Contract Number / Contract No .: YGCKX35151009028-B
signed Date: October 21, 2015
Date of Signing: October 21, 2015 THE SELLER: MINMETALS YINGKOU MEDIUM PLATE CO, LTD.. ADDRESS: LAOBIAN DISTRICT, YINGKOU, TECHNOLOGY, PRC THE BUYER: VINA ONE STEEL MANUFACTURING CORPORATION. ADDRESS: VOI LA HAMLET, LONG HIEP VILLAGE, BEN LUC DISTRICT, LONG AN PROVINCE, VIETNAM hereby agreed by the buyer and seller, the purchase by the buyer by the seller to sell the goods, according to the following terms of contract : We, the Seller, HEREBY Agree to Sell to the Buyer, and the Buyer, the Material Purchase HEREBY agrees to the terms and conditions herein contained Described upon conditions herein contained Stated Conditions: 1. Product Name: Hot-rolled alloy plate round. Name of Commodity: Hot rolled alloyed Steel Wire Rods. 2. Material: SAE1008Cr plus chromium standard ASTM A510-2006. Grade: SAE1008Cr, chromium added, in Accordance with ASTM A510-2006. 3. warranty book: Press plant standards. Mill Test Certificate:. As per Mill's Standard 4. Coil weight: 1.5-2.5 tons. Coil Weight:. 1.5-2.5MT 5. size, material, price, quantity, amount / Size, Grade, Price, Amount: GRADE SIZE QUANTITY UNIT PRICE AMOUNT COLOR D (MM) (USD / MT) (MT) (USD) MARK SAE1008Cr 6.5 280 1350 378,000.00 ORANGE AND WHITE SAE1008Cr 8 280 650 182,000.00 560,000.00 SUM 2000 Note /Attention:0.4%≥Cr≥0.3% Total weight: 2,000 metric tons (total amount more or less totally -10 / + 10%, more or less single specification -10 / + 10%) Total Quantity: 2000 MT (Total tolarence -10 / + 10%, Tolerance per size-10 / + 10%) Total Value: US $ 560,000.00 (Total minus must not exceed -10 / + 10%) capitalized Fifty entire land ten thousand US dollars. Total Amount: USD560,000.00 (-10 / + 10% at Seller's option) Say in US DOLLARS ONLY Five Hundred Sixty thousand. 6. Delivery: CFR FO port of Ho Chi Minh in Vietnam, citing the terms in line with international Incoterms 2010. Term of Delivery: CFR FO Hochiminh City Port, Vietnam, as per INCOTERMS 2010 7. Latest Sailing: November 20, 2015. Latest Date of Shipment: On or before November 20, 2015. 8. Delivery mark: according to factory standards. Shipping Mark:. As per Mill's Standard 9. Loading port: any port in northern China. Loading Port:. Any Port in north China 10. Arrival Port: Vietnam Ho Chi Minh Hong Kong. Destination: Port Hochiminh City, Vietnam. 11. sources in: People's Republic of China Minmetals Yingkou Medium Plate Co., Ltd Origin: MINMETALS YINGKOU MEDIUM PLATE CO, LTD, PRC.. 12. Payment: The buyer should the buyer and seller agree by bank , out to the seller Minmetals Yingkou Medium Plate Co., Ltd. as the beneficiary of 100% of the contract amount irrevocable, non-transferable letter of credit at sight. In terms of the credit to get out of the seller only after confirmation. And a copy of the letter of credit the buyer in advance by fax to the seller. The letter of credit negotiation is valid for 14 days after the expiration of lading in the negotiating bank. The terms of the basic terms of the contract. Terms of payment: The Buyer should open, with a bank to be accepted by the Seller and the Buyer, a 100% contract value, irrevocable and untransferable letter of credit at sight and / or UPAS LC 180 days after sight in favor of MINMETALS YINGKOU MEDIUM PLATE CO. LTD. L / C items should be confirmed by the Seller before opening. The Buyer is required to fax a copy of L / C application for the Seller's approval. Documents to be presented to the negotiation bank within 14 days after B / L Date This clause is a Fundamental Term of this Contract.. 13. Issuing Date: Purchaser shall open a letter of credit in two working days after the contract is signed, the seller is entitled to withdraw from the contract overdue. Date of L / C Opening:. The Letter of Credit at Sight SHOULD be opened Within 2 Working days after the Contract was Signed Otherwise, the Seller has the right to revoke this Contract. 14. documents: the seller to provide the following documents: Shipment Documents: Following the Seller Shall Present the document: (1) commercial invoice, one original and two copies; Commercial Invoice in Three (3) Originals (2) Full set of clean on board ocean bills of lading; Full set of Clean shipped on board Bill of Lading made out to Order of Issuing Bank, marked "Freight prepaid", Notify Applicant with Full address, Showing name, address Telephone no. of Shipping agent in VIETNAM. (3) packing list issued by the seller to indicate the quantity of each specification and The total number (including the number, weight); Packing List in Three (3) Originals Issued by the Seller, Showing the no of Coils, net weight, Gross weight of each size and in Total and color Marking.. (4) factory inspection certificate ; Mill test certificate; the need to change the bill of lading or other cases, you need to modify the content of the letter of credit, the applicant should arrange an early change cards. After the ship leaves port, the seller generally do not accept credit beneficiaries adverse changes corresponding responsibilities borne by the buyer. Under the circumstances that the L / C needs to be amended due to BL content alternations or other conditions, the applicant should arrange the L / C amendment in the earliest manner. Generally, the seller does not accept the L / C amendments not in favor of beneficiary after the Vessel Departure Date, correspondent Responsibilities Shall be borne by Buyer. 15. Invoice Standard: check jin delivery. Invoicing Weight: Actual Weight. Packing: Mill's Standard export packing 16. Additional conditions / Additional Conditions: (1) may be bulk cargo transport. Shipment effected by Bulk Vessel break. (2) charter of lading acceptable. Charter party are Acceptable Bills of Lading (3) allow partial shipment allowed transshipment. Partial Shipment is allowed, transhipment is not allowed. (4) In addition to invoices and bills of exchange, third party document is acceptable. Third party except Acceptable Documents are Invoice, packing List and Draft. (5) The seller is not responsible for the import licenses required for the port of unloading cargo, taxes, tariffs, anti-dumping tax. Seller Will not be Responsible for any Import license, Tax, Duties, Levies, Duties antidumping etc. at Discharge Port. (6) The purchaser shall select the appropriate insurance products to insure the goods. The seller will not accept any account claims due to improper / errors caused by the insured. Suitable Insurance clause Will be Covered by the Buyer. The Seller Will not Entertain any Claim on account of improper / Wrong cover policy. (7) If the buyer fails to fulfill the contract, the seller is entitled to charge the buyer is not higher than the total value of the contract 5 % as penalty. vice versa. If Buyer failed to execute the contract, the Seller has the right to hold the Buyer responsible for up to max 5% of contract value as penalty for non-execution of the Contract and vice versa, If Seller failed to execute the contract, the Buyer has the right to hold the Seller Responsible for up to max 5% of Contract value as Penalty for non-Execution of the Contract. (8) product quality should prevail in accordance with the quality certification of the production side. If the buyer of the product quality question, should be sent by fax or e-mail notice to the seller within 30 days after arrival of the goods the port of destination, otherwise the default buyer accepts the goods. The seller is entitled to 30 days' notice by an independent investigation to verify the quality of the goods the company for further investigation. Quality in accordance with Producer's Quality Certificate. Any claim by Buyer arising hereunder shall be notified to Seller by e-mail or facsimile within thirty (30) days after arrival of the relevant goods for quantity and 45 days for quality at the destination, otherwise, the Goods Shall be accepted by the Buyer. The Seller has the right, Within 30 days after Receipt of the Notice, to verify through an independent surveying Company allegation. (9) any shortfall quantity of goods by the purchaser of the insurance company or the carrier in charge. The seller of such a shortage of goods shall not be responsible for loss claims. Any Short of Landing of Coils to be settled by the Buyer's Insurance Company and / or carrier. Seller Shall not be Responsible for Short Landing SUCH Claim. (10) The seller of any additional costs arising outside the terms of the contract shall not be liable. And any additional costs arising from the port of discharge shall be responsible for the buyer. Seller Shall not be Responsible for any cost other than the Contract Delivery terms. For any Additional cost to be incurred in at Discharge Port for Buyer's account. (11) according to the terms of trade in international trade conditions, once the goods cross the ship's rail at the port of loading, the risk immediately transferred to the buyer by the seller. However, ownership of the goods only at the negotiating document submitted by the seller and after receipt of full payment before negotiating bank transferred to the buyer. The risk shall pass from the Seller to the Buyer as soon as the cargo crosses the ship's rail at the port of loading in accordance to the INCOTERMS 2010 trade terms and the title to the cargo shall pass from the Seller to the Buyer only after the Seller Negotiated has has Received the Documents and Invoice Full payment of the value of the Cargo shipped from the Negotiating Bank. (12) Seller warrants that all materials comply with contractual requirements. This contract does not contain any requirements of the contract itself beyond other express or implied. Seller Warrants Contract That All Materials conform to specifications. There are no other Warranties, Express or implied, Which Extend beyond the specifications Contained in this Contract. (13) The seller, in any case, be liable for any goods made under this contract arising Indirect / non-direct losses. Such as production losses buyer, production, maintenance or other indirect losses. If the Chinese government on the current export tax rebates and tax adjustments, the seller and the buyer of the contract should be negotiated again, and based on the results of the consultation contract fulfillment. However, due to the buyer reason shipment delay, the buyer should bear 100% float (in FOB prices), the contract price will be adjusted accordingly. If the seller causes delays in shipment, the Seller shall bear 100% float (in FOB prices). The contract price from the buyer to ensure the impact of anti-dumping Thailand. The Seller shall, under no circumstances, be held liable for any indirect / consequential losses of Buyer such as loss of production, stoppage of production, maintenance charges or any other indirect losses incurred from the contracted goods. If the Chinese government makes adjustment at present tax rebate for export, the Seller and the Buyer should carry on the consultation once more to this contract, and carry out this contract according to consulting result. If the Buyer postpone the latest date of shipment, the Buyer should be responsible for 100% of Seller's increased cost caused by tax rebate adjustment (cost will be calculated based on FOB price), and final price listed in this contract needs to be adjusted accordingly. If the Seller postpone the latest date of shipment, the Seller should be responsible for 100% . the cost Caused by Increased Tax Rebate Adjustment (cost Will be Calculated based on FOB price) The Buyer SHOULD Ensure the Contract price is not affected by the Anti-dumping. (14) Arbitration: the law governing this contract as the People's Republic of China shall be law. Any contract caused by the dispute, including whether it exists, effective and termination, will be settled through friendly consultations. If you have not been able to reach a settlement, disputes shall be submitted to the China International Economic and Trade Arbitration Commission, arbitration: Beijing. The decision made by the Arbitration Commission will be considered final and binding on both parties. Arbitration fee shall be responsible for the failure, unless otherwise agreed by the Arbitration Commission. Chinese arbitration application execution. Arbitration:.. The governing law of this contract shall be the law of SINGAPORE Any dispute arising out of or in connection with this contract, including any question regarding its existence, validity or termination, will be settled by friendly negotiation If no settlement can be reached, the case in dispute shall be submitted for arbitration to THE SINGAPORE International Arbitration Centre (SIAC). The decision made by the said Commission shall be accepted as final and binding upon both parties. The
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