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Auction Agreement for Peru

Bidding Instructions and Pricing Peru Cup of Excellence Internet Auction 

The 2022 Cup of Excellence Internet Auction is sponsored by The Alliance for Coffee Excellence, Inc. (ACE) and Central de Organizaciones Productoras de Café y Cacao del Perú. If assistance is required during the auction please contact darrin@cupofexcellence.org, kathia@cupofexcellence.org david@mcultivo.com 

Acceptance of Terms and Conditions 
Your participation in this auction indicates your review and agreement to the following terms. Should you purchase any Cup of Excellence coffee at this auction you agree to the terms and conditions of purchase and shipping included in this agreement. Any buyer of any Cup of Excellence coffee through the auction or through a secondary channel agrees to the use and restrictions of the Cup of Excellence® mark. Any misuse of this mark may be cause for legal proceedings. It is the responsibility of the bidder to determine quality and appropriate value. Bidders should assess the value of each coffee based on quality in the cup and its appropriateness for their company. Farm information is for educational purposes only but can be used to help sell the winning coffees. 
Auction Opening Date and Times 
Auction will open for bidding on December 6th at 9:00AM (New York) 
Your opening time may vary- please check based on 9:00AM EDT (New York) 
The Auction will open for bidding at 
  • 06:00 (Los Angeles) 
  • 09:00 (New York) 
  • 14:00 (London) 
  • 15:00 (UTC Oslo/Amsterdam) 
  • 17:00 (Moscow) 
  • 18:00 (Dubai) 
  • 22:00 (Hong Kong) 
  • 23:00 (Tokyo/Seoul) 
  • 01:00 (Melbourne/Sydney) December 7th 

Coffee Lots 
The 29 coffee lots being offered for sale through this internet auction were designated Cup of Excellence (COE) winners at the 2022 Peru competition. The designated coffees were blindly cupped through the following process: 

Preselection stage: September 12th September 16th with the 11 National Judges, at Lima, with Luis Rodriguez as the head judge. 
National stage: October 17th - October 21st with the 11 National Judges at Huamanga-Ayacucho, with Luis Rodriguez as the head judge. 
International stage: October 26th October 29st with the 12 International Judges at Huamanga-Ayacucho, with Luis Rodriguez as the head judge. 
No other coffee can be sold using this designation. Online bidding for any Cup of Excellence lots is only available through this website. Each lot is separate and distinct. The top 3 lots scoring 90+ points have already been separated into 2 distinct lots labeled A and B. Samples have been made available. 

Auction Pricing 
Prices for the lots are figured in USD dollars and cents per pound. A minimum opening price of: $5.50/lb for coffee with a score between 87+ For each lot has been set by Central de Organizaciones Productoras de Café y Cacao del Perú as representative of the winning farmers. All opening bids on all lots must be $5.50 USD or any amount greater. Incremental bids must be $.10 (ten cents) per pound or any amount greater than $.10 (ten cents) per pound. 

Bidding, Opening and Closing 
All lots will open together with the same minimum price. The bidding page will indicate "OPEN" until all lots have at least one bid after which a 3-minute countdown clock will begin. A bidder may place multiple or single bids on any or all lots during the open auction or during the 3-minute countdown clock. Each bid on any lot resets the clock to 3 minutes. A clock on the bidding page will indicate the time remaining for the auction. Once there are no more bids on any lot during the 3-minute time window the auction and all lots will close for bidding. A PENDING notification does not end the auction even though bidding may cease. No bid is final until the FINISHED notification appears. Once the auction software indicates FINISHED the highest bid wins the lot and all lots are closed for any additional bidding. At the conclusion of the auction, the buyer for the lot and the person responsible for payment and for shipping coordination will be the bidder placing the highest bid or auto bid for that lot. Should there be two identical auto bids the first auto bid placed wins the lot. 

Proxy and Auto Bids 
An auto-bid or proxy feature is available to any bidder wishing to allow the software to place their next highest bid. A bidder can place a high bid on any coffee lot using the auto-bid function. The software will then place a ten cent higher bid above a competitive bid until the auto bid price is reached. The software will not place any higher auto-bid amount unless there is a competitive bid for that lot. Each Bidder will be able to view the current high bid for a Lot at any time during the Auction. Individual bids once accepted by the auction software, may not be revoked or withdrawn. Buyers are fully responsible for the bids placed and must comply and accept their set purchased price during the auction should they result winners of the lot. However, you may cancel an auto-bid to prevent the system from placing further bids on your behalf. 

Packing Fee 
All Cup of Excellence coffees are vacuum packed in cartons each containing 2 (two) 15kg bags. Successful bidders will be charged $0.22 (twenty two cents) per pound mandatory fee for vacuum packing. Bidding calculations and vacuum packing fee are based on actual pounds after milling and packing the coffees. The number of 30kg boxes as well as the weight in pounds will be shown. 
Communication During and After Auction 
Each Bidder will log in using his/her confidential password. All bids will be identified during the auction with a bidding number not a company name. During the auction the software will communicate any outbids, any auction issues, notifications or final successful bids using the email address registered for that bidder. It is the bidder's responsibility to ensure that the registered email is correct. Contact ACE staff for verification if uncertain. 
Posting the Results 
30 minutes or earlier after the end of the auction successful bidders will be identified by their company names. The auction results will be posted on the ACE website. Buying group members and their company identification is the responsibility of the actual bidder. Buyers can also be added at a later date. 
To modify & add names of winning bidders on the ACE website please email carlos@cupofexcellence.org once the auction has concluded. 

Payment and Shipping Requirements for 
Peru Cup of Excellence Internet Auction 

The 2022 Cup of Excellence Internet Auction is sponsored by The Alliance for Coffee Excellence, Inc. (ACE) and Central de Organizaciones Productoras de Café y Cacao del Perú. If assistance is required immediately following the auction please contact darrin@cupofexcellence.org, kathia@cupofexcellence.org or david@mcultivo.com 

Acceptance of Terms and Conditions 
Your participation in this auction indicates your review and agreement to the following terms. Should you purchase any Cup of Excellence coffee at this auction you agree to the terms and conditions of purchase and shipping included in this agreement. Any buyer of any Cup of Excellence coffee through the auction or through a secondary channel agrees to the use and restrictions of the Cup of Excellence® mark. Any misuse of this mark may be cause for legal proceedings. It is the responsibility of the bidder to determine quality and appropriate value. Bidders should assess the value of each coffee based on quality in the cup and its appropriateness for their company. Farm information is for educational purposes only but can be used to help sell the winning coffees. 
Coffee Lots 
The 29 coffee lots being offered for sale through this internet auction were designated Cup of Excellence (COE) winners at the 2022 Peru competition. The designated coffees were blindly cupped through the following process: 
Preselection stage: September 12th - September 16th with the 11 National Judges, at Lima, with Luis Rodriguez as the head judge. 
― 
National stage: October 17th October 21st with the 11 National Judges at Huamanga-Ayacucho, with Luis Rodriguez as the head judge. 
International stage: October 26th - October 29st with the 12 International Judges at Huamanga-Ayacucho, with Luis Rodriguez as the head judge. 
No other coffee can be sold using this designation. Online bidding for any Cup of Excellence lots is only available through this website. Each lot is separate and distinct. The top 3 lots scoring 90+ points have already been separated into 2 distinct lots labeled A and B. Samples have been made available. 
Packing Information 
The Peru Cup of Excellence coffees are vacuum packed in cartons each containing 2 (two) 15kg bags. Successful bidders will be charged $.22 (twenty two cents) per pound mandatory fee for vacuum packing in addition to the per pound cost of the auction price for each lot. Bidding calculations and vacuum packing fee are based on actual pounds after milling and packing the coffees. The number of 30kg boxes as well as the weight in pounds will be shown. A broken seal on any vacuum package does not automatically warrant a claim or indicate a quality change. 
Financial Responsibility and Group Bidding 


The individual bidder placing the highest bid at the close of the auction is responsible for the financial payment to the exporter of the entire lot. Individual bids once accepted by the auction software, may not be revoked or withdrawn. The exporter may approve multiple payments and multiple shipping instructions for a single lot but only if the successful bidder requests the approval and submits all of the shipping instructions within 7 days of the auction. If the exporter or the country partner denies the request for any reason the bidder will be held liable for the entire payment regardless of group purchase. If a lot is split and sent to more than one destination the buyer will be responsible for any additional costs or fees associated with that export. 
In a situation where the farmer is responsible for the payment of the transport, it is expected the winning bidder will designate a shipping method which will not substantially affect the costs the farmer is charged within the origin country to deliver the coffee to the shipping facility such as but not limited to: port, airport, third party designated exporter. The management of the Cup of Excellence program has the right to seek and provide the winning bidder fair shipping options considered equative for the selling and buying parties. 
The responsibilities of the lead bidder of a buyer group are to review, approve and socialize all terms and conditions with each member of their buying group. This bidder agreement is only sent to those registered to bid in the auction, if the members of your buying group are not registered for the auction the lead bidder is required to share the agreement to get each member's approval. It is required that the lead bidder in the auction to collaborate with the exporter facilitating communication and expediting the payment process if any setbacks are encountered regarding payment or complications in communicating with other buyers from the group. Should there be any default from the additional group bidders, the lead bidder must assume financial responsibility for the defaulted coffee if no interested buyers are found 
If a lot is split between several buyers and sent to more than one destination, all additional buyers of said lot will be charged with an extra fee per shipment to cover the additional administrative costs associated with the export depending on the transport mode: 
Air cargo: $ 200 USD 
Sea freight: $250 USD 

Payment Requirements 
Full payment of the lot(s)and the packing fee(s) is required prior to shipment unless other requests are made in writing and approved in advance. Cash against documents must also be approved in advance of the auction. Prepayment of the lot is required if moved to another exporter to be shipped. Shipment, quality and delivery responsibility will revert to new exporter. 
Full payment is due 30 (thirty) days after the close of the auction regardless of ship date or method. A minimum 2% monthly late fee may be charged for any lots not paid within 30 days. 
All the fees or expenses generate in the bank of the buyer for make the transaction of payment have to be pay it for the buyer. 

Shipping Requirements 
Shipping instructions are to be sent to Central de Organizaciones Productoras de Café y Cacao del Peru within 7 (seven) days of the close of the auction by the successful bidder or the bidder's designated importer. Bidders can nominate any importer. A COE cooperating importer is recommended. These can be found on the ACE website at www.allianceforcoffeeexcellence.org 
All Lots must be shipped within 45 days of the auction. No claim may be made to the exporter, farmer, Alliance for Coffee Excellence or Peru on any COE lot shipped after 45 days. COE lots for Peru are shipped, terms1 FOB for Sea shipping FCA for Air shipping, net weight and applicable fees- airfreight is available at an extra cost and can be coordinated by the exporter. Lots will be shipped as per the instructions and at the cost of the successful bidder. Any changes that result in extra fees will be paid by the buyer. 

THE NOMINATED EXPORTER 
Exporter Name: CENTRAL DE ORGANIZACIONES PRODUCTORAS DE CAFÉ Y CACAO DEL PERU 
Exporter Address: Calle Enrique Villar 103 - URB. SANTA BEATRIZ-LIMA 
COE Coffee Warehouse Address: Avenida Malecon Checa 459, Urb. Zarate, San Juan de Lurigancho, Lima Exporter Contact Name: Geni Fundes / Javier Vasquez 
Exporter Phone numbers: +511 999608517 / +511 952536707 
Exporter Email Address: jvasquez@centralcafeycacao.org, 
Copy to: 
darrin@cupofexcellence.org, gary@cupofexcellence.org, kathia@cupofexcellence.org, 
gabriela@cupofexcellence.org, genifundes@centralcafeycacao.org 
Box Dimensions:60x50x19cm 
All buyers must contact the exporter, coordinators and ACE within 7 days of the close of the auction. Winning farmers will cover normal FOB costs occurring from warehouse to port, any additional costs and/or special requests will be charged to buyers. 

Modification of this Agreement 
The Management of the Cup of Excellence program have the right to modify this Agreement and any policies affecting the website. Any modification is effective immediately upon posting to the website or distribution via electronic mail. Your continued use of the auction or website following the notice of any modification shall be deemed your acceptance of the modification(s). 
Indemnification, Claims and Disclaimer 
Use of this internet auction and ACE website is at the bidder's own risk. Bidders agrees not to hold the Alliance for Coffee Excellence, Peru the provider of software, internet services or telecommunications companies for any consequential, incidental and/or liquidated damages if any that may result from or is claimed to result from, the bidder's participation in the auction. 
The winning coffees have been selected and scored in blind cuppings. The winning farm and the specific coffee lot information is submitted by each farmer and is not known to the public until the winning coffees have been disclosed following the international stage cuppings held by the chosen panel. ACE assumes the farm information is correct and up to date but is not responsible should some information 
1 *FOB: the seller delivers the goods on board the vessel at his own cost. 
*FCA: export cleared goods are delivered by the seller to the carrier at the named and defined location mentioned in the contract. 
In both cases: All export documents are at the responsibility of exporter to provide & 
The buyer is responsible for clearing the shipment at destination with all involved in the process (customs/taxes/paperwork/permits) change before or after the auction. Bidders should assess the value of each coffee based on quality in the cup and its appropriateness for their company. Farm information is for educational purposes only but can be used to help sell the winning coffees. All quality claims must be made within 15 days of delivery as per the Green Coffee Association of NYC ruling but no claim can be made on any coffees shipped more than 45 days after the close of the auction. Should a claim arise, a neutral arbitration panel will be assembled to assess the claim. Bidding at this auction represents a contract to purchase the coffee. Should a buyer default on payment legal remedies will be undertaken. 
For any quality claims, ACE must be contacted directly before any public statements/posts/social media articles or any related matters are published to a general audience. A resolution will be amicably sought after between ACE, in-country partner, buyer, and exporter. Any public statements/posts/social media articles or any other general audience published before contacting ACE will result in a void quality claim process. ACE reserves the right to have the final resolution in any quality claim. 


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