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Commercial Terms Extraction

A negotiation happens across weeks of email and calls. The contract arrives as thirty pages of annexes. The gap between the two is where most disappointment in China sourcing actually lives, and it is a reading problem long before it is a legal one.

In short: we read the contract and all its annexes and pull the commercial terms into one English table, then set that table beside what you tell us you agreed in negotiation — so you can see what made it into the document, what changed on the way in, and what quietly did not arrive at all. From US$250.

The commonest finding is not an unfavourable term. It is a favourable one that was agreed on a call and never written down.

What we pull out

FieldWhy it earns a row
Price basis and currencyWhether the price is fixed, indexed, or open to adjustment — and on whose say-so
Incoterm and named placeAn Incoterm without a named place is not a term. See our Incoterms guide
Payment schedule and triggersWhat event releases each instalment, and who certifies that it happened
Lead time and its start dateFrom order, from deposit received, or from artwork approval — three very different contracts
MOQ, tolerance and over/under-shipmentWhether you must accept, and pay for, a quantity you did not order
Inspection standard and acceptanceWhich standard is named, sampling plan, and what happens on failure
Warranty and remedyDuration, what it covers, and whether the remedy is repair, replacement or credit
Liability cap and exclusionsThe number, and what sits outside it
Tooling and mould ownershipWho owns it, who holds it, and what it costs to move it
IP, samples and drawingsWhat the supplier may do with your designs, and whether they may sub-contract
Force majeure and price adjustmentWhether trade-measure changes are inside or outside the clause
TerminationNotice, cause, and what happens to work in progress and tooling
Governing law and forumWhat the document says, recorded as a fact — not assessed

The second column is the point

Extraction alone is useful; the comparison is what people actually pay for. Before we start, you send us whatever record you have of the negotiation — an email thread, a term sheet, a quotation, notes from a call. We put your version beside the contract’s version, line by line, and mark each row matches, differs, or not found in the contract.

You are then having a specific conversation with your supplier — “clause 7.2 says forty-five days, your email of 3 June says thirty” — instead of a general one about trust. Specific conversations get resolved before signature. General ones get postponed until there is a problem.

What we do not do with it

We do not tell you the liability cap is too low, that you should ask for FOB instead of EXW, or that a clause would not hold up. Those are judgements about your risk and about the law, and they belong to you and to your lawyer respectively. Our table is deliberately built to be handed over: every row cites the clause number, so counsel can go straight to it. See what we don’t do for where that line sits and why we publish it.

The deliverable. A terms table with a clause reference against every row, a comparison column against your negotiated position, and a short list at the front of everything marked differs or not found. Where the contract is bilingual we work from the version your document says prevails — and if that is the Chinese text, book the version check as well.

Ready to get this sorted?

Book a 45-minute consult. We map your situation to the right process, tell you honestly what is and is not possible, and give you a fixed fee. No obligation.

Book a consult · US$120 Credited in full against any service you go on to book.