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DRAFT CONTRACT TO RELA BUYERS
 
(Herein after called the SELLER which expression shall unless excluded by or repugnant to the context include its successors and assignee) of the one part.
 
WHEREAS the Seller is a mining company in the material, The Seller is desirous of selling all such Antimony ore or concentrate to the Buyer and WHEREAS the Buyer is import agent for end consumer in this material, the Buyer is desirous of buying firm and irrevocable all such Antimony ore or concentrate materials from the Seller.
 
THE SELLER AND THE BUYER HEREBY AGREE AS FOLLOWS.
The Seller agrees to sell firm and irrevocable to the Buyer who accepts to buy                                as per the following terms:
1. Product:  Antimony Ore                                 Size: below 5mm for Antimony ore.
2. Origin:        Colombia.
3. Quantity for trial shipment:  **0 MT
4. Packing: In 1,**0.*0kg polyethylene big bags in reinforced containers *0 ft. for *5MT/*7MT. IMO regulations and Incoterms ***0.
 5. Delivery:
-Within *0 days after the seller receive a L/C, which must be accepted by the bank chosen by the seller. The Bank Letter of Credit shall be irrevocable, unconditional, Non-transferable, renewable, to be issued by the buyer for the seller for the amount of the **0% value of the shipments scheduled per month. Of the total amount of this Letter of Credit (L/C), shall be paid *5% according to the first inspection report of moist, weight and quality from Alfred H. Knight (AHK) or Alex Stewart Assayers (ASA) or SGS.
This paid is *5% of the price and it would be pay only with the presentation of the shipping documents which is stated in term *1.
-The delivery not later than *5TH of June ***4.
-Partial shipment is allowed.
-Transshipment permitted.
-The shipper should confirm with the shipping company for *4 days free detention of the containers at the destination port and to state the approved number on the master SEAWAYBILL.
P.B.   : The seller  issues 2%PB after the buyer signed the contract and send  the draft of LC, then once the buyer confirms the 2%PB will send the seller the formal LC.
6.Price:
6.1).Price formula
Antimony price=Full LMB (Antimony Metal MMTA Standard Grade II $/tonne in warehouse Rotterdam, average of latest 1 week before B/L issuing date) × Antimony Content % × Discount;
The amount of this contract is based on CFR China Port.China.
6.2).Quality
6.2.1). If the antimony (Sb) content is equal or higher than *0%, the price shall be *8.*0% LMB;
6.2.2). If antimony (Sb) content is between *5% and *9.*9% up, the price shall be *7.*0% LMB;
6.2.3). If antimony (Sb) content is between *0% and *4.*9%, the price shall be *6.*0%LMB;
6.2.4). If antimony (Sb) content is between *5% and *9.*9%, the price shall be      *5.*0% LMB.
6.2.5). If antimony (Sb) content is between *0% and *4.*9%, the price shall be      *4.*0% LMB.
6.2.6). If antimony (Sb) content is between *5% and *9.*9%, the price shall be      *3.*0% LMB.
6.2.7). If antimony (Sb) content is between *0% and *4.*9%, the price shall be      *2.*0% LMB.
6.2.8). If antimony (Sb) content is between *5.*1% and *9.*9%, the price shall be *1.*0% LMB.
6.2.9). If Antimony (Sb) is below *5%, the buyer has right to refuse or accept the goods.
6.3). Price adjustment:
6.3.1). For each 0.1% of Arsenic/Antimony (As/Sb) content above 0.8%, the base price shall be reduced USD *8/DMMT. Over 3%, then buyer has right to refuse or accept the goods.
6.3.2). For each 0.*1% of Lead/Antimony (Pb/Sb) content above 0.3%, the base price shall be reduced USD 9/DMMT. Over 2%, then buyer has right to refuse or accept the goods.
6.3.3). For each 0.*1% of Copper (Cu) content above 0.*3%, the base price shall be reduced USD *2/DMMT. Over 0.2%, the buyer has right to refuse or accept the goods.
7. Title and Risk:
7.1). Risk of each shipment of antimony ore shall pass to the buyer at the time the material shall effectively passed the ship's rail at the port of shipment.
7.2). Title of each shipment shall pass to the buyer at the time against total payment (**0%) by buyer to the seller.
8. Taxes and duties:
8.1). All taxes and duties or import fees imposed or levied in China and or country of destination shall be for the account of buyer.
8.2). All taxes and duties or export fees imposed or levied out side China shall be for the account of the seller.
9. Inspection
9.1). The 1st inspection at seller’s warehouse or at the loading port will be done by AHK or Alex Stewart or SGS:
AHK or Alex Stewart or SGS will observe and will take photos of the operation at the seller’s warehouse of the antimony ore under this contract (AT SELLER’S COSTS).
AHK or Alex Stewart or SGS should certify whole of the **0MT antimony ore, and issue report to show the quality (Sb, As, Pb, S and moisture). Seller shall provide to buyer the original inspection report with quality and quantity.
Seller or AHK / Alex Stewart/SGS should provide some photos or videos which be taken during one portion of the inspection to buyer.
9.2). The second inspection will be at destination port.
If the difference of two inspection results between 1nd and 2rd within 0.5%, the result is the average of both inspections.
If the difference more than 0.5%, the two parties can negotiate to solve the problem, if the two parties can not reach an agreement, the third inspection agent will inspect the antimony ore and the result will be the final, bind the two parties (Final inspection costs will be *0% each party)
*0. Payment:
*0.1). Buyer will issue **0% L/C after the signing of this agreement.
*0.2).It will pay *5% of the Letter of Credit (L / C) according to the first inspection report of moist, weight and quality from Alfred H. Knight (AHK) or Alex Stewart Assayers (ASA) or SGS.
This paid of *5% of the price and it would be pay only with the presentation of the shipping documents which is stated in term *1.
      *0.3). The balance will be paid by T/T after the final inspection report at destination port. This 5% payment will be made to knowthe results of quality analysis (AHK or Alex Stewart Assayers or SGS), in period not exceeding *0 calendar days made the shipment.
 
*1. Documents
*1.1)- 3 set of original Provisional Invoice.
*1.2)- Certificate of Origin (1 original and 3 copies ).
*1.3)- Original analysis and quantity/weight Inspectorate Certificate( 2 originals and 2 copies).
*1.4)- 3/3 set of Master OCEAN BILL OF LADING.
*1.5)- Packing list with gross/net weight and number of Ocean Bill of Lading.
*2. Force Majeure:
Neither party to this Contract shall be held responsible for breach of contract caused      by an act of god, insurrection, civil war, and military operations for local emergencies. The parties do hereby accept the international provision of; force majeure; as published by the International Chamber Of Commerce.
When force majeure happens, the Buyer or Seller must immediately send within 5 days thereafter by registered airmail to the other party a certificate of force majeure issued by a competent government authority at the place where the force majeure occurred as evidence thereof.
*3. Arbitration and Law of the Contract:
The parties hereby agree to settle all disputes amicably, if settlement is not reached, the dispute in question shall be submitted to arbitration.
The place of jurisdiction and/or arbitration shall be HK according to the rules and regulations of the London Metal Exchange or I.C.C. Rules and regulations ***0.
The losing party will pay the arbitration fees.
It is understood that in the event of dispute or arbitration, the English language shall prevail and the award of ICC shall be final and binding on both parties.
*4. Miscellaneous:
Upon signature of this Contract, all previous negotiations and also all previous correspondence are to be considered null and void.
Changes to the terms and conditions of this Contract must be in writing and agreed to in writing by all parties involved.
The contract shall be legal and binding upon signature of the faxed copies.
Documents in other than English language are acceptable if also accompanied by proper translation into English language.
*5. Validity of Contract:
The Contract constitutes the entire Contract between BUYER and SELLER relating to the purchase and sale of product listed above.
It shall be binding on both parties and their respective successors, assigns, and executors.
The contract will take force at the date of signature
It shall be binding on both parties and their respective successors, assigns, and executors.
The contract will take force at the date of signature and will be in force within 5 years after the first delivery. If the first shipment is successful, Buyer promise to purchase **0MT antimony ore from seller per month as minimum during the first 6 months; **0MT during each month from the seventh until the twelfth month; and **0MT from the thirteenth month until finalize this contract.
The seller promises to deliver from the seventh month of this contract, monthly **0TM and Buyer promises to buy them.
 
The seller promises to deliver from the thirteenth month of this contract, monthly **0TM and Buyer promises to buy them.
 
The Seller:        
Signed and sealed:   
___________________________
Date:  
 
The Buyer:
                                                 ____________________________
Signed and sealed
Date:
APPENDIX
 
Definitions:
Unless specifically stated, the following terms will have the following meaning
 
DMT: shall mean dry metric ton.
DMMT: shall mean dry metal metric ton.
WMT:shall mean wet metric ton.
MMT:metal metric ton (DMT*Final Sb content).
MTU: Metric Ton Unit shall mean 1% or one hundredth part of the ton,metal content
Ton or"Metric Ton": shall mean a ton of 1,**0 kilograms or 2,**4.*2 pounds avoirdupois wet or dry basis as stated.
Inspectorate:independent inspectorate as A.H.Knight, A. Stewart, SGS or any independent inspectorate accepted by both parties.
LMB:shall mean The London Metal Bulletin.
L/C:shall mean Letter of credit, it must be in accordance and subject to Uniform Custom and Practice for Doc. Credit Revision ***3 Publication N **0 of ICC,Paris.
$ or dollar or cent:  shall mean dollars and cents of the united states of America official currency.
IMR: shall mean international maritime regulation
CFR: shall mean Cost and Freight

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