Termination

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📖 Detailed Explanation

Termination in foreign trade contracts refers to the complete end of the rights and obligations of both parties. It includes both natural termination after normal performance and early termination due to breach of contract, force majeure, mutual agreement, etc. It is commonly used in contract clauses (such as Termination Clause), expiration of letter of credit validity, dissolution of long-term agency agreements, etc. Note: Termination is different from 'Rescission', which usually extinguishes the contract retroactively, while termination generally only takes effect prospectively; it is also different from 'Suspension', which is a temporary stop of performance while the contractual relationship continues. Foreign trade practitioners need to clarify termination conditions, notice periods, post-termination settlement and liability allocation to avoid claims or arbitration caused by unilateral termination. In addition, in force majeure clauses, if the impact exceeds a certain period, either party may exercise the right to terminate.

📝 Examples

1. Because the buyer failed to pay for the goods as agreed in the contract for three consecutive months, the seller issued a written notice in accordance with Article 12 of the contract to terminate the exclusive distribution agreement between the two parties. (Note: Unilateral termination due to breach of contract must comply with the termination conditions stipulated in the contract.) 2. Through friendly negotiation, both parties agreed to terminate the agency contract early and agreed to complete the settlement of all outstanding commissions and inventory handling within 60 days after termination. (Note: For termination by mutual agreement, post-termination settlement arrangements must be clearly defined.)

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