NO. THAILAND THlS CONTRACT MADE ON OCTOBER …export.ocsb.go.th/Portals/0/Upload/003/CONTACT/... ·...

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CONTRACT NO. RR-TRR-2012/02 FOR THAILAND WHITE SUGAR THlS CONTRACT MADE ON OCTOBER 5,2012 BETWEEN SlAM SUGAR MPORT CORPORATION LTD. (HEREINAFTER REFERRED TO AS THE SELLER) ON THE ONE PART. AND RAKSMEY RATANA IMPORT MPORT CO., LTD., # 23, STREET 205 SANGKAT TOUL SVAY P R N 2, KHAN CHAMKARMON. PHNOM PENH. CAMBODIA (HEREINAFTER REFERRED TO AS THE BUYER) ON THE OTHER PART. IT IS HEREBY AGREED THAT THE SELLER WlLL SELL AND THE BUYER WlLL BUY IN ACCORDANCE WlTH THE TERMS AND CONDITIONS STIPULATED HEREINAFTER. THE TERMS AND CONDITIONS HEREINBEFORE REFERRED TO 1. QUALITY : THAILAND WHITE SUGAR. 2. QUANTITY : 3,000 (THREE THOUSAND) METRIC TONS MINIMUM/MAXIMUM. 3. PACKING : IN NEW POLYLINED POLYPROPYLENEBAGS OF 50 KGS NET EACH. 4. SHIPMENT : 4.1 DURING OCTOBERlDECEMBER2012 AT THE BUYER'S OPTION. 4.2 PARTIAL SHIPMENT IS ALLOWED WlTH A MINIMUM OF 500.- METRIC TONS PER SHIPMENT. IF THE QUANTITY SHIPPED IS LESS THAN 500.- METRIC TONS, THE BUYER SHALL PAY AN EXTRA FEE OF US. DOLLARS 800.- (EIGHT HUNDRED) INCLUSIVE. THlS IS NOT APPLICABLE TO THE CONTRACT'S LAST SHIPMENT AND CONTRACT WlTH THE TOTAL QUANTITY LESS THAN 500.- METRIC TONS. 5. PRlCE : AT A UNIT PRICE OF US$580.00 (UNITED STATES DOLLARS FIVE HUNDRED AND EIGHTY ONLY) PER METRIC TON NET F.O.B. AND STOWED EX FACTORY AT SARABURI SUGAR CO., LTD., SARABURI PROVINCE. OTHER SPECIAL TERMS AND CONDITIONS PAYMENT : BUYER TO PAY 100% T/T REMITTAMCE BEFORE TAKING DATE 15 WORKING DAYS UPON RECEIPT OF AN INVOICE ISSUED BY SSEC TO KRUNG THAI BANK, AT SWIFT "KRTHTHBK", ATTN: IBC, SUANMALI, AIC NO. 153-1-25608-2 OF SlAM SUGAR SPORT CORPORATION LTD. Subject also to the General Terms and Conditions set forth on the reverse side hereof which form an integral part of this Contract. In the event of any discrepancy or inconsistency between the above Special Terms and Conditions and the General Terms and Conditions, the above Special Terms and Conditions shall prevail. CONFIRMED AND AGREED BY SlAM SUGAR W O R T CORPORATION LTD. FOR AND ON BEHALF OF RAKSMEY RATANA IMPORT EXPORT CO., LTD. \ (BUYER)

Transcript of NO. THAILAND THlS CONTRACT MADE ON OCTOBER …export.ocsb.go.th/Portals/0/Upload/003/CONTACT/... ·...

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CONTRACT NO. RR-TRR-2012/02 FOR THAILAND WHITE SUGAR

THlS CONTRACT MADE ON OCTOBER 5,2012 BETWEEN SlAM SUGAR MPORT CORPORATION LTD. (HEREINAFTER REFERRED TO AS THE SELLER) ON THE ONE PART. AND RAKSMEY RATANA IMPORT MPORT CO., LTD., # 23, STREET 205 SANGKAT TOUL SVAY P R N 2, KHAN CHAMKARMON. PHNOM PENH. CAMBODIA (HEREINAFTER REFERRED TO AS THE BUYER) ON THE OTHER PART.

IT IS HEREBY AGREED THAT THE SELLER WlLL SELL AND THE BUYER WlLL BUY IN ACCORDANCE WlTH THE TERMS AND CONDITIONS STIPULATED HEREINAFTER.

THE TERMS AND CONDITIONS HEREINBEFORE REFERRED TO

1. QUALITY : THAILAND WHITE SUGAR.

2. QUANTITY : 3,000 (THREE THOUSAND) METRIC TONS MINIMUM/MAXIMUM.

3. PACKING : IN NEW POLYLINED POLYPROPYLENE BAGS OF 50 KGS NET EACH.

4. SHIPMENT : 4.1 DURING OCTOBERlDECEMBER2012 AT THE BUYER'S OPTION.

4.2 PARTIAL SHIPMENT IS ALLOWED WlTH A MINIMUM OF 500.- METRIC TONS PER SHIPMENT. IF THE QUANTITY SHIPPED IS LESS THAN 500.- METRIC TONS, THE BUYER SHALL PAY AN EXTRA FEE OF US. DOLLARS 800.- (EIGHT HUNDRED) INCLUSIVE. THlS IS NOT APPLICABLE TO THE CONTRACT'S LAST SHIPMENT AND CONTRACT WlTH THE TOTAL QUANTITY LESS THAN 500.- METRIC TONS.

5. PRlCE : AT A UNIT PRICE OF US$580.00 (UNITED STATES DOLLARS FIVE HUNDRED AND EIGHTY ONLY) PER METRIC TON NET F.O.B. AND STOWED EX FACTORY AT SARABURI SUGAR CO., LTD., SARABURI PROVINCE.

OTHER SPECIAL TERMS AND CONDITIONS

PAYMENT : BUYER TO PAY 100% T/T REMITTAMCE BEFORE TAKING DATE 15 WORKING DAYS UPON RECEIPT OF AN INVOICE ISSUED BY SSEC TO KRUNG THAI BANK, AT SWIFT "KRTHTHBK", ATTN: IBC, SUANMALI, AIC NO. 153-1-25608-2 OF SlAM SUGAR SPORT CORPORATION LTD.

Subject also to the General Terms and Conditions set forth on the reverse side hereof which form an integral part of this Contract. In the event of any discrepancy or inconsistency between the above Special Terms and Conditions and the General Terms and Conditions, the above Special Terms and Conditions shall prevail.

CONFIRMED AND AGREED BY SlAM SUGAR W O R T CORPORATION LTD.

FOR AND ON BEHALF OF RAKSMEY RATANA IMPORT EXPORT CO., LTD.

\ (BUYER)

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' O E N E ~ L TERMS AND CONDlTlONS

8. DCLWRY 8.1 AT ONE OR TWO SAFE BERTHS AND/OR ANCHORAGE(S) AT BAN~KOK AND/OR TO COMPLETE LOADING AT SRlRACHA OR UEMCHABANG. OR AT THE SELLER'S DPllON, VESSEL SHALL PRESENT AT SRlRACHA AND/OR LAEMCHABANG WlTH LOADING PATE TO BE 1,000

. M m C T O N S PER WAMERWORWNG DAY OF 24 CONSECUTIM HOURS. IF LOADING CANNOT BE COMPLETED AT BANGKOK, SRIRACHA ANDIOR LAEMCHABANG. THEN THE SELLER SHALL COMPLETE LOL.DIffi AT KOHSlCHANG ATME SELLER'S WENS€. W E P T MkRJNE I N S U W E AS PROWDED INTHE INSURANCE CLAUSE OF THlS CONTRACT WITH LOADING RATE TO BE 750 M m C TONS PERMATHER W R U N G DAY OF 24 CONSECLlTlVE HOURS. . BY MUTUAL AGREEMENT OF M E BWER AND THE SELLER IF ONLY ONE PORT AT BANGKOK OR KOHSICHANG OR LAEMCHABANG OR SRIRACHA SHALL BE PRESENTED BY THE SELLER LOADING RATE. BY THE SAFE MIGHT LIFTING (SVK) WTIH NO LESS THAN 16 M m TONS OF SHIP'S GEARIN EACH HATCK SHALL BE 1.500 UETRJC TONS PER WEATHER WOmNG DAY OF 24 CONSE WTlVE HOURS

GEAALESS VESSEL(S) IS ACCEPTABLE PROVIDED THAT me BUYER SHALL EITMER PAY AN EXlRA FEE AT M E RATE TO BE MLITUALLY AGREED BY THE EWER AND THE SELLER OR BE

'RESPONSIBLE FOR ALL COSTSEWENSES PERTAINING TO DELMRY AND LOADING OF SUGAR M O THE VESSEL; LOADING RATE SHALL BE' l.500 METRJC TONS PER WEATHER WOPJUNG DAY.

ALL LOADING RATES AS MENllONED INTHIS CLAUSE CALCULATED ON GROSSWEIGM PROVIDED VESSEL CAN RECEIVE AT THESE RATES. BASIS 4 OR MORE HATCHES W H A MINIMUM OF ONE EFFICIENT WOWABLE SMPS GEAR M EACH HATCH BEHG AVAILABLE AT COMMENCEMENT OF LOADING WCEm IN THE CASE OF GEARLESS VESSEL IF LESS THAN FOUR HATCHES .ARE AVAILABLE. LOADING RATES TO BE REDUCED PRORATA. LOADING LAYnME SHALL BE RETAINED UNDER CLAUSE 6.6. 8 2 THE BWERTO GIVE M E SELLER MINIMUM 7 (SEWN) WORXlHG D A Y S M N , N O T I C E OF VESSEL'S ESTIMATED READINESS TO LOAD. TIME TO BE COUNTED SHALL BEGIN AT THE NOCT REGULAR .WORKING PERIOD M E R M E SELLER RECEIVED THE BWER'S VESSEL DECURATION I N ORDINARY OFFICE HOURS.

THE VESSEL DECLARATION MUTT FNCLUDETM FOLLOWING DETAILS. (LU MSSEL NAME AND ESIMATED TIME OF ARFPVAL. 6) DESTINATION. (C) NOTIFY PARTY. (4 DESCRIPTION OF SUGAR O WACT QUANTilY TO BE SHIPPED. (D PACKING. (0) OTHER INFORMATION REQUIRED BY THE MA1 WVERNMENl3 REGULATIONS, IF ANY. UPON M E SELLER'S AWANCE NOTIFICATIDNS

THE DECLARATION TO BE EFFECTIVE AFIERTHE UNRESTRICTED IRREVOCABLE L m E R (S) OF CREDIT AT SIGHT, OR M E Tfl OR SHNT PAYMENT IN CASE OF PAYMENT BY T/T.OR Wn: AS PER THE PAYMENT CLAUSE OF THIS CONTRACT. HAS BEEN DULY RECEIVED BY THE s a ~ & 6.3 THE B T E R SHML PROV..DE THE DESCRIPTION OF VESSEL(S), DEMURRAOOOESPATCH RATES AND ALSO ENDEAVOUR TO SUPPLY THE SELLER .WITH COW OF THE RELEVANT CHARTER PARTY AND TOTAL QUANTllY TO BE SHlFPED PRIOR TO THE TENDERING OF WTIEN NOTICE OF READINESS.

THF RUYFR SHAlL HAVE THE RlGHT TO SVBSTKLITE THE VESSEL DECLARED AND -- .. - . - -~ -

SUCH SUBS~UTION SHALL NOT BE CONSIDERED AS A NNY DECLARATION PROMDEO THAT M E SUB.STllUE MSSEL IS SUITABLE FOR M E LOADING AND CARNAGE OF SUGAR AT M E . . . - - - - - . . . - . - - -. -. . . - . . - - - PORT OF LOADING AND ALWAYS PROWDING THE SUBSTllLm0.N IS FOR THE SAME CARGO QUANTITY. THE BWER SHALL BE RESPONSIBLE FOR ANY PROVEN COSTS INCURRED BY THE SELLER BY REASON OF ANY SUBSTITUTION. SHOUD THE SUBSTITUX VESSEL ARRM BEFORE THE EWECTED TlME OF ARRIVAL OF M E ORIGINALLY DECLARED VESSEL THE NOTICE PERIOD EFFECTIVE FROM THE ORIGINAL DECLWTION SHALL APPLY.

SHIP.S HOLDS TO BE DDOURLESS AND FREE FROM INSECTS. PROPERLY'SWEPT, CLEANED AND DRIED TO M E SATISFACTION OF SHIPPER OR SHIPPERS AGENT BEFORE LOA~ING. SHIP'S HOLDS TO BE WASHED DOW ONLY IF CARGO MJUFUOUS TO SUGAR CAWED PREVIOUSLY. AND IF DONE. HOLDS TO BE COMPLETELY DRY BEFORE TENDERING VESSEL'S NOTICE OF REAMNESS. VESSEL'S WRlTTEN N0llCE:OF READINESS TO BE TENDERED IN ORDINARY OFFICE HOURS AND SllALL BE ACCEFTD AFTER SHIP'S HOLDS PROPERLY WPT, CLEANED AND DRIED TO THE SATISFACTION OF IdDEPENDENT SURbEYOR WETHER IN BERTH OR NOT. SHIP TO PROVIDE AND LAY SUFFICIENT DUNNAGE AND MAT OR WUFT PAPER. AND TO BE SO DUNNAGED SO AS TO EFFECTIVELY PROTECT AND PREVEMTHE BAGS COMING INTO CONTACT WITH THE EDGES OF BEAMS AND STFWGER PLATES. 8.6 AT EACH LOADING PORT, EVEN IF LOADING COMMENCES EARLIER LAYnME FDR LOADING TO BEGIN AT 1400 HOURS AFIER MUTTEN NOTICE OF READINESS HAS BEEN ACCEPTED IN ORDINARY OFFICE HOURS BEFORE NOON AND AT 0000 HOURS NEXT WORKJNG DAY IF NOTICE OF READINESS HAS BEEN ACCEPTED IN ORDINARY OFFICE HOURS OF , AFTERNOON, TlMC FROM NOON SATURDAYS TO 0000 HOURS MONDAYS AND-FROM 1700 HOURS DAY PRECEDING A HOLIDAY (OR LOCAL EQUIVALENG) UNTIL OBW HOURS N m REGULARWOFUUNG DAY EXCEPTED, EVEN IF USED.

LAYDAYS AT THE AVERAGE RATE AS STIPULATED IN CLAUSE 8.1 INCLUDING GEARLESS VESSEL CALCULATED ON GROSS WElGHTPROYlDEO MSSEL CAN RECEIVE AT SUCH RATE, PER WEATHERWFUUNG DAY OF 24 CONSECU~IM HOURS. nME FROM NOON SATURDAYS TO OEW H O W MONDAYS (OR LOCAL EOUNALENTS) AN0 FROM .1700 HOURS DAY PRECEDING A HOLIDAY UNTIL 0000 HOURS NEXT WOWING DAY EXCEPTED. EVEN IF USED. SHALL BE ALLOWED TO THE SAID B W E q FOR LOADING AND WAITING FOR ORDERS. TIME EMPLOYED IN

, SHIFTING ANCHORAGES ANWOR LOADING PLACES W H l N THE SAME PORT OR ITS Jl~RlSDlCTlON NOTTO COUNT AS LAYnME. AND SHIFrING W'ENSES TO BE FOR M E ACCWNT

AT LOADING PORT(S) IN m E MNT OF CONGESTION MASER HAS THE RIGHT TO TENDER NOTICE OF READINESS AT M E CUSTOMARY WAITING PLACE IN DRDINARY.0FFICE HOURS BY CABLE/TEL€XTO A G E m WHETHER IN BERTH OR NOT. WHETHER IN PORT OR NOT. WE~HER IN FREE P w n o u E OR NOT, WETHER CUSTOMS CLEARED OR NOT. TIME PROCEEDING FROM CUSTOMARY WAKING PLACE TO LOADING BERWANCHORAGE NOT TO COUNT AS LAYnME. IF THE LOADPORTSURVNOR IS UNABLE TO ATEND THE-VESSEL AT THE CUSTOMARY WAITING PLACE AND AFERVESSEL'S ARRIVAL AT LOADING BEWANCHORAGE m E MSSEL FAILS HER SURVEY. LA~MEJDEMURRAGE SHALL CEASE FROM SUCH FAILURE UNTIL THE VESSEL'S HOLDS ARE PASSED ACCORDINGLY. 8.6 THE BWER SHALL BE RESPONSIBLE FOR THE RELEASE OF THE BR TO M E SEUER AT LOADING PORT WITHIII WMY-FOUR HCURS OF COMPLEllON OF LOADING. SATURDAYS. SUNOAYS AND HOLIDAYS EXCEPTED THE BWER SHALL BE RESPONSIBLE FOR ANY PROVEN COSTS INCURRED BY M E SELLER BY REASON OF THE FAILURE, F SUCH DELAY IS NOT CAUSED BY m E SELLER 8.7 m E DEMURRAGE RATE SHALL BE ME RATE SPECIFIED IN ME CHARTER PARTY PURSUANl TO WHICH THE SUGAR IS CAWUED, AND DESPATCH SHALL BE HALF OF THE DEMURRAGE RATE SUCH RATES SHALL BE DECLAREO BY THE BWER TO THE SELLER LATEST ON VESSEL TENDCRINO NOTICE OF READINESS TO LOAD AND TO BE IN LINE WITH THE PREVAILING MARKET RATE FOR LIKE TYPE AND SIZE OF VESSEL BUT NEED TO BE ADHERED TO M E FOLLOWING CONDITIONS 1) IF SUMMER DEAD WEIGHT (SALT WATER) OF ME CMWED E s s n IS MORE THAN 3 6 . 0 ~

M. DEMURRAGE RATE TO BE W M U M USSPO.000 - PER DAY. n IF SUMMER DEAD WEIGHT FALT WATEQ OF THE CAPRED VESSEL IS B E M ~ N 25.001

TO 35.000 Mn; DEMURRAGE RATE TO BE W M U M UStl5.000.-PERDAY. 3) IF SUMhlER DEAD W I G M (SALT WATER] OF THE CARRIED VESSEL IS BETWEEN 16,001

TO 25,000 W, OEMUWGE RATE TO BE MAXMUM USI10,COO - PER DAY. B' IF SUMMER DEAD WEIGM(SALTWATER) OF M E CARQJED VESSEL IS OR LESS THAN

15,000 fNF, DEMURRAGE RATE TO BE MAXIMUM US15.000 - PER DAY. DEMURRAG~ESPATCH, SHML BE SEITLED AND PAID D l m c n Y BMYEEN THE BUYER

AND M E SELLER NOT LATERTHAN 60 DAYS AFKR R E DATE OF THE BILLS OF LADING. OR M E DATETEEN VESSEL SAILED OUT OF LASTLOADING PORT, WHICHEVER COMES FIRST. 6.8 IN CASE VESSEL HAS BEW CHARTERED ON C 0 D (CUSTOMARY OUICI< DESPATCH)

TFRMS wml NO MMURRAGE. THE BWER SHALL PAY USS0.75 PER METRlC TON FOR COMPENSATION OF DESPATCH MONCl IN UEU. THE AMOUNT TO BE INCLUDED IN THE COMMERCIAL INVOICE. Sd OTHER TERMS AND CONDmONS SUBJECT TO THE RULES OF SUGAR CHARTER PARTY 198Q..IN CASE OF ANY ALTERATION WRnl'EN OR TYPED ON THE FACE OF THlS CONTRACT, W l C H IS INCONSISlENT WlTH THE RULES OF SUOAR CHARTER PARM 1888, SUCH W P m N OR NPEO ALTERATIMI SHML ? W A I L 7. DESTINATION: WORLD DESTINATION. 8. SE'ITLEMEHT: 1 SHIPPING WIGHT, QUALIPI AM1 PACKIM) SHALL BE FINAL AS PER MDWENDENT SUPERVISION COMPANY ,CMFICATES AT THE SELLER'S CHOICE. ORAFT SURVEY RESULTS ARE NOT APPLICABLE IN THE fM ISSUANCE 8 4 THE. FINAL INVOICE SHALL BE MADE UPON THE SHIPPING WEIGHT AND IN ACCORDANCE WITH THE RULES OF THE REFINED SUGAR ASSOCIATION. 8.3 THE SELLER SHALL BE RESPONSIBLE FOR THE WIGHINO AND SAMPLMG OF THE SUGAR AT HIS EXPENSE AT M E PORT@) OF LOADING. THE BWER SHALL HAVE THE OPllON OF APPOINTING FOR HIS OW ACCOUNT.AREPRESENTATM TO SUPERVISE HIEIGHING, SAMPUNG AND LOADING OF THE SLGAR 8. I W S U W C C MARINE AND WAR RISK INSURANCE HCLUDMO M E RlSVS WHILE TRANSPOKE0 BY LIGHIERF] ATIAND FROM BANGKOK TWAT KOHSICHANG. SHALL BE EFFECTED BY THC BUYER W H FIRST CLASS INSURANCE COMPANIES N ACCORDANCE IMM

10.1 M E EWER SHALL ESTABLISH THROUGH FIRST CLASS OVERSEAS B A N W , ADVISED' TWIWGH THAI BANK19 IN BANGKOK UNRESTRICTED IRREVOCABLE L-IS) OF CREDIT AT SIGHT DlREcnY TO +HE SH~PPER NO? LATER THAN 7 (SEVEN) WOWNG DAYS'FROM RECEPT OF THE SELLER'S INSTRUCTION 10.2 PAYMENT FOR 100 % (ONE HUNDRED PERCEW INVOICE VALUE SHALL BE MADE AGAINST LEll€R(S) OF CREDIT AGAINST REQUIRED SHIPPING DOCUMENTS AS PER THE DOCUMENT CLAUSE OF THlS CONTRACT. OR: BY T / T O R M . 10.3 THE BWER SHML EFFECT ALL PAYMENTS BY TELEGRAPHIC TRANSFER OR SWIFI FROM BANK OUTSIDE THAIUND m THE SELLERS BANK ACCOUNT i~ THAILAND. THE BUYER MUST ADVISE THE SELLER OF EACH T/T OR SHllFT DATE WlTH A COPY OF T l l OR M F T W m l l m l n N - - . . . - - . - . . . 10.4 THE BWER SHALL EFFECT THE 100% PAYMENT OF EACH SHIPMENT AT LEAST 7 (SEVEN) W R U N G DAYS PFJOR TO THE LDADHG DATE OF EACH SHIPMENT. OR: BY C.AD. (CASH AGAINST DOCUMEW. 104 ANY BANWNG CHARGES OVTSlDE THAILAND FOR THE ABOYEMENTIONED PAYMENlS SHAU BE FOR THE ACCOUNT OF THE EWER 11. DOOUMCNl5 11.1 THE FOLLOWING ,BASK: DOCUMENTS ARE TO BE PRESENTED BY THE SEUER FOR PAYMENt 0 . A COMPLETE SET OF SIGNED CLEAN 'ON BOARD' BILL(9 OF LADINQ. (8) CERTIFICATE OF ORIGIN. (C) CERTIFICATE OF WEIGHT AND QUALITY. (D) COMMERCIAL INVOICE

.THE SELLER SHALL PROVDE ME EWER FREE OF CHARGE, W H NO MORE THAN THREE SETS PER SHIPMENT. EXTRA SETS OF SUCH DDCUMENE, IF REQU&TED BY THE EWER SHALL BE PROMDED ATTHE COSTTb THE BWER AT US$T5.00 PER SET. 112 THE EWER SAALL GNE ME SRLEq PRIDR TO TENDERING NOTICE OF READINESS, COPIES OF SUCH DOCUMENTS AND FORMS AS ARE REQUIRED BY, AND ARE ACCEPTABLE TO THE CUSTOMS AT PORT OF DESTINATION INCLUDING FULL DETAILS OF SUCH CONSULAR CERTlFlCATES AS ARE REQUIRED. lHE OF CREDlT AMENOMENT(9 FOR SUCH DOCUMENT REQUIREMENTS OF EACH SHIPMENT ,SHALL REACH THE SELLER PRIDR TO COMPLETION OF LOADING. 1 1 IN ADDITION p THE ABOVE WCUMENlS THE SEUER SHALL. IF REQUESTED NOT LATER THAN SEVEN DAYS PRIOR TO THE COMMENCEMENT OF LOADING OF THE VESSEL INCLUDE IN THE PRESENTATKIN FOR PAYMEKl OTHER DOCUMENTS CUSTOMAWY REQUIRED BY. AND ACCEPTABLE TO THE AUTHDWI~S M THE COUNT3 OF DESTINATION ANY SUCH ADDITIONAL DOCUMEtiTS REQUESTED W m l LESS THAN THE ABOVE NOTICE SHALL BE SUPPLIED BY THE SELLER AS SOON AS POSSIBLE BUT ABSENCE OF SUCH ADDITIONAL DOCUMENTS DUE TO SHORT NOTICE SHALL NOT PRECLUDE PAYMENF. H A IF REQUESTED BY M E BUYER. M E SELLER SHALL HAVE A* DDCUMENTS'REFERRED TO IN 11.1 0, (C) OR (D) ORIN 14.2 ABOVE MSAED IN ACCORDANCE WTri THE REQUIREMENTS OF THE COUNTRY OF DESTINATION ANY W S l S INCURRED IN OBTAINING ADDITIONAL DOCUMElC3 IN ACCORDANCE WITH 11.3 ABOM AND ANY VISA CHARGES SHAU BE FOR M E BWER'S ACCOUNT. M E SELLER SHALL NOT BE RESPONSIBLE IF. FOR REASONS BEYOND HIS CONROL.AW ADJlTlONAL DOCUMENTS REFERRCO TO IN.11.3 ABOVE OR ANY MSAS ARE

' UNOBTAINABLE AND INABILTY BY THE SELLERTO OBTAIN SUCH DOCUMENTS OR VISAS SHALL NOT PRECLUDE PAYMENT.

THE BWER AGREES TO PAY THE SELLER THE FOLLOWING FEES FOR ADDITIONAL DOCUMENE ISSUED BY AUTHENTICAED GOVERNMENT AUTHORTY ANWOR THAT ARE REQUIRED LABORATORY ANALYSIS: Al HEALTH CERTIFICATE AT USSJ00.00 PER SMPMENT: d) RADIOACTIVITY MEASUREMENT CERTIFICATE AT ussmw PER SET OF DOCUMENT. C) GSTP CEmlFICATC OF ONGlNlGSP CERTIFICATE OF ORIGIN FORM A AT USSZLOO PER

SET OF DOCUMENT. D) PHYTOSANITARY CERTIFICATE AT USltOO.00 PER SHIPMENT. El NON-GMO CERTIFICATE AT US$UI,OO PER SET OF DOCUMENT.

OTHER GENERAL DOCUMENTS OR CERTlFlCATES THAT ARE NOT REQURUI LABORATORY ANALYSIS ETRlER ISSUED BY THE SELLER OR THE MANUFACRlREq EACH OF DOCUMENT OR CERTIFICATE SHALL' BE PAID BY m E EWER AT US$ 20.00 PER SET OF DOCUMENT W H AN MCEPTlON OF RAOIOACTIVilY MEASUREMENT CERTIFICATE W l C H SHAU BE PAID AT US$ 50.00 PER SET OF DOCUMENT. THE ABOVE-MENTIONED FEES TO BE INCLUDED IN THE COMMERCIAL INVOICE. 11s m E SELLER SHALL PREPARE SHIPPING DOCUMENTS ON SIMILAR FORMS AS SOON AS SHIPMENT IS COMPLETED, BLlT HE SHOULD NOT BE HELD RESPONSIBLE FOR ANY DELAY, GWNG TO THE ABSENCE OF OR DISTANT LOCATION OF CONSULS FROM PORT OF SHIPMENT. 12 rnunow. I ANYTAXES OR LMES INTHE NATURE OF TAXES WICH ARE IMPOSED ON mls SUGAR BY TM COUNTRY OF DESTINATION AFFECTlNOTHlS CONTRACT. SHALL BE FORME ACCDUNl OF THE BWER 122 A W TAXES OR LMES IN ME NATURE OF TAXES WATSOEKR IMPOSED BY THE COUNTRl OF ORlGW AFFECTMG THIS CONTRACT. SHALL BE FOR THE ACCOUNT OF THE SELLER EXCEPT M CASE OF FREIGH~ TAX ON T ~ E OCEAN FREIGHT RATE. IF ANY. WICH SHALL BE FOR THE ACCOUNT OF THE BWER . r o R c e IYIAJEURE: THE PERFORMANCE OF THIS CONTRACT IS.SUBJECT TO FORCE MAJEURE AS DEFINED BY W E RULES OF THE REFINE0 SUGAR WSOCIATION. 14. ARBITRATION: ALL DISPmS APJSING OUT OF THlS CONTRACT ARE HEREBY SUBMITIED TO THE REFINED SUGARASSOCIATION FOR SmLEMENT IN ACCORDANCE WITH THE ARBrCWllON RULES OF THE REFINED SUGAR ASSOCIATION 16. 1.6A FEE: IF ANY. SHALL BE SHARED EQUALLY 50% BY THE BWER AND 50% BY THE SELLER 18. RULES: THIS CONTRACT IS SUBJECT m TM RULES OF THE REFINED SUGAR A3SOCIATION AS FULLY AS IF THE SAME HAD BEEN W K S S L Y INSERTED HEREIN, WHETHER OR NOT, E ~ E R OR BOM OF ME PARTIES ARE MEMBERS. OR ARE REPRESENTED BY A MEMBER ORMEMBERS OF M E REFINED SUGAR ASSOCIATION.

IN CASE OF AhPl ALTERATION WRITTEN OR TYPED ON THE.FACE OF M I S CONTRACT W l C H IS INCONSISTENT WITH THE RULES, SUCH WWlEN OR TYPED ALTERATION SHALL PREVAIL.