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Export Agreement
I need an export agreement for a Swiss company exporting consumer electronics to the EU, detailing product specifications, delivery terms, and payment conditions. The agreement should include Incoterms 2020, a dispute resolution clause under Swiss law, and a force majeure clause.
What is an Export Agreement?
An Export Agreement sets out the terms and conditions for selling goods to customers in other countries from Switzerland. It covers essential details like delivery methods, payment terms, and which party handles customs clearance, while ensuring compliance with Swiss export control laws and international trade regulations.
These agreements protect both sellers and buyers by clearly defining responsibilities around quality standards, shipping documentation, and risk transfer. For Swiss companies, they must specifically address requirements from the Federal Act on Export Controls and the Goods Control Act, particularly when dealing with dual-use items or controlled technologies.
When should you use an Export Agreement?
Use an Export Agreement when your Swiss company starts selling products internationally, especially before shipping your first order abroad. This contract becomes essential for high-value goods, specialized equipment, or any items subject to Swiss export controls - like precision machinery, pharmaceuticals, or technical innovations.
The agreement proves particularly valuable when dealing with new international customers, complex shipping arrangements, or markets with different legal systems. Swiss companies in regulated industries need this document to demonstrate compliance with the Federal Act on Export Controls and to protect themselves from liability around customs issues, payment disputes, or product-related claims.
What are the different types of Export Agreement?
- Basic Export Sales Agreement: Covers standard international trade terms, payment conditions, and basic compliance requirements for Swiss exporters
- Distribution Export Agreement: Includes specific terms for working with foreign distributors, territory rights, and ongoing supply arrangements
- Technical Export Agreement: Features detailed specifications for complex machinery or technology exports, including maintenance and training provisions
- Regulated Goods Agreement: Contains enhanced compliance sections for dual-use items or controlled substances under Swiss export laws
- Manufacturing Export Agreement: Combines production specifications with export terms for custom-manufactured goods
Who should typically use an Export Agreement?
- Swiss Manufacturing Companies: Primary exporters who initiate and sign these agreements when selling goods internationally
- Legal Counsel: Internal or external lawyers who draft and review Export Agreements to ensure compliance with Swiss trade laws
- Foreign Buyers: International companies or distributors who purchase goods and agree to the export terms
- Customs Brokers: Professionals who handle documentation and ensure compliance with export regulations
- Trade Compliance Officers: Company representatives who monitor adherence to Swiss export control requirements
- Freight Forwarders: Logistics partners who manage international shipping arrangements specified in the agreement
How do you write an Export Agreement?
- Product Details: Compile specifications, quantities, and any special handling requirements for the exported goods
- Buyer Information: Gather complete company details, registration numbers, and authorized signatories from your foreign partner
- Export Controls: Check if your products require special permits under Swiss export control laws
- Delivery Terms: Define Incoterms, shipping methods, and transfer of risk points
- Payment Structure: Outline currency, payment terms, and any letter of credit requirements
- Compliance Check: Review current trade restrictions and sanctions affecting your target market
- Documentation: Prepare customs forms, certificates of origin, and quality certificates
What should be included in an Export Agreement?
- Party Details: Full legal names, addresses, and registration numbers of both exporter and importer
- Product Description: Detailed specifications, quantities, and quality standards of exported goods
- Price and Payment: Currency, payment terms, transfer methods, and bank details
- Delivery Terms: Specific Incoterms, shipping arrangements, and risk transfer points
- Export Controls: References to Swiss export control laws and required permits
- Compliance Clauses: Anti-corruption, sanctions compliance, and data protection provisions
- Dispute Resolution: Choice of Swiss law, jurisdiction, and arbitration procedures
- Force Majeure: Events excusing performance under Swiss contract law
What's the difference between an Export Agreement and a Contract Manufacturing Agreement?
While Export Agreements and Contract Manufacturing Agreements might seem similar, they serve distinct purposes in international trade. Export Agreements focus primarily on the cross-border sale and delivery of finished goods, while Contract Manufacturing Agreements govern the production process itself.
- Scope of Control: Export Agreements mainly cover sales terms and compliance with trade regulations, while Contract Manufacturing Agreements detail production specifications, quality control, and intellectual property rights
- Geographic Focus: Export Agreements emphasize international shipping, customs, and foreign market compliance, whereas Contract Manufacturing Agreements concentrate on production location and standards
- Timeline Structure: Export Agreements typically cover specific shipments or periods of delivery, while Contract Manufacturing Agreements establish ongoing production relationships
- Risk Allocation: Export Agreements focus on transportation and customs risks, while Contract Manufacturing Agreements address production-related risks and quality assurance
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