Contract Negotiation

A contract is an exchange of promises between two or more parties to do or refrain from doing an act which is enforceable in a court of law. It is where an unqualified offer meets a qualified acceptance and the parties reach Consensus ad Idem. The parties must have the necessary capacity to contract and the contract must not be either trifling, indeterminate, impossible or illegal. Foreign-economic activity. Execution of the contract. Logistics is the management of the flow of goods, information and other resources, including energy and people, between the point of origin and the point of consumption in order to meet the requirements of consumers (frequently, and originally, military organizations).

BILL OF LADING TO BE USED WITH CHARTER-PARTIES CODE NAME: CONGENBILL. EDITION 1994. ADOPTED BY THE BALTIC AND INTERNATIONAL MARITIME CONFERENCE (BIMCO)
Conditions of Carriage.
    1 All terms and conditions, liberties and exceptions of the Charter Party, dated as overleaf, are herewith incorporated. The Carrier shall in no case be responsible for loss of or damage to cargo arisen prior to loading and after discharging.
   2 GENERAL PARAMOUNT CLAUSE.
The Hague Rules contained in the International Convention for the Unification of certain rules relating to Bills of Lading, dated Brussels the 25th August 1924 as enacted in the country of shipment shall apply to this contract. When no such enactment is in force in the country of shipment, the corresponding legislation of the country of destination shall apply, but in respect of shipments to which no such enactments are compulsorily applicable, the terms of the said Convention shall apply.
Trades where Hague-Visby Rules apply.

Blank form of Non Radioactivity Certificate could be used for conformity quality of goods to radioactivity standards.

st-sh-xray-certificate

Blank form of Certificate of Origin to be used for corfirmity origin of goods.

st-sh-origin-certificate

Phitosanytary Certificate could be used for conformity quality of goods to phitosanitary standards.

st-sh-phito-certificate

TO WHOM IT MAY CONCERN. QUALITY/CONDITION CERTIFICATE - PAGE 1
VESSEL NAME XXXXX
SHIPPER
CONTAINERS NBRS.    
COMMODITY NET WEIGHT: 268.650 MT / GROSS WEIGHT: 268.880 MT OF YELLOW PEAS, ORIGIN-UKRAINE
B/L NUMBER                 XXXXX dated XXth SEPTEMBER
CONSIGNEE
NOTIFY
PORT OF LOADING: YUZHNY, UKRAINE
DISCHARGE PORT: PENANG, MALAYSIA
This is to certify that we, Odessa, 650, Ukraine by order and on behalf of CORP attended from 29.08.2016 to 01.09.2016 at the time and place of shipment of the above containers at  A-Z Terminal, Odessa, Ukraine  to carry out the required inspection as a GAFTA approved superintendent during the loading of consignment of Yellow Peas, Origin-Ukraine and following results were achieved:
QUALITY: Sampling was carried out throughout loading, systematically and uniformly in accordance with GAFTA 124 Rule. 
Samples were submitted for analyses at GAFTA approved laboratory Ukraine Ltd. with the following results:

Veterinary Certificate could be used for conformity quality of goods to veterinary standards.

st-sh-veto-certificate

Charter Party (Lat. charta partita, a legal paper or instrument, divided, i.e. written in duplicate so that each party retains half), a written, or partly written and partly printed, contract between a shipowner and a merchant, by which a ship is let or hired for the conveyance of goods on a specified voyage, or for a defined period. A vessel might also be chartered to carry passengers on a journey. Also, a written contract between shipowner and charterer whereby a ship is hired; all terms, conditions and exceptions are stated in the contract or incorporated by reference.
A charter party is the contract between the owner of a vessel and the charterer for the use of a vessel. The charterer takes over the vessel for either a certain amount of time (a time charter) or for a certain point-to-point voyage (a voyage charter), giving rise to these two main types of charter agreement. There is a subtype of time charter called the demise or bareboat charter.
   In a time charter, the vessel is hired for a specific amount of time. The owner still manages the vessel but the charterer givers orders for the employment of the vessel, and may sub-charter the vessel on a time charter or voyage charter basis.
The demise or bareboat charter is a subtype of time charter in which the charter takes responsibility for the crewing and maintenance of the ship during the time of the charter, assuming the legal responsibilities of the owner and is known as a disponent owner.
   In a voyage charter, the charterer hires the vessel for a single voyage, and the vessel's owner (or disponent owner) provides the master, crew, bunkers and supplies.
   US Law. (Note the US regime below can also be applied into charterparties or contracts of carriage subject to the laws of other jurisdictions.)

Proforma of Commercial Invoice in set of shipping documents to be used for payment of commodities. 
st sh invoice

Contract of Transshipment dated: 20.
Ukraine, represented by the director, acting on the basis of the Statute, hereinafter referred  to as EXECUTOR, on the one part and LTD.  represented by director, acting on the basis of the LTD, hereinafter referred to as CLIENT, on the other part have signed the present Contract on the following:

1. SUBJECT OF CONTRACT
The subject of the Contract is handling and storage without forwarding and agency of a vessel the Client’s exporting and transit grain cargoes at the terminal, situated on address: Ukraine, further referred to as  TERMINAL.

2. CLIENT’S  RIGHTS AND OBLIGATIONS
2.1. The Client is obliged to send the written instructions with indications of quality’s indexes about cargo which is being delivered  to the Executor and give all necessary information about cargo, means of transport and conditions of its delivery to the Terminal.

Execution of the contract. Logistics is the management of the flow of goods, information and other resources, including energy and people, between the point of origin and the point of consumption in order to meet the requirements of consumers (frequently, and originally, military organizations).

Logistics of flowing money during execution contracts of vessels’ shipments. (database MS Access).

Documentary logistics - Department
1 Contract of Purchase, GAFTA, FOSFA, B/G, L/C, CAD - Execution
2 Contract of Sale, GAFTA, FOSFA B/G, L/C, CAD - Execution
3 Nomination of the vessel/ Booking of containers. Execution
4.1 Containers/ Vessels data to Shippers, Execution
4.2 Containers/ Vessels data to Buyers. Execution
4.3 Containers/ Vessels data to Bank. Execution
4.4 Containers/ Vessels data to Bank’s Liberation. Execution
4.5 Containers/ Vessels data to Brokers. Execution
5 Payment to shippers

Subcategories

This section for negotiations and conclusions of contracts various commodities, Incoterms basis, standard contracts (GAFTA, FOSFA), way of payments (LC, BG, CAD) and etc., as it mentioned below in sections terms.  A contract is an exchange of promises between two or more parties to do or refrain from doing an act which is enforceable in a court of law. Contract could be present for you based on specific condition of your commodity and terms. Section is for contracts on F basis as per Incoterms 2010 such as FOB, FAS, FCA. Basic items in the short form contract are: Sellers; Buyers; Quantity; Description of goods; Quality of goods; Packing; Shipment date; Price; Payment; Other conditions.

Carriage. Documents of foreign trade. Common export shipping documents are: Commercial Invoice, Bill of lading, Certificate of Origin, Quality and Quantity certificate, Fumigation Certificate, Phytosanitary Certificate, Packing List.

We Commodity Brokers are using in trade: Bank Comfort Letter (BCL), Full Corporate Offer (FCO), IRREVOCABLE MASTER FEE PROTECTION AGREEMENT (IMFPA), Irrevocable Corporate Purchase Order (ICPO), Letter of Intend (LOI, BID), NON-CIRCUMVENTION NON-DISCLOSURE WORKING AGREEMENT (NCNDWA), Soft Corporate Offer (Offer, SCO). This Code of Practice is for the guidance of Brokers and their clients engaged Trades. It sets out the ideal procedures to follow and failure to comply with the Code does not in itself invalidate a contract or agreement between two contracting parties. 

Commodity Price. There are always three prices while financial markets are open: the bid, the ask and the last price. The bid is the highest current order to buy, and the offer is the lowest current order to sell. To buy you can post a bid, or buy from the offer price. To sell you can post an offer, or sell to the bid price. When a buyer and seller meet the trade is recorded, with the most recent transaction being called the Last price. 

The Federation of Oils, Seeds and Fats Associations (FOSFA).
FOSFA is a professional international contract issuing and arbitral body concerned exclusively with the world trade in oilseeds, oils and fats with over 850 members in 75 countries (2009). These members include producers and processors, shippers and dealers, traders, brokers and agents, superintendents, analysts, shipowners, tank storage companies and others, providing services to traders.
FOSFA has an extensive range of standard forms of contracts covering goods shipped either CIF, C&F or FOB, for soybeans, sunflowerseeds, rapeseed, and others, vegetable and marine oils and fats, refined oils and fats, from all origins worldwide, for different methods of transportation and different terms of trade. Internationally, 85% of the global trade in oils and fats is traded under FOSFA contracts.

There are Cereals (Corn, Barley, Wheat), Oilseeds (Rapeseeds, Soybeans), Soyoil and Soymeal Futures. Futures contracts are standardized except for the price, which is discovered via the supply (offers) and the demand (bids). We are have knowledge in fundamental and technical analyses of future commodities, forex markets. A futures contract is a commitment to make or take delivery of a specific quantity and quality of a given commodity at a specific delivery location and time in the future. This price discovery process occurs through an exchange’s electronic trading system or by open auction on the trading floor of a regulated commodity exchange.

THE GRAIN AND FEED TRADE ASSOCIATION. LIST OF CONTRACTS AND RULES: GAFTA 1 General Feedingstuffs Bags CIF TQ; GAFTA 2 Chinese Goods Bags Parcels CIF TQ; GAFTA 4 UK Produced Cakes/Meal; GAFTA 5 Pet Food Raw Materials Bulk/Bags CIF; GAFTA 6 Pet Food Raw Materials Bulk/Bags FOB; GAFTA 8 Locust Beans Bulk/Bags CIF TQ; GAFTA 9 Imported Feeding Meat Meal/Meat & Bone Meal Bags CIF TQ.

The purpose of Incoterms is to provide a set of international rules for the interpretation of the most commonly used trade terms in foreign trade. Thus, the uncertainties of different interpretations of such terms in different countries can be avoided or at least reduced to a considerable degree.
General Conditions for Inspection and Testing Services. The Company undertakes to provide services in accordance with general conditions and accordingly all offers or tenders of service and all resulting contracts, agreements or other arrangements will in all respects be governed by these General Conditions, unless otherwise specifically agreed in writing except only to the extent that the law of the place where such arrangements or contracts are made or carried out shall preclude any of the General Conditions and in such case the said local law shall prevail wherever, but only to the extent that, it is at variance with these General Conditions.
A payment arrangement in which an exporter instructs a bank to hand over shipping and title documents to the importer. International Terms Of Payment: Cash In Advance; Letter Of Credit; Cash Against Documents (CAD); Performance Bond; POP - Proof of Product. Terms Of Foreign Trade: RWA - Ready, Willing and Able; SOFT PROBE; SWIFT.

International wire transfers are done via the SWIFT network, and this network offers the payer three different expense regulation methods, which are called OURSHA and BEN.

- OUR (sender pays costs) means: All fees will be charged to the sender of the transfer and the receiver gets the full amount submitted by the sender. These fees include the charges levied by the sending bank and any charges applied by intermediary (correspondent) banks. 
Usually, the sending bank will levy a flat fee for third-party charges and the senders will know the cost before they transfer the money. (Normally, the receiving bank does not charge fees; you can find more information in the terms of your bank.) In practice it can still happen from time to time that some intermediary bank charges a fee and deducts it from the amount transferred. Unfortunately, the overall process is non-transparent and it is hard to figure out who charged these fees and when this happens (or even get this unpermitted deduction back), but it seems advisable to provide as detailed information for the transfer as possible (e.g. also your intermediary bank details) to reduce this risk.

- SHA (shared costs) means that charges are split between sender and beneficiary. The sender's bank will charge the sender a fee for the payment orders, while the beneficiary pays the charges of any intermediary bank (and those of his / her own bank, if there are any). The intermediary bank fees are deducted from the amount transferred.

- BEN (beneficiary pays costs) means that the sender does not pay any charges. Any intermediary banks and the sender’s bank deduct their charges directly from the amount being transferred. This means that the recipient will receive an amount that is lessened by the fees applied by all parties involved. The sender should therefore add the amount of these fees to the original transfer sum so that the recipient will receive the full payment. As a rule of thumb the fees of international transfers are around 25 - 35 Euro/USD. In this case, you can say that for fees below 500 Euro, receiving payments via PayPal or Credit Card is usually cheaper than via bank transfer.