217-Pi - PMB-2911MT-DDP Muyupampa
217-Pi - PMB-2911MT-DDP Muyupampa
217-Pi - PMB-2911MT-DDP Muyupampa
NO : AE/BGT/CTL.BV/2017/217
DATE : April 03, 2017
PAGE : 1/3
The Buyer:
JOSE CARTELLONE CONSTRUCCIONES CIVILES S.A.- SUCURSAL BOLIVIA
Calle Francisco Javier Iriarte no. 10
Entre 15 y 16 Zona Achumani
La Pza, Bolivia - NIT 178586021
Tel: +591 (2) 2120480 – (2) 2120394
The Seller:
BITUMINA GENERAL TRADING LLC
OFF. M-05 Al Joud Bldg, Sheikh Zayed Road,
P.O. Box 213444, Dubai – United Arab Emirates
This Proforma Invoice was issued on the date first above written, whereas BITUMINA GENERAL TRADING LLC (hereinafter
referred to Seller) agrees to sell and JOSE CARTELLONE CONSTRUCCIONES CIVILES S.A.- SUCURSAL BOLIVIA (hereinafter
referred to as Buyer) agrees to buy the commodity Bitumen under below terms and conditions:
4. Packing In BITUBOX® of 1 ton Net and 1.05 ton Gross Weight (+/-10 PCT). 27/40’ Container.
5. Unit Price US$790.00 PER MT DDP MUYUPAMPA, BOLIVIA (Seven Hundred Ninety United States of America
Dollars per metric ton).
e) In the event that Buyer fails to conduct payment the Seller within 5 banking days from the date of receipt
of email indicated under a, Seller is entitled to transfer title of product to any third party Buyer of his
choice and claim any losses and damages from the Buyer. BITUMINA is the title owner of the product until
the cargo has been paid for in full and will not bear responsibilities for the Buyer’s onward sales to third parties.
f) The risk of the cargo passes from Seller to Buyer upon loading on Vessel and passing the rail of the ship, even
if the title of the product has not been transferred yet.
10. Port of Loading St Petersburg, Russian Federation or Klaipeda, Lithuania, at Seller’s Choice
14. Force Majeure The Force Majeure (Exemption) clause of the International Chamber of Commerce (ICC Publication
No.421) is hereby incorporated in this contract. Internationally recognized clauses of Force
Majeure, such as civil war, commotions, riots, strikes, lockouts, acts of Gods, wars, blockade shall
be considered as cases of Force Majeure for which Seller will be not held responsible for late
delivery of goods. Likewise, Buyer shall not be held liable for non-performance of the contract due
to such Force Majeure conditions. The party unable to carry out its obligations under this contract
shall immediately advise the other party of commencement and termination of the circumstances
preventing performance under this contract. Late delivery, due to any reason (e.g. unexpected
shut down of refinery) that is beyond control of The Buyer and The Seller is considered as Force
Majeure too.
15. Arbitration All disputes in connection with this Contract or the execution thereof shall be settled through
friendly negotiation. In the event that no settlement can be reached through friendly negotiation,
the case shall be settled by the London Court of Arbitration exclusively in accordance with the
UNCITRAL Arbitration Rules of the ICC governed by CISG (United Nations Convention on Contracts
for International Sale of Goods) or the laws of England & Wales exclusively. The arbitration award
will be final and binding both the Buyer and the Seller. The arbitration fees shall be borne by the
losing party unless otherwise awarded by the court. Arbitration shall be in Singapore or Dubai
exclusively.
16. Confidentiality This Proforma Invoice is confidential and may not be presented or disclosed to third parties
(partially and/or entirely) without the consent and written permission of the issuer. Any breach of
the confidentiality and non-disclosure will be subject to penalties for all incurred damages due to
breach of confidentiality. The Buyer and his employees, owners, heirs, associates and any and all
people and entities directly or indirectly in contact with this document on behalf of the buyer are
bound by this article.
17. Price Validity Until and including April 10, 2017