contract2

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contract[2]

contract[2]

Purchase contract071127/VN-HHDate: November 27, 2007Seller: Beijing Fanxing Guangdian Medical Treatment Equipment Co.,LtdAdd: No.B-5F, ZhiYeYuan, Dawn Garden, Hai Dian, Beijing, China 100089Tel: +86-10-88465027 Fax: +86-10-88461026E-mail:fxgdyl@Buyer: HAHIEP CO.,LTDAdd: 180 La Thanh Road, O Cho Dua, Dong Da, Hanoi, VietnamTel: +84 - 4 - 8514486Fax: + 84 - 4 - 5119945Represented by: Mrs. Nguyen Thuy Ha/ DirectorIt has been m utually agreed to enter into this contract on the following terms and conditions hereunder set forth.Article 1 : Description, quantity, quality, unit price, valueTotal amount:EUR 3623 CIF Ha NoiSay: EURO three thousand six hundred and fifteen onlyThe price mentioned above is to be understood CIF Gia Lam Airport, Ha Noi, Vietnam in according to INCOTERMS 2000.Quality: According to standard of manufacture for export. All goods is brand new100% and made in China.Packing and marking: Export standard packing with indelible paint on package.Article 2 : Shipment-Time of shipment : 5 days after receiving the deposit.-Partial shipment : Not allowed-Transhipment : Not allowed-Loading port : Beijing-Destination : GiaLam Airport, Hanoi, Viet Nam-Notice of shipment : Within 48 hours before loading the goods, the seller shall notify by fax/e-mail to the buyer as follows + Contract No., name of goods, quantity, amount.+ Gross/Net weight and measurement, number of cases.+ Name of flight.+ Post of loading and destination,+ Invoice and packing list number, copy of original Airway Bill.Article 3 : Payment and documentPayment: 100% contract value will be paid by T/T in advance* Beneficiary’s reference:. BANK OF CHINA BEIJING BRANCHNO.8 YA BAO LUBEIJING CHINASWIFT CODE:BKCHCNBJ110ACCOUNT NUMBER:4080103-0188-049959-0NAME: DONG GUO QINGThe buyer and the seller will bear banking charges in their respective country.2. Documents required:- Signed commercial invoice: 3 originals- Packing list : 3 originals- Certificate of quality and quantity prepared by Maker or Seller: 2 originals- Factory Test report for the product issued by Manufacturer- Certificate of warranty* Note: Within 48 hours after shipment, all the above documents as well as original catalogue shall be presented to the buyer by EMS.Article 4: WarrantyThe Seller warrants that the goods supplied under the contract are brand-new full, unused and be the most recent models.This warranty shall remain valid for 12 (twelve) months after the date of completion of goods delivery.Article 5 : GuaranteeThe seller guarantees that the goods supplied under this contract are Brand-New, full and without defects, suitable for the purpose in conformity with the type and technical specifications.Article 6: ArbitrationIn the course of execution of this contract, all disputes not reaching an amicable settlement by mutual discussion between the two parties shall be settled by Central International Arbitration at the Chamber of Commerce and Industry of S.R Vietnam in Hanoi whose award shall be final and binding on both parties. The cost for arbitration and or other expenses relating to the arbitration shall be born by the losing party.Article 7 : General conditionAny amendment and/or additional clause shall be valid only if made in writing and confirmed by the both parties.For and on behalf For and on behalf of the buyer of the seller。

contract是什么意思中文翻译

contract是什么意思中文翻译

contract是什么意思中文翻译contract既能做名词也能做动词,那么你知道contract做名词和动词分别都是什么意思吗?下面店铺为大家带来contract的英语意思和英语例句,欢迎大家参考学习!contract作名词的意思合同;契约;协议contract作动词的意思签合同;缩小;感染contract的英语音标英 [kənˈtrækt] 美 [ˈkɑnˌtrækt]contract的时态现在分词: contracting过去式: contracted过去分词: contractedcontract的英语例句1. A formal contract is signed which is renewable annually.正式签订了每年可续签的合同。

2. That contract proved to be a millstone around his neck.那个合同结果成了他的一个负担。

3. The contract was awarded to a previously unknown company.合同签给了一个之前并不知名的公司。

4. She's coining it in with a $10 million contract with Revlon.她靠与露华浓签订的一笔1,000万美元的合同发了大财。

5. They can transfer or share the contract with whosoever they choose.他们可以与他们选择的任何人交换或分享这份合约。

6. Don't sign anything until your solicitor has explained the contract to you.在律师向你解释清楚合同之前,不要签署任何东西。

7. Employees can contract out of their employer's occupational pension scheme.雇员可以退出雇主的职业养老金计划。

猴枣散合同2

猴枣散合同2

CONTRACT No. CRX0810AThe Buyer (买方): BEIJING CREDIT IMPORT AND EXPORT TRADING LIMITED北京克雷迪进出口贸易有限公司The Seller(卖方):FORTUNR COMPANYThis Contract is made by and between the Buyer and the Seller; whereby the Buyer agrees to buy and the Seller agrees to sell the following commodity according to the terms and conditions stipulated below.买方购进,卖方售出下述货物,并按下列条款订立本合同:1.Equipment List 设备清单:COMMODITY 货物名称QUANTITY数量UNIT PRICE单价TOTAL AMOUNT总价CHU PAH HOU CHO SAN0.3g x 10 pcs / box猴枣散80,000 BOXES HK$10.00/BOX HK$800,000.00TOTAL VALUE(总价值/港元): CIF XINGANG HK$800,000.002.Country of Origin and Manufacturers 原产国家及制造商:Hongkong 香港3.Payment 支付: T/T 电汇4.Packing 包装: Standard Packing 标准包装5.Shipment 运输: By sea transportation from port of shipment to port of destination. Transshipment and partial shipment are not allowed. 海运,从装运港运到目的港, 不允许分运及转运.6.Time of Shipment 装运时间:Oct 2008 2008年10月7.Port of Shipment 装运港: Hongkong 香港8.Port of Destination 目的港: (Via Xingang to) Beijing, China (经由新港至)中国北京9.Special Provisions 附加条款: The taking effect of the Contract is signed by each party. 本合同经双方签字后正式生效The Buyer 买方:The Seller 卖方:The Buyer (买方): BEIJING CREDIT IMPORT AND EXPORT TRADING LIMITED北京克雷迪进出口贸易有限公司The Seller(卖方):D.VISSER & ZONEN BV HOLLANANDThis Contract is made by and between the Buyer and the Seller; whereby the Buyer agrees to buy and the Seller agrees to sell the following commodity according to the terms and conditions stipulated below.买方购进,卖方售出下述货物,并按下列条款订立本合同:1.Equipment List 设备清单:COMMODITY 货物名称QUANTITY数量UNIT PRICE单价TOTAL AMOUNT总价CUT FLOWER 切花815PCS EUR148.50TOTAL VALUE(总价值/欧元): CNF BEIJING EUR148.502.Country of Origin and Manufacturers 原产国家及制造商:NL、US、ZW、IL、PT、ES、MX3.Payment 支付: T/T 电汇4.Packing 包装: Standard Packing 标准包装5.Shipment 运输: By air transportation from port of shipment to port of destination. Transshipment and partial shipment are not allowed. 空运,从装运港运到目的港, 不允许分运及转运.6.Time of Shipment 装运时间:SEP 2010 2010年09月7.Port of Shipment 装运港: Hollanand 荷兰8.Port of Destination 目的港: Beijing, China 中国北京9.Special Provisions 附加条款: The taking effect of the Contract is signed by each party. 本合同经双方签字后正式生效The Buyer 买方:The Seller 卖方:The Buyer (买方): BEIJING CREDIT IMPORT AND EXPORT TRADING LIMITED北京克雷迪进出口贸易有限公司ADD:CAPITAL AIRPORT TIANZHU GARDEN TIANYUN BLDG 11-301The Seller(卖方):D.VISSER & ZONEN BV HOLLANANDADD:PRUNUS 42 1424 LD DE KWAKEL THE NETHERLANDSThis Contract is made by and between the Buyer and the Seller; whereby the Buyer agrees to buy and the Seller agrees to sell the following commodity according to the terms and conditions stipulated below.买方购进,卖方售出下述货物,并按下列条款订立本合同:1.Equipment List 设备清单:COMMODITY 货物名称QUANTITY数量UNIT PRICE单价TOTAL AMOUNT总价CYMBIDIUM(CUT FLOWER)大花蕙兰(切花)20,000PCS 0.20EUR EUR4,000.00TOTAL VALUE(总价值/欧元): EUR4,000.002.Country of Origin and Manufacturers 原产国家及制造商:NL 荷兰3.Payment 支付: T/T 电汇4.Packing 包装: Standard Packing 标准包装5.Shipment 运输: By air transportation from port of shipment to port of destination. Transshipment and partial shipment are not allowed. 空运,从装运港运到目的港, 不允许分运及转运.6.Time of Shipment 装运时间:JAN 2010——DEC 2010 2010年01月至2010年12月7.Port of Shipment 装运港: Hollanand 荷兰8.Port of Destination 目的港: Beijing, China 中国北京9.Special Provisions 附加条款: The taking effect of the Contract is signed by each party. 本合同经双方签字后正式生效The Buyer 买方:The Seller 卖方:The Buyer (买方): BEIJING CREDIT IMPORT AND EXPORT TRADING LIMITED北京克雷迪进出口贸易有限公司ADD:CAPITAL AIRPORT TIANZHU GARDEN TIANYUN BLDG 11-301The Seller(卖方): R.T.T.INTER TRADING CO.,LTD.ADD:13/1 moo 6 Krathumlom Samparn Nakornpathom Thailand 73220This Contract is made by and between the Buyer and the Seller; whereby the Buyer agrees to buy and the Seller agrees to sell the following commodity according to the terms and conditions stipulated below.买方购进,卖方售出下述货物,并按下列条款订立本合同:1.Equipment List 设备清单:COMMODITY 货物名称QUANTITY数量UNIT PRICE单价TOTAL AMOUNT总价DENDROBIUM(CUT FLOWER)石斛兰(切花)1,000,000DZS0.80USD/DZ 800,000.00USD TOTAL VALUE(总价值/美元): USD800,000.002.Country of Origin and Manufacturers 原产国家及制造商:TH 泰国3.Payment 支付: T/T 电汇4.Packing 包装: Standard Packing 标准包装5.Shipment 运输: By air transportation from port of shipment to port of destination. Transshipment and partial shipment are not allowed. 空运,从装运港运到目的港, 不允许分运及转运.6.Time of Shipment 装运时间:JAN 2010 ——DEC 2010 2010年01月至2010年12月7.Port of Shipment 装运港: Thailand 泰国8.Port of Destination 目的港: Beijing, China 中国北京9.Special Provisions 附加条款: The taking effect of the Contract is signed by each party. 本合同经双方签字后正式生效The Buyer 买方:The Seller 卖方:The Buyer (买方): BEIJING CREDIT IMPORT AND EXPORT TRADING LIMITED北京克雷迪进出口贸易有限公司ADD:CAPITAL AIRPORT TIANZHU GARDEN TIANYUN BLDG 11-301The Seller(卖方): R.T.T.INTER TRADING CO.,LTD.ADD:13/1 moo 6 Krathumlom Samparn Nakornpathom Thailand 73220This Contract is made by and between the Buyer and the Seller; whereby the Buyer agrees to buy and the Seller agrees to sell the following commodity according to the terms and conditions stipulated below.买方购进,卖方售出下述货物,并按下列条款订立本合同:1.Equipment List 设备清单:COMMODITY 货物名称QUANTITY数量UNIT PRICE单价TOTAL AMOUNT总价DENDROBIUM(CUT FLOWER)石斛兰(切花)100,000DZS 0.80USD/DZ 80,000.00USDTOTAL VALUE(总价值/美元):CNF BEIJING USD80,000.002.Country of Origin and Manufacturers 原产国家及制造商:TH 泰国3.Payment 支付: T/T 电汇4.Packing 包装: Standard Packing 标准包装5.Shipment 运输: By air transportation from port of shipment to port of destination. Transshipment and partial shipment are not allowed. 空运,从装运港运到目的港, 不允许分运及转运.6.Time of Shipment 装运时间:JUN 2010——DEC 2010 2010年6月——2010年12月7.Port of Shipment 装运港: Thailand 泰国8.Port of Destination 目的港: Beijing, China 中国北京9.Special Provisions 附加条款: The taking effect of the Contract is signed by each party. 本合同经双方签字后正式生效The Buyer 买方:The Seller 卖方:The Buyer (买方): BEIJING CREDIT IMPORT AND EXPORT TRADING LIMITED北京克雷迪进出口贸易有限公司ADD:CAPITAL AIRPORT TIANZHU GARDEN TIANYUN BLDG 11-301The Seller(卖方): R.T.T.INTER TRADING CO.,LTD.ADD:13/1 moo 6 Krathumlom Samparn Nakornpathom Thailand 73220This Contract is made by and between the Buyer and the Seller; whereby the Buyer agrees to buy and the Seller agrees to sell the following commodity according to the terms and conditions stipulated below.买方购进,卖方售出下述货物,并按下列条款订立本合同:1.Equipment List 设备清单:COMMODITY 货物名称QUANTITY数量UNIT PRICE单价TOTAL AMOUNT总价DENDROBIUM(CUT FLOWER)DENDROBIUM(CUT FLOWER)HELICONIA(CUT FLOWER)石斛兰(切花)石斛兰(切花)富贵鸟(切花)1,080DZS250STEMS90STEMS0.80USD0.80USD0.80USD864.00USD200.00USD72.00USDTOTAL VALUE(总价值/美元):CNF BEIJING USD1,136.002.Country of Origin and Manufacturers 原产国家及制造商:TH 泰国3.Payment 支付: T/T 电汇4.Packing 包装: Standard Packing 标准包装5.Shipment 运输: By air transportation from port of shipment to port of destination. Transshipment and partial shipment are not allowed. 空运,从装运港运到目的港, 不允许分运及转运.6.Time of Shipment 装运时间: FEB 2010 2010年2月7.Port of Shipment 装运港: Thailand 泰国8.Port of Destination 目的港: Beijing, China 中国北京9.Special Provisions 附加条款: The taking effect of the Contract is signed by each party. 本合同经双方签字后正式生效The Buyer 买方:The Seller 卖方:。

outcome2_contract_(2)

outcome2_contract_(2)

9
Solus agreements
Solus is Latin for ‘alone’ and this type of agreement exists when a retailer or dealer binds himself to one particular manufacturer or supplier in return for favourable terms. Esso Petroleum Co Ltd V Harper’s Garage(1968) Centre for Maritime Industrial Safety Technology Ltd v Crute [2003]
5
Types of restrictive covenants
Contracts between employer and employee Contracts between seller and purchaser of a business Solus agreements
6
covenant
1.
13
Innocent Misrepresentation
2. The party seeking to cancel the contract must be able to restore the other party to the position they were in before the contract was made If the misrepresentation only concerns a minor detail then the contract is only voidable and usually the court will let it stand

Chapter 2 商务英语翻译技巧

Chapter 2 商务英语翻译技巧

3. The articles of our immediate interest are your “CHON-HOI兴”趣 brand
b.The exporter may take the accepted bill to a discount bank before the maturity if he is in urgent need of the amount of money.
出口商如果急需用这笔钱,他可以把这个承兑了的汇票 拿去贴现银行贴现。
美元对几个国家的货币保持坚挺。加拿大是 美国最大的贸易伙伴,占了美国进出口总额 的20%。目前加元对美元比价处于历史最低 点。
精品课件
专业性
普通词汇,特殊意义 In order to market our new product, we
have printed fine literature. literature 普通英语中,"文学"; 商 务 英 语 中 , "printed matters, including
上述报价的商品均为畅销货物,它们已在世界各 地市场上赢得很高的声誉。
b.The articles in this agreement must not be modified and ended without the agreement by both parties.
本协议中所列条款未经双方一致同意不得变动和 修改。
商 务 英 语 中 , dishonor 指 银 行 “ 退 票 、 拒 付”。
如果信用证的条款不一致,出口商的汇票有可 能遭到银行拒付。
精品课件
专业词汇 lot Labels: labels attached to each piece of

第2章 合同(Contract)【国际工程实务英语】

第2章 合同(Contract)【国际工程实务英语】

Chapterc2 合同Contract第一节建筑合同的种类Types of Construction Contract一、按计价机制分类的合同(Contracts according to Pricing Mechanism) (一)总价合同/ 包干合同/ 总包合同(Lump Sum Contract)承包商同意实施全部指定的工程,以获得一笔预先规定的总款项。

[kən'sent]The contractor consents to execute the entire specified work for a stated total sum.(二)成本补偿合同(Cost Reimbursement Contract)雇主承诺支付承包商主要成本/直接成本,也就是施工中使用到的实际人工费、设备费、材料费。

The client undertakes to pay the contractor the prime cost: that is, the actual cost of labor, plant and materials utilized in the execution of the works.除了直接成本外,承包商还被付有代替开办费和利润的一笔约定款额。

In addition to the prime cost, the contractor is paid an agreed sum to cover establishment charges and profit.(三)单价合同(Unit Price Contract)即使没有给出合同价,但由于双方就适用于该工程的费率达成一致,因此对于成本是有一定控制的。

There is some control over cost because the parties agree on the rates which will apply to the work even though there is no contract sum. (四)计量合同(Measurement Contract)在本合同协定下,工程的单价是可提前预算的,但总价只能到工程完工时估量、估价来确定。

contract-2

contract-2

第一节、用词方面
18). thereon = on that (在其上) 19). thereof = of that; from that source (由此;因 此) 20). thereto = to that (向那里;此外;又) 21). thereunder = under that (在其项下) 22). thereupon = then; as the result of that (随后; 因此;在其上;关于那) 23). therewith = with that or it (从此;与此) 24). whereas = considering that; but (鉴于;而) 25). whereby = by what; in which (由是;凭那个)
第一节、用词方面
4). Furthermore, Licensee agrees to pay and shall pay a royalty of …% on the Net Selling Price of all products manufactured and/or assembled by Licensee during the term of this Agreement. (此 外,购证人还同意按在协议期间制造或装配产品的销售 净价..%支付提成费。)这是同义的谓语成对出现。 5). Each party to this Agreement shall fulfill or perform any of the obligations under this Agreement. (本协议双方应履行协议规定的义务。) 这是同义的谓语动词成对出现。 6). This Agreement and any rights or obligations hereunder are not transferable or assignable by

2025届高中英语一轮话题复习课件:主题二人与社会 语境22 重要国际组织与社会公益机构

2025届高中英语一轮话题复习课件:主题二人与社会 语境22 重要国际组织与社会公益机构

速记 话题词汇句型
11 make a list of 12 at one time 13 with/have a history of... 14 arouse one’s enthusiasm for...
列……的清单 曾经;一度 有……的历史 激发某人对……的热情
速记 话题词汇句型
Ⅴ.悟经典句式
adj.每天的;日常的 adv.每日;每天 n.日报
速记 话题词汇句型
8 account 9 alike
n.[C](常用复数)账,账目;账户,账号; 叙述;报告;解释 vt.认为是,视为
adj.(不用于名词前)同样的;相像的 adv.很相似地;同样地;两者都
速记 话题词汇句型
10 conflict 11 put 12 quantity
速记 话题词汇句型
11 promote
→promotion 12 donate
→donation →donor
v.增进,促进;提升;宣传,推广,推销 (商品等) n.促进;提升 vt.捐赠 n.捐赠;捐献 n.捐赠者
速记 话题词汇句型
13 distribute →distribution
14 disabled →disability →disable
默写 词汇句型巩固
5.account
6. conflict 7. salary 8. profound
n.[C](常用复数)账,账目;账户,账号; 叙述;报告;解释 vt.认为是,视为 n.战斗;(军事)冲突;矛盾 vi.冲突,抵触 n.工资;薪水 adj.(影响)深远的;极大的
默写 词汇句型巩固
8 loudspeaker 9 criterion 10 beneficiary

第二次劳动合同到期申请续签英文范文

第二次劳动合同到期申请续签英文范文

第二次劳动合同到期申请续签英文范文全文共3篇示例,供读者参考篇1Second Labor Contract Renewal ApplicationDate: [Date]To: [Employer’s Name]Subject: Renewal Request for Second Labor ContractDear [Employer’s Name],I am writing to formally request the renewal of my second labor contract with [Company Name]. My current contract is set to expire on [Contract End Date], and I would like to express my interest in continuing my employment with the company.Since joining [Company Name], I have enjoyed working in a dynamic and challenging environment. I have grown both personally and professionally during my time here, and I believe that I have made significant contributions to the team and the company as a whole.I am particularly proud of the work I have done [specific projects or achievements], and I am committed to continuing tostrive for excellence in my role. I have developed strong relationships with my colleagues and supervisors, and I value the opportunity to continue working with such a talented and dedicated team.I am confident that my skills and experience make me a valuable asset to [Company Name], and I am excited about the possibility of furthering my career here. I am committed to upholding the values and standards of the company, and I am dedicated to continuing to contribute to its success.I would like to discuss the terms of my contract renewal, including any adjustments to my responsibilities, compensation, or benefits. I am open to negotiation and am willing to consider any suggestions that the company may have.I hope that you will consider my request for renewal favorably. I am looking forward to continuing my employment with [Company Name] and to contributing to its continued growth and success.Thank you for your time and consideration. I am grateful for the opportunity to be a part of such a fantastic team, and I am excited about the potential of continuing to work with [Company Name] in the future.Sincerely,[Your Name]篇2Subject: Application for Renewal of Second Employment ContractDear [Employer's Name],I am writing to formally request the renewal of my second employment contract which is due to expire on [Contract End Date]. I have thoroughly enjoyed my time working at [Company Name] and feel that I have made valuable contributions to the team during my tenure.Since joining the company, I have consistently demonstrated a strong work ethic, dedication, and a commitment to excellence in all tasks assigned to me. I have successfully completed projects on time and have effectively worked with colleagues to achieve our collective goals. I have also taken the initiative to further develop my skills and knowledge in my field of expertise.Moreover, I believe that my continued presence within the company will not only benefit me personally but will also contribute to the continued success and growth of theorganization. I am committed to upholding the values and standards of [Company Name] and am eager to continue being a part of this dynamic and innovative team.I kindly request that you consider my application for contract renewal and provide me with the opportunity to further contribute to the success of the company. I am confident that I have the skills, experience, and dedication necessary to continue making positive contributions to the team.Thank you for considering my request. I look forward to the opportunity to continue working with [Company Name] and am excited about the potential for future growth and success.Sincerely,[Your Name][Employee ID][Contact Information]篇3Subject: Request for Renewal of Second Labor ContractDear [Name of Employer],I am writing to formally request the renewal of my second labor contract, which is set to expire on [date]. I have thoroughly enjoyed my time working with [company name] over the past few years and I am eager to continue contributing my skills and expertise to the team.During my time at [company name], I have consistently demonstrated my dedication to my work and have achieved excellent results in my role as [your current position]. I have always strived to uphold the values and principles of the company, and I am proud to be a part of such a dynamic and innovative organization.I believe that my experience and knowledge of the industry make me a valuable asset to [company name], and I am confident that I can continue to make significant contributions to the company's success in the future. I am committed to upholding the highest standards of professionalism and excellence in all aspects of my work, and I am always eager to learn and grow in my role.I would like to express my gratitude for the opportunities that have been afforded to me during my time at [company name], and I am excited about the possibility of continuing to be a part of the team. I am confident that a renewal of my contractwould be mutually beneficial for both parties, and I am hopeful that you will consider my request favorably.Thank you for your attention to this matter. I look forward to discussing the details of the renewal with you at your earliest convenience.Sincerely,[Your Name]。

合同英文第一条第二条

合同英文第一条第二条

合同英文第一条第二条Article 1: Definitions and Interpretation.1.1 In this Contract, unless the context otherwise requires:"Contract" means this agreement between the parties, including any Schedules, Annexes, and Appendices attached hereto."Party" means either the Buyer or the Seller, and "Parties" means both of them."Buyer" means [insert name of the Buyer]."Seller" means [insert name of the Seller]."Goods" means the items specified in Schedule 1 attached hereto."Services" means the services specified in Schedule 2 attached hereto."Price" means the price for the Goods and Services as specified in Schedule 3 attached hereto."Terms" means the terms and conditions of this Contract.1.2 Words importing the singular number only shall include the plural number and vice versa, and words importing persons shall include corporations, unincorporated associations, and partnerships.1.3 References to any gender shall include references to the other gender.1.4 References to Clauses are to Clauses of this Contract and references to Schedules, Annexes, or Appendices are to Schedules, Annexes, or Appendices to this Contract.Article 2: Formation of Contract.2.1 This Contract shall be deemed to have been formed when the Buyer and the Seller have executed and delivered this Contract to each other.2.2 The Parties agree that the terms and conditions set out in this Contract constitute the entire agreement between them relating to the Goods and Services and supersede any previous agreement, understanding, or arrangement between them, whether oral or in writing.2.3 No variation of this Contract shall be binding unless agreed in writing between the Parties.2.4 Each Party confirms that in entering into this Contract, it does not rely on any statement, promise, representation, assurance, or warranty (whether made innocently or negligently) that is not set out in this Contract. Each Party waives any right it might otherwise have to rely on any such statement, promise, representation, assurance, or warranty.2.5 Nothing in this Contract shall exclude or limit either Party's liability for fraud.Article 3: Delivery and Acceptance of Goods.[Insert provisions related to delivery, acceptance, and risk of loss of the Goods.]Article 4: Payment Terms.[Insert provisions related to payment for the Goods and Services, including payment schedule, currency, and any applicable discounts or penalties.]Article 5: Quality and Warranty.[Insert provisions related to the quality of the Goods and Services, warranties provided by the Seller, and any applicable remedies in the event of a breach of warranty.]Article 6: Termination.[Insert provisions related to the termination of the Contract, including events that may lead to termination, the process for termination, and any consequences of termination.]Article 7: Force Majeure.[Insert provisions related to force majeure events, defining such events and specifying their impact on the Contract's performance.]Article 8: General Provisions.[Insert provisions related to general matters such as assignment, subcontracting, notices, governing law, and dispute resolution.]Article 9: Miscellaneous.[Insert any additional provisions or clauses that do not fit into the above categories but are necessary for theContract's completeness.]Schedules, Annexes, and Appendices.[Attach Schedules, Annexes, and Appendices containing specific details related to the Goods, Services, Price, and any other relevant information.]Note: This is a template for a contract's first two articles. It does not constitute legal advice and should be adapted and customized to the specific needs and requirements of the Parties involved. It is recommended to consult with legal professionals when drafting or reviewing contracts.。

合同翻译

合同翻译

合同用语(正式庄重) approve, permit as from
as per/in accordance with/ under/ subject to
assign/ transfer authority commence construe convene
一般用语 in stead of temporary duty about buy ask correct above
The terms shall include a provision whereby, in the event of any claim….
中文经常使用“兹” “特” “本”, “以” “之”,“即” “终止”
Eg.
* During the period from the date of effectiveness to the termination of the Contract, the two Parties hereto shall convene every year to discuss problem in the execution of the Contract. 本合同有效期间,双方应每年正式会晤一次, 以讨论本合同履行期间存在的问题。
合同用语(正式庄重)
一般用语 in stead of temporary duty about buy ask correct above
合同用语(正式庄重) in lieu of interim obligation, liability pertaining to/ in respect to purchase/ procure require, request Revise, rectify said
Payment: Party A shall, in accordance with the article about “ rent, guarantee deposit and other expenses as well as their payment” in the tenancy contract signed between Party A and the Building, pay the expenses for cleaning of the current month within the first 7 days of the month in accordance with the payment notice issued by Party B.

contract与agreement的区别

contract与agreement的区别

Contract 与Agreement 的区别在英语中,合同一般称为Contract,协议一般称为Agreement。

何谓“contract〞?1999年中国?合同法?第二条对contract定义为:A contact in this Law refers to an ag reement establishing, modifying and terminating the civil rights and obligations be tween subjects of equal footing, that is, between natural persons, legal persons o r other organizations〞。

根据这一定义,合同平等主体之间设立确实定民事权利和义务的协议。

,Steven H. Gifts编著的“Law Dictionary〞中将contract 定义为“contract is a promise, or a set of promises, for breach of which the law gives remedy, or the performa nce of the which the law in some way recognize as a duty.〞根据这一定义,合同是一种承诺,违犯承诺可以得到法律救助,某种意义上法律将履行该承诺看做是一种补偿。

L.B Curzon 在其编撰的字典“A Dictionary of Law〞给contract的定义:“Contract is a legally binding agreement〞根据这一定义,合同就是有法律约束力的协议。

综合起来,有一个一样点,就是“Contract is an agreement〞,即可将合同说成是“An agre ement which binds the parties concerned〞或者说合同说成是“An agreement which i s enforceable by law〞,也可以说:Contracts are promises that the law will enfor ce。

合同翻译2

合同翻译2

合同翻译2一.词的用法1.Notwithstanding: prep. In spite of法律文件常用语,比although正式例1:The works shall be measured net, notwithstanding any general or local custom, except where otherwise provided for in the contract.无论通常的和当地的习惯如何,工程计量应该计量净值,但合同另有规定的除外。

例2:Notwithstanding the provisions of this clause or any other clause of the contract, no payment certificates shall be issued by the Engineer until the performance security is submitted by the contractor under the contract and approved by the employer.尽管有本条款或任何其它合同条款的规定,在承包人提交履约保证并经业主批准之前,工程师不对任何支付款额开具证书。

2.where的用法A.充当条件状语从句:如果。

,倘若。

例1:Where a contract has been validly concluded but does not expressly or implicitly fix or make provisions for determining the price, the parties are considered, in the absence of any indication to the contrary, to have impliedly made reference to the price generally charged at the time of the conclusion of the contract for such goods sold under comparable circumstances in the trade concerned.如果合同已有效地订立,但没有明示地规定价格,在没有任何相反表示的情况下,双方当事人应视为已默示地引用订立合同时此种货物在有关贸易的类似情况下销售的通常价格。

合同的翻译2

合同的翻译2
b. Subject to this section, an appeal shall be brought in such manner and shall be subject to such conditions as are prescribed by rules made under subsection (5).根据本条规定上诉需根据第5款订立的规则内规定的方式提出,并需受该规则所规定的条件的限制。
c. Without prejudice to your powers and discretions, we hereby authorize you or your agents to take any actions including but not limited to the following: 在不损害对方权利和决定的原则下本公司授权贵方活贵方代理采取包括但不限于下列的任何行动。
A. Some frequently-used phrases
1. In witness whereof 兹证明,
IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed in duplicate by their duly authorized officers or representatives at the date written above.
兹证明,双方各自授权代表于上述日期签订本合同一式两份。
2. Whereas鉴于
a. Whereas Party A desires to export to Party B the goods as specified in Exhibit A hereof (hereinafter called the “Goods”); and whereas Party B desires to import the Goods from Party A…鉴于甲方愿意向乙方出口本合同附件A中所规定的物品(以下附件简称“货物”),并且鉴于乙方愿意向甲方进口货物。。。。。。

英文合同翻译(1)

英文合同翻译(1)
英文合同翻译(1)
指称上的单位性 间接指称
Both PartythAeaSnedllePrarty B ag(re卖e 方tha)t a technology transfer agtrheeemBuenyetrshall be si(g买ne方d)between the joint venture comthpeaRneyciapnidenPtaPratyrtXy((o受r 方a t)hird party) 甲、乙双方th同e 意Su,pp由ly合ing营公(司供与方X方)(或第三方) 签订技术转th让e 协Tr议an…sfe…ror (转让方)
carrying out his duties.
Main Clauses
• In keeping with the above-mentioned remuneration, the employee shall agree to carry out the following duties: to negotiate with Chinese authorities about the cooperation between Amway Company Limited and China; to arrange for the visits of Jimmy Ford, president, and other executives to China; to act as authorized representative in any aspect relating to the cooperation with China and to respond to any inquiries from Chinese parties.
英文合同翻译(1)

COMPENSATION TRADE CONTRACT(2)买卖合同.doc

COMPENSATION TRADE CONTRACT(2)买卖合同.doc

COMPENSATION TRADECONTRACT(2)_买卖合同article 3 reimbursementparty a shall reimburse party b for all the machines and auxiliary equipment supplied by party b by delivering goods to party b on a monthly basis and the reimbursement will last for___ year(s)and ____months(s). the reimbursement shall start approximately ____month(s)after the first delivery of the machines and, in principle, the money to be reimbursed per month shall be ______percent of the total amount due for the machines. with a ______month(s)notice to party b, party a may reimburse party b in advance.within the reimbursement period, party b shall, under the provisions of the additional sales agreement aforesaid, open, sight, irrevocable, divisible and assignable letters of credit, covering the full amount, in favor of party a.article 4 standard money and price standardthe standard money for this transaction is (name of currency). all the machinery, auxiliary equipment and measuring and testing instruments , etc. provided by party b shall be valued with (name of currency), while the goods provided by party a toparty b as reimbursement shall be valued with the basis price (name of currency)of the same goods exported by party a at the time when this agreement is entered into, and the total price (name of currency)shall be changed into that of (name o f currency)in accordance with the exchange rate then.article 5 intrerestparty a shall pay the interest on its long-term letters of credit and the interest on the cash in advance rendered by party b. the annual interest rate is agreed upon at_____%.article 6 technical servicethe machinery, after arrival at its destination, shall be installed by party a, party b shall dispatch its technicians to render spot instructions and other necessary technical assistance during the installation of the main machines, as may be requested by party a in case of necessity, party b shall be liable for the losses resulted in such a course of installation from technical default on its part.article 7 additional equipmentduring the enforcement of this agreement, if it is found necessary that, in addition to the machinery and equipment listed herein, some new accessories or measuring and testing instruments are needed for completion of the project, (an)additional order(s)may be made through negotiation by the parties. the new items thus added shall be incorporated in agreement.article 8 insurancethe machinery and auxiliary equipment, after shipment, shall be insured by party b. the title thereof shall be transferred into party b after full payment therefore is made by party b, thereafter, the unforeseeable losses concerning the machinery and auxiliary equipment shall be indemnified for first by the insurance company to party b, then party b shall remit for party a,in proportion, the sum already paid by party a for the machinery or equipment involved in the contingency.。

英文施工合同工程合同sample construction contract-2

英文施工合同工程合同sample construction contract-2

CONSTRUCTION CONTRACTTHIS AGREEMENT is made and entered into this ____ day of________, 20XX, by and between the COUNTY OF MONTROSE, Colorado, by and through its Board of County Commissioners (hereinafter called "Owner" or "County"), and ________________, (hereinafter called "Contractor"), for the Construction Project known as:The Owner's Representative (OR) is _____________________________.The Owner and Contractor agree as follows:ARTICLE 1THE WORK:The Contractor shall complete all the work on the _________________________ as specified in the Scope of Work included and also contained in the RFP attached hereto and incorporated herein. The Work is generally described as ____________________________.ARTICLE 2TIME OF COMMENCEMENT AND COMPLETION:2.1 The Work to be performed under this Contract shall be commenced upon receiptof a Notice to Proceed and completed by ______________. Start date is anticipated to be on or about ________________.2.2 Except as otherwise required for the safety or protection of persons or the Workor property at the Work Site or adjacent thereto, all Work at the Site shall be performed between the hours of 7 AM and 5:30 PM, Monday through Friday, unless otherwise provided in writing by Owner or OR, such consent not to be unreasonably withheld.ARTICLE 3CONTRACT AMOUNT AND BASIS:The Owner shall pay the Contractor the amount of $_____________________ for the satisfactory performance of the Work, subject to additions and deductions by Change Order as provided in the General Conditions, the following:The unit price set forth on the Bid Schedule shall be the basis for the contract price. Payment at the unit price will be based on actual measured quantities inthe Work, or planned quantities as stipulated in the Project Special Provisions, except where the unit is a lump sum, in which case payment will be based uponthe lump sum price as stated.The Owner states, pursuant to C.R.S. 24-91-103.6(2)(a), that the amount of money appropriated for this Contract is equal to or in excess of the contract amount set forth in this Contract.Pursuant to C.R.S. 24-91-103.6(2)(b), the Owner shall not issue any change order or other directive requiring additional compensable work to be performed under this Contract, which work causes the aggregate amount payable under the contract to exceed the appropriated amount for the original contract, unless the Contractor is given written assurance by the Owner that lawful appropriations to cover the costs of the additional work have been made or unless such work is covered under a remedy-granting provision in the Contract.ARTICLE 4PROGRESS PAYMENTS:Based upon Applications for Payment submitted to the OR by the Contractor and Certificates for Payment issued by the OR to the Owner, the Owner shall make progress payments to the Contractor as follows:Monthly progress payment requests shall be remitted within thirty (30)days of issuance of Certificates for Payment by the OR to the Owner.Ten percent (10%) of each amount certified for payment shall be retained by the Owner until final payment.(note CRS 24-91-103 requires retainage for public improvement projects in excess of $150,000)ARTICLE 5FINAL PAYMENT:After completion of the Work, provided the Contract be then fully performed, subject to the provisions of Article 16 herein, the Owner shall publish a Notice of Final Settlement twice at least 10 days prior to the date of Final Settlement. The Owner shall withhold from final payments any amounts as required pursuant to C.R.S. § 38-26-107. ARTICLE 6CONTRACT DOCUMENTS:6.1 The Contract Documents include:•Construction Contract•Project Special Provisions, if applicable•Blueprints provided by Owner/OR and any applicable Drawings•Addenda, if applicable•Change Orders, if applicable•Modifications, if applicable•Written Interpretations of the Contract Documents, if applicable •Performance Bond, as provided in Article 13 hereinbelow, if applicable •Payment Bond, as provided in Article 13 hereinbelow, if applicable•Materials Bond, as provided in Article 13 hereinbelow, if applicable•Notice to Proceed•Request For Proposals Package, Notice of Award, and signed copy of contract with the Board of County Commissioner’s signature•Certification of EEO Compliance•Contractors Performance Capability Statement•Owner’s Request for Proposals, attached•Contractor’s Proposal, ___________________, attached•Contractor’s Certification of Immigration Compliance, C.R.S. 18-17.5-101, et seq.Contract standards include:1997 Uniform Building Code & Montrose County Design Variables6.2 The aforementioned documents form the Contract and what is required by anyone shall be as binding as if required by all. The intention of the Contract Documents is to include all labor, materials, equipment and other items as provided in Paragraph 10.2 necessary for the proper execution and completion of the Work and the terms and conditions of payment therefore, and also to include all Work which may be reasonably inferable from the Contract Documents as being necessary to produce the intended results.6.3 Two copies of the Contract Documents shall be signed by the Owner and theContractor. If either the Owner or the Contractor do not sign the Drawings, Specifications, or any of the other Contract Documents, the OR shall identify them. By executing the Contract, the Contractor represents that he has visited the site and familiarized himself with the local conditions under which the Work is to be performed.6.4 The term Work as used in the Contract Documents includes all labor necessaryto produce the construction required by the Contract Documents, and all materials and equipment incorporated or to be incorporated in such construction.6.5 In the event that any of the covenants or provisions of this Contractshall conflict with any of the provisions of the Request for Proposals or theContractor’s proposal, then this Contract shall control and shall be the governing document. In the event that the Request for Proposals conflicts with theContractor’s proposal then the Request for Proposals shall control, it being the intent that the work under the project is defined in this Contract and the Request for Proposals.ARTICLE 7OWNER'S REPRESENTATIVE (OR)7.1 The OR will provide general administration of the Contract and will be theOwner's representative during construction and until issuance of the final Certificate for Payment.7.2 The OR shall at all times have access to the Work wherever it is in preparationand progress.7.3 The OR will make periodic visits to the site to determine in general if the Work isproceeding in accordance with the Contract Documents. On the basis of on-site observations, the OR will keep the Owner informed of the progress of the Work, and will endeavor to guard the owner against defects and deficiencies in the Work of the Contractor. The OR will not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work. The OR will not be responsible for construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, and will not be responsible for the Contractor's failure to carry out the Work in accordance with the Contract Documents.7.4 Based on such observations and the Contractor's Applications for Payment, theOR will determine the amounts owing to the Contractor and will issue Certificates for Payment in accordance with Article 16.7.5 The OR will be, in the first instance, the interpreter of the requirements of theContract Documents. The OR will make decisions on all claims and disputes between the Owner and the Contractor.7.6 The OR will have authority to reject Work not conforming to the ContractDocuments.ARTICLE 8OWNER:8.1 The Owner shall provide labor and equipment to establish sewer, water, electric,and telephone lines as necessary.8.2 The Owner has secured all necessary temporary easements or real propertyacquisitions necessary for the Project and shall advise Contractor of the boundaries of Owner's easements or property.8.3 The Owner shall issue all instructions to the Contractor through the OR. ARTICLE 9CONTRACTOR:9.1 The Contractor shall perform the work as an Independent Contractor pursuant tothis Agreement.9.2 The Contractor shall supervise and direct the Work, using Contractor's best skilland attention. The Contractor shall be solely responsible for all construction means, methods, techniques, sequences and procedures and for coordinating all portions of the Work under the Contract.9.3 Unless otherwise specifically noted, the Contractor shall provide and pay for alllabor, expertise, materials, freight/delivery equipment, tools, construction equipment and machinery, water, heat, utilities, transportation, and other facilities and services necessary for the proper execution and completion of the Work.9.4 The Contractor shall at all times enforce strict discipline and good order amonghis employees, and shall not employ on the Work any unfit person or anyone not skilled in the task assigned to him.9.5 The Contractor shall comply with all OSHA and all applicable trade-related rulesand regulations.9.6 The Contractor warrants to the Owner and the OR that all materials andequipment incorporated in the Work will be new unless otherwise specified, and that all Work will be of good quality, free from faults and defects and in conformance with the Contract Documents. All Work not so conforming to these standards may be considered defective.9.7 The Contractor shall pay all sales, consumer, use and other similar taxesrequired by law and shall secure all permits, and licenses necessary for the execution of the Work at Contractor's expense. The Owner is exempt from state and local sales and use taxes. Contractor shall take steps to obtain such exemption from the Colorado Department of Revenue pursuant to C.R.S. § 39-26-114(1)(a) XIX and 114(d).9.8 The Contractor shall give all notices and comply with all laws, ordinances, rules,regulations, and orders of any public authority bearing on the performance of the Work, and shall notify the OR if the Drawings, Specifications and Provisions are at variance therewith.9.9 The Contractor shall be responsible for the acts and omissions of all Contractor'semployees and all Sub-Contractors, their agents and employees and all other persons performing any of the Work under a contract with the Contractor.9.10 The Contractor shall review, stamp with his approval and submit all samples andshop drawings as directed for approval of the OR for conformance with the design concept and with the information given in the Contract Documents. The Work shall be in accordance with approved samples and shop drawings.9.11 The Contractor at all times shall keep the premises free from accumulation ofwaste materials and debris caused by Contractor's operations. This provision is imperative. At the completion of the Work, Contractor shall leave the Project site in a neat and orderly condition.ARTICLE 10SUBCONTRACTS:10.1 A Subcontractor is a person who has a contract with the Contractor to performany of the Work at the site.10.2 Unless otherwise specified in the Contract Documents or in the Instructions toBidders, the Contractor, as soon as practicable after the award of the Contract, shall furnish to the OR in writing a list of the names of Subcontractors proposed for the principal portions of the Work. The Contractor shall not employ any Subcontractor to whom the OR or the Owner may have a reasonable objection.The Contractor shall not be required to employ any Subcontractor to whom he has a reasonable objection. Contracts between the Contractor and the Subcontractor shall be in accordance with the terms of this Agreement and shall include the General Conditions of this Agreement insofar as applicable. ARTICLE 11DECISIONS ON DISPUTES:11.1. The provisions of this Article shall govern the procedures to be followed in theevent of a dispute.11.2 Representative shall be the initial interpreter of the requirements of the ContractDocuments and judge the acceptability of the Work thereunder. Claims, disputes and other matters relating to the acceptability of the Work or the interpretation of the requirements of the Contract Documents pertaining to the performance and furnishing of the Work and changes in the Work and Contract Times will be referred initially to the OR in writing with a request for a decision. Written notice of each such claim, dispute or other matter will be delivered by the Contractor to the OR promptly after the occurrence or event giving rise thereto. The OR will render a decision in writing promptly after receipt of the submittal, allowing sufficient time for review of the matter. The OR's decision on such claim, dispute or other matter will be final and binding upon the Contractor.11.3 When functioning under these provisions, the OR will remain impartial to both theContractor and the County, and will not be liable in connection with any interpretation or decision rendered in good faith in such capacity.ARTICLE 12ROYALTIES AND PATENTS:The Contractor shall pay all royalties and license fees. The Contractor shall defend all suits or claims for infringement of any patent rights and shall save the Owner harmless from loss on account thereof.ARTICLE 13PERFORMANCE AND PAYMENT BONDS:A Performance Bond, Payment Bond and Materials Bond shall be submitted by Contractor for all as indicated in Article 6. Each bond shall be in the amount of the One Hundred Percent (100%) of contract sum and shall either be in the form supplied by Owner or shall be in such other form as approved by Owner. The bond shall make reference to this Contract, and may be drawn against in an appropriate amount as determined by the Owner in its sole discretion, when any damages to the Owner result from the Contractor’s services pursuant to this Contract, or Contractor’s malfeasance, misfeasance, or breach in the performance hereof. The purpose of the bond is to secure the performance of and the compliance with this Contract by and between the Contractor and Owner; the bond shall not be transferable. Each bond shall comply with the requirements of C.R.S. §§ 38-26-105 and 106.(note CRS 38-26-105 and 106 require a payment and performance bond (or money order or certified check payable to Montrose County Treasurer to hold) in the amount of at least 50% of the contract price for county public improvement projects in excess of $50,000)ARTICLE 14DELAY:14.1 All of the Work will be completed and ready for final payment by the datespecified in this Agreement.14.2 If the Contractor is delayed at any time in the progress of the Work by changesordered in the Work, by labor disputes, fire, unusual delay in transportation, unavoidable casualties, causes beyond the Contractor's control, or by any cause which the OR may determine justifies the delay, then the Contract Time shall be extended by Change Order for such reasonable time as the OR may determine. ARTICLE 15PAYMENTS:15.1 Payments shall be made as provided in Article 4 of this Contract.15.2 Payments may be withheld on account of (1) defective Work not remedied, (2)claims asserted or evidence which indicates probable assertion of claims, (3) failure of the Contractor to make payments properly to Sub-Contractors or for labor, materials, or equipment, (4) damage to another Contractor or Owner, or (5) unsatisfactory prosecution of the Work by the Contractor.15.3 Final payment shall not be due until (1) the Contractor has delivered to theOwner a bond, a clean irrevocable letter of credit, cash or other security satisfactory to the Owner indemnifying Owner against any claim which has been asserted by anyone for labor, materials, equipment or otherwise arising out of the contract or on account of any claim which either Owner or Contractor believes may be asserted, (2) the Owner has inspected and approved the Work as complying with the contract, (3) written consent of surety, if any is given, (4) any manufacturers or suppliers warranties and equipment literature, and any as built plans required are delivered to Owner, and (5) the Owner and Contractor have complied with all requirements for Final Settlement imposed by applicable law. ARTICLE 16PROTECTION OF PERSONS AND PROPERTY AND RISK OF LOSS:The Contractor shall be responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with the Work. He shall take all reasonable precautions for the safety of, and shall provide all reasonable protection to prevent damage, injury or loss to (1) all employees on the Work and other persons who may be affected thereby, (2) all the Work and all materials and equipment to be incorporated therein, and (3) other property at the site or elsewhere. Contractor shall bear all risk of loss to the work, or materials or equipment for the work due to fire, theft, vandalism, or other casualty or cause, until the work is fully completed and accepted by the Owner. He shall comply with all applicable laws, ordinances, rules, regulations and orders of any public authority having jurisdiction for the safety of persons or property or to protect them from damage, injury or loss. All damage or loss to any property caused in whole or in part by the Contractor, any Sub Contractor, any Sub-Subcontractor or anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable, shall be remedied by the Contractor.ARTICLE 17INDEMNIFICATION AND INSURANCE:Indemnification17.1 The Contractor shall indemnify and hold harmless the Owner and the OR andtheir respective officers, agents and employees, insurers, and self-insurance pool, from and against all liability, claims and demands, on account of injury, loss or damage, including without limitation claims arising from bodily injury, personal injury, sickness, disease, death, property loss or damage, or any other loss of any kind whatsoever, which arise out of or are in any way connected with this Contract, if such injury, loss, or damage is caused in whole or in part by, or is claimed to be caused in whole or in part by, the act, omission, error, professional error, mistake, negligence, or other fault of the Contractor or any Subcontractor of the Contractor, or any officer, employee, representative, or agent of the Contractor or any Subcontractor of the Contractor, or which arise out of anyworker's compensation claim of any employee of the Contractor or any Subcontractor of the Contractor.17.2 The Contractor agrees to investigate, handle, respond to, and to provide defensefor and defend against, any such liability, claims or demands at the sole expense of the Contractor, or at the option of the Owner, agrees to pay the Owner or reimburse the Owner for defense costs incurred by the Owner in connection with, any such liability, claims or demands. In carrying out any of the provisions of this Contract or in exercising any power or authority thereby, there shall be no personal liability of the Owner or the Owner's Representative, or officials, attorneys, employees and agents thereof.17.3 The Contractor also agrees to bear all other costs and expenses related thereto,including court costs and attorney fees, whether any such liability, claims or demands alleged are groundless, false or fraudulent. The obligation of these provisions shall not extend to any injury, loss or damage which is caused by the act, omission or other fault of the OwnerInsurance17.4 The Contractor agrees to procure and maintain, at its own cost, a policy orpolicies of insurance sufficient to insure against all liability, claims, demands, and other obligations assumed by the Contractor pursuant to Section 18.1. Such insurance shall be in addition to any other insurance requirements imposed by this contract or by law. The Contractor shall not be relieved of any liability, claims, demands, or other obligations assumed pursuant to Section 18.1 by reason of its failure to procure or maintain insurance, or by reason of its failure to procure or maintain insurance in sufficient amounts, durations, or types.17.5 Contractor shall procure and maintain, and shall cause any Subcontractor of theContractor to procure and maintain, the minimum insurance coverages listed below. Such coverages shall be procured and maintained with forms and insurers acceptable to Owner. All coverages shall be continuously maintained to cover all liability, claims, demands, and other obligations assumed by the Contractor pursuant to Section 18.1. In the case of any claims-made policy, the necessary retroactive dates and extended reporting periods shall be procured to maintain such continuous coverage.(a) Worker's Compensation insurance to cover obligations imposed byapplicable laws for any employee engaged in the performance of workunder this contract. Evidence of qualified self-insured status may besubstituted for the Workmen's Compensation requirements of thisparagraph.(b) Commercial General Liability insurance with minimum combined singlelimits of ONE MILLION DOLLARS ($1,000,000) each occurrence andONE MILLION DOLLARS ($1,000,000) aggregate. The policy shall beapplicable to all premises and operations. The policy shall includecoverage for bodily injury, broad form property damage (includingcompleted operations), personal injury (including coverage for contractualand employee acts), blanket contractual, independent contractors,products, and completed operations. The policy shall include coverage forexplosion, collapse, and underground hazards. The policy shall contain aseverability of interests provision.(c) Comprehensive Automobile Liability insurance with minimum combinedsingle limits for bodily injury and property damage of not less than FIVEHUNDRED THOUSAND DOLLARS ($500,000) each occurrence andFIVE HUNDRED THOUSAND DOLLARS ($500,000) aggregate withrespect to each of Contractor's owned, hired and non-owned vehiclesassigned to or used in performance of the services. The policy shallcontain a severability of interests provision. If the Contractor has noowned automobiles, the requirements of this Paragraph shall be met byeach employee of the Contractor providing services to the Owner underthis contract.(d) Professional/Contractor Liability insurance with minimum limits of ONEMILLION DOLLARS ($1,000,000) each occurrence and ONE MILLIONDOLLARS ($1,000,000) aggregate.17.6 The policy required by paragraphs (b) and (c) above shall be endorsed to includeOwner and the Owner's Representative, and officers and employees thereof, as additional insureds. Every policy required above shall be primary insurance and any insurance carried by Owner, its officers, or its employees, or carried by or provided through any insurance pool of Owner, shall be excess and not contributory insurance to that provided by Contractor. No additional insured endorsement to any policy shall contain any exclusion for bodily injury or property damage arising from completed operations. The Contractor shall be solely responsible for any deductible losses under any policy required above.17.7 The certificate of insurance provided by Owner shall be completed by theContractor's insurance agent as evidence that policies providing the required coverages, conditions, and minimum limits are in full force and effect, and shall be reviewed and approved by Owner prior to commencement of the contract. No other form of certificate shall be used. The certificate shall identify this Contract and shall provide that the coverages afforded under the policies shall not be cancelled, terminated or materially changed until at least thirty (30) days prior written notice has been given to Owner. Any statement of the certificates which describe this 30-day prior written notice as being less than obligatory shall be stricken and initialed by the insurance agent completing the certificates. The completed certificate of insurance shall be sent to Owner.17.8 Failure on the part of the Contractor to procure or maintain policies providing therequired coverages, conditions, and minimum limits shall constitute a material breach of contract upon which Owner may immediately terminate this contract, or at its discretion Owner may procure or renew any such policy or any extended reporting period thereto and may pay any and all premiums in connection therewith, and all monies so paid by Owner shall be repaid by Contractor to Owner upon demand, or Owner may offset the cost of the premiums against any monies due to Contractor from Owner.17.9 Owner reserves the right to request and receive a certified copy of any policy andany endorsement thereto.17.10 The parties hereto understand and agree that Owner is relying on, and does notwaive or intend to waive by any provision of this contract, the monetary limitations (presently $150,000 per person and $600,000 per occurrence) or any other rights, immunities, and protections provided by the Colorado Governmental Immunity Act, C.R.S. § 24-10-101 et seq., as amended, or otherwise available to Owner, its officers, or its employees.17.11 The Agreement shall not be executed, and no notice or authorization to proceedshall be given to Contractor until the Certificates required above, are submitted and approved by the Owner.ARTICLE 18PROPERTY INSURANCE:18.1 Unless otherwise provided, the Contractor shall purchase and maintain propertyinsurance upon the entire Work at the site to the full insurable value thereof. This insurance shall include the interest of the Owner, the Contractor, Subcontractors and Sub-Subcontractors in the Work and shall insure against the perils of Fire, Theft, Extended Coverage, Vandalism and Malicious Mischief. Such policy shall be an "all-risk" Builders Risk policy.18.2 Any insured loss is to be adjusted with the Owner and made payable to theOwner as trustee for the insureds, as their interests may appear, subject to the requirements of any mortgagee clause.18.3 The Contractor shall file a copy of all such policies with the Owner prior to thecommencement of the Work.18.4 The Owner and Contractor waive all rights against each other for damagescaused by fire or other perils to the extent covered by insurance provided under this paragraph. The Contractor shall require similar waivers by Subcontractors and Sub-Subcontractors.ARTICLE 19ACCEPTANCE OF THE WORK:19.1 The Contractor shall correct any Work that fails to conform to the requirements ofthe Contract Documents where such failure to conform appears during the progress of the Work, and shall remedy any defects due to faulty materials, equipment or workmanship which appear within a period of one year from the Date of Final Settlement of the Contract or within such longer period of time as may be prescribed by law or by the terms of any applicable special guarantee required by the Contract Documents. The provisions of this Article apply to Work done by Subcontractors as well as to Work done by direct employees of the Contractor, and are in addition to any other remedies or warranties provided by law.19.2 No act of the Owner or the Owner's Representative, either in superintending ordirecting the Work, or any extension of time for the completion of the Work, shall be regarded as an acceptance of such Work or any part thereof, or of materials used therein, either wholly or in part. Acceptance shall be evidenced only by the final certificate of the Owner. Before any final certificate shall issue, Contractor shall execute an affidavit on the certificate that it accepts the same in full payment and settlement of all claims on account of Work done and materials furnished under this Contract, and that all claims for materials provided or labor performed have been paid or set aside in full. No waiver of any breach of this Contract by the Owner or anyone acting on Owner's behalf shall be held as a waiver of any other subsequent breach thereof.19.3 Contractor agrees to guarantee all work under this Contract for a period of oneyear from the date of Final Settlement by the Owner. If any unsatisfactory condition or damage develops within the time of this guaranty due to materials or workmanship that are defective, inferior, or not in accordance with the Contract, as reasonably determined by the Owner or the OR, then the Contractor shall, when notified by the Owner or OR, immediately place such guaranteed Work in a condition satisfactory to the Owner or ORARTICLE 20CHANGES IN THE WORK:20.1 The Owner without invalidating the Contract may order Changes in the Workconsisting of additions, deletions, or modifications with the Contract Sum and the Contract Time being adjusted accordingly.20.2 All such changes in the Work shall be authorized by written Change Order signedby the Owner.20.3 The Contract Sum and the Contract Time may be changed only by ChangeOrder.。

Contract(合同)和Agreement(协议)

Contract(合同)和Agreement(协议)

Contract(合同)和Agreement(协议)定义•Contract(合同):一种用于两个或多个实体之间约束或规定的文书。

因此,它是一种形式化的、法律上的、具有约束力的协议或契约。

•Agreement(协议):指的是任何双方或多方达成的共同意见的书面形式。

它可以是法律上具有约束力的,也可以是非法律上的共识。

区别虽然合同和协议在本质上都是双方或多方达成协议的书面形式,但在它们的核心方面存在显著的差异。

基本构成要素•Contract(合同):合同是一种法律上具有约束力的文书。

为了成为有效的合同,必须满足以下三个基本要素:–提供有价项:比如说是货币或任何财务补偿。

–能力要素:参与该合同的各方必须都是合法行为的主体。

–同意项:即双方内容的确切清单和议定书。

•Agreement(协议):协议是指双方或多方之间达成的共识。

虽然协议是一种约定,但它没有法律约束力。

适用范围•Contract(合同):合同是在严格的法律框架下,在双方达成一致意见时参考的有法律约束力的文书。

它是一种具有规定对象和双方职责的法律文书。

•Agreement(协议):协议大多是由对等的双方达成的共识和理解。

虽然协议不一定采取法律约束力,但它通常用于协调共同意见并解决国际、组织、企业之间的合作。

格式区别•Contract(合同):合同通常具有严格的格式,使其容易理解和管理。

它必须经过所有参与方的书面签署,方可生效。

合同必须是一个视觉上易于区分出合同的文件。

•Agreement(协议):协议可以采用任何书面或口头的形式,包括电子邮件、手写的邮件或纸张记录。

它没有严格的格式要求,但必须经过至少两方书面签署才能成为有效的协议。

使用场景•Contract(合同):合同通常用于以下方面:–两个或多个法律主体之间的交易,以确保双方遵循约定的条款。

–企业与员工、客户、供应商或承包商之间的各种协议和合作关系。

–个人和实体之间的协议或合同关系。

•Agreement(协议):协议可以应用于几乎任何方面的共谋、合作和合作关系:–个人之间的承诺或理解。

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水产品购销合同
甲方(供货方):
乙方(采购方):
根据《中华人民共和国合同法》及其它有关法律、法规规定,经甲乙双方协商一致,签订本合同。

第一条乙方向甲方订购水产品,订购水产品的品种名称、数量、质量标准及要求如下:
品种数量(千克)单价(元/千
克)质量要求合计金额
(元)
太平洋偏口鱼鱼

59780 25 56-283克1,494,562
太平洋鳕鱼鱼片 68000 18 113-290克1,224,000
大西洋真鳕鱼段 30384 42 300+克1,276,149
包装:10千克/箱
总计金额(小写
元)
3,994,711
第二条订购水产品需要检验、检疫的,甲方提供抽样标本,由甲方委托检验、检疫,检验、检疫费用由甲方承担。

第三条订购水产品价格每季度确定一次。

第四条交货期限为2016年1月01日至2016年3月31日。

第五条交货方式、地点及费用:甲方将所订水产品送到乙方所指定的冷藏库,交货日期以乙方书面签收日期为准,运输及相关费用由甲方承担。

第六条货物验收按下列约定执行:
(一)验收地点:送货以货物接受地为验收地点;提货以提货地为验收地点。

(二)验收时间:乙方在收到货物的当日验收完毕,乙方对水产品的质量、品种、数量等有异议的,应当日书面向甲方提出。

(三)验收标准:第三方检验报告为准
(四)重量:+/-10%
第七条甲/乙方在签订合同起3日内乙方预付30%,货到乙方指定的冷藏库根据供货数量支付货款。

第八条货款结算:
银行结算:乙方在验收合格后10日内,把剩余货款汇入甲方指定开
户银行:。

第九条当事人一方要求变更或解除本合同时,应通知对方,由双方协商达成书面协议,按协议执行。

达成协议之前,仍按本合同执行。

当事人一方因因遭遇台风等不可抗力事由可解除或变更本合同。

第十条违约责任按下列约定执行:
(一)甲方拒绝交付所订水产品的,按合同总价款的15%向乙方支付违约金。

(二)因甲方原因造成所订水产品质量不符合要求的,按合同总价款的20%向乙方支付违约金。

乙方仍需要的,甲方应按收购日市场价格交付水产品;乙方不需要的,甲方自行处理。

(三)乙方拒收所订水产品的,按合同总价款的30%向甲方支付违约金。

(四)乙方愈期支付货款的,应结清货款,同时,按同期银行贷款利率向甲方支付愈期部分的利息、并按合同总价款的5%向甲方支付违约金。

第十一条本合同发生争议由双方当事人协商解决,或由工商行政管理部门调解。

协商、调解不成的,按下列第二项解决:
(一)交市仲裁委员会仲裁。

(二)向庄河人民法院起诉。

第十二条本合同一式三份,甲乙双方各执一份,自甲乙双方签字或盖章时生效。

甲方: 乙方:
2015年12月10日2015年12月110日。

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