Arbitration

Arbitration and governing law.
   Сontract is made upon the terms, conditions and rules of contract GAFTA 49 and arbitration rules GAFTA 125 in force at the date of this contract, of which the parties admit that they have knowledge and notice, and the details above given shall be taken as having been written into such contract form in the appropriate place. Any special terms and conditions contained herein and/or attached hereto shall be treated as if written on such contract form and shall prevail in so far as they may be inconsistent with the printed clauses of such contract form.
   Any dispute arising out of or under this Contract shall be referred to arbitration in London and shall be dealt with in accordance with the arbitration rules under English law and pursuant to GAFTA 125 rules mentioned above.

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In accordance with a contract #
Seller:
Buyer:
Period of delivery:
Quantity:

Seller executed the obligations after the giving of commodity in port of loading and to the grant of necessary documents, to what testifies:
- Invoice № for the amount of  USD
- FCR - # dated ____ for the tonnage ____ MT.

Buyer partly paid as per invoice on ____ to the amount of ______ USD and on ______ to the amount of _________ USD
Coming from foregoing the Buyer did not execute the obligations in obedience to the terms of contract, namely:
-    100% contract value did not pay full amount within 3 days from the day of presentation of documents on _____. Delay of payment through fault of Customer from _____ till _______.
-    did not pay fully charges for the transactions.
-    did not present vessel for loading in contractual period of ________
-    Did not inquiry for the extension of delivery as per FOSFA 53 point 12. EXTENSION: Buyers shall be entitled to an extension of the original contract delivery period not exceeding 15 days in which to provide suitable freight. Notice of such extension shall be given to Sellers as soon as possible but not later than the last business day of the original contract delivery period. {jcomments on}

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First letter.

Our company as charterer executed all conditions of the agreement of chartering and your claims as a carrier not reasonable and not subject to satisfaction on next reasons:

Following a decision: CABINET of MINISTERS of UKRAINE, DECISION, From May, 12 in 2007 № 705. An ORDER of realization of review, inspection, analysis, fumigation and inspection (registration of phitosanitary and quarantine certificates) of adjusting objects is in the field of quarantine of plants.

MINISTRY of AGRARIAN POLICY of UKRAINE. ORDER. on Augusts, 23 in 2005 N 414
About claim of the phitosanitary rules of import from abroad, transportation within the limits of country, transit, export, to the order of processing and realization of subquarantine materials
In accordance with the article of a 11 Law of Ukraine About the quarantine of plants.
In obedience to Statute about Central scientifically - the experienced quarantine laboratory, zonal quarantine laboratories, regional and municipal quarantine laboratories" ratified by an order from 18.05.10р. №97 (document attached) point to a 9.10 regulating duration of realization of analysis in the flow of 3 days.

2 Samples, which presented to the laboratory for examination, must be selected, directly, by a government inspector from the quarantine of plants in accordance with DSTU3355-96 (document attached).

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Dear Visitors.

This letter of protest sent to buyer without prejudges due to non payment/ delay for goods withing 21 days and buyer's request to make correction and documnets which against contract.

Dear Mr. ,
Ref: CONTRACT No.,  Dated,  
Seller:, Buyer:  

mt +/- 10% by containers; Basis: CFR; Period of delivery: Bill of lading dated: 
The above contract was prepared by broker, agreed by the parties and the contract signed. Buyer paid prepayment 10% from amount of the contract. Seller has fulfilling all the conditions of the contract as well as respecting contracts GAFTA 88. Buyer had access to the cargo at assistance of the broker and brokers expenses (service accommodation, meeting, travelling to staffing places) during loading of the container in place stuffing of containers, labelling verification (buyer's label attached to each bag) and sampling .

Draft of the Bill of Lading and other shipping documents have been send to buyer in time and buyer confirm to issue BL as per draft with HS code 100790 (which apply as ordinary sorghum) on 02/12/201_.

Based on draft of shipping documents Seller issued original. Seller sent and Buyer received of scanned copy of shipping documents on 11/12/201_. Buyer have to pay within 2 working days following contract singed: Balance payment within 2 banking days against presentation of original shipping documents to Buyer by fax or scanned original copy by e-mail.
Buyer confirmed payment over Viber with value date on 16/12/201_ but not paid in time due to Buyer’s limit in bank expired on 12/12/201_ (as per information from buyer via Viber). Against payment buyer send correction on 18/12/201_ for Bill of Lading to change HS code 12092980 (which apply as inoculum sorghum seeds) instead of HS code HS code 100790 (which apply as ordinary sorghum) without confirmation to pay additional expenses for reissue BL. Against payment buyer send correction for Phitosanitary certificate on 23/12/201_ with request to issue one  certificate for total quantity. {jcomments on}