You are on page 1of 6

Contract No.

: PITI-003, Dated:7/04/2012

No. 2012/PITI-003 July 04, 2012 THE BUYER : MINHLINH COMPANY LTD,(MILICO) 306-C6A Quynhloi Street ,HaiBaTrung Dist. Hanoi, Vietnam Represented by Mr : Nguyen Ngoc Minh/Director

THE SELLER: PLATINUIM INTERNATIONAL TRADING INC. Unit 327 Eagle Court Condo. #26 Matalino St. Diliman Quezon City ,Phillipines Tel no. 00632-4424464 Fax no. 0632-9901613 Represented by : Mr Jordan Zuniga/ Vice President It is hereby agreed to between the Buyer and the Seller, whereby the Buyer agrees to buy and the Seller agrees to sell the following material within the following mentioned terms and conditions: ARTICLE 1: COMMODITY, QUALITY AND QUANTITY 1.1 Commodity: Copper wires scraps (Millberry ) 1.2 Quality: As per ISRI Specification Copper Millberry min. 99.7% ~99.9% Copper The commodity shall consist of clean, untinned, uncoated, unalloyed copper wire and cable, not smaller than No. 16 B & S wire gauge, free of burnt wire which is brittle. The commodity is clean, free from wood, weapons, ammunitions, explosives, radioactive contamination, and hazards of any kind. 1.3 Origin: Phillipines 1.4 Quantity: 40MT +/-10% at the Sellers option 1.5 Packing: by p.p. Jumbo bags (about 0.8~1.2 MT per bag),in ocean containers ARTICLE 2: PRICE 2.1 Unit price: USD5,200.00/ MT CFR JNPT, Nhavasheva , sea port, India (Incoterms 2010) 2.2 Total amount: USD208,000.00 (+/-10%) Says: US Dollars Two hundred and eight thousands ( plus/ minus ten percent is acceptable). 2.3 Invoicing: based on actual net weight at loading port. ARTICLE 3: PAYMENT

- Within 15 ( fifteen) working days after contracts date, the Buyer shall open, with the
Seller as Beneficiary, a full operative, workable, irrevocable, transfered documentary letter of credit (L/C) usance 30 days after the arrival of the shipment into India , physical inspection for quality, quantity and after a second SGS which will be made and subject to matching of the SGS made at the loading port payable at sight for 100% of contract value and advised through: Advising bank: EASTWEST BANKING CORPORATION ACCOUNT NO : 004370001516 SWIFT CODE : EWBCPHMM

100% of Invoice Value is 30 days usance paid against the first presentation with following documents :

Contract No.: PITI-003, Dated:7/04/2012

1) Full set (3/3) of original Negotiable clean shipped on board Bill of Lading, marked "Freight Prepaid" made out to order of the Buyer showing the name of loading port and country, container No., container size, seal No. and net weight, marked "Stowed under deck" further more marked "freight prepaid" evidencing shipment from Manila Port, PHILIPPINES to JNPT Port, Nhavasheva in INDIA.Bills of Lading with remarks "Materials partly rust stained / rusty edges/ wet before shipment/rust stained/ some rusty edges" and/or "unprotected cargo" and/or "said to be" and/or "said to weigh" and/or "stored in open area prior to loading" are not acceptable. Bills of Lading to give details of the contracted materials with quantity 2) 3/3 original of Commercial Invoice issued by the Seller based on net weight. 3) 3/3 original detailed Packing List issued by the Seller showing container No., container size, seal No., total container, total net weight of each container and total net weight of each shipment. 4) Original Certificate of Analysis, Quality and Quantity issued by the SGS/ at the loading port in 01 original and 02 copies. The SGS, at the loading port should inspect every bag and container of the material and certify that they are in conformity with the ISRI specification Milberry and that they confirm to the conditions of the articles 1.1, 1.2 and 1.4 of this contract. SGS should certify that the materials were inspected prior to loading at the load port and that the same were as per requirements of the contract That the Quantity loaded on board the vessel (name of loading port and country, container No., container size, seal No. shipping mark and net weight,) is in conformity of the article 1.4 of this agreement. That the materials were loaded on board the vessel without apparent damage and were found to be in good order and condition. That the loading was done under their supervision, and were properly lashed and secured inside the hatches / holds of the vessel. Remarks such as "materials partly rust stained/ rusty edges/wet before shipment/ rust stained/ some rusty edges" and/or "stored in open area prior to loading" and/or "unprotected cargo" appearing on Pre-shipment Inspection certificate are not acceptable. 5) Original Certificate of Origin issued by the the Phillipines Chamber of Commerce and Industry in 01 original and 02 copies. 6) Beneficiarys certificate certifying that Shipping Advice showing the name of shipping line and the shipment particulars has been faxed/emailed to the Buyer within 05 working days after B/L date. 7) Beneficiarys certificate certifying that one set of non-negotiate shipping documents have been sent directly to the Buyer by express courier within 05 working days after B/L date. 8) Original Certificate of Analysis, Quality and Quantity issued by the SGS at the port of discharge confirming that the quality and quantity is the same as that was shipped and there is no deviation in the Quality and Quantity as mentioned in the first SGS issued at the loading port. Instruction for the LC: - All charges inside Vietnam are on buyers account, and all charges outside of Vietnam, including the confirmation charges ( if any) and reimbursement charge are on sellers account. Charge for amendments, if any, are for the account of party who requests.

Contract No.: PITI-003, Dated:7/04/2012

- TT reimbursement is NOT allowed. - LC must allow +/-10% on quantity/amount. - Third party document acceptable except Invoice and Draft. - All shipping documents must show L/C date and number - B/Lading must be issued by the shipping line or theirs agent, in which show full particulars of the shipping agent in India - Forwarders B/L is NOT acceptable, B/L must be the master B/L issued by the shipping line - Bill of lading which issued by SAFMARINE and CSAV is not acceptable. - Documents to be presented for negotiation within 15 days after shipment date but within the validity of this L/C. - L/C to be subject to Uniform Customs and Practice for Documentary Credits, 2000 revision, ICC publication No.600. ARTICLE 4: SHIPMENT AND DELIVERY 4.1 The lastest shipment : within 15 working days after the LC date 4.2 Loading port 4.3 Discharge port 4.4 Partial shipment 4.5 Transshipment : : : : Manila, Phillipines JNPT , Nhavasheva , sea port, India not allowed not allowed.

4.6 Notice of shipment: Right after shipment and not later than 05 days from the sailing of the cargo ship to Vietnam, Seller shall advice Buyer by fax/email of the following information: Total container, Total net Weight, Loading port, Name of vessel, Bill of lading Number and date, ETA, ETD. 4.7 In case the cargoes already arrived to India port but the original shipping documents have not arrived to the issuing bank, the Seller must be paid the arising charges ( if any). 4.8 Seller should ensure that the carrier is allowing demurrage free retaining time of 14 days after the arrival of the shipment, to transfer the shipment to the buyers wharehouse. ARTICLE 5: PERFORMANCE BOND 5.1 The Sellers Bank will issue a operative Performance Bond (PB) of 2% of the shipment contract value within 03( three) working days after the LC date. This said PB will be issued by First Class Bank with advised through Buyers Bank. This PB will be a Bank Performance Guarantee to cover the event of the Seller failing to fulfill the contract. The PB will be unconditioned paid to the Buyer after the PB issuing Bank received a writing statement from the Buyer states that the Seller is in breach of his obligation(s) under the underlying contract. Such written demand and statement shall be accepted as conclusive evidence that the amount claimed is due to the Buyer under the guarantee. Expiry date of Performance Bond is 30 Sept. 2012 5.2 . Documents which the Buyer must present in order to get Performance Bond: - A statement purportedly signed by an authorized representative of the Buyer stating that the Seller is in breach of his obligation(s) under the underlying contract - A copy of an operative L/C issued by the Buyer's Bank. - The original Performance Bond

Contract No.: PITI-003, Dated:7/04/2012

ARTICLE 6: CARGO INSPECTION AND CLAIM At Buyers expense, the Buyer, at his option, will be entitled to inspect Quality/Weight of the commodity after arrival at discharging port and/or Buyers warehouse by SGS or Intertek. In case the Quality/Weight of delivered commodity are found by the Buyer to be not in conformity with the stipulation of the contract, the Buyer may send original Survey Reports by email or by express courier to the Seller within 35 days after completion of discharging at Buyers warehouse and/or at the discharging port. Claim may be sent after completion of discharging of total contract quantity or each shipment at the Buyers option. Once these claims have been received by the Seller from the Buyer, the Seller shall notify the Buyer whether or not quality claims can be accepted within 07 banking days after receipt of the claims. If accepted, the confirmed claim must be paid by T/T within 07 banking days hereafter or deducted on the balance of invoice value. If not accepted, the claims shall be settled in accordance with Article 10 Arbitration. Inspection Results for Quality and Weight are carried out at discharging port and/or Buyers warehouse at Buyers option shall be final and binding on both Contracting Parties. ARTICLE 7: INSURANCE Marine Insurance covering the cargo will be taken by the Buyer at his expense. ( In case B/L date is before contracts date, the Seller is responsible and compensate for 110% of Invoice value to the Buyer for any arising damages of cargoes/ shipment happen before Contracts date. Damages/ risks occur after this Contracts date are for the Buyers side). ARTICLE 8: FORCE MAJEURE The Force Majeure ( Exemption) clause of the International Chamber of Commerce ( ICC Publication No.421) is hereby incorporated in this contract. In case of Force Majeure, the Seller must submit to the Buyer a Original Certificate issued by Chamber of Commerce and Industry at origin country as evidence thereof within 07 working days from the date of occurrence of Force Majeure. ARTICLE 9: CONFIDENTIALITY, NON DISCLOSURE AND NON CIRCUMVENTION. All financial, commercial and other information connected with the present contract that is granted by the parties to each other shall be considered confidential. Only under mutual agreement the Parties shall be entitled to disclose the above information to third parties in case of involving them into the activity which requires the knowledge of such an information and only to the extent which is necessary for the implementation of the contract. The restriction in respect of the divulgence of information do not apply to the information open to general use or to the information that became open to general use later or not through the partiers fault as well as to the information that became known to a party from other sources before or after receiving it from the other party. The duty of proving the breach of the provision of the present Clause shall be imposed on the Party which claims such a breach. Terms and conditions of Incoterms 2010 edition applicable. This contract incorporation usual Non-circumvention and non-disclosure rules and regulations established by International Chamber of Commerce, which are to be respected at all times.

Contract No.: PITI-003, Dated:7/04/2012

ARTICLE 10: ARBITRATION In case of dispute and if the contracting parties can not reach any amicable settlement of any claim concerning this contract, the case will be referred to the International Arbitration Center in Vietnam in accordance with its Arbitration rules for final settlement. The decision taken by this arbitration will be final. All fees and expenses occurred from this arbitration shall be borne by the losing party. The language to be used in arbitral proceedings shall be English. ARTICLE 11: ADDITIONAL CONDITIONS This contract comes into effect since the date of signing and both parties undertake to execute strictly all the terms and conditions. All previous agreements shall become null and void. Any changes or amendments to this contract shall be made in writing and subject to prior approval from both parties. In case the shipments are forced to re-export due to the cargoes do not match Quality requirements as per Artilce 1, the Buyer has the right to return the cargoes and the Seller must bare all arising charges. published by the International Chamber of Commerce.

- The UCP lastest revision shall apply to this contract as well as INCOTERMS 2010 as - Signing via fax/ or email is acceptable. This contract is made in English language in 02
originals, one to be held by each party. FOR THE SELLER FOR THE BUYER


Bank name:VIETCOMBANK Address: 198 Tran Quang Khai st., Hanoi, Vietnam Account holder'sname:MinhLinh Company Ltd. Account number: 0011370389412 Swift code: BFTWNVX

Contract No.: PITI-003, Dated:7/04/2012