The Export Sale Contract is a fundamental document used in international trade transactions where a Philippine-based company sells and exports goods to a foreign buyer. This contract type is essential for establishing clear terms and conditions that comply with Philippine export regulations while protecting both parties' interests in cross-border commerce. It typically includes detailed provisions on product specifications, pricing, payment methods (such as Letters of Credit), delivery terms using Incoterms, quality standards, and export documentation requirements. The contract becomes particularly crucial for managing risks in international trade, ensuring compliance with both Philippine and international trade laws, and providing a clear framework for dispute resolution. Export Sale Contracts are commonly used across various industries and are especially important for businesses engaged in regular export activities from the Philippines.
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1. Parties: Identification of the seller (exporter) and buyer (importer) with complete legal names, registration numbers, and addresses
2. Background: Brief context of the trading relationship and purpose of the agreement
3. Definitions: Definitions of key terms used throughout the contract, including trade terms (Incoterms)
4. Subject Matter of Contract: Clear description of the goods being sold and exported
5. Price and Payment Terms: Contract price, currency, payment method, and payment schedule
6. Delivery Terms: Specified Incoterms rule, delivery location, shipping method, and timeline
7. Quality and Quantity: Specifications of quality standards and quantity requirements
8. Packaging and Marking: Requirements for packaging, labeling, and marking of goods
9. Documentation: Required export/import documentation and responsibilities
10. Title and Risk: Transfer of ownership and risk provisions
11. Warranties: Seller's warranties regarding the goods
12. Inspection and Testing: Rights and procedures for inspection and quality testing
13. Force Majeure: Provisions for unforeseen circumstances affecting contract performance
14. Governing Law and Jurisdiction: Specification of Philippine law and jurisdiction details
15. Dispute Resolution: Procedures for handling disputes
16. Term and Termination: Duration of agreement and termination provisions
1. Insurance: Details of insurance coverage when required beyond standard Incoterms obligations
2. Intellectual Property Rights: Include when goods involve branded products or protected designs
3. Confidentiality: Include when sensitive information will be shared between parties
4. Export License and Permits: Include for regulated goods requiring special permits
5. Bank Guarantees: Include when payment security instruments are required
6. Product Certification: Include when specific certifications are required for the destination market
7. After-Sales Service: Include for manufactured goods requiring maintenance or support
8. Environmental Compliance: Include for goods subject to environmental regulations
9. Sanctions and Trade Controls: Include when trading with countries subject to international trade restrictions
1. Schedule 1 - Product Specifications: Detailed technical specifications of the goods
2. Schedule 2 - Price List: Detailed pricing information including any volume discounts
3. Schedule 3 - Delivery Schedule: Detailed timeline for shipments if multiple deliveries
4. Schedule 4 - Quality Standards: Specific quality requirements and testing procedures
5. Schedule 5 - Packaging Specifications: Detailed packaging requirements and illustrations
6. Appendix A - Required Documents: List of all required export/import documentation
7. Appendix B - Inspection Protocol: Detailed procedures for product inspection
8. Appendix C - Compliance Certificates: Copies of required certifications and permits
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