SELLER:

M/S ABC GROUP & OR NOMINEE
INDORE-452001
K.ATTN: SHRI ---------------------------                                           FAX: 0731-
E mail : - This e-mail address is being protected from spambots. You need JavaScript enabled to view it ,

02.

BUYER:

M/S XYZ LTD. & OR NOMINEE
NEW DELHI
K.ATTN: SHRI ----------------------                                                  FAX : 011 –
E mail : This e-mail address is being protected from spambots. You need JavaScript enabled to view it ,

03.

COMMODITY :

INDIAN TOASTED SOYBEAN EXTRACTION YELLOW PRODUCED FROM YELLOW SOYBEAN SEED ONLY, FREE FROM LUMPS, WEEVILS, UREA, CASTOR TRACE / HUSK AND OTHER FOREIGN MATERIAL.

04.

SPECIFICATION:

WARRANTED TO CONTAIN.
PROTEIN Minimum 48% (Forty Eight),
FAT Max 1.5% (One point five zero),
FIBRE Max 6% (Six),
MOISTURE Max 11% (ELEVAN)
SAND &/OR SILICA Max 2% (Two)
UREASE ACTIVITY 0.30 Unit Max (Mg/N G/Min) at 30 degree centigrade by EEC method.

05.

QUALITY: ALLOWANCES

FOR ANY DEFICIENCY IN PROTEIN below 48% allowances to be 1:1 or any fraction thereof from 48% to 46%. Below 46% rejectable at Buyer's option.
FOR ANY EXCESS IN FAT above 1.5% rejectable at buyer's option.
FOR ANY EXCESS IN FIBRE above 6% rejectable at Buyer's option.
FOR ANY EXCESS IN MOISTURE above 11% allowances to be: From 11% to 12% - 1:1 or any fraction thereof. Above 12% rejectable at Buyer's option.
FOR ANY EXCESS IN SAND &/OR SILICA above 2% allowances to be: From 2% to 2.5% - 1:1 or any fraction thereof. Above 2.5% rejectable at Buyer's option.
FOR ANY EXCESS IN UREASE ACTIVITY above 30 units allowances to be: From 0.30 Units to 0.35 Units 0.1% for each 0.01 Unit. Over 0.35 Units rejectable at Buyer's option.

06.

QUANTITY:

……….. M.T (+/-2%) {OF 1000KGS} (…….. METRIC TON ONLY).

07.

PRICE:

Rs …………/- PMT (1000 KGS, GROSS FOR NETT) (………….. ONLY).  F.O.R. BY TRUCK DELIVERY AGAINST ‘H’ FORM ALONG WITH COPY OF B/L TO SELLER.

08.

PACKING :

EACH PACKED IN SOUND SECOND JUTE BAGS.

09.

DELIVERY:

SELLER TO SEND MATERIAL ON FOR BASIS TO KANDLA /  GANDHIDHAM BY ROAD, WEIGHT & QUALITY SHALL BE FINAL AT KANDLA AS PER SOPA MODEL CONTRACT CLASS-9. DISPATCH ………………...

10.

PAYMENT:

BUYER TO RELEASE 97 % PAYMENT AGAINST RECIEPT OF MATERIAL (T.R.) ON NEXT WORKING DAY (CLASS 11.2) BY RTGS ON RECIPT OF REQUIRED DOCUMENTS, BALANCE ON WEIGHT & QUALITY REPORT WITHIN 30 DAYS.
- Invoice of seller, truck wise dispatch detail and provisional receipt certificate from Buyer's C&F Agent (Fax copy will be admissible).
Bank commission if any to be on seller's account. However, if the payment if delayed by the buyer, then buyers must under any circumstances make payment to the seller within next three working days in which case seller is entitled to claim simple interest @ 24% per annum from buyer. In case buyer fails to make payment in five working days, seller shall have right to declare buyer in default and the contract shall be settled as per default clause of this contract. Balance payment shall be settled within 30 days from the date of receipt of goods & sellers final invoice / credit note as per surveyor’s weight & analysis report. In case Buyer fails to make balance payment due to the Seller or if Seller fails to refund excess payment received by them within 3 working days from the date of settlement of contract, interest @ 24% p.a. shall be payable by either party as the case may be.

11.

INSPECTION: Prior To Despatch

BUYER CAN DEPUTE SURVEYOR AT HIS OWN COST FOR INSPECTION & APPROVAL OF CARGO AT SELLERS FACTORY.

12.

INSURANCE:

It is obligatory on the part of seller to take transit insurance of goods transported by Road up to delivery at Kandla. In case, seller has not taken transit insurance, then seller will be responsible for any damage, loss, etc. for whatsoever reason.

13.

TAXES & DUTIES  :

'Buyer shall give "H" form to seller along with copy of bills of lading within 90 days from the shipment of goods failing which sales tax liability if any shall be on Buyer's account. In no situation or on any pretext "H" the Buyer will withhold form/bill of lading. Any failure in compliance will make this Buyer liable to pay 24% interest on the tax amount from 91st day in addition to the Tax amount.

14.

WEIGHMENT &: SAMPLING

Buyer shall appoint approved surveyor for inspection of weighment & sampling at the time of unloading of cargo at destination station.

1. Buyer shall appoint surveyor at his cost for weighment sampling, sealing and analysis.
2. Seller has option to appoint same or another surveyor from SOPA approved list of surveyors at his cost for joint sampling, sealing and analysis.

15.

ANALYSIS:

The sealed samples drawn jointly by buyer’s and seller’s surveyors shall be jointly analysed by them in buyers lab and the joint analysis report issued by buyer surveyors shall be final and binding to both the parties, however in case of only single surveryor, their report shall be final and binding on both seller and the buyer and surveyor cost shall be shared equally by both buyer and seller.

16.

NON DELIVERY:OF CARGO

In case the seller fails to deliver the full / part quantity contracted within the contractual period then the buyer may exercise any of the following options solely at his discretion on the next working day.

1. Extend the delivery period beyond the fore mentioned date.
2. Cancel the contract for such quantity at par.
3. Settle the contract for such quantity & debit the difference between the prevailing market price & contracted price to the sellers account.
4. Purchase such quantity at the prevailing market price at the risk & cost of the seller.

17.

REPLACEMENT: OF REJECTED CARGO

In case buyers nominated surveyors reject the cargo. Buyer shall give 7 days time to seller for retendering / replacement of the cargo to the same surveyor. However the cost this time shall be to sellers’ a/c. In case seller fails to do so then the buyers may exercise at his option any of the following.

1. Accept the cargo with rebate beyond the rejectable level at mutually agreed rebate slab.
2. Cancel the contract at par.
3. Settle the contract & debit difference between market & contracted rate to the sellers account.
4. Purchase such quantity at the prevailing market price (on expiry of original delivery period / extended delivery period) at the risk & cost of the seller.

18.

ARBITRATION:

In the event of any doubt, dispute, difference or question (including the question of existence, validity, termination or interpretation hereof) arising howsoever from or under this contract or any payment delivery or accounting there under, between the seller & the buyer or between the seller & the broker or between the buyer & the broker, it shall, if not amicably resolved, be referred to the SOPA, Indore for arbitration under the Indian arbitration & conciliation act 1996. No party shall bring any action or other legal proceedings against the other in respect of such dispute/difference until such dispute/difference shall first have been heard and determined by Arbitration panel of SOPA.

19.

OTHER TERMS:

1. Seller & buyer to return copy of this confirmation note duly signed in confirmation. However, failure by seller / buyer to return same will not in any way affect or alter the validity of this confirmation note.
2. Buyer shall provide bank endorsed E.P.C. disclaimer letter to seller.
3. The buyer & the seller under this confirmation note shall be responsible for fulfillment of all contractual obligations for their nominees, if any.

We will not be liable for any court case. This contract is made in Indore & subject to the arbitration clause above.]

1. Any other dispute or pending matter between buyer & seller or buyer & broker or seller & broker will have no effect whatsoever on this contract or its performance. This is a separate contract & it has to be performed separately without linking it with any other matter whatsoever between any of the party as well as outsiders.
2. The seller shall give all intimation to us from time to time regarding readiness, deliveries & dispatches of goods under this contract. The buyer shall also intimate to us from time to time regarding his lifting / deliveries & payment.

20.

BROKERAGE:

BOTH SELLER AND BUYER TO PAY THE BROKERAGE AT THE RATE OF Rs. __/- PMT TO M/S ANUJ TRADE LINKS, INDORE (M.P). ) In case of any dispute in a contract, buyer/seller may withhold the payment of that particular contract only. If bargain is cancelled due to any reason, our brokerage will be charged as usual. Brokerage of settlement will be charged extra & equal to contract brokerage.