Your SlideShare is downloading. ×
0
International sale contract 1
International sale contract 1
International sale contract 1
International sale contract 1
International sale contract 1
International sale contract 1
International sale contract 1
International sale contract 1
International sale contract 1
International sale contract 1
International sale contract 1
International sale contract 1
International sale contract 1
International sale contract 1
International sale contract 1
International sale contract 1
International sale contract 1
International sale contract 1
International sale contract 1
International sale contract 1
International sale contract 1
International sale contract 1
Upcoming SlideShare
Loading in...5
×

Thanks for flagging this SlideShare!

Oops! An error has occurred.

×
Saving this for later? Get the SlideShare app to save on your phone or tablet. Read anywhere, anytime – even offline.
Text the download link to your phone
Standard text messaging rates apply

International sale contract 1

388

Published on

Published in: Education, Business
0 Comments
1 Like
Statistics
Notes
  • Be the first to comment

No Downloads
Views
Total Views
388
On Slideshare
0
From Embeds
0
Number of Embeds
1
Actions
Shares
0
Downloads
14
Comments
0
Likes
1
Embeds 0
No embeds

Report content
Flagged as inappropriate Flag as inappropriate
Flag as inappropriate

Select your reason for flagging this presentation as inappropriate.

Cancel
No notes for slide

Transcript

  • 1. INTERNATIONAL SALE CONTRACT The buyer and seller in different countries. Characteristics:  The subject of the contract have business establishments registered in two different countries.  Foreign currency used in payment could be either or both sides.  The goods - the subject of the sale contract delivered out of the seller's country during contract performance. www.StudsPlanet.com
  • 2. CLASSIFICATION In terms of performance period  Short-term contracts  Long-term contracts In terms of business relations content in sale contracts  Export contract  Import contracts  Temporary import for re-export contracts  Temporary export for re-import contracts  Transshipment contracts www.StudsPlanet.com
  • 3. THE MAIN ARTICLES AND SIGNATURE OF CONTRACTING PARTIES • Art.1. Commodity • Art.2. Quality • Art.3. Quantity • Art.4. Price • Art.5. Shipment • Art.6. Payment • Art.7. Packing and marking Art.8. Warranty Art.9. Penalty Art.10. Insurance Art.11. Force majeure Art.12. Claim Art.13. Arbitration Art.14. Other terms and conditions For the BUYER For the SELLER www.StudsPlanet.com
  • 4. The goods should be SIMPLE and EXACTLY described. We should write the name of the commodity with: •The commercial and technical name. Ex: Printing machines laser Epson EPL 6100 •The origin country. •The manufacturer name. Ex: Fax machine Panasonic KXFP-152 •The feature of the product. Ex: Long grain White Rice 5% brokenwww.StudsPlanet.com
  • 5. Methods to describe the quality of the commodity : the sample the standards the trade mark the technical documents the amount of a substance the natural weight the inspected and approved the present value of the product the description the familiar norms www.StudsPlanet.com
  • 6. IdentifyIdentify Units ofUnits of MeasuresMeasures andand WeightsWeights MethodMethod ofof identifyinidentifyin g quantityg quantity Types ofTypes of weightweight www.StudsPlanet.com
  • 7. CURRENCY OF PRICECURRENCY OF PRICE METHOD OF IDENTIFYINGMETHOD OF IDENTIFYING PRICEPRICE TERMS OF SALETERMS OF SALE www.StudsPlanet.com
  • 8. FIXED PRICEFIXED PRICE DEFERRED PRICEDEFERRED PRICE REVISABLE PRICEREVISABLE PRICE METHODMETHOD OFOF IDENTIFYINGIDENTIFYING PRICEPRICE www.StudsPlanet.com
  • 9. TIME OF DELIVERYTIME OF DELIVERY PLACE OF DELIVERYPLACE OF DELIVERY NOTIFICATION OFNOTIFICATION OF DELIVERYDELIVERY www.StudsPlanet.com
  • 10. www.StudsPlanet.com
  • 11. 1. Currency of payment and the amount of payment Currency of importer’s country Currency of exporter ’s country Another country 2. Time of payment Pre payment/ Payment in advance Sight payment( immediate payment) Deferred Payment www.StudsPlanet.com
  • 12. www.StudsPlanet.com
  • 13. Warranty period Warranty terms and condition The manufacturer's warranty to the quality of solar module The manufacturer warrants the solar modules to be free from defects in materials and workmanship under normal application, installation, usage service conditions. If the solar modules fail to conform to this warranty, then for a period ending 60 months from date of sale to the original end-customer, the manufacturer at its option, either repair or replacement or refund, or refund the purchase rice as paid by the Customer. The manufacturer guarantees output power of PV module is more than 25% of the minimum Peak Power within 10 years and more than 50% in 25 years, if can't reach the warranty data, the manufacturer will replace such loss in power either by replacing the defective PV modules or by refunding the Purchase Price. www.StudsPlanet.com
  • 14. Late-delivery or non-delivery by any reasons except for force majeure. Late-payment due to reasons of the Buyer. Delay of opening LC Cancellation of the contract www.StudsPlanet.com
  • 15. Insurance documents: Party who buy the insurance Insurance condition Insurance documentwww.StudsPlanet.com
  • 16. www.StudsPlanet.com
  • 17. •Natural disasters: fire, flood, storm, earthquake… •Social disturbances: war, strike,… www.StudsPlanet.com
  • 18. On the Basis of Terms and Conditions of the Contract On the Basis of Consequence of Breach of Contract www.StudsPlanet.com
  • 19. EXCUSES OF NON-PERFORMANCE OF INTERNATIONAL CONTRACT • Impossibility: supervening illegality • Frustration of purpose (rare) • Commercial impracticability: extreme hardship, difficulty or unreasonable expense or unforeseen events • CISG: impediments beyond control exemption • Force majeure (superior force) • War and natural calamities like fire,earthquake ,etc www.StudsPlanet.com
  • 20. ASSANTE TECHNOLOGIES V. PMC- SIERRA • Facts: Assante placed order for parts through distributor in California to PMC in Canada. Assante’s order stated that laws of buyer’s address should control. PMC’s confirmation stated that the laws of Canada would apply. Assante filed suit in California state court. Case transferred to Federal court. Assante argued the case belonged in state court in California. www.StudsPlanet.com
  • 21. ASSANTE TECHNOLOGIES V. PMC- SIERRA • Issue: Does the Federal Court have concurrent jurisdiction over this matter? • Holding: Yes. The case involves parties from two different countries and thus the CISG applies. The parties’ order and confirmation language was not sufficient to opt out of the CISG. www.StudsPlanet.com
  • 22. REFERENCES • http://en.wikipedia.org/wiki/United_Nations_Convention • http://www.cisg.law.pace.edu/cisg/biblio/fucci.html www.StudsPlanet.com

×