Uiig Purchase Doa
Uiig Purchase Doa
DATE :
TRANSACTION CODE:
This agreement is made and entered into this day XX/XX/2021, by and between the parties described below :
THE SELLER
Corporate Name
Mailing Address
Represented By
Designation
Passport No.
Nationality
and
THE BUYER
Corporate Name
Mailing Address
Represented By
Designation
Passport No.
Nationality
WHEREAS. The Buyer desires to Purchase Standby Letter of Credit (SBLC) from the Seller. Seller confirms with full
WHEREAS. The Seller desires topurchase, transfer and assign all rights title and interest of the SBLC available to it to
the Buyer. Seller represents and warrants that it has the ability and resource to arrange through associates, contracts
and sources, with full corporate responsibility, financial instrument in the term of assignments to be provided to Buyer.
Seller hereby declares under penalty of perjury that the SBLC will be backed by funds that are good, clean, clear, and
free of non-criminal origin, the SBLC will be free and clear of all liens, encumbrances and third party interests.
NOW THEREFORE, The Buyer has agreed to Buyer the SBLC at 32%+2% of Face Value for the instrument requested
and Seller has agreed to issue SBLC for Buyer and both Parties hereby agree to the following:
TRANSACTION DESCRIPTION:
4. Age: One Year and One Day (With the option of Rolls and Extension)
7. Payment: MT103
8. Hard Copy: By Bank Bonded Courier within 7 banking days after delivery of Swift.
1. Seller and Buyer execute, sign and initial this Deed of Agreement, which thereby automatically becomes a full
commercial recourse contract to be lodged by both parties for initiation of Swift Transmission.
2. Within three (3) banking days after both parties sign the Agreement, Seller will issue a Refund Recourse
Undertaking duly endorsed by the issuing Bank to the Buyer guarantying to refund to the Buyer all cost incurred by
Buyer as the transmission/administrative charges for the transmission of Pre-Advice via Swift MT799 or SBLC via
Swift MT760 or both after due execution of the contract and in case of failure on the Seller’s side the Notarized signed
and sealed Corporate Refund Recourse Undertaking guarantees that the Seller refunds completely the
transmission/administrative fees in addition to a the penalty for failure of performance being 1% of the total face value
of SBLC.
3. Within three (3) working days after the Buyer receives countersigned DOA (Deed Of Agreement) The buyer will
make payment by direct wire transfer into the sellers provided bank co-ordinates or via cryptocurrency bitcoin wallet
of the provider for the receiving of the bank transmission/administrative charges for the Pre-Advice via Swift
MT799 or SBLC via Swift MT760 or both as the case maybe in the amount of Euro/USD XX 000.00.
4. Within two (2) banking days after confirmation of receipt of payment of the bank transmission/administrative fees
charges for the SBLC via Swift MT760 or Pre-Advice via Swift MT799 or both in Seller bank account, the Seller will
deliver the Pre-Advice or SBLC via Bank to Bank confirmation of Swift MT799 or MT760 to the Buyer bank
including the hard copy of the SBLC via bank bonded courier in Seven (7) banking days.
5. Buyer sends out Purchasing fees by Swift MT103 to the Buyer deducting the initially paid bank
transmission/administrative fees and the brokers their commission fees 32%+2 % of total Face Value by wire transfer
within thirty (30) days upon delivery, confirmation and verification of SBLC by MT760 in the Buyer’s nominated
account and SBLC hard copy in the Buyer’s nominated bank.
6. Should the Buyer not deduct the bank transmission/administrative charges from buying fees paid, the Buyer shall
refund bank charges to Buyer by direct wire transfer within three (3) banking days upon payment of the Purchasing
fees.
7. Any unauthorized calls by any party or its representative lawyers to probes or communication in an improper way to
bank(s) in this transaction shall be prohibited and contract terminated
.8. All subsequent tranches will be based on the same procedures until collateral or funds become exhausted.
Should the Buyer default to pay the Purchasing price to the Seller and the brokers commission fees as agreed after
Thirty (30) banking days of confirmation of SBLC MT799/ MT760 in Buyer's bank account, Seller will instruct the
issuing bank to put a claim on the SBLC thereby forcing the Buyer's bankers to return the SBLC MT760 to the issuing
Bank.
(USD/EURO) (USD/EURO)
1M – 20M 47,785.00
501M – 1B 97,996.00
1B and above (In Tranches of 500M each) (160,000 for each tranches of 500M)
NON-SOLICITATION
The Buyer hereby confirms and declares that the Seller, its associates or representatives or any person or persons on its
behalf has/have never ever solicited the Buyer, its shareholders or associates or representatives in any way whatsoever
that can be construed as a solicitation for this transaction or for future transactions.
FORCE MAJEURE
Any delay in or failure of performance by either party of their respective obligations under this agreement they
shall pay 1% as penalty.
Any delay in or failure of performance by either party of their respective obligations under this agreement shall not
constitute a breach hereunder or give rise to any claims for damages if, and to the extent that such delays or failures in
performance are caused by events or circumstance beyond the control of such party.
The term “Beyond the Control of Such Party “Include Lawful order of Government or Authority, Act of War,
Rebellion or Sabotage, Fire, Flood, Earthquake or other natural disasters. Any other cause not within the control of
such party or which is by exercise of reasonable diligence, the party will be unable to foresee or prevent or remedy.
All disputes and questions whatsoever which arises between the parties to this agreement and touching on this
agreement on the construction or application thereof or any account cost, liability to be made hereunder or as to any
act or way relating to this agreement shall be settled by the arbitration in accordance with the arbitration laws of the
ICC.
This agreement contains the entire agreement and understanding concerning the subject matter hereof and supersedes
and replaces all prior negotiations and proposed agreements, written or oral. Neither of the parties may alter, amend,
nor modify this agreement, except by an instrument in writing signed by both parties. This agreement will be governed
by and construed in accordance with the laws of United Kingdom. In the event that either party shall be required to
bring any legal actions against the other it enforce any of the terms of this agreement the prevailing party shall be
entitles to recover reasonably attorney fees and costs.
______________________
Name:
Designation:
Passport #:
Nationality:
Issue date:
Expiry date:
_______________________
Name:
Designation:
Passport #:
Nationality:
Issue date:
Expiry date:
The Seller and Buyer agree to the following banking co-ordinates pertaining to the agreement herein above stated:
SELLER’S BANKING CO-ORDINATES TO ISSUE STANDBY LETTER OF CREDIT (SBLC) VIA SWIFT MT799
AND MT760
BANK NAME
BANK ADDRESS
ACCOUNT NAME
ACCOUNT NO
IBAN NO
SWIFT CODE
BANK NAME
BANK ADDRESS
ACCOUNT NAME
ACCOUNT NO
IBAN NO
SWIFT CODE
SELLER RESERVES THE RIGHT TO USE ANY BANK ACCOUNT TO RECEIVE BANK TRANSMISSION / ADMINISTRATIVE
FEES OR SELLER PRICE TO SMOOTHEN TRANSACTION OPERATION (IT’S OUR BANK REGULATIONS AND
PROCEDURE).
SELLER AND BUYER RESERVES THE RIGHT TO CHANGE THE BANK COORDINATES STATED HEREIN AT ANYTIME BY
PROVIDING WRITTEN REQUEST TO THE UNDERSIGNED.
BANK NAME
BANK ADDRESS
ACCOUNT HOLDER
ACCOUNT NO
SWIFT CODE
SIGNATORY NAME
BANK NAME
BANK ADDRESS
ACCOUNT HOLDER
ACCOUNT NO
SWIFT CODE
SIGNATORY NAME
APPENDIX C:
APPENDIX D:
BUYER‘S CIS
SELLER‘S CIS
SAMPLE REFUND UNDERTAKING LETTER FOR BANK CHARGES FROM THE PROVIDER
(Text may vary in substance but the essential undertaking must be maintained)
DEAR SIR,
WE HEREBY CONFIRM WITH FULL CORPORATE RESPONSIBILITY UNDER PENALTY OF PERJURY THAT WE ARE READY, WILLING AND
ABLE TO DELIVER A FRESH CUT SBLC FOR TOTAL FACE VALUE OF $0,000,000.00 (AMOUNT IN WORDS DOLLARS) FROM OUR ISSUING
BANK <NAME & ADDRESS OF SBLC ISSUING BANK>,AS AGREED IN THE DEED OF AGREEMENT TO YOUR BANK COORDINATES WITH
<ACCOUNT NAME & ACCOUNT NUMBER OF SBLC FROM RECEIVING BANK>, WITHIN 48HOURS UPON CONFIRMATION OF YOUR WIRE
TRANSFER OF-----------DEPENDING ON FACE VALUE BEING THE PRINCIPAL CAHRGES BANK TRANSMISSION, ADMINISTRATIVE AND
HANDLING CHARGES TO DELIVER BY SWIFT MT799 FOLLOWED BY MT760 OR BY DIRECT MT760 TO YOUR NOMINATED BANK ACCOUNT
FOR AUTHENTICATION AND VERIFICATION BEFORE DELIVERY OF HARD COPY VIA BANK BONDED COURIER SERVICE TO YOUR BANK
ADDRESS WHICH IS CONTAINED IN OUR DEED OF AGREEMENT.
BUYER’S BANKING COORDINATES TORECEIVE STANDBY LETTER OF CREDIT (SBLC) VIA SWIFT MT799 AND MT760.
WE HOWEVER, AGREE TO REFUND IMMED IATELY TOY OU THE $0,000.00 (AMOUNT IN WORDS DOLLARS) AT THE END OF THE
TRANSMISSION OF MT760 WITHIN 3 BANKING DAYS AFTER PAYMENT OF PURCHASING PRICE AS STATED IN THE CONTRACT OR YOU
CAN ADJUST THIS AMOUNT WHILE MAKING THE PAYMENT OF SELLING PRICE. IF OUR BANKER FAILS TO DELIVER TO YOUR BANK
ACCOUNT THE ELECTRONIC COPY OF SBLC VIA SWIFT MT760 WITH 72HOURS UPON CONFIRMATION OF YOUR DIRECT WIRE TRANSFER
PAYMENT FOR THE BANK TRANSMISSION FEES INTO OUR BANK ACCOUNT STATED BELOW, WE WILL IMMEDIATELY REFUND TOTAL
AMOUNT PAID FOR TRANSMISSION FEES INTO YOUR BANK ACCOUNT IN ADDITION TO A THE PENALTY FOR FAILURE OF PERFORMANCE
BEING 1% OF THE TOTAL FACE VALUE OF BG/SBLC.
WE HAVE GIVEN OUR CORPORATE INSTRUCTION TO OUR ISSUING BANK TO REFUND THE BANK TRANSMISSION FEES BY LODGING A
COPY OF THIS UNDERTAKING ALONG WITH THE CONTRACT. OUR ISSUING BANK HAS ENDORSED THIS LETTER OF UNDERTAKING AS A
TOKEN OF THEIR CONFIRMATION.
SELLER’S BANKING COORDINATES FOR ISSUING STANDBY LETTER OF CREDIT (SBLC) VIA SWIFT MT799 AND MT760 (ALSO FOR REFUND).
“EXHIBIT B”
(Text may vary in substance but the essential undertaking must be maintained)
FROM
BANK NAME:
BANK TEL:
BANK FAX:
SWIFT CODE:
ACCOUNT NAME:
ACCOUNT NO:
TO
BANK NAME:
BANK ADDRESS:
BANK TEL:
BANK FAX:
SWIFT CODE:
ACCOUNT NAME:
ACCOUNT NO:
TRANSACTION CODE:
AMOUNT:
CURRENCY
BENEFICIARY
FOR VALUE RECEIVED, WE, ----- {NAME OF ISSUING BANK} ----- AT ----- {FULL BANK ADDRESS)----- HEREBY ISSUE OUR IRREVOCABLE,
UNCONDITIONAL AND NEGOTIABLE SBLC NO : --------- IN FAVOUR OF ____________ THE BENEFICIARY XXXXXXXXXX FOR THE AMOUNT
OF {XXXXXXXXXXXX}, VALID FOR ONE (1) YEAR AND ONE (01) DAYS AND DUE FOR PAYMENT AT MATURITY ON __________ {1 YEAR + 1
DAY MATURITY DATE FROM ISSUING DATE} _____________
WE HEREBY IRREVOCABLY AND UNCONDITIONALLY UNDERTAKE TO PAY IN FULL AGAINST THIS SBLC AT MATURITY, WITHOUT ANY
PROTEST, DELAY OR OBJECTION, THE XXXXXXXXXXXXX TO THE ORDER OF XXXXXXXXXX THE BENEFICIARY’S THE BEARER OR
HOLDER THEREOF AT MATURITY. SUCH PAYMENT SHALL BE MADE FREE AND CLEAR OF ANY DEDUCTIONS CHARGES, FEES OR
WITHHOLDING, UPON RECEIVING BENEFICIARY’S FIRST DEMAND VIA BANK WIRE SYSTEM AND SURRENDER OF THIS SBLC NO:
-------------- AT THIS BANK AT MATURITY DATE.
THIS SBLC IS TRANSFERABLE AND ASSIGNABLE WITHOUT PRESENTATION OF IT TO US AND WITHOUT PAYMENT OF ANY FEES. WE
HEREBY ENGAGE WITH YOU THAT THE DEMAND MADE UNDER AND IN COMPLIANCE WITH THE TERMS OF THIS SBLC, SHALL BE DULY
THIS SBLC IS CONSTRUED, GOVERNED AND ISSUED IN ACCORDANCE WITH THE RULES, REGULATIONS AND PRACTICES AS SET FORTH
BY THE INTERNATIONAL CHAMBER OF COMMERCE {ICC}, PARIS, FRANCE, PUBLICATION 600, LATEST REVISION.
THIS SWIFT IS OUR VALID AND OPERATIVE INSTRUMENT. NO MAIL CONFIRMATION WILL FOLLOW. ALL CHARGES ARE FOR THE
ACCOUNT OF APPLICANT.
PLEASE CONFIRM YOU ARE READY TO RECEIVE AND FUND THIS BANK INSTRUMENTS WITH GOOD, CLEAN AND
______________________ ______________________
“EXHIBIT C”
FROM
BANK NAME:
BANK ADDRESS:
BANK TEL:
BANK FAX:
ACCOUNT NAME:
ACCOUNT NO:
TO
BANK NAME:
BANK ADDRESS:
BANK TEL:
BANK FAX:
SWIFT CODE:
ACCOUNT NAME:
ACCOUNT NO:
CURRENCY:
ISSUED DATE:
MATURITY DATE:
AMOUNT:
APPLICANT: XXXXXXXXXXXXXX
BENEFICIARY: XXXXXXXXXXXXXX
Both PROVIDER and RECEIVER agree that the RECEIVER’s and PROVIDER's agents/brokers are entitled to 2% of the
BG/SBLC face value commission fees. These commission fees will be shared between the PROVIDER’s and RECEIVER’s
agents/brokers as specified here below.
The parties agree that the commission fees stated are compensation for services rendered and are irrevocably and unconditionally
guaranteed to be paid by the RECEIVER to the agents and intermediaries listed in this DOA by wire transfer simultaneously with
the RECEIVER’s payment of 32% of the face value of the BG/SBLC as selling fee to the PROVIDER for every tranche and/or
transaction of the *BG/SBLC. The commission fees will be free of legal impediment and free of any deductions, excluding bank
transfer fees, for this and all subsequent transactions between the parties.
In consideration of the mutual benefits to be derived by the associates or affiliated individuals, agents/brokers companies,
designees, trustees or executors, it is understood and agreed that the parties hereto are mutually desirous of effecting this business
transaction in co-operation with one another for their mutual benefit and all signatory parties agree to abide by the following terms
and conditions:
2. The signatory agrees to keep confidential the identity of and all contacts so provided by any other signatories.
3. The parties hereto agree that all commissions or fees as agreed by the parties shall be paid in full at the end of every transaction.
4. This agreement shall be legally binding on the parties hereto, their principals, employees, representatives, agents and assigns in
all countries of the world.
The parties hereto affirm that in every case they will act with the highest standards of ethics and honesty in all their dealings.
This agreement shall be respected and honored at all times, unless otherwise mutually agreed upon and any party will permit no
attempt or hint of circumvention.
Each of the above parties agree and understand that any overt or covert action of circumvention prescribed by this agreement shall
be a fraudulent act against the other party and will be subject to judicial action, recompense for damages, possible punitive
damages and injunctive relief imposed by the legal process.
Both parties hereby agree that the agents and intermediaries referred to in this DOA shall be as follows:
TOTAL COMMISSION FEE OF 0.5% + 1.5% OF FACE VALUE IN USD PAID BY THE LESSE TO BE SHARED
EQUALLY AS FOLLOW:
PARTICULARS PAYMASTER
Name
Bank Name
Bank Address
Account Number
Account Name
SWIFT CODE
Bank Telephone
Beneficiary:
ALL TRANSFER INSTRUCTIONS SHALL STATE: "Funds are clean and clear,
of non-criminal origin and are payable in cash immediately upon receipt by
beneficiary’s bank. The sender is known to us and we are satisfied these funds are
Required Message: good clean of non-criminal origin."
PARTICULARS PAYMASTER
Name
Bank Name
Bank Address
Account Number
SWIFT CODE
Bank Telephone
Beneficiary:
ALL TRANSFER INSTRUCTIONS SHALL STATE: "Funds are clean and clear,
of non-criminal origin and are payable in cash immediately upon receipt by
beneficiary’s bank. The sender is known to us and we are satisfied these funds are
Required Message: good clean of non-criminal origin."
This Fee Protection Agreement has been agreed and executed by the undersigned on this day MM/DD/YYYY.
________________________
Name:
Passport #:
Issue date:
Expiry date:
Place of Issue: