Commercial Law and Distribution Law
If transactions concern foreign companies, there is always the question of whether or not the foreign partner is solvent and will remain so. The easiest and safest method of hedging for exporting entrepreneurs would be the full pre-payment of the purchase price prior to delivery.
However, this will not always be accepted by foreign business partners, of course depending on the industry and the product offered. It is therefore important – possibly before signing the contract – to verify the credibility of the business partner by the principle: “Better check before, than argue later”. There are various possibilities at hand: commercial register, register of individual business, websites, credit agencies and debtors registers. Regardless of the potential contractor examination, the purchase contract used in international trade should contain the items which ensure that the seller will not end up empty-handed, because there was no payment of the purchase price. We strongly recommend to check, whether you will take into consideration the United Nations Convention on Contracts for the International Sale of Goods. In this process, do not isolate the choice of law from the venue.
Our attorneys and lawyers have extensive experience and expertise in the following areas:
- drafting, reviewing and negotiating of distribution contracts on the basis of the Polish legal system,
- consultation on the establishment of sales structures in Poland,
- consultation on drafting of general terms and conditions,
- drafting, reviewing and negotiating of agency contracts and authorised dealer contracts,
- preparing and negotiating of collaterals such as reservation of title, bank guarantee and voluntary submission to enforcement,
- consultation on the application of the United Nations Convention on Contracts for the International Sale of Goods,
- consultation in connection with product liability.
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