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英文合同範文集錦九篇

英文合同範文集錦九篇

隨着人們對法律的瞭解日益加深,人們運用到合同的場合不斷增多,在達成意見一致時,制定合同可以享有一定的自由。知道嗎,寫合同可是有方法的哦,以下是小編幫大家整理的英文合同9篇,希望對大家有所幫助。

英文合同範文集錦九篇

英文合同 篇1

合同 CONTRACT

日期:合同號碼:

Date: Contract No.:

買方: (The Buyers) 賣方: (The Sellers)

茲經買賣雙方同意按照以下條款由買方購進,賣方售出以下商品:

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 under-mentioned goods subject to the terms and conditions as stipulated hereinafter:

(1) 商品名稱:

Name of Commodity:

(2) 數量:

Quantity:

(3) 單價:

Unit price:

(4) 總值:

Total Value:

(5) 包裝:

Packing:

(6) 生產國別:

Country of Origin :

(7) 支付條款:

Terms of Payment:

(8) 保險:

Insurance:

(9) 裝運期限:

Time of Shipment:

(10) 起運港:

Port of Lading:

(11) 目的港:

Port of Destination:

(12)索賠:在貨到目的口岸45天內如發現貨物品質,規格和數量與合同不符,除屬保險公司或船方責任外,買方有權憑中國商檢出具的檢驗證書或有關文件向賣方索賠換貨或賠款。

Claims:

Within 45 days after the arrival of the goods at the destination, should the quality, Specifications 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 shall, have the right on the strength of the inspection certificate issued by the C.C.I.C and the relative documents to claim for compensation to the Sellers.

(13)不可抗力:由於人力不可抗力的.原由,發生在製造、裝載或運輸的過程中導致賣方延期交貨或不能交貨者,賣方可免除責任,合同範本《英文買賣合同》。在不可抗力發生後,賣方須立即電告買方及在14天內以空郵方式向買方提供事故發生的證明文件,在上述情況下,賣方仍須負責採取措施儘快發貨。

Force Majeure:

The sellers shall not be held responsible for the delay in shipment or non-deli-very of the goods due to Force Majeure, 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 the within fourteen days there after. The Sellers shall send by airmail to the Buyers for their acceptance certificate of the accident. Under such circumstances the Sellers, however, are still under the obligation to take all necessary measures to hasten the delivery of the goods.

(14)仲裁:凡有關執行合同所發生的一切爭議應通過友好協商解決,如協商不能解決,則將分歧提交中國國際貿易促進委員會按有關仲裁程序進行仲裁,仲裁將是終局的,雙方均受其約束,仲裁費用由敗訴方承擔。

Arbitration:

All disputes in connection with the execution of this Contract shall be settled friendly through negotiation

英文合同 篇2

合同編號:____________

甲方全名:____________

乙方全名:____________

法定地址:____________

法定地址:____________

甲乙雙方經友好協商,就資料翻譯服務事宜簽訂此合同。合同中價格以人民幣爲單位(含稅)。

一、甲方委託乙方將主題爲_______________資料由__________文譯成__________文,資料共計爲字(終以實際的翻譯字數爲準),甲方同意爲此交付對應的服務費用。

二、交稿日期及方式:從合同生效日(即甲方支付翻譯費定金日)開始的_____天內(不包括週六,週日),也就是__________年_____月_____日起至__________年_____月_____日止。如果實際的翻譯字數超過了合同約定字數,則按每日平均_____字的速度順延。如果乙方在合同期內未能完成該翻譯項目,則乙方必須按照甲方指定的日期內完成未完成的部分(即該部分)。如果仍未按時完成,則甲方有權僅支付乙方翻譯費用總額的50%。稿件交付方式爲_____。爲減輕雙方覈算的麻煩,雙方在此同意,乙方交稿後,甲方在兩日內(確認期)對其予以確認,包括數量和質量。超過兩日甲方未做任何答覆,則視爲甲方對乙方所交付的翻譯稿件爲可接受之稿件。

三、譯稿形式:譯稿以中文版文件形式交付,乙方負責所有翻譯後的錄入、排版和校對工作。交稿時乙方必須向甲方提供兩種文檔即電子文檔和物理文檔。即除了交付磁盤文件外,乙方還必須爲甲方準備簡單裝訂後的一套打印件(與相應的原文裝訂在一起)。

四、費用計算方法:按中文版"字數"的統計數字爲準。翻譯費用爲(大寫)__________千字,(小寫)____________元/千字。

五、付款:甲方在交付翻譯原稿的.同時交付翻譯定金,爲總額的30%,即_____元,取得全部譯文資料的兩天內甲方應全額支付整個翻譯款項。

六、原文版權:甲方保證其提供的資料有正當來源,保證其享有對該資料的翻譯權,據此,

翻譯行爲將不會侵犯第三方的版權或著作權,亦不會侵犯第三方的其它任何權利。

七、譯文版權:翻譯後形成的資料版權屬甲方。

八、質量保證:甲方向乙方提供原稿後,乙方必須在最快的時間內將整個翻譯項目的進度

計劃提供於甲方參考,同時就翻譯項目中出現的一些疑問提出諮詢。甲方有義務回答

這些諮詢。乙方保證其所交付的譯稿在製作上及工藝上均無缺陷。關於譯稿與原文在含義上的一致性,乙方在本合

同下爲此做全面保證。乙方不保證使用該譯文一定可達到何種結果,亦不對由此產生的直接或間接的結果負責,甲方如認爲所接收的譯文存有缺陷,應在確認期內通知乙方,逾期無效。乙方對甲方指出的譯文缺陷,應儘快修改完善。如果在甲方指出缺陷後乙方未能在指定的時間內糾正改善或修改後仍然存在嚴重的錯誤,乙方應該將翻譯總費用的50%退還給甲方。

九、有限責任:乙方在本合同下負有如下有限責任:

(1)乙方爲甲方提供的原文資料永久保密,不得擅自將原文資料及其內容透露給第三方,也不得擅自將這些機密資料用作他途;否則甲方保留其訴諸法律的權利(2)乙方保證譯文語句流暢,符合成文語言的語法規則和習慣;並盡最大的可能使譯文與原文含義一致。

十、免責條款:乙方在本合同下對下列事件不負任何直接或連帶責任:

(1)因甲方侵犯第三方版權/專利權而引起的第三方的一切及任何損失;

(2)因原文中存有錯誤而引起的一切及任何損失;

(3)因譯文與原文一致而引起的一切及任何損失;

(4)因甲方收到譯文後自行改寫或丟失所引起的一切及任何損失。

十一、甲方逾期交款,無正當理由者,則按日交納所欠金額的千分之五作爲違約金。本合同中如有其它未盡事宜,雙方協商解決。協商不成,據《中華人民共和國民法典》處理。

十二、合同終止:____________乙方交清譯成資料,甲方交清服務費用,確認期滿後本合同自行終止(第九條除外)。如經甲乙雙方協商,或因一方違約,或因不可抗力影響,雙方同意不再繼續合同的,合同將中止執行。

十三、保密條款;關於本合同及其相關的內容,甲乙雙方均不得以任何形式向第三方透露,以保護雙方的權益。

十四、其它:____________本合同一式兩份,均具同等法律效力。合同自簽訂之日起生效。

甲方簽名蓋章:____________

乙方簽名蓋章:____________

英文合同 篇3

The buyer: the seller: ____________ ____________

Address: Address: ____________ ____________

Tel: ____________ Tel: ____________

Fax: Fax: ____________ ____________

Contact: Contact: ____________ ____________

The sale of the friendly negotiation of both parties, the buyer seller commissioned processing production ________ mould Co ______ set. The two sides reached the following processing agreement

Basic mould of die:

Product name serial number part name point number (mold type) mold single price (RMB yuan) delivery condition

Total price: (including 17% VAT)

The above set of mould material: _____________________

(the above mold materials are provided by the seller).

I. The rights and responsibilities of the two parties:

Buyer's responsibility and rights are as follows:

1. the buyer is responsible for the delivery of the R & D requirements and plans of the seller's project, and provides the sales forecast as far as possible.

2. the buyer is responsible for the delivery of the product design drawings and other related technical information required by the seller to the seller and the technical support.

3., the buyer has the sole right to interpret the product design drawings and related technical data delivered to the seller. When there is ambiguity, the Seller shall consult the buyer's opinion and confirm it by the buyer.

4. after the seller completes the design and manufacture of the mould, the buyer will go to the seller's site to verify the mold, or to provide the product sample to the buyer for confirmation and confirmation by the seller. The moulds referred to in this contract include the mould of the product itself and the fixture and mould needed for the subsequent production.

The rights and responsibilities of the seller are as follows:

1. the seller is responsible for the design and manufacture of the moulds according to the product design drawings and other related technical information provided by the buyer.

Be responsible for completing the mold according to the buyer's design requirements in accordance with the stipulations of the contract.

2. the Seller shall be responsible for providing timely certification and sample test, trial production of desired products. At the same time the seller must provide the details of the related products.

The detailed test report is for the buyer's confirmation. In case of repair / modification, the test report is also attached at the same time.

The buyer does not bear any responsibility.

1.5 the Seller shall give the buyer the corresponding compensation in the form of the buyer's approval as the seller causes the buyer to spend the labor and cost outside the normal technical support as a result of the seller's cause.

2. the progress of the model:

2.1 the seller after the receipt of the buyer after the confirmation of product drawing, which began to enter the mold design and production stage, open cycle for ________ days

2.2 due to buyer's cause the delay of mold making progress is not calculated.

2.3 if the seller's mold making process and other mistakes lead to the failure of the mold to be accepted and the buyer is in urgent need of production.

At the same time, the production should be arranged with the existing mold, and the die should be reopened according to the requirements of the drawings and samples.

3. mode of payment:

Party B agrees that Party A will pay the payment as follows.

3.1 separate settlement: Monthly knot, 60 days after the opening of the ticket, open 17% VAT invoices.

3.1.1 of the total amount of the contract manufacturing batch mould (including VAT) for RMB _________ yuan (RMB ________ yuan), the buyer to pay the total amount of _____% mold, mold ___% residual cost allocation in the first 50K products, if the number of orders less than 50K, the buyer shall supply the seller after the unamortized tooling cost.

3.1.2 from the two sides after the signing of the contract, the seller to provide value-added tax invoices (mold total ____%), the buyer within twenty working days of payment.

4. product order: only after the quality acceptance of the product sample is qualified and the buyer's written confirmation, the seller may accept the order of the third party authorized by the buyer or the buyer. The order contract signed by third parties authorized by the buyer with the buyer's seller is subject to this contract.

Four, product quality assurance

After the seller has completed the mold, the Seller agrees to guarantee the quality of the product in accordance with the buyer's quality standard (the first confirmation report).

The buyer reserves the right to modify the content of the quality standard in accordance with the actual needs.

Five. The ownership of the mold

1. the ownership of all moulds and clamping fixtures and their assembly drawings and parts drawings (including 2D and 3D) involved in the contract shall be owned by the buyer, and the Seller shall not interfere with the buyer's disposition of the molds. If the seller is responsible for the custody of the seller, the Seller shall not supply the mould to the third party without the buyer's consent, otherwise the buyer shall have the right to ask the seller to return the mold fee and compensate for the loss.

2. when the buyer pays the mold cost, the seller must cooperate with the buyer or the third party designated by the buyer to transfer the inspection and accept the replacement of the die from the seller's place, and will replace the worn parts at the expense of itself, so as to ensure the restart of production. The seller is obliged to assemble, rust and pack the moulds and send it to the place designated by the buyer. All mold assembly drawings and part drawings (including 2D and 3D) and all clamping devices must be transferred to the buyer at the same time.

3., during the process of mold transfer, such as the improper assembly, rust prevention or packaging of the seller, it will cause damage to the mold, and all direct and indirect losses arising therefrom shall be borne by the seller.

Six, mold maintenance

1., the Seller guarantees the service life of the mould 500 thousand times, and the seller is responsible for free maintenance during this period. If the mold is not used during the service life, the Seller shall be responsible for changing or re opening the mold and taking the corresponding cost.

2. the seller should die changes, maintenance and repairs in a timely manner and register, whether such a modification, maintenance and repair are

The buyer made it. If the buyer is to ask the relevant technical details or evidence, the buyer may register with the time without notice. The Seller shall give the buyer a copy of the record once every three months. The seller should take the initiative to complete this task on a regular basis without the buyer's request.

Six. Intellectual property rights

The product and the buyer 1. involved in this contract to provide design drawings and other information in the intellectual property is owned by the buyer, the buyer without permission, the Seller shall not disclose to any company or individual, otherwise all the losses resulting from the seller; the buyer only agreed to all data and information provided by the seller by the buyer the purpose of this contract based on the,

2. the Seller agrees to the design drawings will not be provided by the buyer and other data or information for the purpose of non contract other than the seller or the buyer has the right to pursue responsibility; without written permission from the buyer, the Seller shall not in publications, advertising or other written and oral form to the seller to provide or have provided any data and information.

3., without the buyer's license, it is strictly prohibited for the seller to use this mould to supply other customers other than the buyer or the buyer's designated customer, otherwise all direct and indirect losses arising from it shall be the seller's responsibility.

4. other undisclosed matters of confidentiality are carried out in accordance with the "confidentiality agreement" signed by the buyer and the seller.

Seven. Liability for breach of contract

1. the Seller shall be liable for breach of contract if the seller fails to complete the mold making and sample delivery according to the progress of each stage specified in the 2.1. The Seller shall pay the buyer a fine of 2% of the total amount of this contract at a time of one day of delay. The amount of the penalty is not more than the total amount of the contract.

2., if the seller's cause causes the seller's quality to be supplied to the buyer can't meet the buyer's requirements, and the other materials will be lost and scrapped during the assembly process, the seller will fully compensate for the loss and scrap materials and the resulting artificial / stop line costs. The two parties may sign separately the raw material for production.

3. the quality and progress of the product provided to the buyer by the seller for the seller's cause can not reach the buyer.

Place)

3. when the mold is certified by the buyer, the seller is responsible for the seal of the mold. If the buyer agrees that the seller is responsible for the subsequent processing and production of the products, the Seller shall be responsible for the repair and maintenance of the moulds, and the Seller shall make the batch production according to the order of the third party authorized by the buyer or the buyer.

4. for all the molds produced by the buyer, the Seller shall provide the buyer with detailed design drawings. All drawings must be made in AutoCAD or pro-eng (pro-el2) and must be transmitted to the buyer in electronic form before the mold opening for approval.

Two. Technical terms:

1. repair and maintenance of the mold: the seller is responsible for the repair and maintenance of the mold during the production process.

2., after no dispute between the two sides, the buyer will provide the product design drawings and related technical information to the seller, and send the engineer to the seller's technical exchange or the seller send the engineer to the buyer for technical communication. The product drawings and technical requirements list is attached to Annex 1.

3. the seller promised to use the quality requirements of the mold for the system to produce products to the buyer

4. the seller promised to use the mold for the system to produce the product can reach the seller's delivery capacity:

Nissan energy: _______k, monthly capacity: ______k

5. the seller promises that all the moulds involved in this contract can be reached to 400 thousand times.

6., without the buyer's permission, it is strictly prohibited for the seller to contract the whole part of the contract involved in the contract to other companies for processing. Otherwise, the Seller shall be liable for breach of contract in accordance with the breach clause of the contract as a breach of contract.

Three. The terms of business:

1. mold price:

1.1 after negotiation between the two parties, the seller will provide the final offer of the mould approved by the buyer and sign the price confirmation as an indispensable part of the contract.

The total amount of 1.2 contract (including VAT mold ____%) rmb_______.

1.3 the total cost of the price of the mold contains the following expenses, and the Seller shall not ask the buyer for the following reasons:

1.3.1 the cost of all the fixtures and tools required by the seller for the molding / two processing / assembly of the product;

1.3.2 the seller, according to the contract, carries out the cost of material, equipment and manpower for mould design, test mould.

1.3.3 the cost of the sample (800 sets) provided by the seller to the buyer for the certification of the mold and product;

1.3.4 the seller is the cost of the die vulnerable spare parts to ensure the normal production of the mold;

1.3.5 the cost of the related tools and tools for other processes that are prepared for the normal production of the product.

1.4 when the written request of the buyer the seller according to the change of the product design for the mould modification, if the mould modification is relatively simple, including less mold material changes and other simple changes from the mold, the seller to the buyer without charges; if the modification is complex, great influence on the whole structure of the mold, then the seller according to the modified working hours for mold to the buyer by the buyer offer, the corresponding mold modification cost. The buyer shall not bear any responsibility for the repair or modification of the mold due to the seller's reason, due to the failure of the mold to meet the buyer's requirements.

1.5 by the seller to the buyer's manual and cost technical support from the normal cost, the Seller shall give the buyer recognized the way the corresponding compensation.

2. the progress of the model:

2.1 after the seller has received the product drawing file after the buyer's confirmation, that is,

The cost of artificial / stop line formation. The two parties may sign separately the raw material for production.

3. if the seller has caused the seller to the buyer of the product quality and schedule is not up to the requirements of the buyer, the buyer and customer missed the best time to market, or the buyer was forced to cancel the project, so that the buyer and its customers suffer serious losses and loss of material research, in addition to the seller to refund all previous the buyer to pay the purchase price, depending on the actual situation of the seller also bear the buyer direct and indirect economic losses.

4., if the seller is unable to resist force, including the war, fire, strike, and other force majeure caused by Chinese law, the buyer will allow the buyer to dismiss it. The Seller shall notify the buyer in written form within 24 hours after the occurrence of the force majeure, and the seller is obliged to take all necessary measures to deliver the goods as soon as possible. If the force majeure continues for more than 2 weeks, the buyer has the right to cancel this contract.

5. other unfinished matters: implemented in accordance with the economic contract law.

Eight. Dispute settlement

Any dispute arising from the execution of this contract shall be settled through friendly negotiation first. If no negotiation can be reached within 30 days, either party can submit the dispute to the municipal court.

The parties to this contract shall be strictly enforced. If one party fails to perform the contract in the cause of the contract, the party must ask for the consent of the other party two weeks in advance, and the contract shall be terminated.

The buyer: the seller: ____________ ____________

Representative: Representative: ___________ ____________

英文合同 篇4

Quality-eternal Investment Co., Ltd.

編 號(No.): ACM001

簽約地(Signed at):倫敦London 日 期(Date): 09.13.20xx 賣方(Seller): 地址(Address):

電話(Tel): 傳真(Fax):

買方(Buyer):

地址(Address):

電話(Tel):

買賣雙方經協商同意按下列條款成交:

The undersigned Seller and Buyer have agreed to close the following transactions according to the terms and conditions set forth as below:

1. 貨物名稱、規格和質量 (Name, Specifications and Quality of Commodity):數量(Quantity):單價及價格條款 (Unit Price and Terms of Delivery) ::

(除非另有規定,"FOB"、"CFR"和"CIF"均應依照國際商會制定的《20xx年國際貿易術語解釋通則》(INCOTERMS 20xx)辦理。)

The terms FOB,CFR,or CIF shall be subject to the International Rules for theInterpretation of Trade Terms (INCOTERMS 20xx) provided by International Chamber of Commerce (ICC) unless otherwise stipulated herein.)

2. 總價 (Total Amount):

$5745

3. 允許溢短裝(More or Less):2%。4. 裝運期限(Time of Shipment): 收到全部貨款後20天內裝運。

Within 20 days after receipt of full payment by T/T. .

5. 付款條件(Terms of Payment): 出貨前付清貨款。

Pay total charge before shipment

6. 包裝(Packing):

7 品質/數量異議 (Quality/Quantity discrepancy):

如買方提出索賠,凡屬品質異議須於貨到目的口岸之日起30天內提出,凡屬數量異議須於貨到目的口岸之日起15天內提出,對所裝貨物所提任何異議於保險公司、輪船公司、其他有關運輸機構或郵遞機構所負責者,賣方不負任何責任。

In case of quality discrepancy, claim should be filed by the Buyer within 30 days after the arrival of the goods at port of destination, while for quantity discrepancy, claim should be filed by the Buyer within 15 days after the arrival of the goods at port of destination. It is understood that the Seller shall not be liable for any discrepancy of the goods shipped due to causes for which the Insurance Company, Shipping Company, other Transportation Organization /or Post Office are liable.

8.由於發生人力不可抗拒的原因,致使本合約不能履行,部分或全部商品延誤交貨,賣方概不負責。本合同所指的不可抗力系指不可干預、不能避免且不能克服的客觀情況。

The Seller shall not be held responsible for failure or delay in delivery of the entire lot or a portion of the goods under this Sales Contract in consequence of any Force Majeure incidents which might occur. Force Majeure as referred to in this contract means unforeseeable, unavoidable and insurmountable objective conditions.

9. 仲裁(Arbitration):

因凡本合同引起的或與本合同有關的`任何爭議,如果協商不能解決,應提交中國國際經濟貿易仲裁委員會深圳分會。按照申請仲裁時該會當時施行的仲裁規則進行仲裁。仲裁裁決是終局的,對雙方均有約束力。

Any dispute arising from or in connection with the Sales Contract shall be settled through friendly negotiation. In case no settlement can be reached, the dispute shall then be submitted to China International Economic and Trade Arbitration Commission (CIETAC) , Shenzhen Commission for arbitration in accordance with its rules in effect at the time of applying for arbitration. The arbitral award is final and binding upon both parties.

10. 通知(Notices):

所有通知用___文寫成,並按照如下地址用傳真/電子郵件/快件送達給各方。如果地址有變更,一方應在變更後___日內書面通知另一方。

All notice shall be written in _____ and served to both parties by fax/e-mail /courier according to the following addresses. If any changes of the addresses occur, one party shall inform the other party of the change of address within ____ days after the change.

11. 本合同爲中英文兩種文本,兩種文本具有同等效力。本合同一式___2__份。自雙方簽字之日起生效。

This Contract is executed in two counterparts each in Chinese and English, each of which shall be deemed equally authentic. This Contract is in _____ copies effective since being signed/sealed by both parties.

The Seller: The Buyer: 賣方簽字:買方簽字:

英文合同 篇5

(Translation)

Mortgage Contract

No. J.K.D.20xx—032

hereinafter referred to as the main contract) signed by (borrower) and Party A Party B is willing to use the property owned or disposable according to laws as mortgage; Through verification, Party A agrees to accept the property mortgage of Party B;

According to relevant laws and regulations, based on mutual negotiations, Party

A and Party B make agreement in the following articles:

Article 1 Collateral of Party B

Party B uses the property in the List of Collateral (appendix) for mortgage. Party

B guarantees its ownership or right of disposal according to laws.

Article 2 Method of Mortgage Guarantee

1. When the debt stipulated in the main contract is due, the guarantee responsibility of the loan provided by Party A to Party B yet not repaid by Party B is ascertained according to the scope of mortgage guarantee in Article 3 of this contract; before the debt stipulated in the main contract is due, if Party A conducts recourse on the borrower in advance according to the main contract, Party B shall also take the guarantee responsibility with the collateral.

2. If Party A and Party B (or borrower) make written agreement of extending duration on the debt duration, interest rate, amount and etc. stipulated in the main contract, or Party A makes an adjustment in the interest rate according to the main contract during the debt duration stipulated in the main contract, it is not necessary to

get consent from Party B or to inform Party B and Party B agrees to all, then the mortgage guarantee responsibility undertaken by Party B shall not be affected.

Article 3 Scope of Mortgage Guarantee

The scope of mortgage guarantee includes the entire principal stipulated in the main contract, interest, overdue interest, penalty interest, compound interest, default fine, compensation for loss, all charges to enforce the mortgage right and realize the creditor’s rights (including but not limited to legal costs, arbitration fees, costs of preservation, announcement fees, assessment fees, appraisal charges, auction costs, travel expenses, communication expenses, counsel fees and etc.) and all other payable expenses of the debtor in the main contract.

Article 4 Custody of Ownership Certificate and Registration

of the Collateral

Party B shall deliver ownership certificate of the collateral to Party A on the date of contract signing, and both parties agree that within days after the contract is signed, Party B shall unconditionally assist Party B with relevant mortgage registration procedures. Ownership certificate of the collateral shall be in the custody of Party A during mortgage period.

Article 5 When there are other mortgage guarantee, pledge guarantee or guarantees in the creditor’s rights of Party A, if Party A gives up or removes other mortgage guarantee and pledge guarantee or dismisses guarantee responsibility of guarantees, Party B shall still take mortgage guarantee responsibility regarding Party

A according to articles stipulated in this mortgage contract.

If Party A suspends granting the loan that has not been granted or collects granted loan in advance based on the articles in the main contract, the guarantee responsibility undertaken by Party B according to this contract shall not be affected.

Article 6 Cost Bearing

Relevant costs stipulated in this contract such as assessment fees, insurance premium, appraisal charges, registration fees, custody charges and etc.

Article 7 Custody of the Collateral

1. During the mortgage period, the collateral shall be in custody of Party B or the entrusted agent of Party B; Party B and the entrusted agent of Party B shall maintain proper custody of the collateral and have the obligation of repair, maintenance and keeping it intact and shall accept the inspection of Party A at any time.

The mortgage period refers to the period from the day this contract comes into effect to the expiration day of statute of limitations of creditor’s rights stipulated in the Loan Contract.

2. During the mortgage period, Party B shall not take any actions that will reduce the value of the collateral; if such actions occur, Party A has the right to demand Party B to stop and recover the value of the collateral, or to provide new collateral accepted by Party A within 2 days after Party A informs Party B. Costs resulted from the recovery of the collateral of providing new collateral shall be undertaken by Party B.

3. Party B shall purchase property insurance for the collateral during the mortgage period, and the first beneficiary of the property insurance shall be Party A. Insurance documents shall be in custody of Party A. During the mortgage period, if losses within the insurance scope of the collateral occur or the value of the collateral is reduced because of the actions of the third party, insurance compensation or compensation for losses shall be used to liquidate the debt stipulated in the main contract in advance or shall be deposited by Party B in the account appointed by Party A, and Party B shall not use during the mortgage period.

Article 8 During the mortgage period, if the collateral causes environmental pollution or other damages, Party A alone shall take the responsibility.

Article 9 During the mortgage period, without written consent from Party A, Party B shall not give away, remove, rent, transfer, remortgage or dispose in other ways the collateral stipulated in this contract.

Article 10 During the mortgage period, with written consent from Party A, payment received from the transfer of the collateral by Party B shall be used to liquidate the mortgaged creditor’s rights of Party A in advance.

Article 11 In the expiration of the time limit of the main contract, if the borrower cannot liquidate the debt, Party B has the right to discount the collateral or take priority in compensation with the payment from the auction or selling off of the collateral.

Article 12 Party A has the right to realize the mortgage right through disposal of the collateral in advance, suspend the grant of loan stipulated in the main contract or collect the principal and interest of the granted loan stipulated in the main contract in advance when one of the following circumstances occur:

1. There are defaults of the articles or agreement stipulated in the main contract made by the borrower;

2. There are violations of in the agreed responsibility stipulated in Article 4, Article 7, Article 8, Article 9 and Article 10 of this contract or other actions of defau< or Party B fails to fulfill resposibilities stipulated in this contract.

3. When Party B is a legal person or other organizations, situations that will affect its ability to liquidate debts or lack of good faith in debt liquidation occur such as suspension of business, suspension or annulment of business license, application or

being applied for bankruptcy, dissolution and etc.

4. When Party B is a natural person, death without heirs or devisees occurs;

5. When Party B is a natural person, heirs or devisees of Party B give up the inheritance or bequest and refuse to fulfill the obligation of repaying loan principal and interest;

6. Other events that will endanger the realization of creditor’s rights of Party A stipulated in the main contract.

Article 13 Responsibility for Breach of Contract

1. If Party B violates Article 7 of the contract through reduction in the value of the collateral resulting from the carelessness in the repair and management of the collateral, or actions of Party B directly endanger the collateral and result in the reduction in the value of the collateral, Party A has the right to demand Part B to immediately stop the violating actions towards the mortgage right of Party A, to demand Party B to provide other collateral accepted by Party A, and to dispose the collateral in advance.

2. If Party B violates Article 9 of the contract and arbitrarily disposes the collateral, the action is not valid; Party A has the right to demand Part B to immediately stop the violating actions towards the mortgage right of Party A, to demand Party B to provide other collateral accepted by Party A;

3. If Party B conceals the fact that the collateral is involved in co-ownership, disputes, seal-up, impoundment, rent, existing mortgage, legal priority right with lower mortgage right (including but not limited to priority right of construction project payment) or no ownership or disposal right of Party B and etc., Party A has the right to demand Party B to provide other collateral/ pledge property accepted by Party A;

4. When any of the above circumstances violating the contract occurs, if Party B fails to provide other collateral according to the requirements of Party A, Party B shall pay Party B a default fine amounting to of the loan principal stipulated in the main contract. If economic losses are caused to Party A, Party B shall compensate Party A for all the economic losses.

Article 14 Payment from Exercise of the Mortgage Right by Party A Shall be Assigned in Priority of the Following Order:

1. Payment of charges related to the exercise of the mortgage right;

2. Liquidation of interest payable by the borrower to Party A;

3. Liquidation of loan principal, default fine (including penalty interest), compensation and etc. payable by the borrower to Party A;;

4. Payment of other cost.

Article 15 Delivery

Except for other agreement, both parties designate the communication method and contact address stipulated in the contract as the basis, and any written notification delivered to the address shall be considered effective arrival. Party B shall promise that if there is any change in the communication method and contact address, Party A fails to notify the other party about the change in the communication method or contact address according to the agreement resulting in this party not receiving the notification from the other party, this party shall undertake corresponding consequences by itself.

The signing of personnel authorized by Party B or arranged by Party A for come-and-go files, legal papers or relevant notifications shall be regarded as the arrival to Party B, except that Party B explicitly notifies Party A in the written form that the personnel is not entitled to sign the come-and-go files, legal papers or relevant notifications.

Article 16 Terms of Compulsory Execution

1. Party A and Party B both confirm that according to relevant laws and regulations, they have specific understanding of the definition, content, procedure and effect of notarization that gives compulsory execution effect, and through conscious consideration, all parties agree to apply to the notarization authority for notarization and give this contract effect of compulsory execution.

2. Party B promises to accept compulsory execution according to laws when failing to fulfill or completely fulfill obligation of repayment stipulated in the contract; Party B gives up the right of pleadings.

3. When Party B fails to fulfill relevant obligations stipulated in the contract, Party A has the right to conduct collection and interpellation to Party B through mail delivery, telephone notification, announcement delivery and etc. Party B shall fulfill relevant obligations stipulated in the contract within three days after the collection and interpellation of Party A. If Party B still fails to fulfill relevant obligations stipulated in the contract, Party A has the right to apply to notarization authority for execution certificate.

4. Agreed items in advance about the verification contents and methods of the notarization authority before the Execution Certificate is issued: if Party B fails to fulfill or completely fulfill guarantee responsibility, Party A provides the notarization authority with evidence of Party B’s failure of fulfillment. Based on the application of Party A, before the Execution Certificate is issued, the notarization authority verifies the fact of Party B’s failure of fulfillment or proper fulfillment of guarantee responsibility through letters or telephones (faxes) according to the contact address or contact telephone stipulated in the contract before. Party B shall substantially respond to the verified contents made by the notarization authority within five days according to the requirements of the notarization authority, otherwise no disagreement from

英文合同 篇6

出租方(甲方)lessor (hereinafter referred to as party a) :

承租方(乙方)lessee (hereinafter referred to as party b) :

根據國家有關法律、法規和有關規定,甲、乙雙方在平等自願的基礎上,經友好協商一致,就甲方將其合法擁有的房屋出租給乙方使用,乙方承租使用甲方房屋事宜,訂立本合同。

in accordance with relevant chinese laws 、decrees and pertinent rules and regulations ,party a and party b have reached an agreement through friendly consultation to conclude the following contract.

一、 物業地址 location of the premises

甲方將其所有的位於上海市_________區____________________________________的房屋及其附屬設施在良好狀態下出租給乙方___________使用。

party a will lease to party b the premises and attached facilities all owned by party a itself, which is located at _______________________________________ __________________________ and in good condition for_____________ .

二、 房屋面積 size of the premises

出租房屋的`登記面積爲_________平方米(建築面積)。

the registered size of the leased premises is_________square meters (gross size).

三、 租賃期限 lease term

租賃期限自_______年___月___日起至_______年___月___日止,爲期___年,甲方應於_______年___月___日將房屋騰空並交付乙方使用。

the lease term will be from _____(month) _____(day) _______(year) to ________(month) _____(day) _______(year). party a will clear the premises and provide it to party b for use before _____(month) _____(day) _______(year).

四、 租金 rental

1. 數額:雙方商定租金爲每月人民幣_____________元整, 乙方以___________形式支付給甲方 。

amount: the rental will be ____________per month. party b will pay the rental

to party a in the form of ____________in ________________.

2. 租金按_____月爲壹期支付;第一期租金於_______年_____月_____日以前付清;以後每期租金於每月的______日以前繳納,先付後住(若乙方以匯款形式支付租金,則以匯出日爲支付日,匯費由匯出方承擔)。甲方收到租金後予書面簽收。

payment of rental will be one installment everymonth(s). the first installment will be paid before_______(month)______(day)__________(year). each successive installment will be paid_____________each month.

party b will pay the rental before using the premises and attached facilities (in case party b pays the rental in the form of remittance, the date of remitting will be the day of payment and the remittance fee will be borne by the remitter.) party a will issue a written receipt after receiving the payment.

3. 如乙方逾期支付租金超過十天,則每天以月租金的0.5%支付滯納金;如乙方逾期支付租金超過十五天,則視爲乙方自動退租,構成違約,甲方有權收回房屋,並追究乙方違約責任。

in case the rental is more than ten working days overdue, party b will pay 0.5 percent of monthly rental as overdue fine every day, if the rental be paid 15 days overdue, party b will be deemed to have with drawn from the premises and breach the contract. in this situation, party a has the right to take back the premises and take actions against party b's breach.

五、 保證金 deposit

1. 爲確保房屋及其附屬設施之安全與完好,及租賃期內相關費用之如期結算,乙方同意於______年_____月_____日前支付給甲方保證金人民幣 _________元整,甲方在收到保證金後予以書面簽收。

guarantying the safety and good conditions of the premises and attached facilities and account of relevant fees are settled on schedule during the lease term, party b will pay _________to party a as a deposit before _____(month) _____(day) _______(year). party a will issue a written receipt after receiving the deposit.

2. 除合同另有約定外,甲方應於租賃關係消除且乙方遷空、點清並付清所有應付費用後的當天將保證金全額無息退還乙方。

unless otherwise provided for by this contract, party a will return full amount of the deposit without interest on the day when this contract expires and party b clears the premises and has paid all due rental and other expenses.

3. 因乙方違反本合同的規定而產生的違約金、損壞賠償金和其它相關費用,甲方可在保證金中抵扣,不足部分乙方必須在接到甲方付款通知後十日內補足。

in case party b breaches this contract, party a has right to deduct the default fine, compensation for damage or any other expenses from the deposit . in case the deposit is not sufficient to cover such items, party b should pay the insufficiency within ten days after receiving the written notice of payment from party a.

六、 甲方義務 obligations of party a

1. 甲方須按時將房屋及附屬設施(詳見附件)交付乙方使用。

party a will provide the premises and attached facilities (see the appendix of furniture list for detail) on schedule to party b for using.

2. 房屋設施如因質量原因、自然損耗或災害而受到損壞,甲方有修繕並承擔相關費用的責任。

in case the premise and attached facilities are damaged by quality problems, natural damages or disasters, party a will be responsible to repair and pay the relevant expenses.

3. 甲方應確保出租的房屋享有出租的權利,反之如乙方權益因此遭受損害,甲方應負賠償責任。

party a will guarantee the lease right of the premises. otherwise, party a will be responsible to compensate party b's losses.

七、 乙方義務 obligations of party b

1. 乙方應按合同的規定按時支付定金、租金及保證金。

party b will pay the rental, the deposit and other expenses on time.

2. 乙方經甲方同意,可在房屋內添置設備。租賃期滿後,乙方將添置的設備搬走,並保證不影響房屋的完好及正常使用。

party b may decorate the premises and add new facilities with party a's approval. when this contract expires, party b may take away the added facilities which are removable without changing the good conditions of the premises for normal use.

3. 未經甲方同意,乙方不得將承租的房屋轉租或分租,並愛護使用該房屋如因乙方過失或過錯致使房屋及設施受損,乙方應承擔賠償責任。

party b will not transfer the lease of the premises or sublet it without party a's approval and should take good care of the premises. otherwise, party b will be responsible to compensate any damages of the premises and attached facilities caused by its fault and negligence.

4. 乙方應按本合同規定合法使用該房屋,不得擅自改變使用性質。乙方不得在該房屋內存放危險物品。否則,如該房屋及附屬設施因此受損,乙方應承擔全部責任。

party b will use the premises lawfully according to this contract without changing the nature of the premises and storing hazardous materials in it. otherwise, party b will be responsible for the damages caused by it

5. 乙方應承擔租賃期內的水、電、煤氣、電訊、收視費、等一切因實際使用而產生的費用,並按單如期繳納。

party b will bear the cost of utilities such as communications, water, electricity, gas, management fee etc. on time during the lease term.

八、 合同終止及解除的規定 termination and dissolution of the contract

1. 乙方在租賃期滿後如需退租或續租,應提前兩個月通知甲方,由雙方另行協商退租或續租事宜。在同等條件下乙方享有優先續租權。

within two months before the contract expires, party b will notify party a if it intends to extend the leasehold. in this situation, two parties will discuss matters over the extension.

2. 租賃期滿後,乙方應在當天將房屋交還甲方;任何滯留物,如未取得甲方諒解,均視爲放棄,任憑甲方處置,乙方決無異議。

when the lease term expires, party b will return the premises and attached facilities to party a within days. any belongings left in it without party a's previous understanding will be deemed to be abandoned by party b. in this situation, party a has the right to dispose of it and party a will raise no objection.

3. 本合同一經雙方簽字後立即生效;未經雙方同意,不得任意終止,如有未盡事宜,甲、乙雙方可另行協商。

this contract will be effective after being signed by both parties. any party has no right to terminate this contract without another party's agreement. anything not covered in this contract will be discussed separately by both parties

九、 違約及處理 breach of the contract

1. 甲、乙雙方任何一方在未徵得對方諒解的情況下,不履行本合同規定條款,導致本合同中途中止,則視爲該方違約,雙方同意違約金爲人民幣___________元整,若違約金不足彌補無過錯方之損失,則違約方還需就不足部分支付賠償金。

during the lease term, any party who fails to fulfill any article of this contract without the other party's understanding will be deemed to breach the contract. both parties agree that the default fine will be________________. in case the default fine is not sufficient to cover the loss suffered by the faultless party, the party in breach should pay additional compensation to the other party.

2. 若雙方在執行本合同或與本合同有關的事情時發生爭議,應首先友好協商;協商不成,可向有管轄權的人民法院提起訴訟。本合同一經雙方簽字後立即生效;未經雙方同意,不得任意終止,如有未盡事宜,甲、乙雙方可另行協商。

both parties will solve the disputes arising from execution of the contract or in connection with the contract through friendly consultation. in case the agreement cannot be reached, any party may summit the dispute to the court that has the jurisdiction over the matter.

十、 其他 miscellaneous

1. 本合同附件是本合同的有效組成部分,與本合同具有同等法律效力。

any annex is the integral part of this contract. the annex and this contract are equally valid.

2. 本合同壹式貳份,甲、乙雙方各執一份。

there are 2 originals of this contract. each party will hold 1 original(s).

3. 甲、乙雙方如有特殊約定,可在本款另行約定:

other special terms will be listed bellows:

__________________________________________________________________________________

__________________________________________________________________________________

甲 方:

party a

證件號碼:

id no

聯絡地址:

address

電 話:

tel:

代 理 人:

representative:

日 期:

date:

英文合同 篇7

Contract for Equipment Sales and Technology Licensing

Contract No. ____________________

This Contract (hereinafter referred to as the “Contract”) is made and entered into as of ________ (the date of signature ) in ________ (the place of signature) through friendly negotiation by and between _____________, a company incorporated and existing under the laws of ____________ with its registered address at _________________________________, and with its principal place of business at _________________________________ (hereinafter referred to as the “Buyer”), and ____________________, a company incorporated and existing under the laws of the People’s Republic of China with its registered address at _________________________________, and with its principal place of business at _________________________________(hereinafter referred to as the “Seller”).

Whereas, the Buyer desires to engage the Seller to provide the Equipment, related design, Technical Documentation, Technical Service and Technical Training and to obtain from the Seller a license of Patent and/or Know-how in relation to the Erection, Test Run, Commissioning, Performance Test,operation and maintenance for the Equipment, as well as manufacture of the Contract Products. Now it is hereby mutually agreed as follows:

Article 1 Definitions

1.1 “Acceptance ”means the Buyer accepted the Equipment in accordance with Article 11.5.

1.2 “Commissioning” means the operation of the Equipment in accordance with Article 11.4 for the purpose of carrying out Performance Test.

1.3 “Contract” means this Contract signed by and between the Buyer and the Seller, including Appendices attached which shall form an integral part of this Contract.

1.4 “Contract Products” refers to all types of the products manufactured with Patent and/or Know-how under the Contract, details of which are specified in Appendix 1.

1.5 “Destination Airport” refers to _____________Airport.

1.6 “Effective Date of the Contract” means the date when the Contract enters into force upon fulfillment of all the conditions stated in Article 18.1.

1.7 “Equipment” means the equipment, machinery, instruments, spare parts and materials supplied by the Seller as listed in Appendix 3.

1.8 “Erection” means placing the Equipment to the positions according to the design drawings, and connecting it with relevant equipment and utilities.

1.9 “Improvement” refers to new findings and/or modifications made in the validity period of the Contract by either party on Patent and/or Know-how in the form of new designs, formulas, recipes, ingredients, indices, parameters, calculations, or any other indicators.

1.10 “Job Site” means the site where the Equipment shall be located and/or erected, namely ____.

1.11 “Know-how” refers to any valuable technical knowledge, data, indices, drawings, designs and other technical information, concerning the Erection, Test Run, Commissioning, Performance Test,operation and maintenance for the Equipment as well as manufacture of the Contract Products, developed and owned or legally acquired and possessed by the Seller and disclosed to the Buyer by the Seller, which is unknown to either public or the Buyer before the Date of Effectiveness of this Contract, and for which appropriate protection measures have been taken by the Seller for keeping Know-how in secrecy. The specific description of Know-how is set forth in Appendix 3.

1.12 “Last Shipment” means the shipment with which the accumulated invoice value of shipped goods has reached ____ ( ) percent of the total Equipment price.

1.13 “Patent” refers to any and all of the effective patent rights possessed by the Seller and licensed to the Buyer under the Contract in connection with the Erection, Test Run, Commissioning, Performance Test,operation and maintenance for the Equipment, as well as manufacture of the Contract Products, the No. and list of which are set forth in Appendix 3.

1.14 “Performance Test” means the tests for examining whether the Equipment is able to meet guarantee figures specified in Appendix 1.

1.15 “Technical Documentation” means the technical indices and data, specifications, drawings, processes, technical and quality standards, and other documents carrying the descriptions and explanations of Patent, Know-how and other technical information, in connection with the Erection, Test Run, Commissioning, Performance Test,operation and maintenance for the Equipment, as well as manufacture of the Contract Products, to be provided by the Seller as listed in Appendix 4.

1.16 “Technical Service” means the technical instruction, assistance and guidance rendered by the Seller as per Appendix 6.

1.17 “Technical Training ” means the training rendered by the Seller as per Appendix 7.

1.18 “Test Run” means the initial run of a single machine or the whole system of the Equipment without materials.

1.19 “Warranty Period” means the period of the warranty given by the Seller as specified in Article 12.2, during which the Seller is responsible for the defects of the Equipment as per Article 12.

Article 2 Scope of the Contract

2.1 The Seller’s Obligation

2.1.1 The Seller shall supply the Equipment, provide the design, Technical Documentation, and conduct the Technical Service and Technical Training, and grant the Buyer a right to use the Patent and/or Know-how as set forth in the Contract.

2.1.2 The Seller shall supply the Equipment which is listed in Appendix 3, the specification is detailed in Appendix 1.

2.1.3 The Seller shall provide design in accordance with Appendix 5, and submit to the Buyer the Technical Documentation listed in Appendix 4.

2.1.4 The Seller shall conduct the Technical Services at the Job Site as per Appendix 6.

2.1.5 The Seller shall conduct the Technical Training as per Appendix 7.

2.2 The Buyer’s Obligation

2.2.1 The Buyer shall at his own costs and expenses, provide the Seller with all information and data concerning the design as per Appendix 2. The Buyer shall ensure the completeness, correctness and accuracy of all such information and data.

2.2.2 The Buyer shall at his own costs and expenses, obtain all necessary import permits, undertake customs clearance, take delivery of the Equipment to be supplied by the Seller and transport them to the Job Site in time.

2.2.3 The Buyer shall at his own costs and expenses, perform all the civil works, construction, Erection, Test Run, Commissioning and Performance Test in accordance with the Technical Documentation under the Technical Services rendered by the Seller as per Appendix 6.

2.2.4 The Buyer shall at his own costs and expenses, supply all the equipments, spare parts and facilities required, except for the Equipment supplied by the Seller as per Appendix 3.

2.2.5 The Buyer shall at his own costs and expenses, provide the qualified and appropriate technical personnel, labor, tools, utilities and the Job Site in time for Erection, Test Run, Commissioning, and Performance Test as specified in Appendix 2.

2.2.6 The Buyer shall at his own costs and expenses, perform necessary administration and security guard at the Job Site.

Article 3 Grant of License

3.1 The Seller agrees to grant to the Buyer and the Buyer agrees to obtain from the Seller a license to manufacture the Contract Products as well as to conduct Erection, Test Run, Commissioning, Performance Test, operation and maintenance for the Equipment with Patent and/or Know-how as well as to use and sell the Contract Products. The name, model, specification, and technical data of the Contract Products are detailed in Appendix 1. The Buyer shall not make use of Patent and/or Know-how for any purposes other than those stipulated in the Contract without prior written approval from the Seller. The annual output of the Contract Products manufactured by the Buyer shall in no case exceed _______________.

3.2 (Option 1) The license granted under the Contract shall be an exclusive license. The Seller shall not retain its right to grant the licenses to any third parties, or to explore Patent and/or Know-how as well as to sell the Contract Products by itself within the territory specified in Article 3.4.

(Option 2) The license granted under the Contract shall be a non-exclusive license. The Seller shall retain its right to grant the licenses to any third parties, and to explore Patent and/or Know-how as well as to sell the Contract Products by itself within the territory specified in Article 3.4.

3.3 The license granted under the Contract shall be a non-transferable and non-sublicensing license, under which the Buyer shall neither be entitled to transfer nor grant sub-license to any third party without prior written approval from the Seller.

3.4 Territory

3.4.1 The Seller agrees to grant the license to the Buyer only within the territory of _________________ (country or region). The Buyer shall not explore Patent and/or Know-how in any place other than the Job Site without previous written consent of the Seller.

3.4.2 The Seller agrees to grant a license to the Buyer to use and sell the Contract Products only within the territory of ________________________ (Country or region). In case the Buyer fails to perform its obligations under this Clause, all the actual losses and damages thus incurred to the Seller shall be borne by the Buyer, and the Seller shall have the right to terminate the Contract without prejudice to any remedies specified in the Contract.

Article 4 Price

4.1 The Buyer agrees to pay the total Contract price, Technical Training and Technical Service fee to the Seller.

4.2 The total Contract price, including price of the Equipment, design, Technical Documentation and a license fee in a fixed amount, shall be __________(say _______________________ only).

The breakdown price is as follows:

The price for Equipment is __________(say _______________________ only).

Fee for design is __________(say _______________________ only).

Fee for Technical Documentations is __________(say _______________________ only).

License fee is __________________(Say: _________________ only)

4.2.1 The total Contract price for the Equipment is for delivery CIF_____ Port, and the Technical Documentations is for delivery CIP (by air) ______ Airport. CIF and CIP term shall be interpreted in accordance with INCOTERMS 20xx, issued by the INTERNATIONAL CHAMBER OF COMMERCE (ICC).

4.2.2 The total Contract price includes the price for spare parts listed in Appendix 3. However, the total Contract price does not cover the supply of any other spare parts. At the Buyer’s request, the Seller may provide with any other spare parts. A separate agreement shall be signed between the parties.

4.2.3 The above price is fixed and firm.

4.3 The total Contract price does not cover the Technical Service fee and Technical Training fee specified in Appendix 6,7.

4.4 The total Contract price as well as the Technical Training and Technical Service fee shall not be regarded or in any way be explained or interpreted as covering any of the custom duties, taxes, or charges, fees, and expenses unless expressly listed in the Contract.

Article 5 Payment

5.1 Down Payment

Within ____ ( ) days after signing the Contract, the Buyer shall pay ____ ( ) percent of the total Contract price amounting ____ by T/T to the Seller.

Beginning of Option.......................

5.2 [Option One: Payment by Sight L/C]

The balance of the total Contract price amounting ___ ( says ___ only ) shall be paid by an irrevocable Letter of Credit at sight, issued within ___ ( ) days after signing the Contract by a reputable bank in ___ acceptable to the Seller in favor of the Seller. The Letter of Credit shall be available upon the presentation of the following documents till ______(specific expiration date or a specific circumstance for the expiration of the Letter of Credit).

5.2.1 ____ ( ) percent of the total Contract price amounting ____ (say ___ only) shall be paid by the Buyer to the Seller within _______ days after the following documents have been submitted by the Seller:

(a) Bill of Lading in one (1) original and ___ ( ) copies;

(b) Commercial Invoice in one (1) original and ___ ( ) copies;

(c) Packing list in one (1) original and ___ ( ) copies;

(d) Certificate of Origin in one (1) original and ___ ( ) copies;

(e) Insurance Policy in one (1) original and ___ ( ) copies;

5.2.2 ____ ( ) percent of the total Contract price amounting ____ (say ___ only) shall be paid by the Buyer to the Seller within _______ days after the following documents have been submitted by the Seller:

(a) One (1) copy of the Acceptance Certificate signed by the Buyer as per Article 11.5, or the Seller’s written statement specifying the lapse of more than seven (7) days after the Seller’s notice requesting the Buyer to issue the Acceptance Certificate in accordance with Article 11.5;

(b)One ( 1 ) copy of commercial invoice.

5.2.3 ____ ( ) percent of the total Contract price amounting ____ (say ___ only) shall be paid by the Buyer to the Seller within _______ days after the following documents have been submitted by the Seller:

a) One (1) original Letter of Retention Guarantee in the form of Appendix 10;

b) One (1) copy of Commercial Invoice.

5.2 [Option Two: Payment under a L/G]

The balance of the total Contract price amounting ___ (say ___ only ), plus interest for deferred payment in the amount of ___ (say ___ only ), totaling ___ (say ___ only ) as detailed in Appendix 12 shall be paid by the Buyer by installments as specified in Appendix 12 and backed by an irrevocable Letter of Guarantee in favor of the Seller as per the Appendix 11, issued within ___ ( ) days after signing the Contract by the reputable bank in ____ acceptable to the Seller.

End of Option.......................

5.3 All the banking charges incurred in the Seller’s bank shall be borne by the Seller while those incurred outside the Seller’s bank shall be borne by the Buyer.

Article 6 Delivery of Equipment and Technical Documentation

6.1 The Delivery of the Equipment

6.1.1 The delivery of the Equipment listed in Appendix 3 shall be completed within ____ ( ) months from the Effective Date of the Contract.

6.1.2 Within ____ ( ) months after the Effective Date of the Contract, the Seller shall send to the Buyer a preliminary delivery schedule by fax.

Not later than ____ ( ) days before the first shipment, the Seller shall submit to the Buyer the final delivery schedule in three (3) copies indicating Contract number, dispatch number, name of the Equipment, quantity, approximate dimensions, volume of each package and time of each shipment.

6.1.3 The port of shipment is ____, while the port of destination is ____.

6.1.4 Advance shipment, partial shipment and transshipment are allowed, however, the Seller shall inform the Buyer thirty (30) days before such shipment.

6.1.5 The date of Bill of Lading for each shipment shall be considered as the actual delivery date.

6.1.6 The Seller shall notify the Buyer by fax of the following within five (5) working days after each shipment is effected:

(a) Contract number

(b) Name of the vessel and loading port

(c) Name of the Equipment shipped

(d) Number and date of Bill of Lading

(e) Total volume

(f) Total gross and net weight

(g) Total number of packages/cases

6.1.7 The Seller shall airmail the following documents in duplicate to the Buyer:

(a) Bill of Lading

(b) Commercial Invoice

(c) Packing List

(d) Certificate of Origin

(e) Insurance Policy.

6.2 The Late Delivery of the Equipment

6.2.1 If the Seller fails to deliver the Equipment in accordance with the final delivery schedule, the Seller shall pay to the Buyer liquidated damages for such delay at the following rates:

(a) From the first week to the fourth week, the liquidated damages shall be

____ ( ) percent of the value of the delayed portion of the Equipment per

week

(b) From the fifth week to the eighth week, the liquidated damages shall be

____ ( ) percent of the value of the delayed portion of the Equipment per week

(c) From the ninth week, the liquidated damages shall be ____ ( ) percent of

the value of the delayed portion of the Equipment per week

6.2.2 The fractions of four days or more shall be counted as one week and fractions of less than four days shall be omitted. The total aggregate amount of the liquidated damages shall not exceed ____ ( ) percent of the value of the delayed portion Equipment.

6.2.3 The Seller shall be released from the liability to the Buyer whatsoever in respect of the late delivery after his payment of liquidated damages in accordance with Article 6.2. Notwithstanding the Seller’s payment of the liquidated damages for the late delivery Equipment, the Seller shall not be released from his obligation to deliver the Equipment.

6.3 The Delivery of the Technical Documentation

6.3.1 The Technical Documentation listed in Appendix 4 shall be delivered CIP ____airport by air within ____ ( ) months after the Effective Date of the Contract.

6.3.2 The date of airway bill shall be regarded as the actual delivery date of the Technical Documentation.

6.3.3 Within ____ ( ) working days after sending each lot of the Technical Documentation, the Seller shall inform the Buyer of the Contract number, item number, number and date of airway bill and the flight.

英文合同 篇8

合約編號:________

Contract NO._______

售貨合約

SALESCONTRACT

-------

買方:_____

日期:____年__月__日

Buyers:_____cate:_____

賣方:____ 中國___進出口公司___省分公司

Sellers: China National Metals &Minerals Import& Export corporation

,____Branch

雙方同意按下列條款由買方購進賣方售出下列商品:

The Buyers agree to buy and the Sellers agree to sell the following

good ontermsand conditions set for the below:

──────────────┬───────┬──────┬──────(1)貨物名稱及規格,包裝及│(2)數量 │(3)單價 │(4)總價裝運嘜頭 │ ││

Name or commodity and Speci- │Quantity│unit price │Total

Fications Packing and shipp- │ ││AmountIng Marks │ ││

──────────────┼───────┼──────┼──────(裝運數量允許有 %的增減)│ ││

(Shipment Quantity % more │ ││

Or less allowd │ ││

──────────────┴───────┴──────┴──────(5)裝運期限

Time of Shipment:

(6)裝運口岸

Ports of Loading

(7)目的.口岸

Port of Destination:

(8)保險:投保___險,由___按發票金額___%,投保

Insurance: Covering Risks for____% of Invoice Value to be effected

By the

(9)付款條件:___……

Terms of Payment :___憑保兌的,不可撤消的,可轉讓的,可分割的即期付款信用證,信用證以中

國五金礦產進出口公司__分公司爲受益人並允許分批裝運和轉船。

By confirmed irrevocable, transferable and divisible letter of credit

In favour of China National Metals &Minerals Import& Export Corporation

___Branch payable at sight allowing partial shipments and transhipment.

該信用證必須在___前開到賣方,信用證的有效期應爲裝船期後15天,在上述裝運口岸到期,

否則賣方有權取消本售貨合約並保留因此而發生的一切損失的索賠權。

注意:開立信用證時,請在證內註明本售貨確認書號碼 China National Texties Import and

Export Corporation

IMPORTANT: When establishing L/C, please

Indicate the number of this Sales c ofrSHANTUNGBRANCH

Mation in the L/C.

買方(The Buyers):_____

賣方(The Sellers):_____

請在本合同簽字後寄回一份存檔

Please sign and return one copy for outfile.

英文合同 篇9

編號no. _____________

中國 china

c.i.f./c.&f.

合同格式

c.i.f. /c. &

買受人: ______________ 出賣人:________________

buyer: ______________ seller:________________

地址: ______________ 地址: ________________

adress: ______________ adress:________________

電掛: ______________ 電掛: ________________

cable: ______________ cable: ________________

電傳: ______________ 電傳: ________________

telex: ______________ telex: ________________

上述買賣雙方按照下列條件於____年____月____日簽訂合同。

the seller and the buyer above named have this ____day of ________ _________entered into this contract on the following terms and conditions .

1.貨物

commodity :

序 號

item no.

單位

description

單價

unit

.數量

quantity

單價

unit price

總價

amount

2.合同總價:_____________________

total contract value:____________

3.包裝:_________________________

packing:_________________________

4.保險:根據_____保險公司保險條款按發票金額___%insurance:投保____險。

covering all risks for ___% of the invoice value as per insurance: policy of people’s insurance company china (p.i.c.c).

由買方自理。

to be affected by the buyer.

5.運輸標誌:_____________________

shipping marks:__________________

6.裝運港:_______________________

intended port(s)of shipment:

__________________________________

7.目的港:_______________________

port of destination:_____________

8.裝運期:_______________________

shipment period:_________________

9.付款條件:_____________________

terms of payment:________________

合同貨款應由買方通過賣方可接受的銀行,按合同總價開出以賣方爲受益人的、無追索權、保兌、不可撤銷、可轉讓、可分批裝運、可轉船的信用證支付。憑________即其期匯票在

提示第10條所列裝運單據時付款。該信用證最遲應於裝運期開始前________天開到賣方,而且在裝運期結束後15天內仍能在中國有效議付。

若買方未能履行上述義務,根據賣方的選擇,可終止本合同,或接受本合同的部分或全部,或就由此而發生的任何損失提出索賠。

payment hereunder shall be made by confirmed ; irrevocable and transferable without recourse letter of credit in favour of the seller for the total contract value opened by a band acceptable to the seller permitting part shipments and transshipments in one or more vessels ,and available by______sight draft(s) against presentation of the shipping documents mentioned in clause letter of credit shall reach the seller not less than______days prior to the start of the shipment period and remain valid for negotiation in china until the 15th day after the expiry of the shipment period.

should the buyer fail to fulfil its obligations mentioned above , the seller shall ,at its discretion, terminate the contract or accept whole or part of this contract ,or lodge a claim for losses thus sustained ,if any .

10.裝運單據:

shipping documents:

(a)商業發票;

commercial invoices (s);

(b)空白擡頭、空白背書、可轉讓的清結提單,或指定買方爲收貨人的記名提單;

negotiable clean bill (s) of lading to order bland endorsed or naming buyer’s consigee;

(c)原產地證書;

certificate (s) of origin;

(d)裝箱單;

packing list ;

(e)保險單(只適用於gif合同)。

certificate (s) of insurance (in the case of gif sales) .

11.合同的完整性與轉讓:

complete contract and asignment:

(a)本合同中的條件和條款構成買賣雙方(以下簡稱“雙方”)對合同項下貨物的全部和最終理解。對本合同的任何修改、補充或對合同任何條款的免除,均必須經受約束方書面確認,否則無效。

the terms and conditions found within this contract constitute the complete and final understanding of the seller and the buyer (hereinafter” the parties”) with respect to the commodity referred to herein . no modification, extension or release from any provision hereof shall be effective unless the same shall be confirmed in writing by the party to be bound .

(b)未經賣方事先書面同意,本合同及合同項下的任何權益不得轉讓。

neither this contract nor and interest therein shall be assignable witout the prior written consent of the seller.

12.擔保:

warranty:

賣方擔保所有貨物符合第一條規定的規格。除此之外,任何性質的陳述,擔保和條件,均予排除並消滅。

the seller warrants that all commodity will conform to the description set out in clause 1. save as aforesaid all representations , conditions and warranties of whatsoever nature are hereby excluded and extinguished.

13.許可證、關稅和稅收:

licenses,duties and taxes:

除本合同另有規定外,所有進口許可、許可證以及不屬於國家的任何政府機構徵收的一切進口稅、關稅和各種稅收均由買方負擔。

except as otherwise provided herein , all import permits and licenses and the import duties, customs fees and all taxes levied by any government authority other than the seller ’s country shall be the sole responsibility of the buyer.

14.不可抗力:

force majeure:

如果賣方遇到人力不可抗拒事件,包括但不限於火災、水災、地震、颱風、自然災害以及任何其他賣方不能合理控制的任何意外事故和情況,阻止、妨礙或干擾了本合同的履行時,本合同規定的賣方履約時間應自動延長,其延長年時間應相當於因人力不可抗拒事件直接地或間接地使賣方不能履行本合同的時間。受不可抗力事件影響的賣方應在合理的時間內,用電報或電傳將不可抗力事件的發生通知買方,並於__個月內將有關當局出具的有關不可抗力事件的證明航寄買方。

如果不履約的情況延續達___天以上,雙方應立即協商修改合同。若從不可抗力事件發生之日起___天內雙方當事人未能取得雙方滿意的.解決辦法時,任何一方都可以終止履行本合同未執行部分。

the time for the performance of the seller’s obligations set forth in this contract shall be automatically extended for a period equal to the duration of any nonperformance arising derecly or indirectly from force majeure events including but not limited to fire , flood , earthquake , typhoon , natural catastrophe ,and all other contingencies and circumstances whatsoever beyond the seller’s reasonable control preventing , hindering or interfering with the performance thereof , the seller so prevented by force majeure shall in reasonable time inform the buyer by cable or telex of the occurrence of force majeure and within one month by air mail a relevant certificate issued by competent authorities as evidence thereof . if the nonperformance lasts for more than ___ (___) days ,the parties shall immediately consult together in an effort to agree upon a revised contract basis the parties are unable to arrive at a mutually satisfactory solution within _____(___) days from the beginning of such force majeure , then either of the parties may terminate the contract in respect of the unexecuted portion of the contract .

15.索賠

claims:

如發現貨物在質量、數量或規格方面與本合同第一條規定不符,賣方同意審覈任何因此而提出的索賠。該索賠要求應經賣方認可的有信譽的檢驗機構出具的報告證實。質量方面的索賠要求應於貨物到達目的港後__個月內以書面形式提出,數量或規格方面的索賠要求,應於貨物到達目的港後__天內以書面的形式提出。

在任何情況下,賣方對利潤損失、時間延誤、商譽損害或其他由此而引起的任何特殊或間接損失概不負責。

對於任何原因造成的任何性質的一切滅失或損害,賣方的賠償責任,在任何情況下不得超過索賠部分貨物的合同價款,或者根據賣方的選擇,對此貨物修復或更換。

should the quality , quantity and / or specification of the commodity be found not in conformity with the description set out in clause one , the seller agrees to examine any claim , which shall be supported by a report issued by a reputable surveyor approved by the seller ,claims concerning quality shall be made in writing within ___months after the arrival of the goods at the port of destination .l claims concerning quantity and / ofr specification shall be made in writing within ______ days after the arrival of the goods at the port of destination . in no event shall the seller be liable for lost profits , delay , injury to goodwill or any special or consequential damages howsoever any lr the same are caused .

the seller ’ s liability for any and all losses of damages of whatsoever nature resulting from any cause whatsoever shall in no event exceed the portion of the total contract price attributable to commodity in respect of which the claim is made , or at the election of the repair of replacement of such commodity .

16.仲裁:

arbitration:

本合同受中華人民共和國的法律管轄,並按其進行解釋。一切因合同引起的或與合同有關的爭議,如果可能,應通過友好協商解決。如果協商不能解決,任何一方都可以提出仲裁。仲裁地點爲______________。仲裁在________仲裁委員會進行,並適用它的仲裁規則。仲裁裁決是終局的,對雙方均有約束力。除仲裁另有裁定外,仲裁費用由敗訴方負擔。

this contract shall be governed by and construed in accordance with the law of the people ’s republic of china . all disputes arising from or in connection with this contract shall if possible be settled amicably through friendly negotiation . in case no settlement can be reached thereby the dispute may if either party so requires be resolved by the arbitration shall be ______________________ arbitration shall take place in the ______________ arbitration commission and its arbitral rules shall be applicable award shall be final and binding upon both parties . the arbitration fees ,unless otherwise awarded ,shall be borne by the losing party.

賣方和授權的高級職員或代表於上述日期簽訂本合同,特此爲證。

in witness whereof the seller and the buyer have caused this contract to be executed by their duly authorized officers or representatives as of the day and year first above written.

出賣人:__________ 買受人:___________

seller:__________ buyer:___________

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