英文合同范文八篇
在人们越来越相信法律的社会中,合同的用途越来越广泛,签订合同可以使我们的合法权益得到法律的保障。合同有不同的类型,当然也有不同的目的,下面是小编整理的英文合同8篇,供大家参考借鉴,希望可以帮助到有需要的朋友。
英文合同 篇1
Party A (Inviter):甲方(邀请方):
Person in Charge:负责人:
Phone: 电 话:
Party B (Performer):Festival Chamber Orchestra 乙方(演出方): 节日室内乐团
Person in Charge:负责人:
Phone: 电 话:
As Party A requested, Party B will provide orchestra performance service for Party A. The contract of the performance service is as following after friendly negotiation between the two parties:
受甲方委托,乙方为甲方提供管弦乐演出服务。经双方友好协商,特签署如下演出服务合同:
I. BASIC CONDITIONS: 基本概述:
A, Number of people in the performance: 演出人数:
B, Venue of the performance: 演出地点:
C, Time of the performance: year/month/date/time____ (All the performers will arrive at the venue 15 minutes prior to the start of the performance. Each performance will be within 90 minutes. There include 10 minutes break between the two halves. Extra time's performance required by Part A cost extra pro rata.)
演出时间:____年___ 月___日 (演出人员提前15分钟到现场,每场演出时间为90分钟之内,包括中间休息10分钟。如果甲方要求额外增加演出时间,将需按比例额外支付演出费于乙方。)
D, Main performance programs 主要演出节目包括
圣诞节及新年欢庆爵士 Christmas & New Year's Holiday Jazz
约翰斯特劳斯圆舞曲 Strauss Walts
春之声 Voices of Spring
南国玫瑰 Roses from the South
维也纳森林的故事 Tales from the Vienna Woods
蓝色多瑙河 On the Beautiful Blue Danube
多瑙河之波 Danube Waves
意大利名歌 Italian Songs
II. CONDITIONS OF THE PAYMENT价格条款
A, Party A will pay Party B____(US DOLOLLAR) as the service fee (including tax).
甲方向乙方支付演出服务费____ 美元 (含税);
B, Way/s of Payment: 付款方式:
a. Party A will pay Party B 30% of the total fee of the performance service one week before the performance. The remaining 70% of the performance fee will be paid to Party B on the same day of the performance by Party A.
甲方提前一周向乙方支付定金为演出服务费总额的30%,余额70%于演出当天向乙方结清。
b. Party A must guarantee to pay Party B the whole amount of service fee on the same day when the performance is finished. The way of payment can be cash.
甲方保证在演出活动结束当天向乙方支付全额演出服务费;支付方式可按现金支付。
C, If Party A needs to have a receipt from Party B, Party A must pay extra fee which is equal to the tax later on paid by Party B.
如甲方需乙方提供发票给甲方,甲方须另补足相应的税收金额。
III. SERVICE CONDITIONS服务条款
A, Party A should provide proper venue and some room/s for performers to have a rest. During the performing time, it is Party A's responsibility to make sure of good order inside the venue so as to let the performance go smoothly without any interference or disruption. During the recess, person/s in charge of Party A should provide a cup of soft drink for each performer from Party B.
甲方在合同期内为乙方提供合适的场所和演员休息室,在演出时间内,负责维持好场内秩序,以保证演出顺利进行。休息时间甲方主管人员负责向乙方演出人员提供每人软饮料一杯.
B, Party B will guarantee that all the performers have the skills/standard/expertise agreed on the contract.
乙方保证派出的演出人员应具有双方商议所确定的水平和能力。
C, Party B must guarantee that all the performers will arrive at the venue punctually and be ready for the performance service. Any performers from Party B should not either arrive late or leave early. If there is an emergency, Party B must inform Party A beforehand and get approval from Party A.
乙方必须确保安排的演出人员按指定时间到达指定地点提供演出服务;乙方在演出时间内不得迟到早退,如有特殊情况,必须事先通知且征得甲方同意。
D, Party B will guarantee the number of ...... performers. The ensemble members will wear costumes for the performance and use make-up so as to look nice and elegance. If any other equipment/s is/are needed for the performance, Party B must meet all the requirements.
乙方保证乐队演出人数 人,乐队统一服饰,演员必须化装,穿演出服,仪表整洁、大方;如该场演出需要乙方携带附属演出所需其它设备,乙方必须完全按要求做到。
IV. BREAKING THE CONTRACT违约条款
A, If there is no guarantee to send the performers for Party A agreed in the contract, Party B should inform Party A 15 working days prior to the performance. It is also Party B's responsibility to recommend some other performers who have the same skills/expertise for Party A. Otherwise Party A reserves the right to seek for compensation from Party B.
如乙方此后不能为甲方派出约定的演员,乙方应提前15个工作日通知甲方,并有义务向甲方推荐具有同等水平和能力的演员;否则甲方将保留索赔的权力。
B, Both Party A and Party B must reconfirm the contract seven days prior to the performance. After the reconfirmation, any cancellation of the contract either from Party A or Party B will be regarded as the violation of the contract Consequently, whoever cancelled the contract will pay another party 50% of the total service fee as the compensation of the violating the contract.
甲、乙双方须在演出前一周(七天)予以最后确认演出合同,之后届时无论哪方取消演出,均视为单方违约行为,并须向对方支付50%标的'的违约金。
C, Any other affairs or the dispute/s caused by the contract will be kindly negotiated between the two parties.
其它未尽事宜,或由本合同引发的争议,由双方友好协商解决。
V. EFFICACITY PROVISION效力条款
A, There are two copies of this contract. Party A and Party B will keep one copy each.
本合同一式两份,甲、乙双方各执一份;
B, This contract starts to be legally bounden to both parties since the day when it is signed. The fax has the same legal bound as the formal contract.
自签字之日起生效,传真件与合同正本均有效。
Party A (Inviter): Party B (Performer):
甲方(邀请方): 乙方(演出方):节日室内乐团
Year / Month / Date Year / Month / Date
年 月 日 年 月 日
英文合同 篇2
purchase contract
特别提示:
(1)斟酌后才勾画所适用的条款,附加条款应写清。
(2)应有专人负责交易的全过程及处理相关的事务。
(3)收、发的文件仔细斟酌和妥善保存。
(4)不要超越商检、索赔期限,以免丧失主张权利的时机。
(5)及时行使撤销权和不安抗辩权,并通知对方。
合同编号 (contract no.):_______
签订日期 (date):__________
签订地点 (signed at):_________
买方:____________________________
the buyer:_________________________
地址:____________________________
address: __________________________
电话(tel):________传真(fax):____________
电子邮箱(e-mail):______________________
卖方:____________________________
the seller:_________________________
地址:____________________________
address: __________________________
电话(tel):________传真(fax):____________
电子邮箱(e-mail):______________________
买卖双方同意按照下列条款签订本合同:
the seller and the buyer agree to conclude this contract subject to the terms and conditions stated below:
1. 货物名称、规格和质量(name, specifications and quality of commodity):
2. 数量(quantity):
允许____的溢短装(___%more or less allowed)
3. 单价(unit price):
4. 总值(total amount):
5. 交货条件(terms of delivery):fob/cfr/cif_______
6. 原产地国与制造商(country of origin and manufacturers):
7. 包装及标准(packing):
货物应具有防潮、防锈蚀、防震并适合于远洋运输的包装,由于货物包装不良而造成的货物残损、灭失应由卖方负责。卖方应在每个包装箱上用不褪色的颜色标明尺码、包装箱号码、毛重、净重及“此端向上”、“防潮”、“小心轻放”等标记。
the packing of the goods shall be preventive from dampness, rust, moisture, erosion and shock, and shall be suitable for ocean transportation/ multiple transportation. the seller shall be liable for any damage and loss of the goods attributable to the inadequate or improper packing. the measurement, gross weight, net weight and the cautions such as "do not stack up side down", "keep away from moisture", "handle with care" shall be stenciled on the su***ce of each package with fadeless pigment.
8. 唛头(shipping marks):
9. 装运期限(time of shipment):
10. 装运口岸(port of loading):
11. 目的口岸(port of destination):
12. 保险(insurance):
由____按发票金额110%投保_____险和_____附加险。
insurance shall be covered by the ____for 110% of the invoice value against ______risks and _______additional risks.
13. 付款条件(terms of payment):
(1) 信用证方式:买方应在装运期前/合同生效后__日,开出以卖方为受益人的不可撤销的议付信用证,信用证在装船完毕后__日内到期。
letter of credit: the buyer shall in ______days prior to the time of shipment /after this contract comes into effect, open an irrevocable letter of credit in favor of the seller. the letter of credit shall expire ____days after the completion of loading of the shipment as stipulated.
(2) 付款交单:货物发运后,卖方出具以买方为付款人的付款跟单汇票,按即期付款交单(d/p)方式,通过卖方银行及_____银行向买方转交单证,换取货物。
documents against payment: after shipment, the seller shall draw a sight bill of exchange on the buyer and deliver the documents through sellers bank and ______bank to the buyer against payment, i.e d/p. the buyer shall effect the payment immediately upon the first presentation of the bill(s) of exchange.
(3) 承兑交单:货物发运后,卖方出具以买方为付款人的付款跟单汇票,付款期限为_____后__日,按即期承兑交单(d/a __日)方式,通过卖方银行及 银行,经买方承兑后,向买方转交单证,买方在汇票期限到期时支付货款。
documents against acceptance: after shipment, the seller shall draw a sight bill of exchange, payable _____days after the buyers delivers the documents through sellers bank and ________bank to the buyer against acceptance(d/a _____days).the buyer shall make the payment on date of the bill of exchange.
(4) 货到付款:买方在收到货物后__天内将全部货款支付卖方(不适用于fob、crf、cif术语)。
cash on delivery (cod): the buyer shall pay to the seller total amount within _______days after the receipt of the goods (this clause is not applied to the terms of fob,cfr,cif).
14. 单据(documents required):
卖方应将下列单据提交银行议付/托收:
the seller shall present the following documents required to the bank for negotiation/collection:
(1) 标明通知收货人/受货代理人的全套清洁的、已装船的、空白抬头、空白背书并注明运费已付/到付的海运/联运/陆运提单。
full set of clean on board ocean/combined transportation/land bills of lading and blank endorsed marked freight prepaid/ to collect;
(2) 标有合同编号、信用证号(信用证支付条件下)及装运唛头的商业发票一式__份;
signed commercial invoice in ______copies indicating contract no., l/c no. (terms of l/c) and shipping marks;
(3) 由______出具的装箱或重量单一式__份;
packing list/weight memo in _______copies issued by__;
(4) 由______出具的质量证明书一式__份;
certificate of quality in _______copies issued by____;
(5) 由______出具的数量证明书一式__份;
certificate of quantity in _______copies issued by____;
(6) 保险单正本一式__份(cif 交货条件);
insurance policy/certificate in _______copies (terms of cif);
(7)____签发的产地证一式__份;
certificate of origin in _________copies issued by____;
(8) 装运通知(shipping advice): 卖方应在交运后_____ 小时内以特快专递方式邮寄给买方上述第__项单据副本一式一套。
the seller shall, within ____hours after shipment effected, send by courier each copy of the above-mentioned documents no. __.
15. 装运条款(terms of shipment):
(1) fob交货方式
卖方应在合同规定的装运日期前30天,以____方式通知买方合同号、品名、数量、金额、包装件、毛重、尺码及装运港可装日期,以便买方安排租船/订舱。装运船只按期到达装运港后,如卖方不能按时装船,发生的空船费或滞期费由卖方负担。在货物越过船弦并脱离吊钩以前一切费用和风险由卖方负担。
the seller shall, 30 days before the shipment date specified in the contract, advise the buyer by _______of the contract no., commodity, quantity, amount, packages, gross weight, measurement, and the date of shipment in order that the buyer can charter a vessel/book shipping space. in the event of the seller‘s failure to effect loading when the vessel arrives duly at the loading port, all expenses including dead freight and/or demurrage charges thus incurred shall be for the seller‘s account.
(2) cif或cfr交货方式
卖方须按时在装运期限内将货物由装运港装船至目的港。在cfr术语下,卖方应在装船前2天以____方式通知买方合同号、品名、发票价值及开船日期,以便买方安排保险。
the seller shall ship the goods duly within the shipping duration from the port of loading to the port of destination. under cfr terms, the seller shall advise the buyer by _________of the contract no., commodity, invoice value and the date of dispatch two days before the shipment for the buyer to arrange insurance in time.
16. 装运通知(shipping advice):
一俟装载完毕,卖方应在__小时内以____方式通知买方合同编号、品名、已发运数量、发票总金额、毛重、船名/车/机号及启程日期等。
the seller shall, immediately upon the completion of the loading of the goods, advise the buyer of the contract no., names of commodity, loading quantity, invoice values, gross weight, name of vessel and shipment date by _________ within ________hours.
17. 质量保证(quality guarantee):
货物品质规格必须符合本合同及质量保证书之规定,品质保证期为货到目的港__个月内。在保证期限内,因制造厂商在设计制造过程中的缺陷造成的货物损害应由卖方负责赔偿。
the seller shall guarantee that the commodity must be in conformity with the quality, specifications and quantity specified in this contract and letter of quality guarantee. the guarantee period shall be ______months after the arrival of the goods at the port of destination, and during the period the seller shall be responsible for the damage due to the defects in designing and manufacturing of the manufacturer.
18. 检验(inspection)(以下两项任选一项):
(1)卖方须在装运前__日委托______检验机构对本合同之货物进行检验并出具检验证书,货到目的.港后,由买方委托________检验机构进行检验。
the seller shall have the goods inspected by ______days before the shipment and have the inspection certificate issued by____. the buyer may have the goods reinspected by ________ after the goods arrival at the destination.
(2) 发货前,制造厂应对货物的质量、规格、性能和数量/重量作精密全面的检验,出具检验证明书,并说明检验的技术数据和结论。货到目的港后,买方将申请中国商品检验局(以下简称商检局)对货物的规格和数量/重量进行检验,如发现货物残损或规格、数量与合同规定不符,除保险公司或轮船公司的责任外,买方得在货物到达目的港后__日内凭商检局出具的检验证书向卖方索赔或拒收该货。在保证期内,如货物由于设计或制造上的缺陷而发生损坏或品质和性能与合同规定不符时,买方将委托中国商检局进行检验。
the manufacturers shall, before delivery, make a precise and comprehensive inspection of the goods with regard to its quality, specifications, performance and quantity/weight, and issue inspection certificates certifying the technical data and conclusion of the inspection. after arrival of the goods at the port of destination, the buyer shall apply to china commodity inspection bureau (hereinafter referred to as ccib) for a further inspection as to the specifications and quantity/weight of the goods. if damages of the goods are found, or the specifications and/or quantity are not in conformity with the stipulations in this contract, except when the responsibilities lies with insurance company or shipping company, the buyer shall, within _____days after arrival of the goods at the port of destination, claim against the seller, or reject the goods according to the inspection certificate issued by ccib. in case of damage of the goods incurred due to the design or manufacture defects and/or in case the quality and performance are not in conformity with the contract, the buyer shall, during the guarantee period, request ccib to make a survey.
19. 索赔(claim):
买方凭其委托的检验机构出具的检验证明书向卖方提出索赔(包括换货),由此引起的全部费用应由卖方负担。若卖方收到上述索赔后______天未予答复,则认为卖方已接受买方索赔。
the buyer shall make a claim against the seller (including replacement of the goods) by the further inspection certificate and all the expenses incurred thereafter shall be borne by the seller. the claims mentioned above shall be regarded as being accepted if the seller fail to reply within ______days after the seller received the buyer’s claim.
20. 迟交货与罚款(late delivery and penalty):
除合同第21条不可抗力原因外,如卖方不能按合同规定的时间交货,买方应同意在卖方支付罚款的条件下延期交货。罚款可由议付银行在议付货款时扣除,罚款率按每__天收__%,不足__天时以__天计算。但罚款不得超过迟交货物总价的____ %。如卖方延期交货超过合同规定__天时,买方有权撤销合同,此时,卖方仍应不迟延地按上述规定向买方支付罚款。
买方有权对因此遭受的其它损失向卖方提出索赔。
should the seller fail to make delivery on time as stipulated in the contract, with the exception of force majeure causes specified in clause 21 of this contract, the buyer shall agree to postpone the delivery on the condition that the seller agree to pay a penalty which shall be deducted by the paying bank from the payment under negotiation. the rate of penalty is charged at______% for every ______days, odd days less than _____days should be counted as ______days. but the penalty, however, shall not exceed_______% of the total value of the goods involved in the delayed delivery. in case the seller fail to make delivery ______days later than the time of shipment stipulated in the contract, the buyer shall have the right to cancel the contract and the seller, in spite of the cancellation, shall nevertheless pay the aforesaid penalty to the buyer without delay.
the buyer shall have the right to lodge a claim against the seller for the losses sustained if any.
21. 不可抗力(force majeure):
凡在制造或装船运输过程中,因不可抗力致使卖方不能或推迟交货时,卖方不负责任。在发生上述情况时,卖方应立即通知买方,并在__天内,给买方特快专递一份由政府主管当局签发的事故证明书。在此情况下,卖方仍有责任采取一切必要措施加快交货。如事故延续__天以上,买方有权撤销合同。
the seller shall not be responsible for the delay of shipment or non-delivery of the goods due to force majeure, which might occur during the process of manufacturing or in the course of loading or transit. the seller shall advise the buyer immediately of the occurrence mentioned above and within_____ days thereafter the seller shall send a notice by courier to the buyer for their acceptance of a certificate of the accident issued by the competent government authorities under whose jurisdiction the accident occurs as evidence thereof. under such circumstances the seller, however,are still under the obligation to take all necessary measures to hasten the delivery of the goods. in case the accident lasts for more than _____days the buyer shall have the right to cancel the contract.
22. 争议的解决 (arbitration):
凡因本合同引起的或与本合同有关的任何争议应协商解决。若协商不成,应提交中国国际经济贸易仲裁委员会,按照申请时该会当时施行的仲裁规则进行仲裁,仲裁地点在中国深圳。仲裁裁决是终局的,对双方均有约束力。
any dispute arising from or in connection with the contract shall be settled through friendly negotiation. in case no settlement is reached, the dispute shall be submitted to china international economic and trade arbitration commission(cietac), for arbitration in accordance with its rules in effect at the time of applying for arbitration. the place of arbitration is in ____, china. the arbitral award is final and binding upon both parties.
23. 通知(notices):
所有通知用____文写成,并按照如下地址用传真/快件送达给各方。如果地址有变更,一方应在变更后__日内书面通知另一方。
all notice shall be written in _____ and served to both parties by fax/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.
24. 本合同使用的fob、cfr、cif术语系根据国际商会《国际贸易术语解释通则》。
the terms in the contract are based on incoterms 1990 of the international chamber of commerce.
25. 附加条款(additional clause):
本合同上述条款与本附加条款抵触时,以本附加条款为准。
conflicts between contract clause here above and this additional clause, if any, it is subject to this additional clause.
26. 本合同用中英文两种文写成,两种文具有同等效力。本合同共__份,自双方代表签(盖章)之日起生效。
this contract is executed in two counterparts each in chinese and english, each of which shall deemed equally authentic. this contract is in ______copies, effective since being signed/sealed by both parties.
买方代表人(签):
representative of the buyer
(authorized signature):
卖方代表人(签):
representative of the seller
(authorized signature):
联系方式:
英文合同 篇3
担保协议Guarantee Agreement 担保合同,(适用于银行担保项下)(Applicable to Bank Guarantee)
1.作为委托人的(以下称“委托人”)和
2.作为保证人的XX银行股份有限公司 ( 以下称“保证人” )签署。
This Guarantee Agreement (hereinafter referred to as the
“Agreement”) is made and entered into
as of (M/D/Y) between as the Client (hereinafter referred to as the
"Client") and Branch, China XXXX Bank as the Guarantor (hereinafter referred to as the“Guarantor”).
□本协议构成委托人与保证人签订的编号为 年 字第号的《授信协议》
(下称《授信协议》)的组成部分(本条适用的,在□中打“√”)。
The Agreement constitutes an integral part of the Credit Extension Agreement [20 ] No.
(hereinafter referred to as the “Credit Extension Agreement”) between the Client and the
Guarantor (if this paragraph applies, please click “√” in □).
鉴于:Whereas
1.委托人或被担保人 (以下简称被担保人)与 于 年月日签署了总金额为 币 的编号为 的关于 的合同/ 标书(以下简称“合同”),或委托人
或被担保人参加了招标书编号为 关于 项目的投标(以下简称“投标”);
1. The Client or the Guaranteed (hereinafter referred to as the “Guaranteed”)
signed No.Contract on/ Bid Document totaling (Currency) (hereinafter referred to as the “Contract”) withon (M/D/Y), or the
Client or the Guaranteed participated in the tender forProject with Bid
Document No. (hereinafter referred to as the “Bid”);
2.委托人申请保证人为委托人或被担保人开立上述合同或投标项下以
为受益人(以下称“受益人”),金额 币 ,编号为 的保函/备用信用证(下称“保函”)。
2. The Client applies to the Guarantor to open No. Letter of Guarantee/Stand-by LC
(hereinafter referred to as the “Letter of Guarantee”) with an amount of(Currency)
under the above Contract or Bid for the Client or the Guaranteed with as the Beneficiary (hereinafter referred to as the “Beneficiary”).
保证人同意应委托人申请按如下条件为委托人或被担保人向受益人开具上述保函:
The Guarantor agrees to issue the above letter of guarantee in favor of the beneficiary for the Client or the Guaranteed upon request of the Client on the following terms and conditions:
第1条 在保证人开立保函之前,委托人应根据保证人的要求:
Article 1 Before the Guarantor issues the letter of guarantee, the Client shall upon request of the Guarantor:
1.1 向保证人提供下列保障(以下项目根据实际情况打“√”选择):
1.1 Provide the Guarantor with the following security (please click “√” according to facts):
□1.1.1 在保证人处开立保证金账户(保证金账号为以保证金存入时甲方系统自动生成的帐号为准),存入金额为 币 的保证金,作为委托人履行本协议项下各项义务的质押担保,以备受益人索赔时偿付;和/或
□1.1.1 Open a guarantee fund account (A/C is generated automatically by Party A’s system when the guarantee fund is deposited) with the Guarantor, and deposit a guarantee fund of (Currency)as a pledge guarantee for the Client to perform each obligation under the
Agreement, and indemnify the Beneficiary at the time of claim; and/or
□1.1.2经保证人认可的企业法人、其他组织或自然人向保证人签发以保证人为受益人的不可撤销反担保书;和/或
□1.1.2 Have any corporation, or other organization or natural person recognized by the Guarantor issue the Guarantor with an irrevocable letter of counter guarantee in favor of the Guarantor; and/or
□1.1.3以保证人接受的抵押物或质物抵(质)押给保证人,以作为偿付担保。双方另订抵(质)押合同。(做删除标记)
本合同为《授信协议》项下具体合同的,本条款不适用,本合同项下债务自动纳入与保证人签署了最高额抵/质押合同或向保证人出具了最高额不可撤销担保书的担保人的担保范围。If the Contract is a particular contract under the Credit Extension Agreement, this Article will be inapplicable, and the obligations under the Contract will be automatically included into the scope of undertaking by the undertaker signing a maximum mortgage/pledge contract with the guarantor or issuing the guarantor with a maximum irrevocable letter of undertaking.
1.2应保证人要求向保证人提供下列文件的正本或经委托人法定代表人签字并加盖公章证实为真实和完整的副本;
1.2 Upon request of the guarantor, provide the Guarantor with the original copies of the following documents or the duplicate copies signed by the legal representative of the Client and stamped with the official seal for proof of authenticity and integrity;
1.2.1委托人及/或被担保人的营业执照;
1.2.1 The business license of the Client and/or the Guaranteed;
1.2.2委托及/或被担保人的公司章程;
1.2.2 The articles of association of the Client and/or the Guaranteed;
1.2.3委托人全体现任董事名单及签字样本;
1.2.3 The name list and the specimen signature of all the current directors of the Client;
1.2.4同意委托人签署并执行本协议的委托人的董事会决议;
1.2.4 The resolution of the board of directors of the Client approving the Client to sign and execute the Agreement;
1.2.5委托人或被担保人与受益人签署的合同;或受益人的招标文件,投标人的投标文件;(做删除标记)
1.2.6委托人的上年度财务报表及审计报告书,以及申请前一个月的财务数据;
1.2.6 The Client’s financial statements and auditor’s report for the last year, and financial data for the month before the application;
1.2.7抵押物或质物的权属证件(若有抵押物或质物时);(做删除标记)
1.2.8保证人要求的其他资料。
1.2.8 Other materials as requested by the Guarantor.
上述手续或材料以保证人实际要求的为准,并且为保证人应享有的权利而非义务,有关手续或材料是否完全齐备对本协议效力不构成影响。
The provision of the above formalities or materials shall be based upon the actual request of the Guarantor, which is a right entitled to but not a duty assumed by the Guarantor, and their completeness and fullness will not affect the legal force of the Agreement.
华译网翻译公司提供专业担保合同翻译服务。Shanghai Chinese consecutive interpretation service
华译网翻译公司提供专业同声传译服务。
第2条 委托人在此向保证人声明、承诺和保证如下:
Article 2 The Client hereby makes a declaration, commitment and warrant to the Guarantor as follows:
2.1委托人为依照中华人民共和国法律正式成立及有效存在的商事主体,有充分的民事行为能力签订和履行本协议;
2.1 The Client is a commercial subject legally incorporated and validly in existence under the laws of the P. R. of China, and has full civil capacity to sign and perform the Agreement;
2.2委托人有合法的资格签署及履行本协议,签订和履行本合同已获得董事会或任何其他有权机构的充分授权;
2.2 The Client is eligible to sign and perform the Agreement, and has obtained the full authorization of the Board of Directors or any other competent authorities to sign and perform the Contract;
2.3 委托人或被担保人有合法资格与受益人签署合同,有足够的.能力履行与受益人签署的合同;委托人保证委托人或被担保人履行与受益人签署的合同,并有义务及时向保证人通报履约情况及出现的问题;
2.3 The Client or the Guaranteed is eligible to sign the Contract with the Beneficiary, and has full capacity to perform the Contract signed with the Beneficiary; and the Client undertakes that the Client or the Guaranteed shall perform the Contract signed with the Beneficiary, and has duty to inform the Guarantor about the performance of contract and any issue arisen in due course;
2.4 委托人接受和认可保证人向受益人开立的保函的内容;
2.4 The Client accepts and acknowledges the contents of the letter of guarantee issued by the Guarantor to the Beneficiary;
2.5 委托人保证不使保证人因为开具保函而蒙受任何损害和损失;
2.5 The Client undertakes to protect the Guarantor from any damage or loss as a result of issuing the letter of guarantee;
2.6 委托人无条件地同意保证人按有关法律规定及/或在无其他约定的情况下按办理保函项下的一切事宜,并承担由此产生的责任;
2.6 The Client unconditionally agrees the Guarantor shall handle any matters under the letter of guarantee according to the relevant provisions of the laws except otherwise stipulated, and assume any liability arisen therefrom;
2.7委托人保证当受益人向保证人索赔时,委托人无条件承担第一位付款责任;
2.7 The Client undertakes that where the Beneficiary claims against the Guarantor, the Client shall unconditionally assume the primary liability for payment;
2.8委托人保证保函项下的项目符合国家有关法律法规的规定,由于项目本身而产生的一切经济和法律责任由委托人承担,与保证人无任何关联;
2.8 The Client undertakes that the project under the letter of guarantee conforms to the provisions
of the laws and regulations of the state, and any economic and legal liability arisen from the project itself shall be only borne by the Client, but have no relationship with the Guarantor;
2.9委托人同意按本协议规定,按期足额支付上述保函项下的依照保证人要求应付的各项费用;
2.9 The Client agrees to duly pay in full any expenses payable under the above letter of guarantee upon request of the Guarantor according to the provisions of the Agreement;
2.10 委托人同意保证人仅有义务审核保函项下受益人提交的索赔文件、单据或证明(以下统称“索赔文件”)的表面真实性,而不对索赔文件所述事实的真实性负任何责任;
2.10 The Client agrees that the Guarantor only has duty to examine the apparent authenticity of the claim documents, vouchers or certificates (hereinafter uniformly referred to as the “claim documents”) submitted by the Beneficiary under the letter of guarantee, but assume no liability for the authenticity of the facts stated in the claim
documents;
2.11委托人同意当因汇率波动或可能发生波动或保函修改等原因导致保证金账户资金不足时,将按保证人的要求不时存入足额资金,该资金自存入保证金账户之日起视为特定化并移交保证人占有,作为委托人履行本协议项下各项义务的质押担保;
2.11 The Client agrees to deposit adequate fund from time to time upon request of the Guarantor where the guarantee fund account falls short due to any movement or would-be movement of exchange rates or any amendment to the letter of guarantee, and such fund shall be deemed as designated and handed over to the occupancy of the Guarantor as of the date when it is deposited into the guarantee fund account as the pledge guarantee for the Client to perform each obligation under the Agreement;
2.12 委托人同意在办理保函业务时,如邮电、电讯传递过程中发生的任何延误、遗失、残缺或其他差错,保证人无须承担责任;
2.12 The Client agrees that the Guarantor shall assume no liability for any delay, loss, defect or other error incurred in the process of posts and telecommunications transmission at the time of handling the guarantee business;
2.13 委托人保证按季向保证人报送贷后检查所需财务数据及与保函业务相关的资料。
2.13 The Client undertakes to submit the Guarantor with any financial data required for post-loan examination and any materials related to the guarantee business quarterly.
英文合同 篇4
Contract No.:________________________.
Date of Signature:____________________.
Place of Signature:____________________.
This Contract is made and entered into through friendly negotiation by and between China____________________ (hereinafter referred to as “Client”), as one party, and____________________ (hereinafter referred to as“Consultant”),as the other party, concerning the technical consultancy service of__________, under the following terms and conditions:
Article 1 Contents of Technical Consultancy Service
1.1 Whereas Client desires to obtain the technical consultancy service of from Consultant and Consultant has agreed to perform such services.
1.2 The Scope of Technical Services is defined in Appendix 1.
1.3 The Time Schedule for the Services is shown in Appendix 2.
1.4 The Manning Schedule is described in Appendix 3.
1.5 Consultant shall complete the Services within__________months from the Effective Date of this Contract and furnish the final technical service report, including drawings, designing documents, all kinds of standards and photos, within____months. Consultant shall keep aware, free of charge, Client of the latest development of similar projects and any progress made in order to improve the designing of the project.
Article 2 Both Parties' Responsibility and Liability
2.1 Client shall furnish to Consultant the pertinent data, technical service reports, maps and information available to him and shall give to Consultant the reasonable assistance necessary for carrying out of his duties. Particularly Client shall nominate a general representative who shall be available at reasonable time.
2.2 Client shall assist Consultant with the responsible authorities for obtaining visas, work permits and other documents required by Consultant to enter the country and to have access to the Site of the Project. The above expenses shall be borne by Consultant.
2.3 Consultant shall furnish a sufficient number of competent personnel to perform its obligation hereunder, in addition to those personnel specifically listed in Appendix 3. All personnel employed by Consultant in carrying out the work shall be exclusively Consultant's responsibility, and Consultant shall hold Client harmless from any claims of any kind by Consultant's personnel arising out of any acts by Consultant or its personnel in connection with the work performed hereunder.
2.4 Consultant shall provide Client all the technical technical service reports and relevant documentation within the Scope of Technical Services and within the Time Schedule of the Time Schedule for the Services.
2.5 Consultant shall assist Client'S personnel in his country in obtaining visas and in arranging lodgings. Hotel and boarding expenses shall be borne by Client. Consultant shall supply to Client'S personnel office space and necessary facilities as well as transportation.
2.6 Consultant shall be responsible for and shall indemnify Client and his employee in respect of injury to person or damage to property occurring in connection with the services, to the extent that such damage or injury directly results from negligence of Consultant's personnel while engaged in activities under this Contract.Consultant shall be liable only to the work under this Contract.
2.7 Any and all liability of Consultant with respect to this Contract shall be limited to the Total Contract Price received by Consultant for his profession services and shall terminate upon expiration of the warranty period set forth in Article 7.3.
Article 3 Price and Payment
3.1 The total contract price is__________(say __________________only) in________(currency). The breakdown prices of the above mentioned total contract price are as follows:
Contract Price for Item 1: ______(say ____________only) in________ (currency); Contract Price for Item 2: ______(say ____________only) in________ (currency); Contract Price for Item 3: ______(say ____________only) in________ (currency); Contract Price for Item 4: ______(say ____________only) in________ (currency).
3.2 The total contract price will include all the service and technology provided by Consultant. The total contract price shall be firm and fixed and shall not fluctuate with any inflation. The total contract price shall include all charges and expenses incurred by Consultant in performing his obligations both in his own country and in the People's Republic of China and includes the expenses incurred in sending the Technical Documentation to Client's office by all kinds of forms.
In the event of Force Majeure as defined in the Contract, the total contract price shall be readjusted through friendly negotiations between the parties. If Client requires services not contemplated in the Scope of Services the parties shall friendly discuss an amendment to the
total contract price. Any such amendment shall be in writing countersigned by both parties. This document shall then form integral part of the Contract.
3.3 All payments to be made by Client to Consultant under the present Contract shall be made by telegraphic transfer. In case of any payment by Client, the payment shall be effected through__________in China to _________ for the account of Consultant.
In consideration for the services provided by Consultant hereunder, Client shall effect the payment to Consultant in accordance with the following manner and percentage:
3.3.1 _______ percent (________ %) of the total contract price, i.e._____________ (Say: ________ only), shall be paid by Client to Consultant within ________ (____) days after the client has received the following documents provided by Consultant and found them in order.
A. One (1) original and two (2) duplicate copies of Consultant's government approval, or a written statement of the competent authorities or relevant agency of Consultant's country certifying that such document is not required;
B. One (1) original and one (1) duplicate copy of Irrevocable Letter of Guarantee for advance payment issued by Consultant's Bank in favor of Client covering_______(Say:________ only), specimen of which is as per Appendix 4;
C. Five (5) copies of profoma invoice covering the total contract price;
D. Five (5) copies of manually signed commercial invoice indicating the amount to be paid;
E. Two (2) copies of sight draft.
The said shall be delivered by Consultant not later than ____days after the effective date of the ________present Contract.
3.3.2 ________percent (____%) of the Contract price for Item 1, i.e._________ (Say: __________ only) shall be paid by Client to Consultant within _____ (__) days after Consultant has received the following documents provided by Consultant and found them in order.
A. Ten (10) copies of technical service report on Item 1;
B. Five (5) copies of manually signed commercial invoice indicating the amount to be paid;
C. Two (2) copies of sight draft.
3.3.3 ________ percent (____%) of the Contract price for Item 2, i.e. ___________ (Say: ____________ only) shall be paid by Client to Consultant within ________ (___) days after Licensee has received the following documents provided by Consultant and found themin order.
A. Ten (10) copies of technical service report on Item 1;
B. Five (5) copies of manually signed commercial invoice indicating the amount to be paid;
C. Two (2) copies of sight draft.
3.3.4 ________percent (____%) of the Contract price for Item 3, i.e._________ (Say: __________ only) shall be paid by Client to Consultant within _____ (__) days after Consultant has received the following documents provided by Consultant and found them in order.
A. Ten (10) copies of technical service report on Item 1;
B. Five (5) copies of manually signed commercial invoice indicating the amount to be paid;
C. Two (2) copies of sight draft.
3.3.5 ________percent (____%) of the Contract price for Item 4, i.e._________ (Say: __________ only) shall be paid by Client to Consultant within _____ (__) days after Consultant has received the following documents provided by Consultant and found them in order.
A. Ten (10) copies of technical service report on Item 1;
B. Five (5) copies of manually signed commercial invoice indicating the amount to be paid;
C. Two (2) copies of sight draft.
3.3.6 ________percent (____%) of the Total Contract price , i.e._________ (Say: __________ only) shall be paid by Client to Consultant within _____ (__) days after Consultant has received the following documents provided by Consultant and found them in order.
A. Five (5) copies of manually signed commercial invoice indicating the amount to be paid;
B. Two (2) copies of sight draft.
3.4 In case Consultant is liable for paying to Client the penalty under the Contract, Client shall have the right to deduct it from any said payment.
3.5 The banking charges of both parties incurred in China for the execution of the Contract shall be borne by Client and those incurred outside China shall be borne by Consultant.
Article 4 Delivery Schedule
4.1 The deadline for the arrival of the Technical service reports CIF _____ are:
A. Technical service report on Item 1 : _________months after effectiveness of the Contract;
B. Technical service report on Item 2 : _________months after effectiveness of the Contract;
C. Technical service report on Item 3 : _________months after effectiveness of the Contract;
D. Technical service report on Item 4 : ________months after effectiveness of the Contract.
4.2 Consultant will inform Client by Fax when the Technical service reports are airmailed to Client indicating the date and number of airway bill. Client will inform Consultant when the Technical service reports have been received.
4.3 Should any document be missing or damaged during the transport Consultant shall be notified accordingly and within two (2) weeks the missing or damaged document shall be replaced by Consultant free of charge.
Article 5 Confidentiality
5.1 All data assembled, developed, compiled, reproduced, studied, and prepared in connection with the work done hereunder and furnished to Consultant by Client shall be considered confidential and shall not be divulged to any person, firm or corporation other than Client or its designated representatives. This Clause shall remain binding on Consultant notwithstanding the termination of the Contract for any reason.
5.2 Within the validity period of Contract, Both parties shall take proper measures to keep the materials or information strictly confidential. The other party shall not disclose or divulge to any third party without prior written consent of one party.
5.3 Either party shall be obliged to keep confidential any secret information of the other party which either party and its personnel may obtain or be accessible to in the course of the performance of Contract. Either party shall not make use of or disclose such secret information obtained from the other party without prior written permission issued by the other party.
Article 6 Taxes and Duties
6.1 All taxes and duties in connection with and in the execution of Contract levied by the Chinese government on Client in accordance with the tax laws of PRC shall be borne by Client.
6.2 All taxes and duties levied by the Chinese government on Consultant, in connection with and in the execution of Contract, according to Chinese tax laws and the agreement between the government of PRC and the government of Consultant's country for the reciprocal avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income shall be borne by Consultant.
Client is legally obliged to withhold, as a withholding agent, the amount of taxes pro rata each taxable payment under Contract and pay them to the relevant Chinese tax authorities. After receiving the tax receipts issued by the relevant Chinese tax authorities for the aforesaid withholding taxes, Client shall forward them to Consultant without undue delay.
6.3 All taxes and duties arising outside PRC in connection with and in the execution of Contract shall be borne by Consultant.
Article 7 Warranty
7.1 Consultant warrants that he has the experience and capability to efficiently and expeditiously perform the services in a satisfactory manner and that the services performed by him under this Contract shall be performed by competent personnel in accordance with accepted standards.
7.2 In the event of a failure of Consultant to provide to Client satisfactory services within the scope of work described in Appendix at any time for any reason within the control of the Consultant, Client may notify Consultant of such dissatisfaction. Consultant shall be afforded a period of days to correct or remedy the matter. Should Consultant within the time afforded by Client fail to correct or remedy the matter to the satisfaction of Client, all charges shall cease forthwith until such time as Consultant is able to provide satisfactory services in accordance with the Scope of work described in Appendix.
7.3 Consultant guarantees to Client that he shall, after receipt of notice from Client, promptly correct at no cost any errors in the services arising out of the negligent performance thereof.
Article 8 Ownership of Technical Service Reports
8.1 Final version of the technical service report submitted to Client and all relevant data such as maps, plans and supporting material compiled in performing the Scope of Services, shall be the property of Client. Such materials shall be sorted and indexed by Consultant prior to transmission to Client.
8.2 Consultant shall be permitted to retain copies thereof, provided however that such materials, including the material furnished by Client as stated in Article 5 of this Contract, shall not be used by Consultant for purposes not related with this Project without the prior written approval of Client.
Article 9 Assignment
9.1 Neither Client nor Consultant shall assign or sublet their rights or obligations hereunder without the prior written consent of the other party.
Article 10 Termination
10.1 If, due to the responsibility of Consultant, the technical service reports have not been delivered at dates according to the delivery schedules as stipulated in Article 4 of the Contract, Consultant shall be obliged to pay to Client penalty for such delay in delivery at the following rates:
A. ______ percent (____%) of the total contract price per week for the first four weeks;
B. _____ percent (____%) of the total contract price per week from the fifth week to the eighth week;
C. ______ percent (____%) of the total contract price per week from the ninth week of delay.
Odd days less than one (1) week shall be counted as one (1) week for calculating the liquidated damage.
10.2 The total liquidated damage for late delivery shall not exceed ______ percent (____%) of the total contract price. Payment of the liquidated damage for late delivery shall not release
Consultant from its obligation to deliver technical service reports.
10.3 Client may, without prejudice to any other remedy for Consultant's following breach of Contract, terminate Contract in whole or in part by a written notice of default send to Consultant, if Consultant
A. Fails to deliver any or all of technical service reports within______(____) days after the scheduled delivery date as specified in Article 1; or
B. Fails to make the technical service reports meet the minimum level of Acceptance Standards as specified in Appendix 1.
Consultant shall refund to Client all the payments effected by Client to Consultant plus an interest at the rate of______ percent (____%) per annum in case of such a termination.
10.4 Either party may, without prejudice to any other remedy, terminate Contract in whole or in part by a written notice send to the other party, if the other party.
A. fails to perform its confidentiality obligation under Contract; or
B. fails to perform any other obligations under Contract except minor parts thereof, and does not remedy for its failure within a period of______ (____) days upon receipt of the written notice or a period agreed upon between the parties; or
C. becomes bankrupt or insolvent; or
D.Affected by any event of Force Majeure for more than ______ days.
Article 11 Force Majeure
11.1 Should either party be prevented from performing any of its obligations under Contract due to event of Force Majeure, such as war, serious fire, typhoon, earthquake, flood and any other events which could not be expected, avoided and overcome, the affected party shall notify the other party of its occurrence by fax and send by registered airmail a certificate issued by the competent authorities or agency within fourteen (14) days following its occurrence.
11.2 The affected party shall not be liable for any delay or failure in performing any or all of its obligations due to the event of Force Majeure. However, the affected party shall inform the other party by fax the termination or elimination of the event of Force Majeure without delay.
11.3 Both parties shall proceed with their obligations immediately after the cease of the event of Force Majeure or removal of the effects. The validity period of Contract and/or the scheduled period for relative execution of Contract shall be extended correspondingly.
Article 12 Arbitration
12.1 Any dispute arising from or in connection with this Contract shall be submitted to China International Economic and Trade Arbitration Commission,Shenzhen Commission for arbitration in accordance with the Commission's arbitration rules in effect at the time of applying for arbitration. The arbitral award is final and binding upon both parties and the applicable law is the material law of P.R.C.
12.2 Notwithstanding any reference to arbitration, both Parties shall continue to perform their respective obligations under the Contract unless otherwise agreed.
Article 13 Language and Standards
13.1 Correspondance except this Contract between Client and Consultant, data and documents made available by Client to Consultant and the technical service reports and drawings prepared by Consultant shall be in the English language.
13.2 Measures shall be written in the metric system.
Article 14 Governing Law
14.1 The construction, validity and performance of this Contract shall be governed by the laws of the People's Republic of China.
Chapter 15 Effectiveness of the Contract and Miscellaneous
15.1 Both parties shall make effort to obtain the approval from the respective authorities, if necessary, within thirty (30) days after Contract is signed by the authorized representatives of the two parties. Either Party shall notify in writing the other party of the approval date. The later date of approval shall be taken as the Date of Effectiveness of Contract.
15.2 Contract shall be valid and remain in force for_______(____) years from the Date of Effectiveness.
15.3 The outstanding credit and debt between the parties under Contract shall not be affected upon the termination or expiration of Contract.
15.4 Appendices hereof shall be integral parts of Contract and have the same legal force as the text of Contract itself. The text of Contract shall prevail in case of any discrepancies between the text of Contract and Appendices.
15.5 All amendments, supplements, subtractions, or alterations to Contract shall be made in writ
英文合同 篇5
担保合同中英文对照 供参考
担保协议Guarantee Agreement 担保合同,(适用于银行担保项下)(Applicable to Bank
Guarantee)
1.作为委托人的(以下称“委托人”)和
2.作为保证人的XX银行股份有限公司 ( 以下称“保证人” )签署。
This Guarantee Agreement (hereinafter referred to as the “Agreement”) is made and entered into
as of (M/D/Y) between as the Client (hereinafter referred to as the
"Client") and Branch, China XXXX Bank as the Guarantor (hereinafter referred to as the
“Guarantor”).
□本协议构成委托人与保证人签订的编号为 年 字第号的《授信协议》
(下称《授信协议》)的组成部分(本条适用的,在□中打“√”)。
The Agreement constitutes an integral part of the Credit Extension Agreement [20 ] No.
(hereinafter referred to as the “Credit Extension Agreement”) between the Client and the
Guarantor (if this paragraph applies, please click “√” in □).
鉴于:
Whereas
1.委托人或被担保人 (以下简称被担保人)与 于 年月日签署了总金额为 币 的编号为 的关
于 的合同/ 标书(以下简称“合同”),或委托人
或被担保人参加了招标书编号为 关于 项目的投标
(以下简称“投标”);
1. The Client or the Guaranteed (hereinafter referred to as the “Guaranteed”)
signed No.Contract on/ Bid Document totaling (Currency) (hereinafter referred to as the “Contract”) withon (M/D/Y), or the
Client or the Guaranteed participated in the tender forProject with Bid
Document No. (hereinafter referred to as the “Bid”);
2.委托人申请保证人为委托人或被担保人开立上述合同或投标项下以
为受益人(以下称“受益人”),金额 币 ,编号为 的保函/备用信用证(下称“保函”)。
2. The Client applies to the Guarantor to open No. Letter of Guarantee/Stand-by LC
(hereinafter referred to as the “Letter of Guarantee”) with an amount of(Currency)
under the above Contract or Bid for the Client or the Guaranteed with as
the Beneficiary (hereinafter referred to as the “Beneficiary”).
保证人同意应委托人申请按如下条件为委托人或被担保人向受益人开具上述保函:
The Guarantor agrees to issue the above letter of guarantee in favor of the beneficiary for the
Client or the Guaranteed upon request of the Client on the following terms and conditions:
第1条 在保证人开立保函之前,委托人应根据保证人的要求:
Article 1 Before the Guarantor issues the letter of guarantee, the Client shall upon request of the
Guarantor:
1.1 向保证人提供下列保障(以下项目根据实际情况打“√”选择):
1.1 Provide the Guarantor with the following security (please click “√” according to facts):
□1.1.1 在保证人处开立保证金账户(保证金账号为以保证金存入时甲方系统自动生成的帐
号为准),存入金额为 币 的保证金,作为委托人履行本协议项下各项义
务的质押担保,以备受益人索赔时偿付;和/或
□1.1.1 Open a guarantee fund account (A/C is generated automatically by Party A’s system when
the guarantee fund is deposited) with the Guarantor, and deposit a guarantee fund of
(Currency)as a pledge guarantee for the Client to perform each obligation under the
Agreement, and indemnify the Beneficiary at the time of claim; and/or
□1.1.2经保证人认可的企业法人、其他组织或自然人向保证人签发以保证人为受益人的不
可撤销反担保书;和/或
□1.1.2 Have any corporation, or other organization or natural person recognized by the Guarantor
issue the Guarantor with an irrevocable letter of counter guarantee in favor of the Guarantor;
and/or
□1.1.3以保证人接受的抵押物或质物抵(质)押给保证人,以作为偿付担保。双方另订抵(质)
押合同。(做删除标记)
本合同为《授信协议》项下具体合同的,本条款不适用,本合同项下债务自动纳入与保证人
签署了最高额抵/质押合同或向保证人出具了最高额不可撤销担保书的担保人的担保范围。If the Contract is a particular contract under the Credit Extension Agreement, this Article will be
inapplicable, and the obligations under the Contract will be automatically included into the scope
of undertaking by the undertaker signing a maximum mortgage/pledge contract with the guarantor
or issuing the guarantor with a maximum irrevocable letter of undertaking.
1.2应保证人要求向保证人提供下列文件的正本或经委托人法定代表人签字并加盖公章证
实为真实和完整的副本;
1.2 Upon request of the guarantor, provide the Guarantor with the original copies of the
following documents or the duplicate copies signed by the legal representative of the Client and
stamped with the official seal for proof of authenticity and integrity;
1.2.1委托人及/或被担保人的营业执照;
1.2.1 The business license of the Client and/or the Guaranteed;
1.2.2委托及/或被担保人的'公司章程;
1.2.2 The articles of association of the Client and/or the Guaranteed;
1.2.3委托人全体现任董事名单及签字样本;
1.2.3 The name list and the specimen signature of all the current directors of the Client;
1.2.4同意委托人签署并执行本协议的委托人的董事会决议;
1.2.4 The resolution of the board of directors of the Client approving the Client to sign and
execute the Agreement;
1.2.5委托人或被担保人与受益人签署的合同;或受益人的招标文件,投标人的投标文件;(做
删除标记)
1.2.6委托人的上年度财务报表及审计报告书,以及申请前一个月的财务数据;
1.2.6 The Client’s financial statements and auditor’s report for the last year, and financial data for
the month before the application;
1.2.7抵押物或质物的权属证件(若有抵押物或质物时);(做删除标记)
1.2.8保证人要求的其他资料。
1.2.8 Other materials as requested by the Guarantor.
上述手续或材料以保证人实际要求的为准,并且为保证人应享有的权利而非义务,有关手续
或材料是否完全齐备对本协议效力不构成影响。
The provision of the above formalities or materials shall be based upon the actual request of the Guarantor, which is a right entitled to but not a duty assumed by the Guarantor, and their completeness and fullness will not affect the legal force of the Agreement.
华译网翻译公司提供专业担保合同翻译服务。Shanghai Chinese consecutive interpretation service
华译网翻译公司提供专业同声传译服务。
第2条 委托人在此向保证人声明、承诺和保证如下:
Article 2 The Client hereby makes a declaration, commitment and warrant to the Guarantor as follows:
2.1委托人为依照中华人民共和国法律正式成立及有效存在的商事主体,有充分的民事行为能力签订和履行本协议;
2.1 The Client is a commercial subject legally incorporated and validly in existence under the laws of the P. R. of China, and has full civil capacity to sign and perform the Agreement;
2.2委托人有合法的资格签署及履行本协议,签订和履行本合同已获得董事会或任何其他有权机构的充分授权;
2.2 The Client is eligible to sign and perform the Agreement, and has obtained the full authorization of the Board of Directors or any other competent authorities to sign and perform the Contract;
2.3 委托人或被担保人有合法资格与受益人签署合同,有足够的能力履行与受益人签署的合同;委托人保证委托人或被担保人履行与受益人签署的合同,并有义务及时向保证人通报履约情况及出现的问题;
2.3 The Client or the Guaranteed is eligible to sign the Contract with the Beneficiary, and has full capacity to perform the Contract signed with the Beneficiary; and the Client undertakes that the Client or the Guaranteed shall perform the Contract signed with the Beneficiary, and has duty to inform the Guarantor about the performance of contract and any issue arisen in due course;
2.4 委托人接受和认可保证人向受益人开立的保函的内容;
2.4 The Client accepts and acknowledges the contents of the letter of guarantee issued by the Guarantor to the Beneficiary;
2.5 委托人保证不使保证人因为开具保函而蒙受任何损害和损失;
2.5 The Client undertakes to protect the Guarantor from any damage or loss as a result of issuing the letter of guarantee;
2.6 委托人无条件地同意保证人按有关法律规定及/或在无其他约定的情况下按办理保函项下的一切事宜,并承担由此产生的责任;
2.6 The Client unconditionally agrees the Guarantor shall handle any matters under the letter of guarantee according to the relevant provisions of the laws except otherwise stipulated, and assume any liability arisen therefrom;
2.7委托人保证当受益人向保证人索赔时,委托人无条件承担第一位付款责任;
2.7 The Client undertakes that where the Beneficiary claims against the Guarantor, the Client shall unconditionally assume the primary liability for payment;
2.8委托人保证保函项下的项目符合国家有关法律法规的规定,由于项目本身而产生的一切经济和法律责任由委托人承担,与保证人无任何关联;
2.8 The Client undertakes that the project under the letter of guarantee conforms to the provisions
of the laws and regulations of the state, and any economic and legal liability arisen from the project itself shall be only borne by the Client, but have no relationship with the Guarantor;
2.9委托人同意按本协议规定,按期足额支付上述保函项下的依照保证人要求应付的各项费用;
2.9 The Client agrees to duly pay in full any expenses payable under the above letter of guarantee upon request of the Guarantor according to the provisions of the Agreement;
2.10 委托人同意保证人仅有义务审核保函项下受益人提交的索赔文件、单据或证明(以下统称“索赔文件”)的表面真实性,而不对索赔文件所述事实的真实性负任何责任;
2.10 The Client agrees that the Guarantor only has duty to examine the apparent authenticity of the claim documents, vouchers or certificates (hereinafter uniformly referred to as the “claim documents”) submitted by the Beneficiary under the letter of guarantee, but assume no liability for the authenticity of the facts stated in the claim documents;
2.11委托人同意当因汇率波动或可能发生波动或保函修改等原因导致保证金账户资金不足时,将按保证人的要求不时存入足额资金,该资金自存入保证金账户之日起视为特定化并移交保证人占有,作为委托人履行本协议项下各项义务的质押担保;
2.11 The Client agrees to deposit adequate fund from time to time upon request of the Guarantor where the guarantee fund account falls short due to any movement or would-be movement of exchange rates or any amendment to the letter of guarantee, and such fund shall be deemed as designated and handed over to the occupancy of the Guarantor as of the date when it is deposited into the guarantee fund account as the pledge guarantee for the Client to perform each obligation under the Agreement;
2.12 委托人同意在办理保函业务时,如邮电、电讯传递过程中发生的任何延误、遗失、残缺或其他差错,保证人无须承担责任;
2.12 The Client agrees that the Guarantor shall assume no liability for any delay, loss, defect or other error incurred in the process of posts and telecommunications transmission at the time of handling the guarantee business;
2.13 委托人保证按季向保证人报送贷后检查所需财务数据及与保函业务相关的资料。
2.13 The Client undertakes to submit the Guarantor with any financial data required for post-loan examination and any materials related to the guarantee business quarterly.
英文合同 篇6
出口合同
Sales Contract
编 号:
No. :
签约地点:
Signed at:
日 期:
Date:
卖方:
Seller:
地址:
Address :
电话:
Tel:
传真:
Fax:
电子邮箱:
E-mail:
买方:
Buyer:
地址:
Address:
电话:
Tel:
传真:
Fax:
电子邮箱:
E-mail:
买卖双方经协商同意按下列条款成交:
The undersigned Seller and Buyer have agreed to close the following transactions according to the terms and conditions set forth as below:
1. 货物名称、规格和质量
1. Name, Specifications and Quality of Commodity:
2. 数量
2. Quantity:
3. 单价及价格条款
3. Unit Price and Terms of Delivery:
(除非另有规定,“FOB”、“CFR”和“CIF”均应依照国际商会制定的《20xx年国际贸易术语解释通则》(INCOTERMS 20xx)办理。)
The terms FOB,CFR,or CIF shall be subject to the International Rules for the Interpretation of Trade Terms (INCOTERMS 20xx) provided by International Chamber of Commerce (ICC) unless otherwise stipulated herein.)
4. 总价
4. Total Amount:
5. 允许溢短装
5. More or Less:___%。
6. 装运期限
6. Time of Shipment:
收到可以转船及分批装运之信用证___天内装运。
Within _____ days after receipt of L/C allowing transhipment and partial shipment.
7. 付款条件
7. Terms of Payment:
买方须于____ 前将保兑的、不可撤销的、可转让的、可分割的即期付款信用证开到卖方,该信用证的有效期延至装运期后_____天在中国到期,并必须注明允许分批装运和转船。
By Confirmed, Irrevocable, Transferable and Divisible L/C to be available by sight draft to reach the Seller before ______ and to remain valid for negotiation in China until ______after the Time of Shipment. The L/C must specify that transshipment and partial shipments are allowed.
买方未在规定的时间内开出信用证,卖方有权发出通知取消本合同,或接受买方对本合同未执行的全部或部份,或对因此遭受的损失提出索赔。
The Buyer shall establish a Letter of Credit before the above-stipulated time, failing which, the Seller shall have the right to rescind this Contract upon the arrival of the notice at Buyer or to accept whole or part of this Contract non fulfilled by the Buyer, or to lodge a claim for the direct losses sustained, if any.
8. 包装
8. Packing:
9. 保险
9. Insurance:
按发票金额的.___%投保_____险,由____负责投保。
Covering _____ Risks for______110% of Invoice Value to be effected by the ____________.
10. 品质/数量异议
10. Quality/Quantity discrepancy:
如买方提出索赔,凡属品质异议须于货到目的口岸之日起30天内提出,凡属数量异议须于货到目的口岸之日起15天内提出,对所装货物所提任何异议于保险公司、轮船公司、其他有关运输机构或邮递机构所负责者,卖方不负任何责任。
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.
11. 由于发生人力不可抗拒的原因,致使本合约不能履行,部分或全部商品延误交货,卖方概不负责。本合同所指的不可抗力系指不可干预、不能避免且不能克服的客观情况。
11. 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.
12. 争议的解决
12. Dispute Resolution:
凡因本合同引起的或与本合同有关的任何争议,均应提交中国国际经济贸易仲裁委员会,按照申请仲裁时该会现行有效的仲裁规则在南京进行仲裁。仲裁裁决是终局的,对双方均有约束力。
Any dispute arising from or in connection with this Contract shall be submitted to China International Economic and Trade Arbitration Commission for arbitration which shall be trialed in Nanjing and conducted in accordance with the Commission’s arbitration rules in effect at the time of applying for arbitration. The arbitral award is final and binding upon both parties.
13. 通知:
13. Notices:
所有通知用___文写成,并按照如下地址用传真/电子邮件/快件送达给各方。如果地址有变更,一方应在变更后___日内书面通知另一方。
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.
14. 本合同为中英文两种文本,两种文本具有同等效力。本合同一式 _____ 份。自双方签字(盖章)之日起生效。
14. 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.
卖方签字:买方签字:
The Seller: The Buyer:
英文合同 篇7
CONTRACT ON TRADE OF RUSSIA COAL
卖方:俄罗斯国海参崴矿业进出口有限公司
The Seller:Vladivostok Mining Import / Export Company Ltd. , Russia
地址 (Address):
买方The Buyer:
地址Address:
依下列条款卖方同意卖出、买方同意买进俄罗斯产煤炭。
The Buyer agree to buy and The Seller agree to sell coal produced in Russia on terms and conditions as set forth below:
一、品名和规格 Goods Name and Specification
品名:燃煤 Goods Name: Coal
规格:Specification
二、装运/卸货港与保险 Shipping/ Destination and Insurance
(1) 装运港:俄罗斯海参崴
Port of Loading : Vladivostok Port, Russia
(2) 卸货港:中国 上海 黄浦港
Port of Destination: Huangpu Port, Shanghai, China
(3) 保险:按110%发票金额由卖方负责担保
Insurance : To be covered by The Seller for 110% of the Invoice Value.
(4) 履约保证金:Performance Bond
(A) 在合同签定后5个工作日内,卖方将30,000美元的履约保证金交予买方。
The Seller should submit USD30,000 of the Performance Bond within 5 working days after signing the contract.
(B) 当卖方履行完合同中之装运及交货后,买方应一次性将卖方交纳的履约保证金30,000美元无息退还给卖方。
Once The Seller has effected the shipment / delivery of the contract, The Buyer should return the total amount of USD 30,000 to The Seller without any interest charges.
三、付款与单据 Payment and Bill of Document
付款方式: Terms of Payment :
由有资质银行开列的不可撤销,100%付款跟单即期信用证。付款分以下部份:
By document, Transferable, Irrevocable 100% payable, at sight L/C opened by Buyer’s agent from Prime Bank. Settlement shall be divided as per follow:
提交议付行90%首付金额单据如下:
The document should be presented to negotiate on Bank for 90% Provisional Payment as follow :
(1) 卖方签署的商业发票一正三副。
Signed commercial invoice in 1 origin and 3 copies.
(2) 3/3全套全本清洁的已装船的提单空白处标明”运费已付”,并于卸货港通知开证申请人。
3/3 full set origin Clean on Board Bill of Loading made out to order, blank endorsed marked “ Freight Prepaid “, and notifying the Applicant at the destination port.
(3) 由俄罗斯海关商检出具的装船取样分析证书,正本一份及副本二份。
Original Certificate of Sampling and Analysis is issued by PT. Superindending Company of Russia the commodity inspection authorities in 1 origin and 2 copies.
(4) 由俄罗斯商检出具的装港重量证书,正本一份及副本二份。
Origin Certification of Weight issued by PT. Superindending Company of Russia (SUCOFINDO) in 1 origin and 2 copies.
(5) 由俄罗斯贸易和工业有关部门或相关的商业或任何相关的协会出具的原产地证书。
Certificate of Origin issued by relevant Department of Trade & Industry Republic of Russia or relevant (Provincial) Chamber of Commerce or any authorized institute in Russia.
(6) 俄罗斯主要保险公司出具的保险单,正本一份及副本二份。
Insurance Policy issued by the major insurance company of Russia in 1 origin or 2 copies.
(7) 10%尾款于船到港后15天支付。所需文件如下:
The balance of 10% payment subject to 15 days after vessel arrival at the destination part. The required documents as follow:
(8) 卖方签署的商业发票,正本一份及副本三份。
Signed commercial Invoice in 1 origin and 3 copies.
(9) 船到港的文件。Vessel arrival document at destination port.
(10) 如果发生需要修改或扩充信用证的情况,提出的一方必须承担有关银行的费用。
The requesting party shall bear the bank charges for the amendment or extension of Letters of Credit as and when such situations arise.
四、检验 Inspection
(6) 检验:重量由水尺检验方法测定,而重量及质量检验标准由俄罗斯的商检机构抽取样本进行检验,并出具检验报告为首要标准。相关的证书将作为最终结算依据之文件。
Inspection: Inspection weight to be determined by DRAFT SURVEY INSPECTED also with quality analysis based on certificate issue by The commodity inspection authorities . The relevant certificates shall be final document for any payment.
五、装卸Shipping and Discharging
(1) 装运时间:卖方将于收到买方所开列信用证的30天以内完成装运。
The Seller will effect the shipment within 30 days after receipt of Buyer’s Letter of Credit.
(2) 装货装率以8,000吨/天为准。装货时间从船舶靠港后起算。
The Loading shall be on basis of 8,000 MT/day from the time the ship park the loading port.
(3) 货物完成装船后的2天内,卖方应告知买方合同号码,货物名称,发票金额,船名及装船时间。
Within two working days after completion of loading of the goods on board the vessel. The Seller shall advise the Buyer of the contract no, the name of goods, the invoice amount, the vessel’s name and the date of shipment.
六、验收标准:The Standard for checking and acceptance:
6.1 全水分(Total Moisture)
若俄罗斯SUCOFINDO(SGS)所出具的商检报告中全水分超过合约值,买方有权从已交付的煤炭中按超出水分百分比扣除煤量,若全水分超过22%,买方有权拒收,扣煤量计算如下(每吨单位以FOB价计算):
If the actual Total Moisture percentage of the shipment of the Coal as the Certificate of Analysis issued by Sucofindo (Russia) is higher than standard specification, if the actual Total Moisture is higher than 22.0%, then the Buyer can refuse to accept the steam coal; then the actual weight of the Coal shall be adjusted by the following formula (the tonnage price base on FOB price):
6.2 灰分 (ASH Content)
若实际灰分超过合同标准值时,每超过1%,则按比例每吨扣除USD$0.30 (计算公式如下):
If the actual ASH Content is higher than standard specification, then a penalty of each 1% faction pro rata will be USD$0.30 per metric ton.
6.3 全硫 (Total Sulfur)
若实际全硫超过合同标准值时,每超过0.1%,则按比例每吨扣除USD$0.30;若实际全硫超过1.1%,买方有权拒收,计算公式如下:
If the actual Total Sulfur is higher than standard specification, then a penalty of each 0.1% fraction pro rata will be USD$0.30 per metric ton, if the actual total sulfur is higher than 1.1% , then the Buyer can refuse to accept the steam coal.
6.4 挥发分 (Volatile Matter)
若实际挥发分低于合约标准值,每低于1%,则按比例每吨扣除USD$0.20 (计算公式如下):
If the actual Volatile Matter is lower than standard specification, then a penalty of each 1% fraction pro rata will be USD$0.20 per metric ton.
6.5 灰熔点温度ASH Fusion temperature T1
若灰熔点之变形温勿低于合约值,则每低100℃,买分有权从应付的.货款中每吨扣除USD$0.20,计算公式如下:
If the actual ASH Fusion temperature TI is lower than standard specification, then a penalty of each low 100℃ will be USD$0.20 per metric ton.
6.6 热值 Gross Calorific Value
(1) 若高位发热量(收到基,ADB)低于5450卡,每低于100大卡单价扣减0.6每元;若高位发热量(收到基,ADB)超过5450大卡,每增加100大卡,单价增加0.50美元,6000大卡/kg封顶。
In case of Gross Calorific Value (ADB) less than 5450 kcal, the unit price should be deducted USD$0.60 for every 100 kcal reduction. In case of Gross Calorific Value (ADB) more than 5450 kcal, the unit price should be increased USD$0.50 for every 100 kcal up to 6000 kcal.
(2) 当高位发热量(收到基,ADB)低于5400大卡,每低于100大卡单价扣减1.20美元/吨。
Shall and when to Gross Calorific Value (ADB) below 5400 kcal/kg, unit price shall be reduced by USD$1.20 per metric ton for every decrease of 100 kcal/kg.
7. 有下列任一情况,买方有权拒收货物
In case of any of the follow condition, the Buyer has right to refuse the goods:
(7.1) 灰分大于15% Ash content > 15%
(7.2) 含硫量大于等于1.1% Total Sulphur ≧ 1.1%
(7.3) 挥发分:低于38%或高于47% Volatile Matter < 38% OR > 47%
(7.4) 收到基高位发热量(空干基):小于5300大卡/公斤
Gross Calorie Value (ADB) < 5300 kcal/kg
(7.5) 全水大于或等于22% Total Moisture ≧22%
八、 价格调整 Price adjustment
(8.1) 双方同意如果实际装运的货物与合同的第一条规定的质量有差别,则价格将有所调整。
Both parties agree, shall the quality of the loaded cargo difference from of the quality as stipulated in article 1 aforementioned, the following price adjustment shall be effect.
(8.2) 如遇买卖双方不可控制和不预见的因素作调整。这些调整因素包括全世界的燃料上涨,俄罗斯政府增加的税收等,所有调整的价格皆需买卖双方同意。
The price stated is subject to unforeseen price raise that are beyond the control of the supplier. This may include fuel increases worldwide, by Russia government, additional fees such as increases in taxes and duties. All adjusted are to be mutually agreed by both parties.
九、 人力不可抗拒因素 Force Majeure
由于一般公认的人力不可抗拒原因而不能交货或推迟装运,卖方不负责任。卖方必须在事故发生时立即电告买方并在事故发生后20天内航空邮寄给买方灾害发生地点之有关政府或商会所发给的证件证实灾害的存在。除因不可抗拒推迟交货或不能交货,如卖方不能按合同规定期限交货,则应赔偿买方直接由于迟期交货或不能按合同交货所遭受的一切合理损失及费用。人力不可抗拒事故继续存在60天以上时,买方有权撤销合同或合同中未交付部分。
The Seller shall not be help responsible if they fail, owing to Force Majeure cause of causes, to make delivery within the time stipulated in this Sales Contract or cannot delivery the goods. However, the Seller shall inform immediately the Buyer by fax or other writer form of the accident and airmail to Buyer within 20 days after the accident, a certificate of accident issued by the competent government authorities or the chamber of commerce which is located at the place where the accident occurs as evident thereof. With the exception of delayed delivery or non-delivery due to “Force majeure” causes, in case the Seller mail to make delivery within time as stipulated in the contract, the Seller should indemnify the Buyer for all justifiable and normal losses incurred to latter directly attributable to delayed delivery or failed to make delivery of the goods in accordance with the terms of this contract, if the “Force Majeure” cause lasts over 60 days, the Buyer have the right to cancel the contract or the un-delivery part of the contract. 十、仲裁:Arbitration :
一起因执行合同所发生与本合同有关之争执,双方应友好协商解决。如双方协商不能解决时,应提交新加坡国际贸易仲裁中心对外经济仲裁委员会,根据其仲裁规则进行仲裁。仲裁的裁决为终局裁决,对双方均有约束力。仲裁费育重非有关仲裁机构另有决定外均由败诉方负担。
All disputes arising in connection with this Sales Contract or the execution thereof shall be settled by way of amicable negotiation. In case no settlement can be reached between the two parties, the case at issue shall then be submitted for arbitration to Singapore International Trading Arbitration Council. The aard by such arbitration shall be deemed as final and binding upon both parties. The fees for Arbitration shall borne by the losing party unless otherwise awarded.
Buyers (Signature): 卖方 Sellers (signature):
Director Director
Date Date
Witnesses:
英文合同 篇8
Compensation Trade Contract
This contract is hereby made and entered into between Guangdong Jiaxing Industrial Co.,Ltd.(hereinafter referred to as Party A) and Tailong Electronics(Singapore) Co., Ltd.(hereinafter referred to as Party B) on October 12,1995 in Guangzhou, China on the basis of equality and mutual benefit and through amicable consultation.
Party A: Guangdong Jiaxing Industrial Co., Ltd.
Add:317 Huanshi East Road,Guangzhou,China
Tel: (020) 87786162
Fax: (020) 87619503
Party B: Tailong Electronics (Singapore) Co., Ltd.
Add:111North Bridge Road,Singapore
Tel: (65) 3324951
Fax: (65) 3324928
1. Contents of Transactions
1.1 Party A agrees to buy from Party B and Party B agrees to sell to Party A Assembly Lines for Color TV Sets, whose specifications, technical requirements, price and delivery schedule shall be specified in an additional contract to be made between both parties, which shall serve as an integral part of this contract.
1.2 Party B shall buy from Party A Color TV Sets turned out on the Assembly Lines supplied by Party B in an amount approximately equal to that of the Assembly Lines. The quality, quantity, unit price, packing and delivery schedule shall also be specified in an additional contract, which shall constitute an integral part of this contract.
2. Terms of Payment
Payment of the transactions stipulated in Article 1 shall be effected by reciprocal Ls/C. Party A shall open a usance L/C in favor of Party B to pay by installments the entire cost of the Assembly Lines to be supplied by Party B; whereas Party B shall open a sight L/C in favor of Party A to pay each shipment of Color TV Sets to be delivered by Party A. The tenor of the usance L/C shall be in consistence with the term of compensation stipulated in Article 3. The total proceeds received by Party A from selling Color TV Sets to Party B within the duration of this contract shall be equal to, and used to cover, the total value of the Assembly Lines. In case the total proceeds received by Party A from selling Color TV Sets to Party B is not enough to cover the total value of the Assembly Lines, the balance shall be made up by Party B with down payment before the usance L/C opened by Party A expires, thus enabling Party A to effect payment due under the usance L/C.
3. Term of Compensation
Party A shall pay the total cost of the Assembly Lines by exporting Color TV Sets to Party B within 10 months from the 4th month after all parts of the Assembly Lines are delivered. In principle, the amount to be paid by Party B for its imports from Party A per month shall be 10 percent of the total amount due to be paid for the Assembly Lines. Party A can make payment ahead of schedule with a notice to Party B 1 months in advance.
4. Currency for Pricing
Both the Assembly Lines and the Color TV Sets shall be priced in terms of US Dollars. If the Color TV Sets are also to be sold on the home market within the term of compensation and thus have a price in RMB, their export price shall be its equivalent in US Dollars according to the exchange rate then prevailing.
5. Interest Rate
Party A shall bear the interest on the usance L/C and the down payment of Party B. The annual interest rate is agreed up on at 7.5%.
6. Technical Service
After arrival at the destination, the Assembly Lines shall be installed by Party A. When Party A believes it is necessary, Party B shall send its technicians to provide on-the-spot instructions and other technical assistance in the course of installation. Party B shall be liable for expenses of the technicians and losses incurred in the course of installation as a result of technical default on its part.
7. Insurance
7.1 The buying and selling of the Assembly Lines and the Color TV Sets shall be on FOB basis, thus the ocean marine cargo insurance on them shall be effected by Party A and Party B respectively.
7.2 In the duration of this contract, the Assembly Lines shall be insured by Party A. Should any loss or damage occur, Party A shall lodge claims against the insurer and pay a part of the indemnification received from the insurer to Party B, which shall be in proportion to the payment Party A has not made for the part of machinery involved in the loss or damage.
8. Liability for Breach
Either party shall be liable for its breach of contract and indemnify for all losses thus incurred to the other party. In addition, the breaching party shall pay to the other party a fine, which shall account for 15% of the total amount involved.
9. Performance Guarantee
To guarantee the implementation of the contract, each party shall submit to the other a performance guarantee issued by a bank agreed by both parties. The guarantee bank of Party A is The Bank of China, Guangzhou Branch, while that of Party B is Sanwa Bank.
10. Force Majeure
10.1 Either party shall not be held responsible for failure or delay to perform all or any part of the contract due to flood, fire, earthquake, draught, war or any other events which could not be predicted at the time of conclusion of this contract, and could not be controlled, avoided or overcome by the relative party. However, the party affected by the event of Force Majeure shall inform the other party of its occurrence in writing as soon as possible and thereafter send a certificate of the event issued by the relevant authorities to the other party within 15 days of its occurrence.
10.2 If the event of Force Majeure lasts over 120 days, both parties shall have the right to terminate the contract.
11. Arbitration
11.1All disputes arising from the performance of this contract shall be settled through friendly negotiations. Should no settlement be reached through negotiation, the case shall then be submitted for arbitration to the China International Economic and Trade Arbitration Commission (Beijing) and the rules of this Commission shall be applied. The award of the arbitration shall be final and binding upon both parties. The arbitration fee shall be borne by the losing party unless otherwise awarded by the commission.
11.2 During the course of the arbitration, the contract shall be performed except for the part under arbitration.
12. Amendment to the Contract
The contract can be amended only after the amendment is agreed upon by both parties.
13. Language and Validity
13.1 The contract shall be written in Chinese and English. Both versions are equally authentic. In the event of any discrepancy between the two versions, the Chinese version shall prevail.
13.2 The contract shall come into effect as soon as it is duly signed by both parties and shall remain effective for two years.
Party A: Guangdong Jiaxing Industrial Co., Ltd
(Signature)
Party B: Tailong Electronics (Singapore) Co., Ltd
(Signature)
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