Division of FTN Exporting presents SMICE Ultraterms. ©ULTRATERMS (2012) UPRIB 2010 Effective. Doctrine ITSI (2010) and / or FYBR Allowed/ Effective. Doctrine COFI Allowed / Effective FTN Exporting/AGI advance trading applications for FTNX / WAPI endorsed SMICE agents. Unsupported traders use a such delivery modes at own risk. ultraterms_2012@bigpond.com FTN Exporting new ©Ultraterms may be used used by all commodity traders, end buyers, suppliers, sellers, buyers, intermediaries and supported URPIB practitioners world-wide including those doing business with SMICE. ©Ultraterms is about providing to buyers and sellers of export ready goods an alternative delivery application and supporting guiding rules as often requested , but not defined nor offered by any other valid delivery term. © Ultraterms may be used by all exporters, importers in agreement of such once said © Ultraterms below have been agreed upon as matter of private contract obligations. Ultraterms is about incorporating some aspects of contract with the actual delivery mode at offer time in where the obligations and expectations of said parties are specified below. Ultraterms unless specified as ‘not allowed’ as stipulated under each article, may be specified for use on both sides of any transaction or only with only one side of the transaction. URPIB PRACTITIONERS AND REGISTERED SMICE AGENTS: Rules of application of DFP as per standard ‘Ex Works’ delivery modes may not be transacted upon unless converted to specify DFP delivery mode. URPIB will incorporated to allow DFP and DDS deliver modes in 2012: Provisionally released subject to final changes. Effective date of release: 1st Day of January 2012 Ocean Delivery DFP : Article (1) Non Break Cargo and Full Container Loads. ICC Paris France © Incoterms 2010. Not allowed to apply DFP: Direct Factory Purchase Minimum delivery obligations of parties to the contract. PREAMBLE: SPECIFIC MATTERS OF ©DFP Delivery Mode: The buyer buys goods from the factory floor, warehouse of the supplier in possession of goods offered at an agreed upon price and place of production ( or other nominated place) The buyer takes physical delivery of goods once certain aspects of delivery have been initiated to included certain documents. DLC is collected upon when all contracted goods leave possession of supplier. Buyer initiates all other processes of transportation and documentation in getting all goods on board ship. Buyer now is able to resell goods as seller or exporter accordingly to an end buyer at DFP or as per other standard acceptable delivery mode. Seller may fully disclose or not disclose supplier details on offer when selling on a DFP transaction. Supplier is only obligated to assist the buyer getting goods ready for export at buyers expense. The seller in possession of goods must:; Supply all ordered products in good condition, ready for export as per the contract of sale entered into by the parties to such. Delivery shall mean ‘delivery of physical goods with specific documents ’ to a named buyer. Ensure that an offer is advised defining all matters of delivery of said goods being offered to the buyer, prior to such advising a contract. in where initially the buyer has been given 30 days or more validity to the offer made so that the buyer may consider said purchase intently. Must ensure that an offer is given in where any other delivery mode used must incorporate matters of ‘DFP’ delivery rules as it applies to required ‘documents’ needing to be secured by the supplier, and in where other said delivery mode used shall only apply when the term ‘Added Services’ is added to said other delivery term used by the supplier. Ensure that once the contracts are signed bearing signature of both parties a legally binding delivery obligation prevails by both parties to each other in where specific matter as to ‘Added Services’ pertaining to required DFP delivery documents are made clearly relevant. Ensure that goods are made available in good deliverable condition as ordered at a specified place within 60 days or less and after 30 days or more, as defined on contract, once an acceptable financial instrument , as advised by the buyer has been accepted within 5 days of such issuance. In where amendments of the credit is required Article (5) shall be reapplied to reflect such terms accordingly once amendment(s) had been effectively applied in ensuring delivery mode continues in sequential order stipulated. Ensure goods are ready for delivery at a nominated place as agreed upon by the parties to the contract at the date and time specified. Ensure goods are ready for delivery applicable to matters of quantity, quality , packaging including all supporting documentation required for such. Pay for at the expense of the seller all cost in getting goods delivered to the buyers, and provide to the buyer amongst other documents as specified on the contract including a seller invoice defining all debits and credits, a valid export permit , and a current ‘In Personam’ certificate of quality and quantity specific to the goods ordered, as issued by an internationally recognised and acceptable Inspection agency . Must ensure that the suppliers invoice applies all costs incurred pertaining to documents needing to be secured as a debit against the buyer account , except for a valid export permit which is an expense of the supplier. Deliver goods to buyer at sellers premises in an acceptable exportable state in where premises shall be defined as place of delivery within the boundary of such a location as owned, rented or is in control of such, whether factory, warehouse, storage tank or pipe line; shall be defined as ‘premises or place ‘ of the supplier in possession of goods in where goods offered may be located. Ensure that delivery shall occur when the buyer with the assistance of the seller has moved such goods outside the said boundary, at one location of such; of agreed upon ‘Location for delivery. ’ Place all matters of exportable goods at the disposal of the buyer including unhindered access to enable the buyer to safely obtain possession of said goods . Assist the buyer to obtain such goods in good condition as ordered as defined on contract to included if asked for , assistance in getting goods loaded onto a means of localised transport as secured by the buyer located inside or outside the premises of the seller as agreed upon on contract. Must assist if asked by the buyer as a matter of contract to make delivery to a localised means of transport other than the port loading or customs area related to such. Must accept to allow performance guarantee of 2 percent actual value of goods to be held back from the collectable value of the financial instrument lodged in where the final quantities of goods once loaded onto the buyers localised transport has defined if delivery has eventuated on time, as specified by a delivery schedule as defined on contract and prior offer made. Any failure of delivery in part of fully shall mean that the supplier has agreed to collect only 98% value of said financial instrument lodged. The buyer unconditionally is only obligated to ensure 98% of the financial instrument lodged as being collectable once any aspects of late delivery has been recorded. The buyer shall serve a written notice of failed delivery or part of such, within 3 days of the event , in where such shall suffice in informing the supplier that only 98% of the financial instrument is collectable. The buyer taking possession or documentary title of goods: Must initiate the process of taking delivery of ordered goods as per contract as per the time and date defined on such, and continue with such consecutively until all goods have been secured in a good clean state. Must ensure or make full attempt to honourably ensure that goods are in good order before goods are loaded on any localised transport , in where the buyer acknowledges the right to reject such goods are waived , unless external appearance of goods convey a differing perception once internal aspects of goods have been found not to comply to define that goods were delivered in good order, once such goods has arrived at port of destination. Must accept clean goods as being delivered once such goods have left the described premises of the seller prior to loading on buyers means of localised transport. Must physically pay for Certificate of Origin , Consular fees, and Inspection Certification, specific to the goods purchased as required of the supplier, in where a debit is applied on the account of the buyer for such added expenses- as a credit to favour the supplier . Must obtain an invoice from the seller which defines the net value of goods and all other expenses as entered separately on such, which forms the final payable amount favouring the seller, as specified on contract. Must obtain an offer from the supplier which defines matter of goods , Origin, and matters applicable to delivery mode used if supplier is not using DFP in where the delivery term and ‘added services’ must be apparent . Must take delivery of goods under 60 days or over 30 days after DLC has been advised as accepted in where an offer has given the buyer 30 days of more to consider purchasing goods form the supplier. Must pay for all matters of delivery as applied on the debit and credit application as made apparent on the sellers invoice except a valid export permit or license pertaining to the goods being sold which is a cost for the suppliers account. Must ask for assistance of the supplier in enacting delivery as a matter of contract. Delivery Deep Space DDS : Article (2) Acceptable Item /Experiments . Acceptable Item(s) for Jettison ICC Paris France © Incoterms 2010. Not allowed to apply Minimum delivery obligations of parties to the contract. DDS: Delivery Deep Space. Ultraterms. Note: FTN Exporting (SPA) accepts inquiries and bookings from mid 2012. First cargo space booking agency of its kind initiated by FTN Exporting. Preamble: The applicant is seeking to place, deliver or deliver and return acceptable item(s) or material or have item(s) or material jettisoned into out space by means of a space craft as allowed and stipulated on final contract. The agent works with the applicant in getting all matters ready for such activities, and arrange for space port booking and space craft room on board space ship or rocket launcher. The agent also secures delivery of material and or item(s) from place of applicant for delivery to the space port based on the following understanding subject to final contracts. The applicant in possession of experimental or research material must deliver to the agent material made ready for space travel in where- Interalia; The person seeking said service is the applicant. The applicant once basic e-mail advice has been sought and given, enters into an agreement with their endorsed ‘Space Port Agent’ (SPA) and must provide exact specification and description of material and or item(s) needed to be delivered into outer space on forms advised by the URPIB endorsed agent in support of these ‘DDS’ delivery rules, terms and conditions . Endorsed agent means a URPIB practising agent who has obtained direct expressed authority from an operational space travel provider to offer services defined at a wholesale price in where the agent shall service the inquiry of the applicant at a retail price in where the agents final costs are incorporated in the final acceptable price given to include all expense and gains make by the agent for his expert services rendered. The agent shall not disclose the nature of business beyond the scope of contracting conditions with anyone outside the field of participation in enacting delivery. The agent has ensured as much from all parties involved with such. The applicant shall ensure as much from all parties involved in delivering such material and or item(s) to the agent. The applicant must provide exact specifications and description of material or item(s) and basic nature of experiment intended for deep space research with pictorial aspect fully conveyed. Agent will seek to verify changes required and nature of project acceptability before accepting any item(s) or material. Unstable ‘risk to life on board’ experiments or materials not considered. In where the applicant accepts the ‘offer’ made by the agent at DDS such is only valid where the agent has disclosed the principal and space port used. The applicant must use and recognise the term ‘Space Port’ as the name given for the actual property held by the company launching rockets and space crafts into outer space or other planets including all secured warehousing facilities within its bounds. The applicant must make item(s) or material ready for delivery to booking agent at place of origin as specified on contract, to agents own security representatives in where all security clearance and export permits where required has been secured in advance by the applicant . The agent on all offers must define a launching date, a formal full cost, a final call date, designated code or name of space craft and space port used by country and location. All matters of the goods packaging must also be specified. The applicant shall bear all costs as well as insurance for item being air lifted or shipped to space port to the hands of mission control or space port director(s) within the property of such, costs as specified on the agents invoice. Item(s) or material accepted for collection on or before ‘final call date’ applies that first delivery application has occurred to space port. Applicant must ensure only suitable item(s) or material as per conditions specified on contract is made ready by ‘final call date’ prior to any defined launch date of booked space craft hold. Live creatures accepted subject to live transport criteria and Humane Society criteria being assessed and passed for space travel. Human travel allowed subject to assessment, basic training acceptance. Assessment fee will apply at time 7 days prior to full assessment is ready to be made. Expense of assessment and arrival at assessment centre at cost of the applicant. The applicant agrees that the ‘final call date’ once advised is the delivery date to space port . A provisional next available booking date must be secured 6 months before any actual launch date as specified on contract. The ‘final call date’ is the actual date items are picked up to enact delivery to space port. The pick up date must occur 6 weeks or more before any actual launch date. The launch date once apparent and enacted is the second delivery mode. Delivery mode to outer space. The applicant through his agent must book an area of the spacecraft or rocket launcher holding item 6 months before actual launch date in where an initial deposit of 2% of service cost is payable in advance in the form of a UCP 600 formatted standby by documentary letter of credit. Collection on the credit is made after contracts have been signed. Room on board space craft is formally verified as secured and booked. In where remaining 98% payment at sight DLC is lodged and accepted 21 days before actual pick up of item from place of origin for delivery to space port. Collection upon Documentary Letter of Credit (DLC) applied when Paragraph (18) DDS Ultraterms, has eventuated. The applicant must ensure that all item(s) or material provided is ready as specified on contract, as unwarranted delays and possible cancellation of the space craft reservation, forfeits deposit unconditionally. Applicant must adhere to agents advice at all times on such matters. Applicant and agent agree to accept that physical delivery is defined as being:- The item deliverable past the Kármán line, located at an altitude of 100 kilometres above sea level specified intently for all items associated with such contracts. Collection of the DLC may now apply. Collection of the DLC at crossing of Karman Line as confirmed and attested by mission control director , verbally, by video or in writing starts the collection process. The applicant agrees that any failures applicable to the the item(s) or experiment to self activate is at the expense and consequence of the applicant . A video sequence of the experiment or items(s) on board of needing jettison may be used as apart presentation ‘document’ if asked for amongst other things; to activate collection upon the final financial instrument. An original video clip where possible to apply, as delivered from on board space craft to mission control to agent. From agent to applicants bank by clear Mpeg video format of one minute or more duration. Failure of the bank to accept such a method authentication bears no reference to the ideal that the remaining presentation documents once served cleanly, shall allow collection to proceed. The applicant agrees that once goods pass the said ‘Karman’ line as indicated by Telescope, Astronaut or Radar and such in confirmed in writing by mission specialist or directors of space port, payment instrument may be made collectible ‘at sight.’ one required remaining presentation documents are cleanly presented. In where delivery documents described and marked as ‘DDS BOL’ carrying signature of the space port director or space craft commander prior to space craft being sealed for eminent space launch, as well as a confirmation of delivery slip issued by and attested by mission control that the Karman line has been reached or passed, along with the agents final invoice will be the minimum presentation document required for DLC collection. The applicant agrees that once mission specialist or space enterprise directors accepts said item(s) or material and such crosses the boundary of the property used by the space ship port, an ‘at gate’ delivery receipt will be produced. While all care taken no consequence whatsoever shall be borne by the agents, space directors and associated companies for failure to load said item onto space craft. Launch delays due to unforeseen circumstances and weather in where launch is late by 7 days or less means applicants has accepted all aspects of delivery once launch eventuates. If the space craft is sitting in a pose implied to be in readiness of a launch, after 7 days and 1 hour of official launch date has arrived at , and no cancellation of mission has been called, mission is said to be cancelled. In where out right cancellation of space craft mission is applied, deposit and full DLC payment is not collected upon or where collected upon reimbursed within 8 days of said cancellation being formally apparent. All such reimbursements must be within tolerance factor of 1.0% or less of total financial instruments value, originally submitted and lodged as accepted after bank fee’s and charges have been specified which is not recoverable. All amounts within tolerance factor are not reimbursed and that such shall be defined as a ‘cost not recoverable due to misadventure’ and not specific to the fault of the agent to perform. The item(s) or material are prepared for launch in a manner as stipulated on the contract in where final inspection and sealing is confidentially concluded inside the bounds of the space port. Should the applicant be required to be present at ‘sealing’ time, all costs of such is borne by the agent. The applicant agrees that all matter of insurance are made for the expense of the applicant , and that such is in force prior to item(s) or material being physically secured for delivery to space port. The applicant agrees that deep space or outer space and any planetary body applied, specifies the full meaning of the realm applicable to using the term ‘DDS’ delivery as fully expressed on contract. The applicant agree that once booking agent accepts item in country of origin for delivery to space port , the agent has the right to only select the safest mode of delivery to space port. The applicant agrees that the booking agent may accept or reject such booking in where if accepted , such is accepted on behalf of a named director, corporation and owner of space port and or associated active space program. The applicant agrees that item(s) or material which are not jettisoned into outer space and are required to be retuned, such returns shall be applied to the best abilities of the crew, but no responsibility for damages made shall be incurred. The applicant agrees that once material or items(s) enter into space port property , such items or material is not able to be retrieved unconditionally until after original launch date has eventuated . Request to retrieve or cancel space journey is a failed delivery to which all deposits paid shall be forfeited. Once the DDS BOL has been issued, in where the applicant has called for delivery not to apply, whether applied or not, such a statement in writing shall result in collection of DLC in where matters of the Karman line needed to be made apparent. is made apparent by defacto. If a ‘call’ in writing is made by the applicant ‘not to launch goods’ is made 30 days or less before sealing of goods onboard space craft is meant to eventuate, deposit is forfeited, in where the DLC as per Paragraph (27) applies except in where the tolerance factor is now specified as being 20% and reimbursement shall apply at 80% The agent and the applicant agree that contracts are final and binding and all matters not addressed under DDS Ultraterms are matters of contract. To Include Other Delivery Terms 2012 : PAD: Payments after Delivery PPD: Payments after Physical Delivery DRS: Delivery with Rebate Scheme DFR: Delivery with Freight DOI: Delivery of Information COD: Crude Oil Delivery