国际商务函电课件(7个)(英文版)5.ppt

1、Part ThreeUnit 9 Signing a ContractBesides the main terms we have discussed from lesson 1 to 7,there are some other terms will be negotiated.One is usually the inspection clause and the other is arbitration,esp.on purpose of handling with a claim.nInspection 1.货物必须在货物装运前由公证机构进行检验，其检验报告作为我方履行付款的基础。In

2、spection must be conducted before shipment by recognized surveyors.Their reports may be taken as the basis for negotiating payment.2.我们有到货的复验权/我们有权在货物到达时进行复验。nWe have the right to reinspect the goods on their arrival.3.货物到达后由买方检验局进行检验，所发检验证书将作为索赔的依据/基础。nAfter the goods arrive,we may have them reinsp

3、ected by our bureau,and the inspection certificate issued shall serve as the basis for filing a claim.nSome useful expression:nThe main transaction terms:price,quantity,quality,packing,delivery,payment terms;other terms:insurance,inspection,arbitration;Force Majeure,etc.nTo go over the terms and con

4、ditions of the contract;nThere are still a fair few points left over to clear up;nTo close the bargain;nto reinspect the cargo on its arrival;nTo be entitled to lodge a claim;(to be entitled to do sth;to entitle sb to do sth.)nSurveyors reports issued by a recognized surveyor（公证机构）;nThe goods are sp

5、oiled or got short-weighted;nTo rule out the possibility of bearing the responsibility;nto undertake it without shirkingnArbitration If the disputes cannot be solved by the consultation amicably,both partied volunteer to present to the Third Party agreed to arbitrate the problems.The result of the a

6、rbitration will be legally binding to both parties and they must execute or put into force accordingly.useful expressions,nto choose the location for arbitration and the arbitration organization(CCPIT);nNo contract clause is as effective as good will and confidence in each of the parties to the cont

7、ract.nProvisional rules暂行条例,eg.according to the of procedure promulgated by the Arbitration Committee of CCPIT;nInternational prestige;nUmpire 首席仲裁员nTo handle the dispute without bias or partiality,nIts really a tough nut to crack.这真是一个棘手的问题。nPlaintiff,原告；losing party,（1）万一有什么争议，我们应该在合同中规定仲裁条款。In ca

8、se any disputes may arise,we should include an arbitration clause in the contract.（2）所有仲裁费用应由败诉一方承担。As the fees for arbitration shall be borne by the losing party.（3）争议应提交双方选定的仲裁员进行仲裁。The dispute shall be submitted for arbitration by a mutually nominated arbitrator.(4)恐怕我们在仲裁地点和仲裁机构方面有不同的意见。Im afrai

9、d that well have different opinions of the location for arbitration and arbitration organization.n(5)如果没有异议/选择的话，仲裁是终局性的。Arbitration is generally the last resort if there is no alternative.Unit 10 Consignment&Compensation TradewConsignment:wthe act of sending goods to an agent for sale,with commissi

10、on to be calculated on the gross proceeds,depending on consignment agreement.wSpecimen LettersnThe board meeting shall be called and presided over by the Chairman.Should the Chairman be absent,the vice-Chairman shall,in principle,call and preside over the board meeting.nThis Contract and the appendi

11、ces hereto shall come into force from the date of approval by the examination and approval authorities.nThe production and business scope of the Company shall be as follows:to manufacture,sell and develop cooperatively produced products and other relevant products.nThis contract shall be induplicate

12、 to be held each by the Parties hereto and shall have two copies each kept by the Parties hereto for record.n单据份数In duplicate (2-fold);triplicate quadruplicate quintuplicate sextuplicate septuplicate octuplicate nonuplicate decuplicaten本合同应用英文和中文两种文字写成，一式四份，合同双方执英文本和中文本各一式两份，两种文字具有同等效力。This contract

13、 shall be written in English and Chinese languages in quadruplicate both texts being equally authentic,and the parties hereto shall hold two copies of each text.nFill in the blanks with prep.words:1)In case there is any breach of provisions _UNDER_ this Agreement _BY_ either Party during the effecti

14、ve period of this Agreement,the Parties Hereto shall,first of all try to settle the matter IN question AS soon and amicable AS possible TO mutual satisfaction.2)Whereas Party B will enter into a Contract for Works with Party A for latters air conditioning equipment,and the Parties Hereto,in consider

15、ation of the mutual covenances and agreement do hereby agree as follows:2.Barter TradeSpecimen letters3.Compensation TradeA new form of business using products or other commodities to pay for machines or products bought.Specimen lettersnWhereas:considering that,For examples:(1)Whereas the contractor

16、 by an Agreement made between the Employer of the one part and the Contractor of the other part has entered into a Contract(hereinafter called the said Contract)to execute and complete certain Works and remedy,any defects therein in accordance with the provisions of the said Contract.Therein:in that

17、;in that particular context;in that respect;(2)The procedures contained therein shall be followed by the concerned agencies of the P.R.C.,responsible for the implementation of the Bank-supported project.(3)Whereas the first Party is willing to employ the second party and the second Party agrees to d

18、o as the first partys Engineer in Bamako,it is hereby mutual agreed as follows:nHereby:by means of,by reason of this;(4)Whereas party A and Party B,adhering to the principle of equality and mutual benefit and through friendly consultation,agree to jointly invest to establish a new venture company in China(hereinafter referred to New Company).The Contract hereunder is worked out.