Pre Shipment Agreement Sugar - DOC - DOC

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Pre Shipment Agreement Sugar - DOC - DOC Powered By Docstoc
					                                      CONTRACT NO. TCB/IMP-----------/2009.
                                        DATED : The-------------------, 2009.

M/s. ..........................................................................................................., Phone:...............,
Fax: .......................... Mob: ............................, E-mail: asiantrading01@yahoo.com
hereinafter referred to as the "SELLERS" on the one part.

                                                                   A N D

Trading Corporation of Bangladesh, TCB Bhaban, Kawranbazar, Dhaka (Fax No. 880-2-
8113582) hereinafter referred to as the " BUYER " on the other part have this day the 2nd
July, 2009 entered into the following contract :-

01.        OBJECT OF CONTRACT :

           The Seller has sold and buyer has bought ................................................ M. Tons (
           .......%, at seller's option) of Plantation White Crystal Sugar/White Refined Sugar on
           CFR Chittagong Port by Sea basis for onward shipment to Bangladesh on the
           following terms and conditions:

02.        QUALITY SPECIFICATION, QUANTITY AND ORIGIN :
           Plantation White Crystal Sugar/White Refined Sugar of current crop which shall be
           dry and free flowing at the time of shipment and fit for human consumption &
           conform to the public Health Regulation in force in the country of origin and
           conforming to the following specification :
             Item                                     Specification                              Quantity             Origin
        Plantation               1.     Polarization                Not less than 99.7           .............       Thailand
      White Crystal                             :                         degrees
       Sugar/White
      Refined Sugar.             2.     Moisture :                Not more than 0.01% by
                                                                         weight.
                                 3.     Colour :                    Not more than 150
                                                                     ICUMSA units.
                                 4.     Grain size :                 Fine to medium
                                 5.     Radio activity               Must not be over
                                               :
                                                                      50 BQ/KG for
                                                                    Sugar for CS-137.

           Supply will be made as per specification above and strictly as per samples submitted
           by the seller at the time of submission of offer duly sealed & signed and retained both
           by the buyer and the seller.

3.         PACKING AND MARKING:
           The Plantation White Crystal Sugar/White Refined Sugar will be carried to
           Chittagong by Sea packed in export standard /export worthy new and sound poly lined
           jute or polypropylene bag of 50 kg Sugar of each bag (net. weight) duly stitched and
           no variation in weight will be accepted.. If there is any damage and / or any
           consequential loss due to quality of bag seller shall be solely responsible and cost



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           thereof will be on Seller’s account. Three (3%) percent empty spare bags to be
           supplied by the supplier alongwith each consignment free of cost. The bags to be
           used for packing of Plantation White Crystal Sugar/White Refined Sugar and empty
           spare bags is to conform to the above specification.
           The words “TCB”, “50 Kgs Nett.” and ``Imported by TCB’’ Plantation White Crystal
           Sugar/White Refined Sugar and Contract Number shall be printed as “MARKING” on
           all bags supplied without fail.
4.         PRICE:
           The price of Sugar brought under this contract is USD ......................... per M/Ton.
           CFR Chittagong Port Liner term basis by Sea.
5.         PERIOD OF DELIVERY:
           Sugar being an essential commodity, timely shipment and arrival of goods are the
          essence of the contract shipment of contracted Sugar is to be effected as per following
          schedule:
           (a)    Shipment of the entire contracted quantity of 12,500 M. Tons (±10%) of
          Sugar is to be effected in 1 (One) lot by ship from any Thailand Port and is to be
          reached at Chittagong Port within 20 (Twenty ) days from the date of opening of the
          L.C.
           (b)        Part Shipment and transshipment is not allowed.
           (c)        If the Seller fails to adhere to the delivery schedule, the Buyer shall have
                      right to terminate the contract and/or claim compensation in addition to the
                      forfeiture of Performance Security to terminate the contract and/or to recall
                      the Letter of Credit and/or other legal actions.
6.         TRANSPORTATION BY SEA:
           (a)        Supply is to be made by Sea, shipment will be made to Chittagong on any
                      flag vessel except Israel
           (b)        The goods shall be shipped by ocean going vessel on liner term basis and
                      discharged at Chittagong. The vessel must be fully geared and classed as per
                      Lloyds Classification 100-A-! or by equivalent Classification Society and the
                      vessel must possess valid certificates relating thereto. The vessel must also
                      possess all survey certificates valid up to the end of her voyage.
           (c)        The age of vessel shall be restricted within 20 years, but the seller, under
                      urgent need of circumstances may engage vessel beyond 20
                      years of age subject to prior written acceptance by the buyer. Full particulars
                      of the vessel must be furnished to the buyer and buyer's Insurer by the seller
                      immediately after nomination of the vessel by Fax/E-mail and will commence
                      loading only upon acceptance by the buyer.
            (d)       Part shipment and Transshipment is not allowed.
            (e)       Full particulars of the vessel like, correct name, flag, year of built, class, length
                      and draught, number of hatches and derricks, quantity to be carried, name of
                      P&I Club, port of registration and registration number are to be supplied to the
                      buyer by the seller while nominating the vessel for transportation of Plantation
                      White Crystal Sugar/White Refined Sugar.




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            (f)       Notice of vessel arrival at Chittagong: Three advance Fax/e-mail notices of
                      vessels arrival at Chittagong to be sent to the following addresses: Dhaka
                      Office Fax: 880-2-8113582, E-mail tcb@bdonline.com and Chittagong office
                      Fax 880-31-740109. The first notice shall be given 10 days before, second
                      notice 72 hours and final notice 24 hours before arrival of the ship. If the seller
                      fails to do so, any loss incurred by the buyer on this account shall be on seller's
                      account and the buyer shall have the right to forfeit the Performance Security,
                      besides taking other actions that may be warranted by law.
            (g)       If the Ship's agent in Bangladesh fails to submit Import General Manifest
                      (IGM) 24 hours before giving NOR or make any faulty declaration or any
                      discrepancies arises due to negligence of shipper's agent any loss or additional
                      expenses incurred by the buyer on this account shall be on seller's account and
                      buyer shall have the right to forfeit the Performance Guarantee besides taking
                      other action as may be warranted by law against them.
           (h)        The seller shall ensure that the goods are placed in the ship in such a place that
                      heat, humidity or other such factors cannot affect the chemical composition
                      and quality of the Refined Sugar during transportation by the vessel.
7.         TERMS OF PAYMENT:
     (a) Payment of ...................................... M. Tons (±.....%) of White Refined Sugar
         contracted for and to be delivered by the Seller shall be made by buyer through
         irrevocable Letter of Credit to be opened by the buyer for total CFR value amounting
         to US$ ............................. (U.S.Dollar ...........................) only. Negotiation of
         documents within 21 days from the date of B.L. Expiry of the L.C. 41 days from the
         date of L.C. opened. The Letter of Credit would be opened after signing of the
         contract.
     (b) All Bank Charges incurred outside Bangladesh related to this Letter of Credit will be
         on seller’s account.
     (c) Charges for extension and/or amendment of the Letter of Credit will be on the account
         of the party responsible for such extension and/or amendment.
     (d) The Letter of Credit shall be negotiable on presentation of the following documents
         in
            original :
        (i) Seller's Invoice indicating specification of goods, gross and nett. weight of
            Plantation White Crystal Sugar/White Refined Sugar shipped.
        (ii) Separate original CLEAN on board Bill of Lading showing freight prepared. The
             Bill of Lading shall indicate gross and nett. weight of the consignment clearly.
        (iii) Certificate of pre-shipment inspection confirming quantity shown in the Bill of
              Lading and showing conformity of the goods to contracted specification, packing,
              marking and weight per bag (gross and nett.) to be issued by the pre-shipment
              inspection agent of Pre-shipment inspection of the entire consignment will be done
              by SGS International at suppliers cost. Separate pre-shipment inspection will be cone
              by TCB nominated agent at TCB’s cost.
        (iv) Packing list showing gross and nett. weight of Plantation White Crystal
             Sugar/White Refined Sugar in each bag.




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          (v) Weighment certificate showing gross and nett. weight of Plantation White Crystal
              Sugar/White Refined Sugar supplied in each consignment.
          (vi) Certificate of origin issued by chamber of commerce/concern Government agency.
          (vii) Seller's Certificate guaranteeing quality of the goods to conform to contracted
               specification.
          (viii) A certificate from authorized agency of the Government of the supplying country
               certifying that the Plantation White Crystal Sugar/White Refined Sugar is fit for
               human consumption. The certificate must state clearly the percentage of Radio
               activity per kg. for cesium 137. The percentage of Radio activity must be within
               the current acceptable limit of Government of Bangladesh which is 50 BQ/kg of
               Plantation White Crystal Sugar/White Refined Sugar for cesium 137. If the
               percentage of Radio Activity exceeds the acceptable limit in that case the supplier
               shall take back the goods at their cost and risk and pay the buyer full value of the
               goods.
            (ix) Any other documents specifically wanted by the Corporation(buyer)
     (e)         The letter of credit shall be negotiable within 21 days of relative shipment.
     (f)         The Bank charge for establishing L/C will be on buyer's account.
     (g)         The charges for extension and amendments of L/C will be on account of the party
                 requesting for such extension/amendments.
     (h)         No condition other than those stipulated in the contract shall be included in the
                 letter of Credit.
8.          SHIPPING DOCUMENTS :

     1.    Supplier is to sent non-negotiable shipping documents as set out below, shall be
           airmail/courier to the Corporation immediately after completion of loading of the
           vessel carrying Plantation White Crystal Sugar/White Refined Sugar so as to ensure
           its receipt by the Corporation before the arrival of the vessel at Chittagong under
           sellers obligation. The required documents are:-
           (a)     Seller's commercial Invoice indicating gross and nett. Weight of Plantation
                   White Crystal Sugar/White Refined Sugar shipped.
           (b)     Complete set of CLEAN "on Board" Bill of Lading showing freight prepaid. The
                   Bill of Lading shall indicate gross and net. Weight of the consignment clearly.
           (c)     Packing list showing gross and nett. weight of Plantation White Crystal
                   Sugar/White Refined Sugar supplied in each bag.
           (d)     Weighment certificate showing gross and nett. weight of Plantation White
                   Crystal Sugar/White Refined Sugar supplied in each consignment.
           (e)     Certificate of pre-shipment inspection as stated in clause No.8.6 of this Tender.
           (f)     Certificate of origin issued by chamber of commerce/concern Government
                   agency.
           (g)     Seller's certificate guaranteeing quality of the goods to conform to contracted
                   specification.
           (h)     A certificate from authorized agency of the Government of the supplying country
                   certifying that the Plantation White Crystal Sugar/White Refined Sugar is fit for



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                  human consumption. The certificate must state clearly the percentage of Radio
                  activity per kg. cesium 137. The percentage of Radio activity must be within the
                  current acceptable limit of Government of Bangladesh which is 50 BQ/kg of
                  Plantation White Crystal Sugar/White Refined Sugar for cesium 137. If the
                  percentage of Radio Activity exceeds the acceptable limit in that case the
                  supplier shall take back the goods at their cost and risk and pay the buyer full
                  value of the goods.
     2.    5 (five) sets of the above mentioned documents shall be airmailed/couriered to the
           following addresses:-
                      Senior Executive(Import)
            1                                                                       1 (one) set.
                      Trading Corporation of Bangladesh TCB Bhaban,
                       1 Kawran Bazar, Dhaka.
                      Senior Executive(CMS& S&D)
            2                                                                       1 (one) set.
                      Trading Corporation of Bangladesh TCB Bhaban,
                      1 Kawran Bazar, Dhaka.
                      Senior Executive(A/C-II)
            3                                                                       2 (Two) sets.
                      Trading Corporation of Bangladesh
                      TCB Bhaban, 1 Kawran Bazar, Dhaka.
                      Senior Executive
            4.                                                                      1 (one) set.
                      Trading Corporation of Bangladesh
                      TCB Bhaban, Bandartila, Chittagong.
     3.     Supplier shall be responsible for any demurrage, handling charges or other expenses
           arising from delay in the dispatch of shipping documents or incorrect preparation
           thereof and the buyer shall have the right to forfeit the amount of Performance
           Guarantee for non-compliance of this instruction.
9.         CHECK OF QUALITY, QUANTITY, WEIGHT AND CONDITIONS:
          A. Apart from the seller’s certificate guaranteeing quality and weight of the goods
             delivered, the quality, specification, quantity/weight (Gross and Nett.) packing
             and marking of the goods shall be corroborated by certificate of pre-shipment
             inspections as mentioned in Clause-8.6 of this tender. The pre-shipment
             inspection certificate should indicate detailed specification gross and nett. weight
             of goods shipped. Pre-shipment inspection and loading supervision will be done
             and certificate issued by the inspection agent nominated by the buyer.
          B. TCB will have the right to send their representative during pre-shipment
             inspection / loading to see that the Plantation White Crystal Sugar/White Refined
             Sugar is being loaded as per sample of Plantation White Crystal Sugar/White
             Refined Sugar.
          C. The supplier will accord necessary facilities to the inspection agency nominated
             by the buyer to enable them to carry out inspection / test properly. In case the
             supplier fails to extend necessary facilities to the inspector or their authorized
             representative to perform inspection/ test properly, the cost incurred for arranging
             such facilities for the purpose of inspection / test shall be recovered from the
             supplier.
          D. If the supplier officially call the inspector for inspection of goods and if after
             arrival of the authorized representative of the inspector, fail to place the goods for
             inspection, the fruitless journey performed by the inspector shall be considered as
             an intervention and in such event the supplier shall be liable to pay to the
             inspector the cost incurred by them for the journey.




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            E. The fees of the inspection agency or their accredited representative shall be
               payable by the supplier in case of rejection of goods above 20%. In case of
               piecemeal presentation of stores (in respect of purchase contracts) falling below
               US$ ...............or equivalent, charges for inspection subsequent to first inspection
               shall be to the account of suppliers at the minimum rate of intervention/inspection
               embodied in the contract executed by the buyer with their nominated inspection
               agents.
            F.   Percentage of rejection will be calculated on the total quantity tendered for
                 inspection.
10.           POST LANDING INSPECTION:
            (1) The buyer shall have the right of checking the quantity/weight and the quality of
                goods including drawing of sample of the goods delivered. Such checking of
                goods shall be carried out at the Chittagong port on buyer’s account during
                discharge from the hold of the vessel within free time allowed at the port by the
                person/agency nominated by the buyer in the presence of the representatives of
                the seller and the buyer. If the seller or his representatives fail to be present at the
                time of checking of the goods or drawing of samples, after the buyer has notified
                him, the seller shall accept the result of the checking of goods and drawing of
                samples in the absence of seller or his representative to be binding on him/them
                and the joint signature will not be necessary.
            (2) Samples shall be drawn out of which 50% of the samples shall be kept by the
                buyer and the remaining 50% by the seller.
            (3) Checking of weight of goods and conditions of cargo shall be effected at the
                Chittagong port by the surveyors on exact tested scale and the cost of weighment
                and the extraction of samples shall be on buyer’s account.
            (4) The Certificate of weight and the test report shall specify the contract number, the
                name of the carrier, it's date of arrival at the Chittagong port, number of bill of
                lading etc.
            (5) Certificate of weightment and condition of cargo or testing of samples shall be
                jointly signed by buyer’s and seller’s representatives and the copies thereto will be
                kept for record both by buyer and seller. Discrepancies in specification, packing,
                marking, shortage, damages, quality and quantity etc ascertained either by way of
                weighment or by testing of samples or by survey at discharge port/place shall be
                forwarded to the seller within ninety days of landing of the goods at the port of
                destination or place of discharge. Seller undertakes to make good the losses to the
                buyer for shortage, damages and for losses in quantity, quality, packing and
                marking, if any, without any reservation.
            (6) Weighment of the cargo will be made at the CPA’s computerized
                weighbridge/exact tested scale & in case of transportation by rail weighment of
                goods shall be made at the place of unloading at the cost of the buyer & the result
                of which shall be accepted by both the buyer and the seller.

11.         INSURANCE
      (1)     The goods will be insured by the buyer. For this purpose the seller will furnish full
              particulars of the vessel to the buyer like name, year of built, flag, port of loading
              and quantity to be loaded 7 (seven) days before commencement of loading. After



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             completion of loading of the contracted goods and before sailing for discharge port
             the seller will inform the buyer, Insurer and Buyer’s Bank by Fax/e-mail mentioning
             the name of the carrying vessel, it’s sailing date, port of shipment, port of discharge,
             contract number, quantity and invoice value of shipped goods. This shall be followed
             by airmail/courier advice with a copy of each of the related Invoice and Bill of
             Lading.
      (2)    Full particulars of the vessel are to be furnished by the seller to the buyer and Insurer
             by fax immediately after nomination of the vessel. If the seller fails to do so and
             thereby TCB fails to insure the goods in time, full responsibility for payment of
             compensation in terms of loss, damage etc. of the goods shall be with the seller.
      (3)     Buyer’s Open Policy No. DAK/C/MC/PUB-010/92 (Open) shall be quoted in all
            shipping      documents by the seller.

12.         PERFORMANCE SECURTY :

            The seller have furnished to the buyer a Performance Guarantee No. ---------------------
            -------------------------------------------------------------------------------------------------------
            -----------------------------------------------only being 2% of the total CFR value of the
            contracted ...............(±.....%) M. Tons Sugar for the performance of the contract.

13.         FORCE MAJEURE:
            In any circumstances arise preventing either contacting party from wholly or partially
            carrying out it's obligation under the contract, namely natural calamity, strike, riots,
            fire, acts of Allah, War, military operations of any nature, blockade and any
            unforeseen event beyond human control, the period stipulated for the performance of
            the contract shall be extended for as along as the circumstances prevail. Provided that
            in the event of these circumstances continuing for more that three months either party
            shall have the right to refuse to fulfill it's obligations under the contract and in such a
            case, neither party shall be entitled to indemnification of any loss.

14.         ARBITRATION :
            In the event of any question or dispute arising under the contract, the same may be
            referred to the award of Arbitrators to be appointed one each by the seller and the
            buyer within 2 weeks of notice from either side or in the case of the said Arbitrators
            not agreeing then to award of an Umpire to be appointed by the Arbitrators in writing
            prior to proceeding with the Arbitration.
            The decision of the Arbitrators or the Umpire, as the case may be, shall be final and
            binding on both the parties. The venue of the Arbitration shall be at Dhaka.

15. A) After signing of this contract all previous proceedings, correspondences and
       negotiations in so far as they are inconsistent and at variance with the terms of this
       contract shall become null and void for both the parties.

    B) Any amendment or supplements to this contract shall be valid only if they are made in
       writing and duly signed by authorized representative of both the parties.




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    C) Neither party shall have the right to assign to a third party it's rights or obligations
       under this contract without prior written consent thereto of the other party being
       obtained.

    D) All dues, taxes and custom duties, clearing & forwarding expenses connected with the
       execution of this contract and levied in the seller's country shall be borne by the seller
       and those levied in the buyer's country shall be borne by the buyer.
Signed in duplicate, on this day of the --------------------------------------- and received one
copy of this Agreement by both the parties.

                          SELLERS                                             BUYERS

               FOR & ON BEHALF OF                                        For & On Behalf Of
                                                                  Trading Corporation Of Bangladesh
         M/S. CMA TRADING INC.                                        Tcb Bhaban, Kawran Bazar
     297-101 Kinderkamack Road. Oradell,                                 Dhaka, Bangladesh.
             New Jersey, 07649.




                (Md. Sujan)                                              (Md. Jainal Abedin)
                 Proprietor                                                   Chairman
        M/S. Asian Trading Company                                Trading Corporation Of Bangladesh
      Head Office, Suit No. 4; 4th Floor;                              Principal Office, Dhaka.
    Motaleb Tower, 8/2 Paribagh, Hatirpool
                Dhaka,1000
                                                       IN PRESENCE OF




              (Sabbir Ahmed)                                          (Md. Abul Basher Khan)
               Representative                                         Senior Executive (Import)
        M/S. Asian Trading Company                                Trading Corporation Of Bangladesh
      Head Office, Suit No. 4; 4th Floor;                              Principal Office, Dhaka.
    Motaleb Tower, 8/2 Paribagh, Hatirpool
                Dhaka,1000




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