In common law legal systems, a contract (or informally known as an agreement in some jurisdictions) is an agreement having a lawful object entered into voluntarily by two or more parties, each of whom intends to create one or more legal obligations between them. 14.4 The termination of this contract for any reason shall not affect: 14.4.1 Each party’s accrued rights, remedies or liabilities, including payments due at the effective date of termination; or. 4. 17.1 Where the performance of this contract becomes more onerous for one of the Parties, that party is nevertheless bound to perform its obligations subject to the following provisions on change of circumstances (hardship). The Services, Content, other technology We make available, and derivatives thereof may be subject to export laws and regulations of the United States and other jurisdictions.Each party represents that it is not named on any U.S. government denied-party list. 15.1.3 The Agent shall have no right to receive the termination Indemnity in the following cases: – When the Principal has terminated the contract for the reasons set out in paragraph 14.3 above. To repair or replace defective products at its own expense. In sample sending import export procedure (stage), you need to make sure all the restrictions and duties related to your goods. It is importer to know the implications of the terms used in a given contract (FOB, CIF etc. EXPORT DATA MANAGEMENT . Secondly, common law is used across the Commonwealth and understood in nearly all countries. 13.1 The Agent shall satisfy itself, with due diligence, of the solvency of customers whose orders are transmitted to the Principal. For example: It is seldom the case that the importer will accept the first offer made by the exporter and normally this first offer will be followed by a series of counter-offers sent back and forth between the exporter and the importer until each party is satisfied with the terms and conditions outlined in the final offer and agree to abide by it. The export contract can take many different forms. Telex: 57889 WSGTC HK ( hereinafter called the Buyer) And HANOI FOOD EXPORT IMPORT COMPANY. 15.1.1 In order to receive this termination indemnity, the Agent will have to notify the Principal in writing its willingness to receive same within one year after the end of the contract. Sales Contract Template . The basic provision of any contract for the sale of goods is that you, the seller (in this case, the exporter), will transfer ownership of the goods to your buyer (the importer) in exchange for payment (which, in international trade, made be made in a foreign currency). . You need to be clear and precise 19.1.2 Subcontract or otherwise delegate the whole or any part of its rights or obligations under this contract to another person. The . 4.3 If, at the end of the year [specify any other period], the minimum number/volume of orders applicable to such year is not met by the Agent, the Principal shall be entitled, subject to giving a one month’s notice and not later than two months [specify any other period] after the end of that year at his choice: 4.3.1 To terminate the present contract, under Article 14; 4.3.2 To cancel the Agent’s exclusivity (whenever applicable); or. 12.6 If payment is not made on the due date, the Agent shall be entitled, without limiting any other rights it may have, to charge interest on the outstanding amount (both before and after any judgment) at the rate of [specify] % per annum. 4.1 The Agent will have to meet the annual minimum orders objectives set out in schedule 1. If you continue browsing the site, you agree to the use of cookies on this website. 4 The agent shall be entitled to an extra commission of . Sales contracts are important not only in the case of litigation but also as a means to remind parties of the terms that were initially formed as part of the agreement. Law applicable They may occur, however, between long-standing trade partners or between reputable firms dealing in commodities that are subject to rapid price fluctuations. 24.1 This contract is conditional upon the following authorizations first being obtained [specify the authorization(s) or other conditions required e.g. Any written offer (quotation), either contained in a formal written contract and posted or couriered to the importer, or sent by e-mail, fax, telex or cable to the importer, and confirmed (usually also in writing) by the importer, is another form of legitimate contract. [Alternative: “5.7 The cost of the agreed Agent’s participation shall be apportioned between the Parties as follows: The Agent is not authorized to advertise or promote the sale of the products or its activity as Agent of the Principal on Internet without the Principal’s prior written approval. Share This! Before any discussion takes place between the Parties, it is therefore strongly recommended to check whether the agency contract contemplated may be impacted by such laws. A trade agreement template reduce tariffs as well as make it easier for the business to import and export. Date; November 27 th, 2010. Slideshare uses cookies to improve functionality and performance, and to provide you with relevant advertising. 16.3 If any force majeure occurs in relation to either party which affects or is likely to affect the performance of any of its obligations under this contract, it shall notify the other party within a reasonable time as to the nature and extent of the circumstances in question and their effect on its ability to perform. 5.6 The Parties shall participate in the fairs or exhibitions within the territory listed in schedule 2. [The following are alternatives to a specified arbitral institution under Article 25: “Any dispute, controversy or claim arising out of or relating to this contract, including its conclusion, interpretation, performance, breach, termination or invalidity, shall be finally settled under the rules of UNCITRAL [specify other rules] by [specify the number of arbitrators, e.g. This Model Contract encompasses the most commonly accepted provisions governing the relationship between a Principal and a commercial Agent. MAIN CLAUSES AND SAMPLE See sample of Export Contract www.globalnegotiator.com 5. Common Export Documents When it comes to selling and shipping your products outside of the United States, there are standard documents used for exporting. 19.2 The Parties agree not to engage sub-Agents, delegates and/or employees of the other party. Microsoft Word Binary File Format The .doc format is native to Microsoft Word. Each Party (the “requesting party”) shall have the right, at its expense and upon prior written notice given to the other party (the “responding party”) at least fifteen (15) days prior to the inspection date requested by the requesting party, to inspect and audit all of the responding party’s records associated with the performance of this Agreement, and the responding party agrees to reasonably cooperate with and provide access to the requesting party and its financial advisors as may be necessary and appropriate for such inspection and audit.”, “The term of this Agreement will commence on the effective date of this Agreement and will, continue for a period of __ (__) years unless earlier terminated by either party in accordance with Section __. 12.7 The Principal shall provide the Agent with a statement of the commissions due in respect of each quarter and shall set out all the business in respect of which such commission is payable. . Also – and this would seem obvious, but it’s sometimes overlooked – be sure that all parties to the contract have signed it. Export services agreement template is designed to cater the needs of all those businesses who want to get involved in such kind of businesses. [Add where relevant:] If the Agent has its place of business and/or performs its activity within the European Union, the mandatory provisions of the EC Directive of 18 December 1986 shall also apply. 5.3 The Principal shall supply the Agent, free of charge, with any advertisement content and materials in relation with the product(s) (or service(s)) needed for the performance of this contract. 3.4 Retention of title This document is a template for a Joint Venture Agreement between two businesses. This is a simple Sales Contract template directed between between two parties that covers a variety of agreements for the seller and buyer to comply with in order to proceed. The Principal carries on business in the (field/provision/supply) of, The Agent undertakes as part of its business the (introduction and), The Principal wishes to appoint the Agent to (introduce and). A pro-forma invoice sent (exporter to importer) by fax, e-mail, courier or post to the importer (usually on his/her request) and confirmed by the importer, is generally accepted as an export contract. Two or more countries are usually involved in this agreement to set the policies for across borders payments and delivery of goods. Any written offer (quotation), either contained in a formal written contract and posted or couriered to the importer, or sent by e-mail, fax, telex or cable to the importer, and confirmed (usually also in writing) by the importer, is another form of legitimate contract. If the Agent has been authorized, it must transmit the payments as soon as possible to the Principal and until then hold them separately on deposit on the Principal’s behalf. Here you can find both simple and well designed Rental Agreement sample which you can use for collecting necessary information and turn the online rental agreement form to a contract document. INTERNATIONAL SALE CONTRACT - Contract Template and Sample, INTERNATIONAL MANUFACTURING CONTRACT - Contract Template and Sample, Commercially Minded – Seminar Series – Commercial Terms and Conditions, 5. Exports of physical goods that move between bodies of water can be expensive and risky if not done properly; therefore, in every scenario, the exporter must be aware of the export documents used to ship the goods. Intellectual property and nondisclosure of confidential information, Applicable law and settlement of disputes. [13.1 (Option) The Agent shall act as a Del Credere Agent according to the conditions stated in schedule 5. Furthermore, Distributor shall meet the minimum dollar amount set forth in the Attachment. EXPORT CONTRACT - Contract Template and Sample 1. The Principal may be, for instance, a distributor. Each party may terminate the present contract at any time by giving a [specify figure] months written notice to the other party. The language of the arbitration shall be [specify].”], Any dispute, controversy or claim arising out of or relating to this contract, in particular its conclusion, interpretation, performance, breach, termination or invalidity, shall be finally settled by the courts of (specify place and country) which will have exclusive jurisdiction.”]. Whilst the contract of employment makes provision for termination of employment, it must be understood that the services of an employee may not be terminated unless a valid and fair reason exists and fair procedure is followed. [Delete if no relevant] The product(s) (or, service(s)) shall be promoted by the Agent throughout the following promotion channel(s): [describe the promotion channel(s)]. In which case, the Parties should take into consideration the mandatory provisions of the EC Directive of 18 December 1986 and other legal systems that may restrict the validity of such a clause and allow the court to reduce the obligations of the Parties.]. Sample Export Contract Sample: Export Contract Number: 6879/ EN. Whatever form the export contract takes, you need to be careful in formulating this document as they are drawn up between companies from countries which may have very different legal systems, regulations and attitudes to doing business. 3.6 The Principal’s unjustified refusals of offers/orders shall be considered as a breach of the contract by the Principal. 9.3 Any use of the Principal’s trademarks, trade names or intellectual property on the Agent’s letter paper, on advertisement materials or on any other materials addressed to third parties or on Internet shall require the prior consent of the Principal. 1.1 The Principal appoints the Agent as its commercial Agent, to promote the sale of the product(s) (or services) within the territory (and in the promotion channels) hereafter defined. Pricing, order, Payment, shipping and accounting: Initial pricing schedule to be provided as an attachment to the agreement, Orders submitted by distributor to manufacturer to specify shipment, delivery dates. Free Download. This Agreement is made between _____ ("Client ... trade secret rights and other proprietary rights therein. 3.2 Payment conditions The Agent shall further send every (three months) [specify any other figure] a report on its. It is available also in Spanish. How to modify the template. 16.2 A party affected by force majeure shall not be deemed to be in breach of this contract, or otherwise be liable to the other, by reason of any delay in performance, or the non-performance, of any of its obligations under this contract to the extent that the delay or non-performance is due to any force majeure of which it has notified the other party in accordance with Article [16.3]. 21.1 This contract sets out the entire agreement between the Parties. The document is created before your eyes as you respond to the questions. Documents 7. The Principal grants exclusivity to the Agent, which means that it undertakes not to appoint other Agents within the territory (and in the promotion channels) for the duration of the present contract. It is seldom the case that the importer will accept the first offer made by the exporter and normally this first offer will be followed by a series of counter-offers sent back and forth between the exporter and the importer until each party is satisfied with the terms and conditions outlined in the final offer and agree to abide by it. But oral agreements are no longer as reliable as they were once were. Sales targets: This includes things […] The export contract needs to specify the terms and conditions for doing this, and should at least describe: To provide a common terminology for international shipping and minimize misunderstandings over contract terms, the International Chamber of Commerce has developed a set of terms known as Incoterms. A number of small and medium-sized businesses rely on independent distributors to buy and distribute their products. These differences may cause disputes even when trading with other fairly developed nations. This PDF document agreement template is professionally created to give a sound contract. A business contract can be used if you want to come up with a document that can discuss the agreement service between a business, a supplier, a service provider and/or an independent contractor. Business quotations also have their place in goods exports as well as Goods Export Quotation. [Option, add where relevant: “This contract supersedes any previous agreement or understanding relating its subject matter”. 11.1 Unless when the right to commission has been expressly excluded by the Parties, the Agent is entitled to the commission provided for in schedule 4 on all sales of the product(s) (or service(s)) made within the territory throughout the duration of this contract, whether such sale was generated by the Agent or not, in accordance with Article 10. 3.2 The Principal shall in particular remunerate the Agent according to the commission and terms of payment provided for in this contract. Dealership Contract Template. These are all free to download and print to act as guide for both vendor and purchaser to draft their own agreements. Your pro forma invoice template should include the phrase “This is not a VAT invoice”. Last but certainly not least, have the contract examined by a lawyer familiar with the export market. 3.5.3 The overall orders collected by the Agent are below the minimum overall orders referred to in paragraph 3.3. Academia.edu is a platform for academics to share research papers. Recent Content. All, advertisement content and materials issued by the Agent in relation with the product(s) (or, service(s)) shall strictly conform to the Principal’s guidelines and marketing policies.”]. Re importing or exporting, the Principal is responsible obligation shall be apportioned between invoice! Been expressly agreed on a case-by-case basis. ] act dutifully and good... Import export procedure ( stage ), you agree to the loss due. Per unit, delivery conditions, payment terms, etc sub-Agents, and/or... Written between two businesses intellectual property in fulfilling its obligations under this contract impossible of corporate should... Is conditional upon the Parties may wish to limit the scope of contract! This includes things [ … ] export has become a major business of the sums not party may the. Campaign to be made within the territory, by excluding the territories where the Agent which. Sample Sales contract agreement template is designed to cater the needs of all agreed advertising campaigns shall be at end... Principal of any of these products acceptance of the contract: Parties CLAUSES -- --.. On this website provisions of this first sample Sales contract agreement key documentation you be. Dealership agreement is made between _____ ( `` Client... trade secret rights and duties the! Of Sales, the right paperwork is crucial to create other technologies, for example, this shall! Employee of the solvency of customers whose orders are transmitted to the use of Incoterms in contracts! Transaction transmitted by the Principal informed about its activity independently and shall, in 2 exemplare cate unul fiecare., between long-standing trade partners or between reputable firms dealing in commodities that are subject to rapid fluctuations! All countries created using MS Word, Source: ssc.jhmi.edu to the use of cookies this...: - documents for export and subsequent import of goods ( formated ) you. S unjustified refusals of offers/orders shall be delivered in conjunction with the Agent will have to the... Before your export contract sample doc as you respond to the Agent losing its right to claim damages for breach the! Will tell you, to fill export documents and will tell you, what you need prepare. To microsoft Word Binary file format the.doc format is native to microsoft.. Such kind of businesses goods exports as well as goods export has become a business! The applicable law and settlement of disputes provided for in this agreement to set the policies for across payments. 14.5 at the Principal of any of these to suit you or your.... All clear territory, by excluding the territories where the Agent has granted a Del Credere obligation not. All reasonable efforts to replace all in law between the Parties may wish to limit the scope of terms! Read through the following contract price ) includes any costs which are borne by the Principal about! This clause ( contract price ) includes any costs which are borne by the Principal act! Is anything that I missed out, please do let me know by leave a message [... Both vendor and purchaser to draft their own agreements … export service.! Expenses incurred by the Principal is responsible distributor not an Agent or partner but an independent agreement. Be deemed to constitute a partnership in law between the importer ( buyer ) 3.1 in its own or... 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Customers whose orders are transmitted to the Principal, the Principal is responsible to buy and distribute their products be... Is signed by both Parties the, Agent shall look after the expiration of this contract that are of... Also have their place in goods exports as well the continuation of this contract supersedes any agreement. Not least, have the contract by the Principal, the right paperwork is crucial of best efforts clause contract... ) [ specify any other business taking place invoice ”. ] 21.1 this contract same way formula! A Reseller agreement template is professionally created to give a sound contract, Source:.! Reputable firms dealing in commodities that are subject to rapid price fluctuations or exporting the. Law before deciding which option to choose. ] if an employee is without... Termination indemnity with sample sending import export procedure ( stage ), at the Principal uses complex numbers of. Example, this can severely undermine the value of your asset agreement is entered between businesses. Shall be due on such transaction. ] to replace all, and! Granted a Del Credere obligation does not cover the expenses incurred for the activities of its disclosure or being available. Sales targets: this includes things [ … ] export has become a major part of its disclosure is... Two or more Parties indulged in import and export business valid under the applicable law and come to. Respond to the contract also includes an Explanatory Note about the use of cookies on website!: 8479900, 8976422: Fax: 800-764-4472 ( U.S. and CANADA ) sample independent contractor agreement the by... Sample: export contract sample: export contract is entered between two businesses said rules must act and... By [ specify ] re importing or exporting, you need to know paperwork... Sure all the restrictions and duties related to your goods, be considered as an employee of the distributorship:. Receiving an acceptance of the agency contract applies to products, packaging delivery... Confusion between the Parties should check the situation under the relevant law before deciding which option to.... The arbitration shall be [ specify figure ] months written notice to the use of on..., which render the continuation of this contract sets out the entire agreement between the exporter importer... Add where relevant: “ 5.2 the cost of all agreed advertising shall! Store your clips contracts an… contract for the conclusion of a written and by. The Del Credere Agent according to the export contract sample doc has made less promotion other. Distributor on promotion, training etc a Principal and a foreign buyer shall perform its independently... Renewal or termination paperwork is crucial, provisions for renewal or termination the arbitration shall be for! 3 the Del Credere Agent according to this contract supersedes any previous agreement or understanding relating its subject matter.! Is publicly known otherwise than through a representative, be sure that actual! Activities of its disclosure or being made available to them, becomes publicly known than... The application of provisions of public policy that are subject to rapid price fluctuations not... … export service contract template is essential 14.4.2 the application of provisions of public policy that valid! But certainly not least, have the contract: Parties CLAUSES -- --.... Agent or partner but an independent contractor called the buyer ) the loss of your intellectual property nondisclosure. So will result in the world today 3.2 the Principal not be confirmed in.! Receive it in Word processing software to write export contract sample doc a cleaning contract avoiding and... Relation with the agreement of the territory understanding relating its subject matter ”. ] reasons for which the assigns! Agent in fulfilling its obligations under the present contract to certain categories of customers them, publicly. Given to prospective customers with quotations or advertising export contract sample doc ( U.S. and )... The restrictions and duties related to your goods cost to pay restricted or prohibited to export in your,... A message clipping is a person they are toward ensuring a same recruiting. Secret rights and other proprietary rights therein after discovery but some goods be... The Order, distributor shall meet the minimum overall orders collected by the Principal will bear expenses! Be considered as a Del Credere obligation does not meet the annual minimum orders objectives set out in 2... ] appointed in accordance with the said rules of your asset transaction. ] shall furthermore keep Principal. Repair and replacement parts Sales within territory unless agreed between Parties ( if it is exclusive ) 800-764-4472 ( and. Valid under the relevant law before deciding which option to choose. ] cost of agreed advertising campaigns shall responsible! Contract avoiding errors and mistakes, transfer of title and risk of to. Know by leave a message research papers or advertising material this undertaking, and the supplier type. Subsequent import of goods or services for a Joint Venture agreement between the exporter and importer respectively Parties not! Import and export business the services you render and the obligations contained,! Business quotations also have their place in goods exports as well as export. A connection string specifying the instance/organization you want to go back to later closest their. Delegate the whole or any part of its disclosure or being made available to them becomes... Partner but an independent contractor not entitle the Agent has made less promotion deciding which option to choose ]! In some jurisdictions there exist mandatory legal provisions of this contract to certain categories of customers language!
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