jw sanitize corporate offer rev 4.1

7

Click here to load reader

Upload: zaki-yahaya

Post on 05-Jan-2016

6 views

Category:

Documents


3 download

DESCRIPTION

gold

TRANSCRIPT

Page 1: Jw Sanitize Corporate Offer Rev 4.1

FULL CORPORATE OFFER (FCO)GOLD BULLION BARS (AU) / HALLMARKED |12.5 KG BARS

DATE: XXXXXXXXXXXXXXFOR THE ATTENTION OF: TO THE END BUYER VIA Mr. James White

I, the undersigned, Mr., Fiduciary Representative, Authorized Re-Seller and Authorized Signatory, representing The ASSET OWNER, hereby irrevocably confirm and warrant with full legal responsibility and authority; and under penalty of perjury or fraud, that we are the Bona fide, legal Sellers/Owners of the offered Hallmarked Gold Bullion Bars, and that we are ready, willing and able to legally sell, grant title and deliver the Aurum Utalium (AU metal) as described in the terms, conditions and procedures set forth below.

1. COMMODITYGold (Aurum Utalium Metal)

a. Gold Bullion Bars: Hallmarkedb. Weight: 12.5KG BARS

c. Purity: 999.5/1000 (MIN)

2. ORIGIN OF THE GOLDWest Africa

3. CURRENT LOCATION OF THE GOLDStock held in Custodian Banks in: Singapore / Hong Kong / Turkey.

4. DELIVERYCIF Delivery via Brinks or Malca Amit (or the seller’s own security company) to The Buyer’s nominated International Airport Free Zone

5. HALLMARKINTERNATIONALLY RECOGNIZED HALLMARK | AGE: LESS THAN 4 YEARS OLD(STOCK OF JOHNSON MATTHEY)

6. PRICE / DISCOUNTLBMA 2 ND FIXING OF THE DAY LESS 11/8 FOR PURITY 999.5/1000 (MIN)

7. COMMISSIONTotal Commission of 3% - paid by The Seller

1.5% to Seller Side (Closed)1.5% to the Buyer Side

8. CURRENCYThe legal currency of the United States of America (USD) ($) Dollars

Page 2: Jw Sanitize Corporate Offer Rev 4.1

9. PAYMENTIn USD by SWIFT Clean and Clear Funds of Non-Criminal Origin, GUARANTEED BY MT 799 POF ON ADMINISTRATIVE HOLD VALID FOR 90 DAYS REVOLVING BASIS PER CONTRACT TERMS; SEE ANNEX “A” FOR VERBAIGE.

10. CONTRACT TERM200kgs-4000kgs X 12 Month Contract with possible Rolls & Extensions OR MORE TRANCHES TO BE AGREED BETWEEN BUYER & SELLER

11. CHARGESAll charges relating to the delivery of the metal, including: Expenses of transport and all related expenses in respect to lifting and delivery of the said AU to The Buyer’s destination Airport Free Zone and the insurance are to be paid by The Seller. The Buyer pays all charges from the airport to the refinery / final destination.

12. INSPECTIONAt the final destination

13. QUANTITYMinimum 200kgs to Consume 4MT with R&E

14. PROOF OF PRODUCT (POP)

- Certificate of Metal Deposit - SKR CERTIFICATE ISSUED FROM THE CUSTODIAN BANK WITH FULL BANKING RESPONSIBILITY

Please note, for all Banking Purposes the Seller always uses TWO [2] Nominated Fiduciary Agent’s with whom he has a long term NDA Agreement. The details will be provided in the Sales & Purchase Agreement. The Fiduciary agent bank will receive the SWIFT MT799 POF (90 /Ninety day Proof of Funds on Administrative Hold) and the payment after assay TT to xxxxx. After the Buyer’s bank has sent the SWIFT MT799 POF (90 /Ninety day Proof of Funds on Administrative Hold) to the Fiduciary agent bank, the SKR CERTIFICATE (Issued by the custodian bank of the gold, with full banking responsibility) will be sent on SWIFT from the Custodian bank to the Buyer bank as POP and a copy will be sent direct to the Buyer’s email.

15. SPECIAL CONDITIONSThe Buyer is not allowed at any time to contact the Seller agent bank or the Seller agent regarding any matter. The Buyer must get written permission from The Seller to contact the Seller agent bank. Any direct contact will cancel and nullify the contract with immediate effect. The Seller Agent bank will only confirm the SKR CERTIFICATE lodged with them.

16. CONFORMITY WITH INTERNATIONAL REGULATIONSThe Buyer and The Seller each declare to one another that the commodity offered herein for sale and the origin of the funds used for purchasing the commodity do not contravene any of the following LAWS or that it is derived from any other illegal or criminal activity:

Page 3: Jw Sanitize Corporate Offer Rev 4.1

A. The Drug Trafficking Act of 1986B. The Criminal Act of 1988C. The Prevention of Terrorism (Temporary Provisions) Act of 1989D. The Criminal Justice (International Cooperation) Act of 1990E. The Criminal Justice Act of 1993F. The Anti-Terrorism Act and the Patriot Act I and II

17. CONFORMITY WITH HUMANITARIAN OBLIGATIONS AND DUTIESBoth Parties warrant with full legal and corporate responsibility that they agree to sign the Sales and Purchase Agreement. This is a contractual Agreement, hereinafter to be referred and Funds obtained by all Parties and beneficiaries will be used:

A. Not for achievement of political purposesB. Not in financial speculationsC. Not in transactions which are damaging to the economy of the USA, or of the European

Community and or of any other States/NationsD. Not in transactions to buy weapons to arm illicit forces or to Finance WarsE. Not in any illegal and criminal violation and activities

18. TRANSACTION PROCEDURESThe Seller and The Buyer solemnly agree as follows:

A. After The Buyer has returned the completed, signed and sealed FCO, along with the completed NCNDA/IMFPA, this will indicate The Buyer’s acceptance of The Seller’s procedures. The Seller will then issue the draft Sales and Purchase Agreement (SPA) for approval and amendments (if any) ALL AMENDMENTS MUST BE INITIALLED.

B. After mutual agreement, The Buyer (first) and The Seller (second) will sign and seal the Sales and Purchase Agreement with their full banking coordinates.

C. The Seller and The Buyer will lodge the completed set of documents at their respective banks.

D. The Buyer will then instruct his bank to send their SWIFT MT799 POF (90 /Ninety day Proof of Funds on Administrative Hold) to the Seller’s Fiduciary agent bank.

E. Once the operative or non-operative SWIFT MT799 POF (90 /Ninety day Proof of Funds on Administrative Hold) is received via SWIFT and confirmed at the Seller’s Fiduciary agent bank, the SKR CERTIFICATE will then be issued by his Custodian Bank of the metal with full banking responsibility is sent bank to bank to the Buyer’s bank on SWIFT MT760, with a copy to the Buyer’s e-mail.

F. The first tranche of GOLD BULLION BARS (AU) Metal will be delivered to The Buyer’s nominated International Airport Free Zone, via Brinks or Malca Amit (Or Seller’s own security company) within ten (10) banking days after confirmation of SWIFT MT799 POF (90 /Ninety day Proof of Funds on Administrative Hold) at Seller’s Fiduciary agent bank.

G. The Seller will transfer the agreed amount of GOLD BULLION BARS (AU) Metal tranche and subsequent tranches to The Buyer’s nominated International Airport Free Zone.

H. As these are Hallmarked GOLD BULLION BARS, the payment to be released immediately upon receipt AND ASSAY by The Buyer, unless the GOLD BULLION BARS are going for smelting then payment will be released at completion of assay by Buyer's Refinery, within 72 hours of smelting, via T/T, and the SWIFT MT799 POF (90 /Ninety day Proof of Funds on Administrative Hold) revolves for the validity of contract.

Page 4: Jw Sanitize Corporate Offer Rev 4.1

I. The Commissions due will be paid by The Seller immediately and without delay to each appointed Paymaster or Beneficiary after each delivery and as per the Terms and Conditions of the NCNDA/IMFPA attached to the Sales and Purchase Agreement.

General: The Buyer and The Buyer’s mandate hereby agree that the information connected to this transaction must not and shall not be released to any person or legal body, EXCEPT THOSE WHO ARE LEGALLY OBLIGATED TO SUCH INFORMATION.

19. DOCUMENTSThe following set of (AU) Metal documents will accompany the delivery:

1. A verifiable Safe Keeping Receipt (SKR) issued by the Custodian Bank of the gold with full banking responsibility.

2. Certificate of Origin

3. Certificate of Legal Ownership

4. Commercial Invoice; Four (4) copies will be provided

5. The Seller’s Certificate stating that the AU is free and clear of all Liens, encumbrances, and that the AU is Freely tradable, exportable, and of non-criminal origin.

6. Certified Weight List with the following description:

a. Receipt of custom duties and taxes

b. Receipt of storage

7. Air Waybill

8. Packing List

9. Insurance Certificate

10. Seller’s Passport Copy

20. TITLE

The title of the GOLD BULLION BARS shall pass from The Seller to The Buyer immediately upon the full settlement (receipt of payment in full to The Seller by the way of T/T OR MT103).

PLEASE SEE NEXT PAGE

Page 5: Jw Sanitize Corporate Offer Rev 4.1

VALIDITY:

This is the only FCO presented and the validity is FIVE (5) working days.

SIGNED AND SEALED:

SELLER SIDE BY RE-SELLER

DATED:

BUYER SIDE

BUYER NAME:

BUYER COMPANY NAME:

FULL PHYSICAL ADDRESS:

TEL NO:

E-MAIL:

SKYPE:

ACCEPTED THE ABOVE SOFT CORPORATE OFFER:

SIGNED & SEALED:

BUYER:

Page 6: Jw Sanitize Corporate Offer Rev 4.1

ANNEX “A”

SWIFT INPUT: MT799 CONFIRMATION OF FUNDSNOTIFICATION:DELIVERYSTATUS:PRIORITY /DELIVERY:MESSAGE INPUT REFERENCE------------------------------------------MESSAGE HEADER---------------------------------------SWIFT INPUT:MT 799VALIDITY (90) NINETY DAYSSENDERBANK NAME:BANK NAME: XXXXXXXXXXXXXXXXBRANCH: XXXXXXXXXXXXXXXXXXXXXXADDRESS: XXXXXXXXXXXXXXXXXXXXXXSWIFT CODE: XXXXXXXXXXXXXXXXXXXXCCOUNT NUMBER: XXXXXXXXXXXXXXXXXXBANK OFFICER: XXXXXXXXXXXXXXXXXXXXXXBANK OFFICER TEL: XXXXXXXXXXXXXXXXXXXXXXXBANK OFFICER EMAIL: XXXXXXXXXXX RECEIVERBank Name:Bank Address: Account number: SWIFT/BIC: IBAN: Account Name: Business Address: Registered Office: Registration Number: Bank Telephone number:Bank Fax number : Bank officer's name  WE,-----------------------THE BANK, HAVING AN ADDRESS AT---------------- , HEREBY CONFIRM WITH FULL BANKRESPONSIBILITY AND LIABILITY THAT OUR CLIENT-----------------------------HAS ON DEPOSITS WITH OUR BANKUNDER THEIR SOLE SIGNATURE IN ACCOUNT NUMBER---------------- IBAN NUMBER: -----------------, THE SUMOF XXXXXX (XXXXX MILLION US DOLLARS). THESE FUNDS ARE CLEAN, CLEARED, OF NON-CRIMINAL ORIGIN AND ARE FREE OF ANY LIENS AND ENCUMBRANCES AND ARE AVAILABLE TO THE CLIENT WITHOUT ANY RESTRICTIONS.THESE FUNDS ARE CURRENTLY PUT ON ADMINISTRATIVE HOLD FOR THE BENEFIT OF xxxxxxxxxxxxxxxxxxxxxxxx AND VALID FOR (90) NINETY DAYS. AS PER CONTRACT #xxxxxxxxxxxxxxxx, DATED xxxxxxxxxxxx.  THIS INSTRUMENT IS VERIFIABLE & CONFIRMABLE BY RESPONSIBLE BANK INQUIRY AND IS SUBJECT TO THE UNIFORM COMMERCIAL CODE AND IS GIVEN FOR AND ON BEHALF OF --(ISSUER BANK NAME)--, THE ISSUER:

BANK OFFICER NAME BANK OFFICER NAME TITLE PIN NO: TITLEPIN NO: