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.
Introduction: A New Jersey Agreement for the International Sale of Goods with a United States Seller is a legally binding document that outlines the terms and conditions of a transaction between a seller based in the United States and a buyer located in another country. This agreement is governed by the United Nations Convention on Contracts for the International Sale of Goods (CSG) and is specific to transactions taking place in the state of New Jersey. It provides a framework for the parties involved to define their responsibilities, obligations, and rights throughout the entire sales process. Key Elements of the Agreement: 1. Definition of Parties: The agreement begins by clearly identifying the seller, including their legal business name, address, and contact information. Similarly, the buyer's information is provided, including their name, address, and contact details. 2. Scope of Agreement: It is important to define what is covered by the agreement, specifying the goods to be sold, including quantity, specifications, and quality requirements. Additionally, it may include any additional services or conditions associated with the sale. 3. Payment Terms: This section outlines the agreed-upon payment terms, including the currency to be used, the method and timeline of payment, any applicable taxes or tariffs, and the consequences of non-payment or late payment. 4. Delivery Terms: The agreement should detail the delivery terms, including the responsibility for shipping, insurance, and associated costs. It may refer to international trade terms such as Incomers® to determine the obligations of both parties throughout the transportation process. 5. Inspection and Acceptance: This section defines the procedures and requirements for inspecting the goods upon delivery. It outlines the buyer's rights to reject or accept the goods and procedures for addressing any defects or non-conformities. 6. Risk of Loss: The agreement specifies which party assumes the risk of loss or damage during transit and until the goods are delivered and accepted by the buyer. 7. Warranties and Disclaimers: This section deals with any warranties provided by the seller regarding the quality, fitness for purpose, or conformity of the goods. It may also include any disclaimers or limitations on the seller's liability. Types of New Jersey Agreements for the International Sale of Goods: There are different types of New Jersey Agreements for the International Sale of Goods with a United States Seller, named based on the nature of the transaction or parties involved: 1. Agreement for the Sale of Goods with Incomers CIF: This agreement pertains to transactions where the seller is responsible for the cost, insurance, and freight associated with delivering the goods to a specified port of destination. 2. Agreement for the Sale of Goods with Incomers EX: This agreement deals with transactions where the buyer is responsible for all costs and risks associated with the transportation of goods from the seller's premises to the specified destination. 3. Agreement for the Sale of Goods with Limited Warranty: This type of agreement includes specific limitations on the warranties provided by the seller. These limitations may restrict the buyer's ability to claim damages or replacements in case of defects or non-conformities. Conclusion: A New Jersey Agreement for the International Sale of Goods with a United States Seller is a crucial legal document that facilitates international trade between a US-based seller and a foreign buyer. It ensures that both parties understand their rights and obligations and provides a mechanism for resolving disputes should they arise. By adhering to the United Nations CSG and incorporating relevant trade terms, such as Incomers®, these agreements help foster a transparent and secure global trade environment.
