Brooks Pierce partner Charles Baldwin and attorney Ryan Fairchild recently wrote an article on negotiating a contract in the United States for foreign companies looking to do business here for GGI Insider, the publication for Geneva Group International (GGI), an international alliance of law, accounting and consulting firms.
The article, titled “Contracts and Dispute Resolution in Sales of Goods to US Customers,” discusses four items to address when deciding to sell goods in the United States through a U.S. buyer, distributor or representative. Baldwin and Fairchild explain the importance of correctly identifying party information; accurately describing the goods, prices, performance and delivery of products; outlining the scope of liability, warranties, representations and allocation of risk; and considering methods of dispute resolution.
“U.S. law does not provide basic contractual legal terms, so any written agreement is primarily a matter of private contract,” the article states. “Because parties may contract freely, you should not use a simple purchase order or form document. If you do, you may miss key terms.”
The article can be viewed here.