C-3-4- The general conditions of international sales


3-4-1- Small reminder

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.

It would be a good idea to seek legal advice to guide you through this process.

There is comfort in the ability to include desired clauses in your contract, but, of course, they must be valid. 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.

3-4-2- Products and service contract

The exporter may choose not to have wholesalers or agents in the country where it wishes to export its products. In that case, it shall request that the client sign a trade agreement.

The company can elect to work without an intermediary, even if it has an agent or a wholesaler, for certain transactions like, for example, large scale contracts. If this is the case, the company should draft a sales agreement with its client.

3-4-3- Products and services contract: definition

Contrary to the general conditions of export sales, the product or service contract is a written agreement, signed and negotiated between the two parties, an exporter and an importer.

The exporter should avoid attaching an estimate to each specific product or service contract. It is preferable to propose a previously established standard sales agreement.

The advantage of that kind of agreement is that it is clearly specified. The next step will be to add to a business proposal, additional and/or specific clauses, unique to each contract, client or country.

3-4-4- Product or service contract: Specifics

The product or service trade contract is legally valid when the exporter country or the importer country has consented to the Vienna convention.