To screen potential buyers
and streamline the process, the sellers will need the
following information filled out. Upon completion, send to
The America Trade Site staff for review at
americatradesite@gmail.com. It will then be send to the
principals to initiate direct contact. Please note, all
information will be held in strict confidence and The
America Trade Site has an NDA with the seller.
D2-
DIESEL 3,000,000 barrels x
12months
INTERNATIONAL
CHAMBER OF COMMERCE ( I.C.C 400 / 500 / 600
)
NON-CIRCUMVENTION,
NON DISCLOSURE & WORKING
AGREEMENT
WHEREAS
the
undersigned wish to enter into this Agreement to define
certain parameters of the future legal obligations, are
bound by a duty of Confidentiality with respect to their
sources and contacts. This duty is in accordance with the
International Chamber of Commerce.
WHEREAS
the
undersigned desire to enter a working business relationship
to the mutual and common benefit of the parties hereto,
including their affiliates, subsidiaries, stockholders,
partners, co-ventures, trading partners, and other
associated organizations (hereinafter referred to as
“Affiliates”).
NOW
THEREFORE in
consideration of the mutual promises, assertions and
covenants herein and other good and valuable considerations,
the receipts of which is acknowledged hereby, the parties
hereby agree as follows:
2.
TERMS AND
CONDITIONS
3.
The
parties will not in any manner solicit, nor accept any business
in any manner from sources or their affiliates, which sources
were made available through this agreement, without the express
permission of the party who made available the source
and,
4.
The
parties will maintain complete confidentiality regarding each
other business sources and/or their Affiliates and will
disclose such business sources only to the named parties
pursuant to the express written permission of this party who
made available the source, and,
5.
That
they will not in any of the transactions the parties are
desirous of entering into and do, to the best of their
abilities assure the other that the transaction codes
established will not be affected.
6.
That
they will not disclose names, addresses, e-mail
address, telephone and tele-fax or telex numbers to any
contacts by either party to third parties and that they each
recognize such contracts as the exclusive property of the
respective parties and they will not enter into any direct
negotiations or transactions with such contracts revealed by
the other party and
7.
That
they further undertake not to enter into business transaction
with banks, investors, sources of funds or other bodies, the
names of which have been provided by one of the
8.
Parties to this
agreement, unless written permission has been obtained from the
other party (ies) to do so. For the sale of this agreement, it
does not matter whether information obtained from a natural or
a legal person. The parties also undertake not to make use of a
third party to circumvent this clause.
9.
That
in the event of circumvention of this Agreement by either
party, directly or indirectly, the circumvented party shall be
entitled to a legal monetary penalty equal to the maximum
service it should realize from such a transaction plus any and
all expenses, including but not limited to all legal costs and
expenses incurred to recover the lost
revenue.
10.
All
considerations, benefits, bonuses, participation fees and/or
commissions received as a result of the contributions of the
parties in the Agreement, relating to any and all transactions
will be allocated as mutually agreed.
11.
This
Agreement is valid for any and all transaction between the
parties herein and shall be governed by the enforceable law in
All Commonwealth Country’s,
European Union Country’s, USA Courts, or under Swiss
Law in Zurich, in the event of dispute, the arbitration laws of
states will apply.
12.
The
signing parties hereby accept such selected jurisdiction as the
exclusive venue. The duration of the Agreement shall perpetuate
for fifty (50) years from last date of
signing.
2.
AGREEMENT TO
TERMS
2.
Signatures on
this Agreement received by the way of Facsimile, Mail and/or
E-mail shall be an executed contract. Agreement enforceable and admissible
for all purposes as may be necessary under the terms of the
Agreement.
3.
All
signatories hereto acknowledge that they have read the
foregoing Agreement and by their initials and signature that
they have full and complete authority to execute the document
for and in the name of the party for which they have given
their signature.
ACCEPTED
AND AGREED WITHOUT CHANGE
# Electronic signature is valid and accepted as
hand signature #
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BUYER
Printed
Name :
Company
:
Designation
:
Address
:
Phone:
E-mail
:
Passport No.:
Date
& Time :
Sign / Seal
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SELLER
Printed
Name :
Company :
Designation:
Address :
Phone:
E-mail :
Passport No. :
Date & Time :
Sign / Seal :
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BUYER'S MANDATE /
REP.
Printed Name :
Company :
Designation :
Address :
Phone:
E-mail :
Passport No.:
Date & Time :
Sign / Seal :
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SELLER'S
MANDATE
Printed Name :
Company :
Designation :
Address
:
Phone:
E-mail :
Passport No.:
Date & Time :
Sign
/ Seal
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BUY SIDE
INTERMEDIARY
Printed Name :
Company :
Designation :
Address :
Phone:
E-mail :
Passport No.:
Date & Time :
Sign / Seal:
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Nicxxxxxxxx
Joxxxxxxxxxxxxxx
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Printed Name :
Company :
Designation :
Address
:
Phone:
E-mail :
Passport No.:
Date & Time :
Sign / Seal :
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Printed Name :
Company :
Designation :
Address
:
Phone:
E-mail :
Passport No.:
Date & Time :
Sign / Seal :
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EDT ( Electronic document transmissions
)
EDT
(Electronic document transmissions) shall be
deemed valid and enforceable in respect of any
provisions of this Contract. As
applicable, this agreement shall
be:-
1- Incorporate
U.S.
Public Law 106-229
, ‘‘Electronic Signatures in Global and
National Commerce Act’’ or such other
applicable law conforming to the UNCITRAL Model
Law on Electronic Signatures (2001) and
2- ELECTRONIC COMMERCE AGREEMENT
(
ECE/TRADE/257, Geneva
, May 2000) adopted by the United Nations
Centre for Trade Facilitation and Electronic
Business (UN/CEFACT).
3- EDT documents shall be subject to
European Community Directive No.
95/46/EEC
, as
applicable. Either Party may request hard
copy of any document that has been previously
transmitted by electronic means provided
however, that any such request shall in no
manner delay the parties from performing their
respective obligations and duties under EDT
instruments.
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Irrevocable
Master Fee Protection Agreement
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CONTRACT NO
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COMMODITY
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D2- DIESEL FUEL
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ORIGIN
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U.S.A.
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CONTRACT QTY
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3,000,000 BARRELS
PER MONTH
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CONTRACT PERIOD
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12 MONTH
with roll and extentions
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PRICE
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HOUSTON PLATT PLUS
$10.00 COMMISSION
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TERM
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SELLER’S NAME
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REPRESENTED BY
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BUYER’S NAME
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REPRESENTED BY
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We the
undersigned herewith
referred as the Buyer, under penalty of perjury do hereby
irrevocably confirm and irrevocably accept to pay all
intermediaries and fee holders at the same time and in a
manner as the seller is being paid 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.
We, the
Buyer, irrevocably
confirm that we will order and direct our bank to endorse
automatic payment orders to the beneficiaries named below;
furthermore, we, the Buyer, confirm that all pay orders
shall automatically transfer funds as directed into each
beneficiaries designated bank account within 1 (one) day after the date of
closing and completion of each and every shipment of the
product during the contract term plus any/or extensions and
rollover of the specified contract. For the purpose of
clarity, we confirm that the closing and completion of each
and every shipment shall be deemed to take place when the
letter of credit issued by the buyer has been drawn down at
the counters of the issuing bank.
We, the
Buyer, agree to
provide all 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 agreement. 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 MFPA acts as an integral part of
it.
We, the
Buyer, agree that
the terms of Purchase and Sale of the Commodity shall be as
per Contract between XXXXXXXXXX
(As Seller) and ………………………. (As Buyer). Beneficiaries named
below under Seller side beneficiary and Buyer side
beneficiary are respectively acting strictly as
their Agents / Mandates and or Intermediaries.
Agents / Mandates and or Intermediaries shall have no
liability whatsoever towards the Seller and/or Buyer (and
their respective Agents or intermediaries) on account of
default under the contract by Seller and/or Buyer. Agents
/ Mandates and or Intermediaries or their officers,
partners, directors and employees shall not be liable under
any theory of contract, strict liability, negligence,
misrepresentation or other legal equitable theory for any
loss of damage of any nature incurred by Buyer and/or Seller
and their respective Mandate/Agents or intermediaries in the
performance of the contract(s) between Buyer and Seller.
Agents / Mandates and or Intermediaries shall not be
liable to Buyer and/or Seller and their respective
Mandate/Agents or intermediaries for any special, incidental
or consequential (indirect) or contingent damages such as
but not limited to loss of profit, loss of opportunity, loss
of business, etc.
We the
undersigned being Buyer or
the Buyers 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:-
TOTAL
COMMISSION SHALL BE PAID BY THE
BUYER AS FOLLOWS:-
The amount of
$6.00 per barrel of ADD
COMMODITY delivered should be settled as herein stated to be
transferred into the account as
follows:
2.
Seller
side : $0.00 per barrel as a contract
condition.
3.
Buyer
side (buy & sell intermediaries): $10.00 per
barrel as a contract condition.
TERM & CONDITIONS
This master
fee protection agreement covers the initial contract and
shall include any renewals, extensions, rollovers, additions
or any new or transfer contract any how originated from this
transaction because of the above intermediaries or changing
codes of the initial contract entered into between the buyer
and seller.
This master fee protection agreement and
any subsequently issued pay orders shall be assignable,
transferable and divisible and shall not be amended without
the express written and notarized consent of the receiving
beneficiary. All parties agree neither to
circumvent nor
to attempt circumvent either for the transaction of this
current contract or in the future for a period of five (5)
years from the date of the execution of this fee protection
agreement. This document binds all parties, their employees,
associates, transferees and assignees or
designees.
All faxed
and/or e-mailed signatures shall be considered as original
signatures for the purpose of binding all parties to this
agreement. This document may be signed and in any number of
counterparts all of which shall be taken together and shall
constitute as being one and the same
instrument.
Any party may
enter into this document and the agreement constituted
thereby by signing any counterpart any time, date or period
mentioned in any provision of this document shall only be
amended by agreement in writing and signed off by all
parties concerned.
Furthermore,
we agree that any and all commissions due shall be paid to
the beneficiary as a result of any extension or rolls of the
contract and that we shall effect all necessary
documentation with our bank without any undue delays to
ensure such commissions and paid within the terms of the
agreement.
PARTIAL
INVALIDITY:
The illegality, invalidity and
non-enforceable provision of this document under the laws of
any jurisdiction shall not affect its illegality, validity
or enforceability under the law of any other jurisdiction or
provision.
GOVERNING LAW
AND JURISDICTION:
This document
shall be governed and construed in accordance with current
English or I.C.C
400/500/600 signed between partners NCND
laws.
ARBITRATION:
All parties
agree to refer any disputes between the parties arising out
of or in connection with this agreement including any
questions regarding its existence, validity or termination
to arbitration rules of the international arbitration centre
(I.A.C). The appointed arbitrator shall hold the proceedings
in any country chosen by the parties and the rules of the
IAC shall apply.
This document
is signed and accepted by parties named below as to be
included in the main contract.
Accepted
& Agreed by Buyer and Beneficiaries named
below:-
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PARTICULAR’S
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Buyer
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Company Name /
Address
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Represented by
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Title
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Passport No
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Nationality
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Signature
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Date / Seal
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Bank Name
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Bank Address
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Account No.
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Account Name
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SWIFT
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Bank Officer
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Bank Telephone /Fax
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GROUP
A:BUYER
MANDATE # 1
TOTAL
COMMISSION FOR BUYER SIDE: GROUP B USD$3.34 x
3,000,000 = USD$
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Beneficiary Name /
Address
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Represented by
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Title
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Passport Number
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Nationality
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Signature /Seal /
Date
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Bank Name
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Bank Address
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Account No.
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Account Name
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IBAN
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SWIFT
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Bank Officer
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Bank Telephone /Fax
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GROUP
B:BUYER
SIDE BENEFICIARY # 2
(PAYMASTER)
TOTAL
COMMISSION FOR BUYER SIDE: GROUP 2 USD$3.33 x 3,000,000
BBLS = USD$_
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The Law Offices of James
xxxxxxxxxxxx
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Paymaster’s
Telephone/Fax
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The Law Offices of James
xxxxxxxxx
pc escrowee for client’s
funds
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SPECIAL WIRE
INSTRUCTIONS
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PREADVICE MUST BE SENT VIA SWIFT PRIOR TO
WIRE TRANSFER
&
EMAIL a notification immediately
upon each tranche transfer payment together
with the transactions code/s
to:
realdealcommodities@gmail.com
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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.”
remitter
is known to us. This is done with
full banking responsibility and we are
satisfied as to the source of the funds
sent to us.
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GROUP
C:BUYER
INTERMEDIARY # 3
TOTAL
COMMISSION FOR BUYER SIDE: GROUP C USD$3.33 x
3,000,000 = USD$
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Beneficiary Name/
Address
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Represented
By
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Title
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Passport
Number
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Nationality
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Sign
/ Seal / Date
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Bank
Name
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Bank
Address
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Account
No.
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Account
Name
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SWIFT
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Bank
Officer
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Bank Telephone
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Bank
Fax
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:
ALL BANK CHARGES SHOULD BE BORNE BY ACCOUNT
BENEFICIARY
NOTARY
PUBLIC
ON THIS
……..day of XXXXXXXX 2009.
BEFORE ME, THE
UNDERSIGNED NOTARY PUBLIC, PERSONALLY APPEARED MR XXXXX HOLDING PASSPORT NUMBER
____________ PRESIDENT OF
______________________________________________________________,
TO ME KNOWN TO BE THE INDIVIDUAL DESCRIBED IN AND WHO
EXECUTED THE FOREGOING INSTRUMENT, AND ACKNOWLEDGED THAT HE
EXECUTED THE SAME AS HIS FREE ACT AND
DEED
MY COMMISSION EXPIRES:
_______________________
NOTARY PUBLIC
[SEAL]
Bank
Endorsement
This
irrevocable payment order has been lodged with us and will
be executed as per instructions above.
______________________________
Bank Officer
Name:
Title:
Pin
Number:
Bank
Name:
Seal:
Date:
XXXXXX2009
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