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DC Seller Sugi
DC Seller Sugi
BETWEEN
A.SUGIANTO As
“ SUPPLIER / CO-SELLER BENEFICIAY”
AND
PT……………………………..
As
“ BUYER “
REFERENCE
No : SGI-22092023
Date: SEPTEMBER 22, 2023
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7. PRICE : PRICE SHALL BE FIXED AT US$ XX (US DOLLAR XXXXXX ONLY) PER METRIC
TONNE, FOBT MOTHER VESSEL 1 S/A MUARA TABONEO ANCHORAGE, SOUTH KALIMANTAN,
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INDONESIA BASIS XX KCAL/KG (GROSS CALORIFIC VALUE AIR DRIED BASIS) FRACTIONS PRO-
RATA INCLUDING ALL RELEVANT EXPORT DOCUMENTS.
8. WEIGHT DETERMINATION :
A DRAFT SURVEY BY PT. SUCOFINDO (LTD) SHALL BE CARRIED OUT AT THE PORT OF
LOADING. THE CERTIFICATE OF DRAFT SURVEY SO DETERMINED SHALL BE FINAL
AND BINDING ON BOTH BUYER AND SELLER. COST INCURRED PURSUANT TO THIS
CLAUSE SHALL BE BORNE BY THE SELLER.
9. SAMPLING/
ANALYSIS : SAMPLING AND ANALYSIS SHALL BE CARRIED OUT AT THE PORT OF
LOADING BY PT. SUCOFINDO (LTD) IN ACCORDANCE WITH ISO
STANDARDS AND SHALL BE DIVIDED INTO:
1 (ONE) SAMPLE FOR CARGO ANALYSIS,
1 (ONE) SAMPLE TO BE SENT TO THE BUYER,
THE CERTIFICATE OF SAMPLING AND ANALYSIS ISSUED BY PT
SUCOFINDO (“COA”) SO DETERMINED SHALL BE FINAL AND BINDING ON
BOTH BUYER AND SELLER. COST INCURRED PURSUANT TO THIS
CLAUSE SHALL BE BORNE BY THE SELLER.
Bank Coordinate:
ALL BUYER’S BANK CHARGES TO BUYER’S ACCOUNT AND ALL SELLERS’ BANK CHARGES TO
SELLER’S ACCOUNT.
12. DOCUMENT
REQUIREMENT :
BENEFICIARY TO PRESENT THE BELOW FOLLOWING DOCUMENTS TO THE BUYER'S BANK
FOR BANK ACCEPTANCE BEFORE SHIPMENT:
1. SIGNED ORIGINAL COMMERCIAL INVOICE IN TRIPLICATE
2. FULL SET REPORT OF ANALISIS ISSUED BY SURVEYOR INDEPENDEN
AND AFTER SHIPMENT ADITIONAL REDACTION DOCUMENT FOLOW:
3. CERTIFICATE OF ORIGIN ISSUED BY THE AUTHORIZED LOCAL INSTITUTION OR
DEPARTMENT OF TRADE IN INDONESIA OR PT.GEOSERVICES IN ONE ORIGINAL AND TWO
COPIES.
CERTIFICATE OF SAMPLING AND ANALYSIS ISSUED BY PT. GEOSERVICES AT PORT OF
LOADING IN TRIPLICATE ORIGINAL, CERTIFICATE OF WEIGHT BY
DRAUGHT SURVEY ISSUED BY PT. GEOSERVICES/SUCOFINDO/SGS AT
PORT OF LOADING IN TRIPLICATE ORIGINAL
A) NOMINATION OF VESSEL
B) NOTICES
BUYER SHALL NOTIFY SELLER AND HIS PORT AGENTS AT LEAST
SEVEN DAYS, FORTY EIGHT HOURS AND AGAIN AT LEAST 24 HOURS
PRIOR TO THE ESTIMATED ARRIVAL TIME OF THE VESSEL AT THE
PORT OF LOADING.
D) LAYTIME
LAYTIME FOR LOADING SHALL COMMENCE 12 HOURS AFTER NOR IS
TENDERED UNLESS SOONER COMMENCED IN WHICH CASE ACTUAL
TIME USED TO COUNT.
TIME USED FOR FIRST OPENING AND LAST CLOSING HATCHES SHALL
NOT COUNT AS LAYTIME OR TIME ON DEMURRAGE.
E) LOADRATE
I). THE SELLER SHALL LOAD THE COAL ABOARD HANDY SIZE OR
HANDYMAX GEARED VESSEL AT THE AVERAGE RATE OF 8,500
METRIC TONNES PER WEATHER WORKING DAY OR PRO-RATA FOR
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II). THE SELLER SHALL LOAD THE COAL ABOARD PANAMAX GEARD
VESSEL AT THE AVERAGE RATE OF 12,000 METRIC TONNES PER
WEATHER WORKING DAY OF TWENTY-FOUR (24) CONSECUTIVE
HOURS, SUNDAY INCLUDED EXCEPT MAJOR INDONESIAN
NATIONAL HOLIDAYS.
III). THE SELLER SHALL LOAD THE COAL ABOARD PANAMAX GEARED
VESSEL WHICH HAVING MORE THAN 7 HOLDS – 7 HATCHES
MAXIMUM 9 HOLDS – 9 HATCHES AT THE AVERAGE RATE OF 10,000
METRIC TONES PER WEATHER WORKING DAY OF TWENTY-FOUR
(24) CONSECUTIVE HOURS, SUNDAY INCLUDED EXCEPT MAJOR
INDONESIAN NATIONAL HOLIDAYS
IV). THE SELLER SHALL LOAD THE COAL ABOARD PANAMAX GEARED
VESSEL AT THE AVERAGE RATE OF 10,000 METRIC TONNES PER
WEATHER WORKING DAY OR PRO-RATA FOR ANY PART OF A DAY
OF TWENTY-FOUR (24) CONSECUTIVE HOURS, SUNDAY INCLUDED
EXCEPT MAJOR INDONESIAN NATIONAL HOLIDAYS
F) STEVEDORES DAMAGE
STEVEDORES AT THE LOADING POINT APPOINTED BY THE SELLER
SHALL BE UNDER THE DIRECTION AND CONTROL OF THE MASTER OF
THE LOADING VESSEL. THE MASTER IS TO NOTIFY THE STEVEDORES
OF DAMAGE CAUSED BY STEVEDORES, IF ANY, IN WRITING WITHIN 24
(TWENTY-FOUR) HOURS AFTER OCCURRENCE OTHERWISE THE
STEVEDORES SHALL NOT BE HELD LIABLE. SUCH NOTIFIED DAMAGE
IS TO BE SETTLED DIRECTLY BETWEEN THE VESSEL OWNER AND THE
STEVEDORES BUT IN THE EVENT THAT THE VESSEL OWNER CANNOT
REASONABLY OBTAIN SETTLEMENT WITH THE STEVEDORES THE
SELLER SHALL ENDEAVOUR TO WORK OUT A SETTLEMENT BETWEEN
THE VESSEL OWNER AND THE STEVEDORES. ANY STEVEDORE
DAMAGE EFFECTING VESSEL’S SEAWORTHINESS TO BE REPAIRED
IMMEDIATELY AND ANY TIME THEREBY LOST TO COUNT AS LAYTIME
OR TIME ON DEMURRAGE
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14. TAXES : ALL TAXES, EXPORT DUTIES AND LICENCES OR LEVIES IN INDONESIA ON
THE EXPORTED COAL ARE FOR THE ACCOUNT OF THE SELLER.
15. TITLE/RISK : TITLE AND RISK TO PASS FROM SELLER TO BUYER AS THE CARGO HAS
LOADED ONBOARD MOTHER VESSEL.
16. FORCE MAJEURE : NEITHER SELLER NOR BUYER SHALL BE LIABLE IN DAMAGES OR
OTHERWISE FOR ANY FAILURE OR DELAY IN PERFORMANCE OF ANY
OBLIGATION HEREUNDER OTHER THAN OBLIGATION TO MAKE
PAYMENT, WHERE SUCH FAILURE OR DELAY IS CAUSED BY FORCE
MAJEURE, BEING ANY EVENT, OCCURRENCE OR CIRCUMSTANCE
REASONABLY BEYOND THE CONTROL OF THAT PARTY, INCLUDING
WITHOUT PREJUDICE TO THE GENERALITY OF THE FOREGOING,
FAILURE OR DELAY CAUSED BY OR RESULTING FROM ACTS OF GOD,
STRIKES, FIRES, FLOODS, WARS (WHETHER DECLARED OR
UNDECLARED), RIOTS, DESTRUCTION OF THE MATERIAL, DELAYS OF
CARRIERS DUE TO BREAKDOWN OR ADVERSE WEATHER, PERILS OF THE
SEA, EMBARGOES, ACCIDENTS, DISRUPTIONS OR BREAKDOWNS OF
PRODUCTION OR REFINERY FACILITIES, OR PREVENTION OR DELAY IN
LOADING OR DISCHARGING OF VESSELS OR BARGES DUE TO SUCH
DISRUPTIONS OR BREAKDOWNS, RESTRICTIONS IMPOSED BY ANY
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19. ASSIGNMENTS : NEITHER SELLER NOR BUYER SHALL ASSIGN THE WHOLE OR ANY PART
OF ITS RIGHTS AND OBLIGATIONS HEREUNDER DIRECTLY OR
INDIRECTLY WITHOUT THE PRIOR WRITTEN CONSENT OF THE OTHER
PARTY.
20. LIQUIDATION
CLAUSE : WITHOUT LIMITING ANY OTHER RIGHTS THAT MAY BE AVAILABLE TO
THE LIQUIDATING PARTY (AS HEREINAFTER DEFINED), IN THE EVENT
THAT A PARTY HERETO (THE “DEFAULTING PARTY”) IS THE SUBJECT OF
A BANKRUPTCY, INSOLVENCY OR OTHER SIMILAR PROCEEDING OR
FAILS TO PAY ITS DEBTS GENERALLY 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 CONTRACT THEN OUTSTANDING BETWEEN THE
PARTIES (WHETHER THE LIQUIDATING PARTY IS THE SELLER OR BUYER
THEREUNDER) BY DECLARING ANY OR ALL SUCH CONTRACTS
TERMINATED (WHEREUPON THEY SHALL BECOME AUTOMATICALLY
TERMINATED, EXCEPT FOR THE PAYMENT OBLIGATION REFERRED TO
BELOW), CALCULATING THE DIFFERENCE, IF ANY, BETWEEN THE PRICE
SPECIFIED THEREIN, AND THE MARKET PRICE FOR THE RELEVANT
COMMODITY (AS DETERMINED BY THE LIQUIDATING PARTY IN A
COMMERCIALLY REASONABLE MANNER AT A TIME OR TIMES
REASONABLY DETERMINED BY THE LIQUIDATING PARTY) AND
AGGREGATING OR NETTING SUCH MARKET DAMAGES TO A SINGLE
LIQUIDATED SETTLEMENT PAYMENT THAT WILL BE DUE AND PAYABLE
UPON DEMAND THEREFORE.
21. NOTICE :
ALL NOTICES BY THE BUYER AND SELLER, AS THE CASE MAY BE, AS
WELL AS CORRESPONDENCE IN CONNECTION WITH THIS AGREEMENT
SHALL BE DEEMED TO HAVE BEEN DULY GIVEN BY SELLER/BUYER
UPON HAVING BEEN SENT BY FACSIMILE, OR FOUR DAYS AFTER
HAVING BEEN MAILED BY REGISTERED LETTER, TO THE ADDRESSES
SET OUT BELOW:
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SELLER
BUYER
................................,LTD
ADD: ………………………………
TEL: ……………..Fax: ………………
22. OTHER
CONDITIONS : WHERE NOT IN CONFLICT WITH THE FOREGOING, INCOTERMS 2010
EDITIONS INCLUDING SUBSEQUENT AMENDMENTS AS APPLICABLE ON
THE DATE OF THIS CONTRACT TO APPLY.
23. ENTIRE
AGREEMENT : THIS CONTRACT CONTAINS THE ENTIRE AGREEMENT BETWEEN THE
PARTIES WITH RESPECT TO THE SUBJECT MATTER HEREOF AND ALL
PROPOSALS, NEGOTIATIONS AND REPRESENTATIONS WITH REFERENCE
THERETO ARE MERGED HEREIN.
SELLER BUYER
FOR AND ON BEHALF OF FOR AND ON BEHALF OF
OWNER ………………………………
A.SUGIANTO ................................................
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