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1、EXPORT CONTRACT Definition: An export contract is a written agreement, which creates legal obligations enforced by law, as a result of the process of offer and acceptance by both seller and buyer. Feature: Contracts can be long or short, formal or informal,simple or complicated,EXPORT CONTRACTand ve
2、rbal or written.Basic parts: The parts and contents of a formal written contract varies with different forms and names. But the basic parts of a contract are generally alike. (contract, agreement, confirmation, memorandum, order, etc.)-Preamble: prelude of the contract.a. date of signingb. signing p
3、artiesc. each partys authorityEXPORT CONTRACTd. place of signinge. recitals or whereas clause-Body: The main part of a contract.a. definition clauseb. basic conditionsc. general terms and conditionsa) durationEXPORT CONTRACTb) terminationc) force majoredd) assignmente) arbitrationf) governing lawg)
4、jurisdictionEXPORT CONTRACTh) noticei) entire agreement clausej) amendmentk) others-Witness Clause:a. concluding sentenceb. signatureEXPORT CONTRACTc. seal General Terms and Conditions: Any general terms and conditions applicable to all business deals are usually pre- printed at the back of the cont
5、ract. Pre-requisitions:-The signing parties must be “natural EXPORT CONTRACTperson”or “legal person” who have the qualification and ability for their legal behavior.-The contract must be signed by both parties based on their willingness.-The contract must be mutually beneficial and mutually engaged
6、and binding upon each other.EXPORT CONTRACT-All the contents and objects of the contract must be legal, and binding by the governing law.-The contract must be full and completed in order to avoid disputes later.-The wording of the contract must be clear, concise, accurate and easy to avoid misunders
7、tanding. EXPORT CONTRACT Language feature:-wordinga. formal and legal wordsb. synonyms in pairc. modal verbs for emphasis d. documentary words-phrasing EXPORT CONTRACTa. accurate, concise, precise and clearb. active voices c. present tensesd. direct expressionse. single verb instead of verbal phrase
8、sf. special phrases and expressionsEXPORT CONTRACT Other methods in the export contract:-subtitles-annex, schedule-definition clause-capital letter-brackets and abbreviation for repeated wordsEXPORT CONTRACT Here with suffixhereafter herebyherein hereinafterhereinbefore hereof hereto heretoforehereu
9、nder hereuponherewith EXPORT CONTRACT There with suffix:thereafter therebytherefrom thereinthereinafter thereinbeforethereon thereofthereto thereunderthereupon therewithEXPORT CONTRACT Where with suffix:whereaswherebywhereinwhereofwhereonCOST CONSIDERATIONS Price Currency Clause Interest Clause Cost
10、 Escalation Clause Payment TermsINSPECTION CLAUSE Random sampling Three stages of inspection-factory-delivery-CCIBWarranty Arbitration is a mechanism to resolve dispute, which offers opportunities for flexibility in procedure, utilizes expertise and experience of arbitrators that may not be found am
11、ong judges in national courts, and permits disputes to be resolved in privacy and in a relatively nonadversary atmosphere.ARBITRATIONARBITRATION CLAUSEFour Main areas:-arbitration locationa. in the country of the plaintiffb. in the country of the defendantc. in a third country agreed by both parties
12、ARBITRATION CLAUSE Four Main areas:-arbitration bodyThe usual practice is to observe the procedural regulations of the arbitration body of the country which is stipulated as the location for arbitration. ARBITRATION CLAUSE Four Main areas:-arbitration proceduresa. application for arbitrationb. selec
13、tion for arbitratorsc. hearing of the cased. authenticity of awardse. arbitration feesARBITRATION CLAUSE Four Main areas:-Authenticity of arbitration awardsThe arbitration awards issued by the arbitration tribunal and signed by the presiding arbitrator must by made in writing and taken as final and binding.
