Contracts (Rights of Third Parties) Act
仓储协议模版(中英文)
STORAGE AGREEMENTBETWEEN the Client and Ministorage Shanghai Warehousing Co., Ltd or its branches whose names, addresses, and descriptions are set forth in the “Storage Agreement” (along with these “Terms and Conditions”, the “ Storage Agreement”).本《仓储条款与条件》由客户及仓储有限公司签订，其姓名、地址、详情均载于随附的《仓储协议》（与本《仓储条款与条件》合称为《仓储协议》）。
WHEREAS, the parties hereby agree as follows: 鉴于协议双方特此约定如下：1) Definitions - “Access Hours” are the hours Ministorage permits the Client to access the Premises / Unit. “Client” is the part renting the Unit from Ministorage. “Contract Start Date” is the date upon which tenancy begins as specified in the Agreement. “Contract End Date” is the date the contract ends. “Deposit” is the amount specified in the Agreement. “Due Date” occurs on the anniversary day of the Commencement Date when all prepaid rent has been used, provided that if such date does not exist in a given month, the Due Date shall be the first day of the following month. “Goods” is anything permissible the Client brings into the premises and stores in the Unit. “Monthly Rent” is the monthly rent sum specified in the Agreement. “PRC” is the People’s Republic of China. “Premises” is Ministorage’s storage facility located at the address designated in the Agreement. “Total Rent” is the total Monthly Rent sum, including prepayment discounts, due and payable. “Prohibited Items” are those specified in clause 5 herein. “Unit” is the storage unit specified in the Agreement and any alternate storage unit Ministorage may specify under clause 6 herein.定义–“访问时间”指迷你仓储允许客户访问房屋／单元的时间。
4各方的权利义务 Rights and Obligations of Parties
各方的权利义务Rights and Obligations of PartiesParty A shall have the following duties in connection with the operation of the Company:(a) Operational Approvals. Obtain all approvals required by the laws and regulations of China for the conduct of the operations and contracts of the Company including submitting this Agreement to any authority of the Chinese government whose approval may be necessary and obtaining all necessary business licenses.(b) Currency and Dividend Approval. Obtain all approvals required by the laws and regulations of China for the transfer of the funds and dividends of the Company to persons or corporations outside of China, as may be required by this Agreement or by contracts entered into by the Company including obtaining any further Foreign Exchange Registration Certificate as may be required.(c) Supplies. Facilitate the Company’s obtaining within the territory of China, such equipment, fuel, services and supplies as may be required by the Company for its operations (excluding any equipment, services or supplies which the Company has decided to obtain from foreign sources).(d) Customs. Undertake to clear products through customs (通关); transportation within China of such products, and storage and preservation of such products within China; obtain all necessary import and export licenses;(e) Visas. Process applications and obtain appropriate visas and work permits for all personnel associated with the operations of the Company, including personnel of Party B who are associated with those operations, as may be required by the laws of China;(f) Tax Benefits. Apply to obtain for the Company and the parties the benefits of the most favorable applicable tax exemptions, reductions, incentives, privileges and preferences which are now or in the future become obtainable under applicable laws of the China or any treaties or international agreements to which the China is or may become a party. Secure exemptions from personal income tax for all expatriates employed by the Company; (为公司和双方当事人申请获得中国法律或中国已加入的或将来可能加入的任何条约或国际协议目前提供的、或将来提供的免税、减税、特权和优惠待遇。
法律英语术语词汇表
party opposing a will 反对遗嘱的一方substituted as a party 代入成为一方the party making default 失责的一方the party in fault 犯错失的一方party to . . . contract 合约一方a party on the same side 同造一方interested party 有利害关系的一方party to the agreement 协议一方injured party 受害一方party 案中一方be substituted as a party 替代……而成为案中一方aggrieved party 感到受屈的一方party to legal proceedings 与讼一方opposite party 对立的一方a party on the other side 对造一方party setting up the will 确立遗嘱的一方party 一方当事人unanimous vote 一致表决unanimous verdict 一致裁决general proxy 一般代表general right of audience 一般出庭发言权ordinary jurisdiction 一般司法管辖权generally or in any particular case 一般地或在任何个别情况下general safety certificate 一般安全证明书general bonded warehouse 一般保税仓general power of appointment 一般指定受益的权力general authority 一般授权general power of attorney 一般授权书general waiver 一般宽免general administrator 一般遗产管理人common duty of care 一般谨慎责任ab initio 一开始on conviction upon indictment 一经循公诉程序定罪lump sum 一整笔款项Letter"B"land exchange entitlements “乙种”换地权益书small house holding 丁屋土地small house grant 丁屋批租约compound 了结liquidation 了结pending 仍未了结in full discharge of 完全了结compound an offence 就某罪行作出了结satisfies the claim 了结申索compound legal proceedings 了结法律程序satisfaction of the cause of action 了结诉讼因由unqualified person 不合资格人士public 公众人士qualified person 合资格人士2 or more persons 多于一名人士person aggrieved 受屈人士British protected person 受英国保护人士lay persons 非[法律]专业人士illegitimate person 非婚生人士British subject 英籍人士individual 个别人士individual 个别人士sentenced persons 被判刑人士adopted person 被领养人士professional person 专业人士stateless person 无国籍人士lay persons 业外人士legitimate person 获确立婚生地位人士subjects 人民person 人身personal inviolability 人身不得侵犯权personal freedom 人身自由attack on . . . person 人身受到攻击writ of habeas corpus 人身保护令writ of habeas corpus 人身保护令状personal injury 人身伤害guardian of the person 人身监护人Registration of Persons Tribunal 人事登记审裁处officer 人员public official 公务人员public servant 人员public officer 公职人员public servant 人员judicial officer 司法人员diplomatic agent 外交人员eligible officer 合资格人员coroner's officer 死因裁判人员Attesting Officer 见证人员escort officer 押送人员escorting officer 人员officer of the Court 法院人员officer of the Court 法院人员legal officer 律政人员designee 指定人员designated public officer 指明公职人员directorate disciplined officer 纪律部队首长级人员member of the Customs and Excise Service 海关人员authorized officer 特准人员officer 高级人员managing officer 高级管理人员detective 侦缉人员law enforcement officer 执法人员officer of justice 人员consular agent 领使人员gazetted officer 宪委级人员authorized officer 获授权人员customs officer 关员级人员humanitarian grounds 人道理由life insurance 人寿保险life insurance policy 人寿保险单ethnic origins 人种本源hostage 人质fit person 合适人选suitable person 人选fit and proper person 适当人选human rights 人权Bill of Rights 人权法案Human Organ Transplant Board 人体器官移植委员会premium 入股金burglary 入屋犯法burglary 入屋犯法burglary 入屋犯法罪income tax 入息税hospital order 入院令incriminate 入罪a person's right not to incriminate himself 任何人不使自己入罪的权利land 入境Immigration Department Detention Quarters 入境事务处羁留所Immigration Tribunal 入境事务审裁处immigrant 入境者entry permit 入境证attendance order 入学令full consideration 十足代价full valuable consideration 十足有值代价full operation 十足效力full costs 十足讼费complete indemnity 十足弥偿majority of two-thirds 三分之二大多数triad society 三合会triad society 三合会社团superior landlord 上一级业主listed 上市listed company 上市公司listed shares 上市股份listed securities 上市证券appeal 上诉appeal by way of petition 以呈请方式提出上诉cross-appeal 交相上诉further appeal 再上诉further appeal 再上诉criminal appeals 刑事上诉administrative appeal 行政上诉appeal abandoned 放弃上诉interlocutory appeal 非正审上诉notice of appeal against the judgment 针对判决的上诉通知书lodge an appeal 提出上诉prosecute an appeal 上诉further appeal 进一步上诉leave to appeal out of time 逾期上诉许可oppose an appeal 对上诉抗辩dismiss an appeal 驳回上诉hearing of appeals 审理上诉appellant 上诉人appellate jurisdiction 上诉司法管辖权appeal by way of a case stated 上诉用案件呈述的方式Appeal Committee 上诉委员会the Court of Appeal 上诉法庭Justice of Appeal 上诉法庭法官president of the Court of Appeal 上诉法庭庭长vice-presidents of the Court of Appeal 上诉法庭副庭长appeal frustrated 上诉的目的不能达致leave to appeal 上诉的许可right of appeal 上诉的权利list of appeals 上诉案件聆讯表appeal withdrawn 上诉被撤回notice of motion of appeal 上诉动议通知书上诉得直allow an appeal 上诉得直grounds of appeal 上诉理由grounds of appeal 上诉理由application for leave to appeal 上诉许可申请书notice of appeal 上诉通知notice of appeal 上诉通知书notice of appeal against the judgment 针对判决的上诉通知书appeal aid certificate 上诉援助证书Register of Appeals 上诉登记册party to the appeal 上诉当事人memorandum of appeal 上诉摘要appeal dismissed 上诉驳回list of appeals 上诉审讯表appellate tribunal 上诉审裁处appeal disposed of 上诉获得解决right of appeal 上诉权attendance order 上课令inferior landlord 下一级业主next port of call 下一停靠港order 下令poisoning 下毒inferior court 下级法庭the court below 下级法庭inferior court 下级法院predecessor in title of 之前的所有权持有人oral submissions 口述陈词viva voce 口头方式oral proceedings 口头的法律程序examined viva voce 口头讯问oral examination 口头讯问viva voce questions 口头问题oral statement 口头陈述oral statement 口头陈述oral cross-examination 口头盘问re-examine viva voce 口头覆问oral testimony 口头证供oral evidence 口头证据direct oral evidence 直接口头证据land 土地small house holding 丁屋土地leased land 已批租土地partition of property in land 分划土地财产unleased land 未批租土地shares in land 在土地所占的份数beneficial enjoyment of land 在土地实益享有的利益recover land 收回土地resumption of land 土地acquisition of land 收购土地settled land 有限制授予的土地land granted at nil premium 免收地价批给的土地leasehold 批租土地leasehold property 批租土地财产leasehold interest 批租土地权益private land 私人土地Government land 政府土地re-entry 重收土地leasehold 租赁土地State land 国家土地enclosed land 围封土地payable out of land 就土地而缴付land of any tenure 属任何保有形式的土地real and assumed property 土地及其它财产real and assumed property 土地及其它财产land exchange entitlement 土地交换权利land valuation 土地估价Land Commission 土地委员会leases of land 土地契约mortgage on land 土地按揭land . . . held by . . . at will 土地租赁为不定期real property 土地财产wayleave 土地通行权Land Development Corporation 土地发展公司real action 土地诉讼land registration 土地注册Land Registry 土地注册处Land Registrar 土地注册处处长Land Registry register 土地注册处注册纪录册Lands Tribunal 土地审裁处Presiding Officer, Lands Tribunal 土地审裁处法官President, Lands Tribunal 土地审裁处庭长land acquisition 土地征用devisee 土地遗赠继承人interests in land 土地权益Chancery,Family and Queen's Bench Divisions 大法官法庭、家事法庭及皇座法庭substantial shareholder 大股东majority shareholder controller 大股东控权人barrister 大律师barristers-at-law 大律师counsel 大律师employment of counsel 延聘大律师pupil 见习大律师取消大律师资格disbarred委托大律师instruct counsel律师或大律师attorney首席大律师leading counsel香港大律师公会Hong Kong Bar Association香港大律师公会执行委员会Bar Council of the Hong Kong Bar Association资深大律师Senior Counsel实习大律师pupil获认许为大律师called to the Bar大律师公会Hong Kong Bar Association大律师名册panels of counsel大律师行业或律师行业the practice of law大律师见习职位pupillage大律师事务所barristers' chambers大律师事务所chambers of counsel大律师的收费counsel's fees大律师书记barrister's clerk大律师登记册roll of barristers大赦amnesty子女夫妾关系中的子女 a child of a union of concubinage未成年子女minor child受供养子女dependent children尚在其母腹中的子女 a child en ventre sa mere 非婚生子女 a child not born in wedlock子女illegitimate child婚生子女legitimate child寄养子女foster child领养的子女adopted child谊子女godchild谊子女godchild亲生子女natural child获确立婚生地位子女legitimated child继子女step-child子女抚恤金children's pension子民与子民之间的诉讼action between subjects 小股东控权人minority shareholder controller委员小组panel法律顾问小组panel of legal advisers纪律审裁小组disciplinary tribunal备选委员小组panel审裁小组panel审裁委员小组panel of adjudicators小组委员会committee小额钱债审裁处Small Claims Tribunal小额钱债审裁处诉讼人储存金账户Small Claims Tribunal Suitors' Funds Account小额薪酬索偿仲裁处Minor Employment Claims Adjudication Board工作天business day工作天working day工作日working day工作守则code of practice工伤industrial injury工伤导致伤残industrial disablement工业知识know-how工业知识的权利rights to know-how工资wages已完税货品duty-paid goods已届成年of age 73已届成年并具行为能力of full age and capacity 已拒付汇票的参加承兑acceptance for honour supra protest已采取所有合理的预防措施took all reasonable precautions已提供付款的诉plea of tender已登记所有人registered proprietors已登记押记registered charge已登记职工会联会registered trade union federation已进行部分聆讯part-heard已过时的条例obsolete Ordinances已缴足股款的股份fully paidup shares已证明债权的债权人creditor who has proved his debt干预intervention干预tamper with干扰disturb干扰interfere干扰tampered干扰quiet possession干扰证人interfere with a witness不人道inhumane不小心或不谨慎want of the due care or caution 不公平inequitable不公平的手法unfair tactics不公正的情况 a miscarriage of justice不公开in private不分割份数undivided share不分割份额undivided share不付款而离去making off without payment不可抗力force majeure不可抗力force majeure不可侵犯权inviolability不可商售的货品unmerchantable goods不可推翻地推定conclusively presumed不可推翻的证据conclusive evidence不可阅的形式non-legible form不可转让non-assignable不再服务薪津non-effective pay不合并nonjoinder不合情理的作为unconscionable act不合理地unreasonably不合理的风险undue risk不合理的条款unreasonable terms不同控罪distinct charges不在犯罪现场alibi不在犯罪现场详情的通知notice of particulars of the alibi不在讼案内的法律程序proceeding not in a cause 公约的缔约成员party to Convention公约国Convention country公约国Convention State公约船Convention ship公约裁决Convention award公约证明书Convention certificates公海high seas公务人员public official公务人员public servant公务人员体系public service公务员public servant公务员事务规例Civil Service Regulations公务员 用委员会Public Service Commission 公众public不许公众旁听任何法律程序exclusion of the public from any proceedings公开及公众法庭open and public court令公众觉得不雅的行为offence against public decency向公众招标put up for public tender为保障公众起见for the protection of the public 为保障公众起见for the protection of the public 公众人士public公众公司public companies公众安宁public peace公众利益public advantage公众利益public benefit公众利益public interest令公众利益受到损害injurious to the public interest合乎公众利益in the public interest为公众利益in the public interest符合公众利益in the public interest损害公众利益injurious to the public interest违反公众利益contrary to the public interest公众取用public access公众保税仓public bonded warehouse公众查阅期public inspection period公众海旁public water-front公众假日general holiday公众假日public holiday公众假期general holiday公众假期public holiday公众条例public Ordinance公众集结场所place of public assembly公众骚乱public disturbance公诉indictment可公诉罪行indictable offence可提出公诉an indictment may be preferred撤销公诉书quash the indictment独立公诉书separate indictment公诉法律程序proceedings on indictment公诉法律程序proceedings on indictment公诉书bill of indictment公诉书indictment公诉书拟稿bill of indictment公诉提控arraigned公诉程序indictment一经循公诉程序定罪on conviction upon indictment可循公诉程序审讯triable upon indictment可循公诉程序审讯的罪行offence triable upon indictment循公诉程序upon indictment循公诉程序定罪conviction upon indictment公诉罪行indictable offence公开投标public tender公开拍卖public auction公开法律程序proceedings in public公开法庭open court公开研讯程序proceedings in public公开讯问public examination公开聆讯heard in open court公开聆讯public hearing公开聆讯方式open court公开议事程序proceedings in public公认配偶reputed spouse公敌public enemy公敌行为act of public-enemies公历月calendar month公历年calendar year公积金provident fund公营单位public sector entity公断reference公断人umpire公职public office公职public service公职人员public officer公职人员public servant公职人员法团incorporated public officer公职服务public service公职检控官public prosecutor公证人notary public法律公证人notary public特别公证人special referee公证人注册纪录册register of notaries public 公证行为notarial acts公证作为notarial act公证承付act of honour公证承付notarial act of honour公证特权notarial faculty公证开支notarial expenses公摊办法pooling arrangements分包合约subcontract分包销sub-underwriting分包销合约subunderwriting contract分行登记证branch registration certificate分居separation合法分居legal separations裁判分居judicial separation分居契据deed of separation分居配偶separated spouse分契sub-deed分段section地段的小分段subsection of a lot地段的分段section of a lot分租sub-lease分租sub-letting分租sublet分租underlease分租underlet独立分租separate letting分租人under-lessor派生的分租人derivative under-lessor原本的分租人original under-lessor分租承租人sub-lessee分租契sub-lease分租契承租人sub-lessee分租客sub-tenant分租约underlease分租租契sub-lease分租租契under-lease派生的分租租契derivative under-lease原本的分租租契original under-lease分租租契协议agreement for an under-lease分租租赁sub-tenancy分区土地注册处District Land Registry分割partitioned分期by instalments分期付款协议hiring agreement分期付款租购协议hire purchase agreement分期执行的监禁刑期consecutive sentences of imprisonment分期执行的监禁刑期consecutive sentences of imprisonment分开居住live apart分开审讯separate trial分划partition分划土地财产partition of property in land分担contribution分担人contributory分担提供contribute分担款项contribution分担费contribution分担费用contribution分担开支令Contribution Order分担过失contributory fault分摊apportion分摊apportionment分摊基准basis of apportionment分权共有tenancy in common分权共有人co-owner分权共有人tenants in common分权共有财产common property分权共有权ownership in common友好调解人amiable compositeur反申索counterclaim以抵销或反申索方式作出的申索claim by way of set-off or counterclaim反申索的抗辩书defence to counterclaim反申索书counterclaim反向回购reverse repos反指控counter-charges反指称counter allegations反要求cross demand反要求cross demand反控告counter-charges反通知书counter-notice反陈述counter-statement反诉counter-claim反诉cross-proceedings反对以法律程序各方未全为由而提出反对object for want of parties在无反对的情况下作出的命令orders in default法律上的反对legal objection提出反对lodge an objection无人反对的破产呈请unopposed bankruptcy petition令提出反对因由的命令an order to show cause反对人objector反对劫持人质国际公约International Convention against the Taking of Hostages反对者objector反对通知notice of opposition反对通知书notice of objection反对通知书notice of opposition反对遗嘱的一方party opposing a will反驳disprove反驳rebut反驳rebuttal反驳陈述statement of objections反驳证据rebutting evidence反证disproving天灾act of God太平绅士justice太平绅士justice of the peace夫妾关系union of concubinage夫妾关系union of concubinage夫妾关系中的子女 a child of a union of concubinage少年juvenile少年人young person少年犯人juvenile offender少年法庭juvenile court少年罪犯young offenders少年罪犯youthful offender证明文件certificate文件documentary identification文件documentary proof权利文件entitlement document权限文件authority文件清单lists of documents文件透露discovery of documents文件证物documentary exhibits令人反感的文字offensive writing带永久形式诽谤的文字libellous writing煽动文字seditious words遗嘱性质文字testamentary writing文字商标word trade mark文告proclamation文书instrument文书错误clerical mistakes方party方案plan日内瓦各项公约Geneva Conventions欠妥defect所有权欠妥defect in title欠妥之处defect欠缺抗辩书in default of defence欠缺所有权want of title欠缺状书in default of pleading欠缺真诚want of good faith欠款证明书certificate of arrears欠缴default of payment止赎foreclosure止赎或赎回任何按揭foreclosure or redemption of any mortgage止赎的权利right to foreclose止赎诉讼foreclosure action止赎权foreclosure比例代表名单制the list system of proportional representation比例代表原则 principle of proportionate representation水务监督Water Authority水域territorial sea火器firearm火险fire insurance火警危险令fire hazard order代替其父母地位的人person standing in loco parentis to him身居父母地位in loco parentis前父母former parent配偶的父母parents-in-law领养父母adoptive parent谊父母godparent养父母adoptive parent亲生父母natural parents继父母step parent父母权利parental rights父系male line指认父亲putative father领养父亲或母亲adopting parent领养父亲或领养母亲adopting parent据称的父亲reputed father亲生父亲或母亲natural parent世系stock世界人权宣言Universal Declaration of Human Rights世界贸易组织协议World Trade Organization Agreement主犯principal offender主任裁判官Principal Magistrate主任审裁官Principal Adjudicator,Small Claims Tribunal主任审裁官(劳资审裁处)Principal Presiding Officer, Labour Tribunal主事人principal主承建商main contractor主持preside主持聆讯preside at sittings主要受益人principal beneficiary主要的居所principal residencechief place of business主要的业务地点chief place of business主要保证principal security主要债务人principal debtor主要业务principal business主要业务地址principal place of business主要业务地点principal place of business主要办事处principal office主要营业地点principal place of business主租客principal tenant主租赁principal tenancy主动提起诉讼initiation of proceedings主问examination in chief主问examined in chief主问证据evidence in chief主理讼费评定事务聆案官taxing master主理精神病患者财产帐目聆案官Master in Lunacy主管principal主管司法机关competent judicial authority主管船东managing owner of the ship主管当局authority主管当局competent authority公共主管当局competent public authorities主管当局public authority司法主管当局judicial authority地区主管当局local authority具有权限的主管当局competent authorities法定主管当局statutory authority国家主管当局national authority适当主管当局appropriate authority主管机构authority主管机关competent authorities主审法官trial judge主审裁判官adjudicating magistrate主审裁判官presiding magistrate主题subject matter主权sovereign主权sovereignty行使主权exercise of sovereignty主权国sovereign powers主权国政府sovereign government主权豁免sovereign immunity主体条例principal Ordinance他罪成立的裁定alternative convictions付出价值的真诚购买人bona fide purchaser for value已提供付款的抗辩defence setting up tender已提供付款的诉plea of tender不付款而离去making off without payment中止付款suspend payment中期付款interim payment分期付款协议hiring agreement分期付款租购协议hire purchase agreement以在诉讼前已提供付款为抗辩defence of tender before action可凭票要求付款payable on demand收取已拒付汇票的付款receive payment supra protest判定债务人没有付款的誓章affidavit of default on the part of the judgment debtor即场付款payment on the spot见票后付款的汇票 a bill payable after sight受制于付款判决的债务人debtor under a judgment for moneydebtor under a judgment for money所诉的是已提供付款pleads a tender恩恤付款ex gratia payment被诱使等候付款induced to wait for payment就拒付汇票而作出的参加付款payment for honour supra protest就拒付汇票而作出参加付款payment...for honour supra protest须付款予持有人的支票cheques payable to bearer须付款的债务人debtor for money凭票要求付款予持票人的银行纸币bank notes payable to bearer on demand整笔付款lump sum payment临时付款provisional payment可赎回的redeemable可赎回的押记redeemable charge可赎回股份redeemable share可变现财产realisable property司法administration of justice司法judicial司法人员judicial officer司法人员推荐委员会 Judicial Officers Recommendation Commission司法人员推荐委员会 Judicial Officers Recommendation Commission司法不公miscarriage司法不公miscarriage of justice司法公正justice司法文件judicial documents司法主管当局judicial authority司法判决judicial decision司法协助judicial assistance司法受托人judicial trustee司法科学forensic science司法书记judicial clerk司法书记的证明书certificate of judicial clerk司法财产保管人judicial factor英格兰高等司法院High Court of Justice in England司法常务主任Registrar民事上诉案的司法常务官registrar of civil appeals高等法院司法常务官Registrar of the High Court 高等法院助理司法常务官Assistant Registrar, High Court高等法院副司法常务官Deputy Registrar,High Court终审法院司法常务官Registrar of the Court of Final Appeal暂委助理司法常务官temporary assistant registrar暂委副司法常务官temporary deputy registrar司法常务官证明书certificate of the Registrar司法程序judicial proceedings司法程序文件judicial proceedings司法程序文件judicial process司法当局judicial authority司法资格judicial qualifications可循公诉程序审讯triable upon indictment可循公诉程序审讯的罪行offence triable upon indictment可循民事程序追讨recoverable civilly可循简易程序审讯triable summarily可循简易程序审讯triable summarily可循简易程序审讯的罪行offence triable summarily可提出公诉an indictment may be preferred可逮捕的罪行arrestable offence可进行诉讼的伤害actionable injury可预见foreseeable可划分的违约severable breach可构成罪行的culpable可构成罪行的疏忽culpable negligence可废除权益defeasible interest可征收leviable可征费leviable可征费交易leviable transaction可阅形式legible form可凭票要求付款payable on demand可随时及随意取消的权益interest at will可随意终结的租赁tenancy at will可惩罚罪行punishable offence可证债项provable debt可证债权provable debt可继承产hereditaments可续期政府租契renewable Government lease可流转negotiable可流转收据negotiable receipt可流转票据negotiable instrument可流转证明书negotiable certificate可被接纳为证据admissible in evidence可起诉与被起诉may sue and be sued可动用收入disposable income可动用资产disposable capital可动资产movable assets可商售品质merchantable quality可强迫作证的证人compellable witness可接纳的证据admissible evidence可移动财产movable property可终止权益determinable interest可终结的权益determinable interest可处punishable可处监禁may be sentenced to imprisonment亲笔发出<willmigerl>under his hand亲笔签署<willmigerl>under his hand亲自签署<willmigerl>under his hand亲笔签署<willmigerl>under the hand of亲自签署<willmigerl>under the hand of由……签发<willmigerl>under the hand of由……签署<willmigerl>under the hand of过度的困苦<willmigerl>undue hardship接受租用<willmigerl>accept the hire参加承兑<willmigerl>acceptance for honour参加承兑人<willmigerl>acceptor for honour外国敌意行为<willmigerl>act of foreign enemy hostilities骚扰作为<willmigerl>act of harassment公证承付<willmigerl>act of honour身体伤害<willmigerl>actual bodily harm将聆讯押后<willmigerl>adjourn the hearing经延期的聆讯<willmigerl>adjourned hearing押后聆讯<willmigerl>adjourned hearing获准代表……陈词的<willmigerl>admitted to be heard for . . .获准代表……陈词的<willmigerl>admitted to be heard for . . .中度照顾安老院<willmigerl>aged home租购协议<willmigerl>agreement of hire purchase 全体人员<willmigerl>all hands另定假日<willmigerl>alternative holiday畜牧业<willmigerl>animal husbandry移交<willmigerl>hand over传单<willmigerl>handbill单张<willmigerl>handbills递交<willmigerl>handed in递交<willmigerl>handed in面交<willmigerl>handed personally to . . .弱能人士<willmigerl>handicapped处理赃物者<willmigerl>handler of . . . stolen goods经办代理人<willmigerl>handling agent手续费<willmigerl>handling charge处理或收受窃取的财物<willmigerl>handling or receiving stolen property处理赃物<willmigerl>handling stolen goods处理赃物罪<willmigerl>handling stolen goods宣布决定<willmigerl>hands down its decision笔迹<willmigerl>handwriting处理及接受赃物<willmigerl>handwriting stolen goods and reset手书<willmigerl>handwritten恰巧在他手中<willmigerl>happen to be in his hand侵扰<willmigerl>harassment港口工程<willmigerl>harbour works窝藏<willmigerl>harbours有害干扰<willmigerl>harmful interference手上仍有……<willmigerl>has in his hands . . .有权取览<willmigerl>have access to负责管理<willmigerl>have charge of . . .弱智的人<willmigerl>mentally handicapped person中医<willmigerl>native herdalist其次……最高票数<willmigerl>next highest number of votes通常办公时间<willmigerl>normal office hours正常工作时数<willmigerl>normal working hours公证承付<willmigerl>notarial act of honour护理院<willmigerl>nursing home要约出租<willmigerl>offering for hire对……作任何阻挠<willmigerl>offers to...any hindrance办公时间<willmigerl>office hours操作时间<willmigerl>operating hours陈词的机会<willmigerl>opportunity of being heard 获聆听的机会<willmigerl>opportunity of being heard陈词的机会<willmigerl>opportunity to be heard原持有人<willmigerl>original holder为维护某方的信誉而付款<willmigerl>paid for honour已进行部分聆讯<willmigerl>part-heard参加付款人<willmigerl>payer for honour招揽生意<willmigerl>plying for hire保单持有人<willmigerl>policy holder将聆讯延迟或押后<willmigerl>postpone or adjourn . . . hearing预审<willmigerl>preparatory hearing出席聆讯<willmigerl>present at a hearing公开聆讯<willmigerl>public hearing公众假期<willmigerl>public holiday公众假日<willmigerl>public holiday公营医院<willmigerl>public hospital登记持有人<willmigerl>registered holder股份的……登记持有人<willmigerl>registered holder of shares半血亲关系<willmigerl>relationship of the half blood追溯至<willmigerl>have relation back to . . .取得……复还<willmigerl>have restitution . . .具有该效果<willmigerl>have that effect分别具有……追索……的诉讼因由having separate causes of action . . . for . . .须制备……命令<willmigerl>having the carriage of the order摒除任何其它人而独享全部权益<willmigerl>having the entire of the interest to the exclusion of any other person小贩市场<willmigerl>hawker bazaar贩卖<willmigerl>Hawking可能产生危险的不妥善之处<willmigerl>hazardous defect具危险性财产<willmigerl>hazardous property家长<willmigerl>head of a family领馆馆长<willmigerl>head of consular post开支总目<willmigerl>head of expenditure政府首长<willmigerl>Head of Government国家元首<willmigerl>Head of State总办事处<willmigerl>head office案目<willmigerl>heading总目<willmigerl>heading总部<willmigerl>headquarters健康<willmigerl>health卫生主任<willmigerl>health officer聆讯上诉<willmigerl>hear . . . appeal听取证据<willmigerl>hear evidence就有关事项聆讯该人<willmigerl>hear him on the subject闭门聆讯有关申请<willmigerl>hear the application in private公开聆讯<willmigerl>heard in open court聆讯……以非公开形式进行<willmigerl>heard in private以非公开形式聆讯<willmigerl>heard in private在休庭期内聆讯<willmigerl>heard in vacation聆听……申请<willmigerl>hearing an application诚实地相信<willmigerl>in the honest belief诚实地相信<willmigerl>in the honest belief that真诚相信<willmigerl>in the honest belief that煽动针对……的仇恨<willmigerl>incite hatred against . . .煽动对……的仇恨<willmigerl>incite hatred towards . . .无体可继承产 incorporeal herditaments使他人身体受到严重伤害inflicting grievous bodily harm使人受到严重或实际身体伤害inflicting grievous or actual bodily harm损害健康<willmigerl>injurious to health在某项财产上实益持有的权益interest held... beneficially in property高等法院法官 judge of the High Court将……暂时扣押在你们手中keep...under sequestration in your hands土地……租赁为不定期<willmigerl>land...held by . . . at will持有从政府取得的土地<willmigerl>land is held from the Government合法继承人<willmigerl>legal heir出租<willmigerl>let . . . hired out为收取租金而出租<willmigerl>let out for hire出租<willmigerl>let out on hire出租、借出或租用<willmigerl>let, lend or hire出租<willmigerl>lets for hire审讯表<willmigerl>list for hearing娼妓住所<willmigerl>lodging house for prostitutes留产院<willmigerl>maternity home可亲自应讯<willmigerl>may be heard in person共住家庭成员<willmigerl>members of... household精神及身体健康状况<willmigerl>mental and physical health弱智<willmigerl>mental handicap精神病院<willmigerl>mental hospital羁留院<willmigerl>Remand Home安老院<willmigerl>residential care home恢复进行的聆讯<willmigerl>resumed hearing权利持有人<willmigerl>right holder危及人命<willmigerl>risk to human life繁忙时间<willmigerl>rush hours令其本人信纳<willmigerl>satisfy himself低度照顾安老院<willmigerl>self-care hostel单独住户的单位<willmigerl>separate household unit独立家居单位<willmigerl>separate household unit 独立住户单位<willmigerl>separate household unit 经编排……聆讯时间<willmigerl>set down forhearing将……排期聆讯<willmigerl>setting down...for hearing性骚扰<willmigerl>sexual harassment对……作出性骚扰<willmigerl>sexually harassment . . .1883年保护工业产权巴黎公约Paris Convention for the Protection of Industrial Property 1883 1974年海上运输旅客及其行李雅典公约Athens Convention relating to the Carriage of Passengers and their Luggage by Sea, 19741976年海事索偿责任限制公约Convention on Limitation of Liability for Maritime Claims, 1976 公约公民权利和政治权利国际公约International Covenant on Civil and Political Rights反对劫持人质国际公约International Convention against the Taking of Hostages日内瓦公约Geneva Convention日内瓦各项公约Geneva Conventions民事诉讼程序公约Civil Procedure Convention 危害种族罪公约Genocide Convention。
买卖方与第三方付款中英文
BUYER’S CODE : 買家編號SELLER’S CODE : 賣家編號BENEFICIARY REFERENCE NUMBER : 受益人的參考編號::BUYER’S CODE : 買家編號SELLER’S CODE : 賣家編號BENEFICIARY REFERENCE NUMBER : 受益人的參考編號::BUYER’S CODE : 買家編號SELLER’S CODE : 賣家編號BENEFICIARY REFERENCE NUMBER : 受益人的參考編號::Email :電子郵件因此，现在的受益人已同意接收某些成本仪表（S）和申请人同意发行/交付说基于以下条款和条件：BANK INSTRUMENT PARTICULARS银行票据资料Instruments: Fully Cash Backed BANK GURANTEE /Standby Letter of Credit (Standard ICC format)仪器仪表：完全信用现金已备份之银行保函/备用信用证（ICC标准格式）Age: Fresh Cut年龄期限：新開Interest Rate: Zero Coupon利率：零息Term: One (1) year and One (1) day期限：一（1）年一（1）天Currency: Euro货币：欧元Bank Menu: Royal Bank of Scotland or HSBC UK and Deutsch Bank银行菜单：依苏格兰皇家银行或汇丰银行英国和德意志银行Total Amount: € Billion (xxxx Billion Euro) with rolls& extensions. First tranche €500Million. The follow tranchesas per “Proposed Tranches Schedule”.总金额：€亿面額或扩展（XXXX亿欧元）。
人员分配及人力调配(ppt 33页((英文版)
Employee Relations Manager
Management Devel Operative training
Needs Design Delivery Evaluation
Staff appraisal Career counselling
Medical Centre screening/welfare Loos/hygiene
(staff <==> firm). admin. burden. Routinisation, consistency, predictability.
Strategic preparedness & development intelligence & expertise. anticipate staffing problems. Coordinate, reduce risk strategic analysis, choice & implementation (global or local) Support development & business prosperity
Module Texts
Essential (pre-season training) Maund L, 2001, Intro to HRM, Palgrave Beardwell I & Holden, 2000, HRM, Pitman Further Cornelius, N (1999) HRM: a Managerial Perspective,
Deviant innovator (architect) influence “ends -means” relationships. gain acceptance for different success criteria. strategic: empowerment, creativity, organisational culture (Legge 1978)
Contracts (Rights of Third Parties) Act
Contracts (Rights of Third Parties) Act(CHAPTER 53B)(Original Enactment: Act 39 of 2001)REVISED EDITION 2002(31st July 2002)An Act to make provision for the enforcement of contractual terms by third parties. [1st January 2002]Short title and application1.—(1) This Act may be cited as the Contracts (Rights of Third Parties) Act.(2) Subject to subsection (3), this Act shall not apply in relation to a contract entered into before the end of the period of 6 months from 1st January 2002.(3) The restriction in subsection (2) shall not apply in relation to a contract which —(a)is entered into on or after 1st January 2002; and(b)expressly provides for the application of this Act.Right of third party to enforce contractual term2.—(1) Subject to the provisions of this Act, a person who is not a party to a contract (referred to in this Act as a third party) may, in his own right, enforce a term of the contract if —(a)the contract expressly provides that he may; or(b)subject to subsection (2), the term purports to confer a benefit on him.(2) Subsection (1)(b) shall not apply if, on a proper construction of the contract, it appears that the parties did not intend the term to be enforceable by the third party. (3) The third party shall be expressly identified in the contract by name, as a member of a class or as answering a particular description but need not be in existence when the contract is entered into.(4) This section shall not confer a right on a third party to enforce a term of a contract otherwise than subject to and in accordance with any other relevant terms of the contract.(5) For the purpose of exercising his right to enforce a term of the contract, there shall be available to the third party any remedy that would have been available to himin an action for breach of contract if he had been a party to the contract (and the rules relating to damages, injunctions, specific performance and other remedy shall apply accordingly) and such remedy shall not be refused on the ground that, as against the promisor, the third party is a volunteer.(6) Where a term of a contract excludes or limits liability in relation to any matter, references in this Act to the third party enforcing the term shall be construed as references to his availing himself of the exclusion or limitation.(7) In this Act, in relation to a term of a contract which is enforceable by a third party —“promisee” means the party to the contract by whom the term is enforceable against the promisor;“promisor” means the party to the contract against whom the term is enforceable by the third party.Variation and rescission of contract3.—(1) Subject to this section, where a third party has a right under section 2 to enforce a term of the contract, the parties to the contract may not, by agreement, rescind the contract, or vary it in such a way as to extinguish or alter the third party’s entitlement under that right, without his consent if —(a)the third party has communicated his assent to the term to the promisor;(b)the promisor is aware that the third party has relied on the term (whether or not the third party has knowledge of its precise terms); or(c)the promisor can reasonably be expected to have foreseen that the third party would rely on the term and the third party has in fact relied on it (whether or not the third party has knowledge of its precise terms).(2) The assent referred to in subsection (1)(a)—(a)may be by words or conduct; and(b)if sent to the promisor by post or other means, shall not be regarded as communicated to the promisor until it is received by him.(3) Subsection (1) is subject to any express term of the contract under which —(a)the parties to the contract may by agreement rescind or vary the contract without the consent of the third party; or(b)the consent of the third party is required in circumstances specified in the contract instead of those set out in subsection (1)(a), (b) and (c).(4) Where the consent of a third party is required under subsection (1) or (3), the court or arbitral tribunal may, on the application of the parties to the contract, dispense with his consent if it is satisfied that —(a)his consent cannot be obtained because his whereabouts cannot reasonably be ascertained; or(b)he is mentally incapable of giving his consent.(5) The court or arbitral tribunal may, on the application of the parties to a contract, dispense with any consent that may be required under subsection (1)(c) if it is satisfied that it cannot reasonably be ascertained whether or not the third party has in fact relied on the term of the contract.(6) If the court or arbitral tribunal dispenses with a third party’s consent, it may impose such conditions as it thinks fit, including a condition requiring the payment of compensation to the third party.(7) The jurisdiction conferred on the court by subsections (4), (5) and (6) shall be exercisable by both the High Court and a District Court.Defences, etc., available to promisor4.—(1) Subsections (2) to (5) shall apply where proceedings for the enforcement of a term of a contract are brought by a third party in reliance on section 2.(2) The promisor shall have available to him, by way of defence or set-off, any matter that —(a)arises from or in connection with the contract and is relevant to the term; and(b)would have been available to him by way of defence or set-off if the proceedings had been brought by the promisee.(3) The promisor shall also have available to him, by way of defence or set-off, any matter if —(a)an express term of the contract provides for it to be available to him in proceedings brought by the third party; and(b)it would have been available to him by way of defence or set-off if the proceedings had been brought by the promisee.(4) The promisor shall also have available to him —(a)by way of defence or set-off any matter; and(b)by way of counterclaim any matter not arising from the contract,that would have been available to him by way of defence or set-off or by way of counterclaim against the third party, as the case may be, if the third party had been a party to the contract.(5) Subsections (2) and (4) are subject to any express term of the contract as to the matters that are not to be available to the promisor by way of defence, set-off or counterclaim.(6) Where, in any proceedings brought against him, a third party seeks to enforce a term of a contract (including, in particular, a term purporting to exclude or limit liability) in reliance on section 2, he may not do so if he could not have done so (whether by reason of any particular circumstances relating to him or otherwise) had he been a party to the contract.Enforcement of contract by promisee5.Section 2 shall not affect any right of the promisee to enforce any term of the contract.Protection of promisor from double liability6. Where under section 2, a term of a contract is enforceable by a third party, and the promisee has recovered from the promisor a sum in respect of —(a)the third party’s loss in respect of the term; or(b)the expense to the promisee of making good to the third party the default of the promisor,then, in any proceedings brought in reliance on that section by the third party, the court or arbitral tribunal shall reduce any award to the third party to such extent as it thinks appropriate to take account of the sum recovered by the promisee. Exceptions7.—(1) Section 2 shall not confer any right on a third party in the case of a contract ona bill of exchange, promissory note or other negotiable instrument.(2) Section 2 shall not confer any right on a third party in the case of any contract binding on a company and its members under section 39 of the Companies Act (Cap.50).(2A) Section 2 shall not confer any right on a third party in the case of any registration document of a limited liability partnership registered under the Limited Liability Partnerships Act 2005 or any limited liability partnership agreement as defined in that Act.[5/2005 wef 11/04/2005](3) Section 2 shall not confer any right on a third party to enforce any term of a contract of employment against an employee.(4) Section 2 shall not confer any right on a third party in the case of —(a)a contract for the carriage of goods by sea; or(b)a contract for the carriage of goods by rail or road, or for the carriage of cargo by air, which is subject to the rules of the appropriate international transport convention, except that a third party may in reliance on that section avail himself of an exclusion or limitation of liability in such a contract.(5) In subsection (4)—“appropriate international transport convention” means—(a)in relation to a contract for the carriage of cargo by air, the Convention which has the force of law in Singapore under section 3 of the Carriage by Air Act (Cap. 32A); (b)in relation to a contract for the carriage of goods by rail, such Convention which has the force of law in Singapore under such written law as the Minister may by order prescribe; and(c)in relation to a contract for the carriage of goods by road, such Convention which has the force of law in Singapore under such written law as the Minister may by order prescribe;“contract for the carriage of goods by sea” means a contract of carriage—(a)contained in or evidenced by a bill of lading, sea waybill or a corresponding electronic transaction; or(b)under or for the purposes of which there is given an undertaking which is contained ina ship’s d elivery order or a corresponding electronic transaction.(6) For the purposes of subsection (5)—(a)“bill of lading”, “sea waybill” and “ship’s delivery order” have the same meanings as in the Bills of Lading Act (Cap. 384); and(b)a corresponding electronic transaction is a transaction within section 1(5) of the Bills of Lading Act which corresponds to the issue, indorsement, delivery or transfer of a bill of lading, sea waybill or ship’s delivery order.Supplementary provisions relating to third party8.—(1) Section 2 shall not affect any right or remedy of a third party that exists or is available apart from this Act.(2) Section 2(2) of the Unfair Contract Terms Act (Cap. 396) (exclusion of or restriction on liability for negligence) shall not apply where the negligence consists of the breach of an obligation arising from a term of a contract and the person seeking to enforce it is a third party acting in reliance on section 2.(3) In section 6 of the Limitation Act (Cap. 163), the references to an action founded on a contract shall include references to an action brought in reliance on section 2 relating to a contract.(4) A third party shall not, by virtue of section 2(5) or 4(4) or (6), be treated as a party to the contract for the purposes of any other written law.Arbitration provisions9.—(1) Where —(a)a right under section 2 to enforce a term (referred to in this section as the substantive term) is subject to a term providing for the submission of disputes to arbitration (referred to in this section as the arbitration agreement); and(b)the arbitration agreement is an agreement in writing for the purposes of the Arbitration Act (Cap. 10) or Part II of the International Arbitration Act (Cap. 143A), the third party shall be treated for the purposes of the Arbitration Act or the International Arbitration Act, as the case may be, as a party to the arbitration agreement as regards disputes between himself and the promisor relating to the enforcement of the substantive term by the third party.(2) Where —(a)a third party has a right under section 2 to enforce a term providing for one or more descriptions of dispute between the third party and the promisor to be submitted to arbitration (referred to in this section as the arbitration agreement);(b)the arbitration agreement is an agreement in writing for the purposes of the Arbitration Act or Part II of the International Arbitration Act; and(c)the third party does not fall to be treated under subsection (1) as a party to the arbitration agreement,the third party shall, if he exercises the right, be treated for the purposes of the Arbitration Act (Cap. 10) or the International Arbitration Act (Cap. 143A), as the case may be, as a party to the arbitration agreement in relation to the matter with respect to which the right is exercised, and be treated as having been so immediately before the exercise of the right.。
民法典合同编通则若干解释 中英文
民法典合同编通则若干解释中英文全文共3篇示例，供读者参考篇1Civil Code Contract Code InterpretationsWith the implementation of the Civil Code of the People's Republic of China on January 1, 2021, the Contract Code within the Civil Code has attracted significant attention. One of the key aspects of the Contract Code is the general provisions that apply to all types of contracts. In this article, we will delve into some of the key interpretations of the general provisions of the Contract Code in the Civil Code.1. Principle of Good FaithOne of the fundamental principles of contract law in the Civil Code is the principle of good faith. Article 4 of the Contract Code stipulates that the parties to a contract shall abide by the principle of good faith in the conclusion and performance of the contract. This means that the parties are expected to act honestly, fairly, and reasonably in their dealings with each other. Any conduct that violates the principle of good faith may be deemed invalid or may lead to liability under the contract.2. Interpretation of TermsArticle 5 of the Contract Code provides guidance on the interpretation of terms in a contract. According to this provision, the terms of a contract should be interpreted based on the common understanding of the parties and in accordance with the principle of good faith. If the terms are ambiguous or unclear, the court may interpret them based on the intent of the parties.3. Performance of ObligationsArticle 6 of the Contract Code outlines the obligations of the parties in the performance of the contract. According to this provision, the parties are required to fulfill their obligations in a timely manner and in accordance with the terms of the contract. If one party fails to perform its obligations, the other party may request performance, demand compensation for damages, or terminate the contract.4. Modification and Rescission of ContractsArticle 7 of the Contract Code addresses the modification and rescission of contracts. According to this provision, a contract may be modified or rescinded by mutual agreement of the parties, by unilateral notice in accordance with the terms ofthe contract, or by a court order. Any modification or rescission of a contract should be in writing and signed by both parties.5. Invalidity of ContractsArticle 8 of the Contract Code specifies the circumstances under which a contract may be deemed invalid. These include situations where the contract is concluded through fraud, coercion, or other improper means, where the contract violates mandatory provisions of the law, or where the contract is impossible to perform. An invalid contract is considered null and void from the beginning.In conclusion, the general provisions of the Contract Code in the Civil Code provide a framework for the formation and performance of contracts in China. By adhering to the principles of good faith, interpreting terms in accordance with the intent of the parties, and fulfilling obligations in a timely manner, parties can ensure the validity and enforceability of their contracts. It is essential for businesses and individuals to familiarize themselves with the provisions of the Contract Code to avoid potential legal disputes and liabilities.篇2The General Principles of the Civil Code of the PRC (hereinafter referred to as the "Civil Code") is the fundamental legal document regulating civil activities in China. As the first part of the Civil Code, the Contract Law governs the formation, validity, performance, modification, and termination of contracts. The Contract Law was amended and enacted into law on May 28, 2020, replacing the previous Contract Law that was in effect since 1999.The General Principles of the Civil Code provides a comprehensive and systematic framework for understanding and implementing the Contract Law. It sets out the basic principles and rules applicable to all types of contracts, including formation, validity, performance, modification, and termination. In addition, it covers other issues such as interpretation of contracts, rights and obligations of parties, and remedies for breach of contract.One of the key provisions of the Contract Law is that contracts must be entered into voluntarily and on the basis of equality and fairness. This means that parties to a contract must have the capacity to contract, must consent to the terms of the contract freely, and must not be subject to coercion, fraud, orother misconduct. Furthermore, contracts must comply with the principles of good faith, reasonableness, and fairness.The Contract Law also provides rules governing the validity and enforceability of contracts. For example, a contract may be declared void if it is contrary to law, public order, or morality. In addition, a contract may be rescinded or modified under certain circumstances, such as mistake, fraud, duress, or change in circumstances.In conclusion, the General Principles of the Civil Code and the Contract Law provide a solid legal foundation for regulating civil contracts in China. By adhering to these principles and rules, parties to a contract can ensure that their rights and interests are protected and that their contractual obligations are fulfilled. It is essential for businesses and individuals engaging in contractual activities in China to familiarize themselves with the Contract Law and comply with its provisions to avoid potential legal disputes and liabilities.篇3The General Principles of the Civil Code of the People's Republic of China were adopted in 2020, replacing the General Principles of Civil Law that were in place since 1987. The GeneralPrinciples lay out the fundamental principles and provisions that govern contracts in China. In this document, we will discuss and provide explanations for several key provisions under the Contract section of the Civil Code.一、Contract FormationAccording to Article 523 of the Civil Code, a contract is formed when the parties reach a consensus on the essential terms of the contract. This means that there must be an offer, acceptance, and mutual agreement on the essential terms for a contract to be valid. The concept of consensus is crucial in Chinese contract law as it emphasizes the importance of mutual understanding and agreement between the parties.二、Principle of Good FaithArticle 524 of the Civil Code states that parties to a contract must act in good faith when entering into and performing the contract. The principle of good faith is a fundamental concept in Chinese contract law and requires parties to deal with each other honestly, fairly, and reasonably. This principle aims to promote trust and cooperation between the parties and ensure that contracts are entered into and performed in a manner that is ethical and socially responsible.三、Contract InterpretationArticle 525 of the Civil Code provides guidelines for interpreting contracts. If the language used in the contract is unclear or ambiguous, the court will interpret the contract based on the parties' true intentions. This means that the court will look at the surrounding circumstances, the parties' conduct, and other relevant factors to determine the meaning of the contract terms. This provision aims to ensure that contracts are interpreted in a manner that reflects the parties' intentions and promotes fairness and justice.四、Performance of ContractsArticle 526 of the Civil Code outlines the obligations and responsibilities of the parties in performing a contract. It states that parties must perform their obligations in accordance with the contract terms and in a timely manner. If a party fails to perform its obligations, the other party may demand performance, seek remedies, or terminate the contract. This provision aims to ensure that contracts are performed efficiently and effectively and that parties are held accountable for their actions.五、Damages for Breach of ContractArticle 527 of the Civil Code provides for damages in cases of breach of contract. If a party fails to perform its obligations under the contract, the non-breaching party may claim damages to compensate for the losses suffered as a result of the breach. The amount of damages is determined based on the actual losses incurred by the non-breaching party and any benefits that the breaching party has gained from the breach. This provision aims to provide a remedy for parties who have been harmed by a breach of contract and to deter parties from breaching their contractual obligations.In conclusion, the General Principles of the Civil Code of China provide a comprehensive framework for the formation, interpretation, performance, and enforcement of contracts. These provisions aim to promote fairness, justice, and efficiency in contract law and to ensure that parties are held accountable for their actions. By following these principles and provisions, parties can enter into contracts with confidence and trust that their rights and interests will be protected under Chinese law.。
中华人民共和国合同法英文版
中华人民共和国合同法英文版IntroductionThe Contract Law of the People’s Republic of China was enacted by the National People’s Congress of the People’s Republic of China on March 15, 1999, and came into effect on October 1, 1999. The contract law regulates the conclusion, performance, and termination of contracts in China, and it provides a legal framework for contractual transactions in various fields.General ProvisionsArticle 1 - PurposeThe purpose of this law is to regulate civil activities with contractual nature, protect the legitimate rights and interests of the parties to a contract, maintain social and economic order, and promote socialist modernization.Article 2 - DefinitionA contract is an agreement between natural persons, legal persons, or other organizations that have equal legal status, which creates, alters, or extinguishes civil rights and obligations.Article 3 - PrinciplesThe parties to a contract shall follow the principles of fairness, voluntariness, equality, and good faith in concluding, performing, and terminating a contract.Article 4 - Binding ForceA contract shall have binding force on the parties to the contract, and the parties shall perform their obligations in accordance with the contract.Formation of ContractsArticle 9 - OfferAn offer is a proposal made by one party to another party to conclude a contract.Article 10 - AcceptanceAcceptance is an expression of the acceptance of the offer by the offeree.Article 11 - Revocation of OfferAn offer may be revoked if the offeror informs the offeree of the revocation before the offeree has accepted the offer.Article 12 - Lapse of OfferAn offer lapses if it is not accepted within the time limit specified in the offer or within a reasonable time.Article 13 - Modification and Termination of OfferAn offer may be modified or terminated with the consent of the offeree or in accordance with the law.Article 14 - Invalid OffersInvalid offers are offers that lack legality, reality, or voluntariness.Article 15 - Acceptance by ConductAcceptance by conduct is an expression of acceptance by the offeree through his or her conduct.Performance of ContractsArticle 26 - Performance in Accordance with ContractThe parties shall perform their obligations in accordance with the contract.Article 27 - Change of PerformanceIf the circumstances have changed greatly after the conclusion of the contract, and the parties are unable toperform the contract as agreed upon, the parties may renegotiate and modify the contract.Article 28 - Force MajeureIf the performance of a contract is impossible because of force majeure, and the parties are unable to perform the contract even if they have taken necessary measures, the parties may be exempted from liability in accordance with the law.Article 29 - Renunciation of PerformanceIf a party renounces the performance of a contract without justifiable reasons, the other party has the right to request the performance of the contract or to terminate the contract and claim damages.Termination of ContractsArticle 94 - Termination by AgreementThe parties may terminate the contract by agreement.Article 95 - Termination by One PartyIf one party has breached the contract, the other party may terminate the contract and claim damages.Article 96 - Termination Due to Force MajeureIf the performance of a contract has become impossible due to force majeure, the parties may terminate the contract.Article 97 - Termination Due to a Party’s CircumstancesIf a party’s circumstances have changed so greatly that the contract cannot be performed, the other party may terminate the contract.Article 98 - Termination Due to a Third Party’s CircumstancesIf the performance of a contract is impossible due to the circumstances of a third party, the parties may terminate the contract.ConclusionThe Contract Law of the People’s Republic of China provides a legal framework for various contractual transactions in China. The law regulates the conclusion, performance, and termination of contracts, and it protects the legitimate rights and interests of the parties to a contract. The principles of fairness, voluntariness, equality, and good faith shall be followedby the parties to a contract, and the parties shall perform their obligations in accordance with the contract.。
关于解决国家和他国国民之间投资争端公约（中英文）
关于解决国家和他国国民之间投资争端公约（中英⽂）Done at Washington on 18 March 19651965年3⽉18⽇由国际复兴开发银⾏提交各国政府，在华盛顿开放签字，1966年10⽉14⽇⽣效。
中华⼈民共和国政府代表于1990年2⽉9⽇签署本公约，于1993年1⽉7⽇交存批准书，本公约于1993年2⽉6⽇对我⽣效。
PREAMBLE序⾔The Contracting StatesConsidering the need for international cooperation for economic development, and the role of private international investment therein;Bearing in mind the possibility that from time to time disputes may arise in connection with such investment between Contracting States and nationals of other Contracting States;Recognizing that while such disputes would usually be subject to national legal processes, international methods of settlement may be appropriate in certain cases;Attaching particular importance to the availability of facilities for international conciliation or arbitration to which Contracting States and nationals of other Contracting States may submit such disputes if they so desire;Desiring to establish such facilities under the auspices of the International Bank for Reconstruction and Development; Recognizing that mutual consent by the parties to submit such disputes to conciliation or to arbitration through such facilities constitutes a binding agreement which requires in particular that due consideration be given to any recommendation of conciliators, and that any arbitral award be complied with; and Declaring that no Contracting State shall by the mere fact of its ratification, acceptance or approval of this Convention and without its consent be deemed to be under any obligation to submit any particular dispute to conciliation or arbitration,Have agreed as follows: 考虑到为经济发展进⾏国际合作的需要和私⼈国际投资在这⽅⾯的作⽤； 注意到各缔约国和其他缔约国的国民之间可能不时发⽣与这种投资有关的争端； 认识到虽然此种争端通常将遵守国内法律程序，但在某些情况下，采取国际解决⽅法可能是适当的； 特别重视提供国际调解或仲裁的便利，各缔约国和其他缔约国国民如果有此要求可以将此种争端交付国际调解或仲裁； 愿在国际复兴开发银⾏的主持下建⽴此种便利； 认识到双⽅同意借助此种便利将此种争端交付调解或仲裁，构成了⼀种有约束⼒的协议，该协议特别要求对调解员的任何建议给予适当考虑，对任何仲裁裁决予以遵守； 宣告不能仅仅由于缔约国批准、接受或核准本公约这⼀事实⽽不经其同意就认为该缔约国具有将任何特定的争端交付调解或仲裁的义务，达成协议如下：CHAPTER I International Centre for Settlement of Investment Disputes第⼀章解决投资争端国际中⼼Section 1 Establishment and Organization第⼀节建⽴和组织Article 1 第⼀条(1) There is hereby established the International Centre for Settlement of Investment Disputes (hereinafter called the Centre).(2) The purpose of the Centre shall be to provide facilities for conciliation and arbitration of investment disputes between Contracting States and nationals of other Contracting States in accordance with the provisions of this Convention. ⼀、兹建⽴解决投资争端国际中⼼（以下简称“中⼼”）。
商务英语写作-合同与协议的区别
★以下是英⽂写作翻译频道为⼤家整理的《商务英语写作-合同与协议的区别》，供⼤家参考。
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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 agreement establishing， modifying and terminating the civil rights and obligations between subjects of equal footing， that is， between natural persons， legal persons or other organizations“。
根据这⼀定义，合同平等主体之间设⽴的确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 performance of the which the law in some way recognize as a duty.”根据这⼀定义，合同是⼀种，违反可以得到法律救助，某种意义上法律将履⾏该看做是⼀种补偿。
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，有⼀个相同点，就是“Contract is an agreement”，即可将合同说成是“An agreement which binds the parties concerned”或者说合同说成是“An agreement which is enforceable by law”，也可以说：Contracts are promises that the law will enforce. 何谓“Agreement”？ L.B “A consensus of mind， or evidence of such consensus， in spoke or written form， relating to anything done or to be done.” 根据这⼀定义，协议是对已经做或准备做的相关事宜，经过谈判、协商后取得⼀致意见，以⼝头或书⾯形式做出的约定。
人大版涉外律师法律英语参考答案
The following verbs can be used in place of sustain: 1. support 2. suffered, incurred(rare) (Suffered also collocates with emotional distress, loss, and harm as well as damages.) 3. upheld (referring to a decision by a lower court)
5. 首席大法官每年向国会递交一份关于联邦法庭体系状况的报告。
Chapter 8 Jury Trial
I. Choose the best answer to the following questions. 1-5:ABDCA; 6-10:DCACD II. Incur, Suffer, support, sustain, uphold
Good is used in Excerpts 3 and 5 to offer an opinion on the quality of a law. In this case, bad is its opposite or antonym, as in Excerpts 2, 5, and 6. Notice that in Excerpt 5, the dissent uses the opposites good and bad together to refer to the quality of the law,
Statute_of_frauds（美国反欺诈法）
Statute of frauds From Wikipedia, the free encyclopediaThe statute of frauds refers to the requirement that certain kinds of contracts be memorialized in a signed writing.Traditionally, the statute of frauds requires a signed writing in the following circumstances:∙Contracts in consideration of marriage.∙Contracts which cannot be performed within one year.∙Contracts for the transfer of an interest in land.∙Contracts by the executor of a will to pay a debt of the estate with his own money.∙Contracts for the sale of goods involving a purchase price of $500 or more.现在多要求1000元∙Contracts in which one party becomes a surety (acts as guarantor) for another party's debt or other obligation.This can be remembered by the mnemonic "MY LEGS": M arriage, one y ear, l and, e xecutor, g oods, s urety; or M arriage, one y ear, l and, e xecutor, g uarantor, s ale.Contents[hide]∙ 1 Terminology∙ 2 Raising the defense∙ 3 Uniform Commercial Code∙ 4 England and Wales∙ 5 Exceptions∙ 6 See also∙7 References∙8 External links[edit] TerminologyThe term statute of frauds comes from an English Act of Parliament (29 Chas. 2 c. 3) passed in 1677(authored by Sir Leoline Jenkins and passed by the Cavalier Parliament), and more properly called An Act for Prevention of Frauds and Perjuries（《防止欺诈和伪证法》）.[1]Many common law jurisdictions have made similar statutory provisions, while a number of civil law jurisdictions have equivalent legislation incorporated into their civil codes. The original English statute itself may still be in effect in a number of US states or Canadian provinces, depending on the constitutional or reception statute of English law, and any subsequent legislative developments.[edit] Raising the defenseA defendant in a "MYLEGS" case who wishes to use the Statute as a defense must raise the Statute in a timely manner. The burden of proving that a written contract exists only comes into play when a Statute of Frauds defense is raised by the defendant. A defendant who admits the existence of the contract in his pleadings, under oath in a deposition or affidavit, or at trial, may not use the defense.A statute of frauds defense may also be effected by a showing of part performance, upon showing of one of two different conditions. If the parties have taken action in reliance on the agreement, as in the case Riley v. Capital Airlines, Inc.the court held that part performance does not take an executory portion of contract out of the Statute of Frauds. Each performance constitutes a contract that falls outside the Statute of Frauds and was enforceable to the extent it is executed. But the unexecuted portion of the contract falls within the Statute of Frauds and is unenforceable. As a result, only the executed portion of the contract can be recovered, and the doctrine of part performance does not remove the contract from the statute. On the other hand, the court in Schwedes v. Romain held that partial performance and grounds for estoppel can make the contract effective.In an action for specific performance, an agreement to convey land must satisfy the Statute of Frauds. The Statute is satisfied if the contract to convey is evidenced by a writing or writings containing the essential terms of a purchase and sale agreement and signed by the party against whom the contract is to be enforced. If there is no written agreement, a court of equity can specifically enforce an oral agreement to convey only if the part performance doctrine is satisfied. In a majority ofjurisdictions, part performance is proven when the purchaser pays the purchase price, has possession of the land, and makes improvements on the land, all with the permission of the seller. No jurisdiction is satisfied by payment of the purchase price alone.Under common law, the Statute of Frauds also applies to contract modification - for example, suppose party A makes an oral agreement to lease a car from party B for 9 months. Immediately after taking possession party A decides that he really likes the car, and makes an oral offer to party B to extend the term of the lease by 6 months. Although neither agreement alone comes under the Statute of Frauds, the extension modifies the original contract to make it a 15-month lease, thereby bringing it under the Statute. In practice, this works in reverse as well - an agreement to reduce the lease from 15 months to 9 months would not require a writing. However, almost all jurisdictions have enacted statutes that require a writing in such situations. The Uniform Commercial Code abrogated this requirement for contract modification, discussed below.[edit] Uniform Commercial CodeIn the United States, contracts for the sale of goods where the price equals $500 or more (with the exception of professional merchants performing their normal business transactions, or any custom-made items designed for one specific buyer) fall under the statute of frauds under the Uniform Commercial Code (article 2, section 201).[2] The most recent revision of UCC § 2-201 increases the triggering point for the UCC Statute of Frauds to $5000, but as of 2006 no U.S. state has adopted revised Section 201.The application of the statute of frauds to dealings between merchants has been modified by provisions of the Uniform Commercial Code, which is a statute that has been enacted at least in part by every state (Louisiana has enacted all of the UCC except for Article 2, as it prefers to maintain its civil law tradition governing the sale of goods). Uniform Commercial Code § 1-206[3] sets out a "catch-all" statute of frauds for personal property not covered by any other specific law, stating that a contract for the sale of such property where the purchase price exceeds $500 is not enforceable unless memorialized by a signed writing. This section, however, is rarely invoked in litigation.Interestingly, with respect to securities transactions, the Uniform Commercial Code (section 8-113) has abrogated the statute of frauds. The drafters of the most recent revision commented that "with the increasinguse of electronic means of communication, the statute of frauds is unsuited to the realities of the securities business."[edit] England and WalesThe Statute of Frauds 1677 was largely repealed in England and Wales in 1954, with the exception of the requirement as it relates to surety for another's debt.[edit] ExceptionsAn agreement may be enforced even if it does not comply with the statute of frauds in the following situations:∙Merchant Confirmation Rule, under the UCC. If one merchant sendsa writing sufficient to satisfy the statute of frauds to anothermerchant and the receiving merchant has reason to know of thecontents of the sent confirmation and does not object to theconfirmation within 10 days, the confirmation is good to satisfy the statute as to both parties.∙Admission of the existence of a contract by the defendant under oath,∙Part Performance of the contract. The agreement is enforceable up to the amount already paid, delivered, etc.∙The goods were specially manufactured for the buyer and the seller either 1) began manufacturing them, or 2) entered into a third party contract for their manufacture, and the manufacturer cannot without undue burden sell the goods to another person in the seller'sordinary course of business-- for example, t-shirts with a baseball team logo or wall-to-wall carpeting for an odd-sized room.∙Promissory Estoppel can be applied when the charging party detrimentally relies on the otherwise unenforceable contract. Detrimentally 有害的不利的。
新加坡合同法(中文版)
新加坡合同法第一节导论第二节要约和承诺第三节对价第四节设立法律关系的意旨第五节合同条款第六节缔约能力第七节合同的相对性第八节合同之解除第九节误解第十节虚假陈述第十一节胁迫，不当影响及显失公平第十二节非法性与公共政策第十三节约的司法救济第一节导论8.1.1 新加坡的合同法基本上是以英国关于合同的普通法为范式而构建的。
与它的邻居马来西亚和文莱不同的是，新加坡在1965年独立之后并没有试图将合同法法典化，因此新加坡的合同法仍保持法官制定规则的模式。
在某些情况下，法官制定的规则会被特定的成文法所修改。
8.1.2 许多此类立法起源于英国。
首先来说，有13个英国商事法律根据《英国法律适用法》（Application of English Law Act) 第四节（Cap 7A, 1993年修订）的规定直接成为新加坡共和国的立法。
这些立法罗列在该法的第二部分的第一附表里。
其他立法，如《合同第三方权利法》（Contracts( Rights of Third Parties) Act）(Cap 53B, 2002 修订)，系模仿英国立法制定的。
在某些领域也有立法采用非英国模式的情形，比如《消费者保护（公平交易）法》(Consumer Protection (Fair Trading) Act)（Cap 52A, 2004年修订）。
该法大致上参照[加拿大]阿尔伯塔与萨卡其万两省的公平交易法制定。
8.1.3 即使是新加坡的法庭本身所发展出的规则也同英国普通法的同类规则有非常大的相似性。
如果关于某个问题新加坡本身没有权威规则时，人们就会理所当然地首先假定新加坡的立场同英国法的立场没有什么区别.第二节要约和承诺协议8.2.1 合同在本质上是双方或者多方之间的协议，该协议条款涉及到当事人各自的权利义务并且具有法律约束力。
至于当事人之间是否达成协议，或合意（consensus ad idem）, 应通过对事实的客观分析而确定。
(完整)FIDIC国际合同条款中英文对照.doc
CONTENTS目录1General Provisions一般规定 (5)1.1Definitions定义 (5)1.2Interpretation解释 (10)1.3Communications通信交流 (11)1.4Law and Language法律和语言 (12)1.5Priority of Document文件优先次序 (12)1.6Contract Agreement合同协议书 (12)1.7Assignment权益转让 (13)1.8Care and Supply of Document文件的照管和提供 (13)1.9Confidentiality保密性 (14)1.10Employer’s Use of Contractor’s Documents雇主使用承包商文件 (14)1.11Contractor’s Use of Employer’s Documents承包商使用雇主文件 (15)1.12Confidential Details保密事项 (15)1.13Compliance with Laws遵守法律 (15)1.14Joint and Several Liability共同的和各自的责任 (16)2The Employer雇主 (16)2.1Right of Access to the Site现场进入权 (16)2.2Permits, Licences or Approves许可、执照或批准 (17)2.3Employer’s personnel雇主人员 (18)2.4Employer’s Fi nancial Arrangements雇主的资金安排 (18)2.5Employer’s Claims雇主的索赔 (18)3The Employe r’s Administration雇主的管理 (19)3.1The Employer’s Representative雇主代表 (19)3.2The Employer’s personnel其他雇主人员 (20)3.3Delegated Persons受托人员 (20)3.4Instructions指示 (21)3.5Determinations确定 (21)4The Contractor承包商 (21)4.1The Contractor’s General Obligations承包商的一般义务 (22)4.2Performance security履约担保 (22)4.3Contractor’s Representative承包商代表 (23)4.4Subcontractors分包商 (24)4.5Nominated Subcontractors指定的分包商 (25)4.6Co-operation合作 (25)4.7Setting out放线 (26)4.8Safety procedures安全程序 (26)4.9Quality Assurance质量保证 (27)4.10Site Data现场数据 (27)4.11Sufficiency of the Contract Price合同价格 (28)4.12Unforeseeable Difficulties不可预见的困难 (28)4.13Rights of way and Facilities道路通行权于设施 (28)4.14Avoidance of Interference避免干扰 (29)4.15Access Route进场通路 (29)4.16Transport of Goods货物运输 (30)4.17Contractor’s Equipment承包商设备 (30)4.18Protection of the Environment环境保护 (30)4.19Electricity, Water and Gas电、水和燃气 (31)4.20Employer’s Equipment and Free-Issue Material雇主设备和免费供应的材料 (31)4.21Progress Reports进度报告 (32)4.22Security of the Site现场保安 (33)4.23Contractor’s Operations on Site承包商的现场作业 (34)4.24Fossils化石 (34)5Design设计 (35)5.1General Design Obligations设计义务一般要求 (35)5.2Contractor’s Documents承包商文件 (36)5.3Contractor’s Undertaking承包商的承诺 (37)5.4Technical Standards and Regulations技术标准和法规 (37)5.5Training培训 (38)5.6As-Built Documents竣工文件 (38)5.7Operation and Maintenance Manuals操作和维修手册 (39)5.8Design Error设计错误 (39)6Staff and Labour员工 (39)6.1Engagement of Staff and Labour员工的雇用 (40)6.2Rates of Wages and Conditions of Labour工资标准和劳动条件 (40)6.3Persons in the Service of Employer为雇主服务的人员 (40)6.4Labour Laws劳动法 (40)6.5Working Hours工作时间 (41)6.6Facilities for Staff and Labour为员工提供设施 (41)6.7Health and Safety健康和安全 (41)6.8Contractor’s Superintendence承包商的监督 (42)6.9Contractor’s Personnel承包商人员 (42)6.10Records of contractor’s Personnel and Equipment承包商人员和设备的记录 (43)6.11Disorderly Conduct无序行为 (43)7Plant, Materials and Workmanship生产设备、材料和工艺 (43)7.1Manner of Execution实施方法 (43)7.2Samples样品 (44)7.3Inspection检验 (44)7.4Testing试验 (45)7.5Rejection拒收 (46)7.6Remedial Work修补工作 (46)7.7Ownership of Plant and Materials生产设备和材料的所有权 (47)7.8Royalties土地(矿区)使用费 (47)8Commencement,Delays and Suspension开工、延误和暂停 (48)8.1Commencement of Works工程的开工 (48)8.2Time for Completion竣工时间 (48)8.3Programme进度计划 (49)8.4Extension of Time for Completion竣工时间延长 (50)8.5Delays Caused by Authorities当局造成的延误 (50)8.6Rate of Progress工程进度 (51)8.7Delay Damages误期损害赔偿费 (51)8.8Suspension of Work暂时停工 (52)8.9Consequences of Suspension暂停的后果 (52)8.10Payment for Plant and Materials in Event of Suspension暂停时对生产设备和材料的付款 (53)8.11Prolonged Suspension托长的暂停 (53)8.12Resumption of Work复工 (53)9Tests on Completion竣工试验 (54)9.1Contractor’s Obligations承包商的义务 (54)9.2Delayed Tests延误的试验 (55)9.3Retesting重新试验 (55)9.4Failure to Pass Tests on Completion未能通过竣工试验 (56)10Employer’s Taking Over雇主的接收 (56)10.1Taking Over of the Works and Sections工程和分项工程的接收 (56)10.2Taking Over of Parts of the Works部分工程的接收 (57)10.3Interference with Tests on Completion对竣工试验的干扰 (57)11Defects Liability缺陷责任 (58)11.1Completion of Outstanding Work and Remedying Defects完成扫尾工作和修补缺陷 (58)11.2Cost of Remedying Defects修补缺陷的费用 (59)11.3Extension of Defects Notification Period缺陷通知期的延长 (59)11.4Failure to Remedy Defects未能修补的缺陷 (60)11.5Removal of Defective Work移出有缺陷的工程 (60)11.6Further Tests进一步试验 (61)11.7Right of Access进入权 (61)11.8Contractor to Search承包商调查 (61)11.9Performance Certificate履约证书 (62)11.10Unfulfilled Obligations未履行的义务 (62)11.11Clearance of Site现场清理 (62)12Tests after Completion竣工后试验 (63)12.1Procedure for Tests after Completion竣工后试验的程序 (63)12.2Delayed Tests延误的试验 (64)12.3Retesting重新试验 (64)12.4Failure to Pass Tests after Completion未能通过的竣工后试验 (65)13Variations and Adjustments变更和调整 (66)13.1Right to Vary变更权 (66)13.2Value Engineering价值工程 (66)13.3Variation Procedure变更程序 (66)13.4Payment in Applicable Currencies以适用货币支付 (67)13.5Provisional Sums暂列金额 (67)13.6Daywork计日工作 (68)13.7Adjustments for Changes in Legislation因法律改变的调整 (69)13.8Adjustments for Changes in Cost因成本改变的调整 (70)14Contract price and Payment合同价格和支付 (70)14.1The Contract Price合同价格 (70)14.2Advance payment预付款 (70)14.3Application for Interim Payments期中付款的申请 (72)14.4Schedule of Payments付款价格表 (73)14.5Plant and Materials intended for the Works拟用于工程的生产设备和材料 (73)14.6Interim Payments期中付款 (74)14.7Timing of Payments付款的时间安排 (74)14.8Delayed Payment延误的付款 (75)14.9Payment of Retention Money保留金支付 (75)14.10Statement at Completion施工报表 (76)14.11Application for Final Payment最终付款的申请 (76)14.12Discharge结清证明 (77)14.13Final Payment最终付款 (77)14.14Cessation of Employer’s Liability雇主责任的中止 (78)14.15Currencies of Payment支付的货币 (78)15Termination by Employer由雇主终止 (79)15.1Notice to Correct通知改正 (79)15.2Termination by Employer由雇主终止 (79)15.3Valuation at Date of Termination终止日期时的估价 (81)15.4Payment after Termination终止后的付款 (81)15.5Employer’s Entitlement to Termination雇主终止的权利 (82)16Suspension and termination by Contractor承包商暂停和终止 (82)16.1Contractor’s Entitlement to Suspend Work承包商暂停工作的权利 (82)16.2Termination by Contractor由承包商终止 (83)16.3Cessation of Work and Removal of Contractor’s Equipment停止工作和承包商设备的撤离 (84)16.4Payment on Termination终止时的付款 (84)17Risk and Responsibility风险和职责 (85)17.1Indemnities保障 (85)17.2Contractor’s Care of the Works承包商对工程的照管 (86)17.3Employer’s Risks雇主的风险 (87)17.4Consequence of Employer’s Risks雇主风险的后果 (87)17.5Intellectual and Industrial Property Rights知识产权和工业产权 (88)17.6Limitation of Liability责任限度 (89)18Insurance保险 (89)18.1General Requirements for Insurances有关保险的一般要求 (89)18.2Insurance for Works and Contractor’s Equipment工程和承包商设备的保险 (91)18.3Insurance against Injury to Persons and Damage to Property人身伤害和财产损害险 (93)18.4Insurance for Contractor’s Personnel承包商人员的保险 (94)19Force Majeure不可抗力 (94)19.1Definition of Force Majeure不可抗力的定义 (95)19.2Notice of Force Majeure不可抗力的通知 (96)19.3Duty to Minimise Delay将延误减至最小的义务 (96)19.4Consequences of Force Majeure不可抗力的后果 (96)19.5Force Majeure Affecting Subcontractor不可抗力影响分包商 (97)19.6Optional Termination, Payment and Release自主选择终止、支付和解除 (97)19.7Release from Performance under the Law根据法律解除履约 (98)20Claims, Disputes and Arbitration索赔、争端和仲裁 (98)20.1Contractor’s Claims承包商的索赔 (99)20.2Appointment of the Dispute Adjudication Board争端裁决委员会的任命 (100)20.3Failure to Agreement Dispute Adjudication Board对争端裁决委员会未能取得一致时 (102)20.4Obtaining Dispute Adjudicat ion Board’s Decision取得争端裁决委员会的决定 (102)20.5Amicable Settlement友好解决 (103)20.6Arbitration仲裁 (104)20.7Failure to Comply with Dispute Adjudication Board’s Decision未能遵守争端裁决委员会的决定 (105)20.8Expiry of Dispute Adjudication Board’s Appointment争端裁决委员会任命期满 (105)1General Provisions一般规定1.1Definitions定义In the Conditions of Contract (“these Conditions”), which include Particular Conditions and these General Conditions, the following words and expressions shall have the meaning stated. Words indicating persons orparties include corporation and other legal entities, except where the context requires otherwise.在合同条件（“本条件”），包括专用条件和通用条件中，下列词语和措辞应具有以下所述的含义.除上下文另有要求外，文中人员或当事各方等词语包括公司和其他合法实体.The Contract合同“Contract” means the Contract Agreement, these Conditions, the Employer’s Requirement, the Tender, and further document (if any) which are listed in the Contract Agreement.“合同”系指合同协议书、本条件、雇主要求、投标书和合同协议书列出的其他文件（如果有）.“Contract Agreement” means the contract agree ment referred to in Sub-Clause 1.6 [Contract Agreement], including any annexed memoranda.“合同协议书”系指第1.6款[合同协议书]中所述的合同协议书及所附各项备忘录.“Employer’s requirements” means the document entitled employer’s requirements, as included in the Contract, and any additions and modifications to such document in accordance with the Contract. Suchdocument specifies the purpose, scope, and/or design and/or other technical criteria, for the Works.“雇主要求”系指合同中包括的，题为雇主要求的文件，其中列明工程的目标、范围、和（或）设计和（或）其他技术标准，以及按合同对此项文件所作的任何补充和修改.“Tender” means the Contractor’s signed offer for the Works and all other documents which the Contractor submitted therewith (other than these Conditions and Employer’s Requirements, if so submitted),as included in the Contract.“投标书”系指包含在合同中的由承包商提交的为完成工程签署的报价，以及随同提交的所有其他文件（本条件和雇主要求除外，如同时提交）.“Performance Guarantees” and “Schedule of payments” mean the documents so named (if any), as included in the Contract.“履约保证”和“付款计划表”系指合同中包括的具有上述名称的文件（如果有）.Parties and Persons各方和人员“Party” means the Employ er or the Contractor, as the context requires.“当事方（或一方）”根据上下文需要，或指雇主，或指承包商。
英文劳动合同范本8篇
英文劳动合同范本8篇篇1EMPLOYMENT CONTRACTThis Employment Contract is made and executed on [Insert Date] by and between [Employee Name] (hereinafter referred to as the "Employee") and [Company Name] (hereinafter referred to as the "Company").1. EmploymentThe Company employs the Employee and the Employee accepts employment with the Company under the terms and conditions stated in this Contract. The Employee shall serve at the position of [Insert Position Title] at the Company's location as specified.2. Term of EmploymentThis Contract shall commence on [Insert Start Date] and shall continue until terminated by either party giving written notice tothe other, subject to any notice period specified in this Contract or applicable laws.3. Job Description and ResponsibilitiesThe Employee's job title is [Insert Position Title]. The Employee's duties and responsibilities shall include but are not limited to [Insert specific job duties and responsibilities].4. Hours of Work and Rest PeriodsThe Employee shall work the normal working hours and rest periods specified by the Company. Any variations from these hours shall be agreed upon by the Company and the Employee in advance.5. Salary and RemunerationThe Employee shall receive a salary of [Insert Salary Amount] payable in accordance with the Company's pay policies. The Company shall also pay any other remuneration, including but not limited to bonuses, allowances, benefits, etc., as stipulated in this Contract or applicable policies.6. ConfidentialityThe Employee agrees to maintain confidentiality of all confidential information acquired during his/her employmentwith the Company, except as authorized or required by law or Company policy.7. Intellectual PropertyAll intellectual property rights arising out of the Employee's work during the term of this Contract shall be owned by the Company. The Employee shall not disclose or use any such intellectual property without the prior written consent of the Company.8. Termination of EmploymentThis Contract may be terminated by either party in accordance with the provisions stated in this Contract or applicable laws. Termination of employment shall not relieve either party from any outstanding obligations arising prior to such termination.9. Non-Competition and Non-SolicitationDuring the term of this Contract and for a period after its termination, the Employee agrees not to engage in any activities that are competitive with the Company or solicit customers or employees of the Company without the prior written consent of the Company.10. Lawful ConductThe Employee agrees to abide by all applicable laws and regulations while employed by the Company and not engage in any conduct that is harmful to the reputation or interests of the Company.11. IndemnificationThe Employee shall indemnify and hold harmless the Company from any claims, losses, damages, liabilities, judgments, fines, costs, expenses, and other obligations arising out of or in connection with the Employee's actions or omissions while employed by the Company unless such actions or omissions are taken in good faith based on accepted duties authorized by the Company.12. Dispute ResolutionAny disputes arising out of or in connection with this Contract shall be resolved through negotiation between the parties in good faith. If such disputes cannot be resolved through negotiation, they shall be subject to arbitration as specified in this Contract or applicable laws.13. MiscellaneousThis Contract contains the entire agreement between the parties regarding employment terms and conditions. Anychanges to this Contract must be agreed upon by both parties in writing. This Contract is governed by the laws of [Insert Applicable Jurisdiction]. Any language used in this Contract shall be interpreted in accordance with its plain meaning and legal principles of interpretation applicable to contracts under such laws.[Employee Signature] | Date: _____________ | Position: _______________ | Employee Name: _______________ | Employee Contact Information: _______________ | Employee ID No./Passport No.: _______________ | Company Address:_______________ | Company Contact Information: _______________ | Company Seal (if applicable): _______________篇2Contract of EmploymentThis Contract is made and shall be binding on_____________(hereinafter called the Employee) and_____________(hereinafter called the Company) in respect of the employment of the Employee by the Company as per the terms and conditions set out below:1. EmploymentThe Company agrees to engage the Employee on a full-time basis for the performance of duties at the position of ____________ (job title).2. Term of EmploymentThis Contract shall be effective from ________ (starting date) until ________ (ending date) unless terminated earlier in accordance with the provisions of this Contract.3. Remuneration and Other BenefitsThe Employee's remuneration shall be as per the Company's policy and in accordance with the applicable laws. The Employee shall be entitled to other benefits as determined by the Company.4. Working Hours and Rest PeriodsThe Employee shall work for an average of ________ hours per week under normal circumstances. The Employee shall also be entitled to rest periods and breaks during working hours as prescribed by the Company and/or applicable laws.5. Leave of AbsenceThe Employee shall be entitled to leave of absence for annual holidays, sick leave, casual leave, etc., as stipulated in the Company's policies and applicable laws.6. Termination of EmploymentEither Party may terminate this Contract by giving written notice to the other Party at any time during its term, subject to the provisions of applicable laws and regulations. The notice period required shall be as stipulated in the Company's policies and applicable laws.7. Confidentiality and Non-CompetitionThe Employee shall not disclose any confidential information related to the Company to any third party without the prior consent of the Company. The Employee shall also not engage in any activities that are in competition with the Company's business during the term of employment and for a specified period after termination of employment as stipulated in the Company's policies and applicable laws.8. Indemnity by the EmployeeThe Employee shall indemnify and keep indemnified the Company against any loss or damage arising from any claims made by any third party due to any act or omission by theEmployee during the term of employment that causes such loss or damage to the Company.9. Intellectual Property RightsAll intellectual property rights arising out of the Employee's work during the term of employment shall be owned by the Company. The Employee shall assign all such rights to the Company upon creation.10. MiscellaneousThis Contract shall be governed by and construed in accordance with the laws of ________ (country/region). Any disputes arising out of or in connection with this Contract shall be settled through negotiation or legal proceedings in accordance with applicable laws and regulations.In witness whereof, the Parties have signed this Contract at ________ (place) on ________ (date).Signature of the Employee: _________________________Date: _________Signature of the Company: _________________________Date: _________This English version of Contract of Employment is intended for reference purposes only. Please make sure to consult legal counsel for advice on local laws and regulations that may apply to your specific situation. Please note that you should customize this template according to your specific requirements and circumstances before use.篇3Contract of EmploymentThis Contract is made and shall be binding upon the parties named below, namely:(hereinafter referred to as the "Employee") and(hereinafter referred to as the "Employer"),WHEREAS the Employee has agreed to engage in the services of the Employer as per the terms and conditions stated below:1. Employment Term and PositionThe Employee shall serve at the position of _______ at the Company for a period of _______ years from _______ to _______.2. Job Description and ResponsibilitiesThe Employee's duties shall include but not be limited to_______ (describe job duties and responsibilities). The Employee shall perform these duties diligently and to the satisfaction of the Employer.3. Salary and BenefitsThe Employee shall be paid a basic salary of _______ per month/year, subject to any applicable deductions for taxes, insurance policies, etc. Additionally, the Employee shall be entitled to _______. The details of other benefits and allowances shall be as per the Company's policies.4. Working Hours and Leave PolicyThe Employee shall work for a maximum of _______ hours per week/month/year. The Employee shall also be entitled to annual leave, sick leave, public holidays, etc., as per the Company's policies. The Employee is also entitled to rest days after every_______ consecutive days of work.5. Termination of EmploymentThis employment may be terminated by either party giving a notice of _______ weeks/months before the intended date of termination or by mutual agreement in writing between the parties. In case of gross misconduct by the Employee, theEmployer may terminate the employment without assigning any notice or compensation. The terms and conditions of compensation on termination shall be as per the Company's policies and/or laws applicable in this jurisdiction.6. Confidentiality and Non-Competition ClauseThe Employee agrees not to disclose any confidential information related to the business of the Company during or after his employment. The Employee also agrees not to engage in any business that is competitive with the Company during and for a period of _______ years after his employment.7. Settlement of DisputesAny dispute arising between the parties in connection with this Contract shall be settled by negotiation in the first instance. If such disputes cannot be settled by negotiation, they shall be referred to arbitration by either party within _______ days of the dispute arising. The arbitration award shall be final and binding on both parties. The arbitration proceedings shall be conducted in accordance with the laws of _______ (specify jurisdiction).8. Miscellaneous ClausesIn Witness Whereof, the parties have signed this Contract in presence of each other on the dates indicated below:Date: ________________ (Date on which Contract is signed) Employee's Signature: ____________________________ Date:________________ Employer's Signature:____________________________Note: This is a general template for an employment contract and may need to be customized to suit specific needs and requirements in accordance with local laws and regulations. It is advisable to consult with legal counsel prior to using any legal document.篇4EMPLOYMENT CONTRACTThis Employment Contract is made and effective as of________ (Date) between _________ (the "Company") and _________ (the "Employee"), outlining the terms and conditions of the employment relationship between the two parties.1. Employment and PositionThe Company employs the Employee, and the Employee accepts employment with the Company, in the position of_________ (Job Title).2. Term of EmploymentThis Contract is for a term of ________ (e.g., one year) commencing on ________ (Date) and ending on ________ (Date). Upon completion of this term, the Contract may be renewed upon mutual agreement.3. Working HoursThe Employee shall work the hours designated by the Company's policies and procedures, including any required overtime.4. Salary and BenefitsThe Employee shall receive a regular salary as specified in the Company's payroll system. Additionally, the Employee shall be entitled to benefits as outlined in Company policies, including but not limited to health insurance, vacation pay, and pension plan.5. ConfidentialityThe Employee agrees to maintain confidentiality regarding all confidential information received during employment, except when required by law or ethical obligations.6. Intellectual PropertyAll work-related inventions, ideas, designs, and other intellectual property developed by the Employee during employment shall be owned by the Company.7. Termination of EmploymentEither party may terminate this Contract for any valid reason, with or without cause, upon compliance with applicable laws and regulations. The terms of separation and any compensation related to termination shall be governed by Company policies and procedures.8. Resignation and Notice PeriodEither party intending to terminate this Contract must provide a notice period of ________ (e.g., 30 days) to the other party unless otherwise agreed upon or required by applicable laws.9. Force MajeureIn case of force majeure events, such as natural disasters, wars, riots, etc., both parties shall be relieved of their obligations under this Contract to the extent of such events' impact.10. Law and JurisdictionThis Contract shall be governed by the laws of ________ (Country/State) and any dispute arising from or in connection with this Contract shall be subject to the jurisdiction of the courts in ________ (Court's location).11. Miscellaneousa) The Company may modify this Contract at any time with reasonable cause and in accordance with applicable laws and regulations.b) This Contract constitutes the entire agreement between the parties and no modification shall be made except in writing signed by both parties.c) Any provisions in this Contract that are inconsistent with applicable laws or regulations shall be deemed null and void.d) This Contract is binding on both parties and their respective assigns and legal representatives.e) The failure of any party to exercise or enforce any right or remedy under this Contract shall not be deemed a waiver of such right or remedy.f) This Contract shall be executed in ________ (number) copies, with each party retaining an equal number for their records.g) Any questions or disputes regarding this Contract shall be resolved through friendly negotiation between the parties. h) This Contract is made in both English and ________ (Local Language), with equal validity in both languages. i) Both parties have read and fully understand this Contract before signing it. j) This Contract is effective as of the date of signing by both parties.篇5EMPLOYMENT CONTRACTThis Employment Contract is made and effective as of________ (Date) between the following two parties:雇主(EMPLOYER):[公司名称]雇员(EMPLOYEE):[雇员姓名]1. Contract Term and Employment Type合同期限与雇佣类型：The employment term of the Employee shall be for a period of [合同期限], from the above-mentioned date of commencement. The type of employment shall be [全职/兼职] job/contract basis.雇员的雇佣期限自上述起始日期起为期[合同期限]。
第四讲 不完备合同理论(高级公司金融-中国人民大学 周业安)
注：关于这方面的详细综述参见杨瑞龙和聂辉华（2006），“不完全契约理论：一个综述”，《经济研 究》，第2期。Grossman, Sanford, and Oliver Hart, 1986, “The Costs and Benefits of Owners Theory of Vertical and Lateral Integration ”, Journal of Political Economy, 94:691-719. Hart, Oliver and John Moore, 1990, “Property Rights and Nature of the Firm”, Journal of Economy, 98(6): 1119-1158. Aghion, P. and P. Bolton, 1992, “An incomplete contracts appr Financial contracting”, Review of Economic Studies59:473-94.Williamson, O.E., 1988, “Cor Finance and corporate governance”, Journal of Finance43:567-91.
另一个思路是关于资本结构的。由阿洪和博尔顿（1992）最先提出，哈特 等人后续发展。其思路是，在忽略专用性的情况下，假定企业家（受财富 约束）和资本家进行项目投资磋商。企业家在未来有某些行动会产生额外 的利益，这个利益及其行动可观察而不可证实。导致合同不完全。事后的 再谈判发生在这些利益争夺上。从而降低事前的效率。此时，事前剩余权 利归谁所有（即是企业家控制还是资本家控制还是分担责任）就非常重要 。一般认为，债权具有控制权的相机转让功能，所以具有某些优势。
中国合同法中英文对照
第十三章租赁合同第十四章融资租赁合同第十五章承揽合同第十六章建设工程合同第十七章运输合同第十八章技术合同第十九章保管合同第二十章仓储合同第二十一章委托合同第二十二章行纪合同第二十三章居间合同附则General Provisions 总则Chapter 1 General Provisions 第一章一般规定Article 1 This Law is enacted in order to protect the lawful rights and interests of the contracting parties, to maintain social and economic order, and to promote the process of socialist modernization.第一条【立法目的】为了保护合同当事人的合法权益，维护社会经济秩序，促进社会主义现代化建设，制定本法。
Article 2 A contract in this Law refers to an agreement among natural persons, legal persons or other organizations as equal parties for the establishment, modification of a relationship involving the civil rights and obligations of such entities.Agreements concerning personal relationships such as marriage,adoption, guardianship, etc.shall be governed by the provisions in other laws.第二条【合同定义】本法所称合同是平等主体的自然人、法人、其他组织之间设立、变更、终止民事权利义务关系的协议。
英国1999年合同第三人权利法英文
英国1999年合同第三人权利法英文The Contracts (Rights of Third Parties) Act 1999 in the United Kingdom is a significant piece of legislation that has had a major impact on contract law in the country. This Act, which came into force on 11 November 1999, allows third parties to enforce contractual rights that have been made for their benefit, even if they are not a party to the original contract.Prior to the enactment of this Act, the common law doctrine of privity of contract prevented third parties from enforcing contractual rights. This meant that if a contract was made between two parties for the benefit of a third party, that third party had no legal standing to enforce the contract. The Contracts (Rights of Third Parties) Act 1999 sought to remedy this situation by allowing third parties to enforce their rights under certain circumstances.Under the Act, a third party can enforce a contractual term if the contract expressly provides that they can do so, or if the term confers a benefit on the third party. The Act also allows for the variation and rescission of the contract by the parties, even if the third party's rights have already been vested. However, the Act does not allow a third party to enforce a term if it would be inconsistent with the contract or if the contract expressly states that the third party cannot enforce the term.One of the key advantages of the Contracts (Rights of Third Parties) Act 1999 is that it provides greater flexibility and certainty in contractual relationships. Parties can now include provisions in their contracts that allow third parties to enforce their rights, knowing that those rights will be legally enforceable. This can be particularly useful in complex commercial transactions where multiple parties may have an interest in the contract.The Act has also been praised for its ability to protect the interests of third parties who may have been unfairly disadvantaged by the privity rule. By allowing third parties to enforce their rights, the Act ensures that they are not left without legal recourse if thecontracting parties fail to fulfill their obligations. This can help to prevent unjust outcomes and promote fairness in contractual relationships.In conclusion, the Contracts (Rights of Third Parties) Act 1999 has had a significant impact on contract law in the United Kingdom. By allowing third parties to enforce their rights under certain circumstances, the Act has increased flexibility, certainty, and fairness in contractual relationships. It is an important piece of legislation that has helped to modernize and improve contract law in the UK.。
CX500 IP电话快速启动指南说明书
Package ContentsOptional Accessories(May be included in this package)Soft key Volume Up/DownKeypad Back keyLCD DisplaySoft key Home keyMenu key Navigation keys (Up, Down, Select)Mute keySpeakerHookswitch Reversible tab (For wallmountinstallation)Speaker key (Listen only; no microphone)Left Side ViewConnect Cables and StandSystem RequirementsThe following are the minimum software and hardware requirements:• Ethernet connection• Access to AC power or Power Over Ethernet (PoE)• Network access to Microsoft® Lync™ Server 2010 or greaterSetupConnect the Ethernet cable as shown above. Connect the AC power supply as shown above, if not powered via the Ethernet cable. Follow the instructions provided on the LCD display to sign in, configure and use the phone.For more information, go to /support/cx500, or contact your system administrator.Contact Information:Please contact your Polycom Authorized Reseller for assistance.Polycom, Inc. 6001America Center Dr, San Jose, CA 95164 USAEnd User License, Warranty, and Safety Notices1725-44327-001 Rev. EThe software included in this Product (including, without limitation, firmware and all updated thereto, including any software that may be downloaded electronically via the internet or otherwise (the “Software”) is licensed, not sold. Customer shall not reverse compile, disassemble, or otherwise reverse engineer, embed with any other software product, or modify in any manner with respect thereto, the software in whole or in part.LIMITED WARRANTY. Polycom warrants to the end user (“Customer”) that this product will be free from defects in workmanship and materials, under normal use and service, for one year from the date of purchase from Polycom or its authorized reseller.Polycom’s sole obligation under this express warranty shall be, at Polycom’s option and expense, to repair the defective product or part, deliver to Customer an equivalent product or part to replace the defective item, or if neither of the two foregoing options are reasonably available, Polycom may, in its sole discretion, refund to Customer the purchase price paid for the defective product. All products that are replaced will become the property of Polycom. Replacement products or parts may be new or reconditioned. Polycom warrants any replaced or repaired product or part for ninety (90) days from shipment, or the remainder of the initial warranty period, whichever is longer.Products returned to Polycom must be sent prepaid and packaged appropriately for safe shipment, and it is recommended that they be insured or sent by a method that provides for tracking of the package. Responsibility for loss or damage does not transfer to Polycom until the returned item is received by Polycom. The repaired or replaced item will be shipped to Customer, at Polycom’s expense, not later than thirty (30) days after Polycom receives the defective product, and Polycom will retain risk of loss or damage until the item is delivered to Customer.EXCLUSIONS. Polycom will not be liable under this limited warranty if its testing and examination disclose that the alleged defect or malfunction in the product does not exist or results from:• Failure to follow Polycom’s installation, operation, or maintenance instructions.• Unauthorized product repair, modification or alteration.• Unauthorized use of common carrier communication services accessed through the product.• Abuse, misuse, negligent acts or omissions of Customer and persons under Customer’s control; or• Acts of third parties, acts of God, accident, fire, lightning, power surges or outages, or other hazards.WARRANTY EXCLUSIVE. IF A POLYCOM PRODUCT DOES NOT OPERATE AS WARRANTED ABOVE, CUSTOMER’S SOLE REMEDY FOR BREACH OF THAT WARRANTY SHALL BE REPAIR, REPLACEMENT, OR REFUND OF THE PURCHASE PRICE PAID, AT POLYCOM’S OPTION. TO THE FULL EXTENT ALLOWED BY LAW, THE FOREGOING WARRANTIES AND REMEDIES ARE EXCLUSIVE AND ARE IN LIEU OF ALL OTHER WARRANTIES, TERMS, OR CONDITIONS, EXPRESS OR IMPLIED, EITHER IN FACT OR BY OPERATION OF LAW, STATUTORY OR OTHERWISE, INCLUDING WARRANTIES, TERMS, OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, CORRESPONDENCE WITH DESCRIPTION, AND NON-INFRINGEMENT, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. POLYCOM NEITHER ASSUMES NOR AUTHORIZES ANY OTHER PERSON TO ASSUME FOR IT ANY OTHER LIABILITY IN CONNECTION WITH THE SALE, INSTALLATION, MAINTENANCE OR USE OF ITS PRODUCTS.SERVICE AGREEMENTS. Please contact your Polycom Authorized Reseller for information about service agreements applicable to your product.SOFTWARE SUPPORT. Polycom will provide support for software running on the Product if all of the following conditions are satisfied:• The product is under warranty or is covered by a Polycom service contract;• The product is operating on a Polycom-approved partner platform; and• The product software is the current major version or the next preceding major version (software revisions are labeled as “x.y.z,” with the first two digits designating major versions).Requests for software support should be made through the Polycom Reseller from whom the product was purchased.LIMITATION OF LIABILITY. TO THE FULL EXTENT ALLOWED BY LAW, POLYCOM EXCLUDES FOR ITSELF AND ITS SUPPLIERS ANY LIABILITY, WHETHER BASED IN CONTRACT OR TORT (INCLUDING NEGLIGENCE), FOR INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES OF ANY KIND, OR FOR LOSS OF REVENUE OR PROFITS, LOSS OF BUSINESS, LOSS OF INFORMATION OR DATA, OR OTHER FINANCIAL LOSS ARISING OUT OF OR IN CONNECTION WITH THE SALE, INSTALLATION, MAINTENANCE, USE, PERFORMANCE, FAILURE, OR INTERRUPTION OF ITS PRODUCTS, EVEN IF POLYCOM OR ITS AUTHORIZED RESELLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND LIMITS ITS LIABILITY TO REPAIR, REPLACEMENT, OR REFUND OF THE PURCHASE PRICE PAID, AT POLYCOM’S OPTION. THIS DISCLAIMER OF LIABILITY FOR DAMAGES WILL NOT BE AFFECTED IF ANY REMEDY PROVIDED HEREIN SHALL FAIL OF ITS ESSENTIAL PURPOSE.DISCLAIMER. Some countries, states, or provinces do not allow the exclusion or limitation of implied warranties or the limitation of incidental or consequential damages for certain products supplied to consumers, or the limitation of liability for personal injury, so the above limitations and exclusions may be limited in their application to the customer. When the implied warranties are not allowed to be excluded in their entirety, they will be limited to the duration of the applicable written warranty. This warranty gives the customer specific legal rights which may vary depending on local law.GOVERNING LAW. This Limited Warranty and Limitation of Liability shall be governed by the laws of the State of California, U.S.A., and by the laws of the United States, excluding their conflicts of laws principles. The United Nations Convention on Contracts for the International Sale of Goods is hereby excluded in its entirety from application to this Limited Warranty and Limitation of Liability. COPYRIGHT. All rights reserved under International and pan-American Copyright Conventions. No part of the contents of this manual may be copied, reproduced, or transmitted in any form or by any means, or translated into another language or format, in whole or part, without written consent of Polycom, Inc.Polycom® and the logo design are registered trademarks of Polycom, Inc. in the United States, and various countries.Do not remove (or allow any third party to remove) any product identification, copyright or other notices.The software contained within this product is protected by United States copyright laws and international treaty provisions. Polycom, Inc., retains title and ownership of all property rights with respect to the software within this product.SAFETY AND REGULATORY INFORMATION. This device complies with Part 15 of the FCC Rules. Operation is subject to the following two conditions:(1) This device may not cause harmful interference, and (2) This device must accept any interferences received, including interference that may cause undesired operation.Note: This equipment has been tested and found to comply with the limits for a Class B digital device, pursuant to part 15 of the FCC Rules. These limits are designed to provide reasonable protection against harmful interference in a residential installation. This equipment generates, uses and can radiate radio frequency energy and, if not installed and used in accordance with the instructions, may cause harmful interference to radio communications. However, there isno guarantee that interference will not occur in a particular installation. If this equipment does cause harmful interference to radio or television reception, which can be determined by turning the equipment off and on, the user is encouraged to try to correct the interference by one or more of the following measures:• Reorient or relocate the receiving antenna.• Increase the separation between the equipment and receiver.• Connect the equipment into an outlet on a circuit different from that to which the receiver is connected.• Consult the dealer or an experienced radio/TV technician for help.This Polycom CX500 has been marked with the CE mark. This mark indicates compliance with EEC directories 2006/95/EC and 2004/108/EC. A full copy of the Declaration of Conformity can be obtained from Polycom Ltd., 270 Bath Road, Slough, Berkshire, SL1 4DX, UK.In accordance with Part 15 of the FCC Rules, the user is cautioned that any changes or modifications not expressly approved by Polycom, Inc. could void the user’s authority to operate the equipment.Installation must be performed in accordance with all relevant national wiring rules. Installation doit être exécutée conformément à tous les règlements nationaux applicable au filage électrique.The outlet to which this apparatus is connected must be installed near the equipment and must always be readily accessible.La prise électrique à laquelle l’appareil est branché doit être installée près de l’équipement et doit toujours être facilement accessible.This Class [B] digital apparatus complies with Canadian ICES-003.Cet appareil numérique de la classe [B] sera conforme à la norme NMB-003 du Canada.。
第三方协议英文简称
第三方协议英文简称Third Party AgreementThis Third Party Agreement (the "Agreement"), effective as of [insert date], is made and entered into by and between [party A], with its principal place of business at [insert address], and [party B], with its principal place of business at [insert address], collectively referred to as the "Parties".WHEREAS, Party A and Party B wish to enter into a business relationship for the purpose of [insert purpose];WHEREAS, in order to facilitate such business relationship, the Parties wish to enter into this Agreement to define their respective rights, obligations and responsibilities;NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the Parties agree as follows:1. Identity of the Parties.Party A: [insert name]Address: [insert address]Party B: [insert name]Address: [insert address]2. Scope of Work.[Insert description of the work to be performed]3. Term.The term of this Agreement shall commence on [insert date] and shall expire on [insert date], unless terminated earlier pursuant to the provisions of this Agreement.4. Obligations of Party A.A. Party A shall [insert obligations of Party A].B. Party A represents and warrants that:(i) it has the necessary authority to enter into this Agreement and to perform the obligations herein;(ii) all materials furnished by Party A under this Agreement, including without limitation any software, trademarks, logos, designs, copyrights, or other intellectual property rights, do not infringe any intellectual property rights of third parties; and(iii) it shall comply with all applicable laws, rules and regulations governing its obligations under this Agreement.5. Obligations of Party B.A. Party B shall [insert obligations of Party B].B. Party B represents and warrants that:(i) it has the necessary authority to enter into this Agreement and to perform the obligations herein;(ii) all materials furnished by Party B under this Agreement, including without limitation any software, trademarks, logos,designs, copyrights, or other intellectual property rights, do not infringe any intellectual property rights of third parties; and(iii) it shall comply with all applicable laws, rules and regulations governing its obligations under this Agreement.6. Confidentiality.The Parties shall maintain the confidentiality of all non-public information provided or disclosed by one Party to the other as a result of this Agreement, and shall disclose such information only to their respective employees, agents, and authorized representatives who have a need to know such information for the purpose of performing their duties under this Agreement. The Parties shall use such information solely for the purposes of this Agreement.7. Force Majeure.The Parties shall be excused from performance under this Agreement if such performance is prevented or delayed by any act of God, war, terrorism, strike, lockout, labor dispute, unforeseeable government action, or other causes beyond their control.8. Remedies.The Parties shall have the right to terminate this Agreement if the other Party breaches any material obligation hereunder. In addition to any other remedy provided in this Agreement, the Parties shall be entitled to seek injunctive and other equitablerelief to prevent or remedy any breach or threatened breach of this Agreement.9. Governing Law.This Agreement and the interpretation of its terms shall be governed by and construed in accordance with the laws of the People's Republic of China.10. Dispute Resolution.Any dispute arising out of or in connection with this Agreement shall be settled through friendly consultation. If the Parties cannot reach a mutual agreement regarding the dispute within 30 days after it is raised, either Party may submit the dispute to the relevant court with jurisdiction over the matter.11. Independent Contractor.The Parties acknowledge and agree that they are independent contractors and that neither Party shall be deemed an employee, partner or agent of the other Party.12. Entire Agreement.This Agreement constitutes the entire agreement between the Parties and supersedes all prior negotiations, agreements, and understandings between them, whether written or oral, relating to the subject matter of this Agreement.13. Amendments.Any amendment to this Agreement must be made in writing and signed by both Parties.14. Enforceability.If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.IN WITNESS WHEREOF, each Party has executed this Agreement as of the date first above written.[Insert signatures of both Parties][Party A signature][Party B signature]。
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Contracts (Rights of Third Parties) Act(CHAPTER 53B)(Original Enactment: Act 39 of 2001)REVISED EDITION 2002(31st July 2002)An Act to make provision for the enforcement of contractual terms by third parties. [1st January 2002]Short title and application1.—(1) This Act may be cited as the Contracts (Rights of Third Parties) Act.(2) Subject to subsection (3), this Act shall not apply in relation to a contract entered into before the end of the period of 6 months from 1st January 2002.(3) The restriction in subsection (2) shall not apply in relation to a contract which —(a)is entered into on or after 1st January 2002; and(b)expressly provides for the application of this Act.Right of third party to enforce contractual term2.—(1) Subject to the provisions of this Act, a person who is not a party to a contract (referred to in this Act as a third party) may, in his own right, enforce a term of the contract if —(a)the contract expressly provides that he may; or(b)subject to subsection (2), the term purports to confer a benefit on him.(2) Subsection (1)(b) shall not apply if, on a proper construction of the contract, it appears that the parties did not intend the term to be enforceable by the third party. (3) The third party shall be expressly identified in the contract by name, as a member of a class or as answering a particular description but need not be in existence when the contract is entered into.(4) This section shall not confer a right on a third party to enforce a term of a contract otherwise than subject to and in accordance with any other relevant terms of the contract.(5) For the purpose of exercising his right to enforce a term of the contract, there shall be available to the third party any remedy that would have been available to himin an action for breach of contract if he had been a party to the contract (and the rules relating to damages, injunctions, specific performance and other remedy shall apply accordingly) and such remedy shall not be refused on the ground that, as against the promisor, the third party is a volunteer.(6) Where a term of a contract excludes or limits liability in relation to any matter, references in this Act to the third party enforcing the term shall be construed as references to his availing himself of the exclusion or limitation.(7) In this Act, in relation to a term of a contract which is enforceable by a third party —“promisee” means the party to the contract by whom the term is enforceable against the promisor;“promisor” means the party to the contract against whom the term is enforceable by the third party.Variation and rescission of contract3.—(1) Subject to this section, where a third party has a right under section 2 to enforce a term of the contract, the parties to the contract may not, by agreement, rescind the contract, or vary it in such a way as to extinguish or alter the third party’s entitlement under that right, without his consent if —(a)the third party has communicated his assent to the term to the promisor;(b)the promisor is aware that the third party has relied on the term (whether or not the third party has knowledge of its precise terms); or(c)the promisor can reasonably be expected to have foreseen that the third party would rely on the term and the third party has in fact relied on it (whether or not the third party has knowledge of its precise terms).(2) The assent referred to in subsection (1)(a)—(a)may be by words or conduct; and(b)if sent to the promisor by post or other means, shall not be regarded as communicated to the promisor until it is received by him.(3) Subsection (1) is subject to any express term of the contract under which —(a)the parties to the contract may by agreement rescind or vary the contract without the consent of the third party; or(b)the consent of the third party is required in circumstances specified in the contract instead of those set out in subsection (1)(a), (b) and (c).(4) Where the consent of a third party is required under subsection (1) or (3), the court or arbitral tribunal may, on the application of the parties to the contract, dispense with his consent if it is satisfied that —(a)his consent cannot be obtained because his whereabouts cannot reasonably be ascertained; or(b)he is mentally incapable of giving his consent.(5) The court or arbitral tribunal may, on the application of the parties to a contract, dispense with any consent that may be required under subsection (1)(c) if it is satisfied that it cannot reasonably be ascertained whether or not the third party has in fact relied on the term of the contract.(6) If the court or arbitral tribunal dispenses with a third party’s consent, it may impose such conditions as it thinks fit, including a condition requiring the payment of compensation to the third party.(7) The jurisdiction conferred on the court by subsections (4), (5) and (6) shall be exercisable by both the High Court and a District Court.Defences, etc., available to promisor4.—(1) Subsections (2) to (5) shall apply where proceedings for the enforcement of a term of a contract are brought by a third party in reliance on section 2.(2) The promisor shall have available to him, by way of defence or set-off, any matter that —(a)arises from or in connection with the contract and is relevant to the term; and(b)would have been available to him by way of defence or set-off if the proceedings had been brought by the promisee.(3) The promisor shall also have available to him, by way of defence or set-off, any matter if —(a)an express term of the contract provides for it to be available to him in proceedings brought by the third party; and(b)it would have been available to him by way of defence or set-off if the proceedings had been brought by the promisee.(4) The promisor shall also have available to him —(a)by way of defence or set-off any matter; and(b)by way of counterclaim any matter not arising from the contract,that would have been available to him by way of defence or set-off or by way of counterclaim against the third party, as the case may be, if the third party had been a party to the contract.(5) Subsections (2) and (4) are subject to any express term of the contract as to the matters that are not to be available to the promisor by way of defence, set-off or counterclaim.(6) Where, in any proceedings brought against him, a third party seeks to enforce a term of a contract (including, in particular, a term purporting to exclude or limit liability) in reliance on section 2, he may not do so if he could not have done so (whether by reason of any particular circumstances relating to him or otherwise) had he been a party to the contract.Enforcement of contract by promisee5.Section 2 shall not affect any right of the promisee to enforce any term of the contract.Protection of promisor from double liability6. Where under section 2, a term of a contract is enforceable by a third party, and the promisee has recovered from the promisor a sum in respect of —(a)the third party’s loss in respect of the term; or(b)the expense to the promisee of making good to the third party the default of the promisor,then, in any proceedings brought in reliance on that section by the third party, the court or arbitral tribunal shall reduce any award to the third party to such extent as it thinks appropriate to take account of the sum recovered by the promisee. Exceptions7.—(1) Section 2 shall not confer any right on a third party in the case of a contract ona bill of exchange, promissory note or other negotiable instrument.(2) Section 2 shall not confer any right on a third party in the case of any contract binding on a company and its members under section 39 of the Companies Act (Cap.50).(2A) Section 2 shall not confer any right on a third party in the case of any registration document of a limited liability partnership registered under the Limited Liability Partnerships Act 2005 or any limited liability partnership agreement as defined in that Act.[5/2005 wef 11/04/2005](3) Section 2 shall not confer any right on a third party to enforce any term of a contract of employment against an employee.(4) Section 2 shall not confer any right on a third party in the case of —(a)a contract for the carriage of goods by sea; or(b)a contract for the carriage of goods by rail or road, or for the carriage of cargo by air, which is subject to the rules of the appropriate international transport convention, except that a third party may in reliance on that section avail himself of an exclusion or limitation of liability in such a contract.(5) In subsection (4)—“appropriate international transport convention” means—(a)in relation to a contract for the carriage of cargo by air, the Convention which has the force of law in Singapore under section 3 of the Carriage by Air Act (Cap. 32A); (b)in relation to a contract for the carriage of goods by rail, such Convention which has the force of law in Singapore under such written law as the Minister may by order prescribe; and(c)in relation to a contract for the carriage of goods by road, such Convention which has the force of law in Singapore under such written law as the Minister may by order prescribe;“contract for the carriage of goods by sea” means a contract of carriage—(a)contained in or evidenced by a bill of lading, sea waybill or a corresponding electronic transaction; or(b)under or for the purposes of which there is given an undertaking which is contained ina ship’s d elivery order or a corresponding electronic transaction.(6) For the purposes of subsection (5)—(a)“bill of lading”, “sea waybill” and “ship’s delivery order” have the same meanings as in the Bills of Lading Act (Cap. 384); and(b)a corresponding electronic transaction is a transaction within section 1(5) of the Bills of Lading Act which corresponds to the issue, indorsement, delivery or transfer of a bill of lading, sea waybill or ship’s delivery order.Supplementary provisions relating to third party8.—(1) Section 2 shall not affect any right or remedy of a third party that exists or is available apart from this Act.(2) Section 2(2) of the Unfair Contract Terms Act (Cap. 396) (exclusion of or restriction on liability for negligence) shall not apply where the negligence consists of the breach of an obligation arising from a term of a contract and the person seeking to enforce it is a third party acting in reliance on section 2.(3) In section 6 of the Limitation Act (Cap. 163), the references to an action founded on a contract shall include references to an action brought in reliance on section 2 relating to a contract.(4) A third party shall not, by virtue of section 2(5) or 4(4) or (6), be treated as a party to the contract for the purposes of any other written law.Arbitration provisions9.—(1) Where —(a)a right under section 2 to enforce a term (referred to in this section as the substantive term) is subject to a term providing for the submission of disputes to arbitration (referred to in this section as the arbitration agreement); and(b)the arbitration agreement is an agreement in writing for the purposes of the Arbitration Act (Cap. 10) or Part II of the International Arbitration Act (Cap. 143A), the third party shall be treated for the purposes of the Arbitration Act or the International Arbitration Act, as the case may be, as a party to the arbitration agreement as regards disputes between himself and the promisor relating to the enforcement of the substantive term by the third party.(2) Where —(a)a third party has a right under section 2 to enforce a term providing for one or more descriptions of dispute between the third party and the promisor to be submitted to arbitration (referred to in this section as the arbitration agreement);(b)the arbitration agreement is an agreement in writing for the purposes of the Arbitration Act or Part II of the International Arbitration Act; and(c)the third party does not fall to be treated under subsection (1) as a party to the arbitration agreement,the third party shall, if he exercises the right, be treated for the purposes of the Arbitration Act (Cap. 10) or the International Arbitration Act (Cap. 143A), as the case may be, as a party to the arbitration agreement in relation to the matter with respect to which the right is exercised, and be treated as having been so immediately before the exercise of the right.。