Some explanations about the "Contract" needed.
ARTICLE 02 – ORIGIN<PRODUCT COUNTRY OF ORIGIN>
ARTICLE 03 – DELIVERY TERMSTHE DATE(S) OF ARRIVAL AT THE LOADING PORT SHALL BE CONSIDERED THE DATE(S) OF DELIVERY. THE DELIVERY SHALL BE ASSAYED BY THE INDEPENDENT CERTIFICATIONS OF
SGS AT LOADING PORT. THE FIRST SHIPMENT TO THE PORT OF LOADING SHALL BEGIN WITHIN,
IT MEANS AS FROM (6090) SIXTY TO NINETY DAYS OF RECEIPT OF THE URO PAYMENT TO THE SELLER. THE SELLER SHALL HAVE THE RIGHT TO DELIVER EARLIER THAN AGREED IN THIS CONTRACT GIVING NOTICE TO ALL DESIGNATED PARTIES AS REQUIRED HEREIN, WITH THE APPROVAL OF THE BUYER. THE BUYER AND THE SELLER AGREE THAT PARTIAL SHIPMENTS ARE NOT ALLOWED AND TRANSHIPMENT NOT ALLOWED.
SGS= Societe Generale De Surveillance. Do you know what they do?
Shipment begins within 60 to 90 days of receipt of payment to the seller? Does that mean a buyer will have to wait for 3 months for the shipment to begin? Earlier shipment is dependent on all parties agreeing?ARTICLE 04 – PRICETHE PRICE IS 1 URO PER METRIC TONNE, FOB <NAME OF PORT>, AS APPOINTED BY SELLER. THE TOTAL AMOUNT OF THE ONE SHIPMENT IS 12,500 URO.
What if the seller can’t or doesn’t have access to a port? Most ports around the world are governed by strict guidelines. Most farmers are poor and would not have the money to pay for shipping and port access.ARTICLE 05 – QUANTITYTHE TOTAL QUANTITY OF PURCHASE FOR THIS CONTRACT IS 12,500 METRIC TONS, WHICH WILL BE
DELIVERED IN AS PER THE SCHEDULE. THE SHIPMENT OF 12,500 METRIC TONS WILL BE SCHEDULED IN WRITING BY BOTH PARTIES IN THIS CONTRACT OF SALE OF PRILLED UREA N46. FOR THIS SCHEDULE (ADDENDUM A), AN INDEPENDENT CONTRACT WILL BE CREATED FOR EACH DELIVERY, THAT IS SUBJECT TO THE TERMS AND CONDITIONS OF THIS AGREEMENT. THE REAL QUANTITIES OF THE CONTRACT SHALL BE DETERMINED BY THE CERTIFICATIONS OF WEIGHT, ISSUED BY THE INSPECTION AUTHORITY AT PORT OF LOADING IN ORIGIN FOR EACH LOADING.
ARTICLE 06 – PRODUCT WEIGHT AND QUALITYTHE SELLER GUARANTEES THAT DELIVERY OF THE PRILLED UREA N46 SHALL BE PROVIDED WITH AN INSPECTION CERTIFICATE OF WEIGHT AND QUALITY AT THE TIME OF LOADING, SUCH CERTIFICATES SHALL BE PROVIDED BY SGS AT SELLER’S EXPENSE, AND SHALL BE DEEMED TO BE FINAL. THE SELLER SHALL INSTRUCT SAID AUTHORITY TO CARRY OUT THE INSPECTION IN STRICT ACCORDANCE WITH THE
INTERNATIONAL CHAMBER OF COMMERCE (I.C.C.) RULES.Where is this mentioned in the ICC rules?ARTICLE 07 – PACKING OF THE PRODUCTTHE PRODUCT WILL BE DELIVERED IN BULK
ARTICLE 08 – INSURANCE POLICYTHE BUYER SHALL PROVIDE INSURANCE AT HIS SOLE EXPENSE AND RESPONSIBILITY.
The buyer carries the expense of insurance. Where do they get the insurance policy from?ARTICLE 09 – FORCE MAJEURESNEITHER PARTY TO THIS CONTRACT SHALL BE HELD RESPONSIBLE FOR BREACH OF CONTRACT CAUSED BYAN ACT OF GOD, INSURRECTION, CIVIL WAR, MILITARY OPERATIONS OR LOCAL EMERGENCIES. THE PARTIESAGREE AS FORCE MAJEURE AS PUBLISHED BY THE INTERNATIONAL CHAMBER OF COMMERCE (ICC). WHENTHE FORCE MAJEURE HAPPENS,
THE BUYER OR SELLER MUST IMMEDIATELY SEND WITHIN 35 DAYS,THEREAFTER BY REGISTERED AIRMAIL, TO THE OTHER PARTY, A CERTIFICATE OF FORCE MAJEURE ISSUEDBY A COMPETENT GOVERNMENT AUTHORITY AT THE PLACE WHERE THE FORCE MAJEURE OCCURED ASEVIDENCE THEREOF.
So what, what is the certificate, which has to be delivered by airmail going to do? If there is a civil war or earthquake how is the seller going to be certain they can notify anybody in 35 days? Governments are going to be interested in looking after the people instead of worrying about issuing certificates to prove there a was an earthquake just for the sake of a urea shipment.ARTICLE 11 TAXESALL TAXES OR LEVIES IMPOSED BY THE COUNTRY OF DESTINATION HAVING ANY EFFECT ON THIS CONTRACTARE ON THE BUYER'S ACCOUNT AND HIS SOLE RESPONSIBILITY. IF NECESSARY, BUYER MUST HAVE ALLIMPORT PERMISSIONS AND PERMITS IN WRITING AND COPY SENT TO SELLER. BUYER BEARS THE SOLERESPONSIBILITY OF SECURING ALL PERMITS, LICENSES OR ANY OTHER DOCUMENTS REQUIRED BY THEGOVERNMENT OF THE IMPORTING NATION. SELLER WILL BEAR NO RESPONSIBILITY TO PROVIDE SUCHDOCUMENTATION. BUYER WILL BEAR ALL COSTS ASSOCIATED WITH SECURING SUCH DOCUMENTS AND WILLALSO
BEAR ALL COSTS AND PENALTIES IF SUCH DOCUMENTS ARE NOT SECURED. IN NO CASE SHALL THESELLER BE HELD LIABLE FOR MISSING OR IMPROPER DOCUMENTATION THE BUYER IS REQUIRED TOPROVIDE. THE SELLER AGREES TO PROVIDE PROMPTLY ANY DOCUMENT THE BUYER MAY REQUIRE INORDER TO OBTAIN ALL NECESSARY IMPORT PERMISSIONS AND PERMITS.
A farmer bears the expenses of everything. Convenient that the seller bears no responsibility. A farmer who may not be able to read English, as article 16 of this protocol expects all documents and correspondence to be in English. Only 4.61% of world’s population speaks English.http://en.wikipedia.org/wiki/List_of_languages_by_number_of_native_speakersARTICLE 13 – ARBITRATIONTHE PARTIES HEREBY AGREE TO SETTLE ALL DISPUTES AMICABLY. THE DISPUTE IN QUESTION SHALL BE SUBMITTED TO 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 BY ONE OR MORE ARBITRATORS APPOINTED IN ACCORDANCE WITH THE SAID RULES. THE PLACE OF ARBITRATION SHALL BE THE INTERNATIONAL CHAMBER OF COMMERCE COURT OF ARBITRATION, IN PARIS/FRANCE UNDER I.C.C. RULES AND REGULATIONS. THE LOSING PARTY WILL PAY THE ARBITRATION FEE. EACH PARTY SHALL PAY ITS OWN LAWYERS AND LEGAL FEES. IT IS UNDERSTOOD THAT IN THE EVENT OF DISPUTE OR ARBITRATION. THE AWARD OF ICC SHALL BE FINAL AND BINDING FOR BOTH PARTIES.
The ICC deals with International Trade Agreements and summits such as G20. To be able to use the ICC services you need to be a member.
Are GES, India NIER (no company known), Crown Team Corp, CCL Pillay Group, Nilesh Nair, Naresh Kumar, Mohamad Z Zukari or Schalk Dividson or Davidson members of the ICC?
Who are Naresh Kumar, Mohamad Z Zukari or Schalk Dividson or Davidson?
The ICC does not deal with individual contract agreements such as this one. See linkhttp://www.iccwbo.org/about-icc/policy-commissions/arbitration/ARTICLE 15 – EXECUTION OF CONTRACTEACH OF THE PARTIES TO THIS CONTRACT REPRESENTS THAT IT HAS FULL LEGAL AUTHORITY TO EXECUTE THIS CONTRACT AND THAT EACH PARTY IS TO BE BOUND BY THE TERMS AND CONDITIONS AS SET FORTH HEREIN. EACH PARTY AGREES THAT CONTRACT MAY BE EXECUTED SIMULTANEOUSLY BY AND BETWEEN THE PARTIES VIA EMAIL, EACH OF WHICH SHALL BE DEEMED AS ORIGINAL NATURE. THIS CONTRACT REPRESENTS THE ENTIRE AGREEMENT BETWEEN THE PARTIES AND ANY CHANGE WILL BE MADE IN WRITING, EXECUTED BY BOTH PARTIES. THE CONTRACT AND AGREEMENT IS ASSIGNABLE AND TRANSFERABLE BY EITHER PARTY
How would any change be made if it is all in favour of the seller?
The seller would not agree to anything that reduces their profit or power over the seller, especially a poor farmer. Please explain.ARTICLE 16 – LANGUAGETHE ENGLISH LANGUAGE SHALL BE USED, IN ALL DOCUMENTS, COMMUNICATIONS AND LEGAL
PROCEEDINGS
ARTICLE 17 – NON CIRCUMVENTION & NON DISCLOSURETHE PARTIES ACCEPT AND AGREE TO THE PROVISIONS OF THE INTERNATIONAL CHAMBER OF COMMERCEPARIS/FRANCE FOR NONCIRCUMVENTION AND NONDISCLOSURE WITH REGARDS TO ALL AND EVERYONE OF THE PARTIES INVOLVED IN THIS TRANSACTION AND CONTRACT, ADDITIONS, RENEWALS, AND THIRD PARTY ASSIGNMENT, WITH FULL RECIPROCATION FOR A PERIOD OF FIVE (05) YEARS FROM THE DATE OF EXECUTION OF THIS CONTRACT.
ARTICLE 18 – GOVERNING LAWTHIS CONTRACT SHALL BE GOVERNED AND INTERPRETED IN ACCORDANCE WITH THE UNITED NATIONS CONVENTION FOR THE SALE OF GOODS U.N. CONVENTION. IN EVENT OF INCONSISTENCY BETWEEN THIS CONTRACT AND THE PROVISIONS OF THE
U.N. CONVENTIONS, THIS CONTRACT SHALL HAVE PRIORITY FOR THE PURPOSE OF ARTICLE 39, OF THE U.N. CONVENTION; A REASONABLE PERIOD OF TIME SHALL BE DEEMED TO BE 10 DAYS. THIS CONTRACT SHALL FURTHER BE CONSTRUED IN ACCORDANCE WITH THE PROCEDURAL RULES OF THE COURTS OF THE EUROPEAN UNION, WHICH SHALL APPLY SUBSTANTIVE ICC RULES AND REGULATIONS.
Article 39 is below. It is the buyers responsibility of anything goes wrong.
More information about article 39 is below, India, Pakistan and Hong Kong are not part of the UN Conventions on Contracts. So how is this going to be enforced?http://www.cisg.law.pace.edu/cisg/text/treaty.htmlArticle 39
(1) The buyer loses the right to rely on a lack of conformity of the goods if he does not give notice to the seller specifying the nature of the lack of conformity within a reasonable time after he has discovered it or ought to have discovered it.
(2) In any event, the buyer loses the right to rely on a lack of conformity of the goods if he does not give the seller notice thereof at the latest within a period of two years from the date on which the goods were actually handed over to the buyer, unless this time-limit is inconsistent with a contractual period of guarantee.http://www.uncitral.org/pdf/english/texts/sales/cisg/V1056997-CISG-e-book.pdfhttp://en.wikipedia.org/wiki/United_Nations_Convention_on_Contracts_for_the_International_Sale_of_Goods#Part_III:_Sale_of_Goods_.28Articles_25.E2.80.9388.29United Nations Convention on Contracts for the International Sale of Goods
As of June 2014, the following states have ratified the convention:[12]
• Albania
• Argentina
• Armenia
• Australia
• Austria
• Bahrain
• Belarus
• Belgium
• Bosnia and Herzegovina
• Brazil
• Bulgaria
• Burundi
• Canada
• Chile
• China (People's Republic of)
• Colombia
• Congo
• Croatia
• Cuba
• Cyprus
• Czech Republic
• Denmark
• Dominican Republic
• Ecuador
• Egypt
• El Salvador
• Estonia
• Finland
• France
• Gabon
• Georgia
• Germany
• Greece
• Guinea
• Honduras
• Hungary
• Iceland
• Iraq
• Israel
• Italy
• Japan
• Kyrgyzstan
• Latvia
• Lebanon
• Lesotho
• Liberia
• Lithuania
• Luxembourg
• Mauritania
• Mexico
• Moldova
• Mongolia
• Montenegro
• Kingdom of the Netherlands (European territory and Aruba)
• New Zealand
• Norway
• Paraguay
• Peru
• Poland
• Romania
• Republic of Korea
• Russian Federation
• Saint Vincent and the Grenadines
• San Marino
• Serbia
• Singapore
• Slovakia
• Slovenia
• Spain
• Sweden
• Switzerland
• Syrian Arab Republic
• Republic of Macedonia
• Turkey
• Uganda
• Ukraine
• United States of America
• Uruguay
• Uzbekistan
• Venezuela
• Zambia
ARTICLE 18 – GOVERNING LAWTHIS CONTRACT SHALL BE GOVERNED AND INTERPRETED IN ACCORDANCE WITH THE UNITED NATIONS CONVENTION FOR THE SALE OF GOODS U.N. CONVENTION. IN EVENT OF INCONSISTENCY BETWEEN THIS CONTRACT AND THE PROVISIONS OF THE
U.N. CONVENTIONS, THIS CONTRACT SHALL HAVE PRIORITY FOR THE PURPOSE OF ARTICLE 39, OF THE U.N. CONVENTION; A REASONABLE PERIOD OF TIME SHALL BE DEEMED TO BE 10 DAYS. THIS CONTRACT SHALL FURTHER BE CONSTRUED IN ACCORDANCE WITH THE PROCEDURAL RULES OF THE COURTS OF THE EUROPEAN UNION, WHICH SHALL APPLY SUBSTANTIVE ICC RULES AND REGULATIONS.
As above, how is this going to be enforced?ARTICLE 19 – SPECIAL CLAUSETHIS
EMAIL CONTRACT SHALL BE DEEMED AS INVALID UNTIL SIGNED BY BOTH PARTIES, THIS EMAIL CONTRACT WILL BE OF NO EFFECT AND UNENFORCEABLE AFTER THE HARD COPY CONTRACT IS SIGNED AND EXCHANGED. THEREAFTER ANY ADDITIONS, DELETIONS OR AMENDMENTS WILL NOT BE VALID UNLESS RENDERED IN WRITING AND SIGNED BY ALL PARTIES CONCERNED VIA EMAIL FOLLOWED BY HARD COPIES. GOODS SHALL BE DEEMED TO BE IN "FULL QUANTITY", ”DATE OF DELIVERY" SHALL BE THE DATE AT WHICH THE GOODS HAVE ARRIVED AT THE LOADING PORT.
How can a contract be valid as an email? Do the farmers have access to the internet or even email? There are problems getting access to the internet in the Middle East and in some parts of Eastern Europe.What happens if the seller says he doesn’t have the contract, yet takes the persons money?ARTICLE 20 – CLAIMIN THE EVENT THAT THE SELLER IS LIABLE FOR THE DISCREPANCIES AND THE BUYER LODGES A CLAIM WITHIN SEVEN (7) DAYS AFTER ARRIVAL OF THE GOODS AT THE LOADING PORT, SUCH CLAIMS MUST BE ACCOMPANIED BY AN INSPECTION CERTIFICATE ISSUED BY SGS (SOCIETE GENERALE DE SURVEILLANCE).
Information about SGS http://en.wikipedia.org/wiki/SGS_S.A.
Even the title of the SGS is wrong in the protocol.ARTICLE 21 – VALIDITY PERIODTHE VALIDITY OF THE CONTRACT IS RELATED WITH THE DURATION OF THE SHIPMENTS, EXCEPT FOR ANY ARTICLE THAT BY ITS NATURE SURVIVES TERMINATION AND ADDENDUM “C” (CONFIDENTIALITY) WHICH SHALL BE VALID FOR A MINIMUM PERIOD OF FIVE (05) YEARS FROM THE TERMINATION DATE OF THIS AGREEMENT.
Confidentiality for five years? Be too late to notify ICC which state they need to be notified within two years of any trade agreement problems.
ICC deal with major international arrangements, not some digital currency traded for urea. A currency which has not been certified.
ARTICLE 22 – BANKING INFORMATIONALL BANK CHARGES AND COMMISSIONS AT BUYER’S BANK FOR BUYER’S ACCOUNT. ALL CONFIRMATION CHARGES ARE AT BUYER’S ACCOUNT. ALL BANK CHARGES AND COMMISSIONS AT SELLER’S BANK FOR SELLER’S ACCOUNT. ANY ADDITIONAL BANK FEES SHALL BE FOR THE REQUESTED PARTY’S ACCOUNT.
ARTICLE 23 – PENALTY CLAUSEIF FOR ANY REASON BUT FORCE MAJEURES ONE PARTY FAILS WITH AGREED OBLIGATIONS, EITHER DUE TO NEGLIGENCE, MISINFORMATION, FAKES AND/OR SIMILAR, FAILING PARTY IS TO PAY A PENALTY AMOUNT EQUIVALENT OF 5% OF THIS CONTRACT WHOLE VALUE.
How is that going to be proved?
Are people going to fly to Paris or some other part of the world to dispute any negligence especially poor farmers?ARTICLE 24 – CONTRACT SIGNATORIESTHE CONTRACT TO BE VALID SHOULD BE SIGNED & SEALED BY BOTH PARTIES ON ALL PAGES. THIS CONTRACT IS WRITTEN IN SIX (6) PAGES, INCLUDING THIS PAGE AND ADDENDUM A AND B, EACH PAGE MUST BE DULY SIGNED BY EACH PARTY. IN WITNESS THEREOF, THE PARTIES HAVE SIGNED BELOW AND BY DOING SO HAVE ACCEPTED AND APPROVED ALL COVENANTS, TERMS AND CONDITIONS OF THIS CONTRACT.
THIS CONTRACT VALIDITY IS SUBJECT TO RECEIPT BY THE SELLER OF 12,500 URO WITH 40 BLOCK CONFIRMATIONS. THIS CONTRACT VALIDITY IS SUBJECT TO BUYER INITIALING ALL PAGES AND SIGN AND SEAL AS BUYER INCLUDING HIS PASSPORT ORIGIN AND NUMBER.
ADDENDUM “A” – SCHEDULE OF DELIVERIESTOTAL QUANTITY OF PURCHASE OF PRILLED UREA N46 IS 12,500 METRIC TONS THAT WILL BE DELIVERED AS A SPOT ORDER, AS PER CONTRACT AND SHALL BE DELIVERED UNDER THE FOLLOWING TERMS AND CONDITIONS. DELIVERY SHALL BEGIN WITHIN 90 DAYS AFTER RECEIPT OF PAYMENT TO SELLER. THE DELIVERY MUST BE FOB. THE CONTRACT DURATION IS RELATED WITH THE DURATION OF THE SHIPMENTS.
ADDENDUM “B” – BANKING INFORMATIONANY CONTACT WITH EITHER PARTIES BANKS WITHOUT THE EXPLICIT WRITTEN PERMISSION OF THAT PARTY WILL AUTOMATICALLY RENDER THIS CONTRACT NULL & VOID. THE PARTIES RESERVES THE RIGHT TO USE ONE OF THEIR ALTERNATE CORPORATE BANK ACCOUNTS. IN THE EVENT AN ALTERNATE ACCOUNT IS TO BE USED, THAT PARTY WILL NOTIFY BUYER OF NEW BANK COORDINATES WITHIN 48 HOURS OF RECEIPT OF SIGNED AND SEALED CONTRACT. NEITHER PARTY WILL FORWARD ANY FINANCIAL INSTRUMENT OR CORRESPONDENCE TO THE OTHER PARTIES BANK WITHOUT FIRST NOTIFYING THE OTHER PARTY.
So the buyer will have no understanding about where the money is going? This is an absurd clause.ADDENDUM “C” – CONFIDENTIALITYTHE PRODUCT OFFERED FOR SALE IS SUBJECT ONLY TO THE TERMS AND CONDITIONS CONTAINED IN THIS CONTRACT AND STRICTLY CONFIDENTIAL BETWEEN THE BUYER, THE SELLER AND THE AGENTS. ALL PARTIES DO HEREIN AGREE THAT NONCIRCUMVENTION AND NONDISCLOSURE RULES OF ALL ISSUES FROM INTERNATIONAL CHAMBER OF COMMERCE (ICC) 600, AND ANY OTHER APPLICABLE ICC LAW PROTECTING CONFIDENTIALITY, NONDISCLOSURE AND NONCIRCUMVENTION APPLY TO THIS TRANSACTION FOR A PERIOD OF 10 (TEN) YEARS FROM THE DATE OF EXECUTION, AND A FURTHER 10 (TEN) YEARS FROM THE DATE OF TERMINATION. BUYER, SELLER AND AGENTS RESPECT THE HIGHLY CONFIDENTIAL NATURE OF THIS CONTRACT AND AGREE TO MAINTAIN IN STRICTEST CONFIDENCE THE NAMES OF THE PARTIES WHOSE IDENTITIES MAY BECOME KNOWN TO ONE ANOTHER THROUGH EITHER THE TENDERING OF DOCUMENTS OR ASSEMBLY OF BANKING AND GOVERNMENT APPROVALS. THE PARTIES AGREE TO MAINTAIN STRICT CONFIDENTIALITY CONCERNING THE IDENTITIES OF THE PARTIES DIRECTLY OR INDIRECTLY INVOLVED IN THIS TRANSACTION. ALL DATA REMAINS THE PROPERTY OF THE PARTY WHICH HAS BROUGHT THE RESPECTIVE DATA INTO THIS TRANSACTION. ANY OF THE PARTIES BREACHING THIS RULE WILL BE LIABLE FOR ANY DAMAGES RESULTING FROM SUCH ACTION TO BE COMMITTED DELIBERATELY OR BY NEGLIGENCE.IN CASE OF BREACH OF THE RESPECTIVE RULES EMITTED. THE PLACE OF ARBITRATION SHALL BE THE INTERNATIONAL CHAMBER OF COMMERCE COURT OF ARBITRATION, IN PARIS/FRANCE UNDER I.C.C. RULES AND REGULATIONS. THIS PRODUCT IS OFFERED FOR SALE SUBJECT TO THE AGREEMENT TERMS AND CONDITIONS. PREVIOUS TRANSACTIONS, IF ANY, BETWEEN THE BUYER AND THE SELLER OR THEIR PARTIES SHALL AT NO TIME AFFECT THE TERMS AND CONDITIONS OF THIS AGREEMENT, AND ACCEPTANCE OF THE PRODUCT BY THE BUYER SHALL BE CONCLUSIVE EVIDENCE BEFORE ANY COURT OR LAW OF ARBITRATION THAT THESE TERMS AND CONDITIONS APPLY. IT IS FURTHER AGREED THAT ALL INFORMATION EXCHANGED BETWEEN THE SELLER, BUYER AND AGENTS IN THE COURSE OF THE NEGOTIATIONS AND EXECUTION OF THIS AGREEMENT, WHETHER INCLUDED IN THIS AGREEMENT OR NOT SHALL BE HELD IN STRICTEST CONFIDENCE, AND ANY VIOLATION OF WHICH WILL RESULT IN THE IMMEDIATE CANCELLATION OF THIS AGREEMENT, IF THIS IS THE DECISION OF THE AGGRIEVED PARTY, WHO WILL HAVE THE RIGHT TO SEEK
REDRESS IN A COURT OF LAW IN THE AGREED JURISDICTION.
This would never happen as the ICC don’t deal with these matters. Why have a confidentiality agreement for 10 years? That takes a persons right to do anything. Who would agree to this?Please explain how most of this protocol appears to have been modified from the ICC website or the UN website? Wouldn't this be called plagiarism?
Was this protocol written by a certified person?
Poll
