viewtopic.php?f=6&t=28074&p=65900&hilit=sog.cotton%40yahoo.fr#p65900
This Sog Cotton is a Gold Scammer:
Hello,
Thanks for your update and how are you today?Mr. Ahmed Sawadogo the owner of Gold Minners here in Burkina Faso and Miss Rama work in my company and she told me about your interested towards our product and for your information we don't accept upfront payment and we work on FOB and even due that you did not have much money to buy in a big qantity there is no problem you can start as from 10 kilos for trails and i will like you to give us your phone number so that we can communicate with you and also update us on your procedure towards this and we have all the documentation that will back up your goods down to your country and you have to send us your company details and when are you coming to get the metal.
and i am going to send the same message from the box of Rama because she is here in my office and any thing that you need kindly update me so that i will clear it up to you because i am the CEO of the company and have a nice day my dear and sorry because my english is not 100% good as you can see that i am a French man thank you and you are welcome.
Mr. Ahmed Sawadogo
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Date: Mon, 3 Nov 2014 08:04:39 +0000
From: Sog Cotton <sog.cotton@yahoo.fr>
Reply-To: Sog Cotton <sog.cotton@yahoo.fr>
Subject: Re: Burkina Faso Gold.
Dear Sir,
Thanks for your information and 5 kilos of our gold price is $130000usd only because 1 kilo is $26000usd FOB not CIF and we don't go with our gold to any other contry if not your friend or you will come here because we have our own shipping company too.so you have to check and get back to us as soon as possible.
Burkina Faso Gold Minners.
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Date: Wed, 5 Nov 2014 07:50:10 +0000
From: Sog Cotton <sog.cotton@yahoo.fr>
Subject: Gold.
Hello,
Thanks for your update and for your information it is the same because you surpose to send the money to us direct here because we will use out of the money to get some of the document from the assy here in Burkina Faso so that your shipping company will not have any problem or if you like you can send 35% to our account and the rest you give it to your shipping company people to come with the remaining 65% if not it will take time much time if they are here. to get all the document that will back up the goods will take some days.so kindly update us right now on your side and you have to send us a passport copy of the person that is coming with the person and did the person need invitation letter please kindly update us so that we will know what to do next thanks.
Mr Sawadogo
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Date: Thu, 13 Nov 2014 10:13:09 +0000
From: Sog Cotton <sog.cotton@yahoo.fr>
Subject: Ok
FROM WORD DOCUMENT RECEIVED:
DRAFT SALES AND PURCHASE AGREEMENT
SELLER’S CODE : 4275
BUYER'S CODE : 4007
******************************************************************************
This Sale and Purchase Agreement for GOLD is made and entered into on the 15th day of April 2014 by and between:
Company : TRA-G-COMPL Group Miners
Company Reg. No. :
Address : 11 BP 1124 Ouagadougou CMS 11
Ouagadougou
Country : Burkina Faso
Represented by : Mr. Ahmed Sawadogo
Passport Number : A1853355
Email : libyagold.dust@gmail.com
Hereinafter referred to as the "Seller"
AND
Company :
Company Reg. No :
Address :
Country :
Represented by :
Passport Number :
Nationality :
Email :
Telephone :
Hereinafter referred to as the "Buyer"
The Seller and Buyer hereafter are referred to jointly as the *Parties”
WHEREAS: Seller has available for sale Gold of AFRICAN origin hereinafter referred to as “gold” and the Buyer wishes to purchase Seller’s gold.
NOW THEREFORE: The Parties agree to the Terms and Conditions as follows:
1. SCOPE OF THE CONTRACT
a) The Seller, with full authority and responsibility, declares that he has the capability and unrestricted right to sell the gold, guarantees that he is capable to do so and confirms he has the contract to purchase or market the raw material (alluvial gold Dore, minimum 99% Au) from BURKINA FASO.
b) The Buyer, with full authority and responsibility, declares that he has the capability to purchase the gold and arrange the weighing, melting and refining of the gold at:
Name of Refinery :
Address :
Represented By :
Telephone :
Email :
Refinery Account Name :
Refinery Account Number :
2. COMMODITY SPECIFICATIONS
COMMODITY GOLD (Au)
FORM Dore Bars
PURITY 99% Au minimum (Free from any harmful or deleterious elements such as Cyanide and Arsenic)
ASSAY The weight and assay of the Gold will be established by melting at the Gold manufacturing refinery Five Star Refinery. The weight and assay report from Five Star will be accepted as final by the Seller and Buyer. Once the after-melt weight is established and the gold sampled for assay, the refinery has the right to refine the gold. All expenses related to the weight/assay and refinement at Five Star will be for the Buyer’s account. The Seller has the right to have an acceptable independent surveyor to supervise the melting, weighing and assay of the gold at their own expense.
3. PACKAGING
Securely packed in boxes suitable for export by airfreight.
4. PRICE AND PAYMENT
The purchasing price is $27500 usd and this payment will be making in here in Burkina Faso immediately the buyer have received his total goods of any kilos that he want to buy and the payment have to be cash as soon as the buyer have received his goods from the seller.
5. DELIVERY
By Airfreight on a Cost Insurance and Freight basis (‘FOB’ Incoterms 2000) to Buyer destination
The Seller is responsible for the organization of the shipping of precious metal with a Recognized Security Shipping Company. The Gold shall remain in the name of the Seller until it has been paid for in full after the Assay Report has been produced IN Burkina Faso.
The Seller warrants that it has paid or shall pay any and all taxes, liens, assessments, duties (export only) or encumbrances assessed by any entity or any government pertaining to the delivered gold (Au metal) prior to the title transfer and that the metal shall be transferred to the Buyer free and clear. Import duties (if any) shall be paid by the Buyer.
The shipping will be organized by the Seller using the services of (SHIPPING COMPANY), which shall be referred to as “Shipping company” from here on, from the Seller’s loading airport and the freight costs invoiced by shipping companies may be supported by the Buyer.
Before shipping commences, the Buyer shall receive from the Shipping Company confirmation of the metal being in their custody with the full set of legal exportation documents. The payment settlement with the Shipping Company will be done in Burkina Faso upon arrival of the consignment and checking the real content based upon the Assay report issued by Burkina Faso.
7. QUANTITY
The Seller agrees to Sell and Deliver a prompt shipment of 75 kg (Seventy Five kilograms), trial shipment in Dore form to the Buyer’s nominated refinery under the Terms of this Agreement. Thereafter each shipment will be in tranches of at least 75 kg up to 200 kg per month. Shipment volumes shall vary as mutually agreed between Buyer and Seller as rolls and extensions.
8. DOCUMENTS
The shipment and delivery shall be identified with all assigned contract references, codes and numbers.
Seller must provide the following documents to Buyer:
1. Three originals of Commercial Invoices in favor of the Buyer
2. Certificate of Origin,
3. Packing List
4. Certificate of Ownership
5. Assay Report issued by the Mine
6. Certificate of Weight
7. Customs Clearance Certificate
8. Export License from country of origin
9. Airway Bill
9. Declaration that the gold is of non-criminal origin, unencumbered and free of any liens, is transferable and exportable.
10. United States customs clearance documents (Seacrest)
11. Declaration Seller has paid all duties for Export.
12. Declaration Gold is not produced using child labor and is free from all harmful chemicals such as Cyanide and Arsenic.
10. PROCEDURE
1) The Buyer will issue a draft contract to the Seller for review and signing.
2) Once the Seller signs the contract, the Seller shall send the draft contract to the Buyer for review and signing.
3) After both parties have approved and signed the contract, the Seller will arrange for shipment of the Au metal to Burkina Faso within 24 hours.
4) Before shipment commences, the Seller shall provide to the Buyer the delivery documents in Ghana and a notification letter from the Shipping Company about the readiness of shipping.
5) The shipment shall take place within 24 (Twenty Four) hours from the date of the SPA execution. Subsequent shipments shall take place within 15 (Fifteen) days after monthly verbal agreement between Buyer and Seller for rolls and extensions.
6) After shipment arrives at Destination, the Au metal will be assayed. (Please refer to Paragraphs 15 & 16 for Warranties and Arbitration clauses.)
7) Upon receiving the Weight and Assay report issued by Burkina Faso transistor, the Buyer will pay full amount to the Seller’s intermediaries within 24 hours.
8) All subsequent tranches will be based upon verbal agreement between Buyer and Seller. Upon verbal agreement, the Buyer shall have his bank officer contact the Seller’s bank officer to proceed with the recurring sale of the Au metal.
11. NOTICES
Any and all notices required to be given by one party to the other party to this Agreement shall be in writing and by sending the same by certified/recorded post to the address or addresses as stated herein and copied by facsimile or e-mail directly to the parties referenced herein.
Buyer :
Address :
Telephone : :
Email :
Contact person :
Seller : TRA-G-COMPL Group Miners
Address : 11 BP 1124 Ouagadougou CMS 11
Ouagadougou, Burkina Faso
Fax : 0022664559928
Email : libyagold.dust@gmail.com
Contact Person : Mr. Ahmed Sawadogo
12. CLEAR TITLE & TITLE OF GOODS
Seller confirms and warrants that the title of the gold to be sold herein will be free and clear of any and all liens and encumbrances and Seller states that the gold is not of terrorist and / or criminal origin. Title and legal ownership of the Gold will only pass to the Buyer upon full payment of Sellers final invoice calculated on the weight and assay established by Burkina Faso Refinery.
13. FORCE MAJEURE
Neither party shall be liable in damages or have the right to terminate this Agreement for any delay or default in performing hereunder if such delay or default is caused by conditions beyond its control including, but not limited to Acts of God, Government restrictions (including the denial or cancellation of any export or other necessary license), wars, insurrections and/or any other cause beyond the reasonable control of the party whose performance is affected. Neither party shall be liable for any failure or delay in performance under this Agreement (other than for delay in the payment of money due and payable hereunder) to the extent said failures or delays are proximately caused (I) by causes beyond that party's reasonable control and occurring without its fault or negligence, including, without limitation, failure of suppliers, subcontractors, and carriers, or party to substantially meet its performance obligations under this Agreement, provided that, as a condition to the claim of no liability, the party experiencing the difficulty shall give the other prompt written notice, with full details following the occurrence of the cause relied upon. Dates by which performance obligations are scheduled to be met will be extended for a period of time equal to the time lost due to any delay so caused.
14. ETHICS: (NON-CIRCUMVENTION and NON-DISCLOSURE)
Seller and Buyer agree to abide by the Customary International Rules established by the International Chamber of Commerce Model Occasional Intermediary Contract (Non-Circumvention and Non-Disclosure) for a period of five (5) years from the date hereof. Said non-circumvention and non-disclosure shall include, but not be limited to communicating with each other’s banks, Representatives, Customs, Brokers or Seller’s mandate(s). The understanding and accord of this subparagraph will survive the termination of this Agreement.
15. WARRANTIES
1. The Seller arranges the payment of all duties, charges, transport and insurance from the mine to Buyer’s destination in Country of Import been Burkina Faso.
2. The Buyer and the Seller accept the Weight and Assay Certificate relating to the Gold from Burkina Faso.
3. Seller warrants that the gold is legally acquired and that there was no infringement whatsoever on any laws and regulations from the country of origin or any other country that may apply to the history of transfer of ownership from the outset (mining and production) to the present and through the moment that ownership of the gold passes to Buyer. Seller hereby warrants that he applied and still applies the greatest possible care and due diligence in the process of acquiring the gold and that he observed all legal regulations that apply to this process and that there is no fact that he or any of his agents are or could be aware of that would taint the object of this sale and transaction in any way to be a product or means of any illicit or unethical action.
16. AMICABLE DISPUTE RESOLUTION AND ARBITRATION
Where a notice of dissatisfaction has been given by either Party, both Parties shall attempt to settle the dispute amicably before the commencement of arbitration. Any dispute, controversy or claim arising out of or in relation to this contract, including the validity, invalidity, breach or termination thereof, shall be settled by arbitration in accordance with the Ghana laws, which laws are deemed to be incorporated by reference into this clause. The number of arbitrators shall be one. The seat, or legal place, of arbitration shall be Burkina Faso.
17. TOTAL AGREEMENT & BINDING AUTHORITY
This Agreement supersedes any and all prior agreements and represents the entire Agreement between the parties. No changes, alterations or substitutions shall be permitted unless the same shall be notified in writing and signed by both parties. This Agreement is binding upon the parties hereto, their assigns and successors and is signed by the parties with full authority to act.
18. APPLICABLE LAW
The governing law of the contract shall be the substantive law of the Burkina Faso and Destination.
19. EXECUTION OF THIS AGREEMENT
The terms of this Agreement shall be confirmed and signed by the Buyer and the Seller via facsimile or e-mail. Said executed facsimile or e-mail shall be binding and initiates and concludes the legal liabilities between Buyer and Seller of this Agreement. By signing below, both parties abide by their corporate and legal responsibility, and execute this Agreement under full penalty of perjury. IN WITNESS WHEREOF, we the undersigned, have read, understood and executed this Agreement in two (2) original parts on this 3rd day of Nov 2014.
Signed and Sealed by the SELLER: Signed and Sealed by the BUYER:
TRA-G-COMPL Group Miners
___________________________ ___________________________
Ahmed Sawadogo Chief Executive Officer
WITNESS: WITNESS:
___________________________ ____________________________
