View
312
Download
2
Category
Tags:
Preview:
DESCRIPTION
Citation preview
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
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
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. WarrantyArt.9. PenaltyArt.10. InsuranceArt.11. Force majeureArt.12. ClaimArt.13. ArbitrationArt.14. Other terms and conditions
For the BUYER For the SELLERwww.StudsPlanet.com
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% broken
www.StudsPlanet.com
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
Identify Identify Units of Units of
Measures Measures and and
WeightsWeights
Method Method of of
identifying identifying quantityquantity
Types of Types of weight weight
www.StudsPlanet.com
CURRENCY OF PRICECURRENCY OF PRICE
METHOD OF IDENTIFYING METHOD OF IDENTIFYING PRICEPRICE
TERMS OF SALETERMS OF SALE
www.StudsPlanet.com
FIXED FIXED PRICEPRICE
DEFERRED DEFERRED PRICEPRICE
REVISABLE REVISABLE PRICEPRICE
METHOMETHOD OF D OF
IDENTIFYINIDENTIFYING G
PRICEPRICE
www.StudsPlanet.com
TIME OF DELIVERYTIME OF DELIVERY
PLACE OF DELIVERYPLACE OF DELIVERY
NOTIFICATION OF NOTIFICATION OF DELIVERYDELIVERY
www.StudsPlanet.com
www.StudsPlanet.com
1. Currency of payment and the amount of payment
Currency of importer’s country
Currency of exporter ’s country
Another country
2. Time of paymentPre payment/ Payment in advance
Sight payment( immediate payment)
Deferred Payment www.StudsPlanet.com
www.StudsPlanet.com
Warranty period
Warranty terms and conditionThe manufacturer's warranty to the quality of solar moduleThe 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
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
Insurance documents:
Party who buy the insurance
Insurance condition
Insurance documentwww.StudsPlanet.com
www.StudsPlanet.com
•Natural disasters:
fire, flood, storm, earthquake…
•Social disturbances: war, strike,…www.StudsPlanet.com
On the Basis of Terms and Conditions of the Contract
On the Basis of Consequence of Breach of Contract
www.StudsPlanet.com
EXCUSES OF NON-PERFORMANCE OF INTERNATIONAL CONTRACT
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
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
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
REFERENCES
• http://en.wikipedia.org/wiki/United_Nations_Convention_on_Contracts_for_the_International_Sale_of_Goods
• http://www.cisg.law.pace.edu/cisg/biblio/fucci.html
www.StudsPlanet.com
Recommended