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雷达卡
Contract
Contract no.
Between: vietnam national coal, mineral industries group
And:
It is mutually agreed as follows:
The seller agrees to sell and the buyer agrees to buy vietnam anthracite coal to chna on terms and conditions as follows:
1. commodity: (in bulk)
hongay anthracite coal no.
(dry calorific value kcal/kg min)
2. specifications:
total moisture (as received) 8.0% max
ash (dry basis) 36% max
volatile matter (dry basis) 8.0% max
sulphur (dry basis) 0.6% max
calorific value (dry basis) 5201-5500 kcal/kg
size: 0
total moisture: in case the moisture exceeds 8.0% on a received basis, a quantity corresponding to the percentage of moisture in excess shall be deducted from the quantity shipped.
Calorific value: if according to the certificate of quality issued by the measure and quality control company, quangninh (quacontroal) the actual calorific value on a dry basis is under 5.201 kcal/kg min, the invoice price to be adjusted on the actual calorific value applying the following formula respectively:
usd/mt x actual calorific value
Invoice’s price=-------------------------
5.201 kcal/kg
Analysis and survey: analysis of quality and quantity shall be carried out by the measure and quality control company, quangninh in accordance with the iso standard in force and such cost shall be at the seller’s account.
For the witness, umpire samples to be kept for two(2) months at loading port after the date of b/l (if any claim occur.)
Such analysis of quality and quantity shall be final for invoicing purpose.
3. quantity and price:
the seller shall sell and the buyer shll buy hongay anthracite as follows:
3.1 quanity:
mt +/-10% at the buyer’s option
3.2 price: usd/mt fobt campha, vietnam
4. loading port:
one safe berth of one safe port, and/or anchorage area of one safe port, where the seller shall guarantee sailing draft: 9:00 am at campha port.
5. destination: huangpu port, guangzhou, china.
6. payment:
payment shall be made by irrevocable lc at sight covering 100 shipment value in favor of vinacomin northern coal trading joint stock company advising through bank for foreign trade of vietnam or citibank hanoi branch, issued by bank of china agreed by the two parties. Such lc shall be opened with full details by telex or cable and the lc must be reached the seller not later than seven days prior to the estimated time of arrival at loading port of the vessel.
Payment shall be made by opening bank value five days upon receipt of tested telex confirming documents are complied with lc terms and conditions from the negotiating bank. The documents are required for the presentation at a bank agreed by the two parties (in vietnam) as follows:
One signed original and two copies of the seller’s signed commercial invoice, signed by the seller, detailing the quantity of coal shipped, the unit price and amount due, the name of vessel and the bill of lading number (if any) and date.
A set of 3/3 original clean on board ocean bill of lading (charter party bill is acceptable).
One original and two copies of certificate of quantity by draft survey issued by the measure and quality control company ,quangninh.
One original and two copies of certificate of quality issued by the meausre and quality control company, quangninh.
7. shipment to be effected by the following methods:
both parties shall make the advice of deliveries schedule for the respective party in accordance with the following way:
cargo shall be shipped from to dec. 31,2007
the buyer shall advise by fax for stem at least 5 days prior to the date estimated to arrive at loading port stating clearly: name, the nationality, and particulars of nominated vessel for confirmation of the seller, ( replying within 1 day whether accepted or not), quantity and respective grades of coal, together with her lay days within approximately 7 days.
The buyer shall definitely and officially book the vessel only after stem is accepted by the seller.
The buyer shall advise by fax any change of the nominated vessel to have the seller’s confirmation ( the seller shall reply by cable within 24 hours excluding Sundays and holidays)
Seven days prior to the estimated date of arrival of the vessel at loading port the buyer or the shipmaster shall cable to the seller indicating the date of presentation of the vessel
3 days prior to the date of presentation of the vessel, a notice on precise date of arrival and quantity to be shipped should be sent by fax to the seller.
Prior to the vessel’s arrival , the owner / shipmaster to get in touch with the vinacomin shipping agency joint stock company (vicosa – tel. No .84-33-866-112/821 981 and fax no. 84-33-866 137/821 980) agreed by both parties so as to fulfill necessary entry formalities of the vessel into the loading port with owner’s paying agency disbursement fees.
On arrival at the loading port, which means on arrival at a position within or near the loading port where waiting vessels usually lie, after free pratique(
Laytime for loading shall commence at 1 pm if NOR is given before 12 am and at 8 am next working day if NOR is given during office hours afternoon, whether vessel in berth or not, unless sooner commenced, in such case time for actual use before commencement of laytime to count.
Time for loading shall not count between 4.30 pm on Saturday and 8 am on Monday or between 4.30 pm on the last working day proceeding a holiday of s.r. of vietnam and 8 am on the fist working day unless used, in such case time for actual use to count.
Should the vessel arrives at loading port earlier than laydays commencement, waiting time for berth of the vessel is for the buyer’s account unless used, in such case time for actual use to count.
Should the vessel arrives at loading port later than canceling date of laydays, waiting time for berth of the vessel if for the buyer’s account unless used, in such case laytime commencement shall be counted at the time when the vessel berthed.
Time for moving from the anchorage to berth as well as for drafting shall not coun t as laytime
Harbour dues, port charges, pilotage and other charges appertaining to vessel or all cost with reference to vessel (shares, victual, etc.) at the loading port to be for the vessel’s account.
8. loading rate:
8.1 for cargo size of about 25001-40000mt:
cargo to be loaded at the average rate of 10000 metric tons at berth and 6000 metric tons at anchorage per weather working days of 24 consecutive hours Sundays. Holidays excluded unless used at loading port.
8.2 for cargo size of about 15001 – 25000mt:
argo to be loaded at the average rate of 8000 metric tons at berth and 4000 metric tons at anchorage per weather working days of 24 consecutive hours Sundays， Holidays excluded unless used at loading port.
8.3 for cargo size below 15000 mt:
CQD（CUSTOMARY QUICK DESPATCH 按港口惯常速度快速装卸,不计滞／速费） should be applied unless otherwise agreed.
The buyer shall charter seaworthy vessels with cranes/ derricks in good working condition and of 12mt minimum capacity per each in order to help the seller reach the guaranteed loading rate. The seller has to provide with their own grabs to ship gear to assist loading
In case of gearless vessel or cranes/derricks in no good working conditions, if the vessels have to be loaded at the anchorage, the cost for floating cranes should be at the buyer’s and /or ship owner’s account.
9. demurrage & despatch:
the rate of demurrage shall be 6000us$ and 4000us$ per a lost day for vessel with cargo size of 25001-4000 mt and 15001-25000 mt respectively.
The rate of demurrage shall be mutually agreed upon confirmation of the buyer and the seller the rate of despatch shall be fixed at half rate of demurrage for laytime saved.
Demurrage or despatch money for each vessel shall be settled between the seller and the buyer’s
10. force majeure:
the contracting parties shall be not responsible for the non-performance of terms and conditions in case of usual recognized force majeure such as fire, flood, acts of god, war unforseen incidents, putting ashore facilities and or cranes broken out of use, heavy rain storm, etc.
once any above force majeure to disappera these terms and conditions to be in force immediately.
11. arbitration:
all disputes in case the two parties not to reach an amicable arrangement to be referred to arbitration, arbitration to be held in the country of the defending party, i.e.
in vietnam by the vietnam international arbitration centre, hanoi
in china by the commercial arbitrationassociation, chin
awards by arbitration to be final and binding the parties, the fees for arbitration to be borne by the losing party, unless otherwise agreed.
12. claim:
in case, any claim for damage such as mixed impuritiess, differences in quality and quantity etc recognized at dischargeing port, the buyer shall inform the seller of that fact with relative documents within 30 days after discharging completed. In such case the seller shall reply the result of checking with the buyer within 60 days for quality and thirty days for quantity claim after receipt of the buyer’s information.
13. other conditions:
any amendments and/ or additional clause to the terms and conditions of this contract shall be in force only if mutually agreed and made in writing and duly approved by the contracting parties. This contract is to be made in 6 sets of the same legal value, each party keeps 3 sets.
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