Soft Corporate Offer for Sale of 6.000 kg Au Metal (Gold) I/we the undersigned company as the Seller hereby confirms with full legal and corporate responsibility under penalty of perjury are ready, willing and able to enter into a contract to sell and transfer the aforementioned commodity (AU Metal) under the following terms and conditions: DETAILS OF AU METAL Commodity: AU METAL Total Quantity: 6.000 KG Monthly Delivery: 500 KG Quality: 99.95% Purity Guaranteed (24 Carat) Weight: One (1) kg bar Depository: Seller’s Security Warehouse Origin: United Republic of Tanzania/Congo D.R./Mongolia Packaging: Boxes Suitable For Airfreight Duration: 12 Months with Rolls & Extensions Destination: CIF - Buyer’s Refinery/Bank/Warehouse Discount: Gross 15%; net, 12% (1,50% for seller part –closed- and 1,50% for buyer part) Payment: USD by SWIFT wire transfer or any other payment methods mutually acceptable to Seller/Buyer DOCUMENTS TO BE PRESENTED HEREIN BY THE SELLER 1. Certificate of Ownership 2. Original Assay Certificates / Reports 3. Certificate of Non-Criminal Origin 4. Certificate confirming that the Gold is free of all liens and encumbrances and free to be legally traded and exported by law 5. Export Permit/License 6. Full set 3/3 Original Air Waybills IMPLEMENTATIONS AND PROCEDURES: This sale shall be performed as an off the market – private sale between Buyer & Seller under the following procedures agreed hereto by the parties: I. This Offer will be sent to the Buyer for acceptance, by endorsing below with signature and stamp of Buyer II. The Seller upon receipt of the endorsed offer issues draft of the contract for the Buyer to review make amendments where necessary for Seller considerations III. The Seller signs the contract and returns to the Buyer IV. The Buyer sends proof of fund or Account Statement to the Seller showing ability to execute the contract V. The Seller sends invoice and Proof of Product VI. The Buyer issues Invoice Value for the Standby Letter of Credit (SBLC)with payment with MT 760 blocked –like the verbiage in the file attached- or Escrow as might be applicable to buyer VII. Upon receipt and confirmation of Standby Letter of Credit (SBLC)/Escrow, the Seller delivers the Gold to the Buyer’s Designated Location or Refinery as contained in the contract. VIII. Payment for the Gold against Assay Report. PURCHASE PRICE: The agreed reference purchase price is the quoted price of the second “LBMA” fixing on the day of purchase. MODE OF PAYMENTS: Payment shall be made by means of S.W.I.F.T. /TT. Transfer from the Buyer’s bank within forty eight (48) hours or resolution of Standby Letter of Credit/Escrow by Buyer. The payments shall be for the contract price for the shipment, backed by good, clean, legally earned United States Dollars of non-criminal origin to the Seller’s Account. TRANSFER OF OWNERSHIP Transfer of Title and Goods shall effect immediately in favor to the buyer, upon receiving clean, clear funds into the seller’s bank account. NON-CIRCUMVENTION, NON-DISCLOSURE: All parties hereto irrevocably and covenant not to circumvent any person or company or entity involved in these transactions directly or indirectly, by any means or device or any manner whatsoever. It is further agreed and covenanted that this transactions shall in no way to be divulged or revealed partially and wholly to any person or body outside the circumference of this transactions. This non-circumvention and non-disclosure shall be in accordance with the requirements of International Chamber of Commerce (ICC) Paris, France and shall remain valid and enforceable for the period of (5) five years from the dated hereto. This FCO Issued by the seller/seller representative and shall supersede any and all prior offer. This FCO is valid until 15/06/2014 and subject to renewal at the sole option of the seller or otherwise this FCO shall become expired, null and void. No changes, alterations or substitutions shall be permitted unless the same shall be notified in writing and signed by both Parties. COMMISSION: Commission payments will be made in accordance with a formal IMFPA (Irrevocable Master Fee Protection Agreement) that will be issued at the same time that a draft SPA is issued. The Buyer / Seller will complete and sign the IMFPA at the point at which a Contract has been agreed to in principle and will be issued before the final version of the SPA is signed. WARRANTY: SELLER GUARANTEES THAT THIS PRODUCT AND PROMISED QUANTITY EXISTS, AND THAT THE SELLER HAS THE LEGAL AUTHORITY TO SUPPLY, SELL AND EXPORT THE PRODUCT LEGALLY FROM THE CURRENT GOVERNING AUTHORITY.
Posted on: Wed, 05 Nov 2014 18:19:05 +0000
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