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Chinese & Dubai Ncnda

This document is a Non-Circumvention, Non-Disclosure Agreement (NCNDA) between DAR AL MUHARA GENERAL TRADING LLC and RONGKUN IMPORT & EXPORT LTD for the procurement of Brazilian ICUMSA 45 sugar. The agreement outlines terms for confidentiality, non-circumvention, and penalties for breaches, and is valid for five years from the signing date of December 21, 2024. The contract specifies a quantity of 200,000 MT per month at USD 430 per MT, with delivery terms to Guangzhou, P.R.C.

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0% found this document useful (0 votes)
41 views7 pages

Chinese & Dubai Ncnda

This document is a Non-Circumvention, Non-Disclosure Agreement (NCNDA) between DAR AL MUHARA GENERAL TRADING LLC and RONGKUN IMPORT & EXPORT LTD for the procurement of Brazilian ICUMSA 45 sugar. The agreement outlines terms for confidentiality, non-circumvention, and penalties for breaches, and is valid for five years from the signing date of December 21, 2024. The contract specifies a quantity of 200,000 MT per month at USD 430 per MT, with delivery terms to Guangzhou, P.R.C.

Uploaded by

ahmadgour01
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd

INTERNATIONAL CHAMBER OF COMMERCE (I.C.

C 619 & 664)


NON-CIRCUMVENTION, NON-DISCLOSURE AGREEMENT (NCNDA

Contract Code
Seller`s Transaction Code
Invoice Code
Type of Deal TERM
Product WHITE ICUMSA 45 SUGAR (FOR HUMAN CONSUMPTION)
Product Origin BRAZIL
Contract Quantity 200,000MT PER MONTH X 12 MONTHS
Price USD 430 PER MT
Contract Period ONE YEAR
Delivery Terms GUANGZHOU, P.R.C.
Seller`s Name MD AHMAD
Seller`s Side Representative [Link] PRAKASH
Buyer`s Name RONGKUN IMPORT & EXPORT LTD
Buyer`s Side Representative LU JIANYANG
Contract date 21.12.2024

NON-CIRCUMVENTION, NON-DISCLOSURE AGREEMENT(NCNDA)


This Agreement, made and entered into this 21ST December 2024 at Delhi, India, by and between
DAR AL MUHARA GENERAL TRADING LLC , a company incorporated in United Arab Emirates having its
Corporate Office at Free zone dubai UAE, (which expression shall unless repugnant to the context or meaning
thereof be deemed to include their successors-in-interest and assigns) the party of the FIRST PARTY;
AND
RONGKUN IMPORT & EXPORT LTD., A firm having its Office Room 1318-19,hollywood commercial centre
610,nathan road mong kok,kowloon,Hong kong (which expression shall unless repugnant to the context or
meaning there of be deemed to include their successors-in-interest and assigns) the party of the SECOND
PARTY.

This Agreement shall obligate the undersigned parties, and their partners, associates, employers, affiliates,
subsidiaries, parent companies, nominees, representatives, employees, successors, clients and assigns,
hereinafter, referred to as (the “Parties”), jointly, severally, mutually, and reciprocally for the terms and
conditions expressly stated and agreed to below, and this assignment may be referenced from time to time in
any document(s) or agreements.
[Link] AND CONDITIONS
The terms and conditions of this Agreement apply to any exchange of information in writing, involving business
transaction, financial information, personal or corporate names, contracts initiated by or involving the Parties,
and any addition, renewal, extension, amendment, re–negotiation, or new agreement, hereinafter, referred to
as (“The Project Transaction”) for all business transactions.

THE PROJECT TRANSACTION IS FOR PROCUREMENT OF BRAZILIAN ICUMSA 45 SUGAR FOR


PEOPLES REPUBLIC OF CHINA.

Now, therefore is agreed:


Non-Circumvention, Non-Disclosure Agreement
1
A. The Parties, intending to be legally bound, hereby irrevocably agree, and guarantee each other, that
they shall not directly or indirectly interfere with, circumvent or attempt to circumvent, avoid, bypass, or obviate
each other’s interest, or the interest or relationship between the Parties with producers, sellers, buyers,
brokers, dealers, distributors, refiners, shippers, financial institutions, technology owners, or manufacturers, to
change, increase, or avoid directly or indirectly payment of established fees, commissions, or continuance of
pre-established relationship or intervene in any relationship with manufacturers or technology owners with
intermediaries, entrepreneurs, legal counsel, or initiate buy/sell relationships, or Transactional relationships
that bypass one of the Parties with any corporation, producer, partnership or individual revealed by one of the
Parties with any corporation, producer, partnership, or individual revealed or introduced by one of the Parties
to one another in connection with the Project Transaction and,
B. Furthermore, the Parties irrevocably agree that they shall not disclose or otherwise reveal directly or
indirectly, to any third party, any confidential information provided by one party to the other, or otherwise
acquired, particularly, contract terms, product information or manufacturing processes, prices, fees, financing
arrangements, schedules, and information concerning the identity of the sellers, producers, buyers, lenders,
borrowers, brokers, distributors, refiners, manufacturers, technology owners, or their representatives, and
specific individual names, addresses, principals, or telex / fax / telephones numbers, email addresses,
references, product or technology information, advised by Party(s) to another as being confidential or
privileged, without the prior specific written consent of the Party’s providing such information. The parties will
maintain complete confidentiality regarding each other business sources and/or their Affiliates and will disclose
such business sources only to the named parties pursuant to the express written permission of this party who
made available the source and,
C. This Agreement shall be valid for a minimum period of 5 (five) years from the date of this agreement;
unless mutually agreed in writing to be terminated by all the Parties and,
D. In the event of any breach by either party of any condition herein mentioned and or in any other
agreement entered into by any of the Parties, directly or indirectly, the circumvented party shall be entitled to
a legal monetary penalty along with reasonable damages for business loss plus any and all expenses, including
but not limited to all legal costs and expenses incurred to recover the lost revenue and
E. This Agreement shall be construed and interpreted in accordance with the Laws of Republic of India
and all disputes arising between the Parties hereto out or in connection with this agreement shall be amicably
settled amongst the Parties to this Agreement and,
F. Where the Parties to this Agreement fail to settle the disputes amicably, within ninety (90) days of the
written notice of its existence given by any Party to the other, then such dispute shall be settled through
arbitration in accordance with Indian Arbitration & Conciliation Act or the rules applicable, and the award made
in pursuance thereof shall be final and binding on the Parties. The arbitration proceedings shall take place in
English at New Delhi and Arbitrator shall be appointed mutually or by the competent courts at Delhi, India. The
Court at Delhi has exclusive jurisdiction to try & decide any dispute arising out of the present transaction and,
G. The Commissions, fees, compensation, or remuneration to be paid as a part of any Transaction
covering any Parties concerned and shall be paid at the times such contracts designated, concluded or monies
changing hands between buyers and sellers, unless otherwise agreed among the Parties. The Parties hereby
irrevocably and unconditionally agree and guarantee to honor and respect all such fees, or remuneration
arrangements made as part of any commission and
H Whereas, the parties mutually recognize that in the above stated Project Transaction involved in the
business between them or others referred by them, each may learn from each other, (including associates),
the identity, address, telephone, facsimile, email, telex numbers of clients, customers, suppliers, brokers,
agents, buyers, hereafter, referred to as “CONFIDENTIAL MANUFACTURER” which the other party has
acquired by substantial investment in time, expense, and effort and
I. Whereas, the Buyer will never approach the Confidential Manufacturer either directly or
Non-Circumvention, Non-Disclosure Agreement
2
indirectly in any situation. Any such circumvention would tantamount to monetary penalty of USD 50
million along with damages due to loss of future business in favour of the other party and
J. All considerations, benefits, bonuses, participation fees and/or commissions received as a result of the
contributions of the parties in the Agreement, relating to any and all transactions will be allocated as mutually
agreed and,
K. The signing parties hereby accept such selected jurisdiction as the exclusive venue.
L. The Parties hereto have agreed that signed facsimile or scanned copies of this Agreement shall be
enforceable and binding as signed original and
M. The Parties agree that the structures will be agreed to in writing prior to the closing of the above stated
Project Transaction and
N. This Agreement will cover all International Transactions including buying and selling, Import/Export that
will be accomplished during the term of this Agreement including merchandise, commodities as well as goods
and services and
O. This Agreement shall be binding upon and insure to the benefit of the Parties, their successors, heirs,
survivors assign and personal representatives and
P. The undersigned parties, their associates, agents, brokers, etc. declare that they are acting on behalf
of the manufacturers, sellers, or representatives thereof, on one side, and on the other side between buyers,
distributors, dealers, representatives thereof, or other entities called to provide the goods and services,
products, merchandise and commodities included in this Agreement on attached exhibits, amendments,
annexed, including transportation companies such as freight carriers, maritime freight companies, railroad
companies, airlines, and affiliates will be responsible to perform all services but decline all responsibilities as
a result of delays, strikes, quarantines, earthquake, hurricane, tornados, sinking, grounding, flooding, damage,
accident, or any other irregularity during the shipment of products, merchandise or commodities specified on
this Agreement while these are motivated by third parties or persons beyond the control of the parties and
Q. Signature on this agreement received by the way of facsimile, mail and / or email shall be deemed to
be an executed contract. This Agreement is enforceable and admissible for all purposes as may be necessary
under the terms of the agreement. All signatories hereto acknowledge that they have read the foregoing
agreement and by their initials and signature that they have full and complete authority to execute this
document for and in the name of the Party for which they have given their signatures.
In witness whereof, the Parties hereto have executed and delivered these covenants by mutual agreement on
the day and year first written above all faxes, mails, and emails are considered original, legal, and binding.
Each representative signing below avows that he / she is duly empowered by his / her respectively named
company to bind it to the commitments and obligations contained herein.

2. AGREEMENT TO TERMS
A. Signatures of this Agreement received by the way of Facsimile, Mail and / or Email shall be deemed to
be an executed contract. Agreement enforceable and admissible for all purposes as may be necessary under
the terms of the Agreement and
B. Any breach of this agreement from any parties, the party who has breached the conditions has to pay
monetary penalty along with reasonable damages for business loss plus any and all expenses, including but
not limited to all legal costs and expenses incurred to recover the lost revenue to another party and
C. All Signatories hereto acknowledge that they have read the foregoing Agreement and by their initials
and signature that they have full and complete authority to execute the document for and in the name of the
party for which they have given their signature and
D. If any term, provision, covenant, or restriction contained in this Agreement is held by a court of
competent jurisdiction to be invalid, void, or unenforceable, the remainder of the terms, provision, covenants,
and restrictions of the Agreement shall remain in full force and effect and shall in no way be deemed affected,
Non-Circumvention, Non-Disclosure Agreement
3
impaired, or invalidated and
E. This Agreement may not be amended or waived, in whole or in part, except with the written consent of
the Party against whom such amendment or waiver is sought to be enforced and
F. This Agreement constitutes the entire agreement and understanding between the parties to this
Agreement and supersedes all prior and contemporaneous negotiations and understandings between the
parties whether oral or written, expressed or implied.
ACCEPTED AND AGREED WITHOUT CHANGE

THE SELLER
NAME MD AHMAD ACCEPTED BY US WITH BELOW BANK DETAILS
PASSPORT NO. B6464709 BENEFICIARY NAME
CIN ACCOUNT NAME
COMPANY NAME DAR AL MAHARA TRADING ACCOUNT No.
LLC FZ
DESIGNATION PARTNER BANK NAME
ADDRESS FREE ZONE DUBAI UAE BANK ADDRESS

TEL./ MOBILE +917217841253 SWIFT CODE


EMAIL HR.A2ZCPL@[Link] BANK OFFICER`S NAME
WEB BANK TEL. No./ EMAIL

SIGNATURE & SEAL (ABOVE)


THE BUYER
NAME LU JIANYANG ACCEPTED BY US WITH BELOW BANK DETAILS
PASSPORT No. EA2543439 BENEFICIARY NAME RONGKUN IMPORT &
EXPORT LTD
VAT No. ACCOUNT NAME RONGKUN IMPORT &
EXPORT LTD
COMPANY NAME ACCOUNT No. 691-472807-838
DESIGNATION RONGKUN IMPORT & BANK NAME HSBC
EXPORT LTD
ADDRESS BANK ADDRESS 1 QUEEN ROAD CENTRAL
HONG KONG
TEL./ MOBILE SWIFT CODE HSBCHKHHHKH
EMAIL BANK OFFICER`S NAME
WEB BANK TEL. No./ EMAIL

Non-Circumvention, Non-Disclosure Agreement


4
LU JIANYANG MD AHMAD
SIGNATURE & SEAL (ABOVE)
SPECIAL PRE-ADVICE MUST BE SENT VIA SWIFT PRIOR TO WIRE TRANSFER AND
INSTRUCTIONS EMAIL NOTIFICATION IMMEDIATELY UPON EACH TRANCHE TRANSFER
PAYMENT TOGETHER WITH THE TRANSACTION CODE(S)

END OF DOCUMENT

Non-Circumvention, Non-Disclosure Agreement


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Non-Circumvention, Non-Disclosure Agreement
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