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Sales and Purchase Agreement for Mazut

This document outlines a sales and purchase agreement between a buyer and seller company for the purchase of 100,000 metric tons of mazut 100 fuel. Key details include a spot purchase for the initial trial lift with an option for 500,000 metric tons over 12 months, payment terms of 100% upfront via bank transfer, delivery within 7-15 days of payment, and specifications for product quality and origin from Russia. The agreement also specifies terms for inspection, packaging, pricing, documentation, delivery ports, insurance, and responsibilities of each party.

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jrcuriel
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0% found this document useful (0 votes)
780 views49 pages

Sales and Purchase Agreement for Mazut

This document outlines a sales and purchase agreement between a buyer and seller company for the purchase of 100,000 metric tons of mazut 100 fuel. Key details include a spot purchase for the initial trial lift with an option for 500,000 metric tons over 12 months, payment terms of 100% upfront via bank transfer, delivery within 7-15 days of payment, and specifications for product quality and origin from Russia. The agreement also specifies terms for inspection, packaging, pricing, documentation, delivery ports, insurance, and responsibilities of each party.

Uploaded by

jrcuriel
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOC, PDF, TXT or read online on Scribd

CONTRACT CODE:

BUYER CODE:

SELLER CODE:

SALES AND PURCHASE AGREEMENT


THIS AGREEMENT MADE ON xxTH THIS DAY OF MAY, 2015

Between

HEREINAFTER REFERRED TO AS THE SELLER:

COMPANY NAME:

ADDRESS:
CONTRACT CODE:

BUYER CODE:

SELLER CODE:

TELEPHONE NO.:

E – MAIL ADDRESS:

REPRESENTED BY:

TITLE:

AND

HEREINAFTER REFERRED TO AS THE BUYER:


CONTRACT CODE:

BUYER CODE:

SELLER CODE:

COMPANY NAME:

ADDRESS:

TELEPHONE NO.:

E – MAIL ADDRESS:

REPRESENTED BY:
CONTRACT CODE:

BUYER CODE:

SELLER CODE:

WHEREAS:

SELLER AND BUYER, EACH WITH FULL CORPORATE AUTHORITY, CERTIFIES, REPRESENTS AND WARRANTS THAT EACH CAN
FULFILL THE REQUIREMENTS OF THIS AGREEMENT AND RESPECTIVELY PROVIDE THE PRODUCTS AND THE FUNDS REFERRED
TO HEREIN, IN TIME AND UNDER THE TERMS AGREED TOHEREAFTER; AND

WHEREAS:

THE SELLER & BUYER HEREBY AGREE AND MAKE AN IRREVOCABLE FIRM CONTRACT TO SALE/BUY MAZUT 100 GOST–10585-
75 ON CIF TERMS THE CONTRACT IS VALID FOR SPOT, EXTENDABLE WITIH OPTION OF POSSIBLE ROLLOVERS

WHEREAS:
CONTRACT CODE:

BUYER CODE:

SELLER CODE:

SELLER AND BUYER BOTH AGREE TO EXECUTE AND FINALIZE THIS CONTRACT UNDER THE TERMS AND CONDITIONS
HEREINAFTER SET FORTH:

NOW THEREFORE:

IN CONSIDERATION OF THE MUTUAL PROMISES, AGREEMENTS, TERMS & CONDITIONS OF THIS AGREEMENT, ASSERTIONS AND
COVENANTS HEREIN AND OTHER GOOD AND VALUABLE CONSIDERATIONS, THE RECEIPTS OF WHICH IS ACKNOWLEDGED
HEREBY, THE PARTIES HERE TO MUTUALLY AND VOLUNTARILY AGREE AS FOLLOWS:

TERMS AND CONDITIONS:


CONTRACT CODE:

BUYER CODE:

SELLER CODE:

BOTH SELLER AND BUYER ARE KNOWLEDGEABLE AND AWARE OF INTERNATIONAL LAWS, THE RULES OF INDUSTRY,
INTERNATIONAL JOINT VENTURE PURPOSE, BANKING PROTOCOL & SENSITIVITIES, NONCIRCUMVENTION & NON-
DISCLOSURE, GOVERNMENTS RULES AND REGULATIONS AND FULLY AGREE TO RESPECT, HONOR, ADHERED TO AND COMPLIED
WITH, IN ALL RESPECT AND FORMS WITH FULL CORPORATE AND PERSONAL RESPONSIBILITY UNDER PENALTY OF PERJURY.

CLAUSE 01 – RELATION

THE BASE OF THIS CONTRACT IS A BUSINESS DEAL BETWEEN BOTH COMPANIES IN ORDER TO ACQUIRE xxxx AT CIF UNDER
THE TERMS AND CONDITIONS HEREINAFTER DESCRIBED AND SETTLED.

CLAUSE 02 – PRODUCT
CONTRACT CODE:

BUYER CODE:

SELLER CODE:

COMMODITIES UNDER SALE:


CLAUSE 03. Hereinafter jointly referred to as the “Goods”

CLAUSE 04 COUNTRY OF ORIGIN: RUSSIAN

CLAUSE 05 – INSPECTION

FINAL INSPECTION AT PORT OF DISCHARGE BY SGS OR CIQ FOR QUALITY, QUANTITY, PHOTO FULLY AT BUYER’S EXPENSE.
LOAD PORT INSPECTION BY SGS AT SELLER’S EXPENSE.
CONTRACT CODE:

BUYER CODE:

SELLER CODE:

IF THE SGS ANALYSIS OF THE PRODUCT WHEN DOWNLOADING DEMOSTRATES THAT THE PRODUCT DOES NOT CORRESPOND
WITH THE SGS ANALYSIS WHEN LOADING A SHIPMENT OF xxx IT IS CAUSE ENOUGH TO RETURN THE SHIPMENT AND DEMAND
THE DEVOLUTION OF THE PAYMENT.

CLAUSE 06 – DESTINATION / PRODUCT DISCHARGE / SHIPMENT / CARGO

DESTINATION PORT SHALL BE CIF/ xxx THE BASIS OF SHIPMENT SHALL BE VESSELS MONTHLY UNTIL FINAL OF DELIVERY. THE
SHIPMENTS SHALL BE DONE IN CIF 7-15 DAYS (+/-3 LABOUR DAYS) DAYS AFTER RECEIPT AND CONFIRMING BY SELLER´S
FINANCIER BANK ISSUED BY BUYER’S BANK).

THE DATE OF BILL OF LADING SHALL BE CONSIDERED AS THE DATE OF SHIPMENT.


CONTRACT CODE:

BUYER CODE:

SELLER CODE:

CLAUSE 07– DELIVERED QUANTITY

THE TOTAL AND FINAL QUANTITY OF SHIPMENT / LOAD SHALL BE DETERMINED BY THE CERTIFICATIONS OF WEIGHT ISSUED
BY THE INSPECTION SGS AUTHORITY. ORIGINAL INSPECTION & LOADING DOCUMENTS ARE DEEMED FINAL.

IF DISCREPANCIES SHOULD AT ANY TIME AND IN PARTICULAR CASE RESULT IN RELATION TO THE INSPECTION
CERTIFICATE(S) ISSUED AT THE PORT / DOCKS OF LOADING AND DESTINATION, IT IS HEREBY AGREED THAT ARBITRATION
SHALL BE EMPLOYED TO DETERMINE THE APPROPRIATE JUDGMENT. BOTH PARTIES AGREE TO BE BOUND BY THE
ARBITRATOR’S DECISION FOR OR AGAINST EITHER BUYER OR SELLER.

CLAUSE 08 -LOADING/DESTINATION PORTS


CONTRACT CODE:

BUYER CODE:

SELLER CODE:

LOADING PORT:

RUSSIAN FEDERATION / VLADIVOSTOK SEA PORT

DESTINATION PORT CIF: BUYER OPTION/ xxx

CLAUSE 09 – LANGUAGE USED

THE ENGLISH LANGUAGE SHALL BE USED.

CLAUSE 10 – PACKING

BULK/TANKER
CONTRACT CODE:

BUYER CODE:

SELLER CODE:

CLAUSE 11 – PRICE PER METRIC TON

USDxxx$/MT

Commission: $10.00 MT split $5Seller side and $5Buyer side

CLAUSE 12 – QUANTITY:

100.000MT FIRST TRIAL LIFTABLE SPOT

AND 500.000.00MT FOR 12 MONTHS SHIPMENTS

CLAUSE 13 – PERFORMANCE BOND: 2% BY SELLER FOR 13 MONTH CONTRACT ONLY


CONTRACT CODE:

BUYER CODE:

SELLER CODE:

CLAUSE 14– INSURANCE: CARGO INSURANCE 110% BY SELLER

CLAUSE 15 – SPECIFICATIONS

SPECIFICATIONS, QUALITY AND STANDARD: xxxx

PRODUCT SPECIFICATION / RUSSIAN ORIGIN

CLAUSE 16 – PAYMENT TERMS

TRANSACTION PROCEDURES: 100% Non-Negotiable


CONTRACT CODE:

BUYER CODE:

SELLER CODE:

BANK OPERATIONAL PROCEDURE (100% NOT NEGOTIABLE )

1. Buyer issue ICPO + NCNDA/IMPFA+ Company Profile to:

2. Seller issue SPA with draft MT799 for approval by Buyer and issue assurance letter to Seller

via email that they are willing and ready to send Operative POF Via swift MT799 of the first

shipment value upon receive copy of POP documents as stated below within 96hrs. If Buyer

fails Seller reversed the right to impose the damages cost of 69,999USD on Buyer and
CONTRACT CODE:

BUYER CODE:

SELLER CODE:

Buyer agreed to remit this amount within 48hrs to enable Seller extent the product

allocation for buyer.

3. Seller send to Buyer official Email address directly copy of Partial POP Including

Copy of Export/license permit certificate

Copy of Statement/Commitment of Availability of the product

Copy of Certificate of origin


CONTRACT CODE:

BUYER CODE:

SELLER CODE:

Copy of Certificate of Analysis of Product by Lab

Copy of Commercial Invoice with Bank details to receive the POF outside Russia

Copy of Refinery affidavit letter

4. Buyer issue POF via swift MT799 to Seller sister specialist/Financier company bank

account Outside Russia and send to Seller copy of the issued swift MT799.

5. Seller Obtain POF Verification Result and move product from Storage facility to loading Port and
CONTRACT CODE:

BUYER CODE:

SELLER CODE:

issue Dip Test Authorization Letter(DTA), Fresh SGS, Tank receipt, Transaction passport

On FOB basis:

6.Buyer conduct dip test on the product at port and Seller Transfer product to Buyer farm tank or Ship all title
ownership documents to buyer via bank to bank.

Buyer make payment via T/T to Seller Bank account for liftable quantity.

On CIF basis:

7.Seller start loading and issue shipping documents and title ownership documents to buyer and
CONTRACT CODE:

BUYER CODE:

SELLER CODE:

Buyer contact the captain onboard to confirm the estimated time of arrival (ETA) and current of the said vessel.

Upon arrival of the vessel at discharge port after SGS or CIQ conducted at discharge port then Buyer

make payment via T/T to Seller bank account for cargo quantity

8.Seller Pay Commission to all Parties against IMFPA agreement.

FOR MONTLY DELIVERY:

9.Seller Open 2% PB for 12 Months deliveries shipment and Buyer Open RDLC to seller for 12 Months shipment.
CONTRACT CODE:

BUYER CODE:

SELLER CODE:

10.Delivery Commences as Per Contract and Buyer release payment to seller bank after inspection at

discharge port 100% payable for each shipment within 7 banking days upon the cargo passed SGS or

CIQ and receipt of all the relevant payment documents for cargo at discharge port.

11.Seller Pay Commission to all Parties against IMFPA agreement.

CLAUSE 17 – CONTRACT PERIOD:

SPOT DEAL AND CONTRACT FOR 12 MONTHS ONLY


CONTRACT CODE:

BUYER CODE:

SELLER CODE:

(By mutual agreement between the buyer and seller may increase the quantity of DELIVERY)

CLAUSE 18 – DELIVERY TERMS: FIRST SHIPMENT TO REACH DISCHARGE PORT WITHIN CIF 7-15 DAYS LABOUR DAYS AFTER
RECEIVING THE CONFIRMED PAYMENT OPERATIVE TRANSFERABLE MT799 IN OUR SISTER FINANCIER BANK ACCT.

CLAUSE 19– PROOF OF PRODUCT (POP)/PRODUCT DOCUMENTATION PER VESSEL

A. 3/3 SET OF BILL OF LADING, “CLEAN ON BOARD” AND MARKED “FREIGHT PREPAID” (3 ORIGINALS + 3

COPIES).

B. CERTIFICATE OF WEIGHT, QUANTITY AND QUALITY ISSUED BY SGS INSPECTION ON BUYER’S CHOICE.
CONTRACT CODE:

BUYER CODE:

SELLER CODE:

C. CERTIFICATE OF ORIGIN, ISSUED BY THE CHAMBER OF COMMERCE.

D. ALL ADDITIONALLY REQUIRED CERTIFICATES TO BE ISSUED BY SGS.

E. INSPECTION CERTIFICATE FOR THE VESSEL / TRANSPORT VEHICLE

F. SIGNED COMMERCIAL INVOICE ISSUED BY SELLER

G. FULL SET OF INSSURANCE POLICY FOR THE 110% OF CARGO COST ISSUED TO BUYER’S BANK FAVOUR.

H. LICENSE OF THE FIRM AND FORM A, REFINERY COMMITMENT OF SUPPLY, TANK RECEIPT, Q88, AFFIDAVIT FROM MINISTRY
TRANSACTION PASSPORT, STATEMENT OF AVAILABILITY OF PRODUCT, TRANSPORTATION CONTRACT AGREEMENT, SHIPMENT
SCHEDULE, DTA, PACKING LIST
CONTRACT CODE:

BUYER CODE:

SELLER CODE:

CLAUSE 20 – DEMURRAGE

AT THE LOADING PORT IT IS ON SELLER’S ACCOUNT. AT THE DISCHARGING PORT IT IS ON BUYER’S ACCOUNT.

CLAUSE 21 – IMPORT FACILITIES, DOCUMENTS, TAXES AND FEES

ALL TAXES OR LEVIES IMPOSED BY THE COUNTRY OF DESTINATION HAVING ANY EFFECT ON THIS CONTRACT ARE ON THE
BUYER’S ACCOUNT AND HIS SOLE RESPONSIBILITY. BUYER MUST HAVE ALL IMPORT PERMISSIONS AND PERMITS IN WRITING,
AND COPY SENT TO SELLER AND THE BUYER BEARS THE SOLE RESPONSIBILITY OF SECURING ALL PERMITS, LICENSES OR ANY
OTHER DOCUMENTS REQUIRED BY THE GOVERNMENT OF THE IMPORTING NATION.

SELLER WILL BEAR NO RESPONSIBILITY TO PROVIDE SUCH DOCUMENTATION. BUYER WILL BEAR ALL COSTS
CONTRACT CODE:

BUYER CODE:

SELLER CODE:

ASSOCIATED WITH SECURING SUCH DOCUMENTS AND WILL ALSO BEAR ALL COSTS AND PENALITIES IF SUCH

DOCUMENTS ARE NOT SECURED.

CLAUSE 22 – FORCE MAJEURE

NEITHER PARTY TO THIS CONTRACT SHALL BE HELD RESPONSIBLE FOR BREACH OF CONTRACT CAUSED BY AN ACT OF GOD,
INSURRECTION, CIVIL WAR, WAR, MILITARY OPERATION OR LOCAL EMERGENCY.

THE PARTIES DO HEREBY ACCEPT THE INTERNATIONAL PROVISION OF “FORCE MAJEURE” AS PUBLISHED BY THE
INTERNATIONAL CHAMBER OF COMMERCE, GENEVA, SWITZERLAND, AND AS DEFINED BY I.C.C. RULES UNIFORM CUSTOMS AND
PRACTICE.
CONTRACT CODE:

BUYER CODE:

SELLER CODE:

CLAUSE 23– DISPUTES AND ARBITRATION

THE PARTIES HEREBY AGREE TO SETTLE ALL DISPUTES AMICABLY. IF SETTLEMENT IS NOT REACHED, THE DISPUTE IN
QUESTION SHALL BE SUBMITTED AND SETTLED BY ARBITRATION AT THE I.C.C. HELD IN PARIS CITY BY ONE OR MORE
ARBITRATORS APPOINTED IN ACCORDANCE WITH SAID RULES.

A. THE CONTRACT IS SUBJECT TO I.C.C. RULES AND LAWS OF CHAMBER OF COMMERCE PARIS.

B. THE SELLER AND BUYER WILL TRY TO SETTLE ALL DISPUTES AMICABLY. EITHER PARTY MAY SERVE NOTICE ON THE OTHER
REQUIRING ANY DISPUTE TO BE SETTLED WITHIN 10 (TEN) DAYS AFTER SUCH NOTICE AND, IF NOT SETTLED TO REFER IT TO
ARBITRATION IN ACCORDANCE WITH THIS CONTRACT UNLESS BREECH OF PAYMENT OCCURS BY THE BUYER.
CONTRACT CODE:

BUYER CODE:

SELLER CODE:

C. THE ARBITRATION WILL BE HEARD BY ONE OR MORE ARBITRATORS APPOINTED MUTUAL AGREEMENT OF THE PARTIES AND
IN ACCORDANCE WITH THE RULES AND THE ARBITRATION ACT 1996. THE SEAT OF ARBITRATION SHALL BE IN CHAMBER OF
COMMERCE PARIS. THE AWARD SHALL BE ENFORCEABLE IN ANY COUNTRY.

CLAUSE 24 – AUTHORITY TO EXECUTE THIS CONTRACT

THE PARTIES TO THIS CONTRACT DECLARE THAT THEY HAVE FULL AUTHORITY TO EXECUTE THIS DOCUMENT AND
ACCORDINGLY TO BE FULLY BOUND BY THE TERMS AND CONDITIONS.

CLAUSE 25– EXECUTION OF THIS CONTRACT


CONTRACT CODE:

BUYER CODE:

SELLER CODE:

THIS CONTRACT MAY BE EXECUTED SIMULTANEOUSLY IN TWO OR MORE COUNTERPARTS VIA TELEX, E-MAIL OR FACSIMILE
TRANSMISSION, EACH OF WHICH SHALL BE DEEMED AS ORIGINALS AND LEGALLY BINDING.

CLAUSE 26 – GOVERNING LAW

THIS CONTRACT SHALL BE GOVERNED AND INTERPRETED IN ACCORDANCE WITH THE UNITED NATIONS CONVENTION ON
CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS, 1980 (CISG).

CLAUSE 27 – ASSIGNMENT

THIS AGREEMENT IS ASSIGNABLE BY THE SELLER OR LEGAL REPRESENTATIVE ONLY, WITH PRIOR INFORMATION AND
WRITTEN PERMISSION OF THE OTHER PARTY.
CONTRACT CODE:

BUYER CODE:

SELLER CODE:

CLAUSE 28 – PENALTY

IN CASE OF NON-ACCOMPLISHMENT CONTRACT EITHER FROM BUYER OR THE SELLER, THE 3% OF THE DIFFERENCE BETWEEN
THE TOTAL AMOUNT OF THE CONTRACT AND THE DELIVERED QUANTITY WILL BE CHARGED TO THE FAULTY COMPANY.

CLAUSE 29– NON-CIRCUMVENTION AND NON-DISCLOSURE

THE PARTIES ACCEPT AND AGREE TO THE PROVISIONS OF THE INTERNATIONAL CHAMBER OF COMMERCE, GENEVA,
SWITZERLAND FOR NON-CIRCUMVENTION AND NON-DISCLOSURE WITH REGARDS TO ALL AND EVERYONE OF THE PARTIES
INVOLVED IN THIS TRANSACTION AND CONTRACT, ADDITIONS, RENEWALS, AND THIRD PARTY ASSIGNMENTS, WITH FULL
RECIPROCATION FOR A PERIOD OF (1) ONE YEAR FROM THE DATE OF EXECUTION OF THIS CONTRACT.
CONTRACT CODE:

BUYER CODE:

SELLER CODE:

CLAUSE 30- CONTRACT VALIDITY

THE DRAFT CONTRACT IS VALID FOR FIVE DAYS.

WE, THE BUYERS ALSO CONFIRM THAT SAID FUNDS ARE GOOD CLEAN, CLEARED UNENCUMBERED,

LEGITIMATELY EARNED AND OF NON CRIMINAL ORIGIN.

ANY MATERIAL MIS REPRESENTATION BY THE BUYER SHALL MAKE THIS CONTRACT NULL AND VOID.

ANY CHANGES MADE IN THE CONTRACT THAT ARE NOT INITIALED WILL MAKE THE CONTRACT NULL AND VOID.

CLAUSE 31 – BANKING DETAILS


CONTRACT CODE:

BUYER CODE:

SELLER CODE:

BUYER’S BANKING INFORMATION:

ACCOUNT NAME:

BANK NAME:

BANK ADDRESS:

ACCOUNT NUMBER:

SWIFT CODE:

CURRENCY ACCOUNT:
CONTRACT CODE:

BUYER CODE:

SELLER CODE:

TELEPHONE:

FAX:

SELLER’S NOMINATED BANK: FOR T/T ONLY


Beneficiary Bank Name:

Bank Address;

Account Name: PROTON LLC


CONTRACT CODE:

BUYER CODE:

SELLER CODE:

Account No.:

Swift Code:

Telephone: Tel/Fax +

SELLER SISTER COMPANY (PARTNER) NOMINATED BANK:FOR MT799 (OUTSIDE RUSSIA)

BANK NAME:

BANK ADDRESS:
CONTRACT CODE:

BUYER CODE:

SELLER CODE:

ACCOUNT NAME :.

ACCOUNT NUMBER:

BANK AGENCY:

BANK OFFICER :

BANK TEL

CLAUSE 32 – Text format of POF VIA SWIFT MT799 (sample):


CONTRACT CODE:

BUYER CODE:

SELLER CODE:

WE HAVE PROVIDE FINANCIER COMPANY THAT WILL RECEIVE THE MT799 OUTSIDE RUSSIA

BANK NAME:

BANK ADDRESS:

ACCOUNT NAME :

ACCOUNT NUMBER:

BANK AGENCY:
CONTRACT CODE:

BUYER CODE:

SELLER CODE:

BANK OFFICER :

BANK TEL:+ -------------------------------------------SWIFT MESSAGE


TEXT------------------------------------------ VERBIAGE AS BELOW:APPENDIX NO. 2

APPENDIX NO. 2
Final Approved Verbiage for MT799 POF
This is to inform that we can only accept and verify Proof of fund based on this below verbiage/Text.
It must be 100% same as below otherwise it will be rejected if any change or amendment to below
CONTRACT CODE:

BUYER CODE:

SELLER CODE:

verbiage/Text.

APPENDIX I
 SENDER:
BANK:
ADDRESS:
SWIFT INPUT: MT-799 BLOCK FUNDS
CONTRACT CODE:

BUYER CODE:

SELLER CODE:

ACCOUNT NAME:
BENEFICIARY:
ACCOUNT NUMBER:
SWIFTBIC:
IBAN NUMBER:
BANKING OFFICER:
Email:

RECEIVER:
BANK NAME:
BANK ADDRESS:
CONTRACT CODE:

BUYER CODE:

SELLER CODE:

CCOUNT NAME :
ACCOUNT NUMBER:
BANK AGENCY:
BANK OFFICER :
BANK TEL:+
CURRENCY/AMOUNT: US DOLLARS/$XXXXXXX MILLION
-----------------------------------SWIFT MESSAGE
TRANSACTION CODE:
TRANSACTION REFERENECE:

WE, __________________________, REPRESENTED BY THE UNDERSIGNED OFFICERS,


HERBY CONFIRM, WITH FULL BANK RESPONSIBILITY AND LIABILITY ON BEHALF
CONTRACT CODE:

BUYER CODE:

SELLER CODE:

OF OUR ACCOUNT HOLDER MR ____________________ CASH FUNDS IN THE AMOUNT


OF LAWFUL ________ CURRENCY _______________ ($000,000,000.00) IN ACCOUNT
NUMBER ____________.

THE SAID FUNDS ARE RESERVED AND BLOCKED IN FAVOUR OF xxxxxx.) AND ASSIGN
AND WILL NOT BE CHANGED, ALTERED, AMENDED OR PLEDGED FROM THE DATE OF THIS
TRANSMISSION.

WE HEREBY IRREVOCABLY CONFIRM THAT THESE FUNDS PRESENTED TO BE GOOD, CLEAN AND
CLEAR FUNDS AND FREE OF NON-CRIMINAL ORIGIN AND LEGALLY EARNED. THESE FUNDS ARE
FREE FROM ANY LIENS AND ENCUMBRANCES OF ANY KIND AND ARE FREELY AVAILABLE TO
THE BENEFICIARY NAMED HEREIN.
CONTRACT CODE:

BUYER CODE:

SELLER CODE:

THIS SWIFT MT-799 FOR __________ CURRENCY XXXXX MILLION ____ (00,000,000.00)
IN ACCOUNT NUMBER _________IS AN OPERATIVE, FULLY CONFIRMED,
TRANSFERABLE, DIVISIBLE AND MAY BE VERIFIED ON A BANK-TO-BANK BASIS.

THIS AN OPERATIVE INSTRUMENT VERIFIABLE BY RESPONSIBLE BANK INQUIRY AND IS


CALLABLE, FULLY ASSIGNABLE, TRANSFERABLE, AND DIVISIBLE IN ACCORDANCE
WITH THE UNIFORM CUSTOMS AND PRACTICE FOR SUCH CREDIT INSTRUMENTS AS
PUBLISHED BY THE I.C.C. PUBLICATION PARIS (LATEST
REVISION) AND GOVERNED BY THE LAWS OF SWITZERLAND.

DATE RECORDED: (INSERT DATE)


CONTRACT CODE:

BUYER CODE:

SELLER CODE:

FOR AND ON BEHALF OF:


[Issuer Bank – with full address],

____________________________ ____________________________

BANK OFFICER NAME BANK OFFICER NAME

ISSUER BANK ISSUER BANK


CONTRACT CODE:

BUYER CODE:

SELLER CODE:

DESIGNATION DESIGNATION

OFFICER CODE OFFICER CODE

OFFICER CODE OFFICER CODE

CLAUSE 33 –Text format of Performance Bond (sample):

MUST BE APPROVED BY THE BANK OFFICERS OF BOTH PARTIES AND MUST BE IN ACCORDANCE WITH
THE TERMS AND CONDITIONS IN THE CONTRACT, THE FOLLOWING TEXT AS REFERENCE:

WE HAVE BEEN INFORMED THAT OUR CUSTOMER________, HEREINAFTER CALLED THE SELLER AND
CONTRACT CODE:

BUYER CODE:

SELLER CODE:

YOUR CLIENT ________, HEREINAFTER CALLED THE BUYER HAVE ENTERED INTO A CONTRACT NO. /
PURCHASE ORDER NO. _____________ ON SALES AND PURCHASE CONTRACT FOR WE THE TOTAL VALUE
OF USD (THE CONTRACT).
WE ALSO UNDERSTAND THAT IT HAS BEEN AGREED BETWEEN YOU AND THE SELLER THAT THE LATER
HAS TO PROVIDE A BANK GUARANTEE IN FAVOR OF _____________, AMOUNTING TO 2% OF THE TOTAL
AMOUNT VALUE I.E. USD COVER DUE FULFILLMENT OF HIS OBLIGATIONS RESULTING FROM THE ABOVE
CONTRACT.

IN CONSIDERATION OF THE AFORESAID, WE _________________, HEREBY IRREVOCABLY UNDERTAKE TO


PAY __________ WITHOUT DELAY ANY SUM OR TOTALITY SUMS UP TO THE MAXIMUM OF
CONTRACT CODE:

BUYER CODE:

SELLER CODE:

USD_____________________ (IN WORDS) UPON RECEIPT OF YOUR FIRST DEMAND IN WRITING WHEREIN
YOU DECLARE SIMULTANEOUSLY THAT THE CONTRACTOR / SELLER FAILED TO MEET HIS CONTRACTUAL
OBLIGATIONS.

OUR LIABILITY UNDER THIS GUARANTEE WILL EXPIRE UPON RECEIPT OF THE BUYER’S WRITTEN
DECLARATION THAT THE CONTRACT / SELLER HAS FULFILLED ALL ITS OBLIGATIONS UNDER THE
CONTRACT, BUT WHATSOEVER THE LATEST VALIDITY DATE OF THIS GUARANTEE IS NOT LATER THAN
______.

THIS GUARANTEE IS ISSUED IN ENGLISH. IN CASE OF INCONSISTENCY, THE ENGLISH TEXT SHALL
PREVAIL.
CONTRACT CODE:

BUYER CODE:

SELLER CODE:

THIS GUARANTEE IS NOT TRANSFERABLE AND IN THE BUYER’S FAVOR ONLY.

CLAUSE 34 –Proposed Shipping / Lifting Schedule: SPOT

SHIPMENT FREQUENCY QUANTITY IN CIF DISCHARGE AGGREGATE


NUMBER MONTH MTS/SHIPMENT PORTS QTY. IN MTS

Proposed Shipping / Lifting Schedule:FOR CONTRACT


CONTRACT CODE:

BUYER CODE:

SELLER CODE:

SHIPMENT FREQUENCY QUANTITY IN CIF DISCHARGE AGGREGATE QTY.


NUMBER MONTH MTS/SHIPMENT PORT IN MTS
CONTRACT CODE:

BUYER CODE:

SELLER CODE:
CONTRACT CODE:

BUYER CODE:

SELLER CODE:

SIGNATURES FOR ENTIRE NCND WORKING AGREEMENT

NOTE: CONTRACTED PARTIES HEREBY CONFIRM THAT SIGNED, SEALED, PRESENT SALE AND PURCHASE
AGREEMENT OF MAZUT 100 GOST–10585-75 DATE OF MAY.12, 2015 EXCHAGED BY E-MAIL, ARE FULL
FORCE AND EFFECT, LEGAL BINDING ACCEPTED ENFORCEABLE AS ORIGINAL.
CONTRACT CODE:

BUYER CODE:

SELLER CODE:

PARTIES ARE FULL RESPONSIBILITY, UNDER PENALTY OF PERJURY TO PERFORM SALE AND PURCHASE
AGREEMENT CONDITIONS.

The parties hereby agree, to respect the mentioned “Sales and Purchase Agreement” accepted, signed,
sealed as below.

BUYER: SELLER:
CONTRACT CODE:

BUYER CODE:

SELLER CODE:

Represented By:

Title:
CONTRACT CODE:

BUYER CODE:

SELLER CODE:

ANNEX H: Non–Circumvention and Non–disclosure working agreement:

The parties have executed this NCND working agreement and “Receipt of a Copy of this entire agreement is hereby
acknowledged” (All parties please initial prior pages).

《END》

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