On Company Letterhead
BUYER’S TRANSACTION NUMBER: TRSL
DATE: 00 MONTH, 2015
CONTRACT-(A) DIRECT PURCHASE/SALE CONTRACT FOR BG & SBLC
THE SELLER:
CORPORATE NAME
MAILING ADDRESS
COMPANY REG. NO COUNTRY
REPRESENTED BY TITLE
PASSPORT.NO
NATIONALITY
DIRECT TEL/FAX NO
DIRECT EMAIL ADD
SKYPE
(HEREINAFTER TO THE 'SELLER' ON ONE PART)
AND
THE BUYER:
CORPORATE NAME
MAILING ADDRESS
COMPANY REG. NO COUNTRY
REPRESENTED BY TITLE
PASSPORT.NO
NATIONALITY
DIRECT TEL/FAX NO
DIRECT EMAIL ADD
SKYPE
(HEREINAFTER TO THE 'BUYER' ON THE OTHER PART)
WHEREAS. THE BUYER DESIRES TO LEASE BANK GUARANTEE (BG/SBLC) FROM THE
SELLER. BUYER CONFIRMS WITH FULL CORPORATE AND LEGAL RESPONSIBILITY THAT
FUNDS AVAILABLE TO FULFILL THE REQUIREMENTS FOR THE LEASE OF THIS
INSTRUMENT IS READY AND BUYER FURTHER CONFIRM TO COOPERATE WITH THE
SELLER.
WHEREAS. THE SELLER DESIRES TO LEASE, TRANSFER AND ASSIGN ALL RIGHTS TITLE
AND INTEREST OF THE BG/SBLC AVAILABLE TO IT TO THE BUYER. SELLER
REPRESENTS AND WARRANTS THAT IT HAS THE ABILITY AND RESOURCE TO ARRANGE
THROUGH ASSOCIATES, CONTRACTS AND SOURCES, WITH FULL CORPORATE
ANY UNAUTHORIZED BANK CALLS, PROBES OR COMMUNICATIONS, OR AN IMPROPER SOLICITATION OR DISCLOSURE INVOLVING
ANY OF THE BANKS CONCERNED IN THIS TRANSACTION WILL RESULT IN THE IMMEDIATE CANCELLATION OF THIS TRANSACTION
AND SUBJECT THE VIOLATING PARTY TO DAMAGES.
BUYER INITIAL
SELLERINITIAL
On Company Letterhead
RESPONSIBILITY, FINANCIAL INSTRUMENT IN THE TERM OF ASSIGNMENTS TO BE
PROVIDED TO BUYER. SELLER HEREBY DECLARES UNDER PENALTY OF PERJURY THAT
THE BG/SBLC WILL BE BACKED BY FUNDS THAT ARE GOOD, CLEAN, CLEAR, AND FREE
OF NON CRIMINAL ORIGIN, THE BG/SBLC WILL BE FREE AND CLEAR OF ALL LIENS,
ENCUMBRANCES AND THIRD PARTY INTERESTS.
NOW THEREFORE, THE BUYER HAS AGREED TO LEASE THE BG/SBLC AT 3% (THREE
PERCENT) OF FACE VALUE PLUS 2% (TWO PERCENT) COMMISSION ( DUE TO
REFERRERS/AGENTS OF SELLER’S SIDE AND BUYER’S SIDE) FOR THE INSTRUMENT
REQUESTED AND SELLER HAS AGREED TO ISSUE BG/SBLC FOR LEASE AND BOTH
PARTIES HEREBY AGREE TO THE FOLLOWING:
DESCRIPTION OF INSTRUMENT
1. INSTRUMENT:
2. TOTAL FACE VALUE:
3. ISSUING BANK:
4. AGE:
5. FIRST TRANCHE:
5. SELLING PRICE:
6. DELIVERY:
7. PAYMENT:
8. HARD COPY:
BG/SBLC
00 MILLION/BILLIONS POUNDS
RBS, DEUTSCHE BANK AG , HSBC UK / BARCLAYS UK
OR AAA+ RATED BANK
ONE YEAR AND ONE DAY.
00 MILLION/BILLIONS POUNDS OR AS AGREED BY
BOTH PARTIES.
48% OF FACE VALUE FOR SELLING FEE + 2%
1% COMMISSION FOR SELLER’S CONSULTANT SIDE AND
1% COMMISSION FOR BUYER’S CONSULTANT SIDE,
COMMISSION TO BE SHARED 50-50 AS SPECIFIED HERE
BELOW.
PRE-ADVICE MT-799 AND MT-760 {BANK-TO-BANK SWIFT}
MT-103
BANK TO BANK BONDED COURIER SERVICE {WITHIN
FOURTEEN BANKING DAYS}
SELLING PROCEDURE:
1. BUYER SENDS THIS LOI TO THE SELLER. THE LOI SHOULD CONTAIN COPIES OF
BUYER’S PASSPORT, COMPANY’S RESOLUTION AND BUYER’S /CLIENT’S INFORMATION
SHEET (CIS).
2. WITHIN 24 HOURS SELLER COUNTERSIGNS THE LOI AND RETURNS TO BUYER WITH
DETAILS OF ISSUING BANK, PASSPORT COPY ETC. THIS LOI AUTOMATICALLY BECOMES A FULL COMMERCIAL RECOURSE CONTRACT. BOTH PARTIES SHALL LODGE
THE EXECUTED CONTRACT WITH THEIR RESPECTIVE BANKS.
3. WITHIN 24 HOURS, THE SELLER SENDS FUND-BLOCKING-APPLICATION TO HIS/HER
ISSUING BANK TO BLOCK HIS/HER FUNDS IN LIEU OF THE TRANSFER/ISSUANCE OF
THE BG/SLBC TO THE BUYER’S DESIGNATED BANK ACCOUNT.
ANY UNAUTHORIZED BANK CALLS, PROBES OR COMMUNICATIONS, OR AN IMPROPER SOLICITATION OR DISCLOSURE INVOLVING
ANY OF THE BANKS CONCERNED IN THIS TRANSACTION WILL RESULT IN THE IMMEDIATE CANCELLATION OF THIS TRANSACTION
AND SUBJECT THE VIOLATING PARTY TO DAMAGES.
BUYER INITIAL
SELLERINITIAL
On Company Letterhead
4. SELLER’S ISSUING BANK RECEIVES FROM SELLER THE FUND-BLOCKINGAPPLICATION, VERIFIES IT AND THEN EITHER DECLINES THE FUND-BLOCKINGAPPLICATION OR ACCEPTS THE FUND-BLOCKING-APPLICATION.
5. WHEN SELLER’S ISSUING BANK APPROVES OR DECLINES THE SELLER’S FUNDBLOCKING-APPLICATION IN LIEU OF THE TRANSFER/ISSUANCE OF THE BG/SLBC TO
THE BUYER’S DESIGNATED BANK ACCOUNT, THEN SELLER’S ISSUING BANK SHALL
SEND THE “BANK-APPROVAL NOTICE” OR “BANK-REJECTION NOTICE” TO BOTH
SELLER’S EMAIL ADDRESS:……………………………… AND BUYER’S EMAIL ADDRESS:
……………………………, FOR PROPER UPDATE AND INFORMATION PURPOSES ONLY.
NOTE CLEARLY THAT SHOULD THE SELLER’S ISSUING BANK APPROVES THE SELLER’S
FUND-BLOCKING-APPLICATION, THEN THE SELLER’S ISSUING BANK SHALL
IMMEDIATELY OPEN A "TRANSITS BANK ACCOUNT" FOR BUYER. AND THE FULL
DETAILS OF THE "TRANSITS BANK ACCOUNT" SHALL BE AMONG THE CONTENT OF THE
"BANK-APPROVAL
NOTICE"
TO
BE
SENT
TO
BOTH
SELLER’S
EMAIL
ADDRESS:………………………………
AND
BUYER’S
EMAIL
ADDRESS:
……………………………,. AND BUYER CAN COMPREHENSIVELY ACCESS THE "TRANSITS
BANK ACCOUNT" AT THE COMFORT OF HIS/HER OFFICE OR HOME VIA SELLER’S
ISSUING BANK'S TELEPHONE BANKING SYSTEM. THE "TRANSITS BANK ACCOUNT"
SHALL AMONG OTHER THINGS CLEARLY REVEAL THE AMOUNT OF MONEY BLOCKED IN
FAVOR OF BUYER, IN LIEU OF THE TRANSFER/ISSUANCE OF THE BG/SLBC TO THE
BUYER’S DESIGNATED BANK ACCOUNT.
THIS IS HOW THE FUND-BLOCKING-APPLICATION WORKS: WHEN SELLER SENDS THE
FUND-BLOCKING-APPLICATION TO SELLER’S ISSUING BANK, SELLER’S ISSUING BANK
INDEPENDENTLY CARRIES OUT COMPREHENSIVE DUE DILIGENCE (DD) ON BUYER’S
COMPANY WITHOUT THE KNOWLEDGE OF THE BUYER. THE SELLER’S ISSUING BANK
WILL VERIFY FROM BUYER’S JUSTICE MINISTRY AND ALL APPROPRIATE AGENCIES; IF
BUYER’S COMPANY HAS BEEN CONVICTED OF ANY CRIMINAL OFFENSE BEFORE, IF
BUYER’S COMPANY HAS ANY BANKRUPTCY ISSUE, IF BUYER’S COMPANY HAS ANY
MORTGAGE ISSUE, AND IF ANY DIRECTOR OF BUYER’S COMPANY HAS BEEN CONVICTED OF ANY CRIMINAL OFFENSE BEFORE, IF ANY DIRECTOR OF BUYER’S COMPANY
HAS BANKRUPTCY ISSUE, IF ANY DIRECTOR OF BUYER’S COMPANY HAS ANY MORTGAGE ISSUE, ETC...
IF SELLER’S ISSUING BANK DUE DILIGENCE (DD) COMES POSITIVE, THAT IS THE ONLY
WAY SELLER’S ISSUING BANK CAN THEN ACCEPT AND APPROVE THE FUND-BLOCKINGAPPLICATION FOR THE ISSUANCE/TRANSFER OF THE BG/SBLC TO THE BUYER. LET IT
BE NOTED THAT WHEN SELLER’S ISSUING BANK CONCLUDES THE DUE DILIGENCE (DD)
PROCESS, THE SELLER’S ISSUING BANK MUST CONTACT BOTH SELLER AND BUYER AT
THE SAME TIME, WITH EITHER THE ACCEPTANCE RESULT OR THE REJECTION RESULT.
6. IF SELLER’S ISSUING BANK APPROVES THE SELLER’S FUND-BLOCKING-APPLICATION
IN LIEU OF THE TRANSFER/ISSUANCE OF THE BG/SLBC TO THE BUYER’S DESIGNATED
BANK ACCOUNT, THEN SELLER SHALL SEND TO BUYER AN INVOICE AND UNDERTAKING LETTER FOR THE PAYMENT OF REFUNDABLE RESERVATION DEPOSIT TO COVER
THE SELLER’S ISSUING BANK’S COMMISSION, ITS PROCESSING FEE, SWIFT CHARGES
& ETC. AS PER NORMAL BANKING SYSTEM.
ANY UNAUTHORIZED BANK CALLS, PROBES OR COMMUNICATIONS, OR AN IMPROPER SOLICITATION OR DISCLOSURE INVOLVING
ANY OF THE BANKS CONCERNED IN THIS TRANSACTION WILL RESULT IN THE IMMEDIATE CANCELLATION OF THIS TRANSACTION
AND SUBJECT THE VIOLATING PARTY TO DAMAGES.
BUYER INITIAL
SELLERINITIAL
On Company Letterhead
NOTE: SELLER’S RECEIVING BANK ACCOUNT FOR THE REFUNDABLE RESERVATION
DEPOSIT SHALL BE DIFFERENT FROM SELLER’S ISSUING BANK ACCOUNT FOR THE
BG/SBLC.
SCHEDULE OF THE REFUNDABLE RESERVATION DEPOSIT
500M - 2B
POUNDS
855,000.00
2.1B - 20B
POUNDS 1,055,000.00
20.1B - 100B
POUNDS 2,055,000.00
READ DOWN TO PAGE-5 TO SEE WHY AND HOW THE "REFUNDABLE RESERVATION DEPOSIT" IS FULLY REFUNDABLE.
7. BUYER RECEIVES THE INVOICE FROM SELLER AND SHALL TRANSFER BY FED WIRE
THE REFUNDABLE RESERVATION DEPOSIT AND SEND COPY OF THE WIRE TRANSFER
TO SELLER’S EMAIL ADDRESS (OR FAX NUMBER) FOR SELLER’S CONFIRMATION.
8. SELLER RECEIVES THE REFUNDABLE RESERVATION DEPOSIT, AND THE SELLER’S
ISSUING BANK SHALL WITHIN 48 HOURS SEND SWIFT MT799 PRE-ADVICE TO BUYER’S
DESIGNATED BANK ACCOUNT.
9. WITHIN 1-12 BANKING HOURS, SELLER SHALL SEND COPY OF THE SWIFT MT799 PREADVICE TO THE BUYER FOR AUTHENTICATION AND CONFIRMATION.
10. BUYER’S DESIGNATED BANK RECEIVES, VERIFIES AND CONFIRMS THE SWIFT
MT799 PRE-ADVICE.
11. BUYER’S DESIGNATED BANK SHALL REPLY/ANSWER-BACK THE SWIFT MT799 PREADVICE TO SELLER’S ISSUING BANK, TO CONFIRM THAT THEY ARE READY, WILLING,
ABLE AND PASSIONATE TO RECEIVE SWIFT MT760 BG/SBLC.
12. WITHIN 12 BANKING HOURS, SELLER’S ISSUING BANK SHALL TRANSFER/SEND/ISSUE THE INSTRUMENT (BG/SBLC) BY MT760 TO THE BUYER’S DESIGNATED
BANK ACCOUNT.
13. BUYER’S DESIGNATED BANK RECEIVES, VERIFIES AND CONFIRMS THE INSTRUMENT (BG/SBLC MT760).
14. BUYER SHALL WITHIN 1 – 45 BANKING DAYS (OR AS AGREED BY BOTH PARTIES)
PAYS BY MT103 FED WIRE TRANSFER THE SELLER’S 48% SELLING FEES AND REFERRER’S/CONSULTANT’S 2% FEES (48% OF FACE VALUE FOR SELLING FEE +1% COMMISSION FOR SELLER’S CONSULTANT SIDE AND 1% COMMISSION FOR BUYER’S CONSULTANT SIDE, COMMISSION TO BE SHARED 50-50 AS SPECIFIED HERE BELOW).
15. UPON BUYER’S SETTLEMENT OF THE SELLER’S 48% SELLING FEES AND THE REFERRER’S/CONSULTANT’S 2% COMMISSION/FEES, SELLER’S ISSUING BANK SHALL
SEND THE HARD COPY OF THE INSTRUMENT (BG/SBLC MT760) BY BANK TO BANK
BONDED COURIER SERVICE TO THE BUYER’S DESIGNATED BANK.
ACCORDINGLY AND APPROPRIATELY, LET BUYER AND SELLER NOTE VERY CLEARLY
THAT
ANY UNAUTHORIZED BANK CALLS, PROBES OR COMMUNICATIONS, OR AN IMPROPER SOLICITATION OR DISCLOSURE INVOLVING
ANY OF THE BANKS CONCERNED IN THIS TRANSACTION WILL RESULT IN THE IMMEDIATE CANCELLATION OF THIS TRANSACTION
AND SUBJECT THE VIOLATING PARTY TO DAMAGES.
BUYER INITIAL
SELLERINITIAL
On Company Letterhead
(A). BUYER MUST PAY A TOTAL FEE OF 50% (48% SELLING FEE TO SELLER AND 2%
COMMISSION TO INTERMEDIARIES/REFERRERS/CONSULTANTS) AFTER BUYER HAS
FULLY RECEIVED IN HIS/HER DESIGNATED BANK ACCOUNT A FULL LOAN AMOUNT
FROM HIS/HER PROSPECTIVE LOAN/LENDER COMPANY. ALSO, THE "REFUNDABLE
RESERVATION DEPOSIT" PAID BY BUYER, SHALL BE CREDITED BACK TO BUYER IN THE
SENSE THAT; INSTEAD OF BUYER PAYING TO SELLER THE FULL 48% SELLING FEES
FOR THIS FIRST TERM OF ONE YEAR ONE DAY OF THE BG/SBLC, THEN BUYER SHALL
ONLY PAY 48% MINUS (SUBTRACT) THE "REFUNDABLE RESERVATION DEPOSIT" TO
THE SELLER.
(B).AND AT THE END OF EVERY ONE YEAR EXPIRATION OF THE BG/SBLC, BUYER SHALL
STILL PAY THE TOTAL 50% (48% SELLING FEE TO SELLER AND 2% COMMISSION TO
INTERMEDIARIES/REFERRERS/CONSULTANTS) BEFORE THE RENEWAL OF THE
BG/SBLC FOR THE NEXT ONE YEAR ONE DAY TERM CAN BE EFFECTED.
(C). HOWEVER, IF BUYER DOES NOT INTEND TO RENEW THE BG/SBLC AT THE END OF
A PARTICULAR ONE YEAR ONE DAY TERM, THEN BUYER MUST INFORM SELLER NOT
LATER THAN TWO WEEKS TO THE EXPIRATION OF THE BG/SBLC IN THAT PARTICULAR
TERM OF ONE YEAR ONE DAY, OF HIS/HER DECISION/CHOICE NOT TO RENEW THE
BG/SBLC.
“SHOULD THE BUYER DEFAULT TO PAY THE 48% SELLING FEES TO THE SELLER AND
THE 2% INTERMEDIARIES’/ REFERRERS’/CONSULTANTS’ FEES AS AGREED ON THIS
CONTRACT WITHIN 45 BANKING DAYS AFTER BUYER’S DESIGNATED BANK’S CONFIRMATION OF THE SWIFT MT760 BG/SBLC, SELLER SHALL INSTRUCT HIS/HER ISSUING
BANK TO PUT A CLAIM ON THE BG/SBLC INSTRUMENT, THEREBY FORCING THE BUYER'S DESIGNATED BANKERS TO RETURN THE BG/SBLC TO THE SELLER’S ISSUING
BANK.”
16. THIS LETTER OF INTENT IS A FULL RECOURSE COMMERCIAL COMMITMENT GOVERNED BY THE LAW OF THE JURISDICTION THAT BOTH PARTIES RESIDE AND STANDARDS UNDER ICC REGULATION.
NON-SOLICITATION
THE BUYER HEREBY CONFIRMS AND DECLARES THAT THE SELLER, ITS ASSOCIATES
OR REPRESENTATIVES OR ANY PERSON OR PERSONS ON ITS BEHALF HAS/HAVE
NEVER EVER SOLICITED THE BUYER, ITS SHAREHOLDERS OR ASSOCIATES OR
REPRESENTATIVES IN ANY WAY WHATSOEVER THAT CAN BE CONSTRUED AS A
SOLICITATION FOR THIS TRANSACTION OR FOR FUTURE TRANSACTIONS.
SANCTIONS (NON PERFORMANCE)
AFTER THIS CONTRACT IS SIGNED BY BOTH BUYER AND SELLER, AND COPIES
EXCHANGED ELECTRONICALLY, FAILURE TO FOLLOW THE CLOSING PROCEDURE IN
TIME AND FORM HEREIN IS CONSIDERED BREACH OF THIS CONTRACT AND PUTS THE
FAILING PARTY IN DEFAULT POSITION TO PAY A ONETIME PENALTY FEE OF 5% OF THE
TOTAL SUM OF THE CONTRACT TO THE SUFFERING PARTY.
IF SELLER FAILS TO DELIVER THE MT760 BG/SBLC WITHIN 3-5 BANKING DAYS IN
ACCORDANCE TO THE CLOSING PROCEDURE, THEN SELLER SHALL IMMEDIATELY
ANY UNAUTHORIZED BANK CALLS, PROBES OR COMMUNICATIONS, OR AN IMPROPER SOLICITATION OR DISCLOSURE INVOLVING
ANY OF THE BANKS CONCERNED IN THIS TRANSACTION WILL RESULT IN THE IMMEDIATE CANCELLATION OF THIS TRANSACTION
AND SUBJECT THE VIOLATING PARTY TO DAMAGES.
BUYER INITIAL
SELLERINITIAL
On Company Letterhead
RETURN IN FULL THE REFUNDABLE RESERVATION DEPOSIT TO BUYER.
UNAUTHORIZED BANK COMMUNICATION
NEITHER PARTY IS ALLOWED TO CONTACT THE BANK OF THE OTHER PARTY WITHOUT
THE AUTHORIZATION OF THE PARTY WHOSE BANK IS TO BE CONTACTED. ANY
UNAUTHORIZED CONTACT ACT IS BREACH OF THIS CONTRACT. THIS IS A PRIVATE
AGREEMENT BETWEEN TWO ENTITIES AND IS NOT TO BE CONSTRUED AS AN OFFER
OF FUNDS NOR A SALE OF SECURITIES AS DEFINED IN THE SECURITIES ACT OF
1933/34. ANY UNAUTHORIZED CALLS BY ANY PARTY OR ITS REPRESENTATIVES,
LAWYERS TO PROBE OR COMMUNICATION IN AN IMPROPER WAY TO BANK(S) IN THIS
TRANSACTION SHALL BE PROHIBITED AND CONTRACT TERMINATED. ALL SUBSEQUENT
TRANCHES WILL BE BASED ON THE SAME PROCEDURES UNTIL COLLATERAL OR
FUNDS BECOME EXHAUSTED.
EXPIRY PERIOD
THIS AGREEMENT SHALL REMAIN VALID AND FULL FORCE FROM THE DATE THE BUYER
SIGNS IT AND THE SELLER COUNTERSIGNS IT, BUT THIS AGREEMENT DOCUMENT, IF
UNSIGNED BY EITHER PARTY, SHALL BE RENDERED NULL AND VOID.
FORCE MAJEURE
ANY DELAY IN OR FAILURE OF PERFORMANCE BY EITHER PARTY OF THEIR
RESPECTIVE OBLIGATIONS UNDER THIS AGREEMENT THEY SHALL PAY 1% AS
PENALTY.
ANY DELAY IN OR FAILURE OF PERFORMANCE BY EITHER PARTY OF THEIR
RESPECTIVE OBLIGATIONS UNDER THIS AGREEMENT SHALL NOT CONSTITUTE A
BREACH HEREUNDER OR GIVE RISE TO ANY CLAIMS FOR DAMAGES IF, AND TO THE
EXTENT THAT SUCH DELAYS OR FAILURES IN PERFORMANCE ARE CAUSED BY
EVENTS OR CIRCUMSTANCE BEYOND THE CONTROL OF SUCH PARTY.
THE TERM "BEYOND THE CONTROL OF SUCH PARTY "INCLUDE LAWFUL ORDER OF
GOVERNMENT OR AUTHORITY, ACT OF WAR, REBELLION OR SABOTAGE, FIRE, FLOOD,
EARTHQUAKE OR OTHER NATURAL DISASTERS. ANY OTHER CAUSE NOT WITHIN THE
CONTROL OF SUCH PARTY OR WHICH IS BY EXERCISE OF REASONABLE DILIGENCE,
THE PARTY WILL BE UNABLE TO FORESEE OR PREVENT OR REMEDY.
ARBITRATION
ALL DISPUTES AND QUESTIONS WHATSOEVER WHICH ARISES BETWEEN THE PARTIES
TO THIS AGREEMENT AND TOUCHING ON THIS AGREEMENT ON THE CONSTRUCTION
OR APPLICATION THEREOF OR ANY ACCOUNT COST, LIABILITY TO BE MADE
HEREUNDER OR AS TO ANY ACT OR WAY RELATING TO THIS AGREEMENT SHALL BE
SETTLED BY THE ARBITRATION IN ACCORDANCE WITH THE ARBITRATION LAWS OF
THE ICC.
THIS AGREEMENT CONTAINS THE ENTIRE AGREEMENT AND UNDERSTANDING
CONCERNING THE SUBJECT MATTER HEREOF AND SUPERSEDES AND REPLACES ALL
PRIOR NEGOTIATIONS AND PROPOSED AGREEMENTS, WRITTEN OR ORAL. NEITHER OF
THE PARTIES MAY ALTER, AMEND, OR MODIFY THIS AGREEMENT, EXCEPT BY AN
INSTRUMENT IN WRITING SIGNED BY BOTH PARTIES. THIS AGREEMENT WILL BE
GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF UNITED
ANY UNAUTHORIZED BANK CALLS, PROBES OR COMMUNICATIONS, OR AN IMPROPER SOLICITATION OR DISCLOSURE INVOLVING
ANY OF THE BANKS CONCERNED IN THIS TRANSACTION WILL RESULT IN THE IMMEDIATE CANCELLATION OF THIS TRANSACTION
AND SUBJECT THE VIOLATING PARTY TO DAMAGES.
BUYER INITIAL
SELLERINITIAL
On Company Letterhead
KINGDOM. IN THE EVENT THAT EITHER PARTY SHALL BE REQUIRED TO BRING ANY
LEGAL ACTIONS AGAINST THE OTHER IT ENFORCE ANY OF THE TERMS OF THIS
AGREEMENT THE PREVAILING PARTY SHALL BE ENTITLES TO RECOVER REASONABLY
ATTORNEY FEES AND COSTS.
EDT (ELECTRONIC DOCUMENT TRANSMISSIONS)
EDT (ELECTRONIC DOCUMENT TRANSMISSIONS) SHALL BE DEEMED VALID AND
ENFORCEABLE IN RESPECT OF ANY PROVISIONS OF THIS CONTRACT. AS APPLICABLE,
THIS AGREEMENT SHALL BE INCORPORATE U.S. PUBLIC LAW 106-229, ‘‘ELECTRONIC
SIGNATURES IN GLOBAL AND NATIONAL COMMERCE ACT’’ OR SUCH OTHER
APPLICABLE LAW CONFORMING TO THE UNCITRAL MODEL LAW ON ELECTRONIC
SIGNATURES (2001) AND ELECTRONIC COMMERCE AGREEMENT (ECE/TRADE/257,
GENEVA, MAY 2000) ADOPTED BY THE UNITED NATIONS CENTRE FOR TRADE
FACILITATION AND ELECTRONIC BUSINESS (UN/CEFACT). EDT DOCUMENTS SHALL BE
SUBJECT TO EUROPEAN COMMUNITY DIRECTIVE NO. 95/46/EEC, AS APPLICABLE.
EITHER PARTY MAY REQUEST HARD COPY OF ANY DOCUMENT THAT HAS BEEN
PREVIOUSLY TRANSMITTED BY ELECTRONIC MEANS PROVIDED HOWEVER, THAT ANY
SUCH REQUEST SHALL IN NO MANNER DELAY THE PARTIES FROM PERFORMING THEIR
RESPECTIVE OBLIGATIONS AND DUTIES UNDER EDT INSTRUMENTS.
AGREEMENT SIGNED IN COUNTERPARTS
THIS AGREEMENT MAY BE EXECUTED IN COUNTERPARTS, EACH OF WHICH SHALL BE
DEEMED TO BE AN ORIGINAL, BUT ALL OF WHICH, TAKEN TOGETHER, SHALL
CONSTITUTE ONE AND THE SAME AGREEMENT.
SALVATORY CLAUSE
SHOULD ANY PART OF THIS AGREEMENT BE INVALID FOR ANY REASON, IT IS TO BE
REPLACED WITH A CORRESPONDING TEXT, WHICH IS VALID AND EQUIVALENT TO THE
INTENDED MEANING. THE REST OF THE AGREEMENT SHALL REMAIN UNAFFECTED AND
VALID.
ANY UNAUTHORIZED BANK CALLS, PROBES OR COMMUNICATIONS, OR AN IMPROPER SOLICITATION OR DISCLOSURE INVOLVING
ANY OF THE BANKS CONCERNED IN THIS TRANSACTION WILL RESULT IN THE IMMEDIATE CANCELLATION OF THIS TRANSACTION
AND SUBJECT THE VIOLATING PARTY TO DAMAGES.
BUYER INITIAL
SELLERINITIAL
On Company Letterhead
SELLER’S DESIGNATED BANKING CO-ORDINATES TO ISSUE BG/SBLC FROM:
BANK
BANK ADDRESS
BANK OFFICER
TELEPHONE
FAX
ACCOUNT NAME
ACCOUNT NUMBER
ABA ROUTING
SWIFT
:
:
:
:
:
:
:
:
:
SELLER’S DESIGNATED BANKING CO-ORDINATES TO RECEIVE REFUNDABLE
RESERVATION DEPOSIT SHALL BE DIFFERENT THAN SELLERS BANK INSTRUMENT
ISSUING ACCOUNT:
BANK
BANK ADDRESS
BANK OFFICER
TELEPHONE
FAX
ACCOUNT NAME
ACCOUNT NUMBER
ABA ROUTING
SWIFT
:
:
:
:
:
:
:
:
:
SELLER RESERVES THE RIGHT TO CHANGE THE BANK COORDINATES STATED HEREIN
AT ANYTIME BY PROVIDING WRITTEN REQUEST TO THE UNDERSIGNED. THE
RECEIVING BANK ACCOUNT DETAILS ARE DIFFERENT FROM THE INSTRUMENT ISSUING
BANK ACCOUNT.
AGREED AND ACCEPTED BY THE BUYER THIS DAY ………… MONTH 20……
SIGNED BY ______________________________
NAME
:
TITLE
:
PASSPORT NO
:
PLACE OF ISSUE
:
DATE OF ISSUE
:
DATE OF EXPIRATION
:
NATIONALITY
:
EMAIL ADDRESS
:
ANY UNAUTHORIZED BANK CALLS, PROBES OR COMMUNICATIONS, OR AN IMPROPER SOLICITATION OR DISCLOSURE INVOLVING
ANY OF THE BANKS CONCERNED IN THIS TRANSACTION WILL RESULT IN THE IMMEDIATE CANCELLATION OF THIS TRANSACTION
AND SUBJECT THE VIOLATING PARTY TO DAMAGES.
BUYER INITIAL
SELLERINITIAL
On Company Letterhead
BUYER’S DESIGNATED BANKING COORDINATE TO RECEIVE BG/SBLC INSTRUMENT:BANK
BANK ADDRESS
BANK OFFICER
TELEPHONE
FAX
ACCOUNT NAME
ACCOUNT NUMBER
ABA ROUTING
SWIFT
:
:
:
:
:
:
:
:
:
BUYER RESERVES THE RIGHT TO CHANGE THE BANK COORDINATES STATED HEREIN
AT ANYTIME BY PROVIDING WRITTEN REQUEST TO THE UNDERSIGNED;
BANK
BANK ADDRESS
BANK OFFICER
TELEPHONE
FAX
ACCOUNT NAME
ACCOUNT NUMBER
ABA ROUTING
SWIFT
:
:
:
:
:
:
:
:
:
BUYER RESERVES THE RIGHT TO CHANGE THE BANK COORDINATES STATED HEREIN
AT ANYTIME BY PROVIDING WRITTEN REQUEST TO THE UNDERSIGNED;
AGREED AND ACCEPTED BY THE SELLER THIS DAY ………. MONTH 2015
SIGNED BY ______________________________
NAME
:
TITLE
:
PASSPORT NO
:
PLACE OF ISSUE
:
DATE OF ISSUE
:
DATE OF EXPIRATION
:
NATIONALITY
:
EMAIL ADDRESS
:
ANY UNAUTHORIZED BANK CALLS, PROBES OR COMMUNICATIONS, OR AN IMPROPER SOLICITATION OR DISCLOSURE INVOLVING
ANY OF THE BANKS CONCERNED IN THIS TRANSACTION WILL RESULT IN THE IMMEDIATE CANCELLATION OF THIS TRANSACTION
AND SUBJECT THE VIOLATING PARTY TO DAMAGES.
BUYER INITIAL
SELLERINITIAL
On Company Letterhead
BUYER/CLIENT INFORMATION SUMMARY
1. DATE OF SUBMISSION
:
2. NAME OF COMPANY
:
3. CLIENT NAME (SIGNATORY)
:
4. PASSPORT NO
:
5. COUNTRY OF RESIDENCE
:
6. PASSPORT ISSUE DATE
:
7. PASSPORT EXPIRY DATE
:
8. DATE OF BIRTH (PLACE)
:
9. ADDRESS
:
10. MOBILE TEL NUMBER
:
11. CLIENTS EMAIL ADDRESS
:
12. DO YOU SPEAK ENGLISH?
:
13. BUSINESS NAME
:
14. BUSINESS ADDRESS
:
15. REGISTERED OFFICE DOMICILE
:
16. BUSINESS TAX ID NUMBER
:
17. YEARS IN BUSINESS
:
18. REGISTRATION NUMBER
:
19. COUNTRY/STATE OF INCORPORATION :
20. CELL NUMBER
:
21. LEGAL ADVISER MAIL ADDRESS
:
22. ADDRESS FOR MAIL DELIVERY
:
23. ADDRESS FOR COURIER DELIVERY
:
24. HOW WERE FUNDS EARNED
: (3 LINES OF BRIEF EXPLANATION)
25. ORIGIN OF FUNDS
:
ARE FUNDS FREE AND CLEAR?
:
26. BRIEF OVERVIEW OF CORPORATE ACTIVITY:
DECLARATION: I……………………………………………………….. (BUYER) SWEAR UNDER
PENALTY OF PERJURY, THE INFORMATION GIVEN ABOVE IS BOTH TRUE AND
ACCURATE. ALL MONIES ENGAGED IN THIS TRANSACTION ARE DERIVED FROM NONCRIMINAL ORIGIN: AND ARE GOOD CLEARED. THE ORIGIN OF FUNDS IS IN COMPLIANCE
WITH ANTI-MONEY-LAUNDERING POLICIES AS SET FORTH BY THE FINANCIAL ACTION
TASK FORCE (FATF) 6/01.
AGREED AND ACCEPTED THIS DAY ………. MONTH 2015
SIGNED BY ______________________________
NAME
:
TITLE
:
PASSPORT NO
:
PLACE OF ISSUE
:
DATE OF ISSUE
:
DATE OF EXPIRATION
:
NATIONALITY
:
EMAIL ADDRESS
:
ANY UNAUTHORIZED BANK CALLS, PROBES OR COMMUNICATIONS, OR AN IMPROPER SOLICITATION OR DISCLOSURE INVOLVING
ANY OF THE BANKS CONCERNED IN THIS TRANSACTION WILL RESULT IN THE IMMEDIATE CANCELLATION OF THIS TRANSACTION
AND SUBJECT THE VIOLATING PARTY TO DAMAGES.
BUYER INITIAL
SELLERINITIAL
On Company Letterhead
BUYER’S PASSPORT COPY
“I CERTIFY THAT THIS IS A TRUE COPY OF MY ORIGINAL PASSPORT”
FOR AND ON BEHALF OF BUYER
CONFIRMED, THIS DAY ………. MONTH 2015
SIGNED BY ______________________________
NAME
:
TITLE
:
PASSPORT NO
:
PLACE OF ISSUE
:
DATE OF ISSUE
:
DATE OF EXPIRATION
:
NATIONALITY
:
EMAIL ADDRESS
:
ANY UNAUTHORIZED BANK CALLS, PROBES OR COMMUNICATIONS, OR AN IMPROPER SOLICITATION OR DISCLOSURE INVOLVING
ANY OF THE BANKS CONCERNED IN THIS TRANSACTION WILL RESULT IN THE IMMEDIATE CANCELLATION OF THIS TRANSACTION
AND SUBJECT THE VIOLATING PARTY TO DAMAGES.
BUYER INITIAL
SELLERINITIAL
On Company Letterhead
SELLER’S PASSPORT COPY
“I CERTIFY THAT THIS IS A TRUE COPY OF MY ORIGINAL PASSPORT”
CONFIRMED, THIS DAY ………. MONTH 2015
SIGNED BY ______________________________
NAME
:
TITLE
:
PASSPORT NO
:
PLACE OF ISSUE
:
DATE OF ISSUE
:
DATE OF EXPIRATION
:
NATIONALITY
:
EMAIL ADDRESS
:
ANY UNAUTHORIZED BANK CALLS, PROBES OR COMMUNICATIONS, OR AN IMPROPER SOLICITATION OR DISCLOSURE INVOLVING
ANY OF THE BANKS CONCERNED IN THIS TRANSACTION WILL RESULT IN THE IMMEDIATE CANCELLATION OF THIS TRANSACTION
AND SUBJECT THE VIOLATING PARTY TO DAMAGES.
BUYER INITIAL
SELLERINITIAL
On Company Letterhead
BUYER’S COMPANY CERTIFICATE OF INCORPORATION
ANY UNAUTHORIZED BANK CALLS, PROBES OR COMMUNICATIONS, OR AN IMPROPER SOLICITATION OR DISCLOSURE INVOLVING
ANY OF THE BANKS CONCERNED IN THIS TRANSACTION WILL RESULT IN THE IMMEDIATE CANCELLATION OF THIS TRANSACTION
AND SUBJECT THE VIOLATING PARTY TO DAMAGES.
BUYER INITIAL
SELLERINITIAL
On Company Letterhead
SELLER’S COMPANY CERTIFICATE OF INCORPORATION
ANY UNAUTHORIZED BANK CALLS, PROBES OR COMMUNICATIONS, OR AN IMPROPER SOLICITATION OR DISCLOSURE INVOLVING
ANY OF THE BANKS CONCERNED IN THIS TRANSACTION WILL RESULT IN THE IMMEDIATE CANCELLATION OF THIS TRANSACTION
AND SUBJECT THE VIOLATING PARTY TO DAMAGES.
BUYER INITIAL
SELLERINITIAL
On Company Letterhead
BUYER’S COMPANY BOARD RESOLUTION
ANY UNAUTHORIZED BANK CALLS, PROBES OR COMMUNICATIONS, OR AN IMPROPER SOLICITATION OR DISCLOSURE INVOLVING
ANY OF THE BANKS CONCERNED IN THIS TRANSACTION WILL RESULT IN THE IMMEDIATE CANCELLATION OF THIS TRANSACTION
AND SUBJECT THE VIOLATING PARTY TO DAMAGES.
BUYER INITIAL
SELLERINITIAL
On Company Letterhead
SELLER’S COMPANY BOARD RESOLUTION
ANY UNAUTHORIZED BANK CALLS, PROBES OR COMMUNICATIONS, OR AN IMPROPER SOLICITATION OR DISCLOSURE INVOLVING
ANY OF THE BANKS CONCERNED IN THIS TRANSACTION WILL RESULT IN THE IMMEDIATE CANCELLATION OF THIS TRANSACTION
AND SUBJECT THE VIOLATING PARTY TO DAMAGES.
BUYER INITIAL
SELLERINITIAL
On Company Letterhead
CONDITIONS
THIS AGREEMENT IS A FULL RECOURSE COMMERCIAL COMMITMENT GOVERNED BY
THE LAWS OF THE JURISDICTIONS IN WHICH BOTH/ALL THE PARTIES RESIDE AND
STANDARDS UNDER ICC REGULATIONS.
THE FORCE MAJEURE EXCEPTION CLAUSE OF THE INTERNATIONAL CHAMBER OF
COMMERCE (I.C.C. PUBLICATION #421) AND NON-CIRCUNVENTION AND NON-ELUSION &
WORKING AGREEMENT, IS HEREBY INCORPORATED IN AND MADE AN INTEGRAL PART
OF THIS DOCUMENT.
ALL THE PARTIES HEREBY AFFIRM AND ATTEST THAT EACH HAS THE AUTHORITY TO
ACCEPT AND EXECUTE THIS FULL LEGAL CONTRACT AND TO BE BOUND BY ITS TERMS
AND CONDITION.
THIS TRANSACTION CONSTITUTES BG/SBLC COLLATERAL FACILITY OF A BANK
INSTRUMENT, CONDUCTED BETWEEN TWO (2) PRINCIPAL ENTITIES TO BE DEFINED BY
CONTRACT AND AS SUCH, IS NOT INTENDED TO BE NOR SHALL BE INTERPRETED AS A
SECURITIES TRANSACTION AS DEFINED BY THE U.S. SECURITIES ACT OF 1933/1934 OR
AS AMENDED BY LAW OR ANY OTHER NATION.
NON-CIRCUMVENTION AND NON-DISCLOSURE
ALL PARTIES DO HEREIN AGREE THAT THE NON-CIRCUMVENTION AND NON-DICLOSURE
RULES (NCND) OF ALL ISSUES FROM THE ICC 500 APPLY TO THIS TRANSACTION FOR A
PERIOD OF FIVE (5) YEARS FROM DATE OF EXECUTION OF THIS AGREEMENT BY THE
UNDERSIGNED, HIS OR HER ASSIGNS, AGENTS AND/OR HEIRS. THIS NCND ALSO
APPLIES TO ANY AND ALL OTHER TRANSACTIONS DIRECT OR INDIRECT INITIATED BY
THESE INTERMEDIARIES. THE UNDERSIGNED AGREES THAT THIS FEE PROTECTION IS
ASSIGNABLE AND TRANSFERABLE TO THE BENEFICIARIES, DESIGNS, HEIRS AND
ASSIGNS UPON WRITTEN NOTICE OF ALL PARTIES, AND SHALL NOT BE AMENDED
WITHOUT THE EXPRESS WRITTEN CONCENT OF THE PARTIES. IF NO CONTRACT IS
COMSUMMATED, THIS FEE PROTECTION AGREEMENT IS NULL AND VOID IN ITS
ENTIRETY.
ALL DISCLOSED BANKING INFORMATION SHALL BE STRICTLY CONFIDENTIAL. NO
COMMUNICATION BETWEEN BANKING OFFICERS. OTHER THAN TRANSMISSION BY
SWIFT WIRE TRANFER AND ANY OTHER TRANSMISSION SPECIFICALLY AUTHORIZED BY
THE BENEFICIARIES, IS PERMITTED. ALL COMMUNICATION SHALL CLEARLY
REFERENCE THE TRANSACTION CODE, THE SELLER’S CODE AND THE BUYER’S CODE
REFERRED TO HEREIN. SHOULD A CONTRACT BE SIGNED BETWEEN THE SELLER AND
BUYER, A BANK ENDORSED CORPORATE PAY ORDER WILL BE ISSSUED TO THE
PAYMASTER OF EACH GROUP, FOLLOWED BY A SWIFT WIRE TRANSFER TO THE
PAYMASTER’S ACCOUNT, WHEN PAYMENT FOR THE BANK INSTRUMENT IS COMPLETED.
AN EXECUTED FACSIMILE OR EMAIL COPY SHALL BE DEEMED TO BE AS AN ORIGINAL.
BY SIGNING THIS LOI, ALL THE PARTIES, SELLER’S BANK, BUYER’S BANK, BUYER AND
SELLER, AGREE UNDER THE LAWS AND TRADING GUIDELINES SET FORTH BY THE ICC
THAT THEY ARE READY WILLING AND ABLE TO COMPLETE THIS TRANSACTION UNDER
ANY UNAUTHORIZED BANK CALLS, PROBES OR COMMUNICATIONS, OR AN IMPROPER SOLICITATION OR DISCLOSURE INVOLVING
ANY OF THE BANKS CONCERNED IN THIS TRANSACTION WILL RESULT IN THE IMMEDIATE CANCELLATION OF THIS TRANSACTION
AND SUBJECT THE VIOLATING PARTY TO DAMAGES.
BUYER INITIAL
SELLERINITIAL
On Company Letterhead
THE TERMS AND CONDITIONS STATED WITHIN THIS LETTER OF INTENT.
AGREED AND ACCEPTED BY THE BUYER:
THIS DAY ………. MONTH 2015
SIGNED BY ______________________________
NAME
:
TITLE
:
PASSPORT NO
:
PLACE OF ISSUE
:
DATE OF ISSUE
:
DATE OF EXPIRATION
:
NATIONALITY
:
EMAIL ADDRESS
:
SEAL:
AGREED AND ACCEPTED BY THE SELLER:
THIS DAY ………. MONTH 2015
SIGNED BY ______________________________
NAME
:
TITLE
:
PASSPORT NO
:
PLACE OF ISSUE
:
DATE OF ISSUE
:
DATE OF EXPIRATION
:
NATIONALITY
:
EMAIL ADDRESS
:
ANY UNAUTHORIZED BANK CALLS, PROBES OR COMMUNICATIONS, OR AN IMPROPER SOLICITATION OR DISCLOSURE INVOLVING
ANY OF THE BANKS CONCERNED IN THIS TRANSACTION WILL RESULT IN THE IMMEDIATE CANCELLATION OF THIS TRANSACTION
AND SUBJECT THE VIOLATING PARTY TO DAMAGES.
BUYER INITIAL
SELLERINITIAL
On Company Letterhead
BANK CORDINATES FOR THE COMMISSION OF HALF PERCENT [1%] TO SELLER’S SIDE
PAYMASTER
NAME
THE RESEARCH AND SOURCING LIMITED (CLOSED)
BANK DETAILS PROVIDED THROUGH
THERESEARCHANDSOURCINGLIMITED@GMAIL.COM
BANK NAME
BANK ADDRESS
SWIFT CODE
ACCOUNT
HOLDER
THE RESEARCH AND SOURCING LIMITED
ACCOUNT
NUMBER
BANK CORDINATES FOR THE COMMISSION OF HALF PERCENT [1%] TO BUYER’S SIDE
PAYMASTER
NAME
BANK NAME
BANK ADDRESS
SWIFT CODE
ACCOUNT
HOLDER
ACCOUNT
NUMBER
ANY UNAUTHORIZED BANK CALLS, PROBES OR COMMUNICATIONS, OR AN IMPROPER SOLICITATION OR DISCLOSURE INVOLVING
ANY OF THE BANKS CONCERNED IN THIS TRANSACTION WILL RESULT IN THE IMMEDIATE CANCELLATION OF THIS TRANSACTION
AND SUBJECT THE VIOLATING PARTY TO DAMAGES.
BUYER INITIAL
SELLERINITIAL
On Company Letterhead
BG/SBLC SWIFT MT799 PR-ADVICE SPECIMEN
SELLER’S BANK MUST USE BUYER’S DESIGNATED BANKER’S TEXT
ANY UNAUTHORIZED BANK CALLS, PROBES OR COMMUNICATIONS, OR AN IMPROPER SOLICITATION OR DISCLOSURE INVOLVING
ANY OF THE BANKS CONCERNED IN THIS TRANSACTION WILL RESULT IN THE IMMEDIATE CANCELLATION OF THIS TRANSACTION
AND SUBJECT THE VIOLATING PARTY TO DAMAGES.
BUYER INITIAL
SELLERINITIAL
On Company Letterhead
BG/SBLC SWIFT MT760 SPECIMEN
SELLER’S BANK MUST USE BUYER’S DESIGNATED BANKER’S TEXT
ANY UNAUTHORIZED BANK CALLS, PROBES OR COMMUNICATIONS, OR AN IMPROPER SOLICITATION OR DISCLOSURE INVOLVING
ANY OF THE BANKS CONCERNED IN THIS TRANSACTION WILL RESULT IN THE IMMEDIATE CANCELLATION OF THIS TRANSACTION
AND SUBJECT THE VIOLATING PARTY TO DAMAGES.
BUYER INITIAL
SELLERINITIAL