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Regarding The Yellow Brick

The law of the sea.

Regarding The Yellow Brick

Postby Alhsom » Fri Nov 04, 2016 1:30 pm

Hi there Dr David Papa,i went your site,i tried following your yellow brick process,the problem i cannot see what is step 11.12.13.14 as it is covered by a white box.Thanks alot

ANSWER: Dear Tahoon

Not really a question?

I try to assist as much as possible many , but unfortunately i can't -I  get many emails daily for partnerships and assistance . The best i can do is simply give enough  information online to "assist "  the many needing such advice. I covered it on purpose as one should not be trying to follow such complex dealing form a chart.The actual mirror procedure  is correctly spelled out can be found on www.ftnexporting.com  "FTN procedures page" again only given as a insight to explain to readers on just how complex  such procedures can be- Each step takes many pages and month for  applying and learning  as each step has so many things that MUST be understood. URPIB alone spells out  what an intermediary may do .Again URPIB are rules and lack explanation of procedure which MUST be studied over many months or even years before one start to trade formally. Thanks you Davide Papa

www.smice.net

www.ftnexporting.com

www.ftnx.9f.com

www.freeservers.exportexpert.com ---------- FOLLOW-UP ----------

Hi david can you please help me and check if this agreement gurantees the commision as it is called Irrovacble masters fees protection,because i beleieve that performance gurantee or standby letter is better to gurantee the commision.

SALE AND PURCHASE OF 1,800,000 MT OF WHITE SUGAR CANE ICUMSA 45

COMMISSION FOR US$3.00 PER METRIC TON

WHEREAS the undersigned wish to enter into this Agreement to define certain parameters of the future legal obligations, are bound by a duty of Confidentiality with respect to their sources and contacts. This duty is in accordance with the International Chamber of Commerce.

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(hereinafter 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:

1.   TERMS AND CONDITIONS

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

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

C.   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.

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

E.   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(ies) to do so.  For the sale 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.

F.   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.

G.   All considerations, 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.   

I.   This Agreement is valid for any and all transaction between the parties herein and shall be governed by the enforceable law in All Commonwealth Country’s, European Union Country’s, USA Courts, or under Swiss Law in Zurich, in the event of dispute, the arbitration laws of states will apply.

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

2.   AGREEMENT TO TERMS

A.   Signatures on this Agreement received by the way of Facsimile, Mail and/or E-mail shall be an executed contract.  Agreement enforceable and admissible for all purposes as may be necessary under the terms of the Agreement.

B.   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.

Irrevocable Master Fee Protection Agreement

We the undersigned herewith referred as the Seller, under penalty of perjury do hereby irrevocably confirm and irrevocably accept to pay all intermediaries and fee holders at the same time and in a manner as we are paid by the Buyer for each and every transaction of this contract up to the completion of the contract plus rollovers and extensions and in accordance with the bank details to be specified in the hard copies of this contract.

We, the Seller, irrevocably confirm that we will order and direct our paymaster and bank to endorse automatic payment orders to the beneficiaries named below; furthermore, we, the Seller, confirm that all pay orders shall automatically transfer funds as directed into each beneficiaries designated bank account within 1(one) day after the date of closing and completion of each and every shipment of the product during the contract term plus any/or extensions and rollover of the specified contract.  For the purpose of clarity, we confirm that the closing and completion of each and every shipment shall be deemed to take place when payment for each shipment is made by the Buyer under and in accordance with the contract. We, the Seller, agrees to provide all beneficiaries with written evidence of the pay orders lodged with our bank together with acknowledgements of their acceptance. Furthermore, our bank shall be instructed to provide duly signed and stamped acknowledgement of this instruction as set out in the agreement. Forming part of this agreement, it is understood that for the purposes of this Master Fee Protection Agreement, our bank shall be the same bank and this MFPA acts as an integral part of it.

We, the Seller, agree that the terms of Purchase and Sale of the Commodity shall be as per Contract between ¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬– Enkay International Trading(FZCO)(As Seller) and Al-Hasan Al-Aswad Trading Co. L.L.C.(As Buyer). Beneficiary named below under Seller side beneficiary are acting strictly as our Agents and or Mandates shall have no liability whatsoever towards the Seller and/or Buyer(and their respective Agents or intermediaries) on account of default under the contract by Seller and/or Buyer. M/s. Agents / Mandates and or Intermediaries or their officers, partners, directors and employees shall not be liable under any theory of contract, strict liability, negligence, misrepresentation or other legal equitable theory for any loss of damage of any nature incurred by Buyer and/or Seller and their respective Mandate/Agents or intermediaries in the performance of the contract(s) between Buyer and Seller. Agents / Mandates and or Intermediaries shall not be liable to Buyer and/or Seller and their respective Mandate/Agents or intermediaries for any special, incidental or consequential(indirect) or contingent damages such as but not limited to loss of profit, loss of opportunity, loss of business, etc.

We the undersigned being Seller or the Sellers named legally authorized representative as stated within the signed and legally binding main transaction, contract unconditionally agree and undertake to approve and originate all payments in USD currency to all beneficiaries named below as their rightful and payable commissions. This agreement also acts as a record confirming the commission amounts for each named beneficiary as set out below:

TOTAL COMMISSION SHALL BE PAID BY THE SELLER AS FOLLOWS:

The amount of USD $3.00 per(MTs) of WHITE SUGAR CAN ICUMSA 45 delivered should be settled as herein stated to be transferred into the accounts set forth herein; such commission providing for an aggregate commission for the first 12 months in the amount of US$5,400,000(Five Million, Four Hundred Thousand United States Dollars)

TERM & CONDITIONS This master fee protection agreement covers the initial contract and shall include any renewals, extensions, rollovers, additions or any new or transfer contract any how originated from this transaction because of the above intermediaries or changing codes of the initial contract entered into between the buyer and seller.

This master fee protection agreement and any subsequently issued pay orders shall be assignable, transferable and divisible and shall not be amended without the express written and notarized consent of the receiving beneficiary. All parties agree neither to circumvent nor to attempt circumvent either for the transaction of this current contract or in the future for a period of five(5) years from the date of the execution of this fee protection agreement. This document binds all parties, their employees, associates, transferees and assignees or designees.

All faxed and/or e-mailed signatures shall be considered as original signatures for the purpose of binding all parties to this agreement. This document may be signed and in any number of counterparts all of which shall be taken together and shall constitute as being one and the same instrument.

Any party may enter into this document and the agreement constituted thereby by signing any counterpart any time, date or period mentioned in any provision of this document shall only be amended by agreement in writing and signed off by all parties concerned.

Furthermore, we agree that any and all commissions due shall be paid  to the beneficiary as a result of any extension or rolls of the contract and that we shall effect all necessary documentation with our bank without any undue delays to ensure such commissions and paid within the terms of the agreement.

PARTIAL INVALIDITY:

The illegality, invalidity and non-enforceable provision of this document under the laws of any jurisdiction shall not affect its illegality, validity or enforceability under the law of any other jurisdiction or provision. GOVERNING LAW AND JURISDICTION:

This document shall be governed and construed in accordance with current English or I.C.C 400/500/600 signed between partners NCND laws.

ARBITRATION:

All parties agree to refer any disputes between the parties arising out of or in connection with this agreement including any questions regarding its existence, validity or termination to arbitration rules of the international arbitration centre(I.A.C). The appointed arbitrator shall hold the proceedings in any country chosen by the parties and the rules of the IAC shall apply.

This document is signed and accepted by parties named below as to be included in the main contract.
Alhsom
 
Posts: 42
Joined: Thu Apr 17, 2014 9:18 pm

Regarding The Yellow Brick

Postby Deacon » Mon Nov 07, 2016 6:20 pm

Dear Tahoon

Are you asking me if the document is good and solid . Yes! It is . Just like hundreds of other I have seen .

I am not here to advice  upon the material of the ICC ! That's what you are asking me to do-

It's no better than stating; " I John Smith of  CEO ABC  Company  Noth Pole  Sign and seals this promissory note guaranteeing payment of 1 million dollars   to the named beneficiary on successful completion of export  transaction code 123456 for the sale of Crude oil "

Name of Beneficiary

Address

Signed sealed date A whole lot of terms all sounding very professional very exacting.. but!

Are you asking me?  "Does the document guarantee you commission" Does it guarantee YOU  will secure commission and collect commission on a closed deal - Not is does not!  Just like my promissory note. No Matter the document  and intent is in place -The guarantee that you will get paid if you PERFORM is not.The mechanism for guarantee of payment is not there.

(1) Regardless of the words or terms used- How will you know if you are circumvented?

You need a writ to examine  bank account and records of another person- Have you got such funds to initiate such? What happens if you are wrong- The other person will issue suit to  YOU.

(2) If you can prove 100% circumvention- AND can you afford to litigate on such matters, and do so in a foreign court(Cost: Small fortune)  

(3) If you could  prove circumvention and afford litigation-and prove you had earned such commission- then another issue will come up- Can you afford to force foreign  "Enforceability " of a successful result??

(Another Huge expense-possibly years will pass) Only one way you can  be Guaranteed of commission on a successful closing of a deal - if you hold position of Buyer/seller.

Anything else is simply based on trust and integrity of the person promising to pay commission to a sourcing intermediary .I have such integrity because i have many intermediaries who will vouch for my integrity. I earned such integrity-over time and not because whats written on a piece of paper- FYBR state is clearly - a sourcing intermediary not attached to a honourable informed  Buyer/seller  has no chance to secure commission is best assumed. Where are you  going to find a informed Buyer/seller? we created the first intermediary doctrine with supporting rules - hence only My own agents will pass on the integrity of FTN exporting. You are passing information around - worthless information - even is supplier is real - the deal needs to close.The you information is said to have been valuable. Then you have earned  your commission.

FYBR and ITSI explains it fully.Did you not read such ?

You want a guarantee- you need to be the buyer seller- All commission is earned from the Buyers DLC value .Who ever controls such a DLC controls as all commission on seller side or buyer side - it's that simple.

Commission payment is the biggest problem in this business- Sourcing intermediary cannot be assured of anything- only the buyer/seller is guaranteed to get paid if a clean deal closed. Regards

Davide Papa

www.ftnexporting.com  
Deacon
 
Posts: 48
Joined: Fri Mar 07, 2014 1:48 pm

Regarding The Yellow Brick

Postby adalwine » Tue Nov 15, 2016 6:55 am

Hi there Dr David Papa,i went your site,i tried following your yellow brick process,the problem i cannot see what is step 11.12.13.14 as it is covered by a white box.Thanks alot

ANSWER: Dear Tahoon

Not really a question?

I try to assist as much as possible many , but unfortunately i can't -I  get many emails daily for partnerships and assistance . The best i can do is simply give enough  information online to "assist "  the many needing such advice. I covered it on purpose as one should not be trying to follow such complex dealing form a chart.The actual mirror procedure  is correctly spelled out can be found on www.ftnexporting.com  "FTN procedures page" again only given as a insight to explain to readers on just how complex  such procedures can be- Each step takes many pages and month for  applying and learning  as each step has so many things that MUST be understood. URPIB alone spells out  what an intermediary may do .Again URPIB are rules and lack explanation of procedure which MUST be studied over many months or even years before one start to trade formally. Thanks you Davide Papa

www.smice.net

www.ftnexporting.com

www.ftnx.9f.com

www.freeservers.exportexpert.com ---------- FOLLOW-UP ----------

Hi david can you please help me and check if this agreement gurantees the commision as it is called Irrovacble masters fees protection,because i beleieve that performance gurantee or standby letter is better to gurantee the commision.

SALE AND PURCHASE OF 1,800,000 MT OF WHITE SUGAR CANE ICUMSA 45

COMMISSION FOR US$3.00 PER METRIC TON

WHEREAS the undersigned wish to enter into this Agreement to define certain parameters of the future legal obligations, are bound by a duty of Confidentiality with respect to their sources and contacts. This duty is in accordance with the International Chamber of Commerce.

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(hereinafter 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:

1.   TERMS AND CONDITIONS

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

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

C.   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.

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

E.   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(ies) to do so.  For the sale 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.

F.   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.

G.   All considerations, 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.   

I.   This Agreement is valid for any and all transaction between the parties herein and shall be governed by the enforceable law in All Commonwealth Country’s, European Union Country’s, USA Courts, or under Swiss Law in Zurich, in the event of dispute, the arbitration laws of states will apply.

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

2.   AGREEMENT TO TERMS

A.   Signatures on this Agreement received by the way of Facsimile, Mail and/or E-mail shall be an executed contract.  Agreement enforceable and admissible for all purposes as may be necessary under the terms of the Agreement.

B.   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.

Irrevocable Master Fee Protection Agreement

We the undersigned herewith referred as the Seller, under penalty of perjury do hereby irrevocably confirm and irrevocably accept to pay all intermediaries and fee holders at the same time and in a manner as we are paid by the Buyer for each and every transaction of this contract up to the completion of the contract plus rollovers and extensions and in accordance with the bank details to be specified in the hard copies of this contract.

We, the Seller, irrevocably confirm that we will order and direct our paymaster and bank to endorse automatic payment orders to the beneficiaries named below; furthermore, we, the Seller, confirm that all pay orders shall automatically transfer funds as directed into each beneficiaries designated bank account within 1(one) day after the date of closing and completion of each and every shipment of the product during the contract term plus any/or extensions and rollover of the specified contract.  For the purpose of clarity, we confirm that the closing and completion of each and every shipment shall be deemed to take place when payment for each shipment is made by the Buyer under and in accordance with the contract. We, the Seller, agrees to provide all beneficiaries with written evidence of the pay orders lodged with our bank together with acknowledgements of their acceptance. Furthermore, our bank shall be instructed to provide duly signed and stamped acknowledgement of this instruction as set out in the agreement. Forming part of this agreement, it is understood that for the purposes of this Master Fee Protection Agreement, our bank shall be the same bank and this MFPA acts as an integral part of it.

We, the Seller, agree that the terms of Purchase and Sale of the Commodity shall be as per Contract between ¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬– Enkay International Trading(FZCO)(As Seller) and Al-Hasan Al-Aswad Trading Co. L.L.C.(As Buyer). Beneficiary named below under Seller side beneficiary are acting strictly as our Agents and or Mandates shall have no liability whatsoever towards the Seller and/or Buyer(and their respective Agents or intermediaries) on account of default under the contract by Seller and/or Buyer. M/s. Agents / Mandates and or Intermediaries or their officers, partners, directors and employees shall not be liable under any theory of contract, strict liability, negligence, misrepresentation or other legal equitable theory for any loss of damage of any nature incurred by Buyer and/or Seller and their respective Mandate/Agents or intermediaries in the performance of the contract(s) between Buyer and Seller. Agents / Mandates and or Intermediaries shall not be liable to Buyer and/or Seller and their respective Mandate/Agents or intermediaries for any special, incidental or consequential(indirect) or contingent damages such as but not limited to loss of profit, loss of opportunity, loss of business, etc.

We the undersigned being Seller or the Sellers named legally authorized representative as stated within the signed and legally binding main transaction, contract unconditionally agree and undertake to approve and originate all payments in USD currency to all beneficiaries named below as their rightful and payable commissions. This agreement also acts as a record confirming the commission amounts for each named beneficiary as set out below:

TOTAL COMMISSION SHALL BE PAID BY THE SELLER AS FOLLOWS:

The amount of USD $3.00 per(MTs) of WHITE SUGAR CAN ICUMSA 45 delivered should be settled as herein stated to be transferred into the accounts set forth herein; such commission providing for an aggregate commission for the first 12 months in the amount of US$5,400,000(Five Million, Four Hundred Thousand United States Dollars)

TERM & CONDITIONS This master fee protection agreement covers the initial contract and shall include any renewals, extensions, rollovers, additions or any new or transfer contract any how originated from this transaction because of the above intermediaries or changing codes of the initial contract entered into between the buyer and seller.

This master fee protection agreement and any subsequently issued pay orders shall be assignable, transferable and divisible and shall not be amended without the express written and notarized consent of the receiving beneficiary. All parties agree neither to circumvent nor to attempt circumvent either for the transaction of this current contract or in the future for a period of five(5) years from the date of the execution of this fee protection agreement. This document binds all parties, their employees, associates, transferees and assignees or designees.

All faxed and/or e-mailed signatures shall be considered as original signatures for the purpose of binding all parties to this agreement. This document may be signed and in any number of counterparts all of which shall be taken together and shall constitute as being one and the same instrument.

Any party may enter into this document and the agreement constituted thereby by signing any counterpart any time, date or period mentioned in any provision of this document shall only be amended by agreement in writing and signed off by all parties concerned.

Furthermore, we agree that any and all commissions due shall be paid  to the beneficiary as a result of any extension or rolls of the contract and that we shall effect all necessary documentation with our bank without any undue delays to ensure such commissions and paid within the terms of the agreement.

PARTIAL INVALIDITY:

The illegality, invalidity and non-enforceable provision of this document under the laws of any jurisdiction shall not affect its illegality, validity or enforceability under the law of any other jurisdiction or provision. GOVERNING LAW AND JURISDICTION:

This document shall be governed and construed in accordance with current English or I.C.C 400/500/600 signed between partners NCND laws.

ARBITRATION:

All parties agree to refer any disputes between the parties arising out of or in connection with this agreement including any questions regarding its existence, validity or termination to arbitration rules of the international arbitration centre(I.A.C). The appointed arbitrator shall hold the proceedings in any country chosen by the parties and the rules of the IAC shall apply.

This document is signed and accepted by parties named below as to be included in the main contract.
adalwine
 
Posts: 43
Joined: Thu Mar 31, 2011 4:31 pm


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