Nothing Special   »   [go: up one dir, main page]

SPA FOR

Download as docx, pdf, or txt
Download as docx, pdf, or txt
You are on page 1of 6

SPA FOR REFINED Au METAL CIF.

DELIVERY DUBAI

TRANSACTION CODE:

SELLER’S CODE:

BUYER’S CODE:

THIS AGREEMENT WAS CONCLUDED AND EXECUTED TODAY December 2024, BY AND
BETWEEN:

SELLER: HADHRAWADI FZCO. is a corporate with registration 14006 with current


address at UAE [Building A1, Dubai Digital Park, Dubai Silicon Oasis, Dubai,
United Arab Emirates], represented by Mr. TALAL ESSAQAF himself, holder of
Canadian Passport # (AR418915)
(hereinafter referred to as the
“Sellers”) AND

BUYER: WHEREAS: Seller has "For Sale" Gold Bullion, bars, hereinafter
referred to as "Gold bullion, bars “ WHEREAS: Buyer wishes to Purchase the
Seller's Gold over an agreed total 2,000KG.
NOW THEREFORE: The Parties agree to the Terms and Conditions as follows:

SCOPE OF THE CONTRACT


• The Seller, under full authority and responsibility, declares that he
has the clear and qualified right to sell the Gold and that he
guarantees that the Seller has the means to sell the Gold 2.000Kg to
the buyer in Dubai in Bonded warehouse and/or security house, as
agreed between him and the Buyer. As per agreement Product is in
Dubai, UAE and can be exported to any destination as specified by
the buyer if he wishes after purchase and full payment is received
by the seller.
• The Buyer, under full corporate authority and responsibility declares
that he and his associates have the full capability to purchase the
offered Gold in Bullions bars or any physical form after checking &
examining the gold bars.

COMMODITY SPECIFICATIONS
• Commodity: Aurum Utalium (AU)
- Form: Gold Bullion Bars
Purity: 995.00%. Assay: All Bullion Bar are refined in LBMA
registered Refinery as chosen in UAE; All bullion Bars has
certificate from the registered refinery.
Origin: UAE.

QUANTITY

The contractual quantity for sale is 2,000KG for 1 spots.

PRICE
The Contract purchase price of the gold is Dubai Retail Price P.M. Gold Price less
2% discount based on the day of the sale. $---, -----.00 (XX-XX thousand) Dirhams
per Kilo to the Purchaser defined by the TBD Certificate issued by the refinery
Assay. The Purchase currency will be Dirhams (AED) for payment of the Refined
Kilogram of Gold with +995.00% Purity. The price is discounted on Dubai daily
retail cost.

PAYMENT TERMS

Cash or Bank Transfer within the UAE

PROCEDURE OF THIS PARTICULAR DEAL

(In time sequence)


The following steps shall be followed:
• The SELLER receives the signed contract from the BUYER as
confirmation of acceptance of all agreed terms and conditions.
• The Seller provides a meeting date and location to conclude the deal,
coinciding with the location of the Bullion Bars.
• The Buyer must demonstrate their financial capability and purchasing authority.
• The Buyer examines the Bullion Bars during the meeting to verify
conformity with certificates and assay tests.
• The Buyer remits the agreed amount to the Seller’s certified bank account.
• Upon receipt of the full payment for the 2/000KG, the Seller releases the
Bullion Bars to the Buyer along with all necessary documentation.The
Buyer is responsible for collecting the Bullion Bars from the location or
arranging for transportation.

NOTICES
Any and all notices required to be given by one party to the other party to this Agreement
shall be in writing and by posting the same by certified/recorded post at the address or
addresses as stated herein and copied by facsimile or email, directly to the parties
referenced herein.

SELLER’S NAME : herein referred to as “Seller”


Registration number: 14006
CEO:Mr. TALAL ESSAQAF
Passport-Number: AR418915 (Country: CANADA)

BUYER’S NAME:

Seller’s Bank Information:

Account Holder: HADHRAWADI FZCO


Bank: ABU DHABI ISLAMIC BANK (ADIB)
Address: INTERNET CITY BRANCH, SHEIKH ZAYED
ROAD DUBAI
Account No.: AE4805 0000 0000 0 1918 4255
Swift Code: ABDIAEADXXX
Branch Code : N/A
Correspondence Bank : N/A

DOCUMENTS
Shipment and delivery shall be identified with all appropriate contract
reference codes and numbers. Seller must provide the following
documents to Buyer or his representative for pre- advice prior
purchase of goods : These documents will only be provided as agreed
between seller and buyer during the transaction of Gold.

CHARACTERISTICS OF THE GOLD BARS


Deleterious elements in refining material:
In the following, the most common impurities in refining results are accepted
and limits are formulated below to which are alluvial gold dust is acceptable
without additional amounts being charged to the Seller.
These limits are to be considered as indications by the refinery and have to
be re-evaluated depending on the alluvial gold dust and the process of
refining it is destined for.
Class 1: Impurities, which are hazardous to personal
and environment Element
Acceptable levels
Radioactive none
Mercury Hg none
Arsenic As max. 100 ppm
Cadmium Cd max. 100 ppm
Class 2: Impurities, which can disturb the refinery process and as
well influence the environmental protection processes:
Element Acceptable levels
Lead Pb max. 3%
Tin Sn max. 3%
Selenium Se max. 500 ppm
Tellurium Te max. 500 ppm
Bismuth Bi max. 100 ppm
Antimony Sb max. 100 ppm
These are other elements, which may be present in refining alluvial gold dust,
that do not have hazardous properties or disturb the processing significantly
if present in minor quantities, but may disturb the homogenization and
sampling due to the fact they produce a heavy segregation when the metal
solidifies
These elements in particular are: Iron Fe
Nickel Ni
Cobalt Co

TITLE TO GOODS
The Title and the Ownership of the Goods will remain in the name of
the Seller Name, until and the Buyer will not take Legal Ownership until
he has paid the agreed Price as per this Contract. This will be
confirmed by Seller’s Bank or fiduciary partner.
CLEAR TITLE
Seller confirms and warrants that the Title of the Gold bullion bars to
be sold herein will be free and clear of any and all Liens and/or
encumbrances and Seller states that the Gold Bullions Bars is not of
terrorist and/or criminal origin. The gold herein involved have been
Puritanism from legitimate

sources not involved in funding conflict in compliance with United


Nations Resolutions. The seller hereby guarantees the gold bars are
conflict free based on personal knowledge and/or written guarantee
provided by the supplier of these gold.

WARRANTIES
• If applicable the duties in country of shipping shall be covered by
Buyer
• If applicable Seller warrants that the commodity can be lifted
/ shipped without restrictions to anywhere in the world.

APPLICABLE LAW AND JURISDICTION


• Any action or legal proceeding related to this Agreement shall be
adjudicated under the laws Courts and procedures of UAE and
London, U.K. conducted in ENGLISH.
• Should either party not perform exactly within the terms and
conditions of this Agreement, the other party will give notice
regarding the non-performance, where upon the non-performing
party must comply with their obligations within Ten ( 10 ) Working
Days or this Agreement shall be canceled without further notice,
but the other Party will count as prejudiced party, having the legal
right to report the failure to proper authorities.
• This Agreement shall be governed by the Uniform Commercial
Code as interpreted by the UAE laws and courts under the
interpretation of the INTERNATIONAL CHAMBER OF COMMERCE.
• Any disputes arising out of, or in context with this Agreement or
related to any agreement concluded as a result of this Agreement
shall be settled by Arbitration. The seat of the arbitration tribunal
shall be under the rule of conciliation and arbitration of the
International Chamber of Commerce Court of Arbitration, and the
English language shall be the language of the proceedings.

JOINT DECLARATION
The SELLER and BUYER each declare unto one another that the AU
commodity offered herein for sale, and the origin of the funds used for
purchasing the AU commodity, do NOT contravene: The Drug
Trafficking Offenses Act 1986, The Criminal Act 1988, The Prevention of
Terrorism (Temporary Provisions) Act 1989, The Criminal Justice
(International Co- operation) Act 1990, The
Criminal Justice Act 1993, and the Money Laundering Regulations 1993,
The Patriot Act, 2001, or any other illegal or criminal activity. And
accordingly each party to this agreement indemnifies each other
against any such allegations, which, may or may not be made in the
future.
FACSIMILE COPIES
This Agreement shall be accepted to be legal and binding by both
parties if executed and sent by fax and/or email direct to the parties
concerned at the numbers contained within this Agreement.

FORCE MAJEURE
The parties hereto shall not be held liable for any failure to perform
under the "Force Majeure" clause as regulated by the International
Chamber of Commerce,

ETHICS: (NON-CIRCUMVENTION and NON-DISCLOSURE)


Both Buyer and Seller acknowledge that the harm to the other party
would be substantial and therefore the Seller and Buyer’s agree to
abide by the Customary International rules of non- circumvention and
non-disclosure as established by the International Chamber of
Commerce. Buyer and Seller and their mutual representatives, dealing
with Customs, brokers or Buyer’s and Seller's mandate and Buyer’s
and Seller’s facilitators being or having been in direct or non

direct connection with this transaction herein. The understanding and


accord of this subparagraph will survive the termination of this
Agreement.

BINDING AUTHORITY
This Agreement is binding upon the parties hereto, their assigns and
successors and is signed with full authority to act

TOTAL AGREEMENT
This Agreement supersedes any and all prior agreements and
represents the entire Agreement between the parties. No changes,
alterations or substitutions shall be permitted unless the same shall be
notified in writing and signed by both parties.

EXECUTION OF THIS
AGREEMENT
The terms of this Agreement shall be Confirmed and signed by the
Buyer’s and the Seller via facsimile or Email. Said executed facsimile or
email shall be binding and initiates and concludes the legal liabilities
between Buyer’s and Seller of this contract.

By signing below, all parties abide by their corporate and legal


responsibility, and execute this contract under full penalty of Perjury.

ACCEPTANCE BY BUYER

BUYER’S NAME:
DATE / PLACE: TH DECEMBER 2024

ACCEPTANCE BY SELLER

SELLER’S NAME : HADHRAWADI FZCO, herein referred


to as “Seller” Registration number: 14006

Seller’s Authorized Signature

Name of signatory: TALAL


ESSAQAF Passport N°:
AR418915
Country: CANADA
TH
DATE / PLACE: DECEMBER , 2024

ACCEPTANCE BY OWNER'S AND SELLER'S AGENT

BUYERS PASSPORT

BUYER’S TRADE LICENSE

SELLERS PASSPORT
AS PER ATTACHED CIS

You might also like