Coffee Export Contract
Coffee Export Contract
It is hereby recorded the contract of international sale of goods entered into on the one
hand: AMAZON TRAIDING PERU SAC, a company incorporated under the laws of the
Republic of PERU, duly represented by its GENERAL MANAGER MAYKOL
CORDOVA ROMERO, with Identity Card N°.48391916, domiciled at its main office
located at AV INDUSTRIAL 125 ATE , hereinafter referred to as THE VENDOR and, on
the other hand, RENTOKIL INITIAL CHILE , registered in Entry N° 9683880300-2 of the
Registry of Legal Entities of the Registry Zone N° 9683880300-2 of the Registry Zone N°
9683880300-2 of the Registry of Legal Entities of the Republic of PERU.duly represented
by its General Manager Mr. JULIAN SILVA DE LA FUENTE , and with domicile at Calle
VALPARAISO , N° 455, Urbanización 3, district of SANTIAGO, province and department
of SANTIAGO, Republic of CHILE, hereinafter referred to as THE PURCHASER, who
agree as follows:
GENERAL
CLAUSE ONE:
1.1. These General Conditions are agreed to the extent that they are to be applied jointly
as part of an International Sales Contract between the two parties named herein.
In the event of any discrepancy between these General Conditions and any other Specific
Conditions to be agreed upon by the parties in the future, the Specific Conditions shall
prevail.
1.2. Any situation in relation to this contract that has not been expressly or implicitly
agreed in its contents shall be governed by:
b) In situations not covered by the CISG, the law of the country where the Seller has
its usual place of business shall apply.
1.3. Any reference to terms of trade (such as FOB, CIF, EXW, FCA, etc.) shall be
understood in relation to the so-called Incoterms, published by the International
Chamber of Commerce.
1.4. Any reference made to the publication of the International Chamber of Commerce
shall be understood as being made to its current version at the time of the
conclusion of the contract.
1.5. No modification made to this contract shall be considered valid without the written
agreement of the Parties.
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PRODUCT CHARACTERISTICS
CLAUSE TWO:
2.1. It is agreed by the Parties that SELLER will sell the following products: 500
KILOS OF ROASTED COFFEE AND 500 KILOS OF MILLED COFFEE.
2.2. It is also agreed that any information relating to the products described above
concerning use, weight, dimensions, illustrations, shall have no effect as part of the
contract unless duly mentioned in the contract.
DELIVERY TIME
CLAUSE THREE:
THE SELLER undertakes to deliver within 20 days after receipt of the purchase orders
duly signed by the buyer.
PRICE
CLAUSE FOUR:
The Parties agree on the price of 3000 DOLLARS for the shipment of the products in
accordance with the offer letter and received by the buyer on 02-06-2021(date).
Unless otherwise mentioned in writing, prices do not include taxes, duties, transportation
costs or any other taxes.
The price most frequently offered is on the basis of Incoterms FOB ("Free on Board") if the
shipment will be made by sea, or FCA ("Free Carrier") if it will be made by another mode
of transport.
TERMS OF PAYMENT
CLAUSE FIVE:
The Parties have agreed that payment of the price or any other appropriate sum by BUYER
to SELLER shall be made by advance payment equal to FIFTY PERCENT (50%) of the
amount due price upon shipment of the products, and the remaining FIFTY PERCENT
(50%) after 15 days of receipt of the products by BUYER.
Amounts due shall be credited, unless otherwise agreed, by wire transfer to the Seller's bank
account in the Seller's country of origin, and the Seller shall be credited by wire transfer to
the Seller's bank account in the Seller's country of origin.
BUYER shall be deemed to have fulfilled its payment obligations when the appropriate
sums have been received by SELLER' s Bank and SELLER has immediate access to such
funds.
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INTEREST IN CASE OF LATE PAYMENT
CLAUSE SIX:
If one of the Parties fails to pay the sums of money on the agreed date, the other Party shall
be entitled to interest on the sum for the time the payment should have occurred and the
time it is actually paid, equal to ONE PERCENT (1%) for each day of delay, up to a
maximum late charge of FIFTEEN PERCENT (15%) of the total of this contract.
DOCUMENT RETENTION
CLAUSE SEVEN:
The Parties have agreed that the products shall remain the property of SELLER until
payment of the price by BUYER has been completed.
CLAUSE EIGHT:
Pointing out in detail some aspects that should be made clear, or that you decide to
emphasize.
For example, if you choose the EXW delivery conditions, it is convenient to clarify that the
cost and responsibility of loading the goods to the vehicle, corresponds to the buyer.
It must be remembered that an additional operation involves not only costs, such as
payment to shippers, but also carries an intrinsic risk in case of damage to the goods
during the loading process.
Although the INCOTERMS conditions are clear, it is advisable to discuss and clarify these
details, as there may be ignorance on the part of one of the parties.
DELAY OF SHIPMENTS
CLAUSE NINE:
THE BUYER shall be entitled to claim from THE SELLER the payment of damages
equivalent to 0.5% of the price of the products for each week of delay, unless force majeure
causes are communicated by THE SELLER to THE BUYER.
PRODUCT DISSATISFACTION
CLAUSE TEN:
BUYER shall examine the products as soon as possible after arrival at destination and shall
notify SELLER in writing of any nonconformity with the products within 15 days from the
date BUYER discovers such nonconformity and shall prove to SELLER that such
nonconformity with the products is the sole responsibility of SELLER.
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In any case, THE PURCHASER shall not receive any compensation for such non-
conformity, if it fails to communicate to THE SELLER such situation within 45 days from
the day of arrival of the products at the agreed destination.
The products shall be received in accordance with the Contract notwithstanding minor
discrepancies that are customary in the trade for the particular product.
If such nonconformity is notified by BUYER, SELLER shall have the following options:
a) . Replace the products with undamaged products at no additional cost to the comparator;
or.
b) . Refund to the PURCHASER the price paid for the products subject to nonconformity.
CLAUSE ELEVENTH:
THE BUYER shall immediately inform THE SELLER of any claims made against THE
BUYER by customers or third parties in connection with the products shipped or
intellectual property rights related thereto.
SELLER shall immediately inform PURCHASER of any claim that may involve
PURCHASER's responsibility for the products.
CLAUSE TWELFTH:
No termination charge shall apply to either SELLER or BUYER, nor shall either party be
liable, if this agreement is forced to terminate due to circumstances reasonably deemed
beyond the control of either party.
The party affected by such circumstances shall immediately notify the other party.
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DISPUTE RESOLUTION
CLAUSE THIRTEENTH:
Unless otherwise stipulated in writing, all disputes arising in connection with this
agreement shall be finally settled by the law in force in the Republics of Peru and Chile and
shall be subject to the exclusive jurisdiction of the courts of Peru and Chile, which the
parties hereby nominate, unless a party desires to seek arbitration proceedings in
accordance with the arbitration rules of one or more arbitrators appointed by one or more of
the arbitrators appointed by the parties.The parties hereby nominate the courts of Peru and
Chile, unless a party desires to seek arbitration in accordance with the arbitration rules of
Peru and Chile by one or more arbitrators appointed in accordance with such rules.
HEADLINES
CLAUSE FOURTEEN:
The headings contained in this agreement are for reference purposes only and shall not
affect the interpretation of this agreement.
NOTIFICATIONS
CLAUSE FIFTEENTH:
All notices given under this agreement shall be in writing and shall be duly delivered by
certified mail, return receipt requested, to the address of the other party mentioned above or
to such other address as the party has likewise designated in writing to the other party.
COMPREHENSIVE AGREEMENT
CLAUSE SIXTEEN:
No changes or modifications shall be made to any of the terms of this agreement unless
modified in writing and signed by both Parties.
As a sign of conformity with all the agreements set forth in this contract, the parties hereby
execute this document in the city of LIMA, on the 13th day of May, 2012.
THE BUYER
THE VENDOR
JULIAN SILVA DE LA FUENTE
MAYKOL CORDOVA ROMERO
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MANAGER MANAGE
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