LC点价合同 定价合同

Purchase Contract

Contract Number: ********

Contract Date: **********

*******公司名************************

*********地址*********************

(The “Seller”)

*******公司名************************

*********地址*********************

(The “Buyer”)

We confirm having purchased from you according to the Rules and Regulations of the London Metal Exchange as follows:

Material:

Any LME Registered nickel cathodes

Origin: At seller’s option

Brand:

Any Brand

Quantity:

1400 MTS (+/-2%)

Delivery:

In any LME approved warehouse in seller’s option

Delivery Period:

No later than 25 Apr., 2016

Premium

USD 115.00/MT

Price

The price per metric ton shall be the LME Cash Settlement Price or Three Month Price nominated by Buyer during Quotational Period (Q/P) adjusted to prompt date 18th June, 2016 plus premium

For unpriced material: should the LME market cash price, once adjusted to the quotational period date, plus premium and interest(if any) multiplied by the quantity equal the provisional payment amount or Letter of Credit value plus any deposit received from Buyer, Buyer shall immediately place cash deposit to Seller. If Buyer fails to do so in time, then the Seller shall have the right to price the contractual tonnage at any time. The Seller will, at its own discretion, price the contractual tonnage at best and as close as possible to the price equivalent to the provisional payment amount plus any deposit received by Seller. QUOTATIONAL PERIOD

From the date of Seller’s receipt of fully workable Letter of Credit or 10% Cash Deposit f rom Buyer to be mutually agreed 16th June, 2016

Should Buyer not have price fixed the contractual tonnage prior by 17:30 Beijing time on 16th June, 2016then any remaining un-priced quantity shall be automatically price fixed basis the LME official nickel cash settlement of that day.

Payment:

Net cash in CNY/USD shall be paid by an irrevocable Letter of Credit (L/C) payable at *** days after L/C issuing date which is in the form and substance fully acceptable to Seller from an acceptable bank. L/C should allow for spelling and grammatical mistakes. Should there be any amendment to the L/C due to

such mistake, Buyer shall bear all charges for the amendment. Should the L/C be rejected due to such mistakes, Buyer shall bear all the costs.

Documents required for payment：

-Seller’s Signed Commercial Invoice

-Original warehouse warrant/receipt/certificate

-Seller’s Packing List

In case the payment is made in RMB, exchange rate should be by buyer.

All bank charges in Buyer’s bank shall be for the Buyer’s account. All bank charges in Seller’s bank shall be for the Seller’s account.

Weight and Quality:

Warehouse weights to govern.

Quality Dispute

Quality claims, if any, shall be noticed to seller within 30 days after buyer’s receipt of the cargo. The Buyer lodge the claim with survey report issued by the Inspection Organization agreed upon by both parties.

In case the weight is found not in conformity with warehouse weight differ by more than 0.2%,buyer shall be entitled to lodge claim with seller on the basis of the survey report issued by the inspection organization agreed upon by both parties within 30 business days after buyer’s receipt of the cargo.

Any stamp or written marks on the original Bill of Lading which caused by Seller’s bank, Buyer has the right to ask Seller to compensate USD50.00/MT.

Titles and Incoterms

The Seller shall retain title and ownership of the material until the Seller received full payment for the cargo in accordance with the terms and conditions of this contract. The risk shall pass from Seller to Buyer in accordance with INCOTERMS 2010

Choice of Law and Arbitration

This Agreement shall be governed by the laws of Hong Kong. All disputes arising out of or in connection with this Agreement shall be finally settled under the Rules of Arbitration of the International Chamber of Commerce by one or more arbitrators appointed in accordance with the said Rules. The place of arbitration shall be Hong Kong and the language of the arbitration proceeding shall be English.

Others

Any change and/or amendment shall be made in writing and subject to approval by both Seller and Buyer. This contract could be signed by fax and facsimile contracts have same equal validity with original contracts.

Kindly acknowledge your acceptance by signing and returning the attached copy.

The Seller The Buyer

************************************************************

By: By:

Name: Name:

Date: Date: