Professional Documents
Culture Documents
REF SWGM2023
1
OFFER: SWGM.WT.WASMITH786-G29(35) EDUARDO
June 28, 2023
To END BUYER
DESCRIPTION PRODUCT:
3. The Buyer send FCO SIGNED AND IRREVOCABLE CORPORATE PURSACHE ORDER (ICPO), AND WITH THE
BANKING AUTHORIZATION FOR PROOF FUNDS + BUYER'S PASSPORT
4. Upon receives the signed FCO then fixing the meeting to finalize all agreement the SALE AND PURCHASE
AGREEMENT (SPA) to fill all necessary information including the banking detail to sign and seal. The
Parties shall execute the transaction according following procedure, which thereby becomes a full
commercial recourse contract.
4. Verification Appointment (their respective bank officers will be taken after submitted this Agreement on
both banks).
• The Seller’s Bank Officer (SBO) will contact the Buyer’s Bank Officer (BBO) via bank secured and
communication to confirm this Agreement has indeed been lodged in accordance with call the
transaction procedure, its terms and conditions acknowledge the existence of the ongoing transaction
indicating Transaction Reference Number: SWGM.WT.WASMITH786-G29(35) EDUARDO.
• Confirmation all unclear information, for all matters explained verbally between the SBO and BBO
confirms their clients: Buyer’s financial capital for the face value of the first shipment for the transaction,
and Seller’s gold existence will be sold under the seller’s name transferable and exportable.
• Confirmation of the Parties is fully accepted and agrees to proof their capable for the completion of
this transaction via Ledger-to-Ledger and/or Bank-to-Bank basis with bank responsibility due diligent
and will be performed between both bank officers.
NOTE: This Agreement shall be deemed to have defaulted and be immediately terminated if the BBO
fails to receive/return the call of the SBO within two (2) banking day.
5. Verification Clearance. The SBO and BBO agrees to exchange the Proof of Funds (POF) and Proof of
Product (POP) on first tranche against Transaction Reference Number: SWGM.WT.WASMITH786- G29 (35)
EDUARDO on specific matter such as :
• The BBO shall confirm the availability funds for face value of the first shipment of MINIMUM TWENTY
(20) Metric Tons in confirmation by Bank Confirmation Letter (BCL) and/or Bank Statement and/or Tear
Sheet and/or Domestic Letter of Credit (DLC) / Tear Sheet Standby Letter of Credit (SBLC) are
Irrevocable condition full bank responsibility in favor of the Seller’s account at KASIKORNBANK or HSBC
Hong Kong.
• Within Three (3) banking hours (nearly simultaneously) of Proof of Funds (POF) positive
confirmation, the SBO shall confirm the first shipment of gold bars under the seller’s name by certified
copy of Keeping Receipt and copies of all relevant documents individually stamp by SBO being sold and
confirming that the gold commodity delivery. 3
• SBO and seller will same day do necessary arrangements for physical inspection Proof of fund
provided from BBO (buyer’s bank officer) needs to be confirm by both KASIKORNBANK or HSBC Hong
Kong, and within conjunction) the corresponding bank in Thailand prior to visit the Seller’s Security
Private Warehouse location in Thailand for presentation and explanation in detail together with full
package of original certificates and product documents by the warehouse manager. Upon the Parties
fully accepts and agrees by signature, the seller/warehouse Manager team will organize the first
shipment of physical gold bars commodity of twenty (20) metric tons together with relate documents
together with the buyer team for physical inspection. The Seller requires to Blocked Funds by SWIFT
MT760 and/or other adequate bank instrument accepted by the parties jointly calculation and fix
indicating Transaction Reference Number SWGM.WT.WASMITH786-G29 (35) EDUARDO to cover the
purchase the first shipment quantity of twenty (20) Metric Tons of physical gold bars (AU Metal)
guaranteeing any damage of physical inspection and payment defaulted.
• Physical Inspection Acceptance the successful of physical inspection chosen by the buyer
acceptance via randomly selected, non-destructive chemical and/or spectrograph inspection and visual
inspection of all parts (to verify the purity, weight, hallmark, age and serial number and documents
listed) and/or smelting and/or fire assay (the quantity of smelting and fire assay must use the refinery
export permit of refinery) All inspection cost and charges by the buyer independent. The seller’s security
team will be always present, the seller accepts the physical inspection by melting at local the buyer’s
appointed refinery. (Less than 20 metric tons delivery without export documentation) The Parties
accept the physical inspection by the final assay certificate (in document list) and/or fresh assay report
receipt acceptance and acknowledge by the party signatures.
Delivery Document
The Seller shall authenticate, deliver the commodity accompany all documents and ownership transfer each
tranche of physical gold bars (AU Metal) in accordance with international law by following documentation
and certificates shall be identified the transaction reference number indicating in this agreement.
a. Seller will be able to arrange the legal permission for air cargo landing and taking off correctly by
the rules of Thailand aviation until the buyer’s logistic transport safely leaves from Thailand territory.
b. Goods are free and clear of all liens, mortgages, and encumbrances of any nature, not of terrorist
or criminal origin with documentation declaring the same. 4
c. Guarantee the commodity exportable and liftable without any restrictions to any countries.
d. Storage charges covering for 15 calendar days counting from the date of physical inspection act.
e. Inland transportation and packing, upload including security team under the seller responsibility,
and any cost of delivery per FOB – Thailand conditions.
f. Seller guaranteeing the air cargo safely leaves Thailand airport and ports.
g. Minimum quantity strictly requirement 20MT delivery together with full package of documents,
certificates including export permit and license.
h. Full payment release against title of ownership transfer. The delivery of commodity will be
following the schedule listed of Appendix- in this agreement. The Buyer will be responsibility all costs of
assaying, re-melting, refinery, air cargo, ship, and logistic company to transport from Thailand to the
buyer’s designated country airport/port.
i. Payment Full-Payment equal to Eighty eight percent (88%) with Irrevocable conditions by SWIFT MT103
Or API Application for each successive shipment quantity that shall be reflected in the final commercial
invoice to the seller’s nominated bank account against title ownership transfer.
j. The subsequence tranches, rolls and extensions will be repeating until the contractual quantity
exhausted shall be considered if the first tranche successful.
k. Rolls and Extensions are determined by the Seller and Buyer agreement at TTM.
l. The procedure shall be repeated (subject to storage availability) as the sole discretion of the seller, until
all of this contract quantity of gold bars exhausted within 90 days.
m. The transaction valid TEN (10) banking days from the date of Sale and Purchase Agreement “SPA” and
will be automatically terminated of procedure outline in Article 3.4 Section 3 is failed.
VERY IMPORTANT:
The Seller will not accept any ICPO, which entails any change in the procedure presented in the offer. Said
ICPO, which must be corporate and with complete company data (address, telephone, email, name of the
signatory, etc.), must be written with THE EXACT TEXT of the is offer presented, as a premise of acceptance
of the procedure, without changes in absolute.
If our procedure is not accepted, please refrain from sending it, as it will be returned. The Seller has his
way of proceeding, contrasted and simple and changes are not accepted.
Thank you very much.