Packing and marking

TERMS OF DELIVERY

Upon receiving the L/С from Prime World Bank to the Sellers Bank, the Sellers undertake to start delivering within 7 days from the date of Bank confirmation.

Port of loading will be NAFPLION or DYTHION unless loading as this port cannot be performed.

The Sellers will send to the Buyers within 24 hours after departure of each shipment via fax: Bill(s) of lading; Original invoice(s).

The date of the Bill of lading is to be considered as the date of delivery of the goods.

In general delivery of the goods under the present Contract shall be effected within the

dates, stipulated between the Seller and the Buyer accordingly.

PACKING AND MARKING

The packing shall secure full safety of the goods and protect them against any damage during the transportation by all means of transport to the place of delivery taking into account transhipments. The Sellers shall execute the present contract in wooden boxes with wooden pallets.

Either way the goods will be sold on net weight basis.

On every shipment the Sellers will include a sufficient number of empty wooden boxes to cover possible damages during unloading. These empty wooden boxes will be mentioned on the Bills of lading.

The packing will be marked in accordance to the EEC export regulations.

5. QUALITY AND ASSORTMENT OF THE GOODS

The citrus fruits under the present Contract shall be of high export quality, fresh picked, sound, clean, carefully cut off, not infected and damaged by agricultural pests and diseases, of natural colour for the given variety, of standard from, with smooth surface, picked in such a state which allow them to be fit for human consumption.

The quality of the citrus fruits is to be confirmed by the certificates of inspection and Phitosanitary certificates issued by the respective State body in the Seller's country.

6 ACCEPTANCE OF THE GOODS

Quantitative acceptance of the goods shall be made by the Buyers' representative at the port of loading, the representative having the right to examine and weight any package. The Buyers' representative has also a right to prohibit the shipment of packages or parts of cargoes, the quantity of which will be found as nonconforming to the terms of the present Contract. His instructions are obligatory for the Seller.

Since a part of cargo is loaded for the shipment with consent of the Buyers' representative, it is automatically accepted by the Buyers' as per official documents that will accompany the goods, the quantity loaded.

Qualitative acceptance of the goods by the Buyer will be performed at the place of port but in any case not later than five (5) days after the arrival of the ship at the port of destination.

Due to the nature of the cargo both parties agree that the maximum acceptable limits for quality/quantity deviation in the port of unloading from those, stated in the forwarding documents, subject the Buyers will berth vessel safely within 5 working days after the notice of readiness, given by the Master, are the following: waste - up to 2%; weight loss - up to 2%.

Any increase over these limits, stated during unloading in the inspection report, issued by experts of the Chamber of Commerce of RUSSIA, will be deduced from the amount of the invoice in the final settlement.

In case the Buyers fail to berth the vessel within the stipulated time, then the Sellers will not be held liable for any deterioration and/ or weight loss of the fruits and the Buyers will accept the cargo under their full responsibility.

7. PAYMENT

Payment for the goods, delivered under the present Contract irrevocable, confirmed L/C after the issue of Certificate from the Commercial Chamber of Russia, transfer by the Buyers in favour of the Sellers for the agreed amount.

BANK OF ATTIKA, AGIA PARASKEVI BRANCH GREECE, ATHENS to Account # 01626683117176 Swift # ATTIGRAA.

The Sellers have the obligations to present the following documents to their Bank:

• 1/3 Original ВШ of Lading, issued in the name of the Buyers.

• Sellers commercial invoice.

• Phitosanitary certificate (copy).

• Certificate of origin (copy).

• Insurance policy (copy).

All bank charges including bank commission levied on the Sellers' territory to be for the Sellers' account and the other for the Buyers' account.

Documents required to accompany hip are

• 2/3 Bill of Lading (Original).

• Phitosanitary certificate(Original).

• Certificate Invoice (Original).

8. TRANSPORT CONDITIONS

After vessel's (suitable for safe transport of oranges) sailing from loading port
Master/Owners should give 3 days, 2days, 24 hours notice of vessel's ETA to VOLSKI Port
of Russia.

Buyers undertake to discharge cargo at their risks and expenses from vessel's halts at the

rate of 3 weather working days.

Sundays and holidays exempted, even if used.

Saturdays and day before holidays to count as 3/4 of a day. On Mondays and day following holidays laytime not to count before 8.00 hours.

Lay time: to commerce to count at 13.00 hours if the notice of readiness of the vessel to discharge is given to the Buyers' agents before noon and at 8.00 hours next working day if notice of readiness is given during office hours afternoon. The notice of readiness will be given after vessel's arrival at pilot stations of discharging port. Master can give this notice even by cable.

Time lost in waiting for berth to count as laytime.

Once the allotted time for discharging (lay days) has been used and vessel goes into demurrage all subsequent/consecutive days after expiration of lay days, including all exempted periods such as Saturdays, Sundays, holidays, bad weather, rain, snow, etc. are regarded as days of demurrage.

The amount of the demurrage is fixed at the rate of 1500 US Dollars per day or per part of the day at Buyers expenses Same applies for the Seller for the loading.

ARBITRATION

All disputes and differences which may arise out of the Contract or in connection with it are to be settled in accordance with the Greek law in Greek court.

Submission of dispute under this Contract to general courts is excluded.

10. FORCE MATEUR E

Neither party shall bear responsibility for complete or partial non-performance on any of its obligations if it is a result of such cireumstarfces as:

flood, fire, earthquake and other acts of God as well as war or military operations arisen after the conclusion of the Contract.

11. FINAL SETTLEMENT

In view of the fact that citrus exports are subsidised by EEC, it is the obligation of the Buyers within 30 days after the vessel left the port of unloading to return to the Sellers as proof of their export to the CIS following documents, covering the entire quantity of the

vessel:

• Customs Clearance certificate for the entire quantity duly signed and stamped by the customs authorities. In case that the above certificate is not issued and sent to the Sellers, the Buyers must pay the 75% of the cargo value (C.I.F.) in US Dollars.

• Certificate of discharge signed and stamped by the port Authorities as well as the Buyers. (This certificate will have the Following text:

«We hereby certify that cargo of oranges is of Greek origin and loaded by D.A.T.E. Co.

D.CHIONIS-A.VAFEAS EXPORT - IMPORT on board M/V «............................................».

The cargo gross weight is.......................... kg and its net weight is..................... kg. The cargo

was received by «........................................» and delivered to CIS for human consumption»).

• The «Act experience» certificates stamped by the quarantine service.

12 OTHER CONDITIONS

After singing of the Contract all previous negotiations and correspondence relative, verbal or written are considered null and void.

All modifications and addenda to this Contract cannot be inserted in another but written way and bearing the signatures of both parties.

The Sellers are to secure for their account the export licenses and permits required for the exportation of the goods to the country of destination as well as all certificates stipulated in the Contract and pay all taxes and fees collected in the Sellers' country.

This Contract is signed in two copies in ENGLISH.

13. LEGAL ADDRESSES OF THE PARTIES

SELLERS: 99, Vas. Konstantinou St, 152 - 32, Halandri, Athens, Greece.

BUYERS:

SELLERS

BUYERS

Дата добавления: 2015-11-16