Production Name

THE COMMODITY SHALL BE CORRESPONDING AS PER INSPECTION CERTIFICATE ISSUED BY SGS OR COMPATIBLE WORLD CLASS INSPECTION ORGANIZATION AT PORT OF LOADING AND CERTIFICATE OF ANALYSIS ISSUED BY A WORLD-CLASS TESTING LABORATORY CONFIRMING THAT THE COMMODITY MEETS THE FOLLOWING TERMS:

PRODUCT, GRADE, EMPERICAL FORMULA & GRADES OF PURITY UREA CARBAMIDE, CARBONYLDIAMIDE, PRILLED, GOST 2081-92, MARK “B”, H2N-CO-NH2, TECHNICAL, CP, FERTILIZER (46%N)

Guaranteed Specification

-       NITROGEN 46.0%(±1%) BY WEIGHT MIN

-       MOISTURE 0.5% FISHER METHOD

-       BIURET 1% MAX BY WEIGHT

-       ANTI-CAKING AGENT 0.5% MAX

-       FREE AMMONIA 160PXT, PPM MAX

-       GRANULATION 1-4MM; 90% MIN DIMENSION LESS THAN 1MM

-       MELTING POINT 132˚C (DEGREES CELSIUS)

-       COLOR PURE WHITE PRILLED-TYPE

-       TREATED AGAINST ANTI-CAKING; 100% FREE FLOWING AND FREE FROM HARMFUL SUBSTANCES AND CERTIFIED NON-RADIOACTIVE

Origin

RUSSIAN FEDERATION, UKRAINE, CIS COUNTRIES OR SELLER’S OPTION

Packing

UREA IS PACKED IN NEW,STRONG AND SUITABLE FOR ROUGH HANDLING AND SEA TRANSPORTATION WOVEN PP BAGS OUTER PLUS PE INNER LINER BAGS OF 50KGS NET/50.2KGS GROSS EACH BAG.TWO(2) PERCENT SPARE EMPTY BAGS TO BE SUPPLIED FREE OF CHARGE WITH EACH SHIPMENT

ALL BAGS TO BE MARKED WITH 7LINES OF BLACK INK COLOR CHARACTERS.IN THE BUYER DEMANDED TO CHANGE THE FOLLOWING WORDS, THE SELLER SHOULD BE REPLACE WITH IT.

l   Urea

l   46 PCT NITROGEN (+/-1%)

l   1 PCT BIURET MAX

l   0.5 PCT MOISTURE MAX

l   50KGS NET

l   USE NO HOOKS

l   PRODUCT OF RUSSIA/UKRAINE

Basis of Delivery

THE DATE OF THE BILL OF LADING SHALL BE CONSIDERED THE DATE OF LIFTING AND SHIPMENT.

Weight, Quality & Inspection

SOCIETE GENERALE DE SURVEILLANCE (SGS) AT SELLER’S COST SHALL INSPECT COMMODITY AT THE PLACE OF LOADING, SGS SHALL ISSUE AN INSPECTION CERTIFICATE OF QUALITY AND QUANTITY FOR THE SHIPMENT TO CERTIFY THAT THE GOODS ARE IN GOOD ORDER AND CONDITION AND BEING CONFORM TO THE SPECIFICATIONS HEREIN STATED. SELLER MUST ALSO PROVIDE A CERTIFICATE OF ANALYSIS OF QUALITY FOR THE SHIPMENT TO CERTIFY THAT THE GOODS ARE WITHIN BUYER’S SPECIFICATION.

Price & Inco terms

PRICE  USDXXX PER METRIC TON

CONTRACT VALUE USD XXXXX

INCOTERMS CIF (COST, INSURANCE & FREIGHT) TO PHILIPPINES

Product Availability

READY FOR SHIPMENT WITHIN 50 DAYS UPON THE OPENING OF THE BUYER’S FINANCIAL INSTRUMENT AT SELLER’S BANK

Terms of Payment

BY IRREVOCABLE, NON-TRANSFERRABLE, CONFIRMED 100% OPERATIVE LETTER OF CREDIT 120DAYS, AND IT MUST BE CONFIRMED BY ONE OF THE TOP 50BANKS IN THE WORLD  BUYER’S L/C WILL ACTIVATE NON-OPERATIVE 2% PERFORMANCE BOND AUTOMATICALLY

THE CONFIRM BANK SHOULD BE ONE OF THE TOP 50 BANKS IN THE WORLD.

ALL BANK CHARGES WITHIN THE PHILIPPINE WILL BE FOR BUYER’S BANK ACCOUNT. ALL CHARGES OUTSIDE THE PHILIPPINES IS FOR SELLER’S ACCOUNT. AMENDMENT CHARGES WILL BE AT FAULTY PARTY’S ACCOUNT.

Letter of Credit Terms

PARTIAL SHIPMENTS AND TRANSSHIPMENT ARE NOT ALLOWED.

Performance Bond

THE SELLER SHALL POST A PERFORMANCE BOND FOR TWO PER CENT (2%) TO BUYER AFTER RECEIVED THE PRE-ADVICE OF THE LETTER OF CREDIT FROM BUYER’S BANK.  BUYER’S L/C WILL ACTIVATE NON-OPERATIVE 2% PERFORMANCE BOND AUTOMATICALLY

Product Documentation

A FULL SET OF THE FOLLOWING DOCUMENTS WILL BE ISSUED IN THREE (3) ORIGINAL & THREE (3) NON-NEGOTIABLE COPIES

l   COMMERCIAL INVOICE商业发票

l   OCEAN BILL OF LADING ,MARKED ”FREIGHT PREPAID”

l   CERTIFICATE OF WEIGHT AND QUALITY ISSUED BY SGS

l   CERTIFICATE OF ORIGIN ISSUED BY OR ENDORSED BY CHAMBER OF COMMERCE OF THE COUNTRY OF ORIGIN

l   INSURANCE POLICY/CERTIFICATE IN ONE ORIGINAL AND THREE COPIES BLANK

l   ENDORSED FOR 110% OF THE INVOICE VALUE COVERING: ALL RISK AND WAR RISK.

Product Insurance

SELLER SHALL PROVIDE 110% INSURANCE COST  COVERING ALL RISK AND ALL WAR.

Other Contract Conditions

ALL SUPERVISION, FEES AND LEVIES AT THE PORT OF LOADING ARE FOR SELLER’S ACCOUNT.

NOT LATER THAN SEVENTY TWO (72) HOURS FROM THE COMPLETION OF LOADING, THE SELLER’S AGENT SHALL TELEX, FAX, EMAIL OR CABLE THE BUYER AND INFORM THEM OF THE VESSEL’S SHIPPING DATE AND EXPECTED TIME OF ARRIVAL AT THE PORT OF DESTINATION. SELLER SHALL ALSO INFORM THE BUYER OF THE VESSEL’S NAME, VESSEL’S CAPACITY, NUMBER OF HATCHES, NUMBER OF CARGO AND PARTICULARS OF THE VESSEL’S READINESS TO EFFECT OPERATIONS THROUGH ALL HATCHES, AT COMPLETION OF LOADING, THE SELLER SHALL NOTIFY THE BUYER OF QUANTITY LOADED PER CHAMBER AND THE QUANTITY SHIPPED.

Contract Procedures

1.      SELLER ISSUES FCO FOR BUYER’S ACCEPTANCE. BUYER SIGNS THIS FCO AS ACCEPTANCE OF THE OFFER

2.      SELLER ISSUES DRAFT CONTRACT FOR BUYER TO REVIEW AND SIGN. BUYER SIGNS AND RETURNS THE CONTRACT TO SELLER.

3.      SELLER SIGNS AND SENDS TO BUYER 4 SETS OF HARD COPIES OF THE FINAL CONTRACT.

4.      THE BUYER SHOULD ISSUE PREADVICE OF THE L/C TO SELLER WHTHIN 7 DAYS AFTER THE CONTRACT SIGNED BY BOTH SELLER AND BUYER, AND AFTER THE SELLER RECEIVED THE PREADVICE OF THE L/C, THE SELLER ISSUES 2% NON-OPERATIVE PERFORMANCE BOND IN 7 BANKING DAYS TO BUYER’S BANK. BUYER OPEN DLC TO SELLER’S BANK WITHIN 7 BANKING DAYS TO ACTIVE THE NON-OPERATIVE PERFORMANCE BOND AUTOMATICALLY. AND START ON SHIPPING.

5.      SELLER WILL START SHIPPING.

Governing Law

IF ANY DISPUTE ARISES OUT OF THIS CONTRACT, THE TWO PARTIES AGREE TO TRY THEIR UTMOST TO SOLVE IT BY FRIENDLY NEGOTIATION IF THE DISPUTE PROVES IMPOSSIBLE TO SETTLE, ALL DISPUTES ARISING OUT OF OR IN CONNECTION WITH THE PRESENT CONTRACT SHALL BE FINALLY SETTLED UNDER THE RULES OF ARBITRATION OF THE INTERNATIONAL CHAMBER OF COMMERCE + THE DISPUTED MATTER WILL BE SUBJECT TO ARBITRATION BY AN ARBITRATOR IN HONGKONG UNDER ICC RULES AND REGULATIONS. THE LOSING PARTY WILL PAY THE ARBITRATION FEE IT IS UNDERSTOOD THAT IN THE EVENT OF DISPUTE OR ARBITRATION, ENGLISH SHALL PREVAIL THE AWARD OF THE ARBITRATOR SHALL BE FINAL AND BINDING FOR BOTH PARTIES.