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đo ̣c hơ ̣p đồ ng, đứng trên cương vi ̣nhà xuấ t khẩ u Viê ̣t Nam, haỹ nhâ ̣n xét hơ ̣p đồ ng nêu

trên, chỉ
ra những điểm sai xót, bấ t lơ ̣i cho phía Viê ̣t Nam và sửa chữa la ̣i, trên cơ sở đó lâ ̣p hơ ̣p đồ ng
xuấ t khẩ u ga ̣o hoàn chỉnh

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HỢP ĐỒNG XUẤT KHẨU GẠO
Contract No: 42/HDMB - HCT
Date: 21 November 2006
This contract is made in Vietnam and agreed between

THE SELLER: H.M CO.


Address: 8 Nguyen Binh Khiem, District 1, Hochiminh City, Vietnam
Tel: 84-8-8292588 Fax: 84-8-8241103
(Hereinafter called "the Seller")
THE BUYER: BINA BURI LTD.
Address:... Singapore
Tel: 65...
(Hereinafter called "the Buyer")

Both Seller and Buyer have mutually agreed on the sale and purchase of rice under the terms and
conditions set forth hereunder:

ARTICLE 1: COMMODITY
Vietnamese Long Grain White Rice of 5%

ARTICLE 2: SPECIFICATIONS
Broken 5%max
Moisture 14% max
Red & red streaked kernels 0.75% max
Yellow kernels 0.5% max
Chalky kernels 6.0% max
Damaged kernels 1.0% max
Waxy kernels 1.50% max
Immature kernels 0.2% max
Foreign matters 0.1% max
Paddy (Grains per Kg) 15 grains max
Milling degree Well milled
Average length of whole grain 6.2 mm

*Others as per Vietnam standard for Rice.

ARTICLE 3: QUANTITY
Total Quantity: 100,000 MT more or less 5%.
Partial shipment: 25,000 MT each.
ARTICLE 4: PACKING & MARKING
In new single PP bags of 50 net suitable foe sea transportation and 1% empty spare bags supplied
free of charge by the Seller together with the shipment. Rice with 5% broken packs in 5kg each
10kg each ship to Singapore.
No marking required.

ARTICLE 5: PRICE
Unit Price will be determined by the annex of contract according to time-period of delivery (at
least before 30 days) on basis FOB Hochiminh City port.

ARTICLE 6: SHIPMENT
Within the month of February 2007 providing the Letter of Credit is received by Seller in good
and acceptable order at least 30 days prior to the shipment date. Otherwise shipment date is
extended correspondingly.
Port of Loading: Hochiminh City Port, Vietnam.
Port of Discharge: Singapore.

ARTICLE 7: PAYMENT
In US Dollars by means of an irrevocable letter of credit at sigh to be opened from a first class
bank in USA by the Buyer in favor of Seller. L/C to be unrestricted for negotiation at any bank in
Vietnam covering full contractual quantity and full operative L/C to be opened within 03
working days after the signing date of the annex.
T.T.R to be allowed L/C to be payable within 03 working days after receipt of tested telex from
negotiating Bank confirming negotiation of documents in conformity with the L/C terms and
conditions.
All banking charges inside Vietnam to be at Seller’s account.
All banking charges outside Vietnam to be at Buyer’s account.
Documents to be presented for negotiation:
1.Signed Commercial Invoice in 1 original and 2 copies.
2.Full set (3/3) of Original “clean on board” ocean vessel/charter party Bill of Loading made out
to the order of issuing Bank and marked “freight prepaid”, notify Buyer.
3.Packing List in 1 original and 2 copies.
4.Certificate of Origin to be issued be The Chamber of Commerce & Industry of Vietnam in
Hochiminh City in 3 original and 2 copies.
5.Phytosanitary certificate in 3 original ad 2 copies.
6.Fumigation certificate to be issued by Vietnam Fumigation Company in 3 original and 2
copies.
7.Certificate of Hold and Hatch Cleanliness to be issued by SGS Vietnam Limited in 1 original
and 2 copies.
8.Seller’s certification that one set of non-negotiable shipping documents has been sent to the
buyer within five (5) working days after B/L date.
9.Fax advising full shipment details within 2 working days after B/L date.
ARTICLE 8: FUMIGATION
The cargo must be properly fumigated with Methyl Bromide at a dosage rate of 50 grams per
cubic meter on board the vessel at the port of origin for Seller’s account and certificate of
fumigation is final at loading port. Fumigation to be effected on board the vessel after
completion of loading and shall be undertaken by Vietnam Fumigation Company together with
the direct supervision of SGS Vietnam Limited.

ARTICLE 9: INSURANCE
Insurance to be at Seller’s cost under FOB terms per Incoterms 2000

ARTICLE 10: INSPECTION


The supervision and survey at mills and on board ocean vessel on the quality, weight and
condition of polypropylene bags including hatch cover survey (as part of hold cleanliness
survey) are to be done by SGS Vietnam Limited. Surveyor shall issue Certificate on loading and
quality of the loading. These certificates are final at loading port.

ARTICLE 11: FORCE MAJEURE


The force Majeure (exemption clause) of the International Chamber of Commerce (ICC
Publication No. 421) is hereby incorporated in this contract.

ARTICLE 12: ARBITRATION


All disputes arising out or in relating to this contract shall be finally settled by the Vietnam
International Arbitration Center at the Vietnam Chamber of Commerce and Industry in
accordance with its Arbitration rules.

ARTICLE 13: ORTHER TERMS AND CONDITIONS


-All charges, export duties, taxes, levies, license, etc…, in Vietnam shall be for Seller’s account
and responsibility.
-All charges, import duties, taxes, levies, license, etc…, in the country of destination and out side
Vietnam shall be for Buyer’s account and responsibility.
-All amendments and supplement to this Contract shall be effective and are made in writing and
signed by authorized representative of both parties.
-The annex of contract is signed by authorized representative of both parts in order to determine
price and time of delivery.
-The annex is part and parcel of the contract and cannot be taken apart from the contract.
This contract comes into effect from the signing date and is made in English and in 4 originals
having the same value. The Seller keeps two and the Buyer keeps two.

FOR THE SELLER FOR THE BUYER

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