CONTRACT

No.
Date

FOR PURCHASE AND SALE OF METALS

THE PRESENT CONTRACT HAS BEEN SIGNED BETWEEN BOTH PARTIES FOR DELIVERY OF

 

ON TERMS AND CONDITIONS AS FOLLOWS:

SELLER:

HEREINAFTER REFERRED TO AS THE SELLER

AND

BUYER:

 

 

 

HEREINAFTER REFERRED TO AS THE BUYER

1. SUBJECT OF THE CONTRACT:

UNDER THIS CONTRACT THE SELLER SELLS AND THE BUYER BUYES:

 

2. QUANTITY:

 

3. SPECIFICATION:

 

- WEIGHT Ė INVOICING ON REAL WEIGHT

4. QUALITY:

 

MARKING: WEIGHT, SIZE, QUALITY, PRODUCERíS NAME, HEAT No, CUSTOMERíS NAME.

5. LENGTH:

 

6. PACKING: IN BUNDLES, TIED SECURELY STRAPPED WITH STEEL STRIPS ON 4 PLACES.
BUNDLE WEIGHT:

 

7. PRICE:

 

8. CONTRACTUAL VALUE

 

 

GRAND TOTAL:

9. PAYMENT: THE TOTAL CONTRACTUAL VALUE TO BE PAID UNDER THE FOLLOWING PAYMENT CONDITIONS:

9.1. IRREVOCABLE, NON-TRANSFERRABLE LETTER OF CREDIT, PAYABLE AT SIGHT
9.2. PBG : 2,5 pct
9.3. SELLERíS ACCOUNTS IN:

  • UNIONBANK SOFIA, CBUNBGSF

10. TERMS AND TIME OF DELIVERY:

FOB STOWED PORT BOURGAS, BULGARIA

 

11. DOCUMENTS, ISSUED BY THE PRODUCER:

 

 

 

 

 

 

 

12. CLAIMS:

WEIGHT QUOTED IN THE TRANSPORT DOCUMENT IS ACCEPTED AS OFFICIALLY DELIVERED.

IN CASE OF DISCREPANCY BETWEEN DISCHARGED QUANTITY AND DECLARED IN THE TRANSPORT DOCUMENT, BUYER HAS THE RIGHT TO CLAIM UNDELIVERED QUANTITY WITHIN 30 /THIRTY/ DAYS AFTER DATE OF DISCHARGING OF THE GOODS, SUBSTANTIATED BY A SURVEY REPORT ISSUED BY AN INTERNATIONAL NEUTRAL SURVEY ORGANIZATION.

A CERTIFICATE ISSUED BY AN OFFICIAL NEUTRAL INTERNATIONAL SURVEY ORGANIZATION ALONG WITH ORIGINAL SCALE WEIGHT TICKETS MUST SUBSTANTIATE CLAIMS FOR QUANTITY AND/OR WEIGHT.

WEIGHT DISCREPANCIES BETWEEN DISCHARGED AND DECLARED WEIGHTS EQUAL OR LESS THAN 0,05 % OF TOTAL QUANTITY ARE NOT SUBJECT OF CLAIM. IF THE WEIGHT DISCREPANCY IS ABOVE 0,05 % OF TOTAL QUANTITY THE FULL SHORTAGE TO BE COMPENSATED.

13. FORCE MAJEURE:

SHOULD ANY CIRCUMSTANCE PREVENTING THE COMPLETE OR PARTIAL FULFILLMENT BY ANY OF THE PARTIES OF THEIR RESPECTIVE OBLIGATIONS UNDER THIS CONTRACT OCCUR NAMELY: NATURAL DISASTERS - FLOOD, FIRE, EARTHQUAKE, ETC. UNPREDICTABLE CIRCUMSTANCES DISRUPTING PRODUCTION OR TRANSPORTATION OF THE GOODS, POLITICAL, ECONOMICAL AND SOCIAL DISTURBANCES AS REVOLUTION, COUP-DE-ETAT, BLOCKAGES, EMBARGO, AND NATIONAL OR LOCAL STRIKE, WAR ETC. EXPORT BAN, THE PERIOD FOR FULFILLMENT OF THE OBLIGATIONS IS TO BE PROLONGED WITH TIME EQUAL TO THE TIME OF FORCE MAJEURE.

SHOULD ANY FORCE MAJEUR LAST MORE THAN 1/ONE/ MONTH SELLER HAS THE RIGHT TO CANCEL THIS CONTRACT WITHOUT ANY JUDICIAL INTERVENTION OR ARBITRATION AND WITHOUT ANY RESPONSIBILITY FOR COMPENSATION TO BUYER.

THE PARTY DECLARING ANY OF THE ABOVE MENTIONED FORCE MAJEURE CIRCUMSTANCES HAS TO IMMEDIATELY PROVIDE A FORCE MAJEURE CERTIFICATE SIGNED AND ISSUED BY THE PRESIDENT OF THE RESPECTIVE CHAMBER OF COMMERCE. THE CERTIFICATE SHOULD DESCRIBE THE NATURE AND PERIOD OF THE FORCE MAJEURE.

14. ARBITRATION AND APPLICABLE LAW:

BOTH PARTIES AGREE TO SOLVE ALL PROBLEMS ARISING AMICABLY BEFORE GOING TO COURT. SHOULD AN AMICABLE SETTLEMENT NO BE POSSIBLE, ALL DISPUTES SHALL BE FINALLY SETTLED UNDER THE RULES OF CONCILIATION AND ARBITRATION OF THE BULGARIAN CHAMBER OF COMMERCE AND INDUSTRY IN SOFIA. ITS RULES AND DECISION ARE FINAL AND OBLIGATORY FOR BOTH PARTIES. APPLICABLE LAW IS BULGARIAN MATERIAL LAW.

THIS CONTRACT IS SIGNED IN TWO COPIES IN ENGLISH, ONE FOR EACH OF THE PARTIES.

ON BEHALF OF

SELLER:

..............................

ON BEHALF OF

BUYER:

..............................

 

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