El jueves, 14 de enero de 1999 03:00:00 UTC-5, Lori Miller escribió:
SOFT OFFER OF GOLD BULLION
Subject to seller's SPA after receipt of acceptable buyer's LOI
SPECIFICATIONS AND OVERVIEW
1. Product Description: Au in the form of 12.5 Kg Bars, Fineness - 999.5% or better. Hallmarks - Internationally recognized and accepted in GLD Standard Bar Form, less than five (5) years old.
2. Quantity: 200 MT (Two Hundred Metric Tons) with possible rolls and extensions as may be agreed in writing between Buyer and Seller (at the soft TTM in Hong Kong).
3. Price: The agreed sale/purchase price is the quoted price in United States Dollars on the London Bullion Market Association (LBMA) - Second fixing (PM) for Au METAL (GOLD BARS), following positive verification of POF and POP.
4. Discount: Twelve (12%) per cent Gross to Buyer; and
Nine (9%) per cent Net to Buyer.
5. Professional Charge: One point Five Zero (1.50%) per cent to Buyer Side, and paid by Seller; and
One point Five Zero (1.50%) per cent to Seller side (CLOSED), and paid by Seller.
6. Payment: Closing via Ledger-to-Ledger; all payments by clear, clean cash funds of non-criminal origin.
7. Origin: As per POP Documentation.
8. Location of Storage: Public Security Warehouse, Hong Kong.
9. Transaction: On Ledger-to-Ledger basis.
10. Delivery: FOB Ex. Public Security Warehouse Hong Kong basic.
11. Tranches: First Tranche: 200 Metric Tons; with second (and any subsequent) lift(s) to be mutual agreed.
12. Shipment: If the Buyer wishes to ship ithe product out of Hong Kong, then, after title has been transferred, the Buyer is reponsible for ordering his own security logistics company (whether BRINKS or otherwise) for further arrangement in respect of the same, with such assistance from the Seller as the Seller separately agrees to and is able to provide.
13. Documents: The Seller will provide the following Documents:
1) Certificate of Purity
2) Packing List
3) Certificate of Ownership
4) Warehouse Safekeeping Receipt (S.K.R.)
5) Certificate of Origin
6) Commercial Invoice
7) All Export documents
8) Tax Clearance including Declaration that the Product is free from liens and encumbrances
9) Insurance certificate
14. Direct Meeting: In so far as is required, a direct meeting between Buyer and Seller to take place in Hong Kong to finalize the transaction, after all terms & conditions and procedures are agreed. The NCNDA/IMFPA may be an APPENDIX to the SPA.
PROCEDURES
1. Each of the Seller and Buyer sign the Sale and Purchase Agreement (SPA) and Non-Circumvention Non-Disclosure-Irrevocable Master Fee Protection Agreement (NCND-IMFPA) either in-person together (face-to-face) or electronically (electronic signatures being deemed accepted by both parties, where used), and also exchange a color copy of their passports, as well as the passports of their witnesses, as well as such corporate resolution(s) (and attendant supporting passport color copies) as may be required.
2. Buyer and Seller each lodge their original copy of the signed SPA along with the NCND-IMFPA to their respective banks; and the Buyer then issues a confirmation letter to the Seller intended to set-up a window time (Window Time) to commence the transaction.
3. On the appointed day during the Window Time, the Seller's Bullion Officer shall contact the Buyer's Bullion Officer in-person and (i) acknowledge having received both SPA and NCND-IMFPA and (ii) confirm their readiness to perform both SPA and NCND-IMFPA as per transaction code [TBD], following which the Buyer's Bullion Officer will confirm availability of cash on deposit sufficient to purchase 200MT of Au metal and the Seller's Bullion Officer will confirm availability of product.
4. Thereafter, and within no later than 2 (two) banking days, the Buyer's Bullion Officer shall confirm Buyer's POF (Proof of Funds) by sending a Bank Confirmation Letter (BCL) via HSBC internal equivalent of SWIFT MT799 in substantially the form set out as an appendix to the SPA.
5. Following receipt of the BCL from the Buyer's Bullion Officer and acceptance of the same by Seller's Bullion Officer, then, within the same banking day, the Seller's Bullion Officer shall send, via HSBC internal equivalent of SWIFT MT600 with banking responsibility, confirmation of product (POP) in the amount of 200 MT of Au metal to the Buyer's Bullion Officer for verification.
6. The Seller's Bullion Officer shall then issue an invitation letter (a form of which may be set out as an appendix to the SPA) inviting the Buyer to The Hong Kong and Shanghai Banking Corporation Hong Kong (main office), for verification of a copy of the SKR, following successful completion of which, the Buyer shall block their funds as a guarantee towards payment in consideration for 200MT of Au metal as described in the SPA (transaction code [TBD]). Upon receipt of the invitation letter, the Buyer shall sign by way of acknowledgement of the same.
7. On the banking day immediately proceeding the Buyer having blocked their funds, the Seller shall invite the Buyer for physical inspection of the Au metal at the Seller's Security Warehouse in Hong Kong, and the Seller shall also provide, for the Buyer's attention, the original SKR in respect of 200MT of Au metal. The Buyer shall for acknowledgement of the SKR.
8. On the next banking day, following completion of the physical inspection of the Au metal, the Seller shall issue a further invitation letter to invite the Buyer to the Seller's Bank, being The Hong Kong and Shanghai Banking Corporation, Hong Kong (main office), for conclusion of the transaction. Upon receipt of this invitation letter, the Buyer shall sign by way of acknowledgement of the same.
9. On the appointed day for conclusion of the transaction (being the next banking day), the Seller and Buyer shall meet at the Seller's Bank for the purpose of concluding the transaction. Both parties' Bullion Officers shall jointly calculate and fix the final purchase price for 200MT of Au metal based on the second fixing of the LBMA price (as expressed in United States Dollars) on the previous day. The Seller shall transfer ownership of 200MT of Au metal and all related documentation to the Buyer, and simultaneously Buyer shall instruct his Bullion Officer to release the full payment for 200MT of Au metal to the Seller's account at The Hong Kong and Shanghai Banking Corporation, Hong Kong (main office). The conclusion of the transaction shall take place under acknowledgement of Seller's and Buyer's Bullion Officers, who shall both endorse the document transferring title/ownership of the 200MT Au metal.
10. On the same day, both Seller and Buyer shall instruct their respective Bullion Officers to immediately transfer consultancy fees to the designated accounts of consultants and intermediaries as per the NCND-IMFPA (transaction code [TBD]).
11. Upon transfer of title/ownership by the Seller to the Buyer, the Buyer shall take delivery of the Au metal at the Seller's Public security warehouse in Hong Kong.
12. Further deliveries of size and frequency of lifts to be followed in accordance with such schedule as may be agreed and pursuant to the procedures set-forth herein between Buyer and Seller until the full amount of the commodity scheduled for sale and purchase is fully exhausted.
13. The complete contract quantity shall be completed within one (1) month from the date of the first lift, or as otherwise arranged between Seller and Buyer.
This Soft Corporate Offer is registered and valid for TEN (10) days from the date of issuance, following which it shall automatically elapse and expire.
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