FOB CRUDE OIL SALES AGREEMENT
离岸原油销售协议
This is to confirm the Agreement between us as follow:
我们之间的协议现来确认如下:
Parties:
当事人:
SELLER- SAUDI ARABIAN OIL COMPANY, A COMPANY WITH LIMITED LIABILITY ORGANIZED UNDER THE LAWS OF THE KINGDOM OF SAUDI ARABIA
卖方:沙特阿拉伯石油公司,一家依照阿拉伯法律下的有限责任公司。
BUYER- A COMPANY INCORPORATED UNDER THE LAWS OF买方: 国家法律下的股份有限公司
Term of Agreement
合同条款
This Agreement shall be effective as of and shall continue tin effect through and including with automatic one-year extensions thereafter unless terminated at the option of either party,other than for cause,upon at least sixty(60)days written notice prior to the expiration of the original term or,if applicable,any subsequent anniversary date.
此合同自。。起开始生效。若双方未提出终止合同,该合同将自动延期一年。在终止期前至少60天开出书面证明原始条款有效,如果适用的话,其后任何年均可继续生效。
Grade,Quantity and Quality:
数量和质量等级
3.1 Subject to availability and the production policies determined by the
Government of the Kingdom of Saudi Arabia,SELLER shall deliver and sell to BUYER and BUYER shall lift or receive and buy from SELLER a total of { quantity in numbers and words}
Barrels per day of Arabian Light crude oil, minus up to ten percent(10%)if BUYER s or SEELERs option,or plus up to ten percent (10%)if BUYER so requests and SELLER agrees. Additional volumes of crude oil of similar or different grades may be delivered under this agreement as the parties may from time to time agree.
依据由沙特阿拉伯政府出台的有效相关产品政策,卖方应该将货物发送并卖给买家,买家也应该接受并且同意接手从卖方手里买的总数{插入数量的数字和文字}-------阿拉伯轻质原油,数量的上下幅度为总数量的10%。如果买家这样要求并且卖家同意的话。额外大量的原油同品级的或是不同品级的将会遵从买卖双方的意愿按照合同的要求发货。
The availability of each grade of crude oil specified in Paragraph 3.1 will be advised by SELLER from time to time in accordance with the production policies of Government of the Kingdom of Saudi Arabia. Subject to availability, and underless otherwise mutually agreed, the quantitied of each grade of crude oil to be lifted or received and purchased by BUYER during the term of this Agreement shall be spread over the term of this Agreement as evenly as practicable.
每个可用的原油等级的表述在条款3.1,根据沙特王国的生产政策通知给卖方。双方同意,每个品级的原油数量被买房收到和被购买的,在被协议期限之内,将会遍及又很轻的实用性的条款。
Notwithstanding anything to the contrary contained else where in this Agreement and without prejudice to any other rights or remedies available to SELLER hereunder if at any time BUYER,for at any reason other than force majeure(as defined in Paragraph 11.6)or a reason attributable to SELLER, fails
to lift or receive and purchase quantities of crude oil in accordance with this Paragraph 3, SELLER may at one time or from time to time thereafter, at its sole discretion, and upon notice to BUYER, reduce any or all quantities and grades of crude oil which BUYER would have otherwise been entitled to lift and buy.
尽管任何相反的1包含在这个协议和其他地方不影响其他权利或补救措施提供本协议项下卖方有任何时候,如果买方在任何理由,不可抗力除外)项所定义的(11.6)或一个原因致使卖方不能提升,或接受和购买数量的原油依照本第三项规定,卖方可以在同一时间或从时间,以时间之后,行驶他的自由决定权,在通知买方,减少任何或全部数量、等级的原油,否则会被买方有权解除选购。
The quality of each grade of crude oil delivered hereunder shall be the usual quality of that grade being made available by SELLER at the time of loading of the crude oil at the SELLER's loading port in Saudi Arabia. SELLER warrants that it has good and marketable title to the crude oil, free and clear of all charges, liens and encumbrances but THERE ARE NO GUARANTEES OR WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS OR SUITABILITY OF THE CRUDE OIL, FOR ANY PARTICULAR PURPOSE OR OTHERWISE, WHICH EXTEND BEYOND THE DESCRIPTION OF THE CRUDE OIL AND ANY SPECIFICATIONS THEREFOR CONTAINED IN THIS AGREEMENT.
每个品级质量的原油是日常质量的,由卖方在装船原油卖方装运港美国在沙特的卖方的装运港。卖方保证具有良好的所有权与市场的原油、自由和明确的、留置物的所有指控,但没有及抵押担保或保证,明示或暗示,适销,或适度性的原油、适合于某特殊目的性或其他的描述,超越了微生物对原油的任何规格因此包含在本协议。
Price:
4.1 The price per barrel of each grade of crude oil to be sold hereunder shall be the average of the means of Oman and Dubai crude oil quotations (as
published in Platt's Crude Oil Marketwire under the heading "Spot Assessment") for the entiremonth in which the Bill of Lading date falls, plus or minus a differential for each grade to be provided by SELLER to BUYER as per Paragraph 4.2.
每个品级的原油的每桶价格买的价格将会取阿曼和迪拜的原油报价的均值的平均数。(正如在泼辣托市场上的点评估标题下的),一整个月的提单在日落期,加或减一个不同对于每个品级的由卖方提供给买方如段落4.2中的。
On or before the fifth (5th) day of each month, SELLER shall notify BUYER of the differential to be used to determine the price per barrel of each grade of crude oil for sale under this Agreement during the following month ("Scheduled Month of Delivery"). Within five (5) calendar days after receipt of SELLER's notification as set forth in the preceding sentence, BUYER may elect to terminate this Agreement by delivering written notice thereof to SELLER. Unless BUYER elects to terminate this Agreement in accordance with the immediately preceding sentence, the price differential notified by SELLER shall apply. Termination by BUYER in accordance with this Paragraph 4.2 shall be effective as of the first day of the month following SELLER's receipt of BUYER's notice; provided, however, that termination under this or any other provision of this Agreement shall not affect the parties' rights and obligations with respect to deliveries of crude oil under this Agreement which were made prior to the effective date of termination; and further provided that in the event of termination hereunder or expiration of the Agreement, this Agreement shall remain in effect with respect to all crude oil for which delivery has been confirmed pursuant to Paragraph 6. The differential applicable to such crude oil shall be the differential which was in effect during the month prior to termination.
每个月第五天或是第五天之前,卖方需通知买方,习惯于决定每个品级的原油的每桶的价格在协议下的下一个月的销售(预订交货月)。在收到如前所
述的内容卖方在五个日历天之内通知,买家可能选择终止合同,通过发送书面证明的方式由此发给卖方。除非买方根据前述的内容终止协议,通知卖方的价格差异将被申请。由买方根据段落4.2的终止将会有效,自当月的第一天起根据卖方收到买方的通知为准,假使,然而,在规定条款下的此终止将不会影响到当事人的权利和义务希望原油按照合同的要求运送,在生效期前终止;如果是,在有效期内终止合同,合同将保持有效考虑到原油的运送确定依照段落6.在终止期前一直有效。
If delivery is at Yanbu, BUYER shall pay, in addition to the price calculated in accordance with Paragraph 4.1, the East-West Pipeline transit fee, currently U.S. $0.25 (twenty-five U.S. cents) per barrel.
如果是在yanbu卸货,买家将会付款,额外价格的计算将会根据段落4.1,中东管道运输费,当前为每桶0.25美元(25美分)
Should issuance of the Bill of Lading occur before or after the Scheduled Month of Delivery, the price of such cargo shall be calculated using the differential that would have applied had issuance of the Bill of Lading occurred in the Scheduled Month of Delivery; however, the Oman and Dubai Prices shall be calculated with reference to the Bill of Lading date, as set forth in Paragraph 4.1.
签发提单应该在预期装运之前或是之后,运价将会计算使用不同的应该被申请的已经签发的提单;然而,阿曼和迪拜价格将会按照提单的日期来计算,如前所述的段落4.1
Payment:
支付条款;
5.1 Payment for each parcel of crude oil sold shall be made in the full amount of SELLER's telexed or faxed invoice without discounts or deductions by BUYER to SELLER via electronic transfer in immediately available funds in U.S. Dollars to SELLER's account as follows: