International
How can legal problems be avoided in import and
export transactions?
Although cross-border trade offers significant growth opportunities, it also entails legal risks. Depending on the case, those importing or exporting products must comply not only with the supplier’s or customer’s country’s national regulations, but also with international trade, tax, and customs regulations. Without legal support, disputes with suppliers or carriers may arise, as well as problems with product conformity, delays at customs, or blockages in the flow of goods. For example, this could occur due to incomplete or incorrect contract or delivery documents.
To avoid these risks and leverage the legal options offered by international contract law, do not simply use General Terms and Conditions (GTC) designed for domestic business relationships. It is advisable to have specific GTCs for foreign purchase transactions (import GTCs) and GTCs for foreign sales transactions (export GTCs) that are tailored to your company, legally secure, and optimized based on the UN Convention on Contracts for the International Sale of Goods (Vienna Convention of April 11, 1980 (CISG)).
The CISG offers companies greater contractual freedom and legal flexibility, creating uniform rules for all foreign business partners. The CISG helps secure international obligations, avoid conflicts of interpretation between different legal systems, and standardize the legal situation for cross-border sales contracts, whether in France, Germany, or other countries. Our law firm works closely with foreign colleagues from our a-Global partner network.
Our lawyers specializing in international commercial and trade law assist you in structuring import and export transactions in a legally compliant manner, optimizing costs and avoiding pitfalls. We pay particular attention to ensuring that international sales contracts include clear provisions regarding delivery times, quality standards, and liability issues to maximize security and efficiency in global goods traffic.
Summary
Is a company liable for the conduct of its foreign supplier?
In certain cases, a company can be held responsible for its suppliers’ actions abroad. An increasing number of countries are now imposing transparency and due diligence requirements throughout the supply chain. This means that if a supplier violates human rights, uses forced labor, or causes environmental damage – even on the other side of the world – the commissioning company can be held liable. Such violations lead not only to legal sanctions and financial risks but also to reputational damage. Our lawyers specializing in international business and trade law can help you establish the appropriate contractual provisions, such as compliance, audit, and liability exemption clauses. They can also support you in complying with legal requirements for supply chain responsibility in France, Germany, or a third country, working closely with our foreign colleagues from our a-Global partner network.
Can a company delegate its import and export business to a trustworthy partner?
A company can transfer the management of its international purchasing or sales processes to a local partner, for example, through a distribution or concession agreement. The partner acts in its own name, meaning the company does not need to establish a branch abroad.
This straightforward, cost-effective solution allows companies to tap into new markets and expand their international business activities while maintaining legal and financial control.
Our lawyers specializing in international commercial and trade law can help you draft distribution or concession agreements that comply with the law. Our goal is to protect your interests comprehensively and minimize legal and economic risks in France, Germany, and third countries. We work closely with our foreign colleagues from our a-Global partner network to achieve this.
How can you legally protect your purchases abroad?
Purchasing from abroad often involves specific risks, such as delivery delays, defective goods, blocked deliveries, and unexpected additional costs. To avoid these issues, it is crucial to establish a legally binding contract that includes a detailed description of the purchased item, binding delivery deadlines, warranties or guarantees, and specific provisions for performance disruptions.
Without a solid contractual basis, it can be difficult or even impossible to enforce your claims against a foreign supplier in the event of a serious incident.
Our lawyers specializing in international commercial and trade law can support you in drafting and negotiating international sales contracts to protect your company at every stage of the materials procurement and management processes. This applies to purchasing transactions with suppliers in France, Germany, and other countries, in close cooperation with our foreign colleagues from our a-Global partner network.
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