This form is intended for use in a sale of goods transaction between a seller in the United States and a purchaser in a foreign country. This form is drafted from the seller's perspective and covers the terms and conditions of purchases and sales to be made over an extended period. Section Fifteen includes language regarding the buyer's compliance with applicable laws relating to international transactions.
The United Nations Convention on Contracts for International Sale of Goods (CISG) sets forth uniform rules to govern the formation of international sales contracts and the rights and the obligations of the buyer and seller. This agreement is strongly influenced by Article 2 of the Uniform Commercial Code which has been adopted by the 50 States of the U.S., and deals with sales of goods and the obligations and rights of the buyers and sellers.
The Michigan Agreement for the International Sale of Goods with a United States Seller is a legal document that outlines the terms and conditions for the sale of goods between parties located in Michigan, United States, and international buyers. This agreement is specifically designed to adhere to the provisions of the United Nations Convention on Contracts for the International Sale of Goods (CSG) and ensures compliance with relevant laws and regulations. Key aspects covered in the Michigan Agreement for the International Sale of Goods with a United States Seller include: 1. Parties involved: This agreement clearly identifies and specifies the legal entities or individuals involved in the transaction. It includes the complete names, addresses, and contact information of both the United States seller and the international buyer. 2. Applicable law: The agreement specifies that the CSG governs the transaction unless the parties explicitly opt-out or choose to apply a different domestic law. 3. Offer and acceptance: It outlines the process by which the United States seller makes an offer to sell the goods and how the international buyer accepts the offer. This includes details such as the description of the goods, quantity, price, and any additional terms and conditions. 4. Delivery terms: The agreement defines the terms and responsibilities related to the delivery of the goods, including the specific place, mode, and time of delivery. It may refer to commonly used trade terms such as Incomers®(e.g., ,, EXXX WWW) to establish clarity and avoid misunderstandings. 5. Payment terms: The agreement addresses the payment methods, currency, and terms of payment, such as the due date, installment plans, or any applicable penalties for late payments. 6. Inspection and acceptance of goods: This section details the procedures for inspecting the goods upon delivery, including the time frame for raising any claims or disputes regarding the quality, quantity, or conformity of the delivered goods. 7. Remedies and disputes: The agreement covers the available remedies for breach of contract, such as right to cure, partial performance, damages, and termination rights. It may also include a dispute resolution clause specifying the preferred method of resolving any potential disputes, such as negotiation, mediation, or litigation. Types of Michigan Agreement for the International Sale of Goods with a United States Seller: 1. Standard Michigan Agreement: This is the general version of the agreement that covers the majority of international sale of goods transactions conducted by United States sellers based in Michigan. 2. Michigan Agreement with Specific Jurisdiction: This variant of the agreement incorporates additional clauses related to the choice of forum or specific jurisdiction where any disputes would be resolved. 3. Michigan Agreement with Confidentiality Clause: This type of agreement includes provisions safeguarding the confidentiality of trade secrets, proprietary information, or any sensitive information exchanged during the course of the transaction. 4. Michigan Agreement with Force Mature Clause: This agreement variation contains a force majeure clause that outlines the consequences and obligations in cases of unforeseen events or circumstances beyond the control of the parties, such as natural disasters or war. It is crucial to consult with legal professionals and experts to tailor the specific agreement based on the unique requirements of the transaction and the parties involved.The Michigan Agreement for the International Sale of Goods with a United States Seller is a legal document that outlines the terms and conditions for the sale of goods between parties located in Michigan, United States, and international buyers. This agreement is specifically designed to adhere to the provisions of the United Nations Convention on Contracts for the International Sale of Goods (CSG) and ensures compliance with relevant laws and regulations. Key aspects covered in the Michigan Agreement for the International Sale of Goods with a United States Seller include: 1. Parties involved: This agreement clearly identifies and specifies the legal entities or individuals involved in the transaction. It includes the complete names, addresses, and contact information of both the United States seller and the international buyer. 2. Applicable law: The agreement specifies that the CSG governs the transaction unless the parties explicitly opt-out or choose to apply a different domestic law. 3. Offer and acceptance: It outlines the process by which the United States seller makes an offer to sell the goods and how the international buyer accepts the offer. This includes details such as the description of the goods, quantity, price, and any additional terms and conditions. 4. Delivery terms: The agreement defines the terms and responsibilities related to the delivery of the goods, including the specific place, mode, and time of delivery. It may refer to commonly used trade terms such as Incomers®(e.g., ,, EXXX WWW) to establish clarity and avoid misunderstandings. 5. Payment terms: The agreement addresses the payment methods, currency, and terms of payment, such as the due date, installment plans, or any applicable penalties for late payments. 6. Inspection and acceptance of goods: This section details the procedures for inspecting the goods upon delivery, including the time frame for raising any claims or disputes regarding the quality, quantity, or conformity of the delivered goods. 7. Remedies and disputes: The agreement covers the available remedies for breach of contract, such as right to cure, partial performance, damages, and termination rights. It may also include a dispute resolution clause specifying the preferred method of resolving any potential disputes, such as negotiation, mediation, or litigation. Types of Michigan Agreement for the International Sale of Goods with a United States Seller: 1. Standard Michigan Agreement: This is the general version of the agreement that covers the majority of international sale of goods transactions conducted by United States sellers based in Michigan. 2. Michigan Agreement with Specific Jurisdiction: This variant of the agreement incorporates additional clauses related to the choice of forum or specific jurisdiction where any disputes would be resolved. 3. Michigan Agreement with Confidentiality Clause: This type of agreement includes provisions safeguarding the confidentiality of trade secrets, proprietary information, or any sensitive information exchanged during the course of the transaction. 4. Michigan Agreement with Force Mature Clause: This agreement variation contains a force majeure clause that outlines the consequences and obligations in cases of unforeseen events or circumstances beyond the control of the parties, such as natural disasters or war. It is crucial to consult with legal professionals and experts to tailor the specific agreement based on the unique requirements of the transaction and the parties involved.
