Article 5: Documents

The seller shall receive payment from the negotiating bank against presentation of full set of
documents as follows:
1. Signed commercial invoice in 01 Original and 03 copies
2. Full set of 3 Originals & 3 Copies of Packing List, showing Contract Number, Net
Weight and Number of Ocean Bill of Lading.
3. Full set (3/3 Original) clean on board Bill of Lading made out to order of the Bank's,
endorsed in blank.
4. Full set negotiable certificate of insurance, endorsed in blank for 110% of invoice value
covering all risks
5. Certificate of origin form AJ issued by Vietnam Chamber of Commerce and Industry in
03 originals
6. Full set of Original & Copy of Certificate of Quality issued by SGS at port of loading.
7. Certificate of free sale issued by the National Agro-Forestry-Fisheries Quality Assurance
Department (hereinafter referred to as NAFIQAD) in Vietnam in 03 originals
8. Certificate of fumigation on board the vessel issued by the Ministry of agriculture and
rural development in Vietnam
9. Veterinary Certificate issued by the Ministry of agriculture and rural development in
Vietnam – Department of animal health
.
Article 6: Packing
Be packed in single new and fumigated EPS box of 50 kgs net each, about 55 kgs gross each
(included the weight of ice), suitable for rough handling and sea transportation.
Article 7: Penalty
Due to the variable, uncertain, and unstable nature of fishery markets, Seller and Buyer
recognize and agree that a default or a breach in the respective party’s delivery or purchase
obligations hereunder will result in damages to the other party that are uncertain and not easily
susceptible to proof. It is the intent of Seller and Buyer to liquidate damages in advance of any
such default or breach. Accordingly, if Seller fails to deliver the products to Buyer or Buyer fails
to purchase, pursuant to the terms of this Agreement, the party which has breached its
obligations hereunder shall pay to the other party as liquidated damages and not a penalty:
A.The sum of SỐ TIẾN PHẠT per box not so delivered or purchased, as the case may be;
B. If greater, in the case of Seller’s failure to deliver the products as provided herein, twenty
percent (20%) of the price, or equivalent other consideration received by Seller for the transfer,
assignment, sale, or delivery of products to anyone other than Buyer.
Article 8: Force majeure
Force majeure cases shall be understood the occurrence of situations to be considered as force
majeure in ICC pubication No 421 The force majeure cases shall be informed to the other party
by the concerned party by airmail within 7 days and confirmed by writing within 10 days from
the date of such a phone call together with certification of force majeure issued by the Chamber
of Commerce located in the region of the case. After this deadline, claims for force majeure shall
not be taken into account. In the event of force majeure, the concerned party shall bear no
responsibility of any penalty arising from delay of delivery.

Article 9: Arbitration
12.1. Any discrepancies and / or disputes arising out or in connection with this contract will be
prioritized to be resolved by negotiation and mediation. If the two parties cannot reach
agreement, this case shall be referred to Arbitration compliance with the Vietnam International
Arbitration Center (VIAC) VIETCOCHAMBER HoChiMinh City.
• Adding agreed contents:
(a) The number of arbitrators shall be one.
(b) The place of arbitration shall be in Ho Chi Minh City, Vietnam.
(c) The governing law of the contract is the substantive law of Vietnam.
(d) The language to be used in the arbitral proceedings shall be in English.
Arbitration decision shall be accepted as final the both parties.
12.2. The fees for arbitration and/or other charges shall be borne by the losing party, unless
otherwise agreed.
Article 12: Other terms and conditions
Any amendment of the terms and conditions of this contract must be agreed to by both sides in
writing.
This contract is made in 06 originals in the English language, three for each party
This is subject to the Buyer’s final confirmation by telex ( July 19th, 2021 latest)

On behalf of the Buyer

On behalf of the Seller