Mining and Sales Contract
This document is an agreement between [Party A] and [Party B] (each, a “Party” and, collectively, the “Parties”) for the purchase and sale of minerals and products hereinafter referred to as the “Goods.”
The Parties agree as follows:
1. Description of Goods. The Goods will consist of [description of goods], which shall be Mining Product listed on the [Mining Association’s website as of the date of this Agreement]. The Parties acknowledge and agree that the quantity and quality of the Goods may vary from time to time based on business conditions.
2. Price. The Parties agree that the price to be paid for the Goods shall be [amount], stated in [currency]. The payment shall be made in accordance with Section 3 of this Agreement.
3. Payment. Payment shall be made no later than [number] days after the Product is delivered to Party B.
4. Delivery of Goods. The Goods shall be delivered to Party B’s [facility / site] within [number] days after receipt of payment.
5. Insurance. Party A agrees to maintain adequate insurance over the Goods until such time as delivery is made to Party B.
6. Warranties and Representations. Each Party warrants and represents that:
A. The Goods are of merchantable quality and will be delivered in accordance with the terms of this Agreement; and
B. The Parties have full capacity and authority to enter into this Agreement and to perform their respective obligations hereunder.
7. Indemnification. Each Party agrees to indemnify, defend and hold harmless, the other and their directors, officers and employees from and against any and all losses, damages, liabilities and expenses (including but not limited to reasonable attorneys’ fees and costs) arising from or related to any cause of action, claim or demand arising out of or related to any breach of this Agreement by the indemnifying Party.
8. Breach of Agreement. In the event of a breach of any term of this Agreement by either Party, the non-breaching Party shall be entitled to all remedies available at law, including but not limited to damages, injunctive relief and specific performance.
9. Governing Law. This Agreement shall be governed by, and interpreted in accordance with, the laws of [governing law jurisdiction].
10. Notices. All notices and other communications given pursuant to this Agreement may be sent either by registered mail, fax, email or courier. The address for each Party is listed below.
[Party A contact details]
[Party B contact details]
11. Assignment and Delegation. Neither Party may assign or delegate any of its rights or obligations under this Agreement without the prior written consent of the other Party.
12. Disputes. Any dispute or controversy arising out of or related to this Agreement shall be referred to and finally resolved by arbitration in accordance with the Arbitration Rules of the [arbitration body]. The arbitral tribunal shall consist of [number] arbitrators and the place of arbitration shall be [arbitration location]. The language of arbitration shall be [language].
13. Execution. This Agreement is effective upon being signed and dated by both Parties and may be executed in two or more counterparts, each of which shall constitute a legal, valid and binding instrument indicating the acceptance of all of the provisions hereof. The Parties agree that any such counterparts, when taken together, shall constitute one and the same agreement.
I/We have read and understood this agreement and agree to be bound by its terms and conditions.
Party A: [Name]
Party B: [Name]
