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Extract from a contract form for the sale of Cement
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EXPORT CONTRACTS 2
EXPORTING COMMODITIES. CEMENT. COPPER BLISTER
FOCUS 1. Read and discuss the contract.
EXTRACT FROM A CONTRACT FORM FOR THE SALE OF CEMENT
| 1. SUBJECT OF THE CONTRACT The Seller has sold to the Buyer and the Buyer has bought from the Seller on the terms FOB Novorossijsk ________________ metric tons (m/t) of Ordinary Grey Portland Cement ±10% at the Seller’s option, in bulk. 2. QUALITY The quality of Cement sold under the present contract shall correspond to the requirements of the British Standard BS 12 Part 2, 20__. The Seller shall arrange three samples of Cement, seven kilos each, to be taken during and after the loading by the representatives of the Chamber of Commerce andIndustry of Russia, packed tightly, markedwith the name of the vessel and the date of shipment and sent as follows: 1st – to the Buyer, 2nd – to the Master of the vessel, 3rd – to the Manufacturer. The Seller shall advise the Buyer by telex of the number and date of thepostal receipt. The cost of sampling and postage shall be borne by the Seller. 3. DELIVERY ACCEPTANCE Cement sold under the present contract is considered deliveredby the Seller and accepted by the Buyer: a) as to the quantity: as per the weight stated in the Bill of Lading and determined by a DraftSurvey effected jointly by the Master of the vessel and the Seller and certified by the Chamber of Commerce and Industry of Russia. | ||||
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| b) as to the quality: as per the Certificate of Quality issued by the Chamber of Commerce and Industry of Russia. c) as to the date of delivery: as per the date of the Bill of Lading. 4. TIME OF DELIVERY Cement shall be delivered FOB Novorossijsk within the period of ______________________. Before the 10th day of each month, the Buyer shall propose the vesselsstems for the following month. On or before the 25th day of each month the Seller shall confirm the stems for the following month. 5. TRANSPORT … Cement shall be loaded by the Seller by his meansand at his expense according to Cargo Plan to be established between the Master of the vessel, the Seller’s agents and the authorities of the port of loading. The Buyer shall provide for the vessels tobe fitted with openings in the hatch covers for the connection of the Seller’s loading equipment. The design of the openings and of hatches covers shall secure a complete tightness of the holdsduring the loading. Should a vessel not be properly equipped as above, the Seller shall have the right to reject the vessel, the Buyer being fully liable for the consequences. | ||||
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| The Buyer shall instruct the ship-owners/the Master of the vessel to give the Seller notices of arrival by cable, telex or radio 7 days prior toher estimated time of arrival. The vessel shallbeadmitted within the port, piloted andmoored according to the customs of the port of Novorossijsk. Lay time shall commence in accordance with the following provisions: … In case the vessel is not loaded within the lay time calculated as above the Seller shall pay demurrageto the Buyer at the rate of US dollars … per … If the vessel is loaded prior to the expiration of the lay time calculated as above the Buyer shall pay to the Seller despatch at half demurrage rate per … Lay time, despatch and demurrage shall be calculated on the basis of a Statement of Facts signed by the Master, the Seller’s representative and the Ship’s Agent at the port of loading. Despatch and demurrage shall be settled directly between the Buyer and the Seller every month. … 6. PAYMENT Payment for Cement sold under the present Contract shall be effected in US dollars out of an irrevocable Letter of Credit to be opened by the Buyer in the Seller’s favour with ________________ and advised through the Bank for Foreign Economic Affairs of Russia in Moscow. | ||||
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| Payment out of the Letter of Credit shall be effected at sight against presentation to the Seller’s Bank, within 10 days of the date of the Bill of Lading, of the following documents as specified in the Letter of Credit: a) Commercial Invoice (1 original and 2 copies) duly signed and stamped; b) 3 originals + 4 non-negotiable copies of clean on board Bill of Lading showing the description of the cargo and the quantity loaded and established in the name of (to order of) ______________ as Consignee; c) original and 2 copies of the Certificate of Origin issued by the Chamber of Commerce and Industry of Russia at the port of loading, duly signed and stamped and stating that Cement conforms to BS 12 Part 2 20__; d) original and 2 copies of the Certificate of Quality issued at the port of loading and certified by the Chamber of Commerce and Industry of Russia. All expenses connected with the opening, extension and eventual alteration of the Letter of Credit, as well as the expenses charged by the Buyer’s Bank in connection with the opening and utilization of the Letter of Credit, are to be paid by the Buyer and for the Buyer’s account. | ||||
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| 7. FORCE MAJEURE Circumstances of force majeure i.e. fire, flood, earthquake or other natural disaster, labour strike, war, military operations of any kind, blockades, prohibition of export or import shall relieve the Seller and the Buyer from the responsibility for non-fulfilment in whole or in part of any obligations specified in this Contract in the event and to the extent that the Seller or the Buyer, as the case may be, shall have been delayed, impeded or frustrated in the performance in whole or in part of such obligations. If as a result of such circumstances the quantity of Cement as per Clause 5 of this Contract has not been delivered in any month, the quantity of so short-shipped shall (unless otherwise mutually agreed) be deducted from the total quantity to be delivered under this Contract. If the said circumstances of force majeure remain operative for a continuous period exceeding 6 months, either Party shall have the right to cease the Contract and in such case neither of the Parties shall have the right to claim losses or damages. … 8. LEGAL ADDRESSES Sellers Buyers Sellers Buyers (Signatures) (Signatures) | ||||
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