The Export Contract (www.globalnegotiator.com) is used in international sales of certain products which are intended for resale, where the buyer is an importer, trader, distributor or wholesaler that will sell the products to another company or retailer.

1. EXPORT CONTRACT
1. Definition
2. Parties to the Contract
3. Main clauses and sample
3.1 Contract price
3.2 Payment conditions
3.3 Time of delivery
3.4 Retention of title
3.5 Non conformity of the goods
4. Law applicable
5. Model Contract
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2. The Export Contract is used in international sales of certain products (raw
materials, industrial supplies, manufactured goods) which are intended for
resale, where the buyer is an importer, trader, distributor or wholesaler that will
sell the products to another company or retailer. In the case of international
sales of products for the end client or complex products (machinery, capital
goods, etc.) with guarantees and after sales service, it is advisable to use the
International Sale Contract.
Exporters use this type of contract mainly for one-off sales rather than repetitive
sales to the same client for a certain period of time. For that kind of sales the
International Supply Contract should be used.
1. DEFINITION
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3. Usually both the Seller and the Buyer are companies. For
each party, the following has to be included:
• Name of company, full address and nationality.
• Company type: public limited company, limited liability
company, etc.
• Name and position of company representative who signs
the agreement.
• Tax ID number of both parties.
2. PARTIES TO THE CONTRACT
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4. Some of the most important clauses in the Export
Contract are as follows:
• Contract price
• Payment conditions
• Time of delivery
• Retention of title
• Non conformity of the goods
3. MAIN CLAUSES AND SAMPLE
See sample of Export Contract
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5. “The price indicated under this clause (Contract price) includes any
costs which are borne by the Seller according to this Contract. However,
should the Seller have borne any costs any costs which, according to this
Contract are payable by the Buyer (e. g. for international transportation or
transportation insurance under EXW o FCA delivery terms), such sums
shall not be considered as having been included in the price under this
clause and shall be reimbursed by the Buyer to the Seller.”
“Unless otherwise agreed in writing, the price does not include VAT or
other taxes, and is not subject to price adjustment.”
3.1 CONTRACT PRICE
See sample of Export Contract

6. 3.2 PAYMENT CONDITIONS
“The payment shall be paid on the following terms:
Alternative A. Cash, check or bank transfer within ......... [30,
60, 90] calendar days from de date of invoice.
Alternative B. Documentary collection (drafts) to the account
and bank branch designated by de Seller.
Alternative C. Irrevocable Letter of Credit (L/C).”
See sample of Export Contract

7. 3.3 TIME OF DELIVERY
[Choose one of the following alternatives]
Alternative A. Delivery of goods will take place by ............................ [insert specific date].
Alternative B. Delivery of goods will take place during ................................. [insert a specific
period of time; for example: second week of September 2013 or October 2013].
Alternative C. Delivery of goods will take place within ......... [30, 60, 90] calendar days of the
signing of the present Contract.
Alternative D. Deliver of goods will take place within ......... [30, 60, 90] calendar days
counting from the date on which the Seller receives first payment.
Alternative E. Deliver of goods will take place within ......... [30, 60, 90] calendar days
counting from the date on which the Seller receives the notification of the opening of a
Letter of Credit (L/C) by the Buyer.
See sample of Export Contract

8. 3.4 RETENTION OF TITLE
“It is understood that the Products hereunder remain the property of the
Seller, until the Buyer has completed payment completely. Until such point
the Products shall be deemed to be a deposit in possession of the Buyer, and
the Buyer shall meet all obligations incurred by receiving such deposit, while
being entitled to administer the Products with due diligence.”
See sample of Export Contract

9. “The Buyer shall examine the goods as soon as possible after their
arrival at destination and shall notify the Seller in writing of any
lack of conformity of the goods within 15 days from the date
when the Buyer discovers or ought to have discovered the lack of
conformity. Under no circumstances shall the Buyer be entitled
to receive compensation for lack of conformity if he fails to notify
the Seller thereof within 12 months from the date of arrival of the
goods at the agreed destination.”
3.5 NON CONFORMITY OF THE GOODS
See sample of Export Contract

10. The following standards of International Law are applied to the
International Sale Contract:
• United Nations Convention on Contracts for the International
Sale of Goods (Vienna Convention).
• UNIDROIT Principles of International Commercial Contracts.
• Uniform Law for the International Sale of Goods.
4. LAW APPLICABLE
See sample of Export Contract

11. In order to obtain the model contract in Word format and
the user guide, click on:
Export Contract
5. MODEL CONTRACT
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