General Contract For Services Seaf20161026
General Contract For Services Seaf20161026
General Contract For Services Seaf20161026
This Contract for Services is made effective as of October 20, 2016, by and between
Ceramica Tierra Linda of Mario J. Olaguivel Rivera, located at : C. Capitan Guerrero Nro.
F14 Barrio Moto Mendez Tarija, Bolivia, and Sea Trade Financial Corp of Enrique J.
Perez, Located at: 7950 NW 53rd Street Suite 337, Miami, Florida 33166.
1. DESCRIPTION OF SERVICES. Beginning on October 20, 2016, Sea Trade Financial
Corp will provide to Ceramica Tierra Linda the following services (collectively, the
"Services"):
Purchase, investment in real estate development and sale of units for deposits, located
in Miami FL
2. PAYMENT. Payment shall be made Ceramica Tierra Linda, with address Guerrero Nro.
F14 Barrio Moto Mendez Tarija, Bolivia and Sea Trade Financial Corp agrees to pay in
installment payments of USD $4,000,000.00 for all transaction.
The Ceramica Tierra Linda should make the payment of USD $60,000 for expenses
occasioned by bank charges, closing, permits and other expenses necessary for negotiation.
Ceramica Tierra Linda shall pay all costs of collection, including without limitation,
reasonable attorney fees. In addition to any other right or remedy provided by law, if
Ceramica Tierra Linda fails to pay for the Services when due, Sea Trade Financial Corp has
the option to treat such failure to pay as a material breach of this Contract, and may cancel
this Contract and/or seek legal remedies.
3. TERM. This Contract will terminate automatically upon completion by Sea Trade
Financial Corp of the Services required by this Contract.
4. WORK PRODUCT OWNERSHIP. Any copyrightable works, ideas, discoveries,
inventions, patents, products, or other information (collectively the "Work Product")
developed in whole or in part by Sea Trade Financial Corp in connection with the Services
will be the exclusive property of Ceramica Tierra Linda. Upon request, Sea Trade Financial
Corp will execute, within a reasonable period of time, all documents necessary to confirm
or perfect the exclusive ownership of Ceramica Tierra Linda to the Work Product.
b.
c.
The subjection of any of either party's property to any levy, seizure, general
assignment for the benefit of creditors, application or sale for or by any creditor or
government agency.
d.
The failure to make available or deliver the Services in the time and manner
provided for in this Contract.
8. REMEDIES. In addition to any and all other rights a party may have available
according to law, if a party defaults by failing to substantially perform any provision, term
or condition of this Contract (including without limitation the failure to make a monetary
payment when due), the other party may terminate the Contract by providing written notice
to the defaulting party. This notice shall describe with sufficient detail the nature of the
default. The party receiving such notice shall have 12 months and 1 day days from the
effective date of such notice to cure the default(s). Unless waived in writing by a party
providing notice, the failure to cure the default(s) within such time period shall result in the
automatic termination of this Contract.
9. FORCE MAJEURE. If performance of this Contract or any obligation under this
Contract is prevented, restricted, or interfered with by causes beyond either party's
reasonable control ("Force Majeure"), and if the party unable to carry out its obligations
gives the other party prompt written notice of such event, then the obligations of the party
invoking this provision shall be suspended to the extent necessary by such event. The term
Force Majeure shall include, without limitation, acts of God, fire, explosion, vandalism,
storm or other similar occurrence, orders or acts of military or civil authority, or by national
emergencies, insurrections, riots, or wars, or strikes, lock-outs, work stoppages. The
excused party shall use reasonable efforts under the circumstances to avoid or remove such
causes of non-performance and shall proceed to perform with reasonable dispatch
whenever such causes are removed or ceased. An act or omission shall be deemed within
the reasonable control of a party if committed, omitted, or caused by such party, or its
employees, officers, agents, or affiliates.
10. DISPUTE RESOLUTION. The parties will attempt to resolve any dispute out of or
relating to this Agreement through friendly negotiations amongst the parties. If the matter is
not resolved by negotiation, the parties will resolve the dispute using the below Alternative
Dispute Resolution (ADR) procedure.
Any controversies or disputes arising out of or relating to this Agreement will be submitted
to mediation in accordance with any statutory rules of mediation. If mediation does not
successfully resolve the dispute, the parties may proceed to seek an alternative form of
resolution in accordance with any other rights and remedies afforded to them by law.
11. ENTIRE AGREEMENT. This Contract contains the entire agreement of the parties,
and there are no other promises or conditions in any other agreement whether oral or
written concerning the subject matter of this Contract. This Contract supersedes any prior
written or oral agreements between the parties.
12. SEVERABILITY. If any provision of this Contract will be held to be invalid or
unenforceable for any reason, the remaining provisions will continue to be valid and
enforceable. If a court finds that any provision of this Contract is invalid or unenforceable,
but that by limiting such provision it would become valid and enforceable, then such
provision will be deemed to be written, construed, and enforced as so limited.
13. AMENDMENT. This Contract may be modified or amended in writing by mutual
agreement between the parties, if the writing is signed by the party obligated under the
amendment.
14. GOVERNING LAW. This Contract shall be construed in accordance with the laws of
the State of Florida.
15. NOTICE. Any notice or communication required or permitted under this Contract shall
be sufficiently given if delivered in person or by certified mail, return receipt requested, to
the address set forth in the opening paragraph or to such other address as one party may
have furnished to the other in writing.
16. WAIVER OF CONTRACTUAL RIGHT. The failure of either party to enforce any
provision of this Contract shall not be construed as a waiver or limitation of that party's
right to subsequently enforce and compel strict compliance with every provision of this
Contract.
17. ATTORNEY'S FEES TO PREVAILING PARTY. In any action arising hereunder or
any seperate action pertaining to the validity of this Agreement, the prevailing party shall
be awarded reasonable attorney's fees and costs, both in the trial court and on appeal.
18. CONSTRUCTION AND INTERPRETATION. The rule requiring construction or
interpretation against the drafter is waived. The document shall be deemed as if it were
drafted by both parties in a mutual effort.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by
their duly authorized representatives as of the date first above written. Mario J. Olaguivel
Rivera, Owner for Ceramica Tierra Linda, and Enrique J. Perez, CEO for Sea Trade
Financial Corp, effective as of the date first above written.
Service Recipient:
Ceramica Tierra Linda
By:
________________________________________
Mario J. Olaguivel Rivera
Passport Number 1795177
Service Provider:
Sea Trade Financial Corp
By:
________________________________________
Enrique J. Perez
Passport Number 501387516