CONTRACT NO.: 057 / 2014 RCN-CKYThi

CONTRACT NO.: 057 / 2014 RCN-CKY

This contract is made on this day of 7

SELLER:

M/S. VIJAY INTERNATIONAL PTE. LTD.,

1003 BUKIT MERAH CENTRAL,

# 07-35 TECHNOPRENEUR CENTRE,

SINGAPORE–159 836.

TEL:- (65) 62742390 FAX:- (65) 62742305

BUYER:

M/S. SON THANH PRODUCTION TRADING IMPORT AND EXPORT JOINT STOCK COMPANY

ADD: TAN THIEN WARD, DONG XOAI TOWN,

BINH PHUOC PROVINCE - VIETNAM.

REPRESENTED BY: MR. PHUNG HUU SON GENERAL DIRECTOR.

It has been mutually agreed that the Buyer agrees to buy and the Seller agrees to sell the following

commodity on the following terms and conditions:

1. Commodity: Dried Raw Cashew Nuts in shell, New Crop 2014.

2. Quantity : 165 MTS (+/- 10%, at Seller’s option)

th August 2014 between

(BL. Nos. 564229537-06X40’)

3. Origin : CONAKRY

4. Specifications:

- Outturn : 45 lbs/ 80kgs

- Nut count : 195 nuts / kg (max)

5. Discount: The applicable discounts/premium in the case of any variation, than guaranteed above.

Specification Discount Rejection

Outturn USD 23.00 PMT for every 1.00 lbs more & pro-rata for part below 43 Lbs

Nut Count USD 5.00 PMT for every 10 counts excess above 215 nuts

No Premium for Quality, but Premium will be applicable for Quantity (Excess Weight)

6. Packing: Goods to be packed in about 80kgs of Sound Sea worthy jute bags, Tare weight of the bag

being 1 kg.

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CONTRACT NO.: 057 / 2014 RCN-CKY

7. Price: USD 1,050/- per MT CNF Ho Chi Minh City, Vietnam Landed Quality, Landed Weight

(LQLW). Total Value USD 173,250.00 (+/- 10% acceptable)

8. Period of Shipment: Afloat Cargo. Partial Shipment allowed and Transshipments are allowed.

Shipment 1 week delay it’s not considered as late shipment.

9. Shipping Terms: The shipment to be effected by 20” or 40” Feet containers. Any or all charges

incurred in shifting or moving the containers after arrival at the Ho Chi Minh City container yard is to

be buyer’s account.

- Partial shipment : To be Allowed

- Transshipment : To be Allowed

10. Port of Loading: - Any Port in Conakry.

11. Port of Discharge:- Ho Chi Minh City Port, Vietnam

12. Insurance:- To be covered and paid by buyer in full.

13. Inspection: The cargo shall be inspected by VINA CONTROL and to be witnessed by both the

Buyer’s and Seller’s representative to confirm quality and quantity. The cost for such inspection at

discharge port shall be borne by the Buyers. If the discharge port inspection results vary from the

contractual terms then the seller have the right to do the re-sample for second cutting test. This re-
analysis result will be taken as Final. This survey: sampling and cutting tests will be supervised by

VINA CONTROL.

13.1) The running samples from the unloading containers at the Buyer’s warehouse are to be taken by

the VINA CONTROL representative in presence of Seller’s Representative and min 3 photograph /

container (showing container no. and the dated news paper) to confirm the drawing of running samples

and date for the landed Quality Tests. The Buyer will arrange the cutting tests at the Vina Control

office within 7 days of the drawing of samples; witnessed by both Buyer and Seller representative.

However, if the Buyer fails/delay to organize the cutting tests within the 7 days of sample drawn, then

the Seller will be fully absolved and never responsible for any quality guarantees and or claims

whatsoever; as per the contract.

14. Mode of Payment: 10% Advance Payment not later than 13th August 2014 from the contract date,

Balance 88% Documents Against Payment (DP) within 5 days on 1st Presentation of Original

Documents through buyers bank:- SAI GON THUONG TIN COMMERCIAL JOINT STOCK BANK

BINH PHUOC BRANCH., HOCHIMINH CITY, VIETNAM. SWIFT CODE:-SGTTVNVX.

ACCOUNT NO: 050038046230. If the payment delayed more than 5 days, then subsequent bank

interest will apply. Balance 2% invoice value will be settled between the buyer and the seller based on

certificate of weight and quality at discharge port issued by Vinacontrol.

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CONTRACT NO.: 057 / 2014 RCN-CKY

100% payment will be made after confirmation text between buyers and sellers about the value of the

payment for the entire shipment.

The 10% advance payment should be remitted to Seller Bank:- AUSTRALIA AND NEW ZEALAND

BANKING GROUP LIMITED (ANZ), 1 RAFFLES PLACE, #42-00, ONE RAFFLES PLACE,

SINGAPORE-048616. SWIFT:-ANZBSGSX. ACCOUNT NO: USD 735936USD00001. ACCOUNT

NAME: M/S VIJAY INTERNATIONAL PTE LTD., CORRESPONDENT BANK: JP MORGAN

CHASE BANK, NEW YORK. SWIFT:- CHASUS33. Advance payment to be received by Seller on or

before 13

th August 2014. Signed Contract should be received by Seller by 8

Documents required:

Upon presentation of following documents (in triplicate unless otherwise stated)

1. Full (3/3) Set Of Clean On Board Ocean Bill Of Lading Made Out To Order, Marked “Freight

Prepaid” And Notify Applicant.

2. Signed and stamped Commercial Invoice.

3. Signed and stamped Packing List.

4. Other Certificates (CO, PHYTO, FUMIGATION).

* Thirty party documents acceptable except for B/L, Invoice, Packing list.

* House BL is acceptable.

* Typographical (errors and spelling mistakes) acceptable except for weight and price.

* Documents in bilingual: ENGLISH / OTHERS language is acceptable.

15. Delivery: If the buyer delays to take delivery of cargo more than 7 days after arrival at port then

seller is not liable for any quality claim what so ever.

16. Other Terms & Conditions: All taxes and duties at the load port present or future are to the sellers

account & similarly any taxes or duties at the destination port present or future are to the buyer’s account.

Buyer is solely responsible for obtaining valid import license if any and this cannot be ground for force

majeure.

17. Force Majeure: During the tenure of this contract if a situation of Force Majeure occurs due to

Natural Calamities, civil disturbance, commotion, riots and any other acts of god or man made then either

party must inform the other within 7 days of such occurrence and if the situation persists for 30 days or

more the contract shall be deemed to be null and void without any liabilities on either side. The seller

shall not be liable for delay or non-performance in whole or in part of his contractual obligation in

consequence of war, blockade, revolution, insurrection, civil commotion, riots mobilisation, act of

government, act of god, plague or other epidemic, fire, flood, sabotage, quarantine, restriction, explosion

or embargo, non-availability of containers or vessel space, Including any change/modification in

commercial laws and regulations by the Government etc. This contract can only be cancelled under force

majeure circumstances.

th August 2014.

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CONTRACT NO.: 057 / 2014 RCN-CKY

18. Arbitration: Any dispute arising out or in connection with this contract, to be settled amicably by

both parties, or else shall be finally settled by the Vietnam International Arbitration Center beside the

Chamber of Commerce and Industry of Vietnam (VCCI) in accordance with its arbitration rules. All

the fees and expenses incurred in this arbitration shall be borne by losing party.

19. Government Law: All contracts of seller shall be governed and construed as per Vietnam Laws.

If buyer fails to make Payment of the documents as per contract, the seller reserves the right to protect his

interest and accordingly this contract acts as implied NO OBJECTION CERTIFICATION /

CONFIRMATION from buyer to seller to transfer/resell to alternate buyer and this clause serves as a

valid NO OBJECTION CERTIFICATE TO CUSTOMS OR ANY STATUTORY AUTHORITIES to

clear the cargo without any hassles. Under these circumstances, seller can unconditionally choose to

cancel the contract and withdraw or re route the documents and sell the cargo as per seller's choice. The

buyer shall unconditionally extend full co-operation and forfeit the advance given (if any) under this

contract.

The Seller does not have to procure an additional NO OBJECTION CERTIFICATE from the buyer, the

presence of this clause in the contract is deemed sufficient for all purpose.

Any change or modification in the terms and condition of this contract shall become effective only when

confirmed by both the Seller and the Buyer in writing.

In witness thereof the Seller and Buyer having signed them on this 7

or email. Please seal and sign every page and return by fax or email as token of acceptance.

For Seller For Buyer

M/s. Vijay International Pte Ltd., M/s. Son Thanh Production Trading Import And

th August 2014, and is valid by fax

Export Joint Stock Company.,

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