International sales contract

PART ONE
LEGALITIES OF
Chapter
INTERNATIONAL SALES CONTRACT
1 The Applicable Laws for (nternational Sales
Contract
Commercial Laws- The UN Convention on Contracts for
International Sales of Goods-Scope of the Convention
On written contract-Important issues beyond the CISG
provisions-The Foreign Economic Contract Law of the
People' s Republic of China-On applicable law-Breach
and remedies-Settlement of disputes
2 Basic Concept of International Sales
Contract
Contract-What is a contract-Enforceability-Agreement
International Sales Contract-International character
Sales contract-Different forms of sales contract in inter-
national trade-Contents of sales contract
3 Formation of Contract
Offer-Definition of an offer-Validity time of offer-With-
drawal of offer-Revocation of offer-Termination of offer
Chinese trading practices-Acceptance-Definition of ac-
ceptance-Revision of an offer-Late acceptance-Time of
formation of a contract
4 Performance of Contract
The Responsibilities of the Seller To deliver the goods-
To hand over the documents relating to the goods-To-
transfer the Property to the goods-Responsibilities of
the Buyer-To pay the price-To take delivery of the
goods
5 Remedies for Breach of Contract
The Three Remedies-Remedies for Breach of Contract
by the Seller-Remedies for seller' s refusal or delay to
deliver the goods-Remedies for seller' s delivery of
goods which do not conform with the contract-Reme-
dies for Breach of Contract by the Buyer-To require the
buyer to perform his obligations-To claim damages-To
declare the contract avoided
6 Export And Import Procedures In China
Export Procedures-Preparing goods as required under
the contract-Examining and amending the L/C-Char-
tering proper means of transportation-Documentation
and getting paid-Import Procedures-To establish an L/
C with a bank-To make shipping arrangement-To ef-
fect insurance-To pay the price and get the title to the
goods-To take delivery of the goods and clear the goods
from the Customs
PART TWO
Contents of International Sales contract
Chapter
7 Preamble
Opening paragragh-Diversity of wording
8 Object of Contract
Commodity description-Quality-Samples-Specifications
Flexibility in quality-Major and minor points
9 Quantity and Packing
Different weight and measure systems-Various kinds of
weight-More or less clause-Packing specifications-An
important condition
10 Price
Varieties of export price-How to choose proper trade
terms-Varients of CIF terms-Quoting export price-Es-
calation clause-Commission and discount-Open price
Price of a complete plant
11 Delivery
Delivery and shipment-Time of shipment-Time of ar-
rival-Shipping arrangements-Seller' s responsibility In-
surance arrangement-Special commodities-Transfer of
title-Frozen ports-Destination in a land-locked country
Optional destinations
12 Payment
Banker' s credit-Exporter' s draft-Kinds of credit-Pay-
ment on collection basis-How to protect seller' s interest
13 Inspection
Right of inspection-Independent public surveyor-When
and where to make inspection-Inspection clause-Price
adjustmant-Inspection and certification-Buyer' s accep-
tance
14 Erection,Test-run and Operation
Import of complete plant-Test-run and operation
15 Force Majeure
Definition of Force Majeure-Force Majeure clause
16 Warranty and Remedy
Warranty clause-How to make remedy-Need for limita-
tions-Resort to litigation-Penalty-Patent right
17 Arbitration,Taxes and Other Provisions
Significance of arbitration-Place of arbitration-Be
prudent
Appendix: Contract