重油采购合同草案.doc

SALES AND PURCHASE AGREEMENT FUEL OIL MAZUT 100 GOST10585 75 燃料油重油燃料油重油 M100 75 购销合同购销合同 THIS AGREEMENT MADE AND ENTERED INTO ON November 20 2011 BY AND BETWEEN 本合约 合同 签立于2011 年11月20日 买卖双方为 Seller卖方 HEREIN AFTER CALLED THE SELLER 以下称为卖方 Company Name 公司名 Address 地址 Tel 电话 Fax 传真 Email 电子邮箱 web site 企业网址 Legal representative 法人代表 Business registration 企业工商登记号 Tax register number Ein 税务登记号 Russian exporters俄罗斯出口商 Company Name 公司名 Address 地址 Tel 电话 Fax 传真 Email 电子邮箱 web site 企业网址 Legal representative 法人代表 Business registration 企业工商登记号 Tax register number Ein 税务登记号 Enterprise code import and export 进出口企业 代码 Ministry of Energy司法部 Ministry of Justice能源部 Buyer 买方 HEREIN AFTER CALLED THE BUYER 以下称为买方 Company Name 公司名 Address 地址 Tel 电话 Fax 传真 Email 电子邮箱 web site 企业网址 Legal representative 法人代表 Business registration 企业工商登记号 Tax register number Ein 税务登记号 Enterprise code import and export 进出口企业 代码 Seller and buyer Hereinafter together shall be referred to as Parties or Party 买方和卖方双 方简称 伙伴 This Contract is made on this July 22th 2011and entered into and executed by and between the companies ALEXANDER OIL all concerned parties deem this Electronically Transmitted Contract enforceable after being amended and signed by the Buyer and Hard Copy of the Contract is requested by Buyer from the Seller 此合同包括26页 和10页附件 总数为36页 合同以英文书写 所有相关方认同电子传 送文件在修改并经双方签字后有效 26 2 The UCP 600 Rules shall apply to this contract as well as Incoterms 2000 as published by the International Chamber Of Commerce 此合同将采用UCP600以及由国际商会所发布的Incoterms 2000规定 26 3 By signing on the signature page the parties hereby enter into this agreement provided that the acceptance expiration date on the full corporate offer has not passed prior to signature 若接受公司报价的时间未超过其有效期限 在此签字的双方即为订定此合同 26 4 This contract as of November 20 2011will supersede of any previous agreement and or contract In witness whereof the parties hereto have executed this agreement on the day of November 20 2011 此合同于2011年11月20日签署 将取代任何以往的协议及 或合同 在见证下 双方在2011 年11月20日签订此合同 27 LEGAL ADDRESSES AND BANK DETAILS SELLER ADD Tel Tel Fax Email Bank Name Account Name Beneficiary Account No SWIFT Bank Officer Phone Fax Email WWW Bank Address BUYER Add Telephone Fax Represented by The code for import and export enterprise Bank Name Account Name Beneficiary Account No SWIFT Bank Officer Phone Fax Email WWW Bank Address SELLERBUYER Name Position Passport No Citizenship Name Position Passport No Citizenship APPENDIX NO 1 SPECIFICATIONS OF MAZUT M100 GOST 105 85 75 COMPONENTSRESULTS Ash content not more 0 14 Mass fraction of suplhur not more low suplhur residual oil 0 5 Temperature of the flash not less C In the closed crucible In the open crucible C 110 min 110 min 65 The temperature of solidification not higher C25 Kinematics viscosity118 max Water content0 5 Mechanical impuritiesLower than 0 1 AcidityLower than 5 mg KOH 100ml AlkalinityNil Gross Calorific Value Kcal kg KJ kgMin9700 41300 Density at 15 0 C Kg l0 8900 0 9200 Hydrogen Sulfide Content H2S pom0 5 max Carbon ResidualLower than 7 Vanadium V ppm23 Aluminium Al ppm5 Silikon Si ppm12 Nickel Ni ppm29 Asphaltenes m m3 6 Distillation 4 mm Hg Extracted to 760 mm Hg Initial Boiling Point C216 5 recovered C259 10 recovered C310 20 recovered C358 30 recovered C445 40 recovered C502 50 recovered C534 60 recovered C538 75 recovered C545 80 recovered C Date Date 90 recovered C Final Boiling point C550 Percent Recovered vol78 Residu vol22 Total Nitrogen m m0 192 Sodium Na ppm15 APPENDIX No 2 SCHEDULE OF DELIVERIES Proposed Shipping Lifting Schedule This Delivery Shipping lifting Schedule is to become an integral part of this contract before it is effective Provided however the parties may sign the contract and establish a shipping schedule as an integral part of this contract by mutual written agreement BUYER will have the option to change the designated discharge port provided that written notice is given to the SELLER at least thirty 30 calendar days prior to the ship s ETA at the former nominated and scheduled discharge port BUYER to provide destination by month 100 000 MT 5 per month X 12 months 1 200 000 MT 5 TOTAL MONTH YEAR 月月 年年 QUANTITY MONTH 数量数量 月月 DISCHARGE PORT 卸货港卸货港 NOV 2011150 000MT 5 ANY SAFE PORT OF CHINA DEC 2011150 000MT 5 ANY SAFE PORT OF CHINA JAN 2012100 000MT 5 ANY SAFE PORT OF CHINA FEB 2012150 000MT 5 ANY SAFE PORT OF CHINA MAR 2012150 000MT 5 ANY SAFE PORT OF CHINA APR 2012150 000MT 5 ANY SAFE PORT OF CHINA MAY 2012150 000MT 5 ANY SAFE PORT OF CHINA 100 000MT 5 ANY SAFE PORT OF CHINA 100 000MT 5 ANY SAFE PORT OF CHINA 100 000MT 5 ANY SAFE PORT OF CHINA 100 000MT 5 ANY SAFE PORT OF CHINA 100 000MT 5 ANY SAFE PORT OF CHINA TOTAL MT 总数量 36 000 000MT 5 Appendix No 3 Proof of Product Draft Proof of Product Draft SWIFT MESSEGE SENT VIA MT 799 Receiver SWIFT Transaction Reference Related ref Amount Value Date Text 20 Transaction Reference 1 79 Narrative ATTN MR Dear Sirs We confirm that Corporation is a valued customer of this bank with an authorized capital of and a paid up capital of and has maintained a well conducted current account We consider the corporation to be highly respectable and undoubted for their normal business engagements and that it is able to fulfill contractual obligation it enters into We Seller s Bank hereby confirm with full banking responsibility that our client is able and ready to deliver a total of 00 000 00 Metric Tons 5 percent of RUSSIAN MAZUT 100 GOST 105 85 75 to company We further confirm that our client has lodged with us the following documents 1 Supply for RUSSIAN MAZUT M100 GOST 105 85 75 confirming ability to deliver the quantity 500 000 Metric Ton 5 per month for 12 Months a total of 6 million tons 2 Export License issued by the ministry of energy 3 approval to export issued by the ministry of justice 4 statement of availability of the product 5 the refinery commitment to produce the product 6 Transportation agreements confirming the capability to deliver the contracted quantity to the loading port Vladivostok between various expeditors and the Seller 7 storage transshipment and loading of contracted quantity of Goods at the loading port Vladivostok Russian Far East Storage Tank Receipt The validity of the present Proof of Product is days Sincerely Bank Officer BANK SEAL CHOP Appendix No 4 Performance Bond To Date xx 2008 Advised through Mr XXXX Fm XXXXXX Bank Dears Sirs Our irrevocable Letter of Guarantee No With reference of the contract No hereinafter referred to as the Contract signed between you and hereinafter referred as the applicant for and at the request of the applicant We XXXXXX Bank hereby irrevocably issue this independent L C in your favor up to maximum amount of say only hereinafter referred to as the guaranteed amount covering 2 percent of the contract price L C amount We undertake to pay you the claimed amount within 7 banking days upon receipt of your written demand stating that the applicant has failed to perform his obligations under the Contract provided that the aggregate of all claims does not exceed the guaranteed amount The guaranteed amount shall automatically and proportionally reduce according to the progress of the contract which is evidenced by our receipt of the document s from you Unless expressly consented to by us in writing any modification amendment or alteration of the Contract shall relieve our obligation under this L C Unless expressly consented to by us in writing this L C is not transferable or assignable The formation validity interpretation performance termination or dispute resolution with respect to this L G shall be governed and construed under the laws of the People s Republic of China The courts of the People s Republic of China shall govern any disputes or claim arising out of or in relation to this L C This L C is not operative until we receive an irrevocable L C from the buyer s bank Our liability under this guarantee will expire upon receipt of the BUYER S written declaration that the CONTRACTER SELLER has fulfilled all its obligations under the CONTRACT or at the latest it expires on mm dd yy Any claim should reach our counter on or before that day Upon expiry this L C shall automatically become null and void and be cancelled whether it is returned to us or not Except expressly stated herein this L C is subject to URDG458 Seller s Bank Address Tel Fax S W I F T Code Name of Bank Officer Title Appendix No 5 DL C Appendix No 6 DOCUMENTARY LETTER OF CREDIT From buyer s bank To seller s bank We hereby issue our irrevocable non transferable revolving notification and documentary letter of credit no as follows Date of issue Expiry date and place Applicant buyer s name Beneficiary name and address Currency US DOLLAR Amount USD 5 Partial shipment not allowed Transshipment not allowed For transportation to Shandong Longkou Port or buyer s nominated other china port Latest shipment within 30 days from the date of issue Description of goods or service all details are as per contract no dated Payment details 100 at sight Documents required 1 3 original and 3 duly made copies of seller s signed commercial invoice 2 full set 3 3 of original clean on board ocean bills of lading made out to order of the L C and blank endorsed marked freight prepaid notifying the applicant 3 1original and 3 duly made copies of certificate of quantity and quality issued by SGS at the loading port 4 1original and 3 duly made copies of certificate of origin issued by chamber of commerce 5 1original and 3 duly made copies of marine insurance policy for 110 of the total CIF value covering ocean marine transportation all the risks war risks strike risks and a bulk oil shortage exceeding 0 5 from the total quantity ship pen showing any claim related to this insurance payable in the currency of invoice and in the place of Guangzhou city china 6 1original and 3 duly made copies of certificate of quality and quantity issued by SGS or CIQ after the vessel arrived at the destination port ADITIONAL CONDITIONS UPON receipt of Buyer s Pre Advised L C beneficiary must provide the whole information of POP and issued 2 Non Operative Performance Bond to activate the L C The PB shall be returned to seller after fulfillment of contract The PB shall be provided as a bank guarantee and issued in favor of applicant and this L C be operative when the PB is issued upon expiry or utilization this performance bond must be forward to issuing bank and must make reference to this L C The quantity and quality for settlement is based on quant