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Forward Sale Agreement
"I need a Forward Sale Agreement for the sale of 10,000 metric tons of copper cathodes to be delivered in quarterly installments throughout 2025, with payment to be made in USD and including quality testing requirements at the Hong Kong port of delivery."
1. Parties: Identification of the seller and buyer with full legal names and addresses
2. Background: Context of the forward sale arrangement and brief description of the transaction
3. Definitions: Definitions of key terms used throughout the agreement
4. Sale and Purchase: Core terms of the forward sale including subject matter, quantity, and quality specifications
5. Price and Payment: Purchase price, payment schedule, and payment mechanisms
6. Delivery: Delivery terms, timing, location, and procedures
7. Conditions Precedent: Any conditions that must be satisfied before the agreement becomes effective
8. Representations and Warranties: Statements of fact and assurances from both parties
9. Covenants: Ongoing obligations of the parties during the agreement term
10. Risk and Title: Transfer of risk and ownership provisions
11. Default and Termination: Events of default, remedies, and termination rights
12. Force Majeure: Provisions for unforeseen circumstances affecting performance
13. Governing Law and Jurisdiction: Hong Kong law as governing law and jurisdiction provisions
14. General Provisions: Standard boilerplate clauses including notices, amendments, and assignment
1. Quality Assurance: Detailed quality standards and testing procedures - required for commodity forward sales
2. Storage and Warehousing: Storage requirements and responsibilities - needed for physical goods
3. Insurance: Insurance requirements and responsibilities - important for high-value or risk-sensitive transactions
4. Security Arrangements: Any security or collateral requirements - needed if credit support is required
5. Regulatory Compliance: Specific regulatory requirements - needed for regulated products or parties
6. Tax Provisions: Specific tax-related provisions - needed for cross-border or complex transactions
7. Broker Provisions: Terms relating to broker involvement - needed if brokers are involved
8. Electronic Trading Provisions: Terms for electronic trading platforms - needed for electronically traded forwards
1. Product Specifications: Detailed specifications of the subject matter of the forward sale
2. Pricing Mechanism: Detailed pricing calculations and adjustments
3. Delivery Schedule: Detailed delivery timelines and procedures
4. Quality Standards: Detailed quality requirements and testing procedures
5. Form of Notices: Standard forms for various notices under the agreement
6. Required Documents: List and forms of documents required for delivery/settlement
7. Contact Details: Contact information for key personnel and authorized representatives
8. Form of Certificates: Standard forms for any required certificates
Authors
Financial Services
Commodities Trading
Agriculture
Mining
Energy
Manufacturing
International Trade
Shipping and Logistics
Real Estate
Technology
Legal
Finance
Trading
Risk Management
Compliance
Operations
Treasury
Commercial
Supply Chain
Business Development
Contract Administration
Chief Financial Officer
Trading Manager
Risk Manager
Legal Counsel
Compliance Officer
Commercial Director
Treasury Manager
Operations Manager
Contract Administrator
Business Development Manager
Supply Chain Manager
Finance Director
Head of Trading
General Counsel
Chief Operating Officer
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