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Secrets of International Trading © copyright "...adopting General Standard Conditions is legally binding, whether or not both parties are aware of or understand, every provision..." Export sales contract can be informal or formal, depending on the foreign buyer.
1. An offer to sell made over the telephone by the exporter, covering the type of good, quantity to be sold, per unit price and delivery and payment terms accepted by the foreign buyer or an offer to buy from the importer. 2. An offer to sell made by airmail, courier, telex, cable, facsimile or E-mail by the exporter and accepted by the foreign buyer. 3. A pro-forma invoice by facsimile, air mailed, E-mailed or courier by the exporter to the buyer and confirmed by the foreign buyer. 4. A formal typewritten contract setting out all the conditions of the sale and signed by both buyer and seller. When the export contract is made quickly and informally, some of the conditions are either assumed or clarified later which, of course, may lead to dispute and misunderstanding. |
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Once such General Standard Conditions have been adopted, they are legally binding whether or not both parties are aware of and understand every provision. Incoterms, is one particular kind of General Standard Conditions so if the exporter and buyer agree on an FOB price - it has a clear defined Incoterms meaning and is legally binding. 1. Prepare a short list of trading houses that might be interested in your Product. 2. Try to get references and recommendations about them. 3. Ask for information from each, explaining why. 4. Visit the most promising to find out what they can do for you. 5. Keep in mind which foreign markets you intend to enter first. 6. Reserve those foreign markets you wish to export directly. 7. Supply the trading houses selected by you with information about your company and products. 8. Negotiate an agreement whereby the trading house buys directly from you or acts as your export agent. 9. Fill each export order as and when received and maintain contact. Procedures for Indirect Exporting
Checklist for Direct Exporting 1. Decide whether you will sell directly to foreign users or through an import agent or whether you will sell to a foreign distributor, who will resell your product. 2. Prepare literature about your company and its products that can be used to support your export efforts. 3. If selling directly to foreign users yourself, prepare a sales campaign (direct mail, trade show participation, foreign visits, etc.) and develop a list of sales leads. 4. Begin sending letters to prospective customers and following up on sales leads. Procedures for Direct Exporting
Checklist for selling through an Begin the search for a suitable agent or distributor in each foreign market 1. Choose an agent or distributor and negotiate an agency or distributorship agreement. 2. Monitor the performance of the agent or distributor. 3. Sales Contract for the Exporter. Recommended reference: How to Develop your Export Market? Next page 6/9 - Incoterms - "...a situation in which everything is the responsibility of the seller and the extreme where everything is the responsibility of the buyer..." |
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