INBOND SALES BOND FORMAT:

From:                                                                                 TO:    

Seller Name & Address                                                Buyer Name & Address

  

         THIS AGREEMENT IS EXCUTED AT CHENNAI ON 01TH DAY OF APRIL 2011

BETWEEN

M/S. Seller Address hereinafter called “the seller”, which expression shall, unless repugnant to the, context or meaning hereof, mean and include its successors and assigns of the First Part:

AND

M/S. Buyer Address hereinafter called “the seller”, which expression shall, unless repugnant to the, context or meaning hereof, mean and include its successors and assigns of the Second Part:

WHEREAS the seller has imported a consignment of goods comprising of 1104 Cartons of Furnitures arrived on Callao Bridge V.014 from Shekou, Guangdong, and the consignment is currently bonded in Customs Ware House in Chennai (India).

And WHEREAS the Buyer is interested to buy the said 1104 Cartons of  Furnitures referred to hereinafter.

And WHEREAS the Seller has agreed to sell the said goods to the buyer on the terms and condition appearing hereinafter.

1. The Seller hereby sells the consignment comprising 1104 Cartons of Furnitures to the Buyer as detailed in the invoice No. S101 Dt. 01.04.2011 in pursuance to this agreement for a consideration of Rs. Nineteen Lakhs Eleven Thousand Seven Hundred and Eighty Eight only (Rs.19,11,788)

2. The Buyer has agreed to pay a sum of Rs. Nineteen Lakhs Eleven Thousand Seven Hundred and Eighty Eight only (Rs.19,11,788) being the full sale consideration against transferring Name/Title.

3. The ownership and the title of the goods are transferred upon delivery of goods in the warehouse of the Buyer.

4. The title of the goods stands transferred to the Buyer upon delivery of the goods in the warehouse of the Buyer.

5.    The Buyer shall be responsible for the entire expense for clearance of goods including the clearing charges and other levies, Demurrage, transport etc at its own cost and expenses.

6.  At the time of this agreement to sell, the material is in the customs Bonded Ware House, in the customs frontier of India.

7. This sales is effected on Bond to Bond Basis within the meaning of section 5(2) of the Central Sales Tax Act, 1956 and, therefore, no sales tax is payable in respect of this sale.

8. The Seller has taken Insurance policy to insure the risk of the consignment upto the warehouse of the buyer. Therefore the Buyer will not be responsible for damage or loss in transit etc. of the goods.

9. In case the Buyer fails to take delivery of the good for any reason whatsoever, the Buyer be responsible for all losses and damages.

10. The agreement is subject to Chennai Jurisdiction.

11. Any amendments or supplements to this agreement are valid only if they agrees upon by both the  parties in writing and signed by the authorized representatives of both the parties and executed before arrival of the goods at the customs frontier in India.

AUTHORIZED SIGNATORY                             AUTHORIZED SIGNATORY

          (SELLER)                                                  (BUYER)

 

WITNESSES:-

1.

2.

EPCG BOND FORMAT:

UNDERTAKING BOND

THE PRESIDENT OF INDIA

ACTING THROUGH THE COMMISSIONER OF CUSTOMS,
CUSTOMS HOUSE

RAJAJI SALAI

CHENNAI 600 001.

By this bond we, M/s. Noor Leather Exports, No.14, I Floor, Adam Sahib Street, Royapuram, Chennai, T. Nadu 600 013   as the importer (which expression shall include its Successors, Heirs, Executors, Administrators and legal administrators and legal  Reprehensive) are held and firmly bound unto the president of India hereafter be held the president (which expression shall mean his successors and signs ) for the payment to him of the sum of Rs. 13,70,237.00  (Rupees Thirteen Lakhs Seventy Thousand Two Hundred & Thirty Seven Only).

Whereas the importer have requested at the time of clearance to the effect that the Leather Industry machinery   as per Licence at a specified premises  for Leather  Industry (Manufacturer Exporter ), whereas they have been allowed to import such machines fully described in the list of goods attested of EPCG license bearing No.0430009701/5/12/00 dt. 22.03.2011 at the concessional rate of @  0% duty subject to the terms and conditions specified in the customs notification No.102/2009 dt.11.09.09 customs in respect of goods imported and covered by the valid license issued on or after 17/09/2004 under EPCG Scheme subject to the conditions written hereunder.

Dated this day of  27^th April 2011.

Now the above written obligation is conditioned to do void in case the importer shall prove to the satisfaction of the commissioner of customs, within three months from the date hereof that the capital goods have been imported in accordance with the conditions specified under Para 5.8 of 2009 - 2014 have been complied with

AND IT IS HEREBY DECLARD AND AGREED THAT:

1. we submit that the goods imported and mentioned in the schedule hereunder are covered by valid EPCG license No. 0430009701/5/12/00 dt. 22.03.2011 issued in terms of in Para 5.8 of the export and import policy 2009-2014 permitting imported goods at the rate 0% duty and the said license will be produced for debit of the proper officer of customs at the time of assessment before clearance.

2. We hereby undertake to fulfill the export obligation equivalent to eight times of the duty saved announce of the goods imported or for such higher sum as may be fixed by the licensing authority with in a period of 6 (six) years from the date of issue of the said license in the following proportions:

SL. NO                   PERIOD FROM THE DATE                      PROPORATION OF

                             OF ISSUE OF LICENCSE            TOTAL E O IN PERCENTAGE

a)                            1^st and 4^th year                                                  50%

b)                            5^th and 6^th year                                                 50%

Provide that export obligation of a particular year/block may be set off by the excess exports made in the proceeding year / block

3. We herby also undertake to produce within thirty days of the expiry of each year/block from the date of issue of license from 5^th year or within such extended period as the Asst / Deputy Commissioner of Customs may allow, evidence to the satisfaction to Asst / Deputy Commissioner of Customs showing the extent of export obligation fulfilled and where export obligation of any particular block of 2 years is not fulfilled and where export obligation of (proceeding conditions, the  importer shall within three months from the said block pay duties of customs of an  amount equal to the proton of the duty liable on the goods but for the exemption contained herein which bears the same proportion as the unfulfilled portion of the export obligation together with at the rate of 15% interest per annum from the date of clearance of goods.

4. If the importer fails to discharge a minimum of 25% of the export obligation prescribed for any particular year / block for three consecutive years be liable to pay forth with, the whole of duties of customs livable on the goods imported but for the exemption contained in the notification together with interest at the rate of 15% per annum from the date of clearance of the goods.

5. On demand we will pay the liable, together with interest @15% per annum in case we fail to fulfill the export obligation with the stipulated time and in the manner as mentioned above.

6. This bond has been executed under the order of central government in which the public are interested.

7. Any amount becoming due by us under this bond may be recovered sub section (I) of Sec.142 of customs Act 1962 without prejudice to any other mode of recovery.

8. If the goods are used by the importers for purpose other than those specified in this bond, be shall be without prejudice to any liability that may liability that may incur also be liable to such penalties may be imposed by the Commissioner of customs under Customs Chennai under Customs Act 1962.

9. The above export obligation conditions shall be independent of any other export obligation condition imposed in letter of indent industrial license / foreign collaboration approval or any other export obligation. However if the exporter achieved export of 75% of the annual value of production of the relevant exports obligation under this scheme shall be sub summed under the export provided that the aggregative value of such exports during the specified period shall not be less than the aggregate value of export obligation fixed under Para 5.8 of exim policy 2009-2014.

10. Not withstanding anything contained above, irrespective of the export obligation period the bond shall be valid for a period of Seven years from the date of execution.

                                                    SCHEDULE

1.   BE No & Date                                          :                                              

2.   IM No & Line No                                     :

3.   BL NO & Date                                         :

4.   Vessel Name                                             :

5.   Description                                                :

6.   No of Packages                                         :

7.   Quantity & Weight                                   :

8.   Customs Tariff Heading                           : 84538000

9.   EPCG License No & Date                        : 0430009701/5/12/00 dt. 22.03.2011

10. Total EPCG License Value (duty saved) : Rs.13,70,237.00

11. CIF Value                                                 :

12. Assessable Value                                      :

13. % OF Merit Rate of duty                         : 7.5% + 10% + 3% + 3%+ 4% SAD

14. Duty amount on Merit                              : Rs.13,70,237.00

15. % On Concessional Rate of Duty             :  0% + 0%

16. Duty Amount at Concessional Rate         : 0

17. Difference in Duty                                    : Rs.13,70,237.00

18.  Bond Amount                                          : Rs.13,70,237.00

                                                                              Signature of Importer with seal

WITNESS:-

1.                                                               ACCEPTED FOR AND ON BEHALF OF 

                                                                       THE PRESIDENT OF INDIA

2.

                                                   The DEPUTY COMMISSIONER OF CUSTOMS                                                                                                        CHENNAI.

HIGH SEA SALES AGREEMENT FORMAT 1:

High sea sale agreement

WHEREAS M/s. Outsourcepartners International Pvt Ltd., having its registered office at Tower – 2D, Phase I, Vikas Telecom Ltd – SEZ, Vrindavan Tech Village, Deverabeesanahalli, Outer Ring Road, Bangalore – 560 037, hereinafter calloed the “seller” which expression shall mean and include its successors and assignees etc., on one part and M/s. Soundarya Decoratos Pvt Ltd,     

Plot 26,23, Porur Village, Kolathyr Post, Keezhkottaiyur, Chennai – 600 048. Hereinafter called the ‘Buyer” which expression  shall mean and include its successors and assignees etc., on the other part.

WHEREAS the seller has placed on order to buy certain goods from M/s. Buildersmart Public Company ltd., Hereinafter called “Foreign Suplier” hereby agrees to sell the said goods to the buyer on high seas

Details of the agreement:-

1.    Name and address of the buyer                                        

                                                                                                                                   

2.    Name and address of the seller                                         

3.    Name and address of the Foreigh supplier                        

4.    Description of Goods/Equipment and the quantity            

5.    shipment details

HAWB No            :

MAWB No            : 217 32170666

No of packages   : 1 PKG 

Gross Weight      : 240 KGS

6.    sales Price  : Rs.3.61,000.00 (Rupees Three Lakhs Sixty One Thousand Only)

 

7. Delivery

     By transfer of Delivery Order against the HAWB No./Bills of Ladind dated. All the rights and title to

the goods will be transferred by the seller to the buyer by endorsing AWB/Bill of Ladding/Delivery Order in favour of the buyer before the said goods cross the frontiners/customs barriers of India

8. Customs duty and clearance

     In view of the disporsal of goods/equipment on High Sea sales basis and tranasfer of title by the      seller in favour of the buyer. It is the buyer who is responsible for beraing the custom duties and custom clearance, however seller has agreed to custom clear & deliver the shipment on behalf of buyer.

9. Insurance                       

     The seller has already covered insurance from Orginshipment port to destination port.

10. Sales tax

      Sales tax is not applicable for goods transacted for sasle on High Seas Basis u/s 5(2) of the CST Act.

11. Payment and consideration.

      Payments for goods being sold by the seller to the buyer on high sea sales basis will made as per sellers invoice as per the terms and conditions of the buyers Purchase Order

12. Post Procedure

      The buyer shall surrender to the seller, the exchange control copy of the Bill of Entry and other documentary proof of having cleared the goods from the Customs as required by the  seller for submission to the Bank and RBI or any other state or Central Government Agency & if the during course of delivery of goods to the buyer if any other local levy such as Octrol, road tax, entry tax etc. levied, the same as to be reimburshed by the buyer to the seller.

13. Force Majeure

       These High Sea sales shall subject to force majeure.

14. Dispute Reasolutions

      In  case of any dispute arising in connection with the exercution of the above agreement, the same shall be governed by the Law of India subject to the jurisdiction of the arbitrastor to be appointed. The venue of arbitration shall be Delhi.

Seller Name & Address:                                                                     Authorised Signatory

 

IEC No.

PAN No.AAFCS8646 C 

We, the buyer, hereby accept and ageree to above sales conditions by our seal and signatures below

Buyers Name & Address:                                                                   Authorised Signatory

                       

Date: February 2012