International Business Contracts 国际商务合同
晚近国际商事合同法统一化的发展-CISG与PICC之比较
晚近国际商事合同法统一化的发展-CISG与PICC之比较【摘要】本文从引言、正文和结论三部分展开,首先概述了晚近国际商事合同法统一化的发展背景。
然后通过对比CISG和PICC两大国际商事合同法规则,分别介绍了它们的简介、适用范围、合同解释与解约规定以及争议解决规定。
通过对比分析,突出了两者在实践中的优缺点,为各国商事活动提供了重要法律依据。
最后在对CISG和PICC进行了总结评价,并展望了未来晚近国际商事合同法统一化的发展方向。
本文对于理解和运用国际商事合同法规则具有重要的参考价值,有助于推动国际商事合同法统一化的进程,促进国际商事活动的发展。
【关键词】晚近国际商事合同法统一化、CISG、PICC、合同范围、解释与解约、争议解决、总结评价、展望未来1. 引言1.1 概述商事合同法的统一化是国际贸易发展的重要趋势之一。
随着经济全球化的不断深化,各国之间的商贸往来也日益频繁,因此如何建立一个统一的商事合同法体系以规范国际贸易关系变得尤为重要。
《联合国国际货物买卖合同公约》(CISG)和《国际商会国际销售合同通则》(PICC)作为两种重要的国际商事合同法体系,在国际贸易领域具有重要的地位。
CISG是一个为国际货物买卖合同提供适用法律的国际公约,目前已经得到了全球范围内约80多个国家的认可和接纳。
PICC则是一个由国际商会制定的关于国际销售合同的通则,是商业界广泛采用的一种法律规范。
本文将对CISG和PICC这两种国际商事合同法体系进行比较分析,从适用范围、合同解释与解约规定以及争议解决规定等方面来探讨它们的异同之处,以期为国际贸易法律实践提供更多的参考和借鉴。
2. 正文2.1 CISG简介1980年4月11日,联合国通过了《国际货物销售合同公约》(CISG),该公约旨在统一国际商事合同的规则,促进国际贸易的发展并减少交易各方之间的法律障碍。
CISG已经成为国际商事合同领域最重要的法律文书之一,被181个国家和地区所批准和接受。
国际商业合同(合同示范文本)
(合同范本)姓名:____________________单位:____________________日期:____________________编号:YW-HT-024671国际商业合同(合同示范文本)International Business Contract国际商业合同(合同示范文本)买方:____________________________________地址:____________邮码:____________电话:____________法定代表人:____________职务:____________国籍:____________卖方:____________________________________地址:____________邮码:____________电话:____________法定代表人:____________职务:____________国籍:____________买卖双方在平等、互利的原则上,经协商达成本协议条款,以共同遵守,全面履行:第一条品名、规格、价格、数量:单位:____________________________数量:____________________________单价:____________________________总价:____________________________总金额:____________________________第二条原产国别和生产厂:第三条包装:1.须用坚固的木箱或纸箱包装。
以宜于长途海运/邮寄/空运及适应气候的变化。
并具备良好的防潮抗震能力。
2.由于包装不良而引起的货物损伤或由于防护措施不善而引起货物锈蚀,卖方应赔偿由此而造成的全部损失费用。
3.包装箱内应附有完整的维修保养、操作使用说明书。
第四条装运标记:卖方应在每个货箱上用不褪色油漆标明箱号、毛重、净重、长、宽、高并书以“防潮”、“小心轻放”、“此面向上”等字样和装运:________________.第五条装运日期:____________________第六条装运港口:____________________第七条卸货港口:____________________第八条保险:____________________装运后由买方投保。
国际商务合同
国际商务合同引言国际贸易作为全球经济发展的重要推动力之一,促进了各国之间的互利合作和共同繁荣。
而在国际商务合作中,合同的签订是确保商业交易顺利进行的重要保障。
本文将介绍国际商务合同的概念、特点以及合同的基本要素,旨在帮助商家更好地理解和管理国际商务合同。
一、国际商务合同概述国际商务合同指的是跨国公司或个体之间为开展商业交易而签订的合同。
该合同用于规范双方之间的权利、义务以及交易的具体内容和方式,以确保商业交易的合法性和可执行性。
二、国际商务合同的特点1. 法律性强:国际商务合同必须符合当地法律法规,双方应确保合同内容合法合规,并在合同中明确适用的法律法规。
2. 跨国性:国际商务合同涉及双方来自不同国家或地区的法律体系,双方应在合同中解决可能出现的法律冲突并确保合同的全面履约。
3. 灵活性:国际商务合同需要适应不同国家或地区的经济、文化、语言等差异,合同条款应具备一定的灵活性,以便双方能够更好地开展合作。
4. 信息全面:由于合同双方来自不同国家或地区,信息不对称的情况较为常见。
因此,国际商务合同应确保双方信息的全面共享和准确传递。
三、国际商务合同的基本要素1. 当事人信息:合同中应包含双方当事人的名称、地址、联系方式等信息,以确定合同签订人的身份和权利义务。
2. 合同目的和内容:合同明确商业交易的目的和交易的具体内容,包括商品、服务、价格、数量、质量等要素。
3. 条款和条件:合同中应规定双方的权利和义务,包括付款方式、交货期限、违约责任等条款,以确保合同的顺利执行。
4. 争议解决方式:合同应明确双方在交易纠纷时争议解决的方式,例如通过仲裁、法院诉讼等方式解决争端。
四、国际商务合同的风险管理1. 风险识别:合同签订前,双方应识别可能存在的风险和不确定因素,制定相应的风险控制措施。
2. 权益保护:合同应确保双方的合法权益,明确违约责任和损害赔偿机制,保护自身利益。
3. 合规合法:合同应遵守当地法律法规,确保合同内容符合法律规定,避免合同无效或违反法律规定的情况。
英语国际商务合同5篇
英语国际商务合同5篇篇1International Business ContractI. IntroductionInternational business contracts play a significant role in the global economy as they establish the terms and conditions under which business transactions are conducted between parties from different countries. These contracts provide a legal framework for ensuring that both parties fulfill their obligations and protect their rights. This document outlines the key components of an international business contract and discusses the importance of drafting a comprehensive and well-defined contract.II. Key Components of an International Business Contract1. Parties: The contract should clearly identify the parties involved in the agreement, including their legal names, addresses, and contact information. It is important to accurately identify the parties to avoid confusion and disputes in the future.2. Scope of Work: The contract should specify the nature of the business transaction, including the products or services to be provided, the timelines for delivery, and the pricing terms. It is essential to outline the scope of work to ensure that both parties have a clear understanding of their responsibilities.3. Terms and Conditions: The contract should include terms and conditions that govern the rights and obligations of both parties. This may include payment terms, warranties, dispute resolution mechanisms, and termination clauses. It is important to carefully draft these provisions to protect the interests of both parties.4. Governing Law: The contract should specify the governing law that will apply in case of disputes between the parties. This is particularly important in international business contracts, where parties from different countries may be subject to different legal systems. The governing law clause helps to provide clarity and consistency in the interpretation of the contract.5. Arbitration Clause: International business contracts often include an arbitration clause, which outlines the process for resolving disputes outside of the court system. Arbitration is a common method of dispute resolution in international business contracts as it is often faster and more cost-effective thantraditional litigation. The arbitration clause should specify the rules and procedures that will govern the arbitration process.III. Importance of a Well-Defined ContractA well-defined international business contract is essential for establishing a solid foundation for a successful business relationship. Here are some reasons why it is important to draft a comprehensive contract:1. Clarity and Certainty: A well-defined contract provides clarity and certainty about the rights and obligations of the parties involved. By clearly outlining the terms of the agreement, both parties can avoid misunderstandings and disputes in the future.2. Legal Protection: A comprehensive contract helps to protect the legal interests of both parties by clearly defining their rights and obligations. In case of disputes, the contract serves as a legal document that can be used to resolve conflicts and uphold the parties' rights.3. Risk Mitigation: International business transactions involve various risks, including currency fluctuations, political instability, and cultural differences. A well-drafted contract can help to mitigate these risks by setting out clear guidelines forhow to address potential issues that may arise during the course of the agreement.4. Enforceability: A well-defined contract is more likely to be enforceable in a court of law. By clearly articulating the terms and conditions of the agreement, the contract provides a solid basis for resolving disputes and seeking legal remedies in case of non-compliance.In conclusion, international business contracts are essential for establishing and maintaining successful business relationships in the global marketplace. By carefully drafting a comprehensive and well-defined contract, parties can protect their legal interests, mitigate risks, and ensure the smooth execution of their business transactions. It is important for parties to seek legal advice and assistance in drafting international business contracts to ensure that their agreements are legally sound and enforceable.篇2International Business Contract1. IntroductionInternational business contracts are legal agreements between two or more parties in different countries. Thesecontracts outline the terms and conditions of the business relationship and define the rights and obligations of each party. Writing a comprehensive international business contract is essential to ensure both parties are protected and can avoid potential disputes in the future. In this document, we will discuss the key components of an international business contract and provide tips for drafting a successful agreement.2. Key Components of an International Business Contract2.1 Parties InvolvedThe first section of an international business contract should clearly identify the parties involved in the agreement. Include the legal names and addresses of the companies or individuals entering into the contract. It is also important to specify the roles and responsibilities of each party in the business relationship.2.2 Scope of WorkDefine the scope of work or services to be provided under the contract. This section should outline the specific deliverables, timelines, and performance standards expected from each party. Include detailed descriptions of the products or services being exchanged, as well as any quality standards that must be met.2.3 Payment TermsClearly outline the payment terms and conditions in the contract. Specify the payment methods, currency, and frequency of payments. Include information about any discounts, penalties, or late fees that may apply. It is important to be specific about the price of the goods or services and any additional costs that may be incurred.2.4 Intellectual Property RightsAddress intellectual property rights in the contract. Specify who owns the intellectual property created or used in the business relationship and how it will be protected. Include provisions for licensing, royalties, and confidentiality to protect proprietary information.2.5 Dispute ResolutionInclude a section on dispute resolution to outline how any disagreements or conflicts will be resolved. Specify the steps that must be taken to escalate a dispute, such as mediation, arbitration, or litigation. This section should also define the governing law and jurisdiction of the contract.3. Tips for Drafting a Successful International Business Contract3.1 Seek Legal AdviceConsult with an experienced international business attorney to help draft a comprehensive and legally binding contract. A lawyer can help ensure the contract complies with international laws and regulations and protects your interests.3.2 Be Clear and SpecificAvoid ambiguous language or vague terms in the contract. Be clear and specific about the rights and obligations of each party, the scope of work, payment terms, and other key provisions. Include detailed descriptions and timelines to avoid misunderstandings.3.3 Consider Cultural DifferencesTake into account cultural differences when drafting an international business contract. Be aware of cultural norms, communication styles, and business practices that may impact the contract negotiations. Consider translating the contract into the local language to ensure mutual understanding.3.4 Include Exit StrategiesIncorporate exit strategies in the contract to address what will happen if the business relationship needs to be terminated. Include provisions for early termination, notice periods, and anypenalties that may apply. This will help protect both parties in the event of unforeseen circumstances.4. ConclusionIn conclusion, international business contracts play a critical role in establishing successful business relationships between parties in different countries. By including key components such as parties involved, scope of work, payment terms, intellectual property rights, and dispute resolution, and following the tips for drafting a successful contract, parties can protect their interests and avoid potential disputes. It is essential to seek legal advice and consider cultural differences when drafting an international business contract to ensure a mutually beneficial agreement.篇3International Business ContractA business contract is a legally binding agreement between two or more parties outlining the terms and conditions of a business transaction. When it comes to international business contracts, there are additional complexities and considerations that must be taken into account. In this article, we will discuss the key elements of an international business contract and provide some tips for drafting and negotiating a successful agreement.Key Elements of an International Business Contract1. Parties to the Contract: The contract should clearly identify the parties involved in the agreement, including their legal names, addresses, and contact information. It is important to ensure that the parties have the legal capacity to enter into the contract.2. Purpose of the Contract: The contract should clearly outline the purpose of the agreement, including the goods or services being exchanged, delivery timelines, and payment terms. It should also specify any requirements or specifications that need to be met.3. Terms and Conditions: The contract should include detailed terms and conditions that govern the rights and obligations of each party. This may include clauses related to payment, delivery, warranties, intellectual property rights, dispute resolution, and termination.4. Governing Law: In international contracts, it is important to specify the governing law that will apply in the event of a dispute. This will help to clarify the legal framework within which the contract will be interpreted and enforced.5. Jurisdiction: In addition to governing law, the contract should also specify the jurisdiction in which any disputes will be resolved. This may include arbitration, mediation, or litigation in a specific country or court.6. Language of the Contract: It is important to specify the language in which the contract will be interpreted and enforced. This will help to avoid any misunderstandings or misinterpretations that may arise due to language barriers.Tips for Drafting and Negotiating an International Business Contract1. Seek Legal Advice: When drafting an international business contract, it is important to seek legal advice from a professional who is experienced in international business law. They can help to ensure that the contract complies with relevant laws and regulations and addresses any potential risks or pitfalls.2. Be Clear and Specific: It is essential to be clear and specific when drafting the terms of the contract. Avoid using ambiguous language or open-ended clauses that may lead to misunderstandings or disputes in the future.3. Consider Cultural Differences: When negotiating with international partners, it is important to consider culturaldifferences that may impact the interpretation of the contract. Be mindful of any cultural norms or practices that may affect the negotiation process.4. Include Dispute Resolution Mechanisms: In international contracts, it is advisable to include dispute resolution mechanisms such as arbitration or mediation. This can help to expedite the resolution of disputes and avoid costly litigation.5. Review and Revise: Before finalizing the contract, it is important to review and revise the terms and conditions to ensure that they accurately reflect the agreement reached by the parties. This may involve multiple rounds of negotiation and revision.In conclusion, international business contracts are essential for facilitating successful business transactions across borders. By understanding the key elements of an international contract and following the tips outlined in this article, businesses can draft and negotiate effective agreements that protect their interests and minimize risks.篇4International Business ContractDate: [Date of Contract]Parties:[Name of Company A] [address of Company A][Name of Company B] [address of Company B]Agreement:This Agreement is made and entered into by and between Company A and Company B on the date written above.1. Purpose:The purpose of this Agreement is to establish a business relationship between Company A and Company B for the purpose of conducting international business transactions in accordance with the terms and conditions set forth in this contract.2. Scope of Work:Company A agrees to provide [details of products or services] to Company B, and Company B agrees to [details of services or payment terms] in exchange for the products or services provided by Company A.3. Term:This Agreement shall commence on the date written above and shall continue for a period of [specified duration] unless terminated earlier by mutual agreement of both parties.4. Payment Terms:Company B agrees to pay Company A [amount or percentage] of the total contract value upon signing of this Agreement. The remaining balance shall be paid [payment terms] according to the terms outlined in this Agreement.5. Delivery Terms:The products or services provided by Company A shall be delivered to Company B in accordance with the agreed upon delivery schedule. Company A agrees to bear all costs and expenses related to the delivery of the products or services.6. Warranty:Company A warrants that the products or services provided under this Agreement shall be of good quality and free from defects. Company A agrees to replace any products found to be defective within a reasonable time frame.7. Dispute Resolution:Any disputes arising under this Agreement shall be resolved by negotiation between the parties. If a resolution cannot be reached, the parties agree to submit the dispute to an independent arbitrator for resolution.8. Governing Law:This Agreement shall be governed by and construed in accordance with the laws of [jurisdiction].In witness whereof, the parties have executed this Agreement as of the date first written above.[Signature of Company A][Signature of Company B]This International Business Contract represents a binding agreement between the parties listed above and shall take effect on the date of signature.篇5International Business Contract1. IntroductionInternational Business Contract is a formal agreement between two or more parties from different countries for thepurpose of carrying out business transactions. These contracts are crucial to ensure that both parties understand their rights, responsibilities, and obligations when conducting business across borders. In this document, we will discuss the key elements of an international business contract and provide some tips on how to draft an effective contract.2. Key Elements of an International Business Contract- Parties: The contract should clearly identify the parties involved in the agreement. This includes the names and contact information of the companies or individuals entering into the contract.- Scope of Work: The contract should outline the specific goods or services that will be provided by each party. This includes details such as quantity, quality, delivery schedule, and pricing.- Terms and Conditions: The contract should include the terms and conditions that govern the relationship between the parties. This includes payment terms, warranties, intellectual property rights, dispute resolution mechanisms, and termination clauses.- Governing Law: The contract should specify the law that will govern the agreement. This is important in case of a dispute between the parties, as it determines which court will have jurisdiction over the matter.- Confidentiality: The contract should include provisions to protect the confidentiality of any sensitive information shared between the parties during the course of the business relationship.- Signatures: The contract should be signed by authorized representatives of each party to indicate their agreement to the terms and conditions outlined in the contract.3. Tips for Drafting an Effective International Business Contract- Hire a Professional: It is advisable to seek the assistance of a qualified legal professional who has experience in drafting international business contracts. This will help ensure that the contract complies with all relevant laws and regulations.- Be Clear and Specific: It is important to be clear and specific when outlining the terms and conditions of the contract. Ambiguity can lead to misunderstandings and disputes down the line.- Consider Cultural Differences: When drafting an international business contract, it is important to consider the cultural differences between the parties. This includes language barriers, communication styles, and business practices.- Review and Revise: Before finalizing the contract, it is important to review and revise it to ensure that all parties are in agreement with the terms and conditions. This will help avoid any potential conflicts in the future.- Seek Legal Advice: If you are unsure about any aspect of the contract, it is recommended to seek legal advice from a qualified professional. They can provide guidance on how to draft a contract that protects your interests while also being fair to the other party.In conclusion, international business contracts are essential for conducting successful business transactions across borders. By including key elements such as parties, scope of work, terms and conditions, governing law, confidentiality, and signatures, and following the tips for drafting an effective contract, you can ensure that your business relationship is built on a strong foundation of trust and mutual understanding.References:- International Business Contracts: Key Elements and Best Practices- Drafting Effective International Business Contracts: Tips and Strategies- Legal Considerations for International Business Contracts: A Comprehensive Guide.。
国际商事合同书
国际商事合同书英文回答:International Commercial Contracts。
International commercial contracts are agreements between parties from different countries that govern the sale of goods or services, or the provision of other commercial services. These contracts are essential for facilitating international trade and ensuring that the rights and obligations of the parties are clearly defined.Key Elements of an International Commercial Contract。
Essential elements of an international commercial contract include:Offer and Acceptance: The contract is formed when one party makes an offer and the other party accepts it.Consideration: Both parties must provide something of value in exchange for the other's performance.Legality: The contract must be legal in the countries where it is to be performed.Capacity: The parties must have the legal capacity to enter into the contract.Mutual Consent: Both parties must have freely agreed to the terms of the contract.Written Form: Most international commercial contracts are in writing, although certain types of contracts may be valid even if they are not written down.Choice of Law and Jurisdiction。
国际商务合同的专业术语和语言英语
国际商务合同的专业术语和语言英语English:International business contracts are typically written in formal and professional language to ensure clarity and avoid ambiguities that could lead to disputes. Some common specialized terms and language used in international business contracts include "force majeure" clauses, which outline circumstances under which a party may be excused from fulfilling the contract due to unexpected events beyond their control such as natural disasters or political unrest. Another important term is "governing law," which specifies the jurisdiction whose laws will govern the contract. In addition, terms related to payment, delivery, warranties, and dispute resolution are also crucial in international business contracts to clearly define the rights and obligations of each party. Language in international business contracts tends to be precise and technical, with legal terminology and specific provisions tailored to the unique aspects of each agreement and the parties involved.中文翻译:国际商务合同通常使用正式和专业的语言来确保清晰度,并避免可能导致争议的歧义。
国际商务合同的专业术语和语言英语
国际商务合同的专业术语和语言英语International business contracts are legal agreements negotiated and signed between parties from different countries. These contracts are crucial for establishing the terms and conditions of business relationships between companies operating on a global scale. The use of professional terms and language in these contracts is essential to ensure that all parties involved clearly understand their rights, obligations, and responsibilities. Therefore, the language used in international business contracts is typically precise, detailed, and legally binding.国际商务合同是由来自不同国家的各方协商和签署的法律协议。
这些合同对于确立在全球范围内运营的公司之间的商业关系的条款和条件至关重要。
在这些合同中使用专业术语和语言至关重要,以确保所有涉事方清楚地了解他们的权利、义务和责任。
因此,国际商务合同中使用的语言通常是准确、详细和具有法律约束力的。
One of the key challenges in international business contracts is the language barrier that can arise when negotiating and drafting these agreements. Different countries have their own legal systems,business practices, and cultural norms, which can make it difficult to communicate effectively across borders. As a result, it is essential for parties to use professional translators or legal experts who are proficient in the languages and legal systems of the countries involved to ensure accurate and clear communication in the contract.国际商务合同中的一个关键挑战是在协商和起草这些协议时可能出现的语言障碍。
国际商务合同的种类
Insurance
保险条款
Covering the policy and condition of insurance
9
Shipment & Delivery
交货条款
Covering the delivery place,date,terms of invoice and payment balancing
涉外劳务合同
9
Contracts for International Leasing Affairs
国际租合同
10
Contracts for Sino—Foreign Credits and Loans
涉外信贷合同
11
Contracts for International Build-Operate—Transfer
国际工程承包合同
6
Contracts for Compensation Trade
补偿贸易合同
7
Contracts for Sino—foreign Cooperative Development of Natural Resources
中外合作开采资源合同
8
Contracts for Foreign Labor Services
11
Payment
付款条款
Covering every details relevant to payment making
12
Inspection
检验s, standard,inspecting bodies,cost and authority
13
Training
培训条款
Covering the training programs,duration, place, trainees` number and test
国际商务双语知识点总结
国际商务双语知识点总结一、国际商务的定义国际商务是指在国际范围内进行的商业活动,包括跨国贸易、国际投资、跨国合作等多方面内容。
国际商务在全球化背景下愈加重要,对国际企业的经营和管理提出了新的挑战。
通过国际商务,企业可以拓展市场,获取资源,增加收入,提升竞争力,促进经济发展。
International Business SummaryI. Definition of International BusinessInternational business refers to commercial activities carried out on the international level, including cross-border trade, international investment, and multinational cooperation. International business is becoming increasingly important in the context of globalization, posing new challenges for the operation and management of international enterprises. Through international business, companies can expand their markets, acquire resources, increase revenue, and enhance competitiveness, promoting economic development.二、国际商务环境与市场1. 国际商务环境国际商务环境包括政治、经济、文化、法律等因素。
政治稳定、经济状况、文化差异和法律制度都会影响国际商务的运作。
2. 国际商务市场各国市场的规模、结构、需求以及消费习惯存在差异,了解不同国家的市场特点对于开展国际商务至关重要。
国际商务合同的文体与翻译chapter 1
Commercial Contract
SEC 2
(International) Commercial Contracts
International Commercial Contract
International sales of goods and/or services between parties from different countries a dispute settlement clause should be inserted, or a third-party settlement is needed for the disputes
SEC 3பைடு நூலகம்
Offers and counteroffers
SEC 4
Ordering
SECTION 1
Contractual relations involved:
consignor
SEC 2
carrier
freight-forwarder
SEC 3
SEC 4
the consignor or the shipper (who sends goods), the carrier (who carries the goods), the consignee (who receives the goods at the destination).
Commercial Contracts Commercial Contracts usually refer to contracts of daily businesses and contracts involving economic constructions such as mining construction, railway construction and tapping of natural resources, etc.
英语国际商务合同
英语国际商务合同INTERNATIONAL BUSINESS CONTRACT1. Parties Involved:Seller: [Seller's Company Name]Address: [Seller's Address]Contact Person: [Name]Phone: [Phone Number]Buyer: [Buyer's Company Name]Address: [Buyer's Address]Contact Person: [Name]Phone: [Phone Number]2. Contract Date:[Date of Agreement]3. Product/Service Description:Product/Service Name: [Name of Product/Service] Specifications: [Detailed Description of Product/Service] Quantity: [Amount/Volume]Quality Standards: [Relevant Standards/Certifications] 4. Price and Payment Terms:Unit Price: [Price per Unit]Total Price: [Total Contract Value]Currency: [Currency Used]Payment Terms: [e.g., 30% Deposit, 70% upon Delivery]Payment Method: [e.g., Bank Transfer, Letter of Credit]Payment Due Dates: [Payment Schedule]5. Delivery Terms:Delivery Date: [Expected Delivery Date]Delivery Location: [Address of Delivery]Shipping Terms: [e.g., FOB, CIF, EXW]Transport Mode: [e.g., Sea Freight, Air Freight]6. Responsibilities:Seller’s Responsibiliti es: [e.g., Packing, Shipping, Documentation]Buyer’s Responsibilities: [e.g., Payment, Import Duties, Customs Clearance]7. Warranties and Guarantees:Product Warranty: [Details of Warranty]Return Policy: [Conditions for Returns/Exchanges]AfterSales Support: [Details of Support Provided]8. Confidentiality:Confidential Information: [Definition of Confidential Information]Obligations: [Obligations to Protect Confidential Information]Duration: [Period of Confidentiality]9. Force Majeure:Definition: [Events Considered as Force Majeure]Impact: [Effect on Obligations]Notification Requirements: [Procedure for Notification]10. Dispute Resolution:Governing Law: [Applicable Law]Dispute Resolution Mechanism: [e.g., Arbitration, Mediation]Jurisdiction: [Jurisdiction for Legal Disputes]11. Termination:Termination Conditions: [Conditions Under Which the Contract Can Be Terminated]Notice Period: [Required Notice Period for Termination] Consequences of Termination: [e.g., Settlement of Outstanding Payments]12. Miscellaneous:Amendments: [Procedure for Contract Amendments]Entire Agreement: [Statement of Entire Agreement]Severability: [Clause on Severability of Terms]Notices: [Details for Sending Notices]Signatures:Seller:Name: [Name]Title: [Title]Signature: _________________________Date: [Date]Buyer:Name: [Name]Title: [Title]Signature: _________________________Date: [Date]这个模板包含了国际商务合同中常见的关键信息项。
Chapter 3国际商务合同的结构《国际商务合同双语》PPT课件
则之间的关系是什么?
• (2)导致本案判决结果的关键事实是什么?
合同的前言
3.1 Preamble of a Contract
3.1 Preamble of a Contract 合同的前言
• A preamble is a preliminary statement to introduce the general reasoning of an agreement, the principle of reaching an agreement, or the scope of authority. It usually includes the title, and number of the contract, the date and place of signing the contract, the names and addresses of both parties and the preface or recitals, etc.
operational clause
3.2 Main Body of a Contract 合同的正文
• General clauses includes the following:①Definition clause;②
representations and warranties Clause;③indemnification/hold harmless clause;④confidentiality clause;⑤term and termination clause;⑥assignment and modification clause;
国际商务合同翻译教程-国际商务合同基础知识-Learning-Basics-1
国际商务合同翻译教程Learning Basics 1国际商务合同基础知识Unit One :Basic Knowledge of International Business ContractsContracts referred to in this 1aw are agreements between equal natural persons, legal persons and other organizations for the purpose of establishing, altering and terminating mutual civil rights and obligations.合同和契约都是指自愿订立共同遵守的条件,合作共事。
《中华人民共和国合同法》第2条规定“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”。
根据这个定义,我们可以了解一般合同的法律特征。
(1)合同是一种法律行为这是指当事人之间为实现一定的目的,而产生的一定的权利义务关系,而且这种权利义务关系受国家强制力的保护,任何一方不履行合同或不完全履行合同,都要承担法律责任。
(2)合同是合法的法律行为双方当事人按照法律规范的要求达成的协议,产生双方所预期的法律后果,它是一种合法行为,因而为国家所承认和保护。
(3)合同是双方或多方当事人之间的协议这并不是讲当事人之间的任何协议都是合同,它只是当事人之间关于设立、变更、终止民事权利义务关系的协议。
(4)合同是当事人在平等、自愿的基础上所进行的民事法律行为这是合同法律关系同建立在领导与被领导、命令与服从基础上的行政关系的根本区别。
合同有广义和狭义之分广义的合同包括合同、协议,以及订立正式合同、协议之前当事人之间已经达成的有约束力或无约束力的法律文件,包括但不限于谅解备忘录或合作备忘录、框架协议、意向性协议或合作意向书、意向书、初步协议、君子协议、订单和章程等。
国际商务合同翻译
准确严谨
第一:使用商务术语。如:sublicense 分许 可证,liquidated damaged 违约金,royalty 提成费 第二:使用法律术语。如:arbitration award 仲裁裁决,substantive law 实体法, infringement 侵权。 还有具有专业意义的日常词汇。如: collection, confirm, accept, tolerance在合 同中分别为:托收,保兑,承兑和公差。
用词对比
合同用语 一般用语
commence construe purchase, procure
begin explain buy
汉语译文 开始 解释 购买
variation/alteration /modification pertaining to/t
套语及其翻译
The undersigned buyer and seller have confirmed… in accordance with the following terms and conditions. 下面签名的卖方和买方已根据以下条款确 认… 本协议自签订之日有效。 This agreement shall come into force on and from the day of signature.
国际商务合同翻译
商务合同的含义及构成
商务合同(国际经济合同)的含义:指的是在不同国 家当事人之间(between the parties from different states)为一定经济目的(for the financial purpose) 而达成的、规定双方当事人权利与义务(rights and obligations)、具有法律约束力的(legally binding)法律文书(legal documents)。
国际商务合同考条
国际商务合同练习册International commercial contracts 单选1. A contract is an enforceable agreement which consists of D. offer and acceptance.2.The elements for a contract to be valid include the following EXCEPT D. form and genuineness.3.For a contract, drafting is a beginning step of A. formation4.From a dynamic angle, the step of a contract normatively include: B. formation, performance, and termination.5. C. offeror means a person who made the offer.6. D. offeree means a person who made an offer is made.7. A sale of goods refers to C. transfer of the ownership of the goods from one party to another.8. A vacationing doctor is driving down the highwayand …Potter’s life. There is C. a quasi-contract in this situation.9. A C. voidable contract is a contract that… of the parties because of a defect or illegality in making it. 10.The requirements for an offer will be valid include EXCEPT B. the offeree must haveaccepted the offer.11.Which of thefollowing statements canbe regarded as an offer?C . ”I will sell this book atUS $10 to you. ”12.Johnson offers tosell his prize greyhoundto Rizzo, for example ,but the dog dies beforeRizzo can accept. Thus,the offer becomes B.ineffective.13.There are two waysto describe thecancellation of an offer,namely, A. withdrawaland revocation.14.Which of thefollowing statements isnot an acceptance? C. ”Iaccept the offer …ninetydays credit”15.If a seller sends abuyer an offer saying “Iwill assume …otherwise,”the fact the buyer doesnot respond will B. createan acceptance16.If the seller were tosend the buyer aninvitation to negotiatethat says “unless youhear otherwise…theselle r’s silence wouldconstitute a(n) D.acceptance.17. A sheriff cannotcollect a reward…criminalbecause he has B.preexisting duty tocapture the criminal.18.In general, thefollowing persons EXCEPTB. legal persons havelimited competence toenter into contract.19.De La Tour made acontract Hochster inMarch…months—June,July….This is called B.anticipatory breach.20.The internationalaspect of thecontract…andenforcement because D.all of the above.Chapter11. A contract is simplya(n) C. agreement thatdefines a relationshipbetween one or moreparties.2. A commercialcontract…agreementmade by C. two or moreparties for the purpose iftransacting business.3.The contract termsare usually supplementedand …are as followEXCEPT B. complete.4.In an internationalsales contract, the …parties D. can workagainst the …negotiation5.About cross-borderrights and …contract,which is false? B. Forcontracts made…orpractices.6.When making acommitment to performan internationalcommercial contract, B.Consider the otherparty’s…7.When tradinginternationally, you aresubject to D. any of theabove is possible8.Most jurisdictionsrequire certain contractsto be C. written to beenforceable.9.By selecting amutually acceptable D.remedy in the beginning,both … performance fail.10.The four basicterms of a contractinclude A. description ofgoods, delivery, price,and paymentChapter2.1.The issues affectinginternational contractsmay include D. all of theabove2.Which of thefollowing is NOT in favorof globalization of marketor trade? B. increase oftrade barriers.3.Much of thepressure towardglobalization is …whichmainly include EXCEPT A.government.4.In the area ofinternational sales ofgoods,…of the UnitedNations of the B. CISG5.The CISG wasfinalized at the UnitedNations convention inVienna on A. April 11,1980.6.Many membercountries have chosen toexclude the application ofcertain CISG provisions.The … A. form ofcontract.7.The CISG isintended to clarify pointsrelated to the B.formation of a contractand the rights and ….8.The CISG provisionsprimarily delineate the C.elements that must…saleof goods.9. A seller makes aproposal and the buyeraccepts it. In thissituation, can you …acontract formed? C. Itdepends10. A seller makes anoffer and the buyer…inthe buyer’s favor. The keyissue goes to C.acceptance shoulddispute arise.11.If thenonconformance was B.minor and of no…12.The CISG isinapplicable to contractfor C. sales of socks.13.The CISG isapplicable to contract forC. sales of meat.14. D. Trade sanctionsare often used toinfluence anothercountry’s domestic …15.About the lawsregulating the import,export, and sale ofgoods…followingstatements is NOT true?B. developed countriesare takingtheir…developingcountries.16.Which of thefollowing is a positive …internet? A. sales can bemade atelectronic…worldwide.Chapter 31.This term “A. privity of contract” is a shorthand expression for a…2.The buyer may be D. either B or C of the consuming chain.3.The seller may be atD. either A or B of the consuming chain.4.If there are B. many supplier and a few buyers, buyer will have a strong negotiation position because…5.If there are C. few suppliers, buyer will have the weakest negotiation …purchase options.6.The bottom line answer to the question…up in a lot of financial and A. legal trouble because of your…7.If you take delivery of the goods before they are B. exported, you will have to …seller’s country.8.If you buy foods that are C. illegal to export, you could become criminally liable.9.If you D. breach the contract, you may be brought before a court in the seller’s…a foreign judge.10.You’d better ask your lawyer about subjects that ….such as B. contracts.Chapter 41.Parties to a commercial … that the desire, but A. the laws of your country or the …awritten contract.2.If you leave B.terms out of yourcontract, the gaps willbe …of the law.3.The best way tocontrol the results ofyour D. contract is toclarify eachparty’s …every contractterm.4.The date when thecontract is B. signed isusually also the datewhen… contract providesotherwise.5.To avoid confusion,it is highly recommendedthat you D. spell out themonth…your contract.6.Identification ofparties clauseof …include the followingEXCEPT C. the purpose ofeach party.7.Which one of thefollowing abbreviationsfor…in France?C. s.a.8.The provision forfoods contains twoterms…or domestic: B.description of the goodsand price.9.Which one of thefollowing…is the mostprecise one? D. RMBYuan 10,000.0010.At minimum, thepacking … in such a wayas A. to withstandtransportation.11.Contracts for thesale of goods…defined byB. ICC—to assignresponsibilities forthe …transport.12.In general, D. titleto the goods will pass…tothe Seller by that time.13.The buyer shouldinsist on a right of B.inspection of the foodsbefore…contractspecifications.14.In B. the UnitedStates, the parties to acontract…is essential.15.The A. governinglaw clause in aninternational…if adispute arises.Chapter 51.About internationalbusiness transactions,which statement is NOTtrue? B. the termsof …meanings.2.By the 1920s,commercial…terms todescribe C. the rights andliabilities…transport ofgoods.3.Trade terms consistof C. short abbreviationsfor lengthy contractprovisions, and…forconvenience.4.The current versionof Incoterms is D.Incoterms 20005.Incoterms may beincluded in aninternational …desire thefollowing EXCEPT B.define the remedies forbreach of goods.6.In A. Ex Works , theseller merely makes the…seller’s “named place” ofbusiness.7.In B. FCA, the sellerclears the goods forexport …at the namedplace.8.In C. FAS, the sellerclears the goods forexport…”named portshipment”.9.In D. FOB, the sellerclears the goods forexport…at the port ofshipment.10.In A. CFR, the sellerclears the goods forexport… the named portof destination.11.In B. CIF, the sellerhas the same…name forthe shipment.12.In C. CPT, the sellerclears the goods forexport, delivers them tothe carrier…to the namedplace of destination.13.In D. CIP, the sellerclears the goods forexport, delivers them tothe carrier, and isresponsible for paying forcarriage and insurance tothe named …14.In A. DAF, the sellerclears the goods forexport and is responsiblefor making themavailable to the buyer atthe named point andplace at the frontier, notunloaded, and notcleared for import.15.In B. DES, the sellerclears the goods forexport and is responsiblefor making themavailable to the buyer onboard the ship at thenamed port destination,not cleared for import.16.In C. DEQ, the sellerclears the goods forexport and is responsiblefor making themavailable to the buyer onthe quay (wharf)….17.In D. DDU, theseller clears the goods forexport and is responsiblefor making themavailable to the buyer atthe named place ofdestination, not clearedfor import.18.In D. DDP, the sellerclears the goods forexport and is responsiblefor making themavailable to the buyer atthe named place ofdestination, cleared forimport, but not unloadedform the transportvehicle.19. C. Carrier refers toany person who, incontract…of such modes.20.In Incoterms, B.FOB is commonly usedin… rail is important.21.In Incoterms, A. ExWorks, places thegreatest responsibility onthe buyer andminimum…seller.22.In Incoterms, D.DDP places the maximumobligation on the sellerand …buyer.23. C. FOB is only usedin reference to …ocean orinland waterwaytransport.24. D. CPT is applicable to all modes of transport.25. B. Stowed and Trimmed is frequently used with…in the port of shipment.Chapter 22 Glossary1. A. abrogation refers to the cancellation…been performed.2. B. acceptance means an unconditional assent to an offer…terms of the offer.3. C. Accommodation is an action by one party … for another party.4. D. Assignment is a remedy for a breach of contract… financial records.5. D. Adhesion contract is a contract with standard, often printed…agree to the contract terms.6. A business enterprise that is directly or indirectly…entity is called A. affiliated company.7. A. After sight is a term in a financial instrument…after presentation or demand.8.The relationship between one individual or entity who…request or instruction is called B. agency.9.An individual or entity who is authorized … entity is called C. agent. 10. C. Amendment is anaddition, deletion, orchange in a legaldocument.11. C. As is refers to acontract term by whichthe buyer…for better orworse.12. D. Assignment isthe transfer of rights…tothe initial contract.13. D. At sight is a termin a financialinstrument …onpresentation or demand.14. B. Attachment isthe legal process… thepayment of damages ifawarded.15. D. Avoidance iscancellation of a contractby law…form theirobligations.16. A. Bailment is adelivery of goods into thepossession of another…has been accomplished.17. D. Beneficiary is aperson or entity that isnot a party to contractbut that will benefit froma contract made betweenother parties.18. A writteninstrument signed by aperson andaddress…future time iscalled A. bill of lading.19. C. Boilerplate isstandard contract termsusually…pre-printedcontract form.20. A. bona fide meansin or with foods faith,honesty, and sincerity.21. C. Breach refers to aviolation of law oragreement.22. A person’scompetency, as definedby law, to make acontract is called B.capacity.23. D. Chattel paper is adocument thatconstitutes a securityinterest in or a lease ofspecific goods for amonetary obligation.24. A. Confirmation is awritten contract ormemorandum that setsforth the terms of anagreement that wouldotherwise have beendifficult to prove andtherefore to enforce.25. D. Conflict ofinterest is a financial orethical conflict betweenan official’s privateinterests and officialduties.26. B. Consideration isan item of value passedfrom onecontracting…not binding.27. A. Consignmentcontract is an agreementby which a seller…thecontract is not binding.28. C. CISG refers to aUnited Nationsconvention thatestablishes uniform legalrules to governinternational contractsfor the sale of goodsbetween29. B. Counteroffer is areply to an offer thatmaterially alters theterms of the offer.30. C. Crossed check isa check that bears on itsface two paralleltransverse lines,indicating that it cannotbe presented for cash. Abank that accepts such acheck will pay theproceeds only to anotherbank, which will creditthe money to the accountof the payee of the check.31. B. Damages is amonetary amountclaimed and awarded toa person for loss or injuryto the person or theperson’s property.32. A. Actual damagesmeans compensation foramounts in fact incurred.33. B. Expectationdamages meanscompensation foramounts that a personcould have reasonablyanticipated receivingform a transaction had itnot failed.34. C. Incidentaldamages means expensesreasonably incurred inmitigation, or otherwisein association with,losses.35. A. Design is ascheme, drawing, plan,or other depiction of anew pattern, model,shape, or configurationthat is decorative orornamental.36. B. Destinationcontract for sale of goodsin which the risk of loss ispassed to the buyer afterthe seller delivers thegoods to the destination.37. D. Documentationis the financial andcommercial documentsrelating to a transaction.These documents mayinclude acommercial …and bill ofexchange.38. A. Execution is thelegal process forenforcing a judgment fordamages, usually byseizure and sale of thedebtor’s personalproperty.39. A contract that hasnot been performedentirely is called B.executor contract.40. B. Exhibit isdocument attached to acontract or agreement.41. A. Fine print isknown as the standardcontract terms printed insmall type …details of acontract42..A. Force majeureclause is the contractclause that excuses aparty who breaches thecontract whenperformance is preventedby the…reasonablecontrol.43. A. Goods refers toproducts, whether rawmaterials, semimanufacturedcomponents, orcompleted merchandise.44. B. Durable goods means goods that last a relatively long time without being quickly dissipated or depleted during use, such as machinery.45. C. Hard goods means consumer durable foods, such as appliances or vehicles.46. D. Soft goods means consumer goods that are not durable,such as clothing or luggage.47. A. Consumable means goods purchased for the buyer’s personal, family, or household use.48. A. Integrated contract is a contract that states every provisions to which the parties intend to agree. Parol evidence cannot be used to change or supplement the provisions of an integrated contract.49. A. Intellectual property is intangible rights that can be protected because of their novelty, uniqueness, and value to the creator. These rights include copyrights, trademarks, service marks, designs, and patents.50. B. Juridical personis an individual or entity recognized under law as having legal rights and obligation.51. D. Juridical act refer to an action intended to have, and capable ofhaving, a legal effect,such as the creation,termination, ormodification of a legalright.52. D. Liquidateddamages are an amountfixed by contract asreasonable compensationin the event a partydefaults.53. A. Material termsare contract provisionthat are so significant tothe bargain made thatthe agreement would besubstantially different ofthe terms were to bealtered or eliminated.54. C. middleman is anintermediary acting as anagent or lealer betweenbuyers and sellers.55. C. Minimumcontact is a person’sconnections to ajurisdiction, such asoperating or solicitingbusiness there…authorityof the courts of thatjurisdiction.56. A. Mitigation ofdamages is the duty,imposed by law, to usereasonable care and …tothe injured party.57. C. Mutuality ofremedy is contractprovision by which bothparties are given the rightto the same remedy or toremedies of equal effect.58. D. Necessary termsare contract provisionsfor the goods, price,delivery time, andpayment, without whichterms a contract isgenerally consideredunenforceable unless theparties have partially orfully performed it.59. A. Negotiableinstrument is a writtendocument transferablemerely by endorsementor delivery.60. D. Offer is aproposal that is made toa specific individual orentity to enter into acontract.61. A. Open-endcontract is an agreementby which the buyer maypurchase the seller’sgoods at any time withina specified periodwithout changes in theprice or other contractterms.62. B. Output contractis an agreement by whichthe buyer agrees topurchase the seller’sentire production.63. A. Parol contract isa contract that is partlyor entirely oral.64. B. Parol evidencerefers to oral statementsthat are offered to provethe terms of a contract.65. C. Power ofattorney is a writtendocument by which oneindividual or entityauthorizes anotherindividual or entity toperform stated acts onthe principal’s behalf.66. B. Pro forma invoiceis an invoice provided bya supplier prior to a saleor shipment ofmerchandise to informthe buyer of the kindsand quantities of goodsbeing sent, their value,and specifications such asweight and size.67. C. Purchase order isa buyer’s written offer toa seller stating all termsand conditions of aproposed transaction.68. A. Requirementcontract is an agreementby which the selleragrees to furnish allgoods required by thebuyer for a specifiedtimed and at a certainprice, during which timethe buyer agrees topurchase such goodsfrom the sellerexclusively.69. C. Rescind is acontracting party’s rightto cancel the contract.70. B. Restitution is alegal remedy for breachof contract by which theparties are restored totheir original positionsbefore the contract wasmade or the breachoccurred.71. C. Severabilityclause is a contract termthat provides that eachprovision of the contractis independent of all ofthe others so that if acourt invalidates any ofthe clauses, the rest ofthe contract remainsvalid.72. A. Tyingarrangement is acondition of sale that aseller imposes on a buyer,requiring that if thebuyer purchases oneproduct, the buyer mustagree to purchase asecond product also,regardless of whether thebuyer wants bothproducts.73. B. Ultral vires refersto an act performedwithout the authority todo so.74. C. Unconscionableis unfair oroppressive…because theresult would be unjust.75. D. Unfaircompetition refers totrading and businessactivities that aredishonest or fraudulentas against the activities ofother traders.76. D.VAT tax is a taxbased on the value that isadded to goods ateach…than localproducts.77. D. Void ab initiomeans having no effectfrom the time of …takeseffect.78. A. Voidable is anagreement that is validbut …illegality in makingit.79. D. Waiver is hedocument acknowledgingthe abandoning of aclaim or right.80. C. Waiver is a contract provision by which one party represents to the other that certain facts are true.完形选择题目:Culture and Contract1.You should makeevery…of businessassociates2.Well-draftedcontracts…3.You should writethe…4.Your contractprovisions…5.You will need todetermine …6. C. disputes7. E. satisfaction8. A. agreement9. B. disputes10. D. performance题目:Culture and Foreign Trade1.Your success inforeign…2.These rules…3.Culture should be …4.Cultural awareness…5.These issuesinclude…6. B. advertisement7. D. inquiry8. E. reply9. A. acceptance10. C. breach题目:Contractual Protection of Intellectual Property1.Exclusive2.Infringement3.Infringing4.Infringer5.Remedies6.The Seller, and athird party who…7.The contract shouldrequire...8.The Seller’s IPR…9.The Buyeracknowledges…10.It is also an excellentidea…题目:Parties to theTransaction (fromchapter 3, 7, and 9)1.Quality2.Quantity3.Price4.Cost5.Interests6.Anticipate…7.Remain…8.Make a …9.Become familiar…10.Consider …题目:Contract andRelationship1.You must proceed …2.You must learn…3.Written contract…4.Whererelationships…5.Where contracts…6.Inquiry7.Recipient8.Customs9.Contract10.Response题目:Contract andCulture1.If you are courting…2.If you are too…3.Business deals…4.If you tender an …5.Provided you have…6.Adopt7.Know8.Practice9.Break10.Practice题目:Contract DisputeResolution: Negotiationand Mediation1.Dispute resolution2.Transaction3.Court actions4.Arbitration5.Negotiation6.The most…ck of …8.Facilitated by…9.On the future…rmal, relatively…题目:Contract DisputeResolution:Arbitration1.Disputes2.Performance3.Process4.Presentations5.Formality6.Arbitration maybe…7.Approacharbitration…8.The relatively…9.The arbitrationprocess tends to…10.The arbitrationprocess issomewhat…题目:InternationalLegal System1.that country’slegal …2.certain aspects ofyour…3. a court system…4.precedentsestablished…prehensive…6.judges7.evidence8.interpretations9.preceding caseswsuit题目:Types ofInternationalcommercialContracts12-161.inquiry2.offer3.order4.contract5.letter6.it may be …7.No contract…8.Conflicting …9.If goods…10.You may…题目:Types ofInternational commercialContracts17-211.possesses2.owns3.acts4.purchases5.resells6.hires a local…7.distribute goods or…8.gives possession…9.differs from…10.involve the sale…翻译E-C1.The buyer isresponsible for the followingcosts and charges incurred inthe sale and transport of thegoods as following.买方承担在货物运输和销售中产生的下述的成本和费用。
国际商务合同范本英文
国际商务合同范本英文International Business ContractThis International Business Contract (hereinafter referred to as the "Contract") is made and entered into on [date] and between:Party A:Name: [Party A's name]Address: [Party A's address]Contact Person: [Party A's contact person]Telephone Number: [Party A's phone number]Fax Number: [Party A's fax number]E Address: [Party A's e address]Party B:Name: [Party B's name]Address: [Party B's address]Contact Person: [Party B's contact person]Telephone Number: [Party B's phone number]Fax Number: [Party B's fax number]E Address: [Party B's e address]Article 1: Definitions and Interpretations1.1 Definitions: In this Contract, the following terms shall have the meanings assigned to them:"Goods" means the products or services to be provided Party A to Party B as specified in this Contract."Delivery Date" means the date on which the Goods are to be delivered Party A to Party B as agreed in this Contract."Payment Terms" means the conditions and methods of payment agreed upon the Parties for the Goods.1.2 Interpretations: Headings in this Contract are for convenience only and shall not affect the interpretation of this Contract. References to "include" or "including" shall be construed without limitation.Article 2: Subject Matter of the Contract2.1 Party A agrees to supply and Party B agrees to purchase the Goods as described in Appendix [Appendix number] attached to this Contract.2.2 The quantity, specifications, and other detls of the Goods shall be as specified in the Appendix.Article 3: Price and Payment3.1 The total price for the Goods is [amount] (inclusive of all taxes and charges).3.2 Party B shall make payment to Party A in accordance with the Payment Terms as follows:[Describe the specific payment schedule and methods, such as advance payment, installments, etc.]Article 4: Delivery and Acceptance4.1 Party A shall deliver the Goods to the designated location on or before the Delivery Date.4.2 Party B shall inspect the Goods upon delivery and notify Party A in writing of any defects or non-conformities within [number of days] days. If no notice is given within this period, the Goods shall be deemed accepted.Article 5: Quality and Warranty5.1 Party A warrants that the Goods shall conform to the specifications and quality standards set forth in this Contract and shall be free from defects for a period of [warranty period] from the date of delivery.5.2 In the event of any defect or non-conformity during the warranty period, Party A shall, at its own expense, repr or replace the Goods.Article 6: Intellectual Property Rights6.1 Party A represents and warrants that the Goods do not infringe upon any intellectual property rights of third parties.6.2 Party B shall indemnify and hold Party A harmless from any clms or actions arising from the alleged infringement of intellectual property rights related to the use or sale of the Goods Party B.Article 7: Confidentiality7.1 Both Parties agree to keep confidential all information disclosed during the course of this Contract and not to disclose it to any third party without the prior written consent of the other Party.7.2 This obligation of confidentiality shall survive the termination of this Contract.Article 8: Force Majeure8.1 Neither Party shall be liable for any flure or delay in performing its obligations under this Contract if such flure or delay is caused force majeure events, including but not limited to natural disasters, wars, strikes, and government actions.8.2 In the event of force majeure, the affected Party shall promptly notify the other Party in writing and provide evidence of the event and its impact on the performance of the Contract.Article 9: Termination and Breach9.1 Either Party may terminate this Contract giving written notice to the other Party in the event of a material breach of this Contract the other Party and the breach remns uncured within [number of days] days after receipt of the notice.9.2 In the event of termination, the Parties shall settle their outstanding obligations in accordance with the provisions of this Contract.Article 10: Dispute Resolution10.1 Any dispute arising out of or in connection with this Contract shall be resolved through friendly negotiation between the Parties.10.2 If the negotiation fls, the dispute shall be submitted to arbitration in accordance with the rules of [arbitration institution] or to the courts having jurisdiction.Article 11: Governing LawThis Contract shall be governed and construed in accordance with the laws of [jurisdiction].Article 12: Miscellaneous12.1 This Contract constitutes the entire agreement between the Parties and supersedes all prior negotiations, representations, and agreements.12.2 Any amendment or modification to this Contract shall be in writing and signed both Parties.IN WITNESS WHEREOF, the Parties have executed this Contract as of the date first above written.Party A (Signature): ____________________Party B (Signature): ____________________Date: ____________________Please note that this is just a sample contract and should not be used without professional legal advice and customization to meet your specific business circumstances.。
国际商务沟通Chapter07 International Business Contract
Get familiar with the form, terms, and characteristics of business contract
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Chapter 7
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Introduction of Business Contract
• Definition of Business Contract
A business contract is a legally binding agreement between two parties for an exchange of goods or services or intellectual property rights that are of value. For a contract to be valid, an offer must be made and accepted. Using a contract in business dealings helps ensure an agreement is acted on, insofar as a broken contract could result in a lawsuit or out-of-court settlement and the payment of damages caused by the breach of the contract. The best way to avoid a dispute or potential litigation, however, is to draft a solid agreement in which you are confident you have negotiated the best terms for your business.
英文国际商务合同范本
英文国际商务合同范本INTERNATIONAL COMMERCIAL CONTRACTTHIS AGREEMENT is made on the __________ day of __________, 20__, ("Effective Date") between __________ (hereinafter referred to as "Seller"), with its registered office at__________, and __________ (hereinafter referred to as "Buyer"), with its registered office at __________.WHEREAS, the Seller is engaged in the business of manufacturing and selling __________ and the Buyer wishes to purchase __________ from the Seller on the terms and conditions set forth herein.NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, the parties agree as follows:1. PURCHASE ORDER: The Buyer shall place orders for the purchase of the Products in accordance with the terms of this Agreement.2. PRICE: The price for the Products shall be as set forth in the Purchase Order, and is subject to the terms and conditions stated herein.3. PAYMENT TERMS: The Buyer shall make payment for the Products in accordance with the terms stated in the Purchase Order, which shall be subject to the following conditions:a. Payment shall be due __________ days after the date of the invoice.b. The Buyer shall make payment in the currency specified in the Purchase Order.4. DELIVERY: The Seller shall deliver the Products to the location specified in the Purchase Order within the time frame agreed upon.5. FORCE MAJEURE: Neither party shall be liable for any failure or delay in performing its obligations under this Agreement to the extent that such failure or delay is caused by circumstances beyond the reasonable control of that party ("Force Majeure"), including but not limited to, acts of God, war, terrorism, civil unrest, labor disputes, or any other causes beyond the reasonable control of the affected party.6. WARRANTY: The Seller warrants that the Products shall be free from defects in material and workmanship for a period of __________ from the date of delivery.7. INFRINGEMENT: The Seller represents and warrants that the Products do not infringe any patent, copyright, trademark, trade secret, or other intellectual property right of any third party.8. TERMINATION: Either party may terminate this Agreement upon __________ days' written notice to the other party if the other party materially breaches any provision of this Agreement and fails to cure such breach within __________days after receipt of written notice of the breach.9. CONFIDENTIALITY: The parties agree to keep confidentialall information disclosed by one party to the other which is marked as confidential or which should be reasonably understood to be confidential given the nature of the information and the circumstances of disclosure.10. GOVERNING LAW: This Agreement shall be governed by and construed in accordance with the laws of the __________ without giving effect to any choice or conflict of law provision or rule that would cause the application of the laws of any jurisdiction other than those of the __________.11. DISPUTE RESOLUTION: Any dispute arising out of or related to this Agreement shall be resolved by arbitration in accordance with the rules of the __________.12. ENTIRE AGREEMENT: This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements and understandings, whether written or oral.13. AMENDMENTS: This Agreement may be amended or modified only by a written instrument executed by both parties.14. ASSIGNMENT: Neither party may assign its rights or delegate its obligations under this Agreement without the prior written consent of the other party, except that the Seller may assign this Agreement to an affiliate or in connection with a merger or sale of all or substantially allof its assets.15. NOTICES: All notices, requests, demands, and other communications required or permitted hereunder shall be in writing and shall be deemed given when delivered personally or by overnight courier service, or three days after being sent by registered or certified mail, postage prepaid, return receipt requested, to the respective addresses of the parties set forth above or to such other address as either party may specify in writing.IN WITNESS WHEREOF, the parties have executed this Agreement as of the Effective Date.SELLER: __________By: __________ Name: __________BUYER: __________By: __________ Name: __________ Title: __________。
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Insurance:
To be effected not later than 31st
December,allowing part shipment and Time of transhipment. Shipment:
To be covered by the sellers for 110% of the invoice value
3. Body (1) Definition clause; (2) Specific conditions; (3) General conditions. Including duration, termination, force majeure, assignment, arbitration, governing law, jurisdiction, notice, “Entire agreement” clause, amendment and others.
At Sellers’ Option
By irrevocable L/C at sight to reach the Sellers a month prior to the time of shipment
and remain valid for negotiation in China until the 15th day after the final date of shipment.
In international trade, a contract can be drawn up either by the seller or the buyer. Respectively, it is called a sales contract/ confirmation or a purchase contract/ confirmation. Whatever they are named, they are equally binding on the parties.
against All Risks and War Risk as per CIC dated 1st January,
1981.
China Port
Port of Shipment:
Port of Destination:
New York
Shipping Marks: Terms of Payment:
Beijing
11th
Done and signed in
on this
dayBiblioteka of,2005.
Commodity: Specifications: Quantity:
1 000 Bicycles
Model MB28
In wooden cases Unit Price:
At US$70 each CIF New York
Total Value: Packing:
US&70 000(Say Us Dollars Seven Thousand Only)
What’s more, the former is appropriate to transactions of large amount and huge quantity because of its detailed clause which can prevent the occurrence of disputes. If the amount is not large or the business is done by means of agency arrangement or exclusive sale agreement, the sales or the purchase confirmation is often used.
International Business Contracts
国际商务合同
Objectives
通过本章的学习,帮助学生掌握:
1. 商务英文合同的种类 2. 商务合同的格式及写作要求、语言特色 3. 合同翻译的注意事项并熟练翻译相关合同
A contract is an agreement between two or
Generally, a formal written contract includes the following parts: 1. Title 2. Preamble (1) Date of signing; (2) Signing parties; (3) Place of signing (4) Recitals or WHEREAS clause.
Sellers: Buyers:
General Trading Company, New York
This contract is made by and between the Buyers and the Sellers, whereby the Buyers agree to buy and the Sellers agree to sell the undermentioned commodity according to the terms and condition“s sFtiopruelvaeterd“bBerlaonwd: Bicycles
The sales or purchase contract is more formal than the sales or purchase confirmation. Next, the former contains more details than that in the latter. The former usually consists of commodities, specifications, quantity, packing, marking, price, shipment, port of shipment and port of destination, and payment as well as those clause concerning insurance, commodity inspection, claims, arbitration and force majeure, etc; while the later only includes several main items.
Should any conflicts between the two sides arise later, reference is generally made to the contract in an effort to resolve the misunderstandings.
In international trade, contract varies in both names and forms, which mainly include: Agreement, Sales Note, Sales Agreement, Sales Contract, Sales Confirmation/Confirmation of Sales/ Acknowledgement of Sales, Confirmation of Order, Purchase Agreement Contract, Purchase Note, Order Sheet/ Purchase Order,
4. Witness clause (1) Concluding sentence; (2) Signature; (3) Seal;
AC4789 SALES CONTRACT Beijing light Industrial Imp. & Exp.
Contract No.
Corporation
more persons, concerning something to be done, whereby both parties are bound to each other, or one is bound to the other. It is an agreement which sets forth binding obligations of the relevant parties.