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CONTRACT
No __________
Seoul, South Korea "____"________00
The present contract ("Contract") is made up and entered between the Company "UzHOLDCOMexpim Co.", hereinafter referred to as "SELLER", on behalf of Mr. Teshabayev M.M., General Director, acting under its Charter, on the one side, andthe Company "Lottetrading Co., Ltd.", hereinafter referred to as the " BUYER ", on behalf of Mr. Hyo Yong Back, acting under the authority of the Company norms and regulations , on the other side. "Supplier andBUYER ", hereinafter, are "PARTIES", singularly "PARTY";
Article 1. SUBJECT OF THE CONTRACT
1.1.TheSELLER is obliged to deliver to the " BUYER " fresh fruits, mainly of Melon and Pomegranate produced in the territory of Republic of Uzbekistan hereinafter referred to as "GOODS" and the " BUYER " is obliged to receive Goods and pay for them on the conditions of the present "CONTRACT".
1..The quantity, list of item and other features of Goods are to be defined in the Supplements to the present Contract which are the integral parts of the Contract and are to be signed by the Parties.
Article . The Responsibilities of Parties
.1.Shipment of the "GOODS" should be made in lots.
.1.1. SELLER 's responsibilities ;
.1.1.1.SELLER should supply fresh fruits which satisfy the quality standard set byBUYER .
.1.1..SELLER should deliver the goods in time and volumes as specified in the purchasing order sheet set byBUYER which is registered and attached to the "CONTRACT" before it is signed.
.1.1..SELLER should informBUYER of the farm(s) whichSELLER choose from where the goods are to be sourced as soon as possible.
.1.1.4.SELLER should manage and organize the works such as the harvest of fruit, packaging, transportation within the territory of Uzbekistan, export customs clearance, quarantine and sanitary activities and other necessary activities necessary for the export of "GOODS".
.1.1.5. "SELLER" organizes presentation of entry visas for necessary quantity of representatives arriving in Uzbekistan for participation in and inspection of all process of shipment on official request of the "BUYER".
.1.. BUYER 's responsibilities ;
.1..1.BUYER should specify and provide in time for the "SELLER" the quality standard including all needed standards of the "SELLER" for "GOODS" itself and other necessary standards which are needed for the proper packing, selection and classification of fruit.
.1...BUYER sends necessary quantity of official representatives to Uzbekistan to inspect the fruit in the territory of Uzbekistan at the time of harvest of fruit and at the time of packaging and shipment of "GOODS". Only after the approval and registration of necessary documents by theBUYER 's representative - inspector, those fruit as packaged can be delivered toBUYER . TheBUYER should bear the costs related with inspector's trip to Uzbekistan and his board and lodging in Uzbekistan.
Article . PRICES and Contract Value
.1. For this "CONTRACT", all price are set in US dollars and all mutual payments shall be made in US dollars.
..The price and weight of "GOODS" are defined as follows
..1.Pomegranate's price is ___ $ / Kg, CNF Inchon International Airport
...Melon's price is ____ $ / Kg, CNF Inchon International Airport.
...Weight of "GOODS" is meanto be their net weight without package.
.. The total value of the Contract makes up $ ,000,000 (three million US Dollars) and shall be based on the delivery conditions "CNF Inchon International Airport" (INCOTERMS-000).
Article 4. DATES OF DELIVERY
4.1. The delivery of Goods shall be made on conditions "CNF, Inchon International Airport" (INCOTERMS-000).
4.. TheSELLER shall make the first shipment as soon as possible from the day of getting information about the fulfillment of the payment byBUYER .
4.. TheBUYER shall be informed of the shipment of each lot by telephone or fax or via email within three days from the day of shipment (the day stamped on the bill of lading of the Goods)
4.4. The delivery date shall be considered to be the date of registration and signing of delivery receipt documents by official representatives inspectors of the "BUYER" on moment of transferring "GOODS" to the first carrier.
4.1. Deleted
4.5. Risk of losses and casual destruction of the Goods are transferred to SELLER.
4.6.BUYER becomes the owner of the Goods at the moment when the Goods are transferred to the avai-carrier at Inchon International Airport.
4.7. The final examination of Goods shall be made by theSELLER in cooperation with official representatives of the "BUYER" before the day of shipment.
4.8. Within (three) bank days from the day of shipment of each lot, theSELLER must submit to theBUYER the following documents
-bill of lading ( copies );
-commercial invoice ( copies );
-certificate of origin of Goods (1 copy);
-Packing list ( copies )
Article 5. TERMS OF PAYMENT
5.1. The BUYER makes 50 % advance payment from the coordinated monthly volume of shipments specified in Orders - specifications being the Appendix and integral part of the CONTRACT. And the rest of payment is made by BUYER for 1 (one) bank day forward before shipment of each party of GOODS.
5.. All expenses incurred by payments in the boundaries of Republic of Uzbekistan shall be covered by theSELLER .
All expenses that might occur in the bank of theBUYER , as well as in the territory of the Republic of Korea shall be paid by theBUYER .
5.. If there will occur some changes from the side of "SELLER", not envisaged by the present Contract, then these changes shall be made at the expense of theSELLER .
5.4. All transportation costs from Uzbekistan to the Republic of Korea and customs clearances associated with export ofGOODS from Uzbekistan to South Korea shall be paid by theSELLER .
5.5. All payments for customs taxes and duties, as well as for other charges on the territory of the Republic of Korea shall be borne by theBUYER . TheBUYER shall also pay for the acceptance of the goods and unloading procedure at the point of destination.
Article 6. UNSATISFACTORY WORK CLAIMS
6.1.In case the works done bySELLER do not meet quality requirement of theBUYER , theBUYER shall have the right to raise a unsatisfactory work claims. Such claims shall be made in writing by theBUYER without delay from the occurrence of such situation.
6.. TheSELLER shall check the claim and inform theBUYER about its decision within 7 (seven) days from the date of receipt of such a claim. If, within this period, no response is received, it will mean that all claims are accepted by theSELLER and theBUYER can address all its expenses to theSELLER .
6.. TheSELLER is obliged to pay theBUYER all expenses on unsatisfactory work claims within 0 days from the receipt of claims.
Article 7. FOCEMAJEURE
7.1. The parties shall be released from their responsibilities for partial or completely for the non execution of their liabilities, if this non-execution is caused by force majeure natural disasters, flood, fire, earthquake, epidemics, hurricanes, blockades, prohibition of export and import, national and industrial strikes, changes in juridical system, actions/inaction of government.
7.. The Party which is unable to fulfill its obligations must inform immediately in writing the other Party of the type of force-majeure and the estimated impact on the execution of the Contract obligations in due time.
7.. The absence of a force-majeure notification or a delayed notification, as well as the absence of the documentary confirmation, specified in the item 7.. of the present Contract, deprives the party of the right to appeal to any of the above circumstances as to the reason not to be responsible for the non-execution/poor execution of its obligations. The party affected by force-majeure must confirm the situation by the certificate issued by the Chamber of Commerce or by other official document issued by other national competent agency or organization.
7.4.In case any of the above circumstances affect execution of liabilities by the date fixed in the Contract, then this date will be postponed for the period of duration of the force majeure circumstance.
7.5.When force-majeure conditions affect the "PARTY", the Party concerned must immediately inform in writing the other Party. The notification must indicate the estimated date of execution of the Contract liabilities.
Article 8. RESOLUTION OF DISPUTES AND DISAGREEMENTS
8.1.In case of any disputes or disagreements that might occur under the present Contract, the Parties shall take all possible measures to resolve them through negotiations.
8..If the resolution of disputes through negotiations is not possible, they will be settled judicially at the place of the defendant's place.
Article . TERM OF THE CONTRACT
.1.The Contract comes into force from the date of its signing by both Parties (date of the Contract making).
..The present Contract is valid for one year from the date of its signing.
..The Contract can be cancelled on mutual agreement by the Parties.. To cancel the Contract the Parties must complete mutual payments as conditioned by the Contract.
Article 10. CLOSING PROVISIONS
10.1.Any changes or amendments to the Contract are considered valid if they are made in writing and signed by the Parties.
10..After signing of the Contract all previous agreements or correspondence are not valid any more.
10..All correspondence and notification, associated with the Contract shall be in English and send to the Parties either by messengers (for registered letters) or by telex, telegraph or electronic facsimile, with all postal charges already paid off.
10.4.Neither of the Parties shall give its rights and obligations to the third party without a written consent from the other Party.
IN WITNESS WHEREOF, the duly authorized representatives of Parties have signed this Contract.
LEGAL ADDRESSES AND BANK REQUISITES OF PARTIES
The Supplement No.1
"the Purchasing Order and Delivery procedure"
Supplement No.
The quality standard set byBUYER
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