Professional Documents
Culture Documents
RMH- KK
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In specific deals where one of “The Parties” acting as an agent allows the buyers or
buyer’s mandate, and the seller to deal directly with one another, the agent shall be
informed of the development of the transactions by receiving copies of the correspondence
made between the buyer or buyer’s mandate and the seller.
P. 2
RMH- KK
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TERM
This agreement shall be valid for five (5) years commencing from the date of this
agreement.
This agreement has an option to renew for a further period of five (5) years subject to and
upon the terms and conditions agreed between both parties.
ARBITRATION
All disputes arising out of or in connection with the present contract shall be finally settled
under the rules of arbitration of the “International Chamber of Commerce (ICC)” by one
or more “Arbitrators” appointed in accordance with the said rules.
Each of “The Parties” subject to the declared breach shall be responsible for their own
legal expenses until an award is given or settlement is reached, provided however, “That
RMH- KK
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FORCE MAJEURE
A party shall not be considered or adjudged to be in violation of this agreement when the
violation is due to circumstances beyond its control, including but not limited to act of God,
civil disturbances and theft or appropriation of the privileged information or contract(s)
without the intervention or assistance of one or more of “The Parties”.
This agreement shall be binding upon all entities owned or controlled by a party and upon
the principal(s), employee(s), assignee(s), family and heirs of each party.
Neither party shall have the right to assign this agreement without the express written
consent of the other.
T
“ he Parties” agree not to circumvent or attempt to circumvent this agreement in an effort
to gain fees, commissions, remunerations or considerations to the benefit of the one or more
if “The parties” while excluding other or agree to benefit to any other party.
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This FEE AGREEMENT [FA], is intended for the herein named recipient only and shall in
no case be made available, transferred to, nor relied upon by any other party or entity not
named herein.
The following outlines what the parties to the Sale and Purchase Agreement have mutually
agreed in respect to distribution of derived commissions, relating to any and all executed
and consummated transactions under above referenced Transaction Code.
1. Total Fees of THREE PERCENT ( 3 %) of TOTAL FACE VALUE CONTRACT
FOR THE AU METAL-GOLD Commodity), for acknowledged services rendered
and as a result of the contribution of the parties to this AU-GOLD METAL Sale and
Purchase Agreement, all commissions, will be allocated BY THE BUYER and
distributed as follows:
These funds will be transferred, via IRREVOCABLE AND UNCONDITIONAL
SWIFT MT103+ by the BUYER, into the Intermediaries Bank accounts as indicated
below:
CONTRACT COMMODITY: Au Metal using Bank to Bank Procedures
QUANTITY: 100 MT TO 6,000MT WITH EXTENSIONS
FORMAT: 12.5 KG bars of GLD Standard
DELIVERY: C.I.F. BASIS any designated buyer’s place.
PURITY: Guaranteed to be 999.5 or better in Gold purity.
HALLMARK: Internationally accepted hallmarks.
PRICE: UNDER LBMA, 2ND FIXING DAY OF DELIVERY OF GOLD & PAYMENT
DISCOUNT: 12% GROS NET 8% TO BUYER – (SUBJECT FOR NEGOTIATION
AS PROPOSED BY BUYER ).
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SWIFT CODE :
ACCOUNT HOLDER
:
ACCOUNT NAME :
ACCOUNT NUMBER :
BANK OFFICER
:
BANK PHONE NUMBER :
BANK FAX NUMBER :
FEES:
GROUP 2
NAME:
BANK NAME :
ADDRESS :
SWIFT / BIC CODE :
ACCOUNT NAME :
ACCOUNT NUMBER :
BANK OFFICER :
BANK PHONE NUMBER : +
BANK FAX NUMBER : +
FEES:
GROUP 3
NAME:
BANK NAME :
ADDRESS :
SWIFT / BIC CODE :
ACCOUNT NAME :
ACCOUNT NUMBER :
BANK OFFICER :
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V FEES: 0.50% OF 1.0% FROM 1.5% COMMISSION TO THE BUYER’S MANDATE FOR THE TOTAL
CONTRACT ALUE INCLUDING ROLL OF EXTENSIONS : XXXXXXXXX-WRONG MEANING ¡
FEES: 0.5% FROM 1.5% COMMISSION TO THE BUYER’S MANDATE FOR THE TOTAL CONTRACT
VALUE INCLUDING ROLLS AND EXTENSIONS.
GROUP 2 BUYER’S MANDATE
GROUP: C/O BUYER’S MANDATE ASSIGN.
NAME:
BANK NAME :
ADDRESS :
SWIFT / BIC CODE :
ACCOUNT NAME :
ACCOUNT NUMBER :
BANK OFFICER :
BANK PHONE NUMBER : +
BANK FAX NUMBER : +
RMH- KK
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2. Furthermore, all funds shall be paid without any off-sets restrictions, imposts,
impediments, free of all national and local taxes, duties, free and clear of all
encumbrances, debts and/or liens, deductions, charges, fees and/or withholding of
any nature presently or in the future imposed levied and/or assessed by any
Government, State and/or any Governmental Subdivision or Authority thereof or
therein and the Buyer guarantees delivery of these funds with full corporate
authority and responsibility as good, clean, clear funds of non-criminal origin and
non-terrorist origin in the form of United States Dollars (USD) or such other
currency as may be agreed between the parties (daily exchange rates will apply to
any currency).
3. The Intermediaries shall nominate Bank accounts into which the commission
payments shall be deposited, and these may be amended during the life of the Sale
and Purchase Agreement by the Intermediaries giving FIVE ( 5) banking days
notice to the Buyer and/or Buyer’s Bank.
4. This FA is valid for the entire term of the transactions under the above referenced
Transaction Code, and shall apply to any of the renewals, extensions, rollovers,
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5. The parties hereto agree that the execution of a facsimile or e-mail copies of this
fee agreeemnt or of the Sale and Purchase Agreement / FA shall have the same
force and effect as an executed original and are good for any legal purpose and
shall be binding upon the parties hereto.
6. This FA is valid for this Sale and Purchase Agreement and shall be governed by
the enforceable law of the country of juridiction –U.S.A., and if contract is executed
in Switzerland Swiss Law in Zürich/ Switzerland shall apply. And in the event of
dispute, by arbitration and such arbitration to take place, in the country the aggrieve
party wants to proceed with legal matters under the laws of jurisdiction.
The transmission of this agreement through any electronic mean or any similar programs,
telefax or e-mail shall be legal and binding.
Each representative signing below guarantees that he/she is duly empowered by his/her
respectively named company to enter into and be bound by the commitments and
obligations contained herein either as individual, corporate body or on behalf of a corporate
body.
********************************************************
BUYER,
SIGNATURE:
Signatory’s Full Name, SIGNED BY THE BUYER PRINCIPAL,
Karen Kennedy
U.S. PETROLEUM & REFINERIES CORP.
: B.A.; M.B.A., PRESIDENT- PROCUREMENT DEPT.
Company Name : U.S. PETROLEUM & REFINERIES CORP.
Address : BEVERLY HILLS, CALIFORNIA, U.S.A.; AND
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Company Seal :
Signed Date : JANUARY 12TH , 2010
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3) SELLER’S - MANDATE SIGNATURE:
Signatory’s Full Name:
TITLE:
Company Name:
Position in Company:
Address:
Phone: +
Fax: +
RMH- KK
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**********************************
4) FACILITATORS’ SIGNATURES :
1- ____________________________________
Signatory’s Full Name: LEONARDOVITO L. ESCLETO
Company Name: ENTREPRENEUR
Position in Company: INTERMEDIARY/ FACILITATOR/ PAYMASTER
Address: # 15-A, PALMA STREET, CORNER REMOLADOR STREET, TAGBILARAN
CITY, BOHOL, PHILIPPINES-6300.
Phone: +
Fax: +
Mobile: CELL # 639159145174
E-mail: <borogtoto@yahoo.com> Nationality: FILIPINO
COMPANY
Signatory’s Full Name:
Company Name:
Position in Company:
Address:
Phone: + Fax: + Mobile: +
E-mail: Nationality: COMPANY
RMH- KK
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RMH- KK
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1st Initial .- 2nd Initial - 3rd Initial - 4th Initial - 5th Initial - 6th Initial 7th Initial