General terms and conditions no. W2-ka-SI

Transcription

1 General terms and conditions no. W2-ka-SI For purchase of Kazak Milling Wheat in bulk on the basis of CFR one south Iranian port, by Government Trading Corporation of Iran(GTC),No.12 Jahad square Dr. Fatemi Ave., Tehran, Islamic Republic of Iran, Telephone numbers and fax number , hereinafter called the buyer, will be based on general terms and conditions as follows: 1- Commodity / Specifications: -Kazak milling wheat Crop year Test weight: 76 kg/hl Min - Protein (on dry basis nx5.7): 12.5 pct Min - Wet gluten 26 pct Min - Moisture: 14 pct Max - Foreign matters ( including 0.2 pct Max avena spp): 1 pct max (upto 1.5 pct max acceptable with price reduction on basis of one per one, fractions on pro-rata basis) - Shrunken/broken kernels (under 2x20 mm sieve): 4 pct Max - Sprouted kernels: 2 pct Max - Insect damaged kernels: 0.3 pct Max - Heat damaged kernels: 0.4 pct Max - Falling number: 250 seconds Min - Live insects(including mite): Nil - Fungus /Ergot / Eurygaster/ Smut: Substantially free - Unnatural Odour/Flavour/Colour: Nil - Tilletia Indica Nil - Striga spp Nil - Trogoderma spp Nil -Araecerus fasciculatus Nil - Aflatoxin (B1): 5 ppb Max - Aflatoxins (total including B1): 15 ppb Max - Ochratoxin A: 5 ppb Max - Zearalenon: 200 ppb Max - Deoxynivalenol: 1000 ppb Max - Toxic remains of pesticides, heavy metals and mycotoxins: -Cargo to be substantially free of alien objects such as: Should not exceed codex international limits. Glass -Cement -Metal-rust -ropes - Bags - Cloth.

2 2- Vessel Specifications: - Registration of the vessel: LLoyds 100A1 or equivalent - Vsl(s) must be chartered wholly and exclusively for this cargo. - The vsl to be under 25 years old (not applicable for Iranian flag vsl) and must have necessary maritime or navigation documents /certificates valid during the voyage. - The vsl should be in good condition, capable of loading, delivery, and discharging operations. - Vsl's hatches should be watertight. - Vsl to be bulk carrier, single-decker and self-trimmer. - The nominated vessel(s) must have the ISPS code and must be in strict compliance with ISPS rules and regulations. Note: Name and specifications of the vsl should be notified to G.T.C. at least 5 days prior to loading commencement. 3- Shipping/Discharging Terms: - Seller shall advise G.T.C. of vsl's eta 10 days, 5 days and 48 hours prior to arrival at discharging port. - The whole cargo should be loaded in main holds. - Loading in hatch coaming / wing tanks is not allowed. - Transshipment not allowed -Written notice of readiness (NOR) at discharging port, should be tendered to the buyer's agent at dis-port and copy to GTC's head office in ordinary office hours on a working day (Saturday to Wednesday 07:30 am to 14:00 pm and Thursday 07:30 am to 13:00 pm ), always wibon / wipon / wifpon / wccon. If NOR is received before noon (12.00 included), then lay time is to commence at pm of the same day. If NOR is received in the afternoon, then lay time is to commence at am of the following working day, provided that the vessel is properly ready for discharging. - Discharging to be carried out on the basis of min 4 workable hatches/hooks at discharging port. If any technical problem occurs on the hatches/holds/cranes, laytime should count on pro rata basis, until the problem is solved. - Laydays to be calculated per weather working day of 24 consecutive hours. Thursday afternoon, Friday and official holidays excluded, even if used. - Thursday afternoon and Friday are defined to start at 12:00 hours on Thursday and to finish at 08:00 hours on Saturday. - Official holidays start at 17:00 hours of the day before holiday and finish at 08:00 hours of the day after holiday. - Rate of discharging: 6,000 m/ts per wwd - Discharging port : one south Iranian port,one or two berth(s) -In case the buyer is not in possession of the bill(s) of lading upon arrival of the vessel at destination, for any reason including the seller's failure in timely presentation of the shipping documents, the seller agrees that the buyer shall take delivery of the entire cargo against submission of a suitable letter of indemnity( LOI ) by the buyer, based on owner's P&I CLUB wording, absolving owners from any responsibility for delivery of the cargo without presentation of bill(s) of lading. Text of the said LOI must be presented to the buyer 10 days prior to vessel's arrival at destination and the buyer ensures to submit the completed, singed and stamped text, within 5 days after receipt. The charter party(ies) of relevant vessel(s), must have a proper clause incorporated to this effect. 4- Demurrage / Dispatch: Demurrage rate per day: Demurrage Amount: Cargo tonnage (net): EUR 15, ,500 59,999 MTS

3 EUR 20, , 000 MTS AND MORE -despatch rate: half demurrage on working time saved basis. -fraction of a day to be calculated on pro rata basis. - Demurrage/Despatch at disport, to be settled between seller and GTC directly within 30 days after completion of discharging. 5- Inspection: Inspection of quality and quantity of the goods to be carried out at loading point and at loading time and the relevant certificate(s) including test report (TR), to be issued by the inspection company nominated by GTC. Inspection fees are to be paid by the seller. Furthermore, the buyer shall have the right to send its representative(s) to the loading point(s) to survey the quality and quantity of the goods and to countersign the inspection certificate(s). In this case the Seller must provide facilities for the said rep(s) to visit and inspect all phases i.e. the production, storage, transportation and loading. The name(s) of buyer s rep(s) will be advised subsequently. In case the advising bank is not in receipt of the specimen signature of the buyer s representative(s) in due time, the signature(s) is/are to be verified by the embassy or consulate of the Islamic Republic of Iran in Kazakhstan. 6- Fumigation: Seller has to fumigate the wheat in vessel's holds. Fumigation certificate will be issued by the nominated inspection company, evidencing that goods have been fumigated by Detia Degesch recirculation system using 3 phostoxin or aluminium phosphide tablets of 3 grams each per m/t (i.e. 3 tablet x 3 grams = 9 grams of phostoxin or aluminium phosphide per m/t). 7- Performance Guarantee: seller must submit within seven working days after conclusion of the purchase contract, an Unconditional Performance Bond Guarantee (U.P.B.G.) equal to five pct of total value of the contract, to be issued by an Iranian bank. The said U. P.B.G. to remain valid until three months after completion of shipment and to be extensible for an additional period of three months, if required by "G.T.C.". 8- Payment: After receipt of the U.P.B.G.,"G.T.C." will open an unconfirmed, irrevocable, non-transferable and indivisible L/C in EUROS, in seller's favour to cover the value of the contract, payable against presentation of the following shipping documents: -Commercial invoice (mentioning also the freight rate ) issued by the seller and the original to be certified or legalized or visaed by c Republic of Iran in beneficiary's country /country of origin /country of loading. -Certificate of origin issued by chamber of commerce in beneficiary's country / country of origin /country of loading. -Certificate of inspection (COI) of quality and quantity of the goods, enclosed with test report (TR), issued by the inspection company or its authorized agents at loading point and at loading time at seller s account in the country of loadings. The original to be certified or legalized or visaed by chamber of commerce in country of loading - Full set of clean on board bill(s) of lading marked ''Freight prepaid''.

4 - Phytosanitary certificate issued by official governmental authorities in Kazakhstan evidencing that the wheat is free from any pests and diseases including. - Striga spp - Trogoderma spp - Tilletia indica -Araecerus fasciculatus - Certificate of fumigation issued as per fumigation clause. Certificate of health issued by the inspection company indicating that: The wheat is fit for human consumption Aflatoxin (B1) 5 ppb Max Aflatoxins (total including B1) 15 ppb Max Ochratoxin (A) 5 ppb Max The Original to be certified or legalized or visaed by chamber of commerce and embassy/consulate of The Islamic Republic of Iran in the country of loading. Important note: Non negotiable copies of all shipping documents including Phytosanitary and Health certificates to be received by GTC 10 days prior to vessel arrival at discharging port by DHL and TNT. Notes: -All the required documents to be prepared in one original and three copies except B/L which should be in four originals, and statement regarding non-negotiable docs, which should be in one copy. -L/C number and the name of Government Trading Corporation of Iran as notify party should appear on all documents. 9- Insurance: Cargo insurance to be arranged by "G.T.C." and insurance cost to be on "G.T.C." 's account. Underwriter's name should be mentioned on all documents. 10- Force Majeure: Force majeure is defined by "G.T.C." as follows: - War - Strike - Act of God beyond the control of human being 11- Dispute Settlement: Disputes will be solved amicably; otherwise, must be finally and exclusively settled in Iranian courts and in accordance with the Iranian law and regulations.

5 12- Other Terms: - Charter party bill of lading acceptable. However in case of any conflict/contradiction between the purchase contract, B/L and/or C/P, the contract shall govern the case. - Presentation of third party documents, except seller's commercial invoice, for negotiation acceptable - seller must inform "G.T.C." of all needed amendment(s), if any, within two working days after receipt of the L/C. - seller shall not pay any commission to any person or company. - Partial shipment not allowed. - Partial negotiation of documents not allowed. - All banking charges outside Iran, will be on seller's account. - This text No. W2-KA-SI is an integral part of our purchase contract. In case of any contradiction between this text and the contract, the contract shall prevail. - the cargo loaded in each individual hold must comply with contractual quality specifications. - Documents presented up to 42 days after B/L date but within validity of the L/C acceptable. - In case the transaction is concluded by exchange of fax(es), seller should submit the original text of the fax(es) to G.T.C. within 7days. FOR AND ON BEHALF OF GTC