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Forward Sale Contract for India

Forward Sale Contract Template for India

A Forward Sale Contract under Indian law is a legally binding agreement where a seller commits to delivering specified goods to a buyer at a predetermined future date and price. This document comprehensively outlines the terms and conditions of the forward sale, including detailed specifications of goods, pricing mechanisms, delivery schedules, and quality parameters. Governed by multiple Indian legislations including the Indian Contract Act 1872 and Sale of Goods Act 1930, it provides essential safeguards for both parties while ensuring regulatory compliance with the Forward Contracts (Regulation) Act 1952.

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What is a Forward Sale Contract?

The Forward Sale Contract is essential for businesses engaging in future-dated transactions where goods are to be delivered at a later date for a price fixed at present. This document type is particularly crucial in Indian commercial transactions where parties seek to lock in prices and ensure supply security while managing market volatility. It incorporates key elements required under Indian contract law, including detailed specifications about the goods, delivery terms, quality parameters, and payment mechanisms. The agreement is structured to comply with multiple Indian legislative frameworks, particularly the Indian Contract Act 1872, Sale of Goods Act 1930, and Forward Contracts (Regulation) Act 1952. It's commonly used in commodity trading, manufacturing, and agricultural sectors where advance planning and price certainty are crucial for business operations.

What sections should be included in a Forward Sale Contract?

1. Parties: Identification and details of the seller and buyer, including registered addresses and company registration numbers

2. Background: Context of the forward sale agreement, including the nature of goods/commodities being sold

3. Definitions: Key terms used throughout the agreement, including technical terms, payment terms, and delivery-related definitions

4. Subject Matter of Sale: Detailed description of the goods/commodities being sold, including specifications, quantity, and quality parameters

5. Price and Payment Terms: Forward sale price, payment schedule, method of payment, and any advance payments required

6. Delivery Terms: Delivery schedule, location, method, and conditions for delivery of the goods

7. Quality Specifications: Detailed quality parameters, testing procedures, and acceptance criteria

8. Risk and Title: Transfer of risk and ownership provisions, including insurance requirements

9. Representations and Warranties: Statements and guarantees made by both parties regarding their capacity, authority, and the goods

10. Events of Default: Circumstances constituting default and consequences thereof

11. Force Majeure: Provisions for unforeseen circumstances affecting contract performance

12. Dispute Resolution: Mechanism for resolving disputes, including jurisdiction and governing law

13. General Provisions: Standard boilerplate clauses including notices, amendments, and severability

What sections are optional to include in a Forward Sale Contract?

1. Performance Security: Required when additional financial security is needed, specifying bank guarantees or other security instruments

2. Price Adjustment Mechanism: Used when parties agree to adjust prices based on market conditions or specific indices

3. Storage and Warehousing: Needed when the goods require storage before delivery

4. Quality Certification: Required when third-party quality certification is necessary

5. Export/Import Provisions: Included for international forward sale contracts

6. Regulatory Compliance: Required when dealing with regulated commodities or specific industry requirements

7. Hedging Obligations: Included when parties agree to specific hedging requirements

8. Sustainability Requirements: Used when environmental or sustainability standards must be met

What schedules should be included in a Forward Sale Contract?

1. Product Specifications: Detailed technical specifications of the goods/commodities

2. Delivery Schedule: Detailed timeline of deliveries including quantities and locations

3. Price Calculation: Formula or mechanism for price calculation if applicable

4. Quality Testing Procedures: Detailed procedures for quality testing and acceptance

5. Required Certifications: List of required certificates and compliance documents

6. Key Personnel: Contact details of key personnel responsible for contract execution

7. Form of Performance Security: Template for bank guarantee or other security instruments

8. Standard Operating Procedures: Procedures for delivery, acceptance, and dispute handling

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

India

Publisher

Genie AI

Document Type

Sales Contract

Sector

Sales

Cost

Free to use
Relevant legal definitions










































Clauses







































Relevant Industries

Agriculture

Manufacturing

Mining

Commodities Trading

Textiles

Energy

Metals and Minerals

Chemical Industry

Food Processing

International Trade

Relevant Teams

Legal

Procurement

Sales

Commercial

Risk Management

Supply Chain

Operations

Finance

Compliance

Trading

Relevant Roles

Commercial Director

Procurement Manager

Sales Manager

Contract Administrator

Legal Counsel

Risk Manager

Supply Chain Manager

Trading Manager

Operations Director

Finance Manager

Compliance Officer

Business Development Manager

Industries






Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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