Sales contract CL8M309. (2008).

Recuperado de la base de datos de UESAN (035202)

Contract Number CL8M309

(In two identical counterparts)
Page 1 of 2
SALES CONTRACT CL8M309

On April 2nd, 2008 the below mentioned parties have concluded the present sales contract, upon the following terms and
conditions:
1.

SELLER

Corporacin Nacional del Cobre de Chile (Codelco).

Hurfanos 1270, Santiago, Chile.

2.

BUYER

Xstrata Copper Chile S.A.

Andrs Bello 2777, piso 8vo, Las Condes, Chile.

3.

MATERIAL

High Copper Molybdenum Concentrates from Codelco Norte Division.

4.

QUANTITY

Approx. 400 MT of Material.

5.

QUALITY

Mo 48 - 50
% Min.
Pb 0.01 - 0.04 % Max.
Oil + Moisture 1-8% Max.

6.

PACKAGING

In supersacks of 1.2 MT of material each on pallets.

7.

DELIVERY

FOT Altonortes plant, Antofagasta, Chile. All duties and expenses unpaid.

8.

SHIPMENT
PROGRAM

During May, 2008.

PRICE

Shall be the 91.25% of the average for the high and low Dealer Oxide quotation as
published every Monday by Metals Week, during the quotational period less US$
0,016/Lb Mo (discount corresponding to delivery FOT instead of CIF).
To the resulting calculated price, it should be added the Value Added Tax (Impuesto al
Valor Agregado I.V.A.).

10. QUOTATIONAL
PERIOD

The second month following to the contractual month of shipmeny (M+2).

11. PAYMENT

Shall be made in U.S. Dollars for 100% of the invoice value prior to shipment. Payment
to be made by cable transfer to the account N 36986676 Swift citi US33 Citibank N.A.
New York, also indicated by the Seller on the invoice net to Codelco. All banking fees
and expenses are on Buyers account.

12. WEIGHTS AND

ASSAYS

Weights and assay per lot as certificated by Codelco will be final for settlement.
However, if Buyer finds a difference more than 0.5% on weights and/or assay within a
maximum period of 60 days after delivery date that could not be settled by both
parties, an independent supervision firm and/or an umpire assayer will be mutually
agreed upon. Weighing results ascertained by the independent supervisor shall be
final for the lot. Analysis results informed by the assayer shall be final for the lot,
provided result lies within the analysis of the parties, otherwise the final result shall be
the middle of the three results. Cost of the supervisor and/or umpire assayer shall be
borne by the party whose weights and/or assays are furthest from those of the
supervisor and/or the umpires assayer, or be equally shared if the supervisors and/or
umpires assayer result is the exact mean of the partiesresults. Weighing and
sampling operations shall be carried out under the Procedure for the Weighing and
Sampling of Technical Grade of Molybdenum Oxide and for assaying of Technical
Grade of Molybdenum Oxide, Guidelines from the International Molybdenum
Association.

9.

13. RETENTION
OF TITLE

Cu
P

2.25 - 3.50 % Max.

0.01 - 0.04 % Max.

The Seller retains absolute legal ownership of its title to property of the goods sold
under this Contract until full payment of the corresponding invoice has been duly
made by the Buyer to the Seller and has been duly received and acknowledged by the
Seller.

Contract Number CL8M309

(In two identical counterparts)
Page 2 of 2
14. WARRANTY OF
EXISTENCE AND
AUTHORITY
:

15. EXECUTION

Where this Contract is signed by a person for and on behalf of a party, that party: (i)
warrants that (a) it is duly organized and validly existing under the laws of the
jurisdiction of its organization and incorporation and in good standing under such
laws, (b) the person who signs this Contract is the authorized agent of that party with
express authority to enter into and signs this Contract for and on behalf of that party,
and thereby to bind that party to the obligations upon that party contained in this
Contract, and (c) its obligations under this Contract constitute its legal, valid and
binding obligations, enforceable in accordance with its terms; and (ii) acknowledges
that the other party to this Contract would not have entered to this Contract but for the
warranties contained in this clause. Except as otherwise specified herein, the Seller
extends no representations or warranties of any kind with respect to the Material,
express or implied, and expressly disclaims any warranties contained under Article 35
Section 2 of the United Nations Convention on Contracts for the International Sale of
Goods.
This Contract will only be effective if in writing, including writing evidenced by a
facsimile transmission, and executed by each if the parties, or confirmed by an
exchange of electronic messages on an electronic messaging system, and may be
executed in any number of original counterparts. All such counterparts shall constitute
one and the same instrument. Counterparts may be executed in faxed form and the
parties shall accept any signatures received by a receiving fax machine as original
signatures of the parties.

16. AMENDMENTS

Neither this Contract nor any term of it may be amended, supplemented or waived
except by a written instrument dated and signed by both parties, including writing
evidenced by a facsimile transmission or confirmed by an exchange of electronic
messages on an electronic messaging system. No waiver by either party of a failure by
the other party to perform an obligation hereunder shall extend to any future
performance obligation.

17. HEADINGS

The headings used in this Contract are for convenience of reference only and are not
to affect the construction of or to be taken into consideration for the purpose of its
interpretation.

18. GENERAL
CONDITIONS

This Contract includes and is subject to all the terms and conditions stated in an
overleaf entitled General Conditions. It is understood and agreed that should there
be any contradiction between the General Conditions and the provisions established
in the above clauses, the latter shall govern.
This Contract supersedes all prior arrangements among the parties, whether oral or
written, and constitutes the entire understanding between the parties concerning the
subject of this Contract.

Signature:
For Buyer: Xstrata Copper Chile S.A.
Name:
Position:

Signature:
For Seller: Codelco
Name:
Position: