Agreement for the Purchase and Sale of Gold Dore Bars
- By DMMB
7 GOVERNING LAW AND JURISDICTION: All disputes arising out of or in connection with this Agreement or in connection with any agreement entered into under this Agreement shall be resolved by arbitration. The seat of the arbitral tribunal shall be in accordance with the Conciliation and Arbitration Rules of the International Chamber of Commerce (ICC), Arbitral Tribunal, Paris, France, and English shall be the language of the contract and proceedings. If either party fails to provide the service exactly under the terms of this Agreement, the other party will promptly notify of the non-performance, after which the non-performing party shall comply with its obligations within seven (7) business days, or provide an appropriate written explanation of the reasons for the non-performance as well as a specific schedule of performance. JOINT STATEMENT: Seller and Buyer mutually declare that the AU goods offered for sale herein and the origin of the means used to purchase the AU goods do NOT violate the Drug Trafficking Offences Act 1986, the Criminal Law 1988, the Prevention of Terrorism (Temporary Provisions) Act 1989, the Criminal Justice (International Cooperation) Act 1990, the Criminal Justice Act 1993 and the Money Laundering or Any Other Illegal or Criminal Act Regulations 1993. Accordingly, each party to this Agreement indemnifies each other for such claims that may or may not be made in the future. COPIES AND FAX NOTICES: This Agreement is accepted by both parties as legal and binding when signed and sent by fax and/or directly to the relevant parties at the numbers specified in this Agreement. FORCE MAJEURE: The parties will not be liable for non-compliance with the «Force Majeure» clause as governed by the International Chamber of Commerce of Paris, France, whose clauses will be deemed to be contained herein. ETHICS: (NON-CIRCUMVENTION and NON-DISCLOSURE): Buyer and Seller acknowledge that the damage would be material to the other party, and therefore Seller and Buyer agree to comply with the international rules of non-collection and confidentiality established by the International Chamber of Commerce in Paris, France, for a period of five (5) years from the date of this Agreement. This non-circumvention and non-disclosure includes, but is not limited to, communication with banks of the other party FREIGHT and full delivery to the refinery. Within three (3) business days of receipt of delivery, the refinery must submit an investigation report to buyer and seller and their respective banks for confirmation and agreement. 3 PRICE: The buyer pays the seller the sum of 20% discount on LBMA USD per kilogram of pure gold depending on the quality (purity and finesse) specified by the seller, the price is subject to revision according to fluctuations in the world gold market, up or down.
COMMISSIONS: FROM THE SELLER PAID SELLER`S MANDATE $0,000 ( ) USD s / group of buyers. $0,000 ( ) USD s/kilo Please refer to the IMFPA PAYMENT TERMS: Payment of the monthly contract quantity in accordance with the terms of this Contract will be made at the end of delivery within a maximum of 3 days from the final inspection report issued by Buyer`s refinery. Payment is made by bank transfer (BWT) to the seller. PAYMENT GUARANTEE / BANKING INSTRUMENTS: In order to guarantee the payment of each delivery, the Buyer / The Buyer`s Bank undertakes to open an irrevocable «Good Execution», payment guarantee, which confirms the Buyer`s willingness to pay for each individual batch of Gold Dore ingots delivered monthly within a maximum period of 3 working days after the conclusion of the contract. The payment guarantee is an agreed banking instrument, i.e. blocked funds BG, SBLC or POF swift MT799. The buyer`s payment guarantee is active until the end of the contract (SPA). (WORDING MUST BE SUBMITTED BEFORE BEING SHIPPED BY SWIFT FOR APPROVAL BY THE SELLER`S BANK)) ALTERNATIVE CORPORATE BANK ACCOUNTS: Due to different banking regulations and practices around the world, different banking instruments are accepted by some banks in some countries and not accepted by others. The Department of Energy has chosen to use the following agreement for transactions with designated facilities for non-owner users. Since these transactions are widely used in the facilities of the Ministry, 9 sworn, signed and certified under the pain and penalties of perjury: SELLER: Full name: Passport N: Nationality: Date: Signature: Seal: BUYER: Full name: Passport N: Nationality: Date: Signature: Seal: FOR & IN THE NAME OF: FOR & IN THE NAME OF: End of the agreement Text Delivery schedule: The Buyer shall pay the full contractually agreed delivery amount from the Date of signature of this Agreement….