SALES & PURCHASE CONTRACT
Contract No : 20100308
This Contract is made and entered into this 08th of March, 2010 and valid unless signed by both parties
BY AND BETWEEN:
THE SELLER : HEREAFTER KNOWN AS THE PRINCIPAL SELLER : COMPANY NAME : AK ENERGY SYS & SOLAR ENERGY SYS. CO.
ADDRESS : 30th Street Nu:8/9 35050 Bornova-Izmir/TURKEY
TELEPHONE:
FAX :
E-MAIL :
AND
THE BUYER : HEREAFTER KNOWN AS THE PRINCIPAL BUYER :
COMPANY NAME :
ADDRESS :
TELEPHONE:
FAX :
E-MAIL :
WHEREAS the Seller and Buyer, each with full corporate authority, certifies, represents and warrants that each can fulfill the requirements of this contract and respectively provide the products and the funds referred to herein, in time and under the terms agreed to hereinafter; and whereas the Seller hereby agrees and makes an irrevocable firm contract to sell and whereas the Buyer hereby agrees and makes an irrevocable firm contract to purchase Copper Cathode (Electrolytic Copper Cathodes, Grade A) 99.99-99,96%, Non-LME registered, whereas the Seller and Buyer both agree to finalize this contract under the terms and conditions, it is therefore agreed as follows:
1. OBJECT :
1.1 The Seller and the Buyer herewith purchase in accordance with the specifications and quality described
in this contract (hereinafter called “Goods”)
1.2 The Specification of the goods is provided in Appendix No.2 hereto.
2. DELIVERY BASIS AND TERMS :
2.1 The Seller shall deliver the goods under CIF Term.
2.2 Loading Port : Dar Es Salaam Port, Tanzania.
2.3 Discharging port : .....Incheon Port/ South Korea
2.4 Origin : Ghana
3. QUANTITY OF GOODS :
3.1 The unit of measurement in this contract is metric tons of weight (MTW).
3.2 The total quantity to be delivered : 500metric tons as trial and first shipment per month for 12
months ,2th month to 12 month 1,000MT per month.
3.3 The quantity and quality of goods will be re-confirmed from a certificate issued by the independent
international survey company in ......................................port/ South Korea unloading port by SGS/OTHER ACCREDITED INDEPENDENT INSPECTION INSTITUTE apart from Alfred Knight/ SGS or other accredited independent inspection agency, at LOADING port in Dar Es Salaam Port, Tanzania on Seller’s expense s. The survey reports by SGS/OTHER ACCREDITED INDEPENDENT INSPECTION INSTITUTE in destination port shall be binding on both Parties. 3.4 Weight for invoicing purposes shall be established by the actual net weight. Weight franchise of
+/-0.2% shall be allowed against Bill of Lading weight. In case short/over weight exceeds +/-0.2% the Seller/Buyer shall compensate Buyer/Seller for the amount excluding the franchise on the basis of contracted price.
4. QUALITY OF GOODS :
4.1 The product subject of this contract is Copper Cathodes (Electrolytic Copper Grade A) LME standards
at a Cu purity of 99.99-99,96% min, as more fully described hereafter at specification attached.
* After SGS/OTHER ACCREDITED INDEPENDENT INSPECTION at destination port, the CU
purity below 99.96%, the entire consignment shall be rejected by the Buyer.
4.2 The goods shall conform to specification in appendix No.2 hereto.
4.3 The quality of the goods will be re-confirmed at port of unloading in ...................................... port/
South Korea by certificates issued by SGS/OTHER ACCREDITED INDEPENDENT INSPECTION INSTITUTE apart from the survey company of Alfred Knight, SGS or equivalent independent inspection agency at the loading port in Dar Es Salaam Port, Tanzania. The survey reports issued by SGS/OTHER ACCREDITED INDEPENDENT INSPECTION INSTITUTE ...................................... port/ South Korea which shall be binding on both parties in all respects, including but not limited to the replacement of faulty goods paid for by the Seller.
4.4 The inspection fees in ...................................... port/ South Korea for both Quality and Quantity shall
be borne by Seller.
5. PRICE AND TOTAL AMOUNT OF THE CONTRACT :
5.1 The Total amount of this Contract is about LME - %9
5.2 The document Letter of Credit amount LME - %9 per Metric tons.
5.3 The price of copper cathodes 99.99-99,96% min. agreed upon MT for CIF ASWP based on the day
when SGS/OTHER ACCREDITED INDEPENDENT INSPECTION INSTITUTE conducting the survey.
6. DELIVERY ACCEPTANCE OF GOODS :
6.1 Delivery and acceptance of the goods is executed in accordance with the instrument of the present
contract and specifications as stipulated in Appendix No.1.
6.2 The quality of the goods delivered under the present contract is indicated in the certificate of Quality
issued by the International independent Laboratory at the loading port, subject to re-confirmation by SGS/OTHER ACCREDITED INDEPENDENT INSPECTION INSTITUTE at ...................................... port/ South Korea UNLOADING port.
6.3 The quantity of the goods delivered by the Seller and accepted by the Buyer is determined as the
quantity indicated in the Bill of Lading and in accordance with the methods and standards accepted at the loading port, subject to re-confirmation by SGS/OTHER ACCREDITED INDEPENDENT INSPECTION INSTITUTE at UNLOADING port for each shipment.
6.4 The quantity stated in the Bill of Lading, is to be considered final and binding upon both parties,
subject to Re-Confirmation by SGS/OTHER ACCREDITED INDEPENDENT INSPECTION INSTITUTE at UNLOADING port for each shipment.
6.5 Payment for the inspection at the loading port shall be effected at the expense of the Seller.
6.6 Date of delivery of the Goods is the date of issue of the Bill of lading.
6.7 The quality and quantity of the goods stated in the Bill of Lading, and/or WR (Where permitted) shall
be conclusive evidence of the quality and quantity of the goods delivered, subject to re-confirmation by SGS/OTHER ACCREDITED INDEPENDENT INSPECTION INSTITUTE at UNLOADING port for each shipment.
7. DELIVERY TERMS AND PARTIES OBLIGATIONS :
7.1 The Seller shall deliver the total quantity of 500 MT +/- 5 % per month for 12 months ,2th month to 12
month 1,000MT per month.