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.
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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
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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
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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
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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
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.
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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
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18. On the Basis of Terms and
Conditions of the Contract
On the Basis of
Consequence of Breach of
Contract
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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
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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.
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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.
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