FOSFA is a professional international contract issuing and arbitral body concerned exclusively with the world trade in oilseeds, oils and fats with over members in 75 countries These members include producers and processors, shippers and dealers, traders, brokers and agents, superintendents, analysts, shipowners, tank storage companies and others, providing services to traders. Revised and Effective from 1st January. Register to read more. Payment in.
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Chapter 18 Contracts — Module 8 Contracts - C Business Law Week IT Outsourcing Contrac Designing supply contr Part 2 - Contracts and Contracts of Adhesion Sellers have agreed to sell and Buyers have agreed to buy.
Payment in. Such market price to be fixed by arbitration unless mutually agreed. In the event of more than one shipment being made each shipment is to be considered as a separate contract but the tolerance on the mean contract quantity is not to be affected thereby.
In case of sea accident pumping up seed excepted causing a deficiency on invoice weight, provisional invoice quantity to be final, except when such deficiency cannot be accounted for by the nature of the accident and is not recoverable from the underwriters.
Dockage is not to exceed. The oil content shall be basis. The Buyer shall not be entitled to reject a tender at contract price of a higher grade of seed of the same description. Should any of the within mentioned quantity form part of a larger quantity of the same grade, dockage and oil content shipped on board the ship in the same or a different period of shipment, a separation or distinction shall not be necessary.
Should the ship arrive before receipt of declaration of shipment and extra expenses be incurred, such expenses are to be paid by Sellers.
Presentation of documents does not constitute a notice under the terms of this clause. The provisions of this clause to be inoperative if the goods have been sold afloat. Such notice need not state the number of additional days claimed by the Seller and the Seller may ship at any time within 8 additional days. The Seller, however, shall make an allowance to the Buyer, to be deducted in the invoice from the contract price, based on the number of days by which the originally stipulated period is exceeded, as follows:— For 1, 2, 3 or 4 additional days,?
For 7 or 8 additional days, 1? If, however, after having given notice to the Buyer as above, the Seller fails to make shipment within such 8 days, then the contract shall be deemed to have called for shipment during the originally stipulated period plus 8 days, at contact price less 1? The oil certificate to be forwarded on receipt from Canadian Grain Commission along with any settlement for excess or deficiency in oil content.
Such guarantee to be guaranteed by Bankers if required by Buyers. Notice to retire documents shall be given by Buyers before When payment becomes due on a non-business day, Sellers have the right to present documents on the preceding business day for payment after banking hours. Final settlement to be effected when final weights and oil content are known.
Payment shall not be deemed to have been effected before receipt of cleared funds by the payee or his bank. PRO RATA: a Receivers Pro Rata Should any of the above-mentioned quantity form part of a larger quantity of the same or different period of shipment and of similar quality, no separation or distinction shall be necessary. All loose collected, damaged and sweepings and any excess or deficiency in the quantity delivered at the port of discharge, shall be shared by and apportioned pro rata between the various receivers thereof buying under contracts containing this clause, and any of them receiving more or less than his pro rata share or apportionment shall settle with the other or others of them for the same in cash at the market price on the last day of discharge such price to be fixed by arbitration unless mutually agreed.
In the event that an allowance is due from or to the Buyers in respect of any quality guarantees at discharge, same shall be settled on the basis of the actually delivered weight. Such settlement shall be made in cash and in the event of two or more discharging ports being involved, then the settlement price shall be the average of the market prices on the last day of discharge in the respective ports, such price to be fixed by arbitration unless mutually agreed.
All Shippers, Sellers and Buyers of any part of such larger quantity as aforesaid under contracts containing this clause shall be deemed to have entered into mutual agreement with one another to the above effect and to agree to submit to arbitration all questions and claims between them or any of them in regard to such pro rata sharing or settlement as aforesaid in accordance with the Rules of Arbitration and Appeal of the Federation.
All Shippers, Sellers and Buyers shall give all reasonable assistance in ascertaining the pro rata. All Sellers shall be responsible for the settlement of the pro rata by the respective Buyers within a reasonable time.
Any war risks premium in excess of? All notices shall be under reserve for errors in trans- mission. Notices shall be passed on with due despatch by intermediate Buyers and Sellers. Any notice received after Notice from a broker shall be a valid notice under this contract. NON-BUSINESS DAYS: Should the time limit for doing any act or giving any notice expire on a Saturday, Sunday or any public holiday in the country where the party required to do the act or give the notice resides or carries on business or in the country where the act has to be done or the notice has to be received or on any day which the Federation shall declare to be a non-business day the time so limited shall be extended until the first business day thereafter.
All business days shall be deemed to end at The contract shipment period not to be affected by this clause. In the event of further strikes, lockouts, riots, civil commotions or interruptions in the normal course of labour occurring during the time by which the contract shipment period has been extended by reason of the operation of the provisions of the first paragraph, the additional extension allowed shall be limited to the actual duration of such further strikes, lockouts, riots, civil commotions or interruptions in the normal course of labour.
Buyers shall be notified immediately at the outbreak of any such occurrence. In the event of shipment during the extended period still proving impossible by reason of any of the causes in this clause the contract or any unfulfilled part thereof, shall be cancelled. Sellers invoking this clause shall advise Buyers with due despatch.
If required, Sellers must produce proof to justify their claim for extension or cancellation under this clause. Should either party be dissatisfied with the price ascertained by re-purchase or re-sale, then the matter shall be referred to arbitration.
CIRCLE: Where a Seller repurchases from his Buyer, or from any subsequent Buyer, the same goods or part thereof, a circle shall be considered to exist as regards the particular goods so repurchased, and the provisions of the Default Clause shall not apply. Different currencies shall not invalidate the circle. Failing amicable agreement the market price shall be that declared by a Price Settlement Committee of the Federation appointed for that purpose on application of either party.
Such settlement shall be due for payment not later than 15 consecutive days after the last day for declaration or, should the circle not be established before the expiry of this time, then settlement shall be due for payment not later than 7 days after the circle is established.
No circle shall be considered to exist if its existence is not established within 45 days after the last day of shipment. All Sellers and Buyers shall give every assistance to the establishment of the circle and where a circle shall have been established same shall be binding on all parties to the circle.
In the event of a claim under the Prohibition Clause, the date for settlement shall be deferred until the expiry of the extended shipment period. Thereafter, if the contract is cancelled under the terms of the Prohibition Clause, this clause is not applicable.
If the party liable to pay shall be dissatisfied with the price of such sale or purchase, or if neither of the above rights is exercised, the damages, if any, shall, failing amicable settlement, be determined by arbitration. The damages awarded against the defaulter shall be limited to the difference between the contract price and the actual or estimated market price on the day of default.
Damages to be computed on the mean contract quantity. Prior to the last day for making a declaration of shipment a Seller may notify his Buyer of his inability to ship but the date of such notice shall not become the default date without the agreement of the Buyer.
If, for any other reason, either party fails to fulfil the contract and is declared to be in default by the other party and default is either agreed between the parties or subsequently found by arbitrators to have occurred, then the day of the default shall, failing amicable settlement, be decided by arbitration.
Any dispute arising out of or in connection therewith shall be submitted to arbitration in accordance with the Rules of the Federation. The serving of proceedings upon any party by sending same to their last known address together with leaving a copy of such proceedings at the offices of the Federation shall be deemed good service, rule of law or equity to the contrary notwithstanding. Neither party hereto, nor any persons claiming under either of them, shall bring any action or other legal proceedings against the other of them in respect of any such dispute until such dispute shall first have been heard and determined by the arbitrators, umpire or Board of Appeal as the case may be in accordance with the Rules of Arbitration and Appeal of the Federation, and it is hereby expressly agreed and declared that the obtaining of an Award from the arbitrators, umpire or Board of Appeal as the case may be , shall be a condition precedent to the right of either party hereto or of any person claiming under either of them to bring any action or other legal proceedings against the other of them in respect of any such dispute.
Contract No 51 (January 2013)
New FOSFA Telephone Numbers
Contract 51 – Sediment
Contract 51 (Sept 2007)