1.1. The transaction procedure set out here is the mandatory CIF procedure set out by the refinery and is non-negotiable. Neither the Seller nor the Buyer has the power or authority to change, vary, waive or substitute the mandatory procedure set out by the refinery.
1.2. The Buyer acknowledges that the Seller is not the refinery.
1.3. The Seller has purchased the product from its own seller pursuant to the refinery's CIF procedure and is therefore bound to follow, and shall follow, the same CIF procedure in this transaction.
1.4. The mandatory CIF procedure is the Non-Negotiable CIF approved delivery procedures, as applied to the LC payment terms set out in Clause 2, which are as follows:
1.4.1. ICPO Submission
1.4.1.1. The Buyer issues an Irrevocable Corporate Purchase Order (ICPO) on the Buyer’s company letterhead in accordance and compliance with terms of this FCO, together with the draft copy of the proposed LC verbiage from the Buyer’s bank (Clause 2.1), and its Client Information Sheet (CIS) and corporate KYC documents, sent in accordance with Clause 4.
1.4.2. Draft SPA and Partial Proof of Product (POP)
1.4.2.1. The Seller issues the draft Sale and Purchase Agreement (SPA) to the Buyer.
1.4.2.2. The Buyer signs, seals, and returns the SPA to the Seller.
1.4.2.3. The Seller submits the draft LC verbiage to the Seller’s bank for review and final approval.
1.4.2.4. Upon approval of the LC, the Seller provides the Partial Proof of Product (POP) documents listed below.
1.4.3. Issuance of LC
1.4.3.1. Within 5 (five) banking days of SPA signature, the Buyer’s bank issues the operative Irrevocable, Confirmed, Divisible and Transferable Documentary Letter of Credit via SWIFT MT700, according to the approved bank verbiage, to the Seller’s bank, covering the value, and the confirming bank adds its confirmation.
1.4.4. Full POP and Performance Bond
1.4.4.1. Upon receipt and confirmation of the operative LC by the Seller’s bank, the Seller’s bank provides the Full Proof of Product (POP) documents to the Buyer’s bank along with a 2% Performance Bond (PB2%) via SWIFT MT760, covering the cargo value of the relevant cargo.
1.4.5. Shipment Commencement
1.4.5.1. Shipment begins as per the signed SPA’s delivery schedule.
1.4.5.2. SGS inspection at the loading seaport will be covered by the Seller, while the SGS inspection at the unloading seaport will be borne by the Buyer.
1.4.6. Payment
1.4.6.1. The Seller presents the documents listed in Clause 2.6 under the LC and receives payment at sight, 100% of the invoice value, The vessel discharges at Port of Destination.