Iron Ore Sales and Purchase contract.docx

1、Iron Ore Sales and Purchase contract Iron Ore Sales and Purchase contractContract No.:Date :Buyer:Company name:Address:Tel:Fax:Represented by:Position:Buyers bank details:Bank name:Bank address:SWIFT:Tel:Fax:Account name:Account Number:Seller:Company name:Address:Tel:Fax:Represented by:Position:Sell

2、ers bank detail:Bank name:Bank address:SWIFT:Tel:Fax:Account name:Account Number:We,the Seller hereby agrees to sell and Buyer agrees to purchase the iron ore material in accordance with the terms and conditions as hereinafter set forth. Clause 1: Definitions名词定义In this contract, the following terms

3、 shall, unless otherwise definited, have the following meanings:1. US Dollars and US Cents: means respectively dollars and cents in lawful currency of the United States of America.2. Ton : means Metric Ton of 1000kgs as defined in the “international system of units”3. DMTU: Dry Metric Tons means a m

4、etric ton of ore on dry basis.4. References to ore on a “Natural basis” : Means Ore in its natural or wet state.5. References to ore on a “Dry basis” : Means Ore dried at 105 degress centigrade.6. Parties: Means Seller and Buyer both together.7. Loading port: Means any port(s) in XXX.8. L/C : Means

5、Irrevocable Letter of Credit opened In United States dollars.9. CIQ : means Entry-Exit inspection and quarantine of the peoples republic of China.10. CNF: shall have the meaning ascribed thereto INCOTERMS2000 (as amended from time to time), except as modified by this contract.11. Artical&Clauses: bo

6、th the Artical and the Clauses in this contract shall have the same meaning.Clause 2. Commodity.A Name of the commodity: Iron ore (Lump)B Country of the Origin: XXXC Packing: In Bulk.D Ttoal Quantity: xxx MT / month x Xxmonths. Total Quantity is XXXMT. (+/-10% at sellers option)Clause 3. Shipment.A.

7、 Loading port: XXX , XXXB. Discharge port: XXX, XXXC. Partial shipment: Not AllowedD. Transhipment: Not AllowedE. Time of shipment: Within XXX days after receipt of the L/C.Clause 4. Specification.A. Chemical composition: Guaranteed(on dry basis) (percentage by weight)FE 63% BasisSiO2 3.5% maxAl2O3

8、3.5% maxP 0.08% maxS 0.08% maxTiO2 0.5% maxAS 0.07% maxB. Moisture (free moisture loss at 105c 8.0%maxC. Physical composition:Size: above 50mm 10%max Below 50mm 90%minboth seller and buyer.A. For Alumina (Al2O3)For excess Alumina Al2O3 at the rate of $0.05 per dry metric tons or fraction prorate for

9、 each 0.1% in excess of 3.5%.B. For Silicon (SiO2)For excess Silicon SiO2 at the rate of $0.05 per dry metric tons or fraction prorate for each 0.1% in excess of 3.5%C. Phosphorous (P)For excess Phosphorous (P) at the rate of $0.05 per dry metric tons or fraction prorate for each 0.01% in excess of

10、0.08%.D. Sulphur (S)For excess Sulphur(S) at the rate of $0.05 per dry metric tons or fraction prorate for each 0.01% in excess of 0.08%.Clause 7. Performance Bond and L/C payment A. Seller shall through prime bank, issue 2% performace bond of the contract value for each shipment value to buyer, in

11、favor of buyer upon receipt of signed final contract within 5 banking days.the performance bond shall keep active. Valid and irrevocable and shall be void and null upon bill of lading date and others shipping document is presented to buyer bank.Once buyer bank receives the Performance Bond,within 5

12、banking days,buyer shall open a 100% Irrevocalbe, transferable,at sight Documentary letter of credit for an amount of US dollar sufficient to cover 100% of each shipment value (xxxmt) through a prime bank that is acceptable to the seller with all terms in conformity with this contract to seller. B.

13、Payment shall be at sight upon negotiations of documents under an L/C in United States currency opend in favor of the seller to cover 100% value of contract value plus/minus 10%.ADocuments to be presented within 21 days from B/L date.1. Third party documents acceptable, except Draft and Invoice.2. P

14、artial shipment not allowed, transhipment not allowed.3. Charters B/L accpetable,which should be issued by the master or the owner of the vessel, or shipping company or its authorized agency.C. Provisonal Payment.Provisional payment is to be 98% of the CNF value, and such provisional payment should

15、be released against the presentation of the sellers documents as stipulated in Clause 8 and draft which is payable by L/C at sight. Shipment cargo value shall be calculated by the result of the draft survey weight and chemical analysis at loading port issued by independent surveyor agreed by both pa

16、rties.1. Signed provisional commercial invoice for 98% of CNF value in one original and 2 copies indicating value of goods shipped, name of carrying vessel, contract number, B/L NO. No. Of the L/C.2. Three (3/3) full set of original “Clean on board” bills of lading made out to order and 3. copies is

17、sued by CCIC.4. Certificate of the Weight and draft survey 1 original and 2 copies issued by CCIC5. Certificate of the Origin in 1 original and 2 copies issued by the chamber of XXX.6. Certified copy of fax advising shipment details advising the Contract No,name of the vessel, name of the commodity,

18、approximate invoice value, gross weight and b/l date, relative fax report must be present for negotiation.7. Photocopy of certificate of authorization issued by master of the carrying vessel indicating the name of vessel and the name and the capacity of master and also showing the shipping agent at

19、loading port have obtained authorization from the master to sign and issue the original b/ls. (in case B/L signed by the master or owner,uch certificate is not required).8. Beneficiarys certified copy of fax shipment adviced dispatched to the applicte within 3 working days after B/L date advising sh

20、ipment details including contract No. L/C No. Name of the vessel, B/L date, name of the commodity, approximately invoice value and ETA discharing port. The copy of Fax must indicate the date of FAX.9. Draft survey report of vessel issued by the ship master or its agent in 1 original.10. Ceritificate

21、 issued by beneficiary indemnifying the applicant that the shipment confirmed to be delivered as per terms in the contract. The certificate must include the actual shipment date of th goods, named loading port, discharge port, estimated time departure(ETD), estimated time arrival(ETA) and vessel nam

22、e.A. Final 2% payment.1. Signed final commercial invoice in 1 original and 2 copies, based on inspection certificate of weight and inspection certificate of quality issued by CIQ.2. Inspection Certificate of weight in 1 copy issued by CIQ (to be accepted as presented photocopy allowed) by fax or ema

23、il allowed.3. Inspection Certificate of Quality in 1 copy issued by CIQ (to be accepted as presented photocopy allowed)by fax or email allowed.4. In case CIQ certificate of weight and/or quality is not received by the seller within 50days after B/L date in China,then the seller has the right to nego

24、tiate the final invoice based on local port Certificate of Quality and certificate of Weight.In such a case a declaration by the seller of non-receipt of CIQ certificate and the photocopy of load port weight and quality to accompany documents.5. In case there should be any amount of overpayment due

25、to the applicant after adjustments have bn made as hereinabove provided, it shall be paid by the beneficiary to the applicant in the United States currency by telegraphic transfer or by any means to be mutually agreed upon between the beneficiary and the applicant five working days upon issuance of

26、the beneficiarys final debit statement.Clause 9: Loss of Cargo.In the event of loss of cargo caused by damage at sea after loading on board the vessel and before completion of discharge at the port of discharge, buyer shall make final payment to seller, for total loss of cargo on the basis of the an

27、alysis at the port of loading as set forth in Clause 10.a, and quantity as manifested on the bill of lading, and for partial loss of cargo on the basis of the analysis carried out by buyer on fines discharges as set forth in clause 10.b, and quantity as manifested on the bill of lading.Clause 10.Wei

28、ghing.A. At loading port, CCIC at sellers expense shall determine the weight of the shipment by draft survey.the weight of Ore ascertained and certified by CCIC,shall be the basis of sellers provisional invoice. Buyer may at buyers expense have its representative present during the draft survey.B. B

29、uyer shall at buyers expense, apply to CIQ for weighing at the port of destination. The weight of shipment at the discharge port is to be ascertained by draft survey.seller may at sellers expense have their representative present at the time of such determination. The weight thus determined by CIQ s

30、hall be final for balance 2% payment as to wet weight in relevant shipment.C. The dry weight shall be determined by deducing the free moisture from each wet weight.if there is a difference of dry weight over 0.5% between determined at the load port and the discharge port, the actual weight determine

31、d at the discharge port shall be adopted as the dry weight for final balance 5% payment.If no draft survey is performed at the discharge port or the CIQ report is not received by seller within 21 calendar days from the B/L date in china,sellers weight certificate at loading port will be regarded as

32、final.Clause 11. Sampling & AnalysisA. At the loading port, seller shall, at sellers expenses, appoint CCIC at loading port to determine the specifications of fines contained in each shipment and shall provide a certificate showing details of the determination. The percentage of chemical contents and the percentage of free moisture loss at 105 degree centigrade.Buyer may at buyers expense have their represenatative present at the time of sa