that he is Ready, Willing and Able to sell 00 MT (XXX kilos) OF L.B.M.A REFINED “GLD” STANDARD AU METAL Gold Bullion Bars manufactured to the Good London Delivery (“GLD”) standard, with rolls and extensions, and is in possession of the AU concentrate. When an order is accepted from a Buyer, Seller will pre-process concentrate, ship to Sellers refinery to then refine, hallmark and make available hallmark bars to the Buyer to ship to their chosen destination. The Seller confirms and warrants that the Product is free and clear of any liens, encumbrances and mortgages. The Seller further confirms and warrants that the Product is not subject to any legal action and has no criminal origin nor has it been left as a deposit or collateral for a credit line or a financial instrument.
Whereas, the Buyer warrants with full legal responsibility that he is Ready, Willing and Able to purchase 00 MT(OR Kilos XXX) OF L.B.M.A REFINED “GLD” STANDARD AU METAL Gold Bullion Bars manufactured to the Good London Delivery (“GLD”) standard, within the banking system and offered under full banking responsibility by the Seller’s banker. The payment currency under the Agreement accepted by the Parties is United States Dollars (“USD”). The Buyer warrants with full legal responsibility that he is Ready, Willing and Able (“RWA”) to purchase the Product with clean and clear funds of non-criminal origin, free from liens, encumbrances and mortgages.
Whereas, both Parties hereby agree to deal openly with full disclosure and in good faith for the execution of this Memorandum of Understanding Agreement.
- NOW AND THEREFORE:
In consideration of the foregoing promises, the Parties herein firmly enter into this Soft Corporate Agreement (“SCO”) whereby the Seller agrees to sell and supply and the Buyer agrees to purchase and pay for said the Au Metal Gold Bullion under the following terms and conditions set forth herein below:
PRODUCT : Gold Bullion (Aurum) Metal in Standard Bar Form
FORMAT : XXX (150???) KG Au Bullion Bars
FINENESS : 999.5/1000 Parts Pure Gold per Specifications or Better
HALLMARKS : Any LBMA Approved Refinery
QUANTITY : XXX kg per month, XX MT/Kg in 12 months with Rolls and Extensions
PRICE : The purchase value of Each and Every Lift of the Product as per this
Agreement (the “Purchase Value”) shall be calculated on the date
Delivered to Buyer’s account, in advance of any discounts, as follows: “The number of fine troy ounces of the Product delivered in Each and Every Lift, as established by the assayer certificate issued by the refinery (one kilogram being 32.1507425 fine troy ounces), multiplied by the fine troy ounce’s price according to the last known 2nd fixing of the London Bullion Market Association (the “LMBA”) on the day Delivered to the Buyer´s account and displayed by the “LBMA”. In the event the “LBMA” is not operating on that scheduled day, the price calculation used shall be based on the second “LBMA” fixing of the next market opening day.”
DELIVERY : Buyer’s account at _____________(refinery)
GUARANTEE : Buyer provides Proof of forward Contract Of Sale (FCOS) to Refinery
DISCOUNT : Gross Discount XX% & Net Discount 8% (CHANGE TO Thirty Percent (30%) ???
Buyer’s Side 1% (REMOVE, or identify as Paid to Buyer’s Paymaster?)
PAYMENT : Payment shall be in clean, clear and legal United States Dollars funds against the Au Metal Standard Gold Bullion.
TRANSACTION PROCEDURE
- Buyer’s Signatory returns either a full Official Letter of Intent or ICPO with Legal details of the Buyer for insertion into FCO/Sales and Purchase Agreement (SPA); providing Legal Address, Company Name of Buyer, Etc.;
- The Seller signs and seals the FCO and buyer returns with countersignature and issue SPA
- The Seller and Buyer sign, seal and exchange the Sales and Purchase Agreement (SPA);
- The Seller and his Banker/Bullion Officer will wait 72 hours, Three (3) Banking days for the Buyer’s Attorney to confirm with a Buyer’s Affadavit that AGT has a signed copy of a mutually agreed upon Forward Contract of Sale (FCOS) in the amount of $00,000,000.00 covering the first 3 months of delivery of the Au Metal Standard Hallmarked Bars.
- Upon receipt and confirmation of Buyer’s Affadavit, the Seller will begin processing Au Bullion Concentrate into Au Metal Standard Hallmarked Bars to be transferred to the Buyer´s Account at____________________(refinery). Said transfer of Hallmarked Bullion Bars from Seller’s refinery to the Buyer’s Account shall occur not more than 15 days from the Seller’s receipt of the Buyer’s Affadavit. Upon receipt of the Hallmarked Bullion Bars into its account at the refinery, the Buyer shall activate its Forward Contract of Sale (FCOS) which will trigger the transfer the funds to the Seller’s Bank Account. The Seller shall transfer the Au Metal Standard Hallmarked Bars to the Buyer, and transferr title/ownership, pending payment of funds within 72 hours.
- Buyer shall pay the Seller for the Aurum Utalium (AU) Hallmarked Bars delivered under the terms of this contract, in clean, clear United States Dollars of non-criminal and non-terrorist origin, by a wire transfer for 100% of the face value of the Hallmarked Bars (less the agreed discount) contained in each shipment delivered to the Buyer within 72 hours of receipt of delivery.
The Buyer and the Seller agree on a “Window Time” for exchange. The payment to the Seller via SWIFT or FED Wire respectively will be