D E C L A R A T I O N S
I.- The BONDER declares by his representative:
A.- That, as owner, attorney or faculty, requires the bonding of goods, acquired or produced in , at ARGO direct warehouses, prior applicable legal dispositions and requirements arising from this agreement; equally requiring from ARGO bonding Certificates issuing from such goods.
B.- It shows its legal constitution and representatives, according to the following data, which haven’t been nor revoked either restricted in any form:
BUSINESS CONSTITUTIÓN:
Name:
Fiscal address:
R.F.C.:
Constitution date:
Public title No.:
Public Notary No.:
Public Notary Responsible:
City:
P.P.R. INSCRIPTION
City:
Date:
Number:
Fojas:
Tomo:
Volume:
Libro:
Section:
LEGAL REPRESENTANT DATA
Name:
R.F.C.:
Identification:
Capacity:
Public title No.:
Public Notary No.:
Public Notary Responsible:
City:
Date:
P.P.R. INSCRIPTION
City:
Date:
Number:
Fojas:
Tomo:
Volume:
Libro:
Section:
C.- The representative has faculty to subscribe this agreement because of its social objective allows it to celebrate all kind of agreements and juridical, administrative, civil or mercantile businesses.
D.- That is up to date in meeting their tax obligations for financial institutions or foreign national or any third party, which knows no fact or circumstance that could be generated in the present or future as a breach of those obligations, which are not have initiated or are pending against civil, commercial, labor, fiscal, administrative, criminal or other of any nature, that inform ARGO a term not exceeding two calendar days any of the areas covered in the previous paragraph happen if during the term of this agreement.
The goods that will be bonded at ARGO facilities, within this agreement are as follows:
Approximately monthly volume:
These will be identified therefore as THE GOODS and will be stored under the:
Fiscal bonding regimen ( ) or national ( )
II.- ARGO declares by its representative:
A.- What is a Variable Capital Corporation, made before Notary Public No. 2 Jorge R. Limón Luengas, according to Mexican laws and by public deed No. 27.701 dated March 5, 1991 recorded in the Public Registry of Property and Commerce of the City of Córdoba, Veracruz, under No. 291 dated June 12, 1991, established in the city of Cordoba, Veracruz, authorized to operate as a Supporting Organization of the Credit for the storage, care, conservation, management, control, distribution or marketing of goods or goods received under the custody or in transit covered by certificates of deposit, all in accordance with the General Law of Organizations and Auxiliary Credit Activities, Law on Negotiable Instruments and Credit Operations, and Customs Law.
B.- That its representative has the power and authority to force in terms of the provisions of this Agreement.
III.- Both parties submit their rights and obligations to the following:
C L A U S U L E S
DEPOSITS, WITHDRAWS AND SERVICES:
FIRST.- ARGO will receive in custody at its FACILITIES, GOODS delivered by THE DEPOSITOR, providing available space for them. ARGO can change the destination of the goods when they arrive at the facility in case there is no enough space for them. If the depositor agreed to reserve the space required herein, IT shall pay the amount to ARGO the billing for storage described herein, since the signing of this agreement.
SECOND.- Confirmed by ARGO to THE DEPOSITOR availability of spaces at THE FACILITIES, it must give a list of GOODS to be stored, which will form part of this agreement and the documentation that is required by ARGO staff for maintenance of the record the issuance of Certificates of Deposit and issuance of the Letter of Quota in case of GOODS subject to tax warehousing arrangements.
ARGO, will inform about download capacity, Schedule and handling estimated time.
THIRD: The deposit will become effective at the time ARGO get into physical possession of GOODS and these are received at THE FACILITIES. ARGO will establish proof of entry and exit on the same day to register physical movements in order to maintain updated inventories.
FORTH.- During the term of the deposit, ARGO at the request of THE DEPOSITOR, will report by writing or by telephone on the inventory of THE GOODS in custody and in case of their withdrawal movements.
FIFTH.- ARGO may refuse to receive THE GOODS on the premises, in the following cases:
1. If not correspond to the amount or type mentioned in this document.
2. If they are contained in packaging torn, soiled or damaged in any way, unless there is written consent of THE DEPOSITOR and its personnel are present at the reception, ARGO will access the income as long as the storage can be performed in normal and security is guaranteed. THE DEPOSITOR releases ARGO responsibility for any damage and subsequent progressive GOODS as a result of the state in which they were received.
3. If people who instruct from THE DEPOSITOR, are not properly registered with ARGO.
SIXTH.- THE DEPOSITOR, shall notify in writing to ARGO at the time of deposit, the risks to which THE GOODS are subject, as well as stowage conditions, accommodation, management and protections that must be submitted, if not so, ARGO will perform the stowed, accommodate and maneuver using it regularly in practice for any GOODS not liable for the damages suffered by them due to lack of this information. ARGO is not responsible for the natural shrinkage that the product suffers from moisture loss or weight, being the sole responsibility of THE DEPOSITOR.
SEVENTH.- THE DEPOSITOR agrees to the "General Conditions of the Deposit of Goods", which are printed on back of the certificate of deposit, which shall be considered as if fully set forth herein reproduced the letter and form an integral part of this agreement.
EIGHTH.- If foreign goods THE DEPOSITOR will perform on its own the necessary arrangements with the Mexican authorities, and deliver to ARGO through the broker it choose and / or legal representative in Mexico, the appropriate documentation for shipping, same to be contain the description of THE GOODS, volume, its price and if the tariff that applies.
After reviewing the documentation cited above by ARGO, and if it meets the legal requirements will be issued the corresponding quota letter. THE DEPOSITOR releases ARGO from liability if not performed or equivocal procedures carried out by THE DEPOSITOR or staff that represents it.
NINTH.- In case THE GOODS consist of agricultural bulk, THE DEPOSITOR is obliged, prior to deposit, to present written ARGO program of spraying them, using data sheets detailing the type of insecticides, fumigants or any other product applied. Otherwise, ARGO may, if in its opinion considers it appropriate, make this service from the customer on price to make its case and agreement on products to use.
Consistent with the previous paragraph, THE DEPOSITOR authorizes ARGO a representative sample of the product, in order to preserve them as testimony to their quality. In case it is necessary to issue tradable certificates, they will be mentioned in the resulting quality of these samples. THE DEPOSITOR agrees to pay expenses caused by ARGO sampling and quality certification. ARGO is not responsible for the loss of quality or damage to the product brought about by natural causes or by the duration of storage, to be so only for those damages caused by its proven guilty.
TENTH.- All additional services required by THE DEPOSITOR and ARGO is in availability of providing, trading will be subject to prior quotation.
ELEVENTH.- THE DEPOSITOR releases ARGO from all liability relating to delay payments to transport vehicles or equipment for the handling of THE GOODS, except for delays that are attributable to proven ARGO.
TWELFTH.- By written request of THE DEPOSITOR, ARGO can provide information on the status and conditions of THE GOODS in custody and in case of withdrawal movements of the same.
THIRTEENTH.- In case of loss or damage of THE GOODS in stock attributable to ARGO, it will respond by the stated value of the corresponding Certificates of Deposit.
FORTEENTH.- The applicant must provide written notice to ARGO regarding the withdrawal of THE GOODS, sending the information mentioned below.
If THE GOODS have been the subject of fiscal warehouse regimen, taxes and duties to the federal treasury for definitive importation must have been covered.
Should have been issued Certificates of Deposit and the same are held by THE DEPOSITOR, it should present such evidence to ARGO for settlement or partial involvement in the case.
The following information must be given to ARGO:
1. Name of person responsible for removing THE GOODS.
2. About transport: line carrier plates, type and name of driver.
3. Date and time you want to withdraw.
4. Reference to any documents indicating the item you wish to withdraw (Deposit certificate number or number of motion)
5. Volume of goods to be removed (bags, tons, boxes, kilos, meters, etc ...)
6. Daily packaging performance.
7. Copy the issued shipment ticket.
8. If you are interested, appoint a person to monitor the maneuver of shipment, please notify the letter, the name and position of the person.
FIFTEENTH.- The receipt and delivery of THE GOODS and the customer service will be Monday through Saturday during the hours set by ARGO. If for any reason you had to receive or deliver goods in non-working hours or days, THE DEPOSITOR must request this service one day in advance and agree to the payment of overtime for service personnel assigned.
The cost of freight and demurrage charges in the unloading of vehicles carrying goods or merchandise is the sole responsibility of THE DEPOSITOR except for delays that are attributable to ARGO.
SIXTEENTH.- In the case of stock of goods or merchandise individually designated, whether for reasons that are not attributable to ARGO, goods or rotten goods under conditions that may affect safety or health, ARGO will request the intervention of a broker with offices or Licensing of public health may proceed without liability, to the sale or destruction of THE GOODS or effect in question.
In any case shall be borne by THE DEPOSITOR FACILITIES damages they may sustain as a result of the dissolution or change of deposited GOODS.
SEVENTEENTH.- THE DEPOSITOR agrees to keep updated ARGO on the personnel recorded in "Appendix Authorized Signatures", authorized to instruct in the handling, collection and delivery of THE GOODS and the issuance of Certificates of Deposit, and disclaims all liability in case of instructions received by persons who are not written off in the register.
EIGHTEENTH.- ARGO will include in THE DEPOSITOR’s account for settlement, payments made on behalf of it, for freight, rigging, or any other similar concept.
THE DEPOSITOR agrees and expressly authorizes ARGO to perform such payments onto its name so as to reimburse the amounts covered plus an additional 15% within the next 10 days that the invoice is submitted for reimbursement.
If THE DEPOSITOR wishes to make payments directly should inform ARGO in written prior to receipt of THE GOODS.
NINETEENTH.- If the decomposition of THE GOODS and for chemical reactions combined with the environment provoke explosion risks or environmental pollution that endanger other surrounding THE FACILITIES or the health of employees or neighbors to ARGO FACILITIES, after consultation with the relevant health authorities and public intervention of a broker, take their own actions as it deems appropriate in accordance with the opinion, covering them in writing but not limited to management from simply moving GOODS , upon notice immediately to THE DEPOSITOR.
The costs of operations, management and transfer shall be borne by THE DEPOSITOR, who must repay to the presentation of the bill within the next 5 days.
If destruction of THE GOODS in poor condition whose decomposition is not attributable to ARGO, this is understood as natural wastage for the purposes stated in Article 283 of the Securities Act and Credit Transactions.
In any circumstance that threatens the integrity or conservation optimum THE GOODS stored in THE FACILITIES where they were originally deposited, ARGO wil transfer these to other facilities without signing a new agreement between the parties, giving written notice of immediate THE DEPOSITOR to transfer as much of the store where these will be deposited, accompanied by a detailed report with graphics support if possible, to demonstrate the circumstances or causes of the transfer.
TWENTIETH.- ARGO and THE DEPOSITOR agree that the deadline for the storage of THE GOODS left in bonded warehouse shall be subject to the period mentioned in the corresponding deposit slip or in the absence of term mentioned in it, to a maximum of 2 (two) years. At the end of either of which, THE DEPOSITOR must do the following:
• Remove THE GOODS by paying taxes and royalties to the Treasury for final import
• donate to the federal treasury, or
• Return them to its origin’s country
In any case these options must be exercised within a period of 10 (ten) days after the expiry of the deposit referred to having previously covered services ARGO and submitting to the provisions of Article 22 of Law of Organizations and Auxiliary Credit Activities.
GOODS AUCTION AND DESTRUCTION:
TWENTY-FIRST.- THE DEPOSITOR authorizes ARGO to proceed to the auction or destruction of THE GOODS left in storage when THE DEPOSITOR to refrain from paying ARGO services for a period of 4 (four) months, a customer becomes a difficult deal or refrain to remove THE GOODS after last 8 days of having notified ARGO.
The proceeds of the auction will apply to cover in the following order:
1.- The payment of taxes, duties or responsibilities that are pending tax by way of deposit GOODS.
2.- The payment of the debt accrued to ARGO, under the terms of this agreement of deposit and;
3.- The payment of the value stated in the pledge bonds to apply where there are several pledge bonds in relation to a certificate, the order of priority indicated, among the various holders of such bonds by pledge numbering order for such bonds.
The remaining will be retained by ARGO available holder of the certificate of deposit.
For purposes of the auction process and the implementation of its product, the corresponding deposit agreement with the certified statement counter ARGO is enforceable without signature recognition or other requirement.
In the case of THE GOODS subject to tax warehouse that have not been possible to its disposal in terms of Article 22 of the Act referred to in the end, or in the case of THE GOODS in a state of decomposition or those under the Act had ARGO abandonment caused initiate a proceeding before the customs authorities for permission for destruction or donation where appropriate, in terms of the Customs Act and its regulations.
THE DEPOSITOR adhered from the signing of this agreement at the time that ARGO can be made to the customs authority the steps that apply to the goods deposited.
CREDIT TITLES:
TWENTY-SECOND.- THE GOODS received by ARGO, this will issue non-negotiable Certificates of Deposit payable to THE DEPOSITOR. Just in case THE DEPOSITOR required it, ARGO will issue negotiable Certificates of Deposit. ARGO may, without liability, at any time in its judgment, reserve the right to carry out the issuance of Certificates of Deposit and ledge bonds.
The basic characteristics of the goods on them to make the issuance of Certificates of Deposit by way of circulation are, among others, the following: being easy to perform, not expiratory; not be specialized, to be designated generically, not products fashion or electronic, to be, according to ARGO, suitable for certification negotiable.
The application for issuing Certificates of Deposit as a matter of movement should be sent to ARGO in writing using the format for this ARGO promotional staff will make available to THE DEPOSITOR upon its request.
TWENTY-THIRD.- ARGO is obliged to issue, the next business day of receipt of the above documents / Certificate (s) of Deposit, with a maximum term of six months, protecting goods in mentioning the quantity, quality, price unit and total.
TWENTY-FORTH.- The applicant must inform in writing ARGO, when performing any operation endorsement of Certificates of Deposit, citing data from the endorsee and location data. THE DEPOSITOR remains responsible to ARGO in terms of this agreement and such liability shall remain in force throughout the term of the securities until the parties agree otherwise.
TWENTY FIFTH.- THE GOODS must be removed no later than the expiration date of the deposit to appear on the Certificate unless the parties agree to extend the mentioned period in which case there will be issued a new Certificate of Deposit.
TWENTY SIXTH.- ARGO will deliver THE GOODS to the legitimate holder of the Certificate of Deposit in whole or in batches if THE GOODS allow convenient division and in the case of goods in bonded warehouse once the tax liability may have been covered.
In terms of the provisions of Article 239 of the Securities Act and Credit Operations, the legitimate holder at the time of retirement is different from THE DEPOSITOR; ARGO should cover the fees that are pending at the time as a result of the contracted services and in the case of filing tax obligations to the Treasury.
ARGO will deliver in this case to the legitimate holder of the Certificate of Deposit, a bill to name it, in which the concepts are stated by the warehousing services in accordance with this agreement and / or any other similar concept.
INSURANCE POLICY:
TWENTY SEVENTH.- ARGO will hire on behalf of THE DEPOSITOR, insurance as detailed in "Appendix General Information", with the signing of this agreement, the authorization by THE DEPOSITOR to perform the steps of ARGO and insurance companies freely choose.
If the applicant is not satisfied that ARGO, performs management on the insurance, it shall communicate at the time of signing this agreement, providing the documentation required ARGO staff in order to verify this has been covered sufficiently requirement on their own, showing also an insurance policy with sufficient coverage on the total values of THE GOODS and the receipt thereof, designating Almacenadora Argo, SA DE CV as first preferred beneficiary.
TWENTY-EIGHTH.- In the event of any claim that the product suffers, in THE FACILITIES, ARGO is obliged to submit the claim corresponding to the appropriate insurance company within 24 (twenty four) hours of receiving notice of the accident. ARGO files the claim with a copy to THE DEPOSITOR reliably to verify compliance in a timely manner of this obligation. In the event that the insurance policy as it covers THE GOODS was the ARGO insurance policy, it will respond to THE DEPOSITOR for amounts paid by the insurance company, with the understanding that payment will be on the value declared on Certificates of corresponding Deposit.
TWENTY-NINTH.- THE DEPOSITOR who will cover the costs of deductibles and / or legal proceedings between other corresponding fully resolved to leave any circumstance that prevents recovery ARGO forfeited security or payment.
THIRTIETH.- THE DEPOSITOR engages in this act to instruct its insurance company to respect and enforce what is enshrined in Arts. 244 and 246 of the Securities Act and Credit Operations, in order to continue to distribute the compensation resulting from an accident and is forced to pay every ARGO concepts and costs and in which it would get involved harmless commitments from taxes, maneuvers, warehousing, shipping, cleaning and so that any event caused directly or indirectly.
SERVICES FEE:
THIRTY-FIRST.- THE DEPOSITOR shall be required at all times to cover the fees set forth herein and all those who have contributed further to this agreement. This obligation will persist even if THE DEPOSITOR for any reason, transfer to third parties GOODS matter of this contract.
THIRTY-SECOND.- ARGO is committed to respecting the quotas agreed in this agreement for one year from signing if there are no significant variations in the national economy to oblige a reconsideration thereof. If one year has not ARGO notice of modification shall be deemed effective and THE DEPOSITOR can continue to use the services on the same terms. If the applicant fails to use the services of ARGO for a prolonged period of at least three months prior to the requisition of a new service will be at the discretion of ARGO use this agreement if you do not see need to sign a new instrument between the parties.
THIRTY-THIRD.- Payments, costs and fees charged to THE DEPOSITOR shall be made within 5 days of receipt of invoice, unless THE DEPOSITOR has to withdraw the total GOODS liquidate in which case the total amount of arrears . THE DEPOSITOR ARGO can make any comment it deems necessary within the period referred to herein. Failure to exercise that right to be deemed to have accepted the amounts and concepts referred to in the bill. Any payment who is not aware within the term mentioned default interest will cause the following: TIIE +2 x2 calculated from the date on which payment should have been made and the date it is actually received by ARGO. Notwithstanding the foregoing and pursuant to the applicable provisions, ARGO reserves the right to withhold THE GOODS stored, until such time as the debts are fully covered or auctioned, in order to make the location fee in accordance with due procedure under the Act General of Organizations and Auxiliary Credit Activities. The parties agree that the fees mentioned herein may be paid upon registration to ARGO, by a different person that signed this agreement.
NOTIFICATIONS:
THIRTY-FOURTH.- All notices, warnings and even sites that arise as a result of this agreement, will be held at the addresses indicated parties, including those under the auction procedure originating in addition shall be satisfied the notice or, if parties agree that these are made electronically on the website to point as e-mail address or e-mail, and meet the requirements of the Federal Code of Civil and Penal Procedure for the conservation and testing data electronic documents.
THIRTY-FIFTH.- The parties designate the following addresses for purposes of the preceding clause:
ARGO:
Address:
Contact:
Telephones:
E-mail:
For attention, complaints and suggestions, please communicate us at www.argoalmacenadora.com.mx Internet page or the following number 01 800 111 2746.
THE DEPOSITANTE:
Address:
Contact:
Telephones:
E-mail:
EFFECTIVENESS:
THIRTY-SIXTH.- This agreement shall remain valid for one year, either party may terminate by written notice given to the other with 30 (thirty) days in advance. Also be terminated if the parties cannot agree on the review and adjustment of annual rates.
THIRTY-SEVENTH.- In case of failure of THE DEPOSITOR of its obligations as a result of this agreement, ARGO may terminate or enforce compliance in which case the rights shall cease to apply for letters THE DEPOSITOR quota should use the tax warehouse.
Also be terminated if ARGO promotes the auction procedure referred to Article 32 of the General Law of Organizations and Auxiliary Credit Activities.
Should it be THE DEPOSITOR the party giving the notice of termination of this agreement, it must remove THE GOODS according to the law within a period not exceeding 8 (eight) calendar days following (the deadline given in clause 36). The applicant must have covered at this time the total services obtained from ARGO. ARGO Otherwise it can go on to the auction of THE GOODS.
THIRTY-EIGHTH.- This agreement shall be construed and governed by the laws in force of the United Mexican States. In case of any dispute arising by reason of its interpretation, implementation or enforcement of the obligations contained therein and in case of dispute, the parties submit to the laws and jurisdiction of the City of Córdoba, Veracruz, Mexico, DF or Veracruz, Veracruz, as decided by the plaintiff, waiving any privilege that by reason of his domicile may correspond to the present or future.
THIRTY-NINTH.- This agreement shall be governed by the General Law of Negotiable Instruments and Credit Operations, General Law of Organizations and Auxiliary Credit Activities, Customs Law and other related.
Having read this agreement and knowing its content, scope and legal strength, both parties double-sign it in the city of .
THE BONDER THE DEPOSITOR
ARGO ALMACENADORA, SA DE CV
REPRESENT BY REPRESENT BY
--------------------------------------------------------------- ---------------------------------------------------------------
COMMERCIAL EXECUTIVE
---------------------------------------------------------------
Article 22. The Warehouses conducted the auction of goods and assets held in public auction to the highest bidder ... when so requested, in accordance with law, the holder of a pledge bond. The stores may also proceed to the auction of goods or property deposited when; having beaten the deadline for the deposit passing eight days without them may have been withdrawn from warehouse, the notification or notice to make the store....
Note.- Paragraph underlined in the previous article, only if the be-guaranteed credits are obtained the goods stored.
CONTRATO EN INGLÉS DE DEPÓSITO DE MERCANCÍAS - GOODS BONDING AGREEMENT
GOODS BONDING AGREEMENT, CELEBRATING: , REPRESENTED BY , WHO THEREFORE WILL BE NOMINATED AS “THE BONDER” AND ARGO ALMACENADORA, S.A. DE C.V. REPRESENTED BY , THEREFORE NAMED AS “ARGO” BOTH BEING NOMINATED AS “THE PARTIES”, TO THE HOLDER OF THE FOLLOWING DECLARATIONS AND CLAUSULES:
