Activity 7 - modulo 2 PDF

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modulo 2 ...

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Name: Brandon Jesús Sánchez Pérez

Enrollment: 2823890

Name of course: international

Name of teacher: Jaime Ignacio

contracts.

Cervantes Castellanos.

Module: 2 INTERNATIONAL

Activity: 7 International Franchise

CONTRACTS

Agreement.

Date: 21/09/20 Bibliography:   

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Gonz ál ez ,A.( 2014) .Compr av ent aI nt er naci onal .Méx i c o:T ax . CCI .( 2015) .Cl áus ul aAnt i c or r upci ón.2015.Ret r i ev edf r om ht t p: / / www. i c cme x . mx / upl oads / I CC. Ant i c or r upt i onCl aus eebook . pdf UNI DROI T.( 2010) .Pr i nci pi osUNI DROI T.Ret r i ev edf r om ht t p: / / www. uni dr oi t . or g/ s pani s h/ pr i nci pl es / c ont r ac t s / pr i nc i pl es2010/ bl ack l et t er 2010s pani s h. pdf UNCI TRAL.( 2015) .CI SG.Ret r i ev edf r om ht t p: / / www. unc i t r al . or g/ pdf / s pani sh/ t ex t s/ s al es / c i s g/ V1057000CI SGs . pdf

OBJECTIVE: To write a proper International Franchise Agreement according to the UNIDROIT principles. INSTRUCTIONS AND RESULTS: 1. Write a case of International Franchise 1. (the name of the company as the case is fictitious) Case of the franchise of Japanese chocolate shops to enter Mexico. 2. Include the elements needed to make a Letter of Intent for your case 1. The Japanese company of chocolates with the name CHOKOKAT, are in the process of signing for the final contract, but the Mexican company that will support the franchise to CHOKOKAT will send a preliminary agreement for the final elaboration of the contract to be entered into, which will draw up a letter of intent where the following is mentioned: 1. Price: An estimate of the price will be made by the name of the company, since this will be the first Japanese chocolate company in Mexico. with an amount of $ 70,000 pesos

2. Product / Service / Detail: the product to be awarded will be: the elaboration of the chocolate, training and constant training to be able to sell as much as possible the same merchandise abroad as in the country of origin. It will be a cafeteria service as sold in Japan type cafe, maid. 3. Payment and method of payment: The first form of payment will be credited with bank deposits, the bank which will be established with a letter of credit through the Japanese bank (exporter) and the Mexican bank (importer). 4. Date of the final signature of the contract: By accepting or reaching a timely resolution, the date could be stipulated on October 2, 2020. 5. Coin: dollar. 6. Incoterm: DDP if the company already has a franchise in Mexico, if this is not the case, the icoterm would apply: CIF 7. Applicable law: Article 1.2 freedom of form 8. Place of signature of the contract (if applicable) signature: The place where the signature will be established will be at the Mexican embassy at Av. Paseo de la Reforma 243, Col. Renacimiento, Cuauhtémoc, 06500 Mexico City, CDMX. 9. Project leaders / legal representatives: Responsible for the export of CHOKOKAT and responsible for the import 10. Preliminary obligations of the parties: Carry out a pre-analysis of the contract before the respective travel movements for a final signature. 11. Confidentiality and non-competition: The purchase / rental process of the Japanese franchise in Mexico will be kept strictly confidential. 12. Intellectual property signature management (if applicable): The customs agent of the importing country (MEXICO) signs. 3. Prepare a franchise agreement to safeguard the interests of the parties, and underline in black the ICC model clauses you added 1. Contract between the Japanese franchise store CHOKOKAT and its first branch in Mexico: 2. It is stated that the lessor (exporter) and the lessee (importer) will agree to the clauses which are stipulated below:

1. Price: An estimate of the price will be made by the name of the company, since this will be the first Japanese chocolate company in Mexico. with an amount of $ 70,000 pesos 2. Product / Service / Detail: the product to be awarded will be: the elaboration of the chocolate, training and constant training to be able to sell as much as possible the same merchandise abroad as in the country of origin. It will be a cafeteria service as sold in Japan type cafe, maid. 3. Payment and method of payment: The first form of payment will be credited with bank deposits, the bank which will be established with a letter of credit through the Japanese bank (exporter) and the Mexican bank (importer). 4. Date of the final signature of the contract: By accepting or reaching a timely resolution, the date could be stipulated on October 2, 2020. 5. Coin: dollar. 6. Incoterm: DDP if the company already has a franchise in Mexico, if this is not the case, the icoterm would apply: CIF 7. Applicable law: Article 1.2 freedom of form 8. Place of signature of the contract (if applicable) signature: The place where the signature will be established will be at the Mexican embassy at Av. Paseo de la Reforma 243, Col. Renacimiento, Cuauhtémoc, 06500 Mexico City, CDMX. 9. Project leaders / legal representatives: Responsible for the export of CHOKOKAT and responsible for the import 10. Preliminary obligations of the parties: Carry out a pre-analysis of the contract before the respective travel movements for a final signature. 11. Confidentiality and non-competition: The purchase / rental process of the Japanese franchise in Mexico will be kept strictly confidential. 12. Intellectual property signature management (if applicable): The customs agent of the importing country (MEXICO) signs. 3. It is stated that in the same way with the previous clauses if the tenant does not comply with the payment for the service, he will be in breach of one of the clauses and will be in accordance with Article 7.1.4 according to UNIDROIT.

4. Analyze the terms of the contract in the light of the UNIDROIT Guide on Master Franchise 1. The terms of the contract are clearly stipulated, and through the guidance of UNIDROIT, free trade will be maintained in these as well as the articles will be established according to the organization for future and undesirable breaches of the contract, which the most serious it could be non-payment. 5. Give your final opinion 1. To end this activity, it is pleasant to mention that thanks to being able to analyze and prepare a fictional case of an international franchisee, I was able to realize that the strict and meticulous way of preparing both the letter of intent and the final contract in order to be executed, have to agree both parties who have to give their points of view, to be able to specify all the pros and cons of said contract....