6. Fosfa Contract 51 – Download as PDF File .pdf), Text File .txt) or read online. the FOSFA trades in oils and fats, oilseeds and groundnuts. Provide FOSFA Member Superintendents with detailed functions and operational Page –, , flexibility in international trade 23, 26, 27, 48, 51, 64, 67, 77, – force majeure , FOSFA 49, 51, 84, , FOSFA ;.

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Sellers are not obliged to issue Bills of Lading to the order of a third party.

6. Fosfa Contract 51

However, if this option is exercised and to ensure that samples are available in the event of a contamination claim, superintendents shall draw and seal no less than five representative pre-shipment samples of the oil delivered to each vessel’s tank at the vessel’s rail or the nearest practicable point thereto prior to loading. 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. 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 bein 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 beshall be a condition precedent to the right of either party hereto or 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.

At Buyers’ call during. Analysis of samples taken at time of loading or, in the event of the oil not being loaded within 30 consecutive days of the contract period, at the end of the extension period allowed under the Extension Clause, to be final.

Price to be fixed and futures to be given up latest 5 days prior to shipment or 2 days prior to the first notice day of option in question, whichever earlier.

If loading is commenced within 30 days after the original contract delivery period, payment shall be made in accordance with the Payment Clause.

In default of fulfilment of this contract by either party, the other party at his discretion shall, after giving notice, have the right either to cancel the contract, or the right to sell or purchase, as the case may be, against the defaulter who shall on demand make good the loss, if any, on such sale or purchase.


Buyers are allowed to substitute the nominated ship provided that the substitute ship is expected to arrive no earlier than the original ship and not more than 5 working days later unless 15 agreed by Sellers. Any dispute arising out of this contract, including any question of law arising in connection therewith, shall be referred to arbitration in London or elsewhere if so agreed in accordance with the Rules of Arbitration and Appeal of the Federation of Oils, Seeds and Fats Associations Limited, in force at the date of this contract and of which both parties hereto shall be deemed to be cognizant.

Sellers shall receive relevant documentary instructions including splits not less than 5 working days prior to the estimated arrival of ship at loading port.

VISER | International Trading

fowfa As specified in contract. The use of member superintendents shall be mandatory except where the contract or national laws or regulations require the use of Governmental or other agencies not recognised by FOSFA International. All export duties, taxes, levies etc.

The contract delivery period not to be affected by this clause. Laytime not to commence prior to expiry of minimum number of days pre-advice for nomination of ship unless Sellers agree to load earlier in which case laytime to commence when ship actually commences to load. If Buyers fail to provide such confirmation, Sellers shall have the right to place their own insurance according to the terms of this clause at the Buyers’ risk and expense.

Where a Seller re-purchases 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 re-purchased, and the provisions of the Default Clause shall not apply.

6. Fosfa Contract 51 – [PDF Document]

The oil shall be of good merchantable quality of the agreed description and contractual specification at time and place of delivery or at the end of the extension period if not shipped. Post on Apr 2. If Mate’s Receipts are presented for payment, Sellers shall be entitled to instruct vessel’s agents that the Bill s of Lading may only be issued in exchange for the original Mate’s Receipt.

The following deviations are permitted with the following allowances to Buyers: If a string proposal is declared in force it shall be fofsa to have transferred automatically from the first to the last Buyer the obligation to pay for the goods, to cover insurance in accordance with the Insurance Clause above, and to defray any excess in the cost of Superintendence and Analysis above the rate agreed to be for Seller’s account.


In the event that loading is not commenced within 30 days of the original contract delivery period the provisions of the Default Clause shall apply and Buyers shall additionally pay to Sellers an amount equal to carrying charges for the total extension period. Thereafter, if the contract is cancelled under the terms of the Prohibition Clause or the Force Majeure Clause, this clause is not applicable.

Sellers to be responsible for obtaining export licence, if required.

Any extra expenses necessarily incurred by Sellers to facilitate drawing of samples for establishment of quality at end of extension shall be for Buyers’ account. Once the goods are delivered on board, all risks including all average to be for account of the Buyers. Prior to the presentation of documents to the end Buyer any party in the string may in the event of unforeseen and serious circumstances, including the insolvency or threatened fowfa of any party in the string, withdraw agreement giving immediate notice of such withdrawal to all other parties.

Nothing in this clause shall affect a party’s right to invoke the provisions of the Default Clause in a case where a failure to effect timely payment could give rise to a claim under that clause. If the goods are not delivered or, having been delivered, documents are not presented as a result of a circle having been established, invoices based on the mean contract quantity shall be settled between each Buyer and his Seller in the circle by payment by each Buyer to his Seller of the excess of the Seller’s invoice amount over the lowest invoice amount in the circle.

Should the nominated vessel for a string already in force be substituted, totally or in part, the first Seller is under no obligation to commence loading the substitute vessel prior to receipt of his own counter-party’s agreement.

In the event of a claim under the Prohibition Clause or the Force Majeure Clause the date for settlement shall be deferred until the expiry of the extended delivery period. The following shall not apply to this contract: OIL, in bulk at. Weight ascertained by vessel’s tank s ullage or draft survey shall be contractually irrelevant.

All business days shall be deemed to end at Notice of such extension shall be given to Sellers as soon as possible but not later than the last business day of the original contract delivery period. Presentation in trust or by collection is at Sellers option.