gafta contract no100（散裝飼料cif合同）

1、100/1Effective 1st January 2003Gafta No.100CopyrightTHE GRAIN AND FEED TRADE ASSOCIATIONCONTRACT FOR SHIPMENT OF FEEDINGSTUFFSIN BULKTALE QUALE - CIF TERMS*delete/specify as appropriate Date..............................

2、..........................SELLERS ............................................................................................................................................................... 1 2INTERVENING AS BROKERS.

3、................................................................................................................................... 3 4BUYERS...............................................................................

4、................................................................................... 5have this day entered into a contract on the following terms and conditions. Wherever the word “cakes“ is used, this is agreed to mean

5、 6 goods of the contractual description. 7 81. GOODS- .......................................................................................................................................................... 9Broken ca

6、kes and/or meal in a proportion, having regard to the characteristics of the goods and methods of handling, to be taken and 10 paid for as cakes. Goods in bulk but Buyers agree to accept up to 15% in stowage bags, such

7、bags to be taken and paid for as cakes 11 and any cutting to be paid for by Buyers. Sellers have the option of shipping the whole or part of the quantity in excess of 15% in 12 bags, in which case the excess over 15% sh

8、all be delivered in bulk and Sellers shall be responsible for cutting the excess bags which 13 remain their property. 14 152. QUANTITY- ....................................................................................

9、.......................................... 2% more or less. 16Sellers shall have the option of shipping a further 3% more or less than the contract quantity. The excess above 2% or the deficiency 17 below 2% shall be set

10、tled on the quantity thereof at shipment at market value on the last day of discharge of the vessel at the port of 18 destination; the value to be fixed by arbitration, unless mutually agreed. Should Sellers exercise th

11、e option to ship up to 5% more, the 19 excess over 2% shall be paid for provisionally at contract price. The difference between the contract price and the market price 20 calculated in accordance with the provisions of

12、this clause shall be adjusted in a final invoice. In the event of more than one shipment 21 being made, each shipment shall be considered a separate contract, but the margin of the mean quantity sold shall not be affecte

13、d 22 thereby. 23 243. PRICE AND DESTINATION - At ........................................................................................................................ 25* per tonne of 1000 kilograms } 26} gross weig

14、ht, cost, insurance and freight to ....................................................... 27* per ton of 1016 kilograms or 2240 lbs. } 28 294. BROKERAGE………………………………per tonne, to be paid by Sellers on the mean con

15、tract quantity, goods lost or not lost, 30 contract fulfilled or not fulfilled unless such non-fulfilment is due to the cancellation of the contract under the terms of the 31 Prohibition or Force Majeure Clause. Brokera

16、ge shall be due on the day shipping documents are exchanged or, if the goods are 32 not appropriated then brokerage shall be due on the 30th consecutive day after the last day for appropriation. 33 345. QUALITY- 35*

17、Warranted to contain ............................................................................................... at time and place of discharge. 36 37Not less than ………………..% of oil and protein combined, and not more

18、than 2.50% of sand and/or silica. Should the whole, or 38 any portion, not turn out equal to warranty, the goods must be taken at an allowance to be agreed or settled by arbitration as 39 provided for below, except that

19、for any deficiency of oil and protein there shall be allowances to Buyers at the following rates, 40 viz.: 1% of the contract price for each of the first 3 units of deficiency under the warranted percentage; 2% of the co

20、ntract price 41 for the 4th and 5th units and 3% of the contract price for each unit in excess of 5 and proportionately for any fraction thereof. 42 When the combined content of oil and protein is warranted within a mar

21、gin (as for example 40%/42%) no allowance shall be made 43 if the analysis ascertained as herein provided be not below the minimum, but if the analysis results are below the minimum 44 warranted the allowance for deficie

22、ncy shall be computed from the mean of the warranted content. For any excess of sand and/or 45 silica there shall be an allowance of 1% of the contract price for each unit of excess and proportionately for any fraction t

23、hereof. 46 Should the goods contain over 5% of sand and/or silica the Buyers shall be entitled to reject the goods, in which case the contract 47 shall be null and void for such quantity rejected. 48 49The goods are war

24、ranted free from castor seed and/or castor seed husk, but should the analysis show castor seed husk not 50 exceeding 0.005%, the Buyers shall not be entitled to reject the goods, but shall accept them with the following

25、allowances: 0.75% 51 of contract price if not exceeding 0.001%, 1% of contract price if not exceeding 0.002%, and 1.50% of contract price if not 52 exceeding 0.005%. Should the first analysis show the goods free from ca

26、stor seed and/or castor seed husk such analysis shall be 53 final but in the event of the first analysis showing castor seed husk to be present a second sample may be analysed at the request of 54 either party and the me

27、an of the two analyses shall be taken as final. Should the parcel contain castor seed husk in excess of 55 0.005% Buyers shall be entitled to reject the parcel, in which case the contract shall be null and void for such

28、 quantity rejected. 56100/3(i) In the event of less than 95 tonnes being tendered by any one vessel Buyers shall be entitled to refund of any proved extra expenses 125 for sampling, analysis and lighterage incurred ther

29、eby at port of discharge. 12612711. PAYMENT- 128(a) Payment ……………………………………………………………..………. % of invoice amount by cash in ............................... 129* In exchange for and on presentation of shipping documents; 130

30、* In exchange for shipping documents on or before arrival of the vessel at destination, at Buyers' option; 131Sellers, however, have the option of calling upon Buyers to take up and pay for documents on or after....

31、............................... 132consecutive days from the date of the bill(s) of lading. 133 134(b) Shipping documents – shall consist of - 1. Invoice. 2. Full set(s) of on board Bill(s) of Lading and/or Ship’s Deliv

32、ery 135 Order(s) and/or other Delivery Order(s) in negotiable and transferable form. Such other Delivery Order(s) if required by Buyers, 136 to be countersigned by the Shipowners, their Agents or a recognised bank. 3.

33、Policy (ies) and/or Insurance Certificate(s) and/or 137 Letter(s) of Insurance in the currency of the contract. The Letter(s) of Insurance to be certified by a recognised bank if required 138 by Buyers. 4. Other docum

34、ents as called for under the contract. Buyers agree to accept documents containing the Chamber of 139 Shipping War Deviation Clause and/or other recognised official War Risk Clause. 140(c) In the event of shipping docu

35、ments not being available when called for by Buyers, or on arrival of the vessel at destination, 141 Sellers may provide other documents or an indemnity entitling Buyers to obtain delivery of the goods and payment shall

36、be made 142 by Buyers in exchange for same, but such payment shall not prejudice Buyers’ rights under the contract when shipping documents 143 are eventually available. 144(d) Should Sellers fail to present shipping docu

37、ments or other documents or an indemnity entitling Buyers to take delivery, Buyers 145 may take delivery under an indemnity provided by themselves and shall pay for the other documents when presented. Any 146 recoverable

38、 extra expenses, including the costs of such indemnity or extra charges incurred by reason of the failure of Sellers to 147 provide such documents, shall be borne by Sellers, but such payment shall not prejudice Buyers’

39、rights under the contract when 148 shipping documents are eventually available. 149(e) Should shipping documents be presented with an incomplete set of bill(s) of lading or should other shipping documents be 150 missing,

40、 payment shall be made provided that delivery of such missing documents is guaranteed, such guarantee to be 151 countersigned, if required by Buyers, by a recognised bank. 152(f) Costs of collection shall be for account

41、of Sellers, but if Buyers demand presentation only through a bank of their choice, in 153 that event any additional collection costs shall be borne by Buyers. 154(g) No obvious clerical error in the documents shall entit

42、le Buyers to reject them or delay payment, but Sellers shall be responsible 155 for all loss or expense caused to Buyers by reason of such error and Sellers shall on request furnish an approved guarantee in 156 respect t

43、hereto. 157(h) Amounts payable under this contract shall be settled without delay. If not so settled, either party may notify the other that a 158 dispute has arisen and serve a notice stating his intention to refer the

44、 dispute to arbitration in accordance with the Arbitration 159 Rules. 160(i) Interest – If there has been unreasonable delay in any payment, interest appropriate to the currency involved shall be charged. 161 If such ch

45、arge is not mutually agreed, a dispute shall be deemed to exist which shall be settled by arbitration. Otherwise interest 162 shall be payable only where specifically provided in the terms of the contract or by an award

46、 of arbitration. The terms of this 163 clause do not override the parties’ contractual obligation under sub-clause (a). 164165 12. DUTIES, TAXES, LEVIES, ETC.- All export duties, taxes, levies, etc., present or future,

47、 in country of origin, shall be for Sellers' 166 account. All import duties, taxes, levies, etc., present or future, in country of destination, shall be for Buyers' account. 167168 13. DISCHARGE- Discharge shall

48、 be as fast as the vessel can deliver in accordance with the custom of the port, but in the event of 169 shipment being made under liner bill(s) of lading, discharge shall be as fast as the vessel can deliver in accordan

49、ce with the terms of 170 the bill(s) of lading. The cost of discharge from hold to ship's rail shall be for Sellers' account, from ship's rail overboard for Buyers' 171 account. If documents are tendere

50、d which do not provide for discharging as above or contain contrary stipulations, Sellers shall be 172 responsible to Buyers for all extra expenses incurred thereby. Discharge by grab(s) shall be permitted unless specif

51、ically excluded at 173 time of contract. If shipment is effected by lash barge, then the last day of discharge shall be the day of discharging the last lash barge 174 at the port of destination. 175 176 14. WEIGHING-th

52、e terms and conditions of GAFTA Weighing Rules No. 123 are deemed to be incorporated into this contract. 177 Unless otherwise agreed, final settlement shall be made on the basis of gross delivered weights at time and pla

53、ce of discharge at 178 Buyers’ expense. If the place of destination is outside the port limits, Buyers agree to pay the extra expenses incurred by Sellers 179 or their agents for weighing. No payment shall be made for i

54、ncrease in weight occasioned by water and/or oil during the voyage. 180 If final at time and place of loading, as per GAFTA registered superintendents’ certificate at Sellers’ choice and expense, (in 181 which case the D

55、eficiency Clause will not apply). 18218315. DEFICIENCY- Any deficiency in the bill of lading weight shall be paid for by Sellers and any excess over bill of lading weight 184shall be paid for by Buyers at contract pric

56、e, (unless the Pro-rata clause applies). 185186 16. SAMPLING, ANALYSIS AND CERTIFICATES OF ANALYSIS- the terms and conditions of GAFTA Sampling Rules No.124, 187 are deemed to be incorporated into this contract. Samples

57、shall be taken at the time of discharge on or before removal from the 188 ship or quay, unless the parties agree that quality final at loading applies, in which event samples shall be taken at time and place 189 of loadi

58、ng. The parties shall appoint superintendents, for the purposes of supervision and sampling of the goods, from the GAFTA 190 Register of Superintendents. Unless otherwise agreed, analysts shall be appointed from the GAFT

59、A Register of Analysts. 191 192 17. INSURANCE- Sellers shall provide insurance on terms not less favourable than those set out hereunder, and as set out in detail in 193 GAFTA Insurance Terms No.72 viz.:- 194 (a) Risks C