Download 甲醇中远期现货交易电子交易合同

Contract of Tianjin Bohai Commodity Exchange for E-Spot Trading
of RSS3 (RV)
Buyer: (transaction code)
(dealer’s name)
Seller: (transaction code)
(dealer’s name)
The contract is signed upon the delivery matching MM/DD/YY
The contract belongs to the sales contract made by and between the seller and buyer
in accordance with Tianjin Bohai Commodity Exchange (hereinafter referred to as the
"Exchange")'s Bohai Exchange Spot Trade (BEST) Rule, so that the spot trade of
RSS3 (RV) could be conducted through the Exchange's e-trading system.
The contract is automatically generated upon the successful matching by the E-trading
system of the Exchange.
Whereas:
1.
As approved by the Exchange, both the seller and the buyer become the dealers
thereof and sign the Trading Agreement of Tianjin Bohai Commodity Exchange
with the Exchange;
2.
Both the seller and the buyer have carefully read and fully understand the
Management Method for Spot Trading at Tianjin Bohai Commodity Exchange
and agreed to abide the relevant stipulations by the Exchange.
In accordance with the Contract Law of the People's Republic of China, Interim
Procedures for Supervision on the Trading Market of Tianjin Bohai Commodity
Exchange issued by Tianjin Municipal People's Government and the Exchange's
related rules, the contract is made by and between the seller and the buyer in the
principle of equality, voluntariness, fairness and credibility.
I.
Traded commodity
1.1
Commodity name: RSS3 (RV)
1.2
Commodity code: BRSSRV
1.3
Commodity information:
Country of origin: _______
Brand name: _______
II.
Quantity
The quantity of RSS3 successfully matched by applying for delivery by the
seller and the buyer through the Exchange's e-trading system (unit: ton)
.
III.
Delivery settlement price
The delivery settlement price of the contract hereunder is _____ Yuan
(RMB/ton) (accurate to integer), equivalent to _____ dollars (USD/ton)
(accurate to two decimals) according to the foreign exchange rate of the day.
Both the buyer and the seller shall make payment based on the delivery
settlement price.
The delivery settlement price of the day refers to the weighted average price of
RSS3 calculated as the trading volume on which the delivery matching is
successfully made, which is the commodity price stored in the approved
delivery warehouse.
IV.
Delivery site
The delivery site of the contract hereunder is at ___
V.
__.
Quality standards
After the identification and release by the Exchange market, for the RSS3 to be
delivered, the quality shall meet the following standards:
5.1
The underlying product is imported Ribbed Smoked Sheet (RSS3), which shall
be in accordance with International Standards of Quality and Packing for RSS3
Grades regulated by IRQPC (the Green Book revised in 1979).
5.2
The imported RSS3 product to be delivered is valid for 18 months since the day
on which the commodity inspection certificate is issued. The quality inspection
certificate (or inspection report) for stored RSS3 is valid for 6 months since the
day it is issued. After expiration, such certificate shall be re-tested for the next
delivery.
5.3
The Warehouse Receipt of RSS3 (RV) is valid for 6 months and will be
automatically cancelled if it expires. The dealer holding Warehouse Receipt
may re-apply for Warehouse Receipt before it expires.
5.4
For Each Warehouse Receipt thereof, it shall have the same band, same quality
standard, and the same batch number.
5.5
The RSS3 is wrapped with thin sheet; the weight for each delivery batch shall
be the same with a delivery unit containing 9 lots of 111.11 kg per unit.
5.6
The Warehouse Receipt is measured in 10 tons per order or an integral multiple
of that.
5.7
The delivery weight for RSS3 represented in each warehouse receipt shall be 10
tons or a number of integral times.
VI.
Cash deposit
In order to guarantee the successful implementation of the contract, when
entering into the contract, the cash deposit is paid by the seller and the buyer in
accordance with the Management Methods for Spot Trading at Tianjin Bohai
Commodity Exchange and Details Rules of Tianjin Bohai Commodity Exchange
for Clearing. The cash deposit is 20% of total contract value based on the
settlement price of which the delivery is successfully matched.
VII. Payment settlement
After entering into the contract(after successfully matched), the settlement of
payment is conducted in accordance with the Management Methods for Spot
Trading at Tianjin Bohai Commodity Exchange, Detailed Rules of Tianjin
Bohai Commodity Exchange for Spot Trading of RSS3(RV) and Notes of Tianjin
Bohai Commodity Exchange on Foreign Currency Settlement for Spot Trading
of RSS3 (RV).
VIII. Delivery system charges
When conducting physical delivery, both the buyer and the seller agree to pay 5
Yuan/ton to the Exchange as delivery system charges.
IX.
Change of ownership
When the physical delivery is made between the seller and the buyer, the seller
shall provide the buyer with full set of relevant documents in accordance with
the Measures of Tianjin Bohai Commodity Exchange for Spot Delivery of RSS3
(RV), so as to assist the buyer to complete the change of ownership or customs
clearance.
X.
Liability for breach of the contract
10.1 In accordance with the Management Methods for Spot Trading at Tianjin Bohai
Commodity Exchange and the related rules of the Exchange, the buyer is
deemed to breach the contract in case of one of the scenarios occurs as follows:
10.1.1 Failing to timely pay sufficient cash deposit or payment to the Exchange;
10.1.2 Failing to submit the documents required for ownership change and customs
clearance and within the specified time;
10.1.3 Failing to submit the remittance documents required by the bank within the
specified time.
10.2 In accordance with the Management Methods for Spot Trading at Tianjin Bohai
Commodity Exchange and the related rules of the Exchange, the seller is
deemed to the breach of the contract in case of one of the scenarios as follows:
10.2.1 Failing to timely and sufficiently submit the cargos corresponding to
Warehouse Receipt;
10.2.2 The delivered commodity is inconformity with the quality standards as
specified in the contract;
10.2.3 Failing to timely submit the full set of relevant documents to affect the change
of customs ownership or customs clearance;
10.3
XI.
As any party herein violates the contract, the default party shall bear the
liability for breach of the contract to the observant party in accordance with
the Management Methods for Spot Trading at Tianjin Bohai Commodity
Exchange and related rules of the Exchange.
Exemption clauses
11.1 In case of the earthquake, typhoon, fire disaster and the significant change of
state's policy or the force majeure where the contract is not fully or partially
implemented. The liabilities thereof shall be fully or partially exempted
according to the influence of force majeure. In case that failing to implement the
contract owing to the force majeure, one party shall timely inform the other
party.
11.2 If the contract is not fully or partially implemented due to the policy and legal
cause, each party herein could be fully or partially exempted from the liabilities.
XII. Contract signing
12.1 Both the seller and the buyer could input the transaction password through their
dealer's seat to enter the Exchange's e-trading system. The contract shall come
into force on the day when it is established.
12.2 The transaction code, trading time and transaction password corresponding to
the contract shall be deemed as the electronic signatures of both the seller and
the buyer.
XIII. Other clauses
13.1 The unexhausted matters herein shall be implemented by both the seller and
buyer in accordance with the Management Methods for Spot Trading at Tianjin
Bohai Commodity Exchange and related rules of the Exchange.
13.2 Any disputes arising from or related to the implementation of the contract shall
be solved by the seller and the buyer through friendly negotiation or mediated
by the Exchange; if such disputes are not solved through negotiation, they shall
be submitted to Tianjin Arbitration Committee for arbitration.
13.3 After the contract concluded, it will be saved as data message in the server of
the Exchange’s e-trading system. The Exchange may provide papery contract to
either party if applying by written application.
13.4 The contract is interpreted by the Exchange according to the rules as stipulated.
13.5 Two copies of this Contract separately held by both parties and the faxed copy
and the original shall have equal legal effect.
【Exchange Announcement】 This contract is designed for conducting RSS3 (RV)
e-spot trading for both parties after delivery application and successful matching
by the Exchange’s e-trading system.
Hereby confirm.
The Seller:
(Seal)
Legal Representative (Signature)
(Or Authorized Agent)
The Buyer:
(Seal)
Legal Representative (Signature)
(Or Authorized Agent)