|
Important Notes:
- FSAP non-exclusive offer is subject to prior
sale, and it is presented as first come and
first serve basis.
- We will ONLY accept to start
negotiations upon receipt of end-user-buyer’s LOI
(including full banking coordinates and
authorization for soft-probe
on Buyer’s account), which should be nominal,
and not older than 5 banking days.
- The payment instrument conditions are
irrevocable and non-negotiable.
- The contract conditions are irrevocable,
unconditional and non-negotiable.
- No visit to Mines, Manufactorer, Supplier
will be allowed prior to draft contract.
- No information regarding previous shipments or
contracts will be provided.
- The payment instrument must be approved by the
Seller and Seller’s Bank.
- The Buyer agrees that no product will be
delivered to either any United States or United
Nations sanctioned port, or those that may still
be considered ASWP, but are
located in current war zones or areas or
conflict.
- The presentation of a Full Corporate Offer (FCO)
is always contingent to the presentation of the
Buyer’s Letter of Intent (LOI)
or irrevocable purchase order (ICPO)
containing full banking coordinates and explicit
authorization for soft probe. In addition the
Buyer must present the Bank Comfort Letter (BCL).
- The Buyer also agrees that his response to
this offer constitutes the acceptance of a
Non-Circumvention and Non-Disclosure Agreement,
with corporate and individual responsibilities,
extended to heirs, assignees, and/or successors,
to be signed with our Corporation, according to
standard terms suggested by the International
Chamber of Commerce (I.C.C.) 500, and valid for
5 (five) years, or the length of the contract,
which ever lasts longer.
Closing procedures:
- Standard closing procedures, starting with the
Letter of Intent (LOI) or the
Irrevocable Corporate Purchase Order (ICPO),
including full banking information and explicit
authorization to soft probe on Buyer’s bank
account (sample provided in ANNEX C, below), and
fresh Bank Comfort Letter (BCL).
Refer to sample in Annex B.
- The Seller responds with Full Corporate Offer
(FCO) and Draft of Contract.
- Contract discussion and signing. All copies
sent via email deemed as legally binding. The
hardcopies are exchanged via courier;
- The Buyer sends RWA or Proof
of Funds (POF) via Bank to Bank
(SWIFT MT799), and the Seller
responds with Proof of Product (POP)
in the same fashion.
- Buyer opens agreed payment instrument, as
indicated above, as pre-advice (non-operative).
- The Seller issues the Performance Bond (PB)
of 2% of ONE shipment amount, which activates
payment instrument.
- Shipments commence as per contract.
IMPORTANT notes regarding
documentation submitted to our appreciation
Approximately 95% of all requests we receive are
rejected due to inconsistencies found on them.
Therefore, to avoid frustration and save precious
communication time, please make sure the following
is observed:
- The requests must be
presented in a complete Irrevocable Corporate
Purchase Order (ICPO) or letter
of Intent (LOI), on the
Company’s letterhead (Corporate official
stationery with full address and contact
information), containing full banking
information (including Account holder, bank
address and officer’s contact information, SWIFT
Code, account coordinates, etc.) and must
include explicit authorization for
soft-probe (not necessary for cash
transactions);
- The Bank Comfort Letter (BCL)
must be provided. A valid BCL
must be issued in the Bank
Letterhead, signed by two (2) bank officers,
including full banking coordinates, and stating
clearly that the Account Holder is Ready,
Willing and Able (RWA) to
undergo the transaction proposed (clearly
identified including the product description,
total volume and monthly volume transacted), and
the total amount of the contract (clearly
specified);
- Note: some Sellers will agree with a RWA
Letter from the Bank, which are frequently
transmitted to the Seller’s Bank via SWIFT MT
799. Other generic letter terms, such as a simple
referral letters indicating the good
standing of the Account Holder in the
banking institution, have no value as
BCL. In case a RWA is
presented, instead of BCL, the decision to send
RWA bank to bank must be
stated in the ICPO/LOI body
text. The names, positions and contact
information of the two (2) Bank
officers signing the BCL/RWA
must be clearly indicated;
- The ICPO/LOI must be
signed and stamped.
The names and positions
of the Company officers signing the LOI/ICPO
must be clearly
indicated. Otherwise, the document
has no legal value;
- The documents must be
fresh (recent date – the most 3-5 days old
max.);
- VERY IMPORTANT, the
letterhead of the Company requesting the
commodity must correspond to
the Bank Account Holder on the banking
information provided.
These points will help you in verifying the
legitimacy of the documentation provided. If
your documents DO NOT PASS these verification
points, please discuss them with your Buyers
Bank and get them corrected, immediately. This
will save time in our process.
Payment Options
When specifying your payment choice, please be
clear and completely define the payment instrument
as presented in the following examples:
- MT760 BG 100% payable instrument:
by irrevocable, transferable and confirmed
(conditional or unconditional, as per contract
terms) Bank Guarantee (BG), in the total amount
of the contract (100%) or in the agreed amount
as per contract, issued or guaranteed by one of
the top 25 world banks, 100% payable at sight,
at the Seller’s Bank, against presentation of
shipping and/or other contract documents.
- FFSBLC: by irrevocable,
transferable and confirmed Fully Funded Stand by
Letter of Credit (FFSBLC), in the total amount
of the contract, issued or guaranteed by one of
the top 25 world bank’s 100% payable at sight,
at the Seller’s Bank, against presentation of
shipping documents, as per contract.
- FFDLC : by irrevocable,
transferable, divisible and confirmed Fully
Funded Stand-By Letter of Credit (FFSBLC), in
the total amount of the contract (100%) or in
the agreed amount, as per contract, issued or
guaranteed by one of the top 25 world bank’s
100% payable at sight, at the Seller’s Bank,
against presentation of shipping and/or other
contract documents.
- FFRDLC : by irrevocable,
transferable, divisible and confirmed Fully
Funded Revolving Documentary Letter of Credit
(FFRDLC), issued or guaranteed by one of the top
25 world banks, in the amount corresponding to
the monthly shipment, revolving the number of
months specified in contract, payable at sight,
at the Seller’s Bank, against presentation of
shipping and/or other contract documents. The
Seller may require a guarantee for securing the
Buyer’s commitment in fulfilling the contract
which can be represented by a Bank Guarantee
(BG) or a Stand-By Letter of Credit (SBLC). In
case no guarantee is required by the Seller, the
price of the commodity is normally much higher.
- TT/SWIFT : by direct funds
transfer via Bank T/T (KTT or SWIFT) in the
amount corresponding to the monthly shipment,
from one of the top 25 world banks, 100% payable
at sight, at the Seller’s Bank, against
presentation of shipping and/or other contract
documents. The Seller may require a guarantee
for securing the Buyer’s commitment in
fulfilling the contract which can be represented
by a Bank Guarantee (BG) or a Stand-By Letter of
Credit (SBLC).
- SWIFT MT103.23: by
irrevocable and conditional SWIFT payment
instrument, 100% payable at sight, at the
Seller’s Bank, against presentation of shipping
and/or other contract documents or Commercial
Invoice.
- Other Payment Instruments:
please, specify completely, even if using direct
deposit, Bank T/T, or other SWIFT transactions
as payment instruments.
Notes:
When proposing your payment
instrument of choice, please understand that the
Seller must have the assurance that the whole
contract will be fulfilled. Therefore, anytime a
partial payment is proposed, a guarantee for
total contract fulfillment is mandatory.
The terms of these payment instruments must be
approved by the Seller and the Seller’s Bank.
|