60934tige
08-04-2008, 01:42 PM
please take a look at this contract buyer is asking for fee's is that procedure in importing to Benin - third paragraph down mark in red thank you
CONTRACT
THE SELLER AGREES TO SELL and THE BUYER AGREES TO BUY THE UNDERMENTIONED GOODS ON THE TERMS AND CONDITIONS STATED BELOW: NOW IT IS AGREED AS FOLLOWS:
ARTICULES 1: GENERAL PRINCIPLES:
1.1. [edit: name removed] is the legal and the only seller.
1.2. This Contract is the only valid principle for supply. Any other discussion documents are invalid. The document is in English language only.
ARTICULES 2: SIGNING OF CONTRACT/REGISTRATION:
This contract agreement is signed BY FAX OR BY E-MAIL ATTACHED MAKE BY FILE ARCROBAT/ FILE JPG ENCLOSED between the BUYER and the SELLER on Date: -------, 2008 The seller we Obtain all the required Documents with US$ 8500 / (Fees for to Received Contract to the authority for the signing of the Contract Agreement from the Ministry for Contact Signing/Legalization and Approval of 70% TT payment for the first shipment of the goods/ Products Registration and company registration US$ 3850/ To Obtain the Certificate of Products Registration and company Registration from Ministry in Benin)
ARTICLE 3: SCOPE OF SUPPLY
3.1. Name of goods:
3.2. Quantity: 1)
2)
3.3 Quality:
(Standard International Third ------------ Proforma Invoice sent to the Buyer date).
3.4 Packing: In International packing boxes.
All logo labelling shall be made according to the company’s logo,
Authorized by the supplier.
3.5 Unit price:
3.6 Total value: US$ 44 000 000 MILLION DOLLARS Say FOR THE SUPPLY OF 50000 MTS OF THAILAND WHITE LONG RICE 25% BROKEN (only)
3.7 Term of delivery: CIF COTONOU by Sear or by Air (Incoterm 2000)
ARTICLE 4: INSPECTION OF THE GOODS
4.1. The inspection must be standard (International Standard and Thailand standard)
4.2. The BUYER and the SELLER accepts inspections of the goods to be conducted by an authorized quality inspector of the Thailand SGS At the port of loading, any expenses for inspection shall be the responsibility of the SELLER.
ARTICLE 5: SUPERVISION OF SELLER
The quality confirmation should be only one & final decision by ------------------ SPECTION BUREAU. And the quality confirmation documents should be signed by the authorized quality inspector too.
ARTICLE 6: DOCUMENTARY REQUIREMENTS:
6.1. The SELLER shall furnish at the time of shipment all relevant documents such as explanation of analysis, general manufacturers practice (GMP) and certificate of origin.
6.2. For the shipment, the following shipping documents shall be required: Commercial invoice: 03 Originals. Bill of lading: 3/3 Originals, copy of export license: 01 Copy and packing list: 03 Originals.
ARTICLE 7: CHARGES / TAXES:
All taxes and duties been paid at the port of Loading should be the SELLER’S responsibility And all taxes and duties during the period port of Discharge is the BUYER responsibility.
ARTICLE 8: TERMS AND SCHEDULE OF PAYMENT:
8.1. The Buyer shall open in favour of Seller an irrevocable Letter of Credit (L/C) at sight in
United State Dollar for full 100% total amount of the contract to be confirmed by the
Seller’s bank:
ACC. No:
(70% by T/T Advance and 30% by L/C and not apart from this Contract Supply).
8.2. According to the Conditions as follows:
The BUYER shall remit 70% of the total sum of Contract as PAYMENT IN
ADVANCE by T/T (telegraphic transfer) in SELLER’S bank account within
48hours after the contract signing and legalization.
8.3. The remain 30% of the total amount shall be payment by confirmed Irrevocable L/C
At Sight. The issuing bank s is E-COBANK BENIN.
8.4. All the bank transferring Charges of T/T and L/C issued should be bond by the
Supplier/ purchaser.
BANK OF THE BUYER Or PAYMENT BANK :.............( Pls fill Name your bank).....................
ADD. ..........................................???????. ......................................
ACC No. ................................????????.......... ...............................
SWIFT CODE..........................
BANK OF THE SELLER: ===========================,
ADD.:
ACC . No:
SWIFT CODE:
ARTICLE 9. TIME AND SHIPMENT
9.1 The first shipment is within 4 months after the Seller’s receipt 70% payment in advance of 18 month’s contract supply worth of US$ XXXXXXXX DOLLARS upward for which should be supplied to Societe Safroma Benin Sarl.
9.2 The second shipment is within 3 months after the first shipment.
9.3 The third shipment is within 5 months after the second shipment.
9.4 The last shipment is within 6 months after the third shipment and the goods will be loaded within 15 working days after the SELLER receipt of Irrevocable l/C at sight for 30% remain total amount and to be confirmed by the Bank of seller.
ARTICLE 10: TERMS OF SHIPMENT
10.1 The carrying vessel shall be provided by the SELLER, partial shipment, transhipment and container transportation are allowed.
10.2 Shipment should be 10% more or less at SELLER’S OPTION.
10.3 After loading is completed, the SELLER shall notify the BUYER by fax, the contract number, description of commodity quantity name of the carrying vessel and date of shipment.
ARTICLE 11: POST PONEMENT OR ABANDONMENT OF SUPPLY.
11.1 If the seller post pone or abandon the supply, the SELLER should hand back the redundant payment to the BUYER. And the SELLER should compensate for the BUYER’S expenses.
11.2 If the BUYER postpone or abandon the supply, the SELLER should not hand back the redundant payment to the BUYER.
ARTICLE 12: CIRCUMVENTION:
12.1 Without the written consent of the BUYER, the SELLER shall not ordinarily cancel, transfer or assign this contract to any other individual company or subcontractor other than Societe Safroma Benin Sarl, This contract is strictly between the SELLER and the BUYER.
12.2 This contract may be cancelled only by giving prior notice with reason for the cancellation to the other party at least two weeks before the cancellation takes place.
ARTICLE 13 : FORCE MAJEURE:
Neither party shall be held responsible for failure or delay to perform all or any party of this contract due to flood, fire, earthquake, snowstorm, hailstorm, hurricane, war, government prohibition or any other event that are unforeseeable at the time of the execution of this contract and could not be controlled, avoid or overcome by such party. However, the party whose performance is affected by the event of force Majeure shall
give a notice to the other party of its occurrence as soon as possible and a certificate or document of the occurrence of the Force Majeure event issued by the relative authority or a natural independent third party shall be sent to the other party by airmail not later than 15 days after its occurrence.
13.1 Both parties do hereby agree and accept the international provision for Force Majeure as defined by I.C.C in Geneva, Switzerland.
ARTICLE 14: ARBITRATION.
All disputes arising from the performance of this contract should be settling through friendly negotiation. Should no settlement be reached through negotiation, the case shall be submitted for arbitration in the country where the defendant resides. If the arbitration takes place in Thailand, the case shall be submitted to the Foreign Trade Arbitration Commission of the Thailand Council for the promotion of International trade, Thailand, and the Arbitration rules of this Commission shall be applied. If the Arbitration take place in Benin, the case shall be submitted to the foreign trade arbitration commission of the promotion of International trade Cotonou Benin Republic and the arbitration rules of this arbitration organization shall be applied. The arbitration shall be final and binding both parties. The arbitration fee shall be borne by losing party unless otherwise awarded by the arbitration Organization.
ARTICLE 15: LANGUAGE.
The English language is accepted as a convenient language to be used in this contract.
ARTICLE 16: INCOTERM 2000
Unless otherwise stipulated in this contract, the terms and conditions of this contract shall be interpreted in accordance with international Rules for Interpretation of Trade Terms(INCOTERMS 2000) provided by International Chamber of Commerce.
ARTICLE 17: COMING INTO FORCE:
These contracts have been studied, understand and accepted by both the BUYER and the SELLER and here under sign it into effect.
ARTICLE 18: CONTRACT SIGNATORIES:
In witness thereof the parties declare their willingness to abide with the term, condition and provision of this contract and hereunder put our signatures and names on ------August, 2008 as evidence.
CONTRACT
THE SELLER AGREES TO SELL and THE BUYER AGREES TO BUY THE UNDERMENTIONED GOODS ON THE TERMS AND CONDITIONS STATED BELOW: NOW IT IS AGREED AS FOLLOWS:
ARTICULES 1: GENERAL PRINCIPLES:
1.1. [edit: name removed] is the legal and the only seller.
1.2. This Contract is the only valid principle for supply. Any other discussion documents are invalid. The document is in English language only.
ARTICULES 2: SIGNING OF CONTRACT/REGISTRATION:
This contract agreement is signed BY FAX OR BY E-MAIL ATTACHED MAKE BY FILE ARCROBAT/ FILE JPG ENCLOSED between the BUYER and the SELLER on Date: -------, 2008 The seller we Obtain all the required Documents with US$ 8500 / (Fees for to Received Contract to the authority for the signing of the Contract Agreement from the Ministry for Contact Signing/Legalization and Approval of 70% TT payment for the first shipment of the goods/ Products Registration and company registration US$ 3850/ To Obtain the Certificate of Products Registration and company Registration from Ministry in Benin)
ARTICLE 3: SCOPE OF SUPPLY
3.1. Name of goods:
3.2. Quantity: 1)
2)
3.3 Quality:
(Standard International Third ------------ Proforma Invoice sent to the Buyer date).
3.4 Packing: In International packing boxes.
All logo labelling shall be made according to the company’s logo,
Authorized by the supplier.
3.5 Unit price:
3.6 Total value: US$ 44 000 000 MILLION DOLLARS Say FOR THE SUPPLY OF 50000 MTS OF THAILAND WHITE LONG RICE 25% BROKEN (only)
3.7 Term of delivery: CIF COTONOU by Sear or by Air (Incoterm 2000)
ARTICLE 4: INSPECTION OF THE GOODS
4.1. The inspection must be standard (International Standard and Thailand standard)
4.2. The BUYER and the SELLER accepts inspections of the goods to be conducted by an authorized quality inspector of the Thailand SGS At the port of loading, any expenses for inspection shall be the responsibility of the SELLER.
ARTICLE 5: SUPERVISION OF SELLER
The quality confirmation should be only one & final decision by ------------------ SPECTION BUREAU. And the quality confirmation documents should be signed by the authorized quality inspector too.
ARTICLE 6: DOCUMENTARY REQUIREMENTS:
6.1. The SELLER shall furnish at the time of shipment all relevant documents such as explanation of analysis, general manufacturers practice (GMP) and certificate of origin.
6.2. For the shipment, the following shipping documents shall be required: Commercial invoice: 03 Originals. Bill of lading: 3/3 Originals, copy of export license: 01 Copy and packing list: 03 Originals.
ARTICLE 7: CHARGES / TAXES:
All taxes and duties been paid at the port of Loading should be the SELLER’S responsibility And all taxes and duties during the period port of Discharge is the BUYER responsibility.
ARTICLE 8: TERMS AND SCHEDULE OF PAYMENT:
8.1. The Buyer shall open in favour of Seller an irrevocable Letter of Credit (L/C) at sight in
United State Dollar for full 100% total amount of the contract to be confirmed by the
Seller’s bank:
ACC. No:
(70% by T/T Advance and 30% by L/C and not apart from this Contract Supply).
8.2. According to the Conditions as follows:
The BUYER shall remit 70% of the total sum of Contract as PAYMENT IN
ADVANCE by T/T (telegraphic transfer) in SELLER’S bank account within
48hours after the contract signing and legalization.
8.3. The remain 30% of the total amount shall be payment by confirmed Irrevocable L/C
At Sight. The issuing bank s is E-COBANK BENIN.
8.4. All the bank transferring Charges of T/T and L/C issued should be bond by the
Supplier/ purchaser.
BANK OF THE BUYER Or PAYMENT BANK :.............( Pls fill Name your bank).....................
ADD. ..........................................???????. ......................................
ACC No. ................................????????.......... ...............................
SWIFT CODE..........................
BANK OF THE SELLER: ===========================,
ADD.:
ACC . No:
SWIFT CODE:
ARTICLE 9. TIME AND SHIPMENT
9.1 The first shipment is within 4 months after the Seller’s receipt 70% payment in advance of 18 month’s contract supply worth of US$ XXXXXXXX DOLLARS upward for which should be supplied to Societe Safroma Benin Sarl.
9.2 The second shipment is within 3 months after the first shipment.
9.3 The third shipment is within 5 months after the second shipment.
9.4 The last shipment is within 6 months after the third shipment and the goods will be loaded within 15 working days after the SELLER receipt of Irrevocable l/C at sight for 30% remain total amount and to be confirmed by the Bank of seller.
ARTICLE 10: TERMS OF SHIPMENT
10.1 The carrying vessel shall be provided by the SELLER, partial shipment, transhipment and container transportation are allowed.
10.2 Shipment should be 10% more or less at SELLER’S OPTION.
10.3 After loading is completed, the SELLER shall notify the BUYER by fax, the contract number, description of commodity quantity name of the carrying vessel and date of shipment.
ARTICLE 11: POST PONEMENT OR ABANDONMENT OF SUPPLY.
11.1 If the seller post pone or abandon the supply, the SELLER should hand back the redundant payment to the BUYER. And the SELLER should compensate for the BUYER’S expenses.
11.2 If the BUYER postpone or abandon the supply, the SELLER should not hand back the redundant payment to the BUYER.
ARTICLE 12: CIRCUMVENTION:
12.1 Without the written consent of the BUYER, the SELLER shall not ordinarily cancel, transfer or assign this contract to any other individual company or subcontractor other than Societe Safroma Benin Sarl, This contract is strictly between the SELLER and the BUYER.
12.2 This contract may be cancelled only by giving prior notice with reason for the cancellation to the other party at least two weeks before the cancellation takes place.
ARTICLE 13 : FORCE MAJEURE:
Neither party shall be held responsible for failure or delay to perform all or any party of this contract due to flood, fire, earthquake, snowstorm, hailstorm, hurricane, war, government prohibition or any other event that are unforeseeable at the time of the execution of this contract and could not be controlled, avoid or overcome by such party. However, the party whose performance is affected by the event of force Majeure shall
give a notice to the other party of its occurrence as soon as possible and a certificate or document of the occurrence of the Force Majeure event issued by the relative authority or a natural independent third party shall be sent to the other party by airmail not later than 15 days after its occurrence.
13.1 Both parties do hereby agree and accept the international provision for Force Majeure as defined by I.C.C in Geneva, Switzerland.
ARTICLE 14: ARBITRATION.
All disputes arising from the performance of this contract should be settling through friendly negotiation. Should no settlement be reached through negotiation, the case shall be submitted for arbitration in the country where the defendant resides. If the arbitration takes place in Thailand, the case shall be submitted to the Foreign Trade Arbitration Commission of the Thailand Council for the promotion of International trade, Thailand, and the Arbitration rules of this Commission shall be applied. If the Arbitration take place in Benin, the case shall be submitted to the foreign trade arbitration commission of the promotion of International trade Cotonou Benin Republic and the arbitration rules of this arbitration organization shall be applied. The arbitration shall be final and binding both parties. The arbitration fee shall be borne by losing party unless otherwise awarded by the arbitration Organization.
ARTICLE 15: LANGUAGE.
The English language is accepted as a convenient language to be used in this contract.
ARTICLE 16: INCOTERM 2000
Unless otherwise stipulated in this contract, the terms and conditions of this contract shall be interpreted in accordance with international Rules for Interpretation of Trade Terms(INCOTERMS 2000) provided by International Chamber of Commerce.
ARTICLE 17: COMING INTO FORCE:
These contracts have been studied, understand and accepted by both the BUYER and the SELLER and here under sign it into effect.
ARTICLE 18: CONTRACT SIGNATORIES:
In witness thereof the parties declare their willingness to abide with the term, condition and provision of this contract and hereunder put our signatures and names on ------August, 2008 as evidence.