英文合同模板10篇
在人民愈發(fā)重視法律的社會(huì)中,合同起到的作用越來越大,正常情況下,簽訂合同必須經(jīng)過規(guī)定的方式。那么正式、規(guī)范的合同是什么樣的呢?下面是小編為大家整理的英文合同10篇,僅供參考,大家一起來看看吧。
英文合同 篇1
Advertising Agency Agreement/廣告代理協(xié)議
This Advertising Agency Agreement(“Agreement”) is made and effective this
[Date], by and between[Advertiser](“Advertiser”) and [Agency](“Agency”). 此廣告代理協(xié)議(“協(xié)議”)從今[日]起由[廣告商](“廣告商”)和[代理商](“代理商”)之間簽訂并生效,
Agency is in the business of providing advertising agency services for a fee. 代理商從事提供廣告代理服務(wù)并收取費(fèi)用。
Advertiser desires to engage Agency to render, and Agency desires to render to Advertiser, certain advertising agency services, all as set forth.
廣告商欲雇用代理商提供服務(wù),并且代理商欲提供給廣告商某些廣告代理服務(wù),如下所示。
NOW, THERFORE, in consideration of the mutual agreements and covenants herein contained the parties hereto agree as follows:
因此,現(xiàn)在,考慮到在此包含的雙方約定和合同,雙方同意如下條款:
1.Engagement.
雇用
Advertiser engages Agency to render, and Agency agrees to render to
Advertiser, certain services in connection with Advertiser’s planning,
preparing and placing of advertising for certain of Advertiser’s products as follows:
廣告商啟用代理商提供,并且代理商同意提供給廣告商和廣告商的計(jì)劃,準(zhǔn)備和投放一些廣告商的產(chǎn)品的服務(wù),如下所示:
A. Analyze Advertiser’s current and proposed products and services and present and potential markets.
分析廣告商的目前和建議的產(chǎn)品和服務(wù),目前和潛在的市場(chǎng)。
B. Create, prepare and submit to Advertiser for its prior approval
advertising ideas and programs.
創(chuàng)立,準(zhǔn)備和提交給廣告商先前批準(zhǔn)的廣告理念和計(jì)劃。
C. Prepare and submit to Advertiser for its prior approval estimates of
costs and expenses associated with proposed advertising ideas and programs. 準(zhǔn)備和提交給廣告商與所建議的廣告理念和計(jì)劃的先前的批準(zhǔn)的預(yù)計(jì)成本和費(fèi)用。
D. Design and prepare, or arrange for the design and preparation of, advertisements.
設(shè)計(jì)和準(zhǔn)備,或安排廣告的設(shè)計(jì)和準(zhǔn)備。
E.Perform such other services as Advertiser may request from time to time such as, but not limited to , direct mail advertising preparation, speech writing, publicity and public relations work, market research and analysis.
進(jìn)行廣告商可能不時(shí)要求的其他服務(wù),例如,但不局限于,直接的郵寄廣告準(zhǔn)備,演講稿,宣傳和公共關(guān)系工作,市場(chǎng)研究和分析。
F.Order advertising space, time or other means to be used for publication of Advertiser’s advertisements, all time endeavoring to secure the most efficient and advantageous rates available.
預(yù)訂用于廣告商廣告發(fā)布的空間,時(shí)間或其它方式,一直努力獲得最有效的和最有利的費(fèi)率。
G. Proof for accuracy and completeness of ions, displays, broadcasts, or other forms of advertisements.
尋求精確性和完成廣告附加頁(yè),展示,廣播或其它形式的廣告。
H. Audit invoices for space, time, material preparation and charges. 審計(jì)空間,時(shí)間,材料準(zhǔn)備和費(fèi)用的發(fā)票。
2.Products
產(chǎn)品
Agency’s engagement shall relate to the following products and services of Advertiser: [Products]
代理商的啟用將與廣告商的下列產(chǎn)品和服務(wù)有關(guān)[產(chǎn)品]
3.Exclusivity.
獨(dú)家代理
Agency shall be the [Exclusive or Non-Exclusive] advertising agency in the United States for Adertiser with respect to the products described in Section 2 Above.
代理商將是關(guān)于上述第二部分廣告商在美國(guó)的[獨(dú)家代理或非獨(dú)家代理]廣告機(jī)構(gòu)。
4.Compensation.
賠償金
A. Agency shall receive an amount equal to [Media Commission Rate] of the gross charges levied by media for advertising placed therewith by Agency pursuant to this Agreement; and [Non-Media Commission Rate] after volume discount, of the charges of suppliers of services or properties, such as
finished art, comprehensive layouts, type composition, photostats, engravings, printing, radio and television programs, talent, literary, dramatic and musical works, records and exhibits, purchased by Agency on Advertiser’s
authorization during the term of this Agreement; provided that:
代理商將根據(jù)此協(xié)議獲得等同于[媒體傭金費(fèi)率]的由代理商投放廣告媒體所征收的總費(fèi)用;并且在總量折扣之后獲得等同于[非媒體傭金費(fèi)率]的供應(yīng)商的服務(wù)或財(cái)產(chǎn)的費(fèi)用,如藝術(shù)品,總體設(shè)計(jì),字體組合,福圖斯斯文文仄直接影印本,版畫,印刷,廣播和電視節(jié)目,人才,文學(xué)作品,戲劇和音樂作品,唱片和展覽,由代理商根據(jù)廣告商的授權(quán)在此協(xié)議期限內(nèi)購(gòu)買;只要:
(i) No percentage will be added to Agency charges for packing, shipping, express, postage, telephone, telex, fax, travel expenses and other out of pocket expenses of Agency personnel; and
沒有任何費(fèi)用加在代理商用于以下項(xiàng)目的費(fèi)用上:如包裝,運(yùn)輸,快遞,郵費(fèi),電話,電傳,傳真,旅行費(fèi)用和出于代理商人員的其它費(fèi)用;并且
(ii)Agency’s commisssion for outdoor advertising will be the standard rate allowed advertising agencies when such rate is less than
[Outdoor Advertising Commission Rate].
英文合同 篇2
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(jù)國(guó)家有關(guān)法律、法規(guī)和有關(guān)規(guī)定,甲、乙雙方在平等自愿的基礎(chǔ)上,經(jīng)友好協(xié)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(yè)地址 Location of the premises
甲方將其所有的位于上海市_________區(qū)____________________________________的房屋及其附屬設(shè)施在良好狀態(tài)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(yīng)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(shù)額:雙方商定租金為每月人民幣_(tái)____________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(fèi)由匯出方承擔(dān))。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(dòng)退租,構(gòu)成違約,甲方有權(quán)收回房屋,并追究乙方違約責(zé)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(shè)施之安全與完好,及租賃期內(nèi)相關(guān)費(fèi)用之如期結(jié)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(yīng)于租賃關(guān)系消除且乙方遷空、點(diǎn)清并付清所有應(yīng)付費(fèi)用后的當(dāng)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(guī)定而產(chǎn)生的違約金、損壞賠償金和其它相關(guān)費(fèi)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(nèi)補(bǔ)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(wù) Obligations of Party A
1. 甲方須按時(shí)將房屋及附屬設(shè)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.
英文合同 篇3
、 Party A ___________wishes to engage the service of Party B______________ as______________. The two parties, in a spirit of friendly cooperation, agree to sign this contract and pledge to fulfill conscientiously all the obligations stipulated in it.
、騎he period of service will be from the______day of______,20__ to the ______day of______,20__
Ⅲ The duties of Party B (see attached pages)
、 Party B's monthly salary will be ¥_______ yuan RMB,__ % of which can be converted into foreign currency monthly.
、 Party A's Obligations
1. Party A shall introduce to Party B the laws, decrees and relevant regulations enacted by the Chinese government, the Party A' work system and regulations concerning administration of foreign experts.
2. Party A shall conduct direction, supervision and evaluation of Party B's work.
3. Party A shall provide Party B with necessary working and living conditions.
4. Party A shall provide co-workers.
5. Party A shall pay Party B's salary regularly by the month.
、 Party B's obligations
1. Party B shall observe the laws, decrees and relevant regulations enacted by the Chinese government and shall not interfere in China's internal affairs.
2. Party B shall observe Party A's work system and regulations concerning administration of foreign experts and shall accept Party A's arrangement, direction, supervision and evaluation in regard to his/her work. Without Party A's consent, Party B shall not render service elsewhere or hold concurrently any post unrelated to the work agreed on with Party A.
3. Party B shall complete the tasks agreed on schedule and guarantee the quality of work.
4. Party B shall respect China's religious policy, and shall not conduct religious activities incompatible with the status of an expert.
5. Party B shall respect the Chinese people's moral standards and customs.
Ⅶ Revision, Cancellation and Termination of the Contract
1. Both parties should abide by the contract and should refrain from revising, canceling, or terminating the contract without mutual consent.
2. The contract can be revised, canceled, or terminated with mutual consent. Before both parties have reached an agreement, the contract should be strictly observed.
3. Party A has the right to cancel the contract with a written notice to Party B under the following conditions;
(1) Party B does not fulfill the contract or does not fulfill the contract obligations according to the terms stipulated, and has failed to amend after Party A has pointed it out.
(2) According to the doctor's diagnosis, Party B cannot resume normal work after a continued 30 day sick leave.
4. Party B has the right to cancel the contract with a written notice to party A under the following conditions:
(1) Party A has not provided Party B with necessary working and living conditions as stipulated in the contract.
(2) Party A has not paid Party B as scheduled.
、 Breach Penalty
When either of the two parties fails to fulfill the contract or fails to fulfill the contract obligations according to the terms stipulated, that is, breaks the contract, it must pay a breach penalty of US$500 to 2,000 (or the equivalent in RMB).
If Party B asks to cancel the contract due to events beyond control, it should produce certifications by the department concerned, obtain Party A's consent, and pay its own return expenses; If Party B cancels the contract without valid reason, it should pay its own return expenses and pay breach penalty to Party A. If Party A asks to cancel the contract due to events beyond control, with the consent of Party B, it should pay Party B's return expenses; if Party A cancels the contract without valid reason, it should pay Party B's return expenses and pay a breach penalty to Party B.
、 The appendix of this contract is an inseparable part of the contract and has equal effect
、 This contract takes effect on the date signed by both parties and will automatically expire when the contract ends. If either of the two parties asks for a new contract, it should forward its request to another party 90 days prior to the expiration of the contract, and sign the new contract with mutual consent. Party B shall bear all expenses incurred when staying on after the contract expires.
、 Arbitration
The two parties shall consult with each other and mediate any disputes which may arise about the contract. If all attempts fail, the two parties can appeal to the organization of arbitration for foreign experts affairs in the State Administration of Foreign Experts Affairs and ask for a final arbitration.
This Contract is signed at_____________ , in duplicate, this_____ day of _______,20__, in the Chinese and _______ languages ,both texts being equally authentic.
Party A Party B
(Signature) (Signature)
英文合同 篇4
Contract No.:________________________.
Date of Signature:____________________.
Place of Signature:____________________.
This Contract is made and entered into through friendly negotiation by and between China____________________ (hereinafter referred to as “Client”), as one party, and____________________ (hereinafter referred to as“Consultant”),as the other party, concerning the technical consultancy service of__________, under the following terms and conditions:
Article 1 Contents of Technical Consultancy Service
1.1 Whereas Client desires to obtain the technical consultancy service of from Consultant and Consultant has agreed to perform such services.
1.2 The Scope of Technical Services is defined in Appendix 1.
1.3 The Time Schedule for the Services is shown in Appendix 2.
1.4 The Manning Schedule is described in Appendix 3.
1.5 Consultant shall complete the Services within__________months from the Effective Date of this Contract and furnish the final technical service report, including drawings, designing documents, all kinds of standards and photos, within____months. Consultant shall keep aware, free of charge, Client of the latest development of similar projects and any progress made in order to improve the designing of the project.
Article 2 Both Parties' Responsibility and Liability
2.1 Client shall furnish to Consultant the pertinent data, technical service reports, maps and information available to him and shall give to Consultant the reasonable assistance necessary for carrying out of his duties. Particularly Client shall nominate a general representative who shall be available at reasonable time.
2.2 Client shall assist Consultant with the responsible authorities for obtaining visas, work permits and other documents required by Consultant to enter the country and to have access to the Site of the Project. The above expenses shall be borne by Consultant.
2.3 Consultant shall furnish a sufficient number of competent personnel to perform its obligation hereunder, in addition to those personnel specifically listed in Appendix 3. All personnel employed by Consultant in carrying out the work shall be exclusively Consultant's responsibility, and Consultant shall hold Client harmless from any claims of any kind by Consultant's personnel arising out of any acts by Consultant or its personnel in connection with the work performed hereunder.
2.4 Consultant shall provide Client all the technical technical service reports and relevant documentation within the Scope of Technical Services and within the Time Schedule of the Time Schedule for the Services.
2.5 Consultant shall assist Client'S personnel in his country in obtaining visas and in arranging lodgings. Hotel and boarding expenses shall be borne by Client. Consultant shall supply to Client'S personnel office space and necessary facilities as well as transportation.
2.6 Consultant shall be responsible for and shall indemnify Client and his employee in respect of injury to person or damage to property occurring in connection with the services, to the extent that such damage or injury directly results from negligence of Consultant's personnel while engaged in activities under this Contract.Consultant shall be liable only to the work under this Contract.
2.7 Any and all liability of Consultant with respect to this Contract shall be limited to the Total Contract Price received by Consultant for his profession services and shall terminate upon expiration of the warranty period set forth in Article 7.3.
Article 3 Price and Payment
3.1 The total contract price is__________(say __________________only) in________(currency). The breakdown prices of the above mentioned total contract price are as follows:
Contract Price for Item 1: ______(say ____________only) in________ (currency); Contract Price for Item 2: ______(say ____________only) in________ (currency); Contract Price for Item 3: ______(say ____________only) in________ (currency); Contract Price for Item 4: ______(say ____________only) in________ (currency).
3.2 The total contract price will include all the service and technology provided by Consultant. The total contract price shall be firm and fixed and shall not fluctuate with any inflation. The total contract price shall include all charges and expenses incurred by Consultant in performing his obligations both in his own country and in the People's Republic of China and includes the expenses incurred in sending the Technical Documentation to Client's office by all kinds of forms.
In the event of Force Majeure as defined in the Contract, the total contract price shall be readjusted through friendly negotiations between the parties. If Client requires services not contemplated in the Scope of Services the parties shall friendly discuss an amendment to the
total contract price. Any such amendment shall be in writing countersigned by both parties. This document shall then form integral part of the Contract.
3.3 All payments to be made by Client to Consultant under the present Contract shall be made by telegraphic transfer. In case of any payment by Client, the payment shall be effected through__________in China to _________ for the account of Consultant.
In consideration for the services provided by Consultant hereunder, Client shall effect the payment to Consultant in accordance with the following manner and percentage:
3.3.1 _______ percent (________ %) of the total contract price, i.e._____________ (Say: ________ only), shall be paid by Client to Consultant within ________ (____) days after the client has received the following documents provided by Consultant and found them in order.
A. One (1) original and two (2) duplicate copies of Consultant's government approval, or a written statement of the competent authorities or relevant agency of Consultant's country certifying that such document is not required;
B. One (1) original and one (1) duplicate copy of Irrevocable Letter of Guarantee for advance payment issued by Consultant's Bank in favor of Client covering_______(Say:________ only), specimen of which is as per Appendix 4;
C. Five (5) copies of profoma invoice covering the total contract price;
D. Five (5) copies of manually signed commercial invoice indicating the amount to be paid;
E. Two (2) copies of sight draft.
The said shall be delivered by Consultant not later than ____days after the effective date of the ________present Contract.
3.3.2 ________percent (____%) of the Contract price for Item 1, i.e._________ (Say: __________ only) shall be paid by Client to Consultant within _____ (__) days after Consultant has received the following documents provided by Consultant and found them in order.
A. Ten (10) copies of technical service report on Item 1;
B. Five (5) copies of manually signed commercial invoice indicating the amount to be paid;
C. Two (2) copies of sight draft.
3.3.3 ________ percent (____%) of the Contract price for Item 2, i.e. ___________ (Say: ____________ only) shall be paid by Client to Consultant within ________ (___) days after Licensee has received the following documents provided by Consultant and found themin order.
A. Ten (10) copies of technical service report on Item 1;
B. Five (5) copies of manually signed commercial invoice indicating the amount to be paid;
C. Two (2) copies of sight draft.
3.3.4 ________percent (____%) of the Contract price for Item 3, i.e._________ (Say: __________ only) shall be paid by Client to Consultant within _____ (__) days after Consultant has received the following documents provided by Consultant and found them in order.
A. Ten (10) copies of technical service report on Item 1;
B. Five (5) copies of manually signed commercial invoice indicating the amount to be paid;
C. Two (2) copies of sight draft.
3.3.5 ________percent (____%) of the Contract price for Item 4, i.e._________ (Say: __________ only) shall be paid by Client to Consultant within _____ (__) days after Consultant has received the following documents provided by Consultant and found them in order.
A. Ten (10) copies of technical service report on Item 1;
B. Five (5) copies of manually signed commercial invoice indicating the amount to be paid;
C. Two (2) copies of sight draft.
3.3.6 ________percent (____%) of the Total Contract price , i.e._________ (Say: __________ only) shall be paid by Client to Consultant within _____ (__) days after Consultant has received the following documents provided by Consultant and found them in order.
A. Five (5) copies of manually signed commercial invoice indicating the amount to be paid;
B. Two (2) copies of sight draft.
3.4 In case Consultant is liable for paying to Client the penalty under the Contract, Client shall have the right to deduct it from any said payment.
3.5 The banking charges of both parties incurred in China for the execution of the Contract shall be borne by Client and those incurred outside China shall be borne by Consultant.
Article 4 Delivery Schedule
4.1 The deadline for the arrival of the Technical service reports CIF _____ are:
A. Technical service report on Item 1 : _________months after effectiveness of the Contract;
B. Technical service report on Item 2 : _________months after effectiveness of the Contract;
C. Technical service report on Item 3 : _________months after effectiveness of the Contract;
D. Technical service report on Item 4 : ________months after effectiveness of the Contract.
4.2 Consultant will inform Client by Fax when the Technical service reports are airmailed to Client indicating the date and number of airway bill. Client will inform Consultant when the Technical service reports have been received.
4.3 Should any document be missing or damaged during the transport Consultant shall be notified accordingly and within two (2) weeks the missing or damaged document shall be replaced by Consultant free of charge.
Article 5 Confidentiality
5.1 All data assembled, developed, compiled, reproduced, studied, and prepared in connection with the work done hereunder and furnished to Consultant by Client shall be considered confidential and shall not be divulged to any person, firm or corporation other than Client or its designated representatives. This Clause shall remain binding on Consultant notwithstanding the termination of the Contract for any reason.
5.2 Within the validity period of Contract, Both parties shall take proper measures to keep the materials or information strictly confidential. The other party shall not disclose or divulge to any third party without prior written consent of one party.
5.3 Either party shall be obliged to keep confidential any secret information of the other party which either party and its personnel may obtain or be accessible to in the course of the performance of Contract. Either party shall not make use of or disclose such secret information obtained from the other party without prior written permission issued by the other party.
Article 6 Taxes and Duties
6.1 All taxes and duties in connection with and in the execution of Contract levied by the Chinese government on Client in accordance with the tax laws of PRC shall be borne by Client.
6.2 All taxes and duties levied by the Chinese government on Consultant, in connection with and in the execution of Contract, according to Chinese tax laws and the agreement between the government of PRC and the government of Consultant's country for the reciprocal avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income shall be borne by Consultant.
Client is legally obliged to withhold, as a withholding agent, the amount of taxes pro rata each taxable payment under Contract and pay them to the relevant Chinese tax authorities. After receiving the tax receipts issued by the relevant Chinese tax authorities for the aforesaid withholding taxes, Client shall forward them to Consultant without undue delay.
6.3 All taxes and duties arising outside PRC in connection with and in the execution of Contract shall be borne by Consultant.
Article 7 Warranty
7.1 Consultant warrants that he has the experience and capability to efficiently and expeditiously perform the services in a satisfactory manner and that the services performed by him under this Contract shall be performed by competent personnel in accordance with accepted standards.
7.2 In the event of a failure of Consultant to provide to Client satisfactory services within the scope of work described in Appendix at any time for any reason within the control of the Consultant, Client may notify Consultant of such dissatisfaction. Consultant shall be afforded a period of days to correct or remedy the matter. Should Consultant within the time afforded by Client fail to correct or remedy the matter to the satisfaction of Client, all charges shall cease forthwith until such time as Consultant is able to provide satisfactory services in accordance with the Scope of work described in Appendix.
7.3 Consultant guarantees to Client that he shall, after receipt of notice from Client, promptly correct at no cost any errors in the services arising out of the negligent performance thereof.
Article 8 Ownership of Technical Service Reports
8.1 Final version of the technical service report submitted to Client and all relevant data such as maps, plans and supporting material compiled in performing the Scope of Services, shall be the property of Client. Such materials shall be sorted and indexed by Consultant prior to transmission to Client.
8.2 Consultant shall be permitted to retain copies thereof, provided however that such materials, including the material furnished by Client as stated in Article 5 of this Contract, shall not be used by Consultant for purposes not related with this Project without the prior written approval of Client.
Article 9 Assignment
9.1 Neither Client nor Consultant shall assign or sublet their rights or obligations hereunder without the prior written consent of the other party.
Article 10 Termination
10.1 If, due to the responsibility of Consultant, the technical service reports have not been delivered at dates according to the delivery schedules as stipulated in Article 4 of the Contract, Consultant shall be obliged to pay to Client penalty for such delay in delivery at the following rates:
A. ______ percent (____%) of the total contract price per week for the first four weeks;
B. _____ percent (____%) of the total contract price per week from the fifth week to the eighth week;
C. ______ percent (____%) of the total contract price per week from the ninth week of delay.
Odd days less than one (1) week shall be counted as one (1) week for calculating the liquidated damage.
10.2 The total liquidated damage for late delivery shall not exceed ______ percent (____%) of the total contract price. Payment of the liquidated damage for late delivery shall not release
Consultant from its obligation to deliver technical service reports.
10.3 Client may, without prejudice to any other remedy for Consultant's following breach of Contract, terminate Contract in whole or in part by a written notice of default send to Consultant, if Consultant
A. Fails to deliver any or all of technical service reports within______(____) days after the scheduled delivery date as specified in Article 1; or
B. Fails to make the technical service reports meet the minimum level of Acceptance Standards as specified in Appendix 1.
Consultant shall refund to Client all the payments effected by Client to Consultant plus an interest at the rate of______ percent (____%) per annum in case of such a termination.
10.4 Either party may, without prejudice to any other remedy, terminate Contract in whole or in part by a written notice send to the other party, if the other party.
A. fails to perform its confidentiality obligation under Contract; or
B. fails to perform any other obligations under Contract except minor parts thereof, and does not remedy for its failure within a period of______ (____) days upon receipt of the written notice or a period agreed upon between the parties; or
C. becomes bankrupt or insolvent; or
D.Affected by any event of Force Majeure for more than ______ days.
Article 11 Force Majeure
11.1 Should either party be prevented from performing any of its obligations under Contract due to event of Force Majeure, such as war, serious fire, typhoon, earthquake, flood and any other events which could not be expected, avoided and overcome, the affected party shall notify the other party of its occurrence by fax and send by registered airmail a certificate issued by the competent authorities or agency within fourteen (14) days following its occurrence.
11.2 The affected party shall not be liable for any delay or failure in performing any or all of its obligations due to the event of Force Majeure. However, the affected party shall inform the other party by fax the termination or elimination of the event of Force Majeure without delay.
11.3 Both parties shall proceed with their obligations immediately after the cease of the event of Force Majeure or removal of the effects. The validity period of Contract and/or the scheduled period for relative execution of Contract shall be extended correspondingly.
Article 12 Arbitration
12.1 Any dispute arising from or in connection with this Contract shall be submitted to China International Economic and Trade Arbitration Commission,Shenzhen Commission for arbitration in accordance with the Commission's arbitration rules in effect at the time of applying for arbitration. The arbitral award is final and binding upon both parties and the applicable law is the material law of P.R.C.
12.2 Notwithstanding any reference to arbitration, both Parties shall continue to perform their respective obligations under the Contract unless otherwise agreed.
Article 13 Language and Standards
13.1 Correspondance except this Contract between Client and Consultant, data and documents made available by Client to Consultant and the technical service reports and drawings prepared by Consultant shall be in the English language.
13.2 Measures shall be written in the metric system.
Article 14 Governing Law
14.1 The construction, validity and performance of this Contract shall be governed by the laws of the People's Republic of China.
Chapter 15 Effectiveness of the Contract and Miscellaneous
15.1 Both parties shall make effort to obtain the approval from the respective authorities, if necessary, within thirty (30) days after Contract is signed by the authorized representatives of the two parties. Either Party shall notify in writing the other party of the approval date. The later date of approval shall be taken as the Date of Effectiveness of Contract.
15.2 Contract shall be valid and remain in force for_______(____) years from the Date of Effectiveness.
15.3 The outstanding credit and debt between the parties under Contract shall not be affected upon the termination or expiration of Contract.
15.4 Appendices hereof shall be integral parts of Contract and have the same legal force as the text of Contract itself. The text of Contract shall prevail in case of any discrepancies between the text of Contract and Appendices.
15.5 All amendments, supplements, subtractions, or alterations to Contract shall be made in writ
英文合同 篇5
CONTRACT
КОНТРАКТ
No.( Нет.)
Company Name:
And (и)
Company Name:
signed this Contract as following:
подписали настоящий Договор о следующем:
1. THE SUBJECT OF THE CONTRACT
Предмет контракта
1.1. The SELLER sells and the BUYER buys the following
Покупатель согласился купить, продавец согласен продать следующие продукты:
Место погрузки: КНР, г. Shenzhen
1.2 In case of discrepancies between the Chinese text, English text and Russia text of this contract , the English text shall prevail.
В случае расхождения, оригинальным признается вариант контракта на английском языке.
2. QUANTITY AND QUALITY
КОЛИЧЕСТВО И КАЧЕСТВО:
2.1. Quantity of the GOODS should supplied according to the Contract
Количество товара должно поставляться в соответствии с Договором
2.2. The BUYER and the SELLER bear the full responsibility for monitoring procedure of quality at mutual trust to each other.
The BUYER can send representative to SELLER’s warehouse to inspect the finished product.
The SELLER must control the product quality continuously. And the SELLER must keep paper record for some control process.
ПОКУПАТЕЛЬ и ПРОДАВЕЦ несут полную ответственность за проведение контроля качества при взаимном доверии друг к другу.
Покупатель может послать представителя для склада ПРОДАВЦА для проверки готовой продукции. Продавец обязан контролировать качество продукции непрерывно. И продавец должен держать бумаги запись в течение некоторого процесса управления.
2.3 Warranty time: within 18 months after buyer receipt of the goods
Время гарантированности: Все оборудование имеет заводскую гарантию 18 месяцев с момента получения оборудования покупателем.
3. BASIC TERMS OF DELIVERY OF GOODS
ОСНОВНЫЕ УСЛОВИЯ ПОСТАВКИ ТОВАРОВ
3.1 SELLER delivers the GOODS to the BUYER on terms of CIF , seaport Odessa, Ukraine, (According to the International terms Regulations, revision 20xx).
Продавец предоставляет товар в распоряжение покупателя на условиях CIF, морского порта Одесса, Украина, (В соответствии с Международными терминов Положения, пересмотр 20xx г.).
3.2 The delivery time is six months after received the down payment
Срок поставки через шесть месяцев после получил авансовый платеж
4. PRICE OF GOODS AND TOTAL AMOUNT OF THE CONTRACT
ЦЕНА ТОВАРОВ И ОБЩАЯ СУММА КОНТРАКТА
4.1 The price is fixed
цена фиксирована
4.1 The price for the GOODS is fixed in USD
Цена на товар фиксируется в долларах США
4.2 The total price of the contract is USD ,
Общая сумма контракта составляет: USD_____
4.3 Packing charges , international sea shipping and insurance costs are included.
Упаковка обвинения, международные морские перевозки и страхования затраты включаются.
5.TERMS OF PAYMENT AND DELIVERY
УСЛОВИЯ ОПЛАТЫ И ДОСТАВКА
5. 1 Down payment: 35% of total contract price paid by T/T. After receiving payment, the Seller starts producing equipment
Первый взнос: 35% от общей стоимости контракта оплачивается T / T. После получения предоплаты, Продавец начинает изготавливать оборудование
5.2 payment before delivery: 60% of total contract price paid by T/T. A After receiving payment, the Seller
shall deliver the equipments soon,
оплата до поставки: 60% от общей стоимости контракта оплачивается T / T. После получения
оплаты, Продавец поставляет оборудование в ближайшее время,
5.3Quality guarantee deposit: 5% of total contract price paid by T/T. After receipt of the equipment and check its packaging by the buyer within 7 days
качество гарантийный депозит: 5% от общей стоимости контракта оплачивается T / T. После
получении оборудования и проверки его комплектации Покупатель в течении 7 дней
6. PACKING AND MARKING
УПАКОВКА И МАРКИРОВКА
7. FORCE MAJEURE
ФОРС-МАЖОР
If the force majeure event occurs (War, civil strife, earthquakes, fires, floods, etc.)
The two sides could not foresee its occurrence, when the consequences of its impact on the contract, Disputing party needs to send the certificate documents to other party to prove the force majeure event occurs. The documents should send to other party within 10 days.This documents can avoid the responsibility.
Если происходит событие форс-мажор (Война, гражданские беспорядки, землетрясения, пожары, наводнения и т.д.)
Обе стороны не могли предвидеть его появление, когда последствия ее воздействия на договоре, оспаривая партию необходимо отправить сертификат документов другой стороне, чтобы доказать
происходит событие форс-мажорные обстоятельства. Документы должны отправить на другой стороной в течение 10 дней. Этот документ может избежать ответственности.
8. ARBITRATION
Арбитраж
All disputes arising from the execution of , or in connection with this contract, shall be settled amicably through friendly negotiation. In case no settlement can be reached through negotiation, the case shall then be submitted to The China International Economic and Trade Arbitration Commission, Beijing, China,for arbitration in accordance with its Rules of Arbitration.
9. OTHER CONDITIONS
другие условия
In all other respects, if any matter is agreed by both parties, the contract can make modify.
This contract is signed in two copies in English and Russian. Each party get one copy, each copy is legal Во всех других отношениях, если любой вопрос согласовывается обеими сторонами, договор может делать изменения.
10. BANK DETAILS
БАНКОВСКИЕ РЕКВИЗИТЫ
10.1 BUYER(Продавец):
10.2 SELLER(Продавец):
BANK INFORMATION(Реквизиты банка )
COMPANY NAME: Fuchun Ind Dev Co.,Ltd. Shenzhen
ADDRESS: 15E XINHAI BUILDING,NANSHAN AVENUE, NANSHAN DISTRICT, SHENZHEN 518052,CHINA
TEL: 86-755-26575526 FAX: 86-755-26575026
Bank A/C NO: 745859587561
Bank Name: SONG RI DING SHENG SUB-BRANCH, SHENZHEN BRANCH, BANK OF CHINA Address of Bank: Songridingsheng Building North, No 9996,Shennan Road,Yuehai Sub-District, Nanshan District, Shenzhen ,China
SWIFT CODE: BKCHCNBJ45A
11.SIGNATURE OF EACH PARTY
ПОДПИСЬ каждая сторона
英文合同 篇6
Contract No.:XXX
Sales and Purchase ContractFOR
Manganese Ore
This contract is made and entered into onXX, Feb 20xx under terms and conditions as per the international chamber of commerce-600 (ICC UCP-600/20xx revision) by and between:
The Buyer:
Address:
Tel:
The Seller :
Address:
Tel:
Whereby seller agrees to sell to buyer and Buyer agrees to buy from seller Manganese Ore under following the terms and conditions stipulated below:
Article 1 Commodity
Concentrated manganese Ore
Article 2 Specifications
Concentrated Manganese Ore
Size: 0-5mm (90% min)
% Mn min. 40.0%
% Fe max. 15.0%
% Silica ( SiO2 ) max. 1.0%
% Aluminum ( Al ) max. 4.0%
% S max. 0.20%
% P max. 0.10%
Moisture max. 7%
Article 3 Quantity:
500 MT, partial shipment not allowed.
Article 4 Origin and Port of loading
4.1 Republic of ABC
4.2 Loading port:
Article 5 Packing/Delivery
5.1 In50 kg sack
5.2 Incontainer Shipment, more or less 20 tons.
Article 6 Shipment/Delivery
6.1 500MT(+/-5%)partial shipment not allowed
6.2 Shipment will be 90 days after signing of this contract and after the acceptance of the Letter of Credit by seller’s bank. L/C will be openedafter BuyerreceivingProforma Invoice from Sellerwith confirmation of the delivery schedule.
6.3 The Buyer has the right to appoint the independent surveyor or his representative to conduct the Pre-shipment Inspection and/or conduct the joint-inspection of the material with buyer for his own account.
Article 7 Contracted Price and Values
Price:Mn: 48% and above - USD0.00/%/DMTCFRCY Port, China
40% - 47.9% - USD 0.00 /%/DMTCFRCY Port, China
The Mn content will be average of the joint-inspection testing result at loading port.
Article 8 Payment
8.1 Payment shall be effected in full by an irrevocable Letter of Credit, which will be opened by 1stclass bank in Hong Kong or Singapore, 100% at sight upon presentation of shipping documents.
A. Seller’s Banking Details:
Bank Name :
Bank Address :
Account Name :
S.W.I.F.T. CODE SWIFT :
B. Buyer’s bank issues L/C to the Seller's bank via S.W.I.F.T. wire transfer.
Buyer’s Banking Details:
Bank Name : (will be advised)
Bank Address :
Account Name:
S.W.I.F.T. Address SWIFT :
Article 10 Inspection of Analysis & Weight
The shipmentinspection and analysis shall be done byCCICappointed by the Seller and one independent surveyor (i.e.: SGS or Geo-Chem, etc) appointed by the buyeras agreed by both parties at site before loading to container. While final weightand qualitydetermination shall be done atloadingportby the above joint-survey.Moisture content shall be deducted from the total weight shipped.
Article 11 Documents
Seller shall present the following documents to the buyer:
A. Signed Commercial Invoice for 100% of the total cargo value indicating, quantity, unit price and the total Amount of Value of the delivered commodity , 1 original and 3 copies.
B. Certificates of quantity, quality and weight issued byCCICand one independent surveyor appointed by the buyer.
C. Certificate of Origin issued by ABC Department Of Trade or concerned Government authorities, I original and 2 copies.
D. Weight List, showing total weight , 1 original and 3 copies.
E. Bill of Lading, 3 original copies and 3 non-negotiable copies.
Article 12 Force Majeure
The Seller shall not be responsible for the delay of shipment or non-delivery of the goods due to Force Majeureunder UCP 600. The seller shall advise the buyer immediately of the occurrence mentioned above and within 3 days thereafter the seller shall send a notice by courier to the buyer of their acceptance of a certificate of the accident issued by the local chamber of commerce under whose jurisdiction the accident occurs as evidence thereof. Under such circumstances the seller , however, are still under obligation to take all necessary measures to hasten the delivery of the goods. In case the accident lasts for more than 60 days the buyer shall have the right to cancel the Contract.
Article 13 Arbitration
All disputes arising out of or in connection with this Contract shall be finally resolved by arbitration in accordance with the Rules of Arbitration of the International Chamber of Commerce (UCP-600/20xx or Uniform Customs and Practice for Documentary Credits) by one or more arbitrators appointed in accordance with the said rules. The arbitration shall be conducted in ABCbythe English language.
Buyer Seller
關(guān)于購(gòu)貨合同:
其中購(gòu)貨合同指的是企業(yè)作為需向供貨廠商(供方)采購(gòu)材料,按雙方達(dá)成的協(xié)議,所簽訂的.具有法律效力的書面文件,又稱訂購(gòu)合同。
對(duì)于購(gòu)貨合同是指企業(yè)作為需向供貨廠商(供方)采購(gòu)材料,按雙方達(dá)成的協(xié)議,所簽訂的具有法律效力的書面文件,又稱訂購(gòu)合同。購(gòu)貨合同只有在合同條款不與企業(yè)所在地國(guó)家與地方實(shí)施的現(xiàn)行法律、法規(guī)和條例等相抵觸,經(jīng)合同有關(guān)雙方相互承諾,并且合同各方在簽訂合同前沒有欺騙對(duì)方的行為時(shí)才具有完全的法律效力。
英文合同 篇7
房屋買賣合同英文
Property Sale and Purchase Contract
(房屋買賣合同)
This Sale and Purchase Contract (the “Sale Contract” or this “Contract”) isentered into this ____ day of May, 20 :
BY AND BETWEEN
The Seller:
Legal Representative: Wang Xialin
Address:
Tel:
Buyer:
Passport No.:
Address:
Tel:
Each of Seller and Buyer is individually referred to herein as a “Party” andcollectively referred to herein as the “Parties”。
RECITALS
WHEREAS, Seller is the owner of the property of 14D, Building 3, Park ViewTower; Seller desires to sell to Buyer, and Buyer desires to acquire fromSeller, the entire ownership of the property and its associated granted land useright (the “Property”, as defined more specifically in Article 2 of this SaleContract);
NOW, THEREFORE, after friendly negotiations and in consideration of theProperty and the mutual covenants contained herein, the Parties hereby agree asfollows:
Article I Representations, Warranties and Covenants
1.1 Seller hereby represents and warrants that Seller is the duly registeredowner of the Property and possesses the complete beneficiary ownership rights tothe Property. The Property is free from any encumbrance, including but notlimited to mortgages and any other third party‘s interest and/or other debtdisputes.
1.2 Seller shall transfer the Property and its title deeds to Buyer inaccordance with the terms of this Contract.
Article II The Property
1.1 The Property is located at ___________________________________, Beijing.The Property Ownership Certificate No.: __________________, the Gross Floor Areaof the Property is ______________ square meters. The Land Use Right CertificateNo.: ________________, the Land Use Right Area is __________square meters withan expiration date of ___________.
Article III Purchase Price
Seller agrees to sell to Buyer, and Buyer agrees to purchase from Seller theProperty at an aggregate price of RMB ______________ (“Purchase Price”)
Article IV Payment Method and Title Transfer Procedure
1.1 Any payment of the Purchase Price under this Contract shall be made inRMB by Buyer in accordance with this Contract. Any bank fees or charges incurreddue to the payment should be borne by Buyer; any bank fees or charges incurreddue to the receipt of the payment imposed by the Seller‘s Bank should be borneby Seller. Seller’s designated Bank Account is described below:
Bank name:
Account name:
Account No: 204009978
1.2 Both Seller and Buyer appoint and fully authorize XXXX Law Firm (the“Lawyer”) to apply for the transfer of the title deeds of the Property and payrelevant taxes and fees and to take any other action and sign any documentnecessary to complete the above transfers promptly.
1.3 Within three (3) working days after the execution of this Contract, Buyershall pay to Seller, as an advance payment, fifty percent (50%) of the PurchasePrice, i.e. RMB ____________ (the “Advance Payment”)
1.4 Buyer shall pay, as the remaining payment, the other fifty percent (50%)of the Purchase Price, i.e. RMB ___________ (the “Remaining Payment”), byapplying for the second hand property mortgage loan from the Bank (the “Bank”)The Bank sould directly pay all mortgage loan to Seller‘s bank account asdescribed above.
1.4.1 Within ten (10) working days after the execution of this Contract,Buyer shall sign the mortgage loan agreement and other relevant documents withthe Bank, and get approval from the bank with respect to the mortgage loanapplication for the Remaining Payment. Buyer shall hand over the photocopies ofthe above-mentioned documents to the Lawyer.
1.4.2 Within ten (10) working days after the execution of this Contract, bothParties and the Bank shall sign a tri-party agreement (the “Tri-partyAgreement”) in which the Bank agrees to release the loan (equivalent to theRemaining Payment) to Seller‘s account directly. Buyer shall hand over thephotocopy of the Tri-party Agreement to the Lawyer.
1.4.3 After Seller confirms the receipt of the Advance Payment, and uponreceipt by the Lawyer of all of the documents and taxes and fees from bothParties as described in Article 6 and Article 7 of this Contract, and withinthree (3) working days after the documents mentioned in Article 4.4 above areprovided to the Lawyer, Lawyer shall submit the transfer application (with allnecessary supporting documents) of the Property Ownership Certificate to BeijingConstruction Committee Real Estate Exchange Center (the “Center”) Within three(3) working days after the transfer of the Property Ownership Certificate iscompleted, Lawyer shall submit the transfer application (with all necessarysupporting documents) of the Land Use Right Certificate to Beijing Land &Resource Bureau.
1.4.4 After the Property Ownership Certificate and the Land Use RightCertificate are transferred to Buyer, and after Lawyer receives all the originalcertificates, Lawyer shall provide to the Bank with these certificates inaccordance with the terms of the Tri-party Agreement. The bank, who will applyfor the mortgage registration of the Property, shall release the loan (RemainingPayment) directly to Seller once the mortgage registration is completed.
1.4.5 In case that the Bank has not approved the drawdown of the loan or theloan paid to Seller is less than the Remaining Payment within two (2) monthsafter Lawyer provides the Property Ownership Certificate and the Land Use RightCertificate to the Bank, Buyer agrees to make full payment of the RemainingPayment within five (5) working days after the above-mentioned two (2) monthsperiod expires.
Article V Taxes and fees
Except as otherwise provided therein, each Party shall be responsible for andshall pay all taxes and fees resulting from or payable in connection with thetransactions contemplated in this Contract as are imposed upon such Party by PRCLaw.
英文合同 篇8
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
英文合同 篇9
技 術(shù) 合 作 協(xié) 議
Technical Cooperation Agreement
甲方:XX油脂化學(xué)有限公司
Party A: XX Grease Chemical Co. , Ltd.
地址: XX高新技術(shù)工業(yè)園
Address:XXHigh-tech Industrial Park
法定代表人:XXX
Legal Representative: XXX
乙方:
Party B:
地址:
Address:
本協(xié)議合作雙方就組建技術(shù)研發(fā)團(tuán)隊(duì)事項(xiàng),經(jīng)過平等協(xié)商,在真實(shí)、充分地表達(dá)各自意愿互惠互利的基礎(chǔ)上,根據(jù)《中華人民共和國(guó)合同法》的規(guī)定,達(dá)成如下協(xié)議,并由合作各方共同恪守。
This Agreement, concerning the setting up of a technical research and development team, is made according to the Contract Law of PRC regulations and entered into through equal negotiation by both Parties as the free and full expression of their own wishes to mutual benefits, and to this end both Parties shall abide by this Agreement as following.
第一條、 甲方同意雇用乙方為新產(chǎn)品研發(fā)技術(shù)顧問。乙方同意為甲方提供技術(shù)
顧問服務(wù)。
Article 1: Party A hereby agrees to employ party B as the technical consultant for the new product research and development. Party B hereby agrees to offer technical consultation service to Part A.
第二條、 甲方同意每月支付乙方的研究費(fèi)用,包括:薪資、辦公費(fèi)、檢測(cè)費(fèi)、
差旅費(fèi)以及其他相關(guān)費(fèi)用。
Article 2: Party A hereby agrees to pay Party B for the research each month, including salaries, administrative expenses, detection cost, traveling expenses and other cost associated.
第三條、 乙方有責(zé)任為甲方提供相關(guān)國(guó)內(nèi)外技術(shù)及市場(chǎng)信息,并及時(shí)答復(fù)甲方
技術(shù)上所遇到的問題。
Article 3:Party B is responsible to provide relevant technical and market information home and abroad and is ready to answer any technical problem frequently asked by Party A.
第四條、 乙方有義務(wù)向甲方提供有關(guān)個(gè)人簡(jiǎn)歷和相關(guān)證明材料,甲方要尊重乙
方個(gè)人隱私,有義務(wù)妥善保管相關(guān)材料。
Article 4: Party B shall has the obligation to provide Party A with any relevant personal resume and reference documents as necessary. Party A shall respect the personal privacy of Party B and has the obligation to properly keep those materials.
第五條、 乙方同意所研發(fā)的產(chǎn)品所有知識(shí)產(chǎn)權(quán)歸甲方所有,乙方不得將相關(guān)技
術(shù)信息泄露給任何第三方,否則需要承擔(dān)一切法律后果。
Article 5: Party B hereby agrees that the intellectual property of any product as researched and developed herein shall be owned by Party A. Party B shall not be allowed to disclose any technical information concerned to the third party, or it shall take all the legal consequences.
第六條、 甲乙雙方同意通過緊密合作達(dá)到共同目標(biāo);每年增加一到三個(gè)項(xiàng)目;
每年申請(qǐng)一到三個(gè)發(fā)明專利;每年完成一到兩個(gè)能夠通過專家認(rèn)證的
新產(chǎn)品;每年至少向市場(chǎng)推廣兩個(gè)產(chǎn)品。
Article 6: Both Parties agree to achieve their common goals by their close cooperation. It is planned to add one to three projects each year and to apply for one to three patents for inventions each year, to make one to two new products certified by experts each year, and to promote at least two products to the market each year.
第七條、 此協(xié)議甲乙雙方各執(zhí)一份,沒有在協(xié)議中提到的事項(xiàng)雙方需協(xié)商解決。 Article 7: This Agreement is held by both Parties, one for each respectively. Any issue not mentioned in this Agreement shall be settled by both Parties through negotiation.
此協(xié)議從簽字當(dāng)日起生效。
This Agreement shall take effect from the date of signature.
甲方:乙方:
Party AParty B:
簽字:簽字:
Signature: Signature:
日期:日期:
DateDate:
英文合同 篇10
有限公司(以下簡(jiǎn)稱甲方)系外商投資經(jīng)營(yíng)企業(yè),現(xiàn)聘用 (以下簡(jiǎn)稱乙方)為甲方合同制職工。根據(jù)《勞動(dòng)法》和《上海市勞動(dòng)合同條例》以下簡(jiǎn)稱(條例),甲乙雙方本著誠(chéng)信、平等、協(xié)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 xx hereinafter referred to as “party B”) as an employee by contract, according to the“l(fā)abor 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(yīng)從事辦公室經(jīng)理工作。乙方將按照甲方的要求工作。其基本職責(zé)如下:
。1)人力資源
。2)自德國(guó)總部進(jìn)口產(chǎn)品
。3)日常辦公室事務(wù)處理
。4)觀察收集市場(chǎng)信息
(5)客戶服務(wù)
。6)會(huì)計(jì)相關(guān)信息支持
。7)銷售團(tuán)隊(duì)相關(guān)信息支持
。8)倉(cāng)庫(kù)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(jù)乙方的工作能力和工作表現(xiàn),可隨時(shí)更改乙方勞動(dòng)報(bào)酬,但應(yīng)在國(guó)家法律規(guī)定的范圍內(nèi)。
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(rèn)為乙方的工作能力和工作表現(xiàn)不符合本條第1款規(guī)定的工作要求,甲方有權(quán)在任何時(shí)候調(diào)換乙方的工作崗位、工作地點(diǎn)及勞動(dòng)報(bào)酬,或解除本勞動(dòng)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(dòng)保護(hù) article 3 working conditions and working protection
甲方須為乙方提供符合國(guó)家規(guī)定的安全衛(wèi)生的工作環(huán)境,并向乙方提供必要的勞動(dòng)防護(hù)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(shí)間 article 4 working time
1. 乙方每天和每周工作時(shí)間參照甲方有關(guān)規(guī)定。
The daily and the weekly working time refer to party A’s relative regulations.
2.乙方享有國(guó)家規(guī)定的法定節(jié)假日、年假和其他法律法規(guī)和員工手冊(cè)規(guī)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(gè)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(shí),應(yīng)提前壹個(gè)月向甲方提出書面申請(qǐng),得到甲方書面批準(zhǔn)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(dòng)報(bào)酬 article 5 compensation
1. 乙方收入?yún)⒄毡竞贤懈郊?的規(guī)定。甲方實(shí)行新的工資制度時(shí),乙方的工資待遇按新的制度予以調(diào)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(shí)行年12個(gè)月薪金制,工作滿一年后,每年十二月份發(fā)雙薪。發(fā)薪日為第二個(gè)月的5號(hào)左右。甲方視乙方在服務(wù)的上一年中的表現(xiàn)和甲方的財(cái)務(wù)狀況決定乙方是否享有年終獎(jiǎng)金。乙方若在得到年終獎(jiǎng)金后的六個(gè)月內(nèi)辭職的,應(yīng)在其離開公司前返還其全額年終獎(jiǎng)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(dòng)保險(xiǎn)和福利待遇 article 6 insurance and welfare
乙方因生、老、病、傷、殘、死,甲方按國(guó)家和地方有關(guān)規(guī)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(dòng)紀(jì)律及獎(jiǎng)懲 article 7 working regulations, reward and punishment
1. 乙方應(yīng)遵守國(guó)家的法律法規(guī),并遵守甲方的各項(xiàng)規(guī)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(zé)任的, 合同自動(dòng)解除。
this contract shall be terminated automatically if party B is accused by criminal charge.
3.未經(jīng)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(zhǔn)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(shù),市場(chǎng)或財(cái)務(wù)文件或信息給第三方。任意此類違反將被視為嚴(yán)重違反合同,一經(jīng)發(fā)現(xiàn),乙方應(yīng)向甲方支付違約金50,000元人民幣。如造成甲方的經(jīng)濟(jì)損失,乙方應(yīng)當(dāng)承擔(dān)賠償責(zé)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(duì)于甲方為了業(yè)務(wù)需要給予乙方的預(yù)支款,一般情況下,乙方應(yīng)在預(yù)支后的十個(gè)工作日內(nèi)提供甲方要求的結(jié)算憑證,返還剩余預(yù)支款,與甲方完成結(jié)算;無論如何,該預(yù)支款應(yīng)在預(yù)支后一個(gè)月內(nèi)結(jié)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(xiàng)),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(nèi),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(rèn)為乙方因嚴(yán)重違反勞動(dòng)紀(jì)律或規(guī)章制度的;
Party A thinks that party B seriously violates the working discipline and stipulations;
(3) 乙方嚴(yán)重失職、營(yíng)私舞弊、泄露重要商業(yè)信息;
Party B has serious neglect of duty,jobbery or leak out of important business information;
(4) 甲方認(rèn)為乙方工作表現(xiàn)及能力不能達(dá)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(yán)重違反最新<<員工手冊(cè)>>及其他不時(shí)制定的規(guī)章制度。
If party B seriously violates any rules or regulations set out in the latest version of “l(fā)abor 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(guī)定和法律法規(guī)規(guī)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(fù)傷在規(guī)定的醫(yī)療期內(nèi)。
If party B is sick or injured, party A has no right to terminate the contract during the treatment or convalescence period.
(2) 實(shí)行計(jì)劃生育的乙方(指女方)在孕期、產(chǎn)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(yīng)提前以書面形式向甲方提出申請(qǐng)。未經(jīng)甲方書面批準(zhǔn),乙方不得辭職。甲方只有在每年下述兩個(gè)時(shí)期對(duì)乙方辭職申請(qǐng)進(jìn)行答復(fù)。該兩個(gè)時(shí)期為每年五月至六月(針對(duì)去年十一月至當(dāng)年四月提出的申請(qǐng)),十一月至十二月(針對(duì)當(dāng)年五月至當(dāng)年十月提出的申請(qǐng))。 在甲方批準(zhǔn)乙方的辭職,乙方將工作項(xiàng)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(tài)返還給甲方后,方可辦理解除或終止合同的手續(xù),但是前提是乙方還應(yīng)自甲方接受其辭職后根據(jù)甲方要求,繼續(xù)為甲方工作二個(gè)月,除非甲方放棄該權(quán)利。該二個(gè)月期滿后,雙方勞動(dòng)關(guān)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(jīng)濟(jì)要求。如果乙方不按照上述規(guī)定辦理離職手續(xù),在勞動(dòng)關(guān)系正式解除前未經(jīng)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(jù)法律和合同其享有的權(quán)利和待遇,如休假、任何補(bǔ)償金等,甲方也不再對(duì)乙方負(fù)有任何責(zé)任,并有權(quán)追究其違約責(zé)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(yīng)提前壹個(gè)月書面通知對(duì)方 ( 本合同第8.1和 9.3條規(guī)定的情況除外)。該書面通知原則上應(yīng)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(hào)信的方式郵寄至下述對(duì)方地址即視為送達(dá)。但按照本合同第8.1條(1)、(2)、(3)、(5)項(xiàng)規(guī)定解除勞動(dòng)合同的不必提前通知對(duì)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(guān)或執(zhí)行甲方的任務(wù)或者主要是利用甲方提供的條件所完成的發(fā)明創(chuàng)造和成績(jī),無論是通過腦力或體力,均屬職務(wù)發(fā)明創(chuàng)造,歸甲方所有,未經(jīng)甲方批準(zhǔn)不得以乙方名義申請(qǐng)專利,不得對(duì)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(duì)于甲方在本合同期內(nèi)向乙方提供的培訓(xùn),乙方應(yīng)遵守甲方的培訓(xùn)規(guī)定, 并不得向第三方泄露培訓(xùn)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(chǎn)技術(shù),專利,經(jīng)營(yíng)等商業(yè)秘密的,其不得向任何第三方透露任何與上述有關(guān)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(dòng)合同時(shí),應(yīng)提前6個(gè)月向甲方提出書面申請(qǐng),以便甲方進(jìn)行必要的崗位調(diào)整,乙方同意在該期間內(nèi)的工資按照調(diào)整后的崗位工資標(biāo)準(zhǔn)計(jì)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(zé)任 article 10 breach liability
1. 乙方違反本合同第八條第3款和第4款規(guī)定的時(shí)限解除勞動(dòng)合同,必須支付相當(dāng)于乙方一個(gè)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(dòng)關(guān)系,乙方必須及時(shí)根據(jù)甲方的要求辦理完整工作交接手續(xù),否則甲方將要求乙方支付相當(dāng)于乙方一個(gè)月收入乘以乙方在甲方工作年限數(shù)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(dòng)爭(zhēng)議 article 11 dispute
本合同在上海簽訂. 甲乙雙方發(fā)生勞動(dòng)爭(zhēng)議時(shí),由爭(zhēng)議的一方或雙方向上海市 區(qū)勞動(dòng)爭(zhēng)議仲裁委員會(huì)申請(qǐng)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(zhí)一份,經(jīng)甲方法定代表人或授權(quán)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(dòng)關(guān)系正式從乙方的招工錄用手續(xù)辦理完畢之日起開始計(jì)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(yīng)配合甲方辦理其招工錄用手續(xù)。如因乙方個(gè)人原因?qū)е抡泄や浻檬掷m(xù)無法及時(shí)辦理完畢,乙方應(yīng)承擔(dān)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(guān)的國(guó)家法律法規(guī)有所變更, 該合同其他部份將繼續(xù)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(shí)制定或修改的規(guī)章制度及《員工手冊(cè)》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(hào)碼
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