high seas sales contract
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9. It is prudent to obtain two copies of the original bill of lading from the highseas seller, one goes to customs and the other original b/l can be submitted to s/agents for speedier delivery order with the fax copies of the cash paid challan and other papers.
As per p.n. no. 32/2005 dt. 10/08/05, noting of b/e will be permitted on a non-negotiable copy (not zerox) duly endorsed by both parties if other papers are in order like notarised hss contract, sale and purchase letters and local invoice . Signatures on all papers should be of the same signatory. In normal course the original b/l is endorsed by both the buyer and seller.
ON RS.500/- STAMP PAPER TO BE NOTARISED
HIGH SEAS SALE CONTRACT
This contract is being entered into on this day of 2009,(date to be after b/l date but prior to arrival of vessel) between M/s. (Seller), -- Address --, herein after referred to as Sellers (which expression in so far as the context admits, shall include their successors, assignees and nominees) and M/s. (Buyer), -- Address --, herein after referred to as the Buyer (which expression shall, in so far as the context admits shall include their Successors, Assignees and Nominees) witnessed as herein under.
THE SELLER AGREES TO SELL AND THE BUYER AREES TO BUY ON �??High Seas Sales basis�?? _________ MT of ___________________ under B/L No. ________________________ dt.___________ subject to following Terms and conditions:
1. Description :
2. Packages :
3 Net Weight :
4. Sale Value : CIF +2% (OR Actual price in Rs.)
5. Name of Vessel :
6. Name of Supplier :
7. The titles of the goods are unconditionally and constructively transferred.
8. All Import Duty Auxiliary Duties Government Dues, Levies and Taxes will be paid by the Buyer directly to the authorities concerned.
9. Payment to be made on due date. In case of late payment, interest @ 15% p.a. shall be charged extra to the buyer.
10. The allied expenses also will be borne by the buyer.
11. All charges or levies that shall/might arise during subsequent to this transfer of bond in future shall be borne by the buyer which includes Customs Duties/Excise Duties/Safe Guard/Anti Dumping/Countervailing Duty/Octroi clearing charges/sales tax and or levies direct or indirect taxes etc.
12. The buyer shall be entirely responsible and answerable to any government body/agencies on any queries/less charges/investigation in future.
13. The buyer will make their own arrangement for clearance and delivery of goods at their own risk, responsibility and cost and shall pay Octroi and other duties and levies as applicable and all other clearing charges as applicable
14. All claims for shortage etc. will be settled by buyer directly with insurance/customs/shipping co., etc
15. Sales Tax if any as applicable will be to Buyers account
16. Should the buyer clear the consignment under licence in that case all liabilities/Responsibilities/Queries to be fulfilled directly by the buyer without recourse to the replied seller.
17. Any contravention shall be deemed as breach of the agreement for which the buyer shall have to bear the entire consequence and responsibilities.
18. Buyer is to give a Post dated cheques for the contract amount to the seller.
19. All other terms for the best interest of the seller in any case not having the interest of the buyers.
20. All other issues as per the our Standard Terms and conditions.
21. In case the buyer fails to take the delivery of the material, by any reason he shall be held responsible for all the losses and damages arising there from.
22. Interest on duty amount after 07 days from the date of bonding of material is to buyers account.
The contract is subject to Government directions/regulation in force. In witness thereof seller and the buyer hereto have to set their respective hands and seals on the date mentioned above.
Please return the duplicate copies of this contract duly sealed and signed in acceptance
We confirm the above and accept all terms and conditions as mentioned in the contract.
For and on behalf of seller For and on behalf of buyer
IEC Code: IEC Code:
Place: Place :
Date: Date:
ON SELLERS LETTER HEAD
Date: prior to arrival of vessel compulsorily
To,
Deputy Commissioner of Customs
Import Department,
Jawaharlal Nehru Custom House,
JNPT.
-------
Dear Sir,
Sub: Consignment of MTS. (Description) arriving per Vessel-
Vide Bill of Lading No. dt.
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With reference to the above subject, we would like to state that we have sold the above goods on High Seas Basis, to M/s. (Buyer), -- Address --.
You are requested to allow clearance for the subject cargo to them and oblige
Thanking you,
Yours faithfully,
For (Seller)
Authorised Signatory
ON BUYERS LETTER HEAD
Date: to be same as on the high seas contract and seller's letter
To,
Deputy Commissioner of Customs,
Import Department,
Jawaharlal Nehru Customs House,
JNPT.
Dear Sir,
Sub: Consignment of MTS. (Description) arriving per Vessel-
Vide Bill of Lading No. dt.
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We confirm having purchased the above goods from M/s. (Seller), -- Address --, on High Seas Sales Basis.
Kindly allow us to clear the same in our name and oblige.
Thanking you,
Yours faithfully,
For (Buyer)
Authoirised Signatory
WAREHOUSE SALE CONTRACT DTD. (Sales from bonded cargo at the port)
NAME AND ADD. OF BUYER :
NAME AND ADD. SELLER :
BOND NO : DT.
BILL OF LADING NO :
DESCRIPTION OF GOODS :
QUANTITY :
NAME OF FOREIGN SUPPLIER/ :
INVOICE NO & DATE :
NAME OF VESSEL :
CONSIDERATION :
Contd2.
: 2:
PAYMENT OF COST OF DOCUMENTS
Full payment of cost of documents comprising of CIF value bank�??s interest, commission and other charges for retirement of documents to be made by buyer to us.
DELIVERY
We will transfer all rights and title of the above goods to you by endorsing the above bill of lading in your favour.
IMPORT DUTIES AND CLEARING CHARGES
In view of the disposal of the goods on high seas sales you shall arrange clearance of the goods from customs at your sole risk and responsibility. The entire clearing expenses viz. custom duties clearing charges, demurrage, Octroi, etc. will be borne by the buyer and paid directly to the customs and of clearing and forwarding agents.
SALES TAX
SALES TAX, if and as applicable, shall be to buyer�??s account. If you at a later date the sales tax authorities assess sales tax on this sale the same shall be paid by you to us on demand for this you shall execute indemnity bond on Rs.100/- stamp paper holding us indemnified for the sales tax liability.
INSURANCE CLAIMS
As regards any loss/ damage / shortage and or any other claims to the consignment, we shall nominate and subrogate our rights to you to recover the amount from insurance company / steamer agent and / or customs authorities to enable you to deal directly with the concerned.
In witness thereof the seller and the buyer hereto set their respective hands on the date mentioned above. Please return to us the duplicate copy of this contract duly sealed and signed.
For and on behalf of seller For and behalf of buyer
DATE:
TO,
The Deputy Commissioner Of Customs,
Bond Dept.
Jawahar Custom House,
Nhava Sheva
SUB: PURCHASE ON BONDED WAREHOUSE GOODS
REF: BOND NO:
DESCRIPTION:
INVOICE NO :
QUANTITY :
We hereby confirm that we have purchased the subject material on warehouse sale from M/s.
We request you to kindly permit us to clearance of the consignment on our behalf and oblige.
Thanking you,
Yours sincerely
For
(Buyer)
DATE:
The Deputy Commissioner Of Customs,
Bond Dept.
Jawahar Custom House,
Nhava Sheva
SUB: SALE ON WAREHOUSE SALE BASIS
REF: BOND NO:
DESCRIPTION:
INVOICE NO :
QUANTITY :
We hereby confirm that we have sold the above consignment on warehouse sale to M/s.
Kindly permit them to clear the consignment after necessary formalities and oblige.
Thanking you,
Yours sincerely,
For
(Seller)
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