International Sales Terms

An initial chapter provides an introduction into CISG and Swiss law (as proposed proper law of the terms of sale) with respect to such legal areas which do not fall within the scope of the CISG (e.g. transfer of claims, offsetting, periods of limitation, validity of contracts etc.) and examines deviations in this context in comparison with other more significant legal systems (especially Anglo-American law). Additionally important general legal issues regarding international purchase agreements are discussed (incl. American and European export control and antitrust regulations) and ways for effective incorporation of general terms and conditions into international agreements are pointed out (incl. in consideration of the issue regarding colliding terms and conditions). The main section of the book contains annotated international sales conditions (incl. terms of payment, retention of title, delivery obligations, passing of risk, conformity of the goods with the contract and legal remedies in case of non-conforming goods, non-disclosure agreements, limitation of liability, cancellation of an agreement, provisions with respect to choice of law, arbitration court and place of jurisdiction). The content of every provision as well as its effect on the basis of the applicable law are discussed and analyzed in more detail. Alternatives for drafting individual provisions are pointed out for special key terms of the contract.