锌精矿合同英文版
收购矿产英文合同模板
收购矿产英文合同模板This Mineral Acquisition Contract ("Contract") is entered into as of [Date], by and between [Buyer], a corporation organized and existing under the laws of [State], with its principal place of business at [Address], and [Seller], a corporation organized and existing under the laws of [State], with its principal place of business at [Address].WHEREAS, Seller is the exclusive owner of certain mineral rights located at [Location] ("Properties"), as more particularly described in Exhibit A attached hereto and incorporated herein by reference; andWHEREAS, Buyer desires to purchase and acquire from the Seller, and the Seller desires to sell and transfer to the Buyer, all of the mineral rights to the Properties, subject to the terms and conditions set forth in this Contract.NOW, THEREFORE, in consideration of the promises and covenants contained herein, the Parties agree as follows:1. Sale and Purchase of Mineral Rights1.1. Purchase Price. The Buyer agrees to purchase the mineral rights to the Properties from the Seller for a total purchase price of [Purchase Price] USD, payable as follows: [Payment Terms]. The Parties acknowledge that the purchase price reflects the fair market value of the mineral rights.1.2. Transfer of Mineral Rights. Upon payment of the purchase price in full, Seller shall transfer and convey to Buyer all of its right, title, and interest in and to the mineral rights to the Properties, subject to any existing leases or agreements affecting the Properties.1.3. Closing. The closing of the sale and purchase of the mineral rights shall take place on [Closing Date] at the offices of Buyer, unless otherwise agreed to by the Parties.1.4. Taxes. All taxes, assessments, and other governmental charges related to the transfer of the mineral rights shall be paid by the Party responsible for such taxes in accordance with applicable laws.2. Representations and Warranties2.1. Seller's Representations and Warranties. Seller represents and warrants to Buyer that:(a) Seller is the lawful and exclusive owner of the mineral rights to the Properties, with full power and authority to sell and transfer the same to Buyer;(b) There are no pending or threatened claims or disputes with respect to the mineral rights;(c) The mineral rights are free and clear of any liens, encumbrances, or restrictions; and(d) Seller has not entered into any agreements that would prevent Seller from selling the mineral rights to Buyer.2.2. Buyer's Representations and Warranties. Buyer represents and warrants to Seller that:(a) Buyer has the financial capacity to purchase the mineral rights in accordance with the terms of this Contract;(b) Buyer has conducted its own due diligence with respect to the Properties and is satisfied with the title and condition of the mineral rights; and(c) Buyer has obtained any necessary approvals or consents required for the purchase of the mineral rights.3. Indemnification3.1. Seller's Indemnification. Seller shall indemnify, defend, and hold harmless Buyer from and against any and all claims, damages, losses, liabilities, and expenses arising out of or in connection with any breach of Seller's representations and warranties set forth in Section 2 above.3.2. Buyer's Indemnification. Buyer shall indemnify, defend, and hold harmless Seller from and against any and all claims, damages, losses, liabilities, and expenses arising out of or in connection with any breach of Buyer's representations and warranties set forth in Section 2 above.4. Miscellaneous4.1. Entire Agreement. This Contract constitutes the entire agreement between the Parties with respect to the sale and purchase of the mineral rights and supersedes all prior agreements and understandings, whether written or oral.4.2. Governing Law. This Contract shall be governed by and construed in accordance with the laws of [State]. Any disputes arising under this Contract shall be resolved through arbitration in [City], in accordance with the rules of the American Arbitration Association.IN WITNESS WHEREOF, the Parties have executed this Contract as of the date first above written.[Buyer]By:_________________________Name: [Name]Title: [Title][Seller]By:_________________________ Name: [Name]Title: [Title]EXHIBIT A [Description of Properties]。
合作采矿合同协议书英文
合作采矿合同协议书英文Cooperation Mining AgreementThis agreement is made on [date], by and between [Party A] with its principal place of business at [address], and [Party ] with its principal place of business at [address]. Witnesseth:WHEREAS, Party A has expertise in the field of mineral exploration and extraction; WHEREAS, Party possesses the rights to mine certain mineral deposits located at [specific location];NOW, THEREFORE, the parties agree as follows:1. PurposeThe purpose of this agreement is to establish a cooperative relationship for the exploration, development, and extraction of mineral resources at the specified location.2. Scope of CooperationThe scope of cooperation shall include, but not limited to, geological surveys, site preparation, mining operations, and mineral processing.3. Rights and Obligations3.1 Party A shall provide the necessary technical expertise and support for the mining project.3.2 Party shall be responsible for obtaining the required mining permits and ensuring compliance with local laws and regulations.3.3 Both parties shall share the costs and profits associated with the project in accordance with the agreed-upon terms.4. Duration and TerminationThis agreement shall commence on the date of signing and remain in effect for [duration], unless terminated earlier by mutual agreement or due to force majeure.5. Governing LawThis agreement shall be governed by and construed in accordance with the laws of [governing law country].6. Dispute ResolutionAny dispute arising from or related to this agreement shall be resolved through negotiation. If negotiation fails, the parties may submit the dispute to arbitration in accordance with the rules of [arbitration institution].7. Miscellaneous7.1 This agreement constitutes the entire understanding between the parties and supersedes all prior negotiations, representations, and agreements.7.2 Any amendment to this agreement must be in writing and signed by both parties.7.3 This agreement may be executed in counterparts, each of which shall be deemed an original, and all of which together shall constitute one single document.IN WITNESS WHEREOF, the parties have executed this agreement as of the date first above written.[Party A]By: [Name], [Title][Signature][Party ]By: [Name], [Title][Signature]以上是一份简化版的英文合作采矿合同协议范本。
矿石买卖合同范本英文
矿石买卖合同范本英文Mineral Trading ContractThis Mineral Trading Contract ("Contract") is entered into on this __________ day of __________, 20__, and between:Seller: _____________________________ [insert name and address of the seller]Buyer: _____________________________ [insert name and address of the buyer]1. Subject of ContractThe Seller agrees to sell and deliver to the Buyer, and the Buyer agrees to purchase and accept delivery of, the following mineral(s):____________________________ [insert type of mineral(s)].2. Quantity and QualityThe quantity of minerals to be sold and purchased under this Contract shall be __________ [insert quantity] and shall meet the following quality specifications: ____________________________ [insert quality specifications].3. PriceThe price for the minerals shall be __________ [insert price] per __________ [insert unit of measurement]. The total purchase price shall be __________ [insert total price].4. DeliveryThe Seller shall deliver the minerals to the Buyer at the following location:____________________________ [insert delivery location]. The delivery shall be pleted __________ [insert date].5. PaymentThe Buyer shall make payment for the minerals in the following manner:____________________________ [insert payment terms].6. Inspection and AcceptanceThe Buyer shall have the right to inspect the minerals upon delivery and shall have __________ [insert number of days] days to notify the Seller of any nonconformity with the quality specifications. The minerals shall be deemedaccepted the Buyer if no notice of nonconformity is given within the specified time period.7. Force MajeureNeither party shall be liable for any flure or delay in performance under this Contract to the extent such flure or delay is caused an event beyond the control of the party, including but not limited to acts of God, war, terrorism, and natural disasters.8. Governing LawThis Contract shall be governed and construed in accordance with the laws of the state of __________ [insert state], without regard to its conflict of law principles.IN WITNESS WHEREOF, the parties hereto have executed this Contract as of the date first above written.Seller: _____________________________ [signature]Print Name: _____________________________Title: _____________________________Buyer: _____________________________ [signature]Print Name: _____________________________Title: _____________________________。
锌精矿购销合同
锌精矿购销合同合同编号：XXXX双方当事人：甲方：（以下简称买方）地址：电话：传真：电子邮件：乙方：（以下简称卖方）地址：电话：传真：电子邮件：鉴于买方有意购买锌精矿，卖方自愿将其产品销售给买方，双方达成以下协议：一、产品描述1.1 产品名称：锌精矿1.2 化学成分：锌含量不低于XXX%1.3 外观和形状：块状或粉末状1.4 包装方式：标准出口包装，符合国家相关法律法规的要求二、数量及价格2.1 锌精矿的数量为XXXX吨。
2.2 单价为XXXX元/吨，总金额为XXXX元（不含税）。
2.3 付款方式：（1）买方应在签订合同后的X个工作日内支付合同总金额的XX%作为首付款。
（2）买方在验收合格后的X个工作日内支付合同总金额的XX%作为尾款。
（3）付款方式为电汇或者其他双方商定的方式。
三、质量与验收3.1 锌精矿的质量标准应符合国家相关行业标准或双方商定的标准。
3.2 买方有权对锌精矿进行质量检验，检验机构由买方自行选择并承担相应费用。
3.3 若锌精矿未能满足买方要求的质量标准，买方有权拒绝接收，并要求卖方负责退货或进行补偿。
四、交货期限与方式4.1 锌精矿的交货期限为合同签订后的X个工作日内。
4.2 交货地点为买方指定的交货地点。
4.3 交货方式为买方自行安排运输，运输费用由买方承担。
五、违约责任5.1 若一方违反合同规定，给另一方造成损失的，应承担相应的违约责任。
5.2 除非因不可抗力导致的迟延或未能履行合同义务外，违约方应向守约方支付违约金，其金额为合同总金额的X%。
六、争议解决6.1 双方在履行合同过程中，如发生争议，应友好协商解决。
6.2 如协商不成，双方同意将争议提交XX仲裁委员会仲裁，并接受仲裁结果的最终裁决。
七、其他条款7.1 本合同自双方签字盖章即生效，有效期为X个月。
7.2 本合同的补充、变更或终止应经双方书面协议。
7.3 本合同一式两份，买方和卖方各执一份，具有同等法律效力。
甲方（买方）：乙方（卖方）：签字：签字：日期：日期：。
锡精矿进口中英文合同模板
SALE & PURCHASE CONTRACTOF TIN CONCENTRATE锡精矿购销合同Contract No.:No.518/282合同号:No.518/282 Signing Date: March 25, 2013签订日期：2013.03.25between合同方Seller卖方：Name of Company :公司名称：Address地址：Country :Tel No（电话） :Fax No（传真） :Represented by（代表） :And和Buyer买方Name of Company :公司名称：Address地址：Country :国家：Tel No（电话） :Fax No（传真） :Represented by（代表）:Whereas the seller and the buyer, each with full corporate authority, certifies, represents, and warrants that each can fulfill the requirements of this agreement and respectively provide the products and the funds referred to herein, in time and under the terms agreed to hereafter :买卖双方同意及时和按照如下合同条款提供产品和资金。
The following signed Contract is a document that is legally binding and enforceable under the Colombian law, International Law and ICC Rules and Regulation, including Non Circumvention and Non Disclosure.以下签订的合同对买卖双方都有法律约束力，其中包括保密条款，该合同执行按照哥伦比亚法，国际法和ICC条款和规则HEREAS （因此）a)The Seller with full corporate authority, makes an Irrevocable Firm commitment to sell the commodity on CIF terms, hereby certifies, represents and warrants, that it can fulfil the requirement of this Contract and provide the commodity herein mentioned and under the terms andconditions specified and agreed upon by signatories hereafter.卖方有不可撤销的义务去执行本合同的要求和提供本合同的商品。
境外采矿英文合同范本
境外采矿英文合同范本Mining ContractThis Mining Contract (the "Contract") is entered into as of [Date], and between [Name of Company A], a [State/Province] corporation with a registered address at [Address of Company A] ("Company A"), and [Name of Company B], a [Country] corporation with a registered address at [Address of Company B] ("Company B").RECITALS:WHEREAS, Company A is engaged in the business of mining and exploration of minerals;WHEREAS, Company B owns or controls certn mining concessions located in [Country/Region] (the "Concessions");WHEREAS, Company A desires to enter into an agreement with Company B for the purpose of conducting mining operations on the Concessions;NOW, THEREFORE, in consideration of the mutual covenants and agreements set forth herein, the parties hereto agree as follows:1. GRANT OF RIGHTS: Company B here grants to Company A, and CompanyA here accepts, an exclusive, irrevocable, and royalty-free license to explore, exploit, and develop the Concessions during the term of this Contract.2. TERM: The term of this Contract shall mence on the Effective Date and shall continue for a period of [Number] years (the "Initial Term"). Upon expiration of the Initial Term, this Contract shall automatically renew for successive [Number] year terms unless either party provides written notice of its intention not to renew at least [Number] months prior to the end of the then-current term.3. WORK PROGRAM: Company A shall, at its own expense, carry out a work program on the Concessions in accordance with the terms and conditions set forth in Exhibit A attached hereto (the "Work Program"). Company A shall use its best efforts to plete the Work Program in a timely and efficient manner.4. ROYALTIES: In consideration for the rights granted to Company A under this Contract, Company A shall pay to Company B a royalty equal to [Percentage]of the net smelter returns from the Concessions. Such royalties shall be pd within [Number] days after the end of each calendar quarter.5. OPERATIONAL CONTROL: Company A shall have full and plete control over all mining operations on the Concessions. Company A shall be responsible for all expenses related to the mining operations, including but not limited to labor, equipment, supplies, and transportation.6. REPRESENTATIONS AND WARRANTIES: Each party represents and warrants to the other that (a) it has the full power and authority to enter into this Contract and to perform its obligations hereunder; (b) the execution and delivery of this Contract and the performance of its obligations hereunder have been duly authorized all necessary corporate action; and (c) this Contract constitutes a legal, valid, and binding obligation enforceable agnst it in accordance with its terms.7. INDEMNIFICATION: Company A shall indemnify and hold harmless Company B from and agnst any and all losses, damages, liabilities, and expenses (including reasonable attorneys' fees) arising out of or related to the mining operations on the Concessions.8. FORCE MAJEURE: Neither party shall be liable for any flure or delay in the performance of its obligations under this Contract due to any cause beyond its reasonable control, including but not limited to acts of God, labor disputes, or disruptions in transportation, provided that the affected party promptly notifies the other party of the existence and nature of such cause.9. ASSIGNMENT: Neither party may assign any of its rights or delegate any of its obligations under this Contract without the prior written consent of the other party, which consent shall not be unreasonably withheld or delayed.10. GOVERNING LAW: This Contract shall be governed and construed in accordance with the laws of [Jurisdiction], without regard to its conflict of laws principles.11. DISPUTE RESOLUTION: Any dispute arising out of or related to this Contract shall be resolved through binding arbitration in accordance with therules of the [Name of Arbitration Association], and the decision of the arbitrator(s) shall be final and binding upon the parties.12. ENTIRE AGREEMENT: This Contract constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior agreements, understandings, negotiations, and discussions, whether oral or written, of the parties.IN WITNESS WHEREOF, the parties have executed this Contract as of the Effective Date.[Signature of Authorized Representative of Company A]Name:Title:[Signature of Authorized Representative of Company B]Name:Title:Exhibit A Work Program(To be attached)。
进口锌精矿合同范本
进口锌精矿合同范本合同编号：_______合同签订日期：_______合同双方：甲方（买方）：_______乙方（卖方）：_______根据《中华人民共和国合同法》及相关法律法规的规定，甲乙双方在平等、自愿、公平、诚实信用的原则基础上，就甲方购买乙方进口锌精矿事宜，达成如下协议：第一条产品信息1.1 产品名称：进口锌精矿1.2 产品规格：_______1.3 产品数量：_______1.4 产品单价：_______1.5 产品总价：_______第二条交货期限及地点2.1 交货期限：_______2.2 交货地点：_______第三条支付方式3.1 甲方应按照本合同的约定向乙方支付货款。
3.2 乙方在收到甲方支付的货款后，应及时办理出口手续，并将货物交付给甲方。
3.3 甲方支付货款的期限及方式：_______第四条质量保证4.1 乙方保证所提供的进口锌精矿符合合同约定的质量标准。
4.2 甲方有权对乙方提供的货物进行检验，如发现质量问题，乙方应承担相应的责任。
第五条违约责任5.1 任何一方违反本合同的约定，导致合同无法履行或造成对方损失的，应承担违约责任。
5.2 乙方未能按照约定时间交付货物的，每逾期一日，应向甲方支付逾期交货违约金，违约金计算方式为：_______5.3 甲方未能按照约定时间支付货款的，每逾期一日，应向乙方支付逾期付款违约金，违约金计算方式为：_______第六条争议解决6.1 双方在履行合同过程中发生的争议，应通过友好协商解决；协商不成的，任何一方均有权向合同签订地人民法院提起诉讼。
第七条其他约定7.1 本合同自双方签字盖章之日起生效。
7.2 本合同一式两份，甲乙双方各执一份。
甲方（盖章）：_________ 乙方（盖章）：_________甲方代表（签字）：_________ 乙方代表（签字）：_________联系电话：_________ 联系电话：_________电子：_________ 电子：_________地址：_________ 地址：_________邮编：_________ 邮编：_________原进口锌精矿合同范本。
进口锌精矿合同模板
进口锌精矿合同模板这是小编精心编写的合同文档，其中清晰明确的阐述了合同的各项重要内容与条款，请基于您自己的需求，在此基础上再修改以得到最终合同版本，谢谢！进口锌精矿合同模板合同双方：甲方：（进口商名称）乙方：（出口商名称）第一条：商品及数量乙方同意向甲方供应锌精矿，具体数量和品质如下：锌精矿品位：不低于（%）锌精矿数量：共计（吨）第二条：价格与支付1. 锌精矿的价格为每吨（美元），共计（美元）。
2. 甲方应在合同签署后（个工作日）内，将货款总额支付至乙方指定的银行账户。
第三条：交货1. 乙方应在合同约定的交货期内，将锌精矿运输至甲方指定的港口。
2. 甲方应在收到货物后，对货物进行验收，确认数量和品质无误后进行付款。
第四条：质量与检验1. 乙方应保证所供锌精矿的质量符合国际标准。
2. 甲方有权对货物进行检验，如发现货物不符合合同规定，甲方有权要求乙方进行赔偿。
第五条：违约责任1. 如乙方未能按照约定时间交付货物，应向甲方支付违约金，违约金为货款总额的（%）。
2. 如甲方未能按照约定时间支付货款，应向乙方支付违约金，违约金为货款总额的（%）。
第六条：争议解决1. 凡因本合同引起的或与本合同有关的一切争议，双方应友好协商解决。
2. 若协商不成，任何一方均可向合同签订地的人民法院提起诉讼。
第七条：其他1. 本合同自双方签字盖章之日起生效，有效期为（年）。
2. 本合同的任何修改和补充，均须以书面形式作出，并经双方代表签字盖章后生效。
甲方代表：（签字）乙方代表：（签字）签订日期：（年）（月）（日）请根据您的实际情况进行修改和完善，以确保合同的合法性和有效性。
在签订正式合同前，建议您咨询专业律师的意见。
祝您业务顺利！。
全版本矿石买卖协议样本英文版
全版本矿石买卖协议样本英文版Sample Ore Buying and Selling Agreement for All VersionsThis document sets forth the terms and conditions for the buying and selling of ores in all versions of the game. The agreement is entered into by the parties involved in the transaction.1. Parties Involved: The agreement is between the buyer and the seller of the ores. Both parties must agree to the terms stated in this document.2. Ore Specification: The buyer agrees to purchase a specific type and quantity of ores as specified in the agreement. The seller must ensure that the ores meet the agreed-upon specifications.3. Price and Payment: The price for the ores will be determined based on the current market value. The buyer agrees to make the payment in full upon receipt of the ores.4. Delivery: The seller is responsible for delivering the ores to the buyer at the agreed-upon location. Any delays in delivery must be communicated in advance.5. Quality Assurance: The seller guarantees that the ores are of high quality and free from any defects. The buyer has the right to inspect the ores upon delivery.6. Risk of Loss: The risk of loss or damage to the ores passes to the buyer upon delivery. The seller is not liable for any damages that occur during transport.7. Termination: Either party has the right to terminate the agreement if the other party fails to fulfill their obligations. Termination must be done in writing.8. Governing Law: This agreement is governed by the laws of the jurisdiction in which the transaction takes place.9. Confidentiality: Both parties agree to keep the terms of this agreement confidential and not disclose any information to third parties.10. Entire Agreement: This document constitutes the entire agreement between the parties and supersedes any previous agreements or understandings.In witness of their agreement to the terms above, the parties affix their signatures below:Buyer: ___________________________Seller: ___________________________。
CONTRACT合同Between签订双方
CONTRACT合同Between签订双方PT Dairi Prima Mineral中色（印尼）达瑞矿业有限公司(The Owner)（业主）And和XXXXXXXXXXXXXXXXXXXXXXXXXXXXX(The Contractor)（承包商）ForUNDERGROUND MINING SYSTEM DEVELOPMENTFor theDAIRI LEAD-ZINC MINE PROJECT印度尼西亚达瑞铅锌矿采选工业场地建安工程Indonesia Dairi Lead-Zink MineMineral Processing Industry Site Construction ProjectThis Contract No: XXXXXXX made and entered into on XXXX at XXXXX.本合同编号为XXXXXXX，于XXXX在XXXXX签订。
BY AND BETWEEN合同双方PT DAIRI PRIMA MINERAL (“DPM” or the “O w ner”), a company organized and existing under the laws of The Republic of Indonesia, with its principal place of business at Bakrie Tower 10th floor Complex Rasuna Epicentrum Jl. HR Rasuna Said Jakarta Selatan 12940 Indonesia (hereinafter referred to as the “Owner”, which expression shall, unless excluded by or repugnant to the context thereof, include its successors and assigns); and中色（印尼）达瑞矿业有限公司（“DPM”或“业主”），一家根据印度尼西亚共和国法律组建并存续的公司，其主要营业地址位于Bakrie Tower 10th floor Complex Rasuna Epicentrum Jl. HR Rasuna Said Jakarta Selatan 12940 Indonesia（以下简称“业主”，包括其继承人和受让人，除非上下文排除或与此矛盾）；ANDXXXXXXXXXX（The contractor’s information）XXXXXXXXXX（承包商信息）AND WHERE AS Owner has decided to develop Indonesia Dairi Lead-Zink Mine Mineral Processing Industry Site Construction Project at Dairi Regency, North Sumatra, Indonesia.鉴于，业主决定在印度尼西亚北苏门答腊省达瑞县的印度尼西亚达瑞铅锌矿采选工业场地建安工程，AND WHERE AS the Owner has entrusted to the Contractor the work covering Indonesia Dairi Lead-Zink Mine Mineral Processing Industry Site Construction Project at Dairi Regency, North Sumatra, Indonesia confirming to the Scope of Work as per annexure 1 of the Contract.业主已将印度尼西亚北苏门答腊省达瑞县的印度尼西亚达瑞铅锌矿采选工业场地建安工程委托给承包商，并根据合同附件1确认了工程范围。
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CONTRACT DATE （合同日期）TRADING AG （ Seller ”， has sold and Co., LTD （ Buyer ”China hereby agrees to purchase the following material on the following specific terms and conditions:贸易股份有限公司（“卖方”岀售，中国有限公司（“买方”寺此同意在以下特定条款和条件下购买以下材料：1. MATERIAL AND QUALITY （材料与质量）Zinc Concen trates with typical assays as below锌精矿与典型分析如下Zn （锌）:45 -47% Ag （银）:68 Grs/dmtAs （砷）：0.04% Co （钻）:0.01%Cd （镉）：0.14% Cu （铜）:0.04%Cac ）（氧化钙）：0.27% Co2 （二氧化碳）:0.70%Hg （汞）:0.0139% K2O （氧化钾）:0.03%Mn （锰）:0.03% MgO （氧化镁）:0.33%Ni （镍）:0.009% Na2O （氧化钠）:0.02%Pb （铅）:3.26% SiO2 （氧化硅）:8.5-10%Fe （铁）:10% Ge （错）:0.008%For the bala nee of its compositi on, the material shall be free of con stitue nt 'deleterious eleme ntsS （硫）：30.0% Sb （锑）:0.005%harmful to the smelting and refining process.2. QUANTITY （数量）：10000（ten thousand ）Dry Metric Tons, +/- 10% （plus/minus ten percent）Zinc Concentrates, in Seller 'soption.10000（一万）干吨，±10%锌精矿，在卖方选项3. SHIPMENT （装运）：In contain ers, duri ng July 2005, subject to Seller 'receipt of fully workable Letter of Credit ope ned by Buyer in favor of Seller in accordance with the provisions of Clause 7 and also subject to suitable vessel/ccontainer availability. Furthermore, no vessel nomination will be done until the fully workable Letter of Credit is in place.2005年7月通过集装箱，4. DELIVERY (交付)：The concentrates shall be delivered on the basis CIF (Incoterms 2000) CY Fangcheng/Beihai or main China Port to be declared timely by buyer.All THC and other cost at the disport for buyer 'accou nt.货物按照CIF防城港或北海港或其他中国主要港口的集装箱堆场进行交付且买方要及时知会交付地点。
所有码头操作费及其他费用由买方承担。
5. PRICE (报价)：The price of the material shall be the sum of the followi ng payable metals:材料的价格应为以下金属的应付款项总和：5. A) Payable Metals (应付款金属)：5. A.1 Zi nc (锌)：Buyer shall pay 85% (eighty five perce nt) of the final zinc content, subject to mini mum deductionof 8 (eight) units, at the official LME Cash Settlement quotation for Special High Grade Zi ncas published in Metal Bullet in, averaged over the Quotati onal Period.买方应当支付内含物的85%5. A.2 No other metals shall be payable.5. B) Deducti ons:5. B.1 Treatme nt Charge ( T/C"):The Treatme nt Charge shall be U.S. Dollars245.00 (two hun dred forty five point zero zero) per dry metric tons of material flat CIF CY Fan gche ng/Beihai or Mai n Chi na port.5. B.2 No other deducti ons shall be applicable.6. QUOTATIONAL PERIOD:6. A.1 The Quotati onal Period ( QP "for zi nc shall be the average of the sec ond month followi ngthe month of shipme nt ( M+2 ", as evide need by the on board date of Bill of Ladi ng.6. A.2 Subject to receipt of fully workable Letter of Credit, Buyer shall, prior to the last LMEtradi ng day before QP starts, price the total material at any time, basis QP LME priceforzinc. The mini mum qua ntity for which Buyer is allowed to fix a price each time is 500mt.6. A.3 However, if the material is not priced prior to the comme nceme nt of the QP, the n the pricefor that porti on shall be fixed as per 6.A.1 above.6. A.4 Furthermore any material priced prior to commencement of the contractual QP can be un pricedat any time. All valid pric ing or un pric ing orders will have to be issued in writ ingand signed. Such pricing/unpricing orders can be carried out if Letter of Credit value coversthe outsta nding value of the material at the market price of the pric ing order and the un pricing orders will be carried out only if 90% letter of Credit value covers the outsta ndingvalue of the material at the market price at the time of the un pric ing order.6. A.5 Each time material is unpriced in accordanee with Clause 6.A.4 above, Seller will been titled to earn a Commissi on of Dollars 8.00 per metric ton of material un priced or 15% of the gross unpricing profit, whichever is the greater. Seller shall remit any remaining profit,after deduct ing the Commissi on, to Buyer withi n 7 banking days after fin alisati on of thisCon tract.6. A.6 The final price of the material shall be the weighted average of each of the prices fixed asper the above provisions after taking into account any of the material, which has been un pricedand any over/u nder pric ing over the QP.7. PAYMENT:7. A.1 100% payment by irrevocable documentary Letter of Credit. Buyer shall make 90%provisional payment in Dollars, net cash, either at sight or 90 days after sight against Seller'presentation of the following shipping documents:Full set 3/3 Origi nal clea n on board Ocea n Bills of Lad ing made out to order and blanken dorsed, with no tify party to be advised timely by Buyer.Full set orig inal certificate of i nsura nee for 110% of the CIF material value.Provisi onal Weight certificate in dicati ng moisture in perce ntage, wet metric tons anddry metric ton s, issued by Seller.Provisi onal assay certificate issued by Seller.Certificate of origi n issued by Seller.Provisi onal In voice issued by Seller.Payme nt shall be secured by way of an irrevocable docume ntary Letter of Credit issued bya first Class Chinese bank nominated by Buyer to Seller and accepted by Seller andadvised through First class Europea n bank to be advised by Seller.Third party Letter of Credit acceptable, Buyer shall provide with LC opening company's in formation promptly after sig ning of the con tract.The Letter of Credit shall be opened before June 27, 2005 using pre-shipment weights, assaysand prices averaged over two full cale ndar weeks prior to Seller 'prese ntati on of calculati ons for purpose of ope ning the letter of Credit plus releva nt adjustme nt coveri ng 110%. Such Letter of Credit shall be issued in a form and substa nee acceptable to Seller and shall be payable either at sight or 90 days after on board date of bill of lad ing. The Letter of credit shall be available for n egotiati on and payme nt at the cou nters of any bank.All issu ing bank charges are for Buyer 'accou nt.All advis ing/n egotiati ng bank charges for Seller 'accou nt.7. A.2 The provisional payment, shall be based upon the provisional weight and assay certificates issued by the Seller and the applicable provisional prices as known two full cale ndar weeks prior to on board date of Bill of Ladi ng. If Buyer has priced the materialquantity prior to presentation, the provisional price shall then reflect the tonnage priced.Should the market value exceed at any one time 95% of the Letter of Credit value, theSeller shall ask for an amendment of the Letter of Credit. If such amendment is not received with in 3 days or if LME price in crease in such a way that the market value of the delivered goods exceed 100% of the 100% Letter of Credit value, whichever is earlier, Seller has the right but not the obligati on to price the material without any further no tice. Iffinal settlement in favor of Buyer, Seller shall pay the balanee due to Buyer latest five working days after received of final debit note.7. A.3 The Letter of Credit shall be available for drawing by Seller on the final settlement whenall details relating to final weight, price and quality are known, against presentation of Seller 'final in voice.The final settlement shall be the value determined in accordance with the relative clauses in this con tract regard ing weight, assays and prices, less provisi onal payme nts effected.7. A.4 For deferred payment Letter of Credit, Buyer shall pay Seller finance charges, at thepublished Finan cial Times of London three mon ths LIBOR (quoted on on board date of Bill of Ladi ng) plus 1.5%, calculated for 90 cale ndar days, basis 90% provisi onal in voice amou nt.Such charges shall be allowed for in the Letter of Credit and shall be in cluded in first provisi onal draw ing.7. A.5 If due date falls on a Saturday or New York banking holiday other tha n Mon day, payme ntshall be made on the precedi ng New York banking day. If payme nt due date falls on aSun day or Mon day bank holiday in New York, payme nt to be made on the n ext New York banking day.o8. WEIGHING, SAMPLING AND MOISTURE DETERMINATION:For the purpose of final settleme nt, weigh ing, sampli ng and moisture determ in ati on shall be carried out for the buyer ' accou nt at the port of discharge, in accorda nce with sta ndard in ter nati onal practises, performed by CIQ/CCIC. The final weight shall be determined by CIQ/CCIC, in conjunction with Seller ' representative using draft survey (bulk shipment) or weight scale (container shipme nt) method in seller 'opti on and such weight shall be final and binding on both parties. The Seller and/or the Producer has the right to be present at these operations by a surveyor or representative, acting in name and on behalf of the Seller and/or the Producer at itsown expense. The sample lot size shall be approximately 500 wmt and each lot shall form a separate and complete delivery for the purposes of settlement of weight and moisture content. Represe ntative samples shall be take n from each lot with the follow ing distributi on:-2 sets for Buyer-2 sets for Seller-2 sets for supplier-2 sets to be kept by CIQ/CCIC in reserve for umpire purpose.-2 sets to be held by Seller 'represe ntative in reserve for umpire purpose.All samples shall be sealed and sig ned join tly by CIQ/CCIC and Seller 'represe ntative.9. ASSAYING:9.A.1 Assays for zinc shall be made in depe nden tly by Buyer and Seller, on a lot by lot basis, fromsamples taken at the above operations. These results shall be exchanged in the normal commercialmanner latest 45 days from date of the weigh in g/sampli ng/moisture report. Should the differenee betwee n Buyer's and Seller 'results be n ot more tha n:Zinc: 0.50 % (zero point five perce nt)the n the exact mean of the results shall be take n as the agreed assays for final settleme nt.9.A.2 If differences exceed the splitting limits, either party may request an umpire chosen by mutual agreement, from:Laboratory Services In ter nati onal BVGeysse ndorfferweg 543088 GK RotterdamNetherla ndsOrA.H. Kni ght In ter natio nal Ltd.Ecclest on GrangePrescot Road, St. Hele nsMerseyside WA10 3BQ, En gla ndAlex Stewart (Assayers) Ltd.Caddick RoadKno wsley In dustrial EstateKno wsley, MerseysideShould the umpire assay fall betwee n the results of the two parties hereto, the arithmetical mea n of the umpire assay and the assay of the party which is n earer to the umpire assay shall be take n as the final assay.Should the umpire assay coin cide exactly with the results of either party hereto, the n the umpire assay shall be accepted by both parties as the final assay.Should the umpire assay fall outside the results of the two parties hereto, the umpire assay shall be take n as the final assay.The cost of the umpire shall be paid by the party whose assay is further from the umpire, except whe n the umpire assay is the exact mean of the parties' assays in which eve nt the cost shall be shared equally by both parties.10. SUSPENSION OF QUOTATIONS:Should any quotati on referred to in this con tract cease to be published or cease to be represe ntative.Buyer and Seller shall n egotiate in good faith to establish a mutually acceptable pric ing method.11. TITLE AND RISK:Title shall pass from Seller to Buyer upon Seller's receipt of the provisional payment(s).Risk shall pass from Seller to Buyer upon delivery of material over ship 'rail at load port.12. INSURANCE:Seller shall be resp on sible for providi ng orig inal certificate of in sura nee issued by First Class Wester n In sura nee Compa ny for 110% of the provisi onal CIF in voice value in US Dollars coveri ng: * In stitute Commodity Trade Clauses (A)* In stitute War Clauses* Institute Strikes, Riots and Civil Commotion Clauses (Institute SR&CC clauses)* Risk of fire or heati ng of the cargo eve n whe n caused by in here nt vice or spontan eous combusti on* In stitute Radioactive Con tam in ati on Exclusi on ClauseSuch in sura nce shall be adjusted to 110% of the final value of the concen trate in accorda nce with the con tract and shall be in effect from the pass ing of risk at the port of loadi ng through to discharge port. Claims shall be payable in US Dollars in the cou ntry of Buyer 'domicile.Notwithsta nding the above, it is Buyer's resp on sibility for properly fili ng the in sura nce claim in accorda nce with the terms and con diti ons of in surer's coverage. Seller agrees that it will co-operate and assist the Buyer to the best of its ability in proceeding settlement of any loss or damage with an in sura nce compa ny.13. SHIP LOST AND DAMAGE CLAUSE:13.A.1 In the eve nt that the complete cargo is lost or no part thereof shall arrive in good con dition, final payme nt shall be made in accorda nce with the terms and con diti ons contained herein.Cargo shall be deemed to have arrived 30 days after on board date of Bill of Ladi ng. Bill ofLad ing weight, along with moisture and assays determ ined at the time of load ing, will be thebasis for final settleme nt.13.A.2 In the eve nt that part of the cargo is lost, final payme nt shall be made in accorda nee withtheterms and con diti ons contained here in. Net dry weight shall be based upon the Bill of Ladingweight less moisture to be determined at the time of loading. Assays shall be determined fromthe samples taken from that portion of the cargo which has safely arrived in good condition andshall be the basis for final settlement.13.A.3 In the eve nt the damage shall not have altered the weight of the damaged porti on, final paymentfor the Material damaged shall be made on the basis of final weight in accordance with Clause8 and 9 here in, and assays and prices as determ ined for the part of the cargo which has beensafely delivered in accordance with terms and conditions contained herein.13.A.4 In the eve nt that part of the cargo is lost or the weight is altered by damage, final payme ntfor the material lost or damaged shall be made on the basis of the Bill of Lading weight adjustedfor moisture on the safely delivered and unaltered portion, and assays and prices as determinedfor the part of the cargo which has been safely delivered and without damage in accorda nce withthe terms and con diti ons contained here in.14. NOTICES:All no tices shall be made to the addresses of the parties set forth below or such subseque nt address as any party may subsequently advise the other party in writing:Seller:Teleph one:Facsimile:Buyer:Teleph one:Facsimile:15. FORCE MAJEURE:If the performa nce of any obligati on (other tha n the obligati on to pay for material) by any party to thisCon tract is hin dered or preve nted by reas on of any of the followi ng eve nts, bey ond the con trol of the parties:Act of God, strike, fire, lockout, flood, war, i nsurrecti on, mob viole nce, comb in ati on of workme n, interferenee of Unions or Government, suspension of labour, accident, lack of transportation or delay en route or of any other cause whatsoever bey ond the reas on able con trol of Buyer or Seller; this shall be here in after referred to as Force Majeure. Such no tice shall set forth in reas on able detail the nature of the Force Majeure and the best estimate by the party claiming Force Majeure of the duration thereof. The party so affected shall not be liable to the other for damages on account thereof. Except by written agreement from Seller, this Clause shall not apply if vessel space is booked, loading of the material has commeneed, the Quotational Period is running or any pricing has bee n done.Any eve nt of Force Majeure so preve nting or delay ing the performa nee of any such obligati on (other tha n the obligati on to pay for material) shall en title the party affected to suspe nd such performa nee during the time and to the extent of the Force Majeure, provided that the party affected shall inform the other promptly in writing or facsimile.If the circumstances giving rise to a Force Majeure declaration continues for more than 60 consecutive days, the party not declaring Force Majeure shall have the right to renounce any further fulfilment of its obligations hereunder, with the exception of obligations which shall have accrued hereu nder betwee n Buyer and Seller.16. LIQUIDATION:Without limiti ng any other rights that may be available to the liquidati ng party (as here in afterdefi ned),in the eve nt that Buyer/Seller fails to make payme nt whe n due of any amou nt payable to Seller/Buyer un der this con tract or any other con tract outsta nding betwee n Seller and Buyer or in the eve nt that a party here to (the default ing party) is the subject of a ban kruptcy, in solve ncy or other similar proceed ings or fails to pay its debts gen erally as they become due, the other party hereto(the liquidating party) shall have the right, exercisable in its sole discretion and at any time , to liquidate this and any or all other con tracts the n outsta nding betwee n the parties (whether the liquidati ng party is the Seller or Buyer hereu nder) by declari ng any or all such con tracts term in ated (whereup on they shall become automatically termi nated, except for obligati on to effect payme nt), calculating the differenee, if any between the price specified therein, and the market price for the releva nt commodity (as determ ined by the liquidat ing party in a commercially reas on able manner at a time or times reas on ably determ ined by the liquidat ing party), and aggregati ng or n etti ng such market damages toa single liquidated settlement payment that will be due and payable upon dema nd therefore17. LIABILITIES:In no eve nt shall Seller or Buyer be liable for in direct or eon seque ntial damages or for specific performa nee.18. WARRANTIES:Except for the warranty of the title no conditions or warranties express or implied, of merchantability, fitness or suitability of the material, for any particular purpose or otherwise, are made by Seller other tha n the material con forms, within any tolera nces stated, to the descripti on stated herei n.。