Consulting on drafting international goods purchase and sale contracts

Article overview

Drafting international goods purchase and sale contracts is an important part of global trade transactions, helping parties clearly and accurately carry out their rights and obligations. To ensure contracts are valid and comply with legal regulations, traders need to pay attention to important legal issues during the drafting process. The article below will provide customers with the necessary information and important notes when drafting international goods purchase and sale contracts.

Regulations on drafting international goods purchase and sale contracts
Regulations on drafting international goods purchase and sale contracts

General provisions on international goods purchase and sale contracts

Contract subject

The subject of an international goods sale contract can be an individual or a legal entity. According to Article 385 of the Civil Code 2015, the parties to the contract must have full civil act capacity. In particular, in the case of a contract with international elements, the parties may come from two different countries and there needs to be clear terms on the rights and obligations of each party.

Contract object

The subject matter of an international sale of goods contract is that the goods can be transported across borders from the seller’s country to the buyer’s country. This can include physical goods, such as raw materials, processed products, or used goods. The parties need to clearly state the type of goods, quantity, quality, and other important characteristics in the contract.

Form of contract

International goods purchase and sale contracts can be established in writing or other forms with equivalent legal validity, such as fax, email, or telegram. However, in large and complex transactions, the parties should choose the written form to ensure transparency and easily resolve disputes if they arise.

Rights and obligations of the parties

The rights and obligations of the parties in an international goods sale contract must be clearly defined to avoid future disputes. The parties must agree on payment method, delivery time, delivery location, as well as penalty terms for breach of contract.

Conclusion of goods purchase and sale contract
Conclusion of goods purchase and sale contract

Notes when drafting international goods purchase and sale contracts

When drafting an international goods sale contract, the parties need to pay attention to the following important legal factors:

  • Ensure accurate information of the parties: Names, addresses, identification numbers or tax codes of the parties to the contract must be recorded accurately to avoid legal errors.
  • Subject of goods: Pay special attention to the description of goods, including type, quantity, quality, and other characteristics. These terms will affect the performance of the contract.
  • Price and payment method: Need to clearly agree on the price of goods, payment currency, and payment method (bank transfer, L/C, D/P, or D/A).
  • Goods delivery: Regulations on delivery methods, including time, location and means of transportation. The parties can use international practices in INCOTERMS such as FOB, CIF, DAP, or DAT.

Benefits when using the service of drafting international goods purchase and sale contracts

Using the service of drafting international goods purchase and sale contracts from a reputable unit like Long Phan brings many benefits to businesses, including:

  • Build professional contracts: Ensure contracts are drafted fully, legally, and in accordance with international regulations.
  • Minimize risks: Consulting helps predict and prevent risks, protecting the interests of businesses in case of disputes.
  • Support for negotiation and adjustment of terms: Lawyers support negotiation of contract terms, ensuring transparency and reasonableness.
  • Consulting on payment and delivery methods: Ensure payment and delivery methods comply with regulations.
Contract drafting consultant
Contract drafting consultant

Contract drafting consulting services at Long Phan

Long Phan provides consulting services and drafts professional international goods purchase and sale contracts. With a team of experienced consultants, Long Phan will help customers complete international goods purchase and sale contracts accurately.

Our services include:

  • Consulting on international regulations related to goods purchase and sale contracts.
  • Guidance on choosing the law applicable to contracts in international transactions.
  • Drafting international goods purchase and sale contracts including terms on price, payment method, delivery, warranty, and the rights and obligations of the parties.
  • Instructions on how to choose a payment method suitable for transaction characteristics.
  • Advise and provide options for resolving international contract disputes, including international arbitration, dispute resolution in national courts, or mediation.
  • Develop provisions to protect the rights of the parties in case of dispute.
  • Participate in negotiations with international partners to adjust contract terms to be reasonable and protect customers’ interests.
  • Consulting on types of cargo insurance suitable for international delivery conditions, protecting goods throughout the transportation process.
  • Consulting on international transportation service contracts such as transportation contracts, cargo insurance contracts, storage and distribution contracts.

Drafting international goods purchase and sale contracts requires extensive understanding of international law and transaction processes. To ensure your rights and avoid unnecessary disputes, you should consult consulting services from experts. Please contact Long Phan via the hotline 0906735386 for advice and support in drafting effective, safe and legal international goods purchase and sale contracts.