Mineral Export Purchase Agreements
76
Mineral Export Agreement sample :
BETWEEN
Tom & Co
AND
Sam & Co
DATE : ..................
AGENCY AGREEMENT FOR THE TRANSPORTATION OF MANGANESE ORE
THIS AGREEMENT is made the .... day of ....., 20.. BETWEEN ...........of (hereinafter called “Tom”) of the first part and ...................of a company with its registered address at .........(hereinafter called “Sam”) of the second part.
WHEREAS:-
Tom is appointed by Sam as the agent to transport Manganese Ore (hereinafter called the “Goods) in any warehouse or area in ........to the loading port ...... and their Services shall include, but not be limited to, the following:
1. Transportation of Goods from …..to ……..with insured vehicles;
2. Payment for fees and charges of Export Tax and Export Documentation
3. Trucking of Container to Warehouse with insured vehicles;
4. Trucking to the port with insured vehicles;
5. Packing of Goods to Truck/Container;
6. Loading and Unloading of Goods to/fro Truck/Container; and
7. Warehouse in …….to keep the Manganese Ore stock and insurance
8. Demurrage and contingencies.
and Sam has offered to pay Tom at a unit price of US$00.00 per metric ton for their Services on the terms and conditions hereinafter appearing and shall be reviewed according to market forces.
See: Oil & Gas SPA Contract Agreement
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NOW IT IS HEREBY AGREED AS FOLLOWS:
1. COMMENCEMENT AND DURATION
This Agreement shall commence on ....., 20.. and shall be valid for a period of .. year unless terminated or extended in accordance with the terms of this Agreement and as agreed by both parties.
2. DEFINITIONS & PRODUCT
Commodity : Manganese Ore.
Loading Port : ................................
Unloading Port : ..................................
Country of Origin : ...................................
The shipping schedule of deliveries within 14-21 days from the date of received letter of credit (L/C) and confirms by Tom bank
Packing “:No outer package or 50 kg per Bag stuffed in 20 footer containers.
(25 Metric Tons in 20” Foot Container)
4. SCOPE OF SERVICES
a. Tom shall provide and arrange for logistics, tools and equipment, manpower and other resources that are needed for the transportation of Goods. All fees pertaining to the Services/transporting of Goods such as vehicle/equipment rental, documentation charges, communications charges, breakdown of vehicle, insurance, fine shall be borne by Tom.
b. Tom shall indemnify Sam against all costs and the like resulting from any failure to co-ordinate the Services or to transport the Goods as per the schedule as instructed by Sam
c. In the event of any lost of Goods during transporting, Tom must take full responsible and indemnify Sam against all costs including the cost of Goods, transportation cost and all associated costs. Tom must pay Sam the cost of Manganese Ore after indemnification from insurance company and Sam shall not pay Tom for their transporting of Goods.
d. Tom shall indemnify Sam against all costs and the like resulting from any failure to transport the goods and indemnification by the insurance company.
e. Tom shall liaise directly with the relevant authorities and services providers, and be responsible for applying and obtaining all approvals, licenses and permits for the transportation of Goods and where necessary involve Sam
f. Tom shall maintain a high standard of housekeeping and ensure fire safety for the duration of the Agreement. The Contractor shall keep as clean, neat and safe a condition as possible by ensuring that the warehouse is in good condition.
g. The cost of freighting to china shall be $00.00 per 20” foot container and this subject to review according to market forces.
5. PAYMENT OF SERVICES
a. In consideration of the obligations undertaken by Tom hereunder, Sam shall make payment to Tom based on Letter of Credit at sight, 100% confirmation Letter of Credit (Invoice, B/L & Analysis Report). The unit price for the transportation of Goods/Services and (Including Container charger to china) US$00.00per metric ton of Goods as agreed by both parties.
Documents For Drawing Under LC
Tom shall provide Sam with the following documents as called for under the LC for 100.0 % of the CFR value of the Goods:
(i) Seller's signed Commercial Invoice in 1 original and 3 copies indicating Contract Number, LC Number, Bill of Lading Number & Date, Name of Carrying Vessel, Container Numbers and CFR Value of Goods;
(ii) Full Set of 3/3 Original “Clean On Board” Ocean Bills of Lading made out to order, blank endorsed and marked “Freight Prepaid” notifying the applicant or agent;
(iii) Certificate of Weight or Packing List in 1 original and 2 copies issued by Seller;
(iv) Certificate of Quality in 1 original and 2 copies issued by Mining Corporation
(v) Certificate of Origin in 1 original and 2 copies issued by a competent authority certifying the Goods are of ....... origin
(vi) Seller's certified copy of fax sent to Buyer within 2 (two) working days after shipment date advising shipment details including the contract number, name of vessel, container numbers, gross weight, name of goods, invoice value and bill of lading number and date; and,
b. All payments under the Agreement shall be made in United States Dollars under as may be determined by circumstance.
6. TERMINATION
(i) from previous transactions.
a. The Agreement may be terminated, without prejudice to any rights accruing to either party prior to such termination in the following circumstances.
(i) by giving the other party 30 days prior notice in writing; or
(ii) upon breach by the other party of any of its obligations under this Agreement. This right of termination shall be exercised only after a notice in writing of the breach has been served on the defaulting party and the party in default fails to rectify the breach within 30 days from the date of notice.
Upon termination of this Agreement: -
(ii) Tom shall cease the transportation of Goods/Services to Sam;
(iii) Tom / Sam shall pay all outstanding sums as at the date of termination.
Upon termination of this Agreement, the parties shall use their best endeavours to wind up the work carried out in relation to the Services and where applicable to complete such outstanding work during the relevant action periods provided there is no outstanding payments
7. Bank Information :
BUYER’S BANK DETAILS:
Name Bank :
Bank Address :
Account Name
Account No. :
Swift Code :
Sellers’s Bank Information :
BANK DETAILS
Corresponding Bank Details
SELLER’S BANK
ADDRESS
SWIFT CODE
Routing ABA Number
ACCOUNT NUMBER
Advising Bank
ACCOUNT NAME
BRANCH
SWIFT CODE
BENEFICIARY: For Further Credit to
ACCOUNT NAME
ACCOUNT NUMBER
SWIFT CODE
PHONE
See: Dubai Business Hub
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8. FORCE MAJEURE
a. The parties shall not be liable for any failure to perform their respective obligations under this Agreement due to causes beyond their control, including but not limited to acts of God, acts of civil or military authority, fires, strikes, lockouts, flooding, civil commotion and wars.
b. Either party may terminate this Agreement by 30 day’s notice in writing to the other party if the failure to perform continues for a period of 30 days.
9. NOTICES
a. Any communication or notice to be given under this Agreement shall be in writing and shall be deemed to have been duly given on the day of service if delivered by hand or transmitted via fax and within 2 days if sent by registered or ordinary post to the party to whom it is required to be given at such party’s address specified in the opening paragraph of this Agreement or such other address as such party shall have designated by notice in writing to the party giving such notice.
b. This Agreement may not be varied except by written agreement of the parties.
10. CONFIDENTIALITY OF INFORMATION
a. The parties hereto agree that they shall not disclose and shall ensure that their respective employees, agents and servants do not disclose any confidential information regarding the other obtained in connection with the Agreement to any third party during and after the termination of the Agreement without the prior written consent of the other party. This confidentiality obligation shall not extend to information which is independently developed by a party and to information which comes into the public domain without breach of this obligation.
11. APPLICABLE LAW
a. The Agreement shall be governed by and construed in accordance with the International Laws.
b. The legal expenses shall be borne by the losing party
12. ASSIGNMENT AND SUB-CONTRACTING
a. Neither party shall assign or sub-contract this Agreement or any part thereof without the prior written consent of the other.
13. ENTIRE AGREEMENT
a. This Agreement shall become effective from the date of this Agreement. No amendments or changes to this Agreement shall be effective unless made in writing and signed by authorised representatives of the parties. Any renewal of this Agreement shall be by mutual agreement of both parties.
Dated this ........ day of ..........
....................................... . .......................................
Seller's Seal Buyer's Seal
....................................... . ............................................
Sellers Witness Buyer's Witness
