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PRIVATE SALE AND PURCHASE AGREEMENT FOR GOLD DORE BARS - TRADE TO PPRICE

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PRIVATE SALE AND PURCHASE AGREEMENT FOR GOLD DORE BARS

Or & Métaux


CONTRACT CODE: GTGL–00302365/2019 Via C.SAB

 
PRIVATE SALE AND PURCHASE AGREEMENT FOR GOLD DORE BARS
 
 
This Sale and Purchase Agreement for Gold Bars is made and entered into on the July 23RD ,2019
 
 
         
 
SELLER

COMPANY NAME
ADDRESS
COUNTRY
REPRESENTED BY
DESIGNATION - TITLE
PASSPORT No.
TEL/ FAX No.
E-MAIL
        
        
Here in after referred to as the Seller

BUYER

COMPANY NAME
ADDRESS
COUNTRY
REPRESENTED BY
DESIGNATION - TITLE
PASSPORT No.
TEL/ FAX No.
E-MAIL

COMPANY NAME
ADDRESS
COUNTRY
REPRESENTED BY
DESIGNATION - TITLE
PASSPORT No.
TEL/ FAX No.
E-MAIL
        
Here in after referred to as the Buyer


WHEREAS

The Seller has at his free disposal GOLD in the form of Dore Gold Bars, hereinafter referred to as “Raw Gold”, which he is prepared to sell to the Buyer for refining.

The Buyer is entitled and willing to engage in a FOB TRANSACTION BUYING of Dore Bars into Seller’s Country purchase on a (12) twelve-month supply R&E.

NOW,THEREFORE: The Parties agree to the Terms and Conditions as follows:


SPECIFICATIONS

         
Commodity: Aurum   Utalium (AU)
            
Form: Gold Dore   Bars
            
Gold Fineness/Purity: 96.5 %, 22 Ccarats
            
Quality: After   Refinery process at Buyer expenses hallmarked gold quality Certification, purity 999.95 % or better
            
Weight: 1 Kg Bars   & 5 Kg Bars
            
Origin: Rough   product from mining operation of  Ghana   Gold Mines be  
   refined at Buyer´s expenses
            
Packing: In a   strong Metal Safe box with Buyer’s company Name Attached
            
Shipping: Buyer concerned FOB transaction
            
Transaction: Open Market Private Sale (Not GLD System).
            
Agreement Duration: 24 months
            
Quantity: 8400 kg (Height Thousand Four Hundred)year or   more with R&E
            
Delivery Schedule: First   month, trial order of 10 to 100 kg per day AU or more every day,
   agreed between buyer and seller for 12   months R&E
            
Delivery: DAP   INCOTERMS 2010.
            
Buyers Destination:
        
            
Refinery: Ghana
            
Price per KG $31,000 FOB
            
Commission: SELLER’S   side: $1000 per kg, will be paid by the Seller and
  
BUYER’S   side: 0% per kg will be paid by the Seller.
            
Product History: Clean, Clear, no liens and non-Criminal Origin

         
Terms: Exact   quantity, quality, purity, and nature may be determined
  
and   confirmed based on the Assay Report issued by final refinery
  
destination.
            
Currency: United States Dollars / US$ [USD]
            
Payment: 100% Swift Wire Transfer After assay report   – SWIFT MT103 Bank  
   to Bank - (within max.3 banking days   upon issuance of the Assay
   Report
) less the cost of shipment according the   invoices from the
   shipment company


 
DOCUMENTS
 
 
The Seller shall be responsible for the provision of any and all documents relating to the gold supplied and required for the export of the gold to the designated consignee of the Buyer.
 
To this end, the Seller shall upon the sealing of the assayed gold at GHANA GEOLOGICALSURVEY DEPARTMENT be responsible for the provision of all of but not limited to the following documents:
 
• Commercial Invoice from the Seller stating the value of thegoods
 
• CertificateofOrigin
 
• CertificateofOwnership
 
• Declarationthatgoodsarefromnon-criminalsourceandfreeofallliens/encumbrances
 
 
PROCEDURE

1 Buyer and Seller agreed to the terms and conditions set forth
2 Buyersignsthe SPA, and return itwith a copy of the Buyer’s Mandate passport
3 Seller and Buyer/Buyer’s Mandate arrange on a time and date to meet in Accra
4 Buyersends a copy of the Buyer’s Mandate air ticket to the Seller
5 Buyer/Buyer’s Mandate meet the Seller on arrival in Accra to discuss the time to meet at GHANA GEOLOGICALSURVEY DEPARTMENT
6 After the abovementioned meeting, Seller arranges for gold to bedelivered to GHANA GEOLOGICALSURVEY DEPARTMENT
7 Immediatelyafterassay at GHANA GEOLOGICALSURVEY DEPARTMENT, the Buyer pays via MT103 Or Cash
8 Once money reflects in Seller’sbankaccount, ownership of the productwillautomaticallybetransferred to the Buyer
9 Buyer’s Mandate thentakesownership of the product and to arrange for ALL export mattersincluding all documentation, all safetymeasures and all transport. Abovementionedcosts, as well as assay at GHANA GEOLOGICALSURVEY DEPARTMENT, willbe for the account of the Buyer.

 
PENALTY FOR DEFAULT:
 
a)  The Seller further undertakes to reimburse the Buyer on demand all monies paid consequent upon this agreement plus a penalty of $10,000, should the Seller default in its obligation or warranties hereunder, particularly in the event that the export of the gold purchased is unsuccessful owing to the default of the Seller to provide proper, genuine, appropriate and sufficient documentation.
 

b)
In the event that the Seller fulfils all its obligations and the Buyer defaults in its obligations or warranties hereunder, the Buyer undertakes to reimburse the Seller all sums spent pursuant to the fulfilment of its obligations under this agreement plus a penaltyof $10,000.
 

c)
 NOTE: THE GOLD DORE BARS REMAINS IN THE SELLER’S NAME AND POSSESSION UNTIL PAYMENT REFLECTS IN SELLER’S BANK ACCOUNT.
 
Buyer’s Mandate/Intermediaries, as well as Seller’s Mandate/Intermediaries, will not beheldresponsible for anyfinanciallosses (or damages) incurred by either Seller or Buyer - should one of these parties default on thiscontract.
 

BothBuyer and Seller to sign and acceptthis Agreement by close of business Tuesday23June 2019, and the Commencement Date of this Agreement shallbevalid for 5 workingdaysfrom the date of its signature by all the Parties hereto.
 

I, the Buyer/Buyer’s Mandate AYED KHELIL (copy of mandate letter to beattached to signedcontract) isReady, Willing and Able to buy and pay for the
AU (Gold Bars) offered in this SPA whichisreturneddulysigned and sealed and accompaniedwith a copy of the Passport of the Buyer Mandate whowilltravel to Accra, Ghana.
 

BANKING COORDINATES
SELLER

BANK NAME
ADRESS
ACCOUNT NAME
IBAN NUMBER
ACCOUNT NUMBER
SWIFT CODE
BANK OFFICER
BANK TEL
BANK OFFICER EMAIL
SIGNATORY

BANKING COORDINATES BUYER
BANK NAME
ADRESS
ACCOUNT NAME
IBAN NUMBER
ACCOUNT NUMBER
SWIFT CODE
BANK OFFICER
BANK TEL

 
Non-Disclosure and Non-Circumvention& Exclusivity Right.
 
 
1            The parties agree not to disclose the contents of this contract to any thirdParty.
 
2            Each party irrevocably agrees not to circumvent the other party by contacting third parties who have become known to them by the other party directly or indirectly and to immediately notify the other party should such an attempt be made.
 
 
VALIDITY OF DOCUMENTS
 
The parties acknowledge the legal validity of documents transmitted in the following ways:
 
a)        Email
 
b)      Registered airmail or courier

 
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
 
 
APPLICABLE LAW AND VENUE.
 
Governing Law: This Agreement is a legal agreement and subject to International Chamber ofCommerce (ICC) law. which shall be deemed to be executed in London, UK. If Collateral Provider has any questions or doubts, Collateral Provider is to contact Collateral Provider’s independent financial advisor prior to signing.
 
 

SIGNING PAGE:

 
FOR THE SELLER:
 
Signatory:
 
Company:
 
Title: DIRECTOR
 
Passport NR :
 Nationality:  GHANA


 
FOR THE BUYER:
 
Signatory:
 
Company: G
 
Title:
 
Passport NR :
 Nationality:  



 
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