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

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

  • 作者:
  • 出版商: Kluwer Law International
  • ISBN: 9789403500904
  • Previous Edition ISBN: 9789041127310
  • 出版时间 May 2018
  • 规格: Hardback , 460 pages
  • 适应领域: International ? 免责申明:
    Countri(es) stated herein are used as reference only

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  • 描述 
  • 大纲 
  • 详细

    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.

  • 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

     

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