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PRIVATE SALES AND PURCHASES AGREEMENT - TRADE TO PRICE

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PRIVATE SALES AND PURCHASES AGREEMENT

Trade & Contrats > Maquettes Contrats
Facilitator    TRADE TO PRICE   Group Paris-Direct

PRIVATE SALES AND PURCHASES AGREEMENT
CIF WITH A CL / DLC FINANCIAL INSTRUMENT TO BE SET UP

Offer 1st October 2019


REF: PBXXX 20191001



 
VIA NAME: xxxxxxxxxxxxxxxxxxxxx
 
PASSEPORT Number:
 
TELEPHONE:
 
MAIL:

 
TRANSACTION CODE & REFERENCE NUMBER
 
DATE OF ISSUE:
 
SELLER’S CODE:
NCNDA & IMFPA CODE :
 
CONTRACT NUMBER:  


AS THE SELLER:
NAME:
PASSPORT NO:
COMPANY:
COMPANY REGISTRATION NO:
ADDRESS:
TELEPHONE:   
                       
AS THE BUYER:
Full Name of Corporation: XXXXXXXXXXXXXXXXXXX
Date of Incorporation:  XXXXXXXXXXXXXXXXXXX
Registration Number:  XXXXXXXXXXXXXXXX
Board of Directors : XXXXXXXXXXXXX
Street Address: XXXXXXXXXXXXXXX
City: XXXXXXXXXXXXXXXXXX
State: XXXXXXXXXXXXXXXXXX
Country:  XXXXXXXXXXXXXXXXXX
Postal Code: XXXXXXXXXXXXXXX
Contact Information (Corporation)
Telephone: XXXXXXXXXXXXXXXXXX
Email Address: XXXXXXXXXXXXX

WHEREAS, THE SELLER, WITH FULL LEGAL AND CORPORATE RESPONSIBILITY AND UNDER PENALTY OF PERJURY, DOES HEREBY ASSERT AND WARRANT THAT HE HAS IN HIS POSSESSION GOLD BARS (AU) FORM PHYSICAL DOCUMENTATION AVAILABLE FOR SALE AND WILL PROVIDE FORMAL AND LEGAL DOCUMENTS EVIDENCING THE EXISTENCE OF THE COMMODITY ITS ORIGIN AND ITS OWNERSHIP AND HEREBY DECLARES THAT HE IS READY WILLING AND ABLE TO SELL THE HEREIN MENTIONED GOLD BARS (AU) TO BE PAID IN USA DOLLARS, AND,

WHEREAS, THE BUYER WITH FULL LEGAL AND CORPORATE RESPONSIBILITY AND UNDER PENALTY OF PERJURY DOES HEREBY ASSERT AND WARRANT THAT HE HAS LEGAL FUNDS TO PURCHASE, DENOMINATED HEREIN IN US DOLLARS, WHICH ARE GOOD, CLEAN, AND CLEAR AND OF NON-CRIMINAL ORIGIN, AND IS ABLE TO, UPON EVIDENCE OF THE SELLER’S COMMODITY, PROVIDE BANKING CAPABILITY, AND FURTHERMORE, DECLARES THAT HE IS READY, WILLING, AND ABLE TO BUY THE HEREIN MENTIONED GOLD BARS (AU) SUBJECT TO SUCCESFULL DELIVERY AND ASSAY OF THE GOLD BY THE BUYERS REFINERY.

COMMODITY: AURUM UTALLIUM (AU) RAW MATERIAL, IN GOLD DORE/BARS
QUALITY OF THE COMMODITY: **PURITY OF 95.7% OR BETTER **FINESSE OF 22 PLUS CARATS **FINAL ASSAY REPORT TO BE MADE AT AND BY BUYER'S NOMINATED REFINERY, THIS VALUE SHALL BE ACCEPTED BY BOTH THE SELLER AND THE BUYER.
PRICE: LBMA MINUS 10% PER KG. - ( Price with reference to refined gold 24ct, 999.5 fineness)
ORIGIN/LOCATION: GHANA
QUANTITY:  500 KG PER MONTH WITH ROLLS & EXTENSION
FIRST TRIAL QUANTITY: 20KG
SECOND TRIAL QUANTITY: 100KG
PACKING: 100KG PER PACK THE PRODUCT WILL BE SHIPPED IN BOXES
COMMISSIONS: INTERNAL APPROVAL (TYPE NCNDA & IMFPA) FOR EACH PARTY

DELIVERY TERMS

THE SELLER IS RESPONSIBLE TO ALL COST OF TRANSPORT THE CONSIGNMENT TO THE BUYER’S DESTINATION, COST OF EXPORT DOCUMENTATION FEES, TAXES AND STANDARD FEES OF COUNTRY OF ORIGIN. CUSTOM DUTIES IN THE COUNTRY OF REFINING WILL BE PAID BY THE BUYER, AND THE SELLER WILL CREDIT THE BUYER THE AMOUNT HE PAID FOR THE TAX IN THE AIRPORT, FROM THE TOTAL PRICE OF THE GOLD AFTER THE ASSAY.

THE GOLD WILL BE DEPOSITED INTO THE REFINERY ACCOUNT OF THE BUYERS AND THE GOLD WILL THEN BE TESTED AND ASSAYED AS TO THE ORIGINAL PURITY OF 95.7% AND BETTER AND FINENESS OF CARAT 22 PLUS OF GOLD BARS HAS BEEN ASSAYED AND CONFIRMED BY BUYER’S REFINERY.

DELIVERY WILL BE FOLLOWED WITHIN THE FOLLOWING 12/15 DAYS OF AUDITING AND AUTHENTICATION OF THE PURCHASER AND AFTER SETTING AGREEMENTS AND VERIFICATIONS OF THE BLOCKED FUNDS FOR THE FIRST TRIAL AND SETTING UP OF THE BANKING INSTRUMENT FOR THE SECOND TRIAL AND FOR

FOLLOWING DELIVERIES(DETAILS TO BE DECLARED)

TERMS OF PAYMENT

FOR THE FIRST DELIVRERY SHIPMENT OF 20KG DELIVERED IN DUBAI (QUANTITY TO BE AGREED UPON) THE BUYER WILL SHOW A BLOCKED PROOF OF FUND FOR THE AMOUNT OF GOLD DELIVERED
THE FIRST DELIVERY WILL BE IN PLACE BEFORE 12/15 DAYS ACCORDING TO THE VERIFICATION OF SELLER OF PROOF OF BLOCKED FUND OF BUYER  
THE BUYER WILL MEET THE SELLER IN DUBAI IN HIS REFINERY, TEST THE PRODUCT AND IF PRODUCT ACCEPTED WILL PAY THE AMOUNT CASH. FOLLOWING A SUCCESSFUL TRIAL SHIPMENT THE BUYER WILL HAVE A TTM WITH THE SELLER WHILE IN DUBAI AND DISCUSS/FINALIZE A LONG TERM CONTRACT WITH THE SELLER WITH LC/DLC FINANCIAL INSTRUMENT TO BE PUT IN PLACE.

FOR SECOND DELIVERY AND FOR DELIVERIES SUIVANTED, THE TOTAL PAYMENT  DUE WILL BE MADE BY CASH WIRE TRANSFER MT103 WITHN 72 HOURS (3 BANKING DAYS) AFTER PRESENTATION OF ASSAY REPORT BY BUYERS REFINERY.

THE BUYER WILL ISSUE TO THE SELLER AN INVOICE OVER THE QUANTITY STATED IN THE ASSAY REPORT. THIS INVOICE SHALL BE FOR THE PURCHASE PRICE AS PER THE AGREEMENT. THE PAYMENT SHALL BE FROM THE BUYER’S BANK BY SWIFT TO THE SELLER’S NOMINATED ACCOUNT(S). THE BUYER WARRANTS THAT THE PAYMENT TIME SHALL NOT EXCEED 72 HOURS (3 BANKING DAYS) AFTER RECEIPT OF FINAL ASSAY REPORT FROM THE REFINERY

REFERENCED FUNDS IN THIS AGREEMENT TO BE WIRED ARE UNITED STATES DOLLARS.
COMMISSION
Commissions must be paid to the Agents, Intermediaries and Facilitators who have allowed or facilitated the completion of this transaction and future transactions, they will be charged and paid by the Vendor for traders quoted Seller and the Charge and paid by the Buyer for the Stakeholders listed by the buyer.
Commissions will be the subject of an Internal Approval Type NCNDA & IMFPA for the Purchaser side and an Internal Approval Type NCNDA & IMFPA for the Vendor side.For the good form, the code NCNDA & IMFPA will have to figure on the contract of sale
CIF DELIVERY PROCEDURE WITH LC/DLC FINANCIAL INSTRUMENT (TO BE PUT IN PLACE)
PRICE: LBMA MINUS 10% PER KILOGRAM - (Price with reference to refined gold 24ct, 999.5 fineness)
QUANTITY: 500 KG PER MONTH WITH ROLLS & EXTENSION
FIRST TRIAL QUANTITY: 20KG
SECOND TRIAL QUANTITY: 100KG
QUALITY/PURITY: GOLD BAR, 95.7% & 22 CARATS PLUS.
ORIGIN & LOCATION: GHANA.
COMMISSIONS: INTERNAL APPROVAL (TYPE NCNDA & IMFPA) FOR EACH PARTY

1.BUYER AND SELLER SIGN THE SALES AND PURCHASE AGREEMENT (SPA) AND IMFPA.
2. SELLER SENDS SKR, ASSAY REPORT, ORIGINATION OF GOLD DOCUMENTS, VIDEO CLIPS AS POP (PROOF OF PRODUCT) TO BUYER F
3. THE PURCHASER'S BANK SENDS A PRE-ADVICE NOTICE TO THE SELLER'S BANK BEFORE SENDING THE PROOF OF BLOCKED FUNDS AS A GUARANTEE OF PAYMENT AFTER TOTAL SHIPMENT OF THE FIRST TEST.
4. WITHIN 10/12 BUSINESS DAYS AFTER RECEIPT AND SUCCESSFUL CONFIRMATION OF MT799 SWIFT BLOCKED FUNDS FOR TOTAL SHIPMENT THE SELLER SHALL DELIVER THE FIRST TRANCHE OF GOLD TO THE BUYERS DESIGNATED REFINERY.
5. THE SELLER WILL PROCESS AND PAY FOR ALL PAYABLE FEES IN GHANA THE COUNTRY OF GOLD ORIGIN AND SELLER DELIVER TO BUYER DESTINATION COUNTRY.
6. SELLER SEND ALL DOCUMENTS RELATED TO SHIPMENT TO BUYER 72 HOURS BEFORE DEPARTURE
7. SELLER/REPRESENTATIVE WILL BE ON BOARD OF THE SAME FLIGHT WITH THE GOLD AND THE AIRLINE FLIGHT INFORMATION WILL BE SENT TO THE BUYER AND/OR BUYERS REPRESENTATIVE BY EMAIL/TEXT MESSAGE.
8. FOR THE FIRST DELIVERY OF 20KG TO DUBAI (QUANTITY TO BE GRANTED), THE PURCHASER WARRANTS THAT PAYMENT WILL BE MADE NO LATER THE DAY AFTER RECEIPT OF THE FINAL CHECKLIST OF THE BUYER'S REFINEMENT WITH CONSENT OF THE SELLER.
9. FOR THE SECOND TEST AND FOR THE FOLLOWING DELIVERIES, THE PURCHASER WARRANTS THAT THE PAYMENT WILL BE FROM THE BANK OF THE BUYER BY SWIFT MT103 TO THE ACCOUNT (S) NAME OF THE SELLER SUBMITTED TO THE SELLER DELIVERING THE GOLD TO THE SUBSCRIBER OF PURCHASER, ACCEPTANCE OF THE GOLD BY THE PURCHASER OF THE PURCHASER AND AT THE END OF THE AUDIT REPORT. BY THE REFINERY OF THE BUYER.
THE PAYMENT PERIOD WILL NOT EXCEED 72 HOURS (3 DAYS BANK) AFTER RECEIVING THE FINAL AUDIT REPORT OF THE BUYER'S REFINING WITH CONSENT OF THE SELLER.

NOTICES

ANY AND ALL NOTICES REQUIRED TO BE GIVEN BY ONE PARTY TO THE OTHER PARTY TO THIS AGREEMENT SHALL BE IN WRITING AND BY POSTING THE SAME DAY BY CERTIFIED/RECORDED POST AT THE ADDRESS OR ADDRESSES AS STATED HEREIN AND COPIED BY FACSIMILE OR EMAIL, DIRECTLY TO THE PARTIES REFERENCED HEREIN FOR NOTIFICATION.
SELLER’S EMAIL:
BUYER’S EMAIL: XXXXXXXXXXXXXXXXX

REFERENCE

EACH SHIPMENT AND DELIVERY SHALL BE IDENTIFIED WITH ALL APPROPRIATE CONTRACT REFERENCE CODES AND NUMBERS, THE FOLLOWING DOCUMENTS AND OTHERS WILL BE ACCOMPANIED WITH EACH SHIPMENT
TITLE TO GOODS

AURUM UTALLIUM (AU) RAW MATERIAL, IN GOLD DORE/BARS



NOTICES

ANY AND ALL NOTICES REQUIRED TO BE GIVEN BY ONE PARTY TO THE OTHER PARTY TO THIS AGREEMENT SHALL BE IN WRITING AND BY POSTING THE SAME DAY BY CERTIFIED/RECORDED POST AT THE ADDRESS OR ADDRESSES AS STATED HEREIN AND COPIED BY FACSIMILE OR EMAIL, DIRECTLY TO THE PARTIES REFERENCED HEREIN FOR NOTIFICATION.
SELLER’S EMAIL:
BUYER’S EMAIL: XXXXXXXXXXXXXXXXX

REFERENCE
EACH SHIPMENT AND DELIVERY SHALL BE IDENTIFIED WITH ALL APPROPRIATE CONTRACT REFERENCE CODES AND NUMBERS, THE FOLLOWING DOCUMENTS AND OTHERS WILL BE ACCOMPANIED WITH EACH SHIPMENT
TITLE TO GOODS

AURUM UTALLIUM (AU) RAW MATERIAL, IN GOLD DORE/BARS
THE SELLER AND THE BUYER EACH DECLARE UNTO ONE ANOTHER THAT THE AU COMMODITY OFFERED HEREIN FOR SALE, AND THE ORIGIN OF THE FUNDS USED FOR PURCHASING THE AU COMMODITY, DO NOT CONTRAVENE: THE DRUG TRAFFICKING OFFENCES ACT 1986, THE CRIMINAL ACT 1988, THE PREVENTION OF TERRORISM (TEMPORARY PROVISIONS) ACT 1989, THE CRIMINAL JUSTICE (INTERNATIONAL CO-OPERATION) ACT 1990, THE CRIMINAL JUSTICE ACT 1993, AND THE MONEY LAUNDERING REGULATIONS 1993, OR ANY OTHER ILLEGAL OR CRIMINAL ACTIVITY, AND ACCORDINGLY EACH PARTY TO THIS AGREEMENT INDEMNIFIES EACH OTHER AGAINST ANY SUCH ALLEGATIONS, WHICH MAY OR MAY NOT BE MADE IN THE FUTURE.   

FACSIMILE/EMAIL COPIES
THIS AGREEMENT SHALL BE ACCEPTED TO BE LEGAL AND BINDING BY BOTH PARTIES IF EXECUTED AND SENT BY FAX AND/OR EMAIL DIRECT TO THE PARTIES CONCERNED AT THE NUMBERS CONTAINED WITHIN THIS AGREEMENT.

ETHICS (NON-CIRCUMVENTION AND NON-DISCLOSURE)
BOTH BUYER AND SELLER ACKNOWLEDGE THAT THE HARM TO THE OTHER PARTY WOULD BE SUBSTANTIAL AND THEREFORE THE SELLER AND THE BUYER AGREE TO ABIDE BY THE CUSTOMARY INTERNATIONAL RULES OF NON-CIRCUMVENTION AND NON-DISCLOSURE AS ESTABLISHED BY THE INTERNATIONAL CHAMBER OF COMMERCE (ICC).  GHANA  FOR A PERIOD OF 05 (FIVE) YEARS FROM THE DATE HEREOF AND SAID NON-CIRCUMVENTION AND NON-DISCLOSURE SHALL INCLUDE, BUT NOT BE LIMITED TO COMMUNICATING WITH EACH OTHER’S BANKS, REFINERY, REPRESENTATIVES OF BUYER, DEALING WITH CUSTOMS, BROKERS OR SELLER’S MANDATE. THE UNDERSTANDING AND ACCORD OF THIS SUBPARAGRAPH WILL THE TERMINATION OF THIS AGREEMENT.


BINDING AUTHORITY
THIS AGREEMENT IS BINDING UPON THE PARTIES HERETO, THEIR ASSIGNS AND SUCCESSORS AND IS SIGNED WITH FULL AUTHORITY TO ACT.

SELLER’S FINANCIER FOR LC/DLC FINANCIAL INSTRUMENT (BANKING DETAILS) :
USD ACCOUNT
   
BANK NAME
     
BANK ADDRESS
     
BANK CODE
     
BANK SWIFT CODE
     
ACCOUNT NAME
     
ACCOUNT NUMBER
     
CHIP UID
     
BANK OFFICER NAME
     
BANK OFFICER TELEPHONE NUMBER


BUYER’S BANKING DETAILS
BANK NAME: XXXXXXXXXXXXXX
Address: XXXXXXXXXXX
IBAN Account € Euro: XXXXXXXXXXXXX
IBAN Account $ Dollar: XXXXXXXXXXXX
SWIFT CODE: XXXXXXXXXXX


BREACH OF CONTRACT AND TERMINATION NOTICE

IF ANY PARTY TO THIS AGREEMENT SHOULD MAKE UNAUTHORIZED CONTACT WITH THE BANK OF THE SELLER OR THE BUYER, SUCH CONTACT SHALL BE CONSIDERED INTERFERENCE WITH THIS AGREEMENT AND SHALL AT THE OPTION OF THE BUYER OR THE SELLER, CONSTITUTE VALID REASON TO TERMINATE THIS AGREEMENT. THE INTERFERING PARTY WILL BE CHARGED WITH THE LOSS OF PROFITS IN THIS TRANSACTION BY THE INJURED PARTY WHO WILL BE ENTITLED TO FILE LEGAL PROCEEDINGS AGAINST THE INTERFERING PARTY AT THE INTERNATIONAL CHAMBER OF COMMERCE AT GHANA/TOGO AND/OR THE UNITED STATES OF AMERICA TO RECOVER THEIR LOSSES.

TOTAL AGREEMENT
THIS AGREEMENT SUPERSEDES ANY AND ALL PRIOR AGREEMENTS AND REPRESENTS THE ENTIRE AGREEMENT BETWEEN THE PARTIES. NO CHANGES, ALTERATIONS OR SUBSTITUTIONS SHALL BE PERMITTED UNLESS THE SAME SHALL BE NOTIFIED IN WRITING AND SIGNED BY BOTH PARTIES.


SPECIAL PROVISIONS

THE BUYER AGREES THAT THE SELLER CAN SEND ONE REPRESENTATIVE TO ACCOMPANY THE GOLD AT ALL TIMES (EXCEPT CLOSING TIME OF THE REFINERY), UNTIL THE OWNERSHIP OF THE GOLD IS TRANSFERRED TO THE BUYER. THE SELLER WILL INSTRUCT HIS REPRESENTATIVE TO AUTHORIZE THE OPENING OF THE CRATES, IN THE PRESENCE OF A CUSTOMS OFFICIAL AND A BUYER’S REPRESENTATIVE, AT THE DESTINATION AIRPORT, FOR VERIFICATION PURPOSES. IF THE SELLER DOESN’T SEND A REPRESENTATIVE TO ACCOMPANY THE GOLD, THE SELLER WILL PROVIDE THE BUYER WITH A LETTER OF AUTHORIZATION TO OPEN THE CRATES IN THE PRESENCE OF A CUSTOM OFFICIAL FOR VERIFICATION PURPOSES.

VALIDITY PERIOD

IT IS HEREBY AGREED AND UNDERSTOOD THAT THIS CONTRACT WILL HOLD ITS VALIDITY IF AND WHEN THE MT799 BLOCKED FUNDS IS PUT INTO PLACE NO LATER THAN 10 BUSINESS DAYS AFTER THE FINAL CONTRACT HAS BEEN SIGNED BY ALL PARTIES AND FAILURE TO DO SO WILL BE LIABLE/SUBJECT TO A PRICE CHANGE FOR THE GOLD IF APPLICABLE.

EXECUTION OF THIS AGREEMENT

THE TERMS OF THIS AGREEMENT SHALL BE CONFIRMED AND SIGNED BY THE BUYER AND THE SELLER VIA FACSIMILE OR EMAIL. SAID EXECUTED FACSIMILE OR EMAIL SHALL BE BINDING AND INITIATES AND CONCLUDES THE LEGAL LIABILITIES BETWEEN BUYER AND SELLER OF THIS ONE YEAR CONTRACT. BY SIGNING BELOW, BOTH PARTIES ABIDE BY THEIR CORPORATE AND LEGAL RESPONSIBILITY, AND EXECUTE THIS CONTRACT UNDER FULL PENALTY OF PERJURY.

AS THE BUYER
NAME:   
NAME:XXXXXXXXXXXXXX

SIGNATURE
DATE:

AS THE SELLER
NAME:   
NAME:XXXXXXXXXXXXXX

SIGNATURE
DATE:


SELLER PASSPORT



BUYER   PASSPORT


END OF DOCUMENT



 
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