对外经贸英语合同写作第8章
【精品】国际贸易 商务函电 英语版unit 8(可编辑
Contents
▪ Part One
Basic Knowledge Concerned
▪ Part Two
Letter-writing Guide
Other Commonly Used Expressions and Sentences ▪ Part Three
2.Indicating your decision: do or do not accept the packing requirements
We are ready to accept your packing requirements. 我们打算接受贵方的包装要求。 We feel regretful to inform you that... 遗憾地告诉贵方……
Thanks for your packing guidance, but regret our inability to meet your request of the special packing material. 谢谢贵方的包装指示,不过遗憾的是我们没有能力满足贵方 对使用这种特殊包装材料的要求。
a packing list to confirm the detailed information of the shipment of cargo exported. From the packing list, the buyer and the carrier can determine in how many packages the whole lot is packed and the particular items in each package. We can also regard a packing list as a more specific version of a commercial invoice without price information.
大学核心商务英语写作教程unit 8 Sales and Contract
2. What do you think a contract should consist of?
• Title • Body • Date • Place • Signature, etc.
2020/12/10
3. Can you list some kinds of contracts?
• The sales letter is a form of advertisement. Its main purpose is to expand business by selling a particular kind of goods or services to selected types of customers.
that you have a product they would like to buy and
resell, then they will continue reading. Otherwise the
letter goes into the trash.
2020/12/10
• Effective sales letters generally have four paragraphs and are arranged in the following manner:
•
In external trade, the business contract is the
symbol of achievement of the partnership for both sides.
A contract is generally a formal written agreement,
you show the buyer how he/she will benefit from
新编外经贸英语函电与谈判课件unit08
• (3) • Dear…:
• In reply to your letter of September 4 regarding insurance:
• Your customer’s request for insurance coverage up to the inland city is acceptable on condition that such extra premium is for his account. • Second, we cannot grant you insurance coverage for 150% of the invoice value, because the contract stipulates that insurance is to be covered for 110% of invoice value. • We trust the above information serves your purpose. Meanwhile we await your reply. • Sincerely,
• (2) • Dear…:
• Regarding your instructions dated May 8, we have insured your shipment of 5,000 sets of “Butterfly” Sewing Machines shipped from Shanghai on board S.S. “Fengching”, sailing for New York on May 20th, as per the policy enclosed. Please remit $1,200 to our account for this policy by bank check.
外语经贸函电课件unit8
Perils of the sea 海上风险 Extraneous risks 外来风险
Marine Risks
Perils of the sea are those caused by natural calamities and accidents.
General Additional Coverage 一般附加险
General additional coverage includes:
偷窃、提货不着险 淡水雨淋险 短量险 混杂、沾污险 渗漏险 碰损、破碎险 串味险 受潮、受热险 钩损险 包装破裂险 锈损险
Losses
实际全损 (Actual T.S) 推定全损 (constructive T.S) 共同海损 (General Average) 单独海损 (Particular Average)
Total Loss (全 部损失)
海损
Partial Loss (部分损失)
Total loss
Total loss refers to the loss of the entire shipment caused by the occurrence of one of the perils of the sea, fire, or some other reasons. 由于海难,火灾或其他原因引起 的全部运输货物的损失,灭失或全部变质, 或不可能归还被保险人。 In includes actual total loss and constructive total loss. 分为实际全损和推 定全损。
Marine Insurance
经贸英语Unit8
在国际贸易合同的执行过程中,如果有一方违反了合同规定,另一方则 有权利根据相关合同条款向违约方投诉或索赔。提出索赔的情况通常为:货 物质量问题、延期装运、货物数量短缺或包装/标记不当。质量问题指的是样 品和交付的货物之间存在偏差;货物数量短缺通常由于包装损坏或本身货物 数量不够引起;延期交货的原因比较多,如工作疏忽或不可抗力等;包装或 发货标记出现问题的频率不高,因为卖方通常都会非常严格地执行合同中关 于包装和发货标记的规定。 在为上述任何一个原因索赔时,索赔方必须以法律和事实为依据,搜集 相关材料和证据并进行分类,包括各种商业文件、信件、报告、双方工作人 员签署的备忘录等等。除了收集信息之外,索赔人还要注意索赔的效力,即 索赔人进行索赔的时间限制。通常情况下,索赔的时效在合同中都有规定或 由检验条款决定。如果合同中没有规定的话,时效可以根据相关的法律、国 际惯例或传统决定。
Home
Unit 8
Complaint and Claim
Reading A
Background Information Task 1
Text
Task 2 Task 3 Task 4
Home
Background Information
A claim is a legal action to obtain money, property, or the enforcement of a right against another party. The legal document which carries a claim is called a Statement of Claim. It can be any communication notifying the addressee of alleged faulty execution which resulted in damages, often expressed in amount of money the party should pay/ reimburse. There are several issues of concern when filing a Statement of Claim. Although to file a Statement of Claim is fairly straight forward, it is important it be done properly or you may lose your case due to a simple technicality. A claim is a legal statement made to alert the accused of the legal implications. < Back
国际经贸英语合同写作翻译
1.保险:由卖方按中国人民保险公司海洋货物运输保险条款照发票总值110%投保综合险及战争险。
如买方欲增加其他险别或超过上述保额时须于装船前征得卖方同意,所增加的保险费由买方负担。
Insurance:To be covered by the Sellers for 110% of invoice value against All Risks and War Risk as per the relevant Ocean Marine Cargo Clauses of the People’s Insurance Company of China.If other coverage or an additional insurance amount is required, the Buyers must have the consent of the Sellers before shipment,and the additional premium is to be borne by the Boyers.2.付款条件:买方应由卖方可接受的银行不可撤销的即期信用证,于装运月份前30天开到卖方并至装运月份后第15天在中国议付有效。
Terms of Payment:The Buyers shall open with a bank acceptable to the Sellers an Irrevocable Sight Letter of Credit to reach the Sellers 30 days before the month of shipment,valid for negotiation in China until the 15th day after the monthe of shipment.3.不可抗力:如由于不可抗力的原因,致使卖方不能全部或部分装运或延迟装运合同货物时,卖方对于这种不能装运或延迟装运不负有责任。
对外经贸英语合同写作第8章
例2:
应以装运口岸中国出入境检验检疫局签发 的重量证作为最好依据。 The certificate of quanlity issured by /made by/by the China Entry-Exit Inspection and Quarantine Bureau at the port of shippment is to be final.
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(二)政府检验机构
我国的商检机构是: 1. “中国进出口商品检验局(the Chia Import and Export Commodity Inspection Bureau,简称 CIECIB)”和 2. “中国进出口商品检验总公司(ChinaNational Import&Export Commodities Inspection Corp, 简称CCIC) ” 以及它在全国各地的分支机构。
9
例1:双方同意以装运港中国进出口商品 检验局签发的品质及数量检验证书为最后 依据对双方具有约束力。
It is mutually agreed that the goods are subject to the Inspection Certificate of Quality and Inspection Certificate of Quantity issued by China Import and Export at the port of shipment. The Certificate shall be binding on both parties.
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例如:
在交货前制造商应就订货的质量、规格、 数量、性能做出准确全面的检验,并出具 货物与本合同相符的检验证书。该证书为 议付货款时向银行提交单据的一部分,但 不得作为货物质量、规格、数量、性能的 最后依据,制造商应将记载检验细节的书 面报告附在品质检验书内。
Unit eight外贸函电
E-mail 2
Titanium Ores 锡矿石 The high quality of our products and the smooth execution of your first order leads to further cooperation between us. 我方高质量的产品以及贵方首次订单的顺利执行使 得我们进行进一步的合作。 Execution of an order ? After an order is placed and a contract is signed, it is time to fulfill or execute the order, including make payments, packing, shipping, the insurance and so on.
When ?
1. In which situation, can a short form of contract, i.e. a Sales Confirmation or a Purchase Order be possibly used? a high degree of trust between the exporter and importer; with relative small amount 2. In which situation, can a long form of contract, i.e. a sales contract or a purchase contract be possibly used? a comparatively low degree of trust; the transacted goods are complicated; with a larger total amount
国际贸易合同模板英文
国际贸易合同模板英文Contract No.:This International Trade Contract (the "Contract") is made and entered into as of [Date], by and between:Seller: [Name of Seller]Address: [Seller's Address]Contact: [Seller's Contact Information]Buyer: [Name of Buyer]Address: [Buyer's Address]Contact: [Buyer's Contact Information]Hereinafter referred to as "Party" or collectively as "Parties".Whereas, Seller is engaged in the business of [Seller's Business], and Buyer is engaged in the business of [Buyer's Business];Whereas, both Parties agree to enter into this Contract for the purchase and sale of goods as described herein;Now, therefore, in consideration of the mutual covenants and agreements contained herein, the Parties agree as follows:1. Goods1.1. Seller agrees to sell and deliver to Buyer, and Buyer agrees to purchase from Seller, the following goods (the "Goods"):- Description of Goods 1- Description of Goods 2- Description of Goods 3- …- Description of Goods n1.2. The quality, quantity, specifications, and price of the Goods shall be as set forth in Exhibit A attached hereto.2. Delivery2.1. Seller shall deliver the Goods to Buyer at the following location:- Delivery Address2.2. The delivery date shall be as specified in Exhibit A. Seller shall use its best efforts to deliver the Goods to Buyer on or before the delivery date.2.3. Buyer shall bear all costs and risks associated with the transportation, insurance, and delivery of the Goods.3. Price and Payment3.1. The price of the Goods shall be as set forth in Exhibit A.3.2. Buyer shall make payment to Seller for the Goods in the following manner:- Payment Terms3.3. Payment shall be made in the currency specified in Exhibit A.4. Inspection and Acceptance4.1. Buyer shall inspect the Goods within [Number] days of delivery. If the Goods do not conform to the specifications set forth in Exhibit A, Buyer may reject the Goods by providing written notice to Seller.4.2. If Buyer does not provide written notice of rejection within the specified time frame, the Goods shall be deemed accepted by Buyer.5. Warranty5.1. Seller warrants that the Goods shall conform to the specifications set forth in Exhibit A and shall be free from defects in materials and workmanship.5.2. Seller's liability under this warranty shall be limited to either (a) replacement of the defective Goods or (b) refund of the purchase price.6. Force Majeure6.1. Neither Party shall be liable for any delay or failure to perform its obligations under this Contract if such delay or failure is caused by a force majeure event, including but not limited to acts of God, labor disputes, or governmental action.7. Governing Law and Dispute Resolution7.1. This Contract shall be governed by and construed in accordance with the laws of [Jurisdiction].7.2. Any dispute arising out of or relating to this Contract shall be resolved through negotiation between the Parties. If the Parties are unable to resolve the dispute throughnegotiation, the dispute shall be resolved through arbitration in accordance with the rules of [Arbitration Institution].8. Entire Agreement8.1. This Contract constitutes the entire agreement between the Parties with respect to the subject matter hereof and supersedes all prior agreements and understandings, whether written or oral.9. Modification9.1. No modification or amendment to this Contract shall be valid unless in writing and signed by both Parties.In witness whereof, the Parties have executed this Contract as of the date first written above. Seller: [Signature] Buyer: [Signature]Name: Name:Title: Title:Exhibit A: Description of Goods and Specifications, Price, Delivery Date, and Other Terms and Conditions.。
Unit 8 Payment Letters of Credit《外贸英语函电》PPT课件
remit the sum in the following manner:
• a)Mail Transfer(M/T)
• b)Telegraphic Transfer(T/T)
• c)Demand Draft(D/D)
financing and promote business to mutual benefit.However,we
consider it advisable to make it clear that D/P or D/A is only
accepted if the amount involved for each transaction,with other
documentary collection 跟
单托收
category n.范畴
documents against payment
(D/P) 付款交单
documents against
acceptance(D/A) 承兑交单
New Words & Expressions
payment.
Where the paying arrangement is D/A,the collecting bank will only
give the buyer the shipping documents after buyer s acceptance
of the bill drawn on him,i.e.the buyer signs his name on the bill
• London Office
合同—对外经济合同英文写作中英文版
合同—对外经济合同英文写作中英文版Contract - International Trade ContractParty A: ________________Address:__________________Legal Representative: ______________Tel: ______________________Fax: ______________________Email: ____________________Party B: ________________Address:__________________Legal Representative: ______________Tel: ______________________Fax: ______________________Email: ____________________Both parties reached the following agreement:1. IdentityParty A is a company registered legally in China, with the right to engage in foreign trade activities. Party B is a company registered legally overseas, with the right to engage in foreign trade activities.2. Rights and ObligationsParty A has the right to sell the products listed in this contract to Party B, and Party B has the right to purchase the products.Party A shall deliver the products to Party B according to the agreed terms and conditions in this contract. Party B shall makepayment to Party A according to the agreed terms and conditions in this contract.Both parties shall perform their obligations under this contract in good faith, and shall not engage in any activities that may damage the other party's interests.3. Payment and Delivery TermsParty B shall pay the price of the products to Party A via wire transfer within 30 days after the date of delivery.Party A shall deliver the products to Party B within 15 days after receiving the payment.4. Product Quality and After-sale ServiceParty A guarantees that the products meet the requirements agreed upon in this contract and are free from defects.If the goods have quality problems, Party B shall inform Party A within 7 days after receiving the products, and Party A shall take responsibility for replacement or refund.5. Force MajeureIf either party cannot perform the obligations under this contract due to force majeure, such as natural disasters, wars, strikes, etc., the affected party shall notify the other party immediately and take reasonable measures to minimize losses.6. Governing Law and JurisdictionThis contract shall be governed by and construed in accordance with the laws of the People's Republic of China.Any disputes arising from or in connection with this contract shall be settled through negotiation between the parties. In case no agreement is reached, either party may bring a lawsuit to the court in the place where Party A is registered.7. Legal Effectiveness and EnforceabilityThis contract shall be in writing, and signed by both parties. It shall go into effect upon the signature of both parties and shall be enforceable by law.In witness whereof, the parties have executed this contract on the date and year first above written.Party A: ___________________________ Party B: ___________________________Signature: ___________________________Signature: ___________________________Name: ___________________________Name: ___________________________Date: ___________________________Date: ___________________________。
外贸合同英文作文
外贸合同英文作文Title: Sample Foreign Trade Contract。
Contract Number: [Insert Contract Number]Date: [Insert Date]Parties:Seller: [Insert Seller's Name and Address]Buyer: [Insert Buyer's Name and Address]1. Subject Matter。
This contract is made and entered into between the Seller and the Buyer for the sale and purchase of [insert description of goods or services] as detailed below:Description of Goods/Services: [Insert Description]Quantity: [Insert Quantity]Unit Price: [Insert Unit Price]Total Price: [Insert Total Price]2. Delivery Terms。
The Seller shall deliver the goods/services to the Buyer's specified location as follows:Delivery Location: [Insert Delivery Location]Delivery Date: [Insert Delivery Date]3. Payment Terms。
The Buyer shall make payment to the Seller in the following manner:Payment Method: [Insert Payment Method]Payment Terms: [Insert Payment Terms]4. Quality Assurance。
对外经贸英语装运条款合同写作
1
2008,3月,20前装运/3月底前装运
2
Shipent by (on or before) 20th March/ before the end of March
3
3月4月5月间装运
4
Shipment in (during) March / April /May
5
收到信用证后60天内装运
6
Shipment within 60 days after receipt of L/C
分批装运后约定等量等期装运
/weekly )instalments(shipments/lots) each of (of …each) beginning (commercing) from (with /in )
或shipment in …months(weeks/quarters) in equal installment (shipments/lots) each of (of…each) lll commercing(beginning) with(in/from)
Shipment in ……equal monthly(quarterly
从…起,分几批等量按月/季/星期,每批装多少
或shipment to be spreaded equal over three months of …each(each of…)
4. 分批装运后不等量,不等期 例如 :六月间装200公吨,9月间装100公吨 To ship 200 M/T during/in June,and 100 M/T during in September 四、装船(transhipment) Transhipment at……is allowed /permitted Transhipment at……is not allowed /permitted/ prohibited/ forbidden 例如:装运期:1995年5月装船在哥本哈根装船 Time of shipment: In May 1995, Transhipment at Copenhagen is allowed /permitted
外贸英语函电Unit 8 A Sales Contract
省略形式,Once entered into =Once a contract is entered into 合同一经签订 bind v. 约束;使负有义务;绑;装订 bind sb/oneself (to sth) (用责任或法律 义务)约束某人 binding a. 有约束力的 Enforceable a. 强迫的;强制性的 Enforce vt. 执行;强迫;实施;迫使
Fulfill vt. 履行,实现,完成 Fulfill one’s obligations 履行义务 Fail to do sth 没有; 未能(做某事);忘记 Fail to fulfill the obligations 未能履行 义务 Compensate v.偿还, 补偿, 付报酬 Make compensation for one`s losses 赔偿(或补偿)某人的损失 loss [ lɔs ] n. 丧失,损耗,损失
Draw v. 画, 绘制, 开出,签发(支票等),抽签 1. Draw up 草拟;制定 Eg. The contract is being drawn up. 合同正在草拟之中 Eg. The terms were drawn from the most common practices of international trade. 这些术语是按国际贸易中最常见的惯例制定的. 2. 开出,签发(支票等) Eg. The bill was drawn on an American bank. 所开票据是经由一家美国银行支付的. Eg. We will draw D/P against your purchase. 对你方购货,我们将按付款交单方式收款.
8. 仲裁条款(ARBITRATE CLAUSES):凡因本合同引 起的或与本合同有关的争议,均应提交中国国际经济 贸易委员会,按照申请仲裁时该会现行有效的仲裁规 则进行仲裁,仲裁地点在______,仲裁裁决是终局, 对双方均有约束力。外贸产品推广 Any dispute arising out of in connection with this contract shall be referred to china international economic and trade arbitration commission for arbitration in accordance with its existing rules of arbitration. the place of arbitration shall be __________. the arbitral award is final and binding upon the two parties. 备注(REMARK): 卖方(SELLERS): 买方(THE BUYERS ):
国际经贸英语合同写作上册课后答案
国际经贸英语合同写作上册课后答案International Business English Contract WritingChapter 1: Introduction to Contract Writing1. What is a contract?A contract is a legally binding agreement between two or more parties that outlines the terms and conditions of their business relationship.2. What are the key elements of a contract?The key elements of a contract include offer, acceptance, consideration, legality, capacity, and consent.3. Why is contract writing important in international business?Contract writing is important in international business to ensure that all parties involved understand their rights and obligations, and to prevent misunderstandings and disputes.4. What are the differences between domestic and international contracts?International contracts often involve parties from different countries, multiple legal systems, and various currencies, making them more complex than domestic contracts.Chapter 2: Contract Types and Formats1. What are the different types of contracts?The different types of contracts include sales contracts, distribution agreements, licensing agreements, and joint venture agreements.2. What formats can contracts be written in?Contracts can be written in various formats, such as standard forms, letters of intent, memoranda of understanding, and formal written agreements.3. How can cultural differences impact contract writing?Cultural differences can impact contract writing by affecting language interpretation, negotiation styles, and business practices. It is important to consider cultural differences when drafting international contracts.Chapter 3: Contract Clauses and Terms1. What are boilerplate clauses?Boilerplate clauses are standard contract terms that are often included in contracts to address common issues, such as termination, indemnification, and governing law.2. What are the key terms to include in a contract?Key terms to include in a contract include payment terms, delivery terms, warranties, dispute resolution mechanisms, and confidentiality provisions.3. How can language be used to clarify contract terms?Language can be used to clarify contract terms by defining key terms, avoiding ambiguous language, and using clear and concise language.Chapter 4: Contract Negotiation and Drafting1. What are the key steps in contract negotiation?The key steps in contract negotiation include identifying the parties' interests, discussing and negotiating the terms of the contract, and reaching a mutual agreement.2. How can contracts be drafted effectively?Contracts can be drafted effectively by clearly outlining the parties' rights and obligations, using specific language, and referencing relevant laws and regulations.3. What are common pitfalls to avoid in contract drafting?Common pitfalls to avoid in contract drafting include using vague language, omitting key terms, and failing to capture the parties' intentions accurately.In conclusion, contract writing is a vital skill for professionals in international business. By understanding the key elements of contracts, the different types and formats of contracts, the importance of contract clauses and terms, and the best practices for contract negotiation and drafting, professionals can successfully navigate the complexities of international business contracts and build strong business relationships.。
对外经济合同英文写作课件
对外经济合同英文写作
Unit One Some Language Features in the Contract Documents
第一,选用正式的或法律条文的用词 The Contract document is a legal document which the Parties to the Contract shall comply with. The language used in the contract documents shall be clear, unadorned and legal. One language feature in Contract documents is wording. The words and phrases used in the said documents shall be legal, formal, and accurate.
require表示上对下的要求,表示法律条款对合同当事人 的 要 求 。 而 ask 一 词 没 有 这 么 明 确 , 它 含 有 request 和 require之意,其中request表示下对上的要求,在译成中 文时,为“请求”。可见在此句中只能用require为最恰 当。 2 2)under Clause 31根据第31条规定, under为法律英语 正式用词,表示“根据、对外按经济照合同”英文写之作 意。
(5) If under Clause 31 the Employer employ other Contractors on the Site he shall require them to have the same regard for safety and avoidance of danger. 如果根据第31条规定,业主在现场还雇用其他承包人时, 业主应同样地要求这些承包人在安全和避免危险方面负同 样的责任。Notes: 1 1) 句 中 require 是 正 式 用 词 , 比 ask 正 式 。 而 且 ,
对外经贸函电课程课件 Unit 8 Payment(II)
whereabouts 哪一带,下落(用于疑问句,不要求准确地点)the place or area someone or sth. is Whereabouts do you live? 你住在哪一带?
When is an extension of L/C is needed?
A L/C has two important time limits: the expiry date of the L/C, and the date of shipment. If the seller foresees that it may not be able to make shipment in time, he should ask for an extension before the date of shipment ends or before the L/C expires.
We hope this letter will receive your prompt attention. Sincerely,
expedite
加快(进程等),迅速处理(事情等)to make a process happen more quickly strategies to expedite the decision-making process expedite shipment加速装运 expedite the relevant L/C 从速开立有关信用证
国际经贸合同英语写作
SALES CONTRACTNO:DATE:THE BUYERS: ABC CHEMICALS EQUIPMENTS CO.LTD,234 WEST HASTING STREET,V ANCOURVER,B.C. , CANADATHE SELLERS: NUC INTERNATIONAL TRADE CO. LTD.NO.5 XUEYUAN ROAD,JIANCAOPING DISTRICTTAIYUAN, CHINAThis Contract is made by and between ABC CHEMICALS EQUIPMENTS CO.LTD,234 WEST HASTING STREET,V ANCOURVER,B.C., CANADA (hereinafter called Buyers) and NUC INTERNATIONAL TRADE CO. LTD, ADRESS:NO.5 XUEYUAN ROAD,JIANCAOPING DISTRICT,TAIYUAN, CHINA (hereinafter called Sellers), in may 21th, 2013 whereby the Buyers agree to buy and the Sellers agree to sell the under mentioned commodity according to the terms and conditions stipulated below: of Commodity and Quantity:RP Plastic Water CUP, 100,000(One Hundred Thousand) PICS-10% more or less at Buyers’option.The Buyers shall inform the Sellers of this option within one month prior to the completion of this contract2.Specifications:RP Plastic water cup is made of PC plastic, and with a triangle mark which with a 7 in the middle on the bottom of the cup.Class: ASpecifications: 9.5*7*10.5cmPeople Applicable :adultForm: round3.Price: US $15 (Fifteen US Dollars)per carton CIF Vancouver ,B.C.Total value :US $150,000(US Dollars One Hundred Fifty Thousand ONLY)4.Destination: Vancouver5.PACKING: To be packed with 10 pics in a carton, suitable for the shipment.6.SHIPPING MARK: The Sellers shall mark on each package with fadeless paint the package number, gross weight, measurements.7.TIME OF SHIPMENT: Before July. 21, 20138.PORT OF SHIPMENT: TIANJIN9.PORT OF DESTINATION: V ANCOURVER10.INSURANCE: To be covered by the Buyers for 110% of invoice value against All Risks as per the relevant Ocean Marine Cargo Clauses of ICC.11. PAYMENT: The Buyers shall open though the Citi Bank ,Vancouver an irrevocable letter of credit in favour of the Sellers in Us dollars covering the CIF value of shipment payable against receipt by the insuring Bank of the following shipping documents:(1)A full set(including three copies of negotiable and non-negotiable)and clean on board Bill of Lading ,made out to order ,blank endorsed .(2)Provisional invoice covering an amount corresponding to the full value of the shipment.(3)Certificate of quality determination issued by the Sellers at the port of lading.The Buyers shall open the relative letter of credit latest 21days before the arrival of the carrying vessel at the port of loading with validity for 90 days from the date of opening.12.SHIPPING ADVICE: The Sellers shall, immediately upon the completion of the loading of the goods, advise by cable/letter the transportation department of Buyers of this Contract ,Commodity, quantity, invoice value, ocean bill, airway bill No., name of vessel and date of sailing etc. In case the Buyers fail to arrange insurance in time due to the Sellers having failed to cable in time all losses shall be borne by the Sellers.13.INSPECTION:It is mutually agreed that the China Commodity Inspection Bureau at theport of shipment shall be taken as the basis of delivery, and the goods shall be inspect by CSA at the port of destination.14.CLAIMS: Within 90 days after the arrival of the goods at destination, should the quality, specification or quantity be found not in conformity with the stipulations of the Contract except those claims for which the insurance company or the owners of the vessel are liable, the Buyers on the strength of the Inspection Certificate issued by the CSA, have the right to claim for replacement with new goods, or for compensation, and all the expenses (such as inspection charges, freight for returning the goods and for sending the replacement, insurance premium, storage and loading and unloading charge etc.) shall be borne by the Sellers. As regards quality, the Sellers guarantee that if, within 12 months from the date of arrival of the goods at destination, damages occur in the course of operation by reason of inferior quality, bad workmanship or the use of inferior materials, the Buyers shall immediately notify the Sellers in writing and put forward a claim supported by Inspection Certificate issued by the CSA. The Certificate so issued shall be accepted as the base of a claim. The sellers, in accordance with the Buyers claim shall be responsible for the immediate elimination of the defect(s), complete or partial replacement of the commodity or shall devaluate the commodity according to the state of defect(s). Where necessary, the Buyers shall be at liberty to eliminate the defect(s) themselves at the Sellers expenses. If the Sellers fail to answer the Buyers within one month after receipt of the aforesaid claim, the claim shall be reckoned as having been accepted by the Sellers.15. FORCE MAJEURE: The Sellers shall not be held responsible for the delay shipment or non-delivery of the goods due to Fore Major, which might occur during the process of manufacturing or in the course of loading or transit. The Sellers shall advise the Buyers immediately of the occurrence mentioned above and within fourteen days thereafter, the Sellers shall send by airmail to the Buyers a certificate of the accident issued by the competent government authorities, Chamber of Commerce or registered notary public of the place where the accident occurs as evidence thereof. Under such circumstances the Sellers, however, are still under the obligation to take all necessity measures to hasten the delivery of the good. In case the accident lasts for more than 10 weeks, the Buyers shall have the right to cancel the Contract. 16. LATE DELIVERY AND PENALTY: Should the Sellers fail to make delivery on time as stipulated in the Contract, with exception of Force Major causes specified in Clause 15 of this Contract, the Buyers shall agree to postpone the delivery on condition that the Sellers agree to pay a penalty which shall be deducted by the paying bank from the payment. The penalty, however, shall not exceed 5% of the total value of the goods involved in the late delivery. The rate of penalty is charged at 0.5% for every seven days less than seven days should be counted as seven days. In case the Sellers, in spite of the cancellation, shall still pay the aforesaid penalty to the Buyers without delay.17. ARBITRATION: All disputes in connection with this contract or the execution thereof shall be settled friendly through negotiations. Incase no settlement can be reached, the case shall be submitted for arbitration to the China International Economic and Trade Arbitration Commission Beijing in accordance with the Provisional Rules of Procedures by the said Arbitration Committee. The Arbitration shall take place in Beijing and the decision of the Arbitration Committee shall be final and binding upon both parties, neither party shall seek recourse to a law court nor other authorities to appeal for revision of the decision. Arbitration fee shall be borne by the losing party.18. SPECEAL PROVISIONS: (If anything contained in the previously printed clauses is inconsistent with the provisions stipulated here, the inconsistent part of the previously printed should automatically be null and void.)ERNING LAW:This Contract shall be governed by the UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS.THE BUYERS THE SELLERS。
外贸合同英文作文
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硬度(hardness), 光泽(brightness), 新鲜度(freshness), 强度(stromoisture), 味道(smell and taste), 成分(composition), 大小(size), 性能(efficiency)
Cotton is to be weighed in Shanghai before sampling, under the supervision of the Cotton Controller appointed by seller, weighing shall take place not later than 21 days after completion of landing on wharf at the port fo destination.
对外经贸英语合同写作
第八章 商品检验条款
在国际贸易合同中,进出口商检条款十 分重要。出口商品能否顺利地履约交货, 进口商品是否符合合同要求,以及发生 问题时能否对外索赔以挽回损失,都与 合同中的检验条款密切相关。因此,在 国际贸易合同中,商检条款必须订得合 理且比较完整,以避免事后发生纠纷时 缺乏明确的依据。
二、检验时间和地点(time and
places of inspection
(一)以离岸品质、数量为准 (shipping quality and shipping weight)
就是由卖方在装运口岸装运前,申请检 验机构对出口商品的品质、数(重)量 进行检验,检验后出具的检验证书,作 为商品品质、数(重)量的最后依据。 这种做法,买方对货物无复验权,也就 是没有提出索赔的权利。
例2:
应以……在卸货港检测的船舶吃水重量为 最后依据。 Ship’s draft weight certified by ……by at the landing port is to be final.
(三)买方有复验权(reinspect ) 。
就是卖方在装运前进行检验的检验证书,并不 是最后依据,而是交货依据,货到目的地,允 许买方进行复验,发现到货的品质、数(重) 量与合同规定不符,属于卖方责任的,可凭检 验证书向卖方提出索赔。这种做法兼顾了买卖 双方的利益。我国在进出口业务中,大都采用 这种做法。货到目的地后,买方有复验权, 同时 承认进出口双方检验证书的效力 ,以装运地的商 品检验证书作为议付依据
(二)以到岸品质、数量为准。
货物运抵目的港后,由当地的检验机构 检验和出具的检验证书为最后依据,如 品质、数(重)量与合同规定不符,买 方凭检验证书向卖方提出索赔,除非造 成上述不符情况属于承运人或保险人的 责任,卖方一般不得拒绝理赔。
例1:
棉花应在上海由卖方所指定的棉花检验人 于抽样前过磅,过磅应于卸货后21天内在 目的港码头上进行。
国际货物买卖合同中的检验条款,主 要包括检验的地点、 检验机构及依据、
检验证书、检验项目、检验时间、检验 方法、检验检验费用的负担以及商品的 复验等。
根据我国《进出口商品检验法》,以及
《出入境检验检疫报验规定》,凡列入 《必须实施检验的进出口商品目录》内的 进出口商品,由商检机构实施“法定检 验”。属于“法定检验”的进出口商品, 必须由商检机构检验合格后,出具相关证 书,海关给予放行。凡未列入《目录》的 进出口商品,不属于法定检验商品。非 “法定检验”商品,如买方无特别要求可 以不必向商检报验。
(二)数量检验(inspection to quantity)
毛重(Gross weight ) 净重(net weight ) 个数(piece) 容积(Capacity ) 面积(area) 长度( length)
(三)包装检验(inspection to package) (四)其他(others) 如病虫害(insect damage)
例1:双方同意以装运港中国进出口商 品检验局签发的品质及数量检验证书为最 后依据对双方具有约束力。
It is mutually agreed that the goods are subject to the Inspection Certificate of Quality and Inspection Certificate of Quantity issued by China Import and Export at the port of shipment. The Certificate shall be binding on both parties.
一、检验项目(items of inspection)
(一) 品质检验(inspection to quality) 用料(materials), 规格(specification), 设计(design), 色彩(color), 外观(appearance), 触感(feeling), 厚薄(thickness), 软度(softness),
例2:
应以装运口岸中国出入境检验检疫局签发 的重量证作为最好依据。 The certificate of quanlity issured by /made by/by the China Entry-Exit Inspection and Quarantine Bureau at the port of shippment is to be final.
例如:
在交货前制造商应就订货的质量、规格、 数量、性能做出准确全面的检验,并出具 货物与本合同相符的检验证书。该证书为 议付货款时向银行提交单据的一部分,但 不得作为货物质量、规格、数量、性能的 最后依据,制造商应将记载检验细节的书 面报告附在品质检验书内。
Before delivery the manufacturer should make a precise and overall inspection of the goods regarding quality, quantity, specification and performance and issue the certificate indicating the goods in conformity with the stipulation of the contract. The certificates are one part of the documents presented to the bank for negotiation of the payment and should not be considered as final regarding quality, quantity, specification and performance. The manufacturer should include the inspection written report in the Inspection Certificate of Quality, stating the inspection particulars.