Why Might a Solid Sales Contract Save Your Company?
A contract might not look large when a commercial agreement is proceeding without problems. But when issues arise—like late payments, incorrect delivery, or broken goods—it becomes absolutely crucial. A strong sales contract is about ensuring everyone understands what is anticipated, regardless of what transpires, not about not trusting the other side.
These are the main things to look for in a sales contract to protect your company.
Know the Laws: Which ones apply, and where can conflicts arise?
If you are marketing to someone overseas, you must be clear on two points: Which national legislation will apply to the agreement? And where will it be sorted out should something go wrong? Should products be transported from the UAE to Europe, for instance, the contract should specify whether UAE law or European law applies. Legal arguments without this can get chaotic.
Deciding where conflicts will be resolved—like a court in one nation or arbitration—is also wise. Choosing this ahead of time can help to avoid many problems down road.
For foreign purchasers, their local courts could be the most practical solution for payment problems.
Clearly state the details—what you are selling.
Though ambiguous contracts might lead major issues, it’s simple to assume this section is clear. Verify the contract to make sure it addresses
exact product characteristics, including size, quality, or model numbers.
Perhaps with some leeway (such as “100 units, plus or minus 5%”), the quantity.
Who looks at quality and determines whether it is sufficient?
Being really clear here helps to avoid disputes about promised outcomes.
Delivery, Payment, and Who Should Take Risk?
In company, timing counts. Say not only “delivery next month,” but also “delivery by March 15 at Jebel Ali Port.” It maintains correctness.
Sort also who pays for what—shipping, taxes, customs fees? And when formally does the customer own the goods? Should something go wrong, this information can make a significant difference.
- Specify exactly what you want paid for.
- Due within thirty days of delivery.
- Just a bank transfer; no checks or cash.
- Late payments attract an 8% yearly interest charge.
Well defined payment policies help to avoid ambiguity and pursuit of individuals.
Anticipate the Unexpected: The “What If” Clause
Sometimes events—like a flood, war, or epidemic—that none of us can influence occur. Should something major come in the way, a force majeure clause can let either side stop or call off the agreement. It should consist of:
Events including government regulations or natural calamities.
A time restriction such as “if it lasts over 90 days, either side can walk away.”
But let it not include typical commercial risks like pricing fluctuations; such are inevitable.
Never rely just on “standard” terms. Although they are useful for shipping and delivery, standard terms including Incoterms (FOB, CIF, etc.) do not cover everything. They skips things like quality checks or payment plans. Make sure the contract incorporates these specifics and that nothing runs counter to the primary agreement.
The major lesson is to keep everything clear and be safe. A good contract accomplishes three things:
Stops mix-ups by enforcing well defined policies.
saves money by skipping court battles.
Establishes confidence via equitable conditions for both sides.
Ask yourself, before signing, “What’s the worst that could happen?” Check then to see if the contract addresses it. This is a basic trick with always success.
About sales contracts, what do you suppose? Has a missing detail caused you problems recently?
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