Sales Contract between Junan Hongrun Foodstuff Co., Ltd. and Shinsei Foods Co., Ltd. for Peeled Chestnuts

Summary

Junan Hongrun Foodstuff Co., Ltd. (the seller) and Shinsei Foods Co., Ltd. (the buyer) have agreed to a sales contract for 361 metric tons of peeled chestnut products, to be shipped from China to Japan by December 30, 2006, at a total price of $1,805,000. Payment will be made by telegraphic transfer, and the buyer is responsible for insurance. The contract allows for a 5% variation in quantity and amount. Disputes will be resolved through negotiation or arbitration in China. Penalties apply for non-performance.

EX-10.13 62 v073867_ex10-13.htm
Exhibit 10.13
 
(English Translation)

JUNAN HONGRUN FOODSTUFF CO., LTD.

Sales Contract

Contract No: HR073502B
Date: 10,SEP.2006
 
The Buyer: SHINSEI FOODS CO., LTD.
 
The Seller: JUNAN HONGRUN FOODSTUFF CO., LTD.
The Seller and Buyer have agreed to close the following transactions according to the terms and conditions stipulated as below:

1 Commodity description
 
2 Packing
 
3Quantity
 
4 Unit Price
 
5 Amount
PEELED CHESTNUTS PRODUCTS
 
18L/ 12.5KG/CAN
 
361MT
 
FOB QINGDAO USD5000.00/MT
 
USD1,805,000.00
   
Total amount: USD:ONE MILLION EIGHT HUNDRED AND FIVE THOUSAND ONLY

6. Time of Delivery: BEFORE.30,DEC.2006
 
7. Port of Loading: CHINA PORT
 
8. Port of Destination: JAPAN PORT
 
9. Shipping marks: N/M
 
10. Terms of Payment: BY T/T
 
11. Insurance: to be effected by The Buyer .
 
12. 5 % more or less in quantity and amount is allowed.
 
13. Quality/quantity claims: if any, quality claims should be sent to the Seller in written form during next 14days after discharging of merchandise; quantity claims should be sent to the Seller in written form during next 3 days after discharging of merchandise.
 
14. Responsibilities of the parties: In case of either party’s refusal of performance of the present contract, it pays the other party the penalty of 25% of the amount of the covered goods and restitutes the relative losses in spite of the penalty.
 
15. Force Majeure: The Seller shall not be held reliable for failure or delay in delivery of the covered cargo or a portion under the present contract in consequence of any force majeure incidents.
 
15. Arbitration: All dispute, if any, arising form or in connection with the performance of the contract shall be settled through friendly discussion/negotiation by both parties. otherwise, to be presented to the China Relevant Authorities for arbitration, and the decision is the final for both parties.
 
17. Other: As per the Popular Practice and Uniforms of the International Trade.
 
The buyer: Shinsei Foods Co., Ltd.
President: /s/ Teruyoshi Kanbara
 
The seller: Shandong Green Foodstuff Co., Ltd.
/s/ Chen Si