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Basic Principle Terms & Condition
 
 
 

Important Notes:

  1. FSAP non-exclusive offer is subject to prior sale, and it is presented as first come and first serve basis.
  2. We will ONLY accept to start negotiations upon receipt of Buyer’s LOI/ICPO (including full banking coordinates and authorization for soft-probe on Buyer’s account), which should be nominal, and not older than 5 banking days.
  3. The payment instrument conditions are irrevocable and non-negotiable.
  4. The contract conditions are irrevocable, unconditional and non-negotiable.
  5. No visit to Mines will be allowed prior to draft contract.
  6. No information regarding previous shipments or contracts will be provided.
  7. The payment instrument must be approved by the Seller and Seller’s Bank.
  8. The Buyer agrees that no product will be delivered to either any United States or United Nations sanctioned port, or those that may still be considered ASWP, but are located in current war zones or areas or conflict.
  9. The presentation of a Full Corporate Offer (FCO) is always contingent to the presentation of the Buyer’s Letter of Intent (LOI) or irrevocable purchase order (ICPO) containing full banking coordinates and explicit authorization for soft probe. In addition the Buyer must present the Bank Comfort Letter (BCL).
  10. The Buyer also agrees that his response to this offer constitutes the acceptance of a Non-Circumvention and Non-Disclosure Agreement, with corporate and individual responsibilities, extended to heirs, assignees, and/or successors, to be signed with our Corporation, according to standard terms suggested by the International Chamber of Commerce (I.C.C.) 500, and valid for 5 (five) years, or the length of the contract, which ever lasts longer.

Closing procedures:

  1. Standard closing procedures, starting with the Letter of Intent (LOI) or the   Irrevocable Corporate Purchase Order (ICPO), including full banking information and explicit authorization to soft probe on Buyer’s bank account (sample provided in ANNEX C, below), and fresh Bank Comfort Letter (BCL). Refer to sample in Annex B.
  2. The Seller responds with Full Corporate Offer (FCO) and Draft of Contract.
  3. Contract discussion and signing. All copies sent via email or fax is deemed as legally binding. The hardcopies are exchanged via courier;
  4. The Buyer sends RWA or Proof of Funds (POF) via Bank to Bank (SWIFT MT799), and the Seller responds with Proof of Product (POP) in the same fashion.
  5. Buyer opens agreed payment instrument, as indicated above, as pre-advice (non-operative).
  6. The Seller issues the Performance Bond (PB) of 2% of monthly shipment amount, which activates payment instrument.
  7. Shipments commence as per contract.

IMPORTANT notes regarding documentation submitted to our appreciation
Approximately 95% of all requests we receive are rejected due to inconsistencies found on them. Therefore, to avoid frustration and save precious communication time, please make sure the following is observed:

  1. The requests must be presented in a complete Irrevocable Corporate Purchase Order (ICPO) or letter of Intent (LOI), in the Company’s letterhead (Corporate official stationery with full address and contact information), containing full banking information (including Account holder, bank address and officer’s contact information, SWIFT Code, account coordinates, etc.) and must include explicit authorization for soft-probe (not necessary for oil transactions);
  2. The Bank Comfort Letter (BCL) must be provided. A valid BCL must be issued in the Bank Letterhead, signed by two (2) bank officers, including full banking coordinates, and stating clearly that the Account Holder is Ready, Willing and Able (RWA) to undergo the transaction proposed (clearly identified including the product description, total volume and monthly volume transacted), and the total amount of the contract (clearly specified);
  3. Note: some Sellers will agree with a RWA Letter from the Bank, which are frequently transmitted to the Seller’s Bank via SWIFT MT 799. Other generic letter terms, such as a simple referral letters indicating the good standing of the Account Holder in the banking institution, have no value as BCL. In case a RWA is presented, instead of BCL, the decision to send RWA bank to bank must be stated in the ICPO/LOI body text. The names, positions and contact information of the two (2) Bank officers signing the BCL/RWA must be clearly indicated;
  4. The ICPO/LOI must be signed and stamped. The names and positions of the Company officers signing the LOI/ICPO must be clearly indicated. Otherwise, the document has no legal value;
  5.  The documents must be fresh (recent date – the most 3-5 days old max.);
  6. VERY IMPORTANT, the letterhead of the Company requesting the commodity must correspond to the Bank Account Holder on the banking information provided.

    These points will help you in verifying the legitimacy of the documentation provided. If your documents DO NOT PASS these verification points, please discuss them with your Buyers and get them corrected, immediately. This will save time in our process.

 

Payment Options
When specifying your payment choice, please be clear and completely define the payment instrument as presented in the following examples:

  1. MT760 BG 100% payable instrument: by irrevocable, transferable and confirmed (conditional or unconditional, as per contract terms) Bank Guarantee (BG), in the total amount of the contract (100%) or in the agreed amount as per contract, issued or guaranteed by one of the top 25 world banks, 100% payable at sight, at the Seller’s Bank, against presentation of shipping and/or other contract documents.
  2. FFSBLC: by irrevocable, transferable and confirmed Fully Funded Stand by Letter of Credit (FFSBLC), in the total amount of the contract, issued or guaranteed by one of the top 25 world bank’s 100% payable at sight, at the Seller’s Bank, against presentation of shipping documents, as per contract.
  3. FFDLC : by irrevocable, transferable, divisible and confirmed Fully Funded Stand-By Letter of Credit (FFSBLC), in the total amount of the contract (100%) or in the agreed amount, as per contract, issued or guaranteed by one of the top 25 world bank’s 100% payable at sight, at the Seller’s Bank, against presentation of shipping and/or other contract documents.
  4. FFRDLC : by irrevocable, transferable, divisible and confirmed Fully Funded Revolving Documentary Letter of Credit (FFRDLC), issued or guaranteed by one of the top 25 world banks, in the amount corresponding to the monthly shipment, revolving the number of months specified in contract, payable at sight, at the Seller’s Bank, against presentation of shipping and/or other contract documents. The Seller may require a guarantee for securing the Buyer’s commitment in fulfilling the contract which can be represented by a Bank Guarantee (BG) or a Stand-By Letter of Credit (SBLC). In case no guarantee is required by the Seller, the price of the commodity is normally much higher.
  5. TT/SWIFT : by direct funds transfer via Bank T/T (KTT or SWIFT) in the amount corresponding to the monthly shipment, from one of the top 25 world banks, 100% payable at sight, at the Seller’s Bank, against presentation of shipping and/or other contract documents. The Seller may require a guarantee for securing the Buyer’s commitment in fulfilling the contract which can be represented by a Bank Guarantee (BG) or a Stand-By Letter of Credit (SBLC).
  6. SWIFT MT103.23: by irrevocable and conditional SWIFT payment instrument, 100% payable at sight, at the Seller’s Bank, against presentation of shipping and/or other contract documents or Commercial Invoice.
  7. Other Payment Instruments: please, specify completely, even if using direct deposit, Bank T/T, or other SWIFT transactions as payment instruments.

Notes: When proposing your payment instrument of choice, please understand that the Seller must have the assurance that the whole contract will be fulfilled. Therefore, anytime a partial payment is proposed, a guarantee for total contract fulfillment is mandatory.
The terms of these payment instruments must be approved by the Seller and the Seller’s Bank.


 
 
 
 
 
 
 
 
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