Instructions:
1) The LOI must be typed on the Principal buyer's letterhead.
2) The LOI must be newly dated and no older than 3 business days.
3) The LOI must be in the verbiage and format listed below.
4) The buyer's Direct or Confirming Bank must be a Top 25 World Bank.
5) Buyer submits the LOI with a BCL
                          
                             LETTER OF INTENT                                                                        (Insert Date / spell out month)
I/We, _______________ (insert company name) of _______________________________ (insert full businessaddress / P.O. Boxes not accepted) hereby state and represent that it is our intention to purchase the following commodity as per the terms, conditions, specifications, quantity, and price stated below. I/we hereby confirm that under International Criminal Penalty of Perjury and Civil/Criminal Intent to Defraud, by signature below verify that I/we have the financial capability, including the necessary import permits, to complete the purchase. This representation is made with full corporate authority and responsibility of the above stated buyer.
Commodity:
Origin:
Specifications:
Total Contracted Quantity: (insert total quantity metric tons -/+ 5%)
Contract Length:
Shipments: (insert metric tons to be shipped per month) X (insert the number of shipment months)
Packing:
Inspection: Quantity, quality, weight, and photo(s) by SGS or Equivalent at seller's cost and at port of loading.
DestinationPort: (insert name of port and country)
Discharge Rate: (insert metric tons per day)
Target Price: (insert USD$ amount)
INCOTERM 2000: (insert FOB, CFR, or CIF)
Payment Instrument: Irrevocable, Confirmed, Divisible, _______________ (insert Non-Transferable or Transferable) _______________ (insert Payment Instrument: Bank Guarantee or Standby L/C or Documentary L/C) which will be fully funded for the entire contract value and payable shipment to shipment 100% at sight against shipping documents.
Performance Bond:
                                                                  
                                                                      Banking Coordinates of Buyer

L/C Issuing Bank
Bank Name:
Branch:
Bank's Full Address:
Telephone:
Fax:
Bank Officer's Name:
Title / Position:
SWIFT code:
Routing Number:
Account Name:
Account Number:

                                                                           Buyer's Confirming Bank
                                                                        (Must be Top 25 World Bank)
L/C Confirming Bank
Bank Name:
Branch:
Bank's Full Address:
Telephone:
Fax:
Bank Official's Name:
Title / Position:
SWIFT code:
Routing Number:
Please submit Full Corporate Offer. I/We understand that any and all offer’s and/or contracts are subject to Seller’s successful soft probe of buyer’s financial capability and bank account. I/We being of legal authority, grant the right and permission to Seller to conduct a soft probe of the following buyer’s bank account and financial capability listed herein.
Authorized Executive's Name:
Title / Position:
____________________________________                                                 ____________________________
Signature and Seal                                                                                                   Date

Bank Comfort Letter / Bank Capability Letter (BCL)

Ref. No._______________
Date: _________________
We, the undersigned Bank Officer/Manager with Full Banking responsibility for _______________ (insert name of bank) hereby confirm that our client ________________ (insert Buyer’s name), with account number_______________ is financially able to initiate the transaction involving the purchase of _______________ (insert quantity and product name) during the next _______________ (insert Period of time).
We understand the shipment face value of the needed Irrevocable, Confirmed, ________________ (insert terms of payment : Revolving, Documentary, or Standby) Letter of Credit payable at sight against shipping documents will be ________________ (insert USD$ in words) per shipment and the total value of the transaction for___________ (insert period ofcontract length) will be _______________ (insert USD$ in words).
We certify only that _______________ (insert buyer’s name) has sufficient funds on the account and / or sufficient Line of Credit with our Bank to complete the above transaction.
We guarantee that the _______________ (insert DLC, SLC) payment will be used for this transaction and will revolve from shipment to shipment during the duration of the contract should our above mentioned customer wish us to do so.

ACCOUNT NAME:
ACCOUNT NO. OF OUR CLIENT:
BANK OFFICER’S NAMES (require two with signatures below):
BANK NAME:
BANK BRANCH ADDRESS:
BANK PHONE NUMBER:
BANK FAX NUMBER:
BANK TELEX NUMBER:
BANK SWIFT CODE:
ROUTING NUMBER:
We have been informed by our client ________________ (insert buyer's name) that he/she/they authorizes Seller to conduct a Soft Probe on his/her/their account listed herein.  
___________________________
Authorized Signature & Bank Seal
(Designation of the person signing and printed name)           
___________________________
Authorized Signature & Bank Seal
(Designation of the person signing and printed name)  

NON-CIRCUMVENTION, NON-DISCLOSURE
& WORKING AGREEMENT

WHEREAS, the Undersigned wish to enter into this Agreement to define certain parameters of the future legal obligations, are bound by a duty of Confidentially with respect to their sources and contacts.

WHEREAS, the undersigned desire to enter a working business relationship to the mutual and common benefit of the parties hereto, including their affiliates, subsidiaries, stockholders, partners, co-ventures, trading partners, and other associated organizations (herein after referred to as “Affiliates”).

NOW THEREFORE in consideration of the mutual promises, assertions and covenants herein and other good and valuable considerations, the receipts of which is acknowledged hereby, the parties hereby agree as follows:

TERMS AND CONDITIONS:

1. The parties will not in any manner, solicit, nor accept any business in any manner from sources not their Affiliates, which sources were made available through this agreement, without the express permission of the party who made available the source and,

 2. The parties will maintain complete confidentially regarding each other business sources and/or their Affiliates and will disclose such business sources only to named parties pursuant to the express written permission of this party who made available the source, and,

3. That they will not in any of the transactions the parties are desirous of entering into and do, to the best of their abilities assure the other that the transaction codes established will not be affected and,

 4. That they will not disclose names, addresses, email address, telephone and telefax or telex numbers to any contacts by either party to third parties and that they each recognize such contacts as the exclusive property of the respective parties and that they will not enter into any direct negotiations or transactions with such contacts revealed by the other party and,

5. That they further undertake not to enter into business transaction with banks, investors, sources of funds or other bodies, the names of which have been provided by one of the parties to this agreement, unless written permission has been obtained from the other party(s) to do so. For the sake of this agreement, it does not matter whether information obtained from a natural or a legal person.  The parties also undertake not to make use of a third party to circumvent this clause.

6. That in the event of circumvention of this Agreement by either party, directly or indirectly, the circumvented party shall be entitled to a legal monetary penalty equal to the maximum service it should realize from such a transaction plus any and all expenses, including but not limited to all legal costs and expenses incurred to recover the lost revenue.                                                                                      

7. All consideration, benefits, bonuses, participation fees and/or commissions received as a result of the contributions of the parties in the Agreement, relating to any and all transactions will be allocated as mutually agreed.

8. This Agreement is valid for any and all transactions between the parties herein and shall be governed by the enforceable law in Indian Courts, Australian Courts, Canada Courts, USA Courts, UK Courts, Singapore Courts, Nigerian Courts, Dubai of United Arab Emirates Courts, or under Swiss Law in Zurich, in the event of dispute, the arbitration laws of states will apply.

 9. The signing parties hereby accept such selected jurisdiction as the exclusive venue. The duration of the Agreement shall perpetuate for five (5) years from the date hereof.

II . AGREEMENT TO TERMS

1. Signatures on this Agreement received by way of Facsimile, Mail and/or Email shall be deemed to be an executed contract.  Agreement enforceable and admissible for all purposes as may be necessary under the terms of the Agreement.

2. All signatories hereto acknowledge that they have read the foregoing Agreement and by their initials and signature that they have full and complete authority to execute the document for and in the name of the party for which they have given their signature.

ACCEPTED AND AGREED WITHOUT CHANGE

1st Party:

Company Name :

Name:          
ID:                
Address:      
                     
                                      

2nd Party:

Company Name:  
          
Name:
Passport : 
Address: 

           
Telephone:                           
Facsimile:       
Mobile:                                                             

3d Party:

Name:      
                     
Passport :     
Address:                   
Tel/Fax: