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An Export Agreement sets out the terms and conditions for selling goods from Australia to overseas buyers. It covers crucial details like delivery methods, payment terms, and who takes responsibility for shipping risks under international trade rules (Incoterms).

Australian exporters use these agreements to protect their interests and comply with both local export controls and international trade laws. The document typically includes specific requirements for customs documentation, quality standards, and export licenses - especially important for regulated items like agricultural products, minerals, or dual-use goods under Australian customs regulations.

Use an Export Agreement when starting to sell your Australian products to international buyers. This becomes essential before shipping any goods overseas, especially for high-value items or regulated products like food, minerals, or technology that requires special permits.

The agreement proves particularly valuable when dealing with new overseas customers, entering unfamiliar markets, or handling complex shipping arrangements. It helps prevent disputes by clearly defining payment terms, delivery responsibilities, and quality requirements upfront. Many Australian exporters prepare these agreements before applying for trade finance or export insurance.

• Basic Export Sales Agreement: Covers essential terms for straightforward international sales, including payment, delivery, and basic quality requirements.
• Comprehensive Export Distribution Agreement: Includes detailed provisions for ongoing relationships with overseas distributors, marketing rights, and territory restrictions.
• Industry-Specific Export Agreement: Tailored for sectors like agriculture, mining, or technology, incorporating specific quality standards and compliance requirements.
• Framework Export Agreement: Creates a master agreement structure for multiple transactions with the same buyer, streamlining repeat business.

• Australian Exporters: Companies or individuals selling goods overseas, including manufacturers, primary producers, and trading companies who initiate and manage the export process.
• International Buyers: Foreign businesses or distributors purchasing Australian goods, who must comply with payment terms and import requirements.
• Trade Lawyers: Legal professionals who draft and review Export Agreements to ensure compliance with international trade laws and protect client interests.
• Customs Brokers: Specialists who help ensure the agreement aligns with customs requirements and documentation needs.
• Banks and Financiers: Financial institutions providing trade finance or examining agreements for letter of credit compliance.

• Buyer Details: Gather complete company information, registration numbers, and authorized representatives of the overseas purchaser.
• Product Specifications: Document detailed descriptions, quantities, quality standards, and packaging requirements for export goods.
• Trade Terms: Decide on Incoterms, delivery timeframes, and shipping arrangements including insurance requirements.
• Payment Structure: Establish payment terms, currency, banking details, and any letter of credit requirements.
• Compliance Check: Verify export permits, licenses, and customs requirements for your specific products and destination market.

• Party Details: Full legal names, addresses, and registration numbers of both exporter and overseas buyer.
• Product Terms: Detailed description of goods, quantities, specifications, and quality standards.
• Trade Conditions: Specific Incoterms, delivery schedules, and shipping arrangements.
• Payment Clauses: Price, currency, payment methods, and timing of payments.
• Risk Transfer: Clear statements on when title and risk pass from seller to buyer.
• Compliance Section: Export control requirements, permits, and customs documentation.
• Dispute Resolution: Governing law, jurisdiction, and arbitration procedures under Australian law.

Export Agreements are often confused with Contract Manufacturing Agreement, but they serve different purposes in international trade. While both deal with product production and delivery, their scope and focus differ significantly.

• Primary Purpose: Export Agreements focus on the international sale and shipment of goods, covering customs, trade compliance, and cross-border logistics. Contract Manufacturing Agreements instead detail how products will be manufactured to specification by a third party.
• Risk Management: Export Agreements handle international trade risks, currency issues, and shipping responsibilities. Manufacturing agreements focus on production quality, intellectual property protection, and manufacturing standards.
• Legal Framework: Export Agreements must comply with international trade laws and customs regulations. Manufacturing agreements primarily deal with domestic manufacturing standards and quality control requirements.