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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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International Sales Agreements: An Annotated Drafting and Negotiating Guide 3rd ed


ISBN13: 9789403500904
Previous Edition ISBN: 9789041127310
Published: May 2018
Publisher: Kluwer Law International
Country of Publication: Netherlands
Format: Hardback
Price: £167.00



In stock.

International Sales Agreements guides practitioners through the process of drawing up sound agreements for the international sale of goods. Compared to domestic transactions, the risks associated with international sales are greatly multiplied. It is rare for international sales agreement to rely on minor variations of standard terms, as is so often the case in domestic agreements. Foreign laws, export/import and currency exchange controls, treaties, transit issues, inspection of goods, insurance, tariffs – all these and more – must be taken into account in contract negotiations. This book provides a comprehensive explanation of the key terms and concepts in the international sale of goods and a thorough review of the drafting issues addressed in creating and negotiating an international sales agreement.

What’s in this book:

Organized according to the framework of an annotated agreement, with detailed commentary on each provision, this book incorporates hundreds of sample clauses designed to cover every contingency, including such factors as the following:

  • definitions;
  • INCOTERMS;
  • price adjustments;
  • documentation;
  • labelling;
  • delivery dates;
  • transportation modes;
  • limitation of liability;
  • confidentiality;
  • arbitration; and
  • corruption.
Although the clauses are drawn without reference to any particular country, relevant considerations are covered in the commentary to each clause. Appendices reprint the texts of the United Nations Convention on Contracts for the International Sale of Goods (CISG), the UNIDROIT Principles, and the Principles of European Contract Law.

How this will help you:

This is the third edition of an enormously useful book that enables readers to gain insight into the nuances that differentiate international sales from domestic transactions. For lawyers charged with drafting an international sales contract, this book is invaluable as it helps to recognize the complexities that come with selling goods across borders. Clause by clause, this book clearly details the drafting process, commenting expertly on every issue likely to arise. It would be hard to find a more useful guide.

Subjects:
International Trade
Contents:
Preface
Content of Sample Clauses
Introduction
CHAPTER 1
Preliminary Matters
CHAPTER 2
Drafting the Agreement
CHAPTER 3
The Goods Being Sold
CHAPTER 4
Trade Terms
CHAPTER 5
Price
CHAPTER 6
Permits, Licences, and Certificates
CHAPTER 7
Payment
CHAPTER 8
Delivery
CHAPTER 9
Transfer of Title and Risk
CHAPTER 10
Bills of Lading and Other Documents for Carriage of Goods
CHAPTER 11
Insurance
CHAPTER 12
Inspection
CHAPTER 13
Warranties
CHAPTER 14
Force Majeure and Hardship
CHAPTER 15
Termination and Penalty Clauses
CHAPTER 16
Intellectual Property
CHAPTER 17
Other Obligations of the Parties
CHAPTER 18
Dispute Resolution
CHAPTER 19
Governing Law
CHAPTER 20
Language
CHAPTER 21
Miscellaneous Provisions
Appendices
APPENDIX I
The CISG
APPENDIX II
UNIDROIT Principles of International Commercial Contracts
APPENDIX III
Principles of European Contract Law
Index