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Vol 23 No 5 May/June 2018

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Cover of Drafting Commercial Agreements

Drafting Commercial Agreements

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This book is now Out of Print.
A new edition has been published, the details can be seen here:
International Sales Terms 2nd ed isbn 9781849466097

International Sales Terms

ISBN13: 9781841133867
New Edition ISBN: 9781849466097
Published: April 2010
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: Out of print

This is a short practical guide to international sales terms, providing a handy guide for drafting typical sales agreement clauses.

The introductory chapter provides a short introduction to the Convention on the International Sale of Goods and Swiss law with regard to legal issues not dealt with by the CISG (i.e. assignment, set-off, limitation periods, validity of the contract etc.) as well as differences in this regard compared to other major jurisdictions (in particular England and the U.S.).

The introductory part also deals with more general points of concern with regard to international sales contracts (eg. US. and European export control regulations, international tax law issues etc.) and best practices regarding the incorporation of the terms into the contract (the battle of forms problem).

The main part of the book contains the annotated international sales terms and conditions (inter alia Terms of Payment, Retention of Title, Delivery, Transfer of Risk, Conformity of the Contract Goods and Remedies in case of Non-conformity, Confidentiality, Limitation of Liability, Termination, Governing Law and Arbitration Clause).

The contents of each clause and its effect in the context of the applicable law are separately discussed and analysed. When deemed appropriate, alternatives for the drafting of individual clauses are provided.