XXXXXXXXXXXXXXXXXXXX XXXXXXXXXXXXXXXXXX ...

Contract No.: TEC/PAP/ XXX/T2C545454001/2020

DDC Contract Date:

Commodity:

Incoterms:

Destination:

24TH September 2020

Chicken Parts

Place (CIF)

Any port of Mainland, China

- 1 -

This contract will have to be signed by both parties to become fully valid and legal. Once verified by both parties

Buyer:

SPA NUMBER : TEC/PAP/XXX/T2C545454001/2020

SALES & PURCHASE

AGREEMENT

FOR

FROZEN PROCESSED CHICKEN PAWS / MJW

GRADE “A”

ORIGINATING FROM BRAZIL

BETWEEN

LUX CAPITAL GROUP o.b.o. TECH ALLIANCES

REGISTRATION NUMBER: 833 869 (DUBAI)

As Seller

AND

XXXXXXXXXXXXXXXXXXXX

XXXXXXXXXXXXXXXXXX

XXXXXXXXXXXXXXXXXXXXXXXXX

XXXXXXXXXXXXXXXXXXXXXX

XXXXXXXXXXXXXXXXXXXXXXXXXXXXX

XXXXXXXXXXXXXXXXXXXXXXXXXXX

XXXXXXXX

As Buyer


DDC Contract Date:

Commodity:

Incoterms:

Destination:

24TH September 2020

Chicken Parts

Place (CIF)


- 2 -


Buyer:

THIS SALES & PURCHASE AGREEMENT FOR FROZEN PROCESSED CHICKEN PARTS, GRADE “A”;

ORIGINATING FROM BRAZIL (the “Contract”). This Contract is entered into on this 24TH September 2020

(hereinafter the “Effective Date”) by and between:

THE SELLER

Company Name LUXURY ORIGIN STAR GENERAL TRADING LLC

Obo TECH ALLIANCES

Registration Number: 833 869 ( DUBAI LINCENCE)

Mailing Address SUITE 3305, CHURCHILL EXECUTIVE TOWER,

BUSINESS BAY – DUBAI – UAE

Represented by MR.LORENZO MACOLINO / PATRICK SCHEMBRI

Title FINANCE DIRECTOR -ACCOUNTS DIRECTOR

Passport No PA9725171

Phone / Fax +356 79736657

E-mail [email protected]

Bank Name

Bank Address

NATIONAL BANK OF FUJAIRAH –

SHARJAH – BRANCH

GROUND FLOOR, FAYA BUSINESS BUILDING

– A1 MAYAZ 2, SHARJAH - UAE

Account Name LUXURY ORIGIN STAR GENERAL TRADING LLC

Account Number:

SWIFT: 012001514251 NBFUAEAFSHJ

Seal

IBAN AE720380000012001514251 Signed Date:

Bank Officer PLEASE ADVICE PAP PLUS GLOBAL TRADING

E-mail: / phone [email protected] / +356 79736657

THE BUYER

Company Name XXXXXXXXXXXXXXXXXXX

Registration Number:

Mailing Address

Represented by

Title

Passport No

Phone / Fax

E-mail

INT Bank BEN Bank

Bank Address

Account Name

Account Number

SWIFT

Bank Officer

E-mail: / phone

mailto:[email protected]

mailto:[email protected]


DDC Contract Date:

Commodity:

Incoterms:

Destination:

24TH September 2020

Chicken Parts

Place (CIF)


- 3 -


Buyer:

Both being in accord, this Contract is made jointly by the Seller and the Buyer (herein after respectively called

singly the “Party” and jointly as the “Parties”), as of the Effective Date above, in five originals.

Whereas:

(1) The Parties confirm that each is fully empowered, legally qualified, and duly authorized to execute and deliver

this document, and to be bound by its terms and conditions.

(2) The Parties hereby warrant and declare that all funds applied in the conduct of this transaction are good, clear,

clean authentic, legally earned and of non-criminal origin.

(3) The Parties hereby warrant and declare that the transaction and contract are not entered into in order to

facilitate and advance terrorist activities, drug trafficking and/or illegal arms dealings.

(4) The Parties have by mutual request to each other reached agreement for the purchase and sale of specified

commodities.

In consideration of the representations, warranties, covenants and agreements made by and between the

Parties, it is hereby agreed that the parties shall proceed to execution of this Contract under the following

terms and conditions:

ARTICLE 1: PRODUCTS

1- FROZEN CHICKEN PAWS / MJW

Order Items Specification

for Delivery

FLC

Monthly

MT Trial /

Contract Price/MT

Total, Price

USD$

a CONTRACT PAWS

(Monthly Order)

30-45g up XX

XX

XXXMT

XXXMT

$XXXX $XXXXXXX(trial)

$XXXXXXX (per month)

$XXXXXXX(12 months)

b CONTRACT FEET

(Monthly Order)

30-45g XX

XX

XXXMT

XXXMT

$XXXXX $XXXXXXX(Trial)

$XXXXXXXX (per month)

$XXXXXXXX(12 months)

c CONTRACT MJW

(Monthly Order)

30-45g XX

XX

XXXMT

XXXMT

$XXXX $XXXXXXX(Trial)

$XXXXXXX(per month)

$XXXXXXX(12 months)

D: 2%PB Trial only TOTAL mt X 135MT $100.00 $XXXXXXXXXXX (total)

E: Non transferable LC Trail only X 135MT 2% $XXXXXXXXX( Total)

TOTAL

Monthly

Annually

X

X

135MT

1620MT

$XXXXXXXXX(per month)

$XXXXXXXX(12 months)

Grand

Total

Ammount $XXXXXXXXXX

PB only for trail order

TOTAL CONTRACT FOR THE 12 MONTH TERM = USD $XXXXXXXXXX


DDC Contract Date:

Commodity:

Incoterms:

Destination:

24TH September 2020

Chicken Parts

Place (CIF)


- 4 -


Buyer:

ARTICLE 2: PRODUCT ORIGIN:

Brazil (Certification and Accreditation Administration of P.R. China Allow Entry) SIF 87,103, 121, 2014, SIF3595, SIF3392, SIF4430, SIF2485, SIF2172, SIF1194, SIF490, SIF530

ARTICLE 3: PACKING & MARKINGS:

PACKAGING 15 / 20 Kgs BOXES WITH INNER BAG / EXPORT CARTON

ARTICLE 4: LOADING POINT:

SANTOS or PARANAGUA port of Brazil

ARTICLE 5: PRODUCT PRICE & CONTRACT VALUE:

UNIT PRICE - Frozen Chicken PAWS: CIF Chinese port USD XXXXXX/MT

UNIT PRICE - Frozen Chicken FEET: CIF Chinese port USD XXXXXXXXXX/MT

UNIT PRICE - Frozen Chicken MJW: CIF Chinese port USD XXXXXXXX/MT

CONTRACT VALUE:

- TOTAL CONTRACT VALUE: = USD $XXXXXXXX Global Ammount

ARTICLE 6: POINT OF DELIVERY & INCOTERMS 2010:

The delivery shall be performed by Seller after receiving the LC issued by buyer maximum after 45 days. CIF

Incoterms 2010. The products shall be shipped to its destination at ANY PORT OF MAINLAND CHINA and

quantity details as per Article 1. Delivery in refrigerated containers and order will arrived in exact conditions as

shipped to port of destination, from loading port in Brazil.

ARTICLE 7: SPECIFICATIONS

QUALITY: GRADE A Paws Weight: 30-45g above per piece

Length: 10-15 cm

MJW Weight: 30-45g above per piece

Feet Weight: 30-45g above per piece

Frozen Process: IQF (INDIVIDUAL QUICK FROZEN)

Product appearance:

100% Fresh and Frozen

No yellow skin

No feathers

No black pads or ammonia burns

No blood

No Bruise

No Chemical burns

Outer Hard nail Removed

Ice Content lest than 0.3%

No bad smell

No black spots


DDC Contract Date:

Commodity:

Incoterms:

Destination:

24TH September 2020

Chicken Parts

Place (CIF)


- 5 -


Buyer:

No excess wáter

No Broken bones

Moisture less than 3%

All Cartoons and Plastic Bags must show SIF Number.

Frozen Requirements: storage at minus 18-20 degrees

Celsius.

Packaging: Vacuum Packing Specifications: Carton

(10 to 20 Kilograms)

PACKAGING

THE PRODUCT WILL BE PACKED in 2*10 or 5*4 Kg vacuumed pp bags in 20Kg big carton. Net weight of

20Kg per carton with a gross weight of 20.4 Kg per carton. Cartons will be shrinking wrapped. THE TOTAL

FROZEN CHICKEN TONS USING 40 FT HIGH-Q REFRIGERATED CONTAINERS will be 27mt +/- 2%

when loaded. The packing shall be in accordance with inspection requirements for import packing material of

Entry-Exit inspection and Quarantine Bureau of China.

THE CARTON LABEL will be in standard international format with labels accepted by China authorities and

China customs for Frozen Poultry 6 hallmark.

ARTICLE 8: DELIVERIES

Delivery shall be made by 40ft containers. Shipments shall commence According to the buyer's official order and

his demand by email or by fax and will take thirty as Maximum working days to arrive the destination ports.

ARTICLE 9: INSPECTIONS, TRANSPORTATION, WEIGHT AND QUALITY

i. Inspection will be carried out by Bureau Veritas (BV) at the Port of Loading and the costs shall be on the

account of the seller.

ii. Cost, insurance and freight. The seller delivers the goods at the agreed port of landing. The seller must pay

the costs and freight necessary to conduct the goods to the agreed port of destination in accordance with

the CIF conditions; the seller must also purchase a marine insurance for the risks of the buyer of loss or

damage of the goods during the transport.

iii. The term CIF requires the Seller to clear the goods for export

ARTICLE 10: PAYMENTS & INSTRUCTIONS

PAYMENT TERMS:

• CONTRACT: Terms of Payment: by a Fresh Cut Transferable, Irrevocable Confirmed Documentary LC 100% at

Sight via MT 700/701 payable within five (5) banking days of Buyer’s Bank receiving Original Shipping

Documents from Seller’s Bank.

• This documentation shall be sent through the Seller to the Buyer.

• The signature of this contract, all bank instruments will be governed and interpreted according to the

legislation of the country of the issuing bank and issued according to the rules, regulations and practices

established by International Chamber os Commerce (ICC), & UCP-600. Last edition.


DDC Contract Date:

Commodity:

Incoterms:

Destination:

24TH September 2020

Chicken Parts

Place (CIF)


- 6 -


Buyer:

ARTICLE 11: DESTINATION PORT

ANY SAFE PORT IN CHINA

ARTICLE 12: GOVERNING LAW & ARBITRATION

This Agreement is intended to conform to the terms and conditions outlined in INCOTERMS 2000 and its latest

revisions (2010) and to the legal standards and principles of the International Chamber of Commerce (I.C.C. 619)

San Francisco, U.S. which Chamber is recognized as the agency establishing the jurisprudence respecting matters

of international commerce. All disputes arising in relation with this sales Contract or the execution thereof shall be

settled by way of amicable negotiation. In case no settlement can be reached, the case at issue shall then be submitted

for arbitration. The award by the said arbitration shall be deemed as final and binding upon both parties. The

arbitration fee and other charges shall be borne by the losing party unless otherwise agreed.

ARTICLE 13: BUSINESS PROCEDURES

Buyer and Seller discuss and negotiate final terms and conditions on Sales and Purchase Agreement.

1) Buyer confirms Draft contract for Seller’s review.

2) Seller initials on every page, prints, signs, and seals and returns the contract to the buyer for buyer’s signature and seal

(with amendments if any).

3) Buyer counters sign and seals the contract and sends via E–mail or Fax to seller.

4) The Buyer issues the Transferable Irrevocable Confirmed Documentary LC 100% at Sight via MT 700/701 for the

monthly cargo value within 5 (Five) banking days after receipt of Proforma Invoice. This DLC must add payable within

five (5) banking days of Buyer’s Bank receives Original Shipping Documents from Seller’s Bank. On second delivery

and onwards, the Buyer shall issue the DLC within eight (8) banking days upon receipt of seller’s documents duly

signed by the authorized persons which should include: Certificate of Insurance, Commercial Invoice, Original CCIC

report from the loading port containing loading details of quantity and quality, B/L date and any other relevant

documents. The documents will be e-mailed directly to the Buyer’s office promptly after completion of loading. All

documents from the third party accepted by the Buyer. This action and cycle for forwarding of loading port

information/documents and issue of DLC will continue until completion of the contracted quantity. The CCIC

inspection charges will be borne by the seller.

5) The Seller will provide the Buyer with Scanned copies of the following documents for shipment:

1. A full set of 3/3 originals plus 3 N/N copies of Ocean Bill of Lading made out “Clean on Board” marked “Freight

Pre – Paid”. The B/L to be signed in original by the ship’s Master and “bank” issued or endorsed for the destination,

identification of the loaded cargo with quantity expressed in Cartons and Metric Tons.

2. Original quantity and quality certificates plus two (2) copies as issued at loading port by an independent Surveyor

Company SGS or Bureau Veritas (BV).

3. Certificate of origin plus two (2) copies countersigned by a local chamber of commerce.

4. Original signed commercial invoice plus two (2) copies based on the delivered quantity/quality as determined by

clause 9.3 of this contract.

5. Original Packing list and 2 copies showing Gross/Net.


DDC Contract Date:

Commodity:

Incoterms:

Destination:

24TH September 2020

Chicken Parts

Place (CIF)


- 7 -


Buyer:

6. Full set, (including one original and one copy) of insurance policy for 110% of the invoice value against all risk

additional war risk and making buyer as beneficiary.

7. Veterinary Health Certificate in 1 original and 2 copies.

8. Certificate of Export Declaration by Seller in 1 original and 2 copies.

9. Non-Wood Packing Certificate.

10. Batch declaration CERTIFICATE (Batch List).

11. Certificate for Export Under Price Undertaking with MOFCOM issued by the Brazil manufacturer.

12. Declaration indicating that the slaughterhouse is announced on the list of certificate and accreditation administration

of P.R of China (Certified copy of SIF certificate).

13. Certificate of HALAL slaughtering in 1 original and 2 copies.

14: Covid free certificate

6) Delivery commences as per contract and the shipment should arrive at Buyer’s discharge port Within 60 days after LC

receiving by Seller’s bank.

7) All banking charges from the Buyer’s bank shall be borne by the buyer and all banking charges incurred by the Seller

at Seller’s bank shall borne by the Seller.

8) The buyer will be responsible to check that the amendments (if any) on Transferable LC will be done according to the

seller’s request.

ARTICLE 14: DURATION OF CONTRACT

The contract must have a duration of 12 months from the signature and according to the scheduling of shipments

agreed between the parties.

ARTICLE 15: FORCE MAJEURE

Neither party to this agreement shall be responsible for breach of contract caused by acts of God, insurrection or

civil war, military operations or local emergencies or any other act that is construed by the International Chamber

of Commerce as force majeure. Should any eventuality occur with the slaughterhouses from which they are

currently supplying, it will be replaced by any other that complies with the Certification and Accreditation

Administration of China Allow Entry.

ARTICLE 16: NON-CIRCUMVENTION AND NON-DISCLOSURE AGREEMENT:

The parties to this contract hereby accept and agree to provisions of non-circumvention and non-disclosure with

regards to all parties involved in this transaction, additions, renewals and third party assignments, with full

reciprocation for a period of 365 days from the date of execution of this agreement.

ARTICLE 17: TRANSPORTATION & DISCHARGE TERMS:

(1) The Daily Discharge Rate shall be fixed by the seller and the seller per day including Saturdays and Sundays,

but excluding Public Holidays.

(2) The seller shall be responsible for transportation to the port of loading.

(3) Demurrage shall be payable by the Seller to the Vessel’s Master after taking into account lay-time, and seller

agrees to settle any extra charges after receipt of the invoice from the vessel’s Master. Dispatch shall be provided

at half the demurrage rate.

(4) Not later than 48 hours from completion of the loading, the Seller or his agent shall email or fax to the Buyer


DDC Contract Date:

Commodity:

Incoterms:

Destination:

24TH September 2020

Chicken Parts

Place (CIF)


- 8 -


Buyer:

(5) or the Buyer's agent at the designated port of discharge, advising of the vessel name, classification, flag,

position, expected arrival date, capacity.

(6) The Master of the vessel shall give to the Buyer or the Buyer's agent a period of 10 days for free of charge to

clear custom plus final notice at 72hours of the vessel's estimated time of arrival at the port of discharge.

(7) The vessel shall be classed 100-A in the Lloyd's Register, or be of equivalent classification

(8) Clause 15 is the responsibility of the seller as CIF stated

ARTICLE 18: CLAIMS

i. Shipment must have a certificate of Quality, Quantity, and Weight issued by Bureau Veritas at loading

port.

ii. Inspection fees shall be for Seller’s Account.

ARTICLE 19: DELIVERY SCHEDULE

The quantities of products to be delivered will be made according to the amounts established in the scheduling of

deliveries of the FCO, the dates of these deliveries may be modified by mutual agreement between seller and

buyer.

ARTICLE 20: BREACH OF CONTRACT

In the event that the Producer for any reason whatsoever fails to supply the Buyer with the agreed quantities of

the mentioned bars according to the agreed schedule, resulting thereby in the grounding of the operations of the

Buyer, the Seller shall be held liable for any damages and loss of income sustained by the buyer as a result of this

event. As a remedy, the Producer will compensate the Buyer with an amount equivalent to the amount of lost

income resulting from the grounding of its operations. The estimation of the amount lost income will be

performed by experts (accountants and market experts) suggested by the Buyer and approved by the Seller.

This Contract is hereby agreed to and accepted by the Parties on 24TH day of September, 2020

On Behalf of the seller: On Behalf of the buyer:

TECH ALLIANCES AND LUX CAPITAL GROUP XXXXXXXXXXXXXXXXXXXXXX

___________________________ ___________________________________ For, Mr Hyun Min Choi / Mr. L Macolino By :

Title: Tech Alliances Director/ Finance Director Title: Passport No. M15266088 / PA9725171 Passport No : Country: Korea / Australia Country: Issued on:1/9/2016 / 11/4/2019 Issued on:

Expires on:1/9/2026 11/04/2029 Expires on:


DDC Contract Date:

Commodity:

Incoterms:

Destination:

24TH September 2020

Chicken Parts

Place (CIF)


- 9 -


Buyer:

Copy of seller's Passport

Copy of buyer passport


DDC Contract Date:

Commodity:

Incoterms:

Destination:

24TH September 2020

Chicken Parts

Place (CIF)


- 10 -


Buyer:


DDC Contract Date:

Commodity:

Incoterms:

Destination:

24TH September 2020

Chicken Parts

Place (CIF)


- 11 -


Buyer:

PAP PLUS GLOBAL TRADING IS UNDER MOTHER COMPANY:


DDC Contract Date:

Commodity:

Incoterms:

Destination:

24TH September 2020

Chicken Parts

Place (CIF)


- 12 -


Buyer:


DDC Contract Date:

Commodity:

Incoterms:

Destination:

24TH September 2020

Chicken Parts

Place (CIF)


- 13 -


Buyer:

Date post:	02-Nov-2021
Category:	Documents
Upload:	others
View:	30 times
Download:	0 times