SALES CONTRACT Date April 20, 2017 Party A ABC Trading Co, Ltd (Vietnam) Address Fax Represented by Hereinafter referred to the Seller Party B NZ Co, Ltd (Japan) Address Fax Represented by Hereinafter referred to the Buyer Both parties have agreed to sign the contract with the following terms and conditions 1 COMMODITY Vietnam Robusta Coffee 2 QUALITY According to the sample agreed by both parties (Sample No 2345) 3 QUANTITY 1,000 MT more or less 5% at the Seller’s option 4 PACKAGING The goods t.
SALES CONTRACT Date: April 20, 2017 Party A: ABC Trading Co, Ltd (Vietnam) Address: Fax: Represented by: Hereinafter referred to the Seller Party B: NZ Co, Ltd (Japan) Address: Fax: Represented by: Hereinafter referred to the Buyer Both parties have agreed to sign the contract with the following terms and conditions 1. COMMODITY: Vietnam Robusta Coffee QUALITY: According to the sample agreed by both parties (Sample No 2345) QUANTITY:1,000 MT more or less 5% at the Seller’s option PACKAGING: The goods to be packed in the Manufacturer's Standard Export Packing PRICE: Unit price: USD 1,800/MT FOB Saigon port, Incoterms 2010 Total amount: USD 1,800,000 +/-5% DELIVERY: Time of delivery: not later than August 26, 2017 Delivery of goods will be made FOB Port of Loading: Saigon Port of discharge: Osaka Partial shipment: not allowed The Buyer will advise the seller the name of vessel not later than three (03) days before shipping date by fax 7 PAYMENT: Payment by irrevocable L/C at sight for 100% of invoice value, in favor of the Seller Issuing bank: Tokyo Commercial Bank Notifying bank: Vietcombank, HCM city The following documents are presented for negotiation: ü Commercial Invoice in three originals ü Full set Bill of Lading marked "Freight to pay at destination” made out to order of Tokyo Commercial Bank ü Certificate of Quality and Quantity in two copies ü Packing List in two copies ü Certificate of Origin in two copies INSPECTION: The Buyer will inspect the goods before shipment In the event of any physical damages to the packing or shortage of goods in comparison with Certificate of quantity and quality, B/ L The Buyer shall appoint an Independent International Survey Company to make the survey report on the field The survey report shall be an evidence for making claims The Seller must be responsible for the replacement of shortage and damaged goods correctly Survey charges are covered by the Buyer If the goods conform with the shipping documents, and are in good condition, the Buyer shall inform the Seller by facsimile within seven (07) working days after the receipt of goods 9 FORCE MAJEURE: Flood, fire, strike or other labor disturbances, acts or omissions of government or other competent authorities, war declared or not, riot, civil commotion, sabotage, acts of god which may be occurred shall be considered as force majeure The party that bears force majeure has to notify the other party of the force majeure cases by fax/telex within five (05) days upon the force majeure taken place Such force majeure cases, if any, must be certified by the Chamber of Commerce of the country concerned 10 ARBITRATION: All disputes arising out of this contract or breach thereof which cannot be settled amicably by the parties concerned shall be settled by the International Arbitration Center in Vietnam The award of this organization shall be final and binding upon both parties In the event of arbitration, the party against whom the award is made shall bear the entire costs of both parties to the action 11 GENERAL TERMS: If any of the provisions in this contract is violated in part or whole, the aggrieved party shall formally inform the other party in writing to seek resolution This contract will come into force from the signing date This contract is made in four (04) copies in English Each party keeps two (02) copies of contract having equal value FOR THE SELLER FOR THE BUYER ...1. COMMODITY: Vietnam Robusta Coffee QUALITY: According to the sample agreed by both parties (Sample No 2345) QUANTITY:1,000 MT more or less 5% at the Seller’s option PACKAGING: The goods to