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Export Sale Contract

Export Sale Contract Template for Germany

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Key Requirements PROMPT example:

Export Sale Contract

"I need an Export Sale Contract for selling industrial machinery from our German manufacturing facility to a Brazilian buyer, with delivery scheduled for March 2025, including installation services and technical training provisions."

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Document background
This Export Sale Contract is essential for businesses engaged in exporting goods from Germany to international markets. It serves as the primary legal framework governing the rights and obligations of both exporters and importers, ensuring compliance with German law, EU regulations, and international trade conventions. The document is particularly crucial as it addresses specific requirements of cross-border trade, including export controls, customs requirements, payment security mechanisms, and risk allocation. It includes detailed provisions for product specifications, quality standards, delivery terms, warranty obligations, and dispute resolution mechanisms. The contract's structure reflects German legal requirements while incorporating international commercial practices, making it suitable for various types of export transactions from Germany to worldwide destinations.
Suggested Sections

1. Parties: Identification of seller and buyer with full legal names, registration details, and addresses

2. Background: Context of the export sale arrangement and general purpose of the agreement

3. Definitions: Definitions of key terms used throughout the contract

4. Scope of Supply: Detailed description of goods to be exported

5. Price and Payment Terms: Purchase price, currency, payment method, and payment schedule

6. Delivery Terms: Incoterms rule, delivery location, and timing

7. Title and Risk: Transfer of ownership and risk in the goods

8. Export Controls and Compliance: Obligations regarding export licenses, permits, and compliance with trade regulations

9. Quality and Inspection: Quality standards, inspection procedures, and acceptance criteria

10. Warranty: Warranty terms, duration, and remedies for defective goods

11. Liability and Limitation: Liability provisions and limitations under German law

12. Force Majeure: Events excusing performance and consequences

13. Confidentiality: Protection of confidential information exchanged

14. Term and Termination: Duration and grounds for termination

15. Governing Law and Jurisdiction: Confirmation of German law and jurisdiction

16. General Provisions: Standard boilerplate clauses including notices, amendments, and severability

Optional Sections

1. Intellectual Property Rights: Required when the goods involve IP rights or technology transfer

2. Insurance: Detailed insurance requirements beyond standard Incoterms coverage

3. Bank Guarantees: When specific payment security is required

4. Documentation Requirements: When special documentation is needed beyond standard export documents

5. After-Sales Services: When installation, maintenance, or training services are included

6. Spare Parts: When ongoing supply of spare parts is part of the arrangement

7. Sanctions Compliance: Required for sensitive goods or parties in sanctioned countries

8. Data Protection: When personal data processing is involved in the transaction

9. Environmental Compliance: When goods have specific environmental requirements or risks

10. Resale Restrictions: When territorial or customer restrictions apply to resale

Suggested Schedules

1. Technical Specifications: Detailed technical specifications of the goods

2. Price List: Detailed pricing information, including any volume discounts or price adjustment mechanisms

3. Delivery Schedule: Detailed delivery timeline and milestones

4. Quality Standards: Specific quality requirements, standards, and testing procedures

5. Required Documentation: List of required export documents, certificates, and technical documentation

6. Warranty Procedures: Detailed warranty claim procedures and service levels

7. Compliance Checklist: Export control classification and compliance requirements

8. Form of Bank Guarantee: Template for any required bank guarantees

9. Insurance Requirements: Detailed insurance specifications and certificates

10. After-Sales Service Details: Specifications for any included services or maintenance

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant legal definitions
Agreement
Applicable Export Laws
Applicable Law
Authorized Representative
Business Day
Buyer
Confidential Information
Contract Price
Delivery Date
Delivery Point
Documentation
Effective Date
Export Licenses
Export Control Classification Number
Force Majeure Event
Goods
Incoterms
Intellectual Property Rights
Letter of Credit
Manufacturing Location
Payment Terms
Place of Destination
Product Specifications
Purchase Order
Quality Standards
Related Parties
Seller
Shipping Documents
Specifications
Technical Data
Territory
Trade Documents
Warranty Period
Working Days
Clauses
Sale and Purchase
Price and Payment
Delivery
Title and Risk
Export Controls
Customs and Documentation
Product Specifications
Quality Requirements
Inspection and Testing
Warranty
Intellectual Property
Confidentiality
Force Majeure
Limitation of Liability
Indemnification
Insurance
Compliance with Laws
Documentation Requirements
Bank Guarantees
Letters of Credit
Term and Termination
Assignment and Subcontracting
Notices
Dispute Resolution
Governing Law
Entire Agreement
Severability
Amendments
Anti-Corruption
Data Protection
Export Licenses
Product Safety
Technical Support
Training
After-Sales Service
Spare Parts Supply
Relevant Industries

Manufacturing

Automotive

Chemical

Electronics

Industrial Equipment

Consumer Goods

Medical Devices

Machinery

Agricultural Products

Technology

Textiles

Food and Beverage

Pharmaceuticals

Renewable Energy

Construction Materials

Relevant Teams

Legal

Export Control & Compliance

International Sales

Supply Chain

Finance

Logistics

Quality Assurance

Commercial Operations

Risk Management

Document Control

Relevant Roles

Export Manager

International Sales Director

Legal Counsel

Compliance Officer

Supply Chain Manager

Commercial Director

Contract Manager

Trade Finance Manager

Logistics Manager

Chief Financial Officer

Sales Operations Manager

Export Control Officer

Business Development Manager

Procurement Manager

Quality Assurance Manager

Industries
UN Convention on Contracts for the International Sale of Goods (CISG): Fundamental international treaty governing cross-border sale of goods. Germany is a signatory and it automatically applies unless explicitly excluded.
German Civil Code (Bürgerliches Gesetzbuch - BGB): Primary source of German contract law, governing formation, interpretation, and general principles of contracts.
German Commercial Code (Handelsgesetzbuch - HGB): Specific provisions for commercial transactions, including special rules for merchants and commercial sales.
EU Dual-Use Regulation (Regulation (EU) 2021/821): Controls export of dual-use items (goods that can be used for both civilian and military purposes) within EU framework.
German Foreign Trade and Payments Act (Außenwirtschaftsgesetz - AWG): Main German legislation governing foreign trade and payment transactions, including export controls.
German Foreign Trade and Payments Ordinance (Außenwirtschaftsverordnung - AWV): Detailed regulations implementing the AWG, specifying export documentation and procedures.
EU Regulation 2016/679 (GDPR): Relevant for personal data processing aspects of the contract and data transfer to non-EU countries.
German Product Liability Act (Produkthaftungsgesetz): Governs liability for defective products, particularly important for export sales.
EU Regulation 2019/1020 on Market Surveillance: Ensures products comply with EU requirements, relevant for goods being exported from Germany.
Incoterms 2020: While not legislation, these ICC rules are crucial for international trade terms and risk transfer in export contracts.
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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