英文合同范例(通用16篇)
现今很多公民的维权意识在不断增强,合同的类型越来越多,它也是减少和防止发生争议的重要措施。那么相关的合同到底怎么写呢?下面是小编为大家整理的英文合同范例(通用16篇),仅供参考,希望能够帮助到大家。

英文合同 1
SALES CONTRACT
NO.:BS08125 DATE: NOV.6,2008
THE SELLER: BLUE SKY INTERNATIONAL TRADING CO.,LTD.
118# 5TH NORTH RING ROAD, BEIGING, P.R.CHINA
THE BUYER:STAR CORPORATION
5 KINGROAD DUBAI, UAE
This Contract is made by and between the Buyer and Seller, whereby the Buyer agree to buy and the Seller agree to sell the under-mentioned commodity according to the terms and conditions stipulated below:
数量和金额可以上下浮动5%
PACKING:20 pieces of Baby Blankets are packed in one export standard carton, solid color and size in the same carton. 包装:20条童毯被装进一项输出品标准硬纸盒、一样颜色和尺寸的装在相同的硬纸盒。
MARKS: Shipping mark includes STAR ,S/C No. ,style No. , port of destination and carton No. 唛头:运输唛头包括STAR(公司名)、合同(sales contract)号码,款式号码,目的港和纸箱号码
Side mark must show the color, the size of carton and pieces per carton.
侧唛头必须显示纸箱颜色,规格和每箱(童毯)条数
TIME OF SHIPMENT:装运期
Within 60 days upon receipt of the L/C which accord with relevant clauses of this Contract.收到符合合同的信用证,六十天内
PORT OF LOADING AND DESTINATION: From Tianjin, China to Dubai, UAE
装运港 目的港
Transshipment is allowed and partial shipment is prohibited.
转运被允许,而且分批装运被禁止。
INSURANCE: To be effected by the Seller for 110% of invoice value covering All Risks and War Risks as per CIC of PICC dated 01/01/1981.保险:卖方按合同金额的110% 投保 包含的一切险和战争险依照1981年的 PICC 规则的 CIC 条约。
TERMS OF PAYMENT: By irrevocable Letter of Credit at 60 days after sight, reaching the Seller not later than Nov.30, 2008 and remaining valid for negotiation in China for further 15 days after the affected shipment. In case of late arrival of the L/C, the Seller shall not be liable for any delay in shipment and shall have the right to rescind the contract and /or claim for damages.付款期限:不可撤销信用证,见票后60天付款.卖方收到信用证不得晚于08年11月30号。偿付通知议付在中国 装船后15天内提交单据,如果信用证迟到,卖方将不负责装船中的任何延迟而且将有权利废止合同和│或损害要求(赔偿)。
DOCUMENTS:文件
+Signed invoice in triplicate, one original of which should be certified by Chamber of Commerce or CCPIT and legalized by UAE embassy/consulate in seller’s country.
+签署的单据一式三份,一份正本应该被商会或 CCPIT (贸促会)检定而且在卖方的国家被阿拉伯联合大公国大使馆│领事法律上认为正当。
+Full set (3/3) of clean on board ocean bill of lading marked “freight prepaid” made out to order blank endorsed notifying the applicant.
+全套 (3|3) 清洁海运提单 标记" 船货预付 " 空白抬头提单通知申请人。 +Insurance policy in duplicate endorsed in blank.
+保险单一式两份空白背书。
+Packing list in triplicate.
+包装目录一式三份
+Certificate of origin certified by Chamber of Commerce or CCPIT and legal
ized by UAE embassy/consulate in seller’s country.
+被商会或 CCPIT(贸促会) 检定的原产地证明书而且在卖方的国家根据阿拉伯联合大公国大使馆│领事法律上认为正当。
INSPECTION: The certificate of quality issued by the China Entry-Exit Inspection and Quarantine Bureau shall be taken as the basis of delivery.
检验:质量证书根据中国进出口检验检疫局发行,将当做交付的基础。
CLAIMS: In case discrepancy on the quality or quantity of the goods is found by the Buyer, after arrival of the goods at the port of destination, the Buyer may, within 30 days and 15 days respectively after arrival of the goods at the port of destination, lodge with the Seller a claim which should be supported by an Inspection Certificate issued by a public surveyor approved by the Seller. The Seller shall, on the merits of the claim, either make good the loss sustained by the Buyer or reject their claim, it being agreed that the seller shall not be held responsible for any loss or losses due to natural cause failing within the responsibility of Ship owners of the Underwriters. The Seller shall reply to the Buyer within 30 days after receipt of the claim.
索赔:买方发现货物在质量和数量上有差异,货物到达目的港后,买主可以,在30 天到15 天之内,在货物抵达后在目地港,向卖方提出要求,要求应该被一份被卖方核准的公众的检查官发行的检验证书支援。卖方,在在赔偿要求中,要么承受买方损失 要么拒绝索赔,经双方同意,卖方将不承担任何损失 或者 损失是由自然原因将或由船方造成的损失 卖方应在30天内答复买方。
LATE DELIVERY AND PENALTY: In case of late deliver, the Buyer shall have the right to cancel this contact, reject the goods and lodge a claim against the Seller. Except for Force Majeure, if late delivery occurs, the Seller must pay a penalty, and the Buyer shall have the right to lodge a claim against the Seller. The rate of penalty is charged at 0.5% for every 7 days, odd days less than 7 days should be counted by the paying bank or the Buyer from the payment.
迟期交货及刑罚:以防迟到的传递,需方有权取消这个合同,拒绝接受货物和向卖方提出索赔。除不可抗力,如果迟期交货时,卖方必须支付违约金,买方有权向卖方提出索赔。罚金是0.5%,每7天,天数不到7天应安7天算 由银行付款银行或由买方的.货款中扣除。
FORCE MAJEURE: The Seller shall not held responsible if they, owing to Force Majeure cause or causes, fail to make delivery within the time stipulated in the Contract or cannot deliver he goods. However, in such a case, the Seller shall inform the Buyer immediately by cable and if it is requested by the Buyer, the Seller shall also deliver to the Buyer by registered letter, a certificate attesting the existence of such a cause or causes.
不可抗力:卖方不负责,但卖方必须立即以传真或原因,不可抗力原因,未能交货时间内应收的合同或不能救他的货物。然而,在这种情况下,卖方应立即以电报通知买方。如果是按照买主的要求,卖方应负责向买方把挂号信,证书,证明这样的原因还是存在的原因。
ARBITRATION: All disputes in connection with this contract or the execution thereof shall be settled amicably by negotiation. In case no settlement can be reached, the case shall then be submitted to the China International Economic Trade Arbitration Commission for settlement by arbitration in arbitration in accordance with the Commission’s arbitration rules. The award rendered by me commission shall be final and binding on both parties. The fees for arbitration shall be borne by the losing
party unless otherwise awarded.
仲裁:凡有关本合同或实施应通过友好协商予以解决。若通过友好协商未能达成协议,则应提交中国国际经济贸易仲裁委员会仲裁在解决根据该会的仲裁规则进行仲裁。我的裁决是中局的,对双方都有约束力。仲裁费用应由败诉方承担除非另有判决。
This contract is made in four original copies and becomes valid after signature, two copies to be held by each party.
本合同正本及成为四个有效签名后,双方各两份。
Signed by:
THE SELLER:
BLUE SKY INTERNATIONAL TRADING CO, .LTD.
Tian Fang THE BUYER: STAR CORPORATOON Lamia Khashoggi
英文合同 2
This Agreement is made at _____, on the _____day of_____ 20xx, between _____, hereinafter
called the "lessor" and Mr./Mrs/Miss _____, hereinafter called the "Lessee".
本合同在_____于20xx年___月___日签订。合同双方为:_____(以下称为“出租人”)和____先生/夫人/小姐(以下称为“承租人)。
The parties to the contract agree as follows:
合同双方均同意以下条款:
1. The Lessor agrees to lease and the Lessee agrees to take on lease unit(s)of shophouses, Room Nos _____, situated at _____Road, Tambo______, District of _____, Province of _____, with telephone number _____, for a period of ____ years at a monthly rental of ___ baht.
出租人同意出租,承租人同意租赁位于____府____区____乡____路的店房___间,房号为____,电话号码为____,租期为____年,月租金_____铢(泰币)。
2. The Lease period aforementioned in Clause 1 shall be effective as of the date the Lessor completes all details as in Clause 3, and notifies the Lessee in writing within 7 days thereof.
在以上第1条款中所规定的租期,从出租人完成第3条款所有规定并在7天内通知承租方后开始生效。
3. The Lessor agrees to complete repair of the shophouse in accordance with the following details:
出租人同意按以下具体规定完成该店房的维修工作。
3.1——
3.2——
3.3——
3.4——
4. On this contract signing date, the Lessor has received a deposit as rent security amounting to_______baht. Should the Lessee be overdue on rent payment for any month, the Lessee agrees for the Lessor to immediately deduct the amount due from the said deposit as rent payment.
在本合同签订之日,出租人已收到合计_____铢的`房租保证金。如果承租人某月逾期未交租金,承租人同意出租人立即从保证金中扣除应收款项作为租金。
5. The Lessee agrees to pay rent to the Lessor by or before the_____th day of every month. Should the Lessee be in default of rent payment within the said period, the Lessee agrees that this contract then becomes extinct without any notification.
承租人同意在每月___日或在此之前付清租金。如果承租方违约,未在该期内付款,承租人同意本合同不经通知便可终止。
6. Payment of all building and land taxes shall be borne solely by the Lessee.
一切房屋、土地税均由承租方承担。
7. Should the shophouse be legally condemned before expiration of the contract, the parties agree that the contract becomes extinct and shall not claim any damages from each other. Provided that the Lessee still resides in the building for which the Lessee shall pay rent to the Lessor until the Lessee moves out of the building and completes handover of the building to the Lessor.
如果本店房在合同终止之前依法被没收,双方同意本合同遂告终止,双方不得向对方提出索赔。只要承租人还在本商店,承租人必须交纳租金,直至其搬出,把店房还给出租人为止。
8. The Lessee agrees to pay rent and all telephone bills to the Telephone organization of Thailand from the day of the enforcement of this contract.
承租人同意从本合同生效之日起开始支付租金,并向泰国电话管理当局缴纳电话费。
9. The Lessor agrees that he shall not increase the rent for a period of 2 years from the date of this contract signing.
出租人同意在本合同签订之日起2年内不得增加租金。
10. The Lessor agrees that upon expiration of this contract at the end of the lease period, the Lessor shall allow the Lessee to continue leasing for another period of___years, on condition that the Lessee has not breached this contract in any way.
出租人同意在本合同终止即租期结束时,只要承租人不曾违约,出租人可允许承租人续租____年。
11. The Lessee agrees to maintain the leased building in good condition and not allow it to further deteriorate. Any modifications or additions carried out on the leased building by the Lessee may be done only with the Lessors prior written permission. Any new structure resulting from modification, addition or repair to the leased building becomes the property of the Lessor, and the Lessee cannot claim any damages. This lease contract is terminated should the leased building be subject to a fire disaster.
承租人同意将所租建筑保持良好状态,并不得任其损坏。如果承租人对出租房屋作任何调整或增添任何设施,事先必须征得出租人的书面同意。房内任何增添和装修过的设施都成为出租人的财产,而且承租人不得以此向出租人提出补偿要求。如果发生火灾,本租赁合同立即终止。
12. The Lessee shall permit the Lessor or his representative to enter the leased building for inspection at appropriate times.
承租人应允许出租人及其代表在适当的时间进入该房进行检查。
13. The Lessee shall not sub-let the building to any other persons, except with the prior written approval of the Lessor.
除非事先有出租人的书面许可,承租人不得把该房再出租给其他任何人。
14. For whatever reason, if the Lessee leaves the leased building, the Lessee agrees that he shall not claim any damages or removal costs from the Lessor.
不论出于何种原因,如果承租人离开所租房屋,承租人同意不得向出租方提出索赔或搬迁费的要求。
15. Breach of contract in any regard on the part of the Lessee shall be grounds for the Lessor to terminate this contract immediately; the Lessee shall then permit the Lessor to have right to repossess the leased building immediately.
承租人有任何违约行为,出租人便有权立即终止本合同。承租人应允许出租人有权立即收回该出租房屋。
This contract is made in duplicate. The parties to the contract having read and understood the entire substance of the contract hereby sign their names in the presence of witnesses.
本合同一式两份,合同双方在阅读完和理解本合同全部内容后,在证人在场的情况下,在下面签了字。
Signed_____Lessor
出租人_____签字
Signed_____Lessee
承租人_____签字
Signed_____Witness
证人______签字
Singed_____Witness
证人______签字
英文合同 3
The 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 4
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_____%的增减,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 目的口岸:Port of Destination:
12 保险:由卖方按发票全额110%投保至_____为止的_____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_____日将保兑的,不可撤销的,可转让可分割的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 remain valid for ingotiation in China until 15 days after the aforesaid time of shipment. Tje L/C must specify that transhipment and partial shipments are allowed.
14 单据:Documents:
15 装运条件:Terms of Shipment:
16 品质与数量、重量的异义与索赔:Quality/Quantity Discrepancy and Claim:
17 人力不可抗拒因素:
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,该方不负责任。但是,受不可抗力事件影响的一方须尽快将发生的事件通知另一方,并在不可抗力事件发生15天内将有关机构出具的不可抗力事件的证明寄交对方。
Force Majeure:
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, controlled, avoided or overcome by the relative party. However, the party affected by the event of Force Majeure shall inform the other party of its occurrence in writing as soon as possible and thereafter send a certificate of the event issued by the relevant authorities to the other party within 15 days after its occurrence.
18 仲裁:
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。该委员会决定是终局的',对双方均有约束力。仲裁费用,除另有规定外,由败诉一方负担。
Arbitration
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.
19 备注:Remark:
卖方:Sellers: 买方:Buyers:
签字:Signature: 签字:Signature:
销售合同SALES CONTRACT
日期: 合同号码:
Date: Contract No.:
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)
英文合同 5
Sales Contract Template in English
A sales contract is an essential document that is signed by both the buyer and the seller when two parties agree to purchase or sell goods or services. The sales contract outlines the terms and conditions of the sale and specifies the rights and obligations of the buyer and seller. When preparing a sales contract, it’s essential to ensure that it complies with all relevant laws and regulations.
The following is a template for a sales contract that can be modified to suit the specific needs of your business.
Sales Contract
This Sales Contract (“the Contract”) is entered into on [Date of Contract] (“the Effective Date”) by and between [Seller’s Name] with an address at [Seller’s Address] (“the Seller”) and [Buyer’s Name] with an address at [Buyer’s Address] (“the Buyer”).
Goods
The Seller agrees to sell and the Buyer agrees to buy the following goods: [Description of Goods] ("the Goods").
Price
The Buyer agrees to pay the Seller the sum of [Price] dollars ($[Price]) for the Goods.
Delivery
The Seller shall deliver the Goods to the Buyer within [Delivery Time] days after the Effective Date of the Contract. Delivery shall be made to the Buyer at [Delivery Address]. The Seller shall be responsible for all costs associated with the delivery of the Goods.
Inspection
The Buyer shall have [Inspection Time] days from the date of delivery to inspect the Goods. If the Goods are not in accordance with the specifications set forth in this Contract or are damaged, the Buyer shall have the right to return the Goods to the Seller.
Payment
The Buyer shall pay the Seller the full purchase price upon delivery of the Goods. If payment is not made within [Payment Time] days of delivery, the Seller reserves the right to terminate this Contract and take appropriate legal action.
Warranties
The Seller warrants that the Goods are free from any defects in material and workmanship and that they conform to the specifications set forth in this Contract. This warranty is valid for [Warranty Period] days from the date of delivery.
Limitation of Liability
The Seller shall not be liable for any indirect, special, or consequential damages arising from this Contract, including but not limited to, loss of use, loss of profits, or the cost of substitute goods.
Governing Law
This Contract shall be governed by and construed in accordance with the laws of [Governing Law]. Any disputes arising under this Contract shall be resolved in accordance with the laws of [Governing Law].
Entire Agreement
This Contract constitutes the entire agreement between the Buyer and the Seller and supersedes all prior negotiations, agreements, and understandings, whether written or oral, relating to the subject matter of this Contract.
Amendments
This Contract may not be amended or modified except in writing signed by both parties.
IN WITNESS WHEREOF, the parties to this Contract have executed it as of the Effective Date.
Sellers Signature: ________________________ Buyers Signature: _________________________
Seller’s Name: __________________________ Buyer’s Name: __________________________
Seller’s Address: _________________________ Buyer’s Address: ________________________
Conclusion
The above sales contract template provides a basic framework for businesses involved in selling goods or services. However, specific clauses can be added or removed to tailor the contract to the particular needs and requirements of the parties involved. It’s essential to ensure that both parties have a clear understanding of the terms and conditions specified in the contract before signing to avoid future disagreements or conflicts.
英文合同 6
CONTRACT OF GOODS PURCHASE
Contract No.:
合同号:
Date:
日期:
The Buyer: 买方:
Address: 地址:
Fax: 传真:
Tel: 电话:
The Seller: 卖方:
Address: 地址:
Fax: 传真:
Tel: 电话:
1. COMMODITY AND PRICE 商品和价格
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 commodity and on terms and conditions stipulated below:
本合同由买卖双方订立,根据下列条款和条件买方同意购买且卖方同意出售下列商品: Item No. 序号
Commodity and specifications 商品和规格
Quantity数量
Unit Price + Price Term单价和价格术语
Total Amount in U.S.Dollar总价(美元)
1
TOTAL value: USD (SAY U.S. DOLLARONLY)总金额: 美元 (大写 美元整)
2. COUNTRY OF ORIGIN AND MANUFACTURERS: THE NETHERLANDS/ PHILIPS 原产国和制造商:
3. TIME OF SHIPMENT: 装运时间:
The Seller agrees to exercise customary & reasonable business practices to meet the Buyer’
s requested delivery dates set forth herein. The Buyer understands that shipping dates may depend upon site readiness and the Seller’
s prompt receipt of all necessary information from the Buyer as well as prompt shipment of the products from its sub-supplier. The Seller shall not be liable to pay compensation to the Buyer for non, late or mis-delivery for causes beyond the Seller’
s control (and if not remedied within a reasonable time).
卖方同意采用惯常的和合理的商业作法满足买方上述列明的交付日的要求。买方知悉装运日期取决于场地的准备就绪、卖方从买方及时收到所有必要的信息以及卖方的转供货商对产品的及时发运。卖方不应对超出其控制的原因导致的未交付、延迟交付或错误交付(并且未在合理的时间内补救)对买方承担赔偿责任。
4. PORT OF SHIPMENT / LOADING:MAIN SEAPORT OF EUROPE
发运港/装运港 : 欧洲主要海港
5. PORT OF DESTINATION:
目的港 :,中国, The People’s Republic of China
6. MODE OF SHIPMENT: (in case of third party items required)
装运方式:(如果需要第三方项目)
Partial shipment not allowed- 不允许部分装运
Transhipment allowed- 允许转运
Unless otherwise stated, the Seller shall arrange delivery of the products to the Buyer at the destination port stated herein and by the appropriate transportation means as the Seller shall think fit.
除非另有规定,卖方应安排产品通过卖方认为适合的'恰当的运输方式将产品在本合同项下规定的目的港交付给买方。
7. INSURANCE:保险
To be covered by the Seller for 110% of invoice value against war risks, all risks including TPND, breakage and leakage
应由卖方按发票金额的110% 投保战争保险 , 一切险包括TPND, 破碎及渗漏。
8. PACKING:包装
In standard Philips Export Packing and seaworthy materials for marine transportation.
应以适合海运的材料用标准的飞利浦出口包装进行包装。
英文合同 7
Transport Contract
托运方Shipper:____________________________________
地址:Add.____________ 邮码:Zip____________ 电话:Tel____________
法定代表人:Legal representative____________ 职务:____________
承运方:Carrier____________________________________
地址:Add____________ 邮码:Zip____________ 电话:Tel____________
法定代表人:Legal representative____________ 职务:____________
根据国家有关运输规定,经过双方充分协商,特订立本合同,以便双方共同遵守。
The Shipper and the Carrier hereby enter this Contract through discussion according to the national related regulation.
第一条 货物名称、规格、数量、价款
Article 1. Name of goods, specifications, quantity, price
第二条 包装要求
Article 2. Packing requirement
托运方必须按照国家主管机关规定的标准包装;没有统一规定包装标准的,应根据保证货物运输安全的原则进行包装,否则承运方有权拒绝承运。
The shipper shall provide standard package as per the national standards. For the non-standard package, the shipper shall pack the goods by guaranteeing the safety of the goods. Otherwise the carrier has the right to refuse to transport.
第三条 货物起运地点 货物到达地点
Article 3. Place of departure, place of destination
第四条 货物承运日期 货物运到期限
Article 4. Date of dispatch, date of arrival
第五条 运输安全要求
Article 5. Safety requirement for transportation
第六条 货物装卸方法
Article 6. Method of loading and unloading
第七条 收货人领取货物及验收办法
Article 7. Reception and checking of the goods
第八条 运输费用、结算方式
Article 8. Freight and settlement
第九条 各方的权利义务
Article 9. Rights and Obligation of both sides
一、托运方的权利义务 The rights and obligation of the shipper
1.托运方的权利:要求承运方按照合同规定的时间、地点、把货物运输到目的地。货物托运后,托运方需要变更到货地点或收货人,或者取消托运时,有权向承运方提出变更合同的内容或解除合同的要求。但必须在货物未运到目的地之前通知承运方,并应按有关规定付给承运方所需费用。
The shipper’s rights: Requesting the carrier to transport the goods to the destination on time stipulated in this contract. After transferring the goods to the carrier, if the shipper needs to change the destination or the consignee, the shipper shall have the right to change the contents of the contract or cancel the contract. However, the shipper shall inform the carrier before the arrival at destination, and pay the relevant charges to the carrier.
2.托运方的义务:按约定向承运方交付运杂费。否则,承运方有权停止运输,并要求对方支付违约金。托运方对托运的货物,应按照规定的标准进行包装,遵守有关危险品运输的规定,按照合同中规定的时间和数量交付托运货物。
The shipper’s obligation: Paying the freight and other charges as the contract to the carrier. Otherwise, the carrier shall have the right to stop transporting, and claim to the shipper of the punishment. The shipper shall pack the goods according to standards, and abide by the transportation regulations of dangerous goods, and transfer the goods to the carrier as stipulated quantity and time in the contract.
二、承运方的权利义务The rights and obligation of the carrier
1.承运方的.权利:向托运方、收货方收取运杂费用。如果收货方不交或不按时交纳规定的各种运杂费用,承运方对其货物有扣压权。查不到收货人或收货人拒绝提取货物,承运方应及时与托运方联系,在规定期限内负责保管并有权收取保管费用,对于超过规定期限仍无法交付的货物,承运方有权按有关规定予以处理。
The carrier’s right: Charging the freight and other costs to the shipper and the consignee. If the consignee refuses to pay or fails to pay on time of the stipulated freight and costs, the carrier shall have the right to retain the goods. If the arrival notice cannot reach the consignee or the consignee refuses to receive the goods, the carrier shall have the right to custody the goods within the stipulated period and charge for it. In case the goods can not be delivered after the stipulated period, the carrier shall have the right to dispose the goods according to relative regulations.
2.承运方的义务:在合同规定的期限内,将货物运到指定的地点,按时向收货人发出货物到达的通知。对托运的货物要负责安全,保证货物无短缺,无损坏,无人为的变质,如有上述问题,应承担赔偿义务。在货物到达以后,按规定的期限,负责保管。
The carrier’s obligation: Delivering the goods to the destination on time, and informing the consignee of the arrival in time. The carrier shall be responsible for the safety of the goods, protect the goods from shortage, damage, and contrived deterioration. Otherwise, the carrier shall be obliged to compensate the shipper or consignee. The carrier shall custody the goods for stipulated period after the arrival of the goods.
三、收货人的权利义务The rights and obligation of the consignee
1.收货人的权利:在货物运到指定地点后有以凭证领取货物的权利。
The consignee’s right: Taking the goods at the destination by presenting bill of cargo.
2.收货人的义务:在接到提货通知后,按时提取货物,缴清应付费用。超过规定时间提货时,应向承运人交付保管费。
The consignee’s obligation: Taking the goods on time upon receipt of the notice of arrival, and paying the charges. The consignee shall pay the custodial fees when the time is overdue.
第十条 违约责任
Article 10. Obligation for Breach
一、托运方责任: The shipper
1.未按合同规定的时间提供托运的货物,托运方应偿付给承运方违约金___ 元。
If the shipper does not delivery the goods to the carrier as per the stipulated time, the shipper shall pay to the carrier RMB___ as a penalty.
2.由于在普通货物中夹带、匿报危险货物,错报笨重货物重量等招致吊具断裂、货物摔损、吊机倾翻、爆炸、腐烛等事故,托运方应承担赔偿责任。
In the case of the shipper putting dangerous goods together with the normal cargo, or concealing heavy items, thus result in breakage of hoisting tools, dropping of goods, turn-over of crane, explosion, corrosion, etc. the shipper shall take the obligation of compensation.
3.由于货物包装缺陷产生破损,致使其他货物或运输工具、机械设备被污染腐蚀、损坏,造成人身伤亡的,托运方应承担赔偿责任。
If other’s cargo or transport facilities are polluted or corroded, or persons are injured or dead due to the defect of package, the shipper shall take the obligation of compensation.
二、承运方责任:The carrier
1.不按合同规定的时间和要求配车、发运的,承运方应偿付甲方违约金____元。
If the carrier does not load or ship the goods as per the stipulated time, the carrier shall pay to the shipper RMB___ as a penalty.
2、承运方如将货物错运到货地点或接货人,应无偿运至合同规定的到货地点或接货人。如果货物逾期达到、承运方应偿付逾期交货的违约金____。
If the carrier delivers the goods to wrong destination or wrong consignee, the carrier shall make correction. If the goods do not arrive at the destination on time, the carrier shall pay to the shipper RMB__ as a penalty.
3.运输过程中货物灭失、短少、变质、污染、损坏,承运方应按货物的实际损失(包括包装费、运杂费)赔偿托运方。
If loss, shortage, deter operation, pollution or damage should occur to the goods, the carrier shall compensate for the loss (including the packing cost and freight) to the shipper.
4.在符合法律和合同规定条件下的运输,由于下列原因造成货物灭失、短少、变质、污染、损坏的,承运方不承担违约责任:
The carrier shall not be obliged for loss, shortage, deter operation, pollution or damage resulted from the following reason(s):
①不可抗力;Force Majeur
②货物本身的自然属性;the nature of the goods
③货物的合理损耗;reasonable loss
④托运方或收货方本身的过错。Faults of the shipper or the consignee
本合同正本一式二份,合同双方各执一份.This contract has original of duplicate.
英文合同 8
合 同 CONTRACT
日期: 合同号码:
Date: Contract No.:
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: (授权签字)
卖方: (授权签字)
英文合同 9
INTERNATIONAL SALESCONTRACT
The Seller agrees to sell and the buyer agrees to buy the undermentioned commodity according to the terms and conditions stated below:
(1)Product description:
(a) model number:BCD—226STV
(b)About the exterior appreance:
total volume(L):226
power comsumption(kW.h/24h):0.6
effective area of freezer:58
effective area of variable greenhouse:43
effective area of storage room:125
dimentions(L*W*H):580*560*1786mm
(c)About the function:
Fresh kept; automatic thermostat;
over-temperature alarm; led display;
individual shutdown.
Unit Price: $680 (680 dollars)per set
Quantity:1000 sets
(2)Contract Value:$680,000(six hundred and eighty dollars )
(3)Country of Origin: China
(4)Port of Shipment: Dalian,China
(5)Port of Destination: Newyork,Ameirica
(6)Time of Shipment: November 12th, 2009
(7)Packing: The goods must be properly packaged, suitable for ocean-going and long-distance land transport, moisture, shock, anti-rust resistance, rough handling, to ensure that the goods will not be damaged by the above reasons, so good to arrive safely. Any loss caused by poor packing should be born by the seller.
(8)Marks: The seller must use non-fading paint to print each box number, size, gross weight, net weight, hanging position, "this side up", "Handle with care", "keep dry" and other words.
(9) Insurance:The insurance shall be covered by the Seller under the term of CIF for 110% of the invoice value against all risks.
(10) Terms of Payment: Letter of Credit.
The buyer shall 30 days prior to shipment open an irrevocable credit contained the buyer as the payer and the seller as the beneficiary through U.S. bank. China bank should commit the credit after he received and verificated the following documents.
(a)Full set of clean on board ocean Bills of Lading made out to Great World Store and blank endorsed marked freight to collect; (b)Commercial lnvoice;
(c) The Inspection Certificate of Quality issued by CCIC of China; (d)Certificate of Origin;
(e)Notice of Shipment.
(11)Terms of Shipment:
(a)The seller must notify the buyer name of the booking vessel and itstransportation routes 40 days before sail, for the buyer to confirm. (b)The seller must notify the buyer expected time of delivery, contract number, invoice amount, the number and the shipment weight and size of each piece 20 days before shipment.
(C) The seller must notify the buyer of goods, quantity, gross weight, invoice amount, name of the vessel, and departure dates by telegraph/telex within 48 hours after shipment.
(d) If any piece of cargo to meet or exceed the weight of 10 tons, 15meters long , 10 meters wide, the seller shall 50 days before shipment provide the buyer with five copies of detailed packing drawing, indicating detailed size and weight, so that the buyer can arrange inland transport.
(e)Transhipment and Partial shipment are both not allowed.
(12) Inspection:
(a)The seller must test the quality of goods, specification and quantity fully and accurately, and issue a quality certificate to prove that the delivery is in accordance with the relevant provisions of the contract , but this certificate is not the fianl basis toprove quality of the goods, specifications, performance, and number .The seller should attach the written report contained inspection details and results of tests to the quality manual.
(b)After the goods arrive at the port of destination, the buyer must apply to the U.S. Commodity Inspection Bureau for inspecting the quality of goods, specification and quantity , and issue a certificate of inspection. If you find that the quality, specification and quantity
do not match with the contract, in addition to which insurance companies or ship shall be responsible for, the buyer has the right to refuse accepting the goods and claim to the seller,within 7 days after arrival at the port of destination .
(c) If the inspection certificate can not be settled within the validity period of the contract for some unforeseen reasons, the buyer should telephone the seller to extend the inspection period for 3 days.
(13)Claims:
(a) Within 3 days from the date of the arrival of the goods at the final destination,if the quality,specification,quantity and packing of the goods are found not in conformity with the stipulations of this contract,the Buyer shall give a notice of claims to the Seller within the above mentioned time limit and have the right to lodge claims . (b)Considering the result from the defect of the goods ,the Buyer has the right to bring the claims for their damages against the Seller. The Seller shall undertake to make the compensation for claims,except those for which the insurrance company should undertake the obligations.
(14)Force Majeuer:
(a)If any contracting party could not fulfill the contract by resistance
英文合同 10
Technical 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 Consultants responsibility, and Consultant shall hold Client harmless from any claims of any kind by Consultants 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 Consultants 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 Peoples Republic of China and includes the expenses incurred in sending the Technical Documentation to Clients 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 Consultants government approval, or a written statement of the competent authorities or relevant agency of Consultants 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 Consultants 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 11
DATED 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 Companys 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 As 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 Bs 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 Companys 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 12
Between _____________and _____________
出租方 (以下简称甲方) :_____________身份证号:_____________________ Owner(Part A):________________ID Card NO. _____________________
承租方 (以下简称乙方) :_____________身份证号: _____________________ Renter(Part B):________________ID Card NO. _____________________
根据《中华人民共和国合同法》及有关规定,为明确双方的权利和义务关系,甲乙双方在平等自愿的原则下经过充分协商,订立本租赁合同。
Based on “CONTRACT LAW OF PEOPLE’S REPUBLIC CHINA”, to
clear the rights and obligations of both parties, under the principle of equality, voluntariness and been fully negotiated, created the rent contract.
第一条 租赁内容
1. RENT CONTENT
1.1 租赁地址:甲方将其位于_________________________________的商铺租赁给乙方作商业经营用途。甲方对所出租的商铺具有合法产权、并出示房产证(或具有出租权的有效证明)、身份证明等文件;乙方也应提供身份证明文件。双方可复印对方文件备存。所有复印件仅供本次租赁使用,不得挪作它用。
1.1 LOCATION: Part B rent the shop located on__________________ from Part A for commercial business purposes. The shop is the legal property owned by Part A, and showed the property ownership certificate (or other certificate can prove the Part A have the rights to rent the shop legally),identifications and other documents which needed for law; Party B should also provide identification. The two parties can copy each other documents for
keeping. All copies can use for the rent affairs only, and can not be used for any other purpose.
1.2 租赁面积:甲方租赁给乙方的商铺建筑面积为_____平方米,使用面积为_____平方米。甲方将该商铺交付乙方使用时,商铺结构及配套设施为:简装修。承租期内乙方在不改变和影响房屋整体结构的前提下,可进行装修装饰、对室内空间进行重新划分;若期满不续租,其装修材料由乙方自行处理,若拆除,其费用由乙方自理。
1.2 AREA: The area of the shop is ____㎡(SQUARE METERS), in this area, ____㎡ can be used. When Part A put into serviced the shop to Part B, the shop building structure and the supporting equipments was: SIMPLE DECORATION. During the rent time, Part B have the rights to decorate the shop and redistrict the space but can not change and influrence the building structure; When the contract be expired and do not renew, Part B have all
rights to handle the decorations, if dismantle the decorations, Part B pay all the cost.
第二条 租赁期限
2. TERM OF CONTRACT
2.1 租赁期限:甲乙双方商定,租赁期限自xx年xx月xx日起至24:00止,共力影响导致的合同终止情形外,任何一方不得破坏租赁期限的完整和连续。 2.1 CONTRACT PERIOD: After both parties agreed, the term of contract is: stcontract terminated and the force majeure due to the influence of the contract to be terminated, either parties can not destroy the integrity and continuity of the contract.
2.2 装修免租期:甲方承诺自交付商铺给乙方的第一个月给乙方做装修,免其租金。即自20xx年06月01日起20xx年07月01日止。租金从次月开始收取。
2.2 RENTAL-FREE PERIOD: Part A promised to make the first month to be RENTAL-FREE PERIOD after the shop be able to use for Part B. The period stst2
2.3 续租:合同期满后,甲方如继续出租该商铺,则同等条件下,乙方可享有优先承租权。乙方如有意续租,可于合同期满前30天向甲方提出,双方另行协商,订立新的租赁合同。
2.3 CONTRACT EXTENSION: After the contract be expired, if the shop still be able to be rent, Part B have the priority right to rent. If Part B have the mind contract be expired, after negotiated, create the new rent contract.
2.4 合同的中止
2.4 CONTRACT TERNIMATION
2.4.1乙方有如下情形之一时,甲方有权提前中止合同,收回商铺:
a, 乙方利用该商铺从事非法活动或损害公共利益的;
b, 乙方拖欠租金超过
2.4.1 Under the follow status of Part B, Part A have the rights to terminate
the contract, take back the shop: a, Part B use the shop to do the illegal or public-interests damaging
activities;
2.4.2甲方有如下情形之一时,乙方有权提前中止合同:
a,甲方不能提供商铺或提供商铺不符合条件,严重影响乙方正常使用; b,甲方未尽房屋修缮义务,严重影响乙方正常使用的。
2.4.2 Under the follow status of Part A, Part B have the rights to terminate
the contract:
a, Part A can not offer the shop or the shop mismatch conditions,seriously affect the normal using of Part B;
b, Part A does not matter the obligations, seriously affect the normal use of Part B.
第三条 租金及其支付方式和其它费用
3. RENTAL, MODE OF PAYMENT AND OTHER CHARGES
3.1 年租金总额:甲乙双方商定,租赁期内该商铺的年租金为¥________(大写:人民币_____________________圆整),合同期限内无浮动。
3.1 TOTALOF YEAR RENTAL: After both parties negotiated, the year rental is ¥________(_____________________RMB) during the contract period, and no fluctuate.
3.2 租金的支付:租金按年计算,按半年收付。乙方在每半年到期后月份的5日前将下半个年度租金以现金或转帐方式一次交付到甲方(节假日可顺延)。甲方收款后应提供给乙方有效的收款凭证。
3.2 RENTAL PAYMENT: The rental calculation is ANNUAL RENTAL. Part
B pay the rental as CASH or BANK TRANSFER to Part A in 5th of the next month after every half year period expired in one time(can postpone in holidays). Part have the obligations to offer the valid voucher to Part B.
3.3 首期款的支付:订立本合同后甲方将商铺交付乙方装修时,乙方一次向甲方交纳相当于租金总额10%(百分之十)共计¥________(大写:人民币
_____________________圆整);免租期过后,乙方一次性补交租金支付周期内的当期房租;
3.3 THE MODE OF PAYMENT OF FIRSTINSTALLMENT: When Part A put into service shop to Part B for decorating after this contract be signed, Part B pay 10% of total rental in one time, it is: ¥________
(_____________________RMB); After RENTAL-FREE PERIOD, Part B pay the remainder rental in this RENTAL PERIOD to Part A in one time;
3.4 水、电费及其他公用事业费:合同期内,政府对租赁物征收的有关税、费项,由甲方负责缴交,该商铺的卫生费、电费、水费及经营活动产生的一切费用由乙方负责,乙方应如期足额缴交上述应缴费用,如因乙方欠费造成向甲方追缴时,甲方有权向乙方追缴。
3.4 WATER,ELECTRIC AND OTHER PUBLIC UTILITY CHARGES: During contract period, Part A pay all the tax and charges, etc government revenue from the shop, and Part B pay the clean, electric, water and all the charges because the business, Part B have the obligations to pay the charges enough and on time, if Part A be disgorged from other parties cause Part B arrears, Part A have the rights to disgorge from Part B.
3.5 合同签订时水电表使用情况:
水表:___________吨
电表:___________度
合同签订时最近一期水电费缴纳凭据经双方签字确认后以附件形式加入本合同。
3.5 The status of water and electric meters when contract be signed: WATER METER: ___________ TON(ES)
ELECTRIC METER: ___________KWH(S)
The copies of the latest water and electric charged voucher be confirmed and signed by both parties then add into the contract as annex.
第四条 招牌设置
4. SHOP SIGN SETTING
甲方同意乙方在符合国家法律、法规、政府规章和规范性文件的前提下,在租赁商铺的室内外安装设置带有其公司标志的招牌等广告装置(例如带照明的透明广告灯箱、立牌和户外广告招牌等),并协助乙方做好跟物业装修申请、施工以及广告设置的交涉工作。
Part A agreed Part B set the shop signs and other advertising equipments with company logo(such as: illuminating transparent advertising lamp box, erect signs and outside advertising signs, etc.) in outside of the shop comply with the state laws, regulations, government regulations and normative documents, and Part A have the obligations to assist Part B to apply to the property management company, construction and other signs setting works needed negotiate with other parties.
第五条 双方的责任和权利
5. OBLIGATIONS AND RIGHTS
5.1 甲方的责任和权利
5.1 OBLIGATIONS AND RIGHTS OF PART A
a,甲方应保证所出租的商铺及配套设施在交付乙方使用时完好并能够正常使用;
a, Part A have the obligation to issue the shop and supporting equipments condition is good and can be use normally;
b,按公共契约负责商铺结构维修和保养,凡遇政府部门要求需对商铺或配套设施进行改造时,相关费用由甲方负责;
b, Part A have the obligation to repair and maintenance the shop structures, in every case of government requests reconstruct shop or supporting equipments, Part A pay all the charges;
c,负责协调本地区各有关部门的关系,并为乙方办理营业执照提供有效的房产证明及相关手续;
c, Part A have the obligation to coordinate the relationships with all the departments in the shop located district, and offer the valid property ownership certificate and other document be relate to Part B apply the business license;
d, 不得以任何理由占用乙方所租门面及其附属设施,如门面前面的空地等。
d, Part A can not occupy the shop and equipments which the Part B with any reason, such as the empty land outside of the shop.
5.2 乙方的责任和权利
a,合同有效期内,乙方对所租赁的商铺及配套设施拥有合法使用权;
a, Part B have the legal right to use the rented shop and supporting equipments during the rent period;
b,乙方应遵守国家法律,法规,依法经营;
b, Part B have the obligations to do business as the state law,regulations;
c,乙方不得在租赁的商铺内贮存危险、违禁物品;
c, Part B can not store the dangers, prohibited goods in the shop;
d,乙方必须依约缴纳租金及其他因经营产生的费用,不得无故拖欠;
d, Part B have the obligations to pay rental and other charges cause business on time, can not arrears without reason;
e,乙方在承租的商铺内需要安装或者使用超过水、电表容量的任何水电设备,应事前征得甲方同意,并由乙方负责到有关部门办理增容手续,费用由
乙方负担;
e, Part B have the obligation to get the authorization from Part A when install the equipments’ value over the limited of the water and electricmeters’ value, Part B also have obligation to make the application to the related department and pay all the charges;
e,租赁期满或者解除合同时,所属乙方的财物,均由乙方自行处理,甲方不得以任何理由进行任何形式的干涉;
e, When the contract be expired or terminated, all the properties owned by Part B, Part B have the rights to handle the properties, Part A can not interfere with any reason in any modality;
f,租赁期满或者解除合同时,由甲乙双方共同检查商铺和配套设施,检查无异议后,商铺交还甲方。如发现有损坏的,则由乙方照价负责赔偿。
f, When the contract be expired or terminated, both parties need check the shop and supporting equipments together, after either parties confirmed, Part A take back the shop. If anything be broken, Part B need pay for as market price.
第六条 出租方和承租方的变更
6. PARTIES CHANGE
6.1 产权人与承租人:合同期内,甲方和乙方中任何一方法定代表人(或产权人)变更、企业迁址、合并,不影响本合同继续履行。变更、合并后的一方即成为本合同当然执行人,并承担本合同的内容之权利和义务;
6.1 OWNER AND RENTER: During contract period, either of both parties’ legal representative(or property owner) be changed, company moved or
merged, will not influence the contract continue perform. Anyone fter change, merge be the successor will be the performer, and assume all the rights and obligations in the contract;
6.2 转租:合同期内,乙方如欲将租赁的商铺转租给第三方时,必须事先征得甲方同意,并由三方书面确认,取得使用权的第三方成为本合同的当然乙方,继续履行本合同;
6.2 SUBLEASE: During contract period, if Part B want sublet the shop to other parties, should consent by Part A and get the written confirm, the party who get the using rights, will be the Part B, continue perform this contract;
6.3 甲方欲出售房屋,必须在三个月前书面通知乙方,并且要保证租赁期限的'完整。
6.3 When the Part A want sell the shop, must written inform Part B at least 3 months before, and must issue the rent period in the contract.
第七条 违约及处理
7. DEFAULT AND DISPOSE
7.1 任何一方未能履行本合同规定的条款的,均视为违约;
7.1 Either parties can not perform the rules and conditions in the contract, all deemed to be default;
7.2若乙方违约,甲方有权提前解除合同,并无需退还已缴纳的房屋租金;
7.2.If Part B defaulted, Part A have the rights to terminate the contract and do not need pay back the paid rental;
7.3若甲方违约,乙方有权提前解除合同,且甲方必须双倍退还乙方已缴纳但未完成使用期限的全部租金,并赔偿乙方装修费。装修费赔偿标准:若第一年内违约,赔偿全部装修款(100%),以实际装修情况计算;若第二年违约。赔偿装修款的70%,以实际装修情况计算;若第三年违约,赔偿装修款的50%,以实际装修情况计算;
7.3 If Part A defaulted, Part B have the rights to terminate the contract and Part A must double pay the rental Part B had paid, pay for the decoration cost. The decoration compensation standard is: 1st year, pay for 100% of the
decoration cost, count as the actually payment;2nd year, pay for 70% of the decoration cost, count as the actually paymentt;3rd year, pay for 50% of the decoration cost, count as the actually payment.
7.4:违约方逾期向守约方赔付违约金或逾期向守约方赔偿经济损失的,每逾期一天,守约方有权向违约方加收实欠违约金总额1%的滞纳金;
7.4 The defaulter who arrears, need pay the liquidated damages to opposite party, arrears every 1 day, performer have the rights to charge 1% of the total arrearage;
7.5:因不可抗拒的因素引起本合同不能正常履行时,不视为违约,双方互免承担违约责任。
7.5 The force majeure due to the influence of the contract to be can not continue perform, do not deemed to be default, both parties avoid each other’s obligations.
第八条 合同生效及纠纷处理
8.1:本合同自双方签字加印手印(右手食指)后即生效,具有法律效力;
8.1 After signature and finger printed(right index finger), this contract be go into effect with the force of law;
8.2:本合同未尽事宜,甲乙双方通过协商议定,制订补充协议,补充协议经甲、乙方签字加印手印后作为本合同的附件,与本合同具有同等法律效力;
8.3 Any affairs had not type into the contract, after both parties negotiated,create supplemental agreement, after both parties signature and finger printed add into the contract as annex, annex have the same force of law with the contract;
8.3:本合同执行过程中,甲乙双方如发生合同纠纷,应采取平等协商的方式解决,双方协商不成时,任何一方均有权向租赁的商铺所在地的房地产主管机关申请调解或仲裁,或依法向商铺所在地的人民法院提出诉讼。
8.3 During the perform process, if Part A and Part B dispute, should going to negotiate equality, when negotiate failed, either party have the right to apply conciliation or arbitration to the property manage department which the shop located in, or institute legal proceedings to the court which the shop located in.
第九条 其它
9. OTHERS
本合同正式文本共两份,甲、乙两方各执一份,具有同等法律效力;
The official text of the contract in duplicate, Part A, B each holds one, has the same legal effect;
本合同除双方签字部分外,均为机打,手写无效。
All but the signature part, this contract is printing, hand writing is invalid.
甲方签字:_________________ 手印: _________________
Part A Signature: _________________Finger Printer: _________________ 签字日期: ______年___月___日
Date:
乙方签字:_________________ 手印:_________________
Part A Signature: _________________Finger Printer: _________________ 签字日期: ______年___月___日
Date:
签字地点: 山东·枣庄
Signed at: Zaozhuang city, Shandong province, China
英文合同 13
Individual Mortgage Loan Contract for Purchasing
Commercial Housing
Agricultural Bank of China
GF Zi No.12105200500001133
Guarantor: HUANG Wenya (sealed)
In accordance with relevant state laws and rules, the contract is made after negotiations between the both parties.
Loan items
Article 1. Loan money:
The debitor provides loan to the creditor to purchase the residential house. The contracted loaning amount: Article 2. Loan purpose:
To purchase the housing locate The contract number of the debtor: Article 3. Loan period
Article 4. Loan interests
1. by the Bank of China. In the event that the Bank of China adjusts the interest rate of the loan, from Jan.1 the next year, the debtor performs the interest payment according to the new loans confirmed by the floating scope between the adjusted standard interest and the lending rate agreed in the contract. It will not notify the debtor, the guarantor and the mortgager again.
2. If the borrower doesn’t refund the loan in accordance with the contract, from the overdue time, the lender has the right to call for additional money as penalty until the corpus and interests are paid off. Following the measure will be complied with. day
3. The creditor has the right to call for percent raising money as penalty at the basis of the annual interest rate stipulated in the contract. In the event that the Bank of China adjusts the interest rate of the loan, the loan rate under the contract shall comply with the relevant regulation from the day of adjusting rate.
4. If the borrower does not use the money according to the purpose stipulated in the contract, the lender has the right to call for percent raising money as penalty at the basis of the annual interest rate stipulated in the contract. In the event that the Bank of China adjusts the interest rate of the loan, the loan rate under the contract shall comply with the relevant regulation from the day of adjusting rate.
Article 5.
Under the circumstances that the following conditions are not achieved, the lender has the right not to provide the loan stipulated in the contract.
1. The borrower shall offer relevant documents, materials and credence in accordance with the requirements of the lender. And the borrower shall
handle the relevant procedures.
2. The purchasing money of the first period and the money related to the contract have been paid off.
3. If the contract has a guarantor and the procedures of relevant registration and/or insurance have been settled in accordance with the requirements of the borrower, this guarantee keeps effective.
4. The borrower, the guarantor and the mortgager dont make any disadvantageous matters which will affect the safety of loan.
Article 6. Transferring methods:
The borrower opens an account in the lender’s bank. The account name is The opening bank iscard number is measure.
1. The debtor irrevocably accredits the lender to transfer the money to the above settle account, then transfer to the house seller ), to pay the money agreed in the contract of purchasing house.
2. The borrower irrevocably accredits the lender to transfer the money to ) (Account number),
Article 7 Loan payment
1. The borrower pays the principal and interest of the load under this of If there is not the day of borrowing, the payment day is the last day of every month. The borrower
(1) Equal capital and interest payment.
(2) Equal capital descending payment.
(3)Other methods of payments
2. If picking up the equal capital and interest payment, the borrower shall pay Article 8 Prepayment
1. If Borrower needs to refund in advance, it shall note Lender one month before refund day and the notice is irrevocable upon delivery. On the precondition that the borrower promises to refund the money agreed in following item 2 due to breach of contract and the premises that the borrower abides by the prescription of prepayment, the lender may agree prepayment.
2. If the borrower has prepayment days after the real day of loan lender in advance.
Article 9 Change of payment time
If the borrower wants to change the payment time, he shall submit a written application to the lender 30days in advance. After the approval of the guarantor and the mortgager, the borrower can sign the agreement of the changing of the limit time and handle relevant insurances and guarantee procedures.
Article 10 Transfer of creditors rights and debt
The borrower can transfer the rights and interests to the third party without the permission of the lender, guarantor and the mortgager.
Article 11 Borrower’s declaration and guarantee
Article 12
Between the time of signing and the time of distributing money, if the borrower and the house seller have disputes about the rights and quality of the house, or it occurs some matters that may cause the borrower incapable of paying money, the lender has the right to terminate the contract.
Guaranty of the Loan
Article 13 Premises Guarantee
The scope of mortgage is principal and interest of loan punished interest and the cost of real claims.
Article 14 Mortgage Guarantee
1. The mortgager voluntarily mortgager the following belongings The above guaranty is an integral part of the contract. moment.
3. The scope of mortgage include the capital, the interest, the fine, compound interest, the money of breach of the contract, the compensation for damage of loan and all the fees that realize the creditor’s rights.
4. The declaration and guarantee of the mortgager
5. The efficacy of mortgage rights
6. The control and management of the guaranty
7. The insurance of the mortgage
8. The registration of the mortgage
9. The realization of the mortgage rights
The duties of breach of the contract
Article 15 Duties of the debtor
When the Mortgager fails to pay the principal, interest and relevant expenses in full amount on time or fails to wholly perform its states or warranties under the contract, it will constitute a breach of contract. The mortgager shall pay the money of breach of the contract according to the quantity and the delaying days.
英文合同 14
Contract 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 15
contract no:
date:
the buyer:
the seller:
the contract, made out, in chinese and english, both version being equally authentic, by and between the seller and the buyer by the seller agrees to sell and the buyer agrees to buy the undermentioned goods subject to terms and conditions set forth hereinafter as follows:
1 、name of commodity and specification
2 、ry of origin & manufacturer
3 、unit price (packing ges included)
4 、quantity
5、 total value
6、 packing (seaworthy)
7 、insurance (to be covered by the buyer unless otherwise)
8 、time of shipment
9 、port of loading
10 、port of destination
mark shown as below in addition to the port of destination, package number, gross and net weights, measurements and other marks as the buyer may require stencilled or marked conspicuously with fast and unfailing pigments on each package. in the case of dangerous and/or poisonous cargo(es), the seller is obliged to take care to ensure that the nature and the generally adopted symbol shall be marked conspicuously on each package..
11 、terms of payment:
one month prior to the time of shipment the buyer shall open with thebank of _______an irrevocable letter of credit in favour of the seller payable at the issuing bank against presentation of documents as stipulated under clause 18. a. of section ii, the terms of delivery of this contract after departure of the carrying vessel. the said letter of credit shall remain in force till the 15th day after shipment.
12、 other terms:
unless otherwise agreed and accepted by the buyer, all other matters related to this contract shall be governed by section ii, the terms of delivery which shall form an integral part of this contract. any supplementary terms and conditions that may be attached to this contract shall automatically prevail over the terms and conditions of this contract if such supplementary terms and conditions come in conflict with terms and conditions herein and shall be binding upon both parties.
for the seller for the buyer
section 2
13 fob/fas terms
13.1 the shipping space for the contracted goods shall be booked by the buyer or the buyers shipping agent __________.
13.2 under fob terms, the seller shall undertake to load the contracted goods on board the vessel nominated by the buyer on any date notified by the buyer, within the time of shipment as stipulated in clause 8 of this contract.
13.3 under fas terms, the seller shall undertake to deliver the contracted goods under the tackle of the vessel nominated by the buyer on any date notified by the buyer, within the time of shipment as stipulated in clause 8 of this contract.
13.4 10-15 days prior to the date of shipment, the buyer shall inform the seller by cable or telex of the contract number, name of vessel, eta of vessel, quantity to be loaded and the name of shipping agent, so as to enable the seller to contact the shipping agent direct and arrange the shipment of the goods. the seller shall advise by cable or telex in time the buyer of the result thereof. should, for certain reasons, it become necessary for the buyer to replace the named vessel with another one, or should the named vessel arrive at the port of shipment earlier or later than the date of arrival as previously notified to the seller, the buyer or its shipping agent shall advise the seller to this effect in due time. the seller shall also keep in close contact with the agent or the buyer.
英文合同 16
contract no.:
the buyers: the sellers:
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)name of commodity:
(2) quantity:
(3) unit price:
(4)total value:
(5) packing:
(6) country of origin :
(7) terms of payment:
(8) insurance:
(9) time of shipment:
(10) port of lading:
(11) port of destination:
(12)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)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)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.
(the buyers) (the sellers)
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