Your contract with a US buyer: five points that must be in writing

The minimum you must not go below

First, payment terms and the consequences of late payment. Second, the delivery clause under Incoterms and the transfer of risk. Third, quality requirements and the complaints procedure: within what deadlines, with what evidence, with what remedies. Fourth, limitation of liability: your total liability should not exceed the value of the transaction, and indirect damages must be excluded. Fifth, the governing law and the venue for disputes.

Without these five, you are selling on faith, not on a contract.

Choosing the law and the forum

By default the US buyer will propose the law and courts of their own state. As a compromise, international arbitration or a neutral option works well; what matters is that you know what you are agreeing to. The CISG, the convention on international sales law, applies by default between the two countries and is often a reasonable basis.

Do not be afraid to push back with a red line: a professional buyer expects negotiation, not surrender.

The practical format

For the first transactions, a proper order confirmation together with your terms of sale is often enough. A framework agreement is worth drawing up once the cooperation becomes regular. We have a checklist that we can hand to your lawyer so that the US specifics are not forgotten.