Sales and purchase contract

Agreed between

Maple leaf cement factory Ltd
And
XYZ Company
For
Supply of Grey Cement 42.5













Contract for sales and purchase of Ordinary Portland Cement 42.5N
The contract is made and entered in to this ________ day of _________ 2013, by and
between maple leaf cement factory Ltd herein after refer to as the seller on the other
part and whose address is 42 Lawrence Road, Lahore, Pakistan
AND
________ herein after refer to as the ________ on the one part whose address is
_________________________________________________________________________
Whereas, the seller with full corporate responsibilities and authority under the
penalty of perjury, certifies, represents and warrants that the suppliers is ready willing
and able to full fill the requirements of this agreements for the sale and delivery of
cement, in the times and under the terms agreed upon hereafter.
Whereas, the Buyer with full corporate responsibilities and authority under the
penalty of perjury certifies, represents and warrants that the buyer is ready willing and
able to full fill the requirements of this agreements for the purchase of cement, in the
times and under the terms agreed upon hereafter.
Now therefore, the contracting parties have entered into this contract as per the
terms and conditions stipulated here under.







Article 01
Commodities specifications

The commodities shall be ordinary Portland cement grade 42.5 N and shall full fill the
requirement of commodities specifications.

Article 02
Country of Origin of the commodity

The commoditys country of origin shall be Pakistan.

Article 03
Packing of the commodity

In 50 Kg paper bag as per design mutually agreed and proof between maple leaf and
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
__________________
Article 04
Basis of delivery and quantity

Monthly quantity 7,500 MT per month starting _____________2013.
Basis of delivery
______________________________________________________________________


Article 05
Weight and quality inspection certificate

At seller expenses, societe general de surveillance (SGS) shall inspect the commodity to
be deliver at the port of loading. For each shipment, SGS shall issue inspection
certificate of conformity stating quality and quantity of the commodity to be delivered.

Article 06
Contract period

The contract shall be valid for one year based on consistence shipment schedule as
stated above in article 04.

Article 07
Commodities price

Unit price of the cement shall be either FOB basis or CIF required by buyer.
Notwithstanding that the FOB price of OPC under this agreement will be subject to
revision at any time during the terms of this agreement by the company that will be
binding on the buyer.
The increase can be due to increase in prices of raw material involved in manufacturing
of OPC or due to increase of government levied.






Article 08
Terms of payment

Payment shall be affected by irrevocable and confirmed letter of credit at sight from
first class international bank, as per the shipper approved the LC format, attached with
this contract.

Article 09
Documentation

Upon shipment, the supplier shall notify the buyer by fax/email with copy of all
documents and all originals must be dispatched by courier to the buyer within 7 days.

Article 10
Contract Procedures

This contract shall be legal and binding after its signature.
All documents shall be prepared in the English language. English shall be the exclusive
language for all agreements, both oral and written, between the parties of the contract.
The unit of measurement applicable to this contract shall be:
Metric tons for weight & United States dollars for currency.






Article 11
Levied Duties.

The buyer shall be responsible for paying goods related duty levied by the relevant
government authorities outside Pakistan in connection with this contract;
The seller shall be responsible for paying goods related duty levied by the relevant
government authorities within Pakistan in connection with this contract;

Article 13
Force majeure

Force majeure as used in this article means acts of God, war (whether declared or not),
invasion, revolution, insurrection or other acts of a similar nature or force.
Neither party shall in circumstances be liable to other for any loss of any kind
whatsoever including but not limited to any damages or charges whether directly or
indirectly caused to or incurred by the other party by reason of any failure or delay in
the performance of its obligations hereunder which is due to force majeure.
Notwithstanding the foregoing, each party shall use all reasonable endeavors to
continue to perform, or resume performance of, such obligations hereunder for the
duration of such force majeure event.
If either of the parties shall become aware of circumstances of force majeure which give
rise to or which are likely to give rise to any such failure or delay on its part it shall
forthwith notify the other within 5 days by the most expeditious method then available.
Should the effect of the force majeure continue for more than 60 consecutive days, the
buyer and the seller shall take all necessary steps to reach an amicable way to abide to
their obligations to perform under the term and conditions of this contract.


Article 14
Contract Disputes

The supplier and buyer shall make every effort to resolve amicably any disputes or
disagreements arising from this agreement. If no solution can be found then it is agreed
that arbitration shall take place at the ________________ arbitration council and findings
of this council shall be binding on the parties.
Damages with respect to quality of goods shall be acceptable provided the policy laid
down by the supplier is followed in letter and spirit by the buyer.

Article 15
Governing Law

It is agreed that this agreement shall be under Sri Lankan law.


Article 16
Termination of the agreement

Should the supplier cancel this agreement then a minimum of 6 months shall apply.
During this time the supplier may dispatch quantities to another party provided a no
objection certificate is obtained from the buyer.

Article 17
Notice

All notices, demands, or requests given by the parties shall be in writing transmitted to
the other party at the address provided.




Article 18
Signatures

On the date of issue as written above, with the signatures underwritten here below,
both parties declared that they have full knowledge of this agreement to be signed and
executed by their authorized representatives and that they have hereby understood,
agreed and accepted all terms and contestations stated herein.
In written whereof the parties hereto have entered into this contract on the date and at
the place indicated above and do hereby agreed to execute the contract in accordance
with the terms and conditions stated above.


For on the behalf of the seller Buyer






Yahya hamid ___________________
Director Sale and Marketing ___________________
Maple Leaf cement factory Ltd. ____________________



WITNESS

1) ______________________________

2) ______________________________

3) ______________________________