BANGLADESH JUTE GOODS STANDARD F.O.B CONTRACT FORM

(EFFECTIVE FROM 01-01-1989)

Contract No................. ...... Date :. (19)

Messrs: ……………………………………………………………………

Dear Sirs,

We have this day sold to you, subject to the conditions endorsed hereon, as follows:-

1. Specification …………………………………………………………………………………………………………

(a) Size /Quality* ……………………………………………………………………………………………..

(b) Weight / Spool Size* ………………………………………………………………………………………………

(c) Porter & Shot / Winding* ………………………………………………………………………………………….

(d) Hemmed or Unhemmed / Twist * ………………………………………………………………………………….

(e) Striped or plain /Oil Content * …………………………………………………………………………………….

(f) Sewing /Quality Ratio* …………………………………………………………………………………………….

(g) Other requirement, if any ………………………………………………………………………………………….

2. Packing, Make up ………………………………………………………………………………………………….

3. Quantity …………………………………………………………………………………………………………….

4. Quality at time of shipment guaranteed to be fair average Bangladesh standard make, weight, size, porter and shot, count …………………………………………………………………………………………………………………….

5. Price (F.O.B.) Ocean going vessel Chittagong / Mongla / Kamalapur, Dhaka (ICD)………………………………. …………………………………………………………………………………………………………………………. ………………………………………………………………………………………………………………………….

7. Destination, if known (a) Port: ……………………………………… (b) Country ……………………………….

8. Terms of payment : ………………………………………………………………………………………………… …………………………………………………………………………………………………………………………

9. Duties & charges, if any specifically mentioned & forming part of price as in item 5 above, any alterations therein at shipment time when shipment has. been delayed for reasons beyond seller's control to be on buyer's account.

Upon the terms and conditions as detailed on the reverse:

faithfully, Buyer's acceptance with seal Yours

Signature Confirmed

by

Name of the mill with seal (seller) * Applicable to yarn only This form has been approved by the Ministry of Jute on 19th December, 1988

TERMS AND CONDITIONS

l . The following terms whenever used in this contract shall respectively be deemed to have the meaning set forth in this paragraph:

(a) SHIPMENT TIME / MONTH - Between the first day of the month specified herein as the month of

shipment and the 10th day of the following month and /or shipment effected by a loader declared for that month from Bangladesh Ports whichever is later.

(b) DATE OF SALE - Unless Seller has stipulated otherwise in his. offer, the date on which Buyer transmits

order to and at price quoted by Seller or Seller's agent or the date on which Seller transmits his acceptance of Buyer's bid.

2. (a) Seller is not to be held nor shall be responsible for any delay in performance of this contract due to any of

the following causes affecting the manufacturing mill : Acts of God, war, mobilization, riots, civil commotion, force majeure, lockouts, labour disturbances, power failures, industrial disputes, strikes, fire, pestilence, damage or accident to the mills or its machinery, failure of goods, for reasons beyond Seller's neglect, fault or control, to be delivered on board overseas vessel where goods have been timely despatched from mill ;

cancellation or suspension of operation of shipping orders of freight contracts by Steamer companies under War Risk Clauses now or at any time hereafter incorporated in such orders or contracts ; or any other event or circumstances whatsoever beyond the control of the Seller whether due to or in consequence of any of the aforesaid causes or not (this to include delay in performance occasioned by fulfilment by manufacturing mill of any commitments where due dates or dates of such commitments', have been extended either directly or indirectly by reason of any of the causes and /or consequences above mentioned).

(b) In the event of a possibility of delay or failure in performance of this contract or any portion thereof by

Seller due to or as consequence of any of the aforementioned causes, Seller, immediately upon being informed of such possibility, shall notify Buyer by cable of the number of rolls/bales likely to be delayed and the cause or causes of the delay. Simultaneously, the Seller shall furnish the same information in writing to Bangladesh Jute - Mills Corporation . (BJMC) / Bangladesh Jute Mills Association (BJMA) / Bangladesh Jute Spinners Association (BJSA) as the case may be. The reason for such delay shall be duly certified by BJMC / BJMA / BJSA and such certificates must be sent by Seller to Buyer.

(c) On receipt of seller's cable under (b) herein, Buyer shall be entitled to indicate to Seller that he is not

prepared to extend the shipment time in which case, if Seller does not ship within seven days after the contract shipment time, the contract shall be deemed to be cancelled and Buyer shall have no claim against Seller in respect to the goods so cancelled.

(d) Buyer's election to cancel must be dispatched to Seller by cable thirty (30) days prior to shipment. time or

within seven (7) days ( Friday, Saturday and Sunday excluded) from receipt of Seller's cable notice under (b) herein, whichever date is later.

(e) If Buyer does not notify Seller in the manner setforth in (d) herein of his election to cancel, Buyer shall be

deemed to have agreed to extend contract shipment time by the number of calendar days corresponding to the period of delay and if the goods are shipped within this period, that is the original shipment time specified herein plus the number of calendar days corresponding to the period of delay, or if no overseas vessel is then available, if goods are shipped upon the first overseas vessel available thereafter, Buyer shall accept the same without allowance.

(f) To the extent that goods are not shipped as stipulated in (a) herein, Seller shall be liable to the provisions of

Clause 8 (a) and 8 (c) herein.

(g) If the Buyer has elected to accept delayed delivery, Seller shall notify Buyer by cable immediately of the

resumption of normal conditions and cessation of the causes and/or consequences responsible for the delay in performance.

3. (a) In all instances of delayed performance of this contract or any portion thereof by Seller due to or as a

consequence of any of the causes mentioned in clause 2 (a) in which the manufacturing mill is not affected, Seller shall be entitled to an extension of time for the performance of this contract for a period corresponding to the period of delay and Buyer shall accept all goods so affected without allowances as soon as they are ready and freight can be secured.