FEDERATION OF OILS, SEEDS AND FATS ASSOCIATIONS LIMITED
FOSFA INTERNATIONAL
CONTRACT FOR CANADIAN RAPESEED
CIF/C&F TERMS
Revid and Effective
from 1st October 2006
Reference Nos SELLERS:. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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BUYERS:. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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BROKERS:. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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Date: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
*An asterisk denotes alternative wording, and should be matter of agreement between the parties.
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Sellers have agreed to ll and Buyers have agreed to buy . . . . . . . . . . . . . . . . . . . . . . . . . . . say . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . tons of 1000 kilos股东证明
CANADIAN RAPESEED in bulk including dockage
at . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . say . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
weight to . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . as per Bill/s of Lading dated or to be dated during. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . from. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Payment in. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . as per Payment Clau. Sellers may ship the usual proportion in bags for stowage purpos, such bags to remain the ship’s and/or Sellers’ property.
1.TOLERANCE:Sellers have the option of shipping 5% more or less on contract quantity, excess or deficiency over 2% to be ttled at the *CIF/C&F market price on Bill of Lading date; if the quantity is shipped in more than one ship, ttlement is to be made at the market price on the date of the last Bill of Lading. Such market price to be fixed by arbitration unless mutually agreed.
In the event of more than one shipment being made each shipment is to be considered as a parate contract but the tolerance on the mean contract quantity is not to be affected thereby.
No payment shall be made for increa in weight occasioned by water and/or oil during the voyage. In ca of a accident (pumping up ed excepted) causing a deficiency on invoice weight, provisional invoice quantity to be final, except when such deficiency cannot be accounted for by the nature of the accident and is not recoverable from the underwriters.
2.QUALITY AND CONDITION:Quality, Condition, Grade, Dockage to be final on shipment as per Official Inspection and Grading Certificate.
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Oil Content final as per letter provided by the Canadian Grain Commission. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Dockage is not to exceed . . . . . . . . . . . % and excess dockage over . . . . . . . . . . . % to be allowed in full by Sellers to Buyers on the basis of . . . . . . . . . . . . . % for . . . . . . . . . . . %, fractions in proportion.
The oil content shall be basis . . . . . . . . . . . % oil.
The Buyer shall not be entitled to reject a tender at contract price of a higher grade of ed of the same description.
3.WARRANTY:The ed is not warranted free from defect rendering it unmerchantable which would not be apparent on reasonable examination.
4.SHIPMENT AND CLASSIFICATION:Shipment in good condition, direct or indirect, with transhipment (so long as a through Bill of Lading is provided) or without transhipment, in ship/s (tankers excluded), classified not lower than Lloyds 100 A1 or equivalent classification in any other recognid Register. The Bill/s of Lading to show the hold/s in which the goods are stowed. For the purpo of this contract, the word ship or ships are intended to include any first class steamer and/or power engined ship/s (excluding tankers and/or oil compartments of ore/oil carriers) of top classification in any recognid Register. Should any of the within mentioned quantity form part of a larger quantity of the same grade, dockage and oil content shipped on board the ship in the same or a different period of shipment, a paration or distinction shall not be necessary.
5.DECLARATION OF SHIPMENT:Notice stating ship’s names, date of Bill/s of Lading and approximate quantity shipped shall be despatched by first Sellers to their Buyers not later than 7 days after the date of the Bill/s of Lading. Notices by intermediate Sellers shall be accepted by their Buyers although received by them after such time, if from the 7th day after the date of the Bill/s of Lading such notices have been pasd on with due despatch. The date of the ‘on board’Bill/s of Ladi
ng shall be considered proof of the date of shipment in the abnce of conclusive evidence to the contrary. Notices shall be deemed to be under rerve for errors and/or delays in transmission. Any slight variation in the ship’s name shall not invalidate the declaration. A valid declaration cannot be withdrawn except with the Buyers’ connt. Should the ship arrive before receipt of declaration of shipment and extra expens be incurred, such expens are to be paid by Sellers. Prentation of documents does not constitute a notice under the terms of this clau.
The provisions of this clau to be inoperative if the goods have been sold afloat.
水洼的意思6.EXTENSION OF SHIPMENT:The period herein specified within which Bill/s of Lading must be dated shall be deemed to include an additional period not to exceed 8 days, when so desired by the Shipper, provided he gives his Buyer notice of his intention to claim additional days by any means of rapid written com-munication (E-mail excluded) nt not later than the business day following the last day included in the originally stipulated period for shipment (such notice shall be pasd on by other Sellers to their Buyers respectively in due cour after receipt). Such notice need not state the number of additional days claimed by the Seller and the Seller may ship at any time within 8 additional days. The Seller, however, shall make an allowance to the Buyer, to be deducted in the invoice from the con-tract price, bad on the number of days by which the originally stipulated perio
d is exceeded, as follows:— For 1, 2, 3 or 4 additional days, ½ % of the gross CIF/C&F price. For 5 or 6 additional days, 1% of the gross CIF/C&F price. For 7 or 8 additional days, 1½ % of the gross CIF/C&Fprice. If, however, after having given notice to the Buyer as above, the Seller fails to make shipment within such 8 days, then the contract shall be deemed to have called for shipment during the originally stipulated period plus 8 days, at contact price less 1½ % and any ttlement for default shall be calculated on that basis.
7.EXPORT/IMPORT DUTIES:All export duties, permits and similar requirements to be for Sellers’ account; all import duties, taxes, dues, permits to be for Buyers’ account.
8.PAYMENT AND SHIPPING DOCUMENTS:Payment to be made by Buyers in the above-named place for 98% of invoice amount by cash in exchange for a complete t of shipping documents with or without oil copy certificate on or before arrival of the ship at destination. The oil certificate to be forwarded on receipt from Canadian Grain Commission along with any ttlement for excess or deficiency in oil content.
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*delivered shipping *cost insurance and freight cost and freight
Otherwi. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . Should documents be prented with incomplete t of Bill/s of Lading, payment shall be made provided the delivery of the remaining copies of Bill/s of Lading, in due cour after receipt, be guaranteed. Such guarantee to be guaranteed by Bankers if required by Buyers. Sellers have the option of tendering Delivery Order/s to be guaranteed by Banker, Ship’s agent, Captain or Mate, if required by Buyers. Notice to retire documents shall be given by Buyers before 11.30 hours on day of payment. When payment becomes due on a non-business day, Sellers have the right to prent documents on the preceding business day for payment after banking hours.
Final ttlement to be effected when final weights and oil content are known.
Payment shall not be deemed to have been effected before receipt of cleared funds by the payee or his bank. If payment is agreed to be by bank transfer, the party shall effect payment to the payee’s bank on or before the due date for payment and payment instructions shall specify a value date not later than the cond bank working day after the day of payment.
9.UNASCERTAINED GOODS:In every instance where a parcel of goods sold by this contract forms an unidentified part of a larger identified quantity of goods of the same description, whether in packages or in bulk, no paration or distinction shall be necessary and, until paration and identifi
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cation of the parcel sold hereby from the larger quantity has taken place, the Buyer of the parcel is a pro rata owner of the whole of the larger quantity in common with Seller/s and Buyer/s of other parts of the larger quantity.
10.PRO RATA:
(a)Receivers Pro Rata
Should any of the above-mentioned quantity form part of a larger quantity of the same or different period of shipment and of similar quality, no paration or distinction shall be necessary.
All loo collected, damaged and sweepings and any excess or deficiency in the quantity delivered at the port of discharge, shall be shared by and apportioned pro rata between the various receivers thereof buying under contracts containing this clau, and any of them receiving more or less than his pro rata share or apportionment shall ttle with the other or others of them for the same in cash at the market price on the last day of discharge (such price to be fixed by arbitration unless mutually agreed).
In the event that an allowance is due from or to the Buyers in respect of any quality guarantees at discharge, same shall be ttled on the basis of the actually delivered weight.
(b) Shippers Pro Rata
In the event that the goods are or become co-mingled, and that the goods are shipped by more than one shipper and destined for one or more ports of discharge then, after adjustment between receivers if any under the terms of (a) above in this clau the Shippers shall ttle pro rata between themlves in proportion to their Bill of Lading quantities. Such ttlement shall be made in cash and in the event of two or more discharging ports being involved, then the ttlement price shall be the average of the market prices on the last day of discharge in the respective ports, (such price to be fixed by arbitration unless mutually agreed). All Shippers, Sellers and Buyers of any part of such larger quantity as aforesaid under contracts containing this clau shall be deemed to have entered into mutual agreement with one another to the above effect and to agree to submit to arbitration all questions and claims between them or any of them in regard to such pro rata sharing or ttlement as aforesaid in accordance with the Rules of Arbitration and Appeal of the Federation. All Shippers, Sellers and Buyers shall give all reasonable assistance in ascertaining the pro rata. All Sellers shall be responsible for the ttlement of the pro rata by the respective Buyers within a reasonable time.
11.INSURANCE:*Sellers to give policy/ies and/or certificate/s and/or approved letter/s of insurance effected with the first class underwriters (for who solvency Sellers are not responsible) with claims
payable in London in accordance with the Institute/FOSFA Trades claus (C) for not less than two per cent over the amount of the provisional invoice; any amount over two per cent to be for Sellers’ account in ca of total loss only. Buyers shall accept insurance including Exclusion Claus on the FOSFA Insurance Exclusion Clau List.
The above insurance is to include cover against loss of or damage to the subject-matter insured, whilst on the ship, caud by error, neglect or default of the carrier or his rvants in the navigation or management of the ship for which the carrier or ship is relieved of responsibility under Article IV, Section 2 of the rules appended to the Water Carriage of Goods Act 1936 of Canada, and/or Section 3 of the Act of Congress of the United States approved 13th of February 1893, and/or Section 4 Sub-Section 2 of the Carriage of Goods by Sea Act 1936 of the United States of America, but nothing in this clau contained shall limit or affect any rights which underwriters may have by subrogation or otherwi, against the owner of the said ships. Claims arising under this clau are not subject to the Institute/FOSFA Trades Claus (C) Risks Clau.
When CIF terms apply Sellers shall also insure the goods in accordance with the Institute War and Strikes Claus (FOSFA Trades) in force and generally obtainable at the time of shipment. The rate of war risks insurance not to exceed the rate ruling in London on the date of Bill/s of Lading or date o
f ship’s sailing from each loading port for which Bill/s of Lading is/are issued, whichever may be adopted by underwriters. Any war risks premium in excess of½% shall be payable by Buyers at time of payment and shall be advid to Buyers not later than time of declaration or not later than 3 days after the rate has been agreed with underwriters, whichever may be the later.
*When C&F terms apply Sellers to sight the policy, certificate or letter or insurance, if and when required.
12.NOTICES:Notices to be despatched by any means of rapid written communication (E-mail excluded). All notices shall be under rerve for errors in trans-mission. Notices shall be pasd on with due despatch by intermediate Buyers and Sellers. Any notice received after 16.00 hours on a business day shall be deemed to have been received on the following business day. Notice from a broker shall be a valid notice under this contract.
13.NON-BUSINESS DAYS:Should the time limit for doing any act or giving any notice expire on a Saturday, Sunday or any public holiday in the country where the party required to do the act or give the notice resides or carries on business or in the country where the act has to be done or the notice has to be received or on any day which the Federation shall declare to be a non-business day the ti
me so limited shall be extended until the first business day thereafter. All business days shall be deemed to end at 16.00 hours Mondays to Fridays inclusive. The contract shipment period not to be affected by this clau.
14.ODD DAYS:In any month containing an odd number of days the middle day shall be reckoned as belonging to both halves of the month.
15.STRIKES, ETC:Should shipment of the goods or any part thereof be prevented at any time during the last 30 days of the contract shipment period, or at any time during the contract shipment period if such be less than 30 days, by reason of strikes, lockouts, riots, civil commotions or interruptions in the normal cour of labour at port/s of loading or elwhere preventing transport of the goods to such port/s, or (applicable to contracts for shipment from Great Lakes or St. Lawrence port/s only) by reason of strikes, lockouts, riots or civil commotions in the vicinity of the Great Lakes or the St. Lawrence River preventing the movement of the ocean ship/s to Great Lakes or St. Lawrence port/s of loading, then Sellers shall be entitled on the resumption of work after termination of the circumstances preventing such shipment to as much time for shipment from such port/s as was left for shipment under the contract shipment period prior to the outbreak of the strikes, lockouts, riots, civil commotions or interruptions in the normal cour of labour, and in the event of the time left for s
hipment under the contract being 14 days or less, a minimum period of 14 days shall be allowed (or 21 days in the ca of Canadian West Coast ports).
Sellers invoking this clau shall give notice to Buyers by any means of rapid written communication (E-mail excluded), naming the port/s from which shipment is intended not later than on the first business day following the last day of the contract shipment period, in which ca shipment shall be limited to the port/s nom-inated.
区角活动有哪些In the event of further strikes, lockouts, riots, civil commotions or interruptions in the normal cour of labour occurring during the time by which the contract shipment period has been extended by reason of the operation of the provisions of the first paragraph, the additional extension allowed shall be limited to the actual duration of such further strikes, lockouts, riots, civil commotions or interruptions in the normal cour of labour. Buyers shall be notified immediately at the outbreak of any such occurrence. Sellers shall provide a certificate from the Chamber of Commerce or other recognid body certifying the existence and the date of commencement of the event/s which caud the delay and the date of resumption of work. In the ca of default after extension/s the default date shall be similarly deferred.
If the Shipper gives the notice above referred to, he shall forthwith apply to the Vancouver Grain Exporters’ Association for shipment from Canadian Pacific port/s or The Canadian Grain and Oileds Exporters Association in Winnipeg, Manitoba, for shipment from Canadian Lakes, St. Lawrence, Atlantic and Hudson Bay port/s and request them to contact immediately by any means of rapid written communication (E-mail excluded) the Federation confirming the existence of such strikes, lockouts, riots, civil commotions or interruptions in the normal cour of labour and in due cour to communicate the dates of commencement and ter-mination thereof. The Shipper further agrees to comply with all requirements of the Vancouver Grain Exporters’ Association or The Canadian Grain and Oileds Exporters Association in Winnipeg, Manitoba, to ensure such communication is nt.
A certificate of the Vancouver Grain Exporters’ Association or The Canadian Grain and Oileds Exporters Association in Winnipeg, Manitoba, certifying the existence and duration of the strikes, lockouts, riots, civil commotions or interruptions in the normal cour of labour causing the prevention shall be attached to the shipping documents and be accepted as final. If a certificate is issued too late to be attached to shipping documents then a notification by any means of rapid written communication (E-mail excluded) from the Vancouver Grain Exporters’ Association or The Ca
nadian Grain and Oileds Exporters Association in Winnipeg, Manitoba, to the Federation that such certificate has been issued shall be deemed equivalent to a certificate attached to shipping documents, always provided that such notification shall have been received by FOSFA International not later than the date of arrival of documents.
16.PROHIBITION:In the event, during the contract shipment period, of prohibition or export or any other executive or legislative act by or on behalf of the government of the country of origin or of the territory where the port/s of shipment named herein is/are situate, or of blockade or hostilities restricting export whether partially or otherwi, any such restriction shall be deemed by both parties to apply to this contract and to the extent of such total or partial restriction to prevent fulfilment whether by shipment or any other means whatsoever and to that extent this contract or any unfulfilled portion thereof shall be extended by 30 days. In the event of shipment during the extended period still proving impossible by reason of any of the caus in this clau the contract or any unfulfilled part thereof, shall be cancelled. Sellers invoking this clau shall advi Buyers with due despatch. If required, Sellers must produce proof to justify their claim for extension or cancellation under this clau.
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17.BANKRUPTCY/INSOLVENCY:If before the fulfilment of this contract, either party shall suspend payment, notify any of his creditors that he is unable to meet his debts or that he has suspended payment or that he is about to suspend payment of his debts, convene, call or hold a meeting of his creditors, propo a voluntary arrangement, apply for an official moratorium, have an administration order made, have a winding up order made, have a receiver or manager appointed, convene, call or hold a meeting to go into liquidation (other than for reconstruction or amalgamation), become subject to an Interim Order under Section 252 of the Insolvency Act 1986 or have a Bankruptcy Petition prented against him the contract shall forthwith be clod, either at the actual or estimated market price then current for similar goods or, at the option of the other party, at a price to be ascertained by
re-purcha or re-sale and the difference between the contract price and such closing-out price shall be the amount which the other party shall be entitled to claim or shall be liable to account for under this contract. Should either party be dissatisfied with the price ascertained by re-purcha or re-sale, then the matter shall be referred to arbitration. If no re-purcha or re-sale takes place and if the parties cannot agree to a closing-out price, then on application of either party, the closing-out price shall be fixed by a sole arbitrator appointed by the Federation subject to the right of appeal under the Federation’s Rules of Arbitration and Appeal.
18.CIRCLE:Where a Seller repurchas from his Buyer, or from any subquent Buyer, the same goods or part thereof, a circle shall be considered to exist as regards the particular goods so repurchad, and the provisions of the Default Clau shall not apply. (For the purpo of this clau, the same goods shall mean goods of the same description, of the same country of origin, of the same quality and, where applicable, of the same analysis warranty for shipment to the same port/s of destination during the same period of shipment.) Different currencies shall not invalidate the circle.
If the goods are not declared or, having been declared, documents are not prented as a result of a circle having been established, invoices bad on the mean contract quantity shall be ttled betwee
n each Buyer and his Seller in the circle by payment by each Buyer to his Seller of the excess of the Seller’s invoice amount over the lowest invoice amount in the circle.
Where the circle includes contract/s expresd in different currencies, the lowest invoice amount shall be replaced by the market price on the first business day for contractual shipment and invoices shall be ttled between each Buyer and his Seller in the circle by payment of the difference between the market price and the relevant contract price in the currency of the contract. Failing amicable agreement the market price shall be that declared by a Price Settlement Committee of the Federation appointed for that purpo on application of either party.
Such ttlement shall be due for payment not later than 15 concutive days after the last day for declaration or, should the circle not be established before the expiry of this time, then ttlement shall be due for payment not later than 7 days after the circle is established. No circle shall be considered to exist if its existence is not established within 45 days after the last day of shipment.
All Sellers and Buyers shall give every assistance to the establishment of the circle and where a circle shall have been established same shall be binding on all parties to the circle. Should any party in the circle commit prior to the due date for payment any act comprehended in the Bankruptcy/Insol
vency Clau, the invoice amount for the goods calculated at the closing-out price as provided for in the Bankruptcy/Insolvency Clau, shall be taken as the basis for ttlement instead of the lowest invoice amount in the circle, and in this event each Buyer shall make payment to his Seller or each Seller shall make payment to his Buyer of the difference between closing-out price and the contract price, as the ca may be.
In the event of a claim under the Prohibition Clau, the date for ttlement shall be deferred until the expiry of the extended shipment period. Thereafter, if the contract is cancelled under the terms of the Prohibition Clau, this clau is not applicable.
19DEFAULT:In default of fulfilment of this contract by either party, the other party at his discretion shall, after giving notice, have the right either to cancel the contract, or the right to ll or purcha, as the ca may be, against the defaulter who shall on demand make good the loss, if any, on such sale or purcha. If the party liable to pay shall be dissatisfied with the price of such sale or purcha, or if neither of the above rights is exercid, the damages, if any, shall, failing amicable ttlement, be determined by arbitration. The damages awarded against the defaulter shall be limited to the difference between the contract price and the actual or estimated market price on the day of default. Damages to be computed on the mean contract quantity. If the arbitrators consider th
e circumstances of the default justify it they may, at their absolute discretion, award damages on a different quantity and/or award additional damages.
Prior to the last day for making a declaration of shipment a Seller may notify his Buyer of his inability to ship but the date of such notice shall not become the default date without the agreement of the Buyer. If, for any other reason, either party fails to fulfil the contract and is declared to be in default by the other party and default is either agreed between the parties or subquently found by arbitrators to have occurred, then the day of the default shall, failing amicable ttlement, be decided by arbitration.
20.DOMICILE:This contract shall be deemed to have been made in England and the construction, validity and performance thereof shall be governed in all respects by English Law. Any dispute arising out of or in connection therewith shall be submitted to arbitration in accordance with the Rules of the Federation. The rving of proceedings upon any party by nding same to their last known address together with leaving a copy of such proceedings at the offices of the Federation shall be deemed good rvice, rule of law or equity to the contrary notwithstanding.
21.INTERNATIONAL CONVENTIONS:The following shall not apply to this contract:—
(a)the Uniform Law on Sales and the Uniform Law on Formation to which effect is given by the Uniform Laws on International Sales Act 1967;
(b)the United Nations Convention on Contracts for the International Sale of Goods of 1980;
(c)the United Nations Convention on the Limitation Period in the International Sale of Goods of 1974 and the amending Protocol of 1980.
22.ARBITRATION:Any dispute arising out of this contract, including any question of law arising in connection therewith, shall be referred to arbitration in London (or elwhere if so agreed) in accordance with the Rules of Arbitration and Appeal of the Federation of Oils, Seeds and Fats Associations Limited, in force at the date of this contract and of which both parties hereto shall be deemed to be cognizant.
Neither party hereto, nor any persons claiming under either of them, shall bring any action or other legal proceedings against the other of them in respect of any such dispute until such dispute shall first have been heard and determined by the arbitrators, umpire or Board of Appeal (as the ca may be) in accordance with the Rules of Arbitration and Appeal of the Federation, and it is hereby expressly agreed and declared that the obtaining of an Award from the arbitrators, umpire or Board o
f Appeal (as the ca may be), shall be a condition precedent to the right of either party hereto or of any person claiming under either of them to bring any action or other legal proceedings against the other of them in respect of any such dispute.
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