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TENDER SCHEDULE

Ref. No. 18.16.0000.373.02.097.21. Date: 26.04.2021

TRANSPORTATION OF 3rd LOT OF 40,000 MT (+/- 10%) DAP FERTILIZER IN BULK IN SINGLE SHIPMENT FROM RAS AL KHAIR, SAUDI ARABIA AND DELIVERY IN 50 KG NET BAG TO TRANSPORT AGENT OF BADC LOCATED AT CHATTOGRAM & SHIROMONI GHAT, KHULNA VIA OUTER ANCHORAGE OF CHATTOGRAM PORT (A/B/C ANCHORAGE), BANGLADESH AND/OR HARBARIA, MONGLA PORT, BANGLADESH AS PACKAGE BASIS (RATIO: CTG & MONGLA: 40%:60%). LAY CAN 10-14 MAY, 2021.

TENDER REF: COMC-02042021 DATED: 26.04.2021

DEAR SIRS,

SEALED FIRM -QUOTATOIN(S) ARE INVITED ON PACKAGE BASIS FROM ENLISTED BROKER WITH THE INTER MINISTERIAL CHARTERING COMMITTEE, SHIP OWNERS / DISPONENT OWNERS/ AGENTS /SHIP BROKERS FOR TRANSPORTATION OF 40,000 MT ± 10% DAP FERTILIZER IN BULK IN SINGLE SHIPMENT FROM RAS AL KHAIR, SAUDI ARABIA AND DELIVERY IN 50 KG NET BAG TO DIFFERRENT TRANSPORT AGENT OF BADC AS MENTIONED IN PART-B VIA OUTER ANCHORAGE OF CHATTOGRAM PORT, BANGLADESH AND/OR HARBARIA, MONGLA PORT, BANGLADESH AS PACKAGE BASIS. THE SUCCESSFUL BIDDER SHALL USE SUITABLE GHATS/POINTS FOR BAGGING OF BULK FERTILIZER AT THEIR COST, RISK AND RESPONSIBILIES TO MAKE INTO NET 50 KG PER BAG.

THIS TENDER IS HEREBY FLOATED FOR BOTH INTERNATIONAL TRANSPORTATION (HEEINAFTER CALLED PART A) AND LOCAL TRANSPORTATION (HEREIN AFTER CALLED PART B). BOTH CONTRACTS PART-A AND PART-B SHALL BE SIGNED BY BADC AS CHARTERER.

A. THE TENDER WILL BE EVALUATED ON THE TERMS AND CONDITIONS STATED IN PART A AND PART B. TENDERERS TO QUOTE FREIGHT RATE IN US DOLLAR, BASIS FREE IN / LINER OUT FOR PART A AND LOCAL TRANSPORTATION RATE/MT IN USD/BANGLADESHI TAKA FROM CHATTOGRAM SEA PORT,BANGLADESH AND/OR HARBARIA, MONGLA PORT, BANGLADESH PORT TO DESIGNATED TRANSPORT AGENT OF BADC FOR PART B. PAYMENT OF FREIGHT WILL BE MADE IN USD THROUGH LETTER OF CREDIT AND PAYMENT OF LOCAL TRANSPORTATION WILL BE MADE IN BANGLADESHI CURRENCY (TAKA) IN THE FORM OF A/C PAYEE CHECK.

B. TENDER SHALL BE EVALUATED ON PACKAGE BASIS. FOR EVALUATION PURPOSE FREIGHT RATE PER METRIC TON IN US DOLLAR QOUTED IN PART-A AND THE QOUTED RATE FOR LOCAL TRASPORTATION INCLUDING SUPPLY OF REQUIRED EMPTY BAGS (WWP BAG WITH INNER LINER AS PER ATTACHED SPECIFICATION ) , IF QUOTED IN USD WILL BE CONVERTED INTO BANGLADESHI TAKA CONSIDERING SONALI BANK'S B.C.EXCHANGE RATE PREVAILING ON THE DATE OF OPENING OF THE QUOTATION ENQUIRY.

C. THE CONTRACT WILL BE SIGNED FOR BOTH PARTS A AND B AFTER SUBMISSION OF PERFORMANCE GUARANTEE ON THE BASIS OF QUANTITY MENTIONED IN THE TENDER DOCUMENTS. BUT GODOWNWISE QUANTITY SHALL BE FINALIZED AFTER ISSUANCE OF BILL OF LADING AND PART B WILL BE AMENDED ACCORDINGLY. THIS AMENDMENT SHALL BE INTEGRAL PART OF THE CONTRACT.

TENDER CLOSING TIME & DATE

: 11:40 HRS. (BST) ON 02.05.2021

TENDER OPENING PLACE, TIME & DATE

: 11:45 HRS. (BST) ON 02.05.2021 AT “BSC TOWER” (22ND FLOOR), PLOT NO. 2 & 3, RAJUK AVENUE, DAINIK BANGLA CIRCLE, MOTIJHEEL C/A, DHAKA-1000.

VALIDITY OF OFFER : OFFER MUST REMAIN VALID UP TO 10/05/2021 (1800 HRS BDT).

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PART-A (FOREIGN PART)

TRANSPORTATION OF 3RD LOT OF 40,000 MT (+/- 10%) DAP FERTILIZER IN BULK IN SINGLE SHIPMENT FROM RAS AL KHAIR, SAUDI ARABIA TO DESIGNATED DIFFERENT TRANSPORT AGENTS OF BADC AS MENTIONED IN PART-B VIA CHATTOGRAM SEA PORT, BANGLADESH AND/OR HARBARIA, MONGLA PORT, BANGLADESH

MINISTRY MINISTRY OF AGRICULTURE.

1. PROCURING ENTITY & CHARTERERS

GENERAL MANAGER (PURCHASE)BANGLADESH AGRICULTURAL DEVELOPMENT CORPORATION (BADC),KRISHI BHABAN, 49-51 DILKUSHA C/A, DHAKA-1000, BANGLADESH.

2. AGENCY BANGLADESH SHIPPING CORPORATION (BSC), CHATTOGRAM, BANGLADESH AS AGENT OF BANGLADESH AGRICULTURAL DEVELOPMENT CORPORATION (BADC),

3. SHIPPER / SUPPLIERS SAUDI ARABIAN MINING COMPANY (MA’ADEN),P.O. BOX 68861, RIYADH, 11537, KINGDOM OF SAUDI ARABIATELEPHONE : (01) 8748000, FAX : (01 8748300,EMAIL:AryanN@Maaden.com.sa,ShanmughamR@Maaden.com.sa , WabeliA@maaden.com.sa, NawfalF@maaden.com.sa

4. CARGO DAP FERTILIZER IN BULK

5. TOTAL QUANTITY APPROXIMATELY 40,000 MT (+/-10% SELLER’S OPTION)

6. LOAD PORT 1/2 SB(S), 1 SP RAS AL KHAIR, SAUDI ARABIA. SHIP OWNER / CARRIER HAVE TO SATISFY THEMSELVES THROUGH THEIR LOCAL AGENT ABOUT ANY RESTRICTIONS / LIMITATIONS / INSTALLATIONS IN THAT PORT.

7. LAY-CAN LAYCAN: 10-14 MAY, 2021; ALWAYS SUBJECT TO SUPPLIER`S CONFIRMATION.

8. VOYAGE TIME OWNER’S GUARANTEE THAT VESSEL WILL ARRIVE AT 1ST DISCHARGING PORT (CHATTOGRAM) WITHIN 20 (TWENTY) DAYS FROM DATE OF SAILING FROM LOADPORT. FAILING OF WHICH OWNERS TO COMPENSATE FOR ALL CONSEQUENTIAL LOSS INCURRED BY THE CHARTERERS/RECEIVERS.

9. DISCHARGE PORT &DELIVERY POINT

1/2 SA (S) 1/2 SB(S) 1/2 SP (S) CHATTOGRAM AND SHIROMONI GHAT (KHULNA) VIA MONGLA PORT, BANGLADESH (CHARTERER’S OPTION). DISCHARGE AT CHATTOGRAM PRIVATE GHATS ALSO ALLOWED.

10. DISCHARGE RATIO ABOUT 40:60 BASIS CHATTOGRAM AND SHIROMONI GHAT (KHULNA) VIA MONGLA PORT, INCLUDING SURVEY, STEVEDORING, LIGHTERING, BAG SUPPLY, BAGGING, WEIGHMENT AND STITCHING. BADC RESERVES THE RIGHTS TO CHANGE DISCHARGE RATIO UPTO 25% ON PREVAILING SITUATION.

11. OWNERS NAME AND FULL ADDRESS INCLUDING TELEX, FAX, E-MAIL, AND PHONE & PIC OF OWNERS & DESPONDENT OWNERS MUST BE MENTIONED IN THE OFFER. (DEALING IN BANGLADESH DHAKA, CHATTOGRAM & KHULNA). OFFERS IN THE NAME CORRESPONDING OFFICE SHALL BE TREATED AS NON- RESPONSIVE.

12. VESSEL VESSEL TO BE SELF TRIMMING BULK CARRIER, SINGLE DECKER SUITABLE FOR SAFE CARRIAGE OF BULK DAP FERTILIZER. OFFERS MUST BE SUPPORTED BY A NAMED PERFORMING VESSEL HAVING CLASS WITHMEMBER OR ASSOCIATE MEMBER OF INTERNATIONAL ASSOCIATION OF

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CLASSIFICATION SOCIETY (IACS) WITH AUTHORITY LETTERS FROM OWNERS. OFFERS WITHOUT NAME OF THE PERFORMING VESSELS AND AUTHORITY LETTERS FROM OWNERS SHALL BE TREATED AS NON- RESPONSIVE. ALL VESSELS TO BE ENGAGED UNDER THIS CONTRACT MUST BE CLASSED WITH MEMBER OR ASSOCIATE MEMBER OF INTERNATIONAL ASSOCIATION OF CLASSIFICATION SOCIETY (IACS), FULLY ISPS COMPLIANT, COVERED BY P&I CLUB, COMPLY WITH ALL APPLICABLE KSA AND INTERNATIONAL RULES AND REGULATIONS AND TREATIES. THE VESSEL MUST HAVE ALL VALID DOCUMENTS/CERTIFICATE ON BOARD IN GOOD ORDER FOR INSPECTION BY PORT AUTHORITIES AND ALL CONCERNED BEFORE BERTHING AND MUST PASS SHIP’S VETTING SYSTEM AS PER PORT AUTHORITY REGULATIONS. VESSELS MUST HAVE ON BOARD ALL CORRECT AND UPDATED DOCUMENTS, CALIBRATION SCALES, BALLAST TANKS CALIBRATION TABLES, HYDROSTATIC CURBS ETC. AND SHOULD HAVE READABLE DRAFT/SCALE MARKS TO ALLOW THE SURVEYOR TO EXECUTE A CORRECT AND ACCURATE DRAFT SURVEY AT LOADING PORT ACCORDING TO THE INTERNATIONAL SHIPPING PRACTICE FOR DETERMINATION OF CARGO QUANTITY LOADED. THE MASTER OF THE NOMINATED VESSEL HAS TO FACILITATE THE RAPID LOADING OF HIS VESSEL BY ALL MEANS ON BOARD. VESSEL SHALL LEAVE THE LOADING BERTH AS SOON AS LOADING IS COMPLETED FAILING WHICH OWNERS ARE TO INDEMNIFY SUPPLIERS/SHIPPER FOR ANY TIME SO LOST BY OTHER VESSELS WAITING FOR BERTH AT DEMURRAGE RATE OF THESE OTHER VESSELS.

13. NOMINATION A) THE OWNERS SHALL NOMINATE A “SUITABLE PERFORMING VESSEL” WITH LAYCAN OF 5 (FIVE) DAYS SPREAD (THE LAST DAY OF WHICH WILL BE THE “CANCELLING DATE”), DECLARED BY SUPPLIERS TO LOAD THE QUANTITY AGREED UNDER THE SUPPLY CONTRACT.

B) SUPPLIERS ARE TO CONVEY THEIR ACCEPTANCE/REJECTION OF THE NOMINATED VESSEL TO BUYER IN WRITING WITHIN ONE WORKING DAY AFTER RECEIPT OF SUCH NOMINATION (FRIDAY, SATURDAY EXCLUDED). SUPPLIERS SHALL NOT BE OBLIGED TO PROVIDE REASONS FOR ITS REJECTION OF NOMINATION, BUT SHALL NOT REJECT ANY NOMINATION UNREASONABLY. IN CASE OF REJECTION, OWNERS SHALL, AS SOON AS POSSIBLE THEREAFTER, NOMINATE AN ALTERNATIVE VESSEL. OWNERS MAY, WITH SUPPLIERS PRIOR WRITTEN APPROVAL, SUBSTITUTE ANY APPROVED VESSEL WITH ANOTHER SUITABLE VESSEL TO REPLACE THE APPROVED VESSEL. UNLESS EXPRESSLY OTHERWISE AGREED, THE REJECTION BY SUPPLIERS, OR THE SUBSTITUTION BY BUYER OF A NOMINATED VESSEL SHALL NOT IN ANY WAY RELIEVE THE OWNERS FROM THEIR OBLIGATION TO PERFORM THE AGREED LOADING.

C) IF, UPON ARRIVAL, OWNER’S VESSEL DOES NOT MEET THE ACCEPTANCE CRITERIA AND/OR ARE REFUSED BY THE APPLICABLE PORTS AUTHORITIES THEN LAY TIME TO COUNT FROM ACTUAL COMMENCEMENT OF LOADING. IF THE VESSEL FAILS THE ACCEPTANCE CRITERIA AND/OR OTHER ACCEPTANCE REQUIREMENTS AS FORESEEN HEREIN BEFORE FOR A SECOND TIME, SUPPLIERS, MAY, IN THEIR SOLE OPTION AND DISCRETION, REVOKE ITS APPROVAL AND REFUSE TO BERTH SUCH VESSEL, OR LOAD OR CONTINUE TO LOAD HER.

D) UPON THE PARTIES AGREEING TO A LAYCAN OF 5 (FIVE) DAYS SPREAD PURSUANT TO THE SUPPLY CONTRACT, OWNERS TO NOMINATE “SUITABLE PERFORMING VESSEL” AT LEAST 15 (FIFTEEN) DAYS PRIOR TO FIRST DAY OF SUCH LAYCAN, OWNERS, IN ITS WRITTEN NOMINATION OF THE VESSEL, SHALL FURNISH AT LEAST THE FOLLOWING VESSEL DETAILS TO ENABLE SUPPLIERS TO EVALUATE THE SUITABILITY OF THE VESSEL ACCORDING TO THE ABOVE ACCEPTANCE CRITERIA.

14. AGE MAXIMUM UP TO 25 YEARS WITH OVERAGE INSURANCE PREMIUM (OAIP) ON OWNERS ACCOUNT.

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15. FLAG EXCLUDE ISRAEL.

16. P&I AND HULL UNDERWRITERS

OWNERS TO MENTION NAME & ADDRESS OF THEIR P&I CLUB AND HULL UNDERWRITERS.

17. ELIGIBILITY OF TENDERER (i) SHIP OWNERS / DISPONENT OWNERS / AGENTS AND SHIPBROKERS.(ii) PARTIES BLACKLISTED/DEFAULTERS/UNABLE TO PERFORM/ BARRED BY

ANY MINISTRY OR GOVT. ENTERPRISES ARE PROHIBITED TO PARTICIPATE IN THE TENDER.

18. DESCRIPTION OF VESSEL OWNERS TO DECLARE VESSEL’S DETAILED DESCRIPTION INCLUDING NAME, FLAG, TYPE, CLASS, IMO NUMBER, LOA, BREADTH, DRAFT, SPEED, BUILT (WITH YEAR AND MONTH), GRT/NRT, CARGO CAPACITY (GRAIN/BALE), NUMBER OF HO/ HA, DIMENSION OF HO/HA, ISSUE AND EXPIRY DATE OF ISSC, LAST DD/SS, NEXT DD/SS, PRESENT POSITION, ETA LOAD PORT ETC IN THE OFFER.

19. NOMINATION OF VESSEL VESSEL MUST BE NOMINATED TO SUPPLIERS AT LEAST 15 DAYS BEFORE COMMENCEMENT OF LAYCAN. IF OWNER FAILS TO DECLARE NAME OF THE PERFORMING VESSEL WITH ALL DETAILS IN TIME JUST AFTER NOMINATINGTHE VESSEL, THEN ANY CONSEQUENTIAL CHARGES FOR SUCH FAILURE WILL BE ON OWNER'S ACCOUNT.

20. VESSEL’S ACCEPTANCE EXCEPT AS OTHERWISE MAY BE SPECIFIED IN WRITING IN PARTICULAR CASE, AND AS MINIMUM ACCEPTABLE ACCEPTANCE REQUIREMENT, VESSELS NOMINATED FOR LIFTING OF THE PRODUCT AT THE LOAD PORT (S) MUST COMPLY TO THE FOLLOWING:

A) THE MARITIME PROVISIONS AND THE VESSEL SIZE RESTRICTIONS OF THE PARTICULAR LOAD PORT; INCLUDING BUT NOT LIMITED TO DEADWEIGHT, DRAUGHT, BEAM AND OVERALL LENGTH RESTRICTIONS. THE MARITIME PROVISIONS OF THE KSA PORTS AUTHORITY (THE “PORTS AUTHORITY”) AND THE LOAD PORT INFORMATION (WHICH CAN BE FOUND ON: http://www.ports.gov.sa/english/pages/default.aspx INCLUDING BUT NOT LIMITED TO DEADWEIGHT, DRAFT, and BEAM AND OVERALL LENGTH.

B) THE VESSEL SHALL BE DULY CLASSED, SEAWORTHY AND IN ALL RESPECTS COMPLY WITH ALL APPLICABLE KSA AND INTERNATIONAL RULES AND REGULATIONS AND TREATIES.

C) THE VESSEL SHALL IN ALL RESPECTS BE FIT AND SUITABLE FOR LOADING AND CARRYING THE QUANTITY AND QUALITY OF THE PRODUCT;

D) THE VESSEL WILL HAVE ADEQUATE AND COMPREHENSIVE P & I COVERAGE WITH IN INTERNATIONAL REPUTABLE CLUB ACCEPTABLE TO SUPPLIERS, AND THE COVERAGE SHOULD NOT CONTAIN ANY PROVISIONS OR EXCLUSION OF COVERAGE FOR DAMAGE TO SUPPLIER’S PROPERTY; THE VESSEL SHALL BE FULLY CREWED WITH AN EFFICIENT AND COMPETENT MASTER, OFFICERS AND CREW MEMBERS.

E) VESSELS SHALL COMPLY WITH APPLICABLE LAWS, THE REGULATIONS, ORDERS AND GUIDELINES AND OTHER REQUIREMENTS OF THE GOVERNMENT AUTHORITY AND PORT AUTHORITY OF RAS AL KHAIR.

21. LOADING RATE / TERMS A) CARGO FOR A SINGLE GRADE SHALL BE LOADED AT THE RATE OF 10,000 MT PER WEATHER WORKING DAY, SPOUT-TRIMMED, FOR BULK SHIPMENTS WITH SINGLE DECKER VESSELS: AND 5,000 MT PER WEATHER WORKING DAY, SPOUT-TRIMMED, FOR BULK SHIPMENTS WITH TWEEN DECK VESSELS. THE LOAD RATES ARE APPLICABLE FOR EACH PERIOD OF 24 CONSECUTIVE HOURS, FRIDAY FROM NOON/SATURDAY AND HOLIDAY(S) EXCEPTED UNLESS USED WITH A MINIMUM OF 5 HO/HA, PRORATA IF LESS FHEXUU.

B) AT LOADING PORT, TIME FROM 1200 HOURS FRIDAY OR FROM 1200 HOURS THE DAY BEFORE A HOLIDAY UNTIL 0800 HOURS SUNDAY OR UNTIL 0800HOURS THE DAY AFTER HOLIDAY NOT TO CO0UNT AS USED LAYTIME UNLESS USED.

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C) AT LOADPORT LAYTIME TO COMMENCE AT 1400 HOURS IF NOR TENDERED BEFORE NOON AND AT 0800 HOURS THE NEXT WORKING DAY IF NOR TENDERED AFTER NOON AND DURING OFFICE HOURS. AFTER VESSEL HAS PROVIDED NOTICE THAT SHE HAS RECEIVED FREE PRATIQUE, IS READY TO RECEIVE CARGO IN ALL RESPECTS WHETHER IN BERTH OR NOT. THE SAID NOTICE AT THE LOAD PORT MAY NOT BE TENDERED PRIOR TO THE LAYDAY UNLESS BY MUTUAL PRIOR AGREEMENT BETWEEN SUPPLIERS AND CHARTERES.

D) TIME USED FOR SHIFTING FROM ANCHORAGE TO LOADING BERTH SHALL NOT TO COUNT AS USE LAYTIME OR TIME ON DEMURRAGE. TIME LOST BY THE INABILITY OF THE VESSEL TO LOAD IN ACCORDANCE WITH THIS AGREEMENT SHALL NOT COUNT AS USED LAYTIME OR TIME ON DEMURRAGE. ALL NOTICES AT LOADING PORT SHALL BE GIVEN ONLY DURING OFFICE HOURS. OFFICE HOURS ARE DEEMED TO BE 0800– 1600 HOURS SUNDAY TO THURSDAY AND 0800–1200 HOURS ON FRIDAY.

E) SUPPLIER SHALL BE ENTITLED TO DESPATCH TO THE EXTEND OF WORKING TIME SAVES, TO BE COUNTED TILL THE VESSEL COMPLETES LOADING, AT HALF DEMURRAGE RATE AS DECLARED BY OWNERS IN ITS NOMINATION OF THE VESSEL.

22. BERTH(S) AT LOAD PORT AT LOADING, SUPPLIERS WILL HAVE THE OPTION TO USE A SECOND BERTH AND SUPPLIERS SHALL HAVE THE RIGHT OF SHIFTING THE VESSEL, IN SUCH EVENT, SHIFTING EXPENSES FROM IST TO 2ND BERTH TO BE FOR THE OWNER’S ACCOUNT AND THE SHIFTING TIME NOT TO COUNT AS LOADING TIME(OR LAY TIME USED) UNLESS THE VESSEL IS ALREADY ON DEMURRAGE.

23. DISCHARGING TERMS (A) CARGO TO BE DISCHARGED ON LINER TERMS AND DELIVERED IN 50 KG NET WPP BAGS WITH INNER POLYTHENE LINER WHICH WOULD BE STRONG ENOUGH TO WITHSTAND DROP TEST FROM UP TO 10 FEET HEIGHT IN LOADED CONDITION.

(B) COST/ARRANGEMENT OF LIGHTERAGE (IF REQUIRED) TO BE OWNER’S RISK AND RESPONSIBILITY.

(C) COST/ARRANGEMENT OF BAGGING AS PER ATTACHED SPECIFICATION (ANNEXURE-1), WEIGHMENT BY FDR TO ON OWNERS ACCOUNT. EMPTY BAGS AS PER ATTACHED SPECIFICATION (ANNEXURE-1) REQUIRED FOR DISCHARGING TO BE SUPPLIED BY OWNERS AT THEIR COST, EXPENSES, ARRANGEMENTS AND RESPONSIBILITIES.

(D) TRANSPORTATION OF ALL EMPTY BAGS TO THE DISCHARGING POINTS AT CHATTOGRAM AND SHIROMONI GHAT (KHULNA) VIA MONGLA PORT INCLUDING 0.5 (HALF) PERCENT EXTRA EMPTY BAGS SHALL BE ON OWNERS ACCOUNT.

(E) BADC’S C&F AND TRANSPORT AGENT WILL RECEIVE THE DELIVERY OF50.00 KG NET PER BAG FERTILIZER FROM THE BROKER AT DIFFERENT GHATS OF CHATTOGRAM PORT AND SHIROMONI GHAT VIA MONGLA PORT AS MENTIONED IN THE TRANSPORT PROGRAMME ISSUED BY BADC.

(F) DUE TO UNAVOIDABLE CIRCUMSTANCES THE SHIP BROKER WILL BE FULLY RESPONSIBLE FOR THE UNDELIVERED FERTILIZER UNTIL RECEIVED BY BADC OR IT’S AGENT.(---DELETED---)

24. FREIGHT RATE TENDERERS TO QUOTE THEIR FIRM AND FINAL FREIGHT RATE PER MERTIC TON AGAINST THEIR OFFERED TRANSPORTATION.

25. COMMISSION 2.5% ADDRESS COMMISSION TO BE PAID TO BANGLADESH SHIPPING CORPORATION ON 100% GROSS FREIGHT, DEAD FREIGHTAND DEMURRAGE.

26. NOTICES OF READINESS A) ON APPROACH TO LOAD PORT, THE MASTER OF THE VESSEL SHALL GIVENOTICE(S) TO SUPPLIER AND THEIR LOAD PORT AGENTS OF TENTATIVE STOWAGE PLAN CALCULATED ON THE BASIS OF THE STOWAGE FACTOR,

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SUPPLIED BY SUPPLIER, INDICATING THE EXACT QUANTITY OF CARGO REQUIRED AND VESSEL ETA AT LOAD PORT. THE MASTER WILL PROVIDE FURTHER 07 DAYS, 05 DAYS, 72 HOURS, 48 HRS AND 24 HRS NOTICE(S) OF THE APPROXIMATE DATE ON WHICH THE VESSEL WILL ARRIVE AT PORT OF LOADING. ANY CHANGE OF ETA OF MORE THAN 24 HOURS IS TO BE ADVISED IMMEDIATELY TO ALL PARTIES.

B) ONCE THE VESSEL REACHES THE CUSTOMARY ANCHORAGE OR WAITING AREA, A NOTICE OF READINESS (“NOR”) IS TO BE TENDERED DURING OFFICIAL WORKING HOURS ONLY AT THE AT THE LOAD PORT (EXCLUDING FRIDAY FROM 12:01 HRS UNTIL 08:00 HRS OF THE FOLLOWING WORKING DAY IF NOR IS TENDERED AFTER 12:00 NOON OF THE RELEVANT DAY BUT NOT UNTIL THE VESSEL HAS PASSED THE PRE- LOADING HOLDS INSPECTION BY THE INDEPENDENT SURVEYOR (“SURVEYOR”), SURVEYOR SHALL BE APPOINTED BY SELLER, AT HIS COST.

C) ANY NOTICE RECEIVED AFTER 16:00 HRS AT THE LOAD PORT DEEMED TO HAVE BEEN RECEIVED BY SELLER AT 08.00 HRS ON THE NEXT WORKING DAY AND LAYTIME SHALL COMMENCE AS PER THE ABOVE CLAUSE.

D) IF CARGO HOLDS, INCLUDING FREE BOARD (DECK AREA), ARE FOUND IN UNSATISFACTORY CONDITION AND NOT ACCEPTABLE BY THE INDEPENDENT MARINE SURVEYOR, THE BUYER/OWNERS ARE TO CLEAN THE VESSEL’S HOLD AT THEIR TIME AND COST. THE LAY TIME TO STOP COUNTING FROM THE TIME VESSEL FAILS HOLD INSPECTION TILL VESSEL PASSING RE-INSPECTION. IF VESSEL PASSES EITHER DRAFT (IN CASE BUYERS OPT FOR DRAFT) OR NORMAL RE-INSPECTION, OUT OF LAYCAN, THEN LAY TIME TO START COUNTING FROM THE ACTUAL COMMENCEMENT OF LOADING. IN CASE OF DRAFT SURVEY ALL ARRANGEMENTS RELATED TO DRAFT SURVEY WILL BE TO OWNER’S ACCOUNT. DELAY IF ANY ON ACCOUNT OF DRAFT SURVEY AND TIMINGS RELATED TO DRAFT SURVEY NOT TO COUNT AS LAY TIME.

E) THE COST OF SUBSEQUENT INSPECTION IS FOR OWNER’S ACCOUNT. OWNERS TO REPRESENT THE VESSEL FOR SECOND INSPECTION WITHIN MAXIMUM 48 (FORTY-EIGHT) HOURS OTHERWISE SAID NOMINATION STANDS CANCELLED IN SUPPLIER’S DISCRETION.

27. PREPARATION OF HOLDS FOR LOADING:

A) AT THE NOMINATED LOADING PORTS(S), MASTER TO TENDER VESSEL WITH HOLDS, INCLUDING FREE BOARD (DECK AREA) PROPERLY SWEPT, CLEANED AND DRIED, AND FREE OF RUST, TOTALLY FREE OF GRAINS, RESIDUES OF ALL PREVIOUS CARGOES TO SUPPLIER’S INDEPENDENT SURVEYOR’S SATISFACTION AND IN ALL RESPECTS READY TO RECEIVE THE INTENDED CARGO. PRIOR TO TENDERING THE VESSEL FOR LOADING CARGO, BATTENS ARE TO BE REMOVED, BILGE BOARDS AND TIMBER BOARDS ARE TO BE IN PLACE AND MADE TIGHT AGAINST CARGO SEEPAGE AND ROSE BOXES ARE TO BE SUITABLY COVERED AGAINST CARGO SEEPAGE. THE VESSEL TO BE TENDERED TO SUPPLIER AT LOAD PORT, WITHOUT ANY CARGO ON BOARD NEITHER ON DECK NOR UNDER DECK.

B) IN THE EVENT OF THE OWNER’S NOMINATED VESSEL ARRIVING AT LOAD PORT WITH OVER CARRIED CARGO, SUPPLIER SHOULD BE PROVIDED WITH SUFFICIENT SPACE, DULY SEGREGATED TO LOAD SUPPLIERS INTENDED CARGO. SUPPLIER SHALL BE INDEMNIFIED FROM ALL CLAIMS TOWARDS DEAD FREIGHT AND CONTAMINATION RESULTING FROM A LACK OF ADEQUATE SPACE, CO-MINGLING, CONTAMINATION OR RELATED MATTER.

28. LOADING TURN IF THE VESSEL IS KEPT WAITING FOR HER BERTH, IN OR OFF THE LOADING PORT, TIME SHALL NOT COUNT UNTIL EXPIRY OF TURN WITH A MAXIMUM OF FORTY EIGHT (48) HOURS (SUNDAYS AND LEGAL AND LOCAL HOLIDAYSINCLUDED) COMMENCING AT 13:00 HOURS OR 07:00 HOURS, RESPECTIVELY, AFTER THE SHIP’S MASTER HAS GIVEN A WRITTEN NOTICE OF READINESS

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TO LOAD TO THE SHIPPERS DURING USUAL OFFICE HOURS.

29. COMPUTATION OF LAYTIME IT IS AGREED THAT IF THE CARGO CANNOT BE DELIVERED OR LOADED BY REASON OF ACT OF GOD, PERILS OF THE HARBOUR, WAR, REBELLION, TIMULTS, CIVIL COMMOTION, INSURRECTIONS, POLITICAL DISTURBANCES, GOVERNMENT INTERVENTION, CLOSURE OF PLANT, BREAKDOWN OF MACHINERY, EPIDEMICS, QUARANTINES, RIOTS, STRIKES, OR LOCK OUT OF WORK STOPPAGE OF ANY CLASS OF WORKMEN, LONG SHORE MAN OR STEVEDORES OR OTHER PERSONS ESSENTIAL TO THE WORKING, CARRIAGE, DELIVERY OR SHIPMENT FROM POINT OF ORIGIN TO SHIPSIDE LOADING OF THE SAID CARGO WHETHER PARTIAL OR GENERAL OR ACCIDENT AT THE PLANT AT SUPPLIER’S WORKS OR WHARF, LANDSLIDES, BAD WEATHER, FROST, SNOW, CUSTOMS AND/OR CONSTITUTED AUTHORITIES OR ANY CAUSES BEYOND THE CONTROL OF THE SUPPLIERS AFFECTED SHIPMENT MAY BE CANCELLED BY SUPPLIER WITHOUT LIABILITY ON THE PART OF EITHER PARTY. ANY LOADING STOPPAGES TIME DUE TO HUMIDITY, RAIN, STRONG/HIGH WIND, AND SEA SWELLS SHALL NOT COUNT AS USED LAYTIME. IN THE EVENT THAT CARGO CANNOT BE LOADED OR LOADING IS INTERRUPTED BY REASON OF ANY ONE OR MORE OF THE ABOVE CAUSES, ANY TIME SO LOST SHALL NOT BE COMPUTED AS LAYIME UNLESS THE VESSEL IS ALREADY ON DEMURRAGE. SUPPLIER SHALL ENDEAVOR TO KEEP BUYERS NOTIFIED AS FAR AS IN ADVANCE AS POSSIBLE OF SUCH CAUSES WHEN THEY OCCUR TOGETHER WITH ANY INFORMATION AVAILABLE TO THEM AND EXPECTED DURATION OF SAME.

30. LAY-DAY AND CANCELLING A) IN CASE THE VESSEL IS NOT EXPECTED TO ARRIVE AT LOADING PORT WITHIN THE CANCELLING DATES, THE OWNERS SHOULD PROMPTLY INFORM THE SUPPLIERS AND THEN REQUEST FOR AN EXTENSION OF THE CANCELLING DATE. SUPPLIERS HAS THE SOLE DISCRETION TO EITHER CANCEL THE NOMINATION OR GRANTING OF A CONDITIONAL EXTENSION, WHICH IS TO BE DECLARED WITHIN 1(ONE) WORKING DAY FROM TIME OF RECEIVING OWNER’S REQUEST WITHIN SUPPLIERS’S OFFICE WORKING HOURS. IF THE VESSEL IS DELAYED BEYOND THE REVISED EXTENSION OF THE CANCELLING DATE, THE NOMINATION SHALL AUTOMATICALLY, WITHOUT FURTHER NOTICE, DEEMED TO BE CANCELLED.

B) LAY DAYS NOT TO COMMENCE PRIOR TO THE AGREED LAYCAN UNLESS WITH WRITTEN CONSENT OF THE SUPPLIERS AND IF COMMENCED EARLIER, LAY TIME TO COUNT AT HALF FROM THE TIME OF COMMENCEMENT OF LOADING TILL THE FIRST DAY OF THE LAYCAN.

31. DRAFT SURVEY THE BILL(S) OF LADING QUANTITY WILL BE DETERMINED AS PER VESSEL DRAFT SURVEY. FOR THE PURPOSE OF PERFORMING DRAFT SURVEYS THE VESSEL TO FURNISH A CERTIFIED CALIBRATION SCALE FOR ALL TANKS, INCLUDING FORE AND AFT PEAK TANKS, DOUBLE BOTTOM TANKS, AND DEEPTANKS (IF ANY). THE VESSEL SHALL CLEARLY CUT AND MARK ON SHELL PLATING, PIMSOL AND OTHER DRAFT MARKS AMIDSHIPS AND DRAFT MARKS AT THE BOW AND STERN ON PORT AND STARBOARD SIDES. VESSEL TO FURNISH SUPPLIERS OR THEIR AGENT OR SURVEYOR A CAPACITY PLAN DISPLACEMENT SCALE, DEADWEIGHT SCALE AND ANY OTHER HYDROSTATIC INFORMATION REQUIRED BY THE DRAFT SURVEYORS. THE MASTER MUST CERTIFY THAT ALL DOCUMENTS SUPPLIED ARE CORRECT. AT PRELIMINARY SURVEY THE TOTAL QUANTITIES OF BALLAST BUNKERS, STORES ETC ARE TO REASONABLY AGREE WITH THE DEADWEIGHT INDICATED ON THE DEADWEIGHT SCALE. VESSEL’S TRIM WHEN CONDUCTING DRAFT SURVEYS TO BE WITHIN THE RANGE COVERED BY CALIBRATING TRIM TABLES. THE OWNERS SHALL BE LIABLE FOR ALL LOSS, DAMAGE AND EXPENSES CAUSED BY VESSEL OR MASTER’S FAILURE TO COMPLY WITH THIS CLAUSE. TIME LOST BY REASON OF SUCH FAILURESHALL NOT COUNT AS USE LAYTIME OR TIME ON DEMURRAGE?

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32. CHARGES & DUES ELEVATOR CHARGES, SERVICE AND FACILITIES CHARGES, ADDITIONAL STEVEDORING (IF REQUIRED BY VESSEL/MASTER), PORT DUES, HARBOR DUES AND OTHER LOAD PORT EXPENSES JUST AFTER NOMINATING THE VESSEL IF ANY TO BE ON OWNERS ACCOUNT.

33. DUES, WHARFAGEAND TAXES

AT LOAD PORT ALL DUES AND/OR TAXES ON CARGO SHALL BE FOR SUPPLIER’S ACCOUNT, WHEREAS ALL DUES AND/OR WHARFAGE AND/OR TAXES ON VESSEL OR FREIGHT INCLUDING ZAKAT TAX TO BE FOR OWNER’S ACCOUNT EVEN WHEN THE SAME ARE MEASURED BY THE QUANTITY OF CARGO ON BOARD THE NOMINATED VESSEL AT DISCHARGE PORT ALL DUES AND/OR TAXES, CUSTOMARLY LEVIED ON VESSEL OR FREIGHT TO BE FOR OWNER’S ACCOUNT.

34. SOURCE TAX (A) AS PER INCOME TAX ORDINANCE NO. 53 (AA) OF 1984, 5% (FIVE PERCENT) SOURCE TAX WILL BE APPLICABLE ON TOTAL FREIGHT AMOUNT FOR VESSEL OWNED/CHARTERED BY RESIDENT SHIP OWNERS. SOURCE TAX WILL BE DEDUCTED BY THE CHARTERERS FROM 80% FREIGHT AND 20% BALANCE FREIGHT PAYABLE TO OWNERS.

(B) AS PER INCOME TAX ORDINANCE NO. 56 OF 1984, 7.5% (SEVEN AND HALF PERCENT) SOURCE TAX WILL BE APPLICABLE ON TOTAL FREIGHT AMOUNT FOR VESSEL OWNED/CHARTERED BY NON-RESIDENT SHIP OWNERS. SOURCE TAX WILL BE DEDUCTED BY THE CHARTERERS FROM 80% FREIGHT AND 20% BALANCE FREIGHT PAYABLE TO OWNERS.

(C) IN CASE OF NON-RESIDENTIAL TENDERER, ANY KIND OF AGREEMENT FOR AVOIDANCE OF DOUBLE TAXATION AND THE PREVENTION OF FISCAL EVASION WITH RESPECT OF TAXES ON INCOME BETWEEN THE GOVERNMENT OF THE PEOPLES REPUBLIC OF BANGLADESH AND THE GOVERNMENT OF THE NON-RESIDENTIAL TENDERER MUST BE MENTIONED WITH PROPER DOCUMENTS ENCLOSED WITH TENDER. WITHOUT ANY DECLARATION ON TAX REDEMPTION FACILITY, LATER CLAIM OF THIS FACILITY WILL NOT BE ENTERTAINED.

35. DUNNAGE MATERIALS IF OWNERS REQUIRE SEPARATION BETWEEN GRADES AND/OR TYPES OF PRODUCTS OTHER THAN VESSEL’S HOLD OR NATURAL SEGREGATION THEN SUCH ADDITIONAL SEPARATIONS TO BE FOR OWNER’S RISK AND ACCOUNT. DUNNAGE / SHIFTING BOARDS / SEPARATION MATERIALS AND AND/OR BAGGING REQUIRED FOR SAFE STOWAGE TO BE FOR OWNERS ACCOUNT AND TIME USED IN BAGGING NOT TO COUNT.

36. POLLUTION A) OWNERS WARRANT THAT THE VESSEL IS FULLY INSURED AND CERTIFIED FOR POLLUTION RISKS IN ACCORDANCE WITH THE RULES AND REGULATIONS OF THE NATIONAL PORT AUTHORITIES AND INTERNATIONAL TREATIES AS MAY BE RELEVANT TO THE TRADING UNDER THIS CONTRACT.

B) IN NO CASE THE SUPPLIER BE LIABLE FOR ANY CONSEQUENCES OR DEMURRAGE AS A RESULT OF OR FLOWING FROM OWNER’S FAILURE TO COMPLY WITH SUCH RULES AND REGULATIONS.

37. NO OTHER CARGO EXCEPT CHARTERER’S CARGO TO BE CARRIED WHICH SHOULD BE THE QUANTITY MENTIONED IN B/L.

38. VESSEL TO PROVIDE AT LOADING AND DISCHARGING PORTS FREE OF EXPENSES TO CHARTERERS, WINCHES AND/OR CRANES AND THE POWER TO DRIVE THEM. GINS AND FALLS IN GOOD WORKING CONDITIONS ANDALSO TO SUPPLY SUFFICIENT LIGHTS FOR NIGHT WORK AS ON BOARD ON DECK AND IN HOLDS. IF REQUIRED VESSEL TO PROVIDE WINCH MEN AT LOADING AND DISCHARGING PORTS.

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39. ON COMPLETION OF LOADING WHILE ENROUTE TO DISCHARGE PORT MASTER TO CABLE IMMEDIATELY ON SAILING 10/7/5 DAYS APPROXIMATE AND THEREAFTER 3/2/1 DAYS DEFINITE ETA NOTICE TO FOLLOWING INWRITING EITHER DIRECTLY OR THROUGH THE AGENTS:-

i) GENERAL MANAGER (PURCHASE)BANGLADESH AGRICULTURAL DEVELOPMENT CORPORATION,DHAKA.PHONE: 0088-02-9552136; FAX: 0088-02-E-MAIL: gmpurchase@badc.gov.bd

ii) BANGLADESH SHIPPING CORPORATION, CHATTOGRAM.FAX NO. 00880-031-710506 / 722380E-MAIL: gm-cht@bsc.gov.bd

iii) MANAGER (MOVEMENT)BANGLADESH AGRICULTURAL DEVELOPMENT CORPORATION,DHAKAFAX : 0088-02-9564357 / 9552193E-MAIL: managermovement@badc.gov.bd

iv) JOINT DIRECTOR (FERTILIZER),BANGLADESH AGRICULTURAL DEVELOPMENT CORPORATION, BADC.BADC BHABAN, AGRABAD, C/A, CHATTOGRAMFAX : 0088-031-715851E-MAIL: jd.fert.ctg@gmail.com

40. TRIMMING/HATCHES/STEV EDORES

A) CARGO SHALL BE LOADED BY THE SUPPLIERS FREE OF RISK AND EXPENSES TO THE VESSEL. SUPPLIERS SHALL ONLY PAY FOR THE TRIMMING WHICH THE LOADING FACILITIES CAN ACHIEVE. ANY EXTRA LEVELING, TRIMMING OR FILLING, IF REQUIRED BY THE VESSEL’S MASTER, TO BE AT OWNER’S RISK AND EXPENSES. TIME USED FOR THE SAME NOT TO COUNT AS USED LAYTIME OR TIME ON DEMURRAGE. VESSEL SHALL BE CAPABLE OF ACCOMPLISHING SUCH WORK. VESSEL TO FURNISH FULL USE OF TACKLES, CRANES, WINCHES WITH NECESSARY STEAM OR POWER TO OPERATE SMOOTH, FREE OF EXPENSE OF THE SUPPLIERS. OPENING AND CLOSING OF HATCHES AT LOADING PORT SHALL BE FOR OWNER’S ACCOUNT, PROVIDED LOCAL REGULATION PERMIT. THE MASTER SHALL COVER THE HATCH OF EACH HOLD AS SOON AS LOADING INTO SAME IS FINISHED AND ALSO ALL HATCHES WHEN LOADING IS FINISHED FOR THE DAY, OR AS DIRECTED BY THE SUPPLIERS IF THE WEATHER IS WET, HIGHLY HUMID, DUSTY OR THREATENING. VESSEL’S MASTER SHALL ALSO KEEP COVERED ALL HATCHES IN WHICH LOADING IS NOT ACTUALLY BEING PERFORMED. SUPPLIER SHALL APPOINT STEVEDORES FOR LOADING. HOWEVER, SUPPLIERS SHALL NOT BE RESPONSIBLE FOR ANY NEGLIGENCE, DEFAULT OR ERROR OF JUDGMENT OF STEVEDORES, CLAIM FOR STEVEDORE DAMAGE, IF ANY, TO BE SETTLED DIRECTLY BETWEEN STEVEDORES AND OWNERS.

B) CARGO TO BE LOADED IN CLEAR UNOBSTRUCTED MAIN HOLDS ONLY WHICH ARE SUITABLE FOR SHIP LOADERS TO GO INSIDE THE HOLDS TO LOAD. NO CARGO TO BE LOADED IN DEEP TANKS OR ANY OTHER INACCESSIBLE PLACES UNLESS WITH SHIPPERS CONSENT. IN WHICH CASE ANY EXTRA TIME USED OR EXPENSES OR RISKS INVOLVED, INCURRED IN LOADING IS TO BE FOR THE SHIP OWNERS ACCOUNT.

41. LOAD PORT AGENT THE VESSEL SHALL BE CONSIGNED, FOR HER CARGO AND FOR CUSTOM CLEARANCE, TO THE SHIPPER’S RECOMMENDATION. THE SHIP OWNER SHALL APPOINT THEIR OWN AGENTS AT LOAD & DISCHARGE PORT. AT LOAD PORT OWNERS TO PAY AGENCY FEES ACCORDINGLY WITH THE RATES IN FORCE. OWNER TO ARRANGE REMITTANCE OF ENOUGH FUNDS TO THEIR AGENTS TOCOVER D/A WELL BEFORE VESSEL’S ARRIVAL AT LOADING PORT, FAILING WHICH ANY TIME SO LOST FOR VESSEL WAITING FOR FUNDS TO REACH

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BANK WILL BE FOR DEMURRAGE OR NOT.

OWNER’S ACCOUNT WHETHER VESSEL IS ON

42. BILL OF LADING BILL OF LADING TO BE ISSUED AND SIGNED BY MASTER OF THE VESSEL OR ITS AUTHORIZED AGENT. THE DATE OF CHARTER PARTY BETWEEN BADC AND SHIP OWNERS / DISPONENT OWNERS / AGENTS AND SHIPBROKERS MUST BE IDENTIFIED BY THE DATE ON BILLS OF LADING. IT IS AN AUTHENTICATED EVIDENCE FOR QUANTITY LOADED AND THE TITLE OF THE GOODS. THE BILL OF LADING QUANTITY SHALL BE PROVIDED BY THE SURVEYOR.

43. RELEASING LADING

OF BILL OF A) MASTER TO ISSUE CLEAN BILL(S) OF LADING (B/L). MASTER OR AUTHORIZED AGENT TO SIGN AS MANY BILLS OF LADING AS REQUESTED BY THE SUPPLIERS.

B) BILL(S) OF LADING MARKED “FREIGHT PAYABLE AS PER CHARTER PARTY”TO BE RELEASED IMMEDIATELY.

44. OWNERS OR OWNERS AGENTS TO AIR FREIGHT OR AIR MAIL BY COURIER ALL NECESSARY SHIPPING DOCUMENTS FROM LOADING PORT IMMEDIATELY ON COMPLETION OF LOADING TO CHARTERER’S

BANGLADESH AGRICULTURAL DEVELOPMENT CORPORATION, KRISHI BHABAN, 49-51 DILKUSHA C/A, DHAKA-1000, BANGLADESH. ATTN: GENERAL MANAGER (PURCHASE).

45. A. THE QUANTITY OF CARGO AS PER BILL OF LADING SHALL BE DELIVERED AT THE PORT OF DISCHARGE BY THE MASTER/CHIEF OFFICER OF THE SHIP ON BEHALF OF THE OWNERS AND RECEIVED BY THE REPRESENTATIVE OF THE CHARTERERS. DURING TRANSFER OF TITLE OF THE CARGO FINAL DISCHARGE REPORT (FDR) WILL BE PREPARED AND SIGNED BY THE MASTER/CHIEF OFFICER OF THE SHIP OR REPRESENTATIVE OF OWNERS AND CHARTERERS. FDR SO PREPARED WILL BE FINAL AND BINDING ON BOTH THE PARTIES. INCASE OF DISAGREEMENT THE DAILY TALLY REPORT WILL BE FINAL AND BINDING.

B. VESSEL/OWNERS SHALL REMAIN FULLY RESPONSIBLE TO DELIVER THE B/L QUANTITY OF CARGO TO THE APPOINTED OFFICER/REPRESENTATIVE/AGENT OF BADC. BADC WILL RECEIVE FERTILIZER ON THE BASIS OF ACTUAL QUANTITY HANDED OVER TO BADC.

46. DEMURRAGE / DESPATCH AT LOADING PORT

USD. XXXX / USD..XXXX PER DAY OR PRORATA. DEMURRAGE / DESPATCH RATE SHOULD BE MUTUALY AGREED BETWEEN OWNER AND SELLER(MA’ADEN)

47. DEMURRAGE/DESPATCH AT DISPORT

NO DEMURRAGE / DESPATCH APPLICABLE AT DISCHARGE PORT VIEW DISCHARGE ON LINER TERMS.

48. SETTLEMENT OF DEMURRAGE AND DISPATCH

A) SUPPLIERS TO SUBMIT THE FULLY DOCUMENTED CLAIM FOR DISPATCH, IF ANY, TO OWNERS THROUGH CHARTERERS WITHIN 20 (TWENTY) DAYS FROM THE DATE OF COMPLETION OF LOADING FOR OWNER’S REVIEW AND CONFIRMATION. WHEREAS UPON REACHING AN AGREEMENT OF THE CLAIM, OWNER TO SETTLE TO SUPPLIERS THE AGREED CLAIM WITHIN 15 (FIFTEEN) DAYS. SIMILARLY, OWNERS TO SUBMIT THE FULLY DOCUMENTED CLAIM FOR THE DEMURRAGE, IF ANY, TO SUPPLIERS THROUGH CHARTERERS WITHIN 30 (THIRTY) DAYS FROM THE DATE OF COMPLETION OF LOADING FOR SUPPLIER’S REVIEW AND CONFIRMATION. WHEREAS, UPON REACHING AN AGREEMENT OF THE CLAIM, SUPPLIERS TO SETTLE TO OWNERS THE AGREED CLAIM WITHIN 15 (FIFTEEN) DAYS.

B) DEMURRAGE RATE TO BE DECLARED DURING THE VESSEL NOMINATION WHICH SHOULD BE USD. XXXXX PER DAY PRO RATA PER DAY HALF DISPATCH. DEMURRAGE RATE SHOULD BE MUTUALLY AGREED BETWEEN CHARTERERS AND SUPPLIERS.

C) THE LIABILITY OF THE SUPPLIERS FOR THE PAYMENT OF DEMURRAGESHALL NOT EXCEED THAT DEMURRAGE AMOUNT ACTUALLY INCURRED BY THE OWNER’S AT THE LOADING PORT.

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49. CHARTERERS WILL NOT BE RESPONSIBLE FOR ANY FINANCIAL COSTS ACCRUING BECAUSE OF VESSEL’S INABILITY TO LOAD IN CASE OF WORK STOPPAGE AT THE PORT OR ANY CONGESTION OF VESSELS.

50. FREIGHT PAYMENT PAYMENT OF FREIGHT TO BE MADE BY CONFIRMED AND IRREVOCABLE LETTER OF CREDIT IN US DOLLAR AS FOLLOWS: -

INITIAL 80% (EIGHTY PERCENT) FREIGHT TO BE PAID WITHIN 05 (FIVE) WORKING DAYS AFTER DISCHARGING OF 10% (TEN PERCENT) CARGO OF B/L QUANTITY FROM MOTHER VESSEL AT CHATTOGRAM PORT AND AFTER DEDUCTION OF 2.50 % (TWO POINT FIVE PERCENT) COMMISSION OF BANGLADESH SHIPPING CORPORATION ON 100% GROSS FREIGHT. COMMISSION SO DEDUCTED TO BE REMITTED / CREDITED BY L/C NEGOTIATING BANK TO BANGLADESH SHIPPING CORPORATION’S FOLLOWING BANK ACCOUNT WHILE PAYING 80% FREIGHT TO OWNERS/BENEFICIARY :-

USD FREIGHT COLLECTION A/C. (FCA) NO. 260-361076-178 THE HONGKONG AND SHANGHAI BANKING CORPORATION, LIMITED20 RAFFLE PLACE # 02-00 OCEAN TOWERS SINGAPORE 048620 SWIFT CODE: HSBCSGSG BANK CODE: 7232

BENEFICIARY : BANGLADESH SHIPPING CORPORATION

(A) INITIAL 80% FREIGHT TO BE PAID SUBJECT TO PROVIDE FOLLOWING DOCUMENTS:(i) FREIGHT INVOICE (in three copies)(ii) COPY OF NON-NEGOTIABLE BILL OF LADING.(iii) COPY OF PSI CERTIFICATE OF LOADING.(iv) COPY OF BAG ISPECTION REPORT OF FULL QUANTITY.(v) 10% CARGO DISCHARGE CERTIFICATE OF BL QUANTITY FROM

MOTHER VESSEL ISSUED BY THE GENERAL MANAGER (PURCHASE), BADC.

(B) 20% BALANCE FREIGHT TO BE PAID ON COMPLETION OF DISCHARGE AND RIGHT AND TRUE DELIVERY OF CARGO UPON ADJUSTMENT OF CFR VALUE OF DAMAGE CARGO, SHORTAGE OF CARGO, LOAD PORT DESPATCH, AND OAIP (OVERAGE INSURANCE PREMIUM) AND ALSO AFTER DEDUCTION OF OTHER ANCILLARY COSTS LIKE-INSURANCE, PRE-SHIPMENT INSPECTION, PORT CHARGES/RIVER DUES ETC. OF SHORTAGE/DAMAGE CARGO.i) FREIGHT INVOICE (in three copies).ii) COPY OF FDR AT DISCHARGE PORT.

iii) COPY OF SURVEY REPORT SHOWING CONDITION OF CARGO AT THE POINT WHERE FDR IS PREPARED.

iv) DOCUMENTS FOR SETTLEMENT OF DESPATCH / DEMURRAGE AT LOADPORT AND DAMAGE CARGO/SHORT LANDING CARGO.

v) DOCUMENT SHOWING ADJUSTMENT OFOVERAGE INSURANCE PREMIUM IFANY.

vi) SPECIFIC INSTRUCTION, IF REQUIRED GIVEN BY BADC TO REALIZE ANYOTHER CLAIM

v) AFTER FINAL SETTLEMENT OF ALL CLAIM.

C) LETTER OF CREDIT CONFIRMATION AND NEGOTIATION AND AMENDMENT CHARGES TO BE ON OWNERS ACCOUNTS.D) ANY LOSS OR DAMAGES OR PAYMENT DUES IF ANY, ARISING

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OUT OF ANY OTHER CONTRACT OF THE BIDDER WILL BEREALIZED FROM ANY CONTRACT OF THE SAME BIDDER.

51. FORCE MAJURE CLAUSE SHOULD LOADING BE RENDERED IMPOSSIBLE IN CONSEQUENCE OF THE STRIKE, LOCK-OUT OR ANY OTHER CAUSE OF FORCE MAJURE BEYOND THE SHIPPER’S CONTROL, THE LATTER SHALL GIVE A WRITTEN NOTICE TO THE RECEIVERS/CHARTERERS (BY TELEGRAM IF NECESSARY) AT THE LATEST ON RECEIPT OF THE TELEGRAPHIC NOTICE STIPULATED IN CLAUSE A ABOVE. IF A VESSEL HAS ALREADY TELEGRAPHED THIS NOTICE, THE SHIPPERS SHALL NOTIFY THE RECEIVERS/ CHARTERERS OF THE CASE OF FORCE MAJEURE AS SOON AS THIS IS KNOWN TO THEM. AT ANY TIME BEFORE THE VESSEL’S ARRIVAL AT THE PORT OF LOADING, OR BEFORE LOADING COMMENCES, THE RECEIVERS / CHARTERERS MAY NOTIFY TO THE SHIPPERS THEIR INTENTION TO CANCEL THE CHARTER PARTY. SUCH CANCELLATION SHALL BECOME EFFECTIVE IF, FORTY-EIGHT (48) RUNNING HOURS FOLLOWING THE RECEIPT OF THIS NOTIFICATION, THE SHIPPERS HAVE NOT DECLARED THAT THEY ARE ABLE TO LOAD. IN CASE THE CHARTER PARTY IS MAINTAINED, TIME SHALL COUNT AS STIPULATED IN CLAUSE ABOVE, NOTWITHSTANDING THE CASE OF FORCE MAJEURE INVOKED. AT ANY TIME DURING THE INTERRUPTION OF LOADING OWING TO FORCE MAJEURE, THE SHIPPERS SHALL HAVE THE OPTION TO CANCEL THE CHARTER PARTY BY A NOTICE OF FORTY-EIGHT (48) RUNNING HOURS TO BE TENDERED TO THE RECEIVERS / CHARTERERS. IF THE VESSEL HAS STARTED LOADING, THE SHIP’S MASTER SHALL HAVE THE OPTION OF SAILING OUT WITH THE QUANTITY ALREADY LOADED, FORTY- EIGHT (48) RUNNING HOURS AFTER THE INTERRUPTION OF LOADING THROUGH FORCE MAJEURE, UNLESS, BEFORE EXPIRY OF THIS DELAY, THE SHIPPERS DECLARE THAT THEY ARE ABLE TO LOAD THE CARGO, THE TIME COUNTING NOTWITHSTANDING THE CASE OF FORCE MAJEURE INVOKED. UNDER NO CIRCUMSTANCES, THE SHIPPERS SHALL BE HELD RESPONSIBLE FOR PAYMENT OF ANY DEADFREIGHT IF ONLY A PART CARGO HAS BEEN LOADED.

52. AT LOAD PORT SUPPLIERS / CHARTERERS SHALL NOT BE LIABLE FOR FAILURE OR DELAY IN PERFORMANCE OF ITS RESPONSIBILITIES HEREUNDER FOR ANY SUCH FAILURE OR DELAY WHICH MAY BE CAUSED BY STRIKES, LOCKOUTS OR OTHER LABOUR DISTURBANCES, RIOTS OR CIVIL COMMOTIONS, WAR OR CONSEQUENCES OF WAR DECLARED OR UNDECLARED, REQUISITION OR THREAT OF REQUISITION, GOVERNMENTAL OR OTHER RESTRAINTS AFFECTING SHIPPING OR IMPORT AND EXCHANGE CONTROLS OR CREDIT OR GOVERNMENTAL AUTHORITY OR AGENCY, ACCIDENTS, FIRE, FLOOD, SEVERE WEATHER OR ANY EXTRAORDINARY OCCURRENCE OF ANY OTHER CAUSES BEYOND CHARTERER’S/SUPPLIERS’S CONTROL.

53. OWNERS/DISPONENT OWNERS MAY SUBSTITUTE VESSEL THROUGH BADC SUBJECT CHARTERERS/SUPPLIERS / SHIPPERS APPROVAL AND MUST COMPLY WITH TERMS AND CONDITIONS OF TENDER BUT SUCH SUBSTITUTION TO BE DECLARED AT LEAST 1(ONE) DAYS BEFORE COMMENCEMENT OF LAY CAN.

54. TENDER SECURITY TENDER SECURITY 32,00,000.00 (THIRTY TWO LAC ONLY) TK SHOULD BE IN THE FORM OF PAY ORDER OR DEMAND DRAFT, (BANK GUARANTEE SHALL NOT BE ACCEPTABLE) FROM ANY SCHEDULED BANK IN BANGLADESH TO BE SUBMITTED IN FAVOUR OF BANGLADESH SHIPPING CORPORATION ALONG WITH OFFER AND THE TENDER SECURITY IS REFUNDABLE. HOWEVER THE SAME WILL BE RETURNED TO SUCCESSFUL TENDERERS ON SUBMISSION OF PERFORMANCE GUARANTEE BY THE PRINCIPAL.

55. PERFORMANCE GUARANTEE

10% (TEN PERCENT) PERFORMANCE GUARANTEE (IN US DOLLAR OR EQUIVALENT BANGLADESH TAKA) ON TOTAL CONTRACT VALUE (FOR PART-A & PART-B) [IN ACCORDANCE WITH THE RULE 27(2) OF PPR-2008 FOR NEWBIDDER (PRINCIPAL/LOCAL AGENT/BROKER ETC WHO ARE NOT ENLISTED IN IMCC BROKERENLISTMENT) & IF TEC OF IMCC FEELS THAT THERE IS ANY IMBALANCING NATURE IN ANYBIDDER (EVEN WHO IS ENLISTED IN IMCC BROKER ENLISTMENT) PERFORMANCE

GUARANTEE VALUE CAN BE EXTENDED 10% TO 25% COMPLYING WITH THE MENTIONED RULE OF PPR-2008] IN THE FORM OF A PAY ORDER OR A DEMAND DRAFT 0R AN UNCONDITIONAL BANK GUARANTEE (SPECIMEN ENCLOSED) TO BESUBMITTED BY THE PRINCIPAL THROUGH A SCHEDULE BANK IN BANGLADESH EXCEPT PUBALI BANK LTD AND PRIME BANK LTD IN FAVOUR OF BANGLADESH AGRICULTURAL DEVELOPMENT CORPORATION WITHIN5(FIVE) BANKING DAYS (IN DHAKA) AFTER ISSUANCE OF NOTIFICATION OF

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AWARD. THE BANK GUARANTEE SHALL REMAIN VALID FOR A PERIOD OF 180 (ONE HUNDRED EIGHTY) CALENDAR DAYS FROM THE ISSUANCE DATE.

THE SUCCESSFUL BIDDER WILL SUBMIT ONLY ONE PERFORMANCE SECURITY AGAINST BOTH PART-A & PART-B.

IF THE SUCCESSFUL TENDERER FAILS TO FURNISH PERFORMANCE GUARANTEE WITHIN 5(FIVE) BANKING DAYS OR SO EXTENDED THEREOF BY BADC AT ITS DISCRETION AFTER ISSUANCE OF NOTIFICATION OF AWARD (NOA), THE NOA SO ISSUED SHALL BE DEEMED WITHDRAWN AND THE TENDER SECURITY SHALL BE FORFEITED WHETHER BIDDER SUFFERED ANY LOSS OR NOT. IF THE SUCCESSFUL BIDDER FAILS TO COMPLY WITH THE TERMS & CONDITIONS OF TENDER/ NOA/ CP/LOCAL TRANSPORTATION CONTRACT, THE PERFORMANCE SECURITY SHALL BE FORFEITEDWHETHER THE BIDDER SUFFERED ANY LOSS OR NOT.

56. IF THE OPTION OF CANCELLING THIS C/P OR TENDERING NOTICE AFTER THE EXPIRATION OF LAYDAYS IS NOT EXERCISED, THE OWNERS/OPERATORS ARE TO BE FULLY RESPONSIBLE FOR ALL CHARGES ATTRIBUTABLE TO THE FAILURE TO TENDER NOTICE BEFORE THE CANCELLING DATE OF THE CHARTER INCLUDING BUT NOT LIMITED TO THE CARRYING CHARGES (COVERING INTEREST, STORAGE AND INSURANCE), IN WHICH CASE, IT WILL BE A CONDITIONS OF PAYMENT OF FREIGHT COST THAT OWNERS OR OPERATORS MUST SUBMIT AS PART OF THE DOCUMENTATION “PAID” INVOICES FROM THE SUPPLIERS FOR CARRYING CHARGES OR A CERTIFICATION FROM THE SUPPLIERS THAT CARRYING CHARGES DID NOT ACCRUE.

57. RESTRICTIONS/REGULATIONS ETC AT LOADPORT/DISPORT

OWNERS ARE FULLY AWARE OF AND RESPONSIBLE TO COMPLY WITH RULES/ REGULATIONS / RESTRICTIONS OF LOAD PORT / DISCHARGE PORTS.

58. COMPLIANCE WITH LAWS BUYER/OWNER REPRESENTS AND WARRANT THAT THE VESSEL IS, OR WILL BE PRIOR TO TENDER ANY NOR, ELIGIBLE FOR TRADING TO THE PORTS AND PLACES SPECIFIED IN THE CONTRACT AND IS IN FULL COMPLIANCE WITH ALL LAWS AND REGULATIONS OF ALL PORT AUTHORITIES AND OF ALL OTHER GOVERNMENTAL AUTHORITIES HAVING JURISDICTION, AS INTERPRETED AND APPLIED BY SUCH AUHORITIES, WHICH APPLY TO THE VESSEL, OR WHICH REGULATE LOADING OF THE PRODUCT AS CONTRACED. ANY TIME LOST BY FAILURE OF THE VESSEL TO MAINTAIN SUCH ELIGIBILITY OR TO BE IN SUCH COMPLIANCE SHALL NOT COUNT AS USED LAYTIME OR TIME ON DEMURRAGE. ANY EXPENSES TO OBTAIN ELIGIBILITY OR TO COME INTO COMPLIANCE OR INCURRED DUE TO NONELIGIBILITY OR NON- COMPLIANCE SHALL BE FOR BUYER’S/OWNER’S ACCOUNT. BUYER/OWNER WARRANTS THAT THE VESSEL HAS NOT ENTERED AND WILL NOT ENTER ANY PORT IN VIOLATION OF ANY APPLICABLE RESTRICTIONS OF ANY GOVERNMENT HAVING JURISDICTION.

59. OWNERS GUARANTEE TO PLACE THE VESSEL AT CHARTERERS NOMINATED LOAD PORT WITHIN CANCELLING DATE. HOWEVER IF THEY FAIL TO PLACE THE VESSEL, ALL STORAGE/CARRYING CHARGES, OTHER RELATED CHARGES AND INTEREST SHOULD BE BORNE BY THE OWNERS, IF CHARTERERS DO NOT EXERCISE OPTION FOR CANCELLATION OF FIXTURE.

60. ALL OFFERS MUST BE SUBMITTED IN CLOSED ENVELOPE IN TENDER BOX TO BE KEPT AT BSC DHAKA OFFICE, “BSC TOWER” (22ND FLOOR), PLOT NO. 2 & 3, RAJUK AVENUE, DAINIK BANGLA CIRCLE, MOTIJHEEL COMMERCIAL AREA, DHAKA – 1000 BANGLADESH. OFFER THROUGH BSC’S TELEX/FAX/E-MAIL WILL NOT BE ACCEPTED.

61. =====DELETED======

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62. DOCUMENTS TO BESUBMITTED ALONGWITHTHE OFFER

A) TENDER SECURITY IN THE FORM OF PAY ORDER OR DEMAND DRAFTFROM ANY SCHEDULED BANK IN BANGLADESH. BANK GUARANTEE SHALL NOT BE ACCEPTABLE.

B) UNDERTAKING MUST BE GIVEN IN THE LETTER HEAD PAD BY BOTH THE BIDDER AND LOCAL AGENT CONFIRMING ACCEPTANCE OF ALL THE TERMS AND COND INVITATION FOR QUOTATION DOCUMENT ALONGWITH TENDER SCHEDULE DULY SEAL AAUTHORIZED BIDDER OF SIGNATORY.

C) DETAILED BACKGROUND OF PRINCIPAL ALONGWITH COMPANY REGISTRATION CERTIFICATE, FINANCIAL SOLVENCY CERTIFICATE WITHDETAILS PHYSICAL ADDRESS.

D) AN AUTHORIZATION LETTER ISSUED BY THE PRINCIPAL IN THEIR LETTERHEAD PAD IN ORIGINAL ON THE LOCAL AGENT/LOCAL CARRIER REGARDINGPARTICIPATION IN THE TENDER, SIGNING TENDER DOCUMENTS & CHARTER PARTY AGREEMENT, LOCAL TRANSPORTATION AND/OR PAYMENT INSTRUCTIONS TO LOCAL CARRIER.

E) BIDDERS WHO WISH TO SUBMIT THEIR OFFER ON BEHALF OF NEW PRINCIPAL MUST SUBMIT THE NEW PRINCIPAL’S INCORPORATION / REGISTRATION CERTIFICATE. PARTICULARS OF ALL DIRECTORS OF PRINCIPALWITH NATIONAL ID/PASSPORT(BOTH PRINCIPAL & LOCAL AGENT) AND 01(ONE) YEAR’S EXPERIENCE OF PRINCIPAL IN CHARTERING BUSINESS OR PERFORMANCE OF SUCCESSFUL COMPLETION OF AT LEAST 01 (ONE) SHIPMENTS.COPY OF THE END USE CERTIFICATE / PERFORMANCE CERTIFICATE MUST BE ISSUED IN THE END USER’S LETTER HEAD PAD WHERE TELEPHONE NO. , FAX NO.CONTRACT PERSON, EMAIL WITH FULL MAILING ADDRESS MUST BE MENTIONEDALONGWITH RELEVANT CHARTER PARTY (C.P.) OF THE MENTIONSHIPMENTS. ATTESTED COPY OF TRADE LICENCE, UPDATED TIN CERTIFICATEAND VAT REGISTRATION CERTIFICATE BY A FIRST CLASS GAZETTED OFFICER.

63. OPENING TIME & DATE : 11:40 HRS. (BST) ON 02.05.2021 AT “BSC TOWER” (22ND FLOOR), PLOT NO. 2 & 3, RAJUKAVENUE, DAINIK BANGLA CIRCLE, MOTIJHEEL C/A, DHAKA-1000.

64. CLOSING TIME & DATE : 11:45 HRS. (BST) ON 02.05.2021 AT “BSC TOWER” (22ND FLOOR), PLOT NO. 2 & 3, RAJUK AVENUE, DAINIK BANGLA CIRCLE, MOTIJHEEL C/A, DHAKA-1000.

65. VALIDITY OF OFFER OFFER MUST REMAIN VALID UP TO 10/05/2021 (1800 HRS BDT)66. WAR RISK INSURANCE OWNERS TO TAKE WAR RISK INSURANCE COVERAGE IF APPLICABLE.

67. ARBITRATION: ANY DISPUTE RELATING TO THE C/P FOR TRANSPORTATION OF THE CARGO OR BREACH THEREOF SHALL BE SETTLED OR ADJUSTED AMICABLY BY NEGOTIATIONS BETWEEN THE OWNERS AND THECHARTERERS. IN CASE NO SETTLEMENT CAN BE REACHED, THE

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SHALL APPOINT IN WRITING AN UMPIRE WHOSE DECISION ON THE DISPUTE OR DISPUTES SHALL BE FINAL AND BINDING ON BOTH THE OWNERS AND THE CHARTERERS. THE PROVISION OF THE ARBITRATION ACT 2001 OF BANGLADESH SHALL BE FOLLOWED AND THE VENUE OF THE ARBITRATION SHALL BE DHAKA, BANGLADESH. THE OWNERS AND THE CHARTERERS SHALL BEAR THE COST IN RESPECT OF THEIR RESPECTIVE ARBITRATOR AND THE COST IN RESPECT OF THE UMPIRE SHALL BE BORNE BY THE BOTH THE OWNERS AND THE CHARTERERS EQUALLY.

68. OTHER TERMS AND (i) ALL OTHER TERMS AND CONDITIONS AS PER GENCON CHARTER PARTYCONDITIONS WITH LOGICAL AMENDMENTS/ ALTERATIONS.

(ii) ALTERNATIVE AND CONDITIONAL OFFER SHALL BE REJECTEDOUTRIGHT.

(iii) THE PROCURING ENTITY SHALL DISQUALIFY A TENDERER WHO SUBMITSA DOCUMENT CONTAINS FALSE INFORMATION FOR PURPOSE OFQUALIFICATION OR MISLEADS OR MAKES FALSE REPRESENTATION INPROVIDING ITS QUALIFICATION REQUIREMENTS IF SUCH A TENDERERINELIGIBLE, EITHER INDIFFRENTELY OR FOR A STATED PERIOD OF TIMEFROM PARTICIPATION IN FUTURE TRANSPORTATION PROCEEDINGS.

(iv) CHARTERERS RESERVE THE RIGHT TO ACCEPT/REJECT ANY/OR ALLOFFERS IN PART OR FULLY WITHOUT ASSIGNING ANY REASONSWHATSOEVER.

(v) THE PROCURING ENTITY SHALL DISQUALIFY A TENDERER WHO HASRECORD OF POOR PERFORMANCE SUCH AS ABANDONING THE ASSIGNEDJOB, NOT PROPERLY PERFORMING THE CONTRACT, MAKING DELAYS INNOMINATION OF VESSELS, ARRIVAL OF VESSEL IN LOAD PORT ANDDISCHARGE PORT AND DELAY IN DISCHARGE PORT LITIGATION HISTORYOF FINANCIAL FAILURE AGAINST ANY CHARTER PARTY AGREEMENT.

(vi) THE CHARTER PARTY HAS TO COMPLETE HANDING OVER THE B/LQUANTITY OF FERTILIZER TO BADC END WITHIN 60 DAYS (MAXIMUM)FROM THE DATE OF COMPLETION OF DISCHARGE FROM MOTHER VESSELFAILURE TO DOSO WILL BE TREATED AS POOR PERFORMANCE.

(vii) TENDERER SHALL ENCLOSE THE ORIGINAL IN ONE (1) ENVELOPE AND ONE (1) COPY OF THE TENDER IN ANOTHER ENVELOPE, DULY MARKING THE ENVELOPES AS “ORIGINAL (O)” AND “COPY.” THESE SEALED ENVELOPES WILL THEN BE ENCLOSED AND SEALED IN ONE (1) SINGLE OUTER ENVELOPE.(viii) TENDERER SHALL SUBMIT A DECLARATION THAT THEY ARE NOT DEBARRED BY ANY GOVERNMENT ENTITY IN BANGLADESH AND NOTCONVICTED IN ANY LOCAL/INTERNATIONAL COURT.

GENERAL MANAGER (CHARTERING AND TRAMPING)BANGLADESH SHIPPING

CORPORATION AS AGENT ONLY

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PART-B (LOCAL TRANSPORTATION):

TRANSPORTATION OF 2ND LOT OF 40,000 MT (+/- 10%) DAP FERTILIZER IN BULK FROM OUTER ANCHORAGE OF CHATTOGRAM AND MONGLA PORT, TO CHATTOGRAM AND SHIROMONI GHAT (KHULNA) VIA MONGLA PORT, BANGLADESH A/C BANGLADESH AGRICULTURAL DEVELOPMENT CORPORATION (BADC).

1. SCOPE OF WORK:

A: STEVEDORING, LIGHTERING, BAG SUPPLY, BAGGING, WEIGHMENT, STITCHING, LOADING, UNLOADING, TRANSPORTATION & STACKING OF FERTILIZER TO THE GHATS OF CHITTAGONG PORT/PRIVATE GHAT AND THE GODOWNS OF CHITTAGONG CITY CORPORATION AREAS/INDUSTRIAL AREAS/ANY OTHER LOCAL GODOWNS OF BADC FROM OUTER ANCHORAGE OF CHATTOGRAM PORT AFTER COMPLETION OF NECESSARY WORKS AS PER ALLOTMENT GIVEN BY BADC.

B: STEVEDORING, LIGHTERING, BAG SUPPLY, BAGGING, WEIGHMENT, STITCHING, LOADING, UNLOADING, TRANSPORTATION & STACKING OF FERTILIZER TO THE GHATA OF KHULNA/ GODOWNS OF KHULNA CITY CORPORATION AREAS/INDUSTRIAL AREAS/ANY OTHER LOCAL GODOWNS FROM OUTER ANCHORAGE OF MONGLA PORT AFTER COMPLETION OF NECESSARY WORKS AS PER ALLOTMENT GIVEN BY BADC.

C: LOCAL CARRIER/SUCCESSFUL BIDDER SHALL DELIVER 10% (TEN PERCENT) FERTILIZER OF BL QUANTITY TO THE TRANSIT GODOWNS AND BALANCE 90% (NINTEY PERCENT) FERTILIZER OF BL QUANTITY TO C&F AGENTS APPOINTED BY BADC AT DIFFERENT GHATS OF CHAATOGRAM AND MONGLA PORTS.

D: LOCAL CARRIER/SUCCESSFUL BIDDER SHALL ENSURE HANDING OVER THE BL QUANTITY OF GOODS (FERTILIZER) TO DESIGNATED C&F AGENTS APPOINTED BY BADC AT DESTINED GODOWNS AND/OR GHATS WITHIN 60 (SIXTY) DAYS FROM THE DATE OF COMPLETION OF DISCHARGE FROM MTHER VESSEL.

2. DISCHARGING TERMS:

(A) CARGO TO BE DISCHARGED ON LINER TERMS AND DELIVERED IN 50 KG NET WPP BAGS WITH INNER POLYTHENE LINER WHICH WOULD BE STRONG ENOUGH TO WITHSTAND DROP TEST FROM UP TO 10 FEET HEIGHT IN LOADED CONDITION.

(B) COST/ARRANGEMENT OF LIGHTERAGE (IF REQUIRED) TO BE OWNER’S RISK AND RESPONSIBILITY.

(C) COST/ARRANGEMENT OF BAGGING AS PER ATTACHED SPECIFICATION (ANNEXURE-1), WEIGHMENT BY FDR TO ON OWNERS ACCOUNT. EMPTY BAGS AS PER ATTACHED SPECIFICATION (ANNEXURE-1) REQUIRED FOR DISCHARGING TO BE SUPPLIED BY OWNERS AT THEIR COST, EXPENSES, ARRANGEMENTS AND RESPONSIBILITIES. TRANSPORTATION OF ALL EMPTY BAGS TO THE DISCHARGING POINTS AT CHATTOGRAM AND SHIROMONI GHAT (KHULNA) VIA MONGLA PORT INCLUDING 0.5 (HALF) PERCENT EXTRA EMPTY BAGS SHALL BE ON OWNERS ACCOUNT.

(D) BADC’S C&F AND TRANSPORT AGENT WILL RECEIVE THE DELIVERY OF 50.00 KG NET PER BAG FERTILIZER FROM THE LOCAL CARRIER AT DIFFERENT GHATS OF

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CHATTOGRAM PORT AND SHIROMONI GHAT (KHULNA) VIA MONGLA PORT AS MENTIONED IN THE MOVEMENT PROGRAMME ISSUED BY BADC.

(E) --- DELETED ----

(F) OWNERS SHALL REMAIN FULLY RESPONSIBLE TO DELIVER THE B/L QUANTITY OF CARGO TO THE APPOINTED OFFICER/REPRESENTATIVE/AGENT OF BADC. BADC WILL RECEIVE FERTILIZER ON THE BASIS OF ACTUAL QUANTITY HANDED OVER TO BADC.

(G) OFFER SHALL BE SIGNED BY A PERSON WHO HAS AN AUTHORITY TO ENTER INTO CONTRACT WITH THE BADC IF IT IS DETECTED AFTERWARDS THAT THE PERSON SIGNING THE OFFER OR DOCUMENTS FORMING PARTS OF THE CONTRACT HAD NO AUTHORITY TO DO SO, BADC MAY, WITHOUT PREJUDICE AND OTHER CIVIL AND CRIMINAL REMEDIES, CANCEL THE CONTRACT, FORFEIT THE BID BOND AND HOLD SIGNATORY LIABLE FOR ALL COSTS AND DAMAGES.

3. PRICE SCHEDULE:

THE SHIP BROKER WILL QUOTE RATE PER METRIC TON OF 40,000 (+/-10%) MT IN BANGLADESHI TAKA FROM OUTER ANCHORGE OF CHATTOGRAM AND OR MONGLA PORT TO THE FOLLOWING DESTINATIONS:

DESCRIPTION QUOTED PRICE (INCLUDING VAT & OTHER APPLICABLE TAX).

ITEM-1: QUOTED PRICE FOR FROM OUTER ANCHORAGE OF CHATTOGRAM PORT TO THE GHATS OF CHATTOGRAM PORT/PRIVATE GHAT AND THE GODOWNS OF CHATTOGRAM CITY CORPORATION AREAS/INDUSTRIAL AREAS/ANY OTHER LOCAL GODOWNS OF BADC AFTER COMPLETION OF NECESSARY WORKS./ QUOTED PRICE FOR FROM OUTER ANCHORAGE OF MONGLA PORT TO THE GHATS OF KHULNA/GODOWNS OF KHULNA CITY CORPORATION AREAS/INDUSTRIAL AREAS/ANY OTHER LOCAL GODOWNS OF BADC AFTER COMPLETION OF NECESSARY WORKS:

IN FIGURE: …………TK./MT

IN WORD:

ITEM-2: QUOTED PRICE FOR BAG SUPPLY AND BAGGING: IN FIGURE: …………..TK/MT

IN WORD:

TOTAL PRICE: IN FIGURE:IN WORD:

4. THE CONTRACT PRICE SHALL BE PAID IN THE FORM OF ACCOUNT PAYEE CHEQUE FROM OUTER ANCHORAGE OF CHATTOGRAM AND MONGLA PORT TO DIFFERENT GHATS/GODOWNS OF BADC AND COST OF BAG SUPPLY AND BAGGING ON THE FOLLOWING TERMS AND CONDITIONS FROM JOINT DIRECTOR (FERTILIZER), BADC, CHATTOGRAM AND KHULNA:

A. LOCAL TRANSPORTATION COST AND COST OF BAG SUPPLY AND BAGGING TO BE PAID ON COMPLETION OF DISCHARGE AND RIGHT AND TRUE DELIVERY OF CARGO UPON ADJUSTMENT OF CFR VALUE OF DAMAGE CARGO, SHORTAGE OF CARGO, LOAD PORT DESPATCH, AND OAIP (OVERAGE INSURANCE PREMIUM) AND ALSO AFTER DEDUCTION OF OTHER ANCILLARY COSTS LIKE-INSURANCE, PRE-SHIPMENT INSPECTION, PORT CHARGES/RIVER DUES ETC. OF SHORTAGE/DAMAGE CARGO:

B. THE CORPORATION WILL PAY TO THE AGENT THEIR BILLS FOR HANDLING AND CARRYING AS PER TERMS AND RRICE SCHEDULE OF THE CONTRACT. NO PAYMENT WILL BE MADE TO THE AGENT TOWARDS THEIR ESTABLISHMENT COSTS, SUCH AS

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SALARY OF THEIR STAFF, OFFICE RENT, ELECTRICITY, TRANSPORTAND COMMUNICATION EXPENSES, LABOUR CHARGES, POSTAGE ETC.

C. THE AGENT IS NOT ALLOWED TO CLAIM ANY INTEREST ON SUBMITTED BILL FOR DELAY PAYMENT DUE TO WANT OF REQUIRED FUND FROM THE GOVERNMENT OF BANGLADESH (GOB).

D. THE AGENT WILL SUBMIT HIS CARRYING BILL FOR THE QUANTITY OF FERTILIZER DISCHARGED IN CHATTOGRAM AND MONGLA PORT IN TRIPLICATE TO THE JOINT DIRECTOR (FERTILIZER), BADC, CHATTOGRAM AND KHULNA RESPECTIVELY WITHIN 10(TEN) DAYS FROM THE DATE OF COMPLETION OF DELIVERY TO THE CONCERNED AGENTS OF BADC.

E. EVERY CARRYING BILL SHALL BEAR A CERTIFICATE TO THE EFFECT THAT THE BILL HAS BEEN PREPARED AS PER CONTRACT AND IF ANY AMOUNT WRONGLY CHARGED IS DETECTED BY THE CORPORATION AT ANY TIME, THE CORPORATION WILL BE AT LIBERTY TO IMPOSE DISCRETIONARY PENALTY AND REALIZE THE SAME FROM REGULAR BILLS OR SECURITY DEPOSIT/PERFORMANCE GUARANTEE.

F. IF BILLS ARE NOT SUBMITTED IN TIME, THE CORPORATION WILL HAVE THE RIGHT TO REFUSE SUCH BILLS UNLESS CONVINCING REASONS FOR LATE SUBMISSION ARE GIVEN.

G. NO ADVANCE PAYMENT WILL BE MADE TO THE AGENT BY BADC.

H. THE CORPORATION WILL HAVE THE RIGHT TO CHECK THEIR BILLS AND DEDUCT ANY AMOUNT WHICH THE CORPORATION CONSIDERS JUSTIFIED AND IT WILL BE ADJUSTED IF SO DETECTED SUBSEQUENTLY.

I. THE BILL SUPPORTED WITH THE FOLLOWING DOCUMENTS SHALL HAVE TO BE SUBMITTED TO JOINT DIRECTOR (FERTILIZER) DIVISION, BADC, CHATTOGRAM AND KHULNA:

i. SHIPPING CHALAN - ORIGINAL COPY DULY SIGNED BY AUTHORIZED OFFICER OF BADC DEPUTED IN CHATTOGRAM AND KHULNA.

ii. C&F CHALAN - ORIGINAL COPY DULY SIGNED BY AUTHORIZED OFFICER OF BADC DEPUTED IN CHATTOGRAM AND KHULNA.

iii. NON-DRAWAL CERTIFICATE STATING THAT THE BILL HAS NOT BEEN DRAWN EARLIER.

iv. INCOME TAX, VAT ETC. WILL BE DEDUCTED AS PER GOB RULES. PREVAILING RULES AND TIME TO TIME GOB ORDERS/CIRCULARS ETC. WILL BE APPLICABLE IN THIS RESPECT.

5. PAYMENT FOR LOCAL TRANSPORTATION BILL (PART-B) TO BE PAID WITHIN 90 (NINETY) DAYS FROM THE DATE OF RECEIVING RELEVANT BILL/VOUCHER.

6. AFTER CUSTOM & PORT CLEARANCE OF THE CONSIGNMENT, THE AGENT SHALL START THE LIGHTERING & DELIVERY OF CONSIGNMENTS UP TO THE DESTINATIONS AS MENTIONED IN THE TENDER SCHEDULE/ MOVEMENT PROGRAMME ACCORDING TO THE INSTRUCTION OF MANAGER (MOVEMENT), BADC, DHAKA.

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7. WHEN THE MOTHER VESSEL IS ARRIVED, THE AGENT SHALL DEPLOY SUFFICIENT NUMBER OF LIGHTER VESSELS AT CHATTOGRAM AND/OR MONGLA PORT OUTER ANCHORAGE FOR LIGHTERIG & TAKING DELIVERY OF BULK FERTILIZER FROM THE SHIP.

8. THE AGENT SHALL HAVE TO SUBMIT A DAILY STATEMENT OF QUANTITY DISCHARGED INCLUDING CUMULATIVE POSITION BY 10.00 AM ON THE FOLLOWING DAY TO THE GENERAL MANAGER (FERTILIZER MANAGEMENT), BADC, DHAKA; THE MANAGER (MOVEMENT), BADC, DHAKA; JOINT DIRECTOR (FERTILIZER), BADC, CHATTOGRAM AND KHULNA.

9. UNDER NO CIRCUMSTANCES THE AGENT SHALL BE ALLOWED TO USE HOOKS. IF THE AGENT USES HOOKS AND ANY LOSS IS INCURRED, COMPENSATION SHALL BE REALIZED FROM THE AGENT.

10. DURING TRANSPORTATION, ALL TAXES, TOLLS, LEVY ETC AND OTHER EXPENSES, IF ANY WILL BE BORNE BY THE AGENT.

11. IN CASE, ANY BAG IS FOUND UNDERWEIGHT OR NOT IN SOUND CONDITION, THE AGENT MUST REBAG 100% WITH PROPER WEIGHT.

12. THE AGENT SHALL BE RESPONSIBLE FOR MEETING ALL LIABILITIES FOR COMPENSATION UNDER THE WORKMEN'S COMPENSATION ACT, 1923 AND ANY AMENDMENT THEREAFTER IN RESPECT OF ANY DEATH OR INJURY CAUSED TO ANY EMPLOYEE/LABOUR EMPLOYED BY THEM IN CONNECTION WITH THE CARRYING WORKS AS PER CONTRACT. IF THE CORPORATION IS CALLED UPON TO PAY ANY SUCH COMPENSATION BY THE COURT OR ANY GOVT./SEMI GOVT. AUTHORITY, THE AGENT SHALL BE LIABLE TO REIMBURSE SUCH AMOUNT TO THE CORPORATION. IN CASE OF THEIR FAILURE, THE CORPORATION SHALL HAVE THE RIGHT TO REALIZE SUCH AMOUNT FROM THEIR PERFORMANCE GUARANTEE, SECURITY DEPOSIT, THEIR BILLS AND OTHER SOURCES ETC.

13. THE CORPORATION SHALL HAVE THE RIGHT TO PHYSICALLY VERIFY THE OFFICE/GODOWNS/TRANSPORT AS PER TENDER TERMS. THE ONGOING OPERATION OF THE PROGRAMME WILL BE SUPERVISED BY BADC AND THE AGENT WILL BE BOUND TO COOPERATE THEM.

14. FORCE MAJEURE :

(A) IN THE EVENT THE LOCAL CARRIER IS DELAYED IN PERFORMING ANY OF THEIR RESPECTIVE OBLIGATIONS UNDER THIS CONTRACT AND SUCH DELAY IS CAUSED BY FORCE MAJEURE INCLUDING BUT NOT LIMITED TO WAR, CIVIL INSURRECTION, FIRES, LABOUR STRIKES, FLOODS, EPIDEMIC, EARTHQUAKES, RESTRICTIONS ETC. SUCH DELAY MAY BE EXCUSED AS PROVIDED AT THE TIME OF PERFORMANCE OF THE OBLIGATIONS DELAYED.

(B) IF A FORCE MAJEURE SITUATION ARISES, THE LOCAL CARRIER SHALL PROMPTLY NOTIFY BADC IN WRITING OF SUCH CONDITIONS AND THE CAUSES THEREOF. UNLESS OTHERWISE DIRECTED BY THE BADC, THE CARRIER SHALL CONTINUE TO PERFORM ITS OBLIGATIONS UNDER THE CONTRACT AS FAR AS PRACTICABLE AND SEEK ALL REASONABLE ALTERNATIVE MEANS FOR PERFORMANCE NOT PRESENTED BY THE FORCE MAJEURE EVENT.

15. CHANGES OF PRINCIPAL BIDDER/LOCAL AGENT/BROKER/NOMINATED AGENT SHALL NOT BE ACCEPTABLE AFTER OPENING OF TENDER.

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16. ANY LOSS OR DAMAGES OR PAYMENT DUES IF ANY, ARISING OUT OF ANY OTHER CONTRACT OF THE BIDDER WILL BE REALIZED FROM ANY CONTRACT OF THE SAME BIDDER.

17. BADC WILL TAKE MARINE INSURANCE COVERAGE OF THE CARGO THROUGH SADHARAN BIMA CORPORATION (SBC) UPTO DESTINATION.

18. BADC RESERVES THE RIGHT TO ACCEPT/REJECT/CANCEL AT ANY TIME ANY/OR ALL OFFERS IN PART OR FULLY WITHOUT ASSIGNING ANY REASONS WHATSOEVER.

19. ADDRESS COMMISION WILL NOT APPLICABLE FOR LOCAL TRANSPORTATION (PART-B)

20. ARBITRATION:

ANY DISPUTE RELATING TO THE CONTRACT FOR TRANSPORTATION OF THE CARGO OR BREACH THEREOF SHALL BE SETTLED OR ADJUSTED AMICABLY BY NEGOTIATIONS BETWEEN THE OWNERS AND THE CHARTERERS. IN CASE NO SETTLEMENT CAN BE REACHED, THE DISPUTE SHALL BE REFERRED TO TWO ARBITRATORS ONE OF EACH TO BE NOMINATED BY THE OWNERS AND THE CHARTERERS UPON NOTICE OF TWO WEEKS BY EITHER SIDE, THE ARBITRATOR SHOULD BE A COMMERCIAL MAN. IN CASE OF FAILURE OF THE ARBITRATORS TO ARRIVE AT ON AGREED DECISION THE ARBITRATORS SHALL APPOINT IN WRITING AN UMPIRE WHOSE DECISION ON THE DISPUTE OR DISPUTES SHALL BE FINAL AND BINDING ON BOTH THE OWNERS AND THE CHARTERERS. THE PROVISION OF THE ARBITRATION ACT 2001 OF BANGLADESH SHALL BE FOLLOWED AND THE VENUE OF THE ARBITRATION SHALL BE DHAKA, BANGLADESH. THE OWNERS AND THE CHARTERERS SHALL BEAR THE COST IN RESPECT OF THEIR RESPECTIVE ARBITRATOR AND THE COST IN RESPECT OF THE UMPIRE SHALL BE BORNE BY THE BOTH THE OWNERS AND THE CHARTERERS EQUALLY.

THANKING YOU,

GENERAL MANAGER (CHARTERING AND TRAMPING)BANGLADESH SHIPPING CORPORATION

AS AGENT ONLY

SEAL OF THE OFFICER AUTHORISED TO SIGN ON BEHALF OF THE BANK

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SPECIMEN OF PERFORMANCE GUARANTEE

ADDRESS (INCLUDING PHONE, FAX & EMAIL) OF GUARANTOR----------------------------

-

TOBANGLADESH AGRICULTURAL DEVELOPMENT CORPORATION (BADC)

DEAR SIR,

YOU HAVING PROPOSED TO ENTER INTO A C/P CONTRACT WITH M/S---------------------

(HEREINAFTER REFERRED TO AS PRINCIPAL) VIDE NOTIFICATION OF AWARD NO.. ............................................................DATED..........................FOR TRANSPORTATION OF 40,000 MT (+ 10% AT SELLER’S OPTION) DAPFERTILIZER IN BULK IN SINGLE SHIPMENT FROM RAS AL KHAIR, SAUDI ARABIA AND DELIVERY IN 50 KG NET BAG TO TRANSPORT AGENT OF BADC LOCATED AT CHATTOGRAM & SHIROMONI GHAT, KHULNA VIA OUTER ANCHORAGE OF CHATTOGRAM PORT, BANGLADESH AND/OR HARBARIA, MONGLA PORT, BANGLADESH AS PACKAGE BASIS AND STIPULATING THE FURNISHING OF A BANK GUARANTEE FOR PAYMENT TO YOU BY US ON ACCOUNT OF THE SUPPLIER AN AMOUNT OF 10% OF THE GROSS FREIGHT CHARGE, WE HEREBY AGREE:-

01. TO MAKE AN UNCONDITIONAL PAYMENT OF--------------------------------------TOYOU ON DEMAND WITHIN MAXIMUM 24 (TWENTY FOUR) HOURS WITHOUT ANY FURTHER QUESTION AND WITHOUT ANY REFERENCE TO THE PRINCIPAL.

02. TO KEEP THIS GUARANTEE IN FORCE TILL THE DATE OF THE DUE COMPLETION OF THE C/P CONTRACT UNDER REFERENCE AND FINAL ADJUSTMENT OF ACCOUNTS OR TILL-------------------------------(MINIMUM 180DAYS) WHICHEVER DATE IS EARLIER.

03. TO EXTEND THE PERIOD OF ENFORCEABILITY OF THIS GUARANTEE OF SUCH EXTENSION BE NECESSARY DESIRED OF US BY YOU BEFORE THE TERMINATION THEREOF.

MONOGRAM OF THE BANK

SIGNATURE

DATED: -

E-MAIL:

-