Luhihi Mining Minerals Group Sarl is the world's leading Cobalt Manufacturers in Congo. As a well-known brand, we are committed to providing a wide variety of Cobalt. The entire Cobalt range is manufactured by experts using excellent quality materials. Offer it with us at the lowest price range. Cobalt is known as a hard ferromagnetic, silvery-white, hard, and lustrous element. We comply with international standards and cater to the diverse requirements of our clients. We use advanced technology and comply with international quality standards and specifications. You can buy this range at a nominal price.

As one of the trusted Cobalt Mining Company in Congo, Cobalt is basically used in electroplating because of its presence, hardness, and resistance to oxidation. We have been used for centuries to make rich blues in glass, glazes, ceramics, china, pottery, tiles, and enamel. Cobalt shall otherwise be free from deleterious impurities harmful to the smelting and refining process and shall be able to withstand the voyage, upon all customary forms of transportation, to the destination intended by the buyer. We also offer Copper Cathode at best price range.

Our name is noted among the trusted Cobalt Exporters and Suppliers in Congo. The Cobalt Hydroxide shall conform to all local regulations and the imo/bc code of safe practice for solid bulk cargo. seller shall promptly present valid tml, fmp and moisture certificate if so requested by the buyer. You can call and share all the requirements related to Gold Bars you have, our experts would be happy to help.

Procedure:

SALES AND PURCHASE AGREEMENT FOR COBALT

Whereas: The Seller And The Buyer As A Group Hereinafter Referred To As "Parties"; And

Whereas: the seller with full corporate authority to sell, makes an irrevocable firm commitment under penalty of perjury to sell and deliver the commodity mentioned in this sales & purchase agreement. the seller hereby certifies and warrants that he can fulfill the requirements of this agreement and provide the product herein mentioned in a timely manner and under the terms specified and agreed upon by the signatories hereinafter;

AND

Whereas: the buyer with full corporate authority to buy makes an irrevocable firm commitment under penalty of perjury to purchase and pay for the commodity mentioned in this sales & purchase agreement. the buyer hereby certifies and warrants that he can fulfill the requirements of this agreement and provide acceptance financial insteruments payment for the commodity herein mentioned in a timely manner and under the terms specified and agreed upon by the signatories hereinafter.

WHEREAS:

The Parties Named Above Have Concluded This Sales & Purchase Agreement Of Sale As Follows And Agree To All Terms As Stated. The Buyer Agrees And Makes An Irrevocable Commitment To Purchase Cobalt Hydroxide , And The Seller Certifies That He Can Fulfill The Requirements Of This Agreement And Provide The Cobalt  Hydroxide As Mentioned Herein As Per The Delivery Schedule Specified In This Agreement. The Buyer And The Seller Hereby Agree To Honor This Agreement Under The Following Terms And Conditions:

Definitions

• 1 Ounce Means:1 Troy Ounce Of 31.1035 Grams;
• 1 Ton Means: 1 Metric Ton Of 1,000 Kilograms Or 2204.62 Lbs.
• 1 Unit Means:1% Of The Dry Net Weight
• Affiliates Means: In Relation To Any Company Or Corporation, A Subsidiary Or Holding Company Of That Company Or Corporation Or Any Other Subsidiary Of That Company Or Corporation Or Of That Holding Company;
• Banking Day And Business:  Any Day Except A Saturday Or Sunday On Which Banks In The City Of Kinshasa  
• Day Means: Tanzanina, Is Generally Open For The Conduct Of Business;
• Holding Comany Means:In Relation To A Company Or Corporation, Any Other Company Or Corporation In Respect Of Which It Is A Subsidiary
• Imo/Bc Code Means:The International Maritime Organization Code Of Safe Practice For Solid Bulk Cargoes Prevailing At The Time Of Delivery
• Incoterms 2010 Means:The 2010 Edition Of The Standard Trade Definitions Published By The International Chamber Of Commerce Icc
• Lme Measns: London Metal Exchange;

MONTH of SCHEDULED

• SHIPMENT(MOSS) MEANS: in respect of any shipment of the concentrate, the calendar month in which shipment has been scheduled as per the clause SHIPMENT or as otherwise agreed in writing between the parties
• SUBSIDIARY MENAS: in relation to any company or corporation, a company or corporation which is controlled, directly or indirectly, by the first mentioned company or corporation; more than half the issued share capital of which is beneficially owned, directly or indirectly by the first mentioned company or corporation; or which is a Subsidiary of another Subsidiary of the first mentioned company or corporation; and for this purpose, a company or corporation shall be treated as being controlled by another if that other company or corporation is able to direct its affairs and/or to control the composition of its board of directors or equivalent body
• US$ MEANS: the lawful currency of the United States of America;
• VALID TML MEANS: Transportable Moisture Limit valid for the current shipment;
• VALID FMP MEANS: Flow Moisture Point valid for the current shipment.

ARTICLE 01 NAME OF COMMODITY& QUALITY: 

Cobalt Hydroxide Min. Co 28 % Grade, Being Supplied, Hereinafter Referred To As "Commodity", Shall Meet The Standard Specifications According Toannex 1. And Will Be Revisedas Assaying Report Of Specifications Comeavialable.

In The Event The Actual Assays Deviate From The Contractual Assays Both Parties Agree To Discuss In Good Faith To Reach In Line With Prevailing Market Terms.

Cobalt Shall Otherwise Be Free From Deletrious Impurities Harmful To The Smelting And Refining Process And Shall Be Able To Withstand The Voyage, Upon All Customary Forms Of Transportation, To The Destination Intended By The Buyer. The Cobalt Hydroxide Shall Conform To All Local Requlations And The Imo/Bc Code Of Safe Practice For Solid Bulk Cargos. Seller Shall Promptly Present Valid Tml, Fmp And Moisture Certificate If So Requested By Buyer.

ARTICLE 02 QUANTITY:

A) The Seller Agrees To Sell And The Buyer Agrees To Purchase The 1

MT (+/-10%) TOLERANCE

MT ex WAREHOUSE NDOLA, Tanzanina

MT ex WAREHOUSE KITWE, Tanzanina

MT ex PRIVATE WAREHOUSE NDOLA

B)  Buyer Will Take An Initial Trial Order Of 2000 Tons; Subsequent Increased 10000 Tons/At Each 2 Months Upon Successful Completion Of The Initial Order.

Article 03, Packing/Marking:

The Commodity From The Origin To Discharging Ports Will Packed In 1 Ton Big Bag.

Article 04, Country Of Origin:

Republic Of Tanzanina

Article 05, Term Of Delivery:  

Ex Work Kitwe Warehouse , Tanzanina

Ex Work Ndola  Warehouse, Tanzanina

The Seller Warrants And Represents That The Cobalt Hydroxide  Is Free Of Any Private-Law Of Public –Low Rights Of Third Parties, Which May Affect The Ownership Of The Product. In Particular, The Ore Is Not Subject To Ownership By Way Of Security Or Reservation Of Ownership, Encumbrances, Hypothecations Or Other Security Rights Of Third Parties In Accordance With The Law Respectively Applicable To The Cobalt Ore. Moreover, The Ore Is Not Subject To Agreement Or Obligations Of Third Parties, Which May Have A Similar Effect To The Cobalt Hydroxide.

The Cobalt Hydroxide Delivered By The Seller Is In Accordance With The Respectively Valid Requirements Of Environmental Law, Which Are Applicable To The Buyer.

Article 6; Partial Shipments:

Not Allowed

Article 07, Commodity Price:

The Price Per Metric Tonne Of Cobalt Hydroxide Will Be:

Usd$ 4,600.00   Per Tone

Quotation Period: One Month After Shipment (M+1) The Chosen Quotational Period Shall Apply For The Entire Agreement; Upon Seller Agreement, The Chosen Quotational Period Could Change Once During Theagreement

Article 08, Terms Of Payment :

Via Bank Transfer Against Documents 1.-100 % Commercial Value , Quality Certificates Issued By Sgs  , Change Ownership Warehouse

The Commercial Invoice Shall Be Based On The Expected Dry Metric Tons To Be Shipped And Technical Assays Made By The Seller. The Buyer Will Ensure That The Final Inspection Process Starts Duly After Contract.

Bank Charges, If Any, Levied By The Buyer Bank Or Due To Buyer Fault In Respect Of Payments Or In The Country Of Buyershall Be For The Account Of The Buyer. Bank Charges, If Any, Levied By The Sellers Bank Or Due To Sellers Fault In Respect Of Payments Hereunder Or In The Country Of The Seller Shall Be For The Account Of The Seller.

The Language Of The Notices, Proforma Invoice, Commercial Invoice, Certificates Will Be In English Spelling And Typographical Errors And Differences Of Such Nature Between Bank Issued And Beneficiary Issued Documents Shall Not Be Deemed Discrepancies Provided That The Intent Of The Writer Is Clear From The Context And In Such Case Only Ucp600 Regulations Shall Apply At Any Time And Shall Be Corrected.

Article 08.1 , Terms And Working Procedures Of The Contract

• Buyer and Seller sign the contract on each page.
• Same day, Seller issues pro forma invoice and send to the Buyer according to the stocks in each warehouse.
• Buyer issues proof of funds (POF) or blocked funds to be confirmed by seller’s bank.
• Buyer appoints SGS Inspection Company for weighing and sampling purposes.
• Once quality and quantity certificates are available, Seller submit to his bank the original documents to claim from the Buyer of 100% payment of the commercial value.
• Change of ownership will be made immediately seller receives the funds.

Documents Which Will Accompany The Cargo To Destination Port:

• Signed Commercial Invoice In 3 Originals And 3 Copies Indicating Contract Number, Quality And Quantity Data;
• Packing List In 3 Original And 3 Copies Issued By Seller Indicating Quantity/Weight And Net Weights Of Each Package And Packing Conditions
• Certificate Of Quality And Quantity In 1 Original And 2 Copies Issued By Inspection Company At Loading Warehouse Showing (Accurately Element Content)
• Export Permit Issued By Ministry Of Mines Tanzanina
• Certificate Of Origin Issued By Zra
• Zra Clearance

Article 09, Duration

This Agreement Will Commence Upon Execution By The Parties And Will Remain In Force Until December 2022, Unless Otherwise Exended Or Terminated By Mutual Agreement In Writing Between The Seller And The Buyer Or Unless Terminated In Accordance With The Provisions Of This Agreement.

Article 10, Suspension Of Quotations:

The Metal Prices And Currency Quotations Specified Under This Agreement Are The Quotations In Generals Use For The Pricing Of The Metal Content Of Concentrate.

In The Event That Any Of These Price Quotations Cease To Exist Or Cease To Be Published Or Should No Longer Be Internationally Recognised As The Basis For The Settlement Of Concentrate Agreement, Then Upon The Request Of Either Party, Seller And Buyer Will Promptly Consult Together With A View To Agree On A New Pricing Basis And On The Date For Bringing Such Basis Into Effect. The Basic Objective Will Be To Secure The Continuity Of Fair Pricing.

Article 11, Commodity Quality & Quantity Certifications:

• The Inspection Certificate Will Be From Inspectorate Sgs, Or From Another Qualified Inspector Company Mutually; Certifying The Quality Of The Commodity In Compliance With The International Chamber Of Commerce (Icc) Regulation. The Commodity Since Then Remained Duly Sealed And Certified By Inspectorate Sgs   – Tanzanina.Pre-Shipment Inspection Certificates For Quality And Quantity Cost Will Be On The Buyers Account.
• All Inspection Procedures & Required Documents Shall Be Maintained Referring To The Place Where The Commodity Is Located.
• The Material Shall Meet The Specifications Agreed Upon As Set Out In The Agreement Or As Otherwise Agreed In Writing.
• Seller Shall Deliver The Material In Such Quantity As Set Out In The Agreement Within Any Tolerance Stated Therein.
• The Weights Shall Be Determined By The Inspectorate (Sgs) And Shall Constitute The Basis For All Invoicing. The Buyer Is Entitled To Verify The Weights Determined By The Seller.

Article 12: Notices:

No Notice Or Communication With Respect To This Agreement Shall Be Effective Unless It Is Given In Writing And Delivered Or Sent By Fax Mail Or Electronc Mail To The Other Party At The Address Set Out Herein, Or To Such Other Address As Each Party Otherwise Notifies The Other Party.

Notices Given By First Class Mail Shall Be Deemed To Have Been Delivered When Received. Notices Sent By Fax Mail Or Electronic Mail Shall Be Deemed To Have Received Upon Completion Of Successful Transmission If Sent During Normal Office Business Hours At The Place Of Receipt. Any Fax Mail Or Electronic Mail Transmitted After Normal Office Business Hours At The Place Of Receipt Shall Be Deemed To Have Been Received On The Next Business Day.

Article 13, Conflict Minerals:

All Cobalt Hydroxide   Shipments Sourced From Free Minerals Conflict And Forced Labor Sites And Free From Criminal & Money Luandry.

Article 14,   Banking Information:

Seller’s banking details or designated banking coordinates:

• Bank Name:ABSA BANK Tanzanina
• Address:HEAD OFFICE
• Account Name :Luhihi Mining Minerals Group Sarl
• Account Number: 9010130031864
• Branch: Kinshasa
• Branch Sort Code:370001
• Swift Code:Unafzmlu
• Buyer’s banking details or designated banking coordinates:
• Bank Name:
• Bank Account Holder:
• Bank Address :
• Account No :
• Swift Code:

Article 15, Electronic Documents And Signatures:

EDT (Electronic Document Transmissions) shall be deemed valid and enforeceable in respect of any provision of this contract. as applicable, this agreement shall incorporate u.s. public 106-229, the electronic signatures in global and national commerce act’ or such other applicable law conforming to the uncitral model law on electoronic signatures (2001), the electronic commerce Agreement (Ece/Trade/257, Geneva, May 2000) adopted by the united nations center for trade facilitation and electronic business (un/cefact), european community directive nëš 95/46/eec, as applicable.

Either Party may request hard copy of any document that has been previously transmitted by electronic means provided however, that any such request shall in no manner delay the parties from performing their respective obligations and duties under edt instruments.

Article 16, Limitation Of Liability:

• 15.1  Except As Otherwise Provided Herein Or In The Agreement, No Party Shall Be Laible To The Other Party In Its Performance Of Or Failure To Perform The Agreement, Whether In Agreement, Tort Or Otherwise, For Any Indirect Or Concequential Loss Or Damage Of Any Nature Whatsoever Including But Not Limited To Business Interruption, Loss Of Production, Loss Of Revenue, Loss Of Profit, Loss Of Use Of Any Equipment, Loss Of Agreement, Loss Of Business Opportunity And Loss Of Good-Will.Each Party Hereby Irrevocably Waives Any Right To Recover Punitive, Exemplary Or Similar Damages With Respect To Any Disput, Controversy Or Claim Arising Out Of Or In Connection With The Agreement.
• 15.2  No Warranties Are Made By Seller Other That Material Conforms To The Specifications As To Quality And Quantity Agreed Upon In The Agreement Within Any Tolerance Stated Therein. Any Warranties, Conditions Or Other Terms Implied By Law, Custom Or Statute, Whether As Tomerchantability, Quality Or Fitness For A Particular Purpose Of The Material, Or Otherwise,Are Excluded;
• 15.3  Either Party Can Assert A Claim For Damages Instead Of Performance Only After Having Granted The Other Party An Appropriate Grace Period For The Performance Of Its Obligations
• 15.4  The Limitations Of Liability And Exclusion Of Warrantes As Set Out In The Agreement Shall Be To The Maximum Extent Permitted By Applicable Law. Nothing In The Agreement Purports To Limit Laibility For , Wilful Misconduct, Death Or Personal Enjury.

Article 17,   Force Majeure:  

1 – Unless Otherwise Agreed In The Agreement Between The Parties Expressly Or Impliedly, Where A Party To Contract Fails To Perform One Ore More Of Its Contractual Duties, The Consequences Set Out In Paragraphs 4 To 9 Of The Clause Will Follow If And To The Extent That The Party

Proves:

That Is Failure To Perform Was Caused By An Impediment Beyond Ists Reasonable Agreement; And That It Could Not Reasonably Have Been Expected To Have Taken The Accurrence Of The Impediment Into Account At The Time Of The Conclusion Of The Agreement

Luhihi Mining Minerals Group Sarl is the world's leading Cobalt Manufacturers in Congo. As a well-known brand, we are committed to providing a wide variety of Cobalt. The entire Cobalt range is manufactured by experts using excellent quality materials. Offer it with us at the lowest price range. Cobalt is known as a hard ferromagnetic, silvery-white, hard, and lustrous element. We comply with international standards and cater to the diverse requirements of our clients. We use advanced technology and comply with international quality standards and specifications. You can buy this range at a nominal price.

As one of the trusted Cobalt Mining Company in Congo, Cobalt is basically used in electroplating because of its presence, hardness, and resistance to oxidation. We have been used for centuries to make rich blues in glass, glazes, ceramics, china, pottery, tiles, and enamel. Cobalt shall otherwise be free from deleterious impurities harmful to the smelting and refining process and shall be able to withstand the voyage, upon all customary forms of transportation, to the destination intended by the buyer. We also offer Copper Cathode at best price range.

Our name is noted among the trusted Cobalt Exporters and Suppliers in Congo. The Cobalt Hydroxide shall conform to all local regulations and the imo/bc code of safe practice for solid bulk cargo. seller shall promptly present valid tml, fmp and moisture certificate if so requested by the buyer. You can call and share all the requirements related to Gold Bars you have, our experts would be happy to help.

Procedure:

SALES AND PURCHASE AGREEMENT FOR COBALT

Whereas: The Seller And The Buyer As A Group Hereinafter Referred To As "Parties"; And

Whereas: the seller with full corporate authority to sell, makes an irrevocable firm commitment under penalty of perjury to sell and deliver the commodity mentioned in this sales & purchase agreement. the seller hereby certifies and warrants that he can fulfill the requirements of this agreement and provide the product herein mentioned in a timely manner and under the terms specified and agreed upon by the signatories hereinafter;

AND

Whereas: the buyer with full corporate authority to buy makes an irrevocable firm commitment under penalty of perjury to purchase and pay for the commodity mentioned in this sales & purchase agreement. the buyer hereby certifies and warrants that he can fulfill the requirements of this agreement and provide acceptance financial insteruments payment for the commodity herein mentioned in a timely manner and under the terms specified and agreed upon by the signatories hereinafter.

WHEREAS:

The Parties Named Above Have Concluded This Sales & Purchase Agreement Of Sale As Follows And Agree To All Terms As Stated. The Buyer Agrees And Makes An Irrevocable Commitment To Purchase Cobalt Hydroxide , And The Seller Certifies That He Can Fulfill The Requirements Of This Agreement And Provide The Cobalt  Hydroxide As Mentioned Herein As Per The Delivery Schedule Specified In This Agreement. The Buyer And The Seller Hereby Agree To Honor This Agreement Under The Following Terms And Conditions:

Definitions

• 1 Ounce Means:1 Troy Ounce Of 31.1035 Grams;
• 1 Ton Means: 1 Metric Ton Of 1,000 Kilograms Or 2204.62 Lbs.
• 1 Unit Means:1% Of The Dry Net Weight
• Affiliates Means: In Relation To Any Company Or Corporation, A Subsidiary Or Holding Company Of That Company Or Corporation Or Any Other Subsidiary Of That Company Or Corporation Or Of That Holding Company;
• Banking Day And Business:  Any Day Except A Saturday Or Sunday On Which Banks In The City Of Kinshasa  
• Day Means: Tanzanina, Is Generally Open For The Conduct Of Business;
• Holding Comany Means:In Relation To A Company Or Corporation, Any Other Company Or Corporation In Respect Of Which It Is A Subsidiary
• Imo/Bc Code Means:The International Maritime Organization Code Of Safe Practice For Solid Bulk Cargoes Prevailing At The Time Of Delivery
• Incoterms 2010 Means:The 2010 Edition Of The Standard Trade Definitions Published By The International Chamber Of Commerce Icc
• Lme Measns: London Metal Exchange;

MONTH of SCHEDULED

• SHIPMENT(MOSS) MEANS: in respect of any shipment of the concentrate, the calendar month in which shipment has been scheduled as per the clause SHIPMENT or as otherwise agreed in writing between the parties
• SUBSIDIARY MENAS: in relation to any company or corporation, a company or corporation which is controlled, directly or indirectly, by the first mentioned company or corporation; more than half the issued share capital of which is beneficially owned, directly or indirectly by the first mentioned company or corporation; or which is a Subsidiary of another Subsidiary of the first mentioned company or corporation; and for this purpose, a company or corporation shall be treated as being controlled by another if that other company or corporation is able to direct its affairs and/or to control the composition of its board of directors or equivalent body
• US$ MEANS: the lawful currency of the United States of America;
• VALID TML MEANS: Transportable Moisture Limit valid for the current shipment;
• VALID FMP MEANS: Flow Moisture Point valid for the current shipment.

ARTICLE 01 NAME OF COMMODITY& QUALITY: 

Cobalt Hydroxide Min. Co 28 % Grade, Being Supplied, Hereinafter Referred To As "Commodity", Shall Meet The Standard Specifications According Toannex 1. And Will Be Revisedas Assaying Report Of Specifications Comeavialable.

In The Event The Actual Assays Deviate From The Contractual Assays Both Parties Agree To Discuss In Good Faith To Reach In Line With Prevailing Market Terms.

Cobalt Shall Otherwise Be Free From Deletrious Impurities Harmful To The Smelting And Refining Process And Shall Be Able To Withstand The Voyage, Upon All Customary Forms Of Transportation, To The Destination Intended By The Buyer. The Cobalt Hydroxide Shall Conform To All Local Requlations And The Imo/Bc Code Of Safe Practice For Solid Bulk Cargos. Seller Shall Promptly Present Valid Tml, Fmp And Moisture Certificate If So Requested By Buyer.

ARTICLE 02 QUANTITY:

A) The Seller Agrees To Sell And The Buyer Agrees To Purchase The 1

MT (+/-10%) TOLERANCE

MT ex WAREHOUSE NDOLA, Tanzanina

MT ex WAREHOUSE KITWE, Tanzanina

MT ex PRIVATE WAREHOUSE NDOLA

B)  Buyer Will Take An Initial Trial Order Of 2000 Tons; Subsequent Increased 10000 Tons/At Each 2 Months Upon Successful Completion Of The Initial Order.

Article 03, Packing/Marking:

The Commodity From The Origin To Discharging Ports Will Packed In 1 Ton Big Bag.

Article 04, Country Of Origin:

Republic Of Tanzanina

Article 05, Term Of Delivery:  

Ex Work Kitwe Warehouse , Tanzanina

Ex Work Ndola  Warehouse, Tanzanina

The Seller Warrants And Represents That The Cobalt Hydroxide  Is Free Of Any Private-Law Of Public –Low Rights Of Third Parties, Which May Affect The Ownership Of The Product. In Particular, The Ore Is Not Subject To Ownership By Way Of Security Or Reservation Of Ownership, Encumbrances, Hypothecations Or Other Security Rights Of Third Parties In Accordance With The Law Respectively Applicable To The Cobalt Ore. Moreover, The Ore Is Not Subject To Agreement Or Obligations Of Third Parties, Which May Have A Similar Effect To The Cobalt Hydroxide.

The Cobalt Hydroxide Delivered By The Seller Is In Accordance With The Respectively Valid Requirements Of Environmental Law, Which Are Applicable To The Buyer.

Article 6; Partial Shipments:

Not Allowed

Article 07, Commodity Price:

The Price Per Metric Tonne Of Cobalt Hydroxide Will Be:

Usd$ 4,600.00   Per Tone

Quotation Period: One Month After Shipment (M+1) The Chosen Quotational Period Shall Apply For The Entire Agreement; Upon Seller Agreement, The Chosen Quotational Period Could Change Once During Theagreement

Article 08, Terms Of Payment :

Via Bank Transfer Against Documents 1.-100 % Commercial Value , Quality Certificates Issued By Sgs  , Change Ownership Warehouse

The Commercial Invoice Shall Be Based On The Expected Dry Metric Tons To Be Shipped And Technical Assays Made By The Seller. The Buyer Will Ensure That The Final Inspection Process Starts Duly After Contract.

Bank Charges, If Any, Levied By The Buyer Bank Or Due To Buyer Fault In Respect Of Payments Or In The Country Of Buyershall Be For The Account Of The Buyer. Bank Charges, If Any, Levied By The Sellers Bank Or Due To Sellers Fault In Respect Of Payments Hereunder Or In The Country Of The Seller Shall Be For The Account Of The Seller.

The Language Of The Notices, Proforma Invoice, Commercial Invoice, Certificates Will Be In English Spelling And Typographical Errors And Differences Of Such Nature Between Bank Issued And Beneficiary Issued Documents Shall Not Be Deemed Discrepancies Provided That The Intent Of The Writer Is Clear From The Context And In Such Case Only Ucp600 Regulations Shall Apply At Any Time And Shall Be Corrected.

Article 08.1 , Terms And Working Procedures Of The Contract

• Buyer and Seller sign the contract on each page.
• Same day, Seller issues pro forma invoice and send to the Buyer according to the stocks in each warehouse.
• Buyer issues proof of funds (POF) or blocked funds to be confirmed by seller’s bank.
• Buyer appoints SGS Inspection Company for weighing and sampling purposes.
• Once quality and quantity certificates are available, Seller submit to his bank the original documents to claim from the Buyer of 100% payment of the commercial value.
• Change of ownership will be made immediately seller receives the funds.

Documents Which Will Accompany The Cargo To Destination Port:

• Signed Commercial Invoice In 3 Originals And 3 Copies Indicating Contract Number, Quality And Quantity Data;
• Packing List In 3 Original And 3 Copies Issued By Seller Indicating Quantity/Weight And Net Weights Of Each Package And Packing Conditions
• Certificate Of Quality And Quantity In 1 Original And 2 Copies Issued By Inspection Company At Loading Warehouse Showing (Accurately Element Content)
• Export Permit Issued By Ministry Of Mines Tanzanina
• Certificate Of Origin Issued By Zra
• Zra Clearance

Article 09, Duration

This Agreement Will Commence Upon Execution By The Parties And Will Remain In Force Until December 2022, Unless Otherwise Exended Or Terminated By Mutual Agreement In Writing Between The Seller And The Buyer Or Unless Terminated In Accordance With The Provisions Of This Agreement.

Article 10, Suspension Of Quotations:

The Metal Prices And Currency Quotations Specified Under This Agreement Are The Quotations In Generals Use For The Pricing Of The Metal Content Of Concentrate.

In The Event That Any Of These Price Quotations Cease To Exist Or Cease To Be Published Or Should No Longer Be Internationally Recognised As The Basis For The Settlement Of Concentrate Agreement, Then Upon The Request Of Either Party, Seller And Buyer Will Promptly Consult Together With A View To Agree On A New Pricing Basis And On The Date For Bringing Such Basis Into Effect. The Basic Objective Will Be To Secure The Continuity Of Fair Pricing.

Article 11, Commodity Quality & Quantity Certifications:

• The Inspection Certificate Will Be From Inspectorate Sgs, Or From Another Qualified Inspector Company Mutually; Certifying The Quality Of The Commodity In Compliance With The International Chamber Of Commerce (Icc) Regulation. The Commodity Since Then Remained Duly Sealed And Certified By Inspectorate Sgs   – Tanzanina.Pre-Shipment Inspection Certificates For Quality And Quantity Cost Will Be On The Buyers Account.
• All Inspection Procedures & Required Documents Shall Be Maintained Referring To The Place Where The Commodity Is Located.
• The Material Shall Meet The Specifications Agreed Upon As Set Out In The Agreement Or As Otherwise Agreed In Writing.
• Seller Shall Deliver The Material In Such Quantity As Set Out In The Agreement Within Any Tolerance Stated Therein.
• The Weights Shall Be Determined By The Inspectorate (Sgs) And Shall Constitute The Basis For All Invoicing. The Buyer Is Entitled To Verify The Weights Determined By The Seller.

Article 12: Notices:

No Notice Or Communication With Respect To This Agreement Shall Be Effective Unless It Is Given In Writing And Delivered Or Sent By Fax Mail Or Electronc Mail To The Other Party At The Address Set Out Herein, Or To Such Other Address As Each Party Otherwise Notifies The Other Party.

Notices Given By First Class Mail Shall Be Deemed To Have Been Delivered When Received. Notices Sent By Fax Mail Or Electronic Mail Shall Be Deemed To Have Received Upon Completion Of Successful Transmission If Sent During Normal Office Business Hours At The Place Of Receipt. Any Fax Mail Or Electronic Mail Transmitted After Normal Office Business Hours At The Place Of Receipt Shall Be Deemed To Have Been Received On The Next Business Day.

Article 13, Conflict Minerals:

All Cobalt Hydroxide   Shipments Sourced From Free Minerals Conflict And Forced Labor Sites And Free From Criminal & Money Luandry.

Article 14,   Banking Information:

Seller’s banking details or designated banking coordinates:

• Bank Name:ABSA BANK Tanzanina
• Address:HEAD OFFICE
• Account Name :Luhihi Mining Minerals Group Sarl
• Account Number: 9010130031864
• Branch: Kinshasa
• Branch Sort Code:370001
• Swift Code:Unafzmlu
• Buyer’s banking details or designated banking coordinates:
• Bank Name:
• Bank Account Holder:
• Bank Address :
• Account No :
• Swift Code:

Article 15, Electronic Documents And Signatures:

EDT (Electronic Document Transmissions) shall be deemed valid and enforeceable in respect of any provision of this contract. as applicable, this agreement shall incorporate u.s. public 106-229, the electronic signatures in global and national commerce act’ or such other applicable law conforming to the uncitral model law on electoronic signatures (2001), the electronic commerce Agreement (Ece/Trade/257, Geneva, May 2000) adopted by the united nations center for trade facilitation and electronic business (un/cefact), european community directive nëš 95/46/eec, as applicable.

Either Party may request hard copy of any document that has been previously transmitted by electronic means provided however, that any such request shall in no manner delay the parties from performing their respective obligations and duties under edt instruments.

Article 16, Limitation Of Liability:

• 15.1  Except As Otherwise Provided Herein Or In The Agreement, No Party Shall Be Laible To The Other Party In Its Performance Of Or Failure To Perform The Agreement, Whether In Agreement, Tort Or Otherwise, For Any Indirect Or Concequential Loss Or Damage Of Any Nature Whatsoever Including But Not Limited To Business Interruption, Loss Of Production, Loss Of Revenue, Loss Of Profit, Loss Of Use Of Any Equipment, Loss Of Agreement, Loss Of Business Opportunity And Loss Of Good-Will.Each Party Hereby Irrevocably Waives Any Right To Recover Punitive, Exemplary Or Similar Damages With Respect To Any Disput, Controversy Or Claim Arising Out Of Or In Connection With The Agreement.
• 15.2  No Warranties Are Made By Seller Other That Material Conforms To The Specifications As To Quality And Quantity Agreed Upon In The Agreement Within Any Tolerance Stated Therein. Any Warranties, Conditions Or Other Terms Implied By Law, Custom Or Statute, Whether As Tomerchantability, Quality Or Fitness For A Particular Purpose Of The Material, Or Otherwise,Are Excluded;
• 15.3  Either Party Can Assert A Claim For Damages Instead Of Performance Only After Having Granted The Other Party An Appropriate Grace Period For The Performance Of Its Obligations
• 15.4  The Limitations Of Liability And Exclusion Of Warrantes As Set Out In The Agreement Shall Be To The Maximum Extent Permitted By Applicable Law. Nothing In The Agreement Purports To Limit Laibility For , Wilful Misconduct, Death Or Personal Enjury.

Article 17,   Force Majeure:  

1 – Unless Otherwise Agreed In The Agreement Between The Parties Expressly Or Impliedly, Where A Party To Contract Fails To Perform One Ore More Of Its Contractual Duties, The Consequences Set Out In Paragraphs 4 To 9 Of The Clause Will Follow If And To The Extent That The Party

Proves:

That Is Failure To Perform Was Caused By An Impediment Beyond Ists Reasonable Agreement; And That It Could Not Reasonably Have Been Expected To Have Taken The Accurrence Of The Impediment Into Account At The Time Of The Conclusion Of The Agreement