Let me give a general answer here first. Many questions from online information such as Fubu Forum and Baidu will also be a long reply message. I also copied the relevant information here, and it is also indicated below.
I'm not sure whether you are writing a paper, a topic or something. If you want to work in this industry, take this opportunity to learn more about it. These are relatively basic contents, and it is necessary to do them in this industry in the future.
For export contracts, it generally includes the following contents. For what has been suggested in the title, everything else should be discussed (for details of each part, please ask Baidu):
1. About the first part (including parties, contract number, contract name, etc.)
2. Text
(1) Subject matter (i.e. goods) clause
(2) price (unit price, total price, etc.). )
(3) Quantity (and packaging, etc. )
(4) Quality or specification
(5) Payment (letter of credit, remittance, etc.). There may be a retention of title clause)
(6) Transportation and delivery (generally in the form of trade terms)
(7) Liability for breach of contract;
(8) Liability and rights for warranty of defects (if there is an agreement on the applicable law, it may not be agreed);
(9) Provisions on application of law, arbitration and jurisdiction.
3. The last sentence (about the ending)
(1) The contract comes into effect;
(2) The text, number of copies and effectiveness of the contract;
(3) The date and place of signing the contract;
(4) Signature and seal, etc.
B. what should I pay attention to when negotiating specific terms? (Hint: goods, transportation, insurance, settlement, dispute settlement mechanism, application of law)-This problem is still too big. It can be said that you can give a systematic answer to this by reading a foreign trade practice. I'd better give a simple answer.
In the negotiation of terms, whether to mark the goods, because it is pajamas, will involve several sets of pajamas, folding method, how many boxes, box material, printing and so on. For simple contracts, some can be ignored. For the contract of a large company, it is necessary to confirm the initial conclusion of the contract because it will involve the contract price. Of course, the quality of goods, such as the quality requirements of cotton pajamas and the source of cotton, also needs to be involved and confirmed. This product should be a statutory inspection product, considering the time and other related issues.
In terms of transportation, there are ports in Beijing, new york and new york, but there is no port in Beijing, which will involve the port of delivery. If it is produced in Beijing, the nearest port is Tianjin Port. For the price terms, it will also involve the confirmation of this part. It can be said that each part involves the cost and income of the company. These contents should be seriously considered.
For insurance, in practice, it depends on the basic requirements of customers. If the customer does not buy insurance, the exporter should also buy certain insurance to reduce the risk.
Dispute settlement mechanism, copy and paste the following contents for reference:
1, settled through negotiation
Without the intervention of a third party, the two parties independently resolve the dispute through consultation. Its advantages are simple procedures, cost saving and no damage to the cooperative relationship between the two parties. However, it is generally difficult to reach an agreement through consultation and achieve satisfactory results for both parties; Moreover, the negotiation results are not legally binding, and once one party goes back on its word, new disputes will arise. In all international trade disputes, the proportion that can be solved in this way is very small.
2. Mediation and settlement
Mediation is a procedure in which both parties to a dispute resolve their disputes with the assistance of a neutral third party (that is, a mediator). Generally speaking, the mediator is a permanent arbitration institution. Many permanent arbitration institutions (such as China International Economic and Trade Arbitration Commission and icc International Arbitration Court). ) There are special mediation rules, or there are provisions on mediation in the arbitration rules. Even if there is no such arbitration institution, it does not mean that mediation procedures are excluded.
Mediation, like negotiation, respects the wishes of the parties and has a good atmosphere. Its advantage is that with the participation of a third party, an agreement can be reached as soon as possible. Moreover, if the arbitration institution makes an award according to the mediation agreement, its content will be binding. Compared with litigation and arbitration, the costs and procedures required for mediation should also be saved or simplified.
The proportion of mediation in the current dispute settlement is not very high, but more and more arbitration institutions have begun to pay attention to the role of mediation.
3. Arbitration settlement and litigation settlement
Arbitration settlement means that both parties reach a written agreement before or after the dispute occurs, and voluntarily submit the dispute to a third party agreed by both parties for adjudication.
If after the dispute occurs, both parties can't solve the dispute through negotiation or mediation, and there is no arbitration clause in the contract, then either party can bring a lawsuit to the court with jurisdiction to solve the dispute through litigation.
Two. If trade terms (FOB or CIF) are used in the contract, how to choose them? And according to the General Rules for the Interpretation of International Trade Terms (2000 edition), the specific contents of the selected terms are explained. -
First of all, international trade terms are now version 20 10.
Secondly, for FOB or CIF, you can see that CIF includes freight and insurance, while FOB does not include insurance.
Finally, explain FOB and CIF:
FOB is also called "FOB", in fact, it is usually used as "FOB" ... The port (place of departure) is closed on the basis of FOB, and the buyer is responsible for sending ships to receive the goods. The seller shall load the goods on the vessel designated by the buyer within the stipulated port of shipment and time limit, and notify the buyer in time. When the goods are shipped, the risk passes from the seller to the buyer. (excluding freight and insurance)
Under FOB conditions, the seller shall bear the risks and expenses, obtain the export license or other official documents, and handle the export formalities. When the transaction is concluded on FOB terms, the seller shall also provide a certificate at his own expense to prove that he has completed the delivery obligation according to the regulations. If the certificate is not a transport document, the seller may provide assistance at the request of the buyer to obtain the bill of lading or other transport documents, and the risks and expenses shall be borne by the buyer.
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CIF (cost, insurance and freight) means that when the goods cross the ship's rail at the port of shipment, the seller completes the delivery.
CIF usually refers to FOB+ freight+insurance.
The Chinese translation of CIF terms is cost, insurance and freight (named as destination port, whose original text is cost, insurance and freight ( ...
Destini-nation) according to this clause, the components of the goods price include the usual freight from the port of shipment to the agreed port of destination and the agreed insurance premium. Therefore, the seller has the same obligation as the CFR clause, and also handled the freight insurance for the buyer and paid the insurance premium. According to the general international trade practice, the insured amount of the seller should be increased by 65,438+00% on the basis of CIF price. If the buyer and the seller have not agreed on specific risks, the seller only needs to get the minimum amount. If the buyer requests war risk insurance, the seller shall take out the insurance at the buyer's expense. When the seller can do so, he should insure in the contract currency.
Three. According to the United Nations Convention on Contracts for the International Sale of Goods, what obligations should Company A, as the seller, perform in the process of contract performance?
As a seller, Company A's responsibilities are mainly manifested in three obligations: delivery of goods; Hand over all documents related to the goods; Transfer the ownership of the goods.
The delivery of the goods is guaranteed by the delivery method confirmed in the price terms. For documents, it is also necessary to confirm with customers and submit relevant documents to customers according to the contract after shipment.
Four. If both parties agree to use documentary letter of credit for settlement, and it will be completed through Bank C designated by Company A and Bank D designated by Company B, how will the actual operation flow proceed?
What I'm asking here is the documentary credit settlement method, which is also a common letter of credit method.
Still copy and paste the documentary credit process:
Documentary letter of credit, sometimes called "bank commercial letter of credit".
Credits) "and" commercial letter of credit "provide a guarantee for the seller of international goods to ensure that he can get payment after the goods are shipped, even if the buyer fails to pay or the buyer's draft is rejected. Once the documentary letter of credit is involved, the international sale of goods usually involves the following processes:
The buyer of goods opens a letter of credit in the bank (issuing bank) of his country in favor of the seller of another country according to the standard format of the bank. Opening a letter of credit involves the issuing bank's commitment to pay the contract price of the goods, or accepting or negotiating a draft (such as a check) drawn by the seller for this amount. The issuing bank may require the buyer to provide a deposit for its expected payment obligations to the seller, or it may rely on the buyer's good reputation. The standard condition for opening a letter of credit is usually to pay a fee to the bank for the goods and the shipping documents related to the goods. Once the issuing bank agrees to open a letter of credit, he asks the advising bank in the seller's country to inform the seller to open a letter of credit in his favor. The advising bank may also undertake the obligation to pay the seller, in which case the letter of credit is "confirmed" (on the contrary, "unconfirmed"). Thereafter, the seller shall submit shipping documents (including cargo invoices, bills of lading or sea waybills, marine insurance policies under CIF conditions, etc. ) to the advising bank. If the documents are ready, the advising bank will pay the seller by paying, accepting or negotiating the draft drawn by the seller. The advising bank then submits the shipping documents to the issuing bank, which then submits the documents to the buyer so that the buyer can accept the goods at the unloading port. The issuing bank charges for opening a letter of credit, of course, the final cost is borne by the buyer.
I hope the above information can provide you with an idea.