《英文合同用语》word版 本文关键词:英文,用语,合同,word
《英文合同用语》word版 本文简介:关于英文合同(转)来源:郑旭江的日志合同条款常用英文词汇买方buyer卖方seller项目名称Projectname地址address电话phone传真fax联系人contactperson本合同由买卖双方签订,根据本合同条款,买方同意购买,卖方同意出售以下产品。Thiscontractismade
《英文合同用语》word版 本文内容:
关于英文合同(转)来源:
郑旭江的日志
合同条款常用英文词汇
买方
buyer
卖方
seller
项目名称
Project
name
地址
address
电话
phone
传真
fax
联系人
contact
person
本合同由买卖双方签订,根据本合同条款,买方同意购买,卖方同意出售以下产品。
This
contract
is
made
by
and
between
the
buyers
and
sellers,whereby
the
buyers
agree
to
buy
and
the
sellers
agree
to
sell
the
under-mentioned.
Commodities
according
to
the
terms
and
conditions
stipulated
below.
1.
详细货物清单
Detail
supply
list
2.
合同价格
Contract
value
序号
item
型号
model
尺寸
size,dimension
数量
amount,unit
单价
unit
price
总价
total
price
备注
remark
货物,运费
freight,transportation
合同总额(含安装费与税金)
Contract
amount
incl.
VAT
installation
3.
付款条件
payment
conditions,payment
terms
4.
交货地点
delivery
place
5.
发货期
delivery
time
6.
安装条款
installation
clause
7.
验收条款
inspection
clause
8.
保证条款
guarantee
clause
9.
不可抗拒条款
Force
Majeure
Clause
10.
违约条款
Breach
clause
11.
其他条款
Miscellaneous
clause
12.
买卖双方信息
buyer
and
seller
information
此合同一式二份,由双方各持一正本。This
contract
is
made
in
two
originals
that
should
be
held
by
each
party.
涉外合同格式
涉外合同按繁简不同,尽管可以采取不同书面形式,如正式合同(Contract)、协议书(Agreement)、确认书(Confirmation)、备忘录(Memorandum)、订单(Order)等等,但是一般都包含如下几个部分:
一、合同名称(Title)
二、前文(Preamble)
1.
订约日期和地点
Date
and
place
of
signing
2.
合同当事人及其国籍、主营业所或住所
Signing
parties
and
their
nationalities,principal
place
of
business
or
residence
addresses
3.
当事人合法依据
Each
party
s
authority,比如,该公司是“按当地法律正式组织而存在的”(a
corporation
duly
organized
and
existing
under
the
laws
of
XXX)
4.
订约缘由/说明条款
Recitals
or
WHEREAS
clause
三、本文(Body)
1.
定义条款(Definition
clause)
2.
基本条款(Basic
conditions)
3.
一般条款(General
terms
and
conditions)
a.
合同有效期(Duration)
b.
合同的终止(Termination)
c.
不可抗力(Force
Majeure)
d.
合同的让与(Assignment)
e.
仲裁(Arbitration)
f.
适用的法律(Governing
law)
g.
诉讼管辖(Jurisdiction)
h.
通知手续(Notice)
i.
合同修改(Amendment)
j.
其它(Others)
四、结尾条款(WITNESS
clause)
1.
结尾语,包括份数、使用的文字和效力等(Concluding
sentence)
2.
签名(Signature)
3.
盖印(Seal)
以上的格式和内容并非一成不变,当事人可以根据各自交易情况做出调整或增删。
合同范本
销售代理合同
Sales
Agency
Agreement
合同号:
NO:
日期:
Date:
为在平等互利的基础上发展贸易,有关方按下列条件签订本协议:
This
Agreement
is
entered
into
between
the
parties
concerned
on
the
basis
of
equality
and
mutual
benefit
to
develop
business
on
terms
and
conditions
mutually
agreed
upon
as
follows:
1.
订约人
Contracting
Parties
供货人(以下称甲方):
销售代理人(以下称乙方):
甲方委托乙方为销售代理人,推销下列商品。
Supplier:
(hereinafter
called
“party
A“)
Agent:(hereinafter
called
“party
B“)
Party
A
hereby
appoint
Party
B
to
act
as
his
selling
agent
to
sell
the
commodity
mentioned
below.
2.
商品名称及数量或金额
Commodity
and
Quantity
or
Amount
双方约定,乙方在协议有效期内,
销售不少于**的商品。
It
is
mutually
agreed
that
Party
B
shall
undertake
to
sell
not
less
than……
of
the
aforesaid
commodity
in
the
duration
of
this
Agreement.
3.
经销地区
Territory
只限在……。
In
……
only.
4.
订单的确认
Confirmation
of
Orders
本协议所规定商品的数量、价格及装运条件等,应在每笔交易中确认,其细目应在双方签订的销售协议书中作出规定。
The
quantities,prices
and
shipments
of
the
commodities
stated
in
this
Agreement
shall
be
confirmed
in
each
transaction,the
particulars
of
which
are
to
be
specified
in
the
Sales
Confirmation
signed
by
the
two
parties
hereto.
5.
付款
Payment
订单确认之后,乙方须按照有关确认书所规定的时间开立以甲方为受益人的保兑的、不可撤销的即期信用证。乙方开出信用证后,应立即通知甲方,以便甲方准备交货。
After
confirmation
of
the
order,Party
B
shall
arrange
to
open
a
confirmed,irrevocable
L/C
available
by
draft
at
sight
in
favour
of
Party
A
within
the
time
stipulated
in
the
relevant
S/C.
Party
B
shall
also
notify
Party
A
immediately
after
L/C
is
opened
so
that
Party
A
can
get
prepared
for
delivery.
6.
佣金
Commission
在本协议期满时,若乙方完成了第二款所规定的数额,甲方应按装运货物所收到的发票累计总金额付给乙方*%的佣金。
Upon
the
expiration
of
the
Agreement
and
Party
B
s
fullfilment
of
the
total
turnover
mentioned
in
Article
2,Party
A
shall
pay
to
Party
B……
%
commission
on
the
basis
of
the
aggregate
amount
of
the
invoice
value
against
the
shipments
effected.
7.
市场情况报告
Reports
on
Market
Conditions
乙方每3个月向甲方提供一次有关当时市场情况和用户意见的详细报告。同时,乙方应随时向甲方提供其他供应商的类似商品样品及其价格、销售情况和广告资料。
Party
B
shall
forward
once
every
three
months
to
party
A
detailed
reports
on
current
market
conditions
and
of
consumers
comments.
Meanwhile,Party
B
shall,from
time
to
time,send
to
party
A
samples
of
similar
commodities
offered
by
other
suppliers,together
with
their
prices,sales
information
and
advertising
materials.
8.
宣传广告费用
Advertising
2.
This
contract
and
the
appendices
have
been
effective;
3.
The
Borrower
has
provided
the
recognition
of
the
investment
or
certificate
of
the
investment
to
the
Lender;
4.
The
Borrower
has
provided
the
board
resolution
and
power
of
attorney
regarding
this
loan
contract;
5.
The
Borrower
has
provided
the
list
and
the
signature
sample
of
the
authorized
person
who
empower
to
sign
this
contract
and
documents;
6.
The
Guaranty
under
this
contract
has
been
effective;
7.
The
Borrower
has
been
satisfied
the
warrants
under
Article
11
of
this
contract;
8.
The
other
requirement
for
the
draw-down
have
been
satisfied.
ARTICLE
8
REPAYMENT
PLAN
AND
PREPAYMENT
1.
The
Borrower
shall
repay
the
loan
in
accordance
with
the
status
of
its
cash.
The
Borrower
shall
inform
the
Lender
the
payment
amount
and
date
[***]
prior
to
make
the
payment.
The
Borrower
shall
be
obliged
to
repay
the
principal
and
related
interests
on
due
date
without
any
condition.
2.
The
payment
made
by
the
Borrower
and
the
deduction
from
the
account
of
the
Borrower
shall
be
used
for
repaying
the
interest
at
first
and
then
for
repaying
the
principal.
3.
In
the
event
the
Borrower
fails
to
repay
the
loan,the
Lender
shall
have
rights
to
deduct
the
debt
from
the
bank
account
of
the
Borrower
at
the
Lender
or
empower
the
branches
of
the
Lender
to
deduct
the
debt
from
the
bank
account
of
the
Borrower
at
the
Lenders
branches;
4.
The
installment
of
repayment
shall
not
less
than
1
million.
ARTICLE
9
DEBT
CERTIFICATE
The
Lender
shall
keep
record
in
the
Lenders
account
for
the
principal,interests
and
fees
and
other
fees
of
the
Borrower
under
this
contract;
The
above
mentioned
record
and
the
documentation
for
the
draw-down,repayment
and
payment
of
interest
is
the
certificates
of
the
debts
between
the
Borrower
and
the
Lender.
ARTICLE
10
GUARANTY
1.
(the
“Guarantor“)
shall
be
the
guarantor
for
the
loan
under
this
contract
and
take
jointly
liabilities.
2.
During
the
term
of
this
contract,if
the
guarantors
financial
status
become
deteriorated
or
the
liabilities
for
repayment
of
debts
become
weak,the
Lender
shall
have
right
to
request
the
Borrower
changes
guarantor
or
provide
mortgage
and
pawn
secured
for
this
loan
under
this
contract.
ARTICLE
11
REPRESENTATIONS
AND
WARRANTIES
I.
The
Borrowers
represents
and
warrants
as
follows:
1.
The
Borrower
is
a
company
duly
organized
and
validly
existing
under
the
law
of
the
Peoples
Republic
of
China
and
has
the
power
and
authority
to
own
its
property
to
consummate
the
transactions
contemplated
in
this
contract
and
join
the
litigation.
The
Borrower
has
the
power
to
handle
it
assets
used
in
operation.
2.
The
Borrower
is
at
its
option
to
sign
and
perform
this
contract.It
is
the
Borrowers
true
meaning
and
has
the
power
to
sign
this
contract
and
it
is
not
breach
it
article
of
association
or
regulations
or
contracts.
The
procedure
for
signature
and
performance
of
this
contract
has
been
gone
through
and
fully
effectiveness.
3.
The
all
documents,materials,reports
and
certificates
provided
to
the
Lender
by
the
borrower
for
consummation
of
this
contract
is
true,real,compete
and
effective
4.
The
Borrower
shall
not
conceal
the
following
events
which
is
being
happened
or
have
been
happened
which
will
cause
the
Lender
refuse
to
extend
the
loan:
(1)
The
Borrower
or
the
principal
executives
of
the
Borrower
involve
in
material
events
which
breach
regulations,laws
or
compensation
to
others;
(2)
Pending
actions
and
arbitration;
(3)
The
Borrowers
debts
or
proposed
debts
or
liens
and
other
encumbrances;
(4)
The
other
matters
will
impact
the
financial
status
or
abilities
of
repayment
for
the
debts;
(5)
The
Borrower
breached
contract
which
is
between
the
Borrower
and
other
creditors.
II.
The
Borrower
hereby
warrants
as
follows:
1.
Using
the
capital
of
the
loan
as
usage
set
forth
in
this
contract,the
Borrower
will
not
use
the
loan
as
Equity
investment;
The
Borrower
will
not
use
the
capital
of
the
loan
invest
in
security,future,real
estate
etc.
The
Borrower
will
not
lend
to
the
others
privately
or
involving
other
maters
which
is
prohibited
by
the
country.
The
Borrower
will
not
misusing
or
appropriation
of
the
loan.
2.
Making
payment
and
related
expenses
in
accordance
with
the
provisions
set
forth
in
this
contract;
3.
Providing
updated
financial
statement
or
financial
bulletin
every
quarter;
Providing
the
audited
financial
report
at
the
first
quart
of
each
year;
Providing
operation
report,financial
report
or
other
files
and
materials
and
shall
warrant
the
reality,correct
and
effectiveness
for
the
files
and
materials;
4.
Any
anti-guaranty
or
other
similar
documents
will
not
make
any
impact
on
the
rights
and
benefits
of
the
Lenders;
5.
Accepting
the
supervision
of
the
Lender,provides
assistance
and
cooperation
for
the
Lenders
supervisions;
6.
Will
not
reduce
the
registration
capital;
Prior
approval
from
the
lender
shall
be
required
when
the
Borrower
changes
of
shareholders
and
operation
manner(including
but
not
limited
to
joint
venture,cooperation,jointly
cooperation;
dissolution,closedown,liquidation,transformation;
merger;
change
to
share
company,use
the
housing,machinery
or
other
real
assets
or
trademark,intellectual
property,Knowhow,landing
using
rights
or
other
intangible
assets
to
invest
in
share
company
or
investment
company,trading
of
operation
right
or
own
right
by
contracting,joint
operation,trusteeship)
7.
The
Borrower
shall
inform
the
Lender
and
warrants
the
liability
under
its
security
will
not
more
than
net
assets
of
the
Borrower
when
the
Borrower
guarantee
for
other
party
or
mortgage
its
assets.
The
Borrower
warrants
that
will
not
dispose
the
assets
which
will
make
adverse
impact
on
its
ability
of
paying
debts.
8.
The
Borrower
will
not
pay
the
other
similar
loans
prior
to
the
Lender;
9.
The
Borrower
warrants
to
inform
the
Lender
immediately
when
the
following
events
occurred:
(1)
The
event
of
breach
of
contract
under
this
contract
or
other
loan
or
guaranty
contracts
between
the
Borrower
and
any
branches
of
Bank
of
China
or
other
banks,non-bank
financial
organization;
(2)
The
Borrower
changes
shareholders
or
revise
the
article
of
association;
(3)
The
Borrower
suffer
difficulties
and
bad
result
in
financial
and
operation;
(4)
The
Borrower
involves
in
material
actions
or
arbitration;
10.
The
Borrower
shall
keep
sufficient
balance
for
repayment
prior
[***]
to
the
due
date.
11.
The
Borrower
shall
keep
its
bank
transactions
regarding
income
collection,sell
foreign
currency
or
buy
foreign
currency
ect.
Shall
be
conducted
at
the
Lender
or
other
branches
of
the
Lender.
The
turn-over
for
the
capital
shall
satisfy
the
demand
of
the
Lender;
III.
The
Borrowers
representations
and
warrants
hereunder
this
contract
shall
be
effective
even
though
any
mendment,supplements
or
revised
to
be
made
to
this
contract.
ARTICLE
12
REPRESENTATIONS
AND
WARRANTS
OF
THE
LENDER
I.
The
Lender
represents
and
warrants
as
follows:
1.
The
Lender
is
a
state-owned
commercial
bank
or
branch
duly
organized
and
validly
existing
under
the
law
of
P.R.C
and
approved
by
the
Industry
and
Commercial
Administration
and
holds
the
financial
institutions
legal
person
licenses
and
financial
institutions
operation
license
to
be
qualified
to
operate
financial
business.
2.
The
Lender
has
taken
all
necessary
action
to
authorize
the
execution
of
this
contract
and
performance
of
its
obligations
under
this
contract.
The
Lender
is
duly
authorized
to
extend
this
loan.
II.
The
Lender
warrants
as
follows:
1.
The
Lender
shall
extend
the
loan
in
accordance
with
the
provisions
set
forth
in
this
Contract.
2.
Collect
interests
in
accordance
with
the
regulations
of
the
Peoples
Bank.
ARTICLE
13
EVENTS
OF
BREACH
CONTRACT
AND
SETTLEMENT:
I.
Settlement
of
the
Borrower
breach
of
contract
1.
Event
of
breach
of
contract:
(1)
The
Borrower
fails
to
use
the
loan
in
accordance
with
the
agreed
usage
of
the
Loan;
(2)
The
Borrower
fails
to
repay
the
due
principal
and
pay
the
interests,expenses
or
other
payable
in
accordance
with
the
agreed
term
of
this
contract;
(3)
The
Borrower
breaches
the
representation
and
warrants
set
forth
in
Article
11.
(4)
The
Borrower
breaches
other
loan
agreements
or
guaranty
agreements
or
the
Guarantor
breach
the
guaranty
agreement
which
may
make
impact
the
Borrower
to
perform
the
obligations
under
this
contract.
(5)
Conclusive
evidence
to
show
that
the
Borrower
lose
the
capacity
of
credit
or
during
performance
of
the
obligation
under
this
contract,the
financial
conditions
of
the
Guarantor
are
seriously
deteriorating
or
other
reasons
caused
the
Guarantor
the
capacity
of
credit
decline.
(6)
The
Borrower
breaches
the
other
obligations
under
this
contract.
2.
Under
the
above
circumstances,the
Lender
shall
have
right
to:
(1)
Request
the
Borrower
to
rectify
within
the
period
designed
by
the
Lender;
(2)
Cease
in
extending
the
loan
or
cancel
the
credit;
(3)
Declare
the
loan
under
this
contract
is
due
and
the
Lender
shall
have
right
to
deduct
the
outstanding
amount
from
the
account
of
the
Borrower.
The
Borrower
shall
not
appeal
against
the
Lender.
(4)
Declare
the
loan
is
due
under
other
loan
agreements