CONTRACT # _____
dated ____
Commodity:
Ukrainian _____ in bulk, Crop ____
Quality specifications:
_____
Quality specifications to be tested by ISO/EN methods.
Sound, loyal merchantable quality, free from alive insects after fumigation; free from bad odor.
All results, final at time and place of loading as per GAFTA approved Surveyor and certificates issued by a GAFTA approved laboratory at Sellers’ option and costs.
Quality/Condition/Weight:
Quality/Condition/Weight is final at time and place of loading as per certs issued by GAFTA approved surveying company at seller's choice and costs. Buyers have right to appoint first class GAFTA approved surveyor during loading for joint sampling but do not interfere (loaded weight to be determined as per the custom of the port). General Survey excluded.
Sellers have the right to appoint their GAFTA approved surveyors at discharge for joint weight control.
First class GAFTA approved surveyor at sellers’ choice.
Quantity:
____ metric tons +/-__ % in sellers' option and at contract price loaded.
Packing:
100% in bulk.
Shipment:
_______, both dates mentioned included, at seller’s choice. Loading will be from Ukraine ports.
Price:
___ USD per metric ton CIF FO (Cost, Insurance and Freight Free Out) 1 safe port, 1 safe berth _____
Final disport to be declared by Buyers latest upon completion of loading.
Payment:
20% prepayment after signing of the contract and balance 80% of invoice amount in USD to be irrevocably received into Sellers' nominated bank and account within 48 hours after presentation of the scanned copies of the original shipping documents by email to the Buyer. Payment to be effected when the vessel enter Turkish waters. In any case payment to be done before breaking bulk.
All banking expenses in seller’s bank are for seller’s account. All banking expenses in Buyer’s bank are for buyer’s account.
Documents
- Signed commercial invoice
- 3/3 original B/ L issued TO ORDER, marked “clean on board”, and “freight prepaid” or “freight payable as per charter party”
- Certificate of origin issued by local Chamber of Commerce and Industry as per latest regulations in country of origin of goods
- Original Phytosanitary certificate, issued by official authorities and Industry as per latest regulations in country of origin of goods
- Certificate of quality/condition, issued by any GAFTA recognized surveyor at sellers’ option/costs
- Certificate of weight, issued by any GAFTA recognized surveyor at sellers’ option/costs
- Certificate of cleanliness of holds and sealing issued by any GAFTA recognized surveyor at sellers’ option/costs
- Original Non-Radioactivity certificate, issued by official authorities
- Fumigation certificate issued by the single official authority accredited for fumigation
- Insurance Policy as per GAFTA Clause covering 102% of the CIF value, as per GAFTA 48/72
- On receipt of payment, original documents will be released and dispatched to the buyer by fast courier mail service as per buyer’s instructions as soon as Sellers can do. Airway bill copy to be faxed/e-mailed to buyers following dispatch of documents.
- Charter party bills of lading are acceptable.
- Third party documents (except for the commercial invoice) are acceptable.
- The buyers shall give all documentary instructions to the sellers upon nomination of loading vessel specifying all the major details for the issuance of the documents.
- The buyers shall confirm drafts of shipping documents before issuance of the originals. If the buyers fail to
confirm the drafts the sellers have a right to issue the shipping documents on the basis of given contract and the buyers’ documentary instructions without being responsible for any negative consequences which could arise thereto.
- Phytosanitary certificate may not contain any additional information apart from what is permitted by local quarantine authorities.
Document instructions:
To be received by sellers as final and full upon vessel’s nomination.
Confirmation of drafts: drafts of shipping docs to be confirmed by the buyers. Non-confirmation of any contractual document (issued in accordance with available documentary instructions) by the buyer during 2 working days is being considered by the parties as confirmation. Documentary instructions shall include: country and port of destination, name of consignee, notify address, description of goods, the clauses to be included in b/l, as well as the exact number of originals and copies of b/l, the list of cargo documents to be sent by ship as per buyer docs instructions, the address for delivery of cargo documents by courier after payment.
Discharge port and agents to be stated by buyers upon completion of loading. Agents at disport at buyers’ choice.
Discharge:
Buyers guarantees to discharge vessel at their risk and at a rate of _____ metric tons per weather working day of 24 consecutive hours, Saturdays, Sundays and holidays excluded even if used; time from Friday (or from a day preceding a holiday) 17:00 hours till Monday (or next working day) 08:00 hours not to count even if used. Laytime at disport starts counting at 8 hrs local time the same day the valid nor has been tendered within office hours, WIBON, WIPON, WIFPON, WICCON. Holidays as per official BIMCO calendar. Any time lost shifting from waiting place to berth doesn’t count as laytime whether on demurrage or not.
Demurrage:
As per charter party.
Any demurrage in discharge port for payment delay at buyers account.
Demurrage if any, to be settled directly between sellers and buyers within 30 running days upon agreement on laytime calculation. Once on demurrage - always on demurrage.
Demurrage/dispatch calculations shall be made on the basis of 'statement of fact' signed by the master / agent at discharging port.
Dispatch:
Half demurrage.
Insurance:
At Sellers account.
War risks clause:
Parties expect that performance of this Contract will be possible despite the Russian invasion of the Ukraine that commenced on 24 February 2022. Nevertheless, should circumstances change and result in the actual prevention of the delivery, export, collection of the goods, or their shipping under this contract, the ongoing hostilities may be an event of force majeure.
General conditions:
- All export duties and/or taxes and or levies present and future are for Sellers account
- All import duties and/or taxes and or levies present and future are for Buyers account
- All other terms/conditions not in contradiction with the above as per GAFTA 48
- Arbitration as per GAFTA 125 in London, UK
- Analysis as per GAFTA 124
- Agents at port of discharge to be nominated by buyers.
- Vessel to be fully covered by a respectable P&I club except Lodestar during her voyage and until completion of discharge.
Shipment shall be effected by single deck bulk carrier ship suitable for grab discharge
The vessel shall have valid ism certificate, shall comply with the requirements of the ISPS code.
For destination Turkey: the goods shall not be shipped on any vessel which is flagged, owned, controlled by or related to Syria. Besides, any company related to Syria cannot be accepted as shipper, exporter and seller etc. Which is mentioned on any documents under this contract.
Sanctions Clause
The Buyer represents and warrants that neither it nor any person or entity that owns or controls it or it owns and controls is a designated target of any economic trade sanction, law or regulation adopted by the U.S., E.U., U.N. Switzerland or country of origin (collectively “Economic Sanctions”). The Buyer agrees that it and its agents and representatives will fully comply with all applicable Economic Sanctions in the performance of this Contract.
Buyer agrees that the goods will not be:
(i) resold to; or
(ii) disposed of by person or entity, directly or indirectly, or for the purpose of any commercial activity, which would cause Seller to be in violation of applicable Economic Sanctions.
The Seller has the right to reject any restricted destination or entity that would cause the performance of this Contract to violate any applicable Economic Sanctions or which would cause Seller or its representatives to be in violation of or be penalized by any applicable Economic Sanctions. Should payment for the goods be impeded, blocked or prevented by the Economic Sanctions, Buyer shall make immediate payment by alternative lawful means that does not violate any applicable Economic Sanctions.
On behalf of Seller: On behalf of Buyer:
