Durian sales contracts: clauses to state clearly
With fresh goods, any detail left unstated can become a dispute once the shipment has left. A clear contract lets both sides know what to do and how to handle incidents.
The parties and their roles
State the legal name, address and representative of each party and its role: seller, packer, exporter, importer and carrier.
Goods and specification
- Variety, grade, size, ripeness and appearance.
- Packing specification, labels, batch codes and source information.
- Growing-area codes, packing-facility codes and related certifications.
Acceptance and non-conforming goods
- Where and when acceptance takes place, how samples are taken and the permitted defect rate.
- How non-conforming goods are handled: price reduction, return or rejection.
- The claim deadline and the documents needed when claiming.
Price, delivery and payment
- Price, currency and how long the quote is valid.
- The delivery term with a specific place and the point where risk passes.
- Delivery schedule and how it is adjusted when trucks or the border crossing change.
- Payment method and milestones.
Delay, force majeure and disputes
Set out how delays and force-majeure events (for example a change in border policy) are handled, how notice is given and how disputes are resolved.
Frequently asked questions
Is a quote binding like a contract?
It depends on how the quote and the parties' agreement are worded. For fresh goods, prices are usually valid only briefly, so state the validity period clearly.
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