AU. FULL CORPORATE OFFER
(F.C.O.)
To: Seller
To: Buyer’s
VIA: Mandate
Date: August xx, 2018
TERMS AND CONDITIONS
We, the Seller Group, have the capacity of beneficiary for Bullion Account (details) and Bulli on Account SAFE KEEPING RECEIPT num ber xxxxxxxxx in the Warehouse of Private in _________
We hereby undertake to sell/transfer the below mentioned co1runodity to the Buyer once the following conditions are all met and fulfilled:
1.1 COMMODITY:
SKR Aurum Utalium (AU)Gold
1.2 FORM:
1 Kilogram and 12.5 Kilogram (1 Gold Bars Au Metal) of Gold Standard.
1.3 PURITY:
999.5 or 999.9 Parts Per Thousand of Gold or above.
1.4 HALLMARK:
1. JM London 2. Hammer 3. UBS Ag 4. Swan Star.
Or product sare officially registered in LBMA.
1.5 LOCATION :
FCA, Europa / …… FOB, ……….., CIF / ASWP.
1.6 DELIVERY:
OwnershipshouldbechangedagainstpaymenttoSeller’sBankbyBuyer’sbank.
1.7 QUANTITY:
2MT to 80MT FirstTranche:1Mt Per Day
1.8 PURCHASEPRICE.
The agreed purchase price is the quoted price in US Don’t he previous day of transaction as set bythe
“LBMA Gold Price Second Fixing (PM)for Gold Bullion(AU). In the event that LBMA is not
operating on that scheduled day, the price calculation used shall be based on the second LBMA fixing of the next Market opening day
1.9DISCOUNT
The discount from the price asset by the LBMA Second fix ing for Gold Bullions hall be minus percent (__%) / Gross and minus ____ Percent (__%)netto the Buyer.
1.10 COMMISSION
As Per Irrevocable Master Fee Protection Agreement (IMFPA) signed by Buyer and Seller.:
~ To Seller side (closed)
~ To Buyer side
1.11 PAYMENT
After preliminary check and conformation of the goods, the Buyer shall pay 80% of the total price to the Seller, and then extracts a part of goods as sample (5% or all which is based on the actual situation) to send to the smelter for smelting. After the inspection report comes out, the Buyer shall pay the remaining 20% of the total price (according to the actual inspection report)
1.12 PENALTIES OFNON-PERFORMANCE
If either party will not perform and fulfill this transaction procedure, there will be penalty of Two Percent (2%) to be paid to the injuredparty.
1.13 PROCEDURE
(1) The Seller sends FCO to the Buyer, the Buyer signs it and sends it back.
(2) The Seller sends SPA to the Buyer, which includes NCNDA-IMFPA, transaction code of both parties, transaction quantity, transaction schedule, commission distribution and etc.
(3) A formal contract shall be concluded by the both parties through their communication and negotiation (the formal contract shall be made in quadruplicate, two copies will be submitted to the banks of both parties for file, the remaining two copies will be held by both parties respectively, and the photocopies will be provided to the broker(s). Seller must be get a Notary)
(4) The Buyer informs the Seller of the transaction quantity and time of the first batch (or several batches) (as required by the contract or otherwise).
(5) Both parties holds POF and POP to meet in the designated bank of ___________ with each other (including the broker(s)) and mutually check POP and POF.
(6) After both parties verify the POP and POF, the Buyer checks the goods in the warehouse (this procedure can be omitted if there is a credit basis between each other), and immediately pay 80% of the total price to the Seller so as to let the Seller send the golds to the gold smelter in Hong Kong to conduct the smelt.
(7) Sample 5% or all of the golds for smelting and inspection (The Buyer shall inform the Seller the sample quantity based on the actual situation). The smelting fee shall be paid by the Buyer.After the inspection report comes out, the Buyer shall pay the remaining 20% of the total price (it shall be calculated according to the data in the report). Note: the smelting procedure can be omitted if there is a credit basis between each other.
(8) The Seller must transfer the ownership of the golds to the Buyer and pay all commissions to the broker(s) after receiving the fullpayment.
(9) The circle from Step 4 to Step 8 repeats until the contract is completed.
Buyer/Buyer mandate and Seller/Seller mandate will give a promise that they will abide by the SPA. Both patties are willing to pay two (2) % penalty fee of the products price In case that any of the parties breach the agreement until they cannot proceed on the SPA. specified in the IV Quota permit SPA. of each tranche.
Seller’s Name:
Mr. _________________
Passport No:
Date :
Buyer’s Name:
Mr. _________________
Passport No:
Date :