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What Should Be Content Of An International Sales Contract

Posted: Thu Sep 11, 2008 6:40 am
by raseen
I would appreciate all views about how to have a good international sale contract , or in another words when can I say now I have a good international sale contract .

BEST REGARDS

Re: how to have a good international sale contract

Posted: Thu Sep 11, 2008 1:55 pm
by cristiand969
Dear Raseen,
Nobody can anwer to this questiom. It is the will and the judgement of the involved parties to have a good agreement. There are thousands of models specific to the goods or services they relate to with lot of differences amonf them.

Re: how to have a good international sale contract

Posted: Thu Sep 11, 2008 9:56 pm
by jmitra
dear raseen,

cristiand is right. there is no rule. a contact inevitably involves human being and each human being is different. i am sure that you are not talking about the most profitable contract. for that you need to look and select he best. but profit comes at a risk and you must be cautious on this issue. know your customer very well.

admin, could you please post some fraud cases which will give readers an idea about the potential risks in international trade.

Re: how to have a good international sale contract

Posted: Fri Sep 12, 2008 5:30 am
by raseen
Dear All ,

First of all I would like to thank you for your comments , and 100% I agree that contracts can't be evaluated with specific measurement as long as it's made by different beople .
Therefore I find my self have to furnish a clauses from contract I had , and I would like to hear your opinions – especially from a buyer perspective - about :

Contract :

Shipment : within 30 days subject to receipt of clean workable L/C .
L/C allowed :
1- third party documents acceptable .
2- open to negotiation at the counters of any bank( in country other than buyer and seller's countries ) .
3-documents negotiated beyond 21 days for B/L date but within validity of L/C .
Arbitration : disputes if any arising out of this contract to be settled amicably between the seller and the buyer failing which arbitration as per GAFTA 125 IN LONDON & ENGLISH LAW TO APPLY .
Force Majeure : as per GAFTA contract No.22 .
Shipping Terms : contract to be deemed as '' FREE OUT '' ??? & Destination THC , VDS , TCEP ?? & other usual charges to be buyer's account .
Remarks : the documents and/or the goods remain property of the seller until full and unrestricted payment has been received by the seller . HOW CAN SELLER DO THAT ??
Versions : this contract made out in both French & English of which versions is equally effective . conflicts between these two languages arising therefrom , if any , shall be subject to French language ( which is the seller language ) .

Regards

Re: how to have a good international sale contract

Posted: Fri Sep 12, 2008 7:03 pm
by shahriar
dear raseen,

please specify your position in the contract. whether you are a buyer or seller? you havent wrote the value of of the goods. will it be converted to LC or just a purchase order?

regd

shahriar

Re: how to have a good international sale contract

Posted: Fri Sep 12, 2008 7:26 pm
by raseen
Dear Shahriar ,

I would like to hear your opinion considring that I'm the buyer , contract value 250000$ and yes it well be converted to L/C .

Best Regards

Re: how to have a good international sale contract

Posted: Fri Sep 12, 2008 10:36 pm
by iLC
dear raseen,

i am not sure whats your merchandise, anyway

L/C allowed :
1- third party documents acceptable. not required since already allowed in UCP
2- open to negotiation at the counters of any bank( in country other than buyer and seller's countries ) .why any country?
3-documents negotiated beyond 21 days for B/L date but within validity of L/C .depends
Arbitration : disputes if any arising out of this contract to be settled amicably between the seller and the buyer failing which arbitration as per GAFTA 125 IN LONDON & ENGLISH LAW TO APPLY .
Force Majeure : as per GAFTA contract No.22 .
Shipping Terms : contract to be deemed as '' FREE OUT '' ??? & Destination THC , VDS , TCEP ?? & other usual charges to be buyer's account .cant find any use of it
Remarks : the documents and/or the goods remain property of the seller until full and unrestricted payment has been received by the seller . HOW CAN SELLER DO THAT ??i dont know
Versions : this contract made out in both French & English of which versions is equally effective . conflicts between these two languages arising therefrom , if any , shall be subject to French language ( which is the seller language ) . LC language will be in driving seat

actually when the LC will be issued, this contract will carry little value.

iLC

Re: how to have a good international sale contract

Posted: Sat Sep 13, 2008 8:34 pm
by shahriar
dear raseen,

i am not sure what to say. its a issues that depends on the million of issued. though iLC has presented some comments on some points, i think most of them are default conditions of a proforma invoice. it will largely depends on how the letter of credit is issued. in my limited experiences, i have seen often buyer gets over confident on the seller and gets a not so good deal in return. adding a good PSI would be a good idea. by the way, it seems that the seller you know is not the ultimate seller.

regd

shahriar