Sales contract CH8M306. (2008).

Recuperado de la base de datos de UESAN (035197)

CONTRACT NUMBER CH8M306

(in two identical counterparts)
SALES CONTRACT N CH8M306
On April 17th, 2008 the below mentioned parties have concluded the present sales contract, upon the following terms and conditions:
1. SELLER

Corporacin Nacional del Cobre de Chile (also Codelco).

Hurfanos Street N 1.270, Santiago, Chile.
Phone: 56-2-6903000
Fax: 56-2-672-1473 or 56-2-6903059
E-mail: [email protected]

2. BUYER

KTC Korea Co. Ltd.

Young Sang Building, 567-49 Yeonnam-Dong, Mapo-gu, Seoul, Korea.
Telephone: 82 2 333 4362
Fax: 82 2 333 4367
E-mail: [email protected]
On behalf of:
Kwangyang Ferroalloy Co., Ltd.
10-2 Yeosu National Industrial Complex, Hwachi-Dong, Yeosu Si, Jeollanam-Do, Korea.

3. MATERIAL

High Copper Molybdenum Concentrates from Codelco Norte Division.

4. QUANTITY

Approx. 114 MT of material.

5. QUALITY

Mo
48 50 %Min.
Pb
0.01 0.04 % Max.
Oil + moisture 1-8% Max

6. PACKAGING

In supersacks of 1.2 MT of material each on pallets.

7. DELIVERY

In warehouseTianjin, China. All duties and expenses unpaid.

8. DELIVERY
PROGRAM

During April 2008.

This release is subject to duly receipt of Buyers Letter of Credit in acceptable form.

9. PRICE

ll be the 90.5% of the average for the high and low Dealer Oxide quotation as published every
Monday by Metals Week, during the quotational period.

10. QUOTATIONAL
PERIOD
:

Cu
P

2.25 3.50 % Max.

0.01 0.04 % Max.

The second month following the contractual month of shipment. (M+2)

11. PAYMENT

Shall be made in U.S. Dollars for 100% of the invoice value upon first presentation of original
shipping documents, through an irrevocable Letter of Credit confirmed by a Bank in Chile, payable
at sight in Santiago-Chile. Such L/C shall be opened in a first class bank acceptable to the Seller
and operable in Sellers hand not later than seven (7) days before scheduled date of shipment,
which shall be advised in advanced by Seller to the Buyer, if L/C is not confirmed, documents will
be negotiated through Holding Certificate. The L/C should allow a variation of +/- 10% in price,
quantity and amount. All banking charges outside Chile will be on Buyers account. Confirmation
charges in Chile in a bank acceptable to Codelco-Chile will be on Sellers account. If the price is
unknown at time of invoicing, the average of the last known Dealer Oxide quotations published by
Metals Week shall be used as provisional price. Once the final price is known, settlement shall be
made by the corresponding party not later than 5 working days after presentation of the final invoice.
Alternatively the Buyer will have the option to pay through cable transfer for 100% of the invoice
value prior to shipment.
L/C must include: In warehouse certificate; Weight and analysis certificate; Packing list; Original
invoice.

12. WEIGHTS AND

ASSAYS

Weights and assay per lot as certificated by Codelco will be final for settlement. However, if Buyer
finds a difference more than 0.5% on weights and/or assay within a maximum period of 60 days
after delivery date that could not be settled by both parties, an independent supervision firm and/or
an umpire assayer will be mutually agreed upon. Weighing results ascertained by the independent
supervisor shall be final for the lot. Analysis results informed by the assayer shall be final for the
lot, provided result lies within the analysis of the parties, otherwise the final result shall be the
middle of the three results. Cost of the supervisor and/or umpire assayer shall be borne by the
party whose weights and/or assays are furthest from those of the supervisor and/or the umpires
assayer, or be equally shared if the supervisors and/or umpires assayer result is the exact mean of
the parties results. Weighing and sampling operations shall be carried out under the Procedure for
the Weighing and Sampling of Technical Grade of Molybdenum Oxide and for assaying of
Technical Grade of Molybdenum Oxide, Guidelines from the International Molybdenum
Association.

Contract Number N CH8M306

(In two identical counterparts)
Page 2 of 2
13. RETENTION
OF TITLE

The Seller retains absolute legal ownership of its title to property of the goods sold under this
Contract until full payment of the corresponding invoice has been duly made by the Buyer to the
Seller and has been duly received and acknowledged by the Seller.

14. WARRANTY OF
EXISTENCE AND
AUTHORITY
:
Where this Contract is signed by a person for and on behalf of a party, that party: (i) warrants that
(a) it is duly organized and validly existing under the laws of the jurisdiction of its organization
and incorporation and in good standing under such laws, (b) the person who signs this Contract is
the authorized agent of that party with express authority to enter into and signs this Contract for
and on behalf of that party, and thereby to bind that party to the obligations upon that party
contained in this Contract, and (c) its obligations under this Contract constitute its legal, valid and
binding obligations, enforceable in accordance with its terms; and (ii) acknowledges that the other
party to this Contract would not have entered to this Contract but for the warranties contained in
this clause. Except as otherwise specified herein, the Seller extends no representations or
warranties of any kind with respect to the Material, express or implied, and expressly disclaims any
warranties contained under Article 35 Section 2 of the United Nations Convention on Contracts
for the International Sale of Goods.
15. EXECUTION

This Contract will only be effective if in writing, including writing evidenced by a facsimile
transmission, and executed by each if the parties, or confirmed by an exchange of electronic
messages on an electronic messaging system, and may be executed in any number of original
counterparts. All such counterparts shall constitute one and the same instrument. Counterparts
may be executed in faxed form and the parties shall accept any signatures received by a receiving
fax machine as original signatures of the parties.

16. AMENDMENTS

Neither this Contract nor any term of it may be amended, supplemented or waived except by a
written instrument dated and signed by both parties, including writing evidenced by a facsimile
transmission or confirmed by an exchange of electronic messages on an electronic messaging
system. No waiver by either party of a failure by the other party to perform an obligation hereunder
shall extend to any future performance obligation.

17. HEADINGS

The headings used in this Contract are for convenience of reference only and are not to affect the
construction of or to be taken into consideration for the purpose of its interpretation.

18. GENERAL
CONDITIONS

This Contract includes and is subject to all the terms and conditions stated in an overleaf entitled
General Conditions. It is understood and agreed that should there be any contradiction between
the General Conditions and the provisions established in the above clauses, the latter shall govern.
This Contract supersedes all prior arrangements among the parties, whether oral or written, and
constitutes the entire understanding between the parties concerning the subject of this Contract.

SIGNATURE
FOR THE BUYER:KTC KOREA CO.,LTD.
NAME
POSITION
DATE

SIGNATURE
FOR THE SELLER: CODELCO CHILE
NAME
POSITION
DATE