PROEDURE & RULESnlcsinternational.com/wp-content/uploads/2020/01/... · 2020-01-30 · uyer and...

20
PROCEDURE & RULES

Transcript of PROEDURE & RULESnlcsinternational.com/wp-content/uploads/2020/01/... · 2020-01-30 · uyer and...

PROCEDURE & RULES

Procedure for Chicken, Beef and pork

1: Buyer /or Broker send LOI

2: We send SPA

3: Signed spa must be returned to us completed and signed with

buyer’s copy of passport

4: We send pro forma invoice

5: The buyer sends us a Draft LC100% transferable to be checked by

our bank

6: We do the agreement for quantity with the main factory

7: We inform the buyer that the agreement is done with the factory

8: Buyer will issue LC100% Transferable bank to bank

9: We pay the factory

10: Factory begins the process for shipment

11: Buyer will issue payment by LC every month according to instruc-

tions on the SPA.

We don’t give :

2% PB, Pictures, Video or any other documents not

mentioned on the SPA, No visits allowed in factory but

we allowed visits in Malta to meet us IN PERSON.

PROCEDURE:

SELLER INFORMATION:

PAP PLUS LTD AND FAIR IMPEX FOODSTUFF TRADING LLC

Registration Number:

PAP PLUS LTD VAT MT 2021 6001 / FAIR IMPEX LIC: 809242

Mailing Address

PAP PLUS LTD. UNIQ 115A , VALLEY ROAD MSIDA MALTA

Represented by:

PATRICK SCHEMBRI FINANCIAL DIRECTOR

Passport No MLT 1201698

Phone / Fax +356 79604324

E-mail [email protected]

BANK DETTAILS

EMIRATES NBD BANK

12TH FLOOR,BLUE BAY TOWER.AL.ABRAY STREET,DUBAI UAE

Account Name FAIR IMPEX FOODSTUFF TRADING LLC

Account Number: 1025460034802

SWIFT: EBILAEAD

Bank Officer PLEASE ADVICE NLCS INTERNATIONAL

E-mail: / phone [email protected] / +356 79736657

FAIR IMPEX F00D STUFF

TRADING—DUBAI

MR ABDUL REHMAN

OUR PARTNER THAT HE IS

RESPONSABILE TO MANAGE

LC AND MONEY FROM DUBAI

BANK

PAP PLUS MALTA LTD

MR PATRICK SCHEMBRI

FINANCIAL DIRECTOR

WITH OTHER PARNERS

MR JEFFREY MUSCAT

MR PIERRE CALLEJA

ADMINISTRATION

(1) The Parties confirm that each is fully empowered, legally quali-

fied, and duly authorized to execute and deliver this document,

and to be bound by its terms and conditions.

(2) The Parties hereby warrant and declare that all funds applied in

the conduct of this transaction are good, clear, clean authentic,

legally earned and of non-criminal origin.

(3) The Parties hereby warrant and declare that the transaction and

contract are not entered into in order to facilitate and advance

terrorist activities, drug trafficking and/or illegal arms dealings.

(4) The Parties have by mutual request to each other reached agree-

ment for the purchase and sale of specified commodities.

ARTICLE 1: PRODUCTS

1- FROZEN CHICKEN PARTS / BEEF / PORK

ARTICLE 2: PRODUCT ORIGIN:

Brazil (Certification and Accreditation Administration of P.R. China Al-

low Entry) SIF 87,103, 121, 2014, BRF FOOD

ARTICLE 3: PACKING & MARKINGS:

PACKAGING 15 / 20 Kgs BOXES WITH INNER BAG / EXPORT CARTON

ARTICLE 4: LOADING POINT:

SANTOS or PARANAGUA port of Brazil

ARTICLE 5: PRODUCT PRICE & CONTRACT VALUE:

UNIT PRICE - AS WE AGREED

ARTICLE 6: POINT OF DELIVERY & INCOTERMS 2010:

The delivery shall be performed by Seller after receiving the LC issued

by buyer maximum after 45 days. CIF Incoterms 2010. The products

shall be shipped to its destination at ANY PORT OF MAINLAND CHINA

and quantity details as per Article 1. Delivery in refrigerated contain-

ers and order will arrived in exact conditions as shipped to port of

destination, from loading port in Brazil.

ARTICLE 7: SPECIFICATIONS : CHICKEN

QUALITY: GRADE A

Paws Weight: 30-45g above per piece

Length: 10-15 cm

MJW Weight: 30-45g above per piece

Feet Weight: 30-45g above per piece

Frozen Process: IQF (INDIVIDUAL QUICK FROZEN)

Product appearance:

100% Fresh and Frozen

No yellow skin

No feathers

No black pads or ammonia burns

No blood

No Bruise

No Chemical burns

Outer Hard nail Removed

Ice Content lest than 0.3%

No bad smell

No black spots

No excess wáter

No Broken bones

Moisture less than 3%

All Cartoons and Plastic Bags must show SIF Number.

Frozen Requirements: storage at minus 18-20 degrees Celsius.

Packaging: Vacuum Packing Specifications:

Carton (10 to 20 Kilograms)

PACKAGING:

THE PRODUCT WILL BE PACKED in 2*10 or 5*4 Kg vacuumed pp bags

in 20Kg big carton. Net weight of 20Kg per carton with a gross weight

of 20.4 Kg per carton. Cartons will be shrinking wrapped. THE TOTAL

FROZEN CHICKEN TONS USING 40 FT HIGH-Q REFRIGERATED CON-

TAINERS will be 27mt +/- 2% when loaded. The packing shall be in ac-

cordance with inspection requirements for import packing material

of Entry-Exit inspection and Quarantine Bureau of China. THE CAR-

TON LABEL will be in standard international format with labels ac-

cepted by China authorities and China customs for Frozen Poultry 6

hallmark.

SPECIFICATIONS FOR PORK:

QUALITY: GRADE A Well Dressed and Cleaned With or Without Head and Hooves No Fur No Bad Smell No Blood No Bruise

No Chemical Burn

Broken Bones less than 1%

Moisture less than 3% & No Yellow skin

Freezing Process:

(INDIVIDUAL QUICK FROZEN) :

Storage -40 Celsius Degree Temperature Transportation – 18 Celsius

Packing Protected in Cellophane bags and place 40FCL

Weight 28-43 kg

Belly Fat 5-7 centimitres

Shelf life 24 months

The packing shall be in accordance with inspection require-ments for import packing material of Entry-Exit inspection and Quarantine Bureau of China.

SPECIFICATIONS: HALAL BEEF

QUALITY: GRADE A HALAL

Well Dressed and Cleaned

No Fur

No Bad Smell

No Blood

No Bruise

No Chemical Burn

Broken Bones less than 1%

Moisture less than 3% & No Yellow skin

Freezing Process: IQF(INDIVIDUAL QUICK FROZEN) : Storage -40 Celsius Degree Temperature Transportation – 18 Celsius

Packing Protected in Cellophane bags and place 40FCL

Weight 40-63 kg

Shelf life 24 months

The packing shall be in accordance with inspection require-ments for import packing material of Entry-Exit inspection and Quarantine Bureau of China.

ARTICLE 8: DELIVERIES

Delivery shall be made by 40ft containers. Shipments shall commence According to the buyer's official order and his de-mand by email or by fax and will take thirty as Maximum working days to arrive the destination ports.

ARTICLE 9: INSPECTIONS, TRANSPORTATION, WEIGHT AND QUALITY

i. Inspection will be carried out by Bureau Veritas (BV) at the Port of Loading and the costs shall be on the account of the seller.

ii. Cost, insurance and freight. The seller delivers the goods at the agreed port of landing. The seller must pay the costs and freight necessary to conduct the goods to the agreed port of destination in accordance with the CIF conditions; the seller must also purchase a marine insurance for the risks of the buyer of loss or damage of the goods during the transport.

iii. The term CIF requires the Seller to clear the goods for ex-port

ARTICLE 10: PAYMENTS & INSTRUCTIONS PAYMENT TERMS:

• CONTRACT: Terms of Payment: by a Transferable, Irrevoca-ble Confirmed Documentary LC 100% at Sight via MT 700/701 payable within five (5) banking days of Buyer’s Bank receiving Original Shipping Documents from Seller’s Bank.

• This documentation shall be sent through the Seller to the Buyer.

• The signature of this contract, all bank instruments will be governed and interpreted according to the legislation of the country of the issuing bank and issued according to the rules, regulations and practices established by Inter-national Chamber os Commerce (ICC), & UCP-600. Last edition.

ARTICLE 11: DESTINATION PORT:

ANY PORT OF MAINLAND CHINA

ARTICLE 12: GOVERNING LAW & ARBITRATION

This Agreement is intended to conform to the terms and con-ditions outlined in INCOTERMS 2000 and its latest revisions (2010) and to the legal standards and principles of the Interna-tional Chamber of Commerce (I.C.C. 619) San Francisco, U.S

which Chamber is recognized as the agency establishing the jurisprudence respecting matters of international commerce. All disputes arising in relation with this sales Contract or the execution thereof shall be settled by way of amicable negotia-tion. In case no settlement can be reached, the case at issue shall then be submitted for arbitration. The award by the said arbitration shall be deemed as final and binding upon both parties. The arbitration fee and other charges shall be borne by the losing party unless otherwise agreed

ARTICLE 13: BUSINESS PROCEDURES

Buyer and Seller discuss and negotiate final terms and condi-tions on Sales and Purchase Agreement.

1) Buyer confirms Draft contract for Seller’s review.

2) Seller initials on every page, prints, signs, and seals and re-turns the contract to the buyer for buyer’s signature and seal (with amendments if any).

3) Buyer counters sign and seals the contract and sends via E–mail or Fax to seller.

4) The Buyer issues the Transferable Irrevocable Confirmed Documentary LC 100% at Sight via MT 700/701 for the month-ly cargo value within 5 (Five) banking days after receipt of Proforma Invoice This DLC must add payable within five (5) banking days of Buyer’s Bank receives Original Shipping Docu-ments from Seller’s Bank

On second delivery and onwards, the Buyer shall issue the DLC within eight (8) banking days upon receipt of seller’s doc-uments duly signed by the authorized persons which should include: Certificate of Insurance, Commercial Invoice, Original CCIC report from the loading port containing loading details of quantity and quality, B/L date and any other relevant docu-ments. The documents will be e-mailed directly to the Buyer’s office promptly after completion of loading. All documents from the third party accepted by the Buyer. This action and cycle for forwarding of loading port information/documents and issue of DLC will continue until completion of the con-tracted quantity. The CCIC inspection charges will be borne by the seller.

5) The Seller will provide the Buyer with Scanned copies of the following documents for TRIAL shipment:

1. A full set of 3/3 originals plus 3 N/N copies of Ocean Bill of Lading made out “Clean on Board” marked “Freight Pre – Paid”. The B/L to be signed in original by the ship’s Master and “bank” issued or endorsed for the destination, identi-fication of the loaded cargo with quantity expressed in Cartons and Metric Tons.

2. Original quantity and quality certificates plus two (2) cop-ies as issued at loading port by an independent Surveyor Company SGS or Bureau Veritas (BV).

3. Certificate of origin plus two (2) copies countersigned by a local chamber of commerce.

4. Original signed commercial invoice plus two (2) copies based on the delivered quantity/quality as determined by clause 9.3 of this contract.

5. Original Packing list and 2 copies showing Gross/Net.

6. Full set, (including one original and one copy) of insurance policy for 110% of the invoice value against all risk additional war risk and making buyer as beneficiary.

7. Veterinary Health Certificate in 1 original and 2 copies.

8. Certificate of Export Declaration by Seller in 1 original and 2 copies.

9. Non-Wood Packing Certificate.

10. Batch declaration CERTIFICATE (Batch List)

11. Certificate for Export Under Price Undertaking with MOFCOM issued by the Brazil manufacturer.

12. Declaration indicating that the slaughterhouse is an-nounced on the list of certificate and accreditation administra-tion of P.R of China (Certified copy of SIF certificate).

13. Certificate of HALAL slaughtering in 1 original and 2 copies.

6) Delivery commences as per contract and the shipment should arrive at Buyer’s discharge port Within 60 days after LC receiving by Seller’s bank.

7) All banking charges from the Buyer’s bank shall be borne by the buyer and all banking charges incurred by the Seller at Seller’s bank shall borne by the Seller.

8) The buyer will be responsible to check that the amend-ments (if any) on Transferable LC will be done according to the seller’s request

ARTICLE 14: DURATION OF CONTRACT

The contract must have a duration of 12 months from the sig-nature and according to the scheduling of shipments agreed between the parties.

ARTICLE 15: FORCE MAJEURE

Neither party to this agreement shall be responsible for breach of contract caused by acts of God, insurrection or civil war, military operations or local emergencies or any other act that is construed by the International Chamber of Commerce as force majeure. Should any eventuality occur with the slaughterhouses from which they are currently supplying, it will be replaced by any other that complies with the Certifica-tion and Accreditation Administration of China Allow Entry.

ARTICLE 16: NON-CIRCUMVENTION AND NON-DISCLOSURE AGREEMENT:

The parties to this contract hereby accept and agree to provi-sions of non-circumvention and non-disclosure with regards to all parties involved in this transaction, additions, renewals and third party assignments, with full reciprocation for a period of 365 days from the date of execution of this agreement.

ARTICLE 17: TRANSPORTATION & DISCHARGE TERMS:

(1) The Daily Discharge Rate shall be fixed by the seller and the seller per day including Saturdays and Sundays, but excluding Public Holidays.

(2) The seller shall be responsible for transportation to the port of loading.

(3) Demurrage shall be payable by the Seller to the Vessel’s Master after taking into account lay-time, and seller agrees to settle any extra charges after receipt of the in-voice from the vessel’s Master. Dispatch shall be provided at half the demurrage rate.

(4) Not later than 48 hours from completion of the loading, the Seller or his agent shall email or fax to the Buyer

(5) or the Buyer's agent at the designated port of discharge, advising of the vessel name, classification, flag, position, expected arrival date, capacity.

(6) The Master of the vessel shall give to the Buyer or the Buyer's agent a period of 10 days for free of charge to clear custom plus final notice at 72hours of the vessel's es-timated time of arrival at the port of discharge.

(7) The vessel shall be classed 100-A in the Lloyd's Register, or be of equivalent classification (8) Clause 15 is the re-sponsibility of the seller as CIF stated

ARTICLE 18: CLAIMS

i. Shipment must have a certificate of Quality, Quantity, and Weight issued by Bureau Veritas at loading port.

ii. Inspection fees shall be for Seller’s Account.

ARTICLE 19: DELIVERY SCHEDULE

The quantities of products to be delivered will be made ac-cording to the amounts established in the scheduling of deliv-eries of the FCO, the dates of these deliveries may be modi-fied by mutual agreement between seller and buyer.

ARTICLE 20: BREACH OF CONTRACT

In the event that the Producer for any reason whatsoever fails to supply the Buyer with the agreed quantities of the men-tioned bars according to the agreed schedule, resulting there-by in the grounding of the operations of the Buyer

, the Seller shall be held liable for any damages and loss of in-come sustained by the buyer as a result of this event. As a remedy, the Producer will compensate the Buyer with an amount equivalent to the amount of lost income resulting from the grounding of its operations. The estimation of the amount lost income will be performed by experts (accountants and market experts) suggested by the Buyer and approved by the Seller

The above documents are also men-

tioned in the SPA. And send bank to bank

OUR PAYMENT TERMS IS STRICTLY

LC100% Transferable or similar