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Making use of model arbitration clauses is far from ideal

Import, Export, Distribution

The Netherlands as "Gateway to Europe".

No doubt because of its huge, sophisticated and modern sea ports (Rotterdam), important air traffic hub (Amsterdam), good infrastructure and stable political climate. The Netherlands is therefore often used as base for import, export, distribution purposes and for logistical operations.

Selling or buying goods and services across national borders triggers a variety of tax and legal issues. Whether your target market and area of distribution is within or outside the Netherlands.

Contracts need to be drafted covering sale and purchase, distribution, franchising, agency and supply chain services. Kiveld has developed a checklist as a tool when negotiating such contracts.

When importing or exporting and distributing goods, your attention should be on issues like:

  • Appointment of distributors/agents/franchisees
  • Exclusivity, competition
  • Delivery and payment terms
  • Indemnities, limitation of liability
  • Product liability, quality complaints
  • Liability limitation of logistical service providers
  • Risks, insurance
  • ICC Incoterms, Bill of Lading and Charter-party terms
  • Payment tools, letters of credit
  • IP protection/title retention
  • Duration and termination of contracts
  • Using general business conditions
  • Governing law, dispute resolution
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