Contract № 100

Chicago

November 25, 2010 

“Kakoy Tchudesny Den OOO”, hereinafter referred to as “the Seller”, represented by its president Denis E. Zamanushkin, acting on the authority of the Charter, forming one Party, and the company “Elixir”, hereinafter referred to as “the Buyer”, represented by its director general Elton Vice-Versa, acting on the authority of the Charter, forming the other Party, together referred to as “the Parties” have agreed as follows:

1. The Seller shall sell and the Buyer shall buy hereunder the goods, hereinafter referred to as “the pink-blue bar counters with fairy creatures and miraculous places images”, to the sum, in the quantity, in assortment and at prices, stated in the Enclosure hereto, forming an essential part hereof.


2. The prices for the pink-blue bar counters with fairy creatures and miraculous places images are fixed in boliviano and are understood to be FCA (Incoterms) including the cost of packing and marking. The prices are firm and not subject to any alteration.


3. In case of defective or incomplete delivery, the Seller is to make a replacement and additional delivery of the pink-blue bar counters with fairy creatures and miraculous places images for its own account within 30 calendar days since the date of making the claim.


4. The pink-blue bar counters with fairy creatures and miraculous places images are to be delivered within 30 days since signing the Contract in accordance with the Enclosures hereto. The date of delivery is considered to be the date of the clean-on-board Bill of Lading.


5. Outer and inner packing should provide full safety and protect the pink-blue bar counters with fairy creatures and miraculous places images from any damage during transportation by all kinds of transport involving several transshipments en route.


6. The Seller is to cable the Buyer within 24 hours after dispatch of the pink-blue bar counters with fairy creatures and miraculous places images stating the following data: date of shipment, Contract №, name of the goods, number of cases, weight, ship’s name, B/L №, Trans №.


7. If the Seller fails to deliver the pink-blue bar counters with fairy creatures and miraculous places images fully or partially to the port of shipment by the time stipulated in Clause 2 hereof and fails to inform the Buyer within 30 days, all the expenses connected with the dead freight or demurrage shall be for the Seller’s account. For non-notification or late notification of the executed dispatch of the pink-blue bar counters with fairy creatures and miraculous places images the Seller pays the Buyer a penalty at the rate of 25 per cent of the value of the shipped pink-blue bar counters with fairy creatures and miraculous places images.


8. Payment for the delivered pink-blue bar counters with fairy creatures and miraculous places images is effected in boliviano under an Irrevocable Confirmed and Divisible Letter of Credit opened by the Buyer in the name of the Seller.


9. Payment for the pink-blue bar counters with fairy creatures and miraculous places images delivered hereunder and for the delivery is effected with 100 per cent advanced payment via bank transfer to the Seller’s account.


10. The indicated price for the pink-blue bar counters with fairy creatures and miraculous places images includes VAT, cost of transportation of the goods to the Buyer and any other Supplier’s expenses connected with the execution of the present Contract.


11. Claims can be made in respect of the quality of the pink-blue bar counters with fairy creatures and miraculous places images should it not correspond to that stipulated herein.


12. Should any circumstances arise preventing either of the Parties from fulfilling their respective obligations hereunder fully or partially, namely: fire, acts of God, war, military operations of any character, blockade, ban on import or export, landing of more than two glamorous alien space ships, the date of performance of their obligations is put off proportionally to the period such circumstances will remain in force.