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

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PRIVATE SALE AND PURCHASE AGREEMENT FOR GOLD DORE BARS

Or & Métaux

DRAFT FCO

FOR THE PURCHASE OF AU METAL (GOLD BARS)

Genealogy Code: ...

NCNDA & IMFPA Code:...

Seller Code(Transaction): ...

Buyer Code: ...

Contract N°.: ...

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

ADDRESS

COUNTRY

COMPANY REGISTRATION

OFFICER/REPRESENTED BY

DESIGNATION/TITLE

COORDINATORS

TEL NO

E-MAIL

And

COMPANY

ADDRESS

COUNTRY

COMPANY REGISTRATION

OFFICER/REPRESENTED BY

DESIGNATION/TITLE

COORDINATORS

TEL NO

E-MAIL

TRANSACTION CODES

TRANSACTION CODE xxxxxxxxxxxxxxxx

COMMODITY: Gold (Au)

FORM: GOLD BARS

PURITY: 92,60%

ORIGIN: GHANA

LOCATION: ACCRA

TRIAL: 5KG up to 20 KG

Second Delivery: 100KG up to 200KG done 2 days after with R&E

Monthly: Depends on the capacity of the seller to provide.

FINAL ASSAY: The analysis shall be carried out at the refinery GOLDSTROM by in ACCRA, GHANA: with agreement of 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)
COMMISSION: Included US$ xxxxxx commissions / x Groups paid by Buyer or the Seller

REVISION: Prices are subject to revision according to market requirements

PAYMENT: 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.

PROCEDURE

Preamble:

After the edition and validation of the Genealogy and the Draft 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.