swissconN@yahoo.com
SOFT OFFER
Date: JUNE 14, 2008 Reference: D2-Spot_R-5-10M
To: Principal Buyer
PRICE LIST FOR ROTTERDAM
Commodity : Diesel Gas Oil D2
Origin : Russia
Qty-Price : 500,00 MT ------- USD 750gross / 740net per MT
Qty-Price : 5 Million MT ---- USD 650gross / 640net per MT
Qty-Price : 10 Million MT --- USD 600 gross / 590 net per MT
Qty-Price : 15 Million MT --- USD 560gross / 550 net per MT
Qty-Price : 20 Million MT --- USD 550gross / 540 net per MT
Duration : 1 Time Spot Transaction - with possible 12-month contract extension
Inspection : By SGS / Tank Receipts/ Pipeline Receipts – Rotterdam, Netherlands.
PRICE LIST FOR HOUSTON
Commodity : Diesel Gas Oil D2
Origin : Russia
Qty-Price : 500,00 MT ------- USD 760gross / 750net per MT
Qty-Price : 5 Million MT ---- USD 655 gross / 645 net per MT
Qty-Price : 10 Million MT --- USD 605 gross / 595 net per MT
Qty-Price : 15 Million MT --- USD565 gross / 555 net per MT
Qty-Price : 20 Million MT --- USD 555gross / 545 net per MT
Duration : 1 Time Spot Transaction - with possible 12-month contract extension
Inspection : By SGS / Tank Receipts/ Pipeline Receipts – HOUSTON, TEXAS,
USA.
PAYMENT PROCEDURES:
1. Seller provides Soft FCO with Seller’s Bank coordinates (see RWA Text),
Terms/Conditions, Price and Procedure.
2. Buyer issues ICPO/LOI with permission for soft probe of accounts together with
Bank Commitment Letter (BCL) – a copy to seller by email attachment and the
original by Swift to seller’s Bank. (Buyer may elect to issue Ready, Willing and
Able (RWA Swift MT799). The RWA must be Bank Commitment and
responsibility.
3. Seller approves ICPO/LOI and seller’s bank verifies the BCL. On approval of BCL
and ICPO, Seller issues a Draft Contract
4. IMFPA will be completed by representatives of Buyer and Seller.
5. Buyer signs, seals and returns Contract to Seller who countersigns, seals and
return a copy of the document to the buyer. Both parties lodge a copy of the
contract with their respective Bank.
6. Seller’s Bank issues confirmation of the POP to buyer’s Bank.
7. Within 2 International banking days, Buyer’s bank issues conditional payment
order MT103/23.
8. Seller presents full set of POP documents and Ownership title at counters of
Buyer’s Bank.
9. Upon receiving the ownership title and pertaining documents Buyer’s bank pays
for 100 % of the value of the commodity by SWIFT wire transfer (MT103) directly
to the Seller’s designated bank account within 2 banking days.
10. Lifting of the D2 commences.
11. Each party hereto will bear its respective banking costs / charges.
ANNEX A
ON BUYER’S BANK LETTERHEAD
DRAFT OF "READY, WILLING AND ABLE" RWA SWIFT MT-799
BANK REFERENCE
FROM BUYERS BANK:
DATE:
TO:
Bank Name
Bank Address
Account Name
Account No. (€)
Sort Code
IBAN
Telephone
Fax
Swift Code
Bank Officer
"WE, …………BANK, HEREBY CONFIRM, THAT OUR CLIENT, xxxxxxxxxxxxxx HAS THE
FINANCIAL CAPACITY TO PAY FOR THE PURCHASE OF THE FULL ALLOCATION OF
5,000.000 METRIC TONS OF "RUSSIAN GASPOIL DIESEL (D2) L-0.02-62, GOST 305-82."
FREIGHT ON BOARD BASED FOR A TOTAL AMOUNT OF THE CONTRACT (US$ XXX, XXX,
XXX. 00) XXXX MILLIONS XXXXX HUNDRED AND XXXXX THOUSAND UNITED STATES
DOLLARS
WE ……….… BANK WILL MAKE THE PAYMENT FOR THE FULL CONTRACTED QUANTITY
OF 5,000.000 METRIC TONS OF "RUSSIAN GASPOIL DIESEL (D2) L-0.02-62, GOST 305-82."
BY SWIFT WIRE TRANSFER (MT103) DIRECTLY TO THE SELLER’S DESIGNATED BANK
ACCOUNT WITHIN 2 BANKING DAYS.
WE HEREBY CONFIRM OUR READINESS TO ISSUE CONDITIONAL PAYMENT ORDER
MT103/23 UPON RECEIVING THE PROOF OF PRODUCT ON BANK TO BANK BASIS FROM
THE SELLER.
SINCERELY,
1) Bank officer name:
SWIFT NO.:
TEL NO.:
FAX NO.:
Signed and sealed
___________________
(Title)
Authorized bank signatory
_____________________________________________________________________________
2) Bank officer name:
SWIFT NO.:
TEL NO.:
FAX NO.:
Signed and sealed
_____________________
(Title)
Authorized bank signatory
ANNEX B
ON BUYER’S BANK LETTERHEAD
BANK COMMITMENT LETTER (BCL)
Date:
To: seller
(Name of Bank):
(Address of Bank):
Telex:
SWIFT:
Telephone number:
Fax number:
Name of account holder to be confirmed by seller
Bank Account No: To be confirmed by seller
Subject: Bank Commitment letter
Contract No:
Description:
We confirm that our client, ………………………………, is ready, willing and able to perform
on the contract for the purchase of quantity xxx,000MT of D2 (product name) HSD-D2 Gasoil L-
0.02-62 Gost 305-82 as per the Terms of the contract.
We undertake to issue Irrevocable, Conditional Payment Order MT103/23 as per the contract
terms for the amount of US$ xxx on behalf of our client, …………………. upon receipt of the
confirmation of Proof of Product, on the above mentioned contract.
This is to inform you that we wait for confirmation of Proof of Products to open the payment
instrument.
This letter can be verified and confirmed by bank to bank.
_____________________________________________________________________________
1) Bank officer name:
SWIFT NO.:
TEL NO.:
FAX NO.:
Signed and sealed
___________________
(Title)
Authorized bank signatory
_____________________________________________________________________________
2) Bank officer name:
SWIFT NO.:
TEL NO.:
FAX NO.:
Signed and sealed
_____________________
(Title)
Authorized bank signat
ANNEX C
Sample Text of SWIFT MT-103
Date:
To:
BANK NAME :
BANK ADDRESS :
ACCOUNT NAME :
ACCOUNT NO. :
BANK OFFICER :
SWIFT CODE :
TEL NO Direct :
FAX NUMBER :
From :
Bank Name :
Bank Address :
Bank Account Holder :
SWIFT Code :
Bank Officer and Title :
TEL Number Direct :
FAX Number :
Agreement Number :
We,
Conditional, Irrevocable, Assignable, Transferable and Callable cash-backed SWIFT
wire transfer in your favor for the account of your client, _________________________,
holding an account number:
Amount of USD430M (Four Hundred And Thirty Million United States Dollars).
This Conditional Irrevocable SWIFT is a binding payment commitment by us and we
hereby undertake to wire transfer the said amount to you in favor of your client, upon
receiving verifiable POP as per signed AGREEMENT No:
We hereby confirm that the funds are good, clean and cleared funds of non-criminal
origin and are from a legal source.
This Conditional, Irrevocable, Divisible, Assignable, Transferable Callable cash-backed
SWIFT wire transfer is valid for 15 banking days from the __ th day of ________, 2008
and until the __ th day of _______, 2008.
This is an operative bank instrument and is subject to the Uniform Commercial Code as
it relates to bank credit instruments.
(ELECTRONIC SIGNATURES OF TWO BANK OFFICERS WITH NAMES, TITLES ANDBANK SEAL).
