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Auction Agreement for Peru National Winners


Peru Bidding Instructions and Pricing 

The 2022 ACE National Winner 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, david@mcultivo.com, 
kathia@cupofexcellence.org 

Acceptance of Terms and Conditions 

Your participation in this auction indicates your review and agreement to the following bidding instructions. Should you purchase any ACE National Winner coffee at this auction, in a buying group or through a secondary channel you agree to the use and restrictions of the ACE National WinnerR mark. Any misuse of this mark may be cause for legal proceedings. 
Auction Opening Date and Times 
Bidding will open on December 01st at 9:00AM EDT (New York) 
Bidding will close on December 09th at 17:00 or 5:00PM EDT (New York) 
Your opening and closing time may vary depending on your location-please check based on 9:00AM EDT (New York) 

Coffee Lots 
The 5 coffees lot being offered for sale as ACE National Winner through this internet auction has scored 85+ by the international jury during the final stage of the Cup of Excellence competition. The designated coffees were blindly cupped from October 26th and October 29th by 12 International Judges designated by ACE, at Huamanga-Ayacucho with Mr. Luis Rodriguez as the head judge 
Bidding for these lots is only available through the ACE National Winner Platform on the Alliance for Coffee Excellence website. Each lot is separate and distinct. Samples of all lots have been made available in advance of the auction- it is the responsibility of the bidder to determine quality and appropriate value. 

Auction Pricing 
Pricing for the lots are figured in (USD) dollars and cents per pound. Bidding calculations and fees will be based on a close estimate of export pounds after milling and packing the coffees. An opening/reserve price of $4.00 USD per pound for lots that scored 85 + points, has been set by Central de Organizaciones Productoras de Café y Cacao del Peru as representative of the winning farmers for lots. All opening bids on all lots must be equal to or greater than the opening/ reserve price. 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 and close together on the set date and time regardless of bidding activity. There will be a clock on the site indicating the remaining hours and minutes. A bidder may place multiple or single bids on any or all lots during the open auction until the auction closes. Once the auction software indicates FINISHED it will not accept any more bids. A PENDING notification does not end the auction. 

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 
The Peru National Winners 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. 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 
ACE National Winner Internet Auction 

The 2022 ACE National Winner Sales Platform 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, david@mcultivo.com, or kathia@cupofexcellence.org 

Acceptance of Terms and Conditions 
Your participation in this auction indicates your review and agreement to the following terms. Should you purchase any ACE National Winner coffee at this auction you agree to the terms and conditions of purchase and shipping included in this agreement. Any buyer of any ACE National Winner coffee through the auction or through a secondary channel agrees to the use and restrictions of the ACE National WinnerR mark. Any misuse of this mark may be cause for legal proceedings. 

Coffee Lots 
The 5 coffees lot being offered for sale as ACE National Winner through this internet auction has scored 85+ by the international jury during the final stage of the Cup of Excellence competition. The designated coffees were blindly cupped from October 26th and October 29th by 12 International Judges designated by ACE, at Huamanga-Ayacucho with Mr. Luis Rodriguez as the head judge 
Bidding for these lots is only available through the ACE National Winner Platform on the Alliance for Coffee Excellence website. Each lot is separate and distinct. Samples have been made available. It is the responsibility of the bidder to determine quality and appropriate value. 

Packing Information 
The Peru National Winners 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. 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. 
Financial Responsibility for Payment 
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. 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. 
It is expected by the lead bidder in the auction to collaborate with the exporter facilitating communication and expediting the payment process in the case any setbacks regarding payment or complications in communicating with other buyers from the group are encountered. 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 

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 Perú 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 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 Central de Organizaciones Productoras de Café y Cacao del Perú on any ACE National Winner lot shipped after 45 days. 

ACE National Winner lots for Peru are shipped terms (FOB1 for Sea shipping FCA2 for Air shipping recommended), 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. 

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 

THE EXPORTER 
Peru's nominated exporter is: 
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 Malecón Checa 459, Urb. Zarate, San Juan de Lurigancho, Lima Exporter Contact Name: Geni Fundes / Javier Vasquez 
Exporter Phone numbers: +511 999608517 /+511 999 608 517 
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: 60cm*50cm*19cm 
All buyers must contact the exporter, coordinators and ACE within 7 days of the close of the auction. 

Modification of this Agreement 
The Management of Alliance for Coffee Excellence 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). 
1 FOB: the seller delivers the goods on board the vessel at his own cost. 
2 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 the destination with all involved in the process (customs/taxes/paperwork/permits) 

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, in 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 in the GCCs. ACE assumes the farm information is correct and up to date but is not responsible should some information 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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