Article 8 - vessel requirements, ve

Article 8 - vessel requirements, vessel loading requirements, and vessel unloading requirements:
(Shipping line must be approved by Buyer and shouldbe world Top 10 line)

Buyer and its cargo receivers are fully responsible for arranging all necessary import/ custom formalities including import license as well as arrangement for taking delivery of cargo prior to vessel's arrival, including incomplete import formalities, or no storage facilities, or no transport arrangements, or in the event customs or port authorities do not allow discharge to commence or halt.


Buyer shall bear all costs at port of destination for insurance, demurrage at discharge port, dispatch duties, inspections, taxes, and other payments levied against the cargo and its handling and discharge costs by the port authorities or government agencies of country of destination to which the goods are delivered. The buyer
Will also pay lighterage cost if required at port of destination.

Buyer must pay the demurrage and any other associated costs, including but not limited to shifting costs incurred by seller/ vessel's owner before discharging can commence or can recommence.

Fumigation of cargo, at port of destination, if required by buyer/cargo receivers, shall be for the buyer's account, including but not limited to accommodation/ travel expenses for vessel crew if ordered by port authorities to go ashore. Any time used for cargo fumigation to count as delay time.

All supervision charges at the port of unloading are for the buyer's account. Any taxes or a levyat the loading port is on seller's account.

Article 9 –miscellaneous : all documentation related to this contract or referred by this contract shall be in English language. Any documents generated by its country of origin in other than English language shall be accompanied by proper translation to the English language. The document would not be binding on buyer and seller until the receiving party accepts in writing the English translation as valid

Article 10 - mediation and arbitration: if a claim, demand, disagreement, controversy or dispute (collectively, “dispute”) arises from or in connection with this contract or the breach thereof, and if the dispute cannot be settled through direct discussions, the parties agree to endeavor first to settle the dispute in an amicable manner by mediation to be held in USAadministered by the American arbitration association under its commercial mediation rules before resorting to arbitration. Thereafter, any unresolved dispute arising from or relating to this contract or breach thereof shall be settledby arbitration controversy or claim initiated by written notice by either party to the other (the “notice of arbitration”). The arbitration shall be conducted in English and held in USA, administered by the American arbitration association in accordance with its international arbitration rules, as supplemented by the supplementary procedures for international commercialarbitration.

Article 11 - governing law: the contract will be governed and interpreted in accordance with the rules of the ICC and subject to the interpretation of incoterms 2000 edition. Any discrepancies between the governing applicable law and this contract, the party’s agreement contained in this contract shall prevail, as long as they are legal. If there shall exist any legality conflict between any provision contained herein and any such applicable law or policy, the latter shall prevail; and the provision or provisions herein affected shall be curtailed, limited or eliminated to the extent (but only to the extent) necessary to remove such legal conflict, and as so modified, any and all others words, phrases, paragraphs or articles of this contract shall continue in fullforce and legal effect.

Article 12 –assignability of contract: seller reserves the right, at its’sole discretion, to fully endorse, assign and/ or transfer this contract to and/ or with any company or companies in any country or city. In the event that seller performs such assignment, seller will notify buyer the assignee company name, address, banking reference and will notify buyer and buyer’s bank in writing. This contract is not to be endorsed, assigned, and/ or transferred to any third party by buyer unless previously fully agreed in writing by seller. Any endorsement, assignment, and/ or transfer in contradiction to this article will be totally void and null with no legal effects to seller, buyer or any third party.

Article 13 - execution of contract: all terms and conditions contained in this contract are valid for 10 (ten) calendar days starting from the moment this contract is sent by electronic mail to the buyer, and or its legal representative, broker, agent, attorney or any other person appointed by the buyer. In the event this contract is not fully executed and sealed by the buyer and received by the seller within the term specified above, seller, at its sole discretion, can terminate this contract and seller shall no longer be obligated to honor its terms or conditions. Before the execution of this contract, buyer shall provide to seller all necessary information requested by seller or this contract. Upon execution of this contract within the terms and conditions specified above, this contract shall be legal and binding by fax and e-mailcopies, each of which shall be deemed as original in nature and will remain enforceable until buyer and seller execute 4 (four) originals. Buyer will send to seller by courier 4 (four) fully executed original sets with signatures in every page of the contract. Seller will execute and distribute all 4 (four) originals. One set to buyer, one set to buyer’s bank, one set to seller and one set to seller’s bank. Carbon copies cannot be used and will not be accepted or valid. Thereafter, any additions, deletions or amendments to this contract willnot be valid unless agreed in writing and signed by both parties utilizing the same procedure describedabove. Neither party to this contract shall be held responsible for breach of contract caused by an act of god, insurrection, civil war, military operations or local emergencies. The parties do hereby accept the international provision of "force majeure" as published by the ICC. When force majeure happens the buyer or seller must immediately send within 15 (fifteen)days thereafter by registered airmail to the other party a certificate of force majeure issued by a competent government authority at the place where the force majeure occurred as evidence thereof.

Article 14 - CONFIDENTIALITY, NON-DISCLOSURE/ NON-CIRCUMVENTION:The undersigned parties do hereby accept and agree to the provisions of the International Chamber of Commerce for Non-Circumvention and Disclosure with regards to all and every one of the parties in this transaction.

To include but not limited to the buyer, seller, their agents, mandates, nominees, assignees and all intermediate parties to this agreement/ contract. Buyer and seller whom formed the contract and changes made only in writing by both parties.

This agreement shall be kept in the strictest confidence between them for at least 5 (five)years from the date thereof.

Parties hereby confirm with full corporate responsibility, under penalty of perjury, that the period of the present contract, shall be from the contact date of & Extensions (ICC 1983 EDITION PARIS) of Non Circumvention, and Non-Disclosure Agreements. Parties are agreeing to help each other, in any situation, and to issue all necessary information on time. Parties hereby confirm that they are not to give any information to third parties in regards to this present signed contract, for the contracted period.

Article 15 - contract signatories: in witness thereof, both parties have caused this contract to be signed and executed by their authorized representatives and have thereby understood, agreed, and accepted the terms and conditions so stated herein with signatures affixed below on the first date above written. Seller will execute this contract once buyer has provided all the necessary information at seller’s satisfaction.