segunda-feira, 1 de dezembro de 2014

Gold bullion Seller Contract

Contract for Preparing and Selling GOLD Bullion
This definitive sales contract signed by the parties by providing documents based on full understanding and contract and observing principles of confidentiality and all of trading world laws and Swiss laws and for achieving to goals and commercial interest with parties with all of needed and enough certificates and the parties deprived right of Any unilateral interpretation under ICC 600/500/400 laws.

Article 1) parties of Contract:
This contract is concluded the parties according to the INCOTERMS 2000 and is legally and lawfully binding for the follow parties:


SELLER

SELLER  NAME(S)

REPRESENTED  BY

PASSPORT NUMBER(S)

NATIONALITY

TELEPHONE NUMBER(S)

EMAIL ADDRESS(ES)


Hereinafter referred to as the SELLER

BUYER


BUYERNAME

REPRESENTED  BY

PASSPORTNUMBER

NATIONALITY

TELEPHONENUMBER

EMAILADDRESS


Hereinafter referred to as the BUYER"

Clause one: The parties to this contract in terms of commercial contracts are eligible and It is considered that with the signing of this contract by parties, they approval their authority and Competence and recognize it
Clause two: This signed contract is true and the rules and terms stipulated in that is in mutually accepted.

Article 2) Subject of Contract:
Preparing and selling (according to the Buyer’s request) *** MT international standard Gold Bullion, each Gold Bullion weights one (1) Kg or (12.5) Kg, quality 99.95 ,packed in  palettes to be sold and delivered in confirmed place  with rolls and extensions in right and correct without any defect to buyer or his legal representative.
Deliver place: the deliver place is before custom of free zone.as according to article of this contract, this good carry and deliver to buyer in confirmed place by buyer after paying cost of transport (shipping) and escort cost.
Clause three: All costs of transportation, loading, escort and security costs, storage, taxes, vat and etc. are solely on Buyer.



Article 3) specification of  good:
Name of good: Gold bullion
Amount:  *** MT
Specification: Gold Bullion weights one (1) Kg or (12/5) Kg
Purity: quality 99.95 according certificates of Gold
AGE OF GOLD: LESS THAN 5 YEARS

Article 4) Price:
The price of each KG of Gold is floating on the day of delivery according to LME London minus a fixed amount equal to Eighteen percent net (                    for buyer           for brokers          for buyer consultancy      for seller consultancy) in US Dollars ( to be paid in EURO ) .(the price of each ounce of Gold refresh according world site of www.kitco.com  multiple 35.15 multiple        ) that the Buyer is committed  to pay total  price of each part  in delivery time of parts. All payments should be pay by clear, clean money of non-criminal origin.

The approximate Calculate  day delivery of each part:
Price of one Kg Gold in Euro   = 35.15*price of each ounce of gold in euro according to www.kitco.com
Total price of contract in Euro = price of each Kg gold in euro                     MT

The buyer should be to issue FRESH CUT BANK GUARANTEE (BG) ICC 600 Cash Back, TOP WORLD BANK (confirmed by The first party) equal                            min in thirty parts max in six days after sign this Contract as beneficiary of First party or any nature or legal party whom informed in writing by first party in date of one year from signing contract that each of BGs should be equal                                           . All documents of BGs and codes of BGs should be delivered within seven days to beneficiary Bank of seller.
It should be noted that the buyer should be pay to his brokers             of value every part of the deal and should be pay to seller's brokers              of value every part of the deal.

Article 5) period of the Contract:
Delivery time of goods in this contract is from                         till                            .

Article 6) Procedures of the Contract:
So seller and buyer’s mutually agreed upon signing of this contract is to run and complete the transaction according to the following steps:
        At first step, buyer and seller signing the contract.
          The buyer should be to issue FRESH CUT BANK GUARANTEE (BG) ICC 600 Cash Back, TOP WORLD BANK (confirmed by The first party) equal               Billion Euro in min          parts max within six days (                        ) after sign this Contract as beneficiary of First party or any nature or legal party whom informed in writing by first party in date of one year from signing contract that each of BGs should be equal Five Hundred Million Euro. All documents of BGs should be delivered within seven days to beneficiary Bank of seller.
          Bank nominated by the seller is pledged to inform result of inquiry about foreign bank letter of guarantee (BG) under subject of this contract in writing max within Four Banking days after getting all documents.
          The buyer should be delivered copy all of experts documents and buyer to the seller for inquiry within Three banking days after positive result from inquiring of BGs.
          The buyer should be to arrangement air transport for Forty MT of gold to the Free zone in buyer's expense within Five Banking days after positive result from inquiring of expert documents and buyer documents.
        The seller should be to ship the gold to before the custom of free zone within Four banking days after above action and it should be visited by the buyer and his experts.
        Within (3) banking days after shipped the gold, the buyer should to send expert to assay Gold in free zone
         The buyer should be to pay in cash via swift MT103 value of part of the gold within Two banking days after above action and at the same time the seller transfer all of ownership of gold to the buyer.
        According to mutual contract this procedure (Article 6 -5 to 6-9) for first Part to final Part (every two weeks a part) is applicable unconditionally.
        At the end this contract according to mutual contract and after finished correctly obligations of Buyer, the seller will be returned to the Buyer the foreign bank guarantee (BG).
Note - delivery documents are as below:
1. Certificate of Origin.
2. Four (4) Copies of commercial Invoices.
3. Certificate of Ownership
4. Internationally Accepted Assay Certificate
5. Certificate of Insurance
6. Export Permit
7. Weight/packing list.
           
Article 7) Costs and expenses:
All costs and expenses for the transport of goods till delivery them is the responsibility of the buyer and  seller have not any responsible about this and all of costs of import and export and transport and etc. after delivery is the responsibility of the buyer and seller have not any responsible about this.

Article 8) The right of conclusion contract:
That all parties are committed to their obligations to fulfill the provisions of this contract fully.
        The Parties will not have any the right to terminate the contract. The parties were committed to fully and accurately implementing its provisions.
        The present contract has been signed in with the all cases of legal and commercial obligations in accordance with laws and regulations of trading world laws and Swiss laws is applicable and these rules and laws are based and valid  to the principles, interpretation, operation, performance, judgment and any other topic that is related to the contract  till  complete and the transaction is valid and the signatories are binding to observance of  legally

Article 9) Penalty Clause for non-performance: 

                      Parties: after signing this contract, the party or his legal representative cannot do his obligations in Period specified.
                      The Buyer: the buyer could n’t do his obligations in article 6 and could n’t pay value of each part in the specifies period with mutual contract with seller.
                      The Seller: the seller could n’t deliver the Gold (subject of this contract) and documents of gold to the buyer.

       If the buyer failed to issue a bank guarantee (BG) in mentioned date then the buyer should be to pay 3% value of this contract without any conditions and on demand to the seller and the buyer don’t have any right to real or legal objection.
          If the buyer didn’t pay value of each part in mentioned date to the seller or cannot do his obligations then all of BGs should be to paied to the seller as losses on demand and unconditional and the contract should be terminate automatically and the buyer don’t have any right real or legal objection.
          If the seller didn’t deliver each of parts of The gold to the Buyer then the seller should be to pay 3% value of this contract unconditional on demand and the seller don’t have any right to real or legal objections.


ARTICLE 10)- FORCE MAJEURE:

a) None of the parties cannot be to minus or absolve their obligations in this contract unless his delay or omission in his obligation will be occurred under Force Majeure .
b) in this contract force majeure condition can be occurred by war, blockade, revolution, riot, insurrection, civil commotion, strike, fire, flood, storm, tempest or other weather conditions, unforeseen blockade of the access to sky if Iran boycott (till this time boycott isn’t in force majeure condition) only for provider .
C) In the event that such a force majeure condition occurs or is anticipated, the provider affected shall advise the other party by facsimile or telex within four days:
c-1) the provider affected from date of force majeure can be stop his obligations and actions till finishing force majeure conditions.
c-2) all of actions in during of force majeure condition can be suspension and this time can be add to time of contract.
c-3) To avoid and eliminate the pressures which occurred by Force Majeure conditions and it caused stop the actions and till to reach an contract on how to act in such circumstances and If it is necessary to amend or modify this contract ,the parties will have to negotiate and communicate with each other.
c-4) After finishing force majeure condition or loss the impact of it ,the provider should to inform to other party and suddenly after that, the parties should to start his action.

Article 11) arbitration and disputes:

When any dispute between the parties happened, as cause the interpretation, understanding or implementation of this Contract, at the first step both parties will  try to solve their disputes through friendly negotiations Within  30 working days from the date of written dispute notification by each party and If they couldn’t get any positive outcomes , their disputes  will refer to the arbitration  clause  mentioned in the article no.9. If any  parties can refer their disputes to the official  Authorities having jurisdiction in Swiss.

Article 12)- Contract termination:
The Parties will not have any the right to terminate the contract if the price fluctuation during the entire term of this contract that is in any way (either increase or decrease) from beginning to end .the parties were committed to fully and accurately implementing its provisions.

Article 13)- Non-Circumvention, Non-Disclosure
All information or documents which, according to the contract between the parties will be exchanged, Is completely confidential and no one of parties without written consent of his other party should not disclose any documents or information of this contract for the real and legal third persons for any reason and order. In this regard the parties are Obligate to confidentiality and non-disclosure of information

Article 14)- correspondence and Conveyance and legal documents:
any correspondence and conveyance and legal documents from the parties, or references to third parties as set forth in addresses mentioned in article one  are  as real Conveyance and the parties haven’t  the right to change their addresses without prior written notice.

Article 15) - right assignment and transfer contract:
the buyer would not be have the right to assignment its rights or contractual obligations or general law to the real or legal  third person (persons).

Article 16) - Delete, add or change provisions of the contract:
Any delete, add, change or modify this Contract only after written contract of the parties, amendments will be valid and in the event of each of these cases, the written contract of the parties will be considered an integral part of this contract.

Article 17) WARNING LETTER!
This is a very important message to anyone involved in the commodities industry on the new measures with respect to Buyers and Sellers conducting transactions.

From now on, if an ICPO, LOI, RWA, L/C, BCL, P/I, POP ,BG  or FCO is issued and the document is not real, true and/or actually verifiably factual, the other party will be able to inform the FBI, ICC, and INTERPOL. In addition, after an ICPO, LOI, RWA, L/C, BCL, P/I, POP, or FCO is sent, there should be a formal answer from the other party in a timely manner in accordance with the contract between parties. If there is no response in a timely manner, the neglecting company will be reported to the FBI, ICC and INTERPOL. If this action is repeated by buyer(s), they too will also be reported for abuse of the NCND, LOI, ICPO, P/I, RWA, L/C OR BCL. FOR THIS IS NOW A FEDERAL OFFENSE.

It is important to transmit this to all clients that work with providers that are members of the ICC, FBI, and other international organizations.

From this point forward, the international codes will be strictly enforced to exclude all intruders that send or transmit false information. Those who submit a false NCND/IMFPA, LOI, ICPO, RWA, L/C, BCL, P/I or FCO, as well as FALSE PROOF OF PRODUCT (POP), FALSE PROOF OF FUNDS (POF), or any FALSE DOCUMENT(S), WILL BE CHARGED WITH A CRIME.

This offense went into effect on November 15, 2008 after a meeting was held between the Federal Reserve, European Central Bank, Interpol, Federal Bureau of Investigation and Central Intelligence Agency.
The reason for this measurement is to protect the commodities industry which is a fundamental part of the world’s economy.

I have read and understood the severity of the warning above and do realize the serious impact that pertains to all oil products and other commodities transactions.

Article 18) copies of the contract:
This contract was set in three copies in the Five pages and in eighteen articles and in twenty five clause in Three pages annex  with the same text and according all of trading world laws and Swiss was signed by the parties and each of them is same and have equally authentic and after the signatures were exchanged and is mandatory to run for parties. Provisions of this contract fully in all dimensions are function of general laws and regulations of Swiss.



Signature:
_________________________________________________________________________________
                      Print Name          :                                                                         Print Name            : 
                      Company             :                                                                         Company                 : 
                      Title                      :  CEO                                                               Title                        :  CEO
                      Passport No        :                                                                          Passport No           : 
                      Country of issue   :                                                                          Country of issue    : 
                      Date of Issue       :                                                                          Date of Issue          : 
                      Date of Expiry      :                                                                          Date of Expiry       : 












“ANNEX 1 ”
SELLER  BANK-DETAILES TO RECEIVE BG MT799 ,MT760
Bank name

Bank address

Account Name

Account Number

Bank Telephone/Fax

Officer Bank

Swift  Code



BUYER  BANK-DETAILES TO ISSUING BG MT799 ,MT760, MT103
Bank name

Bank address

Account Name

Company name

Company Reg.

Signatory name

Account Number

Bank Telephone/Fax

Officer Bank

Swift  Code

IBAN Code


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