The Export Sale Contract is a fundamental document for Nigerian businesses engaged in international trade, providing a legally robust framework for exporting goods to foreign markets. This contract type is essential when Nigerian companies sell products to overseas buyers, requiring careful consideration of Nigerian export regulations, foreign exchange requirements, and international trade practices. The document typically includes detailed provisions for payment (often through Letter of Credit), shipping terms (using Incoterms), quality specifications, and export documentation requirements. It's particularly important given Nigeria's position as a major African exporter and the need to comply with both local laws (such as the Nigerian Export Promotion Council Act and Pre-Shipment Inspection of Exports Act) and international trade practices.
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1. Parties: Identification of seller and buyer with full legal names and addresses
2. Background: Context of the export sale arrangement and general commercial intent
3. Definitions and Interpretation: Definitions of key terms, including trade terms, and rules of interpretation
4. Sale and Purchase: Core agreement to sell and purchase, including description of goods
5. Price and Payment Terms: Price, currency, payment method, and timing of payments
6. Delivery and Shipping Terms: Incoterms, delivery schedule, shipping arrangements, and transfer of risk
7. Quality and Inspection: Quality specifications, inspection rights, and acceptance procedures
8. Documentation: Required export/import documentation, certificates, and compliance papers
9. Title and Risk: Transfer of title and risk allocation
10. Warranties and Representations: Standard and specific warranties regarding the goods and export compliance
11. Export Compliance: Export regulations compliance, licenses, and permits requirements
12. Force Majeure: Events excusing performance, including international shipping disruptions
13. Termination: Termination rights and consequences
14. Governing Law and Jurisdiction: Nigerian law as governing law and jurisdiction details
15. General Provisions: Standard boilerplate clauses including notices, amendments, and entire agreement
1. Insurance: Detailed insurance requirements when not covered by Incoterms or requiring specific coverage
2. Letter of Credit: Detailed L/C requirements when payment is by letter of credit
3. Intellectual Property: IP rights and licenses when dealing with branded or proprietary goods
4. Confidentiality: Confidentiality obligations when sensitive information is shared
5. Anti-Corruption: Anti-corruption provisions when dealing with high-risk jurisdictions
6. Tax Provisions: Specific tax arrangements when complex tax implications exist
7. Agency and Distribution: Additional terms when the buyer acts as distributor in their territory
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/import documents and certificates
6. Appendix A - Incoterms: Specific Incoterms rules applicable to the contract
7. Appendix B - Form of Quality Certificate: Template for quality certification
8. Appendix C - Shipping Instructions: Detailed shipping and packaging requirements
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