The Export Sales Contract is a vital legal instrument used in international trade transactions where goods are exported from the United States to foreign markets. This document is essential when U.S. companies engage in cross-border sales, requiring careful consideration of both domestic and international trade laws. The contract must comply with U.S. export control regulations, including EAR and ITAR where applicable, while also addressing commercial terms under the CISG framework. It typically includes detailed provisions on product specifications, quality standards, shipping terms (using Incoterms), payment conditions, and export compliance requirements. The document serves as the primary agreement governing the rights and obligations of both the U.S. exporter and foreign importer, providing clarity on risk allocation, delivery terms, and dispute reşěĐÓÖ±˛Ą mechanisms under U.S. jurisdiction.
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1. Parties: Identification of seller and buyer with full legal names, addresses, and registration details
2. Background: Context of the agreement and brief description of the parties' business relationship
3. Definitions: Definitions of key terms used throughout the contract, including technical terms and trade terminology
4. Sale and Purchase Obligation: Core agreement for seller to sell and buyer to purchase the goods
5. Product Specifications: Detailed description of the goods, including quality standards and technical requirements
6. Price and Payment Terms: Product pricing, currency, payment method, and payment schedule
7. Delivery Terms: Incoterms rule, delivery location, shipping method, and transfer of risk
8. Export/Import Requirements: Export licenses, permits, customs clearance responsibilities, and compliance obligations
9. Inspection and Acceptance: Procedures for product inspection, acceptance criteria, and rejection rights
10. Title and Risk: Transfer of title and risk in the goods
11. Warranties: Product warranties, quality guarantees, and compliance with specifications
12. Compliance with Laws: Export control compliance, trade sanctions, and other regulatory requirements
13. Term and Termination: Duration of agreement and grounds for termination
14. Force Majeure: Events excusing performance and procedures for handling such events
15. Governing Law and Jurisdiction: Applicable law and dispute reşěĐÓÖ±˛Ą mechanisms
16. General Provisions: Standard boilerplate clauses including notices, amendments, and assignment
1. Product Testing: Include when products require specific testing procedures or certification before shipment
2. Letter of Credit: Include when payment is to be made via letter of credit, specifying detailed L/C requirements
3. Insurance: Include when specific insurance requirements beyond standard coverage are needed
4. Intellectual Property: Include when dealing with branded products or technical specifications involving IP rights
5. Confidentiality: Include when parties will exchange sensitive information during the course of dealings
6. Exclusive Territory: Include when granting exclusive rights to sell in specific geographical areas
7. Minimum Purchase Requirements: Include when buyer must commit to minimum purchase quantities
8. Price Adjustment: Include when prices may be adjusted based on specific factors like raw material costs
9. After-Sales Service: Include when seller provides maintenance, repair, or support services
10. Training: Include when seller must provide training for product use or maintenance
1. Product Specifications Schedule: Detailed technical specifications, drawings, and performance requirements
2. Price List: Comprehensive list of products and prices, including any volume discounts
3. Shipping Requirements: Detailed shipping instructions, packaging requirements, and marking specifications
4. Quality Control Procedures: Testing methods, acceptance criteria, and quality control processes
5. Export License Requirements: Specific export control classification numbers and license requirements
6. Warranty Procedures: Detailed warranty claim procedures and service requirements
7. Incoterms Obligations: Detailed breakdown of parties' obligations under the chosen Incoterms rule
8. Required Documentation: List and samples of required shipping, customs, and certification documents
9. Compliance Checklist: Export control compliance requirements and procedures
10. Contact Details: List of key contacts for various aspects of the contract implementation
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