from: Gold Miner, Precious Metals Sales Representatives Agent. <rawgold.dustingots@gmail.com>
date: Nov 30, 2019, 8:07 AM
subject: Gold For Sale Brink to Brink.
mailed-by: gmail.com
Gold For Sale Brink to Brink.
Hello Sir,
Good day to you, we are local gold miner and seller of gold from Ghana West Africa, we sale at lower price of 3US$5,000 per a kilo, and we accept brinks to brinks business if your interested kindly see our proceeds below here.
1. Buyer CIS and financial statements are required to initiate an offer from the seller
2. Seller makes a CIF offer
3. Buyer accepts and makes arrangement with brinks generates a docket no from his destination
4. Brinks collects goods on behalf of buyer and delivers to a mutually acceptable refinery for assay.
5. Payment after assay. And the process. continues.
Commodity AU Size 12.5kgs billets Purity 99.99 Min 25kgs per trench Max 400kgs per Month.
If your interested kindly let me know without delay for us to proceed on with this.
Thank you,
Best regards,
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Suresh Babu - rawgold.dustingots@gmail.com
from: Group Gold Miner & Precious Stones Metals Sales Representatives Agent (IV VICTOR M. IHEKWEME). <rawgold.dustingots@gmail.com>
date: Feb 20, 2020, 2:23 PM
subject: Re: Gold For Sale Brink to Brink.
mailed-by: gmail.com
Dear Sir,
Thank you for your interest in the offer.
NOTE, BUYER MUST TAKE CARE OF MY VISA AND FLIGHT TICKET TO DUBAI TO MEET BOTH PARITIES IN DUBAI.
With reference to the Gold Bars Sale & Purchase, please find below details of agreement and method of execution.
Price USD 38,000 Per Kg CIF (including commission USD 400 Per kg)
Please work on it and let me know if you can find any potential buyers.
============================================================
With full legal and corporate responsibility, warrants that they have reliable sources under legal authority from the rightful owners of a specified quantity and quality of Gold Bars and hereby agree to sell to the BUYER hereto the quantity and quality of Gold Bars to the BUYER hereto;
WHEREAS, the BUYER hereto warrants that they are capable of purchasing with full legal and corporate responsibility, from the SELLER hereto the aforesaid quantity and quality of Gold Bars, and hereby enter into this SPAC to purchase from the SELLER hereto the aforesaid quantity and quality of Gold Bars
WHEREAS, above named parties through their respective signatories hereby desire to enter into and to execute the present SPA for Sale and Purchase of Gold Bars (hereinafter "COMMODITY") based on specific description, terms and conditions as set forth below.
NOW THEREFORE, for and in consideration of the mutual covenants herein contained, both Parties hereto hereby agree to willingly bind and obligate themselves to act and perform as follows, to with
DESTINATION: Buyers refinery worldwide
ASSAY: Final assay to be made at the Buyers designated refinery and the result of value will be accepted by both Buyer and Seller.
DELIVERY: CIF Door-to-Door by Air. (Buyers Refinery)
SUBSEQUENT DELIVERIES: As per agreement between Seller and Buyer depending on availability.
QUANTITY -
The contractual quantity of Gold Bars for sale to the Buyer under the terms of this Agreement shall be the first shipment of 500KGS at once there after 1,000 to 5,000KGS per month for 12 months with rolls and extensions.
All shipments must be completed in a maximum period of 21 business days beginning upon the execution of this contract.
PAYMENT TERMS:
BY TRANSFERABLE DLC MT700 SPECIMEN TEXT OF STANDBY LETTER OF
CREDIT: as per DL/C MT 700 text draft as indicated on the index 01 below of this contract last page to be opened by Buyer before seller export gold to the buyers destination
.
OBLIGATIONS OF BUYER
Buyer shall first send the buyers bank comfort Letter (BCL) before buyer opens an operative letter of credit (DLC) to the Sellers Nominated financiers bank account, then after sellers nominated bank confirms the opened DLC then sellers financier bank shall issue the buyers bank, then shall export/Ship the goods to the buyers destination.
First trial shipments: first trial shall be; 500kgs, second shipments shall be 1,000kgs per Month to 1,500kgs onwards, depending on buyers Purchasing capacity.
Origin: Tanzania.
Loading port: Nairobi International airport in Kenya East Africa.
Destination port: Any buyers Airport:
Price is USD($): 32,000 per Kilogram on this current gold extraction.
Packing: In special safe boxes placed in the safety security containers.
Purity: percentage from 96.91%.(22(K)Karats)
Assay: Assay to be made by refinery and value will be accepted by both Buyer and Seller.
Product History: Clean, clear, not liens, and non criminal origin. Hallmark: None
TRANSACTION CODE.
Both parties hereto hereby agree that the Transaction Code under this SPAC shall be known as TRANSACTION CODE:
Both parties hereto hereby agree that all communications, agreements, commitments or directives pertaining to the conduct of the said transaction under this SPAC shall always bear the Transaction Code as specified under Clause 1.0 (a) above for identity and as Appendix 01 procedure.
Buyer undertakes that the COMMODITY remains the property of Seller's or Seller's Designated Entity until Seller has received full payment of the price quoted under Clause 3 of this SPA. Buyer will pay for the custom fees, import taxes and the assay fees at the Buyers refinery/ country, including buyer will be responsible to pay all cost of securing and transporting the whole gold cargo from the buyers destined airport to the Buyer's Refinery.
Buyer's Refinery location must be acceptable to Seller.
Buyer confirms to have the COMMODITY assayed at its expense by its Designated Refinery.
Buyer confirms that Seller is to witness smelting of the COMMODITY for verification of purity at the buyers destination.
Buyer agrees to inform Seller continuously about the location of the COMMODITY and the state of its processing.
DELIVERY TERMS
The delivery for this Agreement shall be on a CIF Door-to-Door basis (by air-cargo) to nearest major airport in the country of Buyer's designated refinery (to refinery of Buyer's choice).
Seller will pay all export taxes, duties, levies and other costs, required in the country of origin/ of gold exporting country.
The COMMODITY will be deposited into the account of the Seller or Seller's Designated
Entity at the refinery (consigned to the Buyer's Refinery) and, once the COMMODITY has been assayed, the Seller will sell the COMMODITY at the agreed price to the Buyer per this SPA. The Seller will be notified by the Buyer's Refinery and copied to Buyer via e-mail of the date on which the COMMODITY has been assayed.
Seller will notify the Buyer via e-mail of the date of transport of the COMMODITY from Seller's Departure Point (Origin). In the same manner, Buyer will confirm receipt of Seller's Notice, which will include airway bill and all shipping documents
During the trial shipment of COMMODITY, Seller must be physically present at Customs and at the designated refinery to insure all procedures have been followed and delivery was completed.
The commodity will be packed in standard smelter/assayer's boxes each containing 10 kilograms (or more if accepted by Buyer) of COMMODITY described in this SPA.
Buyer or representatives will be physically present at the buyers designated refinery for all transactions carried out under this SPA.
SHIPMENT PROCEDURE (PROCEDURE A)
Seller prepare draft contract and send it to buyer for consideration and amendments if any.
Seller and buyer sign contract electronically.
Buyer shall issue first the BCL before issuance of the DLC MT 700
Buyer opens the BY AN OPERATIVE DLC MT700 SPECIMEN TEXT OF STANDBY LETTER OF CREDIT which is equivalent to the amount of gold to be shipped to seller as guarantee for payment (Please see below format)
Seller clearing agent shall do export arrangement as per CIF terms, (import taxes shall be on buyers side)
Seller ship gold to destination recommended by the buyer within 72 hours opening of the SBLC MT 760 (Buyer shall arrange security from Airport to refinery)
Seller allows purity verification at buyers destination after buyer and seller bring with them the gold to the refinery to witness the smelting, cost of smelting will be borne by Buyer.
Refinery assays confirm and authenticates value of the received shipment (Buyer shall legally own the gold after seller confirm payment to his account) only after seller receives full payment after the assay report at the buyers refinery.
Buyer release the sign long term contract for the amount, with which shall be supplied regularly per month.
DELIVERY DOCUMENTS
Each shipment and delivery shall be identified with all appropriate contract reference codes and numbers and a label has to be put on the boxes of the COMMODITY. The Seller will provide the following documents to the Buyer for each shipment:
Commercial Invoice
Certificate of Origin
Certificate of Ownership
Export Permit/export authorization
5. Full set Original Airway bill, market Air Freight Pre-Paid and Showing the Gross and
Net weight.
6. Original purity Assay analysis Report issued in Country of Origin of the shipment/ Assay Certificate
TITLE OF GOODS
The Title of the COMMODITY shall pass from the Seller or Seller's Designated Entity to the Buyer once the final and acceptable assay is given by the buyers refinery and full payment is released to the seller´s nominated bank account.
TAXES AND INSTITUTIONAL COSTS
The parties hereto individually and separately accept that all liabilities for taxes, levies, duties, charges and any institutional costs applicable in the execution their respective rules and regulations will be covered.
FORCE MAJEURE
Neither the SELLER or BUYER hereto shall be liable or responsible for any failure to fulfill their respective obligations and responsibilities under this SPAC if fulfillment has been prevented or curtailed by any circumstances whatsoever beyond the reasonable control of SELLER or BUYER hereto, as the case may be including without prejudice to the generality of the foregoing:
Civil strife riots or war.
Strike, lockout or labor dispute
Adverse weather or peril of the sea or embargoes
Delays of vessel due to breakdown provided always that nothing contained herein shall relieve the BUYER of any of its obligations to make payments due to the SELLER hereto under this SPAC by the due date or according to the provision of the payment terms under this SPAC.
In the event of circumstances of Force Majeure lasting more than Ninety (90) days, the BUYER hereto shall have the right to cancel this SPAC partly or in totality. In such a case, none of the Parties hereof shall have the right to any compensation for possible losses by either Party.
The Party seeking relief under (1) of this provision shall advise the other Party as soon as practicable of the circumstances causing the failure to fulfill its obligations and shall thereafter provide such information as is available regarding the progress or cessation of those circumstances. The Certificate issued by the respective Chamber of Commerce in the country where Force Majeure arises shall be sufficient proof of such circumstances.
BREACH OF THIS SPAC/ARBITRATION/JURISDICTION
Both Parties hereto hereby agree that except for the provisions of the Force Majeure as described under Clause 9.0, above, any breach of any of the provisions of this SPAC shall be settled amicably between both Parties. Failures to reach an amicable settlement, both Parties hereto hereby agree to submit to Arbitration under the Laws of Arbitration of the country of jurisdiction. Both Parties hereto hereby agree to abide by the result of the Arbitration Process.
If the dispute is not resolved by Arbitration and necessitate bringing the dispute under the legal process, the jurisdiction shall be that of the English Courts of Law.
NON-CIRCUMVENTION/NON-DISCLOSURE
Both Parties hereto hereby agree to keep this transaction confidential to the Parties involved herein. No disclosure to any other person, institutions, companies, corporations, etc., shall be entertained or given access by information without prior consent by either Party.
Nobody under the employ or assigns by either Party hereof shall circumvent either Party in transacting the same business with any of the Principals under this transaction, whether during or after the maturity of this particular transaction. Should any of the parties involved herein conduct or transact the same business with any of the principals herein without the knowledge of the other Party, the Party in breach of this provision shall compensate the aggrieved Party equivalent to the Commissions as committed under the original transaction.
All considerations, benefits and commissions received as a result of the contract of the parties relating to any of the transaction will be allocated as mutually agreed to and as stipulated in the ICC NCNDA IMFPA document.
Buyer irrevocably binds itself to provide any and all documentation requested by seller, immediately and without delay, in connection with the sale/purchase of the aforementioned goods.
Seller irrevocably binds itself to provide any and all documentation requested by buyer, immediately and without delay, in connection with the
sale/purchase of the aforementioned goods.
SPECIAL PROVISIONS
Seller and or Buyer have the right to assign this SPA in whole or in part.
Nothing contained in this SPA shall be construed or have an effect as constituting any partnership between the parties of this SPA.
The Buyer agrees that the Seller can send representative(s) to accompany the COMMODITY at all times (except closing time of the refinery), until the ownership of the COMMODITY is transferred to the Buyer. The Seller will instruct his representative(s) to authorize the opening of the crates, in the presence of a customs official and a Buyers representative for verification purposes.
This SPA contains the full SPA and entire understanding of the parties herein with respect to the subject matter hereof and supersedes all prior and contemporaneous understandings of parties with respect to the same subject of this SPA. No changes, alterations or substitutions shall be permitted unless the same shall be notified in writing and signed by both parties.
This SPA shall be accepted to be legal and binding by both parties if executed and sent by fax and/or Email direct to the parties concerned at the numbers contained within this SPA.
CONFIDENTIALITY AGREEMENT
Seller and Buyer shall treat information provided by the other party on a strictly private and confidential basis. Seller and Buyer shall take all necessary steps to prevent the others confidential information from being misused or disclosed or made public to any third party except as needed to successfully complete the contract or to avoid conflicting claims (and except as may be required in accordance with the applicable law)
Buyer shall not use the confidential information provided by the Seller in such a way as to:
Circumvent the Seller in the commercial dealings with any and all supplies under the contract or
Do anything to circumvent the seller in such a way as to put seller at a commercial disadvantage with the suppliers or countries under this contract
Seller shall not use the confidential information provided by Buyer in such way as to:
Circumvent Buyer in the commercial dealings with the consignee if introduced by the Buyer, or
Do anything to circumvent the Buyer in such a way as to put Buyer at a commercial disadvantage with a consignee if existing
Seller and Buyer shall keep each other fully informed about the progress of all current and future contract negotiations and about the performance of the contract
The obligations of confidentiality of the Seller and Buyer shall remain in force for the period of 5 (five) years from the date hereof
Any breach of these provisions will entail payment of damages to the other party.
BINDING AUTHORITY:
This Agreement is binding upon the parties hereto, their assigns and successors and is signed with full authority to Act.
TOTAL AGREEMENT:
This Agreement supersedes any and all prior agreements and represents the entire Agreement between the parties. No changes, alternations or substitutions shall be permitted unless the same shall be notified in writing and signed by both parties.
EXECUTION OF THIS AGREEMENT:
The terms of this Agreement shall be confirmed and signed by Buyer and Seller via facsimile or email. Said executed facsimile or email shall be binding and initiates and concludes the legal liabilities between Buyer and Seller of this contract. By signing below, both parties abide by their corporate and legal responsibility, and execute this contract under full penalty or perjury.
The financial instrument, the payment, will be issued or assigned in favor of Sellers financier for and on behalf of the seller and sent to their nominated bank account worldwide with the parameters on the international bank laws of the Financial Institution as defined herein, as per details herein that Whenever a swift is sent between the banks, the sending party should provide swift receipt to the receiving party.
Alternative corporate bank accounts: Due to the different banking regulations and practices around the world, various banking instruments are accepted by some banks in some countries and not accepted by others. Buyer and seller reserve the right to change bank account before the instrument is issued.
44F: Port of Discharge/ Airport of Destination.
ANY PORT ...
44E: Port of Loading / Airport of Departure.
ANY PORT IN
45A: Description of Goods & or Services
AS PER PROFORMA INVOICE NUMBER NO-.. DATED-, QUANTITY---PRICE---TOTALS VALUE USD ...
46A: Documents required
COMMERCIAL INVOICES, CERTIFYING THAT THE QUALITY, QUANTITY AND DESCRIPTION OF GOODS SHIPPED ARE STRICTLY IN ACCORDANCE WITH PROFORMA INVOICE NUMBER XXXXXX DATED XXXX
PACKING LIST,CERTIFYING THAT THE QUALITY, QUANTITY AND DESCRIPTION OF GOODS SHIPPED ARE STRICTLY IN ACCORDANCE WITH PROFORMA INVOICE NUMBER XXX DATED XXX BENEFICIARY IN 1 ORIGINAL AND 3 COPIES AS PER INTERNATIONAL STANDARD.
FULL SET OF ORIGINAL CLEAN BILL OF LADING MARKET FREIGHT PEPAID TO THE ORDER OF ISSUING BANK AND NOTIFY APPLICANT
CERTIFICATE OF ORIGIN IN DUPLICATE ISSUED BY COMPETENT AUTHROITY.
PRE-SHIPEMNT INSPECTION CERTIFICATE TO BE ISSUED BY THE APPLICANT REPRESENTATIVE CERTIFIED THAT GOODS ARE O.K. AS PER ORDER AND AUTHRORIZED REPREENTAIVE PERSON NAME WILL BE NOMINATED BY THE ISSUING BANK BY SWIFT AMENDMENT; COPY OF SUCH SHOULD BE ATTACHED WITH THE DOCUMENTS FOR NEGOTIATION.
INSURANCE SHOULD BE 110% OF THE GOODS VALUE PAYABLE AT THE DESTINCTION PORT AND BEARED BY BENEFICARY.
ONE SET OF NON-NEGOTIABLE DOCUMENTS TO BE SEND BY THE BENEFICIARY TO THE APPLICANT WITIN 3 DAYS FROM THE DATE OF SHIPMENT BY COURIER. ORIGINAL COURIER RECEIPT SHOULD BE ATTACHED WITH THE DOCUMENTS.
47 A: Additional Conditions
THIRD PARTY DOCUEMNTS ARE NOT ACCEPTABLE.
DRAWING EXCEEDING THE CREDIT AMOUNT IS NOT ACCEPTABLE.
ALL DOCUMENTS MUST BE PRESENT STRICTLY AS PER THE LC TERMS.
ALL DOCUMENTS SHOULD BE IN ENGLISH.
CHARTER PARTY BILL OF LADING IS ACCEPTABLE TO BE ISSUED BY INTERNATIONAL RECONIZED SHIPPING AGENCY.
UNQUOTE
71B: Charges
ADVISING CHARGES ARE FOR A/C OF BENEFICIARY ACCOUNT.
ALL BANK CHARGES OUTSIDE L/C ISSUING BANK ARE FOR BENEFICIARYS ACCOUNT.
49: Confirmation Instructions WITHOUT
48: Period for Presentation
WITHIN 21 DAYS FROM THE DATE OF SHIPMENT BUT WITHIN THE VALIDITY OF THIS CREDIT.
78: Instruction to Pay/Accept/Negotiating Bank
ADVISING CHARGES TO BE COLLECTED UPFRONT FROM BENEFICIARY BEFORE ADVISING.
ONE ADDITIONAL PHOTOCOPY OF ALL DOCUMENTS SHOULD BE SUBMITTED ALONG WITH THE DOCUMENTS.
FULL SET OF ORIGINAL DOCUMENTS SHOULD BE SENT TO US IN ONE LOT BY COURIER SERVICE AT..
WE HEREBY ENGAGE WITH THE DRAWERS, ENDORSERS AND BONAFIDE HOLDER OF THE DRAFTS DRAWN UNDER AND IN STRICT COMPLIANCE WITH THE TERMS OF CREDIT THAT SUCH DRAFTS WILL BE DULY HONOURED AND THE AMOUNT WILL BE REMITTED TO THE NEGOTIATING BANK AS PER THEIR INSTRUCTION.
57 A: Advice through Bank-Name & Address
72: SENDER TO RECEIVER INFORMATION
ADVISING BANK DETAILS: .., BANK: BANK ADDRESS. SWIFT: ..
XXXXXXXXXXX END OF THE TEXT ADVICEXXXXXXXXX
SELLERS NOMINATED BANK DETAILS(TO BE ADVISED(T.B.A)
Bank name: ......................
Bank account number: .......................... Swift Code:
Bank address: .........................
Bank phone number: .............................
Bank Fax Number:............................
Bank Officer: ...................................
BUYERS BANK
Bank name: ......................
Bank account number: .......................... Swift Code:
Bank address: .........................
Bank phone number: .............................
Bank Fax Number:............................
Bank Officer: ...................................
IN WITNESS WHEREOF, both Parties hereto hereby affix their signatures in the presence of their respective witnesses on the date and place first above written,
BUYER:
Name:
Title:
Signature & Seal:
Date: 18th, Feb. 2020
ANNEX 1
PRE-ADVISE VIA SWIFT DLC MT700 AGREED VERBIAGE
Instance Type and Transmission Original
-----------------------------------------------
Priority/ Delivery: URGENT Message Header
-----------------------------------------------
Swift Input: FIN 700 ISSUE OF DOCUMENTARY LETTER OF CREDIT
Sender:
Bank Name: ..
Swift code: .
RECEIVER:
Bank NAME:
Swift code:.
Message Text:
-----------------------------------------------
27: Sequence of Total 1/1
40A: Form of Documentary Credit IRREVOCABLE
20: Documentary Credit Number XXXXXXXXXXXXXXXXXX
31C: Date of Issue Date:...Month.. Year 2020
40E: Applicable Rules UCP LATEST VERSION
31D: Date and Place of Expiry Date:..Month...2021
51D: Applicant Bank-BIC
Bank Name:.
50: Applicant:
59: Beneficiary-Address .
32B: Currency Code, USD,
Amount US DOLLAR (USD) ..000.
41 D: Available With.. By・ Name & Address ISSUING BANK BY PAYMENT OR
ANY BANK BY NEGOTIATION
43P: Partial Shipments ALLOWED
43T: Trans-shipment ALLOWED
42C: Draft at….
AT SIGHT DRAWN ON ……………………., ……………………………..
42D: Drawee-UIC
Bank Name:……………….., ………………………………
44C: Latest Date of Shipment:
15 DAYS PRIOR TO EXPIRY
هي احسن وافضل
MT 103/TT
PAYMENT TERMS:
BY TRANSFERABLE DLC MT700 SPECIMEN TEXT OF STANDBY LETTER OF
CREDIT: as per DL/C MT 700 text draft as indicated on the index 01 below of this contract last page to be opened by Buyer before seller export gold to the buyers destination
.
OBLIGATIONS OF BUYER
Buyer shall first send the buyers bank comfort Letter (BCL) before buyer opens an operative letter of credit (DLC) to the Sellers Nominated financiers bank account, then after sellers nominated bank confirms the opened DLC then sellers financier bank shall issue the buyers bank, then shall export/Ship the goods to the buyers destination.
Buyer undertakes that the COMMODITY remains the property of Seller's or Seller's Designated Entity until Seller has received full payment of the price quoted under Clause 3 of this SPA. Buyer will pay for the custom fees, import taxes and the assay fees at the Buyers refinery/ country, including buyer will be responsible to pay all cost of securing and transporting the whole gold cargo from the buyers destined airport to the Buyer's Refinery.
Buyer's Refinery location must be acceptable to Seller.
Buyer confirms to have the COMMODITY assayed at its expense by its Designated Refinery.
Buyer confirms that Seller is to witness smelting of the COMMODITY for verification of purity at the buyers destination.
Buyer agrees to inform Seller continuously about the location of the COMMODITY and the state of its processing.
Month to 1,500kgs on wards, depending on buyers Purchasing capacity.
Origin: Tanzania.
Loading port: Nairobi International airport in Kenya East Africa.
Destination port: Any buyers Airport:
Price is USD ($): 38,000 Price per Kilogram on this current gold extraction.
Packing: In special safe boxes placed in the safety security containers.
Purity: percentage from 96.91%.(22(K)Karats)
Assay: Assay to be made by refinery and value will be accepted by both Buyer and Seller.
Product History: Clean, clear, not liens, and non criminal origin. Hallmark: None
With Regards,
Suresh Babu C K
Director
date: Feb 20, 2020, 2:23 PM
subject: Re: Gold For Sale Brink to Brink.
mailed-by: gmail.com
Dear Sir,
Thank you for your interest in the offer.
NOTE, BUYER MUST TAKE CARE OF MY VISA AND FLIGHT TICKET TO DUBAI TO MEET BOTH PARITIES IN DUBAI.
With reference to the Gold Bars Sale & Purchase, please find below details of agreement and method of execution.
Price USD 38,000 Per Kg CIF (including commission USD 400 Per kg)
Please work on it and let me know if you can find any potential buyers.
============================================================
With full legal and corporate responsibility, warrants that they have reliable sources under legal authority from the rightful owners of a specified quantity and quality of Gold Bars and hereby agree to sell to the BUYER hereto the quantity and quality of Gold Bars to the BUYER hereto;
WHEREAS, the BUYER hereto warrants that they are capable of purchasing with full legal and corporate responsibility, from the SELLER hereto the aforesaid quantity and quality of Gold Bars, and hereby enter into this SPAC to purchase from the SELLER hereto the aforesaid quantity and quality of Gold Bars
WHEREAS, above named parties through their respective signatories hereby desire to enter into and to execute the present SPA for Sale and Purchase of Gold Bars (hereinafter "COMMODITY") based on specific description, terms and conditions as set forth below.
NOW THEREFORE, for and in consideration of the mutual covenants herein contained, both Parties hereto hereby agree to willingly bind and obligate themselves to act and perform as follows, to with
DESTINATION: Buyers refinery worldwide
ASSAY: Final assay to be made at the Buyers designated refinery and the result of value will be accepted by both Buyer and Seller.
DELIVERY: CIF Door-to-Door by Air. (Buyers Refinery)
SUBSEQUENT DELIVERIES: As per agreement between Seller and Buyer depending on availability.
QUANTITY -
The contractual quantity of Gold Bars for sale to the Buyer under the terms of this Agreement shall be the first shipment of 500KGS at once there after 1,000 to 5,000KGS per month for 12 months with rolls and extensions.
All shipments must be completed in a maximum period of 21 business days beginning upon the execution of this contract.
PAYMENT TERMS:
BY TRANSFERABLE DLC MT700 SPECIMEN TEXT OF STANDBY LETTER OF
CREDIT: as per DL/C MT 700 text draft as indicated on the index 01 below of this contract last page to be opened by Buyer before seller export gold to the buyers destination
.
OBLIGATIONS OF BUYER
Buyer shall first send the buyers bank comfort Letter (BCL) before buyer opens an operative letter of credit (DLC) to the Sellers Nominated financiers bank account, then after sellers nominated bank confirms the opened DLC then sellers financier bank shall issue the buyers bank, then shall export/Ship the goods to the buyers destination.
First trial shipments: first trial shall be; 500kgs, second shipments shall be 1,000kgs per Month to 1,500kgs onwards, depending on buyers Purchasing capacity.
Origin: Tanzania.
Loading port: Nairobi International airport in Kenya East Africa.
Destination port: Any buyers Airport:
Price is USD($): 32,000 per Kilogram on this current gold extraction.
Packing: In special safe boxes placed in the safety security containers.
Purity: percentage from 96.91%.(22(K)Karats)
Assay: Assay to be made by refinery and value will be accepted by both Buyer and Seller.
Product History: Clean, clear, not liens, and non criminal origin. Hallmark: None
TRANSACTION CODE.
Both parties hereto hereby agree that the Transaction Code under this SPAC shall be known as TRANSACTION CODE:
Both parties hereto hereby agree that all communications, agreements, commitments or directives pertaining to the conduct of the said transaction under this SPAC shall always bear the Transaction Code as specified under Clause 1.0 (a) above for identity and as Appendix 01 procedure.
Buyer undertakes that the COMMODITY remains the property of Seller's or Seller's Designated Entity until Seller has received full payment of the price quoted under Clause 3 of this SPA. Buyer will pay for the custom fees, import taxes and the assay fees at the Buyers refinery/ country, including buyer will be responsible to pay all cost of securing and transporting the whole gold cargo from the buyers destined airport to the Buyer's Refinery.
Buyer's Refinery location must be acceptable to Seller.
Buyer confirms to have the COMMODITY assayed at its expense by its Designated Refinery.
Buyer confirms that Seller is to witness smelting of the COMMODITY for verification of purity at the buyers destination.
Buyer agrees to inform Seller continuously about the location of the COMMODITY and the state of its processing.
DELIVERY TERMS
The delivery for this Agreement shall be on a CIF Door-to-Door basis (by air-cargo) to nearest major airport in the country of Buyer's designated refinery (to refinery of Buyer's choice).
Seller will pay all export taxes, duties, levies and other costs, required in the country of origin/ of gold exporting country.
The COMMODITY will be deposited into the account of the Seller or Seller's Designated
Entity at the refinery (consigned to the Buyer's Refinery) and, once the COMMODITY has been assayed, the Seller will sell the COMMODITY at the agreed price to the Buyer per this SPA. The Seller will be notified by the Buyer's Refinery and copied to Buyer via e-mail of the date on which the COMMODITY has been assayed.
Seller will notify the Buyer via e-mail of the date of transport of the COMMODITY from Seller's Departure Point (Origin). In the same manner, Buyer will confirm receipt of Seller's Notice, which will include airway bill and all shipping documents
During the trial shipment of COMMODITY, Seller must be physically present at Customs and at the designated refinery to insure all procedures have been followed and delivery was completed.
The commodity will be packed in standard smelter/assayer's boxes each containing 10 kilograms (or more if accepted by Buyer) of COMMODITY described in this SPA.
Buyer or representatives will be physically present at the buyers designated refinery for all transactions carried out under this SPA.
SHIPMENT PROCEDURE (PROCEDURE A)
Seller prepare draft contract and send it to buyer for consideration and amendments if any.
Seller and buyer sign contract electronically.
Buyer shall issue first the BCL before issuance of the DLC MT 700
Buyer opens the BY AN OPERATIVE DLC MT700 SPECIMEN TEXT OF STANDBY LETTER OF CREDIT which is equivalent to the amount of gold to be shipped to seller as guarantee for payment (Please see below format)
Seller clearing agent shall do export arrangement as per CIF terms, (import taxes shall be on buyers side)
Seller ship gold to destination recommended by the buyer within 72 hours opening of the SBLC MT 760 (Buyer shall arrange security from Airport to refinery)
Seller allows purity verification at buyers destination after buyer and seller bring with them the gold to the refinery to witness the smelting, cost of smelting will be borne by Buyer.
Refinery assays confirm and authenticates value of the received shipment (Buyer shall legally own the gold after seller confirm payment to his account) only after seller receives full payment after the assay report at the buyers refinery.
Buyer release the sign long term contract for the amount, with which shall be supplied regularly per month.
DELIVERY DOCUMENTS
Each shipment and delivery shall be identified with all appropriate contract reference codes and numbers and a label has to be put on the boxes of the COMMODITY. The Seller will provide the following documents to the Buyer for each shipment:
Commercial Invoice
Certificate of Origin
Certificate of Ownership
Export Permit/export authorization
5. Full set Original Airway bill, market Air Freight Pre-Paid and Showing the Gross and
Net weight.
6. Original purity Assay analysis Report issued in Country of Origin of the shipment/ Assay Certificate
TITLE OF GOODS
The Title of the COMMODITY shall pass from the Seller or Seller's Designated Entity to the Buyer once the final and acceptable assay is given by the buyers refinery and full payment is released to the seller´s nominated bank account.
TAXES AND INSTITUTIONAL COSTS
The parties hereto individually and separately accept that all liabilities for taxes, levies, duties, charges and any institutional costs applicable in the execution their respective rules and regulations will be covered.
FORCE MAJEURE
Neither the SELLER or BUYER hereto shall be liable or responsible for any failure to fulfill their respective obligations and responsibilities under this SPAC if fulfillment has been prevented or curtailed by any circumstances whatsoever beyond the reasonable control of SELLER or BUYER hereto, as the case may be including without prejudice to the generality of the foregoing:
Civil strife riots or war.
Strike, lockout or labor dispute
Adverse weather or peril of the sea or embargoes
Delays of vessel due to breakdown provided always that nothing contained herein shall relieve the BUYER of any of its obligations to make payments due to the SELLER hereto under this SPAC by the due date or according to the provision of the payment terms under this SPAC.
In the event of circumstances of Force Majeure lasting more than Ninety (90) days, the BUYER hereto shall have the right to cancel this SPAC partly or in totality. In such a case, none of the Parties hereof shall have the right to any compensation for possible losses by either Party.
The Party seeking relief under (1) of this provision shall advise the other Party as soon as practicable of the circumstances causing the failure to fulfill its obligations and shall thereafter provide such information as is available regarding the progress or cessation of those circumstances. The Certificate issued by the respective Chamber of Commerce in the country where Force Majeure arises shall be sufficient proof of such circumstances.
BREACH OF THIS SPAC/ARBITRATION/JURISDICTION
Both Parties hereto hereby agree that except for the provisions of the Force Majeure as described under Clause 9.0, above, any breach of any of the provisions of this SPAC shall be settled amicably between both Parties. Failures to reach an amicable settlement, both Parties hereto hereby agree to submit to Arbitration under the Laws of Arbitration of the country of jurisdiction. Both Parties hereto hereby agree to abide by the result of the Arbitration Process.
If the dispute is not resolved by Arbitration and necessitate bringing the dispute under the legal process, the jurisdiction shall be that of the English Courts of Law.
NON-CIRCUMVENTION/NON-DISCLOSURE
Both Parties hereto hereby agree to keep this transaction confidential to the Parties involved herein. No disclosure to any other person, institutions, companies, corporations, etc., shall be entertained or given access by information without prior consent by either Party.
Nobody under the employ or assigns by either Party hereof shall circumvent either Party in transacting the same business with any of the Principals under this transaction, whether during or after the maturity of this particular transaction. Should any of the parties involved herein conduct or transact the same business with any of the principals herein without the knowledge of the other Party, the Party in breach of this provision shall compensate the aggrieved Party equivalent to the Commissions as committed under the original transaction.
All considerations, benefits and commissions received as a result of the contract of the parties relating to any of the transaction will be allocated as mutually agreed to and as stipulated in the ICC NCNDA IMFPA document.
Buyer irrevocably binds itself to provide any and all documentation requested by seller, immediately and without delay, in connection with the sale/purchase of the aforementioned goods.
Seller irrevocably binds itself to provide any and all documentation requested by buyer, immediately and without delay, in connection with the
sale/purchase of the aforementioned goods.
SPECIAL PROVISIONS
Seller and or Buyer have the right to assign this SPA in whole or in part.
Nothing contained in this SPA shall be construed or have an effect as constituting any partnership between the parties of this SPA.
The Buyer agrees that the Seller can send representative(s) to accompany the COMMODITY at all times (except closing time of the refinery), until the ownership of the COMMODITY is transferred to the Buyer. The Seller will instruct his representative(s) to authorize the opening of the crates, in the presence of a customs official and a Buyers representative for verification purposes.
This SPA contains the full SPA and entire understanding of the parties herein with respect to the subject matter hereof and supersedes all prior and contemporaneous understandings of parties with respect to the same subject of this SPA. No changes, alterations or substitutions shall be permitted unless the same shall be notified in writing and signed by both parties.
This SPA shall be accepted to be legal and binding by both parties if executed and sent by fax and/or Email direct to the parties concerned at the numbers contained within this SPA.
CONFIDENTIALITY AGREEMENT
Seller and Buyer shall treat information provided by the other party on a strictly private and confidential basis. Seller and Buyer shall take all necessary steps to prevent the others confidential information from being misused or disclosed or made public to any third party except as needed to successfully complete the contract or to avoid conflicting claims (and except as may be required in accordance with the applicable law)
Buyer shall not use the confidential information provided by the Seller in such a way as to:
Circumvent the Seller in the commercial dealings with any and all supplies under the contract or
Do anything to circumvent the seller in such a way as to put seller at a commercial disadvantage with the suppliers or countries under this contract
Seller shall not use the confidential information provided by Buyer in such way as to:
Circumvent Buyer in the commercial dealings with the consignee if introduced by the Buyer, or
Do anything to circumvent the Buyer in such a way as to put Buyer at a commercial disadvantage with a consignee if existing
Seller and Buyer shall keep each other fully informed about the progress of all current and future contract negotiations and about the performance of the contract
The obligations of confidentiality of the Seller and Buyer shall remain in force for the period of 5 (five) years from the date hereof
Any breach of these provisions will entail payment of damages to the other party.
BINDING AUTHORITY:
This Agreement is binding upon the parties hereto, their assigns and successors and is signed with full authority to Act.
TOTAL AGREEMENT:
This Agreement supersedes any and all prior agreements and represents the entire Agreement between the parties. No changes, alternations or substitutions shall be permitted unless the same shall be notified in writing and signed by both parties.
EXECUTION OF THIS AGREEMENT:
The terms of this Agreement shall be confirmed and signed by Buyer and Seller via facsimile or email. Said executed facsimile or email shall be binding and initiates and concludes the legal liabilities between Buyer and Seller of this contract. By signing below, both parties abide by their corporate and legal responsibility, and execute this contract under full penalty or perjury.
The financial instrument, the payment, will be issued or assigned in favor of Sellers financier for and on behalf of the seller and sent to their nominated bank account worldwide with the parameters on the international bank laws of the Financial Institution as defined herein, as per details herein that Whenever a swift is sent between the banks, the sending party should provide swift receipt to the receiving party.
Alternative corporate bank accounts: Due to the different banking regulations and practices around the world, various banking instruments are accepted by some banks in some countries and not accepted by others. Buyer and seller reserve the right to change bank account before the instrument is issued.
44F: Port of Discharge/ Airport of Destination.
ANY PORT ...
44E: Port of Loading / Airport of Departure.
ANY PORT IN
45A: Description of Goods & or Services
AS PER PROFORMA INVOICE NUMBER NO-.. DATED-, QUANTITY---PRICE---TOTALS VALUE USD ...
46A: Documents required
COMMERCIAL INVOICES, CERTIFYING THAT THE QUALITY, QUANTITY AND DESCRIPTION OF GOODS SHIPPED ARE STRICTLY IN ACCORDANCE WITH PROFORMA INVOICE NUMBER XXXXXX DATED XXXX
PACKING LIST,CERTIFYING THAT THE QUALITY, QUANTITY AND DESCRIPTION OF GOODS SHIPPED ARE STRICTLY IN ACCORDANCE WITH PROFORMA INVOICE NUMBER XXX DATED XXX BENEFICIARY IN 1 ORIGINAL AND 3 COPIES AS PER INTERNATIONAL STANDARD.
FULL SET OF ORIGINAL CLEAN BILL OF LADING MARKET FREIGHT PEPAID TO THE ORDER OF ISSUING BANK AND NOTIFY APPLICANT
CERTIFICATE OF ORIGIN IN DUPLICATE ISSUED BY COMPETENT AUTHROITY.
PRE-SHIPEMNT INSPECTION CERTIFICATE TO BE ISSUED BY THE APPLICANT REPRESENTATIVE CERTIFIED THAT GOODS ARE O.K. AS PER ORDER AND AUTHRORIZED REPREENTAIVE PERSON NAME WILL BE NOMINATED BY THE ISSUING BANK BY SWIFT AMENDMENT; COPY OF SUCH SHOULD BE ATTACHED WITH THE DOCUMENTS FOR NEGOTIATION.
INSURANCE SHOULD BE 110% OF THE GOODS VALUE PAYABLE AT THE DESTINCTION PORT AND BEARED BY BENEFICARY.
ONE SET OF NON-NEGOTIABLE DOCUMENTS TO BE SEND BY THE BENEFICIARY TO THE APPLICANT WITIN 3 DAYS FROM THE DATE OF SHIPMENT BY COURIER. ORIGINAL COURIER RECEIPT SHOULD BE ATTACHED WITH THE DOCUMENTS.
47 A: Additional Conditions
THIRD PARTY DOCUEMNTS ARE NOT ACCEPTABLE.
DRAWING EXCEEDING THE CREDIT AMOUNT IS NOT ACCEPTABLE.
ALL DOCUMENTS MUST BE PRESENT STRICTLY AS PER THE LC TERMS.
ALL DOCUMENTS SHOULD BE IN ENGLISH.
CHARTER PARTY BILL OF LADING IS ACCEPTABLE TO BE ISSUED BY INTERNATIONAL RECONIZED SHIPPING AGENCY.
UNQUOTE
71B: Charges
ADVISING CHARGES ARE FOR A/C OF BENEFICIARY ACCOUNT.
ALL BANK CHARGES OUTSIDE L/C ISSUING BANK ARE FOR BENEFICIARYS ACCOUNT.
49: Confirmation Instructions WITHOUT
48: Period for Presentation
WITHIN 21 DAYS FROM THE DATE OF SHIPMENT BUT WITHIN THE VALIDITY OF THIS CREDIT.
78: Instruction to Pay/Accept/Negotiating Bank
ADVISING CHARGES TO BE COLLECTED UPFRONT FROM BENEFICIARY BEFORE ADVISING.
ONE ADDITIONAL PHOTOCOPY OF ALL DOCUMENTS SHOULD BE SUBMITTED ALONG WITH THE DOCUMENTS.
FULL SET OF ORIGINAL DOCUMENTS SHOULD BE SENT TO US IN ONE LOT BY COURIER SERVICE AT..
WE HEREBY ENGAGE WITH THE DRAWERS, ENDORSERS AND BONAFIDE HOLDER OF THE DRAFTS DRAWN UNDER AND IN STRICT COMPLIANCE WITH THE TERMS OF CREDIT THAT SUCH DRAFTS WILL BE DULY HONOURED AND THE AMOUNT WILL BE REMITTED TO THE NEGOTIATING BANK AS PER THEIR INSTRUCTION.
57 A: Advice through Bank-Name & Address
72: SENDER TO RECEIVER INFORMATION
ADVISING BANK DETAILS: .., BANK: BANK ADDRESS. SWIFT: ..
XXXXXXXXXXX END OF THE TEXT ADVICEXXXXXXXXX
SELLERS NOMINATED BANK DETAILS(TO BE ADVISED(T.B.A)
Bank name: ......................
Bank account number: .......................... Swift Code:
Bank address: .........................
Bank phone number: .............................
Bank Fax Number:............................
Bank Officer: ...................................
BUYERS BANK
Bank name: ......................
Bank account number: .......................... Swift Code:
Bank address: .........................
Bank phone number: .............................
Bank Fax Number:............................
Bank Officer: ...................................
IN WITNESS WHEREOF, both Parties hereto hereby affix their signatures in the presence of their respective witnesses on the date and place first above written,
BUYER:
Name:
Title:
Signature & Seal:
Date: 18th, Feb. 2020
ANNEX 1
PRE-ADVISE VIA SWIFT DLC MT700 AGREED VERBIAGE
Instance Type and Transmission Original
-----------------------------------------------
Priority/ Delivery: URGENT Message Header
-----------------------------------------------
Swift Input: FIN 700 ISSUE OF DOCUMENTARY LETTER OF CREDIT
Sender:
Bank Name: ..
Swift code: .
RECEIVER:
Bank NAME:
Swift code:.
Message Text:
-----------------------------------------------
27: Sequence of Total 1/1
40A: Form of Documentary Credit IRREVOCABLE
20: Documentary Credit Number XXXXXXXXXXXXXXXXXX
31C: Date of Issue Date:...Month.. Year 2020
40E: Applicable Rules UCP LATEST VERSION
31D: Date and Place of Expiry Date:..Month...2021
51D: Applicant Bank-BIC
Bank Name:.
50: Applicant:
59: Beneficiary-Address .
32B: Currency Code, USD,
Amount US DOLLAR (USD) ..000.
41 D: Available With.. By・ Name & Address ISSUING BANK BY PAYMENT OR
ANY BANK BY NEGOTIATION
43P: Partial Shipments ALLOWED
43T: Trans-shipment ALLOWED
42C: Draft at….
AT SIGHT DRAWN ON ……………………., ……………………………..
42D: Drawee-UIC
Bank Name:……………….., ………………………………
44C: Latest Date of Shipment:
15 DAYS PRIOR TO EXPIRY
هي احسن وافضل
MT 103/TT
PAYMENT TERMS:
BY TRANSFERABLE DLC MT700 SPECIMEN TEXT OF STANDBY LETTER OF
CREDIT: as per DL/C MT 700 text draft as indicated on the index 01 below of this contract last page to be opened by Buyer before seller export gold to the buyers destination
.
OBLIGATIONS OF BUYER
Buyer shall first send the buyers bank comfort Letter (BCL) before buyer opens an operative letter of credit (DLC) to the Sellers Nominated financiers bank account, then after sellers nominated bank confirms the opened DLC then sellers financier bank shall issue the buyers bank, then shall export/Ship the goods to the buyers destination.
Buyer undertakes that the COMMODITY remains the property of Seller's or Seller's Designated Entity until Seller has received full payment of the price quoted under Clause 3 of this SPA. Buyer will pay for the custom fees, import taxes and the assay fees at the Buyers refinery/ country, including buyer will be responsible to pay all cost of securing and transporting the whole gold cargo from the buyers destined airport to the Buyer's Refinery.
Buyer's Refinery location must be acceptable to Seller.
Buyer confirms to have the COMMODITY assayed at its expense by its Designated Refinery.
Buyer confirms that Seller is to witness smelting of the COMMODITY for verification of purity at the buyers destination.
Buyer agrees to inform Seller continuously about the location of the COMMODITY and the state of its processing.
Month to 1,500kgs on wards, depending on buyers Purchasing capacity.
Origin: Tanzania.
Loading port: Nairobi International airport in Kenya East Africa.
Destination port: Any buyers Airport:
Price is USD ($): 38,000 Price per Kilogram on this current gold extraction.
Packing: In special safe boxes placed in the safety security containers.
Purity: percentage from 96.91%.(22(K)Karats)
Assay: Assay to be made by refinery and value will be accepted by both Buyer and Seller.
Product History: Clean, clear, not liens, and non criminal origin. Hallmark: None
With Regards,
Suresh Babu C K
Director
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