CONTRACT FOR THE PURCHASE OF COFFEENo.024/2015Between HaNa Coffee Export – Import Joint Stock Company 251 To Hieu Street, Le Chan District, Hai Phong city, Viet NamTel: +84 - (313) – (855) – (117)Fax: +84 - (313) – (855) – (117) Represented by Miss Bui Thi Trang - Director And LibieDich Proprietary Company Limited Nordex Energy GmbH, Centroallee 263a, 46047 Oberhausen, GermanyTel: +49 - (208) - 8241 -100Fax: +49 - (208) - 8241 -105Represented by Mr. Jonas James – DirectorBoth sides have matually agreed to enter this contract on the following terms and conditions: 1.Commodity : Viet Nam Arabica coffee grade 1 2.Quality: Crop : 2015 Moisture : 2% max Impurities : 1% max Black broken coffee bean : 2% max Coffee bean on sieve 13 (6 mm): 90% min 3. Quantity: 25 MT, more or less 5% at buyer’s option 4. Price: USD 3500/MT FOB Hai Phong City port, Viet Nam (Incoterms 2000)Total amount: 52 500 USDSAY US DOLLARS FIFFTY TWO THOUSAND FIVE HUNDRED. 5. Packing and MarkingIn strongly sewn new single jute bags of 25kgs net each. Shipment is container 40’ of 600 bags. Shiping mark:Arabica Coffee beans- Made in Vietnam- Net weight: 25 kg- Gross weight: 25.4 kg- USE NO HOOKOne side printed in green color. 6.Shipment- Time of shipment: Within 30 days after date of L/C- Port of loading: Hai Phong Port- Partial shipment: Not allowed- Transhipment: Not allowed- Third party shiper: Not allowed- Inspection: Shipped weight and quality at the load port by Vinacontrol to be final. 7.Payment:C.A.D at sight at the documents required. The Buyer must pay 100% of invoice value to the Seller’s Account, No 2100201284362 at Vietcombank Le Chan Brand.Document required: - Signed Cormecial Invoice in triplicated.- 3/3 (fullset) of original B/L on board.- One (1) original and two (2) copies Certificate of Origin issued by The Vietnam Charmber of Commerce and Industry, Le Chan Brand.- One (1) original and two (2) copies of ICO Certificate of Origin.- One (1) original and two (2) copies Phitosanytary issued by Authorize authority.- One (1) original and two (2) copies Certificate of Fumigation issued by Authorize authority.- Packing list in triplicate.8. Insurance: to be arranged by the buyer.9. Inspection and fumigationa) The cerfiticate of quality, weight and packing issued by Vinacontrol at loading port to be final and for seller’s accountb) Fumigation to be effects on board the vessel after completion of loading with expenses to be at seller’s account. But expenses for crew on shore during the fumigation period including transportation, accommodation and meals at hotel for ship owner’s accountc) Time for fumigation not to count as laytime10. Loading terms:a) Buyer shall advise vessel’s ETA and its particulars 15 days and captain shall inform vessel’s ETA, quantity to be loaded and other necessary imformation 72/48/24 hours before the vessel’s arrival at loading portb) Laytime to commence at 2. pm if N.O.R given before noon and at 9. Am next working day if NOR given in the afternoon during office hours. Incase, vessel waiting for berth due to congestion, time commence to count 72 hours after N.O.R submittedc) Loading rate: 60 MT per weath working day of 24 consecutive hours Sundays, holidays excepts even if used, based on the use of at least four to five normal working hatches/holds and all cranes/derricks and winches available in good order, it less than prorata.d) Seller shall arrange one safe berth of one safe port for the vessel of 10,000 – 20,000 tons capacity to load the cargo.e) Time between 15.00 pm on Friday and the day preceeding a holiday until 8 AM next working day not to count as laytime even if usedf) Before submitting N.O.R., the vessel must be in free pratique. Immediately after vessel at berth, captain shall request Vinalines to inspect the hatches/holds and issue a certificate certifying the hatches/holds are clean, dry, free from harmful factions and suitable for goods loading with such expenses to be ay ship owner’s account and time not to count as laytime.g) Demurrage/Despatch of any, to be as per C/P rateBut maximum 4000/2000 USD per day or prorate and to be settles directedly between seller and buyer within 90 days after B/L date.h) For the purpose of obtaining shipping documents such as:- Commercial invoices- Certificate of quality, weight and packing- Certificate of originThe responsible party shall Cable/Telex/Fax advising shipment particulars within 24 hours after completion of loading.In order for the buyer to obtain insurance, a bill of lading shall be issued immediately after completion of lading and before fumigation and provided immediately to the buyeri) In case, cargo is ready for shipment as scheduled in this contract, but the buyer fails to nominate the vessel to lead, then all risk, damages and associated expenses for cargo to be borned by the buyer based on the seller’s actual claim. In the event no cargo is available to be loaded on the nominated vessel at the loading port, then dead freight to be paod by seller based on buyer’s actual claim and the buyer will submit the following documents to Vietcombank for receiving P.B (time counted: 20-25 days from L/C opening date)- N.O.R with seller’s signature- Report signedby the captain and the seller confirming that the vessel has ready arrives at the port to receive the cargo byt the seller has no cargo to load.- Vietcombank’s confirmation11. Applicable Law This contract shall be governed by and construed according to the laws of The Republic of Singapore.12. Force majeureThe force majeure (exemptions) clause of the international Chamber of Commerce (ICC publication No.421) is here by incorporated on this contract13. ArbitrationAny discrepancies and/or disputes arising out or in connection with this contract not settles amicably shall be referred to Arbitration accordance with the Rules and Practices of the International Chamber of Commerce in Paris or such other place agreed by both sides14. Other terms
Any amendment of the terms and conditions of this contract must be agreed to by both sides in writing
This contract is made in 06 originals in the English language, three for each party
This is subject to the buyer’s final confirmation by telex ( April 25th, 2015 latest)
Made in Haiphong, on 26th April, 2015
For the Seller
Director
(signed/sealed) For the Buyer
Director
(signed)
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