Contrato De Negocios Internacionales

DRAFT SALES & PURCHASE CONTRACT


TRANSACTION CODE AND REFERENCE NUMBER
DATE OF CONTRACT : XXXXXXXX, XX, 2012
SELLER’S CODE :
BUYER'S CODE : xxxxxxxxxxxxxxx
CONTRACT NUMBER :
PRODUCT : WHITE REFINED CANE SUGAR ICUMSA45 RBU
QUANTITY : 200,000.00 MT X12 MONTH

This Sales & Purchase Contract is made by the following parties.

AS THE SELLER
COMPANY :
ID NUMBER :
ADDRESS :CITY :
COUNTRY :
REPRESENTED BY :
POSITION :
NATIONALITY :
PASSPORT :
TELEPHONE :
EMAIL :
Hereinafter called the Seller.

AS THE BUYER
COMPANY :
ID/CIF :
ADDRESS :
CITY :
COUNTRY :
REPRESENTED BY :
POSSITION :
NATIONALITY :
PASSAPORT Nº :
TELEPHONE :
TELEFAX :
EMAIL :
Hereinafter called the Buyer or Principal Buyer.


SELLER’S AFFIRMATIONXXXXXXXXXXXXXXXXXXX, HEREAFTER “SELLER”, HEREBY CERTIFIES, REPRESENTS AND WARRANTS THAT IT CAN FULFILL THE REQUIREMENTS OF THIS AGREEMENT AND PROVIDE THE COMMODITY.

BUYER’S AFFIRMATION
XXXXXXXXXXXXXXXXXXXXXXXXXXXXX HEREINAFTER “BUYER”, MAKES AND CONFIRMS THAT IT IS READY, WILLING AND ABLE TO PURCHASE REFINED WHITE CANE SUGAR – GRADE “A” – ICUMSA 45 RBU, HEREINAFTER “COMMODITY” UNDER THE TERMS ANDCONDITIONS OF THIS SALES AND PURCHASE AGREEMENT, HEREINAFTER “AGREEMENT” AND SUBJECT TO VERIFICATION OF THE BUYER’S FINANCIAL CAPABILITY BY SELLER.



MUTUAL AFFIRMATION
UPON CONSIDERATION OF THE MUTUAL AGREEMENT, PROMISES, BENEFITS, TERMS AND VALUABLE CONSIDERATION BETWEEN AND IN THE BENEFIT OF XXXXXXXXXXXXXXXXXXX LIMITADA AND TRADEMARK CORPORATION Ltd., BOTH PARTIES HAVE DETERMINED TO ENTER INTOTHIS SALES AND PURCHASE CONTRACT IN ACCORDANCE WITH THE FOLLOWING TERMS AND CONDITIONS SET OUT HEREIN.

CLAUSE 1.- DEFINITIONS IN THIS CONTRACT
← “THE SELLER” OR “SELLER” OR “SELLER’S” MEANS, XXXXXXXXXXXXXXXXXXX XXXXXXXX
← “THE BUYER” OR “BUYER” OR “BUYER’S” MEANS, ‘XXXXXXXXXXXXXXXXXXXXXXXXXXX
← “THE CONTRACT”, “THIS CONTRACT” AND / OR “THE AGREEMENT” MEANS THIS SALES ANDPURCHASE CONTRACT.
← “THE COMMODITY” OR “THE PRODUCT” MEANS WHITE CANE SUGAR ICUMSA 45 RBU FIT FOR HUMAN CONSUMPTION.
← “MT” MEAN METRIC TONNES THAT IS THE WEIGHT UNIT UNDER THE PRODUCT IS SOLD.
← “USD” MEANS UNITED STATES DOLLARS, THE CURRENCY FOR MONETARY EXCHANGE, MONETARY EXPRESSIONS AND PAYMENTS UNDER THIS CONTRACT.
← “ICC” MEANS INTERNATIONAL CHAMBER OF COMMERCE, ICC 500 – 1993REVISION OR LAST REVISION..
← “INCOTERMS 2010 EDITION” MEANS A STANDARD TRADE DEFINITIONS MOST COMMONLY USED IN INTERNATIONAL SALES CONTRACTS.
← “SGS “MEANS SOCIETY GENERAL DE SURVEILLANCE.
← “CIF” MEANS COST, INSURANCE AND FREIGHT, AS PER INCOTERMS 2010
← “POP” MEANS PROOF OF PRODUCT, AS PROOF OF OWNERSHIP AND ALLOCATION. THE EVIDENCE THAT ONE PARTY HAS TURNEDOVER SOMETHING (PRODUCTION, EXISTENCE IN WAREHOUSE, SGS CERTIFICATE, ETC) TO ANOTHER. COMMONLY, IN TRANSPORTATION, A SIGNED, DATED ACKNOWLEDGEMENT OF RECEIPT.
← “SBLC” MEANS AT SIGHT FULLY FUNDED PRIME BANK STANDBY LETTER OF CREDIT.
← “BG” MEANS AT SIGHT FULLY FUNDED BANK GUARANTEE.
← “DLC” MEANS AT SIGHT DOCUMENTARY LETTER OF CREDIT.
← “TOP 50 BANKS WORLDWIDE INTERNATIONALLYRATED” MEANS BANKS RANKED ACCORDING TO THEIR TOTAL ASSETS IN US DOLLARS, GIVING AN INSTANT OVERVIEW OF THEIR FINANCIAL PERFORMANCE.
← “INTERNATIONAL BANKING DAYS” MEANS REFERS TO THE DAYS AND DATES THAT BANKS CONDUCT BUSINESS, THE SAME AS BUSINESS DAYS. THESE DAYS DO NOT INCLUDE WEEKENDS OR BANK HOLIDAYS.
← “MONTHLY AND ANNUAL DELIVERY SCHEDULE” MEANS THE ADVANCE PROGRAMMED SHIPMENTS THATBUYER HAS TO DELIVER TO ITS CLIENTS. AMONG OTHER PERTAINING INFORMATION AND DESTINATARY INFORMATION, THE DELIVERY SCHEDULES WILL INCLUDE THE VESSEL SIZE OF 12.500, 25,000 OR 50,000 MT (± 5%)) AND THE DESTINATION PORT.
← “SHIPPING ORDER” MEANS THE SPECIFIC INDIVIDUAL ORDERS THAT BUYER WILL ISSUE TO SELLER TO DISPOSE OF TOTAL QUANTITY. EACH SHIPPING ORDER SHALL CONTAIN, AMONG OTHER PERTAINING...