Export Sales Agreement Template for India

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Key Requirements PROMPT example:

Export Sales Agreement

"I need an Export Sales Agreement governed by Indian law for selling pharmaceutical products to European Union countries, with specific focus on quality control requirements, GDP compliance, and cold chain management provisions."

Document background
The Export Sales Agreement is a crucial legal instrument used when an Indian company engages in selling goods to overseas buyers. This document is essential for establishing clear commercial terms and ensuring compliance with Indian export regulations and international trade laws. It typically becomes necessary when companies begin export operations or enter new international markets. The agreement covers vital aspects including product specifications, pricing, payment terms, delivery conditions, quality standards, and regulatory compliance requirements. As an Export Sales Agreement governed by Indian law, it must comply with various regulations including the Foreign Trade (Development and Regulation) Act, FEMA, and export control regulations, while also considering international trade practices and conventions. The document serves as a comprehensive framework for managing international sales relationships and mitigating risks associated with cross-border trade.
Suggested Sections

1. Parties: Identification of the exporter and importer with complete legal names, addresses, and registration details

2. Background: Context of the agreement and brief description of the parties' business relationship

3. Definitions: Definitions of key terms used throughout the agreement, including trade terms (Incoterms)

4. Scope of Agreement: Description of products, quantities, and general terms of supply

5. Product Specifications: Detailed specifications of products, quality standards, and compliance requirements

6. Price and Payment Terms: Pricing details, currency, payment methods, and payment schedule

7. Delivery and Shipping Terms: Incoterms, delivery schedule, shipping arrangements, and documentation requirements

8. Quality Control and Inspection: Quality assurance procedures, inspection rights, and acceptance criteria

9. Export Compliance: Export licenses, permits, and compliance with trade regulations

10. Representations and Warranties: Standard warranties regarding product quality, compliance with laws, and authority to enter into agreement

11. Term and Termination: Duration of agreement and circumstances for termination

12. Force Majeure: Events excusing performance and procedures for handling such situations

13. Dispute Resolution: Jurisdiction, governing law, and dispute resolution mechanisms

14. General Provisions: Standard boilerplate clauses including notices, amendments, and assignment

Optional Sections

1. Intellectual Property Rights: Required when dealing with branded products or technology transfers

2. Exclusivity: Include when granting exclusive rights for certain territories or products

3. Insurance Requirements: Detailed insurance obligations beyond standard shipping insurance

4. Confidentiality: Required when sharing sensitive business information or trade secrets

5. Training and Support: Include when technical support or training is part of the agreement

6. Marketing and Promotion: Required when specifying marketing obligations or restrictions

7. Compliance with Sanctions: Include for high-risk jurisdictions or sensitive products

8. Bank Guarantees: Include when additional financial security is required

Suggested Schedules

1. Schedule 1 - Product Specifications: Detailed technical specifications and quality parameters of products

2. Schedule 2 - Pricing Schedule: Detailed pricing structure, including any volume discounts or price adjustment mechanisms

3. Schedule 3 - Delivery Schedule: Detailed delivery timelines and quantities

4. Schedule 4 - Quality Control Procedures: Specific quality control and testing procedures

5. Schedule 5 - Required Documentation: List of required shipping, customs, and compliance documents

6. Schedule 6 - Territory Definition: Detailed description of authorized sales territories

7. Appendix A - Standard Operating Procedures: Detailed procedures for order processing and fulfillment

8. Appendix B - Compliance Checklist: Export compliance requirements and documentation checklist

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

Relevant legal definitions
Clauses
Relevant Industries

Manufacturing

Textiles and Apparel

Automotive

Pharmaceuticals

Agriculture and Food Processing

Electronics and Technology

Chemical and Petrochemicals

Jewelry and Precious Stones

Engineering Goods

Consumer Goods

Metal and Mining

Software and IT Services

Relevant Teams

Legal

International Sales

Export Operations

Compliance

Finance

Supply Chain

Logistics

Quality Assurance

Risk Management

Commercial Operations

Business Development

Trade Documentation

Relevant Roles

Export Manager

International Sales Director

Chief Commercial Officer

Legal Counsel

Compliance Officer

Supply Chain Manager

Trade Finance Manager

Business Development Manager

Contract Administrator

Operations Director

Chief Financial Officer

Quality Assurance Manager

Logistics Manager

Risk Manager

International Business Analyst

Industries
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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