合同翻译2

III. Analysis of agency agreement (see text)


a) Words in capitalization or in full capitalization Agency Agreement/ the Company/ the Agent/ Products/ WHEREAS/ Territory/ Customers/ Business Plan/ Contract Year/ Agent Launch Date/ Appendix/ (see end part)
Session Two Agency Agreement
General contractual clauses (通用合同条款)




(opening)preamble/whereas clause definition & interpretation obligations & duty breach of contract & force majeure governing law & dispute settlement termination of a contract miscellaneous ( conclusion: language & version/text)
EXAMPLE

Preamble This Contract made and entered into this X (day) of X(month), 20,-(year), by and between ABC Co. Ltd., a corporation organized and existing under the laws of XXX country, having its principal office at ( place ) , ( country ) (hereinafter called the Employer) of the one part and XYZ Co. Ltd., a corporation organized and existing under the laws of XXX country, having its principal office at ( place ), ( country ) ( hereinafter called the Contractor) of the other part



with respect to/ in respect of ( 与…有关 ) without the express prior written consent/notice ( 未 经明确的预先书面同意/通知) shall not be unreasonably withheld ( 不应无理拒绝 ) reasonable best efforts ( 尽所有努力 )/ reasonably necessary ( 充分必要的) deem as fair and equitable ( 被视为公平公正的 ) in the opinion of (认为/看法 ) in Appendix B ( 在附录B中 )


As far as international trade in goods is concerned, there are mainly two types of agent: general agent and exclusive agent / sole agent. A general agent is an individual or a business organization that acts upon the instructions or directions given by the principal(s) to sell or to buy goods under the best terms obtainable. A general agent charges a commission for the services provided under some sort of agency agreement or contract.
百度文库


Article 1 Definition Each of the terms used in this Contract shall have the meaning defined as follows: ……. Article 2 …….. Article 3 ……… Conclusion IN WITNESS WHEREOF, the parties have executed this Contract in duplicate by their duly authorized representatives on the date first above written.





b) Preamble by and between (由…两方) under the laws of ( 依…法律) WHEREAS(鉴于) hereinafter referred to as / hereinafter known as (以下称) appendix(附录) enter into (达成/签署) whereby ( by which of ) herein (本协议中)/ hereby (特/在此) in consideration of (以…为约因/考虑到) premises (前述文件) covenants (约定/契约/合约)
Introduction

A considerably large part of international trade is handled by means of agency. Both large-sized and small- and medium-sized business firms find it more economical and less risky to sell and/or buy goods or services with the help of foreign agents. An important reason for appointing a foreign agent is his knowledge of the local market conditions and his extensive business connections. The agent knows well what products are most suitable for the local market and what prices are affordable to the local customers or consumers. Therefore, the principal can develop trade in a foreign market by appointing an agent, and can save both the expense and the trouble involved in setting up a presence and looking for potential buyers or sellers in a foreign market.
I. Basic contents of an agency agreement


the nature and duration (term) of the agency; the territory to be covered; the obligations /duties of both agent and principal; the method of purchase and sale; details of commission and expenses to be allowed; the governing law; sending market reports / accounts / payment; the arbitration arrangement in the event of disputes; other items.
c) 1.(1.1-1.5)




subject to ( 以…为准/受制于/按照… ) section (节)/ paragraph(段) the said (上述的) shall (应,应该) including but not limited to/ including without limitation to ( 包括但不局限于 ) prevail ( 盛行/以…为法律依据) thirty (30)days ( 30天) prior to (以前) in good faith (诚信) set forth (规定)
II. The format of an agreement/contract: stylistic features

Opening/preamble; body; main articles/; and closing parts. A contract is by nature a legal document. It is usually made up of an opening, the body, which consists of general and legal clauses/articles, and the concluding part. The opening part of the contract is often called the preamble, which briefly states the willingness and commitments of the signing parties and the implementation of the said Contract. It includes names of the parties concerned and the nature of the agreement, etc. While in the concluding part, it contains time and place of signing, and the effect-taking and expiration, etc.

An exclusive agent or a sole agent is an individual or a business organization that operate exclusively for one foreign principal with the exclusive or sole agency right to sell goods on a commission basis in a certain territory under some kind of agency agreement or contract.



WITNESSETH WHEREAS, the Employer is desirous that manpower should be supplied for construction of XXX project at ( place ), ( country) ( hereinafter called the Works), and WHEREAS, the Contractor is desirous to supply the manpower for the Works, NOW THEREFORE, in consideration of the premises and of the mutual covenants to be faithfully performed herein contained, the parties hereto agree as follows: