Official contract for transactions in cacaos beans on C I F NET LANDED WEIGHT TERMS Please note The contracts and guides contained in the present collection have been selected for illustrative 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 TERMS Company trading name of seller Company trading name of buyer Date N We confirm the verbal sale which we made with you through by order and on behalf of subject to the Market Rules of the association fran aise 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 the quantity sold Packing In new exportable woven non returnable bags actuel tare Port s of destination At buyer s option to be declared not later than 15 days before the first day of the shipment period by minimum quantifies of 25 tonnes per port Shipment period From origin during at seller s option Payment Net 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 conditions 1 Shipment Shipment 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 is proof 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 the free 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 sampling Supervision weighing and sampling of each bill of lading or delivery order shall be obligatory and carried out without interruption in the presence of the buyer s and the seller s supervisors at the port of destination specified in the bill of lading at the buyer s expense within a maximum of 15 days after the final day of landing of the vessel failing which the seller may issue the final
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