COMERCIAL CONTRACT
SELLER :
BUYER :
THE SELLER HAS HEREBY AGREED TO SELL AND THE BUYER HAS HEREBY AGREED TO PURCHASE STEEL SCRAP IN ACCORDANCE WITH THE TERMS AND CONDITIONS HEREINAFTER SET FORTH. NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS HEREIN CONTAINED, THE SELLER AND THE BUYER AGREE AS FOLLOWS
1. MATERIAL: Used rails ISRI code 27-29 r-50 r-65
2. ORIGIN: ……………
3. QUANTITY: 15.000 METRIC TONS +/- 10%
4. PRICE: USD /METRIC TON -CFR-FO PORT OF……………...
USED RAILS IN 1,5M LENGTH max
5. PACKING: IN BULK. MATERIEL SHOULD BE LOADED SAFELY AND PROPER CARE SHOULD BE TAKEN TO INSURE THAT THE MATERIEL CAN BE UNLOADED IN A SAFE AND EXPEDIENT MANNER. IF MORE THAN ONE QUALITY IS LOADED, THE DIFFERENT QUALITIES SHOULD BE PROPERLY SEGREGATED AND BULKHEADED TO AVOID COMMINGLING.
6. DELIVERY MEAN: BY SINGLE DECK, BOX TYPE, SEA GOING VESSEL OF MAX LOA 120 M & MAX DRAFT 8 M.
7. DELIVERY TERM: CFR - FO, PORT OF JORF LASFAR, MOROCCO. INCOTERMS 2000 TO APPLY EXCEPT WHERE THEY ARE IN CONTRADICTION WITH THE TERMS OF THIS CONTRACT, IN WHICH CASE THE TERMS OF THE PRESENT CONTRACT TAKE PRECEDENCE.
8.SHIPMENT: SHIPMENT IN 01 LOT FOR ARRIVAL LATEST 60 days after L/C date. PARTIAL SHIPMENT NOT ALLOWED.
9.PAYMENT TERMS:
BY IRREVOCABLE LETTER OF CREDIT (L/C) OPENED IN FAVOUR OF SELLER, FROM A FIRST CATEGORY BANK IN MOROCCO DIRECTLY THROUGH SELLER’S NOMINATED BANK.
LC TO BE OPENED LATEST 10 WORKING DAYS FOLLOWING SIGNATURE OF THE CONTRACT AND IN ANY CASE PRIOR TO VESSEL’S NOMINATION ACCEPTANCE.
100%, UP TO THE FULL VALUE (EXCEPT FOR DOCUMENTED QUANTITY/QUALITY CLAIMS IF ANY) AS PER FINAL/OUTTURN WEIGHT DETERMINED BY DRAFT SURVEY AT DISCHARGING PORT, SHALL BE PAID 45 CALENDAR DAYS AFTER B/L DATE AGAINST THE FOLLOWING DOCUMENTS:
• 2/3 OF BILL OF LADING CLEAN ON BOARD (+2 NON-NEGOTIABLE COPIES),
• o MASTER RECEIPT CONFIRMING THAT HE HAS RECEIVED 1/3 ORIGINAL BILL OF
LOADING ON BOARD VESSEL (S)
o 1 COPY EUR1 CERTFIFICATE
o 1 ORIGINAL CERTIFICATE OF NON RADIOACTIVE MATERIAL, ISSUED BY A MUTUALLY
AGREED AND INTERNATIONALLY RECOGNIZED INDEPENDENT SURVEYOR AT
DISPORT.
o 1 ORIGINAL WEIGHT NOTE/CERTIFICATE, ISSUED BY A MUTUALLY AGREED AND
INTERNATIONALLY RECOGNIZED INDEPENDENT SURVEYOR AT DISPORT.
o 1 ORIGINAL QUALITY CERTIFICATE ISSUED BY A MUTUALLY AGREED AND
INTERNATIONALLY RECOGNIZED INDEPENDENT SURVEYOR AT DISPORT.
o COMMERCIAL INVOICE EVIDENCING 100% PAYMENT CALCULATED ON THE BASIS OF FINAL QUANTITY AS BEING NET OUTTURN WEIGHT ACCORDING TO INSPECTOR
CERTIFICATES AT DISPORT. LETTER OF CREDIT SHALL BE OPENED ACCORDING TO CONTRACT TERMS AS FOLLOWS:
- L/C TO ALLOW SHIPMENT UNTIL OCTOBER 30TH 2013 AND VALIDITY UNTIL NOVEMBER 15TH .2013
- DOCUMENTS PRESENTED BEYOND 21 DAYS AFTER B/L DATE BUT WITHIN CREDIT VALIDITY
ARE ACCEPTABLE
- L/C TO ALLOW CHARTER PARTY B/L
- TOLERANCE OF +/- 10 PCT ON TOTAL QUANTITY AND TOTAL VALUE ALLOWED
- THIRD PARTY DOCUMENTS ACCEPTABLE. THESE DOCUMENTS MAY ALSO SHOW
REFERENCES OTHER THAN THOSE INDICATED OR RELATED ON THE PRESENT CREDIT.
- L/C TO INDICATE: “SPELLING OR TYPING ERRORS NOT AFFECTING FIGURES ARE NOT
CONSIDERED DISCREPANCIES".
- L/C TO BE SUBJECT TO THE UNIFORM CUSTOMS AND PRACTICE FOR DOCUMENTARY
CREDITS, 2007 REVISION, ICC PUBLICATION NO. 600 - ALL BANK CHARGES AND COMMISSIONS IN MOROCCO ARE FOR APPLICANT’S ACCOUNT;
ALL BANK CHARGES AND COMMISSIONS OUTSIDE OF MOROCCO ARE FOR BENEFICIARY’S
ACCOUNT.
- L/C TO BE OPENED AS PER CONTRACT TERMS, ALL AMENDMENTS REQUIRED AS A RESULT
OF NOT OPENING L/C AS PER CONTRACT TERMS ARE FOR APPLICANT’S ACCOUNT.
10. INSPECTION:
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