International sales contracts must comply with laws and regulations to be effective and protected by law. Contracts that violate laws and regulations are not only invalid, but the parties may also be subject to legal sanctions.
Import contracts generally consist of two parts: basic terms and general terms.
Basic terms include: (1) product name and specifications; (2) quantity; (3) unit price; (4) amount; (5) total value; (6) place of production and manufacturer; (7) packaging; (8) header (transport mark); (9) mode of transportation; (10) shipping period; (11) shipping port; (12) port of destination; (13) insurance (insured, type of insurance, insured amount and insurance terms); (14) payment terms (payment instruments and methods); (15) shipping documents; (16) quality assurance and warranty period; (17) claims; (18) force majeure; (19) arbitration. Basic terms are the main content of the contract and are also called main terms. According to the laws of our country, a contract without major clauses is invalid.
General clauses include: the beginning and the end of the contract.
Determination of the clauses of the parties (the beginning of the contract)
In international sales contracts, the beginning of the contract generally includes the contract name, contract number, information of the buyer and seller (including company name and address, telephone, email, fax, etc.), signing time, signing place, contract preamble, and the willingness of both parties to enter into the contract and the guarantee of execution.
The importer needs to agree with the overseas supplier that on all documents under the same contract, the contract number, seller’s name and address, buyer’s name and address and other information should be consistent with the contract to ensure the consistency of the documents.
(I) Name of the party
The parties to the contract are usually corporate legal persons. The names of the parties agreed in the contract, whether in Chinese or in foreign languages, should be clear and specific, and the full names should be listed. Abbreviations or abbreviations should not be used, and they should not be omitted or written incorrectly, so as to avoid difficulties in performance, misunderstandings, and adverse consequences.
(II) Addresses of the parties
The parties to an international contract for the sale of goods are located in different countries and regions, and are generally far apart. In order to facilitate the communication between the two parties during the performance of the contract and to smoothly handle matters such as the delivery of goods and the settlement of payment, it is necessary to specify the detailed address of each party’s location, as well as telephone, fax and email addresses, designated contacts, etc. in the contract.
The above part is usually called the beginning of the contract. When stipulating this part, it must be treated very seriously and carefully. For example, the contract number, the names and addresses of the two parties, etc. must be true and accurate, and there must be no mistakes, otherwise it will cause unnecessary trouble. In addition, the place where the contract is concluded must also be noted, because if the contract does not stipulate which law is applicable, according to the laws of some countries, the law of the country where the contract is signed shall apply.