Basic Principle Terms & Condition
Soft Commodity Products
UTRADE non-exclusive offer is subject to prior sale, and it is presented as first come and first serve basis. We will ONLY accept to start negotiations upon receipt of Buyer’s LOI (including full banking coordinates and authorization for soft-probe on Buyer’s account), which should be nominal, and not older than 5 banking days. The payment instrument conditions are irrevocable and non-negotiable. The contract conditions are irrevocable, unconditional and non-negotiable. No visit to yards or stock will be allowed prior to contract and Fee Payment Agreement signing.
No information regarding previous shipments or contracts will be provided. The terms of the payment instrument must be approved by the Seller and Seller’s Bank. The Buyer agrees that no product will be delivered to either any United States or United Nations sanctioned port, or those that may still be considered ASWP, but are located in current war zones or areas or conflict.
The presentation of a Full Corporate Offer (FCO) is always contingent to the presentation of the Buyer’s Letter of Intent (LOI) containing full banking coordinates and explicit authorization for soft probe. In addition the Buyer must present the Bank Comfort Letter (BCL).
The Buyer also agrees that his response to this offer constitutes the acceptance of a Non-Circumvention and Non-Disclosure Agreement, with corporate and individual responsibilities, extended to heirs, assignees, and/or successors, to be signed with our Corporation, according to standard terms suggested by the International Chamber of Commerce (I.C.C.) 500, and valid for 5 (five) years, or the length of the contract, which ever lasts longer.
Standard closing procedures, starting with the Letter of Intent (LOI) or the Irrevocable Corporate Purchase Order (ICPO), including full banking information and explicit authorization to soft probe on Buyer’s bank account and a fresh Bank Comfort Letter (BCL). The Seller responds with Full Corporate Offer (FCO) and Draft of Contract. Contract discussion and signing. All copies sent via email or fax is deemed as legally binding. The hardcopies are exchanged via express courier(s);
The Buyer sends RWA or Proof of Funds (POF) via Bank to Bank (SWIFT), and the Seller responds with Proof of Product (POP) in the same fashion. Buyer opens agreed payment instrument, as indicated above, as pre-advice (non-operative).
The Seller issues the Performance Bond (PB) of 2% of monthly shipment amount, which activates payment instrument. Shipments commence as per contract.
IMPORTANT notes regarding documentation submitted to the seller requirements
Approximately 95% of all requests we receive are rejected due to inconsistencies found on them. Therefore, to avoid frustration and save precious communication time, please make sure the following is observed:
The requests must be presented in a complete Irrevocable Corporate Purchase Order (ICPO) or Letter of Intent (LOI), on the Company’s letterhead (Corporate official stationery with full address and contact information), containing full banking information (including Account holder, bank address and officer’s contact information, SWIFT Code, account coordinates, etc.) and must include explicit authorization for soft-probe (not necessary for oil transactions);
The Bank Comfort Letter (BCL) must be provided. A valid BCL must be issued in the Bank Letterhead, signed by two (2) bank officers, including full banking coordinates, and stating clearly that the Account Holder is Ready, Willing and Able (RWA) to undergo the transaction proposed (clearly identified including the product description, total volume and monthly volume transacted), and the total amount of the contract (clearly specified);
some Sellers will agree with a RWA Letter from the Bank, which are frequently transmitted to the Seller’s Bank via SWIFT MT. Other generic letter terms, such as a simple referral letters indicating the good standing of the Account Holder in the banking institution, have no value as BCL. In case a RWA is presented, instead of BCL, the decision to send RWA bank to bank must be stated in the ICPO/LOI body text. The names, positions and contact information of the two (2) Bank officers signing the BCL/RWA must be clearly indicated;
The ICPO/LOI must be signed and stamped. The names and positions of the Company officers signing the LOI/ICPO must be clearly indicated. Otherwise, the document has no legal value;
The documents must be fresh (recent date – the most 5 business days old max.);
VERY IMPORTANT, the letterhead of the Company requesting the commodity must correspond to the Bank Account Holder on the banking information provided.
These points will help you in verifying the legitimacy of the documentation provided. If your documents DO NOT PASS these verification points, please discuss them with your Buyers and get them corrected, immediately. This will save time in our process. Otherwise, your documents will be rejected.
If you are attempting to purchase product from us using your "Exit Buyers" financial instrument, STOP right now. Any buyer that proceeds with signing a contract with us and attempts to utilize their "Exit Buyers" funds after signing the contract will be in breach of the contract and we will pursue legal remedies. Misrepresentation is FRAUD and as such it will be reported to the proper authorities and I.C.C.
When specifying your payment choice, please be clear and completely define the payment instrument as presented in the following examples:
BG 100% payable instrument :
By irrevocable, transferable and confirmed (conditional or unconditional, as per contract terms) Bank Guarantee (BG), in the total amount of the contract (100%) or in the agreed amount as per contract, issued or guaranteed by one of the top 25 world banks, 100% payable at sight, at the Seller’s Bank, against presentation of shipping and/or other contract documents.
By irrevocable, transferable and confirmed Fully Funded Stand By Letter of Credit (FFSBLC), in the total amount of the contract, issued or guaranteed by one of the top 25 world bank’s 100% payable at sight, at the Seller’s Bank, against presentation of shipping documents, as per contract.
By irrevocable, transferable and confirmed Fully Funded Stand-By Letter of Credit (FFSBLC), in the total amount of the contract (100%) or in the agreed amount, as per contract, issued or guaranteed by one of the top 25 world bank’s 100% payable at sight, at the Seller’s Bank, against presentation of shipping and/or other contract documents.
By irrevocable, transferable, and confirmed Fully Funded Revolving Documentary Letter of Credit (FFRDLC), issued or guaranteed by one of the top 25 world banks, in the amount corresponding to the monthly shipment, revolving the number of months specified in contract, payable at sight, at the Seller’s Bank, against presentation of shipping and/or other contract documents. The Seller may require a guarantee for securing the Buyer’s commitment in fulfilling the contract which can be represented by a Bank Guarantee (BG) or a Stand-By Letter of Credit (SBLC). In case no guarantee is required by the Seller, the price of the commodity is normally much higher.
By direct funds transfer via Bank T/T (KTT or SWIFT) in the amount corresponding to the monthly shipment, from one of the top 25 world banks, 100% payable at sight, at the Seller’s Bank, against presentation of shipping and/or other contract documents. The Seller may require a guarantee for securing the Buyer’s commitment in fulfilling the contract which can be represented by a Bank Guarantee (BG) or a Stand-By Letter of Credit (SBLC).
By irrevocable and conditional SWIFT payment instrument, 100% payable at sight, at the Seller’s Bank, against presentation of shipping and/or other contract documents or Commercial Invoice.
Terms such as Divisible, Fractionable, Assignable and Transmissible do NOT render the credit transferable. If such terms are used, they will bedisregarded.
Other Payment Instruments:
Please, specify completely, even if using direct deposit, Bank T/T, or other SWIFT transactions as payment instruments.
When proposing your payment instrument of choice, please understand that the Seller must have the assurance that the whole contract will be fulfilled. Therefore, anytime a partial payment is proposed, a guarantee for total contract fulfilment is mandatory.
The above terms of these payment instruments must be approved by the Seller and the Seller’s Bank.
Basic Principle Terms & Condition
1. Terms of sample procedure
2. Initial samples will be charged at the basic prices plus 100% up charge and 10% handling charge;
3. Courier charges: All samples will be dispatch through customers and consignees courier receiver account to avoid excessive couriers charges.
4. Samples Agreement after signed/stamp has to be submit to UTRADE before processing any counter sample or other expectation.
5. Customer agreed to that with all needful charges & cost for processing.
6. Terms of shipment
7. Container shipments by ocean vessel FOB or CFR to ASWP only, by B/L (bill of lading doc.)
8. By Air Cargo by AWB documents.
9. Discharge port or final destination, unloading capacity DD/WW/ are requested.
10. Terms are valid from lading port to destination port.
11. Delays of shipment occur by ocean vessel or by Airfreight company are outside of UTRADE responsibility and liability and cannot be reimbursed of charge or any objections.
12. Terms of payment
13. By T/T transfer payment 30% as depsoit, 70% before shipment against documents as B/L-AWB, or 70%
14. By Irrevocable, transferable confirmed, unconditional L/C 100% at sight by prime world bank in favor of Seller.
15. Any other terms need obligation arrangements.
16. Terms of Claim
17. UTRADE-Quality Control provide certification by UTRADE-QC-stuff under and with UTRADE-suppliers liability certify faultless and perfect condition of the goods before shipment.
18. UTRADE submit copy of QC-certification to customer before shipment.
19. Customer obliged to confirm the UTRADE QC-certification by stamp/signed return to sender immediately, before final shipment date.
20. Claims after received the goods (FCR-stamp) has to be announced within 10 work days. Claims which delay are expire and invalid.
21. In case of expire UTRADE keep rights reserved to reject any further claim of damage, Furthermore for goods which are certified as faultless.
22. Customer has the right to use another international QC company as SGS (or similar) to guarantee his production by claim refund in case of defective goods to his own cost and risk.
23. Jurisdiction / Arbitration under the laws and codes of the International Chamber of Commerce (I.C.C)
24. Court of Jurisdiction and/or a California arbitration court USA and/or the I.C.C.