Official contract for transactions in cacaos beans on C.I.F NET LANDED WEIGHTTERMSPlease note: The contracts and guides contained in the present collection have been selected forillustrative purposes only. Juris International shall not be liable for their contents or use.Form n° 1 - Official contract for transactions in cocoa beans on CIF NET LANDED WEIGHT TERMSCompany/trading name of seller : ____________Company/trading name of buyer : ____________Date : ____________N° : ____________We confirm the verbal sale which we made with youthrough ____________ by order and on behalf of ____________ subject to the Market Rules of the association française du commerce des cacaos and the general conditions of this contract, specified on the reverse, which the parties declare they are familier with and accept.- Quantity : ____________ (tonnes of 1,000 kg).With a tolerance of plus or minus 2%, on shipment, of which the weight shown on the bill of lading shall be proof.- Cocoa : ____________ - Quality on arrival Fair merchantable. Mandatory acceptance of the goods in all cases.- Price Fixed and indivisible. ____________Cost, insurance and freight, net landed weight, with a tolerance of plus or minus 2% in relation to thequantity sold.- PackingIn new exportable, woven, non-returnable bags ; actuel tare.- Port(s) of destinationAt buyer's option, to be declared not later than 15 days before the first day of the shipment period, byminimum quantifies of 25 tonnes per port.- Shipment periodFrom origin during ____________at seller's option.- PaymentNet cash for 99% of the amount of the provisional invoice at first presentation and in exchange for shipping documents complying with the conditions of this sale (cf. clause # 3).Special conditions1 : ____________Buyer's stamp and signature : ____________Seller's stamp and signature : ____________A.F.C.C. general conditions1. ShipmentShipment shall be effected by through bill(s) of lading specifying the goods with the number of bags, shipping marks and serial numbers.The date of loading shown on the bill of lading shall be taken as the date of shipment, unless there isproof to the contrary. The bill of lading marked "loaded and/or received on board" shall be taken as proof of shipment.2. Advice of shipment (declaration) All advices of shipment made by telex or telegram or registered letter shall be deemed to be valid.They shall specify : the origin of the goods, the name of the vessel, the tonnage involved, the number of bags, the shipping marks and serial numbers, the date and number of the through bill of lading, the destination and, if any, the name of the supervisor appointed by the seller. The declaration shall specify whether the parcel is in complete or partial fulfilment of the quantity sold. Any significant error may be rectified up to the opening of the hatches.In the case of a voyage including transshipment(s), the name of the main carrier to the port of final destination shall be fonwarded to the buyer by the seller not later than 7 days before the arrival of the vessel in the said port.A declaration which complies with the terms of this contract shall be irrevocable.Each declaration shall be for a minimum of 25 tonnes, except for the balance of the quantity sold. In the event of several bills of lading appearing on the same declaration each bill of lading shall be considered to be a partial declaration. Each partial declaration shall be considered to be the execution of a separate contract. The seller shall be entitled to declare a shipment against this sale ship lost or not lost, sublect to him submitting proof of shipment and providing the buyer with all the shipping documents (cf. clause # 3).Each seller shall forward the declaration to his buyer promptly (cf. Market Rule # 5).If the declaration arrives after the opening of the hatches at the port of destination, the buyer shall not be entitled to refuse it but may charge the party respon- for the financial consequences resulting from the delay in the transmission of the declaration.If the buyer has not received the declaration by midnight on the 14th day following the shipment period, he may refuse a subsequent declaration and, declaring the seller to be in default, may ask for the terms of the close-out of the contract to be fixed by means of arbitration (with any price difference, penalty and interest to be borne by the latter).However if each buyer who receives the declaration after the 13th day forwards it promptly to his buyer, the said declaration shall be covered by the contract and cannot be rejected.3. Documents a) List :- provisional lnvoice ;- complete set of freigth-paid clean on board negotiable bills of fading marked "loaded and/or received on board" (lester of guarantee for any missing copies) or delivery order raised by the carrier;- policy, or Insurance certificate marked "premium paid" and "complies with A.F.C.C. conditions" or letter of guarantee ;- certificate of origin or movement, or lester of guarantee in provisional replacement ;- any certificates and documents required under international agreements applying to cocoa transactions between the country of origin and the country of destination.N.B.: The buyer may demand that all letters of guarantee be bank guarantees. b) Presentation and payment of documents :If the documents complying with the conditions of this sale are not presented before the expiry of thefree quay rental period, only the additional rental charges and/or bank guarantee charges incurred shall be borne by the seller. In the case of transshipment stated in the bill of lading the presentation of documents can be effected only after loading into the last main carrier. In the event of non-payment by the buyer for documents complying with the conditions of this sale, the seller may give him formal notice to effect payment within 48 hours.If payment is not made within that period the seller may freely dispose of the goods and, declaring the buyer to be in default, may ask for the terms of the close-out of this contract to be fixed by means of arbitration (with any price difference, penalty and interest to be borne by the buyer).c) Charges and taxes :All unloading charges, taxes and customs duties incurred or which may be incurred at the port of discharge and/or within the country of final destination shall be borne by the buyer.4. Supervision, weighing and samplingSupervision, weighing and sampling of each bill of lading or
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