Monthly Archives: October 2011

An export contract is an agreement of selling and buying goods by an exporter and importer respectively. The contract is between parties residing or conducting business in separate states. So apart from the general mutually agreed upon terms and conditions, the clauses and rules that are to be followed under the state law and federal law of both the countries should also be preferably mentioned so that there is total compliance by both the parties.

Points to be kept in mind while preparing an export contract:

  • The export contract should start with the seller’s name and address and the buyer’s name and address both of them referred to as the parties of the contract.
  • Descriptions of the goods should follow next as this is vital in conducting business between the two parties and developing a long term relationship between them.
  • The delivery terms, dates and locations need to be a part of the export contract. This will form the basis of agreement between both the parties and they will create necessary supply chains and processes to suit this requirement.
  • The price is one of the most important issues in an export contract. The price basis should be set forthright. It should specify whether the price is the total price, price per unit, and whether it includes tax, etc.
  • Before the agreement is signed, it is essential to exchange certain documents that are applicable in an export-import business. Hence the documents exchanged or to be exchanged should be a part of the export contract.
  • Clauses and statements should be present that lists the actions that can be taken if there is a failure to comply with the payment deadlines or a delivery date.
  • Fundamental non-performance conditions should also be mentioned in the export contract.
  • Rules that are applicable under a specific jurisdiction and law should be mentioned so that both the parties take care that no rule is violated or broken.

A development contract is a written agreement between a business and its client whereby the business is utilising the services of the client for a specific time period and for a mentioned amount. The type of development that the client will be undertaking as part of the contract with the business needs to be clearly mentioned as any deviation to the work mentioned may lead to breach of agreement and an eventual termination of the contract.

Points to be kept in mind while preparing a development contract:

  • The development contract should start with the business information and the client name who is undertaking the development work. The details should include the business name, client name, address, email ids, phone, etc.
  • Then should follow the kind of development work that the client will undertake and the time period of the start and finish of the task.
  • The scope of work should be included so that the client is able to provide the required services and the business is getting billed on the same.
  • The payment terms, dates, and conditions should be mentioned. The business should agree to pay the required amount to the client within the mutual agreed upon date.
  • The parameters for performance of the client should be written down in the development contract. E.g. Turnaround times, reducing duplication, saving time, etc. can be some of the parameters of performance.
  • Any additional services that can come in the framework of the contract should be mentioned in the development agreement document.
  • Any warranties and post-sales support services as applicable also need to be mentioned.
  • Cancellation terms and contract termination terms are also a necessary part of the development contract as a significant amount of money is at stake for the company and a significant commitment of resources are given by the client.
  • The development contract can end with a signature by both the parties showing mutual agreement on it.

A dealership contract is an agreement between an organization and its dealers which is signed before the distribution of the products and services starts happening through the dealer. The names and address of the parties in the dealership contract needs to be mentioned. Aspects that need to be covered in the dealership contract are number of sales persons, sales targets, locations, supplies, handling of damages and defects, etc. The following guidelines will help you make a useful dealership contract.

Points to be kept in mind while preparing a dealership contract:

  • The dealership contract can start with the date of the contract, dealership name, and full address.
  • The selected dealership should be clearly mentioned e.g., standard package, expanded package, etc.
  • The start date of the dealership contract should be mentioned along with the time duration till which the contract will be applicable.
  • The duties of the dealership need to put clearly put into writing. This should also be in addition to the claims for damages and expenses that can be claimed by both the parties.
  • The authoriser for waiver or modifications of the terms of the agreement should be mentioned in the dealership contract.
  • The governing law that will come into force when the dealership contract is in any way violated needs to be a part of the dealership contract.
  • The dealership agreement needs to get the mutual consent of both the parties with the statement that the dealership contract is read, understood, and agreed upon by both the parties without any coercion or external force coming into play.
  • The process of dealing with defects or damages is a necessary part of the dealership so that such kind of supply chain is established in the agreement between both the parties.
  • The supplier, locations, sales targets should also be clearly documented in the dealership contract so that performance management and appraisal can be done accordingly.

A consulting contract is entered between an organization and a consulting business whereby the company needs the advice of a consultant to aid in its business matters. Various matters related to the relationship between the company and the consultant should be clearly documented in the consulting contract as below:

Points to be kept in mind while preparing a consulting contract:

  • The consulting contract can begin with a date and the names and address of the parties between whom the consulting contract is being agreed upon.
  • It must be ensured that the consultant should have expertise in the area of corporate structure, strategic planning, capital development and implementation and is willing to act as a consultant to the company upon the terms and conditions set forth in the consultant contract agreement.
  • The consulting contract should list the duties of both the parties defining the scope of their work e.g., the matters into which the consultant can analyse and provide solutions and the matters into which the consultant will have no role to play as they are internal and confidential to the company.
  • The consulting contract agreement should list the payment terms based upon which the agreement shall work. The organization should make such payments within the mentioned date and should follow the conditions and mode of payment to the consultant.
  • The consulting contract should mention the time duration for which the contract is being agreed upon mentioning the start and end date. If the contract needs a renewal after a definite amount of time, it should also be clearly mentioned.
  • There should be a clear division of the expenses and who is liable to bear those amounts. The consulting contract should try to list all possible costs and the liable party for those expenses.
  • Finally the consulting contract should also mention the terms and conditions under which the agreement can work and clauses that may lead to termination of the contract.

A vehicle management contract is an agreement between a vehicle owner and a vehicle management company or an individual where the vehicle is managed for a fixed period of time for a specified amount to be paid on a due date of every month. Various vehicle management options are listed in the contract so that there is clear division of all the liabilities.

Sample Vehicle management contract:

The vehicle management contract is made on the 10th day of August in the year 2011 between KC Motors located at 56/89 K, Skyline Lane, Building 2, Star shine Complex, Ottawa, Canada and Maya Nicole who is currently residing at 87 Square Plaza, Hudson Lane, North Dakota.

According to this vehicle management contract, the vehicle bearing number 7658-UI87 owned by Ms Maya Nicole is under the vehicle management of KC Motors for a period starting from 01 Sep 2011 to 31 Dec 2015. This vehicle was bought by Ms Maya Nicole from BMW International on 5th Sept 2006.

Vehicle management contract – Terms and conditions:

  • The owner of the vehicle, Ms Maya Nicole agrees to pay $1500 per month to KC Motors for vehicle management. This amount is due on 5th of every month.
  • KC Motors promises to provide the following services to the vehicle for its well management:
    • Risk Management – Liability Coverage
    • Usage and cost recordkeeping
    • Periodic inspection and maintenance
    • Emergency requirements
    • The charges related to drivers, interior appearance, etc. are at the cost of the owner and KC Motors will not be liable to bear such charges.

Acknowledgement by the parties:

Signature of the owner: Maya Nicole

Signature of the vehicle manager: KC Motors