Wednesday 20 Sep 2017

Customized Contracts

If you or your suppliers have specific demands that differ from the TSA (Transaction Services Agreement), you’ll need to explicitly state them in writing in a separate contract.

For example, the default TSA dispute resolution method is to go through Alibaba.com first and then appeal (if desired) through arbitration in Hong Kong.  This might not be ideal for you.  You might want the right to sue your suppliers in the United States.  If so, you’ll have to specifically carve out this right in a separate written agreement.

Obviously, drafting customized contracts can get very complicated and expensive.  It’s probably not worth the hassle and cost for small deals, but might make sense for larger ones.  Definitely consult a lawyer if you think this is something worth doing.

 

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