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Sales Contracts Under International Commercial Contracts

Recently, when I was talking to a colleague about the above title, I realized that it would be useful for me to write my information and I tried to summarize the topic with important points for you.

Recently, when I was talking to a colleague about the above title, I realized that it would be useful for me to write my information and I tried to summarize the topic with important points for you.

At the first stage of international trade relations, the seller and the buyer meet decisively to demonstrate their intention to exchange a particular good or service. In a contract concluded when both parties agree, the seller must prepare and ship the goods subject to the contract and decide how to pay in return, how to share the damage incurred, and determine the procedures and principles to be followed as a solution in the event of a dispute. At times when overseas sales occur, many issues that the parties want to apply to the sale and the legal relationship between them (for example: sharing costs, issuing documents for goods and transport, insurance, etc.Dec.) required them to be covered by the sales contract. The interpretation of obligations arising from a commercial contract may differ according to the laws applicable to the contract. Here we see the importance of”bioterms".

In order to regulate international commercial disputes, disputes and legal disputes and to prevent the loss of money and time of the buyer and seller, some rules have been introduced. In the contract or document to be issued (for example, a proforma invoice), the code letters of the agreed delivery method and the name of the place where the goods will be transferred from the seller to the buyer will be written next to it.

Contracts for buying and selling must be made in writing. This state of necessity is a guarantee for the Entente that the parties may issue later. At the same time, these contracts are important documents that can be shown as evidence in cases where there is a judicial path. However, the contract must cover provisions aimed at decontaminating the dispute between the parties or minimizing the dispute in cases where there is a dispute. A commercial contract should be prepared as far as possible in accordance with the following considerations:

We can examine this situation in two stages, first of all, let's see what we should pay attention to before the contract.

Whether the parties are credible or not should be scrutinised.

The wishes of the parties must be clearly determined in a way that does not create confusion.

The form of the contract must be determined. It should be considered whether the specified type of contract is included in the law, the issues that must be included in the contract must be regulated in accordance with the terms of the contract. For contracts that do not depend on the shape, the path of mutual agreement must be clearly followed.

In international commercial contracts, the choice of law should be regulated in a way that does not lead to interpretation and hesitation. When choosing law, alignment must be ensured between the chosen law and the judicial authority to be applied in case of dispute.Dec.

In the contract, the valid language must be selected and clearly stated in such a way that interpretation is not allowed.

The type of contract must be determined, that is, it must be named, because in the event of a dispute, these provisions will apply. If it cannot be determined,” protocol " must be written.

A draft should be created by the parties by carefully considering what should be in the contract, determining the mandatory considerations to be present in the contract and specifically the considerations to be put into the contract. Because it is a draft, it is necessary to avoid unnecessary detail and provisions. Otherwise, it is possible that the content will be understood differently during the interpretation of the agreement. The draft contract to be prepared should be a whole, not contradict in itself. The provisions must complement each other, the periods must be compatible with each other and in the entirety of the contract, and the rights and obligations of the parties must be clearly expressed.

If we move on to the second stage, let's look at the issues that should be present in contracts of the type of purchase and sale, taking into account the situations mentioned above.

The type and quality of the goods must be determined. The quality characteristics of some standard goods are determined according to the analysis of neutral control authorities, and the quality of non-standard goods is determined in the contract with details. Buyer companies, especially those that care about quality, include in the contract the condition that quality control be performed by an international inspection organization before shipment.

It is essential that the quantity of goods is clearly included in the contract.

Pricing forms of“Bioterms rules”(FOB, FAS, CFR, CIF, etc.), which cover the types of sales of exported goods (FOB, FAS, CFR, CIF, etc.) should be based.

In the contract, it is essential to specify the place of delivery of the goods. Because the costs and possible losses up to the place of delivery belong to the seller, and then the costs and possible losses belong to the buyer. The seller must deliver the goods to the buyer at the appointed time.

The seller must specify in the contract how the cost of the goods should be paid (Payment) by the buyer.

The place and time of payment of the cost of the goods subject to the contract becomes certain by deciding the method of payment in the contract.

Settlement of disputes arising from international commercial relations: the parties may conclude the dispute by negotiating between them, the dispute may be taken to a National Court (in the country of the buyer or seller), or international arbitration may be decried. In practice, it is usually indicated in the sales contract which of these methods will be applied.(The subject of international arbitration will be covered in detail in the next article.)

Of course, the trade secrets of the parties should be protected by a separate privacy agreement or with the help of articles to be placed in the existing agreement when making the transactions we have mentioned. How the parties will use, maintain, and share the identified information with third parties should be clearly defined and written into the contract.

As can be seen, despite all the risks, the first step of being successful in international trade is to know the person you do business with well and to make a contract prepared with all the risk possibilities in mind. It is important that the risks that may arise in the future can be avoided as much as possible at the stage of preparing the contract.

For this purpose, contracts must either be prepared by a jurist specializing in international trade, or at least this contract must be reviewed by a specialist jurist before signing the contract.

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