Apostila de economia direito
TIO2
Moisture 8% (rej 10%)
Physical characteristics Size: 20mm - 50mm, 90% of cargo. Price adjustment if higher than 10%
PRICE ADJUSTMENT OF THE QUANTITY AND QUALITY:
a. If the Fe content of the shipment is above or below Fe 64.5%, the price per MT shall be adjusted as follows (fractions pro-rata): Adjusted CIF price (USD/MT) = [CIF Price X Actual Fe]
b. If the total ‘Ti’ exceeds 1.0%, the buyer has the right to reject the cargo. Penalty = (actual ‘Ti’ Content – 1.0% x 100 x USD$ 0.50. Invoice Price = Base Price = Penalty
REJECTION/BONUS AND PENALTY:
1. The parties to this Contract shall agree to the following penalty / bonus system as defined below:-
a. The base price shall be decreased at a rate of $1 USD for each 1% Fe below 64.5%, fraction prorated. If Fe content falls below 63.0%, the Buyer has the right to reject the cargo/goods or re-negotiate the price with the Seller.
b. The Buyer has the right to reject the Iron Ore if Titanium Dioxide O2 (TiO2) exceeds 1.0% or the buyer can accept the cargo with price adjustment at the rate of $0.10 USD per DMT for each 1.0% in excess of the stated specification maximum of 1.52% fraction pro rata. See price adjustment calculation as per Clause 7.2
c. If the Buyer rejects any shipment pursuant to Clause 8.1, Seller and Buyer shall negotiate in good faith to agree an equitable settlement for such shipment (which may include a reduction in price).
d. The base price shall be increased at a rate of: $1 USD for each 1% Fe above 64.5%, fraction prorated. 20mm – 50mm = 90% min. 50mm = 10% max.
2. If the composition of the ore in respect of Phosphorus (P), Sulphur (S), Silica (SIO2), Alumina (AL203) or Titanium Dioxide (Ti) exceeds the guaranteed maximum as listed in Clause Three (3), the Buyer may accept such delivery of ore by imposing penalty on a fraction pro rata basis as follows:-
a. Phosphorus (P): At the rate of $0.10 USD per DMT for each 0.01%