SALE CONTRACT COST AND FREIGHT1. SCHEDULE TERMS 1.1. Terms in square brackets and inverted commas refer to items in the Schedule.2. QUANTITY 2.1. The Seller will deliver and the Buyer will purchase the quantity of Goods specified in ["COMMODITY"] ["ORIGIN"] ["SEASON"] ["GRADE"] subject to the Loading Tolerance, at the Seller's option, specified in ["QUANTITY"]. If delivery under this Contract is to be made by more than one shipment, each shipment is to be considered as a separate contract but the Loading Tolerance shall apply only to the final shipment quantity.3. DELIVERY AND CARRIAGE 3.1. The Seller will deliver the Goods at a safe berth at one or more loading ports (at the Seller’s discretion) in Australia, in readiness to load and in accordance with the custom of the relevant port. 3.2. Delivery will be completed by the passing of Goods over the Vessel’s rail at the relevant loading port within the Delivery Period. In the event of the Vessel and/or Goods being lost before the completion of loading, or if loading is stopped for any reason beyond the Seller's control, the Buyer must pay the Seller for the quantity of Goods already loaded, on presentation of a bill of lading or mate's receipt or other evidence of loading which the Buyer must accept as final. 3.3. The Seller shall contract at its own expense for the carriage of the goods to the Port of Discharge ["DISCHARGE"] by a usual route in a seagoing vessel of the type normally used for the transport of Goods of the contract description. Except as otherwise provided in this Contract, the division of responsibilities and costs between the Seller and the Buyer shall be in accordance with the provisions of ICC Incoterms 2000 for CFR contracts. 3.4. The Seller will effect shipment of the Goods on the terms of the Charter Party as specified in ["CHARTERPARTY"]. 4. PRICE 4.1. The purchase price per tonne of Goods delivered is as stated in ["PRICE"]. 4.2. In the event that the Buyer is entitled to determine the time for shipping the goods and/or the Port of Discharge and fails to give the Seller sufficient notice thereof, or if the Buyer fails to receive or delays in receiving the Goods from the carrier at the Port of Discharge, the Buyer must pay the additional costs thereby incurred by the Seller in respect of the Goods from the expiry of the Delivery Period. The carrying charges and other costs shall be computed on the quantity of Goods declared by the Seller, but if no such quantity has been declared then on the mean contract quantity ["QUANTITY"]. 4.3. The Buyer must pay any costs payable under clause 4.2 on demand by the Seller.5. PAYMENT 5.1. The Buyer will pay the purchase price to the Seller in the manner specified in ["PAYMENT TERMS"], and in accordance with the following provisions: (a) In the case of payment by letter of credit, the Buyer will establish, not later than 30 days before the commencement of the Delivery Period, in a form acceptable to the Seller, an at sight irrevocable letter of credit in favour of the Seller for 100% of the CFR value of the consignment (and allowing for any amount additional to the mean contract value which may be payable if the Loading Tolerance is exercised). The letter of credit must be capable of being confirmed by an Australian bank acceptable to the Seller and negotiable in Australia. (b) In the case of payment by letter of credit by a specified date as stated in ["PAYMENT TERMS"], the Buyer will establish, not later than the date stated, in a form acceptable to the Seller, an at sight irrevocable letter of credit in favour of the Seller for 100% of the CFR value of the consignment (and allowing for any amount additional to the mean contract value which may be payable if the Loading Tolerance is exercised). The letter of credit must be capable of being confirmed by an Australian bank acceptable to the Seller and negotiable in Australia. (c) In the case of cash prior to loading, the Buyer will pay the Seller by telegraphic transfer cleared funds into the Sellers nominated account, in the Contract Currency, the contract value 3 Business Days prior to the commencement of loading. (d) In the case of payment by cash against documents, the Buyer will pay the Seller by telegraphic transfer cleared funds into the Seller’s nominated bank account, in the Contract Currency, upon the Seller’s first presentation of documents in accordance with clause 6.CBH General Terms and Conditions of Sales ContractCBH GRAIN PTY LTD Page 3Contract No. S 10243 G
đang được dịch, vui lòng đợi..
