You are on page 1of 4

Van Dalen Holding

vandalenholding.com
Address: Wilgenkampweg 75, 7547 RZ
Enschede, Netherlands
VAT: NL 852945401B01

Date: 21sth,July,2022

Contract Number: TPN/CF/A014-19


Client: Batbaatar Chimedtseren

PURCHASE AND SALE CONTRACT FOR DR PEPPER DRINK(330ML X 24)

For the purpose of this agreement the following terms and conditions shall have the respective meanings set forth
below.

“Agreement” shall mean this Agreement for Sale and Purchase of 20ft container of dr pepper drink (330mlx24)
dated July 21st, 2022.

“Affiliate” shall mean any Subsidiary, Shareholder, Partner, Trading partner or associated organization of a party to
this Agreement.

“Buyer” shall mean Batbaatar Chimedtseren, and the representative who will receive shipment shall mean Anup
Bahik

“End buyer” shall mean the person /entitle to whom, the seller is selling 20ft container of dr pepper drink
(330mlx24) is to be delivered after Discharged of 20ft container of dr pepper drink (330mlx24) at the designated
port.

“Damages” shall mean all claims, liabilities, obligations, costs, and expenses, including reasonable attorney’s fees
arising out of or related to any breach or inaccuracy of any representation or warranty provided by the Seller under
this Agreement.

The shipment terms “CIF” shall mean as defined in INCOTERMS 2022 Carriage and Insurance Paid

“Final Report” shall mean the report of quantity and quality on the 20ft container of dr pepper drink
(330mlx24) and Quantity issued by Buyer’s Designated company.

“Freight Forwarder” shall mean the shipping company that specializes in the shipping and handling of the
Products Purchase Price” shall mean the price paid by Buyer for the 20ft container of dr pepper drink (330mlx24) is
determined pursuant to Section E of this Agreement.
“Penalty for Circumvention” shall mean the direct, indirect and punitive damages and the legal recovery
cost that Either Party has to pay as penalty in the event of violation of the non circumvention clause of this
agreement.
“Related Agreements” shall also mean the Shipping Documents and the exhibits to this Agreement.
“Seller” shall mean Name

VAN DALEN HOLDING


Head Office: Wilgenkampweg 75, 7547RZ Enschede, Netherlands
Registry of Commerce/KRS: KRS 0000136633 \ VAT no: NL 852945401B01
WhatsApp: +31 97005033637
Website: https://vandalenholding.com/
Email: info@vandalenholding.com

Who are the Owners and Sellers of the Products offering to sell 20ft container of dr pepper drink (330mlx24) of their
Product to the BUYER.

“Shipping Documents” shall mean the Bill of Lading marked “Land Freight Pre-Paid,” Commercial Invoice, Packing
List, Certificate of Origin, Certificate of Health / S.G.S INSPECTION Netherlands, original and copy of Certificate
of Insurance issued by primary world insurance company.

“SPA” shall mean the Sales and Purchase Agreement in a form similar to this Agreement.This Agreement is done on
the date above July 21st, 2022, between both parties

SELLER:
VAN DALEN HOLDING
Head Office: Wilgenkampweg 75, 7547RZ Enschede, Netherlands
Registry of Commerce/KRS: KRS 0000136633 \ VAT no: NL 852945401B01
WhatsApp: +31 97005033637
Website: https://vandalenholding.com/
Email: info@vandalenholding.com

BUYER:
Batbaatar Chimedtseren
Representative: Batbaatar Chimedtseren
Delivery Address : 46b Dund Gol street, 17031, Ulaanbaatar Mongolia
Email: Batbaatar.ch@gmail.com
Phone: +976 9907 1318
Mobile: +976 9907 1318

Have mutually agreed as follows:


A. CURRENCY: Funds referenced in this Agreement to be in Euro (€), on the implementation of the transaction.

B. UNDER WARRANTY:
The Seller further represents and warrants that the 20ft container of dr pepper drink (330mlx24) to be sold will be
free and clear of any liens and encumbrances, except for the purchase and the purchase price of the Product.
The Buyer settles an invoice within 48 hours after signed contract.
The Buyer only need to take and pay for faultless products and will have to pay 50% deposit TT bank transfer
payment of the product as initial payment of his order so the Seller could begin with the packaging and loading of his
order and have it ready for delivery.
When the GOODS arrive, buyer will have to check the packaging, the quality and the quantity of the ordered
Goods. The Buyer is obliged to certify in written within 72 hours, that he has accepted and received the Goods
The Seller guarantees full legal responsibility, under penalty of perjury, that he has full power, right, authority and
capacity to enter into this agreement to sell and deliver the 20ft container of dr pepper drink (330mlx24) to the
Buyer.
Here in and such the Plane delivering the 20ft container of dr pepper drink (330mlx24) are from good, clear and
clean sources and do not contravene any of the following LAWS in Holland
1. The Drug Trafficking Act of 1986;
2. The Criminal Act of 1988;
3. The Prevention of Terrorism (Temporary Provisions) Act of 1989;
4. The Criminal Justice (International Cooperation) Act of 1990;
5. The Criminal Justice Act of 1993;
6. Trade Secret of 1979: Economic Espionage Act of 1993 (18 U.S.C. 1839 -3).
7. The Anti-Terrorism Act and the Patriot Act I and II (2003 and latest revisions)

That he the Seller has all power to perform all the Seller's obligations under this contract.

The Seller with full legal responsibility will deliver the 20ft container of dr pepper drink (330mlx24) from the
country of origin to the place determined by the Buyer, paying all the tax costs as agreed with the Buyer.

The Buyer warrants with full legal responsibility, under penalty of perjury, that he is ready, willing and able to
purchase the said Products (20ft container of dr pepper drink (330mlx24) ) with good funds, clean, clear, without
criminal origin and perform all obligations as Buyer under this contract.

C. DESCRIPTION AND SPECIFICATION:

• DR. PEPPER DRINK (330ML)


• SHELF LIFE: 18 MONTHS

D. QUANTITY: 20ft container of dr pepper drink (330mlx24)

E. PACKING: Can

F. PACKAGING TIME: 1 or 2 Days

G. PRICE AND TOTAL PRICE AGREEMENT: CIF: 20ft container of dr pepper drink (330mlx24)
So Buyer will be making an advance payment of 50% TT bank transfer as initial payment of buyer order to kick start
business.

H. PAYMENT TERM: 50% TT against invoice, 50% against shipment when the logistics company must confirm that
the shipment is with them and must also provide you with the tracking codes and provide you with all the shipping
documents.

I. TERMS OF DELIVERY: CIF

J. COSTS AND EXPENSES: All expenses and fees relating to release of the product from the place of origin shall be
covered by Seller, with the confirmation of Payment against proforma invoice from the Buyer.

K. SHIPPING DOCUMENT: Seller will email or fax Buyer to advise the delivery date within 24 hours after the
completion of the loading of the goods on the board of the truck. Seller will advise Buyer the express company and
tracking number via email or fax after express mail.

Seller will be sending the following documents within 2 business days from the delivery date:

1) Originals and copies of signed commercial invoices


2) Originals and copies of Original Inspectorate Certificate analysis by SGS or equivalent
3) Originals and copies of Marine Bill of Lading by International Shipping Company Marked “Clean on Board” and
“Freight Pre-paid”
4) First copy and original copies of Certificate of Origin issued by Holland Government
5) Copies of Export permit certificate from the country of origin as applicable
6) Copies of packing list including gross/net weight and number of ocean Bill of Lading.
7) Original and copy of certificate of insurance issued by primary world insurance company, Which regulates
compulsorily that the reimbursement, in case of loss or damages, shall be made directly in Dollar to the buyer.

L. RECEIPTS, FISCAL NOTES:


The Seller will issue an invoice, packing list, and certificate of origin, bill of landing, SGS, insurance certificate and
other required documentation with each shipment. Title of ownership of each shipment will pass upon transfer of
payment. The Buyer issue a certificate of CONFORMITY and or CUSTOM CLEARANCE upon receipt of Goods
(20ft container of dr pepper drink (330mlx24)) shipments, The Seller and Seller’s bank will send acknowledgement
and receipt of funds.

M. SECURITIES GOODS:
Title property must be passed from the Seller to the Buyer immediately against the notification of payment
confirmation.

N. NON-CIRCUMVENTION, NON-DISCLOSURE :
All parties agree not to disclose the contents of this contract to third parties, not to deceive, nor any attempt to
circumvent any party for a period of TWELVE MONTHS (12) in accordance with I.C.C Regulations.All required
legal notices or other communications that are required to be given shall be in writing and must be sent either by
certified mail or by any courier service with return receipt of confirmation of the delivery of the mail. Such notices
shall be sent to full address shown in this contract. This Agreement binds all parties and their associates, affiliates
and / or assigns, or any other persons who are involved in this operation. This Agreement is binding on the parties
hereto, their successors and assigns and is signed with full authority to act. Neither Party will make any part of this
contract or information about this contract public or available to any other party, for reasons of security.

O. APPLICABLE LAW AND JURISDICTION:


Any dispute out of or in connection with this Agreement or related to the same will be mediated by arbitration
subject to Holland Federation and Holland law and mediation and arbitration as elected this contract according to
the fast-track rules and regulation of the International Chamber of Commerce.

End of this Agreement.


Seller’s signature
Buyer`s Signature
Mrs. Thomas Johnsons
Sales Manager
Sales & Export Department
VAN DALEN HOLDING

You might also like