International Sales Agreements
|I The law applicable to a sales agreement||69|
|II International law applicable to international sales of goods||70|
|III English law governing international sales of goods||70|
|IV Trade terms||75|
|VI Trade terms under English law||76|
|VII Checklist of provisions||82|
|VIII Front of the contract||83|
|IX Body of the contract||83|
|X Boilerplate clauses||102|
|XI Back of the contract||102|
OverviewThis chapter explores the following topics:
It also examines the main provisions that
• the law applicable to a sales agreement • international and English law applicable
to international sales of goods
• trade terms generally and Incoterms®
an international sales agreement should
include, discussing the purpose and
wording of each provision.By the end of the chapter the reader will
have a better understanding of
• the law governing international sales of
• the role of trade terms and the manner
in which these trade terms operate;
• which provisions should be included in
international sales agreements;
• the purpose of each provision; and • the proposed wording of each provision.
Bearer bill of lading A negotiable bearer document that can be transferred from one party to another by mere delivery of the document.
Bill of lading An instrument issued by the ocean carrier to the shipper.
Conflict of laws rules (also known as rules of private international law)1 Rules used by the arbiter in order to determine the law applicable to a dispute.
Documents against payment An arrangement by which the seller agrees to deliver a bill of lading to a bank situated in the country of the buyer, in turn enabling the buyer to confirm that the goods have in fact been shipped.