Với mọi trách nhiệm thuộc v mình, Khách hàng đ`ềnghị Ngân hàng TMCP Ngoại thương Việt Nam — Chi nhánh Hà Tây (sau đây gọi tất là “Ngân hàng”) phát hành thư tín dụng không hủy ngang (sau đây gọi tất là “L/C”) với nội dung sau:
At our own risks and responsibilities, the Customer kindly requests Joint Stock Commercial Bank for Foreign Trade of Vietnam — Ha Tay Branch (Hereinafter referred to as the “Bank”) to issue an Irrevocable Letter of Credit (Hereinafter referred to as the
“L/C”) with the following terms:
(1)O Transferable 0 Confirmed 0 May Add _ o Others Letter of Credit issued by 0 Mail O SWIFT
(2) Expiry Date (yy/mm/dd) 25th July 2024 Expiry Place: China (3) Beneficiary’s Bank (Full name & address) China Merchants bank Address: No.23, Hangda Rd, Huanglong CBD, Xihu District, Hangzhou City, Zhejiang Province, China
SWIFT code (preferably): TECH21092017 (4) Applicant (Full name & address) TM Co., Ltd
Address: No 173, Bich Hoa Wards, Thanh Oai District, Hanoi, Vietnam (5) Beneficiary (Full name & address)
Yiwu Conchen Glasses Co., Ltd
Address: 7/F, Block 17a, Lugang Electric Mall, Jinhua, Zhejiang, China.
Bank account: 06666999999 At; China Merchants bank
(6) Currency (ISO)
USD Amount 4.000 USD % More or Less Allowed
0%
in words: four thousand US dollars.
(7) This credit is available with by 0 any bank c Issuing bank o other bank (please specify)
by c negotiation 0 sight payment 0 acceptance 0 def payment O mixed payment (8) Drafts to be drawn at
O Sight
oO _____ days after Bill of lading date Oo ____ days after Air Waybill date
q
Oo Drafts not required (9) Drawee: O1 Issuing Bank n
(10) Mixed payment details
- First time: (1,200 USD) Pay 30% of the order value by T/T as a deposit on the goods when the contract is signed (9th April 2024)
- Second time: (2,800 USD) Pay 70% by L/C when receiving goods (22nd April 2024).
(11) Deferred payment details: Drawdown of the LC will occur upon receipt by the Buyer of the documents required at the port of loading.
(12) Partial Shipment O Allowed O Not allowed Transshipment O Allowed O Not allowed (13) Shipment
Place of taking in charge/ Dispatch from .... / Place of Receipt: Ningbo Port, China Port of loading/Airport of departure: Ningbo Port, China
Port of discharge/Airport of destination: Haiphong Port, Vietnam
Place of final destination/ For Transportation to .../ Place of Delivery: Haiphong Port,
Vietnam
(14) Latest Shipment date (yy/mm/dd): 31/05/2024 (15) Shipment Period: 21/05/2024
(16) Shipping Terms 0 INCOTERMS 2020 0 INCOTERMS 2010 O FOBO CPTO FCAO CIPO CIF O CFR OEXW L1 Other Haiphong Port
Named port / place
Description of goods and/ or Services: Fashion Sunglasses Quantity: 2000 pieces, Unit price: USD 4000
Price term: CIF Haiphong Port, Vietnam, Incoterms 2020
(17) The product is transported I carton with a net weight of approximately 100 kgs, with a 1% increase or decrease allowed.
(18) Document required
This documentary credit is available against presentation of the following documents:
O1 Signed commercial invoice, 03 original, 02 copies.
O Full set (3/3) of original clean shipped on board ocean Bill of Lading, made out to n order and blank endorsed
1 the order of Technological and Commercial Joint Stock Bank of Viet Nam — Ha Tay Branch
ủ >
marked freight 0 prepaid o collect, o showing L/C number © notifying the applicant O1 Original no.3 (for the shipper) of Air Waybill consigned to
O Technological and Commercial Joint Stock Bank of Viet Nam, Ha Tay Branch ,
q
marked freight 0 prepaid co collect, 0 showing L/C number and notifying the applicant O1 Inspection certificate issued byin | original, 2 copies
OSGS Certification of quality and quantity issued by SGS China in 01 original, 02 copies
O Full set of original insurance policy/certificate in assignable form and endorsed in blank, covering Institute Cargo Clause 0 AO BOC for at least 110 percent of invoice value, showing claim payable in Vietnam in invoice currency and total number of original(s) issued.
O Certificate of origin issued by the Chamber of commerce of the producting and exporting country of the goods in 03 original, 02 copies
O Packing list in 03 original, 02 copies
O Beneficiary’s Certificate certifying that one set of non-negotiable documents plus_ — have been sent by Express courier to the applicant within
___days after transportation document date enclosing its receipt.
O1 Other documents: (please specify) The bank of Korea guarantee is issued and notified to the Bank of Vietnam to guarantee the Buyer
(19) Additional conditions:
O All documents must be issued in English
O1 The amount utilized must be endorsed on the reverse of the original L/C.
(20) Charges:
O All banking charges are for Beneficiary’s account.
O All banking charges are for Applicant’s account.
O1 All banking charges outside Vietnam are for Beneficiary’s account
O All banking charges other than Issuing bank’s charges are for Beneficiary’s account O1All banking charges are for Beneficiary’s account except L/C issuance’s charges O1 Others (please specify): The bank of China guarantee is issued and notified to the Bank of Vietnam to guarantee the Buyer: China Merchants bank
(21) Period for presentation:
O within 7 days after shipment date O Other:
(22) Instruction to Paying/ Accepting/ Negotiating Bank:
Upon receipt of
O the authenticated Swift which are complied with the terms and conditions of this Credit
C1 the Documents will make payments/ acceptances as instructions of Paying/
Accepting/ Negotiating Bank (23) Other Instructions:
This credit is subject to the Uniform Customs and Practice for Documentary Credits International Chamber of Commerce, Prevailing Publication.
The Customer hereby undertakes and assures that:
1. Khách hàng cam kết và cam đoan nh sau/The Customer hereby undertakes and assures that:
L/C được mở theo Hợp d tng bán Kính mắt thời trang, số JW 2021041601 và Phu luc hợp đ'ông số 03 ký ngày 25/04/2024 giữa Khách hàng và Công ty TNHH TM; Khách hàng cam kết và bảo đảm v tính hợp pháp của hàng hóa, dịch vụ và có đẦ% đủ các giấy tở, tài liệu chứng minh hang hóa, dịch vụ phù hợp với quy định của pháp luật.
This L/C is issued according to Contract for sale of Fashion sunglasses No 29/KM-LC and the Contract Appendix dated April 25th, 2024, between the Customer and TM Co., Ltd; the Customer undertakes and warrants the legality of goods, services and have all supporting documents to evidence such legality.
2. L/C tuân thủ theo Quy tắc v`êthực hành thống nhất tín dụng chứng từ ấn phẩm hiện hành do Phòng thương mại quốc tế (CC) ban hanh /This L/C is subject to the Uniform Customs and Practice for Documentary Credits, ICC Prevailing Publication.
3. Bảo đảm ngu ôn vốn thanh todn L/C nhw sau /Undertake to effect payment under L/C from the following sources of finance:
o Payment under L/C from following Sources of finance:
Tỷ lệ Số tiền Số tài khoản
Percentage Amount Account number
O Deposit/ Ki quy O Loan / Vay O Non-deposit/
Mién ki quy
o Ngu ồn vốn thanh toán L/C từ ngu ân vay nước ngoài thuộc Hiệp định vay nợ số...
ngày .../
The L/C is financed by overseas funds under the Loan Agreement No.... dated...
4. Thực hiện thanh toán L/C/ L/C Payment:
4.1. If the payment under L/C uses partial or full loan source of finance, the Customer commits to fulfil in full and on time the repayment obligations as stipulated under the Credit Extension Agreement and/or Credit Agreement and/or Loan Agreement and/or
other contract, agreement, documents signed between the Customer and the Bank.
4.2. If the payment under L/C uses partial or full non-deposit sources of finance, the Customer hereby undertakes:
a) To have adequate foreign currency for the L/C payment right upon: (i) the advice of the Bank uponthe receipt of reimbursement claim/T/T reimbursement claim and/or documents; or (ii) the receipt of the Bank regarding the request for deposit by any foreign Bank
b) To authorize the Bank to deduct (debit) any account (including but not limited to current account, savings account and other accounts) of the Customer and/or subsidiary of the Customer held at the Bank and/or within the system of the Bank for payment regarding the L/C, interest, fees and other financial obligations (if any).
c) If the account deducted by the Bank (Debit) has no available amount or insufficient balance amount for payment under L/C, the Customer must immediately transfer an equivalent amount of payable by the Bank regarding the L/C, interest, fees and other financial obligations (if any) to the account of the Customer held at the Bank and/or the account designated by the Bank for the L/C payment.
d) In case the fund transfer is not performed or not adequately made by the Customer as provided under point c, paragraph 4.2, clause 4 herein and Customer’s credit facility at the Bank is available, the Customer will be subject to such disbursement and debenture as provided under the Credit Extension Agreement and/or Credit Agreement and/or Loan Agreement and/or other contract, agreement, documents signed between the Customer and the Bank. The date on which such debenture takes place and the interest calculation is accrued shall be the date the payment under L/C effected by the Bank.
e) The Customer hereby authorizes the Bank to open one or more accounts for the Customer’s disbursement and debenture which shall constitute a mandatory loan of the Bank. Such loan shall be equivalent to the payable amount by the Bank regarding the L/C payment.
f) Upon the debit to the Customer’s mandatory loan account(s) of the equivalent amount payable by the Bank regarding the L/C payment, the Customer hereby agrees as follows: (i) To be subject to the debenture of the loan term, payment schedule determined by the Bank; (ii) The applicable interest rate shall be in accordance with the notice of the Bank on such debenture (which shall not exceed 150% of the interest rate applicable to the loan of the same loan term offered by the Bank) accrued from the date when the L/C payment is covered by the Bank until the Customer’s fulfillment of
refunding obligation of the equivalent amount with interest, fees and other financial obligations (if any). In this case, the Application and Agreement for L/C issuance submitted to the Bank by the Customer and the Bank’s written notice advising the Customer the payment under L/C had been effected shall deem the ground for our debt acknowledgement with respect to the payable amount paid under L/C by the Bank.
g) Upon the maturity date, if the foreign currency owned by customer is not available or adequate for the repayment amount under the L/C and the funding source in VND is available, the Customer agrees to buy foreign exchange from the Bank under specific provisions of a FX contract signed between the Customer and the Bank (if any). In this case, the Customer agrees to pay any relevant fees, expenses for the breach of commitments due to the lack of foreign currency as requested by the Bank but shall not exceed [ ...] % the foreign exchange amount which is sold to Customer by the Bank for the L/C payment.
5. Under no circumstance, shall the Customer refer to any claim or dispute between the Customer and the Bank and/or any third party as the ground to waive the the Customer’s payment obligation to the Bank.
6. The Customer requests the Bank to collect charges related to this L/C (if any) from Customer’s account no.: 1903 8668 9889 18
7. The Customer commits to pay the Bank all charges related to L/C borne by the Beneficiary or any third partyGes) from whom the Bank may not be able to collect.
Under no circumstance, the Customer shall be fully responsible for any acts, liabilities, claims, damages and expenses regarding the L/C issuance incurred by the Bank according to the Customer’s application. The Bank shall be entitled to apply necessary measures and procedures including but not limited to lawsuit under applicable laws to claim back the payable amount under such L/C, interests, fees and other financial obligations (if any) upon any breach by the Customer towards the Bank.
8. In case of any discrepancies between the Vietnamese and English versions in this Application and Agreement for Letter of credit issuance, the Vietnamese version shall prevail.
9, The execution and implementation of this Application and Agreement for Letter of credit issuance are not in breach of the law, the internal rules of the Customer as well as the undertakings and agreements between the Customer and any other persons.
10. The Customer has carefully read, fully understood and voluntarily signed and effected this Application and Agreement for Letter of credit issuance.
11. This Application and Agreement for Letter of credit issuance shall be governed by and construed in accordance with Vietnamese laws. Any dispute arising out of or relating to this Application and Agreement for Letter of credit issuance shall be first resolved on a negotiation basis between the Bank and the Customer. In case of the failure to negotiate, the Bank and the Customer agree to settle the dispute at the competent People’s Court of Vietnam where the office of the Joint Stock Commercial Bank for Foreign Trade of Vietnam - .... Branch is located at the time of submitting the claim.
12. This Application and Agreement for Letter of credit issuance shall establish and bind the rights and obligations of the Customer and the Bank when the Bank approves the discounting as requested by the Customer and signs and affixes with the seal in section II of this Application and Agreement for Letter of credit issuance.
13. This Application and Agreement for Letter of credit issuance shall be executed in 02 (two) originals with equal validity, the Customer shall keep 01 (one) original and the Bank shall keep 01 (one) original.
Khi cần liên hệ với/Contact Viet Nam, ngay/date 25, thang/month 04, year
Ông/Bà/Mr/Mrs. Nguyễn Tú Hảo 2024
Phone No.: 0988 966 988 Legitimate representative of the Customer Email: tmlogistic@gmail.com (Signature, full name, position, seal if any)
Hao Nguyễn Tú Hảo