General Terms

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📖 Detailed Explanation

General Terms are the core part of a foreign trade contract or agreement that stipulate universally applicable rules, typically covering basic content such as payment methods, delivery conditions, inspection standards, claims, force majeure, and arbitration. They differ from 'Specific Terms' that target a particular transaction, which apply only to a single deal; they also differ from 'Standard Terms,' which often refer to pre-drafted form clauses by one party. Usage scenarios include: signing long-term framework agreements, sales confirmations, and terms on the back of purchase orders. Precautions: 1) General Terms must be coordinated with Specific Terms; in case of conflict, Specific Terms usually prevail; 2) Their legal effect should be clarified to avoid conflicts with international rules such as the United Nations Convention on Contracts for the International Sale of Goods (CISG); 3) Different countries have different legal interpretations of General Terms, so it is advisable to specify the applicable law and dispute resolution method. Examples can help understand their position in real business.

📝 Examples

1. The General Terms of this contract include: payment by sight letter of credit, delivery terms FOB Shanghai, inspection based on the inspection certificate at the port of shipment, and claims must be raised within 30 days after the goods arrive at the port of destination. (Note: This demonstrates a common combination of General Terms, covering payment, delivery, inspection, and claims.) 2. Both parties agree that the General Terms of this order shall apply the seller's standard sales conditions, but in case of conflict with Specific Terms, the Specific Terms shall prevail. (Note: This emphasizes the priority relationship between General Terms and Specific Terms to avoid disputes.)

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