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SALE AND PURCHASE CONTRACT FOR 4000 KGS MONTHLY X 12 WITH EXTENSION 5 YEARS
GOLD DORE BARS
BETWEEN
THE SELLER
THE BUYER
Buyer Name
Address
Telephone
Represented by
Tittle
Nationality
Buyer E'mail Address
Passport No
WhatsApp
(hereinafter referred to as "the Buyer").
WHEREAS: Seller has offered for sale non-hallmark Gold Dore Bars, hereinafter referred to as "Raw Gold."
WHEREAS: Buyer wishes to purchase a specified quantity of the Seller's "non-hallmark Gold Dore Bars" over an
agreed time period.
TERMS AND CONDITIONS:
NOW THEREFORE: The Parties agree to the Terms and Conditions as follows:
a) The Seller, under full authority and responsibility, declares that he has the clear and qualified right to sell the
non-hallmark Gold Dore Bars and that he guarantees that the Seller has the means to legally export the non-
hallmark Gold Dore Bars from Ghana;
b) The Buyer, under full corporate authority and responsibility, declares that he and his associates have the full
capability to purchase the commodity specified herein and such purchase will be raised with options of extension
annually.
COMMODITY SPECIFICATIONS:
CARAT: 24 carats
QUANTITY: 4000 kgs per Month =12 months Contract with R&E
PRICE: LBMA 14% Discount per kg / 10% Buyer / 2% Buyer side /2%Seller side
QUANTITY:
The mutually agreed upon quantity for sale to the Buyer under the terms of this Agreement remains open. Quantity
immediately available: 4000 KGS ( Four thousand Kilograms) per Month (One Year with Extensions to 5 Years)
PRICE:
) The price may vary with the London gold exchange. Price has however been fixed at 18% Discount LBMA (Twelve
percent discount LBMA in US dollars only) per Kilogram at 99.9% purity of each assay.
a) Adjustments upward or downward, if needed (based on purity and fineness); in price payable to the Seller will
be made in accordance with the final assay report from the Buyer's refinery.
c) Buyer is responsible for all charges at their refinery. The non-hallmark Gold Dore Bars goes into the account of
the Buyer at the refinery. Gold will be registered to the refinery for the account of the Buyer at the time of
payment to Seller's fiduciary bank.
d) The Seller will notify the Buyer via fax or email of the date of transport of Seller's non-hallmark Gold Dore Bars
from Seller's departure point (Origin). By return the Buyer will confirm receipt of Notice in the same manner.
e) Seller will ship to the Buyer's country upon appropriate arrangement and shall furnish to the Buyer all necessary
documentation prior to Aircraft Departure from point of origin. Seller will notify Buyer; the airline, flight
number, dates of expected departure and arrival time.
f) During the Seller's first shipment, the Buyer or representative will be physically present at Customs and at the
refinery (Refinery of Buyer's choice) to insure all procedures have been followed and actual delivery was
completed to the refinery.
Buyer shall issues MT 199 free format preadvise to Seller financier Bank and after receipt and reply sellers financier
BANK THEN.
Buyer shall issue SBLC by Swift MT760 for total quantity of the 4000 Kgs gold to seller’s nominated Financier’s Bank
Account for a period of One (1) year and One (1) Day from the day of issue.
Buyer shall send a copy of the Swift confirmation slip to the Seller for reconfirmation and verification via Bank to
Bank basis.
Seller shall ONLY start shipment process after a successful reconfirmation and verification of the
swift by Seller’s financier Bank officer.
If the Buyer fails to issue the Swift to Seller’s nominated financier account within a maximum of five (5) working days
after signing of this Agreement, then the buyer shall notify the Seller within Two (2) days for approval before issuing
the Swift.
Buyer’s bank shall issue the Swift to the Seller’s nominated financier’s bank according to the agreed SBLC-MT760
Verbiage as signed by Seller and Buyer.
The Buyer shall issue the SBLC-MT760 by Swift from a top Prime or acceptable bank.
Seller’s Financier shall reject any unacceptable SBLC-MT760 Verbiage issued by Buyer’s Bank to Seller’s nominated
Financier Bank account.
Buyer shall be responsible for the security of the Gold in Buyer’s Country or final destination until final payment is
made to Seller’s Nominated Bank account.
Final payment shall be executed to the Seller's nominated bank, within 24 to 72 hours after receipt of final assay
report from refinery by wire transfer.
PROCEDURE:
1. Execution of Agreement
a) Seller signs this Agreement and returns to Buyer.
b) Buyer signs this Agreement and returns to Seller.
PLEASE NOTE: This Agreement is time-sensitive. If Seller and Buyer do not execute and remit this
Agreement to Seller within TEN (10) Days of receipt thereof, it will automatically assumed that the Buyer is no-
longer interested and will automatically nullify and terminate this negotiation without further notice unless written
permission is requested by the purchaser and granted from the Seller.
2. Within a maximum of Five (5) working days after signing of this Agreement, Buyer's Bank shall issue SBLC by
Swift MT760 for total quantity of the 4000kgs Gold Dore Bars to seller's nominated Financier's Bank Account for
a period of One (1) year and One day from the date of issue.
3. Seller, after receiving SBLC by swift MT760 , will provide to the Buyer copies of all necessary valid and confirmed
documents via fax or email, and will notify the Buyer of the date of transport to the Buyer's destination. By
return the Buyer will confirm receipt of documents and notice.
4. Within a maximum of ten (10) working days after step 2, the Seller will ship the non-hallmark
Gold Dore Bars to the Buyer's designated destination and will notify the Buyer of the flight details (airline, flight
number, dates of expected departure and arrival time.)
5. The seller will clear shipment through Customs and complete the delivery to Buyer's destination.
6. Within a maximum of five (5) working days of receipt of shipment, refinery shall fax or email copy of refinery
assay to the Buyer for agreement with copy assay to the Seller.
Payment will be executed in the bank designated by the Seller, accepted by the buyer's bank, within 24 to 72 hours
after the confirmation by the Buyer and the Seller of having received and accepted the final test report from the
refinery.
NOTICES:
This contract is subject to the acceptance of the banking entity of the contractual capacity of the parties. Each and
every one of the notices that a party must deliver to the other party of this
Agreement will be made in writing and will be published by certified / registered mail at the address or addresses
indicated, copied by fax or email, directly to the parties referred to. To who.
CORRESPONDENT BANK:
Bank Name:
Address:
Swift Code:
Routing No: IBAN:
Account Name:
Account No:
Tel:
Fax:
Bank Officer:
Note
At the moment we are in specification by the bank for the coordinates of the origin and financial instrument.
DOCUMENTS:
Each shipment and delivery shall be accompanied by the following documents:
WARRANTIES:
g) Seller warrants that the commodity can be lifted without restrictions to anywhere in the world.
h) The Seller agrees to accept the final assay report from the Buyer's designated refinery, accepting payment of
each lifting after final assay of AU metal.
i) Additional charges due the excessive from impurity content will be deducted from the amount payable to the
Seller.
FORCE MAJEURE:
The parties hereto shall not be held liable for any failure to perform under the "Force Majeure" clause as regulated
by the International Chamber of Commerce, Paris - France which clauses are deemed to be incorporated herein.
BINDING AUTHORITY:
This Agreement is binding upon the parties hereto, their assigns and successors and is signed with full authority to
act.
EXCLUSIVITY OF AGREEMENT. This Agreement is exclusive and assignable and exists solely for the benefit of the
named Buyer and Seller. The Buyer shall provide a signed and completed copy of any assignment, conveyance, or
transfer and send same to the Seller. Any such assignment, conveyance, or transfer of this Agreement and the rights
and responsibilities in connection with it by the Buyer shall be deemed valid and in full force.
TOTAL AGREEMENT:
This Agreement supersedes any and all prior agreements and represents the entire Agreement between the parties.
No changes, alterations or substitutions shall be permitted unless the same shall be notified in writing and signed by
both parties.
By signing below, both parties abide by their corporate and legal responsibility, and execute this Agreement under
full penalty of Perjury.
For Seller's
Buyer's
BUYER:
PASSAPORT SELLER
PASSAPORT BUYER:
APPENDIX A
SBLC SWIFTMT760 VERBIAGE
SWIFT OUTPUT :
SENDER BANK :
ADDRESS :
SWIFT CODE :
ACCOUNT NAME :
ACCOUNT NUMBER :
BANK OFFICER :
--------------------------------------------------------------------------------------------------------------
BANK NAME: AKTIF BANK
BANK ADDRESS: KURTULUŞ MAHALLESI, ZIYAPAŞA BLV. NO:39/B, 01130 SEYHAN/ADANA .
SWIFT CODE: CAYTTRIS
ACCOUNT NAME: ADEN YAG SAN.VE TICARET LTD. STI
ACCOUNT NUMBER: 0631 8055
IBAN.NO.: TR60 0143 000000000 0631 8055 ACCOUNT OFFICER: KENAN
YUKSEL
BANK TEL: +90 322 503 0562
-----INSTRUMENT INFORMATION AND CONTACT NUMBERS OF ISSUING BANK ---------- AND BANK
INFORMATION-----------------------------
WE, FURTHER CONFIRM AND GUARANTEE THAT THE SUBJECT FUNDS ARE CLEAN, CLEARED, UNENCUMBERED AND
LEGALLY OBTAINED OF NON-CRIMINAL ORIGIN. THIS STANDBY LETTER OF
CREDIT IS TRANSFERABLE, ASSIGNABLE AND DIVISIBLE WITHOUT PRESENTATION TO US OR PAYMENT
OF FURTHER FEES. THIS STANDBY LETTER OF CREDIT IS AN OPERATIVE INSTRUMENT WHICH IS
CALLABLE AT THE ISSUING BANK AND IS SUBJECT TO THE UNIFORM CUSTOMS PRACTICE OF
DOCUMENTARY CREDIT (1983 REVISION) AND SHALL BE GOVERNED AND CONSTRUED BY THE LAWS OF EUROPEAN COMMUNITY
IN ACCORDANCE WITH ICC PUBLICATION 500/600 LATEST VERSION.
………………………………….. ……………………………..
AUTHORISED BANKER {1} AUTHORISED BANKER {2}
NAME, TITLE & ID CODE. NAME, TITLE & ID CODE.
END OF AGREEMENT