标题 | 英文合同模板集锦 |
范文 | 英文合同模板集锦(通用35篇) 英文合同模板集锦 篇1Contract No. 合同号: ___ THIS SERVICE CONTRACT (“Contract”) is made on the __th day of ____. 本服务合同(以下简称“合同”)由下述双方____年___月___日签署: BETWEEN Party A (Client) 甲方 (客户) And Party B ( Supplier of Service) 乙方 (服务方) WHEREAS, Party A may from time to time demand business service from Party B in Hong Kong and Mainland China; and Party B has the resources and capability to provide such services; 鉴于甲方根据自己的需要,委托乙方在中国香港和中国大陆区域提供商务服务且乙方具备提供相关服务的能力与资源; NOW THEREFORE, in consideration of the foregoing of mutual covenants and conditions herein contained, the parties hereto agree as follows. 因此,双方兹以上述契约与条件为约因,约定如下: Article 1: Services第一条:服务内容 1. Administration Support - hotel reservation, transportation arrangement, air ticket booking, schedule arrangement, counsel etc. 行政支持:酒店预订、车辆安排、机票预订、行程安排、咨询服务等 2. Verbal translation service during business trip in Hong Kong or Mainland China (Chinese - English, Chinese – Hungarian). 口译:根据需要在商务考察(中国香港或大陆地区)行程中提供中英、中匈翻译。 3. Written translation service, incl. commercial documents and related product information (Chinese – English, English - Chinese) 笔译:商务信函、文件及产品相关信息的中英、英中翻译 4. Local market research and report市场调查与报告 5. Sourcing support, incl. sample collection and delivery 寻找供货商/货源并按照甲方要求收集、交付样品 6. Purchasing Support (if Party B receives the formal order from Party A) - production status track & update, quality inspection & acceptance, storage and shipping arrangement (incl. document preparation, custom clearance and other necessary support for both sea and air shipment.) A sales contract shall be entered between the Parties for such purchasing support and the sales contract shall prevail in case of any discrepancy. 采购支持(如乙方收到甲方的正式订单)跟踪并更新生产状况、验货、仓储以及发货安排 (包括海运或空运的相关档准备、清关服务及其它支持)。针对采购支持服务,双方需另行 签订销售合同,且如有差异,以销售合同为准。 Article 2: Service Rates & Adjustment 第二条:费率及调整 Party B shall charge for its services stipulated as above and the rates listed in Party B’s formal quotation shall apply. 乙方将按照其单独报价单中的费率标准向甲方收取上述相关服务的费用。 Party B shall issue invoice to Party A according to the quotation confirmed by Party A. Party A shall pay the amount indicated in the invoice before receiving service from Party B. 乙方应按照甲方确认的报价金额向甲方开具发票,甲方应在乙方执行服务前依照发票金额全额支付服务费。 Article 3: Confidentiality 第三条:保密 In performance of the services under this contract, Party B may receive proprietary and confidential information from Party A. All such information shall be safeguarded and not be disclosed to third parties without approval by Party A. 本协议有效期内,甲方可能向乙方披露具有产权的、保密性的信息。所有这些信息将会被保护,乙方在未获得甲方准许的情况下不得向任何第三方透露。 Article 4 Entire Agreement & Amendment 第四条:完整性与修改 This Contract and its Appendices (including but not limited to quotation) constitute the final, complete and exclusive statement of the contract of the parties with respect to the subject matter thereof. It supersedes all prior communications, understandings and agreements relating to the subject matter hereof, whether oral or written. No modification or claimed waiver of any provision of this Contract shall be valid except by written amendment signed by authorized representatives of the parties through negotiation. 本合同及合同附件(包括但不限于报价单)共同构成合同双方基于本合同所涉技术服务的最终、完整且排他性的协议,并取代此前双方达成的所有口头或书面沟通、理解与协议。对本合同的任何修改需经双方协商一致并书面签署。 Article 5 Dispute Resolution 第五条:争议解决 If any dispute or difference of whatsoever kind shall arise in connection with or arising out of this Contract, the Parties shall solve attempt to resolve such dispute through friendly consultations. If such attempt fails, either party shall be entitled to submit the dispute to China International Economic and Trade Arbitration Commission. 任何与本合同相关或起于本合同的`争议或异议,双方应尝试以友好协商方式解决。如上述方式无效,任一方均可向中国经济贸易仲裁委员会提请仲裁解决。 Article 6: Language 第六条:语言 This contract shall be written in both Chinese and English. Both language versions are equally authentic. In the event of any discrepancy between the two aforementioned versions, the English version shall prevail. 本合同中、中英两种文字具有同等法律效力,在文字解释上,若有异议,以英文解释为准。 IN WITNESS WHEREOF, each of the Parties hereto has caused this Contract to be signed by their authorized representatives. It shall valid for __ months from the execution date of this contract. 有鉴于此,双方在此责成各自授权代表签署本合同,且本合同自首页签署日起生效,有效 期 个月。 Party A’s Representative: 甲方代表 Name and Title (Print): ______ 代表姓名/职位(打印或正楷书写):______ Signature: 签名: Party B’s Representative:乙方代表 Name and Title (Print): 代表姓名/职位(打印或正楷书写): Signature: 签名: 英文合同模板集锦 篇2买方 The Buyer: 地址 Address Tel: Fax: 卖方 The Seller: 地址: Address Tel: Fax: 本合同由买卖双方订立,根据本合同规定的条款,买方同意购买,卖方同意出售下述商品: This Contract is made by and between the Buyers and Sellers, whereby the Buyers agree to buy and the Sellers agree to sell the under-mentioned commodity according to the terms and conditions stipulated below: (1) 货名及规格 Commodity & Specification (2) 数量 Qty. (3) 单价 Unit Price (4) 总价Total Amount (5) 原产公司:COUNTRY OF ORIGIN : (6) 装运期限:TIME OF SHIPMENT: (7) 装运口岸:PORT OF SHIPMENT: (8) 到货目的地:DESTINATION: (9) 保险: INSURANCE: 由卖方按合同金额11%投保一切险和战争险 All Risks and War Risk for 11% contract value to be covered by the Seller. (1) 运输方式:TERM OF SHIPMENT: 空运 By air (11) 包装:PACKING: 须用坚固的新木箱包装,适合长途空运/陆运,防湿、防潮、防震、防锈、耐粗暴搬运。由于包装不良所发生的损失,由于采用不充分或不妥善的防护措施而造成的任何锈损、破损,卖方应负担由此而产生的一切费用和损失。包装箱内应包含一整套服务操作手册。卖方使用的木质包装应经薰蒸处理,并在木质包装表面标上清晰的IPPC标识。 To be packed in new strong wooden case(s) suitable for long distance air/land transportation and well protected from dampness, moisture, shock, rust and rough handling. The Sellers shall be liable for any damage to the goods on account of improper packing and for any rust damage and break damage attributable to inadequate or improper protective measures taken by the Sellers, and in such case or cases any and all losses and / or expenses incurred in consequence thereof shall be borne by the Sellers. One full set of service and operation manuals concerned shall be enclosed in the case(s). The wood packaging the Seller used shall be fumigated and marked with “IPPC” on the surface of wood packaging. (12) 唛头:SHIPPING MARK: 卖方应在每件包装上,用不褪色油墨清楚地标刷件号、尺码、毛重、净重、“此端向上”、“小心轻放”、“切勿受潮”等字样,并刷有下列唛头: On the surface of each package, the package number, measurements, gross weight, net weight, the lifting positions, such cautions as “THIS SIDE UP”, “HANDLE WITH CARE”,“KEEP AWAY FROM MOISTURE” and the following shipping mark: (13) 付款条件:TERMS OF PAYMENT: 1%的合同金额通过电汇支付。1% contract value by T/T. 买方在合同生效后两周内支付合同金额的1%货款 The Buyer shall pay 1% advance payment to the Seller within two week after contract effected. (14) 单据:Documents, 1. 正本空运单(收货人联),标明“运费已付”及唛头,买方为收货人及通知方。 Original Airway Bill (copy for Consignee) marked “freight prepaid” and shipping mark, consign to and notify the Buyer. 2. 涵盖1%合同金额的商业发票三正三副,注明合同号、唛头。 Commercial invoice covering 1% of contract amount in 3 originals and 3 copies, indicating contract number, shipping mark. 3. 装箱单三正三副,注明毛、净重、尺码和所装货物的包装形式及数量。 Detailed Packing List in 3 originals and 3 copies indicating both gross and net weights, measurements and packing condition and quantity of each item packed. 4. 卖方出具的质量及数量证书正本三份。 Certificate of quality and quantity issued by seller in 3 originals. 5. 卖方出具的原产地证书一正一副。 Certificate of origin in 1 original and 1 copy issued by Seller. 6. 货物装运后24小时内卖方发给买方装运通知传真复印件一份。 Copy of fax from seller to the buyer advising the particulars of shipment within 24 hours after shipment is made. 7. 保险单或保险证明一正一副,按照合同金额11%投保一切险及战争险。 Insurance Policy or Certificate for 11% contract value, covering All Risks and War Risk in 1 original and 1 copy. 8. 卖方声明外包装表面标有IPPC标识证书正本一份, 或卖方出具的非木质包装证明正本 Seller’s Certificate in 1 original certifying IPPC has been marked on surface of the wooden cases / seller’s Certificate certifying no wood package is used in the shipment. (15) 装运通知:SHIPPING ADVICE: The Sellers shall fax to the Buyer the Readiness Notification one week before the goods to be shipped. 卖方在发货前一周物向买方传真货物备妥通知。 The Sellers shall, immediately upon the completion of the loading of the goods in 24 hours, send the Buyers Air Waybill, Invoice and Packing list by fax. 装运通知:卖方应在货物装运完毕后24小时内用传真将空运单、发票和装箱单发给买方。 英文合同模板集锦 篇3Technical Consultancy Service Contract 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 o 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 英文合同模板集锦 篇4签合同的英文: contract n. 契约;合同;婚约 v. 感染;(使)缩小,缩短,收缩;订契约 The contract was negotiated.合约已谈妥。 confidentiality of contracts合同的保密性 Renewal of contract合同的续订 crimp contraction皱缩率 a contracted brow皱缩的眉头 参考例句: Shall we sign the contract?我们签合同好吗? The interval between contract signing and shipment is too long, I'm afraid.恐怕签合同与交货时间相隔太长了。 英文合同模板集锦 篇5Contract 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 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 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 with all the technical service reports and relevant documentation within the Scope of Technical Services and within 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 Client’s personnel with 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 shall 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 Client 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 Client has received the following documents provided by Consultant and found them in order. A. Ten (10) copies of technical service report on Item 2; 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 Client has received the following documents provided by Consultant and found them in order. A. Ten (10) copies of technical service report on Item 3; 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 Client has received the following documents provided by Consultant and found them in order. A. Ten (10) copies of technical service report on Item 4; 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 Client 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 _____ is: 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; and D. Technical service report on Item 4: ________months after effectiveness of the Contract. 4.2 Consultant shall inform Client by fax when the Technical service reports are airmailed to Client indicating the date and number of airway bill. Client shall 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 Client with satisfactory services within the scope of work described in Appendix 1 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 1. 7.3 The Consultant‘s guarantee liability shall expire _____ months after its consultancy service is finally inspected and accepted by Client, or after final payment is made. 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 4; 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; 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 Sub-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 Correspondence 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. Article 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 written form and become valid upon the signature of the authorized representatives of both parties. The valid amendments, supplements, subtractions, or alterations shall from an integral part of Contract and shall have the same legal force as the text of Contract. 15.6 All communications between the parties shall be in English in written form during implementation of Contract. Faxes concerning important matters shall be confirmed timely by registered or express mails. 15.7 The Contract is made in two counterparts each in Chinese and English, each of which shall deemed equally authentic. The Contract is in four (4) originals, two (2) for the Buyer and two (2) for the Seller. Client: ________________________________________________. Address: ______________________________________________. Post Code: ____________________________________________. Telephone: ________________. Fax: _________________. E-mail: _______________________________________________. Authorized Representative signature: ____________________. Signing Date: __________________________________________. Consultant: ____________________________________________. Address: ______________________________________________. Post Code :____________________________________________. Telephone: ________________. Fax: _________________. E-mail: _______________________________________________. Authorized Representative signature: ___________________. Signing Date: __________________________________________. 英文合同模板集锦 篇6The date of signature of this agreement 协议签署日期: Advertiser 广告商: Advertiser’s Address 广告地址: Telephone 电话: Agency 代理商: Agency’s Address 代理商地址: Telephone 电话: This Advertising Agency Agreement (hereinafter referred to as Agreement) is made and effective this Date of, by and between Advertise and Agency. 此广告代理协议(下称:协议)从签约之日起由广告商和代理商之间签订并生效, Agency is in the business of providing advertising agency services for a fee. 代理商从事提供广告代理服务并收取费用。 Advertiser desires to engage Agency to render, and Agency desires to render to Advertiser, certain advertising agency services, all as set forth. 广告商欲雇用代理商提供服务,并且代理商欲提供给广告商某些广告代理服务,如下所示。 NOW, THERFORE, in consideration of the mutual agreements and covenants herein contained the parties hereto agree as follows: 因此,现在,考虑到在此包含的双方约定和合同,双方同意如下条款: 1. Engagement 雇用 Advertiser engages Agency to render, and Agency agrees to render to Advertiser, certain services in connection with Advertiser’s planning, preparing and placing of advertising for certain of Advertiser’s products as follows: 广告商启用代理商提供,并且代理商同意提供给广告商和广告商的计划,准备和投放一些广告商的产品的服务,如下所示: A. Analyze Advertiser’s current and proposed products and services and present and potential markets. 分析广告商的目前和建议的产品和服务,目前和潜在的市场。 B. Create, prepare and submit to Advertiser for its prior approval advertising ideas and programs. 创立,准备和提交给广告商先前批准的广告理念和计划。 C. Prepare and submit to Advertiser for its prior approval estimates of costs and expenses associated with proposed advertising ideas and programs. 准备和提交给广告商与所建议的广告理念和计划的先前的批准的预计成本和费用。 D. Design and prepare, or arrange for the design and preparation of, advertisements. 设计和准备,或安排广告的设计和准备。 E. Perform such other services as Advertiser may request from time to time such as, but not limited to , direct mail advertising preparation, speech writing, publicity and public relations work, market research and analysis. 进行广告商可能不时要求的其他服务,例如,但不局限于,直接的邮寄广告准备,演讲稿,宣传和公共关系工作,市场研究和分析。 F. Order advertising space, time or other means to be used for publication of Advertiser’s advertisements, all time endeavoring to secure the most efficient and advantageous rates available. 预订用于广告商广告发布的空间,时间或其它方式,一直努力获得最有效的和最有利的费率。 G. Proof for accuracy and completeness of ions, displays, broadcasts, or other forms of advertisements. 寻求精确性和完成广告附加页,展示,广播或其它形式的广告。 H. Audit invoices for space, time, material preparation and charges. 审计空间,时间,材料准备和费用的发票。 2. Products产品 Agency’s engagement shall relate to the following products and services of Advertiser: [Products] 代理商的启用将与广告商的下列产品和服务有关[产品] 3. Exclusivity 独家代理 Agency shall be the [Exclusive or Non-Exclusive] advertising agency in the United States for Advertiser with respect to the products described in Section 2 Above. 代理商将是关于上述第二部分广告商在美国的[独家代理或非独家代理]广告机构。 4. Compensation赔偿金 A. Agency shall receive an amount equal to Media Commission Rate of the gross charges levied by media for advertising placed therewith by Agency pursuant to this Agreement; and Non-Media Commission Rate after volume discount, of the charges of suppliers of services or properties, such as finished art, comprehensive layouts, type composition, photos, engravings, printing, radio and television programs, talent, literary, dramatic and musical works, records and exhibits, purchased by Agency on Advertiser’s authorization during the term of this Agreement; provided that: 代理商将根据此协议获得等同于[媒体佣金费率]的由代理商投放广告媒体所征收的总费用;并且在总量折扣之后获得等同于[非媒体佣金费率]的供应商的服务或财产的费用,如艺术品,总体设计,字体组合,直接影印本,版画,印刷,广播和电视节目,人才,文学作品,戏剧和音乐作品,唱片和展览,由代理商根据广告商的授权在此协议期限内购买;只要: 英文合同模板集锦 篇7The 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: ___________ ____________ 英文合同模板集锦 篇8This Agreement is made in Haidian District, _________(Placename)on _________,_________,_________(M,D,Y) among the following parties: AAA (Passport No.: _________); BBB (ID No.: _________); CCC (ID No.: _________); DDD (ID No.: _________); EEE (ID No.: _________); FFF (ID No.: _________); and HHH Co., Ltd., with official address being: _________(Address)hereinafter "HHH"). Whereas: A. III entered into a three-year term loan agreement with HHH on _________,_________,_________(M,D,Y). Pursuant to the said loan Agreement, III has borrowed RMB_________ from HHH to invest in the establishment of JJJ Co., Ltd. (hereinafter "JJJ Company"). B. BBB entered into a three-year term loan agreement with HHH on _________,_________,_________(M,D,Y). Pursuant to the said loan agreement, BBB has borrowed RMB_________ from HHH to invest in the establishment of the JJJ Company. C. The JJJ Company was 70% owned by III and 30% owned by BBB right after its establishment. D. III entered into the share transfer agreement on _________,_________,_________(M,D,Y) with each of AAA, CCC, DDD, EEE and FFF. Pursuant to the said share transfer agreements, III has transferred 30% of the shares of the JJJ Company to AAA and 10% of the shares of the JJJ Company to each of CCC, DDD, EEE and FFF. E. A debt transfer and assumption agreement was entered into on _________,_________,_________(M,D,Y) among III, AAA, CCC, DDD, EEE, FFF and HHH. Pursuant to the said debt transfer and assumption agreement, III has transferred his repayment obligation under the aforementioned loan agreement with HHH to AAA, CCC, DDD, EEE, and FFF; AAA has assumed RMB_________ loan obligation from III and each of CCC, DDD, EEE and FFF has assumed RMB_________loan obligation from III. F. As of the date of this Agreement, each of AAA and BBB owns 30% of the shares of the JJJ Company and each of CCC, DDD, EEE and FFF owns 10% of the shares of the JJJ Company. To maintain their interest in the JJJ Company, each of AAA and BBB owes HHH RMB_________ and each of CCC, DDD, EEE and FFF owes HHH RMB_________. Therefore, the parties agree to the following regarding the repayment of loan from each of AAA, BBB, CCC, DDD, EEE and FFF to HHH: 1. Repayment of Loan 1.1 HHH has the right to request each of AAA, BBB, CCC, DDD, EEE and FFF (each hereinafter "the borrowing p 英文合同模板集锦 篇9AGREEMENT OF SECURITIES PLEDGE 目 录 SECTION 1 第一条 DEFINITION 定义 SECTION 2 第二条 PLEDGE 质押 SECTION 3 NATURE OF LOAN AND PLEDGE第三条 贷款和抵押的性质 SECTION 4 SCOPE OF PLEDGE AND REDELIVERY OF THE PLEDGED COLLATERAL 第四条 承诺抵押品的抵押范围及重新发运 SECTION 5 REPRESENTATIONS AND WARRANTIES 第五条 陈述与保证 SECTION 6 AFFIRMATIVE COVENANTS 第六条 肯定性条款 SECTION 7 APPOINTMENT OF AGENTS AND ACTIONS BY LENDER 第七条 代理人指定及贷方行为 SECTION 8 SALE AND TREATMENT OF PLEDGED COLLATERAL 第八条 承诺抵押品的出售及处理 SECTION 9 DIVIDENDS AND VOTING RIGHTS 第九条 股息及表决权 SECTION 10 RIGHTS AND REMEDIES 第十条 权利及赔偿 SECTION 11 APPLICATION OF PROCEEDS OF PLEDGED COLLATERAL IN EVENT OF DEFAULT 第十一条 违约情况下承诺抵押品的收益应用 SECTION 12 COMPLIANCE WITH SECURITIES LAWS 第十二条 有价证券法律的遵守 SECTION 13 MONETARY RELIEF 第十三条 货币补偿 SECTION 14 MISCELLANEOUS 第十四条 其他款项 SECTION 1 第一条 DEFINITION 定义 1.1 Use of Defined Terms. Unless otherwise expressly specified herein, defined terms denoting the singular number shall, when in the plural form, denote the plural number of the matter or item to which such defined terms refer, and vice-versa. The Section, Schedule and Exhibit headings used in this Pledge Agreement are descriptive only and shall not affect the construction or meaning of any provision of this Agreement. Unless otherwise specified, the words “hereof,” “herein,” “hereunder” and other similar words refer to this Pledge Agreement as a whole and not just to the Section, subsection or clause in which they are used; and the words “this Agreement” refer to this Pledge Agreement. Unless otherwise specified, references to Sections, Recitals, Schedules and Exhibits are references to Sections of, and Recitals, Schedules and Exhibits to this Agreement. 定义术语的使用。除非在此另作明确详细说明,表示单数的定义术语,如果以复数形式出现,则表示此定义术语所指的事宜或事项的复数,反之亦然。本抵押协议中使用的条,附件以及附件标题仅具有描述性,不得对本协议中任何条款的构建和意义造成影响。除非另作说明,“本协议中”,“依据本协议”,“在本协议内”这样的词以及其他类似的词语系指此质押协议的整体,而不仅仅是使用这些词语的节,小节或条;“本协议”这些词系指本抵押协议。除非明确表示另有所指,本协议中在使用节、陈述、附表及证明时,所指涉的均系本协议之节、陈述、附表及证明。 1.2 Statements as to Knowledge. Any statements, representations or warranties which are based upon the knowledge of the Pledgor shall be deemed to have been made after due inquiry with respect to the matter in question. 认知声明。在抵押人认知基础上的任何声明,陈述或保证均应被视为在对所涉及事宜进行正当询问之后做出。 SECTION 2 第二条 PLEDGE 质押 2.1 Pledge by Pledgor. The Pledgor hereby pledges, and assigns to the Lender, and hereby transfers to the Lender all right, title, ownership and interest in and to (all the foregoing herein called the “Pledge”), the following described property hereinafter called the “Pledged Collateral”: the ______ shares of ______ ( ), together with any certificates, whether physical or electronic, evidencing such shares (collectively, the “Pledged Shares”) and all cash, instruments, securities or other property representing a dividend or other distribution on any of the Pledged Shares, or representing a distribution or return of capital upon or in respect of the Pledged Shares, or resulting from a split-up, revision, reclassification or other like change of the Pledged Shares or otherwise received in exchange therefore, and any warrants, rights or options issued to the holders of, or otherwise in respect of, the Pledged Shares, and all proceeds thereof (collectively, the “Pledged Collateral”). 抵押人的抵押。抵押人在此向贷方抵押,转让,转移所有权利,所有权和利息(本协议中所有前述事项均称为“抵押”),以下描述的财产简称为“承诺抵押品”:______的股份,连同任何证明这种股份的物质或电子凭证(统称为“抵押股份”)以及所有现金,工具,有价证券,或者其他代表股息或其他抵押股份任何分配的财产,或者代表根据或有关抵押股份的资金分配或返回,或者由于对抵押股份进行股本分割,修正,重新分类或其他类似改变,或者相反,因此作为交换而接收,以及对持有人发放的任何抵押股份或反之与其有关的保证,权利,或选择,以及本协议中的所有收益(统称“承诺抵押品”)。 SECTION 3 NATURE OF LOAN AND PLEDGE第三条 贷款和抵押的性质 3.1 Non-Recourse Loan and Pledge. The Lender agrees, for itself, its representatives, successors and assigns that: (i) neither the Pledgor, nor any representative, successor, assign or affiliate of the Pledgor, shall be personally liable for the Principal Loan Amount; and (ii) the Lender, and any such representative, successor or assignee, shall look only to the property identified in this Pledge Agreement for payment of the Obligations and will not make any claim or institute any action or proceeding against the Pledgor, or any representatives, successors, assigns or affiliate of the Pledgor, for any deficiency remaining after collection upon the Pledged Collateral, except as provided below. 无追索权贷款及抵押。贷方为自己,其代表,继承人及受让人,同意:(1)抵押人,或者抵押人的任何代表,继承人,受让人或附属者中任何一方不得个人对主要贷款金额负责;(2)贷方,以及任何代表,继承人或受托人仅能将本抵押协议中定义的财产作为支付债务,不得以获得承诺抵押品后仍有任何损失为由向抵押人,或者抵押人的任何代表,继承人,受让人或附属者提出任何索赔,采取任何行动或起诉,除非有下述情况。 Provided, however, notwithstanding the foregoing, the Pledgor is and will remain personally liable for any deficiency remaining after collection of the Pledges Collateral to the extent of any loss suffered by Lender, or its representatives, successors, endorsees or assigns, is caused by Pledgor based in whole or in part upon damages arising from any fraud, misrepresentations or the breach of any representation, warranty or agreement in the Loan Documents. 尽管如前述事项,但如果抵押人个人正在并保持对获得承诺抵押品之后依然存在的任何贷方,或者其代表,继承人,被背书人或受让人蒙受的任何程度的损失负责,及任何由抵押人对陈述,保证或贷款文件中的协议进行任何欺骗,歪曲引起的整体或部分损失。 SECTION 4 SCOPE OF PLEDGE AND REDELIVERY OF THE PLEDGED COLLATERAL 第四条 承诺抵押品的抵押范围及重新发运 4.1 Pledge Absolute. The Pledgor hereby agrees that this Pledge Agreement shall be binding upon the Pledgor and that the Pledge of the Pledged Collateral hereunder shall be binding upon the Pledgor and that the Pledge of the Pledged Collateral hereunder shall be irrevocable and unconditional, irrespective of the validity, legality or enforceability of the Loan Agreement and any other Loan Document, even in the absence of any action to enforce the same, the waiver or consent by the Lender with respect to any provision thereof, or any action to enforce the same or any other similar circumstances. The Pledgor hereby waives diligence, presentment, demand of payment, filing of claims with a court in the event of merger or bankruptcy of the Pledgor, any notice to require a proceeding first against the Pledgor or any other Person, protest or notice with respect to indebtedness evidenced hereby and all demands whatsoever, and covenants that this Agreement will remain in full force and effect so long as any Obligations under the Loan Agreement remains unpaid. 绝对承诺。抵押人在此同意本抵押协议对抵押人构成约束,在本协议内对抵押品的承诺应对抵押人构成约束,本协议内对抵押品的承诺应为不可撤销,无条件的,不论贷款协议或者其他贷款文件的有效性,合法性和强制性,甚至无论任何相同行为的执行,贷方有关协议中的任何条款的弃权或同意,或者执行任何相同或类似情况的行为。在此,如果抵押人面对并购和破产,对抵押人或者其他人首先提出诉讼要求的任何通知,与协议中证实的债务相关的声明及通知,以所有要求,将放弃在法庭上的注意程度,陈述,支付索取和索赔的提出,保证本协议保持完全有效,并且在贷款协议下尚有任何未偿还债务时均保持有效。 4.2 Termination and Redelivery of the Pledged Collateral. This Agreement shall terminate when all of the Pledgor’s Obligations have been paid in full. Within five business days of the Pledgor’s satisfaction of the Obligations, the Lender shall reassign all right, title, ownership and interest in identical securities, as described in IRC 1058 to the Pledgor and redeliver the Pledged Collateral, without recourse or warranty, at the sole expense of the Lender. The Lender shall also deliver appropriate instruments of reassignment and release. Provided, however, that this Agreement shall be reinstated if any payment in respect of the Obligations is rescinded, invalidated, declared to be fraudulent or preferential or otherwise required to be restored or returned by the Lender for any reason, including without limitation by reason of the insolvency or bankruptcy of the Pledgor or any other person. For the purpose of this Pledge Agreement and the Loan Documents, a return of identical securities means a return of the Pledged Shares as modified as a result of any split-up, revision, reclassification or other like change of the Pledged Shares. Any cash or shares tendered to buy down the Loan due to the occurrence of an Event of Default are not subject to redelivery and do not become part of the Pledged Collateral. 协议终止及承诺抵押品的重新发运。本协议于抵押人所有债务完全付清之后终止。在抵押人付清债务的五个工作日内,贷方应如IRC 1058中的描述向抵押人重新分配相同有价证券中的一切权利,所有权和利益,无追索权或保证的情况下重新运送承诺抵押品,费用仅由 英文合同模板集锦 篇10NECESSARY TERMS OF ENGLISH CONTRACT 1.前言 Preamble 一份标准英文合同通常可以分为前言(Preamble)、正文(Operative part)、附录(Schedule)及证明部分即结束词(Attestation)四大部分组成。 前言(Preamble)由“Parties”及“Recitals”两部分组成。 “Parties”为必备条款,在很多时候称为“commencement”即合同的开场白,主要介绍合同各方的名称或姓名、注册地及地址、邮编及在合同中的简称。当然,并不是所有的合同都要详细介绍以上诸要素,在许多简单合同中,只是提一下各方的名称。 I. 以下为“Parties”的常用表达方式: 1. This Agreement is entered into by and between ____ and ____. 本协议由以下双方____和___ 签署。 2. This Agreement is entered into by and between ____ (hereinafter referred to as____) and ____ (hereinafter referred to as "_____"), whereby it is agreed as follows: 本协议由以下双方____(以下简称____)和_____(以下简称___)签署,达成如下协议: 注:在很多合同中,这部分加入签约事由,如: This Agreement is entered into through friendly negotiations between _____ Co. (hereinafter referred to as the “Party A”) and _____ Co. (hereinafter referred to as the “Party B”) based on equal ity and mutual benefit to develop business on the terms and conditions set forth below: 本协议由_____(以下称为甲方)和____(以下称为乙方)为发展业务在平等互利的基础上签订,其条款如下: This Agreement is entered into between _____ (hereinafter referred to as "Company"), and ______, (hereinafter referred to as "Employee") pursuant to paragraph VIII(2) of the Employee Handbook, whereby it is agreed as follows: 本“协议”由_____(以下简称“公司”)与_____(以下简称“雇员”)根据“雇员手册”第VIII(2)款签署,“协议”内容如下: II. 以下为标准的“Parties”条款: 3. This Agreement is made and entered into this _____th day of _____ in the year of ____ by and between ______, a company duly organized and existing under and by virtue of the laws of ______, with its principal place of business at _____ (hereinafter referred to as “_____”), and ______, a company duly organized and existing under and by virtue of the laws of _____, with its principal place of business at _____ (hereinafter referred to as “_____”), whereby it is agreed as follows: 本合约由______,在_____法律之下并凭该等法律正式组织并存在的公司,其主要营业地点在______(下称_____),与_____,在_____法律之下并凭该等法律正式组织并存在的公司,其主要营业地点______(下称代理人),于_____日签订和缔结,协议如下: III. “Recitals”由数个以"Whereas"字样开头的句子所组合而成(这些句子俗称为“Whereas Clauses”),表示当事人乃是在基于对这些事实(例如订约的目的、背景来由等)的共同认识,订立此合约。 4. This Agreement is made and entered into this _____ day of _____ in the year of ____ by and between _______, a company duly organized and existing under and by virtue of the laws of ______, with its principal place of business at ______ (hereinafter referred to as “_____”), and ______, a company duly organized and existing under and by virtue of the laws of ______, with its principal place of business at ______ (hereinafter referred to as “_____”) WITNESSED WHEREAS, NOW THEREFORE, the parties hereto agree as follows: 本合约由_____,在_____法律之下并凭该等法律正式组织并存在的公司,其主要营业地点在______(下称_____)(或下称供应商),与_______,在_____法律之下并凭该等法律正式组织并存在的公司,其主要营业地点_ 鉴于 因此,双方当事人达成以下协议: 注:WITNESSED可以用WITHNESSTH、WITHNESSTH THAT等来代替。 IV. 在很多美国常用合同中,在很多情况下直接用RECITALS引导数个陈述语句或“Whereas Clauses”。下面为一个资产购买协议实例: This ASSET PURCHASE AGREEMENT (the "Agreement") is made and entered into as of May 19, 1997 by and among AAA, a Delaware corporation ("AAA"), BBB, a Delaware corporation and wholly-owned subsidiary of AAA ("Buyer"), CCC ("Summit"), and DDD, an Oregon corporation and wholly-owned subsidiary of Summit ("Seller"). RECITALS A. The Boards of Directors of each of Summit, Seller, AAA and Buyer believe it is in the best interests of each company and their respective security holders that Buyer acquire certain listed assets and assume certain listed liabilities of Seller (the "Acquisition"). B. On the date hereof, Buyer has executed a $2,000,000 irrevocable purchase order to purchase 400 time-based licenses for Summit's Visual HDL interfaces for Visual Test bench ("VTB") software on AAA's standard form of purchase order, which is payable within five (5) business days after the date hereof. NOW, THEREFORE, in consideration of the covenants, promises and representations set forth herein, and for other good and valuable consideration, the parties agree as follows: 2.定义 Definition 在正文(Habendum)部分,通常第一章为定义(Definitions)部分。 定义条款即对合同中涉及的术语及名词作出限定、解释的条款。它可以散见于合同各个部分,但对于一些大型的、重要的合同,通常将其置于第一章。 I. 常见的定义语句常用mean, refer to, be construed as, include等来表达。如: 1. "Territory" means the United States of America.“销售地区”是指美利坚合众国。 2. “Commencement date” shall mean the date of signing this agreement by the last signing party hereto. “协议生效日”是指本“协议”最后签字的一方签署本“协议”的日期。 3. The “agreement” herein referred to shall mean this agreement of agency by entrustment. “协议”在这里是指本委托代理协议。 4. “Code” shall refer to the current and applicable Internal Revenue Code. “法”是指当前可用的国内税收法。 5. Reference to any statutory provision shall be construed as a reference to the same as it may have been, or may from time be, amended, modified or re-enacted. 引用法律规定理解为引用其本身外,还包括其修订、修正或重新实施案。 6. "Expenses" include costs, charges and expenses of every description. “费用”包括各种形式的金钱支出。 II. 还有一类特殊的定义语句,即对于「单、复数」及「阴、阳性」名词的范围定义。通常都是用include来表达: 1. "Stock Certificate" includes "stock certificate" and "stock certificates". 合同中的“股票”,包括单数与复数。 2. "He" includes "he" and "she". 合同中的“他”,包括“他”与“她”。 3. Words using the singular or plural number also include the plural or singular number. 采用单数或复数的单词也包括复数或单数。 III. 定义语句中,有时需限定范围。而通常用得最多的是:“for the purpose of ”及“in relation to”某概念的定义条款,如果适用范围仅限于合同的“特定部份”,可以用“for the purpose of ”来为定义条款起头。而如果定义条款是针对合同的“特定概念”,就用“in relation to”来界定。如下例: 1. For the purpose of this Agreement, "Products" means all types of the machineries manufactured by Manufacturer as are specified in Attachment A hereto. 本协议所称的“产品”,指制造人所制造如附件A表列之各式机器。 2. "Address" means- (a) 就自然人而言in relation to an individual, his usual residential or business address; and (b) in relation to a corporation, its registered or principal office in the Republic of China. “地址”就自然人而言,指通常之居所或工作场所;就公司而言,指位于中华人民共和国之注册所在地或主营业所。 英文合同模板集锦 篇11租 赁 合 同- LEASE CONTRACT 出租人LESSOR: ______________ (以下简称甲方Hereafter referred to as “PARTY A”) 电话Tel:______________ 手机Mobile:______________ 承租人LESSEE: (以下简称乙方Hereafter referred to as “PARTY B”) 通讯地址Mail Add: 电话Tel: 传真Fax: 住客姓名The occupants of the premises will be: 甲、乙双方经协商一致,订立本合同。合同内容如下: This lease has been mutual agreed and set up by PARTY A and PARTY B as the following: 1. 出租物业The Premises to be leased are described as follows: 地址Location: 面积Area: 电话Tel: _____条IDD直线, ____ IDD lines 2 租金Rental: 2.1租金每月为 元整, 形式支付 PARTY B shall pay as rent the sum of ; i.e.RMB per month. 2.2租金包括家具和电器的配置(详见附件), 供暖费, 物业管理费、水费,电费,+煤气费、健身卡、卫星收视费。 The Rent includes the Furniture、the Electrical Appliances (see Appendix A), Heating Fee, Management fee,water fee , electricity fee, gas fee,Fitness card,Satellite TV service fee. 2.3租金应在入住前及此后每月的 号前支付。甲方应在收到租金后向乙方开具正式发票。甲方应每月提前向乙方发出支付租金的书面通知。 The first rental shall be paid before moving in and the following rental shall be paid before the th of each succeeding 1 month’ term. PARTY A shall issue to PARTY B official invoice (Fapiao) upon receiving the rental. Party A shall send prior written notice to Party B for monthly rental payment request. 2.4租金以人民币支票或转账形式支付. Rental is payable in Ren Min Bi by check or by bank transfer. 2.5 在本租约有效期内,租金不予调整。 Rent will not be modified during the term of this Lease Agreement. 3 押金 Deposit: 3.1乙方须支付相当于两个月房租的押金(即RMB ), 以人民币支票或转帐形式支付)。甲方应在收到押金后向乙方开具统一收据。 A deposit of two (2) months’ equivalent rental (RMB ) shall be paid by PARTY B in RMB by check or by bank transfer. PARTY A shall issue to PARTY B official receipt upon receiving the deposit. 3.2押金在合同终止后10天内由甲方以相同币种全额退还给乙方(不计利息)。如果延期返还,则每延期一日,按每日万分之四支付给乙方利息。 The deposit shall be refundable in full amount in 10 days after the contract expiration, in same currency and excluding interest thereupon. In case PARTY A delays the refund of the deposit, PARTY A shall pay interest to PARTY B at the rate of 0.04% per day of delay. 3.3甲方应按时付清各种帐单。若以上出租房屋及其家具、设备等因乙方原因出现遗失或非正常的损坏,乙方应负责赔偿。 PARTY A shall pay off on time all the bills due. In case there is any loss or unusual damage to the furnishings, contents or the rental premises due to PARTY B’ s reason, PARTY B shall compensate for it. 4 租期 Lease term: 乙方租用出租房屋期限为 1 年,即自 年 月 日至 年 月 日。 From 16 July 20xx to 15 July 20xx for one (1) year. 5 出租人的责任 PARTY A’s obligation: 5.1 3甲方声明及保证甲方为该出租房屋的合法拥有人,有合法地位出租此房屋,并就出租事宜已取得有关方面的批准。 PARTY A assures to be the legal owner of the leased premises, to have the necessary legal capacity to lease it, and PARTY A’ action has been ratified by the authorities concerned. 5.2租赁期内,若甲方出售该出租房屋导致该出租房屋所有权发生转移,甲方须保证本合同能继续执行。 In case PARTY A sells the premises during the lease which leads to the premises ownership be transferred, PARTY A shall ensure that the said contract will be implemented continuously. 5.3甲方须按时将清洁状况良好的出租房屋交付乙方使用,保证在租赁期内出租房屋内的各项设施能正常使用。 PARTY A shall hand over the said premises to PARTY B on time and assure the said premises will be cleaned and in good status during the lease term. 5.4甲方有义务负责出租房屋及设施的正常维护和保养,如房屋或设施非因甲方原因出现故障,甲方应在收到乙方通知后二十四(24)小时内自行或通过其他方式解决故障,否则,乙方有权雇佣第三方进行维修,由甲方承担所有费用并承担相关责任。由于不可抗力(如地震、台风、洪水、非人为的火灾等)、自然损耗或乙方以外的原因造成的损坏,亦由甲方承担有关费用。 PARTY A shall bear the responsibility of the said premises’ normal repairs and maintenance, and pay the cost related. In case the premises or facilities are in bad conditions not due to the reason of PARTY B, PARTY A shall complete the repair work within 24 hours upon receipt of the notice from PARTY B. Otherwise, PARTY B shall have the right to hire any third parties for the repair work at the cost of PARTY A. The cost of repairs to the said premises, if damaged by Force Majeure (such as earthquake, typhoon, flood non-man made fire, etc) reasonable wear and tear or by accidents beyond PARTY B’S control, should also be borne by PARTY A. 5.5租赁期内,在乙方遵守合同及支付租金的前提下,未经乙方允许,甲方不得进入该出租房屋。 During the lease, PARTY A shall not get in the said premises without PARTY B’S permission if PARTY B has been carrying out the contract normally. 5.6甲方应督促管理公司向乙方提供足够的服务,如冷水、热水、煤气,电的供应及各种设备的正常工作。 Party A shall direct Property Management Company to provide sufficient and continuous services to Party B, including provision of cold water, hot water, gas and electricity and ensure proper maintenance of equipment therein. 5.7 房产税及与租赁有关的所有税费由甲方承担。 Premises tax and other leasing related taxes shall be paid by PARTY A. 6 承租方的责任 PARTY B’S obligations: 6.1 乙方申明及保证其在中国拥有合法居留权,并按有关规定办理必要的居住登记手续。 PARTY B assures to have the legal right of residence in China, and shall complete the residential formalities complying with the local regulations. 6.2 住客应按时支付电话费含上网费、水电煤气费。 The occupant shall pay the telephone bills and internet fee, extra water electricity gas fee on time. 6.3 乙方只能将出租房屋用做住宅,不得将之用作公司及代表处的注册地址,亦不可作为公开的办公室。 The premises are limited for residential use only by PARTY B, and are prohibited from registering as legal address for any company or agency, or using as public office. 6.4 乙方不得在出租房屋内进行违反法律及政府对出租房屋用途有关规定的行为。 PARTY B shall not carry in the premises any unlawful or illegal activities which are not allowed according to the leasing regulations from the government. 6.5 租赁期内,未经甲方书面同意,乙方不得将出租房屋部分或全部转租他人。 PARTY B shall not partly or totally sublet the said premises without the written permission from PARTY A. 6.6 若因乙方使用不当或不合理使用,出租房屋及其内的设施出现损坏或发生故障,乙方应及时联络管理机构或甲方进行维修,并负责有关维修费用. The damage of the premises or the fittings that are within the control of PARTY B shall be borne by PARTY B, and PARTY B shall contact the management office or PARTY A instantly. 6.7 租赁期内,乙方对出租房屋进行装修或增加水、电、消防等设施,须经甲方同意并经有关部门批准,并由甲方执行监理,所需费用由乙方承担。双方解约时,乙方不能移走自行添加的结构性设施,甲方亦不必对上述添加设施进行补偿。 PARTY B, upon written permission of PARTY A, may make additions or alterations dealing with water, electricity supply or fire protection, at his own expense, subject to necessary permits or licenses required by the authorities concerned and under the supervision of PARTY A .No structural alterations or additions can be removed from the premises upon the expiration of this contract. No reimbursement for the said additions. 6.8 乙方有权在墙壁上悬挂画、图片或其他装饰性物品。合同履行期限届满或提前解约时,甲方应承担费用拔掉钉子、粉刷墙壁或使墙壁恢复原状,并承诺不以此为由扣留乙方的押金。 PARTY B is entitled to hang pictures, paintings or other decorative articles on the walls. Upon expiration or early termination of the contract, PARTY A shall bear the cost to remove the nails, repaint the wall or restore the wall to the original state, and PARTY A shall not retain PARTY B’S deposit for the reason of doing things above. 6.9租赁合同期满的前一个月内,经合理事先书面通知,乙方应允许甲方或其授权人 引领潜在客人参观在出租房屋。 During the last month of the contract, after reasonable prior written notice to PARTY B, PARTY A or his nominee shall be allowed to show the said premises to the potential clients. 6.10 租赁期满,若甲,乙双方未达成续租协议,乙方应于租期届满时或之前迁离出租房屋并将钥匙及清理干净的房屋归还甲方. PARTY B shall return the premises in a clean condition to PARTY A (except wear and tear) at the expiration of the contract if there is no renewal thereupon. 7 提前解约Early termination: 7.1六(6)个月后,乙方如要退租,应提前一(1)个月书面通知甲方终止本租约。在此情况下,甲方应在本租约终止后十(10)日内将押金全额退还乙方。 After six (6) months, Party B may, upon one (1) month advance written notice to Party A, terminate this Tenancy Agreement without any liabilities. Under this circumstance, Party A shall return the deposit in full to Party B within ten (10) days after the termination. 7.2 若因自然界的不可抗力,如火灾、洪水、台风、地震、战争等意外损害导致出租房屋无法居住,合同即自动终止,甲、乙双方互不承担责任。 If the said premises are so damaged by force majeure (fire, flood, typhoon, earthquake, war, and etc) that it’s no longer habitable, the contract shall be terminated automatically. Neither PARTY A nor PARTY B shall bear any responsibility to each other. 8 续租 Renewal: 租赁期满,乙方有优先续租权,但须提前一个月通知甲方,并安排签订续租合同。 PARTY B retains the priority to renew this lease upon expiration , while one-month prior notice to PARTY A is necessary, and PARTY A shall arrange the signature for the renewal contract. 9 争议的解决 Dispute Resolution: 9.1 本合同适用法律为中华人民共和国相关法律。 The contract is governed by the laws of the People’s Republic of China. 9.2在履行本合同过程中产生的任何争议由双方协商解决,协商不成,可向中国国际经济贸易仲裁委员会(北京)申请仲裁。 In case of any dispute arising out of the performance of this Contract, PARTY A and PARTY B shall consult together to reach unanimity, otherwise both parties can submit the dispute to the China International Economic and Trade Arbitration Commission (Beijing) for arbitration. 10 其他Others: 10.1本合同以中英文两种文字拟成,两种文本同等有效。 The contract is drawn in both Chinese and English versions. Both texts have equal effect. 10.2 本合同一式二份,甲、乙双方各执一份。 Two copies of the contract will be drawn and remained in the possession of PARTY A & PARTY B. 10.3本合同自签定之日起生效。 The contract shall come into force on the date of signature. 10.4本合同的附件是本合同必不可少的组成部分。附件一列明的物品在甲、乙双方核实签字后生效。 The appendix is an indivisible part of this contract. Details listed in appendix 1 shall not come into affect until being checked and signed by both PARTY A and PARTY B. 11 签章 Signatures and official marks: 甲方 乙方 PARTY A: PARTY B: 授权代表: 授权代表人: Authorized representative: Authorized representative: 盖章: 盖章: Seal: Seal: 日期 日期 英文合同模板集锦 篇12Commercial Contract 商业合同 No: 合同号: Date: 日 期: The Buyer: Zhonghua International Technology Corporation 卖方:菲尔德·埃米森公司 The Seller: Field Emission Corp. 买方:中华国际技术开发公司 This contract is made by and between the Buyer and the Seller, whereby the Buyer agrees to buy and the Seller agrees to sell the under-mentioned commodity according to the terms and conditions stated below: 根据本合同条款,买方同意购买,卖方同意出售下述货品,兹签订本合同。 1. Commodity: camera-control equipment 1、品名:摄像机控制设备 Quantity: 60 (sets) 数量:60(台) Unit price: USD4 800.00 单价:4 800美元/台 Total amount: USD288 000.00 总额:288 000美元 2. Country of origin and manufacturer: Field Emission Corp. in US 2、原产国别及生产商:美国菲尔德·埃米森公司 3. Packing 3、包装 To be packed in strong wooden cases or cartons, suitable for long distance ocean, parcel post or air freight transportation as well as changing climate and with good resistance to moisture and shocks. 用坚固的木箱或纸箱包装,适宜长途海运、邮寄或空运及适应气候变化,并且具备良好的防潮抗震能力。 The Seller shall be liable for any damage of the commodity due to improper packing and for any rust attributable to inadequate protective measures in regard to the packing. 由于包装不当而引起的货物损坏或由于防护措施不善而引起货物锈蚀,卖方应赔偿由此而造成的全部损失费用。 One full set of service and operation manual shall be enclosed in each case. 包装箱内应附有完整的维修保养、操作使用说明书。 4. Shipping mark: 4、运输标志 The Seller shall mark on each package with fadeless paint the package number, gross weight, net weight, measurement and warnings such as “HANDLE WITH CARE”, “KEEP AWAY FROM HEAT”, “KEEP AWAY FROM MOISTURE” as well as shipping mark. 卖方应在每个货箱上用不褪色油漆标明箱号、毛重、净重、长、宽、高,并标有“小心轻放”,“防潮”及“防热”等字样和运输标志。 5. Date of shipment: Aug. 8, 20xx 5、装运日期:20xx年8月8日 6. Port of shipment: Los Angeles 6、装运港:洛杉矶 7. Port of destination: Ningbo 7、目的港:宁波 8. Insurance: 8、保险 To be borne by the Buyer after shipment. 装运后由买方投保。 9. Payment, under conditions (1), (2) and (3) below: 9、支付条件 分以下三种条件支付: (1) Through the letter of credit: (1)信用证 The Buyer, on receipt from the Seller of the delivery advice, shall open an irrevocable letter of credit with the Bank of China, in favor of the Seller for the total value of shipment 25 – 30 days prior to the date of delivery. The credit shall be available against Seller‘s draft drawn at sight on the opening bank for 100% invoice value accompanied by the shipping documents specified in Clause 10 hereof. Payment shall be effected by the opening bank by telegraphic transfer against presentation of the aforesaid draft and documents. The letter of credit shall be valid until the 20th day after the shipment is effected. 买方收到卖方交货通知,应在交货日期前25 – 30 天,由中国银行开出以卖方为受益人的与装运金额相同的不可撤销的信用证。卖方须向开证行出具100%发票金额即期汇票并附本合同第10款所规定的装运单据。开证行收到上述汇票和装运单据即予以电汇支付。信用证于装运日期后20天内有效。 (2) Collection: (2)托收 The Seller may present the sight draft together with the shipping documents (specified in Clause 10 hereof) through the Seller‘s bank and Buyer’s Bank to the Buyer for collection after shipment. 货物装运后, 卖方出具即期汇票,连同本合同第10款规定的装运单据,通过卖方所在地银行和买方银行提交给买方托收。 (3) By direct remittance: (3)直接付款 Payment shall be effected by the Buyer, by telegraphic transfer, within 7 (seven) days after receipt from the Seller of the shipping documents specified in the Clause 10 hereof. 买方收到本合同第10款规定的装运单据后7天内, 以电汇向卖方支付货款。 10. Documents: 10、单据 (1) In case of sea-freight: (1)海运 Full set of clean bills of lading marked “Freight to Collect”, “Freight Prepaid” made out to bank endorsed notifying Zhonghua International Technology Development Corporation at the port of destination. 全套清洁海运提单,标明“运费付讫”,“运费预付”,做成空白背书并注明通知目的港的中华国际技术开发公司。 (2) In case of air-freight: (2) 空运 One copy of airway bill marked “Freight to Collect”, Freight Prepaid“ and sent to the Buyer. 空运提单副本一份,标明“运费付讫”,“运费预付”,寄交买方。 (3) Invoice in 4 copies indicating contract number and shipping mark, made out in details as per the contract concerned. (3)发票一式4份,标明合同号和装运标志,发票根据有关合同详细填写。 (4) Packing list in 2 copies issued by the manufacturer. (4)由生产商出具的装箱单一式两份。 (5) Certificate of quality and quantity issued by the manufacturer. (5)由生产商出具的质量和数量保证书。 (6) The Buyer shall be advised by mail/cable immediately after shipment. (6)货物装运后立即用电报或信件通知买方。 In addition, the Seller shall, within 10 (ten) days after shipment, send by airmail two sets of aforesaid documents (except item 4) with one set directly to the Buyer and one set directly to Zhonghua International Technology Development Corporation at the port of destination. 此外,发货10天内,卖方将上述单据(第5条除外)航寄两份,一份直接给买方,一份直接给目的港的中华国际开发公司。 11. Shipment 11、装运 (1) In case of FOB terms (1) 离岸价格条款(FOB条款) a. The Seller shall, 30days before the contracted date of shipment, advise the Buyer by cable or letter of the contract number, name of commodity, quality, value, package number, gross weight, measurement and date of readiness at the port of shipment for the Buyer to book shipping space. 1)卖方于合同规定的装运日期前30天,用电汇或信件将合同号、品名、数量、价值、箱号、毛重、装箱尺寸和货物抵装运港日期通知买方,以便买方租船订舱。 b. Booking of shipping space shall be arranged by the Buyer‘s shipping agent, China Ocean Shipping Agency. 2)买方船运代理中国外轮代理公司,负责办理租船订舱事宜。 c. The Buyer‘s shipping agent (China Ocean Shipping Agency) shall send to the Seller notice indicating the name of vessel, estimated date of loading and contract number for the Seller to arrange shipment 10 (ten) days before the estimated date of arrival of the vessel at the loading port. The Seller is requested to get in close contract with the shipping agent. When it becomes necessary to change the carrying vessel or to advance or delay the arrival date, the Buyer or the shipping agent shall advise the Seller in time. Should the vessel fail to arrive at the loading port within 30 (thirty) days after the arrival date advised by the Buyer, the Buyer shall bear the storage and insurance expenses incurred from the 30 day thereafter. 3)买方船运代理(中国外轮代理公司)预计船抵达装运港10天之前,将船名、预计装货日期、合同号等通知卖方,以便卖方安排装运。要求卖方与船运代理保持密切联系。当需要更换承运船只及船只提前、推迟抵达时,买方或其船运代理应及时通知卖方。如船在买方通知日后30天内未能到达,则第30天后仓储费和保险费用由买方承担。 d. The Seller shall be liable for any dead freight or demurrage, should it happen that they have failed to have the commodity ready for loading after the carrying vessel has arrived at the port of shipment on time. 4)如承运船如期抵达装运港,卖方因备货未妥而影响装船,则空舱费和滞期费均由卖方承担。 e. The Seller shall bear all expenses and risks before the commodity passes over the vessel‘s rail and is released from the tackle. After it has passed over the vessel’s rail and is released from the tackle, all expenses and risks shall be in Buyer‘s account. 5)货物超过船舷并从吊钩卸下前,一切费用和风险由卖方承担;货物超过船舷并从吊钩卸下,一切费用和风险由买方承担。 (2) In case of CFR terms (2)成本加运费价条款(CFR条款) a. The Seller shall ship the goods within the shipment time from the loading port to the port of destination. Transshipment is not allowed. 1) 在装运期内,卖方负责将货物从装运港装运至目的港。不得转船。 b. In case the goods are to be dispatched by air freight, the Seller shall, 30 (thirty) days before the time of delivery as stipulated in Clause 5, inform the Buyer by cable or letter of the estimated date of delivery, contract number, name of commodity, and invoiced value. The Seller shall, immediately after dispatch of the goods, advise the Buyer by cable or letter of the contract number, name of commodity, invoiced value and date of dispatch for the Buyer to arrange the insurance in time. 2) 货物空运时,卖方于本合同第5条规定的交货日期前30天,以电报或信件把预计交货期合同号、品名、发票金额等通知买方。发货后,卖方立即以电报或信件将合同号、品名、发票金额、发货日期通知买方,以便买方及时投保。 12. Shipping advice 12、装运通知 The Seller shall, immediately on the completion of the loading of the goods, advise the Buyer by cable or letter of the contract number, name of commodity, quantity, invoiced value, gross weight, name of vessel and date of sailing. In case the Buyer fails to arrange insurance in time due to the Seller‘s not having cabled in time, all losses shall be borne by the Seller. 货物一俟全部装船,卖方应即将合同号、吕名、数量、发票金额、毛重、船名及启航日期用电报或信件通知买方。如因卖方未能及时通知致使买方不能及时投保,卖方则承担全部损失。 13. Guarantee of quality 13、质量保证 The Seller guarantees that the commodity hereof is made of the best materials with first class workmanship, brand new, unused, and complies with the quality and specifications stipulated in this contract. The guarantee period shall be 12 (twelve) months staring from the date on which the commodity arrives at the port of destination. 卖方保证:所供货物由最好的材料及精湛工艺制成,商标为新的和未经使用的,其质量和规格符合本合同所做的说明。自货物到达目的港起12个月为质量保证期。 14. Claims 14、索赔 Except those claims for which the insurance company or the owners of the vessel are liable, should the quality, specifications or quantity be found not in conformity with the stipulations of the contract, within 90 (ninety) days after the arrival of the goods at destination, the Buyer can use the Inspection Certificate issued by China National Import and Export Commodities Inspection Corporation to claim for replacement as compensation. All the expenses incurred (such as inspection charges, freight charges for returning and sending of replacement, insurance premium, storage, loading and unloading charges) shall be borne by the Seller. 自货物到达目的港起90天内,如发现货物质量、规格、数量与合同规定不符,除那些应由保险公司或由船方承担的部分外,买方可凭中国进出口商品检验总公司出具的商检证书,有权要求更换或索赔。 In regard to quality, the Seller shall guarantee that if, within 12 (twelve) from the date of arrival of the goods at destination, damages occur in the course of operation by reason of inferior quality of material or bad workmanship, the Buyer shall immediately notify the Seller in writing and put forward a certificate issued by the CCIC. The certificate so issued shall be accepted as the base of the claim. The Seller, in accordance with the Buyer‘s claim, shall be responsible for the immediate elimination of the defects, complete or partial replacement of the commodity, or devaluate the commodity according to the state of defects. Where necessary, the Buyer may eliminate the defects themselves at the Seller’s expenses. If the Seller fails to reply within on month after receipt of the aforesaid claim, the claim shall be reckoned as having been accepted by the Seller. 卖方保证,货物到达目的港12个 月内,如果使用过程中由于材料质量低劣和工艺不佳而出现的损坏,买方立即以书面形式通知卖方并出具中国进出口商品检验总公司开列的检验证书,提出索赔。商 检证书为索赔的依据。按买方索赔要求,卖方有责任立即排除货物的缺陷、全部或部分更换或根据缺陷情况将货物作降价处理。 15. Force Majeure 15、不可抗力 The Seller shall not be held responsible for delay in 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. The Seller shall advise the Buyer of the occurrence mentioned above within 15 (fifteen) days and send by airmail a certificate of the incident issued by the local government to the Buyer. Even in such cases, the Seller is still liable to take all possible measures to expedite the delivery of goods. 在货物制造和装运过程中,由于发生不可抗力事故致使延期交货或不能交货,卖方概不负责。卖方在不可抗力事件发生后,应立即通知买方并在事发14天内,将事故发生所在地当局签发的证书航空邮寄给买方以作证据。即使在此情况下,卖方仍有责任采取必要的措施,尽快交货。 Should the Seller fails to perform the contracted obligations 10 (ten) weeks after the aforesaid incident, the Buyer shall have the right to treat the contract as null and void. 不可抗力事故发生后超过10个星期而合同尚未履行完毕,买方有权撤销合同。 16. Late delivery and penalty 16、合同延期和罚款 Should the Seller fail to make delivery within the contracted period for reasons other than Force Majeure specified in Clause 15 hereof, the Buyer may accept the postponement on condition that the Seller agrees to pay a penalty which shall be deducted by the paying bank from the agreed amount of payment. The penalty, however, shall not exceed 5% (five percent) of the total value of the goods involved in the late delivery. The rate of penalty is charged at 0.55(zero point five percent) for every seven days, odd days less than seven days should be counted as seven days. In case the Seller fails to make delivery ten weeks later than the shipment stipulated in the contract, the Buyer shall have the right to cancel the contract. The Seller, in spite of the cancellation, shall still pay the aforesaid penalty to the Buyer without delay. 除本合同第15条所述不可抗力原因外,卖方如不能按合同规定如期交货,并同意支付罚金,买方可同意延期交货,付款银行相应减少议定的支付金额,但罚款不得超过迟交货物总额的5%。卖方如逾期10个星期仍不能交货,买方有权撤销本合同。尽管合同已撤销,但卖方仍应如期支付上述罚金。 17. Arbitration 17、仲裁 All deputes in connection with this contract or the execution thereof shall be settled through friendly consultations. Should no settlement be reached, the case may then be submitted for arbitration to the Foreign Economic and Trade Arbitration Commission of the CCPIT in accordance with the rules and procedures of the said Arbitration Commission. The arbitration shall take place in 15 (fifteen) days. The decision of the Arbitration Commission shall be final and binding on both Parties. The arbitration fee shall be borne by the losing Party. The arbitration may also be settled in a third country mutually agreed upon by both Parties. 凡与本合同有关或因执行本合同而发生的一切纠纷,应通过友好协商解决,如果协商不能解决,则可提交中国国际贸易促进委员会对外经济贸易仲裁委员会并根据该会仲裁法则和程序进行仲裁。仲裁将在15天内进行,仲裁裁决为最终裁决,对双方都有约束力。仲裁费用由败诉方承担。仲裁也可在双方都能接受的第三国进行。 18. Special provisions 18、附加条款 In witness thereof, this contract is signed by both Parties in two original copies; each Party shall keep one copy. 本合同一式两份,双方签字划押,各执一份,特此证明。 The Buyer: Zhonghua International Technology Corporation 买方:中华国际技术开发公司 The Seller: Field Emission Corp. 卖方:菲尔德·埃米森公司 英文合同模板集锦 篇13编号: no: 日期: date : 签约地点: signed at: 卖方:sellers: 地址:address: 邮政编码:postal code: 电话:tel:传真:fax: 买方:buyers: 地址:address: 邮政编码:postal code: 电话:tel:传真:fax: 买卖双方同意按下列条款由卖方出售,买方购进下列货物: the sellers agrees to sell and the buyer agrees to buy the undermentioned goods on the terms and conditions stated below: 1 货号article no. 2 品名及规格description&specification 3 数量 quantity 4 单价unit price 5 总值: 数量及总值均有_____%增减,由卖方决定。 total amount with _____% more or less both in amount and quantity allowed at the sellers option. 6 生产国和制造厂家country of origin and manufacturer 7 包装:packing: 8 唛头:shipping marks: 9 装运期限:time of shipment: 10 装运口岸:port of loading: 11 目思的口岸:port of destination: 12 保险:由卖方按发票全额110%投保至_____为止_____险。 insurance:to be effected by buyers for 110% of full invoice value covering _____ up to _____ only. 13 付款条件: 买方须于_____年_____月_____日将保兑,不可撤销,可转让可分割即期信用证开到卖方。 信用证议付有效期延至上列装运期后15天在中国到期,该信用证中必须注明允许分运及转运。 payment: by confirmed, irrevocable, transferable and divisible l/c to be available by sight draft to reach the sellers before ___/___/_____ and to remainvalid for ingotiation in china until 15 days after the aforesaid time of shipment. tje l/c must specify that transhipmeent and partial shipments are allowed. 14 单据:documents: 15 装运条件:terms of shipment: 16 品质与数量、重量异义与索赔:quality/quantity discrepancy and claim: 英文合同模板集锦 篇14篇一:外籍员工雇佣合同--中英文 编号(No.) 雇佣合同 Employment Contract 甲方:北京深白色文化传播有限公司 Party A:乙方Party B: 签订日期Date:: 甲方:北京深白色文化传播有限公司 Party A:地址:北京市西城区广安门南街80号中加大厦 Address: 乙方Party B: 性别Gender:___ 国籍Nationality: 护照号码Passport No.:_____________________ 在京居住地址Address (Beijing): 联系方式Contact:______________________________________ 其他紧急联络人Contact person in case of emergency: 甲、乙双方遵循合法公平、平等自愿、协商一致、诚实信用的原则,签订本合同,并承诺共同遵守。 Party A and Party B agree to sign this contract and pledge to fulfill all the obligations stipulated hereinafter, in line with the principles of legality, justice, equality, voluntariness and mutual agreement. 一、 雇佣期限 ⅠEmployment term 雇佣期限为1年,自20xx年7月1日起至20xx年6月30日止,其中试用期为1月,自20xx年7月1日起至20xx年8月1日止。 The employment term is1 year, lasting from 1stJul 20xx to 30th Jun 20xx. The probation period is one month, lasting from 1stJul 20xx to 1stAug 20xx. 二、 雇佣内容及工作时间 ⅡContent and working hours 2.1 甲方根据工作需要,安排乙方完成以下内容的工作任务: Party A gives Party B the following work assignments according to its operating requirements: 工作内容Job responsibilities:厨师Chef 工作地点Place:北京Beijing 2.2 工作时间:乙方每日工作时间不超过9小时,平均每周工作不超过40小时,每周休息日为周日。甲方安排乙方延长工作时间,应安排乙方同等时间补休或依法支付加班酬劳。 Party B works no more than 9 hours per day, no more than 54 hours per week; The Sunday is set as the official weekly rest days. Party A may extend Party’s B’s working hours on the basis of mutual agreement, and party B shall get corresponding deferred holidays or paid for the extended work hours in accordance with relevant laws and regulations. 三、 报酬及其他福利 ⅢRemuneration and other welfare benefits 3.1 乙方的报酬为税前6500元/月,大写: 陆仟伍佰元 乙方在试用期期间的报酬为税前5000元/月,大写 :伍仟元 Party B’s salary is RMB 6500 Yuan(Six Thousand Five Hundred Yuan) per month, in the probationary period,The salary is RMB 5000(FiveThousand Yuan). 试用期过后,甲方将每月利润的2%作为分红支付给乙方,直到乙方离职。 After the probation,Party A shall pay 2% of profit to Party B as bonus in every mouth until Party B untilParty B is no longer work in Party A. 试用期过后,甲方为乙方提供住房补助¥500.00元/月(伍佰元人民币每月) After the probation, Party A shall provide Party B with a monthly housing allowance of RMB500.00. 甲方将每天给予乙方20元人民币,作为鉴证费补助。 Party A shall pay Party B RMB 20 every day for Visa fee. 3.2 甲方应于每月8号以货币或转帐形式足额支付乙方上述报酬。如遇节假日或休息日,应提前到最近的工作日支付,如因特殊原因延期支付报酬的.,甲方应在五个工作日内向乙方说明原因。 Party A shall pay salary to Party B before the 8th day of every month in the form of cash or bank-transfer. If the 8th day of the month falls in the weekend or holiday, the payment shall be brought forward to the nearest weekday. Party A shall inform Party B and explain the detailed reason within 5 work days in case Party A fails to pay the salary due to special reasons. 3.3 甲方可根据生产经营的状况或乙方任务量和工作表现,适时调整乙方的报酬。 Party A can adjust Party B’s salary according to its operating conditions, Party B’s workload and performance. 3.4 当乙方的工作任务发生变化时,甲方可按规定调整其相应的报酬。乙方接受新的工作任务后,即视作接受甲方按照该工作任务重新确定的报酬。 Party B’s labor remuneration will be adjusted in case Party A adjusts Party B’s job responsibilities. Accepting thenew position is regarded as accepting the adjusted salary. 3.5 乙方应遵守国家及地方的税法制度,自行缴纳其个人收入的个人所得税,甲方无义务为其代缴。 Party B shall pay personal income tax voluntarily according to the state’s tax law. Party A doesn’t shoulder the responsibility to withhold and remit taxes for Party B. 3.6若病假连续超过三天,公司支付三天基本工资的一半。超过三天的部分则按现行照法定病金支付。若病假持续,符合社会保障部法定病金的相关规定,则从病假的第一天起,公司只支付法定病金,所有的病假都应有医学证明。 Party B sick leave exceeds three days in one continuous period the Employer will pay at half your basic rate the first three days. Thereafter pay will be at the current rate of Statutory Sick Pay. Where periods of incapacity are linked, as laid down in DSS Statutory Sick Pay regulations, you will only receive Statutory Sick Pay at the current rate from the first day of incapacity.All leave due to sickness must be supported by a bona fide medical certificate. 四、 雇佣合同的解除和终止 ⅣContract Cancellation and Termination 4.1 合同期满双方不再续签或者双方约定的合同终止条件出现时,雇佣合同即终止。 This contract shall be terminated once it expires and both parties do not extend the contract. 4.2 经合同双方当事人协商一致,本合同可以解除。 The contract may be canceled based on both parties’ mutual negotiation. 4.3 乙方应遵守中国的法律、法规及有关规定,乙方如违反上述规定,甲方有权即时解除合同;乙方因健康原因,经医生证明连续病休15工作日后仍不能继续工作,甲方有权提前终止合同。 Party B should abide by China laws, decrees and related regulations and Party A’s working systems. During the duration, Party A is entitled to cancel the contract in case Party B violates China laws and decrees, and terminate the contract before expiration in case Party B cannotresume his or her work for health reasons after the medical certification of continuous sick rest for 15 working days. 4.4 乙方因归国或其他私人原因未正常出勤且超过十天且未向甲方做出书面说明的,本合同自动终止。 The contract will automatically terminate in case Party B is absent for over 10 days without written explanation due to homecoming or other private reasons. 4.5 乙方被证明无法完成本合同项下的工作任务,甲方有权随时解除本合同。 In case Party B is proved to be not competent for the work under the contract, Party A is entitled to cancel the contract at any time. 4.6 乙方应严格遵守甲方的工作规定以及规章制度,尽职尽责,否则,甲方有权随时解除合同并追究因此而造成的经济损失,并有权对所造成的经济损失在乙方的报酬中作相应扣除。 Party B should abide by Party A’s working systems, rules and regulations. Otherwise, Party A is entitled to cancel the contract and claim a corresponding compensation of any economic loss from Party B’s payment. 4.7 乙方有权提前30 日以书面形式通知甲方解除本合同,在试用期内提前3日通知甲方即可解除。 Party B should inform Party A in written form 30 days in advance for canceling the contract, and 3 days in advance during the probation period. 五、其他事项 Ⅴ Others 5.1 其他未尽事宜,双方可参照甲方公司内部的相关规章制度执行。 Other items not stipulated by the two parties can be implemented according to the internal rules and regulations of Party A. 5.2 甲乙双方均应遵守本合同之约定,任何一方违约,非违约方均有权要求违约方承担相应的损失。 The two parties should abide by the contract. In case one party tears up the contract, the other party has the right to require the defaulting party to undertake corresponding loss. 5.3 甲乙双方在本合同的执行中如有争议,可协商解决。 For disputes during the execution of the contract, the two parties can settle them through negotiations. 5.4 本合同分为中英两种文本,每种文本具有相同的法律效力;如两种文本产生冲突,则中文文本为作准文本。 The contract has two versions in Chinese and in English. The twocopies are equally authentic. In case any dispute happens, the Chinese version shall prevail. 5.5 本合同一式两份,甲、乙双方各执一份,每份具有同等法律效力。本合同经甲、乙双方签字盖章后生效。 The contract is in duplicate, held by Party A and Party B respectively. The twocopies are equally authentic. The contract comes into effect upon signatures or seals of both parties. 甲方:(北京)有限公司乙方(签字): Party A: Technical Consulting Party B (Signature): (Beijing) Co., Ltd. 授权代表: Authorized Representative: 签订日期Date:签订日期Date: 篇二:外籍员工雇佣合同--中英文10.10.25 编号(No.) 雇佣合同 Employment Contract 甲 方:(北京)有限公司 Party A: 乙 方Party B: 签订日期Date:: 甲方:(北京)有限公司 Party A: 地址:北京市朝阳区 Address: 乙方Party B: 性别Gender:___ 国籍Nationality: 护照号码Passport No.:_____________________ 在京居住地址Address (Beijing): 联系方式Contact:_________________________ _________ ____ 其他紧急联络人Contact person in case of emergency: 甲、乙双方遵循合法公平、平等自愿、协商一致、诚实信用的原则,签订本合同,并承诺共同遵守。 Party A and Party B agree to sign this contract and pledge to fulfill all the obligations stipulated hereinafter, in line with the principles of legality, justice, equality, voluntariness and mutual agreement. 一、 雇佣期限 Ⅰ Employment term 雇佣期限为___ __年,自______年__ _月__ _日起至______年__ _月__日止,其中试用期为_____ 个月,自______年__ _月___日起至______年___月__ 日止。 The employment term is ________year(s), lasting from _______________ to ___________. The probation period is __________month(s), lasting from ___________ to ______________. 二、 雇佣内容及工作时间 Ⅱ Content and working hours 2.1 甲方根据工作需要,安排乙方完成以下内容的工作任务: Party A gives Party B the following work assignments according to its operating requirements: 工作内容Job responsibilities: 工作地点Place:北京 Beijing 2.2 工作时间:乙方每日工作时间不超过8小时,平均每周工作不超过40小时,每周休息日为周六、日。甲方安排乙方延长工作时间,应安排乙方同等时间补休或依法支付加班酬劳。 Party B works no more than 8 hours per day, no more than 40 hours per week, and Saturday and Sunday are set as the official weekly rest days. Party A may extend Party’s B’s working hours on the basis of mutual agreement, and party B shall get corresponding deferred holidays or paid for the extended work hours in accordance with relevant laws and regulations. 三、 报酬及其他福利 Ⅲ Remuneration and other welfare benefits 3.1 乙方的报酬为税前__________ 元/月 ,大写: 乙方在试用期期间的报酬为税前_____ ____元/月,大写: Party B’s salary is RMB _per month in the probationary period and RMB after the probationary period. 试用期过后,甲方为乙方提供住房补助¥5000.00元/月(伍千元人民币每月),甲方凭乙方出具的租房发票报销,报销时间在每月的8号。如遇节假日或休息日,应提前到最近的工作日支付,如因特殊原因延期支付报酬的,甲方应在五个工作日内向乙方说明原因。 After the probation, Party A shall provide Party B with a monthly housing allowance of RMB5,000.00. Party A shall provide the invoice of rent payment for reimbursement. The monthly date for reimbursement is on the 8th day of each month. If the 8th day of the month falls in the weekend or holiday, the payment shall be brought forward to the nearest weekday. Party A shall inform Party B and explain the detailed reason within 5 work days in case Party A fails to pay the salary due to special reasons. 3.2 甲方应于每月8号以货币或转帐形式足额支付乙方上述报酬。如遇节假日或休息日,应提前到最近的工作日支付,如因特殊原因延期支付报酬的,甲方应在五个工作日内向乙方说明原因。 Party A shall pay salary to Party B before the 8 day of every month in the form of cash or bank-transfer. If the 8th day of the month falls in the weekend or holiday, the payment shall be brought forward to the nearest weekday. Party A shall inform Party B and explain the detailed reason within 5 work days in case Party A fails to pay the salary due to special reasons. 3.3 甲方可根据生产经营的状况或乙方任务量和工作表现,适时调整乙方的报酬。 Party A can adjust Party B’s salary according to its operating conditions, Party B’s workload and performance. 3.4 当乙方的工作任务发生变化时,甲方可按规定调整其相应的报酬。乙方接受新的工作任务后,即视作接受甲方按照该工作任务重新确定的报酬。 Party B’s labor remuneration will be adjusted in case Party A adjusts Party B’s job responsibilities. Accepting the new position is regarded as accepting the adjusted salary. th 3.5 乙方应遵守国家及地方的税法制度,自行缴纳其个人收入的个人所得税,甲方无义务为其代缴。 Party B shall pay personal income tax voluntarily according to the state’s tax law. Party A doesn’t shoulder the responsibility to withhold and remit taxes for Party B. 3.6 乙方在合同期内享受中国法律规定的节日,公休假日,另外公司每年为其提供5天的带薪休假。 Party B is entitled with all legal holidays in accordance with the state’s regulations, In addition, Party B enjoys a paid leave of 5 days each year. 四、 雇佣合同的解除和终止 Ⅳ Contract Cancellation and Termination 4.1 合同期满双方不再续签或者双方约定的合同终止条件出现时,雇佣合同即终止。 This contract shall be terminated once it expires and both parties do not extend the contract. 4.2 经合同双方当事人协商一致,本合同可以解除。 The contract may be canceled based on both parties’ mutual negotiation. 4.3 乙方应遵守中国的法律、法规及有关规定,乙方如违反上述规定,甲方有权即时解除合同;乙方因健康原因,经医生证明连续病休15工作日后仍不能继续工作,甲方有权提前终止合同。 Party B should abide by China laws, decrees and related regulations and Party A’s working systems. During the duration, Party A is entitled to cancel the contract in case Party B violates China laws and decrees, and terminate the contract before expiration in case Party B cannot resume his or her work for health reasons after the medical certification of continuous sick rest for 15 working days. 4.4 乙方因归国或其他私人原因未正常出勤且超过十天且未向甲方做出书面说明的,本合同自动终止。 The contract will automatically terminate in case Party B is absent for over 10 days without written explanation due to homecoming or other private reasons. 4.5 乙方被证明无法完成本合同项下的工作任务,甲方有权随时解除本合同。 In case Party B is proved to be not competent for the work under the contract, Party A is entitled to cancel the contract at any time. 4.6 乙方应严格遵守甲方的工作规定以及规章制度,尽职尽责,否则,甲方有权随时解除合同并追究因此而造成的经济损失,并有权对所造成的经济损失在乙方的报酬中作相应扣除。 Party B should abide by Party A’s working systems, rules and regulations. Otherwise, Party A is entitled to cancel the contract and claim a corresponding compensation of any economic loss from Party B’s payment. 4.7 乙方有权提前30 日以书面形式通知甲方解除本合同,在试用期内提前3日通知甲方即可解除。 Party B should inform Party A in written form 30 days in advance for canceling the contract, and 3 days in advance during the probation period. 五、其他事项 Ⅴ Others 5.1 其他未尽事宜,双方可参照甲方公司内部的相关规章制度执行。 Other items not stipulated by the two parties can be implemented according to the internal rules and regulations of Party A. 5.2 甲乙双方均应遵守本合同之约定,任何一方违约,非违约方均有权要求违约方承担相应的损失。 The two parties should abide by the contract. In case one party tears up the contract, the other party has the right to require the defaulting party to undertake corresponding loss. 5.3 甲乙双方在本合同的执行中如有争议,可协商解决。 For disputes during the execution of the contract, the two parties can settle them through negotiations. 5.4 本合同分为中英两种文本,每种文本具有相同的法律效力;如两种文本产生冲突,则中文文本为作准文本。 The contract has two versions in Chinese and in English. The two copies are equally authentic. In case any dispute happens, the Chinese version shall prevail. 5.5 本合同一式两份,甲、乙双方各执一份,每份具有同等法律效力。本合同经甲、乙双方签字盖章后生效。 The contract is in duplicate, held by Party A and Party B respectively. The two copies are equally authentic. The contract comes into effect upon signatures or seals of both parties. 甲方:(北京)有限公司 乙方(签字): Party A: Technical Consulting Party B (Signature): (Beijing) Co., Ltd. 授权代表: Authorized Representative: 签订日期Date: 签订日期Date: 篇三:专业--外籍员工雇佣合同--中英文 编号(No.) 雇佣合同 Employment Contract 甲 方:*有限公司 Party A:乙 方Party B: 签订日期Date:: 甲方:(有限公司 Party A:地址: Address: 乙方Party B: 性别Gender:___ 国籍Nationality: 护照号码Passport No.:_____________________ 在京居住地址Address (Beijing): 联系方式Contact:_________________________ _____________ 其他紧急联络人Contact person in case of emergency: 甲、乙双方遵循合法公平、平等自愿、协商一致、诚实信用的原则,签订本合同,并承诺共同遵守。 Party A and Party B agree to sign this contract and pledge to fulfill all the obligations stipulated hereinafter, in line with the principles of legality, justice, equality, voluntariness and mutual agreement. 一、 雇佣期限 Ⅰ Employment term 雇佣期限为_____年,自______年___月___日起至______年___月__日止,其中试用期为_____个月,自______年月日起至______年月 The employment term is ________year(s), lasting from _______________ to ___________. The probation period is __________month(s), lasting from ___________ to ______________. 二、 雇佣内容及工作时间 Ⅱ Content and working hours 2.1 甲方根据工作需要,安排乙方完成以下内容的工作任务: Party A gives Party B the following work assignments according to its operating requirements: 工作内容Job responsibilities: 工作地点Place: 北京 Beijing 2.2 工作时间:乙方每日工作时间不超过8小时,平均每周工作不超过40小时,每周休息日为周六、日。甲方安排乙方延长工作时间,应安排乙方同等时间补休或依法支付加班酬劳。 Party B works no more than 8 hours per day, no more than 40 hours per week, and Saturday andSunday are set as the official weekly rest days. Party A may extend Party’s B’s working hours on the basis of mutual agreement, and party B shall get corresponding deferred holidays or paid for the extended work hours in accordance with relevant laws and regulations. 三、 报酬及其他福利 Ⅲ Remuneration and other welfare benefits 3.1 乙方的报酬为税前__________ 元/月 ,大写: 乙方在试用期期间的报酬为税前_________元/月,大写: Party B’s salary is RMB _per month in the probationary period and RMB after the probationary period. 试用期过后,甲方为乙方提供住房补助¥5000.00元/月(伍千元人民币每月),甲方凭乙方出具的租房发票报销,报销时间在每月的8号。如遇节假日或休息日,应提前到最近的工作日支付,如因特殊原因延期支付报酬的,甲方应在五个工作日内向乙方说明原因。 After the probation, Party A shall provide Party B with a monthly housing allowance of RMB5,000.00. Party A shall provide the invoice of rent payment for reimbursement. The monthly date for reimbursement is on the 8th day of each month. If the 8th day of the month falls in the weekend or holiday, the payment shall be brought forward to the nearest weekday. Party A shall inform Party B and explain the detailed reason within 5 work days in case Party A fails to pay the salary due to special reasons. 3.2 甲方应于每月8号以货币或转帐形式足额支付乙方上述报酬。如遇节假日或休息日,应提前到最近的工作日支付,如因特殊原因延期支付报酬的,甲方应在五个工作日内向乙方说明原因。 Party A shall pay salary to Party B before the 8th day of every month in the form of cash or bank-transfer. If the 8th day of the month falls in the weekend or holiday, the payment shall be brought forward to the nearest weekday. Party A shall inform Party B and explain the detailed reason within 5 work days in case Party A fails to pay the salary due to special reasons. 3.3 甲方可根据生产经营的状况或乙方任务量和工作表现,适时调整乙方的报酬。 Party A can adjust Party B’s salary according to its operating conditions, Party B’s workload and performance. 3.4 当乙方的工作任务发生变化时,甲方可按规定调整其相应的报酬。乙方接受新的工作任务后,即视作接受甲方按照该工作任务重新确定的报酬。 Party B’s labor remuneration will be adjusted in case Party A adjusts Party B’s job responsibilities. Accepting thenew position is regarded as accepting the adjusted salary. 3.5 乙方应遵守国家及地方的税法制度,自行缴纳其个人收入的个人所得税,甲方无义务为其代缴。 Party B shall pay personal income tax voluntarily according to the state’s tax law. Party A doesn’t shoulder the responsibility to withhold and remit taxes for Party B. 3.6 乙方在合同期内享受中国法律规定的节日,公休假日,另外公司每年为其提供5天的带薪休假。 Party B is entitled with all legal holidays in accordance with the state’s regulations, In addition, Party B enjoys a paid leave of 5 days each year. 四、 雇佣合同的解除和终止 Ⅳ Contract Cancellation and Termination 4.1 合同期满双方不再续签或者双方约定的合同终止条件出现时,雇佣合同即终止。 This contract shall be terminated once it expires and both parties do not extend the contract. 4.2 经合同双方当事人协商一致,本合同可以解除。 The contract may be canceled based on both parties’ mutual negotiation. 4.3 乙方应遵守中国的法律、法规及有关规定,乙方如违反上述规定,甲方有权即时解除合同;乙方因健康原因,经医生证明连续病休15工作日后仍不能继续工作,甲方有权提前终止合同。 Party B should abide by China laws, decrees and related regulations and Party A’s working systems. During the duration, Party A is entitled to cancel the contract in case Party B violates China laws and decrees, and terminate the contract before expiration in case Party B cannotresume his or her work for health reasons after the medical certification of continuous sick rest for 15 working days. 4.4 乙方因归国或其他私人原因未正常出勤且超过十天且未向甲方做出书面说明的,本合同自动终止。 The contract will automatically terminate in case Party B is absent for over 10 days without written explanation due to homecoming or other private reasons. 4.5 乙方被证明无法完成本合同项下的工作任务,甲方有权随时解除本合同。 In case Party B is proved to be not competent for the work under the contract, Party A is entitled to cancel the contract at any time. 4.6 乙方应严格遵守甲方的工作规定以及规章制度,尽职尽责,否则,甲方有权随时解除合同并追究因此而造成的经济损失,并有权对所造成的经济损失在乙方的报酬中作相应扣除。 Party B should abide by Party A’s working systems, rules and regulations. Otherwise, Party A is entitled to cancel the contract and claim a corresponding compensation of any economic loss from Party B’s payment. 4.7 乙方有权提前30 日以书面形式通知甲方解除本合同,在试用期内提前3日通知甲方即可解除。 Party B should inform Party A in written form 30 days in advance for canceling the contract, and 3 days in advance during the probation period. 五、其他事项 Ⅴ Others 5.1 其他未尽事宜,双方可参照甲方公司内部的相关规章制度执行。 Other items not stipulated by the two parties can be implemented according to the internal rules and regulations of Party A. 5.2 甲乙双方均应遵守本合同之约定,任何一方违约,非违约方均有权要求违约方承担相应的损失。 The two parties should abide by the contract. In case one party tears up the contract, the other party has the right to require the defaulting party to undertake corresponding loss. 5.3 甲乙双方在本合同的执行中如有争议,可协商解决。 For disputes during the execution of the contract, the two parties can settle them through negotiations. 5.4 本合同分为中英两种文本,每种文本具有相同的法律效力;如两种文本产生冲突,则中文文本为作准文本。 The contract has two versions in Chinese and in English. The twocopies are equally authentic. In case any dispute happens, the Chinese version shall prevail. 5.5 本合同一式两份,甲、乙双方各执一份,每份具有同等法律效力。本合同经甲、乙双方签字盖章后生效。 The contract is in duplicate, held by Party A and Party B respectively. The twocopies are equally authentic. The contract comes into effect upon signatures or seals of both parties. 甲方:(北京)有限公司乙方(签字): Party A: Technical Consulting Party B (Signature): (Beijing) Co., Ltd. 授权代表: Authorized Representative: 英文合同模板集锦 篇15FIB PURCHASE CONTRACT 买方: The Buyer: Co.,ltd 地址: Add: Tel: Fax: The Seller: Add: TEL: Fax: 1. 本合同由买卖双方订立,根据本合同规定的条款,买方同意购买,卖方同意出售下述商品: This Contract is made by and between the Buyer and the Seller where by the Buyer agrees to buy and the Seller agrees to sell the under-mentioned commodity according to the terms and conditions stipulated below: CIF terms as per Incoterms 20xx CIF条款按《20xx年国际贸易术语解释通则》规定 2. 制造国别和厂商 COUNTRY OF ORIGIN AND MANUFACTURERS: 3. 运输方式:MEANS OF TRANSPORTATION 空运运输至成都 The shipment shall be made by air in container to CHENGDU port 4. 交货期限TERM OF DELIVERY: 签订合同后4至6周内交货.Allow 4-6 weeks for delivery after contract signed. 5. 出运口岸 PORT OF SHIPMENT: Antwerp 安特卫普 6. 包装:PACKING: 包装为牢固的新木箱,适合长途运输,防湿、防锈、耐搬运。由于包装不良所发生的损失,由于采用不充分或不妥善的防护措施而造成的任何锈损,卖方应负担由此而产生的一切费用. 木质包装须经热处理并附有IPPC 标志。 To be adequately packed in new strong wooden cases suitable for long distance transportation and well protected against dampness, rust and rough handling. The Seller shall be liable for any damage to the goods on account of improper packing and for any rust damage attributable to inadequate or improper protective measures taken by the Seller, and in such case or cases any and all expenses incurred in consequence there of shall be borne by the Seller. The wooden packages must be heat treated and bear “IPPC” sign on the surface. 7. 运输标志: SHIPPING MARK: 卖方应在每件包装上用不退色油墨标刷: 箱号,外形尺寸,毛重以及“切勿受潮”等英文字样,并注有下列运输标志: The Seller shall mark on each package with fadeless paint the package number, gross weight, measurement and the wordings: "KEEP AWAY FROM MOISTURE" etc. and the shipping mark: 8.付款条件 TERMS OF PAYMENT: 电汇付款:在发货前收到卖方提供的发货通知、发票、装箱单扫描件,通过电汇的方式支付合同金额的100% () By T/T: 100% of the contract value(EUR)will be paid by T/T before shipment when the buyer get the copys of delivery note、invoice and packing list. 9.发货时,卖方应将以下清关单据与货物一起装运,运交买方.One complete documents of customs clearance shall be packedand delivered together with consignment (1) 运输单据,一份正本两份副本。运输单据上要注有“运费已付”、合同号和唛头。 Transport Document in one original and two copies marked "Freight Prepaid", contract number and shipping marks. (2) 商业发票。3份手签原件,并显示合同号、信用证号和唛头。 合同号 Contract No: 日期 Date: Manually signed commercial invoice in 3 originals indicating the Contract number, L/C number, shipping marks. (3) 保险单或保险证明书2份,注明投保一切险。Insurance policy or certificate in 2copies, covering all risks. (4) 由制造商签发的装箱单一份原件两份复印件。Packing list issued by the Manufacturer in 1 original and 2 copies. (5) 由制造商签发的质量证明书一份原件一份复印件。Certificate of Quality issued by the Manufacturer in 1 original and 1 copy. (6) 由制造商签发的数量证明书一份原件一份复印件。Certificate of Quantity issued by the Manufacturer in 1 original and 1 copy. (7) 在货物装运后,由卖方通知买方装运内容的传真复印件一份。A copy of fax to the Buyer advising particulars of shipment immediately after shipment is made. (8) 制造商签发的原产地证明一份Certificate of Country of Origin issued by manufacturer in one original. (9) 由制造商出具的木质包装已经热处理并带有IPPC标识的证明原件一份。 Manufacturer’s statement wood meets and is stamped with IPPC mark. in one original. 10. 技术资料:TECHNICAL DOCUMENTS: 发货时,卖方应将英文技术资料一整套与货物一起装运,运交买方. One complete set of the technical documents written in English shall be packed and delivered together with consignment. 11.装运通知:SHIPPING ADVICE: 货物全部装仓后, 卖方应立即将合同编号、商品名称、数量、毛重、发票金额、快递公司名称及快递单号通知买方。 Immediately the goods are completely loaded, the Seller shall cable to notify the Buyers of the Contract number, name of commodity, quantity, gross weight, invoiced value, name of the express company and the number of the express. 12. 交货延迟: DELAY DELIVERY: 如果出现延迟交货,卖方应按照每延迟一天支付合同金额的1‰的标准向买方支付罚金。但此罚金不得超过迟交货物总价的 5% ;如果该延迟达到三十天,并且买方未给予宽限期限,则买方有权利撤销该合同,卖方需支付合同金额的3%作为罚 金,并在三个工作日内全额退款。 In case that a delay of goods delivery occurs, Seller shall pay 1‰ of the contract price of delayed equipment as penalty for every single day’s delay. The penalty, however, shall not exceed 5% of the contract amount. If a delay delivery lasts more than 30 days (include 30 days) without the grace period Buyer may grant, Buyer shall have the right to cancel this Contract, The Seller shall pay a penalty of 3% of the contract amount and provide a fullrefund within 3 working days. 13. 质量保证和知识产权保证: GUARANTEE OF QUALITY & PATENT 卖方保证所订设备系用最好的材料和工艺制造,全新的未曾使用过的并完全符合本合同规定的质量规格要求。质量保证期 为验收日起的十二个月或货物运至目的地之日起的十五个月, 取短者。 The Seller guarantee that the commodity hereof is made of the best materials with first class workmanship, brand new, unused and complies in all respects with the quality and specifications stipulated in this Contract. The guarantee period shall be twelve (12) months counting from the date of final acceptance of the contracted equipment or fifteen (15) months counting from the date on which the commodity arrives at the place of destination, whichever occurs the sooner. 卖方应赔偿买方由于卖方销售的产品侵犯他人专利、外观设计、商标、著作权等知识产权而使买方遭受的各种损失(包括由此而产生的诉讼费用)。 The Seller shall compensate and hold the Buyer harmless from and against all claims, liabilities, damages, losses, costs and expenses (including legal fees) pertaining to infringement or alleged infringement of any patent, registered design, trade mark, service-mark, copyright or other intellectual property rights which arise from the goods supplied hereunder or any use or resale by the Buyer of such goods. 14. 检验和索赔 CLAIMS: 在货物到达目的港90天内,如发现质量、数量或规格不符合合同的条款,买方将有权根据中国商品检验局签发的检验证书向卖方索赔。 Within ninety (90) days after the arrival of the goods at the port of destination, should the quality, specification, or quantity of the contracted equipment be found not in conformity with the stipulations of the Contract, the Buyer shall on the strength of the Inspection Certificate issued by the China Commodity Inspection Bureau, have the right to claim against the Seller. 卖方将在第13条规定的质保期内保证质量,一旦出现货物无论任何原因引起的缺陷,包括专利和内在缺陷或使用不良的材质,买方将立即以书面形式通知卖方并以中国商品检验局签署的检验证书为准提出索赔。 The Seller shall guarantee that if within the guarantee period stipulated in Articles 13, defective occurred by any reason including patent and latent defects or the use of inferior materials, the Buyer shall immediately notify the Seller in writing and put forward a claim supported by Inspection Certificate issued by the China Commodity Inspection Bureau. 卖方收到买方索赔通知后,如果在三十天内不答复,应视为卖方同意买方提出的一切索赔。 Any and all claims shall be regarded as accepted if the Seller fails to reply within 30 days after receipt of the Buyer's claim. 15. 索赔解决办法: SETTLEMENT OF CLAIMS: 如货物不符合本合同规定应由卖方负责;同时如买方按照本合同第14条、第13条的规定在索赔期限或质量保证期内提出索赔,卖方在取得买方同意后,应按下列方式之一理赔: In case the Seller are liable for the discrepancies and a claim is made by the Buyers within the period of claim or quality guarantee period as stipulated in Articles 14 and Article 13 of this Contract, the Seller shall settle the claim upon the agreement of the Buyers in ONE OF the following ways: A.同意买方退货,并将退货金额以成交原币偿还买方,并负担因退货而发生的一切费用,包括运费,保险费,商检费,仓租,码头装卸费以及为保管退货而发生的一切其它必要费用。 a. Agree to the rejection of the goods and refund to the Buyers the value of the goods so rejected in the same currency as contracted herein, and to bear all expenses in connection therewith including freight, insurance premium, inspection charges, storage, stevedore charges and all other, necessary expenses required for the custody and protection of the rejected goods. B. 按照货物的疵劣程度,损坏的范围,将货物贬值。 b. Devaluate the goods according to the degree of inferiority, extent of damage C. 调换有瑕疵的货物.换货必须全新并符合本合同规定的规格、质量和性能.卖方并负担因此而产生的一切费用.对换货的质量,卖方仍应按本合同第13条规定的保证期保证。 c. Replace the defective goods with new ones which conform to the specifications, quality and performance as stipulated in this Contract. The Seller shall, at the same time, guarantee the quality of the replacement goods for a further period as specified in Article 13 of this Contract. 16. 不可抗力事故 FORCE MAJEURE: 由于不可抗力原因,如战争、火灾、水灾、台风、地震或未能取得政府许可等发生在货物制造或运输过程中,导致卖方交货迟延或不能交货时卖方不承担责任。但卖方应在事故后的十四天内通知买方,并将事故发生地政府主管机关出具的事故证明书用空邮寄交买方,并取得买方认可。在上述情况下卖方仍应采取一切必要措施尽快交货。如果该事故持续超过五周以上时买方将有权撤销本合同。 The Seller shall not be held responsible for the delay in shipment or non-delivery of the goods due to Force Majeure such as war, serious fire, flood, typhoon, earthquake or failure of obtaining government approval(s) which might occur during the process of manufacturing or in the course of loading or transit. The Seller shall advise the Buyer of the occurrence mentioned above and within fourteen (14) days thereafter, the Seller shall send by airmail to the Buyer for their acceptance a certificate of the accident issued by the Competent Government Authorities where 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 five (5) weeks, the Buyer shall have the right to cancel the Contract. 17. 仲裁 ARBITRATION: 凡因执行本合同所发生的或与本合同有关的一切争议,应由双方通过友好协商予以解决。如果协商不能解决,应提交中国国际经济贸易仲裁委员会根据中国国际经济贸易仲裁规则在上海进行仲裁。该仲裁委员会作出的裁决是最终的,买卖双方均受其约束。 All dispute in connection with this Contract or the execution thereof shall be settled through friendly negotiation. In case no settlement can be reached, the case may then be submitted to Shanghai International Economic and Trade Arbitration Commissio for arbitration which shall be conducted in accordance with the CIETAC's arbitration rules in effect at the time of applying for arbitration. The arbitral award is final and binding upon both parties. 18. 特别条款 SPECIAL PROVISIONS: 本合同由买方和卖方共同签署,一式四份,买卖双方各执两份。本合同自双方签字后立即生效。附件是合同不可分割的组成部分,与合同具有同等法律效果。 This Contract is signed by both the Buyer and the Seller in four (4) copies, each side holds 2 copies. The Contract shall become effectiveness after its signing by both the Buyer and the Seller. All the appendix of the contract are integral parts of the contract and have the same legal force as the contract. 本合同以英文和中文书写,二种文字具有同等效力。 This Contract is written in both English and Chinese, which have equal validity. 买方Buyer 卖方Seller Signature: Signature: 英文合同模板集锦 篇16TENANCY AGREEMENT 出租方: Landlord: 身份证号: ID number: 地址: Address: 银行账号: Bank No: 承租方: Tenant: 身份证号: ID number: 出租方 (以下简称甲方)与承租方(以下简称乙方)于年 月日,双方一致就以下各项条款达成协议。(本合同以中文为准) An agreement made on the date of between the landlord(hereinafter referred to as Party A) and the tenant as Party B) is hereby mutually agreed by and between the said parties to be as follows: 一、 租赁标的: Tenancy: 甲方同意将 室 及其家具电器设备在良好状态下 租给乙方,租用分户面积总计约 平方米。家具与电器设备清单见 附件。 Party A hereby agrees to and the furniture and electrical appliances therein in clean and tenantable condition to Party B, the size of the leased property being Please see appendix for the list of furniture and electrical appliances. 二、 租期: Term of Tenancy: 2.1 租赁期为年,自年月日起至年月日止。 The above property is hereby leased for a term of year, commencing on and expiring on 2.2 租赁届满,甲方有权收回全部出租房屋及家俱、电器,乙方应如期交还 (正常损耗及房屋结构上的潜在缺陷除外;返还的租赁房屋应当符合租赁房屋性质使用后的状态),乙方如要求续租,在同等条件下享有优先续租权,须在本租约期满前一个月向甲方提出书面申请,租金和租期双方另行协商。 On expiry of this lease, Party A has the right to take back the leased property with furniture and electrical appliances in full, and Party B must deliver the leased property on the date of expiry (fair wear and tear, structural and inherent defeats excepted). After the leasing term, the apartment has to maintain the reasonable condition. If Party B wishes to extend the lease, Party B shall have the priority to renew the lease with the same condition and is required to give written notice to Party A One month prior the expiry of this lease , the revised rental rate and period should be negotiated between the two parties 三、租金: Rent: 3.1 ,取暖,家具,电器(另见附件1)(家 具及电器预算人民币 元整). The rent month, including furniture, electrical appliances,management fee,heating fee. 3.2 租金支付方式为年付(十二个月)一次性支付,共计人民币 for one year rental。 3.3 租金以人民币支付。乙方在收到甲方的付款通知后须尽快付款,甲方 收到租金后付给乙方全额收据。 The rent is payable in rmb. Party B has to pay the rent as soon as possible after receiving the note of payment from Party A. Party A then should issue a reciept of the total payment to Party B. 3.4 在本租约有效期内,租金不予调整。 The rental cannot be adjusted during the term of this Tenancy Agreement. 四、 押金: Deposit: 4.1 本租约签订之日,乙方应向甲方缴付壹个月租金额的租赁押金计人民币 。租约期满,乙方如不再续租,甲方应在租赁期结束后十日内(在乙方将租赁期间发生的全部水,电,煤气等杂费付清后),将押金退还(不计利息) The day after the signature of this Tenancy Agreement, Party B must pay to Party A one months rental as deposit, totaling On completion of the tenancy period. if Party B does not continue to rent the leased property, Party A must return the deposit in full to Party B (excluding interest) within ten days after the termination or early of the Lease Agreement under the condition that Party B has paid all the utilities fee such as water, electricity, gas and telephone. 4.2 乙方如违反租约规定,致使甲方未能如期收取租金或因而发生费用开 支,甲方可以根据凭证扣留全部或部分押金抵付。不足部分甲方有权要 求乙方赔偿。 If Party B breaks any part of this contract, such as not paying the rent punctually, or causing additional expenses to Party A, Party A has the right to retain part of or all of the deposit as compensation according to its actual losses. If the said deposit is insufficient to cover Party A’s costs, Party A has the right to ask for compensation if any. 4.3 发生4.2条款情况,押金不足抵付时,乙方必须按接到甲方付款通知后 十日内补足。 If Clause 4.2 is brought into effect, and the said deposit is insufficient to cover Party A’s costs, Party B should pay the extra amount to Party A within ten days of receipt of Party A’s invoice notice. 4.4 押金以人民币支付。甲方收到押金后付给乙方全额收据。 The deposit is payable in RMB. Party A should issue a receipt to Party B after receiving the deposit. 五、 其它费用: Other Charges: 5.1 乙方在租赁期内所用的水、电、煤气,电话等费用由乙方缴付。 Party B’s utilities expenses during the lease term will be paid by Party B. 六、 甲方的责任: Landlord’s Responsibilities: 6.1 租赁期内甲方不得无故收回房屋,如甲方中途要求收回房屋,乙方可以 拒绝。 Party A is not permitted to take back the leased property during the term of the contract without any reason. If Party A wishes to do so, Party B has the right to object. 6.2 负责对乙方正常使用中发生的房内家具、电器及其他设施损坏或故障进 行及时维修并承担费用。 To undertake responsibility and assume such costs for timely repairs to furniture, electrical appliances and other facilities that are damaged or have malfunctioned through normal usage by Party B. 6.3 督促物业公司提供充分的保安、消防工作及安静清洁的居住环境。 To supervise the estate management office to provide adequate security, fire prevention and quirt & circumstance. 6.4 督促管理公司向乙方提供所应提供的服务,如冷水、热水、电的供应及 各种设备(包括空调)的正常工作,并提供公共区域和公共设施的开放,如健身房、儿童房和其他娱乐场所。督促公共区域和公共设施的清洁;公共区域的照明并提供道路指示牌。督促道路和公共区域的维护;督促修理、保养和更换大厦的保安设施、消防设施、电器设施、变压器、煤气、排水、空调、电梯和其它设施。 To ensure the estate manager to provide proper service to Party B, such as supply of cold water, hot water, electricity, proper maintenance of all kinds of equipment (including air-conditioners), and to provide free access to public areas and facilities such as gymnasium, children’s room and other recreational areas. To clean public areas and facilities; to illuminate public areas and provide signs; to repair access ways and public areas; to repair, maintain, and replace security, fire fighting and electrical appliances, transformer, gas, sewage, air conditioning systems, elevators, lifts and other facilities of the building. 6.5 保证物业的合法性,保证有合法权利出租该物业。 Ensure the legality of the leased property. Ensure its legal rights to lease the property. 6.6 负责因违反上述责任而对乙方造成的所有损失的赔偿。 To compensate Party B for all loss arising from any breach of the above-mentioned responsibilities. 6.7负责开通电话及宽带,负责乙方入住前清洁室内卫生. 七、 乙方责任: Tenant’s Responsibilities: 7.1 乙方应按本租约三、四、五条款规定交付租金,押金和各项费用,如有 拖欠,则作违约论。 Party B should promptly pay the rent, deposit and other charges as set out in Clauses 3,4 and 5of the Agreement. Non-payment of these charges constitutes a breach of this Agreement. 7.2 租赁期内未经甲方同意,乙方不能转租其所租房屋,私自转让无效。 During the period of Tenancy, unless with the agreement of Party A, Party B cannot sub-let or let in part or in full the leased property to other Party. 7.3 乙方应爱护房屋及其设备,如因使用不当导致损坏应负责赔偿。 Party B must take care of the property and its contents, otherwise Party B should pay compensation to Party A for his improper use of the property. 7.4 在房内已有的装饰和设施之外,乙方如要增加设备或其他装修须征得甲 方同意;租赁期满必须恢复原状如有损坏(正常使用磨损、结构或原有的问题除外),并承担其费用,经甲方验收认可后归还甲方。 In addition to the decoration and equipment already in the property, if Party B wishes to make any alterations or decorate the property, Party B should get the permission from Party A. On completion of the tenancy, Party B must hand-over the property to Party A in its original condition ( fair wear and tear, structural and inherent defects expected), and all fees arising from such work have to be borne by Party B. 7.5 保证赔偿由于乙方或乙方有关系的官员、上司、雇员、客人、来访者、 雇佣工人、代理、执照持有者或被邀请人等(统称与乙方相关的人)的粗心及疏忽造成的房屋的损害或损失,并允许甲方或其代理人在事先通知后进入房屋,对房屋的损失或损害进行弥补及修复,在此所发生的费用由乙方负担。 To indemnify Party A for any loss or damage to the leased property from negligent act or omission of Party B or any officer, director, employee, guest, visitor, servant, agent licensee or in invitee of Party B (each referred to hereinafter individually as an “associate” ), to permit Party A or his authorized representatives, with an advance notice, to enter the leased property to repair any such loss or damage at the expense of Party B. 7.6 在甲方预先通知后,乙方应允许甲方或其代理人在有理由的情况下在合 理的时间进入及巡视房屋进行必要的维修或修复工作;在租赁期最后一个月内,允许甲方或其代理人带领有意租赁或购买房屋的.客人视察房屋,但乙方已按第2.2条书面通知甲方将续租时除外。 With Party A’s notice in advance, Party B should permit Party A and the person authorized by Party A under reasonable circumstances to enter and view the leased property at reasonable hours, to carry out any work and repairs which is necessary to be done. During the last one months of the Tenancy, Party A has the right to show the leased property to prospective lessors or purchasers, unless according to clause 2.2, Party B has informed Party A of its intention to renew the Lease. 7.7 在未经甲方书面同意下,乙方不得擅自设立、安装或移动设施及设备, 不能擅自设立隔段,不得擅自对房屋的结构机关改动或增加。 Not to erect, install or remove any fixtures or partitioning, or to make any structural additions and alterations without the prior written consent of Party A. 7.8 租赁房屋过程中,必须严格遵守中华人民共和国的有关法律、细则、规 章及法令的规定,并严格禁止乙方利用房屋进行违犯法律及不道德的行为。 Strictly to comply and adhere in the use of the leased property with all laws, regulations and decrees of the People’s Republic of China applicable to such use, and specifically not to permit or suffer the leased property to be used for any purpose that is unlawful or immoral. 7.9 房屋除供乙方居住之外,未经甲方书面同意,房屋不可作办公或协议未 曾说明之用。上述同意不应不合理地拒绝。 To use the leased property exclusively as the residence of his family and not to use the leased property as an office or for any other purpose without the prior written consent or Party A , which consent shall not be ueasonably withheld. 7.10 未经甲方书面同意,屋外不得擅自放置标示板及陈列任何设施,不允许 在房外、窗及门上挂晒衣物以影响房屋外观面貌,该条件不得被不合理拒绝。 Not to affix or display any signboard or other device visible from outside the leased property without the prior written consent of Party A, which consent shall not be ueasonably withheld, and not to use the outside of the leased property or any doors or windows to hang any washing. 7.11 租客必须遵守物业条例准则,如出现纠纷需与业主来协商调解。 To obey the regulation is set by the management office, in case any dispute arises, the two parties shall negotiate friendly. 八、 房屋不能居住时其他事件: Other things: 房屋由于火灾,恶劣天气,战争或其它甲方不可抗拒因素,而不是 因为乙方直接或间接的疏忽及故意行为造成房屋毁坏而不能被正常使用及居住时,乙方从该日起停止支付租金,直至房屋可再被使用及居住时为止,如该房屋因任何不能归因于乙方的原因不能正常使用超过10天,乙方有权终止合同并无需承担任何责任,甲方应退还剩余部分押金及预付租金。甲方根据自己的意愿及经济、实际意义等原因,没有义务必须修缮复原房屋。若此情况发生,甲方应书面通知乙方,并在作出上述通知的十天之内将押金及预付租金全部退还乙方。 If the leased property are substantially destroyed or damaged by fire, bad weather, war, force major, or other causes beyond the control of Party A and not attributable directly or indirectly to the negligence or malice of Party B or are otherwise rendered unfit for use or occupation, the rent shall cease to be payable from the date the leased property become unfit for use or occupation until the leased property shall again be rendered accessible and fit for use, if the lessor’s property can not be properly used for any reasons beyond 10 days, Party B has the right to terminate the agreement without any 英文合同模板集锦 篇17主合同编号(Contract NO): 买 方(Buyer): 地 址(Add): 电话(Tel): 传真(Fax): 生产厂(Producer): 地 址(Add): 电话(Tel): 传真(Fax): 为体现诚实信用的合同履行精神,防止延期交货的情况出现,双方协商一致,特制定如下条款: In order to reflect the spirit of good faith and for avoidance of any delay in delivery, both parties hereby agree as follows: 一、本协议是执行主合同的关于延期交货的特别约定,主合同编号为:。 This agreement shall constitute a special covenant for implementing the provisions of delayed delivery as set forth in the Master Contract(Contract No._______). 二、主合同约定的交货日期为: 年 月 日,运输方式为海运集装箱。 Delivery date provided in the Master Contract shall be _________, and transportation mode is marine container. 三、若生产厂无法按照上述交货期限的约定交货的,则买方有权要求改为空运方式运输,相应的空运费用约 美元(USD)从买方应当支付给生产厂的货款中扣除。(实际扣除金额以空运费单据为准) Where the Producer fails to deliver goods pursuant to the above delivery period, the Buyer has right to amend the original transportation mode to air transportation and corresponding air freight charge is around _______(USD) deductible from payments for goods made by the Buyer to the Producer. (actual deductible amount shall be subject to air freight receipts) 买 方(Buyer): 买方代表人:(签章)Representative: (Sgn & Samp) 生产厂(Producer): 生产厂代表人:(签章)Representative: (Sgn & Samp) 签约时间: 年 月 日 Date of Signing:(D-M-Y) 注:本合同内容如有中英文翻译误差,以中文为准。 Note: If this contract content has any error of translation, subject to Chinese. 英文合同模板集锦 篇18Contract 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 英文合同模板集锦 篇19销售合同 SALES CONTRACT 买方:JOONAS&CO.,LTD, 10 LOUIS PASTEUR STEET PORT LOUIS MAURITIUS合同号/Contract No: BF20100601 The Buyer : JOONAS&CO.,LTD, 10 LOUIS PASTEUR STEET PORT LOUIS MAURITIUS TEL: FAX: 卖方:唐山丰润百丰商贸 日期/Date: 20xx-05-29 TEL: 0086 -FAX: 0086- The Seller: Tangshan fengrun baifeng Trading Co.ltd 兹经买卖双方同意,由买方购进,卖方出售下列货物,并按下列条款签订本合同: This CONTRACT is made by and between the Buyers and Sellers; whereby the Buyer agrees to buy and the Seller agrees to sell the under mentioned goods on the terms and conditions stated below: Description of Goods: As follows. 1.原产地和制造厂家(Country of Origin and Manufacturer): 中国 ChinaTangshan fengrun baifeng Trading Co.ltd 2.包装(Packing):STANDARD EXPORT PACKAGING 3.Shipment(装运方式):合同中货物全部用20’集装箱海运In Contract by 20’ Container. 4.装运期限(Time of Shipment):WITHIN15-20 WORKING DAYS AFTER RECEIPT OF 30%T/T 5.装运口岸(Port of Loading):上海 中国SHANGHAI China 6.目的口岸(Port of Destination):Port Louis, Mauritius 7.付款条款(Terms of Payment):30%DOWN PAYMENT + 70% T/TAFTER RECEIVED THE COPY OF B/L 8.签约合同(Sign of Contract):本合同传真有效This contract will valid for fax contract sign 9.人力不可抗议(Force Majeure):由于水灾,火灾,地震,干旱,战争或协议一方无法预见,控制,避免和克服的其他事件导致不能或暂时不能全部或部分履行本协议,该方不负责托。但是,受不可抗议力事件影响的一方必须尽快将发生的时间通知另一方,并在不可抗议力事件发生15(拾伍)天内将有关机构的不可抗议力事件的证明寄交对方。Either party shall not be held responsible for failure or delay to perform all or any part of this agreement due to flood, fire, earthquake, draught, war or any other events which could not be predicted, co(转 载 于:w :协议书英文范本)ntrolled, 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 after it’s occurrence. 10. 货物要求(CRC requirements): 10.1 每件货物重量大约5吨。Weight of Coils: About 5 tons 10.2冷卷按照实重出货。 Material & Coils to be of prime quality without defects 10.3 尺寸公差 :the thickness :±3% thickness10.4 卷的用途用于制管: suitable for cutting into sheets 10.5 OTHERS : 1. Edges of Coil should be straight & not wavy. Surface should be flat. 2. Coils should be suitable for cutting into sheets. 3. Coil I.D: 508mm 12.违约(Breaking the contract): 12.1若超过装运期限卖方每天必须向买方支付货物总价款0.5%的违约金。The sellers must pay the buyers0.5% of the price of all the goods per day for breaking the contract of shipping time. 12.2如果延期超过5天卖方须向买方支付货物总价款5%的违约金。与此同时,买方保留是否继续履行合同的决定权。 If the shipping time is defered for over 5 days, the sellers must pay 5% of the price of all the goods. At the same time, the buyers reserve the right to go on carrying out the promise or not. 13.仲裁(Arbitration):在履行协议过程中,如发生争议,双方应友好协商解决,若通过友好协商未能达成协议,则提交中国国际贸易促进委员会对外贸易仲裁委员会,根据该会仲裁程序暂行规定进行仲裁。若以方不符裁决,再则由新加坡国际仲裁法按照该会仲裁程序的有关规定进行仲裁。以上所有仲裁费用,除另有规定外,均由败诉方负担。All disputes arising from the execution of this agreement shall be settled through friendly consultations. In case no settlement can be reached, the case in dispute shall then be submitted to the Foreign Trad Arbitration Commission of the China Council for the Promotion of International Trade for Arbitration in accordance with its Provisional Rules of Procedure. The decesion made by this commission shall be regarded as final and binding upon both parties. Arbitration fees shall be borne by the losing party, unless otherwise awarded. 14.注意(NOTICE):本合同一式两份,双方签订后生效。this contract is in two copies since being signed by both parties 15. BANK INFORMATION: BANK INFORMATION: SWIFT:CHASUS33 PAY TO:JP MORGAN CHASE BANK NATIONAL ASSOCIATIONFOR A/C OF:AGRICULTURAL BANK OF CHINA,HEAD OFFICE BEIJINGACCOUNT NAME:TANGSHAN FENGRUN BAIFENG TRADING CO. LTD.ADD:61 WEST XINHUA ROAD,TANGSHAN,HEBEI,CHINA. 买方 (Buyer) 卖方(Seller)x公司 TANGSHAN FENGRUN BAIFENG TRADING CO. LTD IN FAVOR OF:ACCOUNT WITH AGRICULTURAL BANK OF CHINA,TANGSHAN BRANCH.ACCOUNT NAME: TANGSHAN FENGRUN BAIFENG TRADING CO. LTD. 英文合同模板集锦 篇20一、出租人: landlord: 承租人: tenant: (以下简称甲方) (hereinafter['hirin'ɑ:ft] referred to as party a) (以下简称乙方) (hereinafter referred to as party b) 二、租赁标的: tenancy: 甲方同意将____________________及其设备(见附件1)在良好状态下租给乙方。租用分户面积总计约____________________平方米。 party a hereby agrees to lease____________________and the equipment therein (as described in appendix['pendiks] 1) in clean and tenantable['tenntbl] condition to party b, the size of the leased property being____________________sqm. 三、租赁期: term of tenancy: 3.1 租赁期为______年,自______年______月______日起至______年______月______日止。 the above property is hereby leased for a term of______years, commencing______and expiring on______. 3.2 租赁期满,甲方有权收回全部出租房屋,乙方应如期交;乙方如要求续租,须在本合同期满前两个月向甲方提出书面申请。 on expiry of this lease, party a has the right to take back the leased property in full, and party b must deliver the leased property on or before the date of expiry[iks'pairi]. if party b wishes to extend the lease, party b is required[ri'kwaid] to give written notice to party a two months prior to expiry of this lease. 四、租金: rent: 4.1 租金每月为___________人民币。 the rent is rmb____________per month. 4.2 每月租金一次支付,必须于租赁期每月前十天付清。如乙方逾期未付,须按日加付其租金的0.5%的滞纳金,超过三十天未付视作自动退租,甲方有权按合同5.2条款视乙方为中途退租情况办理。 the rent is payable monthly in one lump[lmp]sum, before the tenth day of each month. if party b has not paid the rent by the tenth day, a penalty of 0.5% of the rent will be charged per day. if the rent has not been paid within 30 days, party a has the automatic right to eject party b from the leased property, according to clause 5.2 of this agreement. 4.3 租金以人民币为单位用现钞支付。如以支票支付,所发生的费用由乙方负担。 the rent is payable in rmb and in cash. if the rent is paid by cheque['tek], all charges incurred will be borne by party b. 4.4 在本合同有效期内, 租金不予调整。 the rent cannot be increased during the term of this tenancy agreement. 五、押金: deposit: 5.1 自本合同签定之日,乙方应向甲方交付______个月之租金额的押金计____________人民币。合同期满,乙方如不再续租,并且乙方结清其在租赁期内所用的各项费用后,甲方应将押金在七个工作日内如数退还给乙方(不计利息)。 on signing this tenancy agreement, party b must pay to party a two months' rental as deposit, totaling rmb________. on completion of the tenancy period, if party b doesn't wish to extend the lease and has paid all charges, party a must return the deposit in full to party b within 7 working days (excluding[ik'sklu:di] interest). 5.2 乙方如在租赁期内终止租约,押金不予退还。 if party b stops the tenancy agreement before the date of expiry, party a is not required to return the said deposit. 5.3 乙方如违反合同规定,致使甲方未能如期收取租金或因而发生费用开支,甲方可以扣留部分或全部押金抵付。 if party b breaks any part of this contract, such as not paying the rent punctually['pktuli], or if party b caused damages to the leased property, party a has the right to retain part or all of the deposit in compensation[,kmpen'sein]. 5.4 发生5.3条款情形,押金不足抵付时,乙方必须按接到甲方付款通知后十天内补足。 if clause 5.3 is brought into effect, and the said deposit is insufficient to cover party a's costs, party b should pay the extra['ekstr] amount['maunt] to party a within ten days of receipt of party a's payment. 5.5 押金以人民币为单位,用现钞支付。如以支票支付,所发生的费用由乙方承担。 the deposit is payable in rmb and in cash. if the deposit is paid by cheque, all charges incurred will be borne by party b. 六、其它费用: other charges: 6.1 乙方在租赁期内所用的水、电和煤气费用,每月按实际耗用量结算,乙方按单缴付。 during the period of the tenancy, all charges for use of water, electricity and gas are payable by party b monthly according to consumption[kn'smpn], and on receipt of bills. 6.2 乙方所用电话按电讯局收费标准,每月根据实际用量结算,乙方按单缴付。 all telephone charges are payable by party b monthly according to the telecommunications bureau['bjuru] standard tariffs['t rifs], and according to bills received. 6.3 租赁标的的物业管理费由______方按照大厦管理规章,负责按单缴付。 any charges for the leased property, such as management fees, are payable by____________according to the bill issued by property management office. 七、乙方责任: tenant's responsibilities: 7.1 乙方应按本合同四、五、六条款规定交付租金、押金和各项费用,如有拖欠,则作违约论。 party b should promptly pay the rent, deposit and other charges as set out in clauses 4, 5 and 6 of this agreement. nonpayment of these charges constitutes a breach of this agreement. 7.2 租赁期内,未经甲方同意,乙方不能转让其所租房屋,私自转让无效。 during the period of tenancy, unless with the agreement of party a, party b cannot sub-let or let in part or in full the leased property. 7.3 乙方应爱护房屋及其设备,如因使用不当导致损坏负责赔偿。 party b must return the property and its contents to party a in good and workable condition, otherwise party b must pay compensation to party a. 7.4 在房屋内已有的装饰和设备之外,乙方如需增加设备或其它装饰须征得甲方同意。租赁期满必须恢复原状,并承担其费用,经甲方验收认可后归还甲方。 in addition to the decoration and equipment already in the property, if party b wishes to make any alterations or decorate the property, party a must consent. on completion of the tenancy, party b must hand-over the property to party a in its original condition, and all fees arising from such work and to be borne by party b. 八、争议的解决: arbitration: 凡执行本合同或与本合同有关的争议,由双方友好协商解决;协商不成, 提请中国有关经济合同仲裁机构调解;调解不成,提请中国有关经济合同仲裁机构仲裁。 in the case of disputes arising over this agreement, the two parties should negotiate[ni'gui,eit] in a friendly manner and in good faith; if failed, should submit to china related economic contract arbitrated['ɑ:bitreitd] bureau to mediate['mi:dieit] or arbitrate['ɑ:bitreit]. 九、其它: others: 9.1 本合同附件是本合同不可分割的组成部分。 the attachment is combined with the contract. 9.2 本合同如有未尽事宜,由甲、乙双方洽谈解决。 if the contract remains some unperfected parts, the two parties should negotiate in peace. 9.3 本合同自签字之日起生效;合同文本一式两份,甲、乙双方各执一份。 the contract effected on the signing date, two sets for the contract and one set for each party. 本合同于______年______月______日在深圳市龙岗区广天地地产(罗马分行)签定。 the contract concludes in guangtiandi real estate(rome branch)longgang district of shenzhen on__________________. 甲方: party a: 代表人: representative[repri'zenttiv]: 盖章: seal: 地址: address: 电话: telephone: 乙方: party b: 代表人: representative: 盖章: seal: 地址: address: 电话: telephone: 英文合同模板集锦 篇21Quality-eternal Investment Co., Ltd. 编 号(No.): ACM001 签约地(Signed at):伦敦London 日 期(Date): 09.13.20xx 卖方(Seller): 地址(Address): 电话(Tel): 传真(Fax): 买方(Buyer): 地址(Address): 电话(Tel): 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 (Name, Specifications and Quality of Commodity):数量(Quantity):单价及价格条款 (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 theInterpretation of Trade Terms (INCOTERMS 20xx) provided by International Chamber of Commerce (ICC) unless otherwise stipulated herein.) 2. 总价 (Total Amount): $5745 3. 允许溢短装(More or Less):2%。4. 装运期限(Time of Shipment): 收到全部货款后20天内装运。 Within 20 days after receipt of full payment by T/T. . 5. 付款条件(Terms of Payment): 出货前付清货款。 Pay total charge before shipment 6. 包装(Packing): 7 品质/数量异议 (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. 8.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。 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与本合同有关的任何争议,如果协商不能解决,应提交中国国际经济贸易仲裁委员会深圳分会。按照申请仲裁时该会当时施行的仲裁规则进行仲裁。仲裁裁决是终局的,对双方均有约束力。 Any dispute arising from or in connection with 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. 11. 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___2__份。自双方签字之日起生效。 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: 卖方签字:买方签字: 英文合同模板集锦 篇22Series No: A [Zhu]Zi [BJF]Hang [Dongcheng ]Branch [20xx]Year [0573] Individual Mortgage Loan Contract For Purchasing Commercial Housing Supervised by Industrial and Commercial Bank of China In accordance with relevant state laws and rules, the contract is made after negotiations between the both parties. Loan items Article 1. The lender provides loan to the borrower to purchase the residential Article 3. Loan interests: (annual) and balance the interest by month. the Account opened Article 6. Borrower pay the principal and interest of the load under this contractinstallments, every one month being one installment. The amount of principal and interest to be paid for one installment is RMB 9,535.21. The way of payment is in equal account of principal and interest. Article 7. Name is Account Number is and promises to transfer the principal and interest of the load into it on time. Article 8. Where Borrower does not repay as per the said regulations, Lender Article 9. Where Borrower does not repay the interest of loan as per the said regulations, Lender may have right to charge double interests. Article 10. Before distributing the loan, if Borrower has great conflict with house seller over problems such house’s quality and property, Borrower is authorized to cancel this contract, and shall decide whether continue the contract within half one year. Article 11 After the delivery of the loan, if dispute occurs between borrower and Party C, the contract is still effective. Article 12. If Borrower needs to refund in advance, it shall note Lender one month before refund day and the notice is irrevocable upon delivery. Article 13 If one or more items as follows occur, Lender has right to expire the contract in advance, and deliver “information of repayment in advance” to Borrower and Securities. (1) Violation of contract by Borrower (2) The lost or death or non-heir of Borrower (3) The heir of Borrower refuses to repay the loan (4) Borrower does not repay the loan in series three installments, or cumulative six installments. (5) The alteration of securities leads to the advanced obligations of Party C (6) others Article 14.Either party wants to alter part of the articles of contract should inform the other party in written form and friendly negotiate. Another advanced agreement is excluded. Article 15. Borrower is responsible for the cost. Another advanced agreement is excluded. Mortgage items Article 16.Borrower mortgages the real estate and all the poverties the attached list of mortgages to Lender, and promises to bear legal responsibilities. Article 17.The scope of mortgage includes principal and interest of loan (including the article 9), punished interest and the cost of real claims. Article 18.After the sign of this contract, mortgage registration certification and other right certifications should be handed over to mortgagee. Article 19.Mortgagee should protect the mortgages carefully, be responsible for the maintenance of the mortgages, and be supervised by Lender. Article 20.The value is changed because of mortgager’s faults or others, mortgagee is not responsible. Article 21.Without the consent of mortgager, the mortgagee has no right to dispose the mortgages. Article 22.If Lender thinks it is necessary to reevaluate the mortgages, mortgagee should cooperate. Article 23. The set of mortgages should register in administration for real estate, so the cooperation is required. Article 24.If the situation of article 13 occurs, Lender has right to dispose the mortgages in advance. Article 25.Borrower should go for insurance according to the requirement of Borrower. Article 26.All or part of the items in loan has nothing to do with the effect of mortgage items. Material mortgage items Article 27. Borrower mortgages all the poverties the attached list of Material mortgages to Lender, and promises to bear legal responsibilities. Article 28. The scope of mortgage is principal and interest of loan (including the article 9), punished interest and the cost of real claims. Article 29. Borrower should hand over the right certification to Lender, and Lender should protect it carefully. Article 30. If the time of cashing valued bonds is ahead of the time of repayment, methods of disposal as follows: (1) Cash the bonds to repay the loan. (2) Change into the fixed deposit as material mortgage. (3) Use the recognized equal deposit and bonds to change saving deposit and bonds. Article 31. Borrower has no right to report loss of any materials. Article 32. If the situation of article 13 occurs, Lender has right to dispose the material mortgages. Article 33 All or part of the items in loan has nothing to do with the effect of Material mortgage items Guarantee items Article 34. Guarantor is willing to offer guarantee to Borrower. Article 35.The scope of guarantee is principal and interest of loan ( including the article 9) ,punished interest and the cost of real claims. Article 36. Period of guarantee is two years after Borrower not fulfilling debts. Article 37. If guarantor can not fulfill the obligation of guarantee, Lender has right to deduct relevant cash payment in account., Article 38. Guarantor should promise to supervise Borrower pay on time. Article 39. Borrower has right to transfer debts to guarantor without the agreement of Lender. Article 40. Borrower uses state-adjusted new interest rate, guarantee’s agreement is not needed. Article 41. All or part of the items in loan has nothing to do with the effect of guarantee items Other items Article 42. Where the dispute fails to reach agreement among the three parties, any of the parties may submit to the local People’s Court or local arbitration organization for conciliation. Article 43. The Contract comes into effect since signed by three parties. Article 44. The Contract ends as Borrower paying the payment in full. Article 45. Borrower has right to transfer the benefits in this contract to others without the approval of Lender and guarantor Article 46.If Borrower and guarantor do not fulfill the obligations regulated in the contract , enforcement is accepted. Article 47. If Borrower can not fulfill the payment, Lender has right to claim for 英文合同模板集锦 篇23技 术 合 作 协 议 Technical Cooperation Agreement 甲方:油脂化学有限公司 Party A: Grease Chemical Co. , Ltd. 地址: 高新技术工业园 Address:High-tech Industrial Park 法定代表人: Legal Representative: 乙方: Party B: 地址: Address: 本协议合作双方就组建技术研发团队事项,经过平等协商,在真实、充分地表达各自意愿互惠互利的基础上,根据《中华人民共和国合同法》的规定,达成如下协议,并由合作各方共同恪守。 This Agreement, concerning the setting up of a technical research and development team, is made according to the Contract Law of PRC regulations and entered into through equal negotiation by both Parties as the free and full expression of their own wishes to mutual benefits, and to this end both Parties shall abide by this Agreement as following. 第一条、 甲方同意雇用乙方为新产品研发技术顾问。乙方同意为甲方提供技术 顾问服务。 Article 1: Party A hereby agrees to employ party B as the technical consultant for the new product research and development. Party B hereby agrees to offer technical consultation service to Part A. 第二条、 甲方同意每月支付乙方的研究费用,包括:薪资、办公费、检测费、 差旅费以及其他相关费用。 Article 2: Party A hereby agrees to pay Party B for the research each month, including salaries, administrative expenses, detection cost, traveling expenses and other cost associated. 第三条、 乙方有责任为甲方提供相关国内外技术及市场信息,并及时答复甲方 技术上所遇到的问题。 Article 3:Party B is responsible to provide relevant technical and market information home and abroad and is ready to answer any technical problem frequently asked by Party A. 第四条、 乙方有义务向甲方提供有关个人简历和相关证明材料,甲方要尊重乙 方个人隐私,有义务妥善保管相关材料。 Article 4: Party B shall has the obligation to provide Party A with any relevant personal resume and reference documents as necessary. Party A shall respect the personal privacy of Party B and has the obligation to properly keep those materials. 第五条、 乙方同意所研发的产品所有知识产权归甲方所有,乙方不得将相关技 术信息泄露给任何第三方,否则需要承担一切法律后果。 Article 5: Party B hereby agrees that the intellectual property of any product as researched and developed herein shall be owned by Party A. Party B shall not be allowed to disclose any technical information concerned to the third party, or it shall take all the legal consequences. 第六条、 甲乙双方同意通过紧密合作达到共同目标;每年增加一到三个项目; 每年申请一到三个发明专利;每年完成一到两个能够通过专家认证的 新产品;每年至少向市场推广两个产品。 Article 6: Both Parties agree to achieve their common goals by their close cooperation. It is planned to add one to three projects each year and to apply for one to three patents for inventions each year, to make one to two new products certified by experts each year, and to promote at least two products to the market each year. 第七条、 此协议甲乙双方各执一份,没有在协议中提到的事项双方需协商解决。 Article 7: This Agreement is held by both Parties, one for each respectively. Any issue not mentioned in this Agreement shall be settled by both Parties through negotiation. 此协议从签字当日起生效。 This Agreement shall take effect from the date of signature. 甲方:乙方: Party AParty B: 签字:签字: Signature: Signature: 日期:日期: DateDate: 英文合同模板集锦 篇24关于英文合同(转)来源: 郑旭江的日志 合同条款常用英文词汇 买方 buyer 卖方 seller 项目名称 Project name 地址 address 电话 phone 传真 fax 联系人 contact person 本合同由买卖双方签订,根据本合同条款,买方同意购买,卖方同意出售以下产品。This contract is made by and between the buyers and sellers, whereby the buyers agree to buy and the sellers agree to sell the under-mentioned. Commodities according to the terms and conditions stipulated below. 1. 详细货物清单 Detail supply list 2. 合同价格 Contract value 序号 item 型号 model 尺寸 size, dimension 数量 amount, unit 单价 unit price 总价 total price 备注 remark 货物,运费 freight, transportation 合同总额(含安装费与税金) Contract amount incl. VAT installation 3. 付款条件 payment conditions, payment terms 4. 交货地点 delivery place 5. 发货期 delivery time 6. 安装条款 installation clause 7. 验收条款 inspection clause 8. 保证条款 guarantee clause 9. 不可抗拒条款 Force Majeure Clause 10. 违约条款 Breach clause 11. 其他条款 Miscellaneous clause 12. 买卖双方信息 buyer and seller information 此合同一式二份,由双方各持一正本。This contract is made in two originals that should be held by each party. 涉外合同格式 涉外合同按繁简不同,尽管可以采取不同书面形式,如正式合同(Contract)、协议书(Agreement)、确认书(Confirmation)、备忘录(Memorandum)、订单(Order)等等,但是一般都包含如下几个部分: 一、合同名称(Title) 二、前文(Preamble) 1. 订约日期和地点 Date and place of signing 2. 合同当事人及其国籍、主营业所或住所 Signing parties and their nationalities, principal place of business or residence addresses 3. 当事人合法依据 Each party's authority,比如,该公司是“按当地法律正式组织而存在的”(a corporation duly organized and existing under the laws of ) 4. 订约缘由/说明条款 Recitals or WHEREAS clause 三、本文(Body) 1. 定义条款(Definition clause) 2. 基本条款(Basic conditions) 3. 一般条款(General terms and conditions) a. 合同有效期(Duration) b. 合同的终止(Termination) c. 不可抗力(Force Majeure) d. 合同的让与(Assignment) e. 仲裁(Arbitration) f. 适用的法律(Governing law) g. 诉讼管辖(Jurisdiction) h. 通知手续(Notice) i. 合同修改(Amendment) j. 其它(Others) 四、结尾条款(WITNESS clause) 1. 结尾语,包括份数、使用的文字和效力等(Concluding sentence) 2. 签名(Signature) 3. 盖印(Seal) 以上的格式和内容并非一成不变,当事人可以根据各自交易情况做出调整或增删。 合同范本 销售代理合同 Sales Agency Agreement 合同号: NO: 日期: Date: 为在平等互利的基础上发展贸易,有关方按下列条件签订本协议: This Agreement is entered into between the parties concerned on the basis of equality and mutual benefit to develop business on terms and conditions mutually agreed upon as follows: 1. 订约人 Contracting Parties 供货人(以下称甲方): 销售代理人(以下称乙方): 甲方委托乙方为销售代理人,推销下列商品。 Supplier: (hereinafter called "party A") Agent:(hereinafter called "party B") Party A hereby appoint Party B to act as his selling agent to sell the commodity mentioned below. 2. 商品名称及数量或金额 Commodity and Quantity or Amount 双方约定,乙方在协议有效期内, 销售不少于商品。 It is mutually agreed that Party B shall undertake to sell not less than…… of the aforesaid commodity in the duration of this Agreement. 3. 经销地区 Territory 只限在……。 In …… only. 4. 订单的确认 Confirmation of Orders 本协议所规定商品的数量、价格及装运条件等,应在每笔交易中确认,其细目应在双方签订的.销售协议书中作出规定。 The quantities, prices and shipments of the commodities stated in this Agreement shall be confirmed in each transaction, the particulars of which are to be specified in the Sales Confirmation signed by the two parties hereto. 5. 付款 Payment 订单确认之后,乙方须按照有关确认书所规定的时间开立以甲方为受益人的保兑的、不可撤销的即期信用证。乙方开出信用证后,应立即通知甲方,以便甲方准备交货。 After confirmation of the order, Party B shall arrange to open a confirmed, irrevocable L/C available by draft at sight in favour of Party A within the time stipulated in the relevant S/C. Party B shall also notify Party A immediately after L/C is opened so that Party A can get prepared for delivery. 6. 佣金 Commission 在本协议期满时,若乙方完成了第二款所规定的数额,甲方应按装运货物所收到的发票累计总金额付给乙方*%的佣金。 Upon the expiration of the Agreement and Party B's fullfilment of the total turnover mentioned in Article 2, Party A shall pay to Party B…… % commission on the basis of the aggregate amount of the invoice value against the shipments effected. 7. 市场情况报告 Reports on Market Conditions 乙方每3个月向甲方提供一次有关当时市场情况和用户意见的详细报告。同时,乙方应随时向甲方提供其他供应商的类似商品样品及其价格、销售情况和广告资料。 Party B shall forward once every three months to party A detailed reports on current market conditions and of consumers' comments. Meanwhile, Party B shall,from time to time, send to party A samples of similar commodities offered by other suppliers, together with their prices, sales information and advertising materials. 8. 宣传广告费用 Advertising & Publicity Expenses 在本协议有效期内,乙方在上述经销地区所作广告宣传的一切费用,由乙方自理。乙方须事先向甲方提供宣传广告的图案及文字说明,由甲方审阅同意。 Party B shall bear all expenses for advertising and publicity within the aforementioned territory in the duration of this Agreement and submit to Party A all patterns and/or drawings and description for prior approval. 9. 协议有效期 Validity of Agreement 本协议经双方签字后生效,有效期为天,自至.若一方希望延长本协议,则须在本协议期满前1个月书面通知另一方,经双方协商决定。 若协议一方未履行协议条款,另一方有权终止协议。 This Agreement, after its being signed by the parties concerned, shall remain in force for…… days from …… to …… If either Party wishes to extend this Agreement, he shall notice, in writing, the other party one month prior to its expiration. The matter shall be decided by the agreement and by consent of the parties hereto. Should either party fail to implement the terms and conditions herein, the other party is entitled to terminate this Agreement. 10. 仲裁 Arbitration 在履行协议过程中,如产生争议,双方应友好协商解决。若通过友好协商达不成协议,则提交中国国际贸易促进委员会对外贸易仲裁委员会,根据该会仲裁程序暂行规定进行仲裁。该委员会的决定是终局的,对双方均具有约束力。仲裁费用,除另有规定外,由败诉一方负担。 All disputes arising from the execution of this Agreement shall be settled through friendly consultations. In case no settlement can be reached, the case in dispute shall then be submitted to the Foreign Trade Arbitration Commission of the China Council for the Promotion of International Trade for arbitration in accordance with its provisional rules of procedure. The decision made by this Commission shall be regarded as final and binding upon both parties. Arbitration fees shall be borne by the losing party ,unless otherwise awarded. 11. 其他条款 Other Terms & Conditions (1) 甲方不得向经销地区其他买主供应本协议所规定的商品。如有询价,当转达给乙方洽办。若有买主希望从甲方直接订购,甲方可以供货,但甲方须将有关销售确认书副本寄给乙方,并按所达成交易的发票金额给予乙方*%的佣金。 Party A shall not supply the contracted commodity to any other buyer(s) in the above mentioned territory. Direct enquiries, if any, will be referred to Party B. However, should any other buyers wish to deal with Party A directly, Party A may do so. But party A shall send to Party B a copy of Sales Confirmation and give Party B……% commission on the basis of the net invoice value of the transaction(s)concluded. (2) 若乙方在*月内未能向甲方提供至少订货,甲方不承担本协议的义务。 英文合同模板集锦 篇25出让方:戴黛 (以下简称“甲方”) The seller: DAY FREJA ANTIGONE FELICIA M D(hereinafter called Party A) 受让方:(以下简称“乙方”) The buyer: (hereinafter called Party B) 居间方:上海志远房地产经纪有限公司 (以下简称“丙方”) The Agent:SHANGHAI ZEAL REALTY CONSULTANT CO.,LTD. (hereinafter called Party C) 在丙方的居间作用下,经友好协商,甲、乙双方达成如下一致: Under brokerage by Party C ,both Party A and Party B enter into the following agreement through friendly negotiation: 1、甲方在此陈述其系 上海市南京西路1173弄5号31室(该房屋的所有权及其所占土地的所有权,以下合称“该房地产”)的合法产权人。甲方已取得的该房地产之《上海市房地产权证》号码为:静 _;该房地产之建筑面积为 125.3 平米。现甲方有意将该房地产转让给乙方,乙方亦愿意向甲方购买该房地产。 Party A confirms that she is the legal owner of the property which located at 31 , Block 5_ ,Lane 1173_, West of Nanjing RD, Jing’an _ District, Shanghai. Party A is in The property has an gross floor area of _125.3 _square metres. Now Party A intends to sell the property to Party B, and Party B is interested in buying the property. 2、甲,乙双方约定该房地产实际成交价格为人民币 柒佰贰拾万元整(RMB 7,200,000.00 元_)。由乙方按本协议规定的支付方式支付甲方。 The agreed price of the property is RMB 7,200,000.00 Party B shall pay the sum to Party A according to the terms of this agreement. 3、乙方在此确认其于签订本协议前已对该房地产进行了初步验看。双方在此同意甲方将该房地产按现状交付乙方即可,但是甲方必须保证该房地产内的管道,线路畅通,包括该房地产设备的完好可正常使用。在该房地产交付前,上述设备如有故障,甲方应负责任修缮并支付相关费用。 Party B confirmed that she has examined the property before signing this agreement. Both parties agree that Party A shall deliver it to Party B in current conditions . Party A shall ensure that the ducting and wiring of the property, and all the related fixtures and equipment are in good working order. If any is found to be defective, Party A shall make amend before delivery of property and bear the necessary costs. 4、双方同意本次交易之具体交易程序如下: The procedure of the transaction for the property is as follows: possession of Shanghai Certificate of Real Estate Ownership, number: A.双方同意本协议项下的定金数额为人民币 壹拾万元整(RMB 100,000.00 元_)。乙方应于签订本协议的当日支付(或补足至)定金计人民币壹拾万元整(RMB100,000.00元_)。 Both parties agree that the total amount of the deposit is RMB 100,000.00 ; Party B shall pay the deposit of the amount RMB 100,000.00_ on day of signing this agreement. 甲方账号如下: Party A’S bank accout as below: 开户行: Bank: 户名: Name: 账号: Account: B.甲,乙双方约定于 20xx 年 3 月 16 日前签订《上海市房地产买卖合同》(以下简称“该买卖合同”)并申 请办理公证手续,乙方应于签订该买卖合同当日支付甲方首期房价款计人民币贰佰零陆万元整 (RMB_ 2,060,000.00 元_)。(包含定金) Both parties shall sign and notorise the Shanghai Real Estate Sale & Purchase Contract contract (hereafter called the Contract) before 16/3/20xx_. Party B shall pay the first Payment of the amount RMB 2,060,000.00_on the day of signing the Contract(inclusive of the deposit). 甲方账号如下: Party A’S bank accout as below: 开户行: Bank: 户名: Name: 账号: Account: C. 双方在此确认:本协议下乙方应支付给甲方的第二期房价款计 元_)可以由乙方通过向银行申请购房抵押贷款的形势支付,乙方应于支付首期房价款后的 40 _个工作日内,完成贷款审批手续,若银行贷款审批额度不足,乙方应于办理产权过户手续当日补足。 Party B may pay the second payment of the amount RMB_ 5,040,000.00 _in the way of mortgage Loan. Party B shall complete the mortgage application procedure within 40 _ working days after first payment. If the amount of mortgage approved by the bank is less than the second payment, Party B shall top up the difference when the title is transferred. D.甲方应于 / 年 / 月 / 日前完成提前还贷及抵押登记注销手续。 Party A shall repay all outstanding mortgage and cancel the current mortgage registration before/ E. 待完成上述款项所述事项后的 5_日内,甲乙双方应前往房地产交易中心申请办理交易之产权过户,抵押登记手续,并缴纳相关税费。 Both Parties shall go to the Property Exchange Center to apply for the transfer of title and registration of mortgage within 5_ days after the aforesaid has been done ,and pay the prescribed tax and fees. F.待过户当日,甲方安排把所有住户搬离此物业并迁出所有户口(若有),然后与乙方办理交房手续,同时乙方支付甲方房价尾款计人民币壹拾万元整整_(RMB100,000.00)。 Party A shall vacate all tenants and remove all the residence registration on the day of transfer of title, and then deliver the property to Party B. Party B shall pay the last payment with the amount RMB 100,000.00 to Party A. 5、待双方签定本协议第4条第B款所述之《上海市房地产买卖合同》生效后,本协议自行终止,甲,乙双方应按买卖合同所列条款履行。 When the Contract takes effect, this agreement is terminated immediately. Both parties shall observe the Contract. 6、甲、乙双方同意,涉及本交易的各项税费由甲、乙双方按国家政策、法规的`规定承担。甲、乙双方同意本协议第4条第B款所述之《上海市房地产买卖合同》公证出来后3个工作日内甲乙双方应前往该房屋所在房地产交易中心申请缴纳税费。 Both parties agree that they shall bear the fees and taxes according to the laws. Both parties shall observe the Contract that they go to the Property Exchange Center and pay the fees and taxes within 3 workdays after the Contract be notarized . 7、双方约定,本协议履行过程中,若因国家政策未获批准导致乙方无法购买该房地产的,双方同意解除本协议互不承担违约责任。甲方应在收到本协议终止后的_ 5 个工作日内退还乙方已支付的房款(含定金)。 If it is due to government actions which cause Party B not be able to purchase the property, both Parties agree to terminate this agreement without any breach by any party. In such an event Party A shall return any amount paid by Party B within _5_ working days after the agreement is terminated. 8、在本协议履行的过程中,若因甲方原因导致本协议无法履行,甲方应双倍返还定金;若因乙方原因导致本协议无法履行,乙方已支付的定金由甲方没收。 During the course of this agreement, if Party A breaches the agreement, Party A shall return the deposit in double; if Party B breaches the agreement, the deposit paid by Party B shall be forfeited. 9、签订本协议后,甲、乙双方任何一方或双方未能履行本协议,导致双方的买卖合同无法签署的,违约方应向丙方支付违约金,违约金数额为本协议第2条所述房价款的2%。 After signing this agreement, if either Party A or Party B or both paties fail to carry out this agreement, leading to the Shanghai Real Estate Sale & Purchase Contract not able to be signed, the party in breach of the agreement shall pay the penalty to Party C. The penalty is 2% of the actual price as contained in Article 2 of this agreement. 10、本协议用中文和英文写成,两种文字具有同等效力。上述两种文字如有不符,以中文本为准。 This agreement is written in Chinese and English, both versions should be equally valid. If there are differences between the two versions, the Chinese version shall prevail. 11、本协议一经甲、乙双方或其各自合法授权代表签字立即生效,本协议一式三份,甲、乙双方各执壹份,中介方执壹份。 This agreement is signed in three duplicates, all of which are of the same legal effect. Each party shall hold on to one duplicate . 出卖方(甲方) 买受方(乙方) The Seller(Party A):The Buyer(Party B): 护照号码/身份证号码:护照号码/身份证号码: Passport/ID No: Passport/ID No: 国籍:国籍: Nationality: Nationality: 居间方:上海志远房地产经纪有限公司 (以下简称“丙方”) The Agent:SHANGHAI ZEAL REALTY CONSULTANT CO.,LTD. (hereinafter called Party C) 地址:上海市长乐路1219号长鑫大厦12楼(200031) Address:12F, 1219 Chang Le Road, Changxin Tower, Shanghai (200031) 英文合同模板集锦 篇26有限公司(以下简称甲方)系外商投资经营企业,现聘用 (以下简称乙方)为甲方合同制职工。根据《劳动法》和《上海市劳动合同条例》以下简称(条例),甲乙双方本着诚信、平等、协商的原则,一致同意签定本合同。 (hereinafter referred to as “party A”) is a foreign- invested enterprise and employs hereinafter referred to as “party B”) as an employee by contract, according to the“labor law” and the “ordinance on shanghai labor contract”, (hereinafter referred to as “regulation”), both parties agree to sign the contract on the principle of good faith, equality and consultation. 第一条 合同期限 article 1 term of the contract 合同有效期限自 至 止,为期壹年。其中 至 为试用期。 The term of contract starts as from to ; totally one year(s). the probation period thereof is as from to . 第二条 工作岗位 article 2 work position 1乙方应从事办公室经理工作。乙方将按照甲方的要求工作。其基本职责如下: (1)人力资源 (2)自德国总部进口产品 (3)日常办公室事务处理 (4)观察收集市场信息 (5)客户服务 (6)会计相关信息支持 (7)销售团队相关信息支持 (8)仓库管理,包括货物和样品管理 Party B shall engage office manager in. party B shall perform his duties according to instructions of party A. party B’s basic duties are detailed as follows: (1)labor management (2)import the products from German headquarter (3)manage the daily office routine (4)monitor and collect market information (5)customer service (6)support accountant with relevant information (7)support the sales team with relevant information (8)warehouse management ,including the goods and samples. 2. 甲方因工作安排需要和根据乙方的工作能力和工作表现,可随时更改乙方劳动报酬,但应在国家法律规定的范围内。 According to the needs of work, the work ability and the work performance of party B, party A can change the income of party B at any time, but subject to the regulations made by the state. 3.如果甲方认为乙方的工作能力和工作表现不符合本条第1款规定的工作要求,甲方有权在任何时候调换乙方的工作岗位、工作地点及劳动报酬,或解除本劳动合同。 If party A thinks that party B’s work ability and work performance can not meet the requirements under item 1 of this article , party A has the right to change party B’s work position, the location of working, the income, or terminate the labor contract at any time. 第三条 工作条件和劳动保护 article 3 working conditions and working protection 甲方须为乙方提供符合国家规定的安全卫生的工作环境,并向乙方提供必要的劳动防护用品。 Party A shall provide party B with the safe and healthful working environment and essential working protection according to the prc regulations. 第四条 工作时间 article 4 working time 1. 乙方每天和每周工作时间参照甲方有关规定。 The daily and the weekly working time refer to party A’s relative regulations. 2.乙方享有国家规定的法定节假日、年假和其他法律法规和员工手册规定的假日。 Party B is entitled to mandatory public holidays, the annual leave and other leaves according to laws and regulations and labor handbook. 3.乙方为甲方工作满12个月后,乙方每年可享有10天带薪休假;工作满五年后每年享有15天带薪休假;满十年后每年享有20天带薪休假。乙方要休假时,应提前壹个月向甲方提出书面申请,得到甲方书面批准后,乙方才可休假。但员工每年可以享有最多五天的`跨年度带薪休假。跨年度休假必须在第二年第一季度最后一天前休完。 After working for party A for 12 months, party B is entitled to 10 days annual leave with full income each year. after working for party A for 5 years, party B is entitled to 15 days annual leave with full income each year. after working for party A for 10 years, party B is entitled to 20 days annual leave with full income each year. when party B wants to have a vacation, party B should provide an application in writing one month in advance. upon the written approval from party A, party B may have a vacation with full income. but party B may enjoy at most five days’ trans- year annual leaves that shall be completed by the last day of march in the next year. 第五条 劳动报酬 article 5 compensation 1. 乙方收入参照本合同中附件1的规定。甲方实行新的工资制度时,乙方的工资待遇按新的制度予以调整。 The income of party B is set out in appendix i of this contract. the income of party B will be adjusted accordingly when party A carries out a new income system. 2. 甲方实行年12个月薪金制,工作满一年后,每年十二月份发双薪。发薪日为第二个月的5号左右。甲方视乙方在服务的上一年中的表现和甲方的财务状况决定乙方是否享有年终奖金。乙方若在得到年终奖金后的六个月内辞职的,应在其离开公司前返还其全额年终奖金。 Party A carries out a system of 12 months’ income each year,after he or she have worked for one year,he or she can get the double salary in decmber of each year. the day of payment is about the 5th day of the next month. the annual bonus is subject to party A’s financial situation and party B’s work performance in the previous year. if party B resigns within 6 months after party B received the annual bonus for the previous year, party B shall refund this bonus back to party A before party B leaves the company. 第六条 劳动保险和福利待遇 article 6 insurance and welfare 乙方因生、老、病、伤、残、死,甲方按国家和地方有关规定办理。 If party B gives birth, retires, falls in sickness, is injured, disabled, died, party A shall deal with it according to the national and local regulations relating to birth, pension, sickness, injure, disability and death. 第七条 劳动纪律及奖惩 article 7 working regulations, reward and punishment 1. 乙方应遵守国家的法律法规,并遵守甲方的各项规章制度。 Party B should abide by the law and regulations and the internal rules made by party A. 2. 乙方被依法追究刑事责任的, 合同自动解除。 this contract shall be terminated automatically if party B is accused by criminal charge. 3.未经甲方书面同意,乙方不得在外兼职,也不能在任何情况下使用或准许他人使用其为甲方工作期间所获得的任何信息,包括但不限于,泄漏任何技术,市场或财务文件或信息给第三方。任意此类违反将被视为严重违反合同,一经发现,乙方应向甲方支付违约金50,000元人民币。如造成甲方的经济损失,乙方应当承担赔偿责任。 Without the writing approval by party A, party B shall neither have a part time job outside at the same time nor in any form use or permit any person to use any information obtained during the period of its working for party A, including but not limited to, divulging or leaking any technical, market or financial documents or information to any third party. any disobey shall be considered as the serious breach of the contract. once found out, party B shall pay a penalty fee, amounting to 50,000 yuan to party A. if such breach causes the losses of party A, party B shall bear all liability for compensation. 4.对于甲方为了业务需要给予乙方的预支款,一般情况下,乙方应在预支后的十个工作日内提供甲方要求的结算凭证,返还剩余预支款,与甲方完成结算;无论如何,该预支款应在预支后一个月内结算完毕。 As to the advance granted by party A to party B for the business needs, in the normal case, party B shall provide invoices or bills for settlement required by party A, refund the remainder and complete the settlement with party A within ten working days from the date of the granting; in any event, such advance shall be settled in one month from the date of the granting. 第八条 合同的解除 article 8 terminate of the contract 1. 符合下列情况之一(除了第四项),甲方可以无需事先通知乙方解除本合同: If any following situation (exclusive of item 4) occurs, party A has the right to terminate the contract without the notice in advance; (1)在试用期内,甲方可无条件辞退乙方; During the probation, party A may dismiss party B without any reason at any time; (2)甲方认为乙方因严重违反劳动纪律或规章制度的; Party A thinks that party B seriously violates the working discipline and stipulations; (3) 乙方严重失职、营私舞弊、泄露重要商业信息; Party B has serious neglect of duty,jobbery or leak out of important business information; (4) 甲方认为乙方工作表现及能力不能达到本合同第二条第一款的要求; Party A thinks that party B’s work performance and ability cannot meet the requirements under article 2 item 1 hereunder; (5) 如果乙方严重违反最新>及其他不时制定的规章制度。 If party B seriously violates any rules or regulations set out in the latest version of “labor handbook” and internal rules stipulated from time to time. 2. 符合下列情况之一的,甲方不得解除本合同,但本合同第八条第一款规定和法律法规规定的情况除外。 If any following situation occurs, party A has no right to terminate the contract, but except the situation set out in article 8 item 1 and laws and regulations. (1) 乙方因病或非因工负伤在规定的医疗期内。 If party B is sick or injured, party A has no right to terminate the contract during the treatment or convalescence period. (2) 实行计划生育的乙方(指女方)在孕期、产期和哺乳期间。 During the period of the pregnant, giving birth and lactation of party B who abide by the birth control regulation of prc. 3. 乙方提出辞职的。应提前以书面形式向甲方提出申请。未经甲方书面批准,乙方不得辞职。甲方只有在每年下述两个时期对乙方辞职申请进行答复。该两个时期为每年五月至六月(针对去年十一月至当年四月提出的申请),十一月至十二月(针对当年五月至当年十月提出的申请)。 在甲方批准乙方的辞职,乙方将工作项目与甲方交接后,并将所使用的所有仪器、工具以完好,清洁,功能正常的状态返还给甲方后,方可办理解除或终止合同的手续,但是前提是乙方还应自甲方接受其辞职后根据甲方要求,继续为甲方工作二个月,除非甲方放弃该权利。该二个月期满后,双方劳动关系最终解除或终止,乙方所享有的所有待遇如工资都即刻终止,其放弃提出任何经济要求。如果乙方不按照上述规定办理离职手续,在劳动关系正式解除前未经甲方同意即停止工作或不办理交接,即视乙方放弃所有根据法律和合同其享有的权利和待遇,如休假、任何补偿金等,甲方也不再对乙方负有任何责任,并有权追究其违约责任。 If party B wants to resign, she should provide party A with a written application in advance. without the written approval, party B is not allowed to resign the job. party A only makes a reply in response to party B’s application of resignation during the following two periods, which is the period from may to june and the period from november to december each year, respectively. the reply during the period from may to jun each year is made for the application provided in the period from november last year to april this year. the reply during the period from november to december each year is made for the application provided in the period from may to october this year. after party A approves, in writing, the resignation, party B handed over the works it is responsible for to party A and delivered all working tools used by party B in complete, clean, and good condition back to party A, party B can be allowed to go through the procedure of terminating the contract, provided however that per requirements of party A, party B shall continue working for party A for two months as from the date of the acceptance by party A of his resignation, unless party A waives the right of such requirement. when such two months expires, the contract is formally terminated, any claim and right enjoyed or had by party B, such as income claims, shall be deemed as termination or expiration. party B gives up all rights of any claims against party A. if party B fails to handle the procedure of resignation stipulated above, stop working for party A or reject handing over his works to party A without the consent of party A before the formal termination of labor contract, such activities of party B shall be deemed as the waive of any right and claims party B enjoys or provides according to the labor contract and laws, such as holidays and severance payment in all kinds, and therefore party A has no any liability to party B and has the right to take action against it. 4. 甲乙双方任何一方提出解除合同,应提前壹个月书面通知对方 ( 本合同第8.1和 9.3条规定的情况除外)。该书面通知原则上应由双方签字。如接受通知一方不同意签字,则通知方可将该通知以挂号信的方式邮寄至下述对方地址即视为送达。但按照本合同第8.1条(1)、(2)、(3)、(5)项规定解除劳动合同的不必提前通知对方除外。 If any party wants to terminate the labor contract, a written notice should be given to the other party 1 month in advance (exclusive of any one of article 8.1 and article 9.3). both parties should sign on this notice in principle. if the party receiving the notice is not willing to sign this notice, the notifying party shall post the notice by registered letter to the other party At the following address, which shall be deemed as delivery. according to any one of article 8. regulation 1. item (1),(2), (3),and (5),a written notice in advance is not required to be given by one party to the other party. party A’s address: 第九条 双方约定其他条款 article 9 other provisions agreed by parties 1. 在合同期间,所有与甲方雇用有关或执行甲方的任务或者主要是利用甲方提供的条件所完成的发明创造和成绩,无论是通过脑力或体力,均属职务发明创造,归甲方所有,未经甲方批准不得以乙方名义申请专利,不得对外公开或交付其他方使用。 All inventions and other achievements of party B whatever through intellectual as well as physical, which are made during and in connection with the employment at party A, or for completing the assignment of party A, or by the condition provided by party A, shall be deemed as employment invention and achievement and therefore belong to party A. without the approval by party A, party B shall not apply for patents and make it public and use it by other methods in the name of party B. 2. 对于甲方在本合同期内向乙方提供的培训,乙方应遵守甲方的培训规定, 并不得向第三方泄露培训涉及的事宜. For each training provided by party A to party B during the term of the contract, party B shall follow the traininging instructions of party A strictly. any information provided relating to such training is not allowed to be disclosed to any third party. 3.乙方掌握甲方生产技术,专利,经营等商业秘密的,其不得向任何第三方透露任何与上述有关的信息,即使在合同终止或解除后。如果乙方在要求解除劳动合同时,应提前6个月向甲方提出书面申请,以便甲方进行必要的岗位调整,乙方同意在该期间内的工资按照调整后的岗位工资标准计算。 Where party B has access to technical, patent or management secrets, it is strictly forbidden for party B to leak out any of these information to any third party, even after termination of this contract. if party B wants to terminate this contract he should notify party A 6 months in advance with written resignation letter so that party A may move the position of party B. party B agrees that during said period, the income of party B is calculated according to the income standard for new position for party B. 第十条 违约责任 article 10 breach liability 1. 乙方违反本合同第八条第3款和第4款规定的时限解除劳动合同,必须支付相当于乙方一个月收入的赔偿金。 If party B violates the provisions relating to the time for terminating the contract prescribed in article 8. regulation 3 and 4 to terminate the contract, such party shall pay one-month income of party B to the other party As compensation. 2.无论双方以任何形式解除劳动关系,乙方必须及时根据甲方的要求办理完整工作交接手续,否则甲方将要求乙方支付相当于乙方一个月收入乘以乙方在甲方工作年限数的赔偿金。 Party B shall completely hand over the job in time to party A no matter under which condition to terminating the contract, otherwise party B should pay party A a compensation, amounting to one month income of party B multiplying the amount of years party B has been working for party A. 3. 乙方如违反本合同第九条任意一款,乙方必须支付甲方至少50,000元人民币。 If party B violates any regulation of article 9. party B shall pay at least 50,000 rmb a penalty to party A. 第十一条 劳动争议 article 11 dispute 本合同在上海签订. 甲乙双方发生劳动争议时,由争议的一方或双方向上海市 区劳动争议仲裁委员会申请仲裁。 this contract is signed by both parties in shanghai. if any dispute arises between party A and party B, the dispute can be solved by applying for arbitration with the district’s labor arbitration committee of shanghai. 第十二条 其他 article 12 miscellaneous 1. 本合同一式二份,甲乙双方各执一份,经甲方法定代表人或授权人签字和乙方签字并加盖甲方公章后生效。两份合同具有同等的法律效力。双方间的劳动关系正式从乙方的招工录用手续办理完毕之日起开始计算。 The contract is made in 2 originals, each party holding one. this contract becomes effective upon the execution of the legal representative of party A or authorized persons and party B, together with the company seal of party A. both originals have the same legal force. the labor relationship between both parties shall formally commerce as from the date of the completion of recruitment of party B. 2. 本合同签署后,乙方应配合甲方办理其招工录用手续。如因乙方个人原因导致招工录用手续无法及时办理完毕,乙方应承担由此引起的一切后果。 After the execution of this contract, party B shall cooperate with party A to handle the procedure of recruitment. in the event that party B’s personal reason causes the failure of completion of such recruitment, party B shall bear all liability incurred. 3. 如果与合同条款有关的国家法律法规有所变更, 该合同其他部份将继续有效。 If any clause or regulation of this contract is or will become invalid due to the change of national laws and regulations, the rest of this contract will remain valid. 4.甲方不时制定或修改的规章制度及《员工手册》是本合同的组成部分。 The internal rules and employee handbook stipulated or modified by party A from time to time constitute a part of this contract. 甲方: party A: 代表: representative: 盖章: stamp 乙方 party B: 身份证号码 英文合同模板集锦 篇27contract 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. 英文合同模板集锦 篇28买 方: (The ;Buyers) 卖方: (The Sellers) 兹经买卖双方同意按照以下条款由买方购进,卖方售出以下商品: 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) 商品名称: Name of Commodity: (2) 数 量: Quantity: (3) 单 价: Unit price: (4) 总 值: Total Value: (5) 包 装: Packing: (6) 生产国别: Country of Origin : (7) 支付条款: Terms of Payment: (8) 保 险: insurance: (9) 装运期限: Time of Shipment: (10) 起 运 港: Port of Lading: (11) 目 的 港: Port of Destination: (12)索赔:在货到目的口岸45天内如发现货物品质,规格和数量与合同不附,除属保险公司或船方责任外,买方有权凭中国商检出具的检验证书或有关文件向卖方索赔换货或赔款。 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:由于人力不可抗力的原由发生在制造,装载或运输的过程中导致卖方延期交货或不能交货者,卖方可免除责任,在不可抗力发生后,卖方须立即电告买方及在14天内以空邮方式向买方提供事故发生的证明文件,在上述情况下,卖方仍须负责采取措施尽快发货。 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 acceptancea certificate of the accident. Under such circumstances the Sellers, however, are still under the obligation to take all necessary measures to hasten the deliveryof the goods. (14)仲裁:凡有关执行合同所发生的一切争议应通过友好协商解决,如协商不能解决,则将分歧提交中国国际贸易促进委员会按有关仲裁程序进行仲裁,仲裁将是终局的,双方均受其约束,仲裁费用由败诉方承担。 Arbitration : All disputes in connection with the execution of this Contract shall be settled friendly through negotiation. in case no settlement can be reached, the case then may be submitted for arbitration to the Arbitration Commission of the China Council for the Promotion of International Trade in accordance with the Provisional Rules of Procedure promulgated by the said Arbitration Commission . the Arbitration committee shall be final and binding upon both parties. and the Arbitration fee shall be borne by the losing parties. 买方: 卖方: (授权签字) (授权签字) 【拓展延伸】 1.前言 Preamble 一份标准英文合同通常可以分为前言(Preamble)、正文(Operative part)、附录(Schedule)及证明部分即结束词(Attestation)四大部分组成。 前言(Preamble)由“Parties”及“Recitals”两部分组成。 “Parties”为必备条款,在很多时候称为“commencement”即合同的开场白,主要介绍合同各方的名称或姓名、注册地及地址、邮编及在合同中的简称。当然,并不是所有的合同都要详细介绍以上诸要素,在许多简单合同中,只是提一下各方的名称。 I. 以下为“Parties”的常用表达方式: 1. This Agreement is entered into by and between ____ and ____. 本协议由以下双方____和___ 签署。 2. This Agreement is entered into by and between ____ (hereinafter referred to as____) and ____ (hereinafter referred to as "_____"), whereby it is agreed as follows: 本协议由以下双方____(以下简称____)和_____(以下简称___)签署,达成如下协议: 注:在很多合同中,这部分加入签约事由,如: This Agreement is entered into through friendly negotiations between _____ Co. (hereinafter referred to as the “Party A”) and _____ Co. (hereinafter referred to as the “Party B”) based on equality and mutual benefit to develop business on the terms and conditions set forth below: 本协议由_____(以下称为甲方)和____(以下称为乙方)为发展业务在平等互利的基础上签订,其条款如下: This Agreement is entered into between _____ (hereinafter referred to as "Company"), and ______, (hereinafter referred to as "Employee") pursuant to paragraph VIII(2) of the Employee Handbook, whereby it is agreed as follows: 本“协议”由_____(以下简称“公司”)与_____(以下简称“雇员”)根据“雇员手册”第VIII(2)款签署,“协议”内容如下: II. 以下为标准的“Parties”条款: 3. This Agreement is made and entered into this _____th day of _____ in the year of ____ by and between ______, a company duly organized and existing under and by virtue of the laws of ______, with its principal place of business at _____ (hereinafter referred to as “_____”), and ______, a company duly organized and existing under and by virtue of the laws of _____, with its principal place of business at _____ (hereinafter referred to as “_____”), whereby it is agreed as follows: 本合约由______,在_____法律之下并凭该等法律正式组织并存在的公司,其主要营业地点在______(下称_____),与_____,在_____法律之下并凭该等法律正式组织并存在的公司,其主要营业地点______(下称代理人),于_____日签订和缔结,协议如下: III. “Recitals” 由数个以"Whereas"字样开头的句子所组合而成(这些句子俗称为“Whereas Clauses”),表示当事人乃是在基于对这些事实(例如订约的目的、背景来由等)的共同认识,订立此合约。 4. This Agreement is made and entered into this _____ day of _____ in the year of ____ by and between _______, a company duly organized and existing under and by virtue of the laws of ______, with its principal place of business at ______ (hereinafter referred to as “_____”), and ______, a company duly organized and existing under and by virtue of the laws of ______, with its principal place of business at ______ (hereinafter referred to as “_____”) WITNESSED WHEREAS, NOW THEREFORE, the parties hereto agree as follows: 本合约由_____,在_____法律之下并凭该等法律正式组织并存在的公司,其主要营业地点在______(下称_____)(或下称供应商),与_______,在_____法律之下并凭该等法律正式组织并存在的公司,其主要营业地点_ 鉴于 因此,双方当事人达成以下协议: 注:WITNESSED可以用WITHNESSTH、WITHNESSTH THAT等来代替。 IV. 在很多美国常用合同中,在很多情况下直接用RECITALS引导数个陈述语句或“Whereas Clauses”。下面为一个资产购买协议实例: This ASSET PURCHASE AGREEMENT (the "Agreement") is made and entered into as of May 19, 1997 by and among AAA, a Delaware corporation ("AAA"), BBB, a Delaware corporation and wholly-owned subsidiary of AAA ("Buyer"), CCC ("Summit"), and DDD, an Oregon corporation and wholly-owned subsidiary of Summit ("Seller"). RECITALS A. The Boards of Directors of each of Summit, Seller, AAA and Buyer believe it is in the best interests of each company and their respective security holders that Buyer acquire certain listed assets and assume certain listed liabilities of Seller (the "Acquisition"). B. On the date hereof, Buyer has executed a $2,000,000 irrevocable purchase order to purchase 400 time-based licenses for Summit's Visual HDL interfaces for Visual Test bench ("VTB") software on AAA's standard form of purchase order, which is payable within five (5) business days after the date hereof. NOW, THEREFORE, in consideration of the covenants, promises and representations set forth herein, and for other good and valuable consideration, the parties agree as follows: 2. 定义 Definition 在正文(Habendum)部分,通常第一章为定义(Definitions)部分。 定义条款即对合同中涉及的术语及名词作出限定、解释的条款。它可以散见于合同各个部分,但对于一些大型的、重要的合同,通常将其置于第一章。 I. 常见的定义语句常用mean, refer to, be construed as, include等来表达。如: 1. "Territory" means the United States of America.“销售地区”是指美利坚合众国。 2. “Commencement date” shall mean the date of signing this agreement by the last signing party hereto. “协议生效日”是指本“协议”最后签字的一方签署本“协议”的日期。 3. The “agreement” herein referred to shall mean this agreement of agency by entrustment. “协议”在这里是指本委托代理协议。 4. “Code” shall refer to the current and applicable Internal Revenue Code. “法”是指当前可用的国内税收法。 5. Reference to any statutory provision shall be construed as a reference to the same as it may have been, or may from time be, amended, modified or re-enacted. 引用法律规定理解为引用其本身外,还包括其修订、修正或重新实施案。 6. "Expenses" include costs, charges and expenses of every description. “费用”包括各种形式的金钱支出。 II. 还有一类特殊的定义语句,即对于「单、复数」及「阴、阳性」名词的范围定义。通常都是用include来表达: 1. "Stock Certificate" includes "stock certificate" and "stock certificates". 合同中的“股票”,包括单数与复数。 2. "He" includes "he" and "she". 合同中的“他”,包括“他”与“她”。 3. Words using the singular or plural number also include the plural or singular number. 采用单数或复数的单词也包括复数或单数。 III. 定义语句中,有时需限定范围。而通常用得最多的是:“for the purpose of ”及“in relation to” 某概念的定义条款,如果适用范围仅限于合同的“特定部份”,可以用“for the purpose of ”来为定义条款起头。而如果定义条款是针对合同的“特定概念”,就用“in relation to”来界定。如下例: 1. For the purpose of this Agreement, "Products" means all types of the machineries manufactured by Manufacturer as are specified in Attachment A hereto. 本协议所称的“产品”,指制造人所制造如附件A表列之各式机器。 2. "Address" means- (a) 就自然人而言in relation to an individual, his usual residential or business address; and (b) in relation to a corporation, its registered or principal office in the Republic of China. “地址”就自然人而言,指通常之居所或工作场所;就公司而言,指位于中华人民共和国之注册所在地或主营业所。 IV. 在定义条款中,在定义语句前有时会加上一些陈述语句来引导,如: 1. For the purpose of this Agreement, each of the following terms shall have the following meaning respectively: 就本合同的目的而言,下列各用语,分别具有下述意义: 2. In this Agreement, the following words or expressions shall have the meanings given to them respectively below: 本协议内所用词句的意义,明确阐述如下: 3. In this agreement unless the context otherwise requires, the following words and expressions shall have the meanings assigned to them hereunder: 除非本“协议”有明确规定,下列词语应当具有如下规定之意义: 4. The following are the definitions of various terms used in this Agreement: 本“协议”使用之术语定义如下: 3. 有效期 Period of validity 有效期(Term)条款通常规定合同的有效期限,何时生效及到何时结束,合同结束后必要时如何延展等等。 I. 以下为“Term”的常用表达方式: The term of this contract is for a _____ year period.合同的有效期为_____年。 如:The term of this contract is for a one (1) year period. 2. The contract is for a _____ month period, commencing _____. 合同的有效期为_____月,开始于______。(期限) a. The contract is for a 12 month period, commencing September 17, 20xx thru September 16, 20xx. b. The contract is for a 6 month period, commencing 4-1-03 and ending 9-30-20xx. 3. This agreement remains valid for _____ year(s), i.e. commencing on ______, _____and terminating on ______, _____. 本协议在_____年之内有效,即从_____年_____月_____日起生效,_____年_____月_____日起到期。 4. The contract term is hereby extended for the period____. 合同的有效期为_______。 如:The contract term is hereby extended for the period____ in accordance with Section E, Paragraph 10, Term of Contract and Contract Extension. II. Term条款除了规定合同的期限外,通常另外合同期限的延展“Extension”。 1. The contract period is for _____ year with option to re-new for _____ year. 合同有效期为_____年,同时可以选择延长_____年。 2. The contract is for a _____ month period, commencing _____. The contract may be renewed for up to _____ year option periods. 合同的有效期为_____月,开始于_______,同时可以选择延长_____年。 3. This agreement shall commence on the commencement date and shall endure for a continuous period of _____ years. Thereafter it will be automatically renewed for successive periods of _____ years on the same terms and conditions unless one of the parties had given _____days notice of termination. 本协议应自生效日生效并在_____年内有效。此后,除非一方当事人提前_____天书面通知对方当事人终止本协议,本协议有效期自动延长_____年,协议条款不变。 III. Term条款并没有十分固定的表达方式,以下即是一些合同中Term的实例: 1. This Agreement shall be valid and remain in force for a period of three (3) years commencing from the date appearing first above written upon the signing of both Party A and Party B and shall be extended for another period of three (3) years on the same terms and conditions unless either of the parties hereto gives the other party at least thirty (30) days prior written notice to terminate this Agreement prior to the expiration of the original term. 本合约须从上面首次写明的甲方和乙方签订本约的日期起生效并保持效力三年,并将按同样条件延长三年,否则与约任何一方至少须在原定时间期满前三十天给予另一方提前终止本合约的书面通知。 2. At any time and from time to time during the period commencing on the date hereof and terminating on ______, 20___, party A may in writing advise party B. 自本协议签订之日起到______年______月协议终止这段期间内,甲方可随时以书面形式通知乙方。 3. The term of this Agreement shall be three years from the effective date, unless terminated in accordance with Article VI- (3) and Article IX. 本合同的期限除非根据第8条第3款及第9条的规定终止外,有效期为3年。 4. The contract is valid from _______ until _______. The contract period is automatically extended for any leave of absence allowed for in law. 合同的有效期为从______到_____。 5. The term of this Agreement shall commence on the _____ day of _____ and end on the _____ day of _____ Upon expiration of the above initial term, this Agreement shall automatically be renew and extended for a like period of time unless terminated in writing by either party _____ days prior to the date for such renewal. 本协议期限为__年____月____日至__年___月___日。除非续订日前_____天一方以书面方式提出终止,否则上述首期届满后,协议应自动续订,延长时间与前期相同。 4. 不可抗力 Force Majeure Force Majeure条款是一种免责条款,即免除由于不可抗力事件而违约的一方的违约责任。一般应规定的内容包括:不可抗力事件的定义(Definition of Force Majeure)以及不可抗力事件的后果(Consequences of Force Majeure) 。在Force Majeure条款中,两者属于因果关系,难以截然分开。 I. 对于Force Majeure的定义,《合同法》定义如下: 本法所称不可抗力,是指不能预见、不能避免并不能克服的客观情况。 For purposes of this Law, force majeure means any objective circumstance, which is unforeseeable, unavoidable and insurmountable. II. 以下是Force Majeure条款的举例: 1. Neither party shall be responsible for delays or failures in performance resulting from acts or facts reasonably beyond the control of that party. 任何一方不应对因其无法控制之行为或事实造成协议延迟履行或不履行承担任何责任。 2. Either Party shall not be liable for any delay caused by any unpredictable factor or any factor which is unavoidable or insurmountable by reasonable means at the time of conclusion of this Agreement, or any loss caused by failure in fulfillment of obligations as stipulated herein. 协议任一方无须对因任何在本协议签订时无法预见或以合理手段也无法避免或克服之原因造成的迟延或不履行本协议之义务所造成的损失承担责任。 注:以上采用的是类似《合同法》概括的定义方法。而合同为不可抗力定义时更多地采用列举的方法。 3. Neither party of this Agreement, directly or indirectly owing to any causes or circumstances beyond its control, including Acts of God, Governmental orders or restriction, war, warlike conditions, revolutions, strike, lockout, fire and flood. 本合同任何一方当事人对直接或间接地由于其无法控制的原因或情况包括自然灾害、政府命令或限制、战争、战争状态、革命、罢工、工厂被关闭、火灾、水灾等而未能履行或延迟履行合同或合同一部分的行为,不负任何责任。 注: Acts of God通常也译为“不可抗力”,但主要是指自然灾害;而Force Majeure则包括自然及人为两方面。 4. Neither party will be liable for nondelivery, misdelivery or late delivery (other than the payment of money due hereunder) caused by circumstances beyond its reasonable control, including, among others, war, civil strife or commotion, riots, strikes, fires, floods, acts of God, inability to obtain materials, failure of carriers or compliance with any law, regulation or governmental order. 任何当事人将不会为任何因为不可控制的情况产生的未交付货物、交付错误或延迟交货(除了支付应付款)。不可控制的情况包括战争、国内斗争或*乱、骚乱、罢工、火灾、洪灾、自然灾害、无力获得材料、承运人的失误、遵守法律、法规或政府令。 5. Should either of the parties to the contract by prevented from executing the contract by force majeure, such as earthquake, typhoon, flood, fire and war and other unforeseen events, and their happening and consequences are unpreventable and unavoidable, the prevented party shall notify the other party by cable without any delay, and within 15 days thereafter provide the detailed information of the events and a valid document for evidence issued by the relevant public notary organization for explaining the reason of its inability to execute or delay the execution of all or part of the contract. Both parties shall, through consolations, decide whether to terminate the contract or to exempt the part of obligations for implementation of the contract or whether to delay the execution of the contract according to the effects of the events on the performance of the contract. 由 于地震、台风、水灾、火灾、战争以及其它不能预见并且对其发生和后果不能防止或避免的不可抗力事件出现,致使直接影响合同的履行或者不能按约定的条件履行 时,遇有上述不可抗力的一方,应立即电报通知对方,并应在十五天内,提供不可抗力详情及合同不能履行、或者部分不履行、或者需要延期履行的理由的有效证明 文件。此项证明文件应由事故发生地有权证明的机构出具。按其对履行合同影响的程度,由双方协商决定是否解除合同,或者部分履行合同,或者延期履行合同。 6. Force majeure shall hereof consist of the following events: 下述事件构成不可抗力: Where such cases as war, earthquake, serious windstorms, snow, or fire or other events which no party can foresee and prevent from happening occur; 发生战争、地震、严重的风灾、雪灾、火灾或其他各方无法预见、无法抗拒的事故。 The related laws and regulations in collection with the execution of duties by any party to this Agreement undergo changes, under which this Agreement will be illegal or the transfer cannot be fulfilled. 自本协议签订之日起与本协议任何一方履行本协议相关的法律、法规发生变更致使本协议非法或转让行为无法完成。 In event of the occurrence of the above-mentioned events, if any party (hereinafter referred to as the “Effected Party ”) has been delayed or deterred from performing the duties of this Agreement in the course of its execution, the Affected Party shall be free from any liabilities for breach of the agreement and for compensation. 在发生本协议不可抗力事件之后,任何一方(以下简称受影响方)在履行本协议义务时受到拖延或不能履行时,受影响方不承担任何违约责任及赔偿责任。 In event of the force majeure, the affected party shall, within _____days from the date of the occurrence, notify the other party of the impact of such events on the execution of the duties in this Agreement, by telex, telegraph or in any other lawful written form, and simultaneously submit the relevant official credentials concerning the force majeure herein. 在发生不可抗力事件时,受影响方应自不可抗力事件发生之日起_____天内以电传或电报或其他任何合理书面方式,通知另一方有关不可抗力的发生和不可抗力对其履行本协议的义务的影响,同时应呈交不可抗力的有关官方证明。 Should the effect of the force majeure cases last more than _____ days, both parties shall consult each other about the alterations of this Agreement; in case they fail to reach an agreement, Chapter 8 shall thereupon apply. 在不可抗力事件延续_____天后,双方必须磋商本协议的变更,双方未能协商一致的,适用本协议第八章的规定。 7. Force Majeure不可抗力 (1) No party to this Contract shall be liable to the other party for any failure of or delay in performance of its obligations hereof nor be deemed to be in breach of this Contract, if such failure or delay has arisen from "force majeure." 如果任何一方因不可抗力而款能履行或推迟履行其义务,则不对另一方负责,也不应视作违反合同。 "Force Majeure" means circumstances and conditions beyond the control of either parties, that would render it impossible for either the Owner or the Contractor to fulfill their obligations under this Contract, or delay such fulfillment. Any of the following matters are considered "force majeure." “不可抗力”指业主或承包商无法控制的情况,使当事人未能按本合同履行其义务,或者不得不延迟履行其义务。下列情况均被视作“不可抗力”: a. war, hostilities, act of foreign enemy, invasion, warlike opera-tions (whether war to be declared or not) or civil war; b. mutiny, civil commotion assuming the proportions of or amounting to a popular rising, military rising, insurrection, rebellion, revolution, military or usurped power, or any act of any person acting on behalf of or in connection with any organization with activities directed towards the overthrow by force of the Government de jure or de facto, or to the influencing of it by terrorism or violence; c. earthquake, flood, fire or other natural physical disaster; d. denial of the use of all ports, airports, shipping services or other means of public transport; e. strike or lock out or other industrial concerted action by workers, affecting the fulfillment of Contractor's and subcontractors' obligations; f. and other unforeseen circumstances beyond the control of the parties so affected rendering the fulfillment of their obligations impossible. a. 战争、敌对事件、外敌行动、入侵、类似战争的军事行动(不管是事宣战)、内战; b. 士兵哗变、民众*乱、军事叛乱、起义、造反、革命、篡权、或者任何个人代表某个组织或与某个组织有联系、旨在以暴力推翻合法或现存政府、或以恐怖主义或暴力对政府施加影响的行为; c. 地震、洪水、火灾或其他自然灾害; d. 所有港口、机场、船运或其他公共交通工具的使用均遭拒绝; e. 工人罢工、工厂停工、或其他的劳工联合行动,影响了承包商和分包商履行其义务; f. 当事人无法控制、从而使其不能履行义务的其他任何意外情况。 (3) If either party to this Contract is prevented or delayed from or in performing any of his obligations under this Contract by force majeure, then he may notify the other party of the circumstances constituting the force majeure and of the obligation performance of which is thereby delayed or prevented and the party giving the notice shall thereupon be excused from the performance or punctual performance, as the case may be, of such obligation for so long as the circumstances of prevention or delay may continue. 如果本合同任何一方因不可抗力不能或延迟履行本合同规定的任何义务,他可将不可抗力和由此造成的延迟或妨碍情况通知另一方。发出通知的一方允许根据具体情况及妨碍或延迟持续的时间免于履行或推迟履行合同。 (4) If by virtue of the preceding sub-clause dither party shall be excused from the performance or punctual performance of any obligation for a continuous period of ________ months, then either party may at any time thereafter terminate this Contract by giving a written notice to the other party. 根据本第款第3分条规定,如果任何一方免于履行或推迟履行其义务的时间持续了____个月,那么任何一方都可随时向另一方发出书面通知,终止本合同。 5. 修改 Modification 合同修订 (Modification)条款为合同常用条款.主要规定了合同修订的方式与途径。例如:书面合同,只能以书面方式进行修订,口头修订内容无效。 I. Modification条款通常较为简单,以下为一些常用比较简约的表达方式: 1. The contract can be amended only after the amendment is agreed upon by both parties. 只有经双方一致同意,合同方可变更。 2. This Agreement may be amended only by a written instrument signed by duly authorized representatives of both parties. 本合同只有经双方当事人授权的代表正式签署的书面文件,方可修改。 3. This Agreement may not be amended or modified except by written instrument signed by each of the Parties hereto. 除非经本协议当事人签署的书面通知,否则本协议书不得作出任何修改和变更。 4. Any alterations or amendments of this Agreement shall be subject to agreement through consultation between both parties in writing. 本协议的任何变更或修改,应由本协议双方协商一致,并以书面方式进行。 5. This Agreement shall not be modified or amended except by a written instrument, signed by the parties hereto. 除非双方当事人共同签署书面文件,否则本“协议”不得修改或修订。 6. Any modification, amendment or waiver of any of the provisions of this Agreement must otherwise be made in writing and duly signed by the parties hereto. 对本“协议”任何规定的任何变更、修改或免责必须另以书面形式作出,并经各方正式签字。 7. During the period of validity of the agreement, either party shall be entitled to make proposal of amendment to the agreement and the agreement amended shall go into effect with the signature of the two parties. 在协议的有效期内,任何一方都有权提出对协议进行修改,修改后的协议经过双方签署后才能够生效。 II. 在实际运用中,由于内容环境不同,表达可能有所不同,以下为一些实例: 1. If the loan contract affiliated to this Contract has to be abridged, amended, or revised, both parties shall negotiate to amend and revise this Contract in line with the provisions of the loan contract. 本股权质押项下的贷款合同如有修改、补充而影响本质押合同时,双方应协商修改、补充本质押合同,使其与股权质押项下贷款合同规定相一致。 2. If this Contract shall be abridged, revised, or amended on account of force majeure, the responsibilities assumed by the Party A under this Contract shall not be exempted or reduced, and the rights and interests of the Party B under this Contract shall not been affected or infringed. 如因不可抗力原因致本合同须作一定删节、修改、补充时,应不免除或减少甲方在本合同中所承担的责任,不影响或侵犯乙方在本合同项下的权益。 3. The amendment of the contract or other appendices shall come into force only after the written agreement signed by Party A and Party B and approved by the original examination and approval authority. 对本合同及其附件的修改必须经甲、乙双方签署书面协议,并报原审批机构批准,方可生效。 4. This Agreement may be amended in writing signed by both Parties. Unless otherwise expressly agreed to in such amendment, all terms and conditions of this Agreement shall apply to any such addition and all rights granted to Licensee under this Agreement shall terminate as to any such deletion. 本协议可由「双方」书面签署予以修改。除在此种修改中另行明确同意外,本协议所有的条款和条件须适用于任何此类修改中所做的添加,而所有根据本协议而给予「被许可人」的权利对于任何此类修改中的删除事项而言将终止。 6. 补偿 Indemnification 损害赔偿(indemnification)条款,是减少合同风险的一个重要条款。该条款主要约定在第三者对合同提出权利主张时,另一缔约方应当对此承担责任。通常情况下,另一缔约方必须支付全部的防御性诉讼费用,以及全部的支付给第三者的和解费用或者第三者胜诉后造成的所有损失。 实际上,本条款是将第三人造成的风险从合同的一方当事人转移给另一方当事人。 其次,本条款也可以约定合同的另一缔约方有其他不当的作为时,应当进行损害赔偿。 I. Indemnification 条款常用“indemnify and hold harmless from……”来表达: 1. Party A agrees to indemnify and hold Party B harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of 甲方同意对乙方因_____造成的损失作出赔偿及保证乙方不招致任何第三方索偿或索求,包括合理的律师费用。 应用实例: Party A agrees to indemnify and hold Party B harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Party A's use of the Site, the violation of this Agreement by Party A, or the infringement by Party A, or other user of the Site using Party A's login name and password, of any intellectual property or other right of any person or entity. 甲方同意对乙方因甲方使用网站、或甲方违反本协议、或因甲方或其它使用甲方之登记名称及密码而使用网站的使用者,侵犯任何知识产权或任何其它人士或单位的其它权利所造成的损失作出赔偿及保证乙方不招致任何索偿或索求,包括合理的律师费用。 2. Party A shall indemnify and hold party B and each of party B officers, directors, stockholders, employees and agents harmless against, and in respect of, any damage, loss, liability, cost or expense, including attorneys, fees, resulting or arising from or incurred in connection with this Agreement and the transactions contemplated hereby, except such as may result from willful malfeasance if party B or such officer, director, stockholder, employee of agent, as the case may be. 甲方应当赔偿乙方及其每个职员、董事、股东、雇员及其代理人因此协议引起或与此协议以后的交易相关事项而产生的损害、损失、责任、开支或费用,包括律师费用,但因乙方或其职员、董事、股东、雇员或代理人有意的过失而引起的损失除外。 3. Each party will defend, indemnify and hold the other harmless from and against all actions, proceedings, claims, demands, suits, losses, damages and expenses, including reasonable attorneys fees and costs reasonably incurred in defending any proceedings in which the damages sustained arose from a failure of the other party to meet its obligations under this agreement. In no event will either party be liable to the other in connection with this agreement for special, incidental, indirect or consequential or punitive damages regardless of whether either or both parties knew of the possibility of such damages. 一方当事人将使另一方当事人免于承担诉讼、索赔、请求、损害赔偿金及费用,包括为以下诉讼辩护而发生的合理的律师费:因另一方当事人未根据本协议履行其义务而导致损害赔偿的诉讼。 不管一方当事人或双方当事人是否知道特殊损害赔偿、附带损害赔偿、间接损害赔偿、后果性损害赔偿、惩罚性损害赔偿发生的可能性,一方当事人均不会为另一方当事人承担上述损害赔偿。 4. Contractor agrees to protect, defend, indemnify and hold harmless company, its parent, subsidiaries and affiliated companies, and its and their employees, subcontractors and its and their insurers from and against any claim, demand, cause of action, loss, expense award, obligation to indemnify another, judgment or liability on account of illness, injury or death to the employees of contractor and contractor’s subcontractors and/or damage to or loss or destruction of the property of contractor arising directly or indirectly out of the performance of this contract regardless of omissions or negligence, in whole or in any part, of company. 承包商同意保护、辩护、赔偿和保证公司、其上级公司、下属公司和关联公司、及其雇员、次承包商和其保险公司不承担在履行本合同过程中,不论公司是否存在部分 或全部的不作为或疏忽的责任,直接或间接所导致的承包商和次承包商的雇员生病、受伤或死亡以及承包商的财产所遭受的毁损灭失相关的任何诉求、要求、诉因、 损失、费用、对他方的赔偿义务、判决或赔偿责任。 II. Indemnification 条款还有多种表达方式,但并不固定。 1. Notwithstanding any of indemnities and liabilities specifically referred to above, neither company or contractor shall be liable to the other with respect to any consequential loss including, but not limited to, loss of anticipated profit, loss of anticipated revenue, loss of anticipated production, loss of product, or loss of use of money, arising or alleged to arise out of either company’s or contractor’s failure to property carry out its obligations hereunder or due to omissions or negligence, in whole or any part, of the part at fault, its subcontractors or vendors or the un-seaworthiness of vessel, or strict liability, and regardless of whether pre-existing the execution of the agreement. 除上列特别述及的赔偿和责任外,公司或承包商相互间不承担任何间接损失,包括但不限于预计的利润损失、预计的收益损失、预计的生产损失、产品损失、无法使用金钱的损失,由于或认为系因公司或承包商未能正确地履行本合同的义务或由于该违约系由于其次承包商或供应商(买方)或船舶不适航或严格责任和不论是否存在依以前协议履行原因,所导致的部分或全部的不作为或疏忽所造成的损失。 2. All remedies specified herein or otherwise available shall be cumulative and in addition to any and every other remedy provided hereunder or now or hereafter available at law or in equity. No waiver or failure to act with respect to any breach or default hereunder, whether or not the other party has notice thereof, shall be deemed to be a waiver with respect to any subsequent breach or default, whether of similar or different nature. 依据法律或衡平法,本“协议”所述的赔偿或其它可得的赔偿应当是累积的,并在本“协议”中规定的赔偿之外,或在现在或此后可得的赔偿之外。无论对方当事人通知与否,任何与违反协议或不履行协议有关的弃权不得视为与任何后来的违反协议或不履行协议有关的弃权,无论是否性质相同或不同。 III.在大型合同中,Indemnification 条款往往非常复杂,以下即为。 Indemnification 补偿 (a) Each party shall indemnify and hold harmless the other party, its shareholders, directors, officers, employees, agents, designees and assignees, or any of them, from and against all losses, damages, liabilities, expenses, costs, claims, suits, demands, actions, causes of actions, proceedings, judgments, assessments, deficiencies and charges (collectively, "Damages") caused by, relating to or arising from the performance by such party in accordance with this Contract of its obligations hereunder, and Buyer shall also indemnify Seller, without limiting the foregoing, for any such item caused by, relating to or arising from (a) the programming services which are authorized for viewing sing the System, including any assertion that any such programming service involves copyright infringement, (b) any disputes between Buyer and any of its program distributors or other distributors or affiliates, (c) any disputes or claims involving the subscribers for Buyer's programming services, or (d) any assertion that Buyer has been involved in, that Buyer's conduct of subscription involves, or that Buyer's use of the System involves, any unfair competition or violations of laws, rules or regulations. (a)每方应就其按本合同规定履行其本合同项下义务所导致的、与其有关的或由其引发的一切损失、损害、责任、支出、费用、索赔、诉讼、要求、诉讼行为、诉因、程序、判决、估定税额、欠额以及收费(合称“损害”)补偿另一方、另一方的股东、董事、管理人员、雇员、代理、被指定人、受让人或其中任何一人,使之不受损害,并且在不对上文所述予以限制的条件下,买方还应就下述各项所导致的、与其有关的或由其引发的上述任何事项补偿卖方: (a)授权对viewing sing系统提供的服务;(b)买方与项目分包商、分支机构之间的纠纷;(c) 任何用户针对买方的该项目服务的纠纷或索赔;(d) 针对买方所涉该系统的不正当竞争或违法指控。 (b) In the event of a third-party claim, with respect to which a party’s entitled to indemnification hereunder, a party (the "Indemnified Party") shall notify the other party (the "Indemnifying Party") in writing s soon as practicable, but in no event later than ______ days after receipt of such claims. The Indemnified Party's failure to provide such noticed shall not preclude it from seeking indemnification hereunder unless such failure has materially prejudiced the Indemnifying Party's ability to defend such claim. The Indemnifying Party shall promptly defend such claim with counsel of its own choosing) and the Indemnified Party shall cooperate with the Indemnifying Party in the defense of such claim, including the settlement of the matter on the basis stipulated by the indemnifying Party (with the Indemnifying Party being responsible for all costs and expenses of such settlement). (b)如果第三方提出一方按本合同规定有权获得补偿的索赔请求,一方(“受补偿方”)应在实际可能的情况下尽早通知另一方(“补偿方”),但无论如何不得迟于在收到该等请求后的第_______日。受补偿方未给予该通知并不排除其按本合同规定寻求补偿,除非未给予该通知补偿方抗辩该索赔请求的能力受到实质影响。补偿方(与其自行选择的律师一起)应及时对该索赔请求进行抗辩,而受补偿方应在对该索赔请求进行抗辩时与补偿方合作,包括按照补偿方规定的原则就该事项达成和解(补偿方承担该和解的一切费用与支出)。 If the Indemnifying Party within a reasonable time after notice of a claim fails to defend the Indemnified party, the Indemnified Party shall be entitled to undertake the defense, compromise or settlement of such claim at the expense of the Indemnifying arty. Upon the assumption of the defense of such claim, the Indemnifying arty may settle, compromise or defend as it sees fit. Notwithstanding anything to the contrary set forth in this Section, seller will defend any suit, claim, action or proceeding brought against buyers to the extent that such suit, claim, action or proceeding is based on a claim that goods manufactured and sold by Seller to Buyer infringe patent, copyright, mask work, trademark, trade secret or any other intellectual property rights of any third party and Seller shall pay all damages and costs awarded by final judgment (from which no appeal may be taken) against Buyer, as well as its actual expenses and costs, on condition that Seller 如果补偿方收到索赔通知后为受补偿方辩护,则受补偿方应有权对该索赔进行抗辩、妥协或和解,费用由补偿方承担。在承担对该等索赔请求的辩护后,补偿方可进行和解、妥协或抗辩,由其酌处。无论本条有何相反的规定,如果发生对买方的诉讼、索赔、诉讼行为或程序是基于以下主张,即卖方制造并销售给买方的物品侵犯了任何第三方的_______国专利、版权、掩模、商标、商业秘密或其他任何知识产权,则卖方将就该诉讼、索赔、诉讼行为或程序为买方辩护,并将支付局判决(不能再上诉的)判定由买方承担的损害赔偿与费用,以及买方实际的支出与费用,上述规定的条件是: (i) is promptly informed and furnished a copy of ach communication, notice or other action relating to the alleged infringement, (ii) is given sole control of the defense (including the right to select counsel), and the sole right to compromise and settle such suit or proceeding; provided however, that Seller's liability hereunder, if any, shall be strictly and solely limited to the amount of royalties which would be payable in respect of revenues derived by Seller from Buyer from sales of the infringing goods. Seller shall not be obligated to defend or be liable for costs and damages if the infringement arises out if a combination with, an addition to, or modification of the goods after delivery by Seller, or from use of the goods, or any part thereof, in the practice of a process. (1)卖方被及时告知侵权指控的发生,并得到与该侵权指控有关的每一通讯、通知或其他诉讼文书的副本,(2)得到该辩护的独家控制权(包括选择律师的权利),以及就诉讼或程序进行妥协或者和解的独家权利;但是,卖方在本合同项下的责任(如果有的话),应严格地并且仅仅限于卖方因买方销售侵权物品而应从买方获得的特许权使用费收入金额。如果侵权是由卖方交货后有人将物品混合、添加或改造而引起,或者由实施某一方法时使用物品(或其何部分)而引起,则卖方无义务进行辩护,亦无承担费用或损害赔偿的责任。 If any goods manufactured and supplied by Seller to Buyer are held to infringe any valid patent and Buyer is enjoined from using the same, or if seller believes such infringement is likely, Seller will exert all reasonable efforts at its option and expense (i) to procure for Buyer the right to use such goods free of any liability for such infringement, or (ii) replace or modify such goods with a noninfringing substitute otherwise complying substantially with all the requirements of this contract, or (iii) upon return of the goods, refund the purchase price and the transportation costs of such goods (less reasonable allowance for their use and benefit derived therefrom for the period of time from delivery to Buyer, such allowance being based on a straight-line depreciation period of _______ years from the date of shipment by Seller). 如果卖方制造并向买方提供的任何物品被判定侵犯有效的'_______国专利,且卖方被禁止使用该专利,或者如果卖方相信很可能发生侵权,卖方将尽一切合理的努力,自费从以下措施中作出选择:(1)为买方取得使用该等物品而不产生侵权责任的权利,或(2)以在其他方面实质符合本合同所有规定的非侵权替代品来代替或改造该等物品,或(3)在该等物品被返还后,退还该等物品的购买价以及运费(扣除向买方交货至退还期间使用该等物品并从中获得利益的折扣金额,该折扣金额按从卖方装运之日起_______年直线式折旧来计算)。 If the infringement is alleged prior to completion of delivery of the goods, Seller has the right to decline to make further shipments without being in breach of contract. If Seller has not been enjoined from selling such goods to Buyer, Seller may (at Seller's sole election), at Buyer's request, supply such goods to Buyer, in which event Buyer shall be deemed to extend to Seller the same patent indemnity hereinabove stated. The same patent indemnity shall be deemed to be extended to Seller by buyer if any suit or proceeding is brought against Seller based on a claim that the goods manufactured by Seller in compliance with Buyer's specifications infringe any valid patent. Buyer shall promptly notify Seller of any infringement by a third party of intellectual property rights licensed to Buyer under this contract. In the event that a third party infringes such intellectual property rights, the Parties shall cooperate with one another to take appropriate action to cause such infringement to cease. The foregoing states the sole and exclusive liability of the parties hereto for infringement of patents, copyrights, mask works, trade secrets trademarks, and other proprietary rights, whether direct or contributory, and is in lieu of all warranties, express, implied or statutory, in regard hereto, including, without limitation, the warranty against infringement specified in the uniform commercial code. 如果交货完成前发生权指控,卖方有权拒绝进一步装运,而不构成违约。如果卖方还没有被禁止向买方销售该等物品,应买方请求,卖方可以(仅由卖方酌定)向买方供应该等物品,在此情况下,买方应被视为向卖方做出与本合同上文所述相同的专利补偿保证。如果有人指称卖方按照买方规格制造的物品侵犯了有效的_______国专利,并以此为根据向卖方提起诉讼或程序,则买方应被视为已向卖方做出同样的专利补偿保证。 买方应将第三方侵犯本合同项下许可给买方的知识产权及时通知卖方。如果第三方侵犯该等知识产权,双方应互相合作,采取适当的行动制止该侵权行为。 上文规定了本合同双方就专利、版权、掩模、商业秘密、商标以及其他专有权利的侵权(无论是直接的还是协从的)所承担的唯一责任,并且取代就其所做出的所有保证(明示的、暗示的或法定的),包括(但不限于)_____中规定的不侵权保证。 英文合同模板集锦 篇29The following document offers excellent guidelines when preparing a timber sale contract.?Separate articles may be added to suit specific circumstances.?It is advised that the Seller and Purchaser employ legal counsel to review the contract prior to its endorsement. Contract entered into this ______ day of _____, 20___., by and between __________ of _________ Illinois, hereinafter called the Seller, and _____________, of ____________(city), ___________(state), Illinois Timber Buyer License Number _______, hereinafter called the Purchaser, WITNESSETH: 1. The Seller agrees to sell and the Purchaser agrees to buy for the total sum of ________dollars ($_______) under the conditions set forth in this contract all of the live standing timber marked or designated for cutting and all of the dead or down timber marked or designated upon an area of approximately _____ acres, situated in the _________ of Section ________, Twp._______ R._______, ____________ County, Illinois, on land owned and recorded in the name of _______________________. The Purchaser further agrees to pay to the Seller as an initial payment under this contract the sum of _________________ dollars ($_________), receipt of which is hereby acknowledged, and a final payment in the sum of ________________ dollars ($_______), prior to any cutting or removal of timber under this contract. 2. The Seller further agrees to mark and dispose of the timber conveyed in this contract in strict accordance with the following conditions: (a) All trees to be included in this sale will be marked with a distinctive mark on the bole and stump of each tree. (b) No trees under _____ inches in diameter at a point 4 1/2 feet from the ground will be marked for cutting. (c) No concurrent contract involving the area or period covered in this contract has been or will be entered into by the Seller without the written consent of the Purchaser (d) The Purchaser and his employees shall have access to the area at all reasonable times and seasons for the purpose of carrying out the terms of this contract. (e) Unless otherwise specified, all material contained in the marked or designated trees is included in this sale (f) (g) 3. The Purchaser further agrees to cut and remove all of the timber conveyed in this contract in strict accordance with the following conditions: (a) Unless an extension of time is agreed upon in writing between the Seller and Purchaser, all timber shall be paid for, cut, and removed on or before and none after the _____ day of _______, 20___, and any material not so removed shall revert to the Seller. (b) Unmarked trees and young timber shall be protected against unnecessary injury from felling and logging operations.?If, however, unmarked trees are cut, damages shall be paid the Seller at the rate of $1 per tree per M bd. ft. for all other species, and in the event that any such trees are cut, said trees shall remain upon the premises and shall be the property of the Seller. (c) Necessary logging roads shall be cleared by the Purchaser only after their locations have been definitely agreed upon with the Seller or his representative, and any trees to be removed in the clearing operations shall first be marked by the Seller. (d) During the life of this contract and on the area covered, care shall be exercised by the Purchaser and his employees against the starting and spread of fire, and they shall do all in their power to prevent and control fires. (e) Any liability for damage, destruction, or restoration of private or public improvements or personal damages occasioned by or in the exercise of this contract shall be the sole responsibility of the Purchaser, and the Purchaser shall save harmless the Seller on account of such damages. (f) The risk if loss or damage to the trees herein purchased, from any and all causes whatever, shall be borne by purchasers from the date hereof. (g) The Purchaser will not assign this agreement without the written consent of the Seller. (h) (g) (i) 4. The Seller and Purchaser mutually agree as follows: (a) All modifications of the contract will be reduced to writing, dated, signed, and witnessed and attached to this contract. (b) Any need for reassignment of interest of either party may be changed within 10 days following written consent by both parties.?All terms of this contract legally bind the named representatives to excuse this document as written. (c) The total number of trees conveyed is _____ (having a volume of approximately _____bd. ft.) composed as follows: _______ white oak, _______ red and black oak, __________________, ____________________, ______________________, __________________. (d) In case of dispute over the terms of this contract, final decision shall rest with a reputable person to be mutually agreed upon the by parties to this contract.?If the parties hereto do not agree upon a third party within 10 days following the initiation of the dispute, or in the case of further disagreement, then within 15 days from the initiation of the dispute, it shall be submitted to a Board of Arbitration of three persons, one to be selected by each party to this contract and the third to be selected by the other two.?The Board shall decide the dispute within 5 days after the matter is referred to it. In the event that damages are awarded to the Seller by the Board of Arbitration and are not paid on the date that the award is made, then all operations of the Purchaser shall immediately cease, and if the award is not paid or satisfied within 30 days after the date of award, the Seller may take immediate possession of the premises upon which the timber is located, shall retain as liquidated damages all money paid by the Purchaser, and the title to all timber shall revert to and become the property of the seller. In witness whereof, the parties hereto have set their hands and seals this __________ day of ______________________ 20____. WITNESSES: ____________________________________________________________ for the Purchaser Purchaser ____________________________________________________________ for the Seller Seller 英文合同模板集锦 篇30房地产买卖协议 SALES CONTRACT FOR REAL ESTATE 出售方:(以下简称“甲方” ) 买受方: (以下简称“乙方” ) 中介方:上海臣信房地产经纪有限公司 (以下简称“丙方” ) Seller: (hereinafter “Party A” ) Buyer: (hereinafter “Party B”) Broker:Shanghai Chenxin Real Estate Co., Ltd. (hereinafter “Party C” ) 经丙方中介介绍,甲、乙双方就上海市__________区__________路______弄__________号______室及__________车位(以下简称“该房地产”)的转让事宜,签订本协议,协议内容如下(有□选择的,以√为准): With the introduction of Party C, Party A and Party B enter into the agreement concerning the transfer of ____ Suite and its ancillary carport located at ____ of _____ Alley, _____Avenue _____District of Shanghai (hereinafter as “Real Estate”) detailed as follows (“√” shall be filled in the corresponding“□”, if appropriate): 一、 【该房地产基本情况】 1. BASIC INFORMATION 1、 该房地产:房地产权证书号为:______________;房屋面积:____________平方米;车位面积:___________平方米。 2、 该房地产 □ 已 □ 未设定抵押。 3、 该房地产 □ 已 □ 未出租。若该房地产已出租,则甲方应保证承租人已经放弃优先购买权,若因承租人以优先购买权引发纠纷,则甲方愿意承担全部法律责任。 4、 有关该房地产的权属情况,若上述填写资料与实际情况不符或不详尽的,以上海市房地产登记簿记载的信息为准。 1) Certificate of title to this real estate is numbered as __________ with floor space of ______ ㎡and the related carport are ______ ㎡. 2) Mortgage is made on this real estate: □ Yes □ No. 3) This real estate has been leased: □ Yes □ No. If “Yes”, Party A shall guarantee that lessee has waived the right of preemption. Any and all legal liabilities arising out of or in connection with the exercise of such rights by lessee shall be borne by Party A. 4) If the title of this real estate mentioned above is not clearly indicated or is incorrect, information listed in the register of Shanghai Real Estate Office shall be applied. 二、 【转让总价及定金与款项的选择适用】 2. TRANSFER PRICE AND DEPOSIT, OPTION OF PAYMENT 甲乙双方明确,该房地产的转让总价款:人民币大写_______________元(其中含车位转让款人民币___________元)。乙方于签署本协议时,支付诚意金人民币__________________ 元至中介方,并委托中介方与甲方洽谈;若甲方接受交易条件并签署本协议,则乙方委托中介方将诚意金转交给甲方作为款项。若至_ ___年_____月____日,甲方仍未签署本协议的,则乙方有权至中介方处无息取回诚意金;若乙方未按时取回诚意金,则视为继续委托中介方与甲方洽谈。本协议签订当日乙方直接向甲方支付款项人民币_____________________元。 甲方同意在本合同签订后 日内,乙方向甲方支付款项人民币元,该款项由乙方或乙方授权的其他人以现金方式交付或支付至甲方的.指定账户,若采用支付至甲方指定账户的,下述账户已为甲方所确认: 户名:_________________ 账号:___________________ 开户行:________________ Party A and Party B expressly agree that the total transfer price of this real estate is CNY ________ inclusive of transfer price of carport as CNY _______. Party B agree that it shall pay Earnest Money as CNY ________ to Party C at this contract date and entrust Party C to negotiate with Party A. if Party A accept and sign this contract, Party B may authorize Party C to transfer such Earnest Money to Party A as deposit; provided, however, Party B may require the repayment of Earnest Money free of interests by Party C if Party A fail to sign this contract prior to ___________. In such event, it shall constitute that continue entrustment has been granted to Party C if Party B fail to take such Earnest Money in due time. Party B shall pay CNY __________ to Party A directly as deposit at this contract date. Party A agree that Party B may pay CNY __________ to it as deposit within ______ days from this contract date. Such deposit shall be paid in cash by Party B or its designee or made through T/T to the following bank account affirmed by Party A: Account Holder: ________Bank Account: _______ Bank Name: _________ 三、 【买卖交易细则】 3. SALES RULES 1) 转让总价款:人民币大写_______________ _________元(其中含车位转让款人民币大写______________________ 元)。 2) 双方同意按以下方式支付款项: 第一笔房款: 甲、乙双方同意自《上海市房地产买卖合同》示范文本签订后_____日内,乙方向甲方支付的上述款项 人民币_________元作为乙方支付的首笔房款。 第二笔房款:乙方于______年_____月_____日前,支付甲方房款人民币___________________元。 第三笔房款:可按以下情况选择支付方式: □ 乙方通过银行按揭贷款的方式向甲方支付第三笔房款人民币__________________元,该款项由 银行在取得抵押人为乙方的他项权利证明后直接划入甲方帐户。 □ 甲乙双方同意共同至房地产交易中心办理该房地产过户手续,并取得房地产登记处的核发的收件收据后_____日内,乙方向甲方支付房款人民币________________元。 第四笔房款:□在办妥房屋交付手续当日,乙方向甲方支付房款人民币___________________元。 □甲乙双方同意,在签署买卖合同时将交房款人民币____________元交丙方监管至房屋交付手续办妥之日,丙方凭《房屋交接书》向甲方支付上述款项。 1) The total transfer price of this real estate is CNY ________ inclusive of transfer price of carport as CNY _______. 2) Such transfer price shall be made in installments as follows: The first installment shall be made to Party A by Party B as CNY ________ (inclusive of deposit) within ______ days from commencement date of Sales Contract for the Real Estate Located in Shanghai City (“Sales Contract”). The second installment as CNY ______________shall be made to Party A by Party B prior to ___________. The third installment may be made as follows: □ CNY _________ as third installment shall be made to Party A by Party B through bank mortgage loans, which shall be directly paid to Party A’s bank account upon the certificate evidencing Party B as mortgagor has been presented to the lending bank, provided, □ Party A and Party B agree to fulfill the transfer formalities for this real estate before Real Estate Trading Center and Party B shall pay Party B CNY _____________ within _____days upon the certificate issued by real estate register has been received.The fourth installment as CNY _____________ shall be paid. □ To Party A by Party B at the date on which the transfer formalities of this real estate has been fulfilled; or □ to Party A by Party C upon the receipt of Deed of Transfer if, as agreed by Party A and Party B, CNY _______ equal to such fourth installment has been delivered to Party C for escrow until the full fulfillment of transfer formalities. 3) 产权过户:待该房地产之抵押登记(若有)已经注销且乙方申请的按揭贷款(若有)经银行审核通过,具备过户条件具备后,最晚不迟于______年_____月_____日,共同至该房地产所在区交易中心办理房地产过户手续。 3)Transfer. Within _____ days upon the revocation of mortgage registration for this real estate (if any) and the loans acquired by Party B therefore (if any) satisfying the applicable requirements after the review of related bank (in no event late than _______), Party A and Party B shall fulfill the transfer formalities before the trading center of that district where this real estate is located. 4) 房屋交付:甲方于收到乙方全部转让款项当日,将该房地产交付乙方,双方应签署《房屋交接书》。交付前的物业管理费及公用事业费由甲方承担,交付后的物业管理费及公用事业费由乙方承担。固定装修、附属设施设备以及经甲乙双方确认的家电、家具等价格已经包含在该房地产转让总价款内,甲方须保证该房屋内附属设施、设备均能正常使用及室内装饰与签订买卖合同之日的状况相符。 4)Delivery. At the date on which all transfer prices,party A shall deliver this real estate to Party B and the Certificate of Transfer and Handover shall be concluded by the Parties therefore. Property Management Fees and Utilities Expenses arising out of or in connection with this real estate shall be borne by Party A prior to such delivery, or shall be borne by Party B upon such delivery. Charges or expenses related to the fixtures and ancillary equipments & facilities of this real estate, as well as the prices of home appliances and furniture agreed by the Parties, have been included in the transfer price and Party A guarantee that all such ancillary equipments & facilities may work properly, all interior decorations thereof satisfy the conditions provided herein . 5)相关费用:Miscellaneous Charge. [交易税费]:双方同意,交易中所涉及的上述买卖双方的税费由 □各自承担并支付;□由甲方承担并支付;□由乙方承担并支付。 [公证费]:若交易涉及买卖合同公证,费用由□双方分担并支付;□由甲方承担并支付;□由乙方承担并支付。 [中介报酬]:对于中介方提供中介服务所产生的报酬事宜,详见附件“中介服务确认书”。 Trade Tax. The Parties agree that any and all taxes and charges arising out of transaction hereunder shall be borne and paid by □ Party A; or □ Party B. Notary Fees. Any notary fees arising out of or in connection with transaction hereunder shall be borne and paid by □ Party A; □ Party B; or □ Party A and Party B. Brokerage fees. Brokerage feess paid to broker for any brokerage service provided shall be detailed in attached Schedule “Acknowledgement of Brokerage fees”. 四、【法律责任的选择适用】 4. APPLICATION OF LEGAL LIABILITIES 甲方保证该房地产产权清晰、权属明确,无异议登记、单方预告登记,无司法、行政查封等限制性交易情形存在;若因本条所述情况导致本协议效力瑕疵,甲方应返还乙方所有已付房款并赔偿乙方实际损失。 Party a guarantees that it has full and clear ownership to this real estate, which is free of any dispute registered, unilateral advanced registration, judicial or administrative attachment or other events restricting trades. If any defect affecting the validity of this Contract is occurred due to any misrepresentation hereunder, Party A shall refund all transfer prices paid by Party B, and indemnify any and all losses and damages suffered by Party B there-from. 五、【争议解决】 6. DISPUTE SETTLEMENT 各方在本协议履行过程中发生争议的,应友好协商;协商不成的,应向该房地产所在地人民法院起诉。 Any dispute arising out of or in connection with the performance hereof shall be settled by amiable negotiation, if fails, either Party may bring a lawsuit before the People’s Court with jurisdiction where this real estate is located. 六、【合同效力】 6. VALIDITY 本协议自甲、乙双方签署起对甲、乙生效,丙方签署后对丙方生效,一式三份,甲、乙、丙三方各执一份。 This Contract shall have binding force to Party A and Party B upon signatures of such two Parties are made hereon, and shall have binding force to Party C if signature of Party C is also made hereon. This Contract shall be executed in triplicate and each Party shall have one copy. 英文合同模板集锦 篇31CONTRACT FOR IRANIAN OIL EXPLORATION SERVICE 伊朗石油勘探开发服务合同 EXPLORATION SERVICE CONTRACT FOR BLOCK between NATIONAL IRANIAN OIL COMPANY and CORPORATION 伊朗国家石油公司 与石油公司 区块勘探服务合同 Table of Contents目 录 ARTICLE 1 DEFINITIONS第1条 定义 ARTICLE 2 CONTRACTOR's REPRESENTATIVE OFFICE第2条 承包商办事处 ARTICLE 3 OBJECT OF THE CONTRACT第3条 合同宗旨 ARTICLE 4 TERM OF THE CONTRACT第4条 合同期限 ARTICLE 5 EXPLORATION OPERATIONS 第5条 勘探作业 ARTICLE 6 FINANCING, EXPLORATION EXPENDITURES, REIMBURSEMENT AND PAYMENTS 第6条 资金、勘探费用、回收和支付 ARTICLE 7 CONDUCT OF OPERATIONS 第7条 作业实施 ARTICLE 8 CONTRACTOR’S OBLIGATIONS 第8条 承包商的义务 ARTICLE 9 SUB-CONTRACTORS 第9 条分包商 ARTICLE 10 PROGRAMMING AND BUDGETING第10条 计划和预算 ARTICLE 11 BOOKS, ACCOUNTS, VERIFICATION AND AUDITING 第11条 账簿、账户、审核和审计 ARTICLE 12 N.I.O.C's TITLE TO LAND AND PROPERTY 第12条 N.I.O.C.对土地和财产的所有权 ARTICLE 13 COMMERCIAL FIELD第13条 有商业价值的油(气)田 ARTICLE 14 LAND, WATER AND SERVITUDE 第14条 土地、水与地役权 ARTICLE 15 UTILIZATION OF IRANIAN CONTENT第15条 伊朗资源的利用 ARTICLE 16 IMPORTS AND EXPORTS 第16条 进口和出口 ARTICLE 17 CURRENCY EXCHANGE RATES第17条 汇率 ARTICLE 18 ASSIGNMENT 第18条 转让 ARTICLE 19 LIABILITY AND INSURANCE第19条 责任和保险 ARTICLE 20 FORCE MAJEURE第20条 不可抗力 ARTICLE 21 WAIVERS 第21条 弃权 ARTICLE 22 GOVERNING LAW 第22条 适用法律 ARTICLE 23 ARBITRATION第23条 仲裁 ARTICLE 24 CONTINUITY OF OPERATIONS第24条 作业的连续性 ARTICLE 25 TERMINATION 第25条 合同终止 ARTICLE 26 N.I.O.C'S POWER OF CONTROL 第26条 N.I.O.C.的控制权 ARTICLE 27 SAFETY, HEALTH AND ENVIRONMENT第27条 安全、健康和环境 ARTICLE 28 CONFIDENTIALITY第28条 保密 ARTICLE 29 HEADING AND AMENDMENTS第29条 标题与修订 ARTICLE 30 NOTICE第30条 通知 APPENDIX ACCOUNTING PROCEDURES附录 会计程序 Service Contract服务合同 This Service Contract entered into in Tehran on the day of. BETWEEN NATIONAL IRANIAN OIL COMPANY a company existing under the laws of IR of Iran (hereinafter referred to as "N.I.O.C") on the one hand and CORPORATION a company incorporated in (hereinafter referred to as "Contractor"), on the other hand,N.I.O.C and Contractor herein are referred to either individually as "Party" or collectively as "Parties". WHEREAS N.I.O.C desires to secure the cooperation and services of a qualified contractor to carry out, on its behalf and in its name, certain Exploration perations within the Contract Area specified in the Appendix A hereof. WHEREAS CONTRACTOR has expressed its willingness to perform such Exploration Operations in the manner specified in this Service Contract, and is prepared to provide the funding for and bear the sole risk of Exploration Operations on its own account. WHEREAS CONTRACTOR has the financial capability, and technical competence necessary for fulfilling the obligations set out hereinafter. NOW THEREFORE, it is hereby agreed between N.I.O.C and Contractor as follows: 本服务合同由依照伊朗伊斯兰共和国法律成立的伊朗国家石油公司(以下简称N.I.O.C.)与公司(以下简称承包商)于在伊朗德黑兰订立。 N.I.O.C.和承包商在下文中单独被称为“一方当事人”,合称为“双方当事人”。 鉴于N.I.O.C.愿意寻找一合格的承包商代表其利益并以其名义在本合同附件A所指定的合同区域内实施一定的勘探作业。 鉴于承包商愿意按本合同所规定的形式实施勘探作业,并准备提供资金和独立承担勘探作业的风险。 鉴于承包商具备履行以下所述义务所必需的资金能力和技术能力。 基于此,N.I.O.C.与承包商同意以下条款: ARTICLE 1 DEFINITIONS第1条 定义 Unless the context otherwise requires the following definitions of certain terms hereinafter used shall apply for the purpose of this Service Contract. 除非本合同另有规定,本条所使用的术语具有以下定义。 (i) "Accepted Accounting Practices" shall mean accounting principles, practices and methods that are generally accepted and recognized in the international petroleum industry. “通用会计惯例”系指国际石油工业公认和认可的会计准则、会计实务和会计方法。 (ii) "Affiliate" means any company or legal entity, which (i) controls either directly or indirectly Contractor, or (ii) which is controlled directly or ndirectly by Contractor, or (iii) is directly or indirectly controlled by a company or entity which directly or indirectly controls Contractor. "Control" means the right to xercise more than fifty percent (50%) of the voting rights in the appointment of the directors of such company or entity. “关联公司”系指任何一个具有下列条件之一的公司或法律实体:(i)直接或间接控制承包商,或(ii)被承包商直接或间接控制,或(iii)被承包商的公司或实体直接或间接控制。 “控制”系指对该公司或法律实体的董事的任命有50%以上的表决权。 (iii) "Bank Charges" means the bank charges as defined in the Accounting Procedures “银行费用”系指会计程序中所规定的银行费用。 (iv) "Barrel" means a volume of forty two (42) U.S. Gallons at sixty (60) degrees Fahrenheit and at normal atmospheric pressure. “桶”系指在 60华氏度和正常大气压条件下42美式加仑的容积。 (v) "Capital Costs" means all costs of Exploration Operations incurred by on tractor for carrying out the project until conclusion of Exploration Operations in accordance with the generally accepted principles commonly practiced in the international petroleum industry which shall include any and all cost incurred by Contractor except Non-Capital Costs. “资本成本”系指承包商依照国际石油工业界普遍采用和通行的规则实施勘探作业直至勘探作业结束,由承包商承担的除非资本成本以外所有勘探作业成本。 (vi)"Commercial Field" means commercial field as described in Article 13 of this Service Contract. “商业价值油田”系指本合同第13条所述的具有商业价值的油田。 (vii) "Condensate" means all liquid hydrocarbons, regardless of gravity, produced and recovered from the Contract Area as a liquid during all process necessary to reach the commercial specifications of Natural Gas. “凝析油”: 是指从合同区生产回收的,经过处理达到商业标准的所有液态烃,无论其密度如何。 (viii) "Contract Area" means the area covered by this Service Contract, and described in Appendix A attached hereto and made a part hereof. “合同区域”是指本合同和作为本合同不可分割部分的附件A所描述的区域。 (ix) "Contractor" means China Petrochemical Corporation, its legal successors, or any permitted assignee or assignees of any rights and obligations of Contractor. “承包商“系指中国石油化工集团公司及其合法承继者,或任何许可的可履行合同权利和义务的受让人。 (x) "Controllable Material" means material which, in accordance with generally Accepted Accounting Practices, Contractor elects to record, control and inventory. A list of types of such material shall be furnished to N.I.O.C by Contractor within one month of the Effective Date. “可控制材料”系指按照公认的会计准则,承包商所记录、控制和库存的材料。这些材料的分类清单应在合同生效后一个月内提交N.I.O.C.。 (xi) "Crude Oil" means all liquid hydrocarbons, regardless of gravity, including crude petroleum, produced and recovered from the Contract Area, as a liquid at atmospheric pressure fourteen and seven tenths (14. 7) pounds per square inch absolute and ambient temperature. “原油”是指所有液态烃 ,无论密度如何,包括合同区生产和回收的,在常温、常压(每平方英寸十四点七磅)下的液态油。 (xii) "Cubic Meter" means one (1) cubic meter at sixty (60) degrees Fahrenheit and at normal atmospheric pressure. “立方米”指在正常大气压和60华氏度条件下的一立方米。 (xiii) "Date of Commerciality" means the first day of the month following the date on which N.I.O.C approves that a Commercial Field has been established according to Article 23. “商业日期”系指N.I.O.C.依照第23条的规定批准有商业价值的油田建立的次月的第一天。 (xiv) "Development Service Contract" means development service contract, model form which is attached hereto as Appendix E, that will be negotiated between Contractor and N.I.O.C in case of discovery of a Commercial Field. “开发服务合同”系指本合同附件E所列的文本,该合同将在发现有商业价值的油田,由承包商和NIOC协商。 (xv) "Effective Date" means the date on which this Service Contract, being duly signed by the Parties is approved by the respective authorities. “生效日”系指当事人双方正式签订本合同后,获得各自权利(力)机构批准的日期。 (xvi) "Exploration Expenditure(s)" means all expenditures made and paid by Contractor necessary to carry out the Exploration Operations covered by this Service Contract comprising Capital Costs and Non-Capital Costs, as determined in accordance with the Accounting Procedure. “勘探费用”系指承包商为实施本合同所述勘探作业按照会计程序所发生和支付的必要费用,包括资本成本和非资本成本。 (xvii) "Exploration Operations" means all or any of the operations conducted by Contractor as authorized or envisaged under this Service Contract. “勘探作业”系指承包商执行的本合同项下的所有作业。 (xviii) "Exploration Period" means the period of time as defined in Article 4 of this Contract. “勘探期”指本合同第4条所规定的期间。 (xix) "Financial Year" means a Gregorian calendar year of twelve (12) consecutive months commencing on January 1st of each year respectively. The first financial year shall commence on the Effective Date of this Service Contract and end on 31st December of the same year. “财政年度”系指自公历1月1日起的十二个连续公历月。本合同的第一个财政年度应始于合同生效日止于当年的12月31日。 ()"Land" means any land whether submerged or not. “土地”系指任何土地,包括被淹没或未淹没的土地。 (i) "Material and Equipment" means Property, (with the exception of Land) including without limitation all facilities, supplies and equipment, acquired and held for use in Exploration Operations by the Contractor. “材料和设备”包括(土地除外)但不限于承包商为实施勘探作业获得和使用的所有设施、材料和设备。 (ii) "Natural Gas" means the gaseous affluent in its natural state including all of the liquefiable constituent thereof resulting from the production of Petroleum. “天然气”系指在石油开采过程中生产的、自然状态为气态的物质及其可液化成份。 英文合同模板集锦 篇321. 兹经买卖双方同意按照以下条款由买方购进,卖方售出以下商品: 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 goods referenced hereunder subject to the terms and conditions as stipulated hereinafter: 2. 索赔:在货到目地口岸45天内如发现货物品质、规格和数量与合同不符,除属保险公司或船方责任外,买方有权凭中国商检出具的检验证书或有关文件向卖方索赔。 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 compensation from the Sellers. 3. 不可抗力:由于不可抗力的缘由发生在制造、装载或运输的过程中导致卖方延期交货或不能交货者,卖方可免除责任;在不可抗力发生后,卖方须立即电告买方及在14天内以空邮方式向买方提供事故发生的证明文件;在上述情况下,卖方仍须负责采取措施尽快发货。 Force Majeure: The Sellers shall not held responsible for any delay in 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 sellers shall advise the Buyers forthwith of the occurrence mentioned above within fourteen days thereafter. 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. 4. 不可抗力:本合同内所述全部或部分货物,如因不可抗力原因,以致不能履约或不得不延期交货,卖方概不负责。 Force Majeure: The Seller shall not be held liable for failure delay delivery of the entire lot or a portion of the commodity under this Contract in consequence of and force majeure. 5. 仲裁:凡有关执行合同所发生的一切争议应通过友好协商解决,如协商不能解决,则将分歧提交中国国际贸易促进委员会按有关仲裁程序进行仲裁,仲裁将是终局的,双方均受其约束,仲裁费用由败诉方承担。 Arbitration: All disputes in connection with the execution of this Contract shall be settled through friendly negotiations. In case no settlement can be reached, the case may then be submitted for arbitration to the Arbitration Commission of the China Council for the Promotion of International Trade in accordance with the Provisional Rules of Promulgated by the said Arbitration Commission. The Arbitration Committee shall be final and binding upon both parties, and the arbitration fee shall be borne by the losing party. 6. 仲裁:在履行本合同中所发生的或者与合同有关的一切争执,由双方协商解决。如果协商后仍不能解决时,得提请仲裁。仲裁在中国进行,由中国国际经济贸易仲裁委员会根据该仲裁委员会的仲裁程序规则进行仲裁。仲裁裁决为最终决定,对买卖双方都有约束力。除该仲裁委员会另有决定外,仲裁费用由败诉一方负担。 Arbitration: Any and all disputes arising from or in connection with the performance of the Contract shall be settled through negotiation by both parties, failing which they shall be submitted for arbitration. The arbitration shall take place in China and shall be conducted by China International Economic and Trade Arbitration Commission in accordance with the rules of procedures of the said commission. The arbitration award shall be final and binding upon both Buyer and Seller. Unless otherwise awarded by the said arbitration commission, the arbitration fees shall be borne by the losing party. 7. 卖方交货的义务以在上述交货日期前收到买方按第九条的规定开出的信用证或预付款为条件。如按合同条款运输工具由买方选订,卖方将在上述日期将货物备好。 However, the seller’s obligation to deliver is conditional upon receipt from the Buyer of a letter of credit or advance payment in accordance with Clause 9 of this Contract days before the time of delivery stipulated hereof. If a carrier is selected and booked by the Buyer itself in accordance with the terms of this Contract, the Seller will have the commodity ready for shipment by such time of delivery. 8. 付款条件:凭以卖方为受益人的、100%保兑的、不可撤销的、无追索权的、可以转运的及分批发运的即期信用证,议付期至装运日期后第15天在中国到期。买方在信用证上请填注本合同号码,货物名称要按本合同规定确定。 Payment: By 100% confirmed, irrevocable, without recourse L/C, in favor of the Seller, available by sight draft, allowing transshipment and partial shipments, valid for negotiation in China until the 15th day after the date of shipment. The Buyer is requested always to quote in the L/C the number of this Contract and the names of the commodity in accordance herewith. 9. 保险:按照中国人民保险公司的保险条款,按发票金额的110%投保但不包括罢工、x乱和民变险,保至目的口岸为止。如买方要增加保额或保险范围,应于装运前经卖方同意,因此而增加的保险费由买方负责。 Insurance: For 110% of invoice value, up to the port of destination, as per the insurance clauses of the People’s Insurance Company of China, excluding SRCC Risks. If additional insurance amount or coverage in required, the Buyershall have the consent of the Seller before shipment, and the additional premium thus incurred shall be borne by the Buyer. 10.包装:所有在本合同项下出售的货物将以卖方认为适合于第五条规定的运输方式的包装材料包装。如果对包装有其他要求,买方应征得卖方同意并承担由此而增加的一切额外费用。 Packing: All the commodities sold thereunder will be packed with packing materials deemed by the Seller suitable for the mode of transportation stipulated in Clause 5 hereof. If additional requirement for packing is needed, the Buyer shall have the consent of the Seller and bear all the extra charges thus incurred. 英文合同模板集锦 篇33GARMENTS PURCHASE CONTRACT Contract NO.合同编号: Date签约日期: Buyer: 买方: Seller: 卖方: This purchase contract (hereafter abbreviated “contract”) is signed by and between the Buyer and the Seller upon equal negotiations based on the Contract Law and other relevant laws and regulations. Both parties agree to sell and buy goods on following terms and conditions. 此销售合同(以下简称“合同”)根据合同法及相关法律法规并经由买卖双方经平等协商后共同签定,买方与卖方均同意以下条款和条件购买和出售货物。 Purchasing Contract terms and conditions of garments Season: 服装采购合同条款: 1. Description, quantity, unit price, total amount and other details of the goods ordered please refer to detail order, invoice and packing list. The name of the issuing company of invoice must be the same as the seller. 采购品名、规格、数量、单价、总价、交期等参考每次采购相应订单、发票及装运单,发票的填开单位必须与本合同中卖方的名称相一致。 2. Country of origin: China原产地:中国 3. Delivery: The seller shall deliver the goods to the warehouse as previously agreed between the two parties. 交货方式:卖方应把货物送交至双方事先约定的仓库。 4. The quality of all the garments shall answer for the updated, valid Standard of the Nation and the industry. In case the garments are unqualified or for other reason that shall ascribe the seller’s fault, which brings losses of or damages (including but not limited to fine, expropriate, damage to Goodwill, lawyer’s fee and other losses for the buyer ’s breach of law or contract because of the seller fault) to the buyer, the buyer shall has the right to ask seller for damages. 所有服装质量应符合最新、有效的国家标准、行业标准的规定,若卖方交付的服装质量不合格或其他任何可归咎于卖方的责任导致买方遭受的任何损失(包括但不限于罚没款、扣款、商誉损失、律师费及其他因卖方原因导致买方违约、违法所遭受的损失),买方有权要求卖方承担。 5. Seller shall provide 7 original copies of "Approved" Quality Inspection Certificate for each fabric used to produce MOTIVI different models 7 days before the delivery date. The certificate must be issued by a Chinese official quality testing department, the samples that the seller send to quality test lab shall be representative, can represent the quality of the goods, and the test must follow the Basic Standard GB18401 and include the composition of the fabric. The buyer will settle the payment according to the contract after received the test report and other related documentations (Packing list, Invoice of Goods etc.). 卖方应于交货日七日前向买方提供由中国官方质检部门认可的质检机构出具的所有用来制作服装的面料的合格质检报告原件7 份,卖方向质检机构送检的样品应具有代表性,能够代表大货质量,质检报告应包含纤维含量及国家标准 GB18401 的安全技术要求事项。买方在收到质检报告、装箱单、货物发票等其他文件后按合同约定付款。 6. For all the goods, the seller shall issue invoice to the buyer, the invoice shall be invoiced 所有货物应由卖方向买方开具发票,发票抬头需开列买方单位名称为 Kind of invoice issued: People’s Republic of China VAT invoice 发票开立种类:中华人民共和国增值税专用发票。 7. Terms of Payment: Total amount of payment of goods shall be paid in RMB within 30 days issued the invoices. 付款: 开立发票后30日内以人民币支付。 Upon signing the contract, the seller shall provide bank information for the buyer to effect payment. 买卖双方签定订购合同后,卖方需提供公司银行资料给予买方支付货款.。 8. Intellectual Property Right 知识产权 All the goods, documents and materials that the Seller gets to may concerns secret and shall procure that its employee, agent and any other persons who may have access to the above-mentioned information keep confidentiality and shall not use it for any purpose at any time or disclose to any third party. The seller shall not sell, transfer any products or materials to any third party except for the buyer products, substandard products, rest products and unused/waste products or materials. In case the seller breaches, the buyer has the right to ask for indemnification including but not limited investigation fees, lawyer’s fees, compensation as well as all other fees according to the stipulations or Chinese laws. 卖方接触到的`买方及集团的物品、文件资料均可能涉及买方及其关联公司的知识产权,尤其是可能包含的买方商标、集团的其他商标,著作权及商业秘密。卖方应对其知悉的买方及其关联公司的商业秘密进行保密,并应促使卖方所有接触到买方秘密信息的任何雇员、代理人、客户或其他人士对该信息保密,不得在任何时候为任何目的使用或者向任何第三人披露。卖方不得向除买方及集团以外的任何单位和个人销售、转让涉及买方及米罗利奥集团的商标、标识标记、著作权等知识产权的产品或资料,即使对于过季品、等外品、富余品和废弃不用的产品或资料也不例外。若卖方违反约定,买方有权根据约定及中国法律规定要求卖方承担包括但不限于调查费、律师费、赔偿金在内的一切赔偿责任。 9. Both parties will try to resolve any dispute concerning the contract amicably. If the dispute can not be resolved by negotiation, any party may initial legal action. 买卖双方在履行本合同时如有争议应先以友好协商方式解决,如协商不成买卖双方可将争议送交由提出诉讼方所在地之法院进行诉讼. 10. All appendixes to this contract should be bonded to the contract as a whole. 英文合同模板集锦 篇34DATED 20[ ] 20[ ]年[ ]月[ ]日 JOINT VENTURE CONTRACT 合资经营合同 - by and between - 由 [PARTY A NAME](甲方名称) PARTY A甲方 - and -- 与 - [PARTY B NAME](乙方名称) PARTY B乙方 IN RESPECT OF签订 TABLE OF CONTENT目录 1. DEFINITIONS AND INTERPRETATION 11. 定义和解释 1 2. PARTIES TO THE CONTRACT 1 2. 合同双方 1 3. ESTABLISHMENT OF THE COMPANY 2 3. 成立合营公司 2 4. PURPOSE, SCOPE AND SCALE OF OPERATION 3 4. 宗旨、经营范围及运营规模 2 5. TOTAL INVESTMENT AND REGISTERED CAPITAL 3 5. 投资总额和注册资本 3 6. BUSINESS PLANNING AND APPROVALS 10 6. 业务计划和批准 7 7. RESPONSIBILITIES OF THE PARTIES 12 7. 双方负责的事宜 8 8. BOARD OF DIRECTORS 13 8. 董事会 9 9. OPERATION AND MANAGEMENT 22 9. 经营管理 15 10. MARKETING AND SALES 23 10. 市场营销 16 11. EQUIPMENT AND SERVICE PROCUREMENT 2311. 设备及服务的采购 16 12. INTELLECTUAL PROPERTY 2412. 知识产权 17 13. NON-COMPETITION 25 13. 不竞争 18 14. SITE 2614. 经营场所 19 15. LABOUR MANAGEMENT 27 15. 劳动管理 19 16. FINANCIAL AFFAIRS AND ACCOUNTING 2716. 财务与会计 19 17. TAXATION AND INSURANCE 29 17. 税收和保险 21 18. REPRESENTATIONS AND WARRANTIES 30 18. 陈述及担保 21 19. THE JOINT VENTURE TERM 3119. 合营期限 22 20. TERMINATION, DISSOLUTION, BUYOUT AND LIQUIDATION 3220.终止、解散、相互收购股份及清算 22 21. BREACH OF CONTRACT 3721. 违约 26 22. CONFIDENTIALITY 37 22. 保密义务 26 23. FORCE MAJEURE 38 23. 不可抗力 27 24. SETTLEMENT OF DISPUTES 3924. 争议的解决 28 25. MISCELLANEOUS PROVISIONS 4225. 其他规定 30 SCHEDULE A - DEFINITIONS AND INTERPRETATION 45 26. 附录一 32 SCHEDULE B - ANCILLARY CONTRACTS 51 27. 附录二 37 SCHEDULE C - CAPITAL CONTRIBUTION SCHEDULE 52 28. 附录三 38 SCHEDULE D - ADDITIONAL PERMITS 54 29. 附录四 39 SCHEDULE E - TAX CONCESSIONS 55 30. 附录五 40 CAVEATS AND DRAFTING NOTES 5631. 注意事项与说明 42 THIS CONTRACT ("Contract") is made in [city and province], China on this [●] day of [●], 200[●] by and between [Party A name], [Party A entity form] established and existing under the laws of China, with its [legal address] at [address] (hereinafter referred to as "Party A"), and [Party B name], [Party B entity form] organized and existing under the laws of [Party B jurisdiction of incorporation] with its [registered address] at [address] (hereinafter referred to as "Party B"). 本合同(“本合同”)于200[·]年[·]月[·]日由以下双方在[地点]签订:[甲方名称], 一家根据中华人民共和国法律组建并存续的[甲方组织形式],[法定地址]为[甲方[法定地址]] (以下简称“甲方”);和[乙方名称],一家根据[乙方所在国]法律组建及存续的[乙方组织形 式],[注册地址]为[乙方[注册]地址](以下简称“乙方”) Party A and Party B shall hereinafter be referred to individually as a "Party" and collectively as the "Parties". 甲方和乙方以下单独称为“一方”,合称为“双方”。 PRELIMINARY STATEMENT 前言 After friendly consultations conducted in accordance with the principles of equality and mutual benefit, the Parties have agreed to establish an equity joint venture in accordance with the EJV Law and the EJV Implementing Regulations, other Applicable Laws, and the provisions of this Contract. 双方本着平等互利的原则,经友好协商,依照《中华人民共和国中外合资经营 企业法》、《中华人民共和国中外合资经营企业法实施条例》以及其他相关法律,同意按照本 合同的条款,组建合营企业。 NOW THE PARTIES HEREBY AGREE AS FOLLOWS: 双方特此协议如下: 1. DEFINITIONS AND INTERPRETATION 1. 定义和解释 Unless the terms or context of this Contract otherwise provide, this Contract shall be interpreted in accordance with, and each of the terms used herein shall have the meaning ascribed to it in Schedule A. 除非本合同条款或上下文另有所指,本合同应按照附录一进行解释,并且 本合同中所有相关术语的定义见附录一。 2. PARTIES TO THE CONTRACT 2. 合同双方 2.1 Particulars of Parties 2.1 本合同双方的具体情况: The Parties to this Contract are: 本合同的双方为: (a) Party A, [Party A name] (in Chinese: [(Chinese name)]), [Party A entity form] established and existing under the laws of China with its legal address at [Party A legal address] (in Chinese: [(Chinese address)]). (a) 甲方:[甲方名称](英文书写:[(英文名称)],一家根据中华人民共和国法律 组建并存续的[甲方组织形式],法定地址[甲方法定地址](英文书写:[(英文住址)]。 [Legal] [Authorized] Representative of Party A: 甲方[法定][授权]代表人: Name: [Party A rep name] (in Chinese: [(Chinese Name)] 姓名: [甲方代表姓名](英文书写:[(英文姓名)] Title: [Party A rep position] 职务: [甲方代表职务] Nationality: Chinese 国籍: 中国 (b) Party B, [Party B name], [Party B entity form] organized and existing under the laws of [Party B jurisdiction of incorporation] with its registered address at [Party B registered address]. (b) 乙方:[乙方名称](英文书写:[(英文名称)],一家根据[乙方所在国]法律组 建并存续的[乙方组织形式],注册地址[乙方注册地址](英文书写:[(英文住址)] Authorized Representative of Party B: 乙方授权代表人: Name: [Party B rep name] 姓名: [乙方代表姓名](英文书写:[(英文姓名)] Title: [Party B rep position] 职务: [乙方代表职务] Nationality: [Party B rep nationality] 国籍: [乙方代表国籍] 2.2 Parties' Authorised Representatives 2.2 双方的授权代表的更换 Each Party shall have the right to change its legal or authorized representative and shall promptly notify the other Party of such change and the name, position and nationality of its new legal or authorized representative. 双方有权撤换其各自的法定代表人或授权代表,并应将新法定代表人或授权代表的 姓名、职位和国籍及时通知另一方。 3. ESTABLISHMENT OF THE COMPANY 3. 成立合营公司 3.1 Establishment of Company 3.1 合营公司的设立 The Parties hereby agree to establish the Company promptly after the Effective Date in accordance with the EJV Law, the EJV Implementing Regulations, other Applicable Laws, and the provisions of this Contract. 双方特此同意在本合同生效后依照合资企业法、合资企业法实施条例、其他相关法律以 及本合同的条款及时成立合营公司。 3.2 Name of Company 3.2 合营公司的名称 The name of the Company shall be “[JV Chinese name]” in Chinese, and “[JV name]” in English. 合营公司的中文名称为“[ ]”,英文名称为“[ ]”。 3.3 Company Legal Address 3.3 合营公司的法定地址 The legal address of the Company shall be [JV legal address], China (in Chinese: [Chinese address]). 合营公司的法定地址为中国[合营公司法定地址],(英文书写:[英文地址])。 3.4 Company Branch Offices 3.4 合营公司的分支机构 The Company may establish branch offices inside China and overseas with the consent of the Board and approval from the relevant governmental authorities. 合营公司经董事会决议并经有关政府机关批准可在 国内外成立分支机构。 3.5 Limited Liability Company 3.5 有限责任公司 The form of organization of the Company shall be a limited liability company. [Neither Party shall have any liability to the Company except to the extent of its agreed capital contributions. The Company shall be liable to its creditors to the extent of its assets.] 合营公司的组织形式为有限责任公司。[任何一方仅以其出资额为限对合营公司承担责任。 合营公司应以其资产对其债权人承担责任。] 3.6 Chinese Laws Applicable 3.6 适用中国相关法律 The Company shall be a legal person under the laws of China. The Company shall be subject to the jurisdiction of and shall be protected by all relevant laws, decrees and rules and regulations of China. The activities of the Company shall comply with the Applicable Laws of China. 合营公司按照中国法律为独立法人。合营公司受中国相关法律的管辖和保护。 合营公司的活动应该遵守中国的相关法律。 4. PURPOSE, SCOPE AND SCALE OF OPERATION 4. 宗旨、经营范围及运营 规模 4.1 Purpose of Joint Venture 4.1 合营公司的宗旨 The purpose of the joint venture shall be to utilize the combined technological, management, operational and marketing strengths of the Parties within the approved scope of business of the Company to achieve good economic results and a return on investment satisfactory to the Parties. 合营公司的宗旨是结合双方在技术、管理、运营以及营销方面的优势,在合营 公司经批准的经营范围内开展业务,以取得良好的经济效益以及令双方满意的投资回报。 4.2 Scope of Business 4.2 经营范围 The scope of business of the Company shall be to [design, manufacture and market [JV products] [to provide [●] services.] 合营公司的经营范围是[设计、制造以及营销[合营产品]并提供[·]合营服务。] 4.3 Business Plan 4.3 业务计划 The Business Plan of the Company shall be established by the Board in view of actual market conditions, expected sales volumes, the employees' ability to absorb new technology and any other factors considered important by the Board. Such plan may be expanded or reduced by the Board from time to time in light of market and other relevant conditions. 合营公司的业务计划由董事会在考虑市场实际情况、预计的产品销售额、雇员 吸收新技术的能力以及其他董事会认为重要的因素后确定。该业务计划可由董事会不时根据 市场行情以及其他相关的`情况予以扩大或缩小。 4.4 Independent Entity 4.4 独立实体 The Company shall conduct its business as an independent economic entity and will operate autonomously. 合营公司作为独立的经济实体开展业务,自主经营。 5. TOTAL INVESTMENT AND REGISTERED CAPITAL 5. 投资总额和注册资 本 5.1 Total Investment Amount 5.1 投资总额 The total amount of investment required by the Company is presently estimated by the Parties to be [total investment amount]. 双方目前估计合营公司所需的投资总额为[ ]。 5.2 Registered Capital Amount 5.2 注册资本 The Company's registered capital shall be [registered capital amount]. 合营公司注册资本为[ ]。 5.3 Contributions to Capital 5.3 出资 (a) Party A's contribution to the registered capital of the Company shall be [Party A registered capital contribution], representing a [Party A equity share percentage] share of the registered capital of the Company. (a) 甲方对合营公司注册资本的出资为[ ],占合营公司注册资本 份额的百分之[ ]。 (b) Party B's contribution to the registered capital of the Company shall be [Party B registered capital contribution], representing a [Party B equity share percentage] share of the registered capital of the Company. (b) 乙方对合营公司注册资本的出资为[ ],占合营公司注册资本份额的百分之[ ]。 5.4 Payment of Registered Capital; Conditions Precedent 5.4 注册资本的缴付;先决条件 (a) Subject to Article 5.4(c) below, each Party shall make its contribution to the registered capital of the Company in accordance with the schedule set forth in Schedule C. (a) 在遵循以下第5.4(c)条规定的前提下,每一方应按照附录三中规定的时间表及条件缴付其认缴的注册资本。 (b) Subject to Article 5.4(c) below, in the event that a Party failsto make its capital contribution, in whole or in part, in accordance with the provisions of this Contract, such Party shall be liable to pay simple interest to the Company at a rate equal to [default interest rate] per annum on the unpaid amount from the time due until the time the full outstanding amount including penaltyinterest is paid to and received by the Company. (b) 在遵循以下第5.4(c)条规定的前提下,如果一方未依照本合同的条款全额或部分出资,则该方应就欠缴的出资额按年利率[ ]的单利向合营公司支付罚息,计息期为该笔出资的应缴日期至该笔出资及罚息全额支付,并由合营公司收到之日。 (c) Neither Party shall have any obligation to make its contribution to the Company's registered capital until it has received each of the following documents: (c) 在一方收到以下各份文件之前,该方没有向合营公司缴付出资的义务: (i) a copy of the Approval Letter and the Approval Certificate approving this Contract and the Articles of Association without 的批复和批准证书,且其中没有对本合同和公司章程作实质性修改; (ii) a copy of the Business License incorporating the business scope set out in Article 4.2 without Material Modification. (ii) 载有本合同第4.2 条所述经营范围的营业执照,且其中对上述经营范围无实质性修改。 (d) If the Approval Letter, Approval Certificate or the Business License (each being an “Approval Document”) is issued with a Material Modification, the Parties shall consult together to determine whether: (d) 如果批复、批准证书或营业执照(合称“批准文件”)中某一份含有对相关内容的实质性修改,则双方应共同协商并做出以下决定之一: (i) to accept such Material Modification and waive the corresponding condition precedent in Article 5.4(c), or (i) 接受这些实质性修改,并且放弃第5.4(c)条所载相应的先决条件,或者 (ii) to apply to the relevant government departments to have such Approval Document amended and re-issued in a form which remedies the Material Modification to the satisfaction of both Parties. (ii) 向相关政府机关申请,对该份批准文件以双方均可接受的方式进行修订,并且重新颁发。 In addition, if the Approval Letter and/or the Approval Certificate is issued with a Material Modification, and the Parties do not agree 英文合同模板集锦 篇35棉花买卖合同(适用于非国产棉贸易) COTTON PURCHASE CONTRACT APPLICABLE TO NON- CHINESE COTTON TRADE 中国棉花协会制定 INSTITUTED BY CHINA COTTON ASSOCIATION 20xx年4月 棉花买卖合同 COTTON PURCHASE CONTRACT 合同编号: 日期: Contract No.: Date: 买方: 卖方: Buyer:Seller: 地址: 地址: Address: Address: 电话: 电话: Tel: Tel: 传真: 传真: Fax: Fax: 电子邮件:电子邮件: E-mail: E-mail: 本合同由买卖双方订立,根据本合同规定的条款,买方同意购买、卖方同意出售下述商品: This Contract is made and entered into by and between the Buyer and the Seller; and in accordance with the terms and conditions of the Contract, the Buyer agrees to buy and the Seller agrees to sell the following commodity: 1 商品名称 1 Commodity 产地: Origin: 生产年度: Crop year: 类别:(细绒棉 ,长绒棉) Category: _________ (upland cotton, long-staple cotton) 加工方式: 锯齿棉皮辊棉 Ginning: saw ginnedroller ginned 2 规格/质量 2 Specifications/Quality 级别: USDA通用棉花标准 Grade:USDA Universal Cotton Standards 凭小样(小样型号) by type: 长度: (英寸,毫米) Staple Length: (inch/mm) 马克隆值: NCL Micronaire: NCL 断裂比强度值: 最小值 克/特克斯,平均值 克/特克斯以上 Strength: minimumgrams/tex, average above grams/tex 3 数量 3 Quantity 净重: (吨,磅,包) Net Weight:(ton/pound/bale) 溢短装率: %(默认值为1.5%) 不允许多装 Weight Tolerance Ratio %( If not specified here, 1.5% will be applied) Excess not allowed 吨与磅的换算公式: 1吨=2204.62磅 Conversion between ton and pound: 1 ton=2204.62 pounds 4价格 4 Price 单价:(美分/磅,人民币元/吨) Unit Price: (USC(cent)/pound or RMB(Yuan)/ton) 价格条件: (CIF,CFR, FOB,其它) Terms: (CIF, CFR, FOB or others) 总价: (美元,人民币元) Total Value:(USD/RMB) 5付款方式 信用证 凭单托收其它 5 Payment Terms Letter of Credit D/P Others 6重量、质量检验:CIQ检验证书为结算和索赔的依据 6 Weight and Quality Inspection: CIQ Inspection Certificate shall be the basis for settlement and compensation 7装运/交货日期:从——(年月日)到——(年月日),或按月等量装运/交货(每月数量)(吨,磅,包) 7 Shipment / Delivery: shipment /delivery from_________(mm/dd/yy) to_______(mm/dd/yy) Or equal monthly shipment/delivery as follows: ___________( ton, pound, bale) 8目的地: 8 Destination: 9一般条款 9 General Terms 一般条款为本合同不可分割的一部分。对该条款中任何一款的修改和删除应在备注中注明。 The General Terms shall constitute an integral part of the Contract. Amendment to or deletion of any general terms shall be specified in the Remarks. 10 仲裁:凡因本合同引起的或与本合同有关的任何争议,双方同意提交:(中国国际经济贸易仲裁委员会[CIETAC]; 国际棉花协会[ICA]; 其它仲裁机构),按照申请仲裁时该仲裁机构现行有效的仲裁规则进行仲裁。 10 Arbitration: Any dispute arising from or in connection with the Contract shall be referred to ( CIETAC ,ICA , OTHERS )for arbitration in accordance with its arbitration rules effective at the time of application. 11 本合同采用书面形式,由买卖双方授权代表签字。双方在合同签订日之前以其它书面通讯方式,如信函、电报、传真或电子邮件形式达成的成交内容,须由本合同确认。 11 This Contract shall be made in written form and signed by the authorized representatives of the parties. The signed or stamped contract shall verify the terms and conditions of the contract previously agreed to at an earlier date in other written communications including mail, telegraph, fax, or e-mail. 12 备注 12 Remarks 买方签字: 卖方签字: Signature of the Buyer:Signature of the Seller: 日 期: 日 期: Date: Date: 一般条款 GENERAL TERMS 本一般条款是《棉花买卖合同》不可分割的一部分。 These General Terms shall be an integral part of the Cotton Purchase Contract. 1 定义 1 Definitions 在本合同中,下列词语的含义如下: The following terms shall have the following meanings in the Contract: · CIQ:中国出入境检验检疫机构。 CIQ:China Entry-Exit Inspection and Quarantine · NCL:不允许超出控制界限。 NCL:No control limit is allowed. · USDA:美国农业部。 USDA: United States Department of Agriculture · 通知:采用电报、信函、传真、电子邮件等方式告知对方。 Notification: to notify the other party by telegraph, mail, fax, e-mail, or other methods. · 皮重:棉花包装材料的重量。 Tare: the weight of cotton’s packaging materials. · 净重:总重扣除皮重后的重量。 Net Weight: the gross weight less tare. · 非棉物质:混入棉花中对使用有严重影响的硬软杂物,如化纤丝、麻丝、破布、木屑、金属物品等。 Non-Cotton Substance: soft or hard sundries mixed in the cotton that have serious impact on the use of the same, including chemical fiber, flax, cloth, wooden chips metal articles, etc. · 无纺用价值棉花:霉变棉、水渍棉、油污棉、火烧棉、棉花废料、棉短绒等。 No Spinning Value Cotton: mouldy cotton, water damaged cotton, oil stained cotton, burned cotton, cotton waste and linters, etc. · 棉花废料:加工或使用棉花过程中产生的下脚回收废料等。 Cotton Waste: leftover and/or recycling waste left during the processing or use of the cotton. · 欺诈棉包:单个棉包中:含有与棉花完全无关的非棉物质;里面含有污染棉花,但从棉包外部或可看出或看不出来;好棉花在外面,次棉花包在里面,以免在常规检查中被发现;有一定数量的无纺用价值棉花。 False Packed Bale: cotton in a single bale: containing substances entirely foreign to cotton; containing damaged cotton in the interior with or without any indication of such damage upon the exterior; composed of good cotton upon the exterior and decidedly inferior cotton in the interior, in such a manner as not to be detected by customary examination; or containing a certain amount of no spinning value cotton. · 混杂棉包:单个棉包中含有一定数量不同品级、不同长度或不同颜色类型的棉花。 Mixed Packed Bale: a bale containing a certain amount of different grades, staples or colors of cotton. · 溢短装率:到岸重量超出或少于合同规定重量的部分占合同总重量的百分率。 Weight Tolerance Ratio: the percentage of the part of the CIQ landed weight exceeding or shorter than the weight provided by the Contract against the total contract weight. · 棉包密度:采用通用棉包密度,是指根据国际标准化组织——ISO第8115-1986(E)的规定,一个货包长度在1060-1400毫米,宽度540毫米,高度700-950毫米。 Bale Density: Universal Bale Density as determined by the International Standards Organization – ISO Reference No. 8115-1986 (E) is a bale with the nominal dimensions of 1060 to 1400 mm in length by 540 mm in width and 700-950 mm in height. 2包装 2 Packing 适合于海运的紧缩机出口包装,外裹棉布或其他不能产生异性纤维的包装,捆扎牢固,包装完整。如果使用容易产生异性纤维的包装材料包装棉花,则卖方须承担全部清理异性纤维的费用。棉花须以通用密度压缩货包的形式供货。 Compressed export packing suitable for voyage, outside wrapped by cotton cloth or other packing materials that do not contain foreign matters, tightly and completely packed. If any packing materials that may easily produce foreign matters are used to pack the cotton, the Seller shall bear all the expenses for the cleaning of foreign matters. The cotton shall be supplied in forms of universal density compressed package. 3唛头 3 Marks 除非另有约定,在棉包上挂有永久性棉包标识卡或在棉包的两侧用不褪色的颜料按下列项目逐包刷唛,其内容为: Unless otherwise agreed, hang permanent cotton identification card onto the cotton bale or mark on both sides of each cotton bale with unfading paint the following items: A 批号/包号 B毛重 C合同号 A. Lot Number/Bale NumberB. Gross WeightC. Contract Number 若唛头不清,由此而产生的混唛理货费由卖方承担。 If the marks are not clear, all the expenses arising from sorting the mixed mark bales shall be borne by the Seller. 4装船通知 4 Shipment Notice 4.1 如为FOB成交:卖方应在收到船公司的装运通知后48小时内,通知买方合同号、品级、长度级或小样型号、包装、净重、金额;装船日期、装船口岸、目的港和预计到港日期,并航寄、传真或电子邮件的形式将装船单据副本一式三份给买方。 4.1 Under FOB terms: the Seller shall notify the Buyer by telegraph, fax or e-mail of the contract number, grade, staple or type, packing, net weight, and price; as well as shipment date, shipment port, destination port and estimated arrival date within 48 hours after notification from the shipping line and mail, fax or e-mail three copies of the duplications of the loading documents to the Buyer. 4.2 如为CFR/CIF成交:卖方应在收到船公司的装运通知后48小时内,通知买方船名、船龄(老船卖方要付超龄加保费)、船旗、装船日期、装船口岸、目的港、合同号、提单号、总金额、毛重、净重。 4.2 Under CFR/CIF terms: the Seller shall notify the Buyer of the ship name, ship age (for aged ship the Seller shall pay the over-age extra premium), ship flag, shipment date, shipment port, destination port, contract number, number of the bill of lading, total price, gross weight and net weight within 48 hours after the shipment notification from the shipping line. 4.3 如卖方未按上述4.1、4.2款规定通知买方,以致买方未能及时购买保险,由此而产生的损失由卖方负担。 4.3 If the Seller fails to notify the Buyer by telegraph, fax or e-mail as provided in above Article 4.1 and Article 4.2 and thus the Buyer is unable to purchase the insurance in time, all the losses arising therefrom shall be borne by the Seller. |
随便看 |
|
范文大全网提供教案、简历、作文、工作总结等各类优秀范文及写作素材,是综合性免费范文平台。