Australian Export A Guide to Law and Practice

Exporters selling goods and services will usually agree with the buyer on terms and conditions for the sale. Some of the terms may be in writing. Often, the written terms are little more than a sales order and email correspondences. If there is a dispute between the parties, a court or tribunal will usually be required to work out what the parties intended, using both written terms and ‘implied’ terms. These may be divined from communications and past conduct between the parties, and usual business practices in the relevant industry. There may also be terms that are implied by law in the absence of contrary express and implied agreements between the parties.

Parties to international contracts for sale of goods may incorporate standard terms into their sales contracts, known as ‘incoterms’.

Export documents refer to the range of documents that an exporter must prepare to enable goods to leave the country, be accepted into the country of the importer and, frequently, to enable payment to be made through the international banking system.

The procedure for international sales of goods transactions refers to the steps that need to be taken predominantly by the exporter so that the goods arrive in the importer’s country at the time and by the method of transport agreed between the parties.

Exports of services differ from sales of goods in that the terms of agreements and the procedure adopted by exporters and importers tend to be less standardised and depend upon negotiation between the parties.

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