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合同大全

英文合同

時(shí)間:2023-03-11 23:49:00 合同大全 我要投稿

英文合同范文八篇

  在人們?cè)絹碓较嘈欧傻纳鐣?huì)中,合同的用途越來越廣泛,簽訂合同可以使我們的合法權(quán)益得到法律的保障。合同有不同的類型,當(dāng)然也有不同的目的,下面是小編整理的英文合同8篇,供大家參考借鑒,希望可以幫助到有需要的朋友。

英文合同范文八篇

英文合同 篇1

  Party A (Inviter):甲方(邀請(qǐng)方):

  Person in Charge:負(fù)責(zé)人:

  Phone: 電 話:

  Party B (Performer):Festival Chamber Orchestra 乙方(演出方): 節(jié)日室內(nèi)樂團(tuán)

  Person in Charge:負(fù)責(zé)人:

  Phone: 電 話:

  As Party A requested, Party B will provide orchestra performance service for Party A. The contract of the performance service is as following after friendly negotiation between the two parties:

  受甲方委托,乙方為甲方提供管弦樂演出服務(wù)。經(jīng)雙方友好協(xié)商,特簽署如下演出服務(wù)合同:

  I. BASIC CONDITIONS: 基本概述:

  A, Number of people in the performance: 演出人數(shù):

  B, Venue of the performance: 演出地點(diǎn):

  C, Time of the performance: year/month/date/time____ (All the performers will arrive at the venue 15 minutes prior to the start of the performance. Each performance will be within 90 minutes. There include 10 minutes break between the two halves. Extra time's performance required by Part A cost extra pro rata.)

  演出時(shí)間:____年___ 月___日 (演出人員提前15分鐘到現(xiàn)場(chǎng),每場(chǎng)演出時(shí)間為90分鐘之內(nèi),包括中間休息10分鐘。如果甲方要求額外增加演出時(shí)間,將需按比例額外支付演出費(fèi)于乙方。)

  D, Main performance programs 主要演出節(jié)目包括

  圣誕節(jié)及新年歡慶爵士 Christmas & New Year's Holiday Jazz

  約翰斯特勞斯圓舞曲 Strauss Walts

  春之聲 Voices of Spring

  南國(guó)玫瑰 Roses from the South

  維也納森林的故事 Tales from the Vienna Woods

  藍(lán)色多瑙河 On the Beautiful Blue Danube

  多瑙河之波 Danube Waves

  意大利名歌 Italian Songs

  II. CONDITIONS OF THE PAYMENT價(jià)格條款

  A, Party A will pay Party B____(US DOLOLLAR) as the service fee (including tax).

  甲方向乙方支付演出服務(wù)費(fèi)____ 美元 (含稅);

  B, Way/s of Payment: 付款方式:

  a. Party A will pay Party B 30% of the total fee of the performance service one week before the performance. The remaining 70% of the performance fee will be paid to Party B on the same day of the performance by Party A.

  甲方提前一周向乙方支付定金為演出服務(wù)費(fèi)總額的30%,余額70%于演出當(dāng)天向乙方結(jié)清。

  b. Party A must guarantee to pay Party B the whole amount of service fee on the same day when the performance is finished. The way of payment can be cash.

  甲方保證在演出活動(dòng)結(jié)束當(dāng)天向乙方支付全額演出服務(wù)費(fèi);支付方式可按現(xiàn)金支付。

  C, If Party A needs to have a receipt from Party B, Party A must pay extra fee which is equal to the tax later on paid by Party B.

  如甲方需乙方提供發(fā)票給甲方,甲方須另補(bǔ)足相應(yīng)的稅收金額。

  III. SERVICE CONDITIONS服務(wù)條款

  A, Party A should provide proper venue and some room/s for performers to have a rest. During the performing time, it is Party A's responsibility to make sure of good order inside the venue so as to let the performance go smoothly without any interference or disruption. During the recess, person/s in charge of Party A should provide a cup of soft drink for each performer from Party B.

  甲方在合同期內(nèi)為乙方提供合適的場(chǎng)所和演員休息室,在演出時(shí)間內(nèi),負(fù)責(zé)維持好場(chǎng)內(nèi)秩序,以保證演出順利進(jìn)行。休息時(shí)間甲方主管人員負(fù)責(zé)向乙方演出人員提供每人軟飲料一杯.

  B, Party B will guarantee that all the performers have the skills/standard/expertise agreed on the contract.

  乙方保證派出的演出人員應(yīng)具有雙方商議所確定的水平和能力。

  C, Party B must guarantee that all the performers will arrive at the venue punctually and be ready for the performance service. Any performers from Party B should not either arrive late or leave early. If there is an emergency, Party B must inform Party A beforehand and get approval from Party A.

  乙方必須確保安排的演出人員按指定時(shí)間到達(dá)指定地點(diǎn)提供演出服務(wù);乙方在演出時(shí)間內(nèi)不得遲到早退,如有特殊情況,必須事先通知且征得甲方同意。

  D, Party B will guarantee the number of ...... performers. The ensemble members will wear costumes for the performance and use make-up so as to look nice and elegance. If any other equipment/s is/are needed for the performance, Party B must meet all the requirements.

  乙方保證樂隊(duì)演出人數(shù) 人,樂隊(duì)統(tǒng)一服飾,演員必須化裝,穿演出服,儀表整潔、大方;如該場(chǎng)演出需要乙方攜帶附屬演出所需其它設(shè)備,乙方必須完全按要求做到。

  IV. BREAKING THE CONTRACT違約條款

  A, If there is no guarantee to send the performers for Party A agreed in the contract, Party B should inform Party A 15 working days prior to the performance. It is also Party B's responsibility to recommend some other performers who have the same skills/expertise for Party A. Otherwise Party A reserves the right to seek for compensation from Party B.

  如乙方此后不能為甲方派出約定的演員,乙方應(yīng)提前15個(gè)工作日通知甲方,并有義務(wù)向甲方推薦具有同等水平和能力的演員;否則甲方將保留索賠的權(quán)力。

  B, Both Party A and Party B must reconfirm the contract seven days prior to the performance. After the reconfirmation, any cancellation of the contract either from Party A or Party B will be regarded as the violation of the contract Consequently, whoever cancelled the contract will pay another party 50% of the total service fee as the compensation of the violating the contract.

  甲、乙雙方須在演出前一周(七天)予以最后確認(rèn)演出合同,之后屆時(shí)無論哪方取消演出,均視為單方違約行為,并須向?qū)Ψ街Ц?0%標(biāo)的'的違約金。

  C, Any other affairs or the dispute/s caused by the contract will be kindly negotiated between the two parties.

  其它未盡事宜,或由本合同引發(fā)的爭(zhēng)議,由雙方友好協(xié)商解決。

  V. EFFICACITY PROVISION效力條款

  A, There are two copies of this contract. Party A and Party B will keep one copy each.

  本合同一式兩份,甲、乙雙方各執(zhí)一份;

  B, This contract starts to be legally bounden to both parties since the day when it is signed. The fax has the same legal bound as the formal contract.

  自簽字之日起生效,傳真件與合同正本均有效。

  Party A (Inviter): Party B (Performer):

  甲方(邀請(qǐng)方): 乙方(演出方):節(jié)日室內(nèi)樂團(tuán)

  Year / Month / Date Year / Month / Date

  年 月 日 年 月 日

英文合同 篇2

  purchase contract

  特別提示:

  (1)斟酌后才勾畫所適用的條款,附加條款應(yīng)寫清。

  (2)應(yīng)有專人負(fù)責(zé)交易的全過程及處理相關(guān)的事務(wù)。

  (3)收、發(fā)的文件仔細(xì)斟酌和妥善保存。

  (4)不要超越商檢、索賠期限,以免喪失主張權(quán)利的時(shí)機(jī)。

  (5)及時(shí)行使撤銷權(quán)和不安抗辯權(quán),并通知對(duì)方。

  合同編號(hào) (contract no.):_______

  簽訂日期 (date):__________

  簽訂地點(diǎn) (signed at):_________

  買方:____________________________

  the buyer:_________________________

  地址:____________________________

  address: __________________________

  電話(tel):________傳真(fax):____________

  電子郵箱(e-mail):______________________

  賣方:____________________________

  the seller:_________________________

  地址:____________________________

  address: __________________________

  電話(tel):________傳真(fax):____________

  電子郵箱(e-mail):______________________

  買賣雙方同意按照下列條款簽訂本合同:

  the seller and the buyer agree to conclude this contract subject to the terms and conditions stated below:

  1. 貨物名稱、規(guī)格和質(zhì)量(name, specifications and quality of commodity):

  2. 數(shù)量(quantity):

  允許____的溢短裝(___%more or less allowed)

  3. 單價(jià)(unit price):

  4. 總值(total amount):

  5. 交貨條件(terms of delivery):fob/cfr/cif_______

  6. 原產(chǎn)地國(guó)與制造商(country of origin and manufacturers):

  7. 包裝及標(biāo)準(zhǔn)(packing):

  貨物應(yīng)具有防潮、防銹蝕、防震并適合于遠(yuǎn)洋運(yùn)輸?shù)陌b,由于貨物包裝不良而造成的貨物殘損、滅失應(yīng)由賣方負(fù)責(zé)。賣方應(yīng)在每個(gè)包裝箱上用不褪色的顏色標(biāo)明尺碼、包裝箱號(hào)碼、毛重、凈重及“此端向上”、“防潮”、“小心輕放”等標(biāo)記。

  the packing of the goods shall be preventive from dampness, rust, moisture, erosion and shock, and shall be suitable for ocean transportation/ multiple transportation. the seller shall be liable for any damage and loss of the goods attributable to the inadequate or improper packing. the measurement, gross weight, net weight and the cautions such as "do not stack up side down", "keep away from moisture", "handle with care" shall be stenciled on the su***ce of each package with fadeless pigment.

  8. 嘜頭(shipping marks):

  9. 裝運(yùn)期限(time of shipment):

  10. 裝運(yùn)口岸(port of loading):

  11. 目的口岸(port of destination):

  12. 保險(xiǎn)(insurance):

  由____按發(fā)票金額110%投保_____險(xiǎn)和_____附加險(xiǎn)。

  insurance shall be covered by the ____for 110% of the invoice value against ______risks and _______additional risks.

  13. 付款條件(terms of payment):

  (1) 信用證方式:買方應(yīng)在裝運(yùn)期前/合同生效后__日,開出以賣方為受益人的不可撤銷的議付信用證,信用證在裝船完畢后__日內(nèi)到期。

  letter of credit: the buyer shall in ______days prior to the time of shipment /after this contract comes into effect, open an irrevocable letter of credit in favor of the seller. the letter of credit shall expire ____days after the completion of loading of the shipment as stipulated.

  (2) 付款交單:貨物發(fā)運(yùn)后,賣方出具以買方為付款人的付款跟單匯票,按即期付款交單(d/p)方式,通過賣方銀行及_____銀行向買方轉(zhuǎn)交單證,換取貨物。

  documents against payment: after shipment, the seller shall draw a sight bill of exchange on the buyer and deliver the documents through sellers bank and ______bank to the buyer against payment, i.e d/p. the buyer shall effect the payment immediately upon the first presentation of the bill(s) of exchange.

  (3) 承兌交單:貨物發(fā)運(yùn)后,賣方出具以買方為付款人的付款跟單匯票,付款期限為_____后__日,按即期承兌交單(d/a __日)方式,通過賣方銀行及 銀行,經(jīng)買方承兌后,向買方轉(zhuǎn)交單證,買方在匯票期限到期時(shí)支付貨款。

  documents against acceptance: after shipment, the seller shall draw a sight bill of exchange, payable _____days after the buyers delivers the documents through sellers bank and ________bank to the buyer against acceptance(d/a _____days).the buyer shall make the payment on date of the bill of exchange.

  (4) 貨到付款:買方在收到貨物后__天內(nèi)將全部貨款支付賣方(不適用于fob、crf、cif術(shù)語)。

  cash on delivery (cod): the buyer shall pay to the seller total amount within _______days after the receipt of the goods (this clause is not applied to the terms of fob,cfr,cif).

  14. 單據(jù)(documents required):

  賣方應(yīng)將下列單據(jù)提交銀行議付/托收:

  the seller shall present the following documents required to the bank for negotiation/collection:

  (1) 標(biāo)明通知收貨人/受貨代理人的全套清潔的、已裝船的、空白抬頭、空白背書并注明運(yùn)費(fèi)已付/到付的海運(yùn)/聯(lián)運(yùn)/陸運(yùn)提單。

  full set of clean on board ocean/combined transportation/land bills of lading and blank endorsed marked freight prepaid/ to collect;

  (2) 標(biāo)有合同編號(hào)、信用證號(hào)(信用證支付條件下)及裝運(yùn)嘜頭的商業(yè)發(fā)票一式__份;

  signed commercial invoice in ______copies indicating contract no., l/c no. (terms of l/c) and shipping marks;

  (3) 由______出具的裝箱或重量單一式__份;

  packing list/weight memo in _______copies issued by__;

  (4) 由______出具的質(zhì)量證明書一式__份;

  certificate of quality in _______copies issued by____;

  (5) 由______出具的數(shù)量證明書一式__份;

  certificate of quantity in _______copies issued by____;

  (6) 保險(xiǎn)單正本一式__份(cif 交貨條件);

  insurance policy/certificate in _______copies (terms of cif);

  (7)____簽發(fā)的產(chǎn)地證一式__份;

  certificate of origin in _________copies issued by____;

  (8) 裝運(yùn)通知(shipping advice): 賣方應(yīng)在交運(yùn)后_____ 小時(shí)內(nèi)以特快專遞方式郵寄給買方上述第__項(xiàng)單據(jù)副本一式一套。

  the seller shall, within ____hours after shipment effected, send by courier each copy of the above-mentioned documents no. __.

  15. 裝運(yùn)條款(terms of shipment):

  (1) fob交貨方式

  賣方應(yīng)在合同規(guī)定的裝運(yùn)日期前30天,以____方式通知買方合同號(hào)、品名、數(shù)量、金額、包裝件、毛重、尺碼及裝運(yùn)港可裝日期,以便買方安排租船/訂艙。裝運(yùn)船只按期到達(dá)裝運(yùn)港后,如賣方不能按時(shí)裝船,發(fā)生的空船費(fèi)或滯期費(fèi)由賣方負(fù)擔(dān)。在貨物越過船弦并脫離吊鉤以前一切費(fèi)用和風(fēng)險(xiǎn)由賣方負(fù)擔(dān)。

  the seller shall, 30 days before the shipment date specified in the contract, advise the buyer by _______of the contract no., commodity, quantity, amount, packages, gross weight, measurement, and the date of shipment in order that the buyer can charter a vessel/book shipping space. in the event of the seller‘s failure to effect loading when the vessel arrives duly at the loading port, all expenses including dead freight and/or demurrage charges thus incurred shall be for the seller‘s account.

  (2) cif或cfr交貨方式

  賣方須按時(shí)在裝運(yùn)期限內(nèi)將貨物由裝運(yùn)港裝船至目的港。在cfr術(shù)語下,賣方應(yīng)在裝船前2天以____方式通知買方合同號(hào)、品名、發(fā)票價(jià)值及開船日期,以便買方安排保險(xiǎn)。

  the seller shall ship the goods duly within the shipping duration from the port of loading to the port of destination. under cfr terms, the seller shall advise the buyer by _________of the contract no., commodity, invoice value and the date of dispatch two days before the shipment for the buyer to arrange insurance in time.

  16. 裝運(yùn)通知(shipping advice):

  一俟裝載完畢,賣方應(yīng)在__小時(shí)內(nèi)以____方式通知買方合同編號(hào)、品名、已發(fā)運(yùn)數(shù)量、發(fā)票總金額、毛重、船名/車/機(jī)號(hào)及啟程日期等。

  the seller shall, immediately upon the completion of the loading of the goods, advise the buyer of the contract no., names of commodity, loading quantity, invoice values, gross weight, name of vessel and shipment date by _________ within ________hours.

  17. 質(zhì)量保證(quality guarantee):

  貨物品質(zhì)規(guī)格必須符合本合同及質(zhì)量保證書之規(guī)定,品質(zhì)保證期為貨到目的港__個(gè)月內(nèi)。在保證期限內(nèi),因制造廠商在設(shè)計(jì)制造過程中的缺陷造成的貨物損害應(yīng)由賣方負(fù)責(zé)賠償。

  the seller shall guarantee that the commodity must be in conformity with the quality, specifications and quantity specified in this contract and letter of quality guarantee. the guarantee period shall be ______months after the arrival of the goods at the port of destination, and during the period the seller shall be responsible for the damage due to the defects in designing and manufacturing of the manufacturer.

  18. 檢驗(yàn)(inspection)(以下兩項(xiàng)任選一項(xiàng)):

  (1)賣方須在裝運(yùn)前__日委托______檢驗(yàn)機(jī)構(gòu)對(duì)本合同之貨物進(jìn)行檢驗(yàn)并出具檢驗(yàn)證書,貨到目的.港后,由買方委托________檢驗(yàn)機(jī)構(gòu)進(jìn)行檢驗(yàn)。

  the seller shall have the goods inspected by ______days before the shipment and have the inspection certificate issued by____. the buyer may have the goods reinspected by ________ after the goods arrival at the destination.

  (2) 發(fā)貨前,制造廠應(yīng)對(duì)貨物的質(zhì)量、規(guī)格、性能和數(shù)量/重量作精密全面的檢驗(yàn),出具檢驗(yàn)證明書,并說明檢驗(yàn)的技術(shù)數(shù)據(jù)和結(jié)論。貨到目的港后,買方將申請(qǐng)中國(guó)商品檢驗(yàn)局(以下簡(jiǎn)稱商檢局)對(duì)貨物的規(guī)格和數(shù)量/重量進(jìn)行檢驗(yàn),如發(fā)現(xiàn)貨物殘損或規(guī)格、數(shù)量與合同規(guī)定不符,除保險(xiǎn)公司或輪船公司的責(zé)任外,買方得在貨物到達(dá)目的港后__日內(nèi)憑商檢局出具的檢驗(yàn)證書向賣方索賠或拒收該貨。在保證期內(nèi),如貨物由于設(shè)計(jì)或制造上的缺陷而發(fā)生損壞或品質(zhì)和性能與合同規(guī)定不符時(shí),買方將委托中國(guó)商檢局進(jìn)行檢驗(yàn)。

  the manufacturers shall, before delivery, make a precise and comprehensive inspection of the goods with regard to its quality, specifications, performance and quantity/weight, and issue inspection certificates certifying the technical data and conclusion of the inspection. after arrival of the goods at the port of destination, the buyer shall apply to china commodity inspection bureau (hereinafter referred to as ccib) for a further inspection as to the specifications and quantity/weight of the goods. if damages of the goods are found, or the specifications and/or quantity are not in conformity with the stipulations in this contract, except when the responsibilities lies with insurance company or shipping company, the buyer shall, within _____days after arrival of the goods at the port of destination, claim against the seller, or reject the goods according to the inspection certificate issued by ccib. in case of damage of the goods incurred due to the design or manufacture defects and/or in case the quality and performance are not in conformity with the contract, the buyer shall, during the guarantee period, request ccib to make a survey.

  19. 索賠(claim):

  買方憑其委托的檢驗(yàn)機(jī)構(gòu)出具的檢驗(yàn)證明書向賣方提出索賠(包括換貨),由此引起的全部費(fèi)用應(yīng)由賣方負(fù)擔(dān)。若賣方收到上述索賠后______天未予答復(fù),則認(rèn)為賣方已接受買方索賠。

  the buyer shall make a claim against the seller (including replacement of the goods) by the further inspection certificate and all the expenses incurred thereafter shall be borne by the seller. the claims mentioned above shall be regarded as being accepted if the seller fail to reply within ______days after the seller received the buyer’s claim.

  20. 遲交貨與罰款(late delivery and penalty):

  除合同第21條不可抗力原因外,如賣方不能按合同規(guī)定的時(shí)間交貨,買方應(yīng)同意在賣方支付罰款的條件下延期交貨。罰款可由議付銀行在議付貨款時(shí)扣除,罰款率按每__天收__%,不足__天時(shí)以__天計(jì)算。但罰款不得超過遲交貨物總價(jià)的____ %。如賣方延期交貨超過合同規(guī)定__天時(shí),買方有權(quán)撤銷合同,此時(shí),賣方仍應(yīng)不遲延地按上述規(guī)定向買方支付罰款。

  買方有權(quán)對(duì)因此遭受的其它損失向賣方提出索賠。

  should the seller fail to make delivery on time as stipulated in the contract, with the exception of force majeure causes specified in clause 21 of this contract, the buyer shall agree to postpone the delivery on the condition that the seller agree to pay a penalty which shall be deducted by the paying bank from the payment under negotiation. the rate of penalty is charged at______% for every ______days, odd days less than _____days should be counted as ______days. but the penalty, however, shall not exceed_______% of the total value of the goods involved in the delayed delivery. in case the seller fail to make delivery ______days later than the time of shipment stipulated in the contract, the buyer shall have the right to cancel the contract and the seller, in spite of the cancellation, shall nevertheless pay the aforesaid penalty to the buyer without delay.

  the buyer shall have the right to lodge a claim against the seller for the losses sustained if any.

  21. 不可抗力(force majeure):

  凡在制造或裝船運(yùn)輸過程中,因不可抗力致使賣方不能或推遲交貨時(shí),賣方不負(fù)責(zé)任。在發(fā)生上述情況時(shí),賣方應(yīng)立即通知買方,并在__天內(nèi),給買方特快專遞一份由政府主管當(dāng)局簽發(fā)的事故證明書。在此情況下,賣方仍有責(zé)任采取一切必要措施加快交貨。如事故延續(xù)__天以上,買方有權(quán)撤銷合同。

  the seller shall not be responsible for the delay of shipment or non-delivery of the goods due to force majeure, which might occur during the process of manufacturing or in the course of loading or transit. the seller shall advise the buyer immediately of the occurrence mentioned above and within_____ days thereafter the seller shall send a notice by courier to the buyer for their acceptance of a certificate of the accident issued by the competent government authorities under whose jurisdiction the accident occurs as evidence thereof. under such circumstances the seller, however,are still under the obligation to take all necessary measures to hasten the delivery of the goods. in case the accident lasts for more than _____days the buyer shall have the right to cancel the contract.

  22. 爭(zhēng)議的解決 (arbitration):

  凡因本合同引起的或與本合同有關(guān)的任何爭(zhēng)議應(yīng)協(xié)商解決。若協(xié)商不成,應(yīng)提交中國(guó)國(guó)際經(jīng)濟(jì)貿(mào)易仲裁委員會(huì),按照申請(qǐng)時(shí)該會(huì)當(dāng)時(shí)施行的仲裁規(guī)則進(jìn)行仲裁,仲裁地點(diǎn)在中國(guó)深圳。仲裁裁決是終局的,對(duì)雙方均有約束力。

  any dispute arising from or in connection with the contract shall be settled through friendly negotiation. in case no settlement is reached, the dispute shall be submitted to china international economic and trade arbitration commission(cietac), for arbitration in accordance with its rules in effect at the time of applying for arbitration. the place of arbitration is in ____, china. the arbitral award is final and binding upon both parties.

  23. 通知(notices):

  所有通知用____文寫成,并按照如下地址用傳真/快件送達(dá)給各方。如果地址有變更,一方應(yīng)在變更后__日內(nèi)書面通知另一方。

  all notice shall be written in _____ and served to both parties by fax/courier according to the following addresses. if any changes of the addresses occur, one party shall inform the other party of the change of address within ____days after the change.

  24. 本合同使用的fob、cfr、cif術(shù)語系根據(jù)國(guó)際商會(huì)《國(guó)際貿(mào)易術(shù)語解釋通則》。

  the terms in the contract are based on incoterms 1990 of the international chamber of commerce.

  25. 附加條款(additional clause):

  本合同上述條款與本附加條款抵觸時(shí),以本附加條款為準(zhǔn)。

  conflicts between contract clause here above and this additional clause, if any, it is subject to this additional clause.

  26. 本合同用中英文兩種文寫成,兩種文具有同等效力。本合同共__份,自雙方代表簽(蓋章)之日起生效。

  this contract is executed in two counterparts each in chinese and english, each of which shall deemed equally authentic. this contract is in ______copies, effective since being signed/sealed by both parties.

  買方代表人(簽):

  representative of the buyer

  (authorized signature):

  賣方代表人(簽):

  representative of the seller

  (authorized signature):

  聯(lián)系方式:

英文合同 篇3

  擔(dān)保協(xié)議Guarantee Agreement 擔(dān)保合同,(適用于銀行擔(dān)保項(xiàng)下)(Applicable to Bank Guarantee)

  1.作為委托人的(以下稱“委托人”)和

  2.作為保證人的XX銀行股份有限公司 ( 以下稱“保證人” )簽署。

  This Guarantee Agreement (hereinafter referred to as the

  “Agreement”) is made and entered into

  as of (M/D/Y) between as the Client (hereinafter referred to as the

  "Client") and Branch, China XXXX Bank as the Guarantor (hereinafter referred to as the“Guarantor”).

  □本協(xié)議構(gòu)成委托人與保證人簽訂的編號(hào)為 年 字第號(hào)的《授信協(xié)議》

 。ㄏ路Q《授信協(xié)議》)的組成部分(本條適用的,在□中打“√”)。

  The Agreement constitutes an integral part of the Credit Extension Agreement [20 ] No.

  (hereinafter referred to as the “Credit Extension Agreement”) between the Client and the

  Guarantor (if this paragraph applies, please click “√” in □).

  鑒于:Whereas

  1.委托人或被擔(dān)保人 (以下簡(jiǎn)稱被擔(dān)保人)與 于 年月日簽署了總金額為 幣 的編號(hào)為 的關(guān)于 的合同/ 標(biāo)書(以下簡(jiǎn)稱“合同”),或委托人

  或被擔(dān)保人參加了招標(biāo)書編號(hào)為 關(guān)于 項(xiàng)目的投標(biāo)(以下簡(jiǎn)稱“投標(biāo)”);

  1. The Client or the Guaranteed (hereinafter referred to as the “Guaranteed”)

  signed No.Contract on/ Bid Document totaling (Currency) (hereinafter referred to as the “Contract”) withon (M/D/Y), or the

  Client or the Guaranteed participated in the tender forProject with Bid

  Document No. (hereinafter referred to as the “Bid”);

  2.委托人申請(qǐng)保證人為委托人或被擔(dān)保人開立上述合同或投標(biāo)項(xiàng)下以

  為受益人(以下稱“受益人”),金額 幣 ,編號(hào)為 的保函/備用信用證(下稱“保函”)。

  2. The Client applies to the Guarantor to open No. Letter of Guarantee/Stand-by LC

  (hereinafter referred to as the “Letter of Guarantee”) with an amount of(Currency)

  under the above Contract or Bid for the Client or the Guaranteed with as the Beneficiary (hereinafter referred to as the “Beneficiary”).

  保證人同意應(yīng)委托人申請(qǐng)按如下條件為委托人或被擔(dān)保人向受益人開具上述保函:

  The Guarantor agrees to issue the above letter of guarantee in favor of the beneficiary for the Client or the Guaranteed upon request of the Client on the following terms and conditions:

  第1條 在保證人開立保函之前,委托人應(yīng)根據(jù)保證人的要求:

  Article 1 Before the Guarantor issues the letter of guarantee, the Client shall upon request of the Guarantor:

  1.1 向保證人提供下列保障(以下項(xiàng)目根據(jù)實(shí)際情況打“√”選擇):

  1.1 Provide the Guarantor with the following security (please click “√” according to facts):

  □1.1.1 在保證人處開立保證金賬戶(保證金賬號(hào)為以保證金存入時(shí)甲方系統(tǒng)自動(dòng)生成的帳號(hào)為準(zhǔn)),存入金額為 幣 的保證金,作為委托人履行本協(xié)議項(xiàng)下各項(xiàng)義務(wù)的質(zhì)押擔(dān)保,以備受益人索賠時(shí)償付;和/或

  □1.1.1 Open a guarantee fund account (A/C is generated automatically by Party A’s system when the guarantee fund is deposited) with the Guarantor, and deposit a guarantee fund of (Currency)as a pledge guarantee for the Client to perform each obligation under the

  Agreement, and indemnify the Beneficiary at the time of claim; and/or

  □1.1.2經(jīng)保證人認(rèn)可的企業(yè)法人、其他組織或自然人向保證人簽發(fā)以保證人為受益人的不可撤銷反擔(dān)保書;和/或

  □1.1.2 Have any corporation, or other organization or natural person recognized by the Guarantor issue the Guarantor with an irrevocable letter of counter guarantee in favor of the Guarantor; and/or

  □1.1.3以保證人接受的抵押物或質(zhì)物抵(質(zhì))押給保證人,以作為償付擔(dān)保。雙方另訂抵(質(zhì))押合同。(做刪除標(biāo)記)

  本合同為《授信協(xié)議》項(xiàng)下具體合同的,本條款不適用,本合同項(xiàng)下債務(wù)自動(dòng)納入與保證人簽署了最高額抵/質(zhì)押合同或向保證人出具了最高額不可撤銷擔(dān)保書的擔(dān)保人的擔(dān)保范圍。If the Contract is a particular contract under the Credit Extension Agreement, this Article will be inapplicable, and the obligations under the Contract will be automatically included into the scope of undertaking by the undertaker signing a maximum mortgage/pledge contract with the guarantor or issuing the guarantor with a maximum irrevocable letter of undertaking.

  1.2應(yīng)保證人要求向保證人提供下列文件的正本或經(jīng)委托人法定代表人簽字并加蓋公章證實(shí)為真實(shí)和完整的副本;

  1.2 Upon request of the guarantor, provide the Guarantor with the original copies of the following documents or the duplicate copies signed by the legal representative of the Client and stamped with the official seal for proof of authenticity and integrity;

  1.2.1委托人及/或被擔(dān)保人的營(yíng)業(yè)執(zhí)照;

  1.2.1 The business license of the Client and/or the Guaranteed;

  1.2.2委托及/或被擔(dān)保人的公司章程;

  1.2.2 The articles of association of the Client and/or the Guaranteed;

  1.2.3委托人全體現(xiàn)任董事名單及簽字樣本;

  1.2.3 The name list and the specimen signature of all the current directors of the Client;

  1.2.4同意委托人簽署并執(zhí)行本協(xié)議的委托人的董事會(huì)決議;

  1.2.4 The resolution of the board of directors of the Client approving the Client to sign and execute the Agreement;

  1.2.5委托人或被擔(dān)保人與受益人簽署的合同;或受益人的招標(biāo)文件,投標(biāo)人的投標(biāo)文件;(做刪除標(biāo)記)

  1.2.6委托人的上年度財(cái)務(wù)報(bào)表及審計(jì)報(bào)告書,以及申請(qǐng)前一個(gè)月的財(cái)務(wù)數(shù)據(jù);

  1.2.6 The Client’s financial statements and auditor’s report for the last year, and financial data for the month before the application;

  1.2.7抵押物或質(zhì)物的權(quán)屬證件(若有抵押物或質(zhì)物時(shí));(做刪除標(biāo)記)

  1.2.8保證人要求的其他資料。

  1.2.8 Other materials as requested by the Guarantor.

  上述手續(xù)或材料以保證人實(shí)際要求的為準(zhǔn),并且為保證人應(yīng)享有的權(quán)利而非義務(wù),有關(guān)手續(xù)或材料是否完全齊備對(duì)本協(xié)議效力不構(gòu)成影響。

  The provision of the above formalities or materials shall be based upon the actual request of the Guarantor, which is a right entitled to but not a duty assumed by the Guarantor, and their completeness and fullness will not affect the legal force of the Agreement.

  華譯網(wǎng)翻譯公司提供專業(yè)擔(dān)保合同翻譯服務(wù)。Shanghai Chinese consecutive interpretation service

  華譯網(wǎng)翻譯公司提供專業(yè)同聲傳譯服務(wù)。

  第2條 委托人在此向保證人聲明、承諾和保證如下:

  Article 2 The Client hereby makes a declaration, commitment and warrant to the Guarantor as follows:

  2.1委托人為依照中華人民共和國(guó)法律正式成立及有效存在的商事主體,有充分的民事行為能力簽訂和履行本協(xié)議;

  2.1 The Client is a commercial subject legally incorporated and validly in existence under the laws of the P. R. of China, and has full civil capacity to sign and perform the Agreement;

  2.2委托人有合法的資格簽署及履行本協(xié)議,簽訂和履行本合同已獲得董事會(huì)或任何其他有權(quán)機(jī)構(gòu)的充分授權(quán);

  2.2 The Client is eligible to sign and perform the Agreement, and has obtained the full authorization of the Board of Directors or any other competent authorities to sign and perform the Contract;

  2.3 委托人或被擔(dān)保人有合法資格與受益人簽署合同,有足夠的.能力履行與受益人簽署的合同;委托人保證委托人或被擔(dān)保人履行與受益人簽署的合同,并有義務(wù)及時(shí)向保證人通報(bào)履約情況及出現(xiàn)的問題;

  2.3 The Client or the Guaranteed is eligible to sign the Contract with the Beneficiary, and has full capacity to perform the Contract signed with the Beneficiary; and the Client undertakes that the Client or the Guaranteed shall perform the Contract signed with the Beneficiary, and has duty to inform the Guarantor about the performance of contract and any issue arisen in due course;

  2.4 委托人接受和認(rèn)可保證人向受益人開立的保函的內(nèi)容;

  2.4 The Client accepts and acknowledges the contents of the letter of guarantee issued by the Guarantor to the Beneficiary;

  2.5 委托人保證不使保證人因?yàn)殚_具保函而蒙受任何損害和損失;

  2.5 The Client undertakes to protect the Guarantor from any damage or loss as a result of issuing the letter of guarantee;

  2.6 委托人無條件地同意保證人按有關(guān)法律規(guī)定及/或在無其他約定的情況下按辦理保函項(xiàng)下的一切事宜,并承擔(dān)由此產(chǎn)生的責(zé)任;

  2.6 The Client unconditionally agrees the Guarantor shall handle any matters under the letter of guarantee according to the relevant provisions of the laws except otherwise stipulated, and assume any liability arisen therefrom;

  2.7委托人保證當(dāng)受益人向保證人索賠時(shí),委托人無條件承擔(dān)第一位付款責(zé)任;

  2.7 The Client undertakes that where the Beneficiary claims against the Guarantor, the Client shall unconditionally assume the primary liability for payment;

  2.8委托人保證保函項(xiàng)下的項(xiàng)目符合國(guó)家有關(guān)法律法規(guī)的規(guī)定,由于項(xiàng)目本身而產(chǎn)生的一切經(jīng)濟(jì)和法律責(zé)任由委托人承擔(dān),與保證人無任何關(guān)聯(lián);

  2.8 The Client undertakes that the project under the letter of guarantee conforms to the provisions

  of the laws and regulations of the state, and any economic and legal liability arisen from the project itself shall be only borne by the Client, but have no relationship with the Guarantor;

  2.9委托人同意按本協(xié)議規(guī)定,按期足額支付上述保函項(xiàng)下的依照保證人要求應(yīng)付的各項(xiàng)費(fèi)用;

  2.9 The Client agrees to duly pay in full any expenses payable under the above letter of guarantee upon request of the Guarantor according to the provisions of the Agreement;

  2.10 委托人同意保證人僅有義務(wù)審核保函項(xiàng)下受益人提交的索賠文件、單據(jù)或證明(以下統(tǒng)稱“索賠文件”)的表面真實(shí)性,而不對(duì)索賠文件所述事實(shí)的真實(shí)性負(fù)任何責(zé)任;

  2.10 The Client agrees that the Guarantor only has duty to examine the apparent authenticity of the claim documents, vouchers or certificates (hereinafter uniformly referred to as the “claim documents”) submitted by the Beneficiary under the letter of guarantee, but assume no liability for the authenticity of the facts stated in the claim

  documents;

  2.11委托人同意當(dāng)因匯率波動(dòng)或可能發(fā)生波動(dòng)或保函修改等原因?qū)е卤WC金賬戶資金不足時(shí),將按保證人的要求不時(shí)存入足額資金,該資金自存入保證金賬戶之日起視為特定化并移交保證人占有,作為委托人履行本協(xié)議項(xiàng)下各項(xiàng)義務(wù)的質(zhì)押擔(dān)保;

  2.11 The Client agrees to deposit adequate fund from time to time upon request of the Guarantor where the guarantee fund account falls short due to any movement or would-be movement of exchange rates or any amendment to the letter of guarantee, and such fund shall be deemed as designated and handed over to the occupancy of the Guarantor as of the date when it is deposited into the guarantee fund account as the pledge guarantee for the Client to perform each obligation under the Agreement;

  2.12 委托人同意在辦理保函業(yè)務(wù)時(shí),如郵電、電訊傳遞過程中發(fā)生的任何延誤、遺失、殘缺或其他差錯(cuò),保證人無須承擔(dān)責(zé)任;

  2.12 The Client agrees that the Guarantor shall assume no liability for any delay, loss, defect or other error incurred in the process of posts and telecommunications transmission at the time of handling the guarantee business;

  2.13 委托人保證按季向保證人報(bào)送貸后檢查所需財(cái)務(wù)數(shù)據(jù)及與保函業(yè)務(wù)相關(guān)的資料。

  2.13 The Client undertakes to submit the Guarantor with any financial data required for post-loan examination and any materials related to the guarantee business quarterly.

英文合同 篇4

  Contract No.:________________________.

  Date of Signature:____________________.

  Place of Signature:____________________.

  This Contract is made and entered into through friendly negotiation by and between China____________________ (hereinafter referred to as “Client”), as one party, and____________________ (hereinafter referred to as“Consultant”),as the other party, concerning the technical consultancy service of__________, under the following terms and conditions:

  Article 1 Contents of Technical Consultancy Service

  1.1 Whereas Client desires to obtain the technical consultancy service of from Consultant and Consultant has agreed to perform such services.

  1.2 The Scope of Technical Services is defined in Appendix 1.

  1.3 The Time Schedule for the Services is shown in Appendix 2.

  1.4 The Manning Schedule is described in Appendix 3.

  1.5 Consultant shall complete the Services within__________months from the Effective Date of this Contract and furnish the final technical service report, including drawings, designing documents, all kinds of standards and photos, within____months. Consultant shall keep aware, free of charge, Client of the latest development of similar projects and any progress made in order to improve the designing of the project.

  Article 2 Both Parties' Responsibility and Liability

  2.1 Client shall furnish to Consultant the pertinent data, technical service reports, maps and information available to him and shall give to Consultant the reasonable assistance necessary for carrying out of his duties. Particularly Client shall nominate a general representative who shall be available at reasonable time.

  2.2 Client shall assist Consultant with the responsible authorities for obtaining visas, work permits and other documents required by Consultant to enter the country and to have access to the Site of the Project. The above expenses shall be borne by Consultant.

  2.3 Consultant shall furnish a sufficient number of competent personnel to perform its obligation hereunder, in addition to those personnel specifically listed in Appendix 3. All personnel employed by Consultant in carrying out the work shall be exclusively Consultant's responsibility, and Consultant shall hold Client harmless from any claims of any kind by Consultant's personnel arising out of any acts by Consultant or its personnel in connection with the work performed hereunder.

  2.4 Consultant shall provide Client all the technical technical service reports and relevant documentation within the Scope of Technical Services and within the Time Schedule of the Time Schedule for the Services.

  2.5 Consultant shall assist Client'S personnel in his country in obtaining visas and in arranging lodgings. Hotel and boarding expenses shall be borne by Client. Consultant shall supply to Client'S personnel office space and necessary facilities as well as transportation.

  2.6 Consultant shall be responsible for and shall indemnify Client and his employee in respect of injury to person or damage to property occurring in connection with the services, to the extent that such damage or injury directly results from negligence of Consultant's personnel while engaged in activities under this Contract.Consultant shall be liable only to the work under this Contract.

  2.7 Any and all liability of Consultant with respect to this Contract shall be limited to the Total Contract Price received by Consultant for his profession services and shall terminate upon expiration of the warranty period set forth in Article 7.3.

  Article 3 Price and Payment

  3.1 The total contract price is__________(say __________________only) in________(currency). The breakdown prices of the above mentioned total contract price are as follows:

  Contract Price for Item 1: ______(say ____________only) in________ (currency); Contract Price for Item 2: ______(say ____________only) in________ (currency); Contract Price for Item 3: ______(say ____________only) in________ (currency); Contract Price for Item 4: ______(say ____________only) in________ (currency).

  3.2 The total contract price will include all the service and technology provided by Consultant. The total contract price shall be firm and fixed and shall not fluctuate with any inflation. The total contract price shall include all charges and expenses incurred by Consultant in performing his obligations both in his own country and in the People's Republic of China and includes the expenses incurred in sending the Technical Documentation to Client's office by all kinds of forms.

  In the event of Force Majeure as defined in the Contract, the total contract price shall be readjusted through friendly negotiations between the parties. If Client requires services not contemplated in the Scope of Services the parties shall friendly discuss an amendment to the

  total contract price. Any such amendment shall be in writing countersigned by both parties. This document shall then form integral part of the Contract.

  3.3 All payments to be made by Client to Consultant under the present Contract shall be made by telegraphic transfer. In case of any payment by Client, the payment shall be effected through__________in China to _________ for the account of Consultant.

  In consideration for the services provided by Consultant hereunder, Client shall effect the payment to Consultant in accordance with the following manner and percentage:

  3.3.1 _______ percent (________ %) of the total contract price, i.e._____________ (Say: ________ only), shall be paid by Client to Consultant within ________ (____) days after the client has received the following documents provided by Consultant and found them in order.

  A. One (1) original and two (2) duplicate copies of Consultant's government approval, or a written statement of the competent authorities or relevant agency of Consultant's country certifying that such document is not required;

  B. One (1) original and one (1) duplicate copy of Irrevocable Letter of Guarantee for advance payment issued by Consultant's Bank in favor of Client covering_______(Say:________ only), specimen of which is as per Appendix 4;

  C. Five (5) copies of profoma invoice covering the total contract price;

  D. Five (5) copies of manually signed commercial invoice indicating the amount to be paid;

  E. Two (2) copies of sight draft.

  The said shall be delivered by Consultant not later than ____days after the effective date of the ________present Contract.

  3.3.2 ________percent (____%) of the Contract price for Item 1, i.e._________ (Say: __________ only) shall be paid by Client to Consultant within _____ (__) days after Consultant has received the following documents provided by Consultant and found them in order.

  A. Ten (10) copies of technical service report on Item 1;

  B. Five (5) copies of manually signed commercial invoice indicating the amount to be paid;

  C. Two (2) copies of sight draft.

  3.3.3 ________ percent (____%) of the Contract price for Item 2, i.e. ___________ (Say: ____________ only) shall be paid by Client to Consultant within ________ (___) days after Licensee has received the following documents provided by Consultant and found themin order.

  A. Ten (10) copies of technical service report on Item 1;

  B. Five (5) copies of manually signed commercial invoice indicating the amount to be paid;

  C. Two (2) copies of sight draft.

  3.3.4 ________percent (____%) of the Contract price for Item 3, i.e._________ (Say: __________ only) shall be paid by Client to Consultant within _____ (__) days after Consultant has received the following documents provided by Consultant and found them in order.

  A. Ten (10) copies of technical service report on Item 1;

  B. Five (5) copies of manually signed commercial invoice indicating the amount to be paid;

  C. Two (2) copies of sight draft.

  3.3.5 ________percent (____%) of the Contract price for Item 4, i.e._________ (Say: __________ only) shall be paid by Client to Consultant within _____ (__) days after Consultant has received the following documents provided by Consultant and found them in order.

  A. Ten (10) copies of technical service report on Item 1;

  B. Five (5) copies of manually signed commercial invoice indicating the amount to be paid;

  C. Two (2) copies of sight draft.

  3.3.6 ________percent (____%) of the Total Contract price , i.e._________ (Say: __________ only) shall be paid by Client to Consultant within _____ (__) days after Consultant has received the following documents provided by Consultant and found them in order.

  A. Five (5) copies of manually signed commercial invoice indicating the amount to be paid;

  B. Two (2) copies of sight draft.

  3.4 In case Consultant is liable for paying to Client the penalty under the Contract, Client shall have the right to deduct it from any said payment.

  3.5 The banking charges of both parties incurred in China for the execution of the Contract shall be borne by Client and those incurred outside China shall be borne by Consultant.

  Article 4 Delivery Schedule

  4.1 The deadline for the arrival of the Technical service reports CIF _____ are:

  A. Technical service report on Item 1 : _________months after effectiveness of the Contract;

  B. Technical service report on Item 2 : _________months after effectiveness of the Contract;

  C. Technical service report on Item 3 : _________months after effectiveness of the Contract;

  D. Technical service report on Item 4 : ________months after effectiveness of the Contract.

  4.2 Consultant will inform Client by Fax when the Technical service reports are airmailed to Client indicating the date and number of airway bill. Client will inform Consultant when the Technical service reports have been received.

  4.3 Should any document be missing or damaged during the transport Consultant shall be notified accordingly and within two (2) weeks the missing or damaged document shall be replaced by Consultant free of charge.

  Article 5 Confidentiality

  5.1 All data assembled, developed, compiled, reproduced, studied, and prepared in connection with the work done hereunder and furnished to Consultant by Client shall be considered confidential and shall not be divulged to any person, firm or corporation other than Client or its designated representatives. This Clause shall remain binding on Consultant notwithstanding the termination of the Contract for any reason.

  5.2 Within the validity period of Contract, Both parties shall take proper measures to keep the materials or information strictly confidential. The other party shall not disclose or divulge to any third party without prior written consent of one party.

  5.3 Either party shall be obliged to keep confidential any secret information of the other party which either party and its personnel may obtain or be accessible to in the course of the performance of Contract. Either party shall not make use of or disclose such secret information obtained from the other party without prior written permission issued by the other party.

  Article 6 Taxes and Duties

  6.1 All taxes and duties in connection with and in the execution of Contract levied by the Chinese government on Client in accordance with the tax laws of PRC shall be borne by Client.

  6.2 All taxes and duties levied by the Chinese government on Consultant, in connection with and in the execution of Contract, according to Chinese tax laws and the agreement between the government of PRC and the government of Consultant's country for the reciprocal avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income shall be borne by Consultant.

  Client is legally obliged to withhold, as a withholding agent, the amount of taxes pro rata each taxable payment under Contract and pay them to the relevant Chinese tax authorities. After receiving the tax receipts issued by the relevant Chinese tax authorities for the aforesaid withholding taxes, Client shall forward them to Consultant without undue delay.

  6.3 All taxes and duties arising outside PRC in connection with and in the execution of Contract shall be borne by Consultant.

  Article 7 Warranty

  7.1 Consultant warrants that he has the experience and capability to efficiently and expeditiously perform the services in a satisfactory manner and that the services performed by him under this Contract shall be performed by competent personnel in accordance with accepted standards.

  7.2 In the event of a failure of Consultant to provide to Client satisfactory services within the scope of work described in Appendix at any time for any reason within the control of the Consultant, Client may notify Consultant of such dissatisfaction. Consultant shall be afforded a period of days to correct or remedy the matter. Should Consultant within the time afforded by Client fail to correct or remedy the matter to the satisfaction of Client, all charges shall cease forthwith until such time as Consultant is able to provide satisfactory services in accordance with the Scope of work described in Appendix.

  7.3 Consultant guarantees to Client that he shall, after receipt of notice from Client, promptly correct at no cost any errors in the services arising out of the negligent performance thereof.

  Article 8 Ownership of Technical Service Reports

  8.1 Final version of the technical service report submitted to Client and all relevant data such as maps, plans and supporting material compiled in performing the Scope of Services, shall be the property of Client. Such materials shall be sorted and indexed by Consultant prior to transmission to Client.

  8.2 Consultant shall be permitted to retain copies thereof, provided however that such materials, including the material furnished by Client as stated in Article 5 of this Contract, shall not be used by Consultant for purposes not related with this Project without the prior written approval of Client.

  Article 9 Assignment

  9.1 Neither Client nor Consultant shall assign or sublet their rights or obligations hereunder without the prior written consent of the other party.

  Article 10 Termination

  10.1 If, due to the responsibility of Consultant, the technical service reports have not been delivered at dates according to the delivery schedules as stipulated in Article 4 of the Contract, Consultant shall be obliged to pay to Client penalty for such delay in delivery at the following rates:

  A. ______ percent (____%) of the total contract price per week for the first four weeks;

  B. _____ percent (____%) of the total contract price per week from the fifth week to the eighth week;

  C. ______ percent (____%) of the total contract price per week from the ninth week of delay.

  Odd days less than one (1) week shall be counted as one (1) week for calculating the liquidated damage.

  10.2 The total liquidated damage for late delivery shall not exceed ______ percent (____%) of the total contract price. Payment of the liquidated damage for late delivery shall not release

  Consultant from its obligation to deliver technical service reports.

  10.3 Client may, without prejudice to any other remedy for Consultant's following breach of Contract, terminate Contract in whole or in part by a written notice of default send to Consultant, if Consultant

  A. Fails to deliver any or all of technical service reports within______(____) days after the scheduled delivery date as specified in Article 1; or

  B. Fails to make the technical service reports meet the minimum level of Acceptance Standards as specified in Appendix 1.

  Consultant shall refund to Client all the payments effected by Client to Consultant plus an interest at the rate of______ percent (____%) per annum in case of such a termination.

  10.4 Either party may, without prejudice to any other remedy, terminate Contract in whole or in part by a written notice send to the other party, if the other party.

  A. fails to perform its confidentiality obligation under Contract; or

  B. fails to perform any other obligations under Contract except minor parts thereof, and does not remedy for its failure within a period of______ (____) days upon receipt of the written notice or a period agreed upon between the parties; or

  C. becomes bankrupt or insolvent; or

  D.Affected by any event of Force Majeure for more than ______ days.

  Article 11 Force Majeure

  11.1 Should either party be prevented from performing any of its obligations under Contract due to event of Force Majeure, such as war, serious fire, typhoon, earthquake, flood and any other events which could not be expected, avoided and overcome, the affected party shall notify the other party of its occurrence by fax and send by registered airmail a certificate issued by the competent authorities or agency within fourteen (14) days following its occurrence.

  11.2 The affected party shall not be liable for any delay or failure in performing any or all of its obligations due to the event of Force Majeure. However, the affected party shall inform the other party by fax the termination or elimination of the event of Force Majeure without delay.

  11.3 Both parties shall proceed with their obligations immediately after the cease of the event of Force Majeure or removal of the effects. The validity period of Contract and/or the scheduled period for relative execution of Contract shall be extended correspondingly.

  Article 12 Arbitration

  12.1 Any dispute arising from or in connection with this Contract shall be submitted to China International Economic and Trade Arbitration Commission,Shenzhen Commission for arbitration in accordance with the Commission's arbitration rules in effect at the time of applying for arbitration. The arbitral award is final and binding upon both parties and the applicable law is the material law of P.R.C.

  12.2 Notwithstanding any reference to arbitration, both Parties shall continue to perform their respective obligations under the Contract unless otherwise agreed.

  Article 13 Language and Standards

  13.1 Correspondance except this Contract between Client and Consultant, data and documents made available by Client to Consultant and the technical service reports and drawings prepared by Consultant shall be in the English language.

  13.2 Measures shall be written in the metric system.

  Article 14 Governing Law

  14.1 The construction, validity and performance of this Contract shall be governed by the laws of the People's Republic of China.

  Chapter 15 Effectiveness of the Contract and Miscellaneous

  15.1 Both parties shall make effort to obtain the approval from the respective authorities, if necessary, within thirty (30) days after Contract is signed by the authorized representatives of the two parties. Either Party shall notify in writing the other party of the approval date. The later date of approval shall be taken as the Date of Effectiveness of Contract.

  15.2 Contract shall be valid and remain in force for_______(____) years from the Date of Effectiveness.

  15.3 The outstanding credit and debt between the parties under Contract shall not be affected upon the termination or expiration of Contract.

  15.4 Appendices hereof shall be integral parts of Contract and have the same legal force as the text of Contract itself. The text of Contract shall prevail in case of any discrepancies between the text of Contract and Appendices.

  15.5 All amendments, supplements, subtractions, or alterations to Contract shall be made in writ

英文合同 篇5

  擔(dān)保合同中英文對(duì)照 供參考

  擔(dān)保協(xié)議Guarantee Agreement 擔(dān)保合同,(適用于銀行擔(dān)保項(xiàng)下)(Applicable to Bank

  Guarantee)

  1.作為委托人的(以下稱“委托人”)和

  2.作為保證人的XX銀行股份有限公司 ( 以下稱“保證人” )簽署。

  This Guarantee Agreement (hereinafter referred to as the “Agreement”) is made and entered into

  as of (M/D/Y) between as the Client (hereinafter referred to as the

  "Client") and Branch, China XXXX Bank as the Guarantor (hereinafter referred to as the

  “Guarantor”).

  □本協(xié)議構(gòu)成委托人與保證人簽訂的編號(hào)為 年 字第號(hào)的《授信協(xié)議》

 。ㄏ路Q《授信協(xié)議》)的組成部分(本條適用的,在□中打“√”)。

  The Agreement constitutes an integral part of the Credit Extension Agreement [20 ] No.

  (hereinafter referred to as the “Credit Extension Agreement”) between the Client and the

  Guarantor (if this paragraph applies, please click “√” in □).

  鑒于:

  Whereas

  1.委托人或被擔(dān)保人 (以下簡(jiǎn)稱被擔(dān)保人)與 于 年月日簽署了總金額為 幣 的編號(hào)為 的關(guān)

  于 的合同/ 標(biāo)書(以下簡(jiǎn)稱“合同”),或委托人

  或被擔(dān)保人參加了招標(biāo)書編號(hào)為 關(guān)于 項(xiàng)目的投標(biāo)

  (以下簡(jiǎn)稱“投標(biāo)”);

  1. The Client or the Guaranteed (hereinafter referred to as the “Guaranteed”)

  signed No.Contract on/ Bid Document totaling (Currency) (hereinafter referred to as the “Contract”) withon (M/D/Y), or the

  Client or the Guaranteed participated in the tender forProject with Bid

  Document No. (hereinafter referred to as the “Bid”);

  2.委托人申請(qǐng)保證人為委托人或被擔(dān)保人開立上述合同或投標(biāo)項(xiàng)下以

  為受益人(以下稱“受益人”),金額 幣 ,編號(hào)為 的保函/備用信用證(下稱“保函”)。

  2. The Client applies to the Guarantor to open No. Letter of Guarantee/Stand-by LC

  (hereinafter referred to as the “Letter of Guarantee”) with an amount of(Currency)

  under the above Contract or Bid for the Client or the Guaranteed with as

  the Beneficiary (hereinafter referred to as the “Beneficiary”).

  保證人同意應(yīng)委托人申請(qǐng)按如下條件為委托人或被擔(dān)保人向受益人開具上述保函:

  The Guarantor agrees to issue the above letter of guarantee in favor of the beneficiary for the

  Client or the Guaranteed upon request of the Client on the following terms and conditions:

  第1條 在保證人開立保函之前,委托人應(yīng)根據(jù)保證人的要求:

  Article 1 Before the Guarantor issues the letter of guarantee, the Client shall upon request of the

  Guarantor:

  1.1 向保證人提供下列保障(以下項(xiàng)目根據(jù)實(shí)際情況打“√”選擇):

  1.1 Provide the Guarantor with the following security (please click “√” according to facts):

  □1.1.1 在保證人處開立保證金賬戶(保證金賬號(hào)為以保證金存入時(shí)甲方系統(tǒng)自動(dòng)生成的帳

  號(hào)為準(zhǔn)),存入金額為 幣 的保證金,作為委托人履行本協(xié)議項(xiàng)下各項(xiàng)義

  務(wù)的質(zhì)押擔(dān)保,以備受益人索賠時(shí)償付;和/或

  □1.1.1 Open a guarantee fund account (A/C is generated automatically by Party A’s system when

  the guarantee fund is deposited) with the Guarantor, and deposit a guarantee fund of

  (Currency)as a pledge guarantee for the Client to perform each obligation under the

  Agreement, and indemnify the Beneficiary at the time of claim; and/or

  □1.1.2經(jīng)保證人認(rèn)可的企業(yè)法人、其他組織或自然人向保證人簽發(fā)以保證人為受益人的不

  可撤銷反擔(dān)保書;和/或

  □1.1.2 Have any corporation, or other organization or natural person recognized by the Guarantor

  issue the Guarantor with an irrevocable letter of counter guarantee in favor of the Guarantor;

  and/or

  □1.1.3以保證人接受的抵押物或質(zhì)物抵(質(zhì))押給保證人,以作為償付擔(dān)保。雙方另訂抵(質(zhì))

  押合同。(做刪除標(biāo)記)

  本合同為《授信協(xié)議》項(xiàng)下具體合同的,本條款不適用,本合同項(xiàng)下債務(wù)自動(dòng)納入與保證人

  簽署了最高額抵/質(zhì)押合同或向保證人出具了最高額不可撤銷擔(dān)保書的擔(dān)保人的擔(dān)保范圍。If the Contract is a particular contract under the Credit Extension Agreement, this Article will be

  inapplicable, and the obligations under the Contract will be automatically included into the scope

  of undertaking by the undertaker signing a maximum mortgage/pledge contract with the guarantor

  or issuing the guarantor with a maximum irrevocable letter of undertaking.

  1.2應(yīng)保證人要求向保證人提供下列文件的正本或經(jīng)委托人法定代表人簽字并加蓋公章證

  實(shí)為真實(shí)和完整的副本;

  1.2 Upon request of the guarantor, provide the Guarantor with the original copies of the

  following documents or the duplicate copies signed by the legal representative of the Client and

  stamped with the official seal for proof of authenticity and integrity;

  1.2.1委托人及/或被擔(dān)保人的營(yíng)業(yè)執(zhí)照;

  1.2.1 The business license of the Client and/or the Guaranteed;

  1.2.2委托及/或被擔(dān)保人的'公司章程;

  1.2.2 The articles of association of the Client and/or the Guaranteed;

  1.2.3委托人全體現(xiàn)任董事名單及簽字樣本;

  1.2.3 The name list and the specimen signature of all the current directors of the Client;

  1.2.4同意委托人簽署并執(zhí)行本協(xié)議的委托人的董事會(huì)決議;

  1.2.4 The resolution of the board of directors of the Client approving the Client to sign and

  execute the Agreement;

  1.2.5委托人或被擔(dān)保人與受益人簽署的合同;或受益人的招標(biāo)文件,投標(biāo)人的投標(biāo)文件;(做

  刪除標(biāo)記)

  1.2.6委托人的上年度財(cái)務(wù)報(bào)表及審計(jì)報(bào)告書,以及申請(qǐng)前一個(gè)月的財(cái)務(wù)數(shù)據(jù);

  1.2.6 The Client’s financial statements and auditor’s report for the last year, and financial data for

  the month before the application;

  1.2.7抵押物或質(zhì)物的權(quán)屬證件(若有抵押物或質(zhì)物時(shí));(做刪除標(biāo)記)

  1.2.8保證人要求的其他資料。

  1.2.8 Other materials as requested by the Guarantor.

  上述手續(xù)或材料以保證人實(shí)際要求的為準(zhǔn),并且為保證人應(yīng)享有的權(quán)利而非義務(wù),有關(guān)手續(xù)

  或材料是否完全齊備對(duì)本協(xié)議效力不構(gòu)成影響。

  The provision of the above formalities or materials shall be based upon the actual request of the Guarantor, which is a right entitled to but not a duty assumed by the Guarantor, and their completeness and fullness will not affect the legal force of the Agreement.

  華譯網(wǎng)翻譯公司提供專業(yè)擔(dān)保合同翻譯服務(wù)。Shanghai Chinese consecutive interpretation service

  華譯網(wǎng)翻譯公司提供專業(yè)同聲傳譯服務(wù)。

  第2條 委托人在此向保證人聲明、承諾和保證如下:

  Article 2 The Client hereby makes a declaration, commitment and warrant to the Guarantor as follows:

  2.1委托人為依照中華人民共和國(guó)法律正式成立及有效存在的商事主體,有充分的民事行為能力簽訂和履行本協(xié)議;

  2.1 The Client is a commercial subject legally incorporated and validly in existence under the laws of the P. R. of China, and has full civil capacity to sign and perform the Agreement;

  2.2委托人有合法的資格簽署及履行本協(xié)議,簽訂和履行本合同已獲得董事會(huì)或任何其他有權(quán)機(jī)構(gòu)的充分授權(quán);

  2.2 The Client is eligible to sign and perform the Agreement, and has obtained the full authorization of the Board of Directors or any other competent authorities to sign and perform the Contract;

  2.3 委托人或被擔(dān)保人有合法資格與受益人簽署合同,有足夠的能力履行與受益人簽署的合同;委托人保證委托人或被擔(dān)保人履行與受益人簽署的合同,并有義務(wù)及時(shí)向保證人通報(bào)履約情況及出現(xiàn)的問題;

  2.3 The Client or the Guaranteed is eligible to sign the Contract with the Beneficiary, and has full capacity to perform the Contract signed with the Beneficiary; and the Client undertakes that the Client or the Guaranteed shall perform the Contract signed with the Beneficiary, and has duty to inform the Guarantor about the performance of contract and any issue arisen in due course;

  2.4 委托人接受和認(rèn)可保證人向受益人開立的保函的內(nèi)容;

  2.4 The Client accepts and acknowledges the contents of the letter of guarantee issued by the Guarantor to the Beneficiary;

  2.5 委托人保證不使保證人因?yàn)殚_具保函而蒙受任何損害和損失;

  2.5 The Client undertakes to protect the Guarantor from any damage or loss as a result of issuing the letter of guarantee;

  2.6 委托人無條件地同意保證人按有關(guān)法律規(guī)定及/或在無其他約定的情況下按辦理保函項(xiàng)下的一切事宜,并承擔(dān)由此產(chǎn)生的責(zé)任;

  2.6 The Client unconditionally agrees the Guarantor shall handle any matters under the letter of guarantee according to the relevant provisions of the laws except otherwise stipulated, and assume any liability arisen therefrom;

  2.7委托人保證當(dāng)受益人向保證人索賠時(shí),委托人無條件承擔(dān)第一位付款責(zé)任;

  2.7 The Client undertakes that where the Beneficiary claims against the Guarantor, the Client shall unconditionally assume the primary liability for payment;

  2.8委托人保證保函項(xiàng)下的項(xiàng)目符合國(guó)家有關(guān)法律法規(guī)的規(guī)定,由于項(xiàng)目本身而產(chǎn)生的一切經(jīng)濟(jì)和法律責(zé)任由委托人承擔(dān),與保證人無任何關(guān)聯(lián);

  2.8 The Client undertakes that the project under the letter of guarantee conforms to the provisions

  of the laws and regulations of the state, and any economic and legal liability arisen from the project itself shall be only borne by the Client, but have no relationship with the Guarantor;

  2.9委托人同意按本協(xié)議規(guī)定,按期足額支付上述保函項(xiàng)下的依照保證人要求應(yīng)付的各項(xiàng)費(fèi)用;

  2.9 The Client agrees to duly pay in full any expenses payable under the above letter of guarantee upon request of the Guarantor according to the provisions of the Agreement;

  2.10 委托人同意保證人僅有義務(wù)審核保函項(xiàng)下受益人提交的索賠文件、單據(jù)或證明(以下統(tǒng)稱“索賠文件”)的表面真實(shí)性,而不對(duì)索賠文件所述事實(shí)的真實(shí)性負(fù)任何責(zé)任;

  2.10 The Client agrees that the Guarantor only has duty to examine the apparent authenticity of the claim documents, vouchers or certificates (hereinafter uniformly referred to as the “claim documents”) submitted by the Beneficiary under the letter of guarantee, but assume no liability for the authenticity of the facts stated in the claim documents;

  2.11委托人同意當(dāng)因匯率波動(dòng)或可能發(fā)生波動(dòng)或保函修改等原因?qū)е卤WC金賬戶資金不足時(shí),將按保證人的要求不時(shí)存入足額資金,該資金自存入保證金賬戶之日起視為特定化并移交保證人占有,作為委托人履行本協(xié)議項(xiàng)下各項(xiàng)義務(wù)的質(zhì)押擔(dān)保;

  2.11 The Client agrees to deposit adequate fund from time to time upon request of the Guarantor where the guarantee fund account falls short due to any movement or would-be movement of exchange rates or any amendment to the letter of guarantee, and such fund shall be deemed as designated and handed over to the occupancy of the Guarantor as of the date when it is deposited into the guarantee fund account as the pledge guarantee for the Client to perform each obligation under the Agreement;

  2.12 委托人同意在辦理保函業(yè)務(wù)時(shí),如郵電、電訊傳遞過程中發(fā)生的任何延誤、遺失、殘缺或其他差錯(cuò),保證人無須承擔(dān)責(zé)任;

  2.12 The Client agrees that the Guarantor shall assume no liability for any delay, loss, defect or other error incurred in the process of posts and telecommunications transmission at the time of handling the guarantee business;

  2.13 委托人保證按季向保證人報(bào)送貸后檢查所需財(cái)務(wù)數(shù)據(jù)及與保函業(yè)務(wù)相關(guān)的資料。

  2.13 The Client undertakes to submit the Guarantor with any financial data required for post-loan examination and any materials related to the guarantee business quarterly.

英文合同 篇6

  出口合同

  Sales Contract

  編 號(hào):

  No. :

  簽約地點(diǎn):

  Signed at:

  日 期:

  Date:

  賣方:

  Seller:

  地址:

  Address :

  電話:

  Tel:

  傳真:

  Fax:

  電子郵箱:

  E-mail:

  買方:

  Buyer:

  地址:

  Address:

  電話:

  Tel:

  傳真:

  Fax:

  電子郵箱:

  E-mail:

  買賣雙方經(jīng)協(xié)商同意按下列條款成交:

  The undersigned Seller and Buyer have agreed to close the following transactions according to the terms and conditions set forth as below:

  1. 貨物名稱、規(guī)格和質(zhì)量

  1. Name, Specifications and Quality of Commodity:

  2. 數(shù)量

  2. Quantity:

  3. 單價(jià)及價(jià)格條款

  3. Unit Price and Terms of Delivery:

 。ǔ橇碛幸(guī)定,“FOB”、“CFR”和“CIF”均應(yīng)依照國(guó)際商會(huì)制定的《20xx年國(guó)際貿(mào)易術(shù)語解釋通則》(INCOTERMS 20xx)辦理。)

  The terms FOB,CFR,or CIF shall be subject to the International Rules for the Interpretation of Trade Terms (INCOTERMS 20xx) provided by International Chamber of Commerce (ICC) unless otherwise stipulated herein.)

  4. 總價(jià)

  4. Total Amount:

  5. 允許溢短裝

  5. More or Less:___%。

  6. 裝運(yùn)期限

  6. Time of Shipment:

  收到可以轉(zhuǎn)船及分批裝運(yùn)之信用證___天內(nèi)裝運(yùn)。

  Within _____ days after receipt of L/C allowing transhipment and partial shipment.

  7. 付款條件

  7. Terms of Payment:

  買方須于____ 前將保兌的、不可撤銷的、可轉(zhuǎn)讓的、可分割的即期付款信用證開到賣方,該信用證的有效期延至裝運(yùn)期后_____天在中國(guó)到期,并必須注明允許分批裝運(yùn)和轉(zhuǎn)船。

  By Confirmed, Irrevocable, Transferable and Divisible L/C to be available by sight draft to reach the Seller before ______ and to remain valid for negotiation in China until ______after the Time of Shipment. The L/C must specify that transshipment and partial shipments are allowed.

  買方未在規(guī)定的時(shí)間內(nèi)開出信用證,賣方有權(quán)發(fā)出通知取消本合同,或接受買方對(duì)本合同未執(zhí)行的全部或部份,或?qū)σ虼嗽馐艿膿p失提出索賠。

  The Buyer shall establish a Letter of Credit before the above-stipulated time, failing which, the Seller shall have the right to rescind this Contract upon the arrival of the notice at Buyer or to accept whole or part of this Contract non fulfilled by the Buyer, or to lodge a claim for the direct losses sustained, if any.

  8. 包裝

  8. Packing:

  9. 保險(xiǎn)

  9. Insurance:

  按發(fā)票金額的.___%投保_____險(xiǎn),由____負(fù)責(zé)投保。

  Covering _____ Risks for______110% of Invoice Value to be effected by the ____________.

  10. 品質(zhì)/數(shù)量異議

  10. Quality/Quantity discrepancy:

  如買方提出索賠,凡屬品質(zhì)異議須于貨到目的口岸之日起30天內(nèi)提出,凡屬數(shù)量異議須于貨到目的口岸之日起15天內(nèi)提出,對(duì)所裝貨物所提任何異議于保險(xiǎn)公司、輪船公司、其他有關(guān)運(yùn)輸機(jī)構(gòu)或郵遞機(jī)構(gòu)所負(fù)責(zé)者,賣方不負(fù)任何責(zé)任。

  In case of quality discrepancy, claim should be filed by the Buyer within 30 days after the arrival of the goods at port of destination, while for quantity discrepancy, claim should be filed by the Buyer within 15 days after the arrival of the goods at port of destination. It is understood that the Seller shall not be liable for any discrepancy of the goods shipped due to causes for which the Insurance Company, Shipping Company, other Transportation Organization /or Post Office are liable.

  11. 由于發(fā)生人力不可抗拒的原因,致使本合約不能履行,部分或全部商品延誤交貨,賣方概不負(fù)責(zé)。本合同所指的不可抗力系指不可干預(yù)、不能避免且不能克服的客觀情況。

  11. The Seller shall not be held responsible for failure or delay in delivery of the entire lot or a portion of the goods under this Sales Contract in consequence of any Force Majeure incidents which might occur. Force Majeure as referred to in this contract means unforeseeable, unavoidable and insurmountable objective conditions.

  12. 爭(zhēng)議的解決

  12. Dispute Resolution:

  凡因本合同引起的或與本合同有關(guān)的任何爭(zhēng)議,均應(yīng)提交中國(guó)國(guó)際經(jīng)濟(jì)貿(mào)易仲裁委員會(huì),按照申請(qǐng)仲裁時(shí)該會(huì)現(xiàn)行有效的仲裁規(guī)則在南京進(jìn)行仲裁。仲裁裁決是終局的,對(duì)雙方均有約束力。

  Any dispute arising from or in connection with this Contract shall be submitted to China International Economic and Trade Arbitration Commission for arbitration which shall be trialed in Nanjing and conducted in accordance with the Commission’s arbitration rules in effect at the time of applying for arbitration. The arbitral award is final and binding upon both parties.

  13. 通知:

  13. Notices:

  所有通知用___文寫成,并按照如下地址用傳真/電子郵件/快件送達(dá)給各方。如果地址有變更,一方應(yīng)在變更后___日內(nèi)書面通知另一方。

  All notice shall be written in _____ and served to both parties by fax/e-mail /courier according to the following addresses. If any changes of the addresses occur, one party shall inform the other party of the change of address within ____ days after the change.

  14. 本合同為中英文兩種文本,兩種文本具有同等效力。本合同一式 _____ 份。自雙方簽字(蓋章)之日起生效。

  14. This Contract is executed in two counterparts each in Chinese and English, each of which shall be deemed equally authentic. This Contract is in _____ copies effective since being signed/sealed by both parties.

  賣方簽字:買方簽字:

  The Seller: The Buyer:

英文合同 篇7

  CONTRACT ON TRADE OF RUSSIA COAL

  賣方:俄羅斯國(guó)海參崴礦業(yè)進(jìn)出口有限公司

  The Seller:Vladivostok Mining Import / Export Company Ltd. , Russia

  地址 (Address):

  買方The Buyer:

  地址Address:

  依下列條款賣方同意賣出、買方同意買進(jìn)俄羅斯產(chǎn)煤炭。

  The Buyer agree to buy and The Seller agree to sell coal produced in Russia on terms and conditions as set forth below:

  一、品名和規(guī)格 Goods Name and Specification

  品名:燃煤 Goods Name: Coal

  規(guī)格:Specification

  二、裝運(yùn)/卸貨港與保險(xiǎn) Shipping/ Destination and Insurance

  (1) 裝運(yùn)港:俄羅斯海參崴

  Port of Loading : Vladivostok Port, Russia

  (2) 卸貨港:中國(guó) 上海 黃浦港

  Port of Destination: Huangpu Port, Shanghai, China

  (3) 保險(xiǎn):按110%發(fā)票金額由賣方負(fù)責(zé)擔(dān)保

  Insurance : To be covered by The Seller for 110% of the Invoice Value.

  (4) 履約保證金:Performance Bond

  (A) 在合同簽定后5個(gè)工作日內(nèi),賣方將30,000美元的履約保證金交予買方。

  The Seller should submit USD30,000 of the Performance Bond within 5 working days after signing the contract.

  (B) 當(dāng)賣方履行完合同中之裝運(yùn)及交貨后,買方應(yīng)一次性將賣方交納的履約保證金30,000美元無息退還給賣方。

  Once The Seller has effected the shipment / delivery of the contract, The Buyer should return the total amount of USD 30,000 to The Seller without any interest charges.

  三、付款與單據(jù) Payment and Bill of Document

  付款方式: Terms of Payment :

  由有資質(zhì)銀行開列的不可撤銷,100%付款跟單即期信用證。付款分以下部份:

  By document, Transferable, Irrevocable 100% payable, at sight L/C opened by Buyer’s agent from Prime Bank. Settlement shall be divided as per follow:

  提交議付行90%首付金額單據(jù)如下:

  The document should be presented to negotiate on Bank for 90% Provisional Payment as follow :

  (1) 賣方簽署的商業(yè)發(fā)票一正三副。

  Signed commercial invoice in 1 origin and 3 copies.

  (2) 3/3全套全本清潔的已裝船的提單空白處標(biāo)明”運(yùn)費(fèi)已付”,并于卸貨港通知開證申請(qǐng)人。

  3/3 full set origin Clean on Board Bill of Loading made out to order, blank endorsed marked “ Freight Prepaid “, and notifying the Applicant at the destination port.

  (3) 由俄羅斯海關(guān)商檢出具的裝船取樣分析證書,正本一份及副本二份。

  Original Certificate of Sampling and Analysis is issued by PT. Superindending Company of Russia the commodity inspection authorities in 1 origin and 2 copies.

  (4) 由俄羅斯商檢出具的裝港重量證書,正本一份及副本二份。

  Origin Certification of Weight issued by PT. Superindending Company of Russia (SUCOFINDO) in 1 origin and 2 copies.

  (5) 由俄羅斯貿(mào)易和工業(yè)有關(guān)部門或相關(guān)的商業(yè)或任何相關(guān)的協(xié)會(huì)出具的原產(chǎn)地證書。

  Certificate of Origin issued by relevant Department of Trade & Industry Republic of Russia or relevant (Provincial) Chamber of Commerce or any authorized institute in Russia.

  (6) 俄羅斯主要保險(xiǎn)公司出具的保險(xiǎn)單,正本一份及副本二份。

  Insurance Policy issued by the major insurance company of Russia in 1 origin or 2 copies.

  (7) 10%尾款于船到港后15天支付。所需文件如下:

  The balance of 10% payment subject to 15 days after vessel arrival at the destination part. The required documents as follow:

  (8) 賣方簽署的商業(yè)發(fā)票,正本一份及副本三份。

  Signed commercial Invoice in 1 origin and 3 copies.

  (9) 船到港的文件。Vessel arrival document at destination port.

  (10) 如果發(fā)生需要修改或擴(kuò)充信用證的情況,提出的一方必須承擔(dān)有關(guān)銀行的費(fèi)用。

  The requesting party shall bear the bank charges for the amendment or extension of Letters of Credit as and when such situations arise.

  四、檢驗(yàn) Inspection

  (6) 檢驗(yàn):重量由水尺檢驗(yàn)方法測(cè)定,而重量及質(zhì)量檢驗(yàn)標(biāo)準(zhǔn)由俄羅斯的商檢機(jī)構(gòu)抽取樣本進(jìn)行檢驗(yàn),并出具檢驗(yàn)報(bào)告為首要標(biāo)準(zhǔn)。相關(guān)的證書將作為最終結(jié)算依據(jù)之文件。

  Inspection: Inspection weight to be determined by DRAFT SURVEY INSPECTED also with quality analysis based on certificate issue by The commodity inspection authorities . The relevant certificates shall be final document for any payment.

  五、裝卸Shipping and Discharging

  (1) 裝運(yùn)時(shí)間:賣方將于收到買方所開列信用證的30天以內(nèi)完成裝運(yùn)。

  The Seller will effect the shipment within 30 days after receipt of Buyer’s Letter of Credit.

  (2) 裝貨裝率以8,000噸/天為準(zhǔn)。裝貨時(shí)間從船舶靠港后起算。

  The Loading shall be on basis of 8,000 MT/day from the time the ship park the loading port.

  (3) 貨物完成裝船后的2天內(nèi),賣方應(yīng)告知買方合同號(hào)碼,貨物名稱,發(fā)票金額,船名及裝船時(shí)間。

  Within two working days after completion of loading of the goods on board the vessel. The Seller shall advise the Buyer of the contract no, the name of goods, the invoice amount, the vessel’s name and the date of shipment.

  六、驗(yàn)收標(biāo)準(zhǔn):The Standard for checking and acceptance:

  6.1 全水分(Total Moisture)

  若俄羅斯SUCOFINDO(SGS)所出具的商檢報(bào)告中全水分超過合約值,買方有權(quán)從已交付的煤炭中按超出水分百分比扣除煤量,若全水分超過22%,買方有權(quán)拒收,扣煤量計(jì)算如下(每噸單位以FOB價(jià)計(jì)算):

  If the actual Total Moisture percentage of the shipment of the Coal as the Certificate of Analysis issued by Sucofindo (Russia) is higher than standard specification, if the actual Total Moisture is higher than 22.0%, then the Buyer can refuse to accept the steam coal; then the actual weight of the Coal shall be adjusted by the following formula (the tonnage price base on FOB price):

  6.2 灰分 (ASH Content)

  若實(shí)際灰分超過合同標(biāo)準(zhǔn)值時(shí),每超過1%,則按比例每噸扣除USD$0.30 (計(jì)算公式如下):

  If the actual ASH Content is higher than standard specification, then a penalty of each 1% faction pro rata will be USD$0.30 per metric ton.

  6.3 全硫 (Total Sulfur)

  若實(shí)際全硫超過合同標(biāo)準(zhǔn)值時(shí),每超過0.1%,則按比例每噸扣除USD$0.30;若實(shí)際全硫超過1.1%,買方有權(quán)拒收,計(jì)算公式如下:

  If the actual Total Sulfur is higher than standard specification, then a penalty of each 0.1% fraction pro rata will be USD$0.30 per metric ton, if the actual total sulfur is higher than 1.1% , then the Buyer can refuse to accept the steam coal.

  6.4 揮發(fā)分 (Volatile Matter)

  若實(shí)際揮發(fā)分低于合約標(biāo)準(zhǔn)值,每低于1%,則按比例每噸扣除USD$0.20 (計(jì)算公式如下):

  If the actual Volatile Matter is lower than standard specification, then a penalty of each 1% fraction pro rata will be USD$0.20 per metric ton.

  6.5 灰熔點(diǎn)溫度ASH Fusion temperature T1

  若灰熔點(diǎn)之變形溫勿低于合約值,則每低100℃,買分有權(quán)從應(yīng)付的.貨款中每噸扣除USD$0.20,計(jì)算公式如下:

  If the actual ASH Fusion temperature TI is lower than standard specification, then a penalty of each low 100℃ will be USD$0.20 per metric ton.

  6.6 熱值 Gross Calorific Value

  (1) 若高位發(fā)熱量(收到基,ADB)低于5450卡,每低于100大卡單價(jià)扣減0.6每元;若高位發(fā)熱量(收到基,ADB)超過5450大卡,每增加100大卡,單價(jià)增加0.50美元,6000大卡/kg封頂。

  In case of Gross Calorific Value (ADB) less than 5450 kcal, the unit price should be deducted USD$0.60 for every 100 kcal reduction. In case of Gross Calorific Value (ADB) more than 5450 kcal, the unit price should be increased USD$0.50 for every 100 kcal up to 6000 kcal.

  (2) 當(dāng)高位發(fā)熱量(收到基,ADB)低于5400大卡,每低于100大卡單價(jià)扣減1.20美元/噸。

  Shall and when to Gross Calorific Value (ADB) below 5400 kcal/kg, unit price shall be reduced by USD$1.20 per metric ton for every decrease of 100 kcal/kg.

  7. 有下列任一情況,買方有權(quán)拒收貨物

  In case of any of the follow condition, the Buyer has right to refuse the goods:

  (7.1) 灰分大于15% Ash content > 15%

  (7.2) 含硫量大于等于1.1% Total Sulphur ≧ 1.1%

  (7.3) 揮發(fā)分:低于38%或高于47% Volatile Matter < 38% OR > 47%

  (7.4) 收到基高位發(fā)熱量(空干基):小于5300大卡/公斤

  Gross Calorie Value (ADB) < 5300 kcal/kg

  (7.5) 全水大于或等于22% Total Moisture ≧22%

  八、 價(jià)格調(diào)整 Price adjustment

  (8.1) 雙方同意如果實(shí)際裝運(yùn)的貨物與合同的第一條規(guī)定的質(zhì)量有差別,則價(jià)格將有所調(diào)整。

  Both parties agree, shall the quality of the loaded cargo difference from of the quality as stipulated in article 1 aforementioned, the following price adjustment shall be effect.

  (8.2) 如遇買賣雙方不可控制和不預(yù)見的因素作調(diào)整。這些調(diào)整因素包括全世界的燃料上漲,俄羅斯政府增加的稅收等,所有調(diào)整的價(jià)格皆需買賣雙方同意。

  The price stated is subject to unforeseen price raise that are beyond the control of the supplier. This may include fuel increases worldwide, by Russia government, additional fees such as increases in taxes and duties. All adjusted are to be mutually agreed by both parties.

  九、 人力不可抗拒因素 Force Majeure

  由于一般公認(rèn)的人力不可抗拒原因而不能交貨或推遲裝運(yùn),賣方不負(fù)責(zé)任。賣方必須在事故發(fā)生時(shí)立即電告買方并在事故發(fā)生后20天內(nèi)航空郵寄給買方災(zāi)害發(fā)生地點(diǎn)之有關(guān)政府或商會(huì)所發(fā)給的證件證實(shí)災(zāi)害的存在。除因不可抗拒推遲交貨或不能交貨,如賣方不能按合同規(guī)定期限交貨,則應(yīng)賠償買方直接由于遲期交貨或不能按合同交貨所遭受的一切合理損失及費(fèi)用。人力不可抗拒事故繼續(xù)存在60天以上時(shí),買方有權(quán)撤銷合同或合同中未交付部分。

  The Seller shall not be help responsible if they fail, owing to Force Majeure cause of causes, to make delivery within the time stipulated in this Sales Contract or cannot delivery the goods. However, the Seller shall inform immediately the Buyer by fax or other writer form of the accident and airmail to Buyer within 20 days after the accident, a certificate of accident issued by the competent government authorities or the chamber of commerce which is located at the place where the accident occurs as evident thereof. With the exception of delayed delivery or non-delivery due to “Force majeure” causes, in case the Seller mail to make delivery within time as stipulated in the contract, the Seller should indemnify the Buyer for all justifiable and normal losses incurred to latter directly attributable to delayed delivery or failed to make delivery of the goods in accordance with the terms of this contract, if the “Force Majeure” cause lasts over 60 days, the Buyer have the right to cancel the contract or the un-delivery part of the contract. 十、仲裁:Arbitration :

  一起因執(zhí)行合同所發(fā)生與本合同有關(guān)之爭(zhēng)執(zhí),雙方應(yīng)友好協(xié)商解決。如雙方協(xié)商不能解決時(shí),應(yīng)提交新加坡國(guó)際貿(mào)易仲裁中心對(duì)外經(jīng)濟(jì)仲裁委員會(huì),根據(jù)其仲裁規(guī)則進(jìn)行仲裁。仲裁的裁決為終局裁決,對(duì)雙方均有約束力。仲裁費(fèi)育重非有關(guān)仲裁機(jī)構(gòu)另有決定外均由敗訴方負(fù)擔(dān)。

  All disputes arising in connection with this Sales Contract or the execution thereof shall be settled by way of amicable negotiation. In case no settlement can be reached between the two parties, the case at issue shall then be submitted for arbitration to Singapore International Trading Arbitration Council. The aard by such arbitration shall be deemed as final and binding upon both parties. The fees for Arbitration shall borne by the losing party unless otherwise awarded.

  Buyers (Signature): 賣方 Sellers (signature):

  Director Director

  Date Date

  Witnesses:

英文合同 篇8

  Compensation Trade Contract

  This contract is hereby made and entered into between Guangdong Jiaxing Industrial Co.,Ltd.(hereinafter referred to as Party A) and Tailong Electronics(Singapore) Co., Ltd.(hereinafter referred to as Party B) on October 12,1995 in Guangzhou, China on the basis of equality and mutual benefit and through amicable consultation.

  Party A: Guangdong Jiaxing Industrial Co., Ltd.

  Add:317 Huanshi East Road,Guangzhou,China

  Tel: (020) 87786162

  Fax: (020) 87619503

  Party B: Tailong Electronics (Singapore) Co., Ltd.

  Add:111North Bridge Road,Singapore

  Tel: (65) 3324951

  Fax: (65) 3324928

  1. Contents of Transactions

  1.1 Party A agrees to buy from Party B and Party B agrees to sell to Party A Assembly Lines for Color TV Sets, whose specifications, technical requirements, price and delivery schedule shall be specified in an additional contract to be made between both parties, which shall serve as an integral part of this contract.

  1.2 Party B shall buy from Party A Color TV Sets turned out on the Assembly Lines supplied by Party B in an amount approximately equal to that of the Assembly Lines. The quality, quantity, unit price, packing and delivery schedule shall also be specified in an additional contract, which shall constitute an integral part of this contract.

  2. Terms of Payment

  Payment of the transactions stipulated in Article 1 shall be effected by reciprocal Ls/C. Party A shall open a usance L/C in favor of Party B to pay by installments the entire cost of the Assembly Lines to be supplied by Party B; whereas Party B shall open a sight L/C in favor of Party A to pay each shipment of Color TV Sets to be delivered by Party A. The tenor of the usance L/C shall be in consistence with the term of compensation stipulated in Article 3. The total proceeds received by Party A from selling Color TV Sets to Party B within the duration of this contract shall be equal to, and used to cover, the total value of the Assembly Lines. In case the total proceeds received by Party A from selling Color TV Sets to Party B is not enough to cover the total value of the Assembly Lines, the balance shall be made up by Party B with down payment before the usance L/C opened by Party A expires, thus enabling Party A to effect payment due under the usance L/C.

  3. Term of Compensation

  Party A shall pay the total cost of the Assembly Lines by exporting Color TV Sets to Party B within 10 months from the 4th month after all parts of the Assembly Lines are delivered. In principle, the amount to be paid by Party B for its imports from Party A per month shall be 10 percent of the total amount due to be paid for the Assembly Lines. Party A can make payment ahead of schedule with a notice to Party B 1 months in advance.

  4. Currency for Pricing

  Both the Assembly Lines and the Color TV Sets shall be priced in terms of US Dollars. If the Color TV Sets are also to be sold on the home market within the term of compensation and thus have a price in RMB, their export price shall be its equivalent in US Dollars according to the exchange rate then prevailing.

  5. Interest Rate

  Party A shall bear the interest on the usance L/C and the down payment of Party B. The annual interest rate is agreed up on at 7.5%.

  6. Technical Service

  After arrival at the destination, the Assembly Lines shall be installed by Party A. When Party A believes it is necessary, Party B shall send its technicians to provide on-the-spot instructions and other technical assistance in the course of installation. Party B shall be liable for expenses of the technicians and losses incurred in the course of installation as a result of technical default on its part.

  7. Insurance

  7.1 The buying and selling of the Assembly Lines and the Color TV Sets shall be on FOB basis, thus the ocean marine cargo insurance on them shall be effected by Party A and Party B respectively.

  7.2 In the duration of this contract, the Assembly Lines shall be insured by Party A. Should any loss or damage occur, Party A shall lodge claims against the insurer and pay a part of the indemnification received from the insurer to Party B, which shall be in proportion to the payment Party A has not made for the part of machinery involved in the loss or damage.

  8. Liability for Breach

  Either party shall be liable for its breach of contract and indemnify for all losses thus incurred to the other party. In addition, the breaching party shall pay to the other party a fine, which shall account for 15% of the total amount involved.

  9. Performance Guarantee

  To guarantee the implementation of the contract, each party shall submit to the other a performance guarantee issued by a bank agreed by both parties. The guarantee bank of Party A is The Bank of China, Guangzhou Branch, while that of Party B is Sanwa Bank.

  10. Force Majeure

  10.1 Either party shall not be held responsible for failure or delay to perform all or any part of the contract due to flood, fire, earthquake, draught, war or any other events which could not be predicted at the time of conclusion of this contract, and could not be controlled, avoided or overcome by the relative party. However, the party affected by the event of Force Majeure shall inform the other party of its occurrence in writing as soon as possible and thereafter send a certificate of the event issued by the relevant authorities to the other party within 15 days of its occurrence.

  10.2 If the event of Force Majeure lasts over 120 days, both parties shall have the right to terminate the contract.

  11. Arbitration

  11.1All disputes arising from the performance of this contract shall be settled through friendly negotiations. Should no settlement be reached through negotiation, the case shall then be submitted for arbitration to the China International Economic and Trade Arbitration Commission (Beijing) and the rules of this Commission shall be applied. The award of the arbitration shall be final and binding upon both parties. The arbitration fee shall be borne by the losing party unless otherwise awarded by the commission.

  11.2 During the course of the arbitration, the contract shall be performed except for the part under arbitration.

  12. Amendment to the Contract

  The contract can be amended only after the amendment is agreed upon by both parties.

  13. Language and Validity

  13.1 The contract shall be written in Chinese and English. Both versions are equally authentic. In the event of any discrepancy between the two versions, the Chinese version shall prevail.

  13.2 The contract shall come into effect as soon as it is duly signed by both parties and shall remain effective for two years.

  Party A: Guangdong Jiaxing Industrial Co., Ltd

  (Signature)

  Party B: Tailong Electronics (Singapore) Co., Ltd

  (Signature)

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