Introduction
What services does Paction offer?
Paction walks you through the preparation of a draft
contract and gives you as much help as you need. Once the draft is ready, you
can offer it to your counterparty. The counterparty will have full access to Paction
help for a complete understanding of the terms. Your counterparty can either
accept your draft, or edit the draft and return a counteroffer. When you receive
the counteroffer, you will be able to see the differences from your original
draft highlighted. The negotiation process can be carried on until you agree on
a mutually acceptable wording.
At that point, you have a tailormade contract, based on
the extensive research and expertise of the ICC’s expert groups. You can print
it out and sign it, or you can simply sign it online – with or without a digital
signature.
The contract is securely stored by us for your future
reference.
Contract Preparation
We provide our users with extensive assistance, if they
want it, both on screen and in the form of help manuals, to enable even a novice
trader to prepare an international sales contract tailored to their needs. Those
familiar with such contracts can shortcut the help and prepare a bespoke
contract in a matter of minutes. We store each draft version of the contract in
a secure server, appropriately time and date stamped.
Contract Negotiation
Once the party offering terms has indicated that they are satisfied with the
draft contract, Paction notifies the counterparty by email that terms of contract
have been offered to them. Once registered, the counterparty can review the
offer and, with the assistance of all the help available on Paction, make any
necessary amendments.
If no such amendments are required, the terms offered being acceptable, the
contract can be signed online, with or without a digital signature, or printed,
signed and exchanged in the traditional way.
If the terms on offer are not entirely acceptable a counter offer can be
prepared. Once the party making the counter offer is satisfied with the proposal
Paction notifies the other party and the process continues in this way until terms
are agreed. Each counter-offer is clearly marked up to show the changes that
have been made.
When an offer or counter-offer is made the offering party sets the time limit
during which the offer can be accepted. Once this expires the contract is
automatically withdrawn by Paction and both parties are notified accordingly. While
an offer is pending the party making the offer can withdraw the offer at any
time.
Contract Storage
Each offer and counter-offer is stored by Paction on a secure server. Once terms
are agreed Paction stores the contract which bears the time and date stamp
evidencing the agreement between the parties. The parties can also download a
copy of the contract for their records.
Usage Rules
Withdrawal - a party can withdraw an offered contract at any
time before the offer is accepted by the counterparty. In this event an
email will be sent automatically to the counter party notifying them that the
offer has been withdrawn. Only the party who withdrew the offered
terms may re-offer them.
Expiry - the offered contract will be set to automatically
lapse after a suggested 30 days. The party making the offer can vary that time
period at the time they make the offer. Once the offer lapses an email is sent
notifying both parties. The party who last offered the expired contract can
re-offer it.
Mistake - parties are responsible for their own input
errors.
Finality - Once an
approved contract has been signed by the counterparty it will be
binding on both parties. A party can
only seek to avoid being bound by the contract by referring to any remedies given under
the law chosen to govern the contract or, under the terms of the cancellation clause (if any)
in the event that delivery of the goods is delayed.
See also the service terms and conditions