What points must be included in an agreement with a foreign counterparty

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Each country has its own specific legislation, including those related to document flow. In Spain, the same provisions of a contract are stated in different wording. A large number of small, not always significant details in agreements is the style of American and English businessmen. There is an example when one English partner insisted that the contract should specify the exact time and duration of a coffee break.

Any, even the smallest, clause of a fast food email list contract can be very significant. Therefore, it is recommended to first involve lawyers in a detailed study and development of the document.

But the final decision is still up to you, so pay special attention to a number of important points.

Form and procedure for concluding an agreement

Your company's financial specialist should give you a detailed answer to the question of which type of supply would be preferable - serial or one-time. In addition, do you need a mixed contract (involving several different types of agreements) or a distributor contract (with the transfer of exclusive rights to you to sell this type of product in the specified region).

For example, when purchasing equipment from foreign partners, make sure that lawyers include in the license agreement the conditions under which its installation and commissioning will be carried out, as well as the legal procedure for using the technology. Include this clause in the agreement, having previously adjusted the details with the partner by e-mail, sending scans of the package of documents.

The wording used in the agreement

To eliminate the ambiguity of the perception of the wording in Russian and English, make the necessary changes to the controversial phrases. For example, the word execute (in Russian - to execute) often becomes a subject of disagreement. In some corporations, against the background of already established stereotypes (which are in no way connected with a specific country), this word directly denotes the process of signing a document, and not its execution.

Selected commercial terms

When conducting business in the field of foreign trade, the terms of delivery are formulated using the rules and terminology stipulated by the international structure Incoterms 2010 (in English - International Commerce Terms).

Once the conditions are defined, financiers draw up an optimal supply scheme, and the necessary package of documents is formed. Here, everything must be taken into account: the most favorable prices, the legal aspect of the transfer of ownership of the goods, VAT accrual (interrelated points).

The Federal Customs Service of Russia requires documentary evidence of the legality of the purchase of goods. Therefore, the contract with a foreign counterparty must regulate the list of accompanying documents for the goods by a special provision. Specify, for example, the need to receive copies of documents even before the declaration. Then you will be able to complete some paperwork or make the necessary corrections before the goods arrive at the destination.