C-3- Contractual frameworks


Esandis offers you free import and export tools, and all the necessary skills. Our objective here is to provide the necessary information to help you understand the issues facing contractual parties through an import or export transaction.

Though international transactions are governed by laws and conventions, contract clauses and options must be well-understood. A simple Proforma invoice is often not enough to ensure legal protection.

It would be a good idea to seek legal advice to guide you through this process. Our objective here is to guide you to the right decisions.

The drafting of contracts carries the danger of assigning responsibilities. Each word is important, and a poorly drafted clause may be considered unfair or invalid. Other clauses, such as the arbitration clause, are important and should be included in your contracts.

3-1- The general conditions of export sales.

Like it is the case for a commercial transaction between British companies, it is essential to specify the conditions of export sales when a company is doing an international transaction and to have them validated by a lawyer specializing in international transactions. They must be therefore specific to international transactions.

3-2- The export distribution agreement

An export distribution agreement is used when the exporter works with an import distributor in the destination country. If this is the case, it should establish a contract between the exporter and the import distributor. This contract will be signed by both parties.

3-3- The export sales agreement

The export sales agreement is a written agreement negotiated and signed by both parties; the seller and the buyer, the exporter and the importer. The commercial contract can supplement the general conditions of sales.

3-4- The sales agent contract

The exporter could choose to control export distribution through a sales agent. If this is the case, the export company should establish a written agreement negotiated and signed by both parties, the exporter and the agent.