Export Sales Agreement Sample: Creating a Successful International Business Relationship
As the world becomes more interconnected, businesses are increasingly looking to expand their reach beyond their domestic borders. One way to do this is through export sales. But with exports come unique challenges that businesses must navigate, including language barriers, cultural differences, and legal requirements. One essential tool for overcoming these obstacles is an export sales agreement.
An export sales agreement is a legal document that outlines the terms of a transaction between a seller and a buyer for the export of goods or services. It is a critical component of any international business relationship, as it sets expectations, clarifies responsibilities, and mitigates potential misunderstandings and disputes.
If you are planning to enter into an export sales agreement, it is essential to create a comprehensive and effective agreement that protects your interests and promotes a successful partnership. Here, we will provide a sample export sales agreement that can serve as a starting point for your negotiations.
Export Sales Agreement Sample
[Name of Seller]
[Address of Seller]
[City, State Zip Code of Seller]
[Country of Seller]
[Telephone Number of Seller]
[Email Address of Seller]
-and-
[Name of Buyer]
[Address of Buyer]
[City, State Zip Code of Buyer]
[Country of Buyer]
[Telephone Number of Buyer]
[Email Address of Buyer]
Agreement Overview
This export sales agreement (“Agreement”) is made and entered into as of [date] (“Effective Date”) by and between [Name of Seller] (“Seller”) and [Name of Buyer] (“Buyer”). This Agreement shall govern the export sale of the goods and services (collectively referred to as “Products”) identified under attachment A, which is attached and incorporated herein by reference.
Terms of Sale
1. Delivery. The Seller shall deliver the Products to the Buyer FOB (“Free on Board”) at the port of [destination port]. The Buyer shall be responsible for all transportation, insurance, and other charges from the port of origin to the final destination.
2. Payment Terms. The Buyer shall pay the Seller [insert payment terms]. Payment shall be made in [insert currency], and any bank fees or other charges shall be the responsibility of the Buyer.
3. Time of Shipment. The Seller shall ship the Products within [insert time for shipment] days after receipt of payment. The Seller shall provide the Buyer with notice of shipment and the relevant documentation, including bills of lading, export declarations, and any other required documentation.
4. Inspection and Acceptance. The Buyer shall inspect the Products upon receipt and shall notify the Seller within [insert time for notification] days of any defects or nonconformities. Failure to provide timely notice shall be deemed acceptance of the Products.
5. Warranties. The Seller warrants that the Products shall conform to the specifications set forth in attachment A and that the Seller has the right to export the Products. The Seller makes no other warranties, express or implied, including any warranty of merchantability or fitness for a particular purpose.
6. Intellectual Property Rights. The Seller represents and warrants that the sale of the Products does not infringe on any intellectual property rights of any third party.
7. Force Majeure. Neither party shall be liable for any delay or failure to perform under this Agreement due to unforeseeable events beyond its control, such as acts of God, natural disasters, or government actions.
8. Governing Law and Arbitration. This Agreement shall be governed by and construed in accordance with the laws of [insert governing law]. Any disputes arising under this Agreement shall be resolved by binding arbitration in [insert location of arbitration].
9. Entire Agreement. This Agreement constitutes the entire agreement between the parties and supersedes all prior or contemporaneous negotiations, discussions, or agreements between them.
In Witness Whereof, the parties have executed this Agreement as of the date first written above.
[Name of Seller]
By: __________________________
Title: __________________________
[Name of Buyer]
By: __________________________
Title: __________________________
Conclusion
Creating an export sales agreement can seem overwhelming, but it is an essential tool for building a successful international business relationship. By using a comprehensive and effective agreement like the sample provided above, you can protect your interests, clarify responsibilities, and promote a mutually beneficial partnership. As with any legal document, it is essential to consult with legal professionals to ensure that your agreement meets all legal requirements and adequately protects your interests.