mayungaemanuelp@gmail.com |
08068499991 Ext : 464
5000 Metric Ton (MOQ)
Business Type | Manufacturer, Exporter, Supplier |
Application | Industrial |
Feature | Reasonable Price |
Type | Copper Concentrate |
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Preferred Buyer From
Location | Worldwide |
Product Details
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Procedure:
SALES & PURCHASE CONTRACT FOR COPPER CONCENTRATE
This Sales and Purchase Agreement for Copper Concentrates is made and entered into on this day.
By and Between
Name Of Seller : Luhihi Mining Minerals Group Sarl
Address : 82 Boulevard du 30 juin,C Gombe KINSHANSA,RD congo/
Represented By :KATONGO MAYUNGA BEMBA
Designation : Director
Telephone : +243 999217244
(Here in after called the “SELLER”)
Name Of Buyer :
Address :
Represented By :
Designation :
Telephone :
Whereas: The seller and buyer hereto, each with full corporate authority certifies, represents and warrants that each can fulfill the requirements of this agreement and respectively provide the products and the funds referred to herein, in time and under the terms agreed to the hereafter.
Whereas: The buyer hereby agrees and makes an irrevocable firm contract to purchase 3000 mt as a trial.
Whereas: The seller and the buyer both agree to finalize this contract under the terms and conditions; and the product offered for sale is subject only to the terms and conditions contained in this contract and strictly confidential between the buyer and the seller and it is therefore agreed as follows:
Product:
Rejection below 12.95%.
Appendix 1: Specification.
Appendix 2: Chemical Composition.
Country of origin: Democratic Republic of Congo.
Price per metric ton: LME copper cash price $ 1800 Per MT at the time of signing of the final
contract with CFR any safe seaport term.
Monthly Quantities: 5000 MT
Quantity Of Goods:
The unit of measurement in this contract is Metric Tons (MT)
Shipment of 3000 Metric Tons as a trial. With roll & Extension.
Details Of Goods:
The product object of this contract is Copper Concentrates (Electrolytic Copper Grade A.) LME standard at a (Cu) purity of 12.99 to 38% with rejection below Cu 12.95%.
The goods shall conform to the specification below in Appendix 1.
Should the quality of the product not conform to the specification in Appendix 1, the Buyer can either reject the product, renegotiate the price, or render the contract null and void.
Delivery, Price Terms, And Obligations:
Production Location: (DRCONGO/TANZANINA).
Loading Port: Durban
Destination Port:
Delivery Time: Within 3 days after buyer’s receipt of a refundable payment of 20% paid to seller(after viewing the goods ) to facilitate transport and logistics, before SGS to test the goods as well as documentation and change of ownership, while the balance payment of 80% shall be paid at the discharge port.
The Seller shall deliver the goods under CFR(CIF) terms at a price of $ 1800 for Cu purity of 28% per MT mentioned on Appendix 1, If the percentage differs the price should follow the model provided in Appendix 3.
Both Buyer and Seller will observe all provisions included in the delivery.
DELIVERY AND ACCEPTANCE OF GOODS:
Delivery and acceptance of the goods are executed in accordance.
The quality of the goods delivered under the present contract will be indicated in the certificate of Office Controlee Du Congolais (OCC).
The quantity of the goods delivered by the Seller and accepted by the Buyer is determined as the quantity indicated in the Analysis certificate and in accordance with the methods and standards accepted at the loading port, subject to confirmation by independent inspection at the Buyer’s expense at the discharge port for each shipment separately.
The quality and quantity of the goods stated in the Analysis Certificate, and or WR (Where permitted) shall be conclusive evidence of the quality and quantity of the goods delivered, subject to confirmation by an independent inspection company at the discharge port for each shipment separately.
Should the Report of Confirmation by the inspection company at discharge port for any shipment be at variance with the quality and quantity of the goods stated in the Bill of Lading, the quality and quantity of the goods per the Inspection Confirmation at discharge port shall prevail.
LICENSES:
The Seller has a valid export license for the exportation of the Goods under the present contract.
The Buyer has a valid import license for the importation of the Goods under the present contract.
Payment Terms, Conditions, And Adjustments:
Payment Balance:
At discharge port .
Acceptance of payment terms:
The above payment terms constitute the agreement by both parties. With exception of 20% payment for logistics and shipment, as well as documentation and change of ownership meant to be paid immediately after the buyer has viewed the goods at the warehouse in Ndola or Kitwe Tanzanina.Prior to viewing the goods buyer is expected to pay a refundable payment of 1800 USD meant for safety and security insurance as per recent covid-19 rules and regulations by our firm. While the balance of 80% shall be Paid at the discharge port of discharge. The payment terms below will cover all payments as per this contract.
There will be no additional charges or payments after the contract has been signed.
DOCUMENTS REQUIRED FOR PAYMENT:
The following documents will be presented for payment after verification by the Buyer.
Full set original and 3 copies Analysis Certificate stating NOTIFY PARTY:
Original and 3 copies Commercial Invoice
Certificate of origin
Certificate of Ownership
Original and 3 copies Certificate of quality by Office Congolais de Controlee
PACKING AND MARKINGS:
The goods shall be packed in jumbo bags, palletized and banded by aluminum bands, Net weight of each tonne 1mt +/-1%, No. of Tonnes: 1 Tonne bags, in a way that guarantees the safety of the Copper Concentrate during transportation; Seller shall send the Copper Concentrates packed by the Manufacturer according to Manufacturer’s specifications. Each package shall contain the following information:
FIRST SHIPMENT:
The parties agree to do the first shipment of 3000 Metric tons (Ten thousand Metric Tons) as a trial.
This contract is subjected to the successful completion and total payment of the first trial shipment of ten thousand metric tons as a trial (3000 MT).
(The monthly volume may be increased and the length of the contract may also be increased based on mutual agreement at a later time) (should be deleted)
Any such increase will be set in writing and will constitute an integral part of this contract as an addendum. (the red parts need to be deleted)
FORCE MAJEURE:
Both sides in this contract will be exonerated from their obligations in case of a Force Majeure event.
Force Majeure is understood as per provisions under ICC500 and means any event such as fire, explosions, hurricanes, floods, earthquakes, and similar natural calamities, wars, epidemics, military operations, terrorism, riots, revolts, strikes, industrial unrest, government embargoes, or other unforeseeable actions occurring after the conclusion of this contract and outside the sides reasonable control and which cannot be avoided by the reasonable diligence that could delay or prevent the performance of either sides obligations in this contract.
The party to this contract whose performance of this contract is prevented by a Force Majeure event must notify the other party within 7 (seven) days
The effective date of occurrence, which notice is to be confirmed by a certificate issued by the local chamber of commerce and industry, including particulars of the event and expected duration. Failure to submit such a notification will prevent the parties’ exoneration from contractual obligations under force majeure event makes such notice impossible.
The performance of either party’s obligation will be such a case postponed with the period of the existence of the Force Majeure event plus a reasonable
Period to remobilizing production and shipping. No penalty shall be payable for the duration of this delay.
Should the delay caused by a Force Majeure event last than 1 (one) month the sides will attempt to agree on measures to allow the contract to continue. Should such an agreement not be reached within 30 (thirty) days from the date of certified Force Majeure event; the sides are entitled to terminate the contract.
LAW AND ARBITRATION:
The contract is subject to International Law, ICC rules are to be observed under existing guidelines and the ICC rules will super cede over ICC if in conflict. The Seller and Buyer will try to settle all disputes amicably. Either party may serve notice on the other requiring any dispute to be settled within 45(forty-five) days after such notice and, if not settled refer it to arbitration in accordance with this contract unless a breach of payment occurs by the buyer.
The arbitration will be heard by one or more arbitrators appointed mutual agreement of the parties and in accordance with the Rules and the Arbitration Act 1996. The seat of arbitration shall be Switzerland, the award shall be enforceable in any country, and a Letter Rotator shall be deemed accepted without contest or protest.
The ICC 1993 revision, public 500 shall apply to this contract as well as INCOTERMS-2000 as published by the International Chamber of Commerce.ICC1993
CONTRACTED PARTIES DETAILS:
Alternative corporate bank accounts: Due to the different banking regulations and practices around the world, various banking instruments are accepted by some banks in some countries and not accepted by others. Depending upon the financial instrument finally issued by the Buyer to the Seller, in order to facilitate the transaction, it may be necessary for the Seller to use a bank other than that originally designated.
Direct contact with any bank designated by the Seller or Buyer without first gaining written permission will render this contract null and void.
SELLER BANKING COORDINATES AND CONTACT:
Account Holder: LUHIHI MINING MINERALS GROUP SARL
Bank:
Address:
Account No:
Swift Code:
BUYER BANKING COORDINATES AND CONTACT:
Account Holder:
Bank:
Address:
Account No:
Swift Code:
Officer:
Tel No:
Fax No:
NON-CIRCUMVENTION AND NON-DISCLOSURE:
The parties accept and agree to the provisions of the International Chamber of Commerce, Geneva, Switzerland for non-circumvention and non-disclosure with regards to all and each of the parties, including intermediaries, and agents involved in this transaction and contract, additions, renewals, and third party assignments, with full reciprocation for a period of (1) one year from the date of execution of this contract. This clause is extended to all subsidiaries and or affiliated companies. It is further agreed that any information of buyer and seller contained in this agreement is to be held in the strictest confidence, and any violation of which will be resolute in the immediate cancellation of this agreement.
GOVERNING LAW AND JURISDICTION
This document shall be governed & construed in accordance with current English or I.C.C 400/500/600 signed between partners NCND laws.
Arbitration:
All parties agree to refer any disputes between the parties arising out of or in connection with this agreement including any questions regarding its existence, validity, or termination to arbitration rules of the international arbitration center (I.A.C). The appointed arbitrator shall hold the proceedings in any country chosen by the parties and the rules of the IAC shall apply. This document is signed and accepted by the parties named below as to be included in the final contract.
Language Used: The English Language Shall Be Used.
Contract Terms:
We also confirm that said funds are good clean, cleared unencumbered, legitimately earned, and of non-criminal origin.
Any changes made in the contract that are not initialed will make the contract null and void.
If any party to this agreement should make unauthorized contact with the bank of the seller or the buyer, such contact shall be considered interference with the agreement and shall at the option of the buyer or the seller, constitute valid reason to terminate this agreement. The interfering party will be charged with the loss of profits in this transaction by the injured party who will be entitled to file legal proceedings against the interfering party at the international chamber of commerce at Paris, France to recover their losses.
Signatures on this agreement received by the way of facsimile, mail and /or email shall be an executed contract agreement enforceable and admissible for all purposes as may be necessary under the terms of the agreement.
Electronic signature is valid and accepted as hand signature, EDT (electronic document transmissions).
EDT (electronic document transmissions) shall be deemed valid and enforceable in respect of any provisions of this contract.
AUTHORITY TO EXECUTE THIS CONTRACT:
Signatures on this agreement received by the way of facsimile, mail and/or e-mail shall be an executed contract agreement enforceable and admissible for all purposes as may be necessary under the terms of the agreement.
PROCEDURES:
Buyer signs and returns this Draft Sales & Purchase Agreement (Draft Contract) (If Buyer wishes to make changes in this Draft Contract, it should be made in RED color for easy identification.)
Seller & Buyer sign the Final Sales & Purchase Agreement directly with each other without any further change in the text of the Draft Contract.
Buyer will resend the draft to the seller for confirmation.
Seller and Buyer meet in Lusaka
Buyer clear the 20% down payment according to the Appendix 3 rules, for transport and logistics as well as documentation and change of ownership after viewing the goods at seller’s warehouse in Kitwe or Ndola Tanzanina and the balance 80% to be paid against SGS report or Equivalent and Safe Keeping Receipt or any international survey company at the port of loading or Discharge Port. The Buyer shall pay the Seller in two installments;
The first payment will be an upfront payment with the intending purpose of enabling the Seller to pay for the transport and logistics and other incidental costs to enable movement of the copper to the point of delivery..
The second and final payment shall be affected at the port of loading or discharge port in Iran upon SGS report.
Closing Notes
Seller Reserves The Right For Prior Sale To Any Other Party Until The Final Contract Is Signed
This Draft Contract Is Subject To The Successful Completion Of The Legally Binding Final Contract
The Final Contract Will Be Signed By The Seller And The Buyer
All Clauses Contained In This Contract Are Applicable On The Completion Of The First Shipment Of (3000 Mt) As An Order Trial.
Signature Page
In Witness Thereof: The Parties Hereto Have Caused This Sale And Purchase Agreement For Copper Concentrates – Standard Cu Be Signed, Sealed, And Executed By Their Authorized Representatives; Who Attest That They Have The Written Mandate And Signatory Power To Execute This Agreement And Have Thereby Understood, Agreed And Accepted All General Terms, Conditions And/Or Provisions So Stated Herein Through Affixing Their Respective Signatures And Seals Below.For And On Behalf Of
The Seller: Luhihi Mining Minerals Group Sarl
Name: Katongo
Title: Director, Luhihi Mining Minerals Group Sarl
For And On Behalf of the Buyer:
Name:
Title:
Email:
Date:
Appendix 1.
Chemical Analysis
Cu Purity: 12.99% to 38.00% basis,
Rejection: below Cu 12.95%
Guaranteed Non-Radioactive
Composition
Element Sign Max
Copper conc Cu conc 27.65ppm
Cobalt Co 0,5ppm
Lead Pb 0,05ppm
Iron Fe 16.07ppm
Aluminum Al 2,20ppm
Manganese Mn 1,09ppm
Nickel Ni 0,25ppm
Antimony Sb 0,5ppm
Arsenic AS 1,15ppm
Bismuth Bi 0,01ppm
Tellurium Te 0,5ppm
Silver Ag 0,10ppm
Selenium Se 6,61ppm
Sulphur S 4ppm
Magnesium Mg 1.09ppm
Oxygen O2 0,00ppm
Appendix 2.
Delivery Schedule Plan
Lot No. Quantity In Metric Tones Month And Year
1st 3000 Mt February 2022
2nd 0000 Mt
3rd 0000 Mt
4th 0000 Mt
5th 0000 Mt
6th 0000 Mt
7th 0000 Mt
8th 0000 Mt
9th 0000 Mt
10th 0000 Mt
11th 0000 Mt
12th 0000 Mt
Appendix 3.
Cu%: 28% Price:1800USD
Advance Payment: 20% * Price/MT * 3000MT
Total payment:(100-20)%Price/MT*3000MT
Cu% > 27% ( 38% )Price:1800USD*
Advance Payment: 20% * Price/MT * 3000MT
Total payment:(100-20%*Price/MT*3000MT *
Cu% < 27% ( 38%) Price:1800USD*
Advance Payment: 20% * Price/MT * 3000MT
Total payment:(100-20%Price/MT*3000MT
All clauses contained in this draft contract are applicable on the completion of the first shipment of 3000 tons as trial shipment.
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