The Export Sales Contract serves as the primary legal instrument for Nigerian businesses engaging in international trade, establishing the framework for cross-border sales transactions. This document is essential when a Nigerian company sells and exports goods to foreign buyers, requiring careful attention to both commercial terms and regulatory compliance. The contract must align with Nigerian export laws, including the Pre-Shipment Inspection of Exports Act and Foreign Exchange regulations, while also considering international trade practices. It typically includes detailed provisions on product specifications, quality standards, delivery terms, risk allocation, and export documentation requirements. The Export Sales Contract is particularly crucial for ensuring clarity on payment terms, often involving letters of credit, and establishing clear responsibilities for export clearance and compliance with Nigerian customs requirements.
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1. Parties: Identification of seller and buyer with full legal names and addresses
2. Background: Context of the export arrangement and relationship between parties
3. Definitions: Definitions of key terms used throughout the contract
4. Sale and Purchase: Core agreement for the sale and purchase of goods, including description and quantities
5. Price and Payment Terms: Pricing details, currency, payment method, and timing
6. Delivery Terms: Incoterms, delivery schedule, shipping arrangements, and transfer of risk
7. Quality and Inspection: Quality standards, inspection procedures, and acceptance criteria
8. Export Documentation: Required documentation, permits, and certificates for export
9. Compliance with Laws: Obligations regarding export laws, customs requirements, and other regulations
10. Title and Risk: Transfer of title and allocation of risk between parties
11. Warranties: Warranties regarding goods quality, compliance, and authority to export
12. Force Majeure: Events excusing performance and consequences
13. Termination: Grounds for termination and consequences
14. Governing Law and Jurisdiction: Nigerian law as governing law and jurisdiction for disputes
15. General Provisions: Standard boilerplate clauses including notices, amendments, and severability
1. Insurance: Specific insurance requirements beyond standard coverage - include when high-value or high-risk goods are involved
2. Letter of Credit: Detailed L/C requirements - include when payment is by letter of credit
3. Intellectual Property: IP rights and restrictions - include when branded or patented goods are involved
4. Confidentiality: Confidentiality obligations - include when sensitive information is shared
5. Export Incentives: Allocation of export incentives/benefits - include when applicable under Nigerian law
6. Agency/Distribution Rights: Additional rights in target market - include if buyer gets distribution rights
7. Training and Support: Technical support obligations - include for complex products
8. Currency Risk: Currency fluctuation provisions - include for long-term contracts
1. Schedule 1 - Product Specifications: Detailed technical specifications of the goods
2. Schedule 2 - Pricing Schedule: Detailed pricing information, including any volume discounts
3. Schedule 3 - Delivery Schedule: Specific delivery dates and quantities
4. Schedule 4 - Quality Standards: Detailed quality requirements and testing procedures
5. Schedule 5 - Required Documentation: List of required export documents and certificates
6. Schedule 6 - Approved Packaging Specifications: Packaging requirements for export
7. Appendix A - Form of Quality Certificate: Template for quality certification
8. Appendix B - Shipping Documents: Templates for required shipping documentation
Relevant legal definitions
Agreement
Applicable Laws
Business Day
Buyer
CBN
Certificate of Origin
Confidential Information
Contract Price
Delivery Date
Delivery Point
Export Documentation
Export License
Export Permits
Force Majeure Event
Goods
Incoterms
Inspection Certificate
Letter of Credit
NEPC
Payment Terms
Pre-shipment Inspection
Product Specifications
Purchase Order
Quality Standards
Seller
Shipping Documents
Specifications
Territory
Title Documents
Trade Terms
Transaction Documents
Valid Claim
Warranty Period
Bill of Lading
Commercial Invoice
Packing List
Export Declaration
Form NXP
Clean on Board
Contract Currency
Effective Date
Material Adverse Change
Port of Loading
Port of Discharge
Applicable Laws
Business Day
Buyer
CBN
Certificate of Origin
Confidential Information
Contract Price
Delivery Date
Delivery Point
Export Documentation
Export License
Export Permits
Force Majeure Event
Goods
Incoterms
Inspection Certificate
Letter of Credit
NEPC
Payment Terms
Pre-shipment Inspection
Product Specifications
Purchase Order
Quality Standards
Seller
Shipping Documents
Specifications
Territory
Title Documents
Trade Terms
Transaction Documents
Valid Claim
Warranty Period
Bill of Lading
Commercial Invoice
Packing List
Export Declaration
Form NXP
Clean on Board
Contract Currency
Effective Date
Material Adverse Change
Port of Loading
Port of Discharge
Clauses
Parties
Background
Definitions
Sale and Purchase
Price and Payment
Delivery
Title and Risk
Export Documentation
Customs and Export Compliance
Quality Control
Inspection and Testing
Warranties
Representations
Force Majeure
Shipping and Transportation
Insurance
Documentation Requirements
Letter of Credit
Foreign Exchange Compliance
Product Specifications
Packaging and Labeling
Acceptance and Rejection
Liability and Indemnification
Intellectual Property
Confidentiality
Term and Termination
Default and Remedies
Dispute Resolution
Governing Law
Assignment
Notices
Amendment
Entire Agreement
Severability
Waiver
Counterparts
Costs and Expenses
Third Party Rights
Further Assurance
Compliance with Laws
Anti-Corruption
Sanctions Compliance
Background
Definitions
Sale and Purchase
Price and Payment
Delivery
Title and Risk
Export Documentation
Customs and Export Compliance
Quality Control
Inspection and Testing
Warranties
Representations
Force Majeure
Shipping and Transportation
Insurance
Documentation Requirements
Letter of Credit
Foreign Exchange Compliance
Product Specifications
Packaging and Labeling
Acceptance and Rejection
Liability and Indemnification
Intellectual Property
Confidentiality
Term and Termination
Default and Remedies
Dispute Resolution
Governing Law
Assignment
Notices
Amendment
Entire Agreement
Severability
Waiver
Counterparts
Costs and Expenses
Third Party Rights
Further Assurance
Compliance with Laws
Anti-Corruption
Sanctions Compliance
Relevant Industries
Manufacturing
Agriculture
Oil and Gas
Mining
Textiles
Food and Beverages
Pharmaceuticals
Consumer Goods
Chemicals
Industrial Equipment
Technology Hardware
Automotive Parts
Raw Materials
Relevant Teams
Legal
International Sales
Export Operations
Compliance
Finance
Supply Chain
Logistics
Commercial
Quality Assurance
Regulatory Affairs
Trade Finance
Business Development
Relevant Roles
Export Manager
International Sales Director
Compliance Officer
Legal Counsel
Commercial Director
Supply Chain Manager
Trade Finance Manager
Business Development Manager
Logistics Manager
Contract Administrator
Chief Financial Officer
Sales Operations Manager
Quality Assurance Manager
Regulatory Affairs Manager
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