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
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SELLER NAME(S)
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REPRESENTED BY
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PASSPORT NUMBER(S)
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NATIONALITY
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TELEPHONE NUMBER(S)
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EMAIL ADDRESS(ES)
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Hereinafter referred to as the “SELLER”
BUYER
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BUYERNAME
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REPRESENTED BY
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PASSPORTNUMBER
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NATIONALITY
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TELEPHONENUMBER
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EMAILADDRESS
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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:
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:
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At first step, buyer and seller signing the
contract.
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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.
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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.
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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.
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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.
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Within (3)
banking days after shipped the gold, the buyer should to send expert to assay
Gold in free zone
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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.
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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.
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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
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.
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The Parties will not have any the
right to terminate the contract. The parties were committed to fully and
accurately implementing its provisions.
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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:
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Parties: after signing this contract, the
party or his legal representative cannot do his obligations in Period
specified.
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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.
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The Seller: the seller could n’t deliver the
Gold (subject of this contract) and documents of gold to the buyer.
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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.
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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.
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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:
_________________________________________________________________________________
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Print Name :
Print Name :
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Company :
Company :
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Title :
CEO
Title : CEO
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Passport No :
Passport No :
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Country of issue
:
Country of issue :
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Date of Issue :
Date of Issue :
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Date of Expiry
:
Date of Expiry :
“ANNEX 1 ”
SELLER BANK-DETAILES TO RECEIVE BG MT799 ,MT760
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Bank
name
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Bank
address
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Account
Name
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Account
Number
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Bank
Telephone/Fax
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Officer
Bank
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Swift Code
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BUYER BANK-DETAILES TO ISSUING BG MT799 ,MT760,
MT103
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Bank name
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Bank address
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Account Name
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Company name
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Company Reg.
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Signatory name
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Account Number
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Bank Telephone/Fax
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Officer Bank
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Swift
Code
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IBAN Code
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