Combustibles JAH: D2, JP54, Mazut

1. CONDICIONES DEL NEGOCIO


1. Orden mínima de compra por producto para contrato: no venden SPOTS
   JP54: 3’0 MM Bs X 12 (negociable la cantidad mínima)
   D2: 500K TM X 12
   Mazut: 250K TM X 12

2. Descuentos: 25% del Platt con un mes de SBLC o BG, se toman 3% para comisión.

3. El producto será producido en Rusia, no está en tanques, las entregas son CIF Rotterdam únicamente a partir de 10 a 38 días de la verificación SBLC o BG.

4. La verificación bancaria es Banco a Banco. El procedimiento no es negociable; si el Comprador es un revendedor difícilmente tendrá capacidad para emitir un MT799 (si no tiene fondos en su banco) y no va poder emitir ICPO.

5. ICPO según modelo JAH la cual debe salir del correo corporativo de la empresa y cuando se recibe se llamará para verificar y se le enviará la IMFPA para firmas. Junto con la ICPO se solicita el BCL el cual podrá ser diligenciado directamente por la Representante de Venta.





2. CLAUSULA 6 - PRECIO:

6.1 The price shall be determined to be the average of the 3 (Three) days around the B/L (Bill of Lading) date, PLATT'S OIL MARKET WIRE CIF for the appropriate delivery Port, less discount 25% Per Barrel, on a ship by ship basis, paid by the Buyer. All remaining cost of all product, at all times, during each 12 (twelve) month contract, shall be paid internally by the Supplier.

6.2 The Buyer nominates the discharge ports as ASWP (Any Safe World Port - non USA embargoed World Port).

6.3 The Performance Bond as referred to in this Contract shall be calculated as 2% (Two percent) of the face value of the Financial Instrument(s) issued pursuant to Clause 7.1 below.



3. CLAUSULA 7 - PAGO:

7.1 At the commencement of the Contract, and prior to the commencement of each subsequent year of delivery of product according to this Contract, the Buyer shall establish an Unconditional Irrevocable Bank Guarantee (BG) of the agreed averaged equivalent PLATTS market value of One (1) month’s shipments, being for the first Twelve (12) months contract, US$500,000,000 (Five Hundred Million United States Dollars), [calculated at the agreed averaged equivalent market value, of One (1) month’s shipments, CIF appropriate PLATTS Market Value] as per text contained in Annexure “4”.

7.2 The BG to be issued by, or with AVAL from a Top 50 World Bank, Western European, UK, or HK based, or other Bank acceptable to the Seller, valid for one (1) year and forty five (45) days, in favor of Seller or Nominee.

7.3 From the commencement of shipping, the Buyer shall pay the Seller for each shipment by Bank to Bank SWIFT cable within 5 (Five) International Banking Days of the Delivery Date, (being the date mutually accepted by both Seller and Buyer as the date on which the nominated International Surveyor Company has ascertained the quantity and quality of the product pumped into the Buyer’s designated discharge terminal facilities) as defined per Contract Definitions on page 4 of this Contract, and of the Seller providing the Buyer (or Buyer’s Bank as nominated by the Buyer) with a hard copy of all documents as required by Clauses 9.1 to 9.6 inclusive of this Contract.

7.4 At the date of expiry of the BG issued pursuant to this Contract, the parties to this contract shall calculate the value of shipments made by the Seller, and the values of the BG issued against those shipments and agree any balance protocol. All necessary payments will be transferred to the relevant party, by SWIFT, Bank to Bank, within 2 (Two) International Banking days of notification of any balance due, whether the Seller is required to make such payments to the Buyer, or the Buyer to the Seller.

7.5 In the event of non delivery for any reason whatsoever, including force majeure, and subject to written notice to the Seller from the Buyer at least 30 (Thirty) days from the date of any such non delivery, and pursuant to Clauses 4.1 and 8.5 of this Contract, Buyer must elect, and request in writing that one of the following procedures be applied:

a) Seller agrees to pay by SWIFT wire transfer 100% (One Hundred Percent), of the face value of any Bank instrument offered as security, as received, verified and accepted, plus 5% (Five Percent) penalty, totaling 105% (One Hundred Five Percent), as full settlement within 60-65 (Sixty to Sixty Five) days from the receipt, verification, and clearance of the Buyer’s accepted financial instrument, by the Seller’s Banker and Seller, in the event of non delivery for any reason whatsoever, including force majeure. Such payment will be calculated on a pro rata basis to make allowance for any part of the Contract performed and value of the financial instrument to be applied to shipments made prior to the date of non delivery, or

b) Buyer agrees to pay the Seller for the portion of the Contract performed by way of shipments made prior to the date of non-delivery, (“delivered value”). Seller agrees to instruct the Sellers Bank to transmit by SWIFT MT760 to the Buyers Bank account, a financial instrument of the same verbiage, and amount as per Annexure 4, with agreed maturity date, subject to Buyer having paid for the “delivered value” amount, in full settlement.





4. CLAUSULA 8 – PROCEDIMIENTOS BANCARIOS:

8.1 Within 5 (Five) international Banking days of signing the contract, the Buyer shall procure from the Buyer’s Bank, a letter (per draft text Annexure “R”) addressed to the Buyer that the said Bank is ready willing and able (RWA) to issue messages by SWIFT MT799 to the Seller’s Bank, on a Bank to Bank basis as per the sample text supplied by the Seller (Refer Annexure “X” attached), preferably from a Top 50 World Bank, Western European, UK, or HK based, or other Bank acceptable by the parties, in text/format acceptable to the Seller and Seller’s Bank. The Buyer shall provide a copy of the aforementioned RWA letter to Seller.

8.2 Within 3 (Three) international Banking days of receiving copy of RWA letter per Clause 8.1 above, the Seller shall advise Bank Coordinates for its nominated transaction Bank to receive and send SWIFT messages.

8.3 Within 5 (Five) international Banking days of the Buyer and Seller signing the contract, the Buyer shall instruct and procure its Bank to issue a Text message by SWIFT MT799 to the Seller’s Bank, on a Bank to Bank basis as per the sample text supplied by the Seller (Refer Annexure “X” attached), issued by the same bank that will issue the BG, preferably a Top 50 World Bank, Western European, UK, or HK based, or other Bank acceptable by the parties, in text/format acceptable to the Seller and Seller’s Bank.

8.4 Within 5 (Five) international Banking days of the receipt by the Seller’s Bank of the SWIFT MT799 message per Clause 8.3 above, to the complete satisfaction of the Seller and the Seller’s Bank, Seller’s Bank will transmit SWIFT MT799 message to Buyer’s Bank (Refer Annexure “Y” attached).

8.5 Within 5 (Five) international Banking days of receipt by the Buyer’s Bank of the SWIFT MT799 message per Clause 8.4 above, Buyer’s Bank will deliver by SWIFT MT760 said BG (per text Addendum “4” attached) issued by, or with an AVAL from (confirmed by), a Top 50 World Bank, Western European, UK, or HK based, or other Bank acceptable to the Seller, to Seller’s Bank per Clause 7.1 above. The BG and AVAL to be authenticated, verified and confirmed, Bank to Bank. Seller’s Bank will advise Buyer’s Bank within one to three (1-3) International Banking Days by Bank to Bank SWIFT of the BG and AVAL having been authenticated, verified and confirmed, and as being acceptable in terms of the Contract (referred to hereafter as “Acceptance”).

8.6 Within 3-7 (Three to Seven) International Banking Days of the Seller and Seller’s Bank Acceptance and Monetization of the BG and AVAL (hereinafter referred to as “Clearance”), the Nominated Bonding company shall issue on behalf of the Seller the required 2% Performance Bond, and the Seller shall instruct its bank to forward Proof of Product (POP) documents as soon as available thereafter.

8.7 First delivery is to be within 38 days from Seller Bank/Seller’s Clearance of the BG and AVAL pursuant to the procedures as detailed in Clauses 8.1 to 8.6 inclusive above, and in conformity with the requirements of Clause 7.1 of this Contract. The Seller will confirm the loading schedule of the product to allow the Buyer to arrange port facilities to receive the product as per loading schedule to be agreed upon between the parties. All other clauses shall protect the Buyer as contained herein under International Law.

8.8 Each Party hereto will bear its respective Banking costs / charges and the Buyer shall arrange and pay the cost of the AVAL by a third acceptable Bank with full Banking responsibility in the event that the BG is not issued by a Top 50 World Bank, Western European, UK, or HK based, or other Bank acceptable to the Seller. Should any amendments to the BG be requested once issued, then the Party requesting the change will be responsible for the payment of the related costs, unless changes are needed to construct the instruments in compliance with this Contract, then the costs shall be borne by the faulting party.



5. CLAUSULA 9 - DOCUMENTOS

9.1 A full set of 3/3 originals plus 3 N/N copies of Ocean Bill of Lading made out “Clean on Board”, marked “Freight prepaid”. The B/L to be signed in original by the ship’s Master and issued or endorsed to the order of, or to the Buyer showing destination, identification of the loaded cargo with quantity expressed in US METRIC TONS at 60 degrees Fahrenheit. Original quantity and quality certificates plus 3 copies as issued at loading Port by independent Surveyor Company SGS.

9.2 Certificate of Origin plus 3 (Three) copies countersigned by a local Chamber of Commerce.

9.3 Signed commercial invoice, based on the loaded quantity / quality, but subject to the issue of any adjusting invoices, based on the quantity and quality certificates to be issued at the completion of discharge operations, per Clause 9.5 of this Contract.

9.4 Any other documents pertaining or related to the current shipment, duly signed by the authorized persons.

9.5 Original quantity and quality certificates plus 3 (Three) copies as issued at Discharge Port by independent Surveyor Company SGS, according to the ASTM procedures on completion of the discharge operations.

9.6 Original Cargo Insurance Policy, covering “all risks”, issued by first class insurance company chosen and provided by Seller and acceptable to Buyer.

9.7 All banking charges outside of either the Buyer’s Bank or the Bank providing AVAL in conjunction with the Buyer’s Bank are for the Seller’s account.





6. SPLIT FEE – GENEALOGIA:

• Comisión: 3%, la comisión la paga el Comprador.
• Seller Side: 50% (cerrado); Seller Mandate.
• Buyer Side: 50%:
  Intermediario Venta (cerrado): RJA + OK Broker Inc.
  Intermediario Compra: abierto.

NOTA: Solo es viable ir a la mesa con una ICPO + BCL asegurándonos previamente que pueden comprar atendiendo los procedimientos de venta.