atsicom-cvc-fco
TRANSCRIPT
FCO/Ref- N°:AA-1056#
Attn: Mr. Prakash Ashara.
FULL CORPORATE OFFER (FOB).
Whereas, Seller has complete full authority to sell Aurum Utalium (AU) Gold Dusts/Dory bars/Nuggets and
Buyer is able, willing to purchase, parties hereto entering into this sales, and buyers Contract for and in
consideration of the undertaking described in this agreement hereby agree as follow.
PRODUCTS.
Our type of Gold, Aurum Utalium (AU) metal 22 carat + and dust with purity, 95% purity or + fineness, 100% to
be paid after a full assay is performed.
CAPTION.
When the seller confirms/states and warrants that the TITLE of the Aurum Utalium (AU) Gold Bars to be sold is
free of lien, clear of criminal origin, Terrorist, and not encumbered, the TITLE to the Gold Dusts/Dory
bars/Nuggets shall be handed over to the Buyer.
DELIVERY TERMS
1. Our Gold Dusts/Dory bars/Nuggets, the price is $22,500.00 per kilogram on FOB sales procedures.
First tranches of XXX to 250 kilograms and trial tranche maximum purchase tranches of 250
kilograms including pre smelting cost of Gold Dusts into mini bars before shipment to Buyer’s
designated refinery Free Trade Zone as Republic of Mali Government new law. 2. The delivery terms for the SPA shall be on a FOB basis to the country of Gold Origin.
3. The Buyer will be responsible to pay all costs and expenses of transport the gold to buyer’s chosen
refinery, cost of export documentation fees, taxes and standard fees.
4. The cost of transport to the refinery, taxes and duties in the country of refining will be paid by the
Buyer.
5. The Gold will be deposited into the account of the Buyer at the refinery and, once the Gold bars has
been refined and hallmarked, the Seller will sell the refined Gold at the agreed price of: $22,500 per
kilo.
6. The Gold shall immediately be sent to the Refinery by security van which shall be arranged by Buyer
the moment it arrives. The Refinery Assay report shall take place not less than 48 Hours depends on
the quantity and Payment as Swift shall be made within 72 hours.
7. The Air Waybill has to contain the following handling information shall bear the Name of Consignee as;
……………………………………………………………………….. 8. THE BUYER WILL SEND HIS PASSPORT PHOTO COPY TO THE SELLER TO ISSUE MALI ENTRY VISA FOR HIM / HER IF
NECESSARY.
9. The buyer will take the responsibility of the seller or the seller representative who will accompany the
buyer to the chosen refinery for final assay and confirmation of payment. 10. Buyer will allow the seller or seller representative to witness the gold being smelt in the buyer refinery.
FCO/Ref- N°:AA-1056#
Commodity specifications and quantity: A) COMMODITY: Aurum Utalium (AU).
B) FORM: Gold Bars
C) PURITY: 95% plus
D) FINENESS: 22+ Carats plus.
E) ASSAY: To be determined by buyer’s chose Refinery.
F) ORIGIN: Mali
G) PACKING: Standard Export Package Boxes
H) QUANTITY: 475 KG
I) INITIAL DELIVERY; 100 KG - 350KG
J) SUBSEQUENT TRANCHES: 150 KG /month.
K) Delivery Destination: Buyer’s chosen refinery DURATION & PACKAGING.
HEREIN Aurum Utalium (AU) Gold Dusts/Dory bars/Nuggets is packed in boxes as may be specified, and
contract will roll/extensions for certain number of years or more to be shipped on monthly basis, for example
xxx kg and 150 kg monthly per yearly. VERIFICATION.
Both parties are to make verification of documents and will physically confirm the Aurum Utalium (AU) Gold
Dusts/Dory bars/Nuggets between the two parties. Our company’s “policy implies knowing your
customer/clients policy”, therefore, if we are really to do business as you readily had shown interest, both
parties must meet face to face together with your prospective Buyers here in Mali to familiarize ourselves,
exchange information by interactive, then, move to the refinery for a clear purity test of what our
representative will provide, or what the Buyer may take back to his country from Mali Gold Origin.
FULL PAYMENT METHODS.
1. Payment shall be made after the Final Assay Report which is issued by the Nominated Refinery; the
payment shall be made to the Seller's Bank Account, as follows:
2. After the testing result comes out, the buyer should make the payment according to the total
quantity before refining and the actual purity that was analyzed by the refinery. (Payment should be
made after presentation of the testing result from refinery
3. The agreed price shall be paid in full by Buyer via T/T (Telegraphic Transfer) within three (3) banking
days on final assay report stating the purity not less than92.0%. After the Buyer has paid the full
amount by T/T, the Seller shall give the Buyer original copy of the final assay report.
4. If the assay report stated the purity less than 92.0%, the price contracted shall be decreased by US$
250 (Two Hundred and Fifty US Dollars) per KG for each 1% down.
5. When the purity is less than 85% as “Commodity Specifications” stated, the Buyer can choose to
reject the shipment or re-negotiate the price with the Seller. In case that the shipment is rejected,
the Seller will compensate the Buyer for all the cost.
FCO/Ref- N°:AA-1056#
6. If the Assay Report stated the purity is not less than 92.0%, but the Buyer fails to honor T/T payment
within three (3) banking days after the assay report date, the Seller is eligible to claim the payment
by Bank Check.
7. The Seller and Buyer agree to accept the final assay report from the Buyer appointed Refinery and
payment of each lifting after final assay of AU metal base on the agreed and accepted price per kilo.
DOCUMENTS AND PROCEDURE:
Each shipment and delivery shall be identified with all assigned contract reference codes and numbers.The
following documents will be issued prior to shipping and arrival of the Aurum Utalium (AU) Gold Dusts/Dory
bars/Nuggets:
1.Three originals of Commercial Invoices in favor of the Buyer
2.Certificate Of Origin
3.Certificate Of Ownership
4.Government assay report
5.Customs Declaration Form(s) (supplied by Buyer, if applicable)
6.Declaration that the gold is free and clear and of non-criminal origin,
unencumbered and free of any liens, and is transferable and exportable
7.Export Permit, Original copy of the Airway bill
8.Full set Airway bill, marked "air freight Pre-paid"
9.Flight number and date of arrival
10.Gross weight and net weight and weigh bill.
EXECUTION OF THIS CONTRACT
By signing below, both parties abide by their corporate and legal responsibility, and execute this contract
under full penalty of Perjury.
DIRECT SELLER. BUYER.
CVC Trading Corporation Mali Sarl Company:
Rep: Mr. Cemil Ustun Rep:
PP / ID No: AD7625/09 PP / ID No:
(President Director General). Possition:
Signature. Signature.
Date: 21th August, 2010. Date: xxth August, 2010.
Mr. Wologam Thiam
(Head Of Operation)