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2024英文合同

發布時間:2024-02-22

2024英文合同(通用20篇)

2024英文合同 篇1

  TIMBER SALE CONTRACT - SAMPLE

  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

2024英文合同 篇2

  DATE :C/NO :

  Inv. No:

  PART A:

  PART B:

  BOTH OF THE 2 COMPANIES ( PART A AND PART B) AGREED

  TO PAY THE COMMISSION FOR THE BUSINESS BETWEEN THEM AS FOLLOWS:

  1. BUSINESS ITEMS:

  PRODUCTS:FABRIC

  QUANTITY:76000M(CONTRACT)

  PRICE:FOB USD7.45/M ECT.

  AMOUNT: USD593,500.00(CONTRACT)

  AMOUNT: USD531,622.55(ACTUALLY)

  2. COMMISSION ITEMS:

  COMMISSION: FOR THE TOTAL AMOUNT .

  COMMISSION AMOUNT: USD21,124.70

  3. PAYMENT ITEMS:

  PART A SHOULD PAY THE COMMISSION BY T/T .

  Confirmed By:

  PART A: PART B:

  DATE :C/NO :

  Inv. No:

  PART A:

  PART B:

  BOTH OF THE 2 COMPANIES ( PART A AND PART B) AGREED TO PAY THE COMMISSION FOR THE BUSINESS BETWEEN THEM AS FOLLOWS:

  3. BUSINESS ITEMS:

  PRODUCTS:MEN’S SUITS

  QUANTITY:2877UNDS

  PRICE:FOB EUR40.60/UNIT

  AMOUNT: EURO116,806.20

  4. COMMISSION ITEMS:

  COMMISSION: FOR THE TOTAL AMOUNT .

  COMMISSION AMOUNT: USD5700.00

  3. PAYMENT ITEMS:

  PART A SHOULD PAY THE COMMISSION BY T/T .

  Confirmed By:

2024英文合同 篇3

  甲方名稱:文化傳播有限公司Party A: Entertainment Management Co., Ltd

  聯系地址:Address: .

  公司注冊代碼:Company registration code:

  乙方演員名稱Party B artist name:

  護照號碼 Passport number:

  國籍Nationality:

  聯系方式 Tel:

  緊急情況聯系方式/聯絡人Emergency Contact / Contact Person:

  聯系地址:Contact Address:

  郵箱地址:Email Address:

  有無病史:Sick history or not:

  根據《中華人民共和國合同法》,甲、乙雙方基于互惠互利及雙贏的合作原則,經友好協商,就雙方合作由乙方在甲方指定的經營場所進行演出等事宜達成一致,并簽訂本協議以資雙方共同遵守。

  In accordance to “The Contract Law of the People's Republic of China”, based on the principles of mutual benefit and win-win situation, Party A and Party B reach an agreement on both sides through friendly negotiation, whereby it is agreed as follow:

  That Party A agrees to engage, Party B accepts the engagement and both sides recognize and agree to the terms and conditions herein set forth.

  第一條:合約期限Article 1: Period of Engagement

  20xx年 月 日 至20xx年 月 日。總計3+3 個月;合約開始日期按照實際開始工作日期計算,續約須在本合同結束前的15日內與甲方協商確定。

  Party A shall be engaged for a period from to , totally 3+3 months, the start date of the contract will be determined by the actual working date.

  The parties can extend this contract through both sides consultation 15 days before the expiration of this contract.

  第二條:演出內容Article 2: Performance Content

  1.演出節目: 歌唱表演, 乙方需要服從甲方的安排進行節目的配合演出。

  The performance programs: SINGING show, Party B should cooperate with the arrangement of the club to make the show, need to work with other artists in the club.

  2.每天工作時間為 22:00 至次日凌晨02:30,包括休息,化妝和換裝的準備時間。每位藝人需化妝且著好演出服于演出前30分鐘就位。

  Party B is to work from 22:00 --02:30, including call times and prep time. All artists must ready with makeup and costumes and standby 30 minutes before the performance.

  3.乙方每天演出2節,每節6首歌。每天演出時長總計30分鐘內; 必須配合甲方演出形式的安排;

  Party B should work 2 sets per night, every set sing 6 songs. Should cooperate with the work arrangement of Party A.

  4.演出現場待命(最終演出時間取決于場地方的具體情況)。

  The time for performance standby will be determined by location specific situation.

  5.排練時間:需服從甲方安排,甲方將會提前通知乙方彩排時間。

  Rehearsal time: Party B need to follow Party A’s arrangements, Party A will notice Party B in advance.

  6. 乙方在入境中國前必須準備好 6 套不同的演出服裝,30首符合酒吧演出需求的演唱曲目,包括編舞,音樂,道具等,演員需自備演出高跟鞋,要求黑色同款,需自備黑色絲襪,內衣褲等。

  Party B should provide 6 different costumes and 30 songs which needed at Clubs before come to China (including Finished choreographer, costumes, music, props and etc) and shall ensure sexy and hot shinning stage costumes, Party B artists shall prepare the high heels, black long socks, underwear for show, which must match with the costumes.

  7. 簽約后3日內,乙方須將辦理工作簽證所需的資料(45分鐘排練視頻,彩色護照及簽證掃瞄件)及高清宣傳照片傳至甲方.

  Within the 3 days after sign the contract, Party B must send all the material needed for work permit to Party A (including 20 min rehearsal video, colored passport and visa scanned copies) and High quality promotional photos to Party A.

  8.演出地點:全國,乙方需要配合工作地點的調動。

  The working cities of Party B: The working places may be all over the China, The artists should be able to accept transfer to different cities during the contract period.

  第三條:付款及薪酬Article 3: Remuneration

  (一)、演出報酬Performance salary:

  1、演出報酬:甲方同意支付乙方表演費用稅后美金20xx美金/月/人。

  Party A shall pay Party B a total net fee of 20xx USD/month.

  2、乙方每月帶薪休息2 天。休息日不會為周五或周六及中國的重大節假日。每月的休息日不可沿用至下個月使用。計薪時間從演出之日起計算(如果沒有演出,第五天起都應當計薪),到達中國當天為休息日,無薪;

  Party B has 2 Days off per month with salary, If the artists not take the day offs, daily salary will be refund for the day offs not take as compensation. Day off will not be Friday, Saturday or major holidays in China. Unused day offs can not be continued to the next month. The salary will be counted from the first working day, if not work, the salary will be counted on the fifth day after arrival. The first day of arrival is for rest, no salary.

  3、員工做滿一年可以享受6天帶薪休假。

  After one year work in HZ agency, Party B will have 6 days vacation with salary.

  4、付款方式如下Method of Payment:

  A. 每月15號發放上月整月演出報酬,最后一個月的工資由合約最后一天發放。

  Salary will be paid on the 15th of the following calendar month. Payment for the final month will be paid on the last day of the contract.

  B. 銀行轉賬 Bank transfer

  乙方賬號Party B’s artist Bank account number:

  開戶行名稱Bank Name:

  開戶名Account name:

  (二)、行程安排Schedule Arrangement

  1、演出日行程:Schedule for Performance days:

  (1)甲方向乙方提供并支付所有演出相關的國際、國內經濟艙機票,輪渡,大巴或火車票,乙方必須嚴格按照甲方預訂的行程準時到達指定場所,否則視為乙方違約。甲方需要負責乙方藝人國際往返機票費用,乙方的雙程機票為:A to B.

  Party A provides Party B all performance related domestic and international economy class air transport, Boat, bus or train tickets, Party B must strictly follow the schedule arranged by Party A, and arrive at the assigned location on time, otherwise Party B will be regarded have an action of breach of contract. Party A shall cover all costs and flights from and to home. The round trip tickets for Party B are:

  (2)甲方允許乙方來華及在華演出期間攜帶一個屬于私人的正常尺寸行李箱和一個裝服裝的行李箱,因私人原因產生的行李超重費用由乙方自行承擔。

  Party A allow Party B bring one personal non-overweight suitcase and one performance/costume suitcase during the period of performance in China. Party B is responsible for any excess baggage charges on personal bags/suitcase.

  2、非演出日行程:非演出日,乙方進行與演出無關的旅行、游玩等活動的,乙方應當提前2周征得甲方同意,并確保能及時返回參加甲方安排的彩排和演出,以便甲方對演出安排做出合理調整。同時,在此期間,乙方發生任何意外事件,若涉及其應當承擔法律責任的,由乙方自負,與甲方無關。導致甲方負連帶責任的,甲方有權向乙方追償。

  Schedule for Non-performance days: Party B shall notice Party A two weeks in advance in case of going out for activities unrelated with performance, such as traveling and etc, Party B can go only with the approval of Party A. Party B shall assure to come back on time for the rehearsals and performances arranged by Party A. In the mean time, in case Party B has any accident, fines, police levies, legal related issues or other financial hardships incurred during this time, its Party B’s responsibility, and thus caused Jointly and Severally Liable For Party A, Party A has the right to recover the loss from Party B.

  (三)、飲品福利Drink benefit

  乙方每場演出當天獲得1支飲用水,2 杯雞尾酒飲料。

  Party B can get 1 bottle of water, 2 cocktails every performance day.

  (四)、演出住宿Performance accommodation

  1、此協議期間如乙方為駐場演出時,甲方提供一間單間的符合標準的宿舍,每間房住1人;住房配套齊全,包括洗衣機、電視機、等家電. 甲方支付公寓的租金和物業管理費,公用事業費用: 電費,水費,煤氣費,公司給予200元/人標準,超出部分費用將由乙方與室友平攤。乙方必須合法使用該住房,任何在住房內的人身、財產安全、擾民投訴均由乙方承擔負責,由此造成甲方損失的,甲方有權向乙方追償。

  During this agreement period, when party B work as resident performance, Party A will provide one standard apartment (1 person share one room) with complete facilities, including washing machine, TV, other electronic appliances for duration of stay. Party A pay for apartments rent fee and property management fees, as for public fees: Electricity, water, gas, the company offer 200RMB/person for free as standard usage, over used fees Party B need to share with roommates. Party B must legitimate use this apartment, Party B is responsible for any personal and property safety within the apartment, No disturb to the neighbors. In case any loss caused, Party A has the right to recover from Party B.

  2、此協議期內如派乙方于除集團內娛樂場所以外的演出,甲方為乙方提供雙人間酒店,除預先核準的正餐外,其他服務項目所產生的費用由乙方自行承擔。住宿酒店期間乙方需自行支付的項目包括但不限于:迷你酒吧,收費電視,客房服務,電話,互聯網,傳真,按摩,健身俱樂部,美容美發廳,KTV,香煙,洗衣房,小費等.

  During this agreement period, if Party B perform in clubs which not belong to HZ club groups, Party A need to provide Party B with standard hotel rooms (one room with 2 beds), accept for pre-approved meals, Party B need to bear other service fees. During live in hotel period, Party B need to pay for projects but not limited to: mini bars, Pay TV, room service, telephone, Internet, fax, massages, gym, beauty salon, KTV, cigarettes, laundry, tips etc.

  (五)、簽證& 護照Visa & Passport

  1、為保證演出按時進行,乙方應于離他們所在城市最近的中國大使館自行獲得中國單次或多次入境簽證(旅行簽證),甲方承擔乙方首次入境中國簽證(旅行簽證)的費用。乙方入境中國后,甲方支付乙方簽證費用. 乙方須提供甲方中國大使館開據的發票方可進行實報實銷.(甲方不承擔任何簽證加急費和旅行社中介費)。乙方來華后辦理工作簽證由甲方負責。

  To ensure the performance is held on time, Party B shall get China single or multiple entry visa (tourist L visa) in the nearest Chinese embassy. Party A will reimburse Party B for Visa application fees for the first time entering China from the mother country of the Artist upon presentation of the official receipts from Chinese Embassy after Party B’s arrival to China. Party A will pay according to the amount on the invoices. (Party A will not bear any urgency visa fee or travel agency fee). Party A will be responsible for issuing the work visa for Party B after their arrival to China.

  2、乙方入境中國后,此協議期間甲方協助乙方獲得中國演出許可證及此協議相關的后續續簽所需材料.

  After Party B’s arrival to China, during the contract period, Party A shall assist Party B to get the required materials for China's performance license and work permit.

  3、乙方必須保證所持護照在有效期之內并且能在出入中國時使用.

  Party B must ensure their passports are within the validity period and can be used to enter and leave China.

  4、如在巡演旅行期間,乙方如遺失護照或其他旅行證件,補辦費用自理,并承擔一切其他后果。

  During the tour performance period, in case Party B lost the passport or other traveling certificates, Party B need to handle it by oneself and bear all costs and consequences.

  (六)、通訊方式Communication Method

  1、乙方在此協議期間必須保持手機/網絡通訊暢通,保證甲方能夠隨時與乙方聯系

  During the contract period, Party B need to keep mobile /network communication work, to ensure Party A is able to contact with Party B in time.

  2、合同期內,雙方確認工作指令通常以電子郵件方式發出,乙方指定收取工作指令的途徑為:電子郵件、短信、微信及手機.甲方一旦發出指令,即視為乙方知曉并遵守該指令,該等工作指令均為本合同之附件,與本合同具有同等法律效力.

  During the contract period, both sides acknowledged that work instruction is usually made via E-mail, mobile messages, wechat messages and phone call. As long as Party A issue an order through the communicate methods listed above, Party B will be regarded as received and will comply with the instructions, these instructions are the annex to this contract and has the same legal effects as this contract.

  第四條:甲方責任Article 4: Responsibility of Party A

  1.甲方負責依本合同約定安排乙方前往指定的演出場所演出。甲方有權為乙方制定整體演出規劃,進行有關安排和實施,甲方對此具有最終決策權;

  Party A is responsible to arrange the performances for Party B. Party A has the right to make the overall performance plan ,make related arrangement and implementation for Party B, Party A has the right to make the final decision.

  2、本合約期間,甲方為乙方中國境內唯一合作對象,甲方有權安排乙方所有的演出,未經甲方書面同意,乙方不得與任何第三方進行任何形式的演出。

  During the contract period, Party B shall only work with Party A, Party A has the right to arrange all the performances for Party B, Party B must not perform with any other third party without the written consent of Party A.

  3、甲方有權對乙方的表演質量進行監督,并提出建議和整改要求,對暫不符演出質量要求的`可以給予暫離合作崗位進行培訓的處理,如培訓后仍不能履行本協議約定的合作事項,甲方有權解除本協議;

  Party A has the right to control the performance quality of Party B, give suggestions and requirements if needed. For the artists whose performance quality can not meet the requirement, Party A has the right to stop the work and start a training process for the artist. In case Party B still unable to perform as required after training, Party A has the right to terminate this agreement.

  4.確保乙方在正常演出中的人身及財產安全,如因演出過程中演出場所的治安管理造成乙方演職人員受傷,甲方應負責支付相關費用(因乙方自身的過錯造成的傷害除外)。

  Party A ensures to provide safe and healthy working environment, which accord with state regulations, to ensure the personal and property safety of Party B to work without harmful environmental conditions. In case Party B has physical injury due to the security management issue of the venue, Party A is responsible to cover the costs. Except the injuries caused by the mistake of Party B.

  5乙方藝人自身身體能力有限達不到甲方場地需要的基本工作要求,經過調整仍然無法正常滿足演出要求的。乙方藝人長時間不提高自身業務水平與演出質量, 水平停留不動, 表演質量處于同一種狀態或不能達到要求無法滿足客戶與時俱進要求的,甲方有權解除本協議。

  Because of Party B’s own physical limitation that can not meet the basic job requirements of Party A’s venue, and after adjustment still can not satisfy the performance requirement; and If Party B not improve their professional skills and performance quality for a long time, and the performance quality stays in same status and unable to satisfy customers requirements, Party A has the right to terminate this agreement.

  第五條:乙方責任Article 5: Responsibility of Party B

  1、 所有演出內容, 演出時間, 演出行程表, 以及可能出現的不可預計臨時調整將始終由甲方負責并最終決定,乙方必須遵守,始終配合并執行甲方制定的演出計劃,試音彩排,以及行程時間表。

  All performance content, Performance time, performance schedules, and unpredictable temporary adjustment of the show will be at all times arranged by Party A, Party B must comply and cooperate with the performance schedules, interview rehearsal and all performance related plans made by Party A.

  2、乙方不得在舞臺上抽煙或飲酒,同時乙方必須在舞臺上或旅途中及甲方客戶面前保持良好的品行與團隊精神,同時,不得在公眾場所作出任何有損形象的事情。

  Party B should not smoke or drink on the stage, meanwhile when Party B accepts this job, professional competence is only half of what the Artiste needs to bring. The other half is a good attitude and a willingness to complete his/her agreement to the best of his/her ability. Management agrees to honor all of the terms of this contract and do their best to see that the Artiste is treated in a professional and respectful manner at all times, to the best of their ability.

  3、乙方有義務告知甲方任何第三方企圖干涉或預訂乙方工作的行為。當甲方確認第三方情況屬實,收到第三方預定確認合同和全額付款后,乙方享有甲方的80美金獎勵.

  Party B has obligation to inform Party A the behavior of any third party attempting to interfere or booking Party B. when Party A confirm the situation is true, and get the booking confirmation contract and full payment from the third party, Party B will be rewarded 80USD.

  5、乙方須遵守中國法律,嚴禁吸毒,盜竊,色情和暴力活動, 不得有任何違法犯罪行為。否則,甲方有權解除合同.

  This contract is governed by the laws of the People’s Republic of China. Party B must not take drugs, involve in the violent and Pilferage behavior or do the prostitute activities. In this case, the contract between the artist and the company will be terminated.

  6、乙方必須負責在演出開始及結束后的安裝,測試,打包所有乙方演出相關的樂器及設備,如:音樂CD,U盤,服裝,樂器,效果器等。如果乙方因操作失誤而導致甲方或第三方的相關物品損壞或遺失,乙方將承擔全部責任。同時乙方應自行負責保管好旅途或演出途中所攜帶一切私人與演出物品的安全。

  Party B shall be responsible for the installation, test, packing all the related musical instruments and equipment before and after the show. Such as: CD, USB disk, costumes, musical instruments, effects units and etc. If the items are lost or broken by the operational error of Party B, Party B will bear full responsibility. At the same time Party B should keep good care of all the personal and performance stuff during traveling period.

  7、本合同簽訂之前,若乙方與甲方之外的國內或國外的任何第三方簽訂有演出合同、經紀合同、代理合同等,則由乙方自行處理解約事宜及承擔上述合同解除的法律責任,與甲方無關,造成甲方損失的,甲方有權追究乙方的違約責任。

  Before this contract is signed, if party B has performance/agent/and other contracts with other third party, Party B shall dissolute their contracts and bear all the legal liabilities with others, Party A has nothing to do with it, in case caused loss to Party A, Party B should bear all the compensation.

  8、在合約期內,非經甲方書面同意,乙方在非甲方指定的場所演出一次,則屬乙方嚴重違約,乙方應賠償甲方損失3000美金/次。

  During the contract period, in case Party B performs in places not assigned by Party A without the written consent from Party A, Party B is severely breach the contract, Party B should compensate Party A for 3000USD/show.

  9、乙方承諾在合約期間,不得自行去合縱文化集團旗下以外的娛樂場所玩耍。違者一經發現,應支付 300美金/次的違約金。如乙方在其他娛樂場所出現意外情況,甲方一概不承擔任何責任。

  During the contract period, Party B promised not to go to the entertainment places outside the Alliance Art Group (Truecolor and Soho clubs), offenders will be fined 300USD each time. If party B has any incident in these entertainment places, Party A has no responsibility.

  第七條 合同的評估,終止和注銷 Evaluation, Termination and Cancellation of Contract

  1.如果乙方因生病導致不能完成約定的演出任務時,乙方必須提供三甲醫院證明。任何無醫院證明的病假甲方將從其當月應當發放的總月報酬中扣除2天工作日報酬。每發生一次,扣除一次。違反三次及以上的,甲方有權解除本合同.

  If Party B is unable to attend work for reasons of illness, then certification from 3A hospital should be presented. Any sick leave without the hospital certification, Party A will deduct 2 working days’ salary from Party B’s month salary. This amount will be deducted for each time occurred, if this situation happened for more than 3 times, Party A has the right to terminate this agreement.

  2、甲方根據乙方的表現,及客戶或場地方的反饋,保留持續評估乙方才能以及適當性的調整權利.

  According to Party B’s performance behavior and customers and location feedback, Party A has the right to retain the continuous evaluation of Party B’s ability and make appropriate adjustments.

  3、因乙方違反合同約定,造成甲方損失,應支付違約金、賠償金或其他任何費用的,甲方有權在乙方演出報酬中優先予以扣除。

  In case Party B breach of the contract and caused loss from Party A which need pay for the liquidated damages, compensation or any other fees, Party A has the right to cut from Party B’s performance salary.

  4、不論因何種原因導致合同終止或無效的,甲方有權注銷乙方簽證。

  In case of termination of the contract for whatever reason, Party A has the right to cancel the visa of Party B

  第八條:責任免除 Article 8 : Exclusion of liability

  如不可抗力因素(戰爭、重大政治事件、疫情)的發生使雙方無法履行本演出合約時,本合約終止。

  Any cause beyond either party’s control including, but not limited to, acts of government or any public authority, strikes, lockouts, fire, war, civic commotion and etc, The contract can be terminated naturally.

  第九條:爭議的解決方式Article 9: Dispute Resolution

  本合約履行過程中,若甲、乙雙方發生爭議,應由甲、乙雙方協商解決;經雙方協商無法解決,則甲、乙雙方均有權向甲方所在地人民法院提起訴訟。

  If any disputes happen when conducting this contract, both sides will negotiate and solve disputes friendly first, if both sides cannot get any settlement, both parties have the right to file a suit to the local people’s court.

  第十條:其他Article 10: Others

  1.本合約自甲、乙雙方簽字蓋章之日起生效。

  This contract will come into force after both Parties sign and stamped.

  2.本合約一式兩份,雙方各執一份,打印件/電子郵件/傳真件具有同等法律效力。

  This contract is in duplicate; both sides hold one copy, Print/email/fax copies of this agreement has the same legal force.

  3、本合同適用《中華人民共和國合同法》及相關法律法規調整,本合同中文條款與英文條款一致,如果二者不一致,本合同無效。

  This contract applies to the “ Contract Law of the People's Republic of China” and relevant laws and regulations, Chinese contract terms are identical to the English contract terms or contract is not valid.

  甲方:文化傳播有限公司 Party A: Entertainment Management Co., Ltd

  簽字:Signature: 日期:Date:

  乙方: Party B:

  簽字:Signature:日期:Date:

2024英文合同 篇4

  THIS AGREEMENT OF LEASE is made on this 16th day of December 20xx by and BETWEEN:-

  Mrs. Ghazala Waheed w/o Abdul Waheed, Adult, R/o House No.-*, DHA, Lahore Cantt, (hereinafter to as the LESSOR of the ONE PART).

  And

  Mr.* ,R/o China, refereed to as the LESSEE of the OTHER PART.(Expression “LESSOR” and “LESSEE” wherever the context so permit shall always mean and include their respective heirs, successors legal representative and assignees).

  WHEREAS the LESSOR is the lawful owner and in lawful possession of House No,-*,DHA, Lahore Cantt, consisting of 4 Bedrooms with bath, D/D,TV; Lounge, Kitchen, Store, Servant, Quarter together with fixtures and fitting (hereinafter collectively called the DEMISED PREMISES).

  AND WHEREAS the LESSOR has agreed the lease and the LESSEE has agreed to take on lease the DEMISED PREMISES on the terms and condition as given below:-

  1. This agreement in only valid if LESSEE is renewed and extended for the lease period.

  2. The LESSOR lets LESSEE takes the DEMISSED PREMISES for a period of 12 months

  Commencing from 15th January 20xx. The Lease is renewable for a further period as may be mutually agreed in writing on expiry of the lease period

  3. The rent of the DEMISED PREMISES shall be USD3,300/-(US dollars Three Thousand and Three hundred Only) per month

  4. The LESSOR hereby acknowledges receipt of the sum of USD.19,800/-(US dollars Nineteen Thousand and eight Hundred Only) per month.

  5. It is hereby agreed between the parties that the LESSEE shall pay the aforesaid monthly rent USD. 3,300/-(US dollars Three Thousand and Three hundred Only) as the monthly rental advance by 20th of each calendar month for which if is due after completion of advance rent period ending on 15th July 20xx.

  6. That the LESSOR hereby acknowledges receipt of the (來自: 在 點 網)sum of Rs.60,000/-(Rupees Sixty Thousand Only) from the LESSEE as FIXED EDPOSIT SECURITY which shall be refunded to the LESSEE on giving back the vacant possession of the DEMISED PREMISES after deduction of damages/shortages outstanding bills for Electricity, Water, Gas and Telephone charges etc, against the DEMISED PREMISES.

  THE LESSEE HERBY CONVENANTS WITH LESSOR AS FOLLOWING:

  1. To pay to the LESSOR the rent hereby reserved in the manner before mentioned.

  2. That the LESSEE shall not at any time during the terms, without the consent in writing of the LESSOR, pull down, damages or make any structure alterations to the DEMISED PREMESES provided always, the LESSEE shall have go write install any fixtures and fittings excluding air-conditioners in the DEMISED PREMESES, to detach and repossess the same s

  ubject to the restoration of the DEMISED PREMESES to their original state at his cost (reasonable wear and tear excepted) on the expiry of this lease or any renewal hereof.

  3. To use the DEMISES PREMISES for residential purpose and would not be used for a commercial purpose the DEMISES PREMISE would not be used occupied by Mr. And family.

  4. Not to sublet the whole or any part of the premises.

  5. To pay regularly the bills for Electricity, Gas, Water and Telephone charges in respect of the DEMISED PREMISES. A copy of all the paid utility bill be forwarded to the LESSOR every three month regularly. In case of disconnection of any facility due to non-payment, LESSEE will be responsible to get them restored and pay the same. All dues must be cleared before the expiry of the LEASE.

  6. The LESSEE shall keep and maintain the said premises in good and tenantable conditions during the tenure of the lease.

  THE LESSOR HEREBY CONVENANTS WITH THE LESSEE AS FOLLOWING:-

  1. To pay all existing and future rate, taxes assessments and other charges of a public nature whether impose by the Municipality, Government or any other authority in respect of DEMISED PREMISES.

  2. Not to erect or set up a building or structure on the DEMISES PREMISES nor to add to any existing building or structure during the period of lease or any renewal without the written consent of the LESSEE.

  IT IS HEREBY DECLEAR AND MUTURALLY AGREED BETWEEN THE LESSOR AND LESSEE ANS FOLLWING:=

  1. The LESSEE and the LESSOR shall have the right and option to terminate this Lease at any time only after the expiry of the lease period i.e., 24 months, provided they give ONE (1) month notice in advance to either of the parties.

  2. The meter reading of various utilities are as given below:-

  UTILITY METER NUMBER TODAY’S READING

  a) ELECRICITY ———————— ————————

  b) GAS ———————— ————————

  c) TELEPHONE ———————— ————————

  d) WATER ———————— ————————

  3. That the LESSEE has also agreed with the LESSOR for a mandatory increase in rent by 10% per annum, the rent would be enhanced to Rs.36,300/-( Rupees Thirty Six Thousand and Three

  Hundred Only), should the LESSOR and I ESSEE mutually to renew the Lease. It can be negotiated between the parties.

  WHEREOF THE PARTIES hereto have executed these presents on the and day above written.

  LESSSOR:__________________________

  Mrs. Ghazala waheed

  NIC NO._______________________

  LESSEE__________________________

  Mr.

  Chinese passport no.___________________

2024英文合同 篇5

  Contract(“Contract”)is dated as of_________by and between____________,_____________(“Assignor”)and Development Company,with its principal place of business at_________(“Devoc”).

  本合同(以下簡稱“合同”由______________(名稱),______________(地址)(以下簡稱“轉讓人”)和主要營業地位于__________的迪威開發公司(以下簡稱“迪威公司”)于____________(日期)共同簽訂。

  s0 T" O, x! u' K WHEREAS,Devco is a developer of interactive art,literature,and entertainment products;" m" r' N# d#

  鑒于:迪威公司是一家從事互動藝術、文學和娛樂產品的開發公司;, U, t/ u, B0 y2 g A% k WHEREAS,Assignor has contributed certain material to Devco for the multimedia product(Work),and the parties intended that Devco be the owner of all rights in Work.The contract will confirm such understanding.

  鑒于:轉讓人已經將某些物質提供給迪威公司以生產多媒體產品(以下簡稱“作品”),且雙方當事人已就迪威公司作為作品一切權利的所有人一事產生意向。本合同將確認此共識。

  NOW THEREFORE,the parties agree as follows:, h 故雙方當事人現就以下事項達成協議:!

  1.Assignor hereby irrevocably assigns,conveys and otherwise transfers to Devco,and its respective successors,licensees,and assignees,all right,title and interest worldwide in and to the Work and all proprietary rights therein,including,without limitation,all copyrights,trademarks,design patents,trade secret rights,moral rights,and all contract and licensing rights,and all claims and causes of action in respect to any of the foregoing,whether now known or hereafter to become known.In the event Assignor has any right in the Work which cannot be assigned,Assignor agrees to waive enforcement worldwide of such right against Devco,its distributors,and customers or,if necessary,exclusively license such right worldwide to Devco,with the right to sublicense.These rights are assignable by Devco.

  轉讓人在此將作品具有的和相關的一切屬世界范圍性質的權利、所有權和利益以及作品具有的一切專屬權不可撤銷地完全轉讓給迪威公司、其各繼承人、被特許人、受讓人,其包括,但不限于,所有版權、商標、外觀設計專利、商業秘密、作者精神權利、一切承包和特許權利、以及與上述相關的一切訴權和訴因,不論其是現在已經為人所知或是在締約之后才為人所知。如果轉讓人擁有的某作品權利無法轉讓,轉讓人同意

  放棄在世界范圍內執行此權利以對抗迪威公司、其發行人、以及客戶的權利,或,如有必要,將此種屬世界范圍性質的權利特許給迪威公司,包括轉特許權在內。這些權利均可被迪威公司轉讓。

  2.Assignor represents and warrants that a)the Work was created solely by Assignor,Assignor's full-time employees during the course of their employment,or independent contractors who assigned all right,title and interest in their work to Assignor;(b)Assignor is the owner of all right,title and interest in the tangible forms of the Work and all intellectual property rights protecting them;(c)the Work and the intellectual property rights protecting them are free and clear of all encumbrances,including,without limitation,security interests,licenses,liens,Charges or other restrictions;(d)the use,reproduction,distribution,or modification of the Work does not and will not violate the rights of any third parties in the Work including,but not limited to,trade secrets,publicity,privacy,copyrights,and patents;(e)the Work is not in the public domain;and(f)Assignor has full power and authority to make and enter into this Contract.Assignor agrees to defend,indemnify,and hold harmless Devco,its officers,directors and employees for any claims,suits or proceedings alleging a breach of these warranties.

  二、轉讓人陳述并擔保:1)作品是由轉讓人獨立創作,或由轉讓人的正式雇員在其雇傭期間所創作,或由獨立承包人所創作,但該承包人已經將其作品的一切權利、所有權和利益轉讓給了轉讓人;2)轉讓人是作品所有形式一切權利、所有權和利益以及保護這些權利的一切知識產權的所有人;3)作品及保護作品的知識產權不受任何限制和無任何瑕疵,包括,但不限于,物權擔保、特許權、留置權、抵押權或其他限制;4)作品的使用、復制、發行、或變更現在不會將來也不會侵犯作品任何第三方當事人的權利,包括,但不限于,商業秘密、廣告宣傳權、隱私權、版權、以及專利權;5)作品不屬公共領域范疇之內;以及6)轉讓人完全有權力和權限簽訂本合同。轉讓人同意保護迪威公司、其高級職員、承包人和雇員,確保其不會因違反上述擔保為由而提起的任何索賠、訴訟或程序遭受損失和傷害。

  3.Assignor agrees that he or she will take all actions and execute any and all documents as may be requested by Devco,at Devco's expense,from time to time to fully vest in Devco all rights,title and interests worldwide in and to the Work.% w+ n" i" P2 H n% V; g9 E

  三、轉讓人同意他或她將采取一切行為簽署迪威公司可能要求簽署的任何或所有文件,隨時將作品所具有的以及相關的屬世界范圍性質的一切權利、所有權和利益完全授予迪威公司。

  Y, N* {# [) q. T# m" G! |# L 4.In consideration of the foregoing,Devco agrees to pay to Assignor the sum of Dollars($)__________.

  四、有鑒于此,迪威公司同意支付轉讓人一筆數額為________元的款項。

2024英文合同 篇6

  SALES CONTRACT

  賣方

  SELLER:

  DESUN TRADING CO., LTD.

  HUARONG MANSION RM2901 NO.85 GUANJIAQIAO, NANJING 210005, CHINA

  TEL: 0086-25-4715004 FAX: 0086-25-4711363

  NEO GENERAL TRADING CO.

  P.O. BOX 99552, RIYADH 22766, KSA

  TEL: 00966-1-4659220 FAX: 00966-1-4659213

  編號NO.: 日期DATE:

  地點SIGNED IN:

  NEO2001026 Feb. 28, 20xx

  NANJING, CHINA

  買方 BUYER:

  買賣雙方同意以下條款達成交易:

  This contract Is made by and agreed between the BUYER and SELLER , in accordance with the terms and conditions stipulated below.

  允許 With

  溢短裝,由賣方決定

  More or less of shipment allowed at the sellers’ option

  USD THIRTEEN THOUSAND TWO HUNDRED AND SIXTY ONLY.

  5. 總值

  Total Value

  6. 包裝

  Packing

  7. 嘜頭

  Shipping Marks

  EXPORTED BROWN CARTON

  ROSE BRAND 178/20xx RIYADH

  8. 裝運期及運輸方式 Not Later Than Apr.30, 20xx BY VESSEL

  Time of Shipment & means of Transportation

  9. 裝運港及目的地 From : SHANGHAI PORT, CHINA

  Port of Loading & Destination To : DAMMAM PORT, SAUDI ARABIA10. 保險 TO BE COVERED BY THE BUYER.

  Insurance

  11. 付款方式 The Buyers shall open through a bank acceptable to the Seller an Irrevocable Letter of Credit payable at sight

  Terms of Payment of reach the seller 30 days before the month of shipment, valid for negotiation in China until the 15th day after the date of shipment.

  12. 備注

  Remarks

  The Buyer

  NEO GENERAL TRADING CO.

  (signature)

  The Seller

  DESUN TRADING CO., LTD.

  (signature)

2024英文合同 篇7

  This 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

2024英文合同 篇8

  courtesy of Peter B. Finn, ESQ, Senior Partner, Rubin and Rudman LLP , .

  CONSULTING AGREEMENT

  , 200_ (the "Effective Date") by and between XYZ Corporation, a ______________ corporation duly organized under law and having an usual place of business at _______________________(hereinafter referred to as the “Company") and (hereinafter referred to as the "Consultant").

  WHEREAS, the Company wishes to engage the Consultant to provide the services described herein and Consultant agrees to provide the services for the compensation and otherwise in accordance with the terms and conditions contained in this Agreement,

  NOW THEREFORE, in consideration of the foregoing, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, accepted and agreed to, the Company and the Consultant, intending to be legally bound, agree to the terms set forth below.

  1. TERM. Commencing as of the Effective Date, and continuing for a period of ____ (__) years (the “Term”), unless earlier terminated pursuant to Article 4 hereof, the Consultant agrees that he/she will serve as a consultant to the Company. This Agreement may be renewed or extended for any period as may be agreed by the parties.

  2. DUTIES AND SERVICES.

  (a) the “Duties” or “Services”).

  (b) Consultant agrees that during the Term he/she will devote up to ____ (__) days per month to his/her Duties. The Company will periodically provide the Consultant with a schedule of the requested hours, responsibilities and deliverables for the applicable period of time. The Duties will be scheduled on an as-needed basis.

  (c) The Consultant represents and warrants to the Company that he/she is under no contractual or other restrictions or obligations which are inconsistent with the execution of this Agreement, or which will interfere with the performance of his/her Duties. Consultant represents

  courtesy of Peter B. Finn, ESQ, Senior Partner, Rubin and Rudman LLP , .

  and warrants that the execution and performance of this Agreement will not violate any policies or procedures of any other person or entity for which he/she performs Services concurrently with those performed herein.

  (d) In performing the Services, Consultant shall comply, to the best of his/her knowledge, with all business conduct, regulatory and health and safety guidelines established by the Company for any governmental authority with respect to the Company’s business.

  3. CONSULTING FEE.

  (a) Subject to the provisions hereof, the Company shall pay Consultant a consulting ($______) Dollars for each hour of Services provided to the Company (the ting form, a listing of his/her hours, the Duties performed and a summary of his/her activities. The Consulting Fee shall be paid within fifteen (15) days of the Company’s receipt of the report and invoice.

  (b) Consultant shall be entitled to prompt reimbursement for all pre-approved expenses incurred in the performance of his/her Duties, upon submission and approval of written statements and receipts in accordance with the then regular procedures of the Company.

  (c) The Consultant agrees that all Services will be rendered by him/her as an independent contractor and that this Agreement does not create an employer-employee relationship between the Consultant and the Company. The Consultant shall have no right to receive any employee benefits including, but not limited to, health and accident insurance, life insurance, sick leave and/or vacation. Consultant agrees to pay all taxes including, self-employment taxes due in respect of the Consulting Fee and to indemnify the Company in the event the Company is required to pay any such taxes on behalf of the Consultant.

  4. EARLY TERMINATION OF THE TERM.

  (a) If the Consultant voluntarily ceases performing his/her Duties, becomes physically or mentally unable to perform his/her Duties, or is terminated for cause, then, in each instance, the Consulting Fee shall cease and terminate as of such date. Any termination “For Cause” shall be made in good faith by the Company’s Board of Directors.

  (b) This Agreement may be terminated without cause by either party upon not less than thirty (30) days prior written notice by either party to the other.

  (c) Upon termination under Sections 4(a) or 4(b), neither party shall have any further obligations under this Agreement, except for the obligations which by their terms survive this termination as noted in Section 16 hereof. Upon termination and, in any case, upon the

  courtesy of Peter B. Finn, ESQ, Senior Partner, Rubin and Rudman LLP , .

  Company’s request, the Consultant shall return immediately to the Company all Confidential Information, as hereinafter defined, and copies thereof.

  5. RESTRICTED ACTIVITIES. During the Term and for a period of one (1) year thereafter, Consultant will not, directly or indirectly:

  (i) solicit or request any employee of or consultant to the Company to leave

  the employ of or cease consulting for the Company;

  (ii) solicit or request any employee of or consultant to the Company to join the

  employ of, or begin consulting for, any individual or entity that researches,

  develops, markets or sells products that compete with those of the Company;

  (iii) solicit or request any individual or entity that researches, develops,

  markets or sells products that compete with those of the Company, to employ or

  retain as a consultant any employee or consultant of the Company; or

  (iv) induce or attempt to induce any supplier or vendor of the Company to

  terminate or breach any written or oral agreement or understanding with the

  Company.

  6. PROPRIETARY RIGHTS.

  (a) For the purposes of this Article 6, the terms set forth below shall have the following meanings:

  (i) to Consultant or which are first developed by Consultant during the course of the performance of Services hereunder and which relate to the Company' present, past or prospective business activities, services, and products, all of which shall remain the sole and exclusive property of the Company. The Consultant shall have no publication rights and all of the same shall belong exclusively to the Company.

  (ii) For the purposes of this Agreement,

  Confidential Information shall mean and collectively include: all information relating to the business, plans and/or technology of the Company including, but not limited to technical information including inventions, methods, plans, processes, specifications, characteristics, assays, raw data, scientific preclinical or clinical data, records, databases, formulations, clinical protocols, equipment design, know-how, experience, and trade secrets; developmental, marketing, sales, customer, supplier, consulting relationship information, operating, performance, and cost information; computer programming techniques whether in tangible or intangible form, and all record bearing media

  courtesy of Peter B. Finn, ESQ, Senior Partner, Rubin and Rudman LLP , .

  containing or disclosing the foregoing information and techniques including, written business plans, patents and patent applications, grant applications, notes, and memoranda, whether in writing or presented, stored or maintained in or by electronic, magnetic, or other means.

  Notwithstanding the foregoing, the term “Confidential Information” shall not

  include any information which: (a) can be demonstrated to have been in the public domain or was publicly known or available prior to the date of the disclosure to Consultant; (b) can be demonstrated in writing to have been rightfully in the possession of Consultant prior to the disclosure of such information to Consultant by the Company; (c) becomes part of the public domain or publicly known or available by publication or otherwise, not due to any unauthorized act or omission on the part of Consultant; or (d) is supplied to Consultant by a third party without binder of secrecy, so long as that such third party has no obligation to the Company or any of its affiliated companies to maintain such information in confidence.

  (b) Except as required by Consultant's Duties, Consultant shall not, at any time now or in the future, directly or indirectly, use, publish, disseminate or otherwise disclose any Confidential Information, Concepts, or Ideas to any third party without the prior written consent of the Company which consent may be denied in each instance and all of the same, together with publication rights, shall belong exclusively to the Company.

  (c) All documents, diskettes, tapes, procedural manuals, guides, specifications, plans, drawings, designs and similar materials, lists of present, past or prospective customers, customer proposals, invitations to submit proposals, price lists and data relating to the pricing of the Company' products and services, records, notebooks and all other materials containing Confidential Information or information about Concepts or Ideas (including all copies and reproductions thereof), that come into Consultant's possession or control by reason of Consultant's performance of the relationship, whether prepared by Consultant or others: (a) are the property of the Company, (b) will not be used by Consultant in any way other than in connection with the performance of his/her Duties, (c) will not be provided or shown to any third party by Consultant, (d) will not be removed from the Company's or Consultant’s premises (except as Consultant's Duties require), and (e) at the termination (for whatever reason), of Consultant's relationship with the Company, will be left with, or forthwith returned by Consultant to the Company.

  (d) The Consultant agrees that the Company is and shall remain the exclusive owner of the Confidential Information and Concepts and Ideas. Any interest in patents, patent applications, inventions, technological innovations, trade names, trademarks, service marks, copyrights, copyrightable works, developments, discoveries, designs, processes, formulas,

  courtesy of Peter B. Finn, ESQ, Senior Partner, Rubin and Rudman LLP , .

  know-how, data and analysis, whether registrable or not ("Developments"), which Consultant, as a result of rendering Services to the Company under this Agreement, may conceive or develop, shall: (i) forthwith be brought to the attention of the Company by Consultant and (ii) belong exclusively to the Company. No license or conveyance of any such rights to the Consultant is granted or implied under this Agreement.

  (e) The Consultant hereby assigns and, to the extent any such assignment cannot be made at present, hereby agrees to assign to the Company, without further compensation, all of his/her right, title and interest in and to all Concepts, Ideas, and Developments. The Consultant will execute all documents and perform all lawful acts which the Company considers necessary or advisable to secure its rights hereunder and to carry out the intent of this Agreement.

  7. EQUITABLE RELIEF. Consultant agrees that any breach of Articles 5 and 6 above by him/her would cause irreparable damage to the Company and that, in the event of such breach, the Company shall have, in addition to any and all remedies of law, the right to an injunction, specific performance or other equitable relief to prevent the violation or threatened violation of Consultant's obligations hereunder.

  8. WAIVER. Any waiver by the Company of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach of the same or any other provision hereof. All waivers by the Company shall be in writing.

  9. SEVERABILITY; REFORMATION. In case any one or more of the provisions or parts of a provision contained in this Agreement shall, for any reason, be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision or part of a provision of this Agreement; and this Agreement shall, to the fullest extent lawful, be reformed and construed as if such invalid or illegal or unenforceable provision, or part of a provision, had never been contained herein, and such provision or part reformed so that it would be valid, legal and enforceable to the maximum extent possible. Without limiting the foregoing, if any provision (or part of provision) contained in this Agreement shall for any reason be held to be excessively broad as to duration, activity or subject, it shall be construed by limiting and reducing it, so as to be enforceable to the fullest extent compatible with then existing applicable law.

  10. ASSIGNMENT. The Company shall have the right to assign its rights and obligations under this Agreement to a party which assumes the Company' obligations hereunder. Consultant shall not have the right to assign his/her rights or obligations under this Agreement without the prior written consent of the Company. This Agreement shall be binding upon and inure to the benefit of the Consultant's heirs and legal representatives in the event of his/her death or disability.

2024英文合同 篇9

  建筑合同 ARCHITECTURE CONFIRMATION

  甲方:Party A: 乙方:Party B:

  合同編號: Contract No

  日期:Date:

  簽約地點:Signed at:

  特約定:

  甲方基于下文所列各種因素,特與乙方達成了協議并一致同意:由甲方在訂約日期之翌日起_____天之內為乙方建造并完成_____(涉約建筑)。涉約建筑之規模及所需的鋼筋、水泥、磚塊、石子和其它建筑材料之數量,均在作為合同附件的設計圖和施工細則中予以說明。

  Witnesses that the Party A for considerations hereinafter named, contracts and agrees with the Party B that Party A will, within_____ days, next following the date hereof, build and finish a Libarary Building for Party B. ( the building hereinafter is referred to as the said building.) The said building is of the following dimensions, with reinforced concrete, brick, stones and other materials, as are described in plans and specifications gereto annexed.

  基于上述情況,乙方及其法定代表鄭重承諾向甲方支付人民幣_____元整。支付方法商定如下:

  In consideration of the foregoing, Party B shall, for itself and its legal representatives, promise to pay Party A the sum of one million RMB yuan in manner as follows, to wit:

  在上述工程開工之日,支付人民幣_____元整

  在_____年_____月_____日,支付人民幣_____元整

  在_____年_____月_____日,支付人民幣_____元整

  在_____年_____月_____日,支付人民幣_____元整

  在_____年_____月_____日,支付人民幣_____元整

  余額人民幣_____元整于工程完成之日付清。

  RMB_____at the beginning of the said work.

  RMB_____on _____/ _____/_____( for example: 3/21/20xx)

  RMB_____ on_____/ _____/_____

  RMB_____ on_____/ _____/_____

  RMB_____ on_____/ _____/_____

  And the remaining sum will be paid upon the completion of the work.

  訂約雙方并同意由甲方或其法定代表在領取各項付款時,為證明有權領用上述各次付款(第一次付款除外,因其另有保證),必須由建筑師作出評定,證明已經收到的付款之價值已經消耗在勞務及材料費用之中。

  It is further agreed that in order to be entitled to the said payments ( the first one excepted, which is otherwise secured ), Party A or its legal representatives shall, according to the architect's appraisement, have expended, in labor and material, the value of the payments already received by Party A, on the building, at the time of payment.

  上述協議如未能忠實執行,則違約一方同意其應享有權利自動喪失,且在違約之日后一個月之內,向對方或其法定代表賠償人民幣_____元整,作為商定之損失賠償費。

  For failure to accomplish the faithful performance of the agreement aforesaid, the party so failing agrees to forfeit and pay to the other_____RMB yuan as fixed and settled damages, within one month form the time so failing.

  為示信守,各方謹于上文起首載明之日期簽名、蓋章。

  本合同當下列人員之面交付。

  In witness whereof we have hereunto set our hands and seals the day and year first above written.

  Signed, sealed and delivered

  in the presence of

  甲方:Party A : 乙方:Party B:

2024英文合同 篇10

  出租方(甲方)Lessor (hereinafter referred to as Party A) :

  承租方(乙方)Lessee (hereinafter referred to as Party B) :

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

  In accordance with relevant Chinese laws 、decrees and pertinent rules and regulations ,Party A and Party B have reached an agreement through friendly consultation to conclude the following contract.

  一、 物業地址 Location of the premises

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

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

  二、 房屋面積 Size of the premises

  出租房屋的登記面積為_________平方米(建筑面積)。

  The registered size of the leased premises is_________square meters (Gross size).

  三、 租賃期限 Lease term

  租賃期限自_______年___月___日起至_______年___月___日止,為期___年,甲方應于_______年___月___日將房屋騰空并交付乙方使用。

  The lease term will be from _____(month) _____(day) _______(year) to ________(month) _____(day) _______(year). Party A will clear the premises and provide it to Party B for use before _____(month) _____(day) _______(year).

  四、 租金 Rental

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

  Amount: the rental will be ____________per month. Party B will pay the rental

  to Party A in the form of ____________in ________________.

  2. 租金按_____月為壹期支付;第一期租金于_______年_____月_____日以前付清;以后每期租金于每月的______日以前繳納,先付后住(若乙方以匯款形式支付租金,則以匯出日為支付日,匯費由匯出方承擔)。甲方收到租金后予書面簽收。

  Payment of rental will be one installment everymonth(s). The first installment will be paid before_______(month)______(day)__________(year). Each successive installment will be paid_____________each month.

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

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

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

  五、 保證金 Deposit

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

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

  2. 除合同另有約定外,甲方應于租賃關系消除且乙方遷空、點清并付清所有應付費用后的當天將保證金全額無息退還乙方。

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

  3. 因乙方違反本合同的規定而產生的違約金、損壞賠償金和其它相關費用,甲方可在保證金中抵扣,不足部分乙方必須在接到甲方付款通知后十日內補足。

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

  六、 甲方義務 Obligations of Party A

  1. 甲方須按時將房屋及附屬設施(詳見附件)交付乙方使用。

  Party A will provide the premises and attached facilities (see the appendix of furniture list for detail) on schedule to Party B for using.

2024英文合同 篇11

  買 方: (The ;Buyers)

  賣方: (The Sellers)

  茲經買賣雙方同意按照以下條款由買方購進,賣方售出以下商品:

  This contract is made by and between the Buyers and the Sellers; whereby the Buyers agree to buy and the Sellers agree to sell the under-mentioned goods subject to the terms and conditions as stipulated hereinafter:

  (1) 商品名稱:

  Name of Commodity:

  (2) 數 量: Quantity:

  (3) 單 價: Unit price:

  (4) 總 值: Total Value:

  (5) 包 裝: Packing:

  (6) 生產國別: Country of Origin :

  (7) 支付條款: Terms of Payment:

  (8) 保 險: insurance:

  (9) 裝運期限: Time of Shipment:

  (10) 起 運 港: Port of Lading:

  (11) 目 的 港: Port of Destination:

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

  Claims:

  Within 45 days after the arrival of the goods at the destination, should the quality, Specifications or quantity be found not in conformity with the stipulations of the contract except those claims for which the insurance company or the owners of the vessel are liable, the Buyers shall, have the right on the strength of the inspection certificate issued by the C.C.I.C and the relative documents to claim for compensation to the Sellers

  (13)不可抗力:由于人力不可抗力的原由發生在制造,裝載或運輸的過程中導致賣方延期交貨或不能交貨者,賣方可免除責任,在不可抗力發生后,賣方須立即電告買方及在14天內以空郵方式向買方提供事故發生的證明文件,在上述情況下,賣方仍須負責采取措施盡快發貨。

  Force Majeure :

  The sellers shall not be held responsible for the delay in shipment or non-deli-very of the goods due to Force Majeure, which might occur during the process of manufacturing or in the course of loading or transit. The sellers shall advise the Buyers immediately of the occurrence mentioned above the within fourteen days there after . the Sellers shall send by airmail to the Buyers for their 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:凡有關執行合同所發生的一切爭議應通過友好協商解決,如協商不能解決,則將分歧提交中國國際貿易促進委員會按有關仲裁程序進行仲裁,仲裁將是終局的,雙方均受其約束,仲裁費用由敗訴方承擔。

  Arbitration :

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

  買方: 賣方:

  (授權簽字) (授權簽字)

  【拓展延伸】

  1.前言 Preamble

  一份標準英文合同通常可以分為前言(Preamble)、正文(Operative part)、附錄(Schedule)及證明部分即結束詞(Attestation)四大部分組成。

  前言(Preamble)由“Parties”及“Recitals”兩部分組成。

  “Parties”為必備條款,在很多時候稱為“commencement”即合同的開場白,主要介紹合同各方的名稱或姓名、注冊地及地址、郵編及在合同中的簡稱。當然,并不是所有的合同都要詳細介紹以上諸要素,在許多簡單合同中,只是提一下各方的名稱。

  I. 以下為“Parties”的常用表達方式:

  1. This Agreement is entered into by and between ____ and ____.

  本協議由以下雙方____和___ 簽署。

  2. This Agreement is entered into by and between ____ (hereinafter referred to as____) and ____ (hereinafter referred to as "_____"), whereby it is agreed as follows:

  本協議由以下雙方____(以下簡稱____)和_____(以下簡稱___)簽署,達成如下協議:

  注:在很多合同中,這部分加入簽約事由,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:

  本協議由_____(以下稱為甲方)和____(以下稱為乙方)為發展業務在平等互利的基礎上簽訂,其條款如下:

  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“協議”由_____(以下簡稱“公司”)與_____(以下簡稱“雇員”)根據“雇員手冊”第VIII(2)款簽署,“協議”內容如下:

  II. 以下為標準的“Parties”條款:

  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:

  本合約由______,在_____法律之下并憑該等法律正式組織并存在的公司,其主要營業地點在______(下稱_____),與_____,在_____法律之下并憑該等法律正式組織并存在的公司,其主要營業地點______(下稱代理人),于_____日簽訂和締結,協議如下:

  III. “Recitals” 由數個以"Whereas"字樣開頭的句子所組合而成(這些句子俗稱為“Whereas Clauses”),表示當事人乃是在基于對這些事實(例如訂約的目的、背景來由等)的共同認識,訂立此合約。

  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:

  本合約由_____,在_____法律之下并憑該等法律正式組織并存在的公司,其主要營業地點在______(下稱_____)(或下稱供應商),與_______,在_____法律之下并憑該等法律正式組織并存在的公司,其主要營業地點_

  鑒于

  因此,雙方當事人達成以下協議:

  注:WITNESSED可以用WITHNESSTH、WITHNESSTH THAT等來代替。

  IV. 在很多美國常用合同中,在很多情況下直接用RECITALS引導數個陳述語句或“Whereas Clauses”。下面為一個資產購買協議實例:

  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. 定義 Definition

  在正文(Habendum)部分,通常第一章為定義(Definitions)部分。

  定義條款即對合同中涉及的術語及名詞作出限定、解釋的條款。它可以散見于合同各個部分,但對于一些大型的、重要的合同,通常將其置于第一章。

  I. 常見的定義語句常用mean, refer to, be construed as, include等來表達。如:

  1. "Territory" means the United States of America.“銷售地區”是指美利堅合眾國。

  2. “Commencement date” shall mean the date of signing this agreement by the last signing party hereto.

  “協議生效日”是指本“協議”最后簽字的一方簽署本“協議”的日期。

  3. The “agreement” herein referred to shall mean this agreement of agency by entrustment.

  “協議”在這里是指本委托代理協議。

  4. “Code” shall refer to the current and applicable Internal Revenue Code.

  “法”是指當前可用的國內稅收法。

  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.

  引用法律規定理解為引用其本身外,還包括其修訂、修正或重新實施案。

  6. "Expenses" include costs, charges and expenses of every description.

  “費用”包括各種形式的金錢支出。

  II. 還有一類特殊的定義語句,即對于「單、復數」及「陰、陽性」名詞的范圍定義。通常都是用include來表達:

  1. "Stock Certificate" includes "stock certificate" and "stock certificates".

  合同中的“股票”,包括單數與復數。

  2. "He" includes "he" and "she".

  合同中的“他”,包括“他”與“她”。

  3. Words using the singular or plural number also include the plural or singular number.

  采用單數或復數的單詞也包括復數或單數。

  III. 定義語句中,有時需限定范圍。而通常用得最多的是:“for the purpose of ”及“in relation to” 某概念的定義條款,如果適用范圍僅限于合同的“特定部份”,可以用“for the purpose of ”來為定義條款起頭。而如果定義條款是針對合同的“特定概念”,就用“in relation to”來界定。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.

  本協議所稱的“產品”,指制造人所制造如附件A表列之各式機器。

  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場所;就公司而言,指位于中華人民共和國之注冊所在地或主營業所。

  IV. 在定義條款中,在定義語句前有時會加上一些陳述語句來引導,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,下列各用語,分別具有下述意義:

  2. In this Agreement, the following words or expressions shall have the meanings given to them respectively below:

  本協議內所用詞句的意義,明確闡述如下:

  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“協議”有明確規定,下列詞語應當具有如下規定之意義:

  4. The following are the definitions of various terms used in this Agreement:

  本“協議”使用之術語定義如下:

  3. 有效期 Period of validity

  有效期(Term)條款通常規定合同的有效期限,何時生效及到何時結束,合同結束后必要時如何延展等等。

  I. 以下為“Term”的常用表達方式:

  The term of this contract is for a _____ year period.合同的有效期為_____年。

  如:The term of this contract is for a one (1) year period.

  2. The contract is for a _____ month period, commencing _____.

  合同的有效期為_____月,開始于______。(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 ______, _____.

  本協議在_____年之內有效,即從_____年_____月_____日起生效,_____年_____月_____日起到期。

  4. The contract term is hereby extended for the period____.

  合同的有效期為_______。

  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條款除了規定合同的期限外,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.

  合同有效期為_____年,同時可以選擇延長_____年。

  2. The contract is for a _____ month period, commencing _____. The contract may be renewed for up to _____ year option periods.

  合同的有效期為_____月,開始于_______,同時可以選擇延長_____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.

  本協議應自生效日生效并在_____年內有效。此后,除非一方當事人提前_____天書面通知對方當事人終止本協議,本協議有效期自動延長_____年,協議條款不變。

  III. Term條款并沒有十分固定的表達方式,以下即是一些合同中Term的實例:

  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.

  本合約須從上面首次寫明的甲方和乙方簽訂本約的日期起生效并保持效力三年,并將按同樣條件延長三年,否則與約任何一方至少須在原定時間期滿前三十天給予另一方提前終止本合約的書面通知。

  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.

  自本協議簽訂之日起到______年______月協議終止這段期間內,甲方可隨時以書面形式通知乙方。

  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據第8條第3款及第9條的規定終止外,有效期為3年。

  4. The contract is valid from _______ until _______.

  The contract period is automatically extended for any leave of absence allowed for in law.

  合同的有效期為從______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.

  本協議期限為__年____月____日至__年___月___日。除非續訂日前_____天一方以書面方式提出終止,否則上述首期屆滿后,協議應自動續訂,延長時間與前期相同。

  4. 不可抗力 Force Majeure

  Force Majeure條款是一種免責條款,即免除由于不可抗力事件而違約的一方的違約責任。一般應規定的內容包括:不可抗力事件的定義(Definition of Force Majeure)以及不可抗力事件的后果(Consequences of Force Majeure) 。在Force Majeure條款中,兩者屬于因果關系,難以截然分開。

  I. 對于Force Majeure的定義,《合同法》定義如下:

  本法所稱不可抗力,是指不能預見、不能避免并不能克服的客觀情況。

  For purposes of this Law, force majeure means any objective circumstance, which is unforeseeable, unavoidable and insurmountable.

  II. 以下是Force Majeure條款的舉例:

  1. Neither party shall be responsible for delays or failures in performance resulting from acts or facts reasonably beyond the control of that party.

  任何一方不應對因其無法控制之行為或事實造成協議延遲履行或不履行承擔任何責任。

  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.

  協議任一方無須對因任何在本協議簽訂時無法預見或以合理手段也無法避免或克服之原因造成的遲延或不履行本協議之義務所造成的損失承擔責任。

  注:以上采用的是類似《合同法》概括的定義方法。而合同為不可抗力定義時更多地采用列舉的方法。

  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.

  本合同任何一方當事人對直接或間接地由于其無法控制的原因或情況包括自然災害、政府命令或限制、戰爭、戰爭狀態、革命、罷工、工廠被關閉、火災、水災等而未能履行或延遲履行合同或合同一部分的行為,不負任何責任。

  注: Acts of God通常也譯為“不可抗力”,但主要是指自然災害;而Force Majeure則包括自然及人為兩方面。

  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.

  任何當事人將不會為任何因為不可控制的情況產生的未交付貨物、交付錯誤或延遲交貨(除了支付應付款)。不可控制的情況包括戰爭、國內斗爭或*亂、騷亂、罷工、火災、洪災、自然災害、無力獲得材料、承運人的失誤、遵守法律、法規或政府令。

  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、臺風、水災、火災、戰爭以及其它不能預見并且對其發生和后果不能防止或避免的不可抗力事件出現,致使直接影響合同的履行或者不能按約定的條件履行 時,遇有上述不可抗力的一方,應立即電報通知對方,并應在十五天內,提供不可抗力詳情及合同不能履行、或者部分不履行、或者需要延期履行的理由的有效證明 文件。此項證明文件應由事故發生地有權證明的機構出具。按其對履行合同影響的程度,由雙方協商決定是否解除合同,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:

  下述事件構成不可抗力:

  Where such cases as war, earthquake, serious windstorms, snow, or fire or other events which no party can foresee and prevent from happening occur;

  發生戰爭、地震、嚴重的風災、雪災、火災或其他各方無法預見、無法抗拒的事故。

  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.

  自本協議簽訂之日起與本協議任何一方履行本協議相關的法律、法規發生變更致使本協議非法或轉讓行為無法完成。

  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.

  在發生本協議不可抗力事件之后,任何一方(以下簡稱受影響方)在履行本協議義務時受到拖延或不能履行時,受影響方不承擔任何違約責任及賠償責任。

  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.

  在發生不可抗力事件時,受影響方應自不可抗力事件發生之日起_____天內以電傳或電報或其他任何合理書面方式,通知另一方有關不可抗力的發生和不可抗力對其履行本協議的義務的影響,同時應呈交不可抗力的有關官方證明。

  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.

  在不可抗力事件延續_____天后,雙方必須磋商本協議的變更,雙方未能協商一致的,適用本協議第八章的規定。

  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遲履行其義務,則不對另一方負責,也不應視作違反合同。

  "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”指業主或承包商無法控制的情況,使當事人未能按本合同履行其義務,或者不得不延遲履行其義務。下列情況均被視作“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. 戰爭、敵對事件、外敵行動、入侵、類似戰爭的軍事行動(不管是事宣戰)、內戰;

  b. 士兵嘩變、民眾*亂、軍事叛亂、起義、造反、革命、篡權、或者任何個人代表某個組織或與某個組織有聯系、旨在以暴力推翻合法或現存政府、或以恐怖主義或暴力對政府施加影響的行為;

  c. 地震、洪水、火災或其他自然災害;

  d. 所有港口、機場、船運或其他公共交通工具的使用均遭拒絕;

  e. 工人罷工、工廠停工、或其他的勞工聯合行動,影響了承包商和分包商履行其義務;

  f. 當事人無法控制、從而使其不能履行義務的其他任何意外情況。

  (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遲履行本合同規定的任何義務,他可將不可抗力和由此造成的延遲或妨礙情況通知另一方。發出通知的一方允許根據具體情況及妨礙或延遲持續的時間免于履行或推遲履行合同。

  (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.

  根據本第款第3分條規定,如果任何一方免于履行或推遲履行其義務的時間持續了____個月,那么任何一方都可隨時向另一方發出書面通知,終止本合同。

  5. 修改 Modification

  合同修訂 (Modification)條款為合同常用條款.主要規定了合同修訂的方式與途徑。例如:書面合同,只能以書面方式進行修訂,口頭修訂內容無效。

  I. Modification條款通常較為簡單,以下為一些常用比較簡約的表達方式:

  1. The contract can be amended only after the amendment is agreed upon by both parties.

  只有經雙方一致同意,合同方可變更。

  2. This Agreement may be amended only by a written instrument signed by duly authorized representatives of both parties.

  本合同只有經雙方當事人授權的代表正式簽署的書面文件,方可修改。

  3. This Agreement may not be amended or modified except by written instrument signed

  by each of the Parties hereto.

  除非經本協議當事人簽署的書面通知,否則本協議書不得作出任何修改和變更。

  4. Any alterations or amendments of this Agreement shall be subject to agreement through consultation between both parties in writing.

  本協議的任何變更或修改,應由本協議雙方協商一致,并以書面方式進行。

  5. This Agreement shall not be modified or amended except by a written instrument, signed by the parties hereto.

  除非雙方當事人共同簽署書面文件,否則本“協議”不得修改或修訂。

  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.

  對本“協議”任何規定的任何變更、修改或免責必須另以書面形式作出,并經各方正式簽字。

  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.

  在協議的有效期內,任何一方都有權提出對協議進行修改,修改后的協議經過雙方簽署后才能夠生效。

  II. 在實際運用中,由于內容環境不同,表達可能有所不同,以下為一些實例:

  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.

  本股權質押項下的貸款合同如有修改、補充而影響本質押合同時,雙方應協商修改、補充本質押合同,使其與股權質押項下貸款合同規定相一致。

  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須作一定刪節、修改、補充時,應不免除或減少甲方在本合同中所承擔的責任,不影響或侵犯乙方在本合同項下的權益。

  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.

  對本合同及其附件的修改必須經甲、乙雙方簽署書面協議,并報原審批機構批準,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.

  本協議可由「雙方」書面簽署予以修改。除在此種修改中另行明確同意外,本協議所有的條款和條件須適用于任何此類修改中所做的添加,而所有根據本協議而給予「被許可人」的權利對于任何此類修改中的刪除事項而言將終止。

  6. 補償 Indemnification

  損害賠償(indemnification)條款,是減少合同風險的一個重要條款。該條款主要約定在第三者對合同提出權利主張時,另一締約方應當對此承擔責任。通常情況下,另一締約方必須支付全部的防御性訴訟費用,以及全部的支付給第三者的和解費用或者第三者勝訴后造成的所有損失。

  實際上,本條款是將第三人造成的風險從合同的一方當事人轉移給另一方當事人。

  其次,本條款也可以約定合同的另一締約方有其他不當的作為時,應當進行損害賠償。

  I. Indemnification 條款常用“indemnify and hold harmless from……”來表達:

  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

  甲方同意對乙方因_____造成的損失作出賠償及保證乙方不招致任何第三方索償或索求,包括合理的律師費用。

  應用實例:

  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.

  甲方同意對乙方因甲方使用網站、或甲方違反本協議、或因甲方或其它使用甲方之登記名稱及密碼而使用網站的使用者,侵犯任何知識產權或任何其它人士或單位的其它權利所造成的損失作出賠償及保證乙方不招致任何索償或索求,包括合理的律師費用。

  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.

  甲方應當賠償乙方及其每個職員、董事、股東、雇員及其代理人因此協議引起或與此協議以后的交易相關事項而產生的損害、損失、責任、開支或費用,包括律師費用,但因乙方或其職員、董事、股東、雇員或代理人有意的過失而引起的損失除外。

  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.

  一方當事人將使另一方當事人免于承擔訴訟、索賠、請求、損害賠償金及費用,包括為以下訴訟辯護而發生的合理的律師費:因另一方當事人未根據本協議履行其義務而導致損害賠償的訴訟。

  不管一方當事人或雙方當事人是否知道特殊損害賠償、附帶損害賠償、間接損害賠償、后果性損害賠償、懲罰性損害賠償發生的可能性,一方當事人均不會為另一方當事人承擔上述損害賠償。

  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.

  承包商同意保護、辯護、賠償和保證公司、其上級公司、下屬公司和關聯公司、及其雇員、次承包商和其保險公司不承擔在履行本合同過程中,不論公司是否存在部分 或全部的不作為或疏忽的責任,直接或間接所導致的承包商和次承包商的雇員生病、受傷或死亡以及承包商的財產所遭受的毀損滅失相關的任何訴求、要求、訴因、 損失、費用、對他方的賠償義務、判決或賠償責任。

  II. Indemnification 條款還有多種表達方式,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.

  除上列特別述及的賠償和責任外,公司或承包商相互間不承擔任何間接損失,包括但不限于預計的利潤損失、預計的收益損失、預計的生產損失、產品損失、無法使用金錢的損失,由于或認為系因公司或承包商未能正確地履行本合同的義務或由于該違約系由于其次承包商或供應商(買方)或船舶不適航或嚴格責任和不論是否存在依以前協議履行原因,所導致的部分或全部的不作為或疏忽所造成的損失。

  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.

  依據法律或衡平法,本“協議”所述的賠償或其它可得的賠償應當是累積的,并在本“協議”中規定的賠償之外,或在現在或此后可得的賠償之外。無論對方當事人通知與否,任何與違反協議或不履行協議有關的棄權不得視為與任何后來的違反協議或不履行協議有關的棄權,無論是否性質相同或不同。

  III.在大型合同中,Indemnification 條款往往非常復雜,以下即為。

  Indemnification 補償

  (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)每方應就其按本合同規定履行其本合同項下義務所導致的、與其有關的或由其引發的一切損失、損害、責任、支出、費用、索賠、訴訟、要求、訴訟行為、訴因、程序、判決、估定稅額、欠額以及收費(合稱“損害”)補償另一方、另一方的股東、董事、管理人員、雇員、代理、被指定人、受讓人或其中任何一人,使之不受損害,并且在不對上文所述予以限制的條件下,買方還應就下述各項所導致的、與其有關的或由其引發的上述任何事項補償賣方:

  (a)授權對viewing sing系統提供的服務;(b)買方與項目分包商、分支機構之間的糾紛;(c) 任何用戶針對買方的該項目服務的糾紛或索賠;(d) 針對買方所涉該系統的不正當競爭或違法指控。

  (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規定有權獲得補償的索賠請求,一方(“受補償方”)應在實際可能的情況下盡早通知另一方(“補償方”),但無論如何不得遲于在收到該等請求后的第_______日。受補償方未給予該通知并不排除其按本合同規定尋求補償,除非未給予該通知補償方抗辯該索賠請求的能力受到實質影響。補償方(與其自行選擇的律師一起)應及時對該索賠請求進行抗辯,而受補償方應在對該索賠請求進行抗辯時與補償方合作,包括按照補償方規定的原則就該事項達成和解(補償方承擔該和解的一切費用與支出)。

  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

  如果補償方收到索賠通知后為受補償方辯護,則受補償方應有權對該索賠進行抗辯、妥協或和解,費用由補償方承擔。在承擔對該等索賠請求的辯護后,補償方可進行和解、妥協或抗辯,由其酌處。無論本條有何相反的規定,如果發生對買方的訴訟、索賠、訴訟行為或程序是基于以下主張,即賣方制造并銷售給買方的物品侵犯了任何第三方的_______國專利、版權、掩模、商標、商業秘密或其他任何知識產權,則賣方將就該訴訟、索賠、訴訟行為或程序為買方辯護,并將支付局判決(不能再上訴的)判定由買方承擔的損害賠償與費用,以及買方實際的支出與費用,上述規定的條件是:

  (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)賣方被及時告知侵權指控的發生,并得到與該侵權指控有關的每一通訊、通知或其他訴訟文書的副本,(2)得到該辯護的獨家控制權(包括選擇律師的權利),以及就訴訟或程序進行妥協或者和解的獨家權利;但是,賣方在本合同項下的責任(如果有的話),應嚴格地并且僅僅限于賣方因買方銷售侵權物品而應從買方獲得的特許權使用費收入金額。如果侵權是由賣方交貨后有人將物品混合、添加或改造而引起,或者由實施某一方法時使用物品(或其何部分)而引起,則賣方無義務進行辯護,亦無承擔費用或損害賠償的責任。

  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).

  如果賣方制造并向買方提供的任何物品被判定侵犯有效的'_______國專利,且賣方被禁止使用該專利,或者如果賣方相信很可能發生侵權,賣方將盡一切合理的努力,自費從以下措施中作出選擇:(1)為買方取得使用該等物品而不產生侵權責任的權利,或(2)以在其他方面實質符合本合同所有規定的非侵權替代品來代替或改造該等物品,或(3)在該等物品被返還后,退還該等物品的購買價以及運費(扣除向買方交貨至退還期間使用該等物品并從中獲得利益的折扣金額,該折扣金額按從賣方裝運之日起_______年直線式折舊來計算)。

  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.

  如果交貨完成前發生權指控,賣方有權拒絕進一步裝運,而不構成違約。如果賣方還沒有被禁止向買方銷售該等物品,應買方請求,賣方可以(僅由賣方酌定)向買方供應該等物品,在此情況下,買方應被視為向賣方做出與本合同上文所述相同的專利補償保證。如果有人指稱賣方按照買方規格制造的物品侵犯了有效的_______國專利,并以此為根據向賣方提起訴訟或程序,則買方應被視為已向賣方做出同樣的專利補償保證。

  買方應將第三方侵犯本合同項下許可給買方的知識產權及時通知賣方。如果第三方侵犯該等知識產權,雙方應互相合作,采取適當的行動制止該侵權行為。

  上文規定了本合同雙方就專利、版權、掩模、商業秘密、商標以及其他專有權利的侵權(無論是直接的還是協從的)所承擔的唯一責任,并且取代就其所做出的所有保證(明示的、暗示的或法定的),包括(但不限于)_____中規定的不侵權保證。

2024英文合同 篇12

  購 貨 合 同

  PURCHASE CONTRACT

  合同編號:

  Contract No.:

  簽訂日期:

  Date:

  簽訂地點:

  Signed at:

  買方:

  The Buyers:

  地址:

  Address:

  聯系人:

  Contact:

  電話(Tel):

  傳真(Fax):

  郵箱/E-mail:

  賣方:

  The Sellers:

  地址:

  Address:

  聯系人:

  Contact:

  電話(Tel):

  傳真(Fax):

  郵箱/E-mail:

  經買賣雙方確認根據下列條款訂立本合同:

  The undersigned Sellers and Buyers have confirmed this contract in accordance with the terms and conditions stipulated below:

  1. 商品名稱及規格

  Name of Commodity & Specification

  2. 數量

  Quantity

  3. 單價

  Unit Price

  4. 總金額

  Amount

  5. 包裝

  Packing

  6. 交貨時間

  Delivery Time

  7. 交貨地點

  Delivery Place

  8. 運輸方式

  Means of Transport

  9. 保險

  Insurance

  由_______方按發票金額的______%投保__________,加保______從______到______。

  To be covered by for % of the invoice value covering additional from to

  10. 付款條件

  Terms of Payment

  賣方收到50%定金后開始生產,發貨前買方付清余款。

  After the receipt of 50% of the total value payment, the seller shall begin the production and the buyer pay the balance of the total value before delivery.

  11. 裝運通知

  Shipping Advice

  一旦裝運完畢,賣方應立即電告買方合同號、品名、已裝載數量、發票總金額、毛重、運輸工具名稱及啟運日期等。

  The sellers shall immediately, upon the completion of the loading of the goods advise the buyers of the Contract No. names of commodity, loaded quantity, invoice value, gross weight, names of vessel and shipment date by TLX/FAX.

  12. 交貨原則

  Delivery Policy

  賣方在規定時間內所送貨物必須符合訂單要求,送錯或送少,應及時更換或補貨,否則,所帶來的損失由賣方全部承擔。

  The sellers within the prescribed time delivery of goods must comply with the order request, sent to the wrong or the less, should be replaced or replenishment, otherwise, the losses borne entirely by the sellers.

  13. 推遲交貨和罰款

  Late Delivery and Penalty

  如賣方沒有按照合同規定準時交貨,買方同意賣方付給罰款。加入賣方交貨期超過7天,買方有權取消合同。取消合同的情況,賣方仍不能延誤付給買方上述罰款。

  Should the Sellers fail to make delivery on time as stipulated in the Contract, the Buyers shall agree to postpone the delivery on condition that the Sellers agree to pay a penalty. In case the Sellers fail to make delivery later than 7 days, the Buyers have the right to cancel the Contract and the Sellers, in spite of the cancellation, shall still pay the aforesaid penalty to the Buyers without delay.

  14. 不可抗力

  Force Majeure

  如因人力不可抗拒的原因造成本合同全部或部分不能履約,賣方概不負責,但賣方應將上述發生的情況及時通知買方。

  The sellers shall not hold any responsibility for partial or total non-performance of this contract due to Force Majeure. But the sellers shall advise the buyers on time of such occurrence.

  15. 爭議的處理

  Disputes Settlement

  所有與此合同有關的爭議應通過友好協商解決,如果協商不能解決,根據有關仲裁法則進行仲裁。仲裁應在深圳進行且其結果對雙方均有約束力,任何一方均不應向法院或其他政府部門申請以改變仲裁結果。仲裁費由負方負擔。

  All disputes in connection with this Contract or the execution thereof shall be settled friendly through negotiations. In case no settlement can be reached, the case shall be submitted for arbitration ,in accordance with its Rules of Arbitration. The arbitration shall take place in Shenzhen and the decision of the Arbitration Committee shall be final and binding upon both parties; neither party shall seek recourse to a law court nor other authorities to appeal for revision of the decision. Arbitration fee shall be borne by the losing party. Or the Arbitration may be settled in the third country mutually agreed upon by both parties.

  16.文字

  Versions

  本合同中、英文兩種文字具有同等法律效力,在文字解釋上,若有異議,以中文解釋為準。 This contract is made out in both Chinese and English of which version is equally effective. Conflicts between these two languages arising therefrom, if any, shall be subject to Chinese version.

  17. 附加條款

  Additional Clauses

  本合同上述條款與本附加條款有抵觸時,以本附加條款為準

  Conflicts between contract clause hereabove and this additional clause, if any, it is subject to this additional clause.

  18. 本合同一式兩份,雙方各執一份,自雙方代表簽字/蓋章之日起生效。

  This contract is made in copies, each party holds one, becomes effective since being signed/sealed by both parties.

  買方(蓋章):

  The Buyer (seal):

  代表(簽字)Representative (signature) :

  日期:

  賣方(蓋章):

  The Seller (seal):

  代表(簽字)Representative (signature) :

  日期:

2024英文合同 篇13

  有限公司(以下簡稱甲方)系外商投資經營企業,現聘用 (以下簡稱乙方)為甲方合同制職工。根據《勞動法》和《上海市勞動合同條例》以下簡稱(條例),甲乙雙方本著誠信、平等、協商的原則,一致同意簽定本合同。

  (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.

  第一條 合同期限 article 1 term of the contract

  合同有效期限自 至 止,為期壹年。其中 至 為試用期。

  The term of contract starts as from to ; totally one year(s). the probation period thereof is as from to .

  第二條 工作崗位 article 2 work position

  1乙方應從事辦公室經理工作。乙方將按照甲方的要求工作。其基本職責如下:

  (1)人力資源

  (2)自德國總部進口產品

  (3)日常辦公室事務處理

  (4)觀察收集市場信息

  (5)客戶服務

  (6)會計相關信息支持

  (7)銷售團隊相關信息支持

  (8)倉庫管理,包括貨物和樣品管理

  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據乙方的工作能力和工作表現,可隨時更改乙方勞動報酬,但應在國家法律規定的范圍內。

  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.如果甲方認為乙方的工作能力和工作表現不符合本條第1款規定的工作要求,甲方有權在任何時候調換乙方的工作崗位、工作地點及勞動報酬,或解除本勞動合同。

  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.

  第三條 工作條件和勞動保護 article 3 working conditions and working protection

  甲方須為乙方提供符合國家規定的安全衛生的工作環境,并向乙方提供必要的勞動防護用品。

  Party A shall provide party B with the safe and healthful working environment and essential working protection according to the prc regulations.

  第四條 工作時間 article 4 working time

  1. 乙方每天和每周工作時間參照甲方有關規定。

  The daily and the weekly working time refer to party A’s relative regulations.

  2.乙方享有國家規定的法定節假日、年假和其他法律法規和員工手冊規定的假日。

  Party B is entitled to mandatory public holidays, the annual leave and other leaves according to laws and regulations and labor handbook.

  3.乙方為甲方工作滿12個月后,乙方每年可享有10天帶薪休假;工作滿五年后每年享有15天帶薪休假;滿十年后每年享有20天帶薪休假。乙方要休假時,應提前壹個月向甲方提出書面申請,得到甲方書面批準后,乙方才可休假。但員工每年可以享有最多五天的`跨年度帶薪休假。跨年度休假必須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.

  第五條 勞動報酬 article 5 compensation

  1. 乙方收入參照本合同中附件1的規定。甲方實行新的工資制度時,乙方的工資待遇按新的制度予以調整。

  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. 甲方實行年12個月薪金制,工作滿一年后,每年十二月份發雙薪。發薪日為第二個月的5號左右。甲方視乙方在服務的上一年中的表現和甲方的財務狀況決定乙方是否享有年終獎金。乙方若在得到年終獎金后的六個月內辭職的,應在其離開公司前返還其全額年終獎金。 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.

  第六條 勞動保險和福利待遇 article 6 insurance and welfare

  乙方因生、老、病、傷、殘、死,甲方按國家和地方有關規定辦理。

  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.

  第七條 勞動紀律及獎懲 article 7 working regulations, reward and punishment

  1. 乙方應遵守國家的法律法規,并遵守甲方的各項規章制度

  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責任的, 合同自動解除。

  this contract shall be terminated automatically if party B is accused by criminal charge.

  3.未經甲方書面同意,乙方不得在外兼職,也不能在任何情況下使用或準許他人使用其為甲方工作期間所獲得的任何信息,包括但不限于,泄漏任何技術,市場或財務文件或信息給第三方。任意此類違反將被視為嚴重違反合同,一經發現,乙方應向甲方支付違約金50,000元人民幣。如造成甲方的經濟損失,乙方應當承擔賠償責任。

  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.對于甲方為了業務需要給予乙方的預支款,一般情況下,乙方應在預支后的十個工作日內提供甲方要求的結算憑證,返還剩余預支款,與甲方完成結算;無論如何,該預支款應在預支后一個月內結算完畢。

  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.

  第八條 合同的解除 article 8 terminate of the contract

  1. 符合下列情況之一(除了第四項),甲方可以無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)在試用期內,甲方可無條件辭退乙方;

  During the probation, party A may dismiss party B without any reason at any time;

  (2)甲方認為乙方因嚴重違反勞動紀律或規章制度的;

  Party A thinks that party B seriously violates the working discipline and stipulations;

  (3) 乙方嚴重失職、營私舞弊、泄露重要商業信息;

  Party B has serious neglect of duty,jobbery or leak out of important business information;

  (4) 甲方認為乙方工作表現及能力不能達到本合同第二條第一款的要求;

  Party A thinks that party B’s work performance and ability cannot meet the requirements under article 2 item 1 hereunder;

  (5) 如果乙方嚴重違反最新>及其他不時制定的規章制度。

  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. 符合下列情況之一的,甲方不得解除本合同,但本合同第八條第一款規定和法律法規規定的情況除外。

  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) 乙方因病或非因工負傷在規定的醫療期內。

  If party B is sick or injured, party A has no right to terminate the contract during the treatment or convalescence period.

  (2) 實行計劃生育的乙方(指女方)在孕期、產期和哺乳期間。

  During the period of the pregnant, giving birth and lactation of party B who abide by the birth control regulation of prc.

  3. 乙方提出辭職的。應提前以書面形式向甲方提出申請。未經甲方書面批準,乙方不得辭職。甲方只有在每年下述兩個時期對乙方辭職申請進行答復。該兩個時期為每年五月至六月(針對去年十一月至當年四月提出的申請),十一月至十二月(針對當年五月至當年十月提出的申請)。 在甲方批準乙方的辭職,乙方將工作項目與甲方交接后,并將所使用的所有儀器、工具以完好,清潔,功能正常的狀態返還給甲方后,方可辦理解除或終止合同的手續,但是前提是乙方還應自甲方接受其辭職后根據甲方要求,繼續為甲方工作二個月,除非甲方放棄該權利。該二個月期滿后,雙方勞動關系最終解除或終止,乙方所享有的所有待遇如工資都即刻終止,其放棄提出任何經濟要求。如果乙方不按照上述規定辦理離職手續,在勞動關系正式解除前未經甲方同意即停止工作或不辦理交接,即視乙方放棄所有根據法律和合同其享有的權利和待遇,如休假、任何補償金等,甲方也不再對乙方負有任何責任,并有權追究其違約責任。

  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. 甲乙雙方任何一方提出解除合同,應提前壹個月書面通知對方 ( 本合同第8.1和 9.3條規定的情況除外)。該書面通知原則上應由雙方簽字。如接受通知一方不同意簽字,則通知方可將該通知以掛號信的方式郵寄至下述對方地址即視為送達。但按照本合同第8.1條(1)、(2)、(3)、(5)項規定解除勞動合同的不必提前通知對方除外。

  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:

  第九條 雙方約定其他條款 article 9 other provisions agreed by parties

  1. 在合同期間,所有與甲方雇用有關或執行甲方的任務或者主要是利用甲方提供的條件所完成的發明創造和成績,無論是通過腦力或體力,均屬職務發明創造,歸甲方所有,未經甲方批準不得以乙方名義申請專利,不得對外公開或交付其他方使用。

  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. 對于甲方在本合同期內向乙方提供的培訓,乙方應遵守甲方的培訓規定, 并不得向第三方泄露培訓涉及的事宜.

  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.乙方掌握甲方生產技術,專利,經營等商業秘密的,其不得向任何第三方透露任何與上述有關的信息,即使在合同終止或解除后。如果乙方在要求解除勞動合同時,應提前6個月向甲方提出書面申請,以便甲方進行必要的崗位調整,乙方同意在該期間內的工資按照調整后的崗位工資標準計算。

  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.

  第十條 違約責任 article 10 breach liability

  1. 乙方違反本合同第八條第3款和第4款規定的時限解除勞動合同,必須支付相當于乙方一個月收入的賠償金。

  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.無論雙方以任何形式解除勞動關系,乙方必須及時根據甲方的要求辦理完整工作交接手續,否則甲方將要求乙方支付相當于乙方一個月收入乘以乙方在甲方工作年限數的賠償金。 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. 乙方如違反本合同第九條任意一款,乙方必須支付甲方至少50,000元人民幣。

  If party B violates any regulation of article 9. party B shall pay at least 50,000 rmb a penalty to party A.

  第十一條 勞動爭議 article 11 dispute

  本合同在上海簽訂. 甲乙雙方發生勞動爭議時,由爭議的一方或雙方向上海市 區勞動爭議仲裁委員會申請仲裁。

  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.

  第十二條 其他 article 12 miscellaneous

  1. 本合同一式二份,甲乙雙方各執一份,經甲方法定代表人或授權人簽字和乙方簽字并加蓋甲方公章后生效。兩份合同具有同等的法律效力。雙方間的勞動關系正式從乙方的招工錄用手續辦理完畢之日起開始計算。

  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. 本合同簽署后,乙方應配合甲方辦理其招工錄用手續。如因乙方個人原因導致招工錄用手續無法及時辦理完畢,乙方應承擔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. 如果與合同條款有關的國家法律法規有所變更, 該合同其他部份將繼續有效。

  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.甲方不時制定或修改的規章制度及《員工手冊》是本合同的組成部分。

  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: 蓋章: stamp

  乙方 party B: 身份證號碼

2024英文合同 篇14

  借款人:

  borrower:

  貸款人:

  lender:

  抵押人:

  mortgagor:

  保證人:

  surety :

  出質人:

  pledgeor:

  為明確各方權利和義務,根據《合同法》、《貸款通則》和其他有關法律、法規,訂立本合同。

  this contract is made in line with the contract law of the peoples republic of china and the general provisions of loans of the peoples bank of china to specify the rights and obligations of parties involved.

  借 貸 條 款

  loan borrowing clause

  第一條 借款金額。見36.1

  article 1. amount of loan: refer to 36.1

  第二條 借款用途。見36.2

  article 2. purpose of loan: refer to 36.2

  第三條 借款期限。

  article 3. life of loan

  3.1見36.3.

  3.1 refer to 36.3

  3.2借據或貸款憑證是本合同不可分割的組成部分。借款的實際放款日和還款日以借款人、貸款人雙方辦理的借據或憑證上所記載的日期為準。除日期外,借據或憑證其他記載事項

  如與本合同不一致的,以本合同為準。

  3.2 a certificate of indebtedness or a loan voucher is an integral part of this contract. the date of advance and payment due date shall follow the date specified on the certificate of indebtedness or loan voucher . where there is any inconsistency between the stipulations on the certificate of indebtedness or loan voucher and the terms and conditions on this contract except date, the latter shall prevail.

  第四條 借款劃付。在借款人辦妥借款手續后5個營業日內將全部款項劃至借款人指定的賬戶,劃付次數、時間、金額見 36.4 .

  第五條 article 4 transferring of loan. the full amount of loan shall be transferred to an account designated by the borrower within 5 working days from the date of completing borrowing procedure. refer to 36.4 for the frequency, time and amount of transferring

  第五條 借款利率和計息。

  article 5. interest rate of loan and calculation

  5.1借款利率。本合同項下借款利率根據國家有關規定,確定利率見36。5 .遇利率調整時,借款期限在1年(含)以下的,執行合同利率,不分段計息;借款期限在1年以上的,實行分段計息,從利率調整的次年1月1日開始,按相應利率的檔次執行新的利率;如借款人未按約定時間歸還借款本息或未按合同約定用途使用借款,貸款人將按國家規定對借款人計收罰息,罰息率見36.6.

  5.1 interest rate of loan: the interest rate under this contract is specified in 36.5 in line with relevant rules. in case of change of interest rate, the interest rate stipulated in the contract shall prevail for loans with a life of less than or equal to one year; for loans with a life exceeding one year, the interest shall be calculated on a multi-stage basis, i.e. from next jan. 1st following the adjustment of interest rate, the new rate shall prevail. in case the borrower fails to repay the principal and interest before the due date, or fails to use the loan for purposes as agreed in this contract, the lender shall be entitled to collect default interest in line with relevant rules. the default interest rate is specified in 36.6.

  5.2遇利率調整時,實行分段計息的,貸款人有權根據國家有關規定自行調整,不另行通知借款人。

  5.2 in case of calculating interest on multi-stage basis due to adjustment of interest rate, the lender shall be entitled to adjust the interest rate on his own without further notice to the borrower.

  第六條 還款方式。

  article 6 type of repayment of loan

  6.1借款人應在貸款人開設帳戶,戶名和帳號見 36.7 ,并保證在每次還款日前足額存入當期應還款項的存款。借款人在此授權貸款人從借款人該帳戶中扣收借款本金、利息和可能發生的復利、罰息、違約金、保費、損害賠償金及實現債權的費用(含律師費和訴訟費)如該帳戶資產不足以歸還到期的貸款本息,貸款人有權從借款人在中國工商銀行任何分支機構開立的任何帳戶劃收。

  6.1 the borrower should open an account with the lender( the account name and account number are specified in 36.7.) and promise to deposit sufficient money for repayment before each due date. the borrower hereby authorizes the lender to collect , if any, compound interest, default interest, liquidated damage, premium, compensation and expenses arising from the realization of creditors right (including lawyers fee and court expense)in addition to due principal and interest of loan. in case the asset in this account is not enough for repayment of due principal and interest, the lender shall be entitled to collect from any account opened by the borrower with any branch of icbc.

  6.2貸款人與借款人雙方商定,自貸款發放次月起,借款人按月歸還貸款本息(一次性還本付息除外),還款期數及還款方式見 36.8 .

  6.2 the borrower shall repay the principal and interest on a monthly basis (except repaying principal and interest in a lump sum) from the second month following the issuing of loan , as agreed between the borrower and lender. the repayment tenors and type are specified in 36.8.

  6.3借款期間遇利率調整,如執行本合同5.1條實行分段計息的,對借款期限在1年以上的,應從利率調整的次年1月1日開始根據未償還借款余額和剩余還款期數進行調整,重新計算還款金額。

  6.3 in case of multi-stage calculation of interest as specified in 5.1 due to adjustment of interest rate during the life of loan, the repayment amount for loans with a life exceeding one year shall be recalculated on the basis of balance of unpaid loan and the rest of repayment tenor from next jan. 1st following the adjustment of interest rate.

  6.4借款人提前歸還貸款須經貸款人書面同意,,提前歸還部分的利息仍按本合同約定的利率和該部分實際使用天數計算。

  6.4 repayment of the loan ahead of schedule by the borrower shall be subject to written consent from the lender. the interest of prepaid amount should be calculated on the basis of rate specified in this contract and actual days.

  第七條 擔保方式。本合同的擔保人及擔保方式見 36.9.具體約定由本合同中相應的擔保條款確足。

  article 7 guaranty type. the guarantor and guaranty type under this contract is specified in 36.9. the specific stipulations are stated in corresponding guaranty clauses.

  第八條 借款人的權利、義務。

  article 8 rights and obligations of the borrower.

  8.1借款人的權利:

  8.1 rights of the borrower.

  按本合同約定的期限和用途取得和使用借款;

  obtain and use the loan for the period and purposes as agreed in this contract.

  違反借款合同的責任:

  1、貸款方的責任:貸款方不按合同規定及時貸款,應償付違約金。

  2、借款方的責任:借款方不按合同規定歸還貸款的,應當承擔違約責任,并加付利息。借款方不按合同規定使用政策性貸款的,應當加付利息;貸款方有權提前收回一部分或全部貸款。

  民間借款合同的注意事項:

  隨著市場經濟的發展,經濟生活較為寬裕,資金使用效益被受到重視,民間債權債務關系日趨增多。那么,怎樣才能較好的保護民間債權債務關系的合法有序以及當事人的合法權益呢?我們的處理經驗是 :

  1.訴訟時效問題。需要注意:借款沒有約定還款期限的,債權人可以隨時提出還款主張,不受兩年訴訟時效的限制,但提出還款主張后兩年內沒有繼續主張的,視為超過訴訟時效,法律不予支持。

  2.原告主張債權必須提供書面借據;無書面借據或無法提供的,應提供必要的事實根據或與自己無利害關系的兩人以上的證人證言,來支持自己的主張。欠條或者借條在債務人之手時一般將被推定為該債務已經清償。

  3.民間借貸的利率可以高于銀行利率,但最高不得超過銀行利率的4倍(含利率本數),但一定要明確約定,沒有約定利息的,視為無息借款。約定超出銀行同期利率4倍的,超出部分的利息依法不予保護。出借人不得將利息計入本金謀取高利,審理中發現借款人將利息計入本金計算復利的,只返還本金。

  4.出借人明知是為了進行非法活動而借款的,典型的例子是賭債,其借貸關系不予保護。對雙方的違法借貸行為,可按照有關法律予以制裁。

  5.行為人以借款人的名義出具的借據代其借款,借款人不承認,行為人又不能證明的,由行為人承擔民事責任。如借款系用于夫妻共同生活,則由夫妻雙方共同償還。

  6.合伙經營期間,個人以合伙組織的名義借款,用于合伙經營的,由合伙人共同償還;借款人不能證明借款用于合伙經營的,由借款人償還。

  7.借款的抵押如果涉及不動產,要到相關部門辦理登記手續,才能對抗第三人。

  8.債權文書如辦理可強制執行的公證,則可不經法院審理,直接向法院申請強制執行。

  9.還款期滿后6個月內必須向擔保人主張權利,如過期則擔保人一般不承擔擔保責任。

  10.為延長訴訟時效可以用郵政特快專遞不斷寄送追款函,郵件回執單必須明確注明寄送的內容,如要求還款1萬元的函、要求擔保人承擔擔保責任的函。

2024英文合同 篇15

  外貿經紀人傭金合同

  Commission Agreement of Foreign Trade Agents

  甲方:(生產廠家)______________________________

  乙方:(中間人)_______________________________

  Party A: (manufacturer)______________________________

  Party B: (intermediary )_______________________________

  根據《中華人民共和國合同法》和有關法律法規的規定,乙方接受甲方的委托,為甲方產品開拓海外市場,雙方經協商一致,簽訂本合同。

  According to "People's Republic of China Contract Law" and the provisions of relevant laws and regulations, Party A hereby appoints Party B to develop overseas market. Both Parties have agreed to sign this agreement.

  第一條:委托事項

  1. THE ENTRUSTED MATTERS

  甲方委托乙方發展海外市場為甲方營銷其產品。

  Party A hereby appoints Party B to develop overseas market and promote its products.

  第二條:委托事項的具體要求

  2. OBLIGATION

  (1) 甲方應保證所生產產品的合法性及保證產品質量。

  Party A shall ensure the legality of the products and ensure product quality.

  (2) 甲方與海外客商交易的具體價格、交貨方式、支付方式等由甲方與海外客商雙方協商約定。

  All the trade terms including price, payment term, delivery, etc are negotiated by Party A and customers.

  (3)甲方應嚴格按國家的“FOB、 C&F或 CIF條款”執行與海外客商所簽定的合同。

  Party A shall be in strict accordance with the " FOB, C & F or CIF terms in the contracts.

  (4)乙方承諾每年給甲方介紹______美元的銷售額。

  Party B promise that the turnover will be more than USD ______ per year through Party B.

  (5)乙方應協助甲方回收全額貨款及提供最新的市場信息。

  Party B should assist Party A to receive the full payment as per the sales contracts.

  Party B will provide the market information to Party A.

  (6)乙方不能將甲方營業范圍內的海外客戶關系泄露給第三方,否則甲方會按盜竊公司機密對乙方提起公訴。

  Party B should not disclose the customer information to a third party. Otherwise Party A will indict Party B.

  第三條:傭金的計算、給付方式、給付時間

  3. Rate of commission, payment term

  (1) 甲方同意按每筆合同成交總額(扣除稅金,運費和貨代的費用)的______支付傭金給乙方。

  Party A will agree to pay ______ of the total turnover of each contract - deducting taxes and the freight- to Party B.

  (2) 給付方式及時間:

  Payment term

  在甲方收到合同金額全款后14天內一次性付給乙方。

  Party A will pay 100% commission within 14 days upon receiving the full payment from customer.

  第四條:違約責任

  4. Liability

  甲方若不按本合同第三條的(2)執行,逾期一天應支付乙方滯納金,滯納金系數為:總傭金的5‰/天。

  If Party A does not follow (2) of Section 3, Party A have to pay the overdue fine. The amount is 5 ‰ of the total commission per day.

  第五條:協議仲裁

  5. AGREEMENT ARBITRATION

  雙方如果發生糾紛,可憑此合同向甲方所在仲裁機構進行。In the event of dispute, both parties can present to arbitration court from Party A’s place.

  第六條:本合同未盡事宜雙方協商解決。

  6. CHANGES.

  Any changes of terms relating to this agreement must be done in a written form, and agreed upon by both parties.

  現行協議條款的修改必須經協議雙方授權人書面簽字方能生效。

  第七條:特別約定。

  SPECIAL CLAUSE

  本合同一式肆份雙方各執貳份具有同等法律效用。中英文版本如有沖突,以中文版本為準。 This agreement has been drawn up in four identical copies, of which two copies for each party. The Chinese version of these Terms and Conditions shall prevail wherever there is a discrepancy between the English and Chinese versions. 第八條:履行

  IMPLEMENTATION

  本合同雙方簽字蓋章即為有效。

  Whilst signature on this agreement certifies the intention of both parties to the agreement, the terms of this agreement shall become binding upon both parties only at such time as the following have been complied with, in writing.

  第九條:同意簽字人AGREEMENT SIGNATORIES

  下面簽約的各方接受本合同中的所有條款.

  In witness thereof, the parties have signed below and by doing so have accepted and approved all covenants, terms and conditions of this agreement.

  ---------------------------- -----------------------

  簽名蓋章

  簽訂日期

  Signing date: 簽名蓋章

2024英文合同 篇16

  房屋租賃合同

  PREMISES LEASE CONTRACT

  本合同雙方當事人

  Parties hereto

  出租方(甲方):

  Lessor(hereinafter referred to as Party A):

  承租方(乙方):

  Lessee(hereinafter referred to as Party B):

  根據國家有關法律、法規和本市有關規定,甲、乙雙方在平等自愿的基礎上,經友好協商一致,就甲方將其合法擁有的房屋出租給乙方使用,乙方承租使用甲方房屋事宜,訂立本合同。 Party A and B have, in respect of leasing the legitimate premises owned by Party A to Party B,reached an agreement through friendly consultation to conclude the following contract underthe relevant national laws and regulations, as well as the relevantstipulations of the city.

  一、建物地址

  1. Location of the premises

  甲方將其所有的位于___ 市___ 區___ 的房屋及其附屬設施在良好狀態下出租給乙方___ 使用。

  Party A will lease to Party B the premises and attached facilities owned by itself which is locatedat (Location) and in good condition for.

  二、房屋面積

  2. Size of the premises

  出租房屋的登記面積為 平方米(建筑面積)。

  The registered size of the leased premises is square meters (Gross size).

  三、租賃期限

  3. Lease term

  租賃期限自___ 年 ___ 月 ___ 日起至___ 年___ 月___ 日止,租期為期___ 年, 甲方應于___ 年___ 月___ 日將房屋騰空并交付乙方使用。

  The lease term will be from___ (month)___ (day)___(year)to ___ (month)___ (day)___ (year), Lease Term year(s).

  Party A will clear the premises and provide it to Party B for use before___ (month)___ (day)___ (year).

  四、租金

  4. Rental

  1. 數額:雙方商定租金為每月___ 元整(含管理費)。乙方以現金形式支付給甲方。

  1)Amount:

  the rental will be ___ RMB per month (including management fees). Party B will paythe rental to Party A in the form of cash.

  2. 租金按 月為壹期支付;第一期租金于___ 年___ 月 ___ 日以前付清;以后每期租金于每月的 日以前繳納,先付后住(若乙方以匯款形式支付租金,則以匯出日為支付日,匯費由匯出方承擔);甲方收到租金后予書面簽收。

  2)

  Payment of rental will be one installment every month(s). The first installment will be paidbefore ___ (month)___ (day) ___

  (year). Each successive installment will be paid by(date) of each month. Party B will pay the rental before using the premises and attachedfacilities (In case Party B pays the rental in the form of remittance, the date of remitting will bethe day of payment and the remittance fee will be borne by the remitter.) Party A will issue awritten receipt after receiving the payment.

  3. 如乙方逾期支付租金超過七天,則每天以月租金的0.3%支付滯納金;如乙方逾期支付租金超過十天,則視為乙方自動退租,構成違約,甲方有權收回房屋,并追究乙方違約責任。 3)

  Where the rental is more than 7 working days overdue, Party B will pay 0.3 percent ofmonthly rental as overdue fine every day, if the rental be paid 10 days overdue, Party B will bedeemed to have withdrawn from the premises and breach the contract. In this situation,Party A has the right to take back the premises and take actions against party B‘s breach.

  五、押金

  5. Deposit

  1. 為確保房屋及其附屬設施之安全與完好,及租賃期內相關費用之如期結算,乙方同意于___ 年___ 月 ___ 日前支付給甲方押金___ 元整,甲方在收到押金后予以書面簽收。 1)

  Guarantying the safety and good conditions of the premises and attached facilities andaccount of relevant fees are settled on schedule during the lease term, party B shall pay toparty A as a deposit before ___ (month) (day) ___ (year). Party A shall issue a writteeceipt after receiving the deposit.

  2. 除合同另有約定外,甲方應于租賃關系消除且乙方遷空、點清并付清所有應付費用后的當天將押金全額無息退還乙方。

  2) Unless otherwise provided for by this contract, Party A will return full amount of the depositwithout interest on the day when this contract expires and party B clears the premises and haspaid all due rental and other expenses.

  3. 因乙方違反本合同的規定而產生的違約金、損壞賠償金和其它相關費用,甲方可在押金中抵扣,不足部分乙方必須在接到甲方付款通知后十日內補足。

  3)

  In case party B breaches this contract, party A has right to deduct the default fine,compensation for damage or any other expenses from the deposit. In case the deposit is notsufficient to cover such items, Party B should pay the insufficiency within ten days afterreceiving the written notice of payment from Party A.

  4. 因甲方原因導致乙方無法在租賃期內正常租用該物業,甲方應立即全額無息退還押金予乙方,且乙方有權追究甲方的違約責任。

  4)

  If Party B can’t normally use the apartment because of Party A, Party A should return thedeposit to Party B at once. And Party B has the right to ask for the compensation from PartyA.

  六、甲方義務

  6. Obligations of Party A

  1. 甲方須按時將房屋及附屬設施(詳見附件)交付乙方使用。

  1)

  Party A will provide the premises and attached facilities (see the appendix of furniture listfor detail) on schedule to Party B for using.

  2. 房屋設施如因質量原因、自然損耗、不可抗力或意外事件而受到損壞,甲方有修繕并承擔相關費用的責任。如甲方未在兩周內修復該損壞物,以致乙方無法正常使用房屋設施,乙方有權終止該合約,并要求退還押金。

  2)

  In case the premise and attached facilities are damaged by quality problems, naturaldamages or accidents, Party A will be responsible to repair and pay the relevant expenses. IfParty A can‘t repair the damaged facilities in two weeks so that Party B can’t use the facilitiesnormally, Party B has the right to terminate the contract and Party A must return the deposit.

  3. 甲方應確保出租的房屋享有出租的權利,如租賃期內該房屋發生所有權全部或部分轉移、設定他項物權或其他影響乙方權益的事件,甲方應保證所有權人、他項權利人或其他影響乙

  方權益的第三者能繼續遵守本合同所有條款,反之如乙方權益因此遭受損害,甲方應負賠償責任。

  3)

  Party A will guarantee the lease right of the premise. In case of occurrence of ownershiptransfer in whole or in part and other accidents affecting the right of lease by party B. party Ashall guarantee that the new owner, and other associated, third parties shall be bound by theterms of this contract. Otherwise, Party A will be responsible to compensate party B‘s losses.

  4. 甲方應為本合同辦理登記備案手續,如因未辦理相關登記手續致該合同無效或損害乙方租賃權利,應由甲方負責賠償,且甲方應承擔該合同相關的所有稅費。

  4)

  Party A must register this contract with the relevant government authority If not doingso resulting that this contract is invalid or Party B‘s right of leasing may be damaged, Party Ashould take the all responsibilities. Party A should also bear the all the relevant taxes

  七、乙方義務

  7. Obligations of Party B

  1. 乙方應按合同的規定按時支付租金及押金。

  1)Party B will pay the rental and the deposit on time.

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

  2)

  Party B may add new facilities with Party A‘s approval. When this contract expires, Party Bmay take away the added facilities without changing the good conditions of the premises fornormal use.

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

  3)

  Party B will not transfer the lease of the premises or sublet it without Party A‘s approvaland should take good care of the premises. Otherwise, Party B will be responsible tocompensate any damages of the premises and attached facilities caused by its fault andnegligence.

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

  4)

  Party B will use the premises lawfully according to this contract without changing the natureof the premises and storing hazardous materials in it. Otherwise, Party B will be responsible forthe damages caused by it.

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

  5)

  Party B will bear the cost of utilities such as telephone communications, water, electricity andgas on time during the lease term.

  八、合同終止及解除的規定

  8. Termination and dissolution of the contract

  1. 乙方在租賃期滿后如需續租,應提前一個月通知甲方,由雙方另行協商續租事宜。在同等條件下乙方享有優先續租權。

  1)

  Within one month before the contract expires, Party B will notify Party A if it intends toextend the lease. In this situation, two parties will discuss matters over the extension. Underthe same terms Party B has the priority to lease the premises.

  2. 租賃期滿后,乙方應在 日內將房屋交還甲方;任何滯留物,如未取得甲方諒解,均視為放棄,任憑甲方處置,乙方決無異議。

  2)

  When the lease term expires, Party B will return the premises and attached facilities to PartyA within days. Any belongings left in it without Party A's previous understanding will bedeemed to be abandoned by Party B. In this situation, Party A has the right to dispose of itand Party B will raise no objection.

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

  3)

  This contract will be effective after being signed by both parties. Any party has no right toterminate this contract without another party’s agreement. Anything not covered in thiscontract will be discussed separately by both parties.

  九、違約及處理

  9. Breach of the contract

2024英文合同 篇17

  Letter of Intent 合作意向書After friendly consultations based on the principles of equality and mutual benefit本著平等互的原則,經過友好的協商,__________________________ Party A/甲方and與___________________________ Party B/乙方have agreed to execute this Letter of Intent LOI to accord the understanding reached duringdiscussions and to indicate the continuing corporation.一致同意以本意向書實前期談判中達成的解并指導后續的合作。The purpose of this LOI is to set forth certain non-binding understandings and certain bindingcommitments between both parties with respect to a proposed transaction/investment betweenboth parties.本意向書旨在陳述與雙方交/投資有關的干無拘束的認識和具有拘束的約定。Part I: Proposed Transaction/Investment第一部分: 交/投資 LOI No. Description Amount 意向書編號意向內容簡述額 CCLI______ USD_____________1. The terms of the transaction/investment will be more particularly set forth in a Purchase Order for transaction or a Business Proposal for investment to be mutually agreed upon by the parties. This LOI outlines the proposed transaction/investment based on each party’s Page 1 of 2 present understanding of the current condition. 交的條款將在雙方共同認可的一份采購訂單(用于商品交)或者一份商業計劃書(用于投資合作)中進特別限定。本意向書僅陳述目前各方對現有狀況的認識。2. The parties agree that if there any amendments to the terms and conditions of the proposed transaction/investment without approval from the respective Board the transaction shall not proceed. 雙方同意:任何涉及本意向書條款的變,未經雙方董事會認可,影響交的執。Part II: Others第二部分其他3. The parties agree that either party to this LOI may unilaterally withdraw from negotiation at any time for any or no reason at the withdrawing party’s sole discretion by notifying the other party of the withdrawal in writing. 雙方同意:本意向書的任何一方在任何時候因任何原因或無故退出磋商,退出一方須以書面方式通知對方。4. The parties agree customary legal opinions must be delivered the content of which shall be mutually agreed upon. 雙方同意遵守交/投資的法慣,其內容必須為雙方所共同認可。5. This LOI is in duplicate one copy for each party each of which shall be deemed an original when executed. 本意向書一式兩份,雙方各持一份,執時效等同于原件。

  Party A: Party B:甲方:乙方:

  SIGNED by: SIGNED by:委托人簽字:………….. 委托人簽字:……….

  Date: Date:日期:日期:

2024英文合同 篇18

  銷 售 合 同

  SALES CONTRACT

  編號:Contract No:日期: Date:

  簽約地點:Signed at:

  賣方:Sellers:

  地址:Address:

  郵政編碼:Postal Code:

  電話:Tel: 傳真:Fax:

  買方:Buyers:

  地址:Address:

  郵政編碼:Postal Code:

  電話:Tel: 傳真:Fax:

  茲確認售予買方下列貨品,其成交條款如下:

  The Seller hereby confirms selling the following goods on terms and conditions

  (3)公差:數量及總值均有_____%的增減,由賣方決定

  Tolerance: With _____% more or less both in amount and quantity allowed at the

  sellers option.

  (4) 原產地

  Country of Origin:

  (5) 付款方式:30%預付,70%發貨前一周付清

  Payment terms: 30% deposit, 70% payment within one week before delivery.

  (6) 交貨時間:收到預付款后15天內完成裝運。

  Time of shipment: Within15 days after deposit received.

  (7) 貿易方式:FOBShanghai

  Terms of Shipment: FOBShanghai

  (8) 包裝:膠合板木盤外封鐵皮

  Packing: Plywood drum with steel sheet cover.

  (9) 保險:由賣方按發票全額110%投保至_____為止的_____險。

  Insurance: To be effected by seller for 110% of full invoice value covering _____ up to _____ only.

  (10) 裝運口岸:中國上海港

  Port of Loading: Shanghai Port, China

  (11) 轉運:允許

  Transshipment: Allowed

  (12) 分批裝運:允許分批裝運

  Partial Shipment: Allowed

  (13) 目的口岸:

  Port of Destination:

  (14) 嘜頭:Shipping Marks:

  (15) 單據:Documents:

  (16) 品質與數量、重量的異義與索賠:Quality/Quantity Discrepancy and Claim:

  (17) 逾期發運:如果由于買方原因造成逾期發運,買方承擔責任。造成自簽訂合同之日起超過45天不能發運的,賣方將每日按貨物金額的3%收取保管費;如果由于買方原因造成逾期發運超過6個月,賣方有權自行處置定金和貨物。如果是賣方原因造成的逾期發運,賣方需提前告知買方并得到買方的確認并承擔其他相關費用。

  LAST SHIPMENT: if the late delivery is caused by the buyer, the buyer shall bear the

  responsibility. If the delay has being made more than 45 days from the signing of the Sales Contract hereof, the buyer shall pay 3% of total amount each day, and if the delay is more than 6 months, the Seller has the right to dispose the down payment and the goods. If the late delivery is caused by the Seller, the Seller shall inform the Buyer in advance and get confirmation from the Buyer, and the related expense shall be born by the Seller.

  (18) 質量/數量異議:對于質量方面的異議,買方必須在貨物抵達目的港后30天之類提出:對于數量方面的異議,買方必須在貨物抵達目的港后15天之內提出。對由于保險公司、運輸公司、其他運輸機構或郵局的原因所造成的貨物差異,賣方不負任何責任。 QUALITY/QUANTITY DISCREPANCY: In case of quality discrepancy, claim shall be filed by the Buyer within 30 days after the arrival of the goods at port of destination; while for quantity discrepancy, claim shall 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 goods shipped due to causes for which the Insurance Company, Shipping Company, other transportation organization or Post Office are liable.

  (19) 不可抗力:賣方對由于下列原因而導致不能或暫時不能履行全部或部分合同義務的,不負責任:水災、火災、地震、干旱、戰爭或其他任何在簽約時賣方不能預料、無法控制且不能避免和克服的事件。但賣方因盡快地將所發生的事件通知對方,并應在事件發生后15天內將有關機構出具的不可抗力事件的證明寄交對方。如果不可抗力事件之影響超過120天,雙方應協商合同繼續履行或終止履行的事宜。

  FORCE MAJEURE: Seller shall not be responsible for failure or delay in performance of entire or portion of these Sale Contract obligations in consequence of Force Majeure incidents: flood, fire, earthquake, drought, war, or any other matters couldn’t be foreseen or controlled or couldn’t be avoided. But Seller shall inform the incidents to Buyer immediately, and shall delivery the certificate of Force Majeure incidents issued by related organization within 15 days after the incidents happened. If the incidents influence more than 120 days, both parties shall negotiate to decide whether to execute or terminate the Sales Contract.

  (20) 仲裁:因履行本合同所發生的一切爭議,雙方應友好協商解決,如協商仍不能解決爭議,則應將爭議提交中國國際經濟貿易仲裁委員會(北京),依據其仲裁規則仲裁。仲裁裁決是終局的,對雙方都有約束力。仲裁費應由敗訴一方承擔,但仲裁委員會另有裁定的除外。在仲裁期間,除仲裁部分之外的其他合同條款應繼續執行。

  ARBITRATION: All disputes across from the execution of, or in connection with this Sales Contract shall be settled friendly through negotiation, in case no settlement can be reached, the case shall then be submitted to China International Economic and

  Trade Arbitration Commission, Beijing for arbitration in accordance with its provisional rules of procedure. The result of arbitration shall be born by the losing party except for the condition the Commission has other judgment. During the arbitration period, clauses beside of the arbitrated parts shall be executed.

  (21) 本合同為中英文對應,一式兩份,買賣雙方各執一份;合同自賣方簽字蓋章、買方簽字后生效(傳真件以及掃描具有正版相等法律效應)。

  The Sales Contract is concluded in Chinese and English with same effectiveness, and will come into effect on stamp of Seller and signing by Buyer. The Sales Contract is in dual original and each party shall have one original copy of this Sales Contract. (Any scanned and faxed copy shall have the same legal effect as the original one.)

  (22) 備注:Remark:

  買方確認簽署: 賣方確認簽署:

2024英文合同 篇19

  Contract No.:________________________.

  Date of Signature:____________________.

  Place of Signature:____________________.

  This Contract is made and entered into through friendly negotiation by and between China____________________ (hereinafter referred to as “Client”), as one party, and____________________ (hereinafter referred to as“Consultant”),as the other party, concerning the technical consultancy service of__________, under the following terms and conditions:

  Article 1 Contents of Technical Consultancy Service

  1.1 Whereas Client desires to obtain the technical consultancy service of from Consultant and Consultant has agreed to perform such services.

  1.2 The Scope of Technical Services is defined in Appendix 1.

  1.3 The Time Schedule for the Services is shown in Appendix 2.

  1.4 The Manning Schedule is described in Appendix 3.

  1.5 Consultant shall complete the Services within__________months from the Effective Date of this Contract and furnish the final technical service report, including drawings, designing documents, all kinds of standards and photos, within____months. Consultant shall keep aware, free of charge, Client of the latest development of similar projects and any progress made in order to improve the designing of the project.

  Article 2 Both Parties' Responsibility and Liability

  2.1 Client shall furnish to Consultant the pertinent data, technical service reports, maps and information available to him and shall give to Consultant the reasonable assistance necessary for carrying out of his duties. Particularly Client shall nominate a general representative who shall be available at reasonable time.

  2.2 Client shall assist Consultant with the responsible authorities for obtaining visas, work permits and other documents required by Consultant to enter the country and to have access to the Site of the Project. The above expenses shall be borne by Consultant.

  2.3 Consultant shall furnish a sufficient number of competent personnel to perform its obligation hereunder, in addition to those personnel specifically listed in Appendix 3. All personnel employed by Consultant in carrying out the work shall be exclusively Consultant's responsibility, and Consultant shall hold Client harmless from any claims of any kind by Consultant's personnel arising out of any acts by Consultant or its personnel in connection with the work performed hereunder.

  2.4 Consultant shall provide Client all the technical technical service reports and relevant documentation within the Scope of Technical Services and within the Time Schedule of the Time Schedule for the Services.

  2.5 Consultant shall assist Client'S personnel in his country in obtaining visas and in arranging lodgings. Hotel and boarding expenses shall be borne by Client. Consultant shall supply to Client'S personnel office space and necessary facilities as well as transportation.

  2.6 Consultant shall be responsible for and shall indemnify Client and his employee in respect of injury to person or damage to property occurring in connection with the services, to the extent that such damage or injury directly results from negligence of Consultant's personnel while engaged in activities under this Contract.Consultant shall be liable only to the work under this Contract.

  2.7 Any and all liability of Consultant with respect to this Contract shall be limited to the Total Contract Price received by Consultant for his profession services and shall terminate upon expiration of the warranty period set forth in Article 7.3.

  Article 3 Price and Payment

  3.1 The total contract price is__________(say __________________only) in________(currency). The breakdown prices of the above mentioned total contract price are as follows:

  Contract Price for Item 1: ______(say ____________only) in________ (currency); Contract Price for Item 2: ______(say ____________only) in________ (currency); Contract Price for Item 3: ______(say ____________only) in________ (currency); Contract Price for Item 4: ______(say ____________only) in________ (currency).

  3.2 The total contract price will include all the service and technology provided by Consultant. The total contract price shall be firm and fixed and shall not fluctuate with any inflation. The total contract price shall include all charges and expenses incurred by Consultant in performing his obligations both in his own country and in the People's Republic of China and includes the expenses incurred in sending the Technical Documentation to Client's office by all kinds of forms.

  In the event of Force Majeure as defined in the Contract, the total contract price shall be readjusted through friendly negotiations between the parties. If Client requires services not contemplated in the Scope of Services the parties shall friendly discuss an amendment to the

  total contract price. Any such amendment shall be in writing countersigned by both parties. This document shall then form integral part of the Contract.

  3.3 All payments to be made by Client to Consultant under the present Contract shall be made by telegraphic transfer. In case of any payment by Client, the payment shall be effected through__________in China to _________ for the account of Consultant.

  In consideration for the services provided by Consultant hereunder, Client shall effect the payment to Consultant in accordance with the following manner and percentage:

  3.3.1 _______ percent (________ %) of the total contract price, i.e._____________ (Say: ________ only), shall be paid by Client to Consultant within ________ (____) days after the client has received the following documents provided by Consultant and found them in order.

  A. One (1) original and two (2) duplicate copies of Consultant's government approval, or a written statement of the competent authorities or relevant agency of Consultant's country certifying that such document is not required;

  B. One (1) original and one (1) duplicate copy of Irrevocable Letter of Guarantee for advance payment issued by Consultant's Bank in favor of Client covering_______(Say:________ only), specimen of which is as per Appendix 4;

  C. Five (5) copies of profoma invoice covering the total contract price;

  D. Five (5) copies of manually signed commercial invoice indicating the amount to be paid;

  E. Two (2) copies of sight draft.

  The said shall be delivered by Consultant not later than ____days after the effective date of the ________present Contract.

  3.3.2 ________percent (____%) of the Contract price for Item 1, i.e._________ (Say: __________ only) shall be paid by Client to Consultant within _____ (__) days after Consultant has received the following documents provided by Consultant and found them in order.

  A. Ten (10) copies of technical service report on Item 1;

  B. Five (5) copies of manually signed commercial invoice indicating the amount to be paid;

  C. Two (2) copies of sight draft.

  3.3.3 ________ percent (____%) of the Contract price for Item 2, i.e. ___________ (Say: ____________ only) shall be paid by Client to Consultant within ________ (___) days after Licensee has received the following documents provided by Consultant and found themin order.

  A. Ten (10) copies of technical service report on Item 1;

  B. Five (5) copies of manually signed commercial invoice indicating the amount to be paid;

  C. Two (2) copies of sight draft.

  3.3.4 ________percent (____%) of the Contract price for Item 3, i.e._________ (Say: __________ only) shall be paid by Client to Consultant within _____ (__) days after Consultant has received the following documents provided by Consultant and found them in order.

  A. Ten (10) copies of technical service report on Item 1;

  B. Five (5) copies of manually signed commercial invoice indicating the amount to be paid;

  C. Two (2) copies of sight draft.

  3.3.5 ________percent (____%) of the Contract price for Item 4, i.e._________ (Say: __________ only) shall be paid by Client to Consultant within _____ (__) days after Consultant has received the following documents provided by Consultant and found them in order.

  A. Ten (10) copies of technical service report on Item 1;

  B. Five (5) copies of manually signed commercial invoice indicating the amount to be paid;

  C. Two (2) copies of sight draft.

  3.3.6 ________percent (____%) of the Total Contract price , i.e._________ (Say: __________ only) shall be paid by Client to Consultant within _____ (__) days after Consultant has received the following documents provided by Consultant and found them in order.

  A. Five (5) copies of manually signed commercial invoice indicating the amount to be paid;

  B. Two (2) copies of sight draft.

  3.4 In case Consultant is liable for paying to Client the penalty under the Contract, Client shall have the right to deduct it from any said payment.

  3.5 The banking charges of both parties incurred in China for the execution of the Contract shall be borne by Client and those incurred outside China shall be borne by Consultant.

  Article 4 Delivery Schedule

  4.1 The deadline for the arrival of the Technical service reports CIF _____ are:

  A. Technical service report on Item 1 : _________months after effectiveness of the Contract;

  B. Technical service report on Item 2 : _________months after effectiveness of the Contract;

  C. Technical service report on Item 3 : _________months after effectiveness of the Contract;

  D. Technical service report on Item 4 : ________months after effectiveness of the Contract.

  4.2 Consultant will inform Client by Fax when the Technical service reports are airmailed to Client indicating the date and number of airway bill. Client will inform Consultant when the Technical service reports have been received.

  4.3 Should any document be missing or damaged during the transport Consultant shall be notified accordingly and within two (2) weeks the missing or damaged document shall be replaced by Consultant free of charge.

  Article 5 Confidentiality

  5.1 All data assembled, developed, compiled, reproduced, studied, and prepared in connection with the work done hereunder and furnished to Consultant by Client shall be considered confidential and shall not be divulged to any person, firm or corporation other than Client or its designated representatives. This Clause shall remain binding on Consultant notwithstanding the termination of the Contract for any reason.

  5.2 Within the validity period of Contract, Both parties shall take proper measures to keep the materials or information strictly confidential. The other party shall not disclose or divulge to any third party without prior written consent of one party.

  5.3 Either party shall be obliged to keep confidential any secret information of the other party which either party and its personnel may obtain or be accessible to in the course of the performance of Contract. Either party shall not make use of or disclose such secret information obtained from the other party without prior written permission issued by the other party.

  Article 6 Taxes and Duties

  6.1 All taxes and duties in connection with and in the execution of Contract levied by the Chinese government on Client in accordance with the tax laws of PRC shall be borne by Client.

  6.2 All taxes and duties levied by the Chinese government on Consultant, in connection with and in the execution of Contract, according to Chinese tax laws and the agreement between the government of PRC and the government of Consultant's country for the reciprocal avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income shall be borne by Consultant.

  Client is legally obliged to withhold, as a withholding agent, the amount of taxes pro rata each taxable payment under Contract and pay them to the relevant Chinese tax authorities. After receiving the tax receipts issued by the relevant Chinese tax authorities for the aforesaid withholding taxes, Client shall forward them to Consultant without undue delay.

  6.3 All taxes and duties arising outside PRC in connection with and in the execution of Contract shall be borne by Consultant.

  Article 7 Warranty

  7.1 Consultant warrants that he has the experience and capability to efficiently and expeditiously perform the services in a satisfactory manner and that the services performed by him under this Contract shall be performed by competent personnel in accordance with accepted standards.

  7.2 In the event of a failure of Consultant to provide to Client satisfactory services within the scope of work described in Appendix at any time for any reason within the control of the Consultant, Client may notify Consultant of such dissatisfaction. Consultant shall be afforded a period of days to correct or remedy the matter. Should Consultant within the time afforded by Client fail to correct or remedy the matter to the satisfaction of Client, all charges shall cease forthwith until such time as Consultant is able to provide satisfactory services in accordance with the Scope of work described in Appendix.

  7.3 Consultant guarantees to Client that he shall, after receipt of notice from Client, promptly correct at no cost any errors in the services arising out of the negligent performance thereof.

  Article 8 Ownership of Technical Service Reports

  8.1 Final version of the technical service report submitted to Client and all relevant data such as maps, plans and supporting material compiled in performing the Scope of Services, shall be the property of Client. Such materials shall be sorted and indexed by Consultant prior to transmission to Client.

  8.2 Consultant shall be permitted to retain copies thereof, provided however that such materials, including the material furnished by Client as stated in Article 5 of this Contract, shall not be used by Consultant for purposes not related with this Project without the prior written approval of Client.

  Article 9 Assignment

  9.1 Neither Client nor Consultant shall assign or sublet their rights or obligations hereunder without the prior written consent of the other party.

  Article 10 Termination

  10.1 If, due to the responsibility of Consultant, the technical service reports have not been delivered at dates according to the delivery schedules as stipulated in Article 4 of the Contract, Consultant shall be obliged to pay to Client penalty for such delay in delivery at the following rates:

  A. ______ percent (____%) of the total contract price per week for the first four weeks;

  B. _____ percent (____%) of the total contract price per week from the fifth week to the eighth week;

  C. ______ percent (____%) of the total contract price per week from the ninth week of delay.

  Odd days less than one (1) week shall be counted as one (1) week for calculating the liquidated damage.

  10.2 The total liquidated damage for late delivery shall not exceed ______ percent (____%) of the total contract price. Payment of the liquidated damage for late delivery shall not release

  Consultant from its obligation to deliver technical service reports.

  10.3 Client may, without prejudice to any other remedy for Consultant's following breach of Contract, terminate Contract in whole or in part by a written notice of default send to Consultant, if Consultant

  A. Fails to deliver any or all of technical service reports within______(____) days after the scheduled delivery date as specified in Article 1; or

  B. Fails to make the technical service reports meet the minimum level of Acceptance Standards as specified in Appendix 1.

  Consultant shall refund to Client all the payments effected by Client to Consultant plus an interest at the rate of______ percent (____%) per annum in case of such a termination.

  10.4 Either party may, without prejudice to any other remedy, terminate Contract in whole or in part by a written notice send to the other party, if the other party.

  A. fails to perform its confidentiality obligation under Contract; or

  B. fails to perform any other obligations under Contract except minor parts thereof, and does not remedy for its failure within a period of______ (____) days upon receipt of the written notice or a period agreed upon between the parties; or

  C. becomes bankrupt or insolvent; or

  D.Affected by any event of Force Majeure for more than ______ days.

  Article 11 Force Majeure

  11.1 Should either party be prevented from performing any of its obligations under Contract due to event of Force Majeure, such as war, serious fire, typhoon, earthquake, flood and any other events which could not be expected, avoided and overcome, the affected party shall notify the other party of its occurrence by fax and send by registered airmail a certificate issued by the competent authorities or agency within fourteen (14) days following its occurrence.

  11.2 The affected party shall not be liable for any delay or failure in performing any or all of its obligations due to the event of Force Majeure. However, the affected party shall inform the other party by fax the termination or elimination of the event of Force Majeure without delay.

  11.3 Both parties shall proceed with their obligations immediately after the cease of the event of Force Majeure or removal of the effects. The validity period of Contract and/or the scheduled period for relative execution of Contract shall be extended correspondingly.

  Article 12 Arbitration

  12.1 Any dispute arising from or in connection with this Contract shall be submitted to China International Economic and Trade Arbitration Commission,Shenzhen Commission for arbitration in accordance with the Commission's arbitration rules in effect at the time of applying for arbitration. The arbitral award is final and binding upon both parties and the applicable law is the material law of P.R.C.

  12.2 Notwithstanding any reference to arbitration, both Parties shall continue to perform their respective obligations under the Contract unless otherwise agreed.

  Article 13 Language and Standards

  13.1 Correspondance except this Contract between Client and Consultant, data and documents made available by Client to Consultant and the technical service reports and drawings prepared by Consultant shall be in the English language.

  13.2 Measures shall be written in the metric system.

  Article 14 Governing Law

  14.1 The construction, validity and performance of this Contract shall be governed by the laws of the People's Republic of China.

  Chapter 15 Effectiveness of the Contract and Miscellaneous

  15.1 Both parties shall make effort to obtain the approval from the respective authorities, if necessary, within thirty (30) days after Contract is signed by the authorized representatives of the two parties. Either Party shall notify in writing the other party of the approval date. The later date of approval shall be taken as the Date of Effectiveness of Contract.

  15.2 Contract shall be valid and remain in force for_______(____) years from the Date of Effectiveness.

  15.3 The outstanding credit and debt between the parties under Contract shall not be affected upon the termination or expiration of Contract.

  15.4 Appendices hereof shall be integral parts of Contract and have the same legal force as the text of Contract itself. The text of Contract shall prevail in case of any discrepancies between the text of Contract and Appendices.

  15.5 All amendments, supplements, subtractions, or alterations to Contract shall be made in writ

2024英文合同 篇20

  出口合同

  Sales Contract

  編 號:

  No. :

  簽約地點:

  Signed at:

  日 期:

  Date:

  賣方:

  Seller:

  地址:

  Address :

  電話:

  Tel:

  傳真:

  Fax:

  電子郵箱:

  E-mail:

  買方:

  Buyer:

  地址:

  Address:

  電話:

  Tel:

  傳真:

  Fax:

  電子郵箱:

  E-mail:

  買賣雙方經協商同意按下列條款成交:

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

  1. 貨物名稱、規格和質量

  1. Name, Specifications and Quality of Commodity:

  2. 數量

  2. Quantity:

  3. 單價及價格條款

  3. Unit Price and Terms of Delivery:

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

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

  4. 總價

  4. Total Amount:

  5. 允許溢短裝

  5. More or Less:___%。

  6. 裝運期限

  6. Time of Shipment:

  收到可以轉船及分批裝運之信用證___天內裝運。

  Within _____ days after receipt of L/C allowing transhipment and partial shipment.

  7. 付款條件

  7. Terms of Payment:

  買方須于____ 前將保兌的、不可撤銷的、可轉讓的、可分割的即期付款信用證開到賣方,該信用證的有效期延至裝運期后_____天在中國到期,并必須注明允許分批裝運和轉船。

  By Confirmed, Irrevocable, Transferable and Divisible L/C to be available by sight draft to reach the Seller before ______ and to remain valid for negotiation in China until ______after the Time of Shipment. The L/C must specify that transshipment and partial shipments are allowed.

  買方未在規定的時間內開出信用證,賣方有權發出通知取消本合同,或接受買方對本合同未執行的全部或部份,或對因此遭受的損失提出索賠。

  The Buyer shall establish a Letter of Credit before the above-stipulated time, failing which, the Seller shall have the right to rescind this Contract upon the arrival of the notice at Buyer or to accept whole or part of this Contract non fulfilled by the Buyer, or to lodge a claim for the direct losses sustained, if any.

  8. 包裝

  8. Packing:

  9. 保險

  9. Insurance:

  按發票金額的___%投保_____險,由____負責投保。

  Covering _____ Risks for______110% of Invoice Value to be effected by the ____________.

  10. 品質/數量異議

  10. Quality/Quantity discrepancy:

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

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

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

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

  12. 爭議的解決

  12. Dispute Resolution:

  凡因本合同引起的或與本合同有關的任何爭議,均應提交中國國際經濟貿易仲裁委員會,按照申請仲裁時該會現行有效的仲裁規則在南京進行仲裁。仲裁裁決是終局的`,對雙方均有約束力。

  Any dispute arising from or in connection with this Contract shall be submitted to China International Economic and Trade Arbitration Commission for arbitration which shall be trialed in Nanjing and conducted in accordance with the Commission’s arbitration rules in effect at the time of applying for arbitration. The arbitral award is final and binding upon both parties.

  13. 通知:

  13. Notices:

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

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

  14. 本合同為中英文兩種文本,兩種文本具有同等效力。本合同一式 _____ 份。自雙方簽字(蓋章)之日起生效。

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

  賣方簽字:買方簽字:

  The Seller: The Buyer:

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