1. HSD Contract agrement Draft 26092020
1. HSD Contract agrement Draft 26092020
1. HSD Contract agrement Draft 26092020
This Sale Purchase Agreement is for to purchase (HIGH SPEED DIESEL) to supply a buyer
commodity / product from PSO / HASCOL nozzle of Establishment & Operation of “XXXXXXXXXX”,
is made on XXXX of September, 2020 at Office of
XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX
BETWEEN AND BY
XXXXXXXXXXXXXXXXX, XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX.
Director of the company is XXXXXXXXXXXXXXXXXXX, CNIC: XXXXXXXXXXXXXX,
XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX
AND
“Party-B” ______________________, the allocation to End Buyer, from the PSO or HASCOL/ Nozzle on
Rupees 25 Carore (Two Hundred and Fifty Million Pakistani Rupees) Financial Bank Guarantee to
seller (Party-A XXXXXXXXXXXXXXXXXXXXXXXXXXX) which is called in 20 hours if the payment is
not paid against delivered quantity of HSD.
“Party-B” ___________________________, is agreed to purchase and receive the product HSD according to
OGRA specification and starting date of contract is __________________________ 2020.
“Party-B” _____________________________, must issue BCL/ POF/ approval letter from their bank on
original Bank letter in seller (Party-A” Universal Services & Trade) account against of
Performance Bond to a buyer (Party-B).
ARTICLE-III ASSIGNMENT AND TERM
PRICE:
The price would be applicable from OGRA Nozzle rate.
TRANSPORTATION:
Transportation and other logistic will be arranged from the buyer (Party-B ) and own account.
DISCOUNT:
Rupees 8/= discount from OGRA Nozzle rate.
QUANTITY:
The total quantity allows 1 Million litters shall be provided on daily basis, and the quantity can be
enhanced on mutual agreement of both parties.
VALIDITY:
Initiating the Bank Guarantee (Financial) in face of PKR of the total value as mention above as a seller
arrange for OMC Nozzle PSO / HASCOL to issue pop to buyer (Party-B).
Contract will be valid for 365 DAYS period but extendable for further by mutual agreement of both parties.
PAYMENT TERMS:
Party-B will provide 100% transferable Financial Bank Guarantee for / Rs. 250 Million (Two
Hundred and Fifty Million Rupees), as mean from well reputed any bank of Pakistan (HABIB
BANK LTD, UBL, ASKARI BANK, MEZAAN BANK, NATIONAL BANK OF PAKISTAN, BANK
ALFALAH, BANK AL HABIB, MCB) according to OR any Bank. The Financial Bank Guarantee of
Rupees 250,000,000/- to seller (Party-A XXXXXXXXXXXXXXXXXXXXXXXXXXX) which is called in
20 hours if the payment is not paid against delivered quantity of HSD. All payment against
delivered HSD will be paid before 1700 Hours if the vehicle will be cleared from Depot before
1600 hours. Payable payments for vehicle cleared from depot after 1600 Hours will be cleared
very next day before 1000 Hours.
SECURITY/GUARANTEE:
Bank Guarantee Financial for value of Rs. 250 Million to be arranged and send to our designated
bank account of main supplier of HSD seller (Party-A XXXXXXXXXXXXXXXXXXXXXXX) as guaranty.
DELIVERY:
The Delivery shall be started by 72 to 120 hours of signing this agreement. Delivery would be
started after verification of buyer (Party-B) BCL/ POF from OMC seller (Party-A
XXXXXXXXXXXXXXXXXXXXXXX) confirmation.
NOW, THEREFORE, in consideration of the foregoing, and all of the promises and agreements set
FORTHHEREIN, which the parties HERETO each acknowledge are adequate and sufficient, Seller and Customer
do HEREBY agree.
1. BASIC TERMS:
Seller HEREBY agrees to sell and deliver, and Customer hereby agrees to buy and receive, the
refined Diesel product identified above and incorporated herein (the “Product”) in the quantity, at
the price and during the timeframe specified above.
2. ARTICLE – IV TAXATION
Party B agrees that any and all taxes, duties, fees, surcharges and/or other similar charges, now or
hereafter imposed by any federal, state and/or local governmental unit upon, measured by, or
incident to, the sale and/or transfer of the Product that is sold by Party B to Customer hereunder
(“Taxes”), shall be the sole liability and responsibility of Party B.
3. PAYMENT:
The mode of payment is 100% transferable Bank Guarantee Financial from Party B for the term of contract.
Rupees 250,000,000/- (Two Hundred and Fifty Million Pakistani Rupees) Financial Bank Guarantee to
seller (Party-XXXXXXXXXXXXXXXXXXXXXX) which is called in 20 hours if the payment is not paid against
delivered quantity of HSD. The Financial Bank Guarantee of Rupees 250,000,000/- to seller (Party-A
XXXXXXXXXXXXXXXXXXXXXXXXXXX) by Party - B which is called in 20 hours if the payment is not paid
against delivered quantity of HSD. All payment against delivered HSD will be paid by Party – B before 1700
Hours if the vehicle will be cleared from Depot before 1600 hours. Payable payments for vehicle cleared
from depot after 1600 Hours will be cleared very next day before 1000 Hours.
.
5. LIMITATION OF LIABILITY:
UNDER NO CIRCUMSTANCES SHALL SELLER BE LIABLE TO CUSTOMER FOR ANY INDIRECT,
SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE AND/OR EXEMPLARY DAMAGES. UNLESS;
All documents which necessarily as deemed as required by buyer like invoice, gate pass/ slips,
shall be arranged and provided to buyer’s Rep./drivers and Party B will take all responsibility for
the product HSD will be as per standard of Pakistan OGRA and supply from OMC approved product.
6. FORCE MAJEURE:
Neither party to this Agreement shall be liable to the other party hereto for any loss or damage
resulting from any delay or failure to make or accept deliveries caused by or arising out of acts of
God or the elements, storms, wars, acts of terrorism, governmental proration or regulation, when
raw materials or supplies are interrupted, unavailable, or in short supply, and/or any other cause
beyond such party’s commercially reasonable control. Customer specifically agrees that nothing
contained in this Section 7, shall ever be construed to relieve Customer of its obligations to
promptly pay Seller in full for Product delivered to it, or to pay any other monetary obligations of
Customer herein.
7. MODIFICATION AND WAIVER:
Any of the terms of this Agreement may be waived in writing by the party which is entitled to the
benefit thereof; provided, however, that the failure of a party to exercise any right given it
hereunder, or to insist on strict compliance with all the terms herein, shall not constitute a waiver
of any term, condition, or right under this Agreement, unless and until that party shall have
confirmed any such action or inaction to be a waiver in writing.
8. ASSIGNMENT:
This Agreement may not be assigned or transferred by Customer. The Product to be sold pursuant
to this Agreement is for use only in Customer’s operations.
9. ENTIRE AGREEMENT:
This Agreement contains the entire understanding between the parties hereto relating to the
subject matter hereof, and shall supersede all prior negotiations, representations, agreements and
understandings, whether oral or written, between these parties with respect to the subject matter
herein, and neither party shall be liable or bound to the other in any manner by any warranties or
representations (whether oral, implied or otherwise) not set forth herein.
11. COUNTERPARTS.
This Agreement may be executed in one or more counterparts, each of which shall for all purposes
be deemed to be an original, and all of which shall constitute one and the same Agreement. IN
WITNESS WHEREOF, the parties have caused this Agreement to be effective as of the date first
above written.
All disputes arising out of or in connection with the present contract shall be finally settled under
the Rules of Arbitration Act of Pakistan by one or more arbitrators appointed in accordance with
the said Rules.
IN WITNESS WHEREOF the parties hereto have to set their hands on the day and year first above
written.