200KG Mou Alhaji
200KG Mou Alhaji
200KG Mou Alhaji
The Seller:
Company Name: DOCARISTE MINING LTD
Address: : P.O.BOX 1515 TARKWA NABOUSSO, WESTERN- REGION, GHANA
Rcgistration no: CS173922019
Represented by: Prince Thompson A.Opoku
Nationality: Ghanian
Passport N0:G1663338
Issue date 15 NOV 2017
And
The Buyer:
Address:
Country:
Phone:
Represented by:
Title: CEO
Nationality:
Passport No:
Issue date
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Whereas: The Seller and the Buyer agree to honor this Memorandum of understanding under the following terms
and conditions.
The Seller and the Buyer further agree to enter into a long-term contract upon successful conclusion of this
following transaction:
Gold Au Bar 22.1 carats 95-97+% purity for a minimum of 200Kg ( Two Hundred Kilos ) up to with possible
rollovers & extensions herein more fully as described in Article 2.
2. PRODUCT:
2.1 Gold Au Bar Fineness: 22.5-23 carats +95-97+% purity or better
4. PRODUCT DELIVERY
The product shall be clean, free from any liens & encumbrances and of non-criminal origin.
The Buyer will pay cash/ wire transfer for the 200kgs, for the gold IN ACCRA GHANA
5. BUYER COMMITMENTS:
Below are identifying what Seller proposes as comforts to the Buyer.
These points are given for the Buyer to give assurance to the Seller of his commitment to the purchasing of the
Seller commodity and trust between the two parties:
5.1 Seller and Buyer sign Mou and fill the CIS details and submit to the banks
5.2 Seller sends SKR report to buyer for confirmation of the Gold.
5.3 After the SkR report of the gold both parties, Buyer meets with Seller in Accra shall physically inspect pay
the total value based on agreed PRICE.
5.4 Buyer will do final payment and shall be transferred within 48 hours after final assay at refinery and Pay
commission as per the Imfpa
5.5. If so desired, a contract for monthly supply of 200 kilograms for initial period of 1year subject to a review, of
Gold Dore bars with rolls and extensions could be signed and notarized at the High Court of Ghana by both
parties.
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6/ PAYMENTS:
The Buyer will pay cash or wire Transfer for the 200kg after the Final Assay and do Roll over.
Upon completion of the final Assay report at refinery, pay the amount by Telegraphic transfer to the Seller’s
bank account.
7BANKING DETAILS.
NOTE: SELLER FINAL ACCOUNT CAN BE CHANGED AS PER THE COMMERCIAL INVOICE
All bank charges assessed by the Seller’s bank relating to the Seller are the Seller’s Sole responsibility.
Buyer:
Bank Name: XXXXXXXXXXXXXXXXXXXXXXXXX
Bank Branch: XXXXXXXXXXXXXXXXX
Address: XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX
Bank officer: XXXXXXXXXXXXXXXXXXXXX
Telephone: XXXXXXXXXXXXXXXXXXX
Account Name:XXXXXXXXXXXXXXX
Account Number:XXXXXXXXXXXXXXXX
Siwft Code:XXXXXXXXXXXXXXXXXXXX
Beneficiary:XXXXXXXXXXXXXXXXXXXXXXXXX
All bank charges assessed by the Buyer’s bank relating to the Buyer are the Buyer’s Sole responsibility.
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8. NON- CIRCUMVENTION AND NON- DISCLOSURE.
Both Buyer and Seller acknowledge that the harm to the other party would be substantial and therefore the Seller
and the Buyer agrees to abide by the customary International Rules of non- circumvention and non- disclosure as
established by the International Chamber or commerce for a period of two (2) year from the date here of the said
non- circumvention and non- disclosure shall include, but not to be limited to communication with each others.
- NON- CIRMUMVENTION: The parties having accepted to be legally bound, hereby irrevocable agree not to
Circumvention, avoid, bypass or obviate each other directly or indirectly to avoid payment of fees or commission
in any transaction within any corporation, partner or individual revealed by other partner to the other in
connection with any project or transaction, trading currency exchange, bullion transaction, commodity or security
transaction involving any product or service, any additions, renewals, extensions or roll- over’s, amendments, re-
negotiations, new contracts, parallel contracts or agreements or third party assignment thereof.
- NON DISCLOSURE: The parties hereto including all concerned persons involved, companies, firms partners,
corporations, co- ventures, investors, joint Ventures, trust and any concern with which they or any associate,
agent, employee, representative or any other person with whom they are or maybe in association to this
agreement, hereby undertake NOT to disclose or otherwise reveal to any third party any information provided by
the other for the purpose of negotiation, making or closing of any transaction , particularly that which concerns
leaders, sellers, codes borrowers, buyers, contacts or source names or other related information such as addresses,
email addresses, telex/ telephone/fax/ numbers or any other means of access hereto, bank recommendation,
references or such information advised to the other as being confidential or privileged or with a commercial value
without the specific express formal written consent of the other party.
- TERM: This agreement shall remain in effect for two (2) years from the issuing date with additional roll-overs
of negotiated durations unless mutually agreed or cancelled by both parties through Mail of the cancellation there
of at the end of any roll-over period and shall apply to any or all the transactions originated during the term of this
contract agreement as well as to all subsequent transaction that are follow- up, repeat extended or renegotiated
transaction of or in any other way derive from transactions originated during the term of this contract agreement.
Whereas the per kilogram after the first delivery could be adjusted or upgraded according to market fluctuations
and per basis of a mutual written undertaking whereby sellers will after the new price and the buyer shall offer
acceptance, rejection or further adjustment of the price and this term shall be enforced.
- BINDING AUTHORITY:
This contract agreement is binding upon the parties to their assigns and successors and as signed with full
authority to act. By signing below, both parties abide by their corporate and legal responsibilities and execute this
contract agreement under full Penalty of perjury.
9. FORCE MAJEUR
If at any time during the existence of this contract either party is unable to perform whole or in part any obligation
under this contract, because of War, Hostility Military operation of any character, civil commotions, sabotage,
quarantine restriction, act of Government, Fire, Floods, Explosions, Epidemics, Strikes or other labor trouble,
Embargoes, and any other matter beyond human control / Capability, then the date of any obligation shall be
Postponed during the time when such circumstances are operative. Neither party to this contract shall be held
responsible for a breach of contract caused by parties do hereby accept the international provision (s) of “Force
Majeure” as published by the international Chamber of Commerce, and as defined in the ICC rule. Furthermore,
the ICC definition of Absolute Necessity shall be incorporated and its interpretation shall prevail. Any waiver /
Extension of time in respect of delivery of any installment or part of the goods shall not be deemed to be waiver /
extension of time in respect of the remaining deliveries. If operation of such circumstances exceeds three (3)
Months either party will have the right to refuse further performance of the contract in which case neither party
Shall have the right to claim eventual damages.
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The party which is unable to fulfill its obligation under the present contract must within 15 (Fifteen) days of
occurrence of any of causes mention in this clause shall inform the party of the existence of termination of the
circumstances preventing the performance of the contract. Certificate issued by a chamber of Commerce or any
other competent authority connected with the cause in the country of the seller or the buyer shall be sufficient
proof of the existence of the above circumstance and their duration. Neither party to this contract shall be held
responsible for a breach of contract caused by parties do hereby accept the international provision (s) of “Force
Majeure” as published by the international Chamber of Commerce, and as defined in the ICC rule.
13. OTHERS:
This contract included 8 ( eight) pages, 14 items.
It is written in English and in regard to the ICC and international laws. English versions will be binding and final.
Made in four original samples remitted to:
14. ENFORCEMENT
In witness thereof the parties have signed and sealed below and by doing so have accepted and approved all the
Terms and conditions of this Contract. Thus the present contract has come into force.
Signature :
Nationality: Ghanian
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Passport N0:G1663338
Issue date 15 NOV 2017
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The Buyer:
Company name:
Address:
Represented by:
Title:
Nationality:
Passport Nr. XXXXX issue date: XXXX
Date, 2021
Authorized Signature and Seal
(Signature of Purchaser)
APPENDIX 2
DELIVERY SCHEDULE
Terms of Delivery
CIF IN Metal Boxes, to Buyer’s nominated Refinery.
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