Foreign Sales and Export Contracts
INTERNATIONAL SALES AND EXPORT CONSULTANCY AGREEMENT
I. Parties
This agreement is signed between …………………………………. ( COMPANY ), residing at …………………………………. address, and …………………………………. ( CUSTOMER ) , residing at …………………………………. address , on ../../….
II. Subject of the Agreement
This agreement the delivery of the CUSTOMER's products to foreign markets for export, including:
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Communicating with international buyers and conducting contract negotiations
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Preparation of export documents and registration with the relevant chambers/associations,
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Customs procedures are carried out within the framework of the Customs Law No. 4458 .
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Letter of credit transactions and fulfillment of foreign exchange obligations,
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This document concerns the consulting and operational services that the COMPANY will provide to the CUSTOMER regarding the preparation of files related to export refunds under the VAT Law
III. Rights and Obligations of the Parties
1. Customer Responsibilities
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To provide the COMPANY with all necessary information, documents, and paperwork in a timely manner to ensure the smooth running of the export process .
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To ensure that the goods comply with international standards and the quality requirements specified in the contract.
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The seller acknowledges that all liability arising from delays and quality defects rests solely with them, except in cases of force majeure.
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Responsible for certificate of origin, ATR certificate, freight, insurance, chamber of commerce fees and other legal payments.
2. Company Obligations
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Preparing export documents in accordance with regulations and carrying out customs procedures.
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To promptly inform the CUSTOMER of international buyer orders and payment confirmations.
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To keep the documents provided by the CUSTOMER confidential (Turkish Code of Obligations, Article 506).
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To ensure that goods are delivered in accordance with customs regulations.
(Supreme Court 11th Civil Chamber, Case No. 2015/4232 E., Decision No. 2016/7421 K.: It has been ruled that liability arises if the parties fail to fulfill their obligations in an export contract.)
IV. Fees and Payments
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The CUSTOMER shall pay the COMPANY a service fee of %…. of the invoice amount for each exported product within …. business days of the actual export taking place.
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In case of delay in payment, the CUSTOMER shall be deemed in default without any prior notice and shall pay default interest at a rate of %…. per day for each day of delay (Turkish Code of Obligations, Article 120).
V. Force Majeure
In the event of unforeseen circumstances beyond the parties' control, such as earthquakes, floods, war, strikes, international embargoes, or pandemics, the parties are relieved of liability due to force majeure. If the force majeure event lasts longer than 90 days, the parties may terminate the contract.
VI. Privacy
The parties agree not to disclose trade secrets and documents obtained under this agreement to third parties. A penalty of USD 10,000 is stipulated for breach of this provision.
VII. Termination
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If either party breaches its obligations, the other party may terminate the contract by giving notice within 30 days.
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In the event of termination, existing debts do not disappear.
VIII. Competent Court
The Istanbul Central Courts and Enforcement Offices shall have jurisdiction over any disputes arising from this agreement. However, the parties may, if they wish, resort to international arbitration within the framework of the ICC Arbitration Rules.
(Supreme Court of Turkey, 15th Civil Chamber, Case No. 2014/5623, Decision No. 2016/2451: Arbitration clauses are valid and binding on the parties in international contracts.)
IX. Entry into force
This agreement was drawn up in …. copies on ../../…. and entered into force after being read and signed by the parties.
CUSTOMER (Stamp/Signature)
COMPANY (Stamp/Signature)
YAĞMUR YORULMAZ, LAW FACULTY STUDENT