CONTRACT FOR THE PURCHASE OF COFFEE

No.05CH11N/N2001
Between
COLLAT
Flat C5/N, Happy Tower,
15-01 Chau Road
America
Tel: 033668888: Fax: 0123456789
(hereinafter called the Buyer)

And
MINH CHAU FOOD EXPORT IMPORT COMPANY
29 Thach That Ha Noi Viet Nam
Tel: 0123458866, Telex: 051101-VNFVT
Email: [email protected] ( hereinefter called the Seller)

It has been matually agreed to the sale and purchase of COFFEE

on the terms and conditions as follows:
1. Commodily: Vietnamese Black Coffee
2. Specification:
- Broken: 30% max
- Moisture: 14%
- Foreign matter: 0,3%
- Crop: 2021-2022
3. Quality: 100,000 MT more or less 5% at Seller’s option
4. Price: 100 USD per metric ton net for May – Octorber 2021 shipments,

a- Dunnage, bamboomat for Shipowner's/Buyer's account

b-Shore tally to be at Seller's account

c-Vessel's tally to be at Buyer's/ Shipowner's account

 d- All export duties, taxes, levied in the country of origin to be at Seller's account

e- All import duties, taxes, levied in the country of destination and outside Vietnam

5. . Time of shipment: 20 - 25 days after L/C opening date

6. Packing: Coffee to be packed in single jute new bags of 50 kgs net each, about 50.6 kgs
gross each, hand-sewn at mouth with jute twine thread suitable for rough handling and
sea transportation. The Seller will supply 0.2% of new jute bags free of charge out of
quantity of bags shipped
7. Insurance: To be arranged by the Buyer
8. Inspection and fumigation

a- The certificate of quality, weight and packing issued by Vinacontrol at loading port to
be final and for Seller's account

b- Fumigation to be effected on board the vessel after completion of loading with

expenses to be at Seller's account. But expenses for crew on shore during the fumigation
period including transportation, accommodation and meals at hotel for Ship owner's
account

c- Time for fumigation not to count as laytime

9. Loading terms:

a- Buyer shall advise vessel's ETA and its particulars 15 days and Captain shall inform
vessel's ETA, quantity to be loaded and other necessary imformation 72/48/24 hours
before the vessel's arrival at loading port

b- Laytime to commence at 1.pm if N.O.R given before noon and at 8. AM next working
day if NOR given in the afternoon during office hours. In case, vessel waiting for berth
due to congestion, time commence to count 72 hours after N.O.R submitted

c- Loading rate: 800 MT per weather working day of 24 consecutive hours Sundays,
holidays excepted even if used, based on the use of at least four to five normal working
hatches/holds and all cranes /derricks and winches available in good order, if less than
prorata

d- Seller shall arrange one safe berth of one safe port for the vessel of 10,000 -
20,000 MT capacity to load the cargo

e- Time between 17.00 PM on Saturday and the day preceeding a holiday until 8.AM
next working day not to count as laytime even if used

f- Before submitting N.O.R., the vessel must be in free pratique. Immediately after vessel
at berth, captain shall request Vinacontrol to inspect the hatches/holds and issue a
cetificate certifying the hatches/ holds are clean, dry, free from harmful factions and
 suitable for goods loading with such expensses to be at ship owner's account and time not
to count as laytime

g- Demurrage/Despatch of any, to be as per C/P rate

But maximum 4,000/ 2,000 USD per day or prorata and to be settled directedly between
Seller and Buyer within 90 days after B/L date

h- For the purpose of obtaining shipping Documents such as:

- Commercial Invoices

- Cetificate of quality, weight and packing

- Certificate of origin

The responsible party shall Cable/ Telex/ Fax advising shipment particulars within 24
hours after completion of loading

In order for the Buyer to obtain insurance, a Bill of Lading shall be issued immediately
after completion of loading and before fumigatiooon and provided immediately to the
Buyer

i- In case, cargo is ready for shipment as scheduled in this contract, but the Buyer fails to
nominate the vesel to load, then all risks, damages, and associated expenses for cargo to
be borne by the Buyer based on the Seller's actual claim. In the event no cargo is
available to be loaded on the nominated vessel at the loading port, then dead freight to be
paid by Seller based on Buyer's actual claim and the Buyer will submit the following
documents to DIBV for receiving P.B:
( time counted : 20 -25 days from L/C opening date):

- N.O.R. with seller's signature

- Report signed by the Captain and the Seller confirming that the vessel has already
arrived at the port to receive the

cargo but the Seller has no cargo to load

- DIBV's confirmation

10. Payment:

a- After signing the contract, the Buyer or the Buyer's nominee ( SHYE LIAN( HK)
MANUFACTURING CO.LTD OR OTHER NOMINEE) will telex asking the Seller to
open P.B. of 1% of total L/C amoount at DIBV Hanoi within two days thereof the Seller
open P.B. and in form the Buyer, then, four days after receiving DIBV's confirmation, the
Buyer will open a telegraphic, irrevocable and confirmed L/C which is in conformity
with this contract by an international first class bank at sight with T.T.R. acceptable for
40,000 MT in favour of MICHCHAUFOOD Hanoi through the Bank for Foreign Trade
of Vietnam

For 60,000 MT the Buyer or Buyer's nominee will open a telegraphic, irrevocable and
transferable at sight L/C which is in conformity with this contract with T.T.R. accepable.
In case, the Seller requests the confirmation of L/C, the L/C will be confirmed for Seller's
account

In the event that the Buyer fails to open L/C four days after receiving confirmation from
DIBV then the Seller shall collect P.B. from the DIBV and then the contract is
automatically cancelled

The Seller will collect the P.B. against presentation of shipping documents at DIBV

b- Presentation of the following documents to the Bank for Foreign Trade of Vietnam,
payable within 3-5 banking days after reciept of the telex from DIBV

cetifying that documents have been checked in conformity with the L/C terms:

- Full set of Clean on board B/L in three ( 3) originals marked Freight to collect

- Commercial invoice in three (3) folds

- Certificates of quality, weight and packing issued by Vinaconntrol to be final at loading

port in six ( 6) folds

- Certificate of fumigation issued by VIetnam Chamber of Commerce in six (6) folds

- Phytosanitary certificate issued by the Competent authority of Vietnam in six (6) folds

- Cable/ Telex/ Fax advising shipment Particulars within 24 hours after completion of
loading

11. Force Majeure:

The Force Majeure( exemptions) clause of the international Chamber of Commerce (ICC
publication No. 421) is hereby incorporated on this contract

12. Arbitration:

Any discrepancies and/or disputes arising out or in connection with this contract not
settled amicably shall be referred to Arbitration accordance with the Rules and Practices
of the International Chamber of Commerce in Paris or such other place agreed by both
sides
 13. Other terms:

Any amendment of the terms and conditions of this contract must be agreed to by both
sides in writting

This contract is made in 06 originals in the English language, three for each party

This is subject to the Buyer's final confirmation by telex (Octorber 20th, 2022 latest)

Made in Hanoi, on 10th May, 2022

For the Seller

For the Buyer
Director
Managing Director

(signed)
(signed/sealed)
JESSICA.N
MINHCHAU