The CISG governs international sales contracts if (1) both parties are located in Contracting States, or (2) private international law leads to the application of the law of a Contracting State (although, as permitted by the CISG (article 95), several Contracting States have declared that they are not bound by the latter ground). The autonomy of the parties to international sales contracts is a fundamental theme of the Convention: the parties can, by agreement, derogate from virtually any CISG rule, or can exclude the applicability of the CISG entirely in favor of other law. When the Convention applies, it does not govern every issue that can arise from an international sales contract: for example, issues concerning the validity of the contract or the effect of the contract on the property in (ownership of) the goods sold are, as expressly provided in the CISG, beyond the scope of the Convention, and are left to the law applicable by virtue of the rules of private international law (Article 4). Questions concerning matters governed by the Convention but that are not expressly addressed therein are to be settled in conformity with the general principles of the CISG or, in the absence of such principles, by reference to the law applicable under the rules of private international law.
Santa Clara California Contract for the International Sale of Goods with Purchase Money Security Interest is a legal agreement that outlines the terms and conditions of a transaction between parties engaged in international commerce. It specifically pertains to the sale of goods where the buyer, located in Santa Clara, California, provides a security interest in the purchased goods as collateral to the seller. This contract establishes the rights and obligations of both the buyer and the seller, ensuring a smooth and secure transaction. It incorporates the key principles of the United Nations Convention on Contracts for the International Sale of Goods (CSG) and follows the provisions of the Uniform Commercial Code (UCC) in the state of California. The Santa Clara California Contract for the International Sale of Goods with Purchase Money Security Interest includes the following essential elements: 1. Identification of the parties: The contract clearly identifies the buyer and the seller, including their legal names, addresses, and relevant contact information. 2. Description of goods: It provides a detailed description of the goods being sold, ensuring clarity and accuracy to avoid any disputes or misunderstandings. 3. Purchase price: The contract specifies the agreed-upon purchase price for the goods and outlines the payment terms and methods, such as installment payments or letter of credit. 4. Security interest: This contract incorporates a purchase money security interest in the goods. It outlines the nature and extent of this security interest, including the collateral and the conditions under which the interest may be enforced. 5. Risk of loss: The contract addresses the allocation of risks associated with the goods, determining at what point the responsibility transfers from the seller to the buyer. 6. Delivery and acceptance: It outlines the delivery terms, such as the place, time, and method of delivery, as well as the procedures for inspection and acceptance of goods by the buyer. 7. Warranties and disclaimers: The contract includes any warranties provided by the seller regarding the quality, fitness for a particular purpose, or conformity of the goods. It also specifies any disclaimers or limitations of these warranties. 8. Governing law and jurisdiction: This clause determines the applicable law (California state law) and the jurisdiction where any litigation or disputes arising from the contract will be resolved (Santa Clara County). Different types of Santa Clara California Contract for the International Sale of Goods with Purchase Money Security Interest may include variations based on specific industry requirements or additional clauses specific to certain types of goods. Some examples of specialized contracts could be for the sale of technology products, agricultural goods, or manufacturing equipment, each with its own unique terms and conditions tailored to the respective industries. In conclusion, the Santa Clara California Contract for the International Sale of Goods with Purchase Money Security Interest ensures a clear and binding agreement between parties involved in international commerce, protecting their rights and providing a mechanism for resolving potential disputes.
Santa Clara California Contract for the International Sale of Goods with Purchase Money Security Interest is a legal agreement that outlines the terms and conditions of a transaction between parties engaged in international commerce. It specifically pertains to the sale of goods where the buyer, located in Santa Clara, California, provides a security interest in the purchased goods as collateral to the seller. This contract establishes the rights and obligations of both the buyer and the seller, ensuring a smooth and secure transaction. It incorporates the key principles of the United Nations Convention on Contracts for the International Sale of Goods (CSG) and follows the provisions of the Uniform Commercial Code (UCC) in the state of California. The Santa Clara California Contract for the International Sale of Goods with Purchase Money Security Interest includes the following essential elements: 1. Identification of the parties: The contract clearly identifies the buyer and the seller, including their legal names, addresses, and relevant contact information. 2. Description of goods: It provides a detailed description of the goods being sold, ensuring clarity and accuracy to avoid any disputes or misunderstandings. 3. Purchase price: The contract specifies the agreed-upon purchase price for the goods and outlines the payment terms and methods, such as installment payments or letter of credit. 4. Security interest: This contract incorporates a purchase money security interest in the goods. It outlines the nature and extent of this security interest, including the collateral and the conditions under which the interest may be enforced. 5. Risk of loss: The contract addresses the allocation of risks associated with the goods, determining at what point the responsibility transfers from the seller to the buyer. 6. Delivery and acceptance: It outlines the delivery terms, such as the place, time, and method of delivery, as well as the procedures for inspection and acceptance of goods by the buyer. 7. Warranties and disclaimers: The contract includes any warranties provided by the seller regarding the quality, fitness for a particular purpose, or conformity of the goods. It also specifies any disclaimers or limitations of these warranties. 8. Governing law and jurisdiction: This clause determines the applicable law (California state law) and the jurisdiction where any litigation or disputes arising from the contract will be resolved (Santa Clara County). Different types of Santa Clara California Contract for the International Sale of Goods with Purchase Money Security Interest may include variations based on specific industry requirements or additional clauses specific to certain types of goods. Some examples of specialized contracts could be for the sale of technology products, agricultural goods, or manufacturing equipment, each with its own unique terms and conditions tailored to the respective industries. In conclusion, the Santa Clara California Contract for the International Sale of Goods with Purchase Money Security Interest ensures a clear and binding agreement between parties involved in international commerce, protecting their rights and providing a mechanism for resolving potential disputes.
Para su conveniencia, debajo del texto en español le brindamos la versión completa de este formulario en inglés.
For your convenience, the complete English version of this form is attached below the Spanish version.