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Offtake Agreement For Maize: WHEREAS The Seller Has Offered To Supply The Buyer and The Buyer Has Agreed To Purchase

This agreement is between a seller and National Foods, the buyer, for the sale of 10,000 tonnes of maize. [1] The seller agrees to supply maize meeting the buyer's quality requirements. [2] The buyer agrees to pay a specified price per tonne by an agreed payment method, with the price adjustable depending on quality and market fluctuations. [3] The agreement has a set duration but can be terminated with 30 days notice for non-performance or force majeure events beyond the parties' control.

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Chiccoe Joseph
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1K views3 pages

Offtake Agreement For Maize: WHEREAS The Seller Has Offered To Supply The Buyer and The Buyer Has Agreed To Purchase

This agreement is between a seller and National Foods, the buyer, for the sale of 10,000 tonnes of maize. [1] The seller agrees to supply maize meeting the buyer's quality requirements. [2] The buyer agrees to pay a specified price per tonne by an agreed payment method, with the price adjustable depending on quality and market fluctuations. [3] The agreement has a set duration but can be terminated with 30 days notice for non-performance or force majeure events beyond the parties' control.

Uploaded by

Chiccoe Joseph
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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OFFTAKE AGREEMENT FOR MAIZE

This agreement is made on this...............day of......................at (place)..........................

BETWEEN

............................. located at (address)....................................., tel...........................

Represented by ............................. , ID no .......................................

hereafter refered to as the “Seller”, of the one part

AND

NATIONAL FOODS located at (address)100 STIRLING ROAD, WORKINGTON HARARE,

hereafter refered to as the “Buyer”, of the other part

WHEREAS the seller has offered to supply the buyer and the buyer has agreed to purchase
(product)10 000 TONNES MAIZE from the seller on a regular basis, according to the following
terms and conditions
NOW THIS AGREEMENT WITNESSES AS FOLLOWS:

1.Obligations of the seller.

The seller agrees to supply 10 000 tonnes of (product) MAIZE to the buyer
compliant with the quality requirements set by the buyer indicated in the Annex
of this agreement.

2.Obligations of the buyer. The buyer commits to pay the seller the sum
of................................per tonne of the agreed quality
(product)............................................................ by (cash/cheque/bank
transfer).................................... as the more practiced method of payment used
in the country. This sum may vary depending to the quality of the
(product)...................................................and the grade specification set by the
buyer showed in the Annex of this agreement. The parties agree to renegotiate
the price if the market price at timing of delivery exceeds a range of 10%
compared to the contracted price.

3.Force majeure. In case where unforeseen situations such as hail, drought,


excessive rain, war, fire, civil unrest, and any other reasonable cause, which is
beyond the parties control (the so-called “force majeure” cause) arise affecting
the correct execution of this agreement, neither party shall be considered liable
of non performance, losses and damages occurred.

4.Duration. This agreement shall have duration


of.........................................years, beginning on
date..........................................................and ending on
date..........................................................

5.Termination. The parties may terminate this agreement giving a prior notice of
30 days under the following circumstances:

a.Failure of the buyer to pay the price or breach of any other term of the
agreement. In this case, the buyer shall compensate for damages occurred from
this non performance the seller.
b.Failure of the seller to supply the agreed products or breach of any other term
of the agreement. In this case, the seller shall compensate for damages
occurred from this non performance the buyer. c.Occurrence of a “force
majeure” situation, according to clause 4 that prevent the parties from continuing
the fulfillment of the agreement.
6.Dispute resolution. Any conflict arising from this agreement shall first be
resolved amicably between the parties and if they fail, it will be referred to a
mediator to be agreed by the parties among a Community Leader, a Village
Elder, a Representative of a Trade Association, or any other trusted person.

7.Law applicable. This agreement shall be governed by the laws of the Republic
of Zimbabwe.

Date,Place ..........................................................................

The Seller ..........................................................................

The Buyer ............................................................................

Witness ..............................................................................

Witness ...............................................................................

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