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Export Agreement
I need an export agreement for a Belgian company exporting consumer electronics to France, including terms for delivery, payment, and compliance with EU regulations. The agreement should specify Incoterms, outline responsibilities for customs clearance, and include a dispute resolution clause.
What is an Export Agreement?
An Export Agreement outlines the terms and conditions for selling goods to buyers in foreign markets from Belgium. It specifies crucial details like product specifications, pricing, delivery terms, and payment methods while ensuring compliance with Belgian export control laws and EU trade regulations.
Beyond basic sales terms, these agreements address essential export-specific elements like customs documentation, trade licenses, and Incoterms rules. They protect Belgian exporters by clearly defining responsibilities around shipping risks, product liability, and dispute resolution methods - particularly important when dealing with international business partners under different legal systems.
When should you use an Export Agreement?
Use an Export Agreement when starting to sell products internationally from Belgium, especially before shipping your first order to a new foreign customer. It's essential for high-value exports, regulated products like chemicals or technology, or when dealing with complex delivery terms across EU borders.
The agreement becomes particularly important when your exports require special licenses, face trade restrictions, or involve intellectual property rights. Belgian companies need it to protect against payment risks, define quality standards, and establish clear dispute resolution procedures. It's vital for manufacturers expanding into new markets and traders handling multiple international shipments.
What are the different types of Export Agreement?
- One-Time Export Agreements: Cover single transactions or specific shipments with detailed terms for that particular deal
- Framework Export Agreements: Establish ongoing terms for multiple shipments over time, typically used with regular customers
- Distribution Export Agreements: Combine export terms with distribution rights in foreign territories
- Industry-Specific Agreements: Tailored for sectors like pharmaceuticals, technology, or food products with specific EU compliance requirements
- Intra-EU vs. Non-EU Agreements: Vary significantly based on destination market requirements and applicable trade regulations
Who should typically use an Export Agreement?
- Belgian Exporters: Manufacturing companies, trading firms, and SMEs selling goods internationally who initiate and maintain these agreements
- Foreign Buyers: International companies or distributors purchasing Belgian goods who must comply with delivery and payment terms
- Legal Counsel: In-house or external lawyers who draft and review agreements to ensure compliance with Belgian and EU trade laws
- Customs Brokers: Professionals who handle documentation and ensure agreements align with customs requirements
- Trade Finance Banks: Financial institutions that facilitate international payments and may require specific agreement provisions
How do you write an Export Agreement?
- Product Details: Compile specifications, quantities, pricing, and any special handling requirements
- Trade Requirements: Check if your products need export licenses or face restrictions under Belgian or EU regulations
- Buyer Information: Gather complete company details, registration numbers, and authorized signatory information
- Delivery Terms: Define Incoterms rules, shipping methods, and transfer of risk points
- Payment Structure: Determine payment terms, currency, and any required trade finance instruments
- Legal Framework: Our platform generates compliant agreements that automatically include all required Belgian export clauses
What should be included in an Export Agreement?
- Party Details: Full legal names, registration numbers, and authorized representatives of both exporter and buyer
- Product Description: Detailed specifications, quantities, quality standards, and packaging requirements
- Trade Terms: Specific Incoterms version and rule, delivery points, and transfer of risk details
- Payment Terms: Currency, payment method, timing, and any documentary requirements
- Compliance Clauses: Export control regulations, sanctions compliance, and customs documentation
- Dispute Resolution: Choice of Belgian law, jurisdiction, and arbitration provisions
- Force Majeure: Events excusing performance under Belgian commercial law
What's the difference between an Export Agreement and an Annuity Agreement?
Export Agreements and Data Transfer Agreements often overlap in international trade, but serve distinct purposes. While both deal with cross-border activities, they focus on different aspects of international business operations.
- Primary Focus: Export Agreements handle the physical movement of goods, including pricing, delivery, and payment terms. Data Transfer Agreements specifically govern the transfer of personal or sensitive data across borders.
- Regulatory Framework: Export Agreements follow Belgian trade laws and EU customs regulations. Data Transfer Agreements must comply with GDPR and Belgian data protection laws.
- Risk Management: Export Agreements address commercial risks like shipping damage or payment defaults. Data Transfer Agreements focus on data security, privacy breaches, and compliance with digital rights.
- Implementation Scope: Export Agreements typically cover single transactions or ongoing trade relationships. Data Transfer Agreements often require continuous monitoring and regular updates to maintain compliance.
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