Business service agreement

BUSINESS SERVICE AGREEMENT

THIS AGREEMENT Made this _ day of XXX (month), ‘2005. SEAB GEMS LTD of P O BOX 13077 a limited liability Company registered under the Companies Ordinance and having its registered office in Arusha, Tanzania (hereinafter called “SELLER”) on one part. And XXXXXX Company . Registered under the Companies Act of XXXX (Country name) (herein after called “BUYER”) By this Contract “SELLER” agrees to supply and deliver and “BUYER” agrees to purchase and received the quantity XXXX (Tons) MT , +/- of XXXXX (Mineral Ore Type). The “SELLER” and The “BUYER” do hereby confirm and promises to honour the following terms and conditions : COMMODITY Mineral XXXXXXX as per enclosed specification. QUANTITY XXXXXX TONS OF XXXXX (Mineral Ore type) PRICE US$ XXXXX per MT FOB Dar es Salaam Port, Tanzania. CURRENCY & TERMS OF PAYMENT. All payments shall be made in United States Dollars. That upon the successful funds remittance (through wire transfer – TT,Money Gram or Western Union) by XXXXXXXXXX (Company Details), SEAB GEMS LTD will ship the XXXXXX (Mineral Ore Type) in accordance to the agreed purchase cost for the cargo. The first agreed purchase cost is USD XXXX for XXXX Tons of XXXX (Mineral Ore type). SEAB GEMS LTD requests to be paid upfront a deposit of USD XXX for the delivery of XXXX TONS OF XXXX (Mineral Ore type) in Dar es Salaam Ocean port. DESTINATION: XXXX Port, XXXXXX (Country name). INSPECTION: The quantity of the Cargo loaded into the vessel shall be determined by independent inspection agency at the Seller’s cost. The certificate certifying the quantity of the cargo by them shall be forwarded ot the Buyer as and when received and shall be final and binding to the “Seller” and “Buyer”. INSURANCE The Buyer shall obtain and pay for all Marine Insurance. SHIPMENT TERMS AND CONDITIONS: Buyers shall nominate suitable normal size vessel to perform the shipment between ____ XXX / 2005. It will take XXXX days for the Delivery of XXXX tons of XXXXX (Mineral Ore type) to Dar es salaam from our Mining Area. This is due to the documentation and Tanzania Road transport Requlations. At loading port, Vessel agent to be nominated by the Buyer’s at their own cost. That should the carCargo be lost or damaged during shipment from Tanzania to XXX Via the Ocean, The SHIPPER will be responsible for the full refund of the Whoe Gypsum cargo parcel. At Load port Notice of Readines to be tendered during office working hours from Monday to Friday. Notice of readiness is to be given after the vessel has dropped its anchor at pilot station of port. Demurrage and Dispatch rate shall be as per the Charter Party agreement and to be settled within 30 days after the date of mutual agreement on laytime calculation. Buyers depute his representative for representative for inspection of Cargo and supervision of loading activity at his own cost. Seller has to provide him a required help for ; VISA formalities at Tanzania Transportation OTHER CONTRACT CONDITIONS: This agreement will remain in force unless where either of the party by assigning reasons to the other party terminate it by availing the othe with a 3 (three) months notice. This agreement is unconditional non – transferable, assignable and divisible and shall be effective upon the commencement of the said transaction (s). That they will act with the highest standards, fairly and honestly in all of their Dealings. That this agreement had been executed voluntarily with a mutual consent of all Parties. That facsimile copies of this agreement duly assigned will constitute an original copy for any legal requirement and shall be binding upon the parties. That incase of any breach, by either of the party, reference will be made to an independent. Arbitrator to be mutually agreed and in the event of disagreement, to be appointed under the Arbitration ordinance of Tanzania. This agreement shall be governed by the laws of Tanzania. 10.) Quality Clause : Before loading the Cargo Seller has to submit the preshipment quality test report of material from any independent agency XXX days before a laycan of shipment. The provided XXXXX (Mineral Ore type) Material goes accordingly with the XXX (Mineral Ore type) report handed to Seab Gems Ltd by SEAMIC ORG ( www.seamic.org) The report has not been tempered to either increase or lower certain chemical data. The material will be supplied in XXXX sizes . For this service the BUYER will have pay more USD XXXX per 1 TON. SIGNED AND DELIVERED ) BY MR. XXXXXXXXX for ) And on behalf of the said SEAB GEMS LTD. ) ………………………. This ……..day _____, 2005. ) Before me Name …………………………………. ) Address ……………………………… ) Qualification ………………………… ) SIGNED AND DELIVERED BY MR. XXXXXXXXXX for And on behalf of XXXXXXXXXXXX (Company Name) This ………………. Of XXX (date), 2005. Before me Name …………………………….. Address ………………………… Qaulification ……………………