Under these conditions, the Exporter is the only responsible party for the commercial fulfillment of the obligation stipulated in the present contract, the Exporter will, therefore, also assume the economical responsibilities, which might arise from Buyers or others.

1) Quality
Peruvian merchantable fishmeal of good quality, free of mammal bones and/or mammal bone silver. Basic specifications of each element as indicated above. The Exporter guarantees that this meal is free from salmonella at time of shipment and for this purpose will furnish the corresponding certificate issued by International recognized surveyor.
Allowance for less protein to be paid by Exporter at pro rata. Excess free to Buyer.
Deficiency in protein content for FAQ Fishmeal starts as of 64%. Excess in other elements to be allowed by Exporter at the rate 1:1, allowances to be considered with corresponding credit note and to be deducted from the amount of invoice at negotiation of documents.

2) Packing and marks (applicable to bagged fishmeal only).
Packed in new woven polypropylene bags, suitable for export, containing about 50 Kg., each, gross for net. Weather and/or discolored and/or stained bags during course of normal storage are still considered suitable for export.
Marks of the parcel covered by contract will be agreed upon by Buyer and Exporter.

3) Weight
The weight of the goods shall be ascertained on loading of the goods by 100% weighing according to customs of the port, and same to be considered final.

4) Appropriation
Notice of appropriation to be sent by telex, fax or cable within 14 days after Bill of Lading date.

5) Buyer’s supervision
The Buyer is entitled to nominate latest 10 days before the first day of the period of shipment and at his expenses, a representative to supervise the weighing and/or sampling and/or loading of the goods.

6) Sampling and analysis
Shall be final at time of loading.

7) Payment terms
The Buyer must open through a first class commercial bank, and irrevocable letter of credit confirmed and payable by a bank in Lima, Peru, in U.S. dollars at sight against first presentation of shipping documents, covering 100% of total contract value, including tolerance if any, that must be in hands of Exporter 5 working days after conclusion of business.

The letter of credit must be available against the following shipping documents:
-Full set clean on board Bill of Lading. Charter Party Bill of Lading acceptable.
-Commercial Invoice.
-Pre-shipment survey report.
-Quality certificate
-Bacteriological certificate.
-Sanitary certificate.
-Certificate of Origin
-Weight certificate
Note.- Quality, bacteriological and sanitary certificates could be incorporated in one document only.
Any additional clause not mentioned herein or any additional shipping documents or certificates, other than above, or any specifications regarding stowage factor and or stowage methods are not to be included in the letter of credit.
The letter of credit must state that in case of protein deficiency and/or excess in other elements, the payment must be liquidated in accordance with the paragraph “1.-Quality”.
Shipping documents must be negotiated in Lima/Peru, within 21 running days from Bill of Lading date.
If the letter of credit is not issued as above mentioned, the Exporter will not authorize the shipment, and will not be responsible for any dead freight; Buyer to be responsible for dead freight in case of C&F sale, as well as all other expenses incurred by the Exporter.
All costs related to the issuance and payment of the letter of credit, will be for Buyer’s account; confirmation expenses in Peru, for Exporter’s account.
The discrepancies found by Exporter in the letter of credit and requested to be amended, shall be amended by the Buyer. The cost of these amendments are for Buyer’s account.

8) Fumigation
Vessel Chartered by the Buyer must accept fishmeal fumigation with Phosphamine or their equivalent at the time of finishing loading. Any decision against this labor will be of Buyer’s responsibility.

9) Insurance
To be covered by Buyer for their account, covering all risks including Institute cargo clauses.
Insurance policy must cover heat and/or heating, sweat and/or sweating, spontaneous combustion and caking, whether caused by inherent vice or not, excluding natural loss in weight and/or shrinkage. General average and salvage charges payable in full irrespective of insured and contributing values, including war, strike, riots, civil commotion and malicious damage subject to Institute clauses. The insurance should be valid for vessel’s complying with the London Institute classification clauses. Exporter will not be responsible for a claim under the above mentioned risks. Exporter will not be liable for any penalty or claim that might arise under this contract in respect of the terms under Buyer’s insurance policy appertaining to ships, flags of same, owner, master or any other term and condition not covered by Exporter’s insurance policy.
Exporter’s responsibility excludes the risk of insurance coverage.

10) Force Majeur
Exporter shall not be responsible for delay in shipment of the goods or any part thereof occasioned by any act of God, strike, lockout, riot or civil commotion, combination of workmen, breakdown of machinery, fishing ban , fishermen strike at loading port specified in the contract, fire or any cause included in the terms force majeur. If delay in shipment is likely to occur for any of the above reasons , shipper shall give notice to their Buyer by cable, telegram, telex or similar within seven consecutive days of the occurrence, or not less than twenty one days before the commencement of the contracted shipping period, whichever is later. The notice shall state the reason(s) for the anticipated delay. If after giving such notice an extension to the shipping period is required, then shipper shall give further notice not later than two days after the last day of the contractual shipment period stating the port or ports of loading from which the goods were intended to be shipped, and shipments effected after the contract period shall be limited to the port or ports so nominated. If shipment is delayed for more that one calendar month, Buyer shall has the option of canceling the delayed portion of the contract, such portion to be exercised by Buyer giving notice to be received by Exporter not later than the first business day after the additional calendar month. If Buyer do not exercise this option, such delayed portion shall be automatically extended for a further period of one calendar month.
If shipment under this clause is prevented during the further one month’s extension, the contract shall be considered void. Buyer shall have no claim against Exporter for the delay or non-shipment under this clause, provided Exporter shall have supplied to Buyer, if required, satisfactory evidence justifying the delay or non-fulfillment.

11) Default
In case of non fulfillment of any of the contract conditions by either party, the other will require by telegram, cable, telex or similar advice the fulfillment of the pending obligations within the two following business days.
If the non fulfillment subsist after the two mentioned days, the injured party will have the right to consider the application of the corresponding penalties.

12) Other conditions
Other terms and conditions, including arbitration, not expressed herein as per Grain and Feed Trade Association, London (GAFTA) contract No. 118 for FAS or FOB, or No, 107 for CFR FCL; the interpretation of the foreign trade definitions are those of the INCOTERMS, last valid version.

are those of the INCOTERMS, last valid version.