Contrat Business for Gold - TRADE TO PRICE

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Contrat Business for Gold

Trade & Contrats > Tutoriels - Maquettes

DRAFT BUSINESS CONTRACT

FOR THE PURCHASE OF AU METAL (GOLD BARS)

N° xxxxxxxxxxxxxxxxxx

Genealogy Code: To be completed NCNDA & IMFPA Code: To be completed Seller Code(Transaction): To be completed Buyer Code: To be completed Contract N°.:To be completed	Date : Validité de l’offre : 8 jours

This Full Corporate Offer (SPA) for Gold Bars (the Commodity) is made and entered into on the xxx th of xxxxxxxxxxxxxxxxxx 2024 by and between:

COMPANY (SELLER)
ADDRESS
COUNTRY
COMPANY REGISTRATION
OFFICER/REPRESENTED BY
DESIGNATION/TITLE
COORDINATORS
TEL NO
E-MAIL

And

COMPANY (BUYER)
ADDRESS
COUNTRY
COMPANY REGISTRATION
OFFICER/REPRESENTED BY
DESIGNATION/TITLE
COORDINATORS
TEL NO
E-MAIL

If you would like to request clarification or amend payment procedures and terms for a chapter, please highlight the chapter in yellow and add a comment in red. If you wish to delete a word, a sentence or a comma, please cross out and highlight in yellow the passage or the punctuation (for example, cross out and underline … ) and write in red font (in the margin or just below the text) the comment or the amendment. Any deletions or modifications to the contract not reported will invalidate the entire project (Draft Contract) and de facto suspend our product offers.

TRANSACTION CODES

TRANSACTION CODE xxxxxxxxxxxxxxxx

COMMODITY	Gold (Au)
FORM	GOLD BARS
PURITY	92,6%
ORIGIN	GHANA
LOCATION	ACCRA
TRIAL	20 KG
SECOND DELIVERY	100KG up to 200KG done 2 days after with R&E
MONTLY	Depends on the capacity of the seller to provide.
FINAL ASSAY	The analysis shall be carried out at the refinery designated by the buyer in ACCRA, GHANA in agreement with the seller ...
PRODUCT HISTORY	Clean, clear, no liens and non-criminal, documented origin
EXPORT DUTIES	Done and paid by the buyer
INCOTERMS	Ex-Works (EXW) / Cash and carry Accra
PRICE	US$ xxxxxxx /KG GROSS (US$ xxxxxxxxxxx /KG NET) , included US$ xxxxxx commissions / x Groups paid by Buyer or the Seller
REVISION	Prices are subject to revision according to market requirements
PAYMENT	Initial trial tranche of 20kgs to be PAID IN USD CASH. Further tranches by SWIFT MT 103 cash automatic non conditional or in Cash In Local currency, part cash in US$ possible. Transfer in USD also possible if the seller release the ownership of the gold against the proof of transfer by the banker.
TRANSFER OF OWNERSHIP	The Gold remains the property of the Seller until the Seller has received the full payment of the price quoted. Then the legal ownership of Gold is transferred from Seller to Buyer. In case of transfer in US$, it will be done directly at the bank in the presence of the seller, who will accept the immediate change of ownership upon proof of transfer from the banker.

REFINERY OFFERED BY THE SELLER (GHANA)

Aisibco Limited (Refinery & Export)

Benkotec (Refinery)

Erico (Refinery)
Sewia Refinery

AA Minerals (Refinery

De- Apidago (Refinery & Export)

Golstrom (Refinery & Export)

Seller's bank
BANK NAME		Will be completed during TTM
BANK ADDRESS
ACCOUNT HOLDER NAME
ACCOUNT NUMBER
SWIFT CODE
BANKER’S NAME AND TEL
INSTRUCTION FIELD
REQUIRED MESSAGE		ALL TRANSFER INSTRUCTIONS SHALL STATE: “FUNDS ARE CLEAN AND CLEAR, OF NON-CRIMINAL ORIGIN AND ARE PAYABLE IN CASH IMMEDIATELY UPON RECEIPT BY THE BANK”.

Buyer's bank
BANK NAME		Will be completed during TTM
BANK ADDRESS
ACCOUNT HOLDER NAME
ACCOUNT NUMBER
SWIFT CODE
BANKER’S NAME AND TEL
INSTRUCTION FIELD
REQUIRED MESSAGE		ALL TRANSFER INSTRUCTIONS SHALL STATE: “FUNDS ARE CLEAN AND CLEAR, OF NON-CRIMINAL ORIGIN AND ARE PAYABLE IN CASH IMMEDIATELY UPON RECEIPT BY THE BANK”.

Preamble:

After the edition and validation of the Genealogy and the Business Contract, the TTM (Table Top Meeting) will be accepted and organized with the Seller and his representative.

During the TTM, the parties will confirm their identities and exchange their evidence of funds and products.

The administrative documentation will be examined and the contract will be sealed by the Buyer.

1. Pre-Transaction Preparation

• Buyer Preparation:

• Bring an independent tester or testing equipment (if needed)

• Arrange for a method of payment (cash, bank transfer, etc.)

• Book the refinery where the test will take place.

• Seller Preparation:

• Have the product ready for inspection.

• Prepare his transport to bring the product to the refinery facilities for testing.

• Ensure the seller’s tester is available (if needed).

2. Arrival and Initial Inspection

• Buyer Arrives at Refinery:

• Present identification and necessary documentation.

• Seller Arrives at Refinery:

• Present identification and necessary documentation.

• Meeting between the seller and the Buyer to discuss the transaction specifics.

3. Product Testing

• Preparation for Testing:

• Both the buyer’s and seller’s testers (if needed) should be present.

• Ensure testing equipment is calibrated and functioning correctly.

• Conducting the Test:

• Refinery’s tester conducts the necessary tests on the product.

• Seller and buyer may conduct simultaneous tests if required.

• Review of Results:

• Buyer reviews the results from the refinery’s tester.

• Refinery will issue an assay report to the buyer, copy to the seller.

• If satisfied, proceed to the next step.

• If not satisfied, the buyer and seller can discuss discrepancies or the buyer can

reject the product.

4. Sealing the Product

• Seal Agreement:

• Both parties agree on the sealing process.

• Sealing Procedure:

• The product is sealed under the supervision of both parties.

• Seals are affixed to prevent tampering.

• Document the sealing process with signatures from both buyer and seller.

5. Payment Process

• Payment Methods:

• Cash Payment:

• Buyer pays the seller directly at the refinery.

• Seller verifies and counts the cash.

• Bank Payment:

• Buyer and seller go to a bank.

• Buyer initiates a transfer or deposits cash into the seller’s account.

• Bank provides a receipt or confirmation of payment.

• Digital Payment:

• Use a secure digital payment platform.

• Buyer transfers the agreed amount to the seller’s account.

• Both parties verify the transfer with confirmation from the platform.

6. Confirmation and Release

• Verification:

• Seller verifies receipt of payment (bank confirmation, receipt, etc.).

• Release of Goods:

• Upon payment confirmation, the seller authorizes the release of the sealed product to the buyer.

• Both parties sign a release document acknowledging the transfer of goods.

7. Final Documentation

• Complete Transaction Records:

• Both buyer and seller keep copies of all documents related to testing, sealing,

payment, and release.

• Post-Transaction Communication:

• Both parties confirm that the transaction is complete and satisfactory.

• Any issues post-transaction should be addressed through the agreed-upon dispute

resolution process.

8.Notes:

• Dispute Resolution: Include a pre-agreed method for resolving disputes that may arise

during the transaction.

• Legal Compliance: Ensure all actions comply with local laws and regulations. By

following this procedure, both the buyer and seller can ensure a transparent, fair, and

efficient transaction process for cash and carry purchases at a refinery.

For the Seller:	For the Buyer

M. xxxxxxxxxxxx	M. xxxxxxxxxxxx

Date	Date

# Electronic signature is valid and accepted as hand signature when the contract is coming directly from the email address of the Signatory OTHER # EDT (Electronic Document Transmissions) shall be deemed valid and enforceable in respect of any provisions of this Contract. As applicable, this agreement shall be: -Incorporate U.S. Public Law 106229, ‘‘Electronic Signatures in Global and National Commerce Act’’ or such other applicable law conforming to the UNCITRAL Model Law on Electronic Signatures (2001) and ELECTRONIC COMMERCE AGREEMENT (ECE/TRADE/257, Geneva, May 2000) adopted by the United Nations Centre for Trade Facilitation and Electronic Business (UN/CEFACT). EDT documents shall be subject to European Community Directive No. 95/46/EEC, as applicable. Either Party may request hard copy of any document that has been previously transmitted by electronic means provided however, that any such request shall in no manner delay the parties from respecting their obligations and duties uder EDT instrument.

Sellers' Initials	Buyers’ Initials