CONTRACT No: AMGL/24/0115
SELLERS CODE: AOG/01/15
BUYERS CODE:
This Agreement (The Agreement) made and effective on this 24th day of January, 2015 by and between:
SELLER: Mr. ANTHONY ONYEKA MINERAL METALS ACCRA GHANA. a corporation organized and licensed gold Miner/Seller existing under the laws of Republic of Ghana.
TEL: +233 246168009
Hereinafter referred to as Seller
AND
BUYER
Name: XXX
Address: XXX
Phone: XXX
Fax:
Email:
Hereinafter referred to as the Buyer and:
SELLER AND BUYER may hereinafter be referred to individually or collectively as a
“PARTY or “PARTIES.
NOW THEREFORE; the parties agree to the terms and condition as follows:
SCOPE OF THE CONTRACT
A: The Seller under full authority and responsibility, declares that he has the ability and unrestricted right to sell the gold and guarantees that he is capable to legally export to XXX through AA MINERALS or an Independent Export Approved By PMMC .
B: The Buyer, under full corporate authority and responsibility declares that he and his associates have the full capability to purchase the gold Direct from the seller’s
COMMODITY SPECIFICATIONS:
1: COMMODITY : GOLD
2: FORM : DORE BARS
3: PURITY : 95.67 % PLUS
4: FINENESS : 22+ CARAT
5: ORIGN : GHANA
6: PRICE : US$32,500 PER KILO
7: PACKING : EXPORT PACKAGE BOXES
8: QUANTITY : 75 KGS OR MORE PER MONTH
DELIVERY TERMS AND DOCUMENTS
Buyer shall be invited to meet with seller’ for final Inspection and purchase of the said 75Kilos while buyer is also required to pay for the bullion van that will convey the gold to the shipping company, buyer will pay 3% of the lots upon buyer’s confirmation of the Quality,Purity karat of the said Gold.
TERMS OF PAYMENT: The Buyer after confirmation of the Quality, Quantity, Purity, Weight and Carat of the said Gold Bars with the Seller’s will be required to make full payment of the products to the seller’s Agent, while Seller’s Agent will thereafter transfer Ownership of the said Gold Bars to the buyer.
OTHER TERMS AND CONDITIONS: A contract stipulating terms and conditions of this transaction will be signed between seller’s Agent and Buyer. The Gold Bar will be accompanied by the following documents to buyers refinery in XXX,
1. Commercial invoice
2. Certificate of origin
3. Certificate of Ownership
4. Bank of Ghana A2 Form
5. Air Way Bill Receipt
6. Assay Report.
Seller’s mandate will accompany the product to buyers Destination. The above mentioned documents shall be covering documents which shall accompany the commodity to the buyer’s refinery. An Irrevocable letter of Intent shall be required from the buyer after a notification of acceptance.
PROCEDURE:
Buyer’s inspect the product. And then, an interim test will be conducted on the product by the Ghana geological surveys department. After buyer is satisfied with the result, he pays for assay only. Then a mandate of seller shall accompany the produce with buyer to his refinery to witness the final assay at buyers refinery in XXX.We shall consider it a privilege entering into business with you.
WARRANTIES
The parties/signatories to this SPA Warrant and represent.
1: That they have full personal and corporate legal authority vested by them personally and by their corporation to sign / execute and to enter into this agreement.
2. That this transaction and terms hereof constitute a fully binding legal transaction and that respective signing parties hereof are aware that there is no known violation of any law by her or it by entering into this agreement. Any misrepresentation to this article will be deemed as fraud and will subject the guilty party to criminal prosecution under applicable law before a competent court, authority or tribunal.
3. Seller warrants that the commodity can be lifted without restrictions to anywhere in world.
4. Buyer warrants that it is financially capable of performing its obligations as required in this Agreement..
DEFAULT AND CLAIMS
Default and claim means failure to deliver the commodity as described in this agreement in the event either SELLER or BUYER cannot fulfil this agreement.
LETTER OF INDEMNTY
2: The wording of this Letter of indemnity shall conform to standard forms recommended by the ICC 500 under Geneva convention on International Trade and shall cease to have effect upon presentation of the original documents.
CLAIMS
Any claims that either party may have against the other party, other than PMMC Claims must be submitted to the other party with a period of ONE (1) month form’s the date of the event giving rise to such claims. Along with supporting documentation reasonably requested by other party. All claims, presented after the given date, will not be accepted and the claimant will have no right to apply for Arbitration.
All claims will be submitted in writing. Include supporting documentation reasonably requested by other party. And both parties agree to acknowledge such claims by written acceptance thereof.
NON CIRCUMVENTON NON DISCLOSURE CONFIDENTIALLY
The undersigned parties hereby certify that they are fully satisfied about the genuineness of the SELLER and BUYER.
The documents which are going to follow this Agreement like those listed herein above banking details and /or any information contained in such documents will not be passed, under any circumstance , onto another intermediary or broker or provider/financier or prior specific written consent of the party (s) providing such information.
This Agreement is made and entered into on this date, shall obligate the undersigned ,parent companies , any nominees ,representatives , successors ,clients and assigns hereinafter referred to as the parties jointly severally , mutually and reciprocally for the terms and conditions of expressly stated and agree below , and that this Agreement may be referenced from time to time in any documents, or written Agreements, the terms and condition of this Agreement shall apply to any exchange of information written or oral involving financial information. Personal or corporate names, contracts initiated by or involving the parties and any addition. Renewal, Extension, roll-over amendment, renegotiation or new Agreement hereinafter referred to as the transaction (project transaction) for any facility require.
EXCLUSIVITY OF AGREEMENT
This Agreement exclusive and assignable and exists solely for the benefit of the named Buyer and Seller. The Buyer shall provide a signed and completed copy of any assignment, conveyance, or transfer and send same to the Seller. Any such assignment. Conveyance or transfer of this Agreement and the right and responsibilities in connection with it by the Buyer Shall be demand valid and in full force
CONCLUSIONS DECLARATION AND SIGNATURES
This Agreement may be executed in multiple counterparts. Facsimile (EDT) copies of the signed Agreement are here by accepted as originals. And shall be deemed to be valid, effective and enforceable. The parties shall execute and distribute the original signed copies among themselves promptly following exchange of EDT Agreement.
This Agreement shall inure to and obligate the undersigned parties and their partners, associates, employers, affiliates, subsidiaries, parent companies. Any nominees, representatives, successors, clients and assigns, hereinafter referred to as the parties, jointly severally, mutually and reciprocally for the terms and conditions expressly stated and agreed to herein.
Each of the parties to this agreement confirms that it has full legal authority to execute this agreement and that each party is bound by terms and conditions as set forth herein, either as individual, corporate entity or on behalf of a corporate entity.
Each party to the other warrants, under penalty of perjury that to representation made in this contract is true and accurate to best of his knowledge and belief. Each party acknowledges that he makes, executes, and delivers this contract as his free act and deed.
This Agreement shall remain in Effect for Any icons either as This Contract and / or Deriving Form This Contract for a Period Up to 12Months
This contract must be signed in counterpart and will be lawful and fully effective even though signatures may not be placed at the same time and same location. The parties hereto have subscribed their signature and in doing so have understood. Agreed and accepted the terms and conditions as herein. They hereby affix their signatures below on each page on the space provided with the respective date. As shown on this contract.
IN WITNESS WHEREOF, the parties acknowledge that they have understood all the terms and conditions of this Agreement, and hereby agree to honour and to be bound all clauses with the privileges , right and immunities herein provided , making this Agreement effective on and as of the Effective Date upon signing by all parties.
Sworn, signed, and certified under the pains and penalties of perjury.
FOR & ON BEHALF OF (SELLER)
Signature
Company Name:ANTHONY O MINERAL METALS.
Full Name: MR. ONYEKA ANTHONY
Passport No : H0451960
Date: 24TH JANUARY, 2015
FOR & ON BEHALF OF (BUYER)
Signature
Company Name:
Full Name:
Passport No:
Date:
