Practicum Report International Contract
Practicum Report International Contract
Practicum Report International Contract
INTERNATIONAL CONTRACT
COMPILED BY :
CLASS G
TABLE OF CONTENTS
FOREWORD.............................................................................................................................3
CHAPTER 1 INTRODUCTION..............................................................................................4
1.1. Background..................................................................................................................4
CHAPTER 2 CONTENT..........................................................................................................5
CHAPTER 4 END..................................................................................................................22
Conclusion............................................................................................................................22
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FOREWORD
Praise be to God Almighty for His overflow of grace and grace so that we can comple
te this international contract practicum report well. This report was prepared as one of the fin
al projects in the International Contract course at the Faculty of Law, Pasundan University, se
mester 4 (four).
This report contains a summary of the results of the practicum that we have conducted,
which includes an understanding of various aspects of international contracts, from contract f
ormation, implementation, to dispute resolution. In compiling this report, we tried to provide
a clear and comprehensive picture of the process and obstacles that may be encountered in re
al practice.
1. Mr. Mico Juli Fikra, S.H., M.Kn., M.H. as the supervisor who has provided guidance,
knowledge, and direction during the practicum.
2. Fellow students who have worked together in completing this practicum.
We realize that this report is far from perfect. Therefore, we really hope for constructive sugg
estions and criticism from all parties to improve this report in the future.
Finally, hopefully this report can be useful to all parties who read it, especially for those inter
ested in the field of international contracts.
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CHAPTER 1
INTRODUCTION
1.1. Background
The International Contract Practicum is an integral part of the curriculum at the Facult
y of Law, [University Name]. Through this practicum, students are expected to apply theories
learned in the classroom to real-world situations. Students are also trained to understand vario
us issues that may arise in the execution of international contracts and how to resolve them ef
fectively.
Given this background, this practicum aims to provide practical experience and broader insig
hts to students. Through this report, we strive to document the learning process, analysis, and
results obtained during the practicum, which can serve as a valuable reference for the advanc
ement of knowledge in the field of international contracts.
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CHAPTER 2
CONTENT
In a contract regulated in accordance with the provisions of the CISG, the parties in th
is case are those who own companies in different countries that are registered and identified a
s members of the United Nations Convention on Contracts for the International Sale of Goods
(CISG) or in other words the country ratified the convention which can use the format of the
agreement and structure that has been implemented by the CISG. Meanwhile, in ordinary agr
eements, the parties do not have to be registered or part of the CISG, in principle, the same is
freedom of contract. However, there are several things regulated in the CISG that are not incl
uded in ordinary contractual agreements, namely:
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gations reflect a reciprocal relationship where the rights of one party correspond to the obligat
ions of the other.
When drafting a contract under the United Nations Convention on Contracts for the Inter
national Sale of Goods (CISG), several key articles should be included to ensure that the cont
ract is comprehensive and provides clear guidance on the rights and obligations of both partie
s. Here are the essential articles and the reasons for their inclusion:
By incorporating these key articles from the CISG into the contract, the parties can create
a robust and clear agreement that delineates their rights and obligations, provides mechanism
s for resolving disputes, and mitigates risks associated with international sales transactions.
The CISG contains 101 articles organized in a structure divided into 4 (four) main parts, nam
ely:
Part I Regulating the scope (articles 1 to 6) and provisions general (Articles 7 to 13)
Part II Regulating the rules on the formation of contracts Buying and selling interna
tional goods (goods 14 to 24)
Part III Rights and obligations of sellers and buyers issued from contract
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Chapter I General Provisions (Articles 25 to 29)
Chapter II Obligations of General Sellers: Article 30
Section 1 Handover of goods and arrangement of documents
Section 2 Conformity of goods and third-party claims (Articles 35 to 44)
Section 3 Losses due to breach of contract by the seller (Articles 45 to 52)
Chapter III Buyer's Obligations
General: Article 53
Section 1 Payment (Articles 54 to 59)
Section 2 Submission (Article 60)
Section 3 Losses due to breach of contract by the buyer (Articles 61 to 65)
Chapter IV Risks (Articles 60 to 70)
Chapter V General Provisions on Obligations of Sellers and Buyers
Section 1 Anticipation of breach and replacement of contract (Articles 71 to
73)
Section 2 Demages (Articles 74 to 77)
Section 3 Profits (interest) (Article 78)
Section 4 Exceptions (Articles 79 to 80)
Section 5 Impact of cancellation
Part IV Closing Provisions
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CHAPTER 3
THE INTERNATIONAL CONTRACT
With respect,
Based on your request, we hereby submit a quotation for Abaya Cotton with the following sp
ecifications:
Turkish Abaya Gamis with Jetblack material looks luxurious and stylish can be used f
or formal activities, parties, recitations & daily activities. The Turkish Abaya that Aba
ya Arab provides uses Jetblack material or also known as Arabic fabric. This fabric ha
s a more texture, is not easy to wrinkle and anti-fade. The experience of consumers w
ho use Jetblack Gamis says this material is comfortable to wear and does not make it
hot, suitable for formal activities. Jetblack material is widely used by Muslim Fashion
designers as the basic material for Arabic Gamis, Khimar, Cadar, Gamis, Robes, and s
o on.
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Krem mina abaya takim 1 ₺1.000,00
● · Packaging fee
● · Shipping fee
● · Insurance
If you are interested in this offer, please confirm with us no later than 05 June 2024.
Sincerely,
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Acceptance of goods No. 206/A/III/2024
With this letter, we would like to confirm that we have received your letter dated 30 April 20
24 regarding the offer of Abaya Premium Turkish .
For payment, we agree with the EOM (end of month) method offered by your company. Thus
with these prices and quantities we as representatives of Abraham clooths, Saudi Arabia agre
e with the offer you gave.
Respectfully
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CONTRACT OF SALE AND PURCHASE ABAYA CLOTH
This sale and purchase agreement (here in after refereied to as the agreement). This agreemen
t is Made on June 14th 2024 and takes effect Juni 30th 2024
In the name and on behalf of / Representing Maherjee Damascuss, Ltd, a limited liability com
pany incorporated under the Law of Turkey, a Corporation Established in Turkey, Number 19
8. Based on the deed of establishment Number 45.
Abraham clothes, Saudi Arabia a limited liability company incorporated under the Laws of th
e State of Saudi Arabia, Established in RiyadhBased on deed of incorporation No. 65, dated
August 19, 2010, made before a public notary in Saudi Arabia. represented by:
Numbertity : 567897654332
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The first and second parties are referred to as parties together. The first party is a company th
at operates in the field of clothes and accessories. The second party is a Fashion Store compa
ny.
That in that case the parties have agreed and agreed to follow this agreement with all changes
and or additions and or updates and or extensions which are inseparable from this agreement
on the terms agreed upon. The offer was made by the seller on 25th April 2024.
And the buyer's bid response was made on June 04, 2024. Therefore, the parties agreed a s fol
lows In consideration of the premises, the parties agreed a s follows Therefore and in conside
ration of the mutual promises, terms andconditions stated herein, the parties agree as follows :
Article 1
Definitions
Article 2
Description of goods
1. Type : clothing
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2. Quality : Premium Turkish fabrics are made from natural fibers such as cotton or silk t
hat are treated with modern technology to create a soft, smooth and durable texture. T
he quality is often recognized for its meticulous and detailed manufacturing process.
3. Other Details :
● Füme Dubai Abaya Takım
● Krem mina abaya takim
● Bejj ella sifon abaya
● Kurusu ella sifon abaya
Article 3
Price
Article 4
Payment
1. The parties agree that payment will be made using the EOM method, in the amount of
€50,000. No later than 5 (Five) days after the agreement is concluded.
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2. If the buyer does not pay within the specified time limit, then the buyer must pay alon
g with the penalty.
3. Payment made by the Buyer must be sent through the following account:
●Bank name : Emirates NBDE
●Account number : 1340023263451
●In the name of : MAHARJEE DAMASCUS
4. The remaining payment is paid every month on the 25th until the remaining payment i
s paid in full.
5. payment will be subject to a 5% penalty if the buyer is late paying the remaining pay
ment exceeding 3 days from the specified date Payments made outside the account as
referred to in paragraph (3) of this article, shall constitute invalid payments unless agr
eed by the parties.
Article 5
Expenses
1. The part who bears the costs of shipping the goods is the seller of the goods
2. The party who bears the tax costs is the seller of the goods Costs incurred during the d
elivery process are borne by the buyer.
3. The buyer pays the ocean freight charges, freight charges, and insurance.
Article 6
Delivery
1. The parties agree that the method of delivery of goods is Under FOB terms, the seller
bears costs and risks until the goods are loaded on board of the designated vessel. The
seller’s responsibility includes arranging export clearance. At the same time, the buyer
pays the cost of marine freight, bill of lading fees and insurance. He is also responsibl
e for unloading and local transportation costs from the port of arrival to the final desti
nation. Any damage to the goods when on board the vessel is the responsibility of the
buyer.
2. The seller is obliged to deliver the goods to the buyer within 7 working days after rece
iving the initial payment from the buyer.
3. Delivery of the goods will be made through the courier selected by the seller.
4. Shipping costs are borne by the buyer.
5. The seller is responsible for any damage or loss of goods during the shipping process
until the goods are received by the buyer.
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Article 7
Insurance
1. The Seller agrees to take responsibility for arranging shipping insurance for all abayas
delivered to the Buyer in accordance with the terms stated in this agreement. This insu
rance will cover the risk of damage, loss, or other unforeseen events that may occur d
uring the delivery process.
2. The shipment insurance will apply from the time the abaya leaves the Seller's producti
on facility until the time it is received by the Buyer. The insurance period will be adju
sted to the delivery period agreed in this agreement.
3. The amount of insurance will be set according to the value of the delivered goods, whi
ch will include production costs, expected profit, and any other costs associated with r
eplacing or restoring the abaya in its best condition.
4. The seller will act as the insurance policy holder and will provide the buyer with a cop
y of the insurance policy as evidence of the insurance cover arranged.
5. In the event of damage or loss of the abaya during the delivery process, the Buyer will
have the right to make an insurance claim to the insurance company appointed by the
Seller. The Seller will provide full support in the insurance claim process and coordin
ate with the insurance company to ensure the claim is handled quickly and appropriate
ly.
6. The cost of the insurance premium will be borne by the Vendor as part of the producti
on cost of the abaya shirts agreed in this agreement. The Buyer shall have no addition
al obligation in relation to the payment of insurance premiums, unless special conditio
ns are agreed in writing by both parties.
Article 8
Conditions Precedent
This Agreement shall not become binding on either party until the following conditions are m
et:
1. The buyer is obliged to reimburse the shipping cost after the shipping documents are s
ent by the seller
2. The buyer is obliged to provide an advance payment of 50,000 of the purchase
3. The shipment of goods is sent by sea vessel
4. If the goods are damaged, they can be returned with the return costs borne by the selle
r
5. All pre-shipment costs will be borne by the buyer
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Article 9
Condition Subsequent
This Agreement may be terminated by either party by written notice to the other party in the e
vent of any of the following:
1. The Seller fails to deliver the goods to the Islamic Port of Jeddah by 07 July 2024, wit
hout valid reasons and a mutually agreed extension of time.
2. Upon inspection, the clothes delivered do not match the qualifications stated on the ac
ceptance.
Article 10 Representation
s & Warranties
Seller represents and warrants that it has full right, power and authority to enter into t
his Agreement and to sell the goods described herein.
The Seller warrants that the goods are free from any liens, encumbrances, or security i
nterests. The Seller warrants that the packaging of the goods is suitable for internation
al shipping and will protect the goods from damage during transportation.
Article 11
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1. Seller's rights and obligations
a. the seller is entitled to receive payment from the buyer in the amount of ₺2,35
0.000.
b. The seller is entitled to get proof of payment in the form of proof of transfer fr
om the buyer
c. the first party is entitled to receive payment in accordance with the agreement
regarding the conditions and exchange rate of goods and / or services traded.
d. The buyer is required to provide proof of payment for the goods to the seller.
e. the seller is entitled to receive a fine from the buyer if the buyer is late making
paymente. the seller is obliged to sell the goods in good condition and in accor
dance with the agreement of the parties.
f. the seller is obliged to send the goods in accordance with the time specified in
article 6
g. the seller is obliged to send the goods that have been paid in accordance with t
he agreed amount of goods
a. The buyer has the right to receive goods that comply with the specifications, quality a
nd quantity agreed in the contract.
b. The buyer is required to pay ₺2,350.000 has the right to sue if the goods do not compl
y with the specifications specified at the beginning.
c. The buyer is required to provide proof of payment for the goods to the seller.
d. The buyer is required to pay a fine if it does not comply with the specified time.
e. The buyer has the right to cancel the agreement if there are goods that are not suitable
or conditions that are not in accordance with the initial agreement.
f. Buyers are required to pay taxes and import duties when purchasing goods
Article 12
Event of Default
1. Non-Payment: The Buyer fails to make payment for the goods within the stipulated ti
meframe as outlined in Article 4.1.
2. Insolvency: The Buyer becomes insolvent or files for bankruptcy protection.
3. Material Breach: The Buyer breaches any other material provision of this Agreement
and fails to cure such breach within [Number] days of written notice from the Seller.
Upon the occurrence of an Event of Default, the Seller shall have the right to, at its sol
e discretion, pursue any one or more of the following remedies:
1. Demand Full Payment: Demand immediate payment of the entire outstanding amount,
including any accrued interest and late payment penalties.
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2. Terminate the Agreement: Terminate this Agreement and cease any further deliveries.
3. Seek Legal Action: Pursue any other legal or equitable remedies available under appli
cable law, including seeking damages for breach of contract.
Article 13
Remedies
1. Seller's Remedies, In the event of a breach of contract by the Buyer, the Seller reserve
s the right to, at its sole discretion, pursue any one or more of the following remedies:
a. Recover from the Buyer all actual and reasonably foreseeable losses suffered a
s a result of the breach.
b. Lost profits Additional costs incurred due to the breach (e.g., storage, resale)
c. Withholding Delivery: Withholding further delivery of goods until Buyer cure
s the breach or the contract is terminated.
d. Terminate Agreement: Terminate this Agreement and stop further shipments, i
n which case the Seller may also request repossession of goods that have been
shipped that have not been paid in full Payment for goods that have been shipp
ed
e. the seller only bears the cost of shipping costs to jeddah port
f. the cost of damage to goods that occur in transit from the sender's address to th
e jeddah port is borne by the seller
2. Buyer's Remedies, In the event of a breach of contract by Seller, Buyer shall have the
right, at its sole discretion, to exercise one or more of the following remedies:
a. Foreseeable damages suffered as a result of such breach,
b. Profits lost due to the Seller's failure to deliver the goods on time
c. Cancel the order and obtain a full refund for any payments already made to the
Seller.
d. Purchase replacement goods from another source and recover the difference in
cost from the Seller, if the replacement goods are of comparable quality and pr
ice.
e. the cost of damage to goods that occur on the way from the jeddah port to the
buyer's address is borne by the buyer
Article 14
Force Majeure
1. Force Majeure is an event that occurs beyond human ability and cannot be avoided so
that an activity cannot be carried out as it should. a. Natural Disasters including, : Floo
ds, Earthquakes, Storms, Eruptions, Fires, epidemics, Riots, states of war, public sabot
age including large demonstrations and threats of terror are conditions that cannot be a
voided by either the First Party and / or the Second Party.
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2. In the event of Force Majeure the parties must give notice to the other party along wit
h clear evidence of the force majeure situation.
3. In the event of Force Majeure this agreement is temporarily suspended until circumsta
nces permit.
4. In the event of Force Majeure both parties have agreed to bear the loss jointly.
Article 15
Choice of Law
The parties agree that the applicable law for the interpretation and enforcement of this co
ntract shall be the laws of republic turkey without regard to principles of conflict of laws Ar
ticle 16
Choice of Forum
1. This Contract shall be governed by and construed in accordance with the law of Repu
blic Turkey
2. The parties agree to choose the District Court located in turkey as the exclusive forum
for resolving any disputes arising out of or relating to this contract.
Article 17
Language
The parties agreed the official language to be used for the interpretation and performance of t
his contract is English. All official documents and notices shall be prepared and delivered in
English.
Article 18
Notice
1. Notices made by The parties and notices relating to this contract shall be delivered in
writing and sent by registered post or express courier, and shall be deemed to have bee
n received if received within sixty (45) working days from the date of delivery.
2. The validity of the notice shall be deemed to have been received if there is a receipt le
tter from the postal authority. from the postal authority.
3. Notices sent by post by the parties may be sent to the following address
SELLER BUYER
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Maherjee Damascus, Turkey Abraham clooths, Saudi Arabia
Techno, Gonderi, Istanbul Riyadh, Arab Saudi
Email : maherjee01@gmail.com Email : abrahamcloth@gmail.com
Article 19
Termination Of Contract
1. This contractual agreement will end when there is written notification and there are se
veral factors that occur in the agreement; due to a breach of contract committed by on
e of the parties and which can harm the other party.
2. One of the parties who wishes to terminate the agreement is required to send a written
notification letter at least 30 days in advance.
Article 20
Amendment Of Contract
1. All changes and other matters that have not been regulated and/or not sufficiently regu
lated in this agreement will be further discussed by the Parties and the results are set f
orth in an addendum.
2. No amendment relating to any of Seller's obligations or rights shall be effective agains
t Seller unless Seller has consented to such amendment in writing.
3. Renegotiation may be conducted at the request of either party by written notice to the
other party at least 30 (thirty) days prior to the proposed renegotiation date
4. Topics that may be negotiated in this renegotiation include, but are not limited to:
● Price
● Time period
● Scope of work
● Payment terms
The parties agree to negotiate in good faith and try to reach a mutually beneficial agreement.
Article 21
Concluding Close
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As evidence of the truth of the statements made by the Seller Party and the buyer Party menti
oned above, this agreement is signed by the Seller Party and the buyer Party This agreement i
s made in duplicate 2 (two) originals, each of which has the same sound, and has the same leg
al force after being signed by authorized representatives of the parties.
SELLER BUYER
CHAPTER 4
END
Conclusion
International contracts, particularly those governed by the United Nations Convention
on Contracts for the International Sale of Goods (CISG), provide a robust framework for facil
itating cross-border trade. The CISG establishes clear guidelines on the formation, performan
ce, and breach of international sales contracts, ensuring that the rights and obligations of both
sellers and buyers are well-defined and protected.
By adhering to the provisions of the CISG, parties can benefit from a standardized set
of rules that promote fairness and predictability in international trade. Key aspects such as the
conformity of
goods, passin
g of risk, and
X remedies for
X
Salsabila Salma Ankis Aulia
Director of Maherjee Damascuss breach are ex Director of Abraham Clothes
21
plicitly addressed, reducing the potential for disputes and fostering trust between international
trading partners.
Incorporating the CISG into international contracts not only aligns with global legal st
andards but also enhances the efficiency and reliability of international trade operations. It pr
ovides a common legal language and framework that can be understood and applied by partie
s from different legal backgrounds, thereby simplifying the negotiation and enforcement of in
ternational contracts.
In conclusion, the CISG serves as a vital tool for companies engaging in international
trade, offering legal certainty and reducing transactional risks. By carefully structuring contra
cts to include key CISG provisions, parties can ensure that their international transactions are
conducted smoothly and successfully, paving the way for more robust global commercial rela
tionships.
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