SPA FOR STEFANIE GOLD LTD

All > CONTRACT SAMPLES > SALES AND PURCHASE AGREEMENT WRITING

1 like

Please login to like this article.

SALES AND PURCHASE AGREEMENT (SPA)

AU GOLD BARS

Transaction Code: KEN-FOB-MONT-DAVESTEF-NOV 2020

This Private Sale and Purchase Contract of Alluvial Gold Dore Bars (Gold) hereby referred to as (Agreement) is entered into, signed and executed on this Friday, 06 August 2021 by and between THE following parties:

COMPANY/SELLER
ADDRESS
REPRESENTED BY OWNER
DEALER'S LICENCE:
OWNER PASSPORT NO
MANANIG DIRECTOR
SELLER MANDATE:	DAVID
SELLERS ANDATE PASSPORT/GREEK ID	MRS. BUKONJA. STEFANOVIC JAGODA-STEFANIE
TELEPHONE	+30 697 817 040
COUNTRY
TEL/fax	+
SELLERS EMAIL
EMAIL	stefangoldanddiamondtrading@gmail.com/ stefanirealestate@gmail.com

Hereinafter referred to as the "Seller"

And

Name	Mr LARRY MONTGOMERY
Company	INSPECTACON CORPORATION
Address Telephone no	6551 ARLINGTON DR. PLEASANTON, CA 94566
Country	USA
Represented by	MR. PATRICK MAGETZ ALIGAWESA
Nationality	AMERICAN
Email

Hereinafter referred to as the "buyer"

COMMODITY SPECIFICATIONS:

1. PRICE	$42,000 GROSS / $35,000 NETT
2. PURITY	96+ % or better
3. QUALITY	23+ carats or higher
4. QUANTITY	200 KILOS
5. ASSAY.	Final Assay to be made at and by Buyer?s preferred refinery.
6. ORIGIN	West Africa/Burkina Faso / Guinea Conakry /Mali/Sierra Leone/Ghana
7. PACKING	Export package boxes or any other suitable internationally accepted packaging
8. DELIVERY	To Be Added (TBA)
9. COMMISSIONS	$7,000.00. As per IMFPA ? payable by Buyer Paymaster (simultaneously on payment to the Seller)

TESTING DESTINATION (CONSIGNE NAME):

TEST FACILITY	XXXXXXXXXXXXXXXXXXX
ADDRESS :
CONT. PERSON:
TEL.:
FAX:

DOCUMENTS:

EACH SHIPMENT AND DELIVERY SHALL BE IDENTIFIED WITH ALL ASSIGNED CONTRACT REFERENCES, CODES AND NUMBERS. SELLER MUST PROVIDE THE FOLLOWING DOCUMENTS TO BUYER:

? THREE ORIGINALS OF COMMERCIAL INVOICES IN FAVOUR OF THE BUYER

? CERTIFICATE OF ORIGIN, UGANDA ? GOVERNMENT APPROVED

? PACKING LIST / ASSAY REPORT

? CERTIFICATE OF OWNERSHIP

? CERTIFICATE OF WEIGHT

? CUSTOMS CLEARANCE CERTIFICATE AND CENTRAL BANK CERTIFICATE CONFIRMING LEGAL EXPORT AND TAXES PAID.

? EXPORT LICENSE/ PERMIT TO EXPORT

? AIRWAY BILL INCLUDING INSURANCE

? DECLARATION THAT THE ?GOLD? IS OF NON-CRIMINAL ORIGIN, UNENCUMBERED AND FREE OF ANY LIENS, IS TRANSFERABLE AND EXPORTABLE IS NOT OWNED OR SOURCED FROM OR THROUGH A PEP (POLITICALLY EXPOSED PERSON)

PROCEDURE:

1. The Seller and buyer agrees to meet with our Assay team and test the agreed 75kgs of Gold Dore to be assayed by the Buyer?s representative at the Security House or a secured location in the city of Nairobi, Kenya.

2. After testing the Gold and once it meets specifications, buyer transfer money to the

Seller?s account.

3. ,, Seller upon receipt of payment transfers ownership of the gold to the Buyer.

4. The Buyer agrees to pay $7,000.00 US dollars per KG in commission.

5. 5.The Buyer bear about transport from storage, all export documents

CLEAR TITLE:

Seller confirms and warrants that the Title of the gold to be sold herein will be free and clear of any and all Liens and encumbrances. Further the Seller states that the gold is not of terrorist and/or criminal origin.

FORCE MAJEURE:

The parties hereto shall not be held liable for any failure to perform under the "Force Majeure" clause as regulated by the International Chamber of Commerce which clauses are deemed to be incorporated herein.

ETHICS: (NON-CIRCUMVENTION and NON-DISCLOSURE).

Buyer and Seller and Carrier acknowledge that the harm to the other party would be substantial and therefore the Seller and Buyer agree to abide by the Customary International rules of non-circumvention and non-disclosure as established by the International Chamber of Commerce in Dubai for a period of five (1) years from the date hereof. Said Non-circumvention and non-disclosure shall include, but not be limited to communicating with each other's banks, refiners, representatives of Buyer with Customs, brokers or Seller's mandate. The understanding and accord of this subparagraph will survive the termination of this Agreement.

TOTAL AGREEMENT:

This Agreement supersedes any and all prior agreements and represents the entire Agreement between the parties. No changes, alterations or substitutions shall be permitted unless the same shall be notified in writing and signed by both parties.

EXECUTION OF THIS AGREEMENT:

The terms of the is Agreement shall be Confirmed and signed by the Buyer and the Seller and via facsimile or Email. Said executed facsimile or email shall be binding and initiates and concludes the legal liabilities between Buyer and Seller of this Agreement. By signing below, all parties abide by their corporate and legal responsibility, and execute this Agreement under full penalty of perjury.

1. Then decision. of the tribunal shall be final binding and no appeal shall lie there from. The tribunal shall have the power to order one party to contribute to the reasonable costs and expenses of the other party, or to pay all or any portion of the costs of the h, as the panel determines in its b. Judg6ment the award rendered by the arbitrator may be entered in any court having jurisdiction thereof, plus any and all court costs, attorney fees and any other costs or charges reasonably necessary to adjudicate the controversy.

TRANCHE SCHEDULE AS AGREED BETWEEN BUYER AND SELLER

1. FIRST TRANCHE : 200kg

2. SECOND TRANCH :

3. THIRD TRANCH :

BY SIGNING BELOW, both parties abide by their corporate and legal responsibilities to this Agreement.

Signature Seller :	Signature Buyer :
COMPANY :	COMPANY: INSPECTACON CORPORATION
Name :	REPRESENTED BY: MR PATRICK MAGETZ ALIGAWESA
PASSPORT ID:	PASSPORT ID: 48251384 USA
AS THE REPRESENTATIVE OF THE SELLER / BUYER	AS THE REPRESENTATIVE OF THE BUYER
06.08.2021	09, 11, 2020

1.1 Seller?s Bank CoDE for receipt of payment from buyer after final invoice from seller

SELLER RECEIVING BANK SWIFT MT700
BANK NAME
BANK ADDRESS
CITY/STATE/ZIP
SWIFT
BANK CODE
IBAN NUMBER
ACCOUNT NUMBER
ACCOUNT NAME
BRANCH CODE
BANK OFFICER
BANK OFFICER EMAIL
BANK TEL
DIRECT TELEPHONE
CORRESPONDENT BANK IN EUROPE
ADDRESS
SWIFT
ACCOUNT NUMBER

Buyer?s Bank Coordinates for sending of payment from buyer after final invoice from seller

BUYER?S SENDING BANK SWIFT MT700
BANK NAME
BANK ADDRESS
CITY/STATE/ZIP
SWIFT
IBAN NUMBER
ACCOUNT NUMBER
ACCOUNT NAME
BANK CODE	TBA
BRANCH
BANK OFFICER
BANK OFFICER EMAIL
BANK TEL
DIRECT TELEPHONE
CORRESPONDENT BANK IN USA
ADDRESS
SWIFT
ACCOUNT NUMBER

PASSPORT COPY OF BUYER

PASSPORT COPY OF SELLER

NON-DISCLOSURE, NON-CIRCUMVENTION & WORKING AGREEMENT

IRREVOCABLE FEE PROTECTION AGREEMENT

(I.C.C. 400/500/600)

COMMODITY	METRIC TONS DORE BARS ?
TRANSACTION AGREEMENT NO	KEN-FOB-MONT-DAVESTEF- KENY=NOV 2020
SELLER CODE	DAVESTEF10/11/20
BUYER CODE	MONTGOMERY 0022020KENYP
DATE:	06/08/2021

Whereas, the undersigned parties are mutually desirous of doing business with respect to the arranging, selling and buying and in cooperation with one another and with third parties for their mutual benefit. The documents which are going to follow this agreement like letters of intent, full corporate offers, bank comfort letters, contract terms and conditions, banking details or pre-advised payment instruments and/or any information contained in such documents will not be passed, under any circumstance, onto another intermediary or broker or trader or whatever company or private persons who are not related to this transaction or leading to end buyers or end suppliers without prior specific written consent of the party(s) providing such information.

This agreement is made and entered into on this date, shall obligate the undersigned parties and their partners, associates, employers, employees, affiliates, subsidiaries, parent companies, any nominees, representatives, successors, clients and assigns hereinafter referred to as ?The Parties? jointly severally, mutually and reciprocally for the terms and conditions expressly state and agree to gbh, and that this agreement may be referenced from time to time in any document(s), or written agreements, the terms and conditions of this agreement shall apply to any exchange of information written or oral involving financial information, personal or corporate names, contracts initiate by or involving the parties and any addition, renewal, extension, rollover amendment, renegotiations or new agreement hereinafter referred to as ?The Transaction? (Project/Transaction) or other business like:

And any other projects as agreed between the parties.

NOW, THEREFORE IT IS AGREED

AGREEMENT NOT TO DEAL WITHOUT CONSENT

The intending parties hereby legally, and irrevocably bind themselves into guarantee to each other that they shall not directly or indirectly interfere with, circumvent or attempt to circumvent, avoid, by-pass or obviate each other?s interest or the interest or relationship between ?The Parties? with procedures, SELLER / BUYER , buyers, brokers, dealers, distributors, refiners, shippers, financial instructions, technology owners or manufacturers, to change, increase or avoid directly or indirectly payments of established or to be established fees, commissions, or continuance of pre-established relationship or intervene in un-contracted relationships with manufacturers or technology owners with intermediaries entrepreneurs, legal counsel or initiate buy/sell relationship or transactional relationship that by-passes one of ?The Parties? to one another in connection with any ongoing and future transaction or project.

IMFPA - AGREEMENT TO HONOR COMMISSIONS

We the undersigned herewith referred as the SELLER / BUYER , under penalty of perjury do hereby irrevocably confirm and irrevocably accept SELLER / BUYER to pay SELLER / BUYER CONSULTANTS at the same time and in a manner and the SELLER / BUYER /under penalty of perjury do hereby irrevocably confirm and irrevocably accept to pay all SELLER / BUYER CONSULTANTS for each and every transaction of this contract up to the completion of the contract plus rollovers and extensions and in accordance with the bank details to be specified in the hard copies of this contract and any further contracts related to this transaction.

We, the SELLER / BUYER , irrevocably confirm that we will order and direct our bank or other financial institution to endorse automatic payment orders to the beneficiaries named below; furthermore, We, SELLER / BUYER , confirm that all pay orders shall automatically transfer funds as directed into each beneficiaries designated bank account on the completion of each Transaction, when the payment has been credited to the respective bank?s account of the SELLER / BUYER after closing and completion of each and every shipment of the product and designated authority authorization during the contract term plus any/or extensions and rollover of the specified contract, including and not limited to additional contracts they may entered into with the parties associated with the above transaction. For the purpose of clarity, we confirm that the closing and completion of each and every tranche shall be deemed to take place when the payment issued by the Sender has been drawn down at the counters of the receiving bank with full payment to the Receiver. Payment to all the Beneficiaries shall be made on the same day at a same time turn out basis.

We, the SELLER / BUYER , agree to provide all side beneficiaries with written evidence of the pay orders lodged with our bank together with acknowledgements of their acceptance. Furthermore, our bank shall be instructed to provide duly signed and stamped acknowledgement of this instruction as set out in the annex. Forming part of this agreement. It is understood that for the purposes of this Master Fee Protection Agreement, our bank shall be the same bank and this IMFPA acts as an integral part of it.

We the undersigned being the SELLER / BUYER named legally authorized representative as stated within the signed and legally binding main transaction, contract unconditionally agree and undertake to approve and originate all payments in USD currency to all beneficiaries named below as their rightful and payable commissions. This agreement also acts as a record confirming the commission amounts for each named beneficiary as set out below: -

COMMISSIONS ON THE TOTAL TRANSACTION FOR THE CONSULTANT PARTNER: $,7,000USD PER KG

COMMISSIONS FOR BUYERS AND SELLER / BUYER SIDE CONSULTANTS :

1) USD $ 3.500, 00 P/KG OF USD$ 3,500 P/KG PAID BY BUYER CLOSED SELLER /

2) USD $ 3.500 P/KG OF USD$ 3,500 P/KG PAID BY BUYER CLOSED BUYER /

OF THE TOTAL VALUE OF EACH TRANCHE ROLLS AND EXTENSIONS AS PER THE AGREEMENT INCLUDING FURTHER ADDITIONAL AGREEMENTS BETWEEN THE FOR PERIOD OF UP TO FIVE (5) YEARS.

SELLER MANDATE &FACILITATORS 3.500 USD PAYABLE PER KG ON EACH TRANCHE WITH ROLLS AND EXTENSIONS BY SWIFT MT103 WIRE TRANSFER

PAID BY BUYER

Bank Name	EURO BANK
Bank Address	LEOFOROS VENIZELOU ELEFTERIU 188, DAVAKI 17 672, KALLITEA GREECE
Account No.-	0026. 0044.40.0201031616 EURO /0245
Account Name	STEFANOVIC B. JAGODA &SIA & E.E.
Beneficiary Address	KALLITEA, ATHENS , GREECE
SWIFT	ERBKGRAA
IBAN Code	GR5202600440000400201031616
Bank Officer Name	Mrs. Evanggelia Trikoman
Bank Officer Phone	+30 210 957 901
Bank Officer Email	+30 210 957901
Beneficiary	B.Stefanovic Jagoda-, Fred Tikum 1000$/kg,
Payment Code	KEN -FOB-MONT- DAVESTEF-NOV 2020
Special wire instructions	PREADVICE MUST BE SENT VIA SWIFT PRIOR TO WIRE TRANSFER &EMAILa notification immediately upon each tranche transfer payment together with the transaction?s code/s to stefanealestate20@gmail.com & stefangoldanddiamondtrading@mail.com
Required message	ALL TRANSFER INSTRUCTIONS SHALL STATE: ?FUNDS ARE CLEAN AND CLEAR, OF NON-CRIMINAL ORIGIN AND ARE PAYABLE IN CASH IMMEDIATELY UPON RECEIPT BY BENEIFICIARY?S BANK.?
Date: 07.November.2020.

BUYER SIDE FACILITATORS $ 2000 USD PAYABLE PER KG ON EACH

TRANCHE R&E

PAYMASTER TOTAL OF $ 3.500 USD OF TOTAL FACE VALUE WITH ROLLS AND EXTENSIONS
BUYER SIDE GROUP INTEMEDIARY	TWO THOUSAND ($3,500) USD ON EACH TRANCHE AND PAYABLE TO PAYMASTER INCLUDING ROLLS AND EXTENSIONS
PAYMASTER NAME:	PARADISE BLUE CHARTERS PTY LTD
REPESENTED BY:	MR BURROWS
CONTACT INFORMATION:	+61 438 5505??
PASSPORT NUMBER:	PA 4017940 / PA
NATIONALITY:	AUSTRALIAN
BANK NAME:	WESTPAC BANKING CORPORATION
BANK ADDRESS:	SHOP 50A WHITSUNDAY SHOPPING CENTRE CANNONVALE 4802
SWIFT CODE:	WPACAU2S
ACCOUNT NAME:	PARADISE BLUE CHARTERS PTY LTD
ACCOUNT NO. (USD):	110373 (BSB 034-702)
ACCOUNT NO. (EUR):	110373 (BSB 034-705)
PERSONAL BANKER BUSINESS:	FRAN BROWN (franchescabrown@westpac.com.au)
BENEFICIARY GROUP:	CRAIG BRADLEY BURROWS (PA 4017940) FOR AND ON BEHALF OF PARADISE BLUE CHARTERS PTY LTD (REG NO: 126 519 622) AND / OR ASSIGNS FOR PAYMENT TO BENEFICIARIES UNDER SEPARATE FEE AGREEMENT FOR BENEFICIARYS. (MR NOBLE ) CHARLES) GROUP
BANK PH/FAX:	+61 07 49 460388
PAYMENT CODE:	AS PER PGL AFTER DOWNLOAD UNDER TRANSACTION CODE: KEN-FOB-MONT-DAVESTEF-NOV-2020
SPECIAL WIRE INSTRUCTIONS	PRE-ADVICE MUST BE SENT VIA SWIFT PRIOR TO WIRE TRANSFER, EMAIL A NOTIFICATION IMMEDIATELY UPON EACH TRANSFER PAYMENT TOGETHER WITH THE TRANSACTIONS CODE/S TO: cburrowspb@outlook.com
REQUIRED MESSAGE	ALL TRANSFER INSTRUCTIONS SHALL STATE: ?FUNDS ARE CLEAN AND CLEAR, OF NON-CRIMINAL ORIGIN AND ARE PAYABLE IN CASH IMMEDIATELY UPON RECEIPT BY THE BANK?.
DATED: 09 NOVEMBER 2020

This agreement supersedes any prior agreement between the parties.

ACCEPTED AND AGREED WITHOUT CHANGE BETWEEN THE ABOVE PARTIES:

Signature Seller :	Signature Buyer :
COMPANY:	COMPANY: INSPECTACON CORPORATION
Name :	REPRESENTED BY: MR PATRICK MAGETZ ALIGAWESA
PASSPORT ID:	PASSPORT ID: 482513847 USA
AS THE REPRESENTATIVE OF THE SELLER / BUYER	AS THE REPRESENTATIVE OF THE BUYER
06.08.2021	06.08.21