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1、- 1 -SALES/PURCHASE CONTRACT OF GASOILSELLERS REF:7614 (P-G16) BUYERS REF: DATE: FEB 16, 2011THIS CONTRACT IS MADE BY AND BETWEEN THE BUYER AND THE SELLER. THE BUYER AGREES TO BUY AND THE SELLER AGREES TO SELL THE UNDER MENTIONED COMMODITY ACCORDING TO THE TERMS AND CONDITIONS AS STIPULATED BELOW:1)
2、THE SELLERCHINA (HONG KONG) CORPORATION LTD. ADDRESS:. TEL: +86 10 FAX: +86 10 2)THE BUYERPTE LTD. ADDRESS: TEL: + FAX: + TELEX: 3)COMMODITY50PPM MAX SULFUR CONTENT GASOIL4)QUANTITY250,000 BBLS MAX, WITH MINUS FIVE PERCENT AT BUYERS OPTION5)DELIVERY DELIVERY SHALL BE FOB AT ONE SAFE PORT OF JAPAN NO
3、MINATED BY SELLER DURING MARCH 5-15, 2006. ITS POSSIBLE FOR SELLER TO APPOINT NEGISHI AS THE LOADPORT.6)NOMINATION PROCEDUREBUYER SHALL NOMINATE FIVE (5) DAY DATE RANGE WITHIN THE ELEVEN (11) DAY DATE RANGE AT LATEST TEN (10) DAYS PRIOR TO THE FIRST DAY OF THE FIVE (5) DAY LIFTING RANGE SUBJECT TO S
4、ELLERS ACCEPTANCE， SUCH ACCEPTANCE SHALL NOT BE UNREASONABLY WITHHOLD. AFTER RECEIPT OF THE FIVE-DAY NOMINATION, SELLER SHALL ADVISE BUYER OF A LOADING PORT ON THE NEXT JAPANESE WORKING DAY. BUYER SHALL NARROW SUCH FIVE (5) DAY DATE RANGE DOWN TO THREE (3) DAY DATE RANGE WITHIN THE FIVE (5) DAY DATE
5、 RANGE AT LATEST SEVEN (7) DAYS PRIOR TO THE FIRST DAY OF THE THREE (3) DAY DATE RANGE.- 2 -7)VESSELPERFORMING VESSEL FOR LOADING PRODUCTS SHALL BE SUBJECT TO TERMINALS ACCEPTANCE. BUT TERMINAL SHALL NOT REJECT ANY SUCH NOMINATION UNREASONABLY.BUYER SHALL NOMINATE VESSEL NO LATER THAN THE TIMING OF
6、DECLARATION OF FIVE DAYS DATE RANGE.8)PRICETHE FOB ONE SAFE PORT OF JAPAN PRICE IN US DOLLARS PER BARREL SHALL BE THE AVERAGE OF ALL MEAN QUOTATIONS FOR GASOIL REG 0.5% AS PUBLISHED BY PLATTS ASIA PACIFIC MARKETSCAN UNDER THE HEADING SINGAPORE OF MARCH (FROM 01ST UP TO 31ST INCLUSIVE) 2006, PLUS A F
7、IXED PREMIUM OF US DOLLARS $4.00 (FOUR DOLLARS ONLY) PER BARREL.THE UNIT PRICE SHALL BE CALCULATED / ROUNDED TO 3 DECIMAL PLACES WITH THE THIRD DECIMAL PLACE TO BE INCREASED TO THE NEXT DIGIT WHENEVER THE FOURTH DECIMAL PLACE IS FIVE OR GREATER THAN FIVE.INVOICE QUANTITY SHALL BE BASED ON BILL OF LA
8、DING QUANTITY.9) QUALITYGASOIL 0.005% =LIMITITEMSUNITMINMAXTEST METHOD1.APPEARANCE CLEAN THE SELLERS BANK CHARGES SHALL BE FOR THE SELLERS ACCOUNT.- 4 -IN THE EVENT THAT PAYMENT FALLS DUE ON A SATURDAY OR ANY OTHER BANK HOLIDAY OTHER THAN MONDAY IN NEW YORK, PAYMENT SHALL BE MADE ON LAST PRECEDING B
9、ANKING DAY IN NEW YORK.IN THE EVENT THAT PAYMENT FALLS DUE ON A SUNDAY OR MONDAY BANK HOLIDAY IN NEW YORK, PAYMENT SHALL BE MADE ON THE FIRST FOLLOWING BANKING DAY IN NEW YORK. 12) LAYTIMELAYTIME SHALL BE 36 HOURS SHINC FOR EACH SHIPMENT, STARTING 6 HOURS AFTER NOR TENDERED OR WHEN VESSEL IS ALL FAS
10、T ALONGSIDE BERTH WHICHEVER IS EARLIER AS PER ASBATANKVOY CHARTER PARTY. LAYTIME SHALL CEASE ON DISCONNECTION OF HOSES ON COMPLETION OF LOADING CARGO.TIME CONSUMED WAITING PRATIQUE SHALL NOT COUNT AS LAYTIME.FOR EACH SHIPMENT, A LAYTIME EXTENTION WILL BE REQUIRED BY MUTUAL AGREEMENT, WHEN CARGO SIZE
11、 EXCESSES THE CONTRACTUAL QUANTITY. IF THE VESSEL ARRIVES BEFORE THE AGREED ARRIVAL DATE RANGE, LAYTIME SHALL COMMENCE AT 0600 HOURS LOCAL TIME OF THE FIRST DAY OF THE AGREED 3-DAY LOADING RANGE, OR THE COMMENCEMENT OF LOADING WHICHEVER OCCURS FIRST.IN THE EVENT VESSELS ARRIVING LOADING PORT IS DELA
12、YED BEYOND THE MUTUALLY ACCEPTED LOADING RANGE, THROUGH NO FAULT OF SELLER, LAYTIME SHALL START UPON THE COMMENCEMENT OF LOADING.IN THE CASE VESSEL UNABLE TO REACH LOADING BERTH ON ARRIVAL DUE TO PORT AUTHORITY RESTRICTIONS ON SHIFTING AFTER 1700 HOUR, THEN THE WAITING TIME FOR PILOT OF SHIFTING UNT
13、IL 0600 HOURS NEXT MORNING OR UNTIL VESSEL IS ALL FAST, WHICHEVER IS EARLIER, SHALL NOT COUNT AS USED LAYTIME UNLESS ALREADY ON DEMURRAGE.“CONOCO WEATHER CLAUSE“ SHALL APPLY.13) DEMURRAGEFOR THE VOYAGE CHARTERED VESSEL, DEMURRAGE, IF ANY, SHALL BE AT THE RATE SPECIFIED IN THE CHARTER PARTY.FOR TIME
14、CHARTERED VESSEL, DEMURRAGE SHALL BE WORLDSCALE, AS MODIFIED BY THE AVERAGE FREIGHT RATE ASSESSMENT (AFRA), FOR THE MONTH IN WHICH LOADING IS COMPLETED FOR VESSEL OF THE SIZE AND CLASS OF BUYERS.NO CLAIM FOR DEMURRAGE SHALL BE ENTERTAINED IF TELEX CLAIM IS NOT RECEIVED BY BUYER WITHIN 60 DAYS FROM T
15、HE DATE VESSEL COMPLETED LOADING AND THE FULLY DOCUMENTED CLAIM IS NOT RECEIVED BY BUYER WITHIN 90 DAYS FROM THE DATE VESSEL COMPLETED LOADING.- 5 -14)TITLE AND RISKS THE TITLE AND RISKS OF THE COMMODITY UNDER THIS CONTRACT SHALL BE PASSED TO THE BUYER WHEN THE COMMODITY PASSES THE FLANGES CONNECTIN
16、G THE LOADING ARMS AND RECEIVING TANKERS MANIFOLDS AT THE LOAD PORT. 15) FORCE MAJEUREIF EITHER PARTY IS RENDERED UNABLE BY FORCE MAJEURE TO PERFORM OR COMPLY FULLY OR IN PART WITH ANY OBLIGATIONS OR CONDITION OF THIS CONTRACT, EXCEPT IN RELATION TO OBLIGATIONS TO MAKE PAYMENTS DUE UNDER THIS AGREEMENT, UPON SUCH PARTYS GIVING WRITTEN NOTICE TO THE OTHER PARTY OF SUCH FORCE
