Contrat 300 KG Guinée Signé

Download as pdf or txt
Download as pdf or txt
You are on page 1of 7

GUINEE TRADING IMPORT/EXPORT

GTIMP

Sellers Code: W029/04/2020 / FCO – DATE: 24 April 2020


Buyer’s Code

SALE & PURCHASE AGREEMENT FOR 300 KGS GOLD BARS


This Sale and Purchase Agreement of Gold (“Agreement”) is made and entered into on this
16nd day of 16 April 2020 by and between

SELLER’S COMPANY:
GUINEE TRADING IMPORT EXPORT SARL
Address : Commune De Matoto
Country: Conakry, Republic of Guinea
Represented by Mr . SEKOUBA KOUROUMA
(Hereinafter referred as the “Seller")

And

BUYER’S COMPANY: ORILYS CONSULTING


Address; Badaladougo Est S/c EGCC INTERNATIONAL Commune V – Bamako
Country: MALI
Represented by: Mr Wilfried Trazie/Mr Hervé Boquien
(Hereinafter referred as the “Buyer") or Mandate

Whereas; Seller, with full corporate authority to sell, makes an irrevocable and firm
commitment to sell a total of Gold Bars from Western Africa.

Whereas; Buyer, with full corporate authority to buy, wishes to purchase the Seller's Gold
Bars over an agreed time period.

Now therefore, the Parties agree to the terms and conditions as follows stated herein.
GUINEE TRADING IMPORT/EXPORT
GTIMP

1. SCOPE OF THE AGREEMENT:


a) The Seller, under full authority and responsibility, declares that he has the clear and
qualified right to sell the Gold Bars, Seller further guarantees that he has the means to
legally export the Gold Bars from West Africa or any other origin.
b) The Buyer, under full corporate authority and responsibility declares that he and his
associates have the full capability to purchase the total quantity of the Gold Bars stated on
the FCO Date 02 April 2020 and such purchase will be raised with options of extension
annually.

PROCEDURE: CIF/FOB

2. COMMODITY (A) SPECIFICATIONS:

Product: Precious Metal (GOLD DUST /BARS )


Carats : 22 CARACTS+
Purity: 96 %
Origin : GUINEA CONAKRY
Location : GUINEA CONAKRY First Shipment : 300 KG with rolls & extensions up to 300
KG per month
Duration : 1 Year and each month

Price per kg: $36.000 USD /KG included $2000 / KG as COMMISSION payment by the
Buyer as agreed by him, with the facilitators through NCNDA-IMPFA.

3. QUANTITY:
The agreed upon quantity for sale to the Buyer under the terms of this Agreement shall be
an initial shipment of (300KGS).

4. PRICE:
a) The price payable by the Buyer to the Seller for the duration of this Agreement has been
fixed at the Full Cooperate Offer (FCO- Date 02-04-2020)
GUINEE TRADING IMPORT/EXPORT
GTIMP

5. DELIVERY TERMS AN PROCEDURE::

1- Buyer send his passport copy to seller

2- Responsibility: Buyer Contact Global Brinks Dubai to contact and (Authorized


representative) MSS INTERNATIONL CARGO- GUINEA Republic of GUINEA.

3- Buyer’s acceptance: The SPA shall be signing below and return it back to the
company by email or fax.
Buyers and Seller sign the contract.

4- MSS INTERNATIONL CARGO- GUINEA Republic of GUINEA Contact the seller to


handle the process.

5- MSS INTERNATIONL CARGO- GUINEA Republic of GUINEA contacts our seller for
confirmation and verification of the product.

6- Upon all necessary test and confirmation of product by MSS INTERNATIONL


CARGO- GUINEA Republic of GUINEA Conakry Republic of Guinea, After Buyer pays
50 % of total invoice value to the seller account via VISTA BANK GUINEE and
MSS INTERNATIONL CARGO- GUINEA Republic of GUINEA take ownership of the product
then make all necessary export process to buyer’s destination,
Buyer pays 50% of the balance after reception of the product at buyer destination.

6-PAYMENT TERMS :
1- Buyer must make first delivery payment upon signing of contract by Swift wire MT 103.
2- Buyer make the payment of 50% to nominate account at VISTA BANK GUINEE Conakry
Republic of Guinea, the balance 50% will be paid after verification at Buyer destination.
3- Seller will be responsible to clear shipment documents through Customs and complete
the delivery to MSS INTERNATIONL CARGO- GUINEA Conakry via secured and insured
transport by MSS INTERNATIONL CARGO- GUINEA at final destination.
4- Seller is responsible for make payment and all necessary for Governement taxes.
GUINEE TRADING IMPORT/EXPORT
GTIMP

7. NOTICES:
Any and all notices required to be given by one party to the other party to this Agreement
shall be in writing and by posting the same by certified/recorded post at the address or
addresses as stated copied by facsimile or email, directly to the Parties referenced herein.

SELLER’S REPRESENTATIVE
KHEPER GROUP/represented by Mrs. Edwige ÖZDEMIR is the legal contact between buyer and
seller and hereinafter referred to as the Seller’s Mandate.

Buyer’s Banking Details:

BENEFICIARY NAME
BANK NAME
BANK ADDRESS
ACCOUNT NO.
ACCOUNT NAME
SWIFT

BANK OFFICER
BANK TELEPHONE /FAX
PRIVATE NR
GUINEE TRADING IMPORT/EXPORT
GTIMP

8. EXPORT DOCUMENTS:
Each shipment and delivery shall be identified with all appropriate Agreement reference
codes and numbers. Seller must provide the following documents to Buyer prior to arrival
of goods or when goods arrive at the airport:
a) Three originals of Commercial Invoices in favor of the Buyer
b) Certificate Of Origin and ownership
c) Certificate of Analyze
d) Export authorization
e) Custom Clearance
f) Export Permit, Original copy of the air waybill
g) Full set air waybill, marked "air freight Pre-paid" with Flight number & date of arrival
h) Gross weight and net weight

9. CLEAR TITLE:
Seller confirms and warrants that the title of the Gold Bars to be sold herein will be free and
clear of any and all liens and/or encumbrances and Seller states that the Gold Bars is not or
terrorist and/or criminal origin.

10. TRANSFER OF TITLE OF GOODS:


The Title and full rights of ownership of the Gold Bars shall pass to the Buyer upon 1)
confirmation of the final payment by Seller’s representative transactional bank.

11. WARRANTIES:
a) The Seller covers all the duties in country of export.
b) Seller warrants that the commodity can be lifted without restrictions to anywhere in
the world.

12. FORCE MAJEURE:


The Parties hereto shall not be held liable for any failure to perform under the "Force
Majeure" clause as regulated by the International Chamber of Commerce, Paris - France
which clauses are deemed to be incorporated herein.
GUINEE TRADING IMPORT/EXPORT
GTIMP

13. ETHICS: (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 Buyer agreed to abide by the Customary International rules of non-
circumvention and non-disclosure as established by the International Chamber of Commerce
in Paris, France for a period of five (5) years from the date hereof. Said Non-circumvention
and non-disclosure shall include, but not be limited to communicating with each other's banks,
Representatives
of Buyer dealing with Customs, brokers or Seller's mandate. The understanding and accord
of this subparagraph will survive the termination of this Agreement.

14. BINDING AUTHORITY:


This Agreement is binding upon the Parties hereto, their assigns and successors and is
signed with full authority to act.

15. EXCLUSIVITY OF AGREEMENT: This Agreement is exclusive and assignable and exists
solely for the benefit of the named Buyer and Seller. The Buyer shall provide a signed and
completed copy of any assignment, conveyance, or transfer and send same to the Seller.
Any such assignment, conveyance, or transfer of this Agreement and the rights and
responsibilities in connection with it by the Buyer shall be deemed valid and in full force.

16. TOTAL AGREEMENT:


This Agreement supersedes any and all prior agreements and represents the entire
Agreement between the Parties. No changes, alterations or substitutions shall be permitted
unless the same shall be notified in writing and signed by both Parties.

17. EXECUTION OF THIS AGREEMENT:


The terms of this Agreement shall be confirmed and signed by the Buyer and the Seller via
facsimile or Email. Said executed facsimile or email shall be binding and initiates and
concludes the legal liabilities between Buyer and Seller of this Agreement. By signing below,
both Parties abide by their corporate and legal responsibility, and execute this Agreement
under full penalty of perjury.
GUINEE TRADING IMPORT/EXPORT
GTIMP

IN WITNESS WHEREOF, both Parties hereto hereby affix their signatures in the presence of
their respective witnesses on the date and place first above written,

SELLER’S PASSEPORT BUYER’S PASSEPO

Seller’s Name: Buyer’s Name:


Guinee Trading Import Export Sarl ORILYS CONSULTING

Mr. SEKOUBA KOUROUMA

You might also like