Date : ........................

We ………………………………………- acting as the Buyer, and acting with full corporate responsibility and legal authority, hereby certify under Penalty of Perjury, under International Law, that we are ready, willing and able to purchase the under described commodity, as per the following terms and conditions:

 

1. PRODUCT:
2. ORIGIN:
3. PACKING:
4. TOTAL QUANTITY:	1,000,000 MT +/- 10% FOR 12 (TWELVE) MONTHS @ (100,000 MT x 12 MONTHS = 1,200,000 METRIC TONS)
5. SHIPMENT:	100,000 MT PER MONTH. FIRST SHIPMENT WITHIN 30-45 DAYS AFTER RECEIPT OF CONFIRMED AND ACCEPTABLE OF FULLY FUNDED, IRREVOCABLE, TRANSFERABLE, DIVISIBLE, ASSIGNABLE, UNCONDITIONAL AND CONFIRMED SBLC IN SELLERS BANK. PARTIAL SHIPMENT, ALLOWED. TRANS-SHIPMENT, NOT ALLOWED
6. SPECIFICATIONS:	SEE ANNEXURE - 1  AT PAGE No. 6 &7
7. INSPECTION:	SGS / CCIC/AQSIQ OR ANY OTHER INTERNATIONALLY APPROVED AGENCY/ BUYER’S OPTION. INSPECTION OF THE MATERIAL AT BUYERS ACCOUNT AT THE DISCHARGE PORT. PHOTOGRAPHS OF THE ACTUAL GOODS OFFERED, AND SHIPPED, WILL BE PROVIDED AT THE TIME OF INSPECTION, ALONG WITH THE INSPECTION CERTIFICATES, PROVIDED THE PORT AUTHORITIES ALLOWED THE SAME.
8. A) DESTINATION:	Libya
B) DISCHARGE RATE:	2000 –
9. UNIT PRICE:	US$ 56.00 per MT CIF
10. INCOTERMS:	2000
11. TOTAL CONTRACT VALUE:	US$ - 56,000,000.00 (Fifty SIX MILLION US$- ONLY).
12. PAYMENT
IN US$ ONLY, FOR THE WHOLE CONTRACTED QUANTITY OF 1,000,000 MTW. IT SHALL BE EFFECTED BY A REVOLVING 11 TIMES FULLY FUNDED, IRREVOCABLE, TRANSFERABLE, DIVISIBLE, ASSIGNABLE, UNCONDITIONAL AND CONFIRMED SBLC OPENED FOR THE QUANTITY OF 1,000,000-MTW, VALUING US$- 56,000,000.00 (FIFTY SIX MILLION US$- ONLY) FOR MONTHLY SHIPMENTS @ 83,333 MTW EACH MONTH, AS PER THE SHIPPING SCHEDULE & DESPATCH ADVICE, PAYABLE 100% AT SIGHT,UPON PRESENTATION OF SHIPPING DOCUMENTS PERMITTING PART SHIPMENTS, WITH SINGLE CONTRACT, WITH THE INSTRUCTIONS THAT THE ADVICING BANK IS PERMITTED TO EFFECT THE TRANSFER VALUE OF EACH FULLY FUNDED, IRREVOCABLE, TRANSFERABLE, DIVISIBLE, ASSIGNABLE, UNCONDITIONA AND CONFIRMED SBLC AS PER THE CONTRACT. TOTAL VALUE FOR 1,000,000 MTW @ US$56,000,000.00 (FIFTY SIX MILLION USD ONLY).
13. PERFORMANCE BOND:
2% OF THE BANK GUARANTEE , IN FORM OF AUTOMATICALLY REVOLVING LETTER OF CREDIT/ SELLER’S OPTION , AFTER RECEIVING FULLY FUNDED, IRREVOCABLE, TRANSFERABLE, DIVISIBLE, ASSIGNABLE, UNCONDITIONA AND CONFIRMED SBLC AUTHENTICATED BY THE SELLER'S BANK. THE PERFORMANCE BOND OF 2% WILL ACTIVATE EACH FULLY FUNDED, IRREVOCABLE, TRANSFERABLE, DIVISIBLE, ASSIGNABLE, UNCONDITIONA AND CONFIRMED SBLC. THE PBG SHALL BE RETURNED TO THE SELLER, WITHIN 30 DAYS AFTER THE TOTAL CONTRACT IS EXECUTED SUCCESSFULLY. ALTERNATIVELY: TRADE INSURANCE PROTECTION COVER FOR 90% OF FULLY FUNDED, IRREVOCABLE, TRANSFERABLE, DIVISIBLE, ASSIGNABLE, UNCONDITIONA AND CONFIRMED SBLC VALUE HAS TO BE PROVIDED BY THE SUPPLIER AGAINST NON-DELIVERY AND THE BUYER SHALL ALSO PROVIDE TRADE INSURANCE PROTECTION COVER FOR 100% OF THE CONTRACT VALUE, TOWARDS NON-PAYMENT, ON RECEIPT OF THE SUPPLIER'S INSURANCE COVER AGAINST NON-DELIVERY, IN THE BANK, ON BANK TO BANK BASIS.
14. NON COMPLIANCE PENALTY:
THE PRINCIPAL SELLER/SUPPLIER WILL PAY A PENALTY OF 0.5 % PER WEEK FOR MAXIMUM 06 (SIX) WEEKS TOWARDS DELAY IN DELIVERING THE MATERIAL BEYOND AGREED DATE AND 5% OF THE TOTAL CONTRACT VALUE, IN CASE OF HIS FAILURE TO DELIVER THE MATERIAL AS PER CONTRACT AND AFTER RECEIPT OF ACCEPTABLE FULLY FUNDED, IRREVOCABLE, TRANSFERABLE, DIVISIBLE, ASSIGNABLE, UNCONDITIONA AND CONFIRMED SBLC. LIKEWISE, THE BUYER WILL ALSO PAY A PENALTY OF 0.5 % PER WEEK FOR 06 (SIX) WEEKS TOWARDS DELAY IN PROVIDING FULLY FUNDED, IRREVOCABLE, TRANSFERABLE, DIVISIBLE, ASSIGNABLE, UNCONDITIONA AND CONFIRMED SBLC BEYOND AGREED DATE AND 5% OF THE VALUE OF THE CONTRACT IF THE CONTRACT, SIGNED BY HIM, IS NOT HONORED.
15 MARINE INSURANCE:
ALL RISK COVERED BY THE SELLER, INCLUDING WAR, NON-DELIVERY,SHORT DELIVERY, BY THE SELLER, FROM SELLER’S LOADING PORT TO BUYER’S DISCHARGE PORT. SELLER WILL PROVIDE THE INSURANCE POLICY DETAILS AFTER SIGNING OF THE CONTRACT WITHIN 5 WORKING DAYS BEFORE THE VESSEL'S LOADING STARTS.
16. PROCEDURES:
AFTER THE QUANTITY, PRICE AND PAYMENT TERMS ARE FINALIZED BETWEEN THE BUYER AND THE SELLER, BUYER ISSUES BANK ENDORSED ICPO IN SELLER’S FORMATS.SELLER ISSUES FCO (FULL CORPORATE OFFER). BUYER SIGNS, SEALS AND RETURNS THE FCO. SELLER ISSUES A DRAFT CONTRACT FOR THE BUYER'S REVIEW, APPROVAL AND SIGNATURES WITH HARD COPIES OF THE SAME TO FOLLOW BY COURIER; (THIS IS AN ADMINISTRATIVE FORMALITY). BUYER SIGNS, SEALS AND RETURNS THE CONTRACT. SELLER’S MANAGING & INVOICING AGENTS CUM FULLY FUNDED, IRREVOCABLE, TRANSFERABLE, DIVISIBLE, ASSIGNABLE, UNCONDITIONAL AND CONFIRMED SBLC BENEFICIARY SEND TO BUYER, THE TEXT OF THE PRE-OPERATIVE FULLY FUNDED, IRREVOCABLE, TRANSFERABLE, DIVISIBLE, ASSIGNABLE, UNCONDITIONA AND CONFIRMED SBLC WITHIN 4 WORKING DAYS, FROM THE DATE OF SENDING THE CONTRACT HARD COPIES, FOR SIGNATURE AND SEAL OF THE BUYER; WITHIN 4 DAYS, BUYER RETURNS THE SAME TO THE MANAGING & INVOICING AGENTS, WITH COPY TO THE SELLERS, DULY SIGNED AND SEALED, FOR OPENING THE NON-OPERATIVE FULLY FUNDED, IRREVOCABLE, TRANSFERABLE, DIVISIBLE, ASSIGNABLE, UNCONDITIONAL AND CONFIRMED SBLC. SELLER AND/OR THE MANAGING AND INVOICING/AGENTS WILL PROVIDE PROOF OF PRODUCT (POP) ON A BANK TO BANK BASIS, THROUGH "SWIFT" OR (KTT) PROCESS, OR A CHAMBER OF COMMERCE CERTIFICATE; SELLER’S MANAGING & INVOICING AGENTS CUM FULLY FUNDED, IRREVOCABLE, TRANSFERABLE, DIVISIBLE, ASSIGNABLE, UNCONDITIONA AND CONFIRMED SBLC BENEFICIARY PROVIDES 2% PERFORMANCE GUARANTEE BOND OF FULLY FUNDED, IRREVOCABLE, TRANSFERABLE, DIVISIBLE, ASSIGNABLE, UNCONDITIONA AND CONFIRMED SBLC VALUE, OR TRADE PROTECTION COVER FOR THE 100% FULLY FUNDED, IRREVOCABLE, TRANSFERABLE, DIVISIBLE, ASSIGNABLE, UNCONDITIONAL AND CONFIRMED SBLC, WHICH WILL DULY ACTIVATE THE BUYER'S SHIPMENT COMMENCES AS PER CONTRACT.
17. DOCUMENTS TO BE PROVIDED BY THE SELLER
COMMERCIAL INVOICE TWO (2) ORIGINALS -THREE (3) COPIES DULY SIGNED BY THE FULLY FUNDED, IRREVOCABLE, TRANSFERABLE, DIVISIBLE, ASSIGNABLE, UNCONDITIONA AND CONFIRMED SBLC BENEFICARY. CERTIFICATE OF WEIGHT, QUANTITY,QUALITY, ISSUED BY INSPECTION AGENCY WITH PHOTOGRAPH AT PORT OF LOADING TWO (2) ORIGINAL THREE (3) COPIES FULL SET OF CLEAN ON BOARD OCEAN BILLS OF LADING MARKED FREIGHT PREPAID – SHORT FORM BILLS OF LADING UNACCEPTABLE - 3/3 BILL OF LADING. (WHERE ORIGINAL IS SIGNED BY A PERSON OTHER THEN THE MASTER, THEN IT SHALL BE ACCOMPANIED BY THE ORIGINAL LETTER OF AUTHORITY FROM SHIP'S OWNER) ORIGINAL + 6 COPIES ISSUED OR ENDORSED TO THE ORDER OF ISSUING BANK NOTIFY BUYERS. CERTIFICATE OF ORIGIN ISSUED BY THE GOVT OF THAT COUNTRY OR BY CHAMBER OF COMMERCE AND INDUSTRY OF THE COUNTRY OF EXORTS TWO (2) ORIGINALS,-THREE (3) COPIES. CHARTER PARTY AGREEMENT OR SHIPPING AGENT´S CERTIFICATE STATING THAT THE VESSEL IS NOT OLDER THAN 20 YEARS AND THAT THE VESSEL IS CLASSIFIED + EQUIPPED WITH THE NECESSARY DISCHARGING EQUIPMENT. VESSEL MUST BE CLASSIFIED AS 100 A-1 LLOYDS REGISTER OR BE EQUIVALENT CLASSIFICATION. 1-ORIGINAL AND 6 COPIES. COPY OF FAX SENT BY PRINCIPAL SELLER / INVOICING AGENTS TO THE BUYER & BUYER'S BANK, OF THE DETAILED SHIPPING ADVICE SHOWING DATE, QUANTITY, CARGO NAME B/L DATE NAME OF LOADING PORT ETC.(2) ORIGINALS AND (3) COPIES. INDEMNITY CERTIFICATE - (2)-ORIGINAL & (3) COPIES. CERTIFICATE OF THE QUANTITY FROM THE SUPPLIER-2-ORIGINALS & 3 COPIES SURVEYOR’S REPORT AFTER LOADING-(2) ORIGINAL & (3) COPIES. MARINE INSURANCE POLICY CERTIFICATE, COVERING ALL RISKS FOR CNF VALUE PLUS TEN PERCENT. THE POLICY SHOULD BE ENDORSED IN FAVOUR OF BANK GUARANTEE ISSUING BANK/ APPLICANT.AS THE CASE MAY BE, AS PER THE CONTRACT WHICH MAY DIFFER ON CONTRACT TO CONTRACT BASIS - (2) ORIGINALS AND (3) COPIES PACKING LIST -(2) ORIGINAL AND (3) COPIES. MASTER'S NOTICE,SHOWING DESCRIPTION OF GOODS,NAME OF VESSEL, B/L NO ,GROSS/ NET WEIGHTS OF GOODS,PIECES OF BUNDLES PF GOODS,TIME OF ARRIVAL,BERTHING ,SHIPPING AGENT AT THE DESTINATION IF AVAILABLE,LOADING TIME,RELEASE TIME,SIGNED BY MASTER AND PORT-(3) ORIGINAL AND (3) COPIES. QUALITY AND QUANTITY CERTIFICATE ISSUED BY INSPECTION AGENCY SHOWING THE QUALITY AND ALL REQUIRED BY CHEMICAL STRUCURE HERETO OF THE GOODS ACCORDING TO THE PRESENT CONTRACT- (2) ORIGINALS AND (3) COPIES. CUSTOM'S CERTIFICATE SHOWING THAT THE MATERIAL IS FREE FROM ANY AMUNATION, EMPTY CARTIGES, BOMBS,TANK PIECES & ALL WAR MATERIAL -(3) ORIGINAL AND (3) COPIES. CERTIFIED COPY OF THE ANALYSIS REPORT-(2) ORIGINAL AND (3) COPIES. PYSOSANITIRY CERTIFICATE WITH EACH SHIPMENT (2) ORIGINALS AND (3) COPIES. SHIPPING AGENT AT THE DESTINATION PORT/S: • THE SHIPPING AGENT AT DESTINATION PORT WILL BE NOMINATED BY THE END BUYER, ON DEAL TO DEAL BASIS. • ALL SHIPPING AGENTS OPERATING EXPENDITURES AT DESTINATION PORT/S WILL BE ON END BUYER'S ACCOUNT. NOTE: SPELLINGS AND TYPOGRAPHICAL ERRORS NOT TO CONSTITUTE DISCRIPENCIES UNDER THE FULLY FUNDED, IRREVOCABLE, TRANSFERABLE, DIVISIBLE, ASSIGNABLE, UNCONDITIONA AND CONFIRMED SBLC.
18. DEMURRAGE:
BUYER IS RESPONSIBLE FOR THE COMMODITY DISCHARGE.THE DISCHARGE RATE SHALL BE 2000 METRIC TONNES MINIMUM PER WEATHER WORKING DAY OF TWENTY-FOUR (24) CONSECUTIVE HOURS. THE TIMES PRECEDING TO 0800 HOURS ON THE DAY SUCCEEDING ANY HOLIDAYS ARE EXCLUDED, EVEN IF USED. WHETHER IN BERTH OR NOT, (WIBON), WHETHER IN PORT OR NOT, WHETHER IN FREE PRACTISE OR NOT, WHETHER CUSTOMS CLEARED OR NOT, (WCCON).VESSEL HATCH OPENING AND CLOSING SHALL BE PERFORMED UNDER CREW RESPONSIBILITY, CONTROL &ACCOUNT. SHOULD THE VESSEL BE DISCHARGED AT A RATE 2000 WWD AND ABOVE, NO DEMURRAGE SHALL BE PAYABLE.THE SELLER SHALL HAVE TO PAY THE DESPATCH IN RELATION TO DEMURRAGE AND IN SAME WAY. SHOULD THE VESSEL BE DISCHARGED AT A RATE LESS THAN THE AVERAGE OF 2000 MT,IN THAT CASE, THE BUYER SHOULD PAY TO THE SELLER/MANAGING AGENTS, DEMURRAGE AT THE RATE OF US DOLLARS 30,000/60,000/90,000/120,000 PER RUNNING DAY,OR AS PER THE CHARTER PARTY STATED RATE, WILL BE APPLICABLE IN USD DEPENDING ON THE QUANTITY,AND THE PRO-RATA SHARE FOR ANY PORTION OF SUCH RUNNING DAY.
19. PROOF OF PRODUCT:
THE SUPPLIER SHOULD PROVIDE THE PROOF OF PRODUCT REQUIRED TO BE SHIPPED AGAINST THE ABOVE ORDER, AGAINST RECEIPT OF PROOF OF FUNDS, ON BANK TO BANK BASIS, AFTER THE PRE-ADVICE FULLY FUNDED, IRREVOCABLE, TRANSFERABLE, DIVISIBLE, ASSIGNABLE, UNCONDITIONA AND CONFIRMED SBLC IS OPENED BY THE BUYER, IN SELLER’S BANK IN DUBAI-UAE. THE BUYER SHOULD BE ALLOWED TO INSPECT THE MATERIAL AT THE TIME OF INSPECTION AT THE PORT BEFORE LOADNG.
20. BUYER’S DETAILS (KINDLY PROVIDE THE FULL DETAILS)
COMPANY NAME & ADDRESS CITY / COUNTRY E-MAIL KEY PERSON TELEPHONE/FAX: MOBILE MOBILE
21. BUYER'S BANKING COORDINATES: (KINDLY PROVIDE THE FULL DETAILS)
BANK NAME: BANK ADDRESS CITY / COUNTRY TEL/FAX: SWIFT CODE BANK OFFICER ACCOUNT NAME: ACCOUNT NUMBER:
22. BUYER’S L/C CONFIRMING BANK DETAILS:
BANK NAME : (KINDLY FILL UP THE FULL DETAILS) BANK ADDRESS: CITY: COUNTRY SWIFT CODE BANK OFFICER PHONE/FAX NO

BUYER'S BANK'S FUNDS CONFIRMATION

WE ATTESTED THE SIGNATURES OF……………………………..MD/DIRECTOR OF ………………
WE CAN ASSURE THAT HIS RELATION WITH OUR BANK ARE PROFESSIONAL AND HOLD CREDIT LINE WITH OUR BANK AND FINANCIALLY THEY ARE VERY SOUND. THEY ARE CAPABLE OF HANDLING THE ABOVE TRANSACTION SUCCESSFULLY.

OFFICER NAME


BANK SEAL


DATE

WE UNDERSTAND THAT ANY AND ALL OFFERS AND / OR CONTRACTS ARE SUBJECT TO SUCCESSFUL SELLER VERIFICATION OF FUNDS AVAILABILITY.
WE HEREBY GIVE OUR WRITTEN PERMISSION FOR THE SELLER TO CONDUCT A SOFT PROBE OF OUR ACCOUNT.


 

PRINCIPAL SELLER FOR BUILDING SUPPLIES -------------------------------------- ZIAD ATALLAH AUTHORISED SIGNATORY DATE: TH ……………..2006	BUYER ----------------------------- AUTHORISED SIGNATORY SEAL DATE: ………AUGUST 2006
ICPO Validity	5 international banking days