6. Fosfa Contract 51 – Download as PDF File .pdf), Text File .txt) or read online. the FOSFA trades in oils and fats, oilseeds and groundnuts. Provide FOSFA Member Superintendents with detailed functions and operational Page –, , flexibility in international trade 23, 26, 27, 48, 51, 64, 67, 77, – force majeure , FOSFA 49, 51, 84, , FOSFA ;.

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At Buyers’ call during.

If the party liable to pay shall be dissatisfied with the price of such sale or purchase, or if neither of the above rights is exercised, the damages, if any, shall, failing amicable settlement, be determined by arbitration. Thereafter, if fosda contract is 5 under the terms of the Prohibition Clause or the Force Majeure Clause, this clause is not applicable. 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.

The necessary steps to overcome any difficulties arising from such remarks shall be taken by Buyers but shall not entitle Buyers to withhold or delay payment as per contract. Thereafter, all costs of whatsoever nature arising including the cost of removing the oil to separate other storage but excluding those of putting the oil FOB ruling on the 30th day of the extension shall be paid by Buyers. Should Sellers be prevented from loading the goods on board Buyers’ ship or should Buyers be prevented from taking delivery by reason of fire, strikes.

For Crude Degummed Soybean Oil: If payment is agreed to be by bank transfer, the party shall effect payment to the payee’s bank on or before the due date for payment and payment instructions shall specify a value date not later than the second bank working day after the day of payment.

6. Fosfa Contract 51 – [PDF Document]

The oil shall be of good merchantable quality of the agreed description and contractual specification at time and place of delivery or at the end of the extension period if not shipped.

Sellers invoking this clause shall advise Foafa with due despatch. Likewise, the acceptance of a string proposal by the fodfa other than the first Seller and the last Buyer shall be deemed to constitute their firm commitment to pay any price differentials and other monies due.

For the purpose of this contract the word “ship” or “ships” means any full powered primarily engine-driven ship classified not lower than A1 in Lloyds Register or of equivalent classification of a similar institute.

Neither party hereto, nor any persons claiming under either of them, shall bring any action or other legal proceedings against the other of them in respect of any such dispute until such dispute shall first fosca been heard and determined by the arbitrators, umpire or Board of Appeal as the case may bein accordance with the Rules of Arbitration and Appeal of the Federation, and it is hereby expressly agreed and declared 15 the obtaining of an Award from the arbitrators, umpire or Board of Appeal as the case may vosfashall be a condition precedent to the right of either party hereto or any person claiming under either of them to bring any action or other legal proceedings against the other of them in respect of any such dispute.


Buyers shall be entitled to an extension of the original contract delivery period not exceeding 30 days in which to provide suitable freight. Should commencement of loading be delayed by more than 72 hours after acceptance of the Notice of Readiness due to ship’s tanks not being passed by the appointed superintendent or for any other reason for fsofa Sellers are gosfa contractually responsible, any extra costs incurred by Sellers shall be for Buyers’ account.

The following deviations are permitted with the following scales of allowances to Buyers: Such settlement shall be due for payment not later than 15 consecutive days after fpsfa last day of the delivery period or, should the circle not be established before the expiry of this time, then settlement shall be due for payment not later than 7 days after the circle is established.

Any dispute arising out of this contract, including any question of law arising in connection therewith, shall be referred to arbitration in London or elsewhere if so agreed in accordance with the Rules of Arbitration and Appeal of the Federation of Oils, Seeds and Fats Associations Limited, in force at the date of this contract and of which both parties hereto shall be deemed to be cognizant.

Weight ascertained by vessel’s tank s ullage or draft survey shall be contractually irrelevant. Minimum flash point of F C. The expenses of such Bank guarantee to be for Buyers’ account. Post on Apr 2. Prior to the presentation of documents to the end Buyer any party in the string may in the event of unforeseen and serious circumstances, including the insolvency or threatened insolvency of any party in the string, fosda agreement giving immediate notice 5 such withdrawal to all other parties.

Such proposal is to be made in good time prior to commencement of loading of the nominated vessel and to contain names of Sellers and Buyers fsofa the string, their individual prices and the suggested settlement of price differentials.

If Mate’s Receipts are presented for payment, Sellers shall be entitled to instruct vessel’s agents that the Bill s of Lading may only be issued in exchange for the original Mate’s Receipt.

If required, Sellers must produce proof to justify their claim for extension or cancellation under this clause. All business days shall be deemed to end at If Buyers fail to provide such confirmation, Sellers shall have the right to place their own insurance according to the terms of this clause at the Buyers’ risk and expense. These samples are to remain sealed with superintendents at origin but to be available on demand to any receiver in the event of a contamination claim.


If, for any other reason, either party fails to fisfa the contract and is declared to be in default by the other party and default is agreed between the parties or subsequently found by the arbitrators to fosa occurred, then the day of default shall, failing amicable settlement, be decided by arbitration. Any dispute arising out of or in connection therewith shall be submitted to arbitration in accordance with the Rules of the Federation.

If loading is commenced within 30 days after the original contract delivery period, payment shall be made in accordance with the Payment Clause.

Presentation in trust or by collection is at Sellers option. Price to be fixed and futures to be given up latest 5 days prior to shipment or 2 days prior to the first notice day of option in question, whichever earlier.

6. Fosfa Contract 51

The following deviations are permitted with the following 5 to Buyers: In case of default of fsfa by either party, the other party shall be entitled to recover interest on principal sum of damages at the rate of 2. If no re-purchase or re-sale takes place and if the parties cannot agree to a closing-out price, then on application of either party, the closing-out price shall be fixed by a sole arbitrator appointed by the Federation subject to the right of appeal under the Federation’s Rules of Arbitration and Appeal.

Sellers shall receive relevant documentary instructions including splits not less than 5 working days prior to the estimated arrival of ship at loading fosva. Should such cause exist for a period of 60 days beyond the contract delivery period, the contract or any unfulfilled part thereof so affected shall be cancelled.

In any of the gosfa situations Sellers shall at their discretion have tosfa right to demand that Buyers expressly hold them harmless of any possible consequences, charge Buyers interest in case of delay in release of Bills of Lading according to the Interest Clause, or demand payment against Mate’s Receipt instead of Bill of Lading, as the case may be.

The damages awarded against the defaulter shall be limited to the difference between the contract price and the actual or estimated market price on the day of default. Parties shall pass on certificates of analysis with due despatch.

Sampling shall be done in accordance with the method ISO Payment shall not be deemed to have been effected and title to the goods shall not pass from Sellers to Buyers before receipt of cleared funds by the payee or his bank.