALL BE DEEMED AS ORIGINAL AND LEGALLY BINDING.
20. GOVERNING LAW:
THIS CONTRACT SHALL BE GOVERNED AND INTERPRETED IN ACCORDANCE WITH THE UNITED NATION CONVENTION FOR THE SALE OF GOODS (U.N. CONVENTION). IN EVENT ON INCONSISTENCY
BETWEEN THIS CONTRACT AND THE PROVISIONS OF THE U.N. CONVENTION, THIS CONTRACT SHALL HAVE PRIORITY FOR THE PURPOSE OF ARTICLE 39, OF THE U.N. CONVENTION.
A REASONABLE TIME SHALL BE DEEMED TO BE 5 DAYS. THIS CONTRACT SHALL FURTHER BE CONSTRUCTED IN ACCORDANCE WITH THE COURTS OF THE EUROPEAN UNION, WHICH SHALL APPLY TO ICC RULES AND REGULATIONS.
21. LANGUAGE USED IN DOCUMENTS:
ENGLISH LANGUAGE ONLY SHALL BE USED IN ALL PAPERS. ALL DOCUMENTS RECEIVED BY FAX, E-MAIL OR OTHER ELECTRONIC WAY HAVE THE SAME POWER, AND CALLED AS “FAX COPY”.
22. ASSIGNMENT:
THIS AGREEMENT IS ASSIGNABLE AND TRANSFERABLE BY EITHER PARTY, WITHOUT PRIOR PERMISSION OF THE OTHER PARTY.
23. NON-CIRCUMVENTION AND NON-DISCLOSURE:
BUYER AND SELLER RESPECT THE CONFIDENTIAL NATURE OF THIS AGREEMENT AND AGREE TO MAINTAIN IN STRICTEST CONFIDENCE THE NAMES OF THE PARTIES WHOSE IDENTITIES MAY BECOME KNOWN TO ONE ANOTHER THROUGH EITHER THE TENDERING OF DOCUMENTS OR ASSEMBLY OF BANKING OR GOVERNMENT APPROVALS. THE PARTIES AGREE TO MAINTAIN STRICT CONFIDENTIALITY CONCERNING THE IDENTITIES OF THE PARTIES DIRECTLY OR INDIRECTLY INVOLVED IN THIS TRANSACTION. BUYER AND SELLER ACCEPT AND AGREE TO THE PROVISIONS OF THE INTERNATIONAL CHAMBER OF COMMERCE FOR NON-CIRCUMVENTION AND NON-DISCLOSURE WITH REGARDS TO BUYER AND SELLER BEING INVOLVED IN THIS CONTRACT, ADDITIONS, RENEWALS AND THIRD PARTY ASSIGNMENTS WITH FULL RECIPROCATION. ALL DATA REMAIN THE PROPERTY OF THE PARTY WHO HAS BROUGHT THE RESPECTIVE DATA INTO THIS TRANSACTION.
ANY OF THE PARTIES BREACHING THIS RULE WILL BE LIABLE FOR ANY DAMAGES RESULTING FROM SUCH ACTION, REGARDLESS OF WHETHER THEY ARE COMMITTED DELIBERATELY OR BY NEGLIGENCE. IN CASE OF BREACH OF THE RESPECTIVE RULES EMITTED, THE INTERNATIONAL CHAMBER OF COMMERCE IN LONDON, UNITED KINGDOM WILL BE APPLIED TOO.
24. BANKING INFORMATION
BUYER’S BANKING DETAILS
SELLER’S BANKING DETAILS
25. CONTRACT SIGNATORIES
IN WITNESS THEREOF, THE PARTIES HAVE SIGNED BELOW TO ACCEPT AND APPROVE ALL TERMS AND CONDITIONS CONTAINED IN THIS CONTRACT.
FROM THE DATE OF SIGNING OF THIS CONTRACT, ALL-PREVIOUS RESPECTIVE NEGOTIATIONS AND CORRESPONDENCE BY TELEPHONE, FAX, MAIL OR E-MAIL ARE NULL AND VOID. THIS CONTRACT IS NOT CONNECTED WITH OTHER CONTRACTS OF THE SELLER AND THE BUYER, FROM WHICH JURIDICAL OR FINANCIAL CONSEQUENCES MAY OCCUR.
THIS CONTRACT IS SIGNED IN TWO COPIES, EACH IN ENGLISH, ONE FOR EACH PARTY BOTH COPIES ARE AUTHENTIC.
Trail Order
$290 MT CNF. (HMS OR RAILS) (drict price saler)
$3850 MT CNF (COPPER WIRE SCRAP).
Contract Order
$280 MT HMS 1 & 2 and Rails
10. CONTRACT AMOUNT:
Trail Order
US$ (UNITED STATES DOLLARS (+/- 5%)
$200.000 (FOR EXAMPLE)
VALUE OF EACH VESSEL: US$
Contract Order:
11. PAYMENT TERMS:
Trail Order:
A. 10% OF SHIPMENT AMOUNT WILL BE PAID WITHIN 2 DAYS AFTER RECEIVING FAX COPY OF BL BY BUYER.
B. BALANCE 90% OF PAYMENT WILL BE RELEASED IN ONE WEEK (7 DAYS) AFTER ARRIVAL OF MATERIAL IN PORT OF DESTINATION AND BUYERS INSPECTION.
Contract Order:
Irrovacable Confirmed Non-Transferable LC 100% at sight Documentary letter of credit payable upon shipping documents.
12. PRODUCT DOCUMENTATION PER LIFT:
A. 3/3 SET OF BILL OF LADING, “CLEAN ON BOARD” AND MARKED “FREIGHT PREPAID” (3 ORIGINALS + 3 COPIES).
B. CERTIFICATE OF WEIGHT & QUANTITY ISSUED BY APPROPRIATE OR COMPATIBLE AUTHORITY.
C. CERTIFICATE OF ORIGIN, ISSUED BY THE CHAMBER OF COMMERCE OF THE COUNTRY OF ORIGIN.
D. SIGNED COMMERCIAL INVOICE ISSUED IN 03 ORIGINAL AND 03 COPIES SHOWING COMMODITY, WEIGHT, QUANTITY, UNIT PRICE, AMOUNT, CONTRACT NUMBER AND INVOICE NUMBER
E. PACKING LIST WITH INDICATION OF TOTAL GROSS WEIGHT AND TOTAL NET WEIGHT OF SHIPPED GOODS IN 03 ORIGINAL AND 03 COPIES
F. CONFIRMATION LETTER ISSUED BY THE SELLER ADVISING THE SHIPMENT PARTICULARS INCLUDING B/L NUMBER AND DATE, QUANTITY SHIPPED AND TOTAL VALUE, VESSEL’NAME, AGE AND FLAGS, ETD LOADING PORT AND ETA DISCHARGING PORT, ETC.
G. COURIER RECEIPT IN WHICH PROVED THAT ONE SET OF SHIPPING DOCUMENTS IN ORIGIN HAS BEEN SENT DIRECTLY TO BUYER’S OFFICE.
13. PRODUCT INSURANCE:
THE SELLER SHALL PROVIDE INSURANCE COVERAGE OF 110% FOR THE VALUE OF EACH SHIPMENT AT SELLR’S SOLE EXPENSE AND RESPONSIBILITY, IF BUYER REQUEST IT (IF USED “CIF” TERMS).
14. DEMURRAGE:
AT THE LOADING PORT IT IS ON SELLER’S ACCOUNT. AT THE DISCHARGE PORT SELLER PROVIDE 14 DAYS FREE TIME FOR DEMMURAGE FOR BUYER, IF DEMURAGE NEED MORE 14 DAYS, IT MUST BE ON BUYER’S ACCOUNT.
15. IMPORT FACILITIES, DOCUMENTS, TAXES AND FEES:
ALL TAXES OR LEVIES IMPOSED BY THE COUNTRY OF DESTINATION HAVING ANY EFFECT ON THIS CONTRACT ARE ON THE BUYER’S ACCOUNT AND HIS SOLE RESPONSIBILITY.
BUYER MUST HAVE ALL IMPORT PERMISSIONS AND PERMITS IN WRITING, AND COPY SENT TO SELLER.
BUYER BEARS THE SOLE RESPONSIBILITY OF SECURING ALL PERMITS, LISCENSES OR ANY OTHER DOCUMENTS REQUIRED BY THE GOVERNMENT OF THE IMPORTING NATION. SELLER WILL BEAR NO RESPONSIBILITY TO PROVIDE SUCH DOCUMENTATION. BUYER WILL BEAR ALL COSTS ASSOCIATED WITH SECURING SUCH DOCUMENTS AND WILL ALSO BEAR ALL COSTS AND PENALITIES IF SUCH DOCUMENTS ARE NOT SECURED. IN NO CASE SHALL THE SELLER BE HELD LIABLE FOR MISSING OR IMPROPER DOCUMENTATION THE BUYER IS REQUIRED TO PROVIDE. SHIPPING IS BASED ON INCOTERMS 2000.
16. FORCE MAJEURE:
NEITHER PARTY TO THIS CONTRACT SHALL BE HELD RESPONSIBLE FOR BREACH OF CONTRACT CAUSED BY AN ACT OF GOD, INSURRECTION, CIVIL WAR, WAR, MILITARY OPERATION OR LOCAL EMERGENCY. THE PARTIES DO HEREBY ACCEPT THE INTERNATIONAL PROVISION OF “FORCE MAJEURE” AS PUBLISHED BY THE INTERNATIONAL CHAMBER OF COMMERCE, GENEVA, SWITZERLAND, AND AS DEFINED BY I.C.C. RULES UNIFORM CUSTOMS AND PRACTICE.
17. DISPUTES AND ARBITRATION:
THE PARTIES HEREBY AGREE TO SETTLE ALL DISPUTES AMICABLY. IF SETTLEMENT IS NOT REACHED, THE DISPUTE IN QUESTION SHALL BE SUBMITTED AND SETTLED BY ARBITRATION AT THE AMERICAN ARBITRATION ASSOCIATION CHAMBERS, DALLAS, TEXAS USA, BY ONE OR MORE ARBITRATORS APPOINTED IN ACCORDANCE WITH SAID RULES.
18. AUTHORITY TO EXECUTE THIS CONTRACT:
THE PARTIES TO THIS CONTRACT DECLARE THAT THEY HAVE FULL LEGAL AUTHORITY TO EXECUTE THIS DOCUMENT AND ACCORDINGLY TO BE FULLY BOUND BY THE TERMS AND CONDITIONS.
19. EXECUTION OF THIS CONTRACT:
THIS CONTRACT MAY BE EXECUTED SIMULTANEOUSLY IN TWO OR MORE COUNTERPARTS VIA TELEX OR FACSIMILE TRANSMISSION, EACH OF WHICH SHALL BE DEEMED AS ORIGINAL AND LEGALLY BINDING.
20. GOVERNING LAW:
THIS CONTRACT SHALL BE GOVERNED AND INTERPRETED IN ACCORDANCE WITH THE UNITED NATION CONVENTION FOR THE SALE OF GOODS (U.N. CONVENTION). IN EVENT ON INCONSISTENCY
BETWEEN THIS CONTRACT AND THE PROVISIONS OF THE U.N. CONVENTION, THIS CONTRACT SHALL HAVE PRIORITY FOR THE PURPOSE OF ARTICLE 39, OF THE U.N. CONVENTION.
A REASONABLE TIME SHALL BE DEEMED TO BE 5 DAYS. THIS CONTRACT SHALL FURTHER BE CONSTRUCTED IN ACCORDANCE WITH THE COURTS OF THE EUROPEAN UNION, WHICH SHALL APPLY TO ICC RULES AND REGULATIONS.
21. LANGUAGE USED IN DOCUMENTS:
ENGLISH LANGUAGE ONLY SHALL BE USED IN ALL PAPERS. ALL DOCUMENTS RECEIVED BY FAX, E-MAIL OR OTHER ELECTRONIC WAY HAVE THE SAME POWER, AND CALLED AS “FAX COPY”.
22. ASSIGNMENT:
THIS AGREEMENT IS ASSIGNABLE AND TRANSFERABLE BY EITHER PARTY, WITHOUT PRIOR PERMISSION OF THE OTHER PARTY.
23. NON-CIRCUMVENTION AND NON-DISCLOSURE:
BUYER AND SELLER RESPECT THE CONFIDENTIAL NATURE OF THIS AGREEMENT AND AGREE TO MAINTAIN IN STRICTEST CONFIDENCE THE NAMES OF THE PARTIES WHOSE IDENTITIES MAY BECOME KNOWN TO ONE ANOTHER THROUGH EITHER THE TENDERING OF DOCUMENTS OR ASSEMBLY OF BANKING OR GOVERNMENT APPROVALS. THE PARTIES AGREE TO MAINTAIN STRICT CONFIDENTIALITY CONCERNING THE IDENTITIES OF THE PARTIES DIRECTLY OR INDIRECTLY INVOLVED IN THIS TRANSACTION. BUYER AND SELLER ACCEPT AND AGREE TO THE PROVISIONS OF THE INTERNATIONAL CHAMBER OF COMMERCE FOR NON-CIRCUMVENTION AND NON-DISCLOSURE WITH REGARDS TO BUYER AND SELLER BEING INVOLVED IN THIS CONTRACT, ADDITIONS, RENEWALS AND THIRD PARTY ASSIGNMENTS WITH FULL RECIPROCATION. ALL DATA REMAIN THE PROPERTY OF THE PARTY WHO HAS BROUGHT THE RESPECTIVE DATA INTO THIS TRANSACTION.
ANY OF THE PARTIES BREACHING THIS RULE WILL BE LIABLE FOR ANY DAMAGES RESULTING FROM SUCH ACTION, REGARDLESS OF WHETHER THEY ARE COMMITTED DELIBERATELY OR BY NEGLIGENCE. IN CASE OF BREACH OF THE RESPECTIVE RULES EMITTED, THE INTERNATIONAL CHAMBER OF COMMERCE IN LONDON, UNITED KINGDOM WILL BE APPLIED TOO.
24. BANKING INFORMATION
BUYER’S BANKING DETAILS
SELLER’S BANKING DETAILS
25. CONTRACT SIGNATORIES
IN WITNESS THEREOF, THE PARTIES HAVE SIGNED BELOW TO ACCEPT AND APPROVE ALL TERMS AND CONDITIONS CONTAINED IN THIS CONTRACT.
FROM THE DATE OF SIGNING OF THIS CONTRACT, ALL-PREVIOUS RESPECTIVE NEGOTIATIONS AND CORRESPONDENCE BY TELEPHONE, FAX, MAIL OR E-MAIL ARE NULL AND VOID. THIS CONTRACT IS NOT CONNECTED WITH OTHER CONTRACTS OF THE SELLER AND THE BUYER, FROM WHICH JURIDICAL OR FINANCIAL CONSEQUENCES MAY OCCUR.
THIS CONTRACT IS SIGNED IN TWO COPIES, EACH IN ENGLISH, ONE FOR EACH PARTY BOTH COPIES ARE AUTHENTIC.
Muhammad iqbal
Virgo Inc,
Karachi Pakistan
E-mail:- resourts@yahoo.com
http://buy-sell-old-vessels-iron-scrap.blogspot.com/
http://feeds.feedburner.com/Buy-sell-old-ship-iron-scrap-minerals
Gsm :- 923333195473 - Tell office: - 9221-35459781
Virgo Inc,
Karachi Pakistan
E-mail:- resourts@yahoo.com
http://buy-sell-old-vessels-iron-scrap.blogspot.com/
http://feeds.feedburner.com/Buy-sell-old-ship-iron-scrap-minerals
Gsm :- 923333195473 - Tell office: - 9221-35459781
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