217-Pi - PMB-2911MT-DDP Muyupampa

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PROFORMA INVOICE

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:

1. Product Polymer Modified Bitumen 60/85

2. Quantity 2911 MT (+/-10%)

3. Specification IN COMPLIANCE TO AASHTO M320-14

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).

6. Shipment Within 3-4weeks.


7. Payment By 100% Irrevocable, Confirmed Documentary Letter of Credit payable 180 days Usance from
the date of Bill of Lading for 100% invoice value or By Irrevocable, Confirmed Documentary Letter of
Credit payable At SIght. The exchange of documents and transfer of title shall
effect in following manner:
a) Upon completion of shipment, Seller shall send to Buyer email copy of full set of documents, together
with commercial Invoice
b) Upon completion of shipment, Seller shall send to Buyer email copy of full set of documents,
together with commercial Invoice
c) Seller will negotiate the full set of original documents through beneficiary bank and Buyer to
accept documents within 5 working days at the Buyer’s bank counter.
d) In the event that Buyer fails to accept full set of documents within 5 banking days from the date
of receipt at L/C opening bank, Seller has the right to transfer documents of the cargo to any
third party of his choice and claim any losses and damages from the Buyer.

For the Buyer For the Seller


PROFORMA INVOICE
NO : AE/BGT/CTL.BV/2017/217
DATE : April 03, 2017
PAGE : 2/3

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.

8. Documents The Seller is entitled to claim payment with following documents:


a) Beneficiaries Commercial Invoice signed by the Seller - 3 Originals / 3 copies
b) Beneficiaries Packing List in 3 Originals / 3 Copies
c) Beneficiary’s Certificate of Origin 1 Original / 1 Copy
d) Pre-Shipment Inspection report of Quality & Quantity issued by SGS 1 original / 3 copies
e) Forwarders Multi Modal Bill of Lading marked freight prepaid and showing final destination,
3 Originals / 3 copies
9. Total Value US$ 2’299’690.00 IN WORDS: TWO MILLION TWO HUNDRED NINETY NINE THOUSAND SIX
HUNDRED NINETY UNITED STATES DOLLARS, plus minus 10 percent tolerance allowed.

10. Port of Loading St Petersburg, Russian Federation or Klaipeda, Lithuania, at Seller’s Choice

11. Seller’s Bank Beneficiary Name: BITUMINA GENERAL TRADING LLC


Address: P.O. BOX 213444, Dubai - UAE
Tel: +971 4 3284040
Fax: +971 4 3284447
Beneficiary's Name: COMMERZBANK AG
Bank Address: 60261 FRANKFURT/ MAIN, GERMANY
Tel: +49 69 136-20
Swift: COBADEFFDOC
12. Country of Origin Russian Federation
13. Other Conditions a) All bank charges other than seller’s bank to buyer’s account
b) Available by negotiation at counters of COMMERZBANK AG, Frankfurt in favour of Seller.
c) Confirmation to be by COMMERZBANK AG, Frankfurt in account of Buyer.
d) All charges and expenses related to stuffing of cargo in containers including THC & other
charges, if any, payable at load port are to Seller’s account.
e) All charges and expenses payable in discharge port are to Buyer’s account.
f) Trans-shipment is allowed.
g) Partial shipment and partial payment are allowed.
h) +/- 10% in quantity and value are acceptable.

For the Buyer For the Seller


PROFORMA INVOICE
NO : AE/BGT/CTL.BV/2017/217
DATE : April 03, 2017
PAGE : 3/3

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

For The Buyer, For the Seller,

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