常见国际商务合同的翻译技巧handout

常见国际商务合同的翻译技巧handout
一、合同翻译的准则
1. 准确严谨
Licensee will furnish to Party A copies of insurance policies and/or the endorsements.
2. 规范通顺Expressiveness and Smoothness
兹经买卖双方同意按下列规定的条款出售和购买此货。

二、句子翻译技巧
1.主语的转换
1）主语转换为谓语
Delivery must be effected within the time stated on the purchase order, otherwise the Buyer must at its opinion cancel the order without cost to him, and charge the Seller for any loss incurred as the res ult of the latter’s failure to make such a delivery.
Payment shall be made by net cash against sight draft with Bill of Lading attached showing the shipment of the goods. Such payment shall be made through the Bank of China, Dalian Branch. The Bill of Lading shall not be delivered to the Buyer until such draft is paid.
Partial shipments shall be allowed upon presentation of the clean set of shipping document.
2）主语转化为宾语
Should all or part of the Contract and its appendices be unable to be fulfilled owing to the fault of one party, the breaching party shall bear the responsibilities thus caused.
If any terms and conditions of this Contract are breached and the breach is not corrected by the breaching party within 30 days after a written notice thereof is given by the other party, then the
nonbreaching party shall have the option to terminate this Contract by giving a written notice thereof to the breaching party.
3）主语转为定语
Each party is liable for the Joint Venture Company only up to the limit of the capital subscribed by it.
2. 宾语的转换
1）宾语转为主语
The Seller shall deliver the Equipment and Materials in accordance with the Contract from the 19 (nineteenth) month to the 27 (twenty-seventy) month from the date of signing the Contract in 4 (four) lots.
Party A shall send twice its technical personnel to Party B’s factory for training, and the total number of the participants shall not exceed 200 (excluding the interpreter).
2）宾语转换为谓语
The Licensor will, at its own cost, take such actions to eliminate infringement of the Licensed Patents as may be reasonably necessary and proper in its own opinion.
The Seller shall make delivery of the goods strictly within the period stipulated herein. In the event of delay in delivery, the Buyer may cancel the Contract and claim damages for breach of the Contract.
3. 表语的转换
1）Agent oriented toward a single geographic market searching for products to import and market in the home Country is an import agent.
The date of registration of the Joint Venture Company shall be the date of the establishment of the board of directors of the Joint V enture Company.
2）表语转为谓语
In the course of arbitration, the Contract shall be continuously executed by both parties except the part of the Contract which is under arbitration.
Whereas Party B is in the real estate business, and the two Parties are in consideration of the mutual convenances and agrees to enter into this Contract under the terms and conditions set forth as follows:
4. 定语的转换
1）定语转为谓语
The sample of the machine submitted by the Seller is featured by novel shape, easy operation, high calorific efficiency and low fuel consumption.
We look forward to an ever increasing volume of business with your glass factories.
We claim from shortage in weight and low quality on the consignment of w heat shipped per s.s. “Princess Victoria”.
2）定语转为状语
Any disputes arising from the execution of, or in connection with the Contract shall be settled through friendly consultations between both Parties. In case no settlement can be reached through consultations, the disputes shall be submitted for arbitration.
The Joint Venture’s products to be sold in China may be handled by the Chinese Materials and Commercial Departments by means of agency or exclusive sales, or direct sale by the Joint Venture Company.
5. 状语的转换
1）状语转化为主语
The conditions for establishment of the Joint Venture Company and the total amount of investment and registered
capital are stipulated in this Contract.
For the purpose of this Contract, the Party B desires to introduce the Patent and engage in production cooperation in accordance with the technical know-how specified in the Patent.
The products fair will be held at the Standard Electrical Co., Madrid, Spain with the Buyer’s representatives.
2）状语转化为汉语的定语
In this Contract, the Packing Clause stipulates for one gross to the polythene bag, covered with paper box, 50 paper boxes to an inner carton, 2 inner cartons to a wooden case.
三、被动语态的翻译
1.被动语态的转换翻译
1）动作的发出者转化为汉语主语
This Contract is made by and between the Buyer and the Seller, whereby the Buyer agrees to buy and Seller agrees to sell the under-mentioned commodity according to the terms and conditions stipulated below.
If any terms and conditions to this Contract are breached and the breach is not corrected by any party within 15 days after a written notice thereof is given by the other party, then the non-breaching party shall have the option to terminate this Contract by giving a written notice thereof to the breaching party.
All the payments shall be made in the U.S. Currency by the Buyer to the Seller by telegraphic transfer to the Seller’s designated account with the Bank of China, Beijing, China.
2) 英语句中的某一状语转换为主语
The cost of the nonreturnable containers of the goods sold under this Contract is included in the prices herein specified.
The production design, technology of manufacturing, means of testing materials prescription, standard of quality and training
of personnel shall stipulated in Chapter 4 in this contract.
The establishment, remuneration and the expenses of the staff of the preparation and construction office, when agreed by both parties, shall be covered in the project budget.
3）把英语句子中的主语转化为宾语
In case the quality, quantity or weight of the goods is found not in conformity to those stipulated in this Contract after reinspection by the China Import and Export Commodity Inspection Bureau within 15 days after the arrival of the goods at the port of destination, the Buyer shall return the goods to, or lodge claim against the Seller for compensation of losses upon the strength of Inspection Certificate issued by the said Bureau, with the exception of those claims for which the insurers or the carriers are liable.
Upon the expiration of the duration or termination before the date of expiration of the Joint Venture, liquidation shall be carried out according to relevant law. The liquidated assets shall be distributed in accordance with the proportion of investment contributed by Party A and Party B.
2. 被动语态的顺序
1)按原句语序译成汉语主动语态
The Seller shall not be held responsible for late delivery or non-delivery of the goods owing to generally recognized Force Majeure causes.
The Seller shall be entitled to terminate this Contract in the event of failure by the Buyer to comply with any terms or conditions stated in this Article.
2）按原句语序译成汉语被动语态
The term for the technology transfer agreement is signed by Joint Company and Party B and it shall be approved by the
approval authority.
All the equipment and materials supplied by the Seller shall be inspected by the Buyer and the quality certificates and inspection and test records shall be issued by the manufacturer.
3）it is +p.p.
It is mutually agreed that the certificate of quality and quantity or weight issued by the
manufacturer shall be part of the document for payment with the adopted Letter of Credit.
It is essentially stressed that the Buyers are requested to sign and return the duplicate of this Contract within 3 days from the date of receipt. In the event of failure to do this , the Sellers reserve the right to cancel the Contract.
It is strictly understood that the number of employees to be trained by the Contractor at any one time shall no more than (…)
四、从句的翻译
1. 状语从句的翻译
1）条件状语从句的翻译
If 若，如果
If the Force Majeure event lasts over 40 days, the Buyer shall have the right to cancel the Contract or the undelivered part of the Contract.
If any change is required regarding the terms and conditions to this Agreement, then both parties shall negotiate in order to find a suitable solution, provided however, that any change to this Agreement shall be subject to the approval by the Chinese Government.
Claims, if any, shall be submitted by Telex within fourteen days after the arrival of the goods at destination.
Contingent shares, if any, to be issued hereunder shall be
determined on the basis of the after-tax consolidated earning of Seller.
Said amount shall be reduced by the sum of the difference, if any, between the inventory value of small equipment and the closing inventory value thereof.
In case 如，若
In case the Buyer fail to carry out any of the terms or conditions to this Contract with the Seller, the Seller shall have the right to terminate all or any part of this Contract with the Buyer or postpone shipment or stop any goods in transit and the Buyer shall in every such case be liable to the Seller for all losses, damages and expenses thereby incurred.
In case of any divergence of interpretation, the Chinese text shall prevail.
In case of quality discrepancy, claims shall be filed by the Buyer within 30 days after the arrival of the goods at the port of destination.
In the event that 若，如果，假如
In the event that deficiencies in the Equipment become evident, such deficiencies shall be corrected by ABC during the two days per week during which the Purchaser will not be testing.
In the event that the Documents supplied by Party B are not in conformity with the stipulations in Sections 8.2, Party B shall, within the shortest possible time but not later than 30 days after the receipt of the Party A’s written notice, dispatch free of charge to Party A the missing or the correct and legible Documents.
In the event of graft or serious dereliction of duty on the part of the general manager and/or deputy general managers, the Board of Directors shall have the power to dismiss them at will.
should+subj.+verb.
Should any of the stipulations to the Contract be altered, amended, supplemented or deleted, the same shall be negotiated between and agreed upon by both parties and written documents shall be signed by the representatives of both parties.
Should the effect of Force Majeure continue more than one hundred and twenty (120) consecutive days, both parties shall settle the further execution of the Contract through friendly negotiations as soon as possible.
Unless=if not, except if or except when
Unless expressly agreed to, the port of shipment is at the Seller’s option.
Unless otherwise stated thereafter, the accounting principles employed shall be the same as those applied in the proceeding years.
Neither Party shall have the right to represent the other party unless otherwise arranged. Provided that…
No salary shall be paid and charged against the operating expenses, provided that the commission or brokerage of the Second Party shall be paid and charged as a part of the operating expenses.
Provided that Party B desires to continue leasing the flat, Party B shall notify Party A in writing tow months in advance of expiry of the leased and a new contact shall be signed.
All disputes in connection with or in the execution of this Contract shall be settled through friendly negotiation. Where no settlement can be reached, the disputes shall be submitted for arbitration.
When one party to the Joint Venture Company assigns all or
part of his investment, the other party has preemptive right.
2）. 时间状语从句的翻译。

After …之日起
After the Seller receives the relative documents issued by the Shipping Company, the Seller shall pay to the Buyer within 20 (twenty) days.
Before ……后，才能……
Both Parties shall apply to their respective government authorities for approval before the Contract is officially signed.
2）定语从句的翻译
限定性定语从句的翻译
Party B guarantees that the technical documents to be supplied by Party B are the latest technical information which has been put into practical use by Party B.
Shipment shall be commenced within 10 months counting from the date when the contract has come into force and completed within 16 months.
“Net Selling Price” means the price at which the product is sold by Party B from time to time after deduction of packing, installation and freight charge, trade and quantity discount, commission, insurance and commodity tax, if any, directly applicable of Product.
The Seller ensures that all the equipment listed in Appendix One to the Contract are brand-new products whose performance shall be in conformity with the Contract and which are manufactured
according to the current Chinese National Standards or Manufacturer’s Standard.
All drawings, designs, specifications and all other technical information made available under this Contract by Party B shall
be kept strictly confidential by Party A who shall not sell, transfer or divulge it in any manner to anyone except those of its own employees who will be using it in a manufacture of the Product, without prior written consent of the Party B.
非限定性定语从句
If, through the Seller’s default, the shipment is delayed beyond 30 days, the Buyer shall then be entitled to make other purchase of the same sort of goods at any lower market price; or he may cancel its order through a telegram to the Seller, which is required to get to the latter prior to the beginning of any shipment.
If within thirty days of the giving of such notice no successor Agent shall have been so appointed and accepted such appointment, the retiring Agent may appoint a successor Agent, which shall be a bank having a combined capital and surplus of at least USD 50,000,000, or equivalent thereof in another currency, or an affiliate of such a bank.
三、句子及从句中的状语的翻译
1.句子中状语的翻译
All disputes shall, first of all, be settled amicably by negotiation.
The board meeting shall, under the Contract, be held on the location of the Company.
The Contractor shall, throughout the execution and completion of the Works and the remedying of any defects herein, take all reasonable steps to protect the environment on and off the site.
The Joint Venture Company shall, in the first three months of each fiscal year, work out the statement of assets and liabilities and losses and gains accounts of the past fiscal year, and shall,
after examined and signed by the auditor, submit the same to the Board meeting for approval.
2. 从句中状语的翻译
If, during air transportation, the Documentation (technical information) is found lost or damaged, Party B shall, within 30 days after receiving Party A’s written notice, supply Party A free of charge with the Documentation again.
If, for any reason beyond the reasonable control of the Consultant, it becomes necessary to replace any of the Personnel, the Consultant shall forthwith provide as a replacement a person of equivalent or better qualifications.
If, in accordance with the delivery schedule as stipulated in Chapter 4 to the Contract, the good fail to be delivered at dates due to the responsibility of the Seller, the Seller shall be obliged to pay to the Buyer penalty for such delay in delivery at the following rates.
四、从句简略形式在句中的翻译
The Contractor shall, if called upon so to do, enter into and execute the Contract Agreement, to be prepared and completed at the cost of Employer, in the form annexed to these conditions with such modification as may be necessary.
The Contractor shall notify the insurers of changes in the nature, extent or programme for the execution of the Works and ensure the adequacy of the insurance at all times in accordance with the terms of the Contract and shall, when required, produce to the Employer the insurance policies in force and receipts for payment or the current premiums.。