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Drafting an Export Agency or Distributor Agreement? |
Part 2 |
"When an export contract is made quickly and informally some of the conditions are either assumed or clarified later which may lead to dispute and misunderstanding"
Incoterms is one particular kind of General Standard Conditions... if the exporter and buyer agree on an F.O.B. price -- it has a clear defined Incoterms meaning and is legally binding.
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The contract will expire at the end of the stated period unless renewed by written agreement of both parties.
9. Termination
10. Obligation on Expiration or Termination
The Sales Representative agrees to hold in confidence and safeguard all business and technical information that it receives from the Company. |
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12.
Company Trademarks and Trade Names
The Sales Representative agrees to abide by the Company's regulations regarding its trademarks and trade names and agrees not to do anything detrimental to them or the Company's reputation or its products.
13. Limitations of Liability
14. Release of Claims
15. Failure to Enforce
These may be sent to the other party by: registered Airmail, telegram, cable, fax, Email or telex at the stated address.
17. Execution and Modifications It also states how the Agreement may be modified, if and when necessary.
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Recommended further reading... Export sales contract can be informal or formal, depending on the foreign buyer. Incoterms standardized contract terms that permit the parties to refer to a pre-established set of rules that can be incorporated into the contract or agreement. |
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