【正文】
accordance with the terms provided in Appendix hereto. The operative Letter of Credit will be issued on or before February 18,2005 otherwise a breech thereof will be declared and subject to demand under clause .Title for the goods will pass from Seller to the Buyer upon clearance of funds into the Sellers account by means of Clean On Board Blank Endorsed Ocean Bill of Lading marked “Negotiable” and risk if subject to clause All provisions included in the Delivery Schedule will be observed by both Buyer and Seller and breaches in the provisions will be subject to penalties as per provisions under clauses and . SALES CONTRACTContract Number:Acceptance Expiration Date:Contract Date:SELLER: Company name:Address: Signatory: Email: BUYER: Company name:Address:Tel:Fax:Signatory:Email: I. OBJECT Loading Port: Shall be defined in the Delivery Schedule Appendix 3, or as designated by Seller.The unit of measurement in this contract is metric tons of weight (MTW). Months are calendar months according to the Gregorian calendar.The quantity of goods will be confirmed on a certificate issued by the independent international survey pany “SGS” (Societe General de Surveillance), CIQ or CCIC at sellers expense. Other quantity inspections at the port of unloading shall be at the buyers expense.The Buyer shall pay the Seller in United States Dollars “USD”The value of deliveries is $xxxxxx USD (+/5%)(five Percent) American Dollars.VI. DELIVERY TERMS AND PARTIES OBLIGATIONS The price includes up to 30 days storage and insurance of any consignment in the port of loading. ISRI 200206 is $ xxx USD per MTW prior to unloading at 30,000 MTW per month for 12 months.The quality of the goods will be confirmed by a certificate issued by the independent international survey pany “SGS” (Societe General de Surveillance) which shall be binging on both parties in all respects, including but not limited to the replacement of faulty goods paid for by the seller. Other quality inspections at the port of unloading shall be at the buyers expense.V. PRICE AND TOTAL AMOUNT OF CONTRACTThe goods will be delivered over 12 calendar months in accordance with Delivery Schedule in Appendix hereto.Terms of Delivery are included in the Delivery Schedule in Appendix No. 3 hereto.III. QUANTITY OF GOODSThe Seller shall deliver the goods under delivery of conditions: CIF destination in accordance with INCOTERMS2000. The Parties may agree upon the extension of the delivery period. On this event, the Party responsible for the delays (Seller in delivery or Buyer in unloading) will have to beat the costs for the extension of the validity of the Letter of Credit as well as the costs of storage in the Port of Loading.The quality and quantity of goods stated in the Bill of Loading, and or WR (where permitted) shall be conclusive evidence of the quality and quantity of goods delivered.The Buyer shall TT a refundable deposit to acpany this contract in the amount of $xxxxxxxxx USD, which shall be refunded upon receipt of clear funds on a valid Letter of Credit as per this contract.For the proper performance of the contract and counter guarantee of the Buyers valid Letter of Credit, Seller shall issue a Bank Performance Bond in the amount of xxxxxx USD American Dollars with a validity of 12+3 months in case of delays. The Performance Bond will be the acting instrument immediately from date of reception of the first payment received from the buyers bank when the Sellers bank will issue a SBLC naming the buyer as the beneficiary in the amount of the performance bond. Original certificate of origin issued by Chamber of Commerce and Industry of the country of export: 3 originals and 3original copies. Force majeure is understood as per provisions under ICC500 and means any event such as five, explosions, hurricanes, floods, earthquakes and similar natural calamities, wars, epidemics, military operations, terrorism, riots, revolts, strikes, industrial unrest, government embargoes, or other unforeseeable actions occurring after the conclusion of this contract and outside the sides reasonable control and which cannot be avoided by the reasonable diligence that could delay or prevent the performance of either sides obligations in this contract. The Force Majeure event does not exonerate the Buyer from paying for the goods already delivered under documents in section 9 Bill of Lading. XII. SELLER LIABILITYFailure to delivery full quantity within extended period will entail penalties at the rate of % (point three percent) pro rata temporize of the value of the undelivered goods. The total value of the penalties cannot exceed 5% (five percent) of the v