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Export Agreement Template for Canada

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Export Agreement

I need an export agreement for shipping agricultural products from Canada to the European Union, ensuring compliance with both Canadian and EU regulations. The agreement should include terms for payment, delivery schedules, and liability for damages during transit.

What is an Export Agreement?

An Export Agreement sets out the terms and conditions for selling goods from Canada to buyers in other countries. It covers crucial details like pricing, shipping arrangements, payment terms, and which party handles customs clearance and export permits under Canadian trade regulations.

Beyond the basic sales terms, these agreements protect Canadian exporters by addressing key risks like currency fluctuations, compliance with international trade laws, and intellectual property rights. They typically include specific provisions required by Canadian export control laws, especially for regulated items like technology, agricultural products, or materials with potential dual-use applications.

When should you use an Export Agreement?

Use an Export Agreement when your business starts selling products internationally from Canada. This is especially important for specialized goods like technology, agricultural products, or items with potential military applications that face strict export controls. The agreement becomes essential before finalizing any international sales deals or shipping arrangements.

Many Canadian companies need Export Agreements when entering new foreign markets, expanding their distribution networks abroad, or working with first-time international buyers. It's particularly valuable when dealing with complex regulatory requirements, managing currency risks, or protecting intellectual property rights across borders.

What are the different types of Export Agreement?

Who should typically use an Export Agreement?

  • Canadian Exporters: Manufacturing companies, tech firms, and agricultural producers who sell goods internationally and need to protect their interests
  • Foreign Buyers: International companies or distributors purchasing Canadian goods who must comply with import regulations in their countries
  • Trade Lawyers: Draft and review Export Agreements to ensure compliance with Canadian export controls and international trade laws
  • Customs Brokers: Help implement agreement terms by managing documentation and clearance procedures
  • Government Agencies: Review agreements for regulated goods and issue necessary export permits, particularly Canada Border Services Agency

How do you write an Export Agreement?

  • Basic Details: Gather complete business information for both parties, including legal names, addresses, and registration numbers
  • Product Specs: Document detailed descriptions, quantities, pricing, and any special handling requirements
  • Export Controls: Check if your goods require special permits under Canadian export regulations
  • Payment Terms: Decide on currency, payment method, and timing of payments
  • Shipping Details: Determine Incoterms, delivery timeline, and responsibility for customs clearance
  • Risk Management: Consider insurance requirements, warranty terms, and dispute resolution preferences
  • Document Generation: Use our platform to create a legally-sound Export Agreement that includes all required elements

What should be included in an Export Agreement?

  • Party Details: Full legal names, addresses, and business numbers of exporter and importer
  • Product Section: Detailed description, quantities, specifications, and pricing in specified currency
  • Delivery Terms: Specific Incoterms, shipping arrangements, and transfer of risk provisions
  • Export Controls: References to Canadian export permits, licenses, and compliance requirements
  • Payment Terms: Payment method, timing, and currency exchange provisions
  • Governing Law: Clear statement choosing Canadian law and jurisdiction
  • Dispute Resolution: Arbitration or litigation procedures for conflict resolution
  • Force Majeure: Provisions for unforeseen circumstances affecting performance

What's the difference between an Export Agreement and an Agency Agreement?

An Export Agreement differs significantly from an Agency Agreement, though both are used in international trade. The main distinctions lie in their purpose, scope, and the relationships they govern.

  • Primary Purpose: Export Agreements focus on the direct sale and shipment of goods across borders, while Agency Agreements establish a relationship where one party represents another in market development and sales
  • Party Relationships: Export Agreements create a seller-buyer relationship between the exporter and foreign purchaser. Agency Agreements create a principal-agent relationship where the agent promotes products in foreign markets
  • Legal Obligations: Export Agreements detail specific shipments, prices, and delivery terms. Agency Agreements cover commission structures, territory rights, and representation duties
  • Regulatory Focus: Export Agreements emphasize customs compliance and trade controls. Agency Agreements focus more on local business laws and representation rights

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