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JCTC- Contract for sale of fertilizer - October 31_ 2008

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JCTC- Contract for sale of fertilizer - October 31_ 2008 Powered By Docstoc
					                                             CONTRACT FOR SALE OF GOODS

THIS CONTRACT is made this _____day of ______________ 2008 between ___________________________

                                                          (hereinafter referred to as “the Buyer”)

of ____________________________________________________________Tel.______________________, of the
FIRST PART and the Jamaica Commodity Trading Company (hereinafter referred to as “the Seller”), of 69-73

Caracas Avenue, Kingston Free Zone, Tel. _____________________________________ of the SECOND PART.

WHEREAS the Buyer is seeking to purchase fertilizer (hereinafter referred to as the goods) and the Seller
undertakes to sell same in accordance with the terms and conditions stated herein.

WHEREAS the Buyer undertakes to enter into this agreement on each occasion on which he collects goods from the
seller on credit.

THE PARTIES AGREE AS FOLLOWS:

     1.    The Seller agrees to sell, and Buyer agrees to buy the goods in accordance with the Description of Goods
           and Schedule of prices set out in Appendix 1 hereto attached.

     2.    The Seller will sell a minimum of one pallet of the goods, which contains fifty(50) bags (each bag
           weighing fifty (50) lbs).

     3.    The Buyer shall pay the Seller for the goods in accordance with the payment terms stated herein:

          Payment Terms
                  i.            Payment for goods on credit shall be made by post-dated cheque
                  ii.           Purchase Price may be paid in two (2) installments, the first being payable
                                within fifteen (15) days of receipt of the goods. The second installment shall be paid
                                within thirty (30) days thereafter.
                    iii.        The two post-dated cheques shall be presented to the Seller upon receipt or prior to
                                receipt of goods.
                    iv.         Any late payments of amount payable shall attract a charge of 1/2 % per day of
                                outstanding amount owed. If the Seller undertakes collection or enforcement efforts, the
                                Buyer shall be liable for all cost thereof, including attorney fees.
                    v.          The Buyer may pay a deposit on goods received by manager’s cheques and enter
                                into a credit arrangement for further payment subject to the provisions above.

                    vi.         The purchase price shall be in the amount of _________________________________

                               ___________________________as detailed in Appendix 1 and as agreed between the
                    parties.

    4.    The Buyer has a responsibility to reasonably examine goods prior to acceptance and to notify the seller of
          any defect of the goods. Failure of the Buyer to comply with this condition shall constitute an irrevocable
          acceptance of the goods. (Appendix II)

    5.    The Seller warrants that the goods are merchantable, conforms to Industry Standards and specifications.
          The Seller’s liability under the foregoing warranty is limited to the replacement of goods. No other
          warranty expressed or implied is made by the seller and none shall be imputed or presumed.

    6.    The Seller shall transfer ownership of the Goods to the buyer upon acceptance of the goods by the Buyer.

    7.    The Seller represents and warrants that the company has the right to sell the goods as provided in this
          Agreement. Furthermore the seller warrants that the goods are free from any security interest liens,
          outstanding titles, claims or any other outstanding encumbrances.

    8.    If any part or parts of this Agreement shall be held unenforceable for any reason the remainder of this
          Agreement shall continue in full force and effect. If any provision of this Agreement is deemed invalid or
          unenforceable by a court of competent jurisdiction, if limiting such provision would make the provision
          valid then such provision shall be deemed to be construed as so limited.

    9.    The covenants and terms contained in the Agreement shall apply to and bind the parties and their heirs,
          legal representatives, successors and permitted assignees.

    10. This Agreement shall be governed by and construed in accordance with the Laws of Jamaica.

    11. The Buyer and the Seller shall make every effort to resolve amicably by negotiation any disagreement or
        dispute arising between them under or in connection with this Agreement. If the parties fail to resolve such
        a dispute or difference by mutual consultation within twenty-eight (28) days from the commencement of
        such consultation, either party may require that the dispute be referred to arbitration in accordance with the
        Laws of Jamaica.
                                                          2

    12. The Seller may without liability, delay performance or cancel this agreement on account of force
        majeure event including but not limited to Acts of God, political unrest, failure of source of supply.

    13. Any notice to be given or made under this contract shall be in writing. Any such notice shall be deemed to
        have been given or made when delivered in person to an authorized representative of the party to this
        agreement or when sent by facsimile transmission or by registered post to the address of either party
        contained herein.

    14. The failure of either party to enforce any provisions of this Agreement shall not be deemed a waiver or
        limitation of that party’s right to subsequently enforce and compel strict compliance with every provision
        of this Agreement.

    15. No modification of this contract will be effective unless it is in writing and signed by both parties. Time is
        of the essence of this contract. This contract binds and benefits both the Buyer and Seller and any
        successors. This document, including any attachments, is the entire agreement.

    16. This Agreement constitutes the entire agreement between the parties and supersedes any prior outstanding
        representation of any kind preceding the date of this Agreement. There are no other agreements whether
        oral or written, relating to the subject matter of this Agreement.


IN WITNESS WHEREOF: The parties have caused this Agreement to be executed the day and year first
above written


BUYER:
Name of Authorized Representative (in Block Capitals): ____________________________________________


Signature:___________________________________________________


SELLER:
Name of Authorized Representative (in Block Capitals): ____________________________________________

Signature: __________________________________________________



                                                        APPENDIX I

                                        Description of Goods and Schedule of Price

     ITEM/ DESCRIPTION                   UNIT         QUANTITY *             PRICE             TOTAL PRICE
                                                                            Per bag ($)            ($)

16-6-18 Fertilizer                     50 lb bag                           1,400.00

14-28-14 Fertilizer                    50 lb bag                           1,445.00

11-22-22 Fertilizer                    50 lb bag                           1,425.00

TOTAL

* Quantity to be verified by Buyer’s Agent and inserted after loading.


                                                      APPPENDIX II

                                Details of Buyer’s Agent who Collected Goods from Seller


Vehicle Make and Licence Number which collected goods: ___________________________________________

I,_________________________________________, do certify that I have checked the quantity of goods received
and it is in accordance with Appendix I above.


                                __________________________________________
                                 Signature of Buyer’s Agent who collected Goods



JCTC Form 01-Ver. Oct 31, 2008