Sales contract SU8X301. (2007).

Recuperado de la base de datos de UESAN (035199)

Contract Number N SU8X301

(In two identical counterparts)
Page 1 of 2

SALES CONTRACT SU8X301

On November 12th, 2007 the below mentioned parties have concluded the present sales contract, upon the following terms and
conditions:
1. SELLER

Corporacin Nacional del Cobre de Chile (also Codelco).

Hurfanos Street N 1.270, Santiago, Chile.
Phone: 56-2-6903000
Fax: 56-2-672-1473 or 56-2-6903059
E-mail: MolyContracts@codelco.cl

2. BUYER

AB Sandvik Materials Technology

S-811 81 Sandviken, Sweden.
Phone: 46-26-263421
Fax: 46-26-264488
E-mail: goran.laren@sandvik.com

3. MATERIAL

Roasted Molybdenum Concentrates as Carbon Free Briquettes.

4. QUANTITY

Base Quantity
: 391 MT of material.
Mutual Optional Quantity : 204 MT of material.

5. QUALITY

Mo
Pb
S

6. PACKAGING

In drums on pallets.

7. DELIVERY

DDU Buyers plant.

8. SHIPMENT
PROGRAM

Base Quantity: 34 MT of material per month from January 2008 through June 2008, 17 MT of
material during July 2008 and 34 per month from August through December 2008.
Mutual Optional Quantity: 17 MT of material per month to be declared not later than 45th day
prior to the beginning of the corresponding month.

9. PRICE

Will be 100% of the average of the high and low Dealer Oxide quotations as published every
Monday by Metals Week during the quotational period, plus a surcharge for Carbon Free
Briquettes of US$ 0.15/Lb Mo.

57 % Min.
0.05 % Max.
0.10 % Max.

Cu
P

0.50 % Max.
0.05 % Max.

Bi
C

0.02 % Max.
0.05 % Max

10. QUOTATIONAL
PERIOD
:

The month prior to the contractual month of delivery (M-1).

11. PAYMENT

Shall be made in U.S. Dollars for 100% of the invoice value not later than 30 days after delivery
date. Those funds should be at the disposal of Seller latest on value date. Payment to be made by
cable transfer to the account N 36992021 Citibank N.A. New York, also indicated by the Seller
on the invoice net to Codelco. All banking fees and expenses are on Buyer`s account.

12. WEIGHTS AND

:
ASSAYS

13. RETENTION
OF TITLE

Weights and assay per lot as certificated by Codelco will be final for settlement. However, if
Buyer finds a difference more than 0.5% on weights and/or assay within a maximum period of
60 days after delivery date that could not be settled by both parties, an independent supervision
firm and/or an umpire assayer will be mutually agreed upon. Weighing results ascertained by the
independent supervisor shall be final for the lot. Analysis results informed by the assayer shall be
final for the lot, provided result lies within the analysis of the parties, otherwise the final result
shall be the middle of the three results. Cost of the supervisor and/or umpire assayer shall be
borne by the party whose weights and/or assays are furthest from those of the supervisor and/or
the umpires assayer, or be equally shared if the supervisors and/or umpires assayer result is the
exact mean of the parties results. Weighing and sampling operations shall be carried out under
the Procedure for the Weighing and Sampling of Technical Grade of Molybdenum Oxide and for
assaying of Technical Grade of Molybdenum Oxide, Guidelines from the International
Molybdenum Association.
The Seller retains absolute legal ownership of its title to property of the goods sold under this
Contract until full payment of the corresponding invoice has been duly made by the Buyer to the
Seller and has been duly received and acknowledged by the Seller.

Contract Number N SU8X301

(In two identical counterparts)
Page 2 of 2
14. WARRANTY OF
EXISTENCE AND
AUTHORITY :
Where this Contract is signed by a person for and on behalf of a party, that party: (i) warrants that
(a) it is duly organized and validly existing under the laws of the jurisdiction of its organization
and incorporation and in good standing under such laws, (b) the person who signs this Contract is
the authorized agent of that party with express authority to enter into and signs this Contract for
and on behalf of that party, and thereby to bind that party to the obligations upon that party
contained in this Contract, and (c) its obligations under this Contract constitute its legal, valid and
binding obligations, enforceable in accordance with its terms; and (ii) acknowledges that the other
party to this Contract would not have entered to this Contract but for the warranties contained in
this clause. Except as otherwise specified herein, the Seller extends no representations or
warranties of any kind with respect to the Material, express or implied, and expressly disclaims
any warranties contained under Article 35 Section 2 of the United Nations Convention on
Contracts for the International Sale of Goods.
15. EXECUTION

This Contract will only be effective if in writing, including writing evidenced by a facsimile
transmission, and executed by each if the parties, or confirmed by an exchange of electronic
messages on an electronic messaging system, and may be executed in any number of original
counterparts. All such counterparts shall constitute one and the same instrument. Counterparts may
be executed in faxed form and the parties shall accept any signatures received by a receiving fax
machine as original signatures of the parties.

16. AMENDMENTS:

Neither this Contract nor any term of it may be amended, supplemented or waived except by a
written instrument dated and signed by both parties, including writing evidenced by a facsimile
transmission or confirmed by an exchange of electronic messages on an electronic messaging
system. No waiver by either party of a failure by the other party to perform an obligation hereunder
shall extend to any future performance obligation.

17. HEADINGS

The headings used in this Contract are for convenience of reference only and are not to affect the
construction of or to be taken into consideration for the purpose of its interpretation.

18. GENERAL
CONDITIONS

This Contract includes and is subject to all the terms and conditions stated in an overleaf entitled
General Conditions. It is understood and agreed that should there be any contradiction between
the General Conditions and the provisions established in the above clauses, the latter shall govern.
This Contract supersedes all prior arrangements among the parties, whether oral or written, and
constitutes the entire understanding between the parties concerning the subject of this Contract.

Signature:
For Buyer: AB Sandvik Materials Technology
Name:
Position:

Signature:
For Seller: Codelco
Name:
Position: