Sale General Conditions
What is it used for?
It is a document that details the general conditions that a seller (exporter) offers to a buyer (importer) for the supplying of goods or for rendering a service. It is usually used for repetitive sales or for sales with a medium or small total amount; which are operations where it is not necessary to enter into a contract.
Who prepares it?
Usually, it is the exporter who takes the initiative, but sometimes if the importers are big companies (such purchasing centrals, chains of hypermarkets, multinationals, etc) they have their own model, which constitutes some buying general conditions–known as contract terms, for the suppliers that have been homologated.
Who is it addressed to?
To the importer or the exporter.
Practical advice
The document of General Conditions must include the most important aspects of the international sale, such: a description of goods, price and payment conditions, delivery conditions (Incoterms), etc. It can also include some other specific conditions, typical of contracts, like a domain name reservation, delivery and risk transfer or the applicable
law.
They are usually attached to the commercial offer or they can also be provided in the
purchase order overleaf. General conditions are applicable for all the exporter’s supplies and assistances if the parties have not specifically agreed other conditions in written. Likewise, they are only legally binding for the exporter when he has confirmed them in written and they have been ratified with his authorised signature.
Documentary obligation in accordance with the agreed Incoterm
Either the exporter or the importer can issue this document for all Incoterms (from EXW to DDP), without exception, because it is part of the usual documentation for foreign trade operations.