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關(guān)于英文合同集錦8篇
在當(dāng)今社會,人們對合同愈發(fā)重視,合同的法律效力與日俱增,在達(dá)成意見一致時(shí),制定合同可以享有一定的自由。擬定合同的注意事項(xiàng)有許多,你確定會寫嗎?下面是小編幫大家整理的英文合同8篇,僅供參考,歡迎大家閱讀。
英文合同 篇1
GARMENTS PURCHASE CONTRACT
Contract NO.合同編號:
Date簽約日期:
Buyer: 買方:
Seller: 賣方:
This purchase contract (hereafter abbreviated “contract”) is signed by and between the Buyer and the Seller upon equal negotiations based on the Contract Law and other relevant laws and regulations. Both parties agree to sell and buy goods on following terms and conditions.
此銷售合同(以下簡稱“合同”)根據(jù)合同法及相關(guān)法律法規(guī)并經(jīng)由買賣雙方經(jīng)平等協(xié)商后共同簽定,買方與賣方均同意以下條款和條件購買和出售貨物。
Purchasing Contract terms and conditions of garments Season: 服裝采購合同條款:
1. Description, quantity, unit price, total amount and other details of the goods ordered please refer to detail order, invoice and packing list. The name of the issuing company of invoice must be the same as the seller.
采購品名、規(guī)格、數(shù)量、單價(jià)、總價(jià)、交期等參考每次采購相應(yīng)訂單、發(fā)票及裝運(yùn)單,發(fā)票的填開單位必須與本合同中賣方的名稱相一致。
2. Country of origin: China原產(chǎn)地:中國
3. Delivery: The seller shall deliver the goods to the warehouse as previously agreed between the two parties.
交貨方式:賣方應(yīng)把貨物送交至雙方事先約定的倉庫。
4. The quality of all the garments shall answer for the updated, valid Standard of the Nation and the industry. In case the garments are unqualified or for other reason that shall ascribe the seller’s fault, which brings losses of or damages (including but
not limited to fine, expropriate, damage to Goodwill, lawyer’s fee and other losses for the buyer ’s breach of law or contract because of the seller fault) to the buyer, the buyer shall has the right to ask seller for damages.
所有服裝質(zhì)量應(yīng)符合最新、有效的國家標(biāo)準(zhǔn)、行業(yè)標(biāo)準(zhǔn)的規(guī)定,若賣方交付的服裝質(zhì)量不合格或其他任何可歸咎于賣方的責(zé)任導(dǎo)致買方遭受的任何損失(包括但不限于罰沒款、扣款、商譽(yù)損失、律師費(fèi)及其他因賣方原因?qū)е沦I方違約、違法所遭受的損失),買方有權(quán)要求賣方承擔(dān)。
5. Seller shall provide 7 original copies of "Approved" Quality Inspection Certificate for each fabric used to produce MOTIVI different models 7 days before the delivery date. The certificate must be issued by a Chinese official quality testing department, the samples that the seller send to quality test lab shall be representative, can represent the quality of the goods, and the test must follow the Basic Standard GB18401 and include the composition of the fabric. The buyer will settle the payment according to the contract after received the test report and other related documentations (Packing list, Invoice of Goods etc.).
賣方應(yīng)于交貨日七日前向買方提供由中國官方質(zhì)檢部門認(rèn)可的'質(zhì)檢機(jī)構(gòu)出具的所有用來制作服裝的面料的合格質(zhì)檢報(bào)告原件7 份,賣方向質(zhì)檢機(jī)構(gòu)送檢的樣品應(yīng)具有代表性,能夠代表大貨質(zhì)量,質(zhì)檢報(bào)告應(yīng)包含纖維含量及國家標(biāo)準(zhǔn) GB18401 的安全技術(shù)要求事項(xiàng)。買方在收到質(zhì)檢報(bào)告、裝箱單、貨物發(fā)票等其他文件后按合同約定付款。
6. For all the goods, the seller shall issue invoice to the buyer, the invoice shall be invoiced 所有貨物應(yīng)由賣方向買方開具發(fā)票,發(fā)票抬頭需開列買方單位名稱為
Kind of invoice issued: People’s Republic of China VAT invoice
發(fā)票開立種類:中華人民共和國增值稅專用發(fā)票。
7. Terms of Payment: Total amount of payment of goods shall be paid in RMB within 30 days issued the invoices.
付款: 開立發(fā)票后30日內(nèi)以人民幣支付。
Upon signing the contract, the seller shall provide bank information for the buyer to effect payment.
買賣雙方簽定訂購合同后,賣方需提供公司銀行資料給予買方支付貨款.。
8. Intellectual Property Right 知識產(chǎn)權(quán)
All the goods, documents and materials that the Seller gets to may concerns secret and shall procure that its employee, agent and any other persons who may have access to the above-mentioned information keep confidentiality and shall not use it for any purpose at any time or disclose to any third party. The seller shall not sell, transfer any products or materials to any third party except for the buyer products, substandard products, rest products and unused/waste products or materials. In case the seller breaches, the buyer has the right to ask for
indemnification including but not limited investigation fees, lawyer’s fees,
compensation as well as all other fees according to the stipulations or Chinese laws. 賣方接觸到的買方及集團(tuán)的物品、文件資料均可能涉及買方及其關(guān)聯(lián)公司的知識產(chǎn)權(quán),尤其是可能包含的買方商標(biāo)、集團(tuán)的其他商標(biāo),著作權(quán)及商業(yè)秘密。賣方應(yīng)對其知悉的買方及其關(guān)聯(lián)公司的商業(yè)秘密進(jìn)行保密,并應(yīng)促使賣方所有接觸到買方秘密信息的任何雇員、代理人、客戶或其他人士對該信息保密,不得在任何時(shí)候?yàn)槿魏文康氖褂没蛘呦蛉魏蔚谌伺。賣方不得向除買方及集團(tuán)以外的任何單位和個(gè)人銷售、轉(zhuǎn)讓涉及買方及米羅利奧集團(tuán)的商標(biāo)、標(biāo)識標(biāo)記、著作權(quán)等知識產(chǎn)權(quán)的產(chǎn)品或資料,即使對于過季品、等外品、富余品和廢棄不用的產(chǎn)品或資料也不例外。若賣方違反約定,買方有權(quán)根據(jù)約定及中國法律規(guī)定要求賣方承擔(dān)包括但不限于調(diào)查費(fèi)、律師費(fèi)、賠償金在內(nèi)的一切賠償責(zé)任。
9. Both parties will try to resolve any dispute concerning the contract amicably. If the dispute can not be resolved by negotiation, any party may initial legal action.
買賣雙方在履行本合同時(shí)如有爭議應(yīng)先以友好協(xié)商方式解決,如協(xié)商不成買賣雙方可將爭議送交由提出訴訟方所在地之法院進(jìn)行訴訟.
10. All appendixes to this contract should be bonded to the contract as a whole.
英文合同 篇2
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3
甲方名稱:文化傳播有限公司Party A: Entertainment Management Co., Ltd
聯(lián)系地址:Address: .
公司注冊代碼:Company registration code:
乙方演員名稱Party B artist name:
護(hù)照號碼 Passport number:
國籍Nationality:
聯(lián)系方式 Tel:
緊急情況聯(lián)系方式/聯(lián)絡(luò)人Emergency Contact / Contact Person:
聯(lián)系地址:Contact Address:
郵箱地址:Email Address:
有無病史:Sick history or not:
根據(jù)《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(jīng)友好協(xié)商,就雙方合作由乙方在甲方指定的經(jīng)營場所進(jìn)行演出等事宜達(dá)成一致,并簽訂本協(xié)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?傆(jì)3+3 個(gè)月;合約開始日期按照實(shí)際開始工作日期計(jì)算,續(xù)約須在本合同結(jié)束前的15日內(nèi)與甲方協(xié)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(nèi)容Article 2: Performance Content
1.演出節(jié)目: 歌唱表演, 乙方需要服從甲方的安排進(jìn)行節(jié)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(shí)間為 22:00 至次日凌晨02:30,包括休息,化妝和換裝的準(zhǔn)備時(shí)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(jié),每節(jié)6首歌。每天演出時(shí)長總計(jì)30分鐘內(nèi); 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(xiàn)場待命(最終演出時(shí)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(shí)間:需服從甲方安排,甲方將會提前通知乙方彩排時(shí)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(zhǔn)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(nèi)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(nèi),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(hù)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(diǎn):全國,乙方需要配合工作地點(diǎn)的調(diào)動(dòng)。
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(bào)酬P(guān)erformance salary:
1、演出報(bào)酬:甲方同意支付乙方表演費(fèi)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(jié)假日。每月的休息日不可沿用至下個(gè)月使用。計(jì)薪時(shí)間從演出之日起計(jì)算(如果沒有演出,第五天起都應(yīng)當(dāng)計(jì)薪),到達(dá)中國當(dāng)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(fā)放上月整月演出報(bào)酬,最后一個(gè)月的工資由合約最后一天發(fā)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(zhuǎn)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:
。ǘ、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(guān)的國際、國內(nèi)經(jīng)濟(jì)艙機(jī)票,輪渡,大巴或火車票,乙方必須嚴(yán)格按照甲方預(yù)訂的行程準(zhǔn)時(shí)到達(dá)指定場所,否則視為乙方違約。甲方需要負(fù)責(zé)乙方藝人國際往返機(jī)票費(fèi)用,乙方的雙程機(jī)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(gè)屬于私人的正常尺寸行李箱和一個(gè)裝服裝的行李箱,因私人原因產(chǎn)生的行李超重費(fèi)用由乙方自行承擔(dān)。
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(jìn)行與演出無關(guān)的旅行、游玩等活動(dòng)的,乙方應(yīng)當(dāng)提前2周征得甲方同意,并確保能及時(shí)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(diào)整。同時(shí),在此期間,乙方發(fā)生任何意外事件,若涉及其應(yīng)當(dāng)承擔(dān)法律責(zé)任的,由乙方自負(fù),與甲方無關(guān)。導(dǎo)致甲方負(fù)連帶責(zé)任的,甲方有權(quán)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(dāng)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.
。ㄋ模、演出住宿Performance accommodation
1、此協(xié)議期間如乙方為駐場演出時(shí),甲方提供一間單間的符合標(biāo)準(zhǔn)的`宿舍,每間房住1人;住房配套齊全,包括洗衣機(jī)、電視機(jī)、等家電. 甲方支付公寓的租金和物業(yè)管理費(fèi),公用事業(yè)費(fèi)用: 電費(fèi),水費(fèi),煤氣費(fèi),公司給予200元/人標(biāo)準(zhǔn),超出部分費(fèi)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(nèi)的人身、財(cái)產(chǎn)安全、擾民投訴均由乙方承擔(dān)負(fù)責(zé),由此造成甲方損失的,甲方有權(quán)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(xié)議期內(nèi)如派乙方于除集團(tuán)內(nèi)娛樂場所以外的演出,甲方為乙方提供雙人間酒店,除預(yù)先核準(zhǔn)的正餐外,其他服務(wù)項(xiàng)目所產(chǎn)生的費(fèi)用由乙方自行承擔(dān)。住宿酒店期間乙方需自行支付的項(xiàng)目包括但不限于:迷你酒吧,收費(fèi)電視,客房服務(wù),電話,互聯(lián)網(wǎng),傳真,按摩,健身俱樂部,美容美發(fā)廳,KTV,香煙,洗衣房,小費(fèi)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.
。ㄎ澹、簽證& 護(hù)照Visa & Passport
1、為保證演出按時(shí)進(jìn)行,乙方應(yīng)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(dān)乙方首次入境中國簽證(旅行簽證)的費(fèi)用。乙方入境中國后,甲方支付乙方簽證費(fèi)用. 乙方須提供甲方中國大使館開據(jù)的發(fā)票方可進(jìn)行實(shí)報(bào)實(shí)銷.(甲方不承擔(dān)任何簽證加急費(fèi)和旅行社中介費(fèi))。乙方來華后辦理工作簽證由甲方負(fù)責(zé)。
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(xié)議期間甲方協(xié)助乙方獲得中國演出許可證及此協(xié)議相關(guān)的后續(xù)續(xù)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(hù)照在有效期之內(nèi)并且能在出入中國時(shí)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(hù)照或其他旅行證件,補(bǔ)辦費(fèi)用自理,并承擔(dān)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.
。、通訊方式Communication Method
1、乙方在此協(xié)議期間必須保持手機(jī)/網(wǎng)絡(luò)通訊暢通,保證甲方能夠隨時(shí)與乙方聯(lián)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(nèi),雙方確認(rèn)工作指令通常以電子郵件方式發(fā)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(jī).甲方一旦發(fā)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(zé)任Article 4: Responsibility of Party A
1.甲方負(fù)責(zé)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(quán)為乙方制定整體演出規(guī)劃,進(jìn)行有關(guān)安排和實(shí)施,甲方對此具有最終決策權(quán);
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(nèi)唯一合作對象,甲方有權(quán)安排乙方所有的演出,未經(jīng)甲方書面同意,乙方不得與任何第三方進(jìn)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(quán)對乙方的表演質(zhì)量進(jìn)行監(jiān)督,并提出建議和整改要求,對暫不符演出質(zhì)量要求的可以給予暫離合作崗位進(jìn)行培訓(xùn)的處理,如培訓(xùn)后仍不能履行本協(xié)議約定的合作事項(xiàng),甲方有權(quán)解除本協(xié)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(cái)產(chǎn)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(yīng)負(fù)責(zé)支付相關(guān)費(fèi)用(因乙方自身的過錯(cuò)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(dá)不到甲方場地需要的基本工作要求,經(jīng)過調(diào)整仍然無法正常滿足演出要求的。乙方藝人長時(shí)間不提高自身業(yè)務(wù)水平與演出質(zhì)量, 水平停留不動(dòng), 表演質(zhì)量處于同一種狀態(tài)或不能達(dá)到要求無法滿足客戶與時(shí)俱進(jìn)要求的,甲方有權(quán)解除本協(xié)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(zé)任Article 5: Responsibility of Party B
1、 所有演出內(nèi)容, 演出時(shí)間, 演出行程表, 以及可能出現(xiàn)的不可預(yù)計(jì)臨時(shí)調(diào)整將始終由甲方負(fù)責(zé)并最終決定,乙方必須遵守,始終配合并執(zhí)行甲方制定的演出計(jì)劃,試音彩排,以及行程時(shí)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(shí)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(tuán)隊(duì)精神,同時(shí),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(wù)告知甲方任何第三方企圖干涉或預(yù)訂乙方工作的行為。當(dāng)甲方確認(rèn)第三方情況屬實(shí),收到第三方預(yù)定確認(rèn)合同和全額付款后,乙方享有甲方的80美金獎(jiǎng)勵(lì).
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(yán)禁吸毒,盜竊,色情和暴力活動(dòng), 不得有任何違法犯罪行為。否則,甲方有權(quán)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(fù)責(zé)在演出開始及結(jié)束后的安裝,測試,打包所有乙方演出相關(guān)的樂器及設(shè)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(dǎo)致甲方或第三方的相關(guān)物品損壞或遺失,乙方將承擔(dān)全部責(zé)任。同時(shí)乙方應(yīng)自行負(fù)責(zé)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(nèi)或國外的任何第三方簽訂有演出合同、經(jīng)紀(jì)合同、代理合同等,則由乙方自行處理解約事宜及承擔(dān)上述合同解除的法律責(zé)任,與甲方無關(guān),造成甲方損失的,甲方有權(quán)追究乙方的違約責(zé)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(nèi),非經(jīng)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(yán)重違約,乙方應(yīng)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(tuán)旗下以外的娛樂場所玩耍。違者一經(jīng)發(fā)現(xiàn),應(yīng)支付 300美金/次的違約金。如乙方在其他娛樂場所出現(xiàn)意外情況,甲方一概不承擔(dān)任何責(zé)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(dǎo)致不能完成約定的演出任務(wù)時(shí),乙方必須提供三甲醫(yī)院證明。任何無醫(yī)院證明的病假甲方將從其當(dāng)月應(yīng)當(dāng)發(fā)放的總月報(bào)酬中扣除2天工作日報(bào)酬。每發(fā)生一次,扣除一次。違反三次及以上的,甲方有權(quán)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(jù)乙方的表現(xiàn),及客戶或場地方的反饋,保留持續(xù)評估乙方才能以及適當(dāng)性的調(diào)整權(quán)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(yīng)支付違約金、賠償金或其他任何費(fèi)用的,甲方有權(quán)在乙方演出報(bào)酬中優(yōu)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?qū)е潞贤K止或無效的,甲方有權(quán)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(zé)任免除 Article 8 : Exclusion of liability
如不可抗力因素(戰(zhàn)爭、重大政治事件、疫情)的發(fā)生使雙方無法履行本演出合約時(shí),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(fā)生爭議,應(yīng)由甲、乙雙方協(xié)商解決;經(jīng)雙方協(xié)商無法解決,則甲、乙雙方均有權(quán)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(zhí)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(guān)法律法規(guī)調(diào)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:
英文合同 篇4
RETAINING CONTRACT
法律顧問合同
By and between
簽約方
Client
當(dāng)事人
And
Chongqing Guangxian Law Offices
重慶廣賢律師事務(wù)所
November, 20xx二O一三年十一月
目錄
1. The Parties 締約方 ........................................................................ 3
2. Backgrounds締約基礎(chǔ) .................................................................. 3
3. Services Rendered服務(wù)內(nèi)容與責(zé)任 ............................................. 4
4. Litigation or Arbitration Service訴訟和仲裁服務(wù) ....................... 5
5. Obligations of Client當(dāng)事人的義務(wù) ............................................. 6
6. Fee and Payment顧問費(fèi)用與支付 ............................................... 6
7. Work Implementation 工作方式 .................................................. 7
8. Remedies 違約責(zé)任 ...................................................................... 7
9. Supplementary Agreements 補(bǔ)充協(xié)議 ......................................... 8
10. Miscellaneous一般約定 .............................................................. 8
RETAINING CONTRACT
法律顧問合同
Contract Number: 合同號
1. The Parties 締約方 People’s Republic of China as of is entered into by and between:本服務(wù)合同(以下簡稱合同)于20xx年11月6日在中華人民共和國重慶市由以下雙方訂立:
1.1. (“Client”) 重慶當(dāng)事人(以下簡稱當(dāng)事人)
And 和
1.2. Chongqing GuangXian Law Offices (“Guangxian”), a recorded law firm underlaws of People’s Republic of China of which address is 162 3rd Zhongshan Lu, Eich Int'l Plaza 16/F, Yuzhong District, Chongqing, 400015, People's
Republic of China重慶廣賢律師事務(wù)所(以下簡稱廣賢),系根據(jù)中華人民共和國法律成立的注冊律師事務(wù)所,地址位于重慶市渝中區(qū)中山三路162號中安國際大廈16層,郵編:400015
1.3. Client and Guangxian shall hereinafter be referred to individually as the "Party"and collectively as the"Parties". 當(dāng)事人和廣賢可單獨(dú)稱為“一方”,合稱為“雙方”。
2. Backgrounds締約基礎(chǔ)
2.1. In accordance with the Lawyers Act and Contract Act of the People’s Republic
of China, Client engages Guangxian as its retained Attorneys to deal with legal affairs in its business operation.根據(jù)《中華人民共和國律師法》和《中華人民共和國合同法》,當(dāng)事人聘請廣賢處理法律事項(xiàng)。
2.2. Guangxian agrees to accept such engagement as stipulated in the last paragraph.
廣賢同意接受前述聘請。
INWITNESS THEREFORE, The Parties hereby agree as follows: 為此,雙方特此訂立如下條款:
3. Services Rendered by Guangxian to Client 廣賢的服務(wù)內(nèi)容與責(zé)任
3.1. Important Contract Review or Draft重大合同審查或起草
According to Client’s request Guangxian shall legally review or draft contract
documents for any kind of routine business including but not limited to the guarantee contract, loan contract, construction contract, technology contract, intellectual
property transfer or license contract, materials procurement contract, product sales agreement, service contract, labor contract etc. for Client without specialized project contract;應(yīng)當(dāng)事人要求,對當(dāng)事人擬簽訂各類重要合同,包括但不限于擔(dān)保合同、貸款合同、建設(shè)工程合同、技術(shù)合同、知識產(chǎn)權(quán)轉(zhuǎn)讓、許可使用合同、物資的采購協(xié)議、產(chǎn)品經(jīng)銷協(xié)議、產(chǎn)品服務(wù)協(xié)議、勞動(dòng)合同、勞務(wù)合同,進(jìn)行法律審查或起草合同文本,但屬于專項(xiàng)法律服務(wù)內(nèi)容的除外;
3.2. Internal Rules and Regulations Review 制度審查
According to Client’s request Guangxian shall review any important internal rules and regulations relevant to its employees, sales contributor, supplier or based on any legal or regulatory rules including environmental protection, fire fighting, accounting or financial issues;應(yīng)當(dāng)事人要求,就當(dāng)事人內(nèi)容涉及當(dāng)事人與其員工、經(jīng)銷商、供應(yīng)商或根據(jù)法律法規(guī)或監(jiān)管規(guī)則(例如:環(huán)境法規(guī)、消防法規(guī)、會計(jì)法或會計(jì)規(guī)則、財(cái)政稅法等)要求建立的,重要規(guī)章制度進(jìn)行法律審查。
3.3. Attorney’s Opinions 法律意見
According to Client’s request, Guangxian shall submit opinions for any issue revolved in Client’s business and internal management. 應(yīng)當(dāng)事人要求,就當(dāng)事人業(yè)務(wù)活動(dòng)和內(nèi)部經(jīng)營管理中涉及的`法律問題提供法律意見。
3.4. Attorney’s Letter發(fā)出律師函
According to Client’s request, to resolve all relevant disputes of both internal and outside business with Attorney’s Letter to Client’s debtor or relevant party.
應(yīng)當(dāng)事人要求,就當(dāng)事人在業(yè)務(wù)活動(dòng)及內(nèi)部經(jīng)營管理活動(dòng)中出現(xiàn)的各類糾紛提供咨詢意見或建議,發(fā)出律師函。
3.5. Legal Training法律知識培訓(xùn)
In accordance with Client’s request, Guangxian shall provide legal training for
Client’s relevant employees.應(yīng)當(dāng)事人要求,對當(dāng)事人的相關(guān)人員進(jìn)行法律知識和運(yùn)用技巧的培訓(xùn)或舉辦法律講座。
3.6. Documents Legal Review文件的法律審查
In accordance with Client’s request, review or draft any documents with legal binding force or take any obligation, including but not limit to post, publicity, representation, advertisement words, external promise or bids;
應(yīng)當(dāng)事人要求,就當(dāng)事人對外發(fā)布的具有法律約束力或以承擔(dān)一定義務(wù)為內(nèi)容的文件,包括但不限于公告、公示、聲明、廣告語、對外承諾、招標(biāo)文件等,進(jìn)行法律審查或擬定相關(guān)文本。
3.7. Deals Introduction
In accordance with the request of Client, recruit and introduce any partner or investment for Client, supply any operational project or relevant information;
根據(jù)當(dāng)事人的要求,招募并引薦合營或合作伙伴或投資者(以下簡稱引薦客戶),招募并引薦經(jīng)營項(xiàng)目或提供相關(guān)信息;
3.8. Monthly Report
Provide legal information pertained to the business of Client. Such kind of report shall be delivered monthly.
為當(dāng)事人經(jīng)營活動(dòng)按月提供法律信息。此類報(bào)告應(yīng)當(dāng)按月提供。
4. Litigation or Arbitration Service訴訟和仲裁服務(wù)
4.1. Guangxian’s service shall exclude litigation or arbitration. Client may consult
Guangxian for general analysis of any litigation before brings lawsuit or within three days after receiving a court summons. Guangxian shall supply legal
consulting service based hereunder.
廣賢律師提供的其它法律事務(wù)服務(wù)不包括訴訟仲裁業(yè)務(wù),當(dāng)事人訴訟業(yè)務(wù)
英文合同 篇5
contract for equipment sales and technology licensing
contract no. ____________________
this contract (hereinafter referred to as the “contract”) is made and entered into as of ________ (the date of signature ) in ________ (the place of signature) through friendly negotiation by and between _____________, a company incorporated and existing under the laws of ____________ with its registered address at _________________________________, and with its principal place of business at _________________________________ (hereinafter referred to as the “buyer”), and ____________________, a company incorporated and existing under the laws of the people’s republic of china with its registered address at _________________________________, and with its principal place of business at _________________________________(hereinafter referred to as the “seller”).
whereas, the buyer desires to engage the seller to provide the equipment, related design, technical documentation, technical service and technical training and to obtain from the seller a license of patent and/or know-how in relation to the erection, test run, commissioning, performance test,operation and maintenance for the equipment, as well as manufacture of the contract products. now it is hereby mutually agreed as follows:
article 1 definitions
1.1 “acceptance ”means the buyer accepted the equipment in accordance with article 11.5.
1.2 “commissioning” means the operation of the equipment in accordance with article 11.4 for the purpose of carrying out performance test.
1.3 “contract” means this contract signed by and between the buyer and the seller, including appendices attached which shall form an integral part of this contract.
1.4 “contract products” refers to all types of the products manufactured with patent and/or know-how under the contract, details of which are specified in appendix 1.
1.5 “destination airport” refers to _____________airport.
1.6 “effective date of the contract” means the date when the contract enters into force upon fulfillment of all the conditions stated in article 18.1.
1.7 “equipment” means the equipment, machinery, instruments, spare parts and materials supplied by the seller as listed in appendix 3.
1.8 “erection” means placing the equipment to the positions according to the design drawings, and connecting it with relevant equipment and utilities.
1.9 “improvement” refers to new findings and/or modifications made in the validity period of the contract by either party on patent and/or know-how in the form of new designs, formulas, recipes, ingredients, indices, parameters, calculations, or any other indicators.
英文合同 篇6
SALES CONTRACT
Whole Doc.
No:
Date:
For Account of:
Indent No:
This contract is made by and between the Sellers and the Buyers; Whereby the Sellers agree to sell and the Buyers agree to buy the undermentioned goods according to the terms and conditions stipulated below and overleaf:
。1) Names of commodity (ies) and specification(s)
。2) Quantity
。3) Unit price
(4) Amount
TOTAL:
__________% more or less allowed
。5) Packing:
(6) Port of Loading:
。7) Port of Destination:
。8) Shipping Marks:
(9) Time of Shipment: Within ____________________days after receipt of L/C, allowing transhipment and partial shipment.
。10) Terms of Payment:
By 100% Confirmed, Irrevocable and Sight Letter of Credit to remain valid for negotiation in China until the 15th day after shipment.
。11) Insurance:
Covers all risks and war risks only as per the Clauses of the People's Insurance Company of China for 110% of the invoice value.
To be effected by the Buyer.
(12) The Buyer shall establish the covering Letter of Credit before _________; failing which, the Seller reserves the right to rescind this Sales Contract without further notice, or to accept whole or any part of this Sales Contract, non-fulfilled by the Buyer, of to lodge claim for direct losses sustained, if any
。13) Documents: The Sellers shall present to the negotiating bank, Clean On Board Bill of Lading, Invoice, Quality Certificate issued by the China Commodity Inspection Bureau or the Manufacturers, Survey Report on Quantity/Weight issued by the China Commodity Inspection Bureau, and Transferable Insurance policy or Insurance Certificate when this contract is made on CIF basis.
。14) For this contract signed on CIF basis, the premium should be 110% of invoice value. All risks insured should be included within this contract. If the Buyer asks to increase the insurance premium or scope of risks, he should get the permission of the Seller before time of loading, and all the charges thus incurred should be borne by the Buyer.
。15) Quality/Quantity Discrepancy; 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 organizations and/or Post Office are liable.
。16) The Seller shall not be held liable 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.
(17) Arbitration:
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 may then be submitted for arbitration to China International Economic And Trade Arbitration Commission in accordance with the provisional Rules of Procedures promulgated by the said Arbitration Commission. The arbitration shall take place in Beijing and the decision of the Arbitration Commission 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 arbitration may be settled in the third country mutually agreed upon by both parties.
。18) The Buyer is requested always to quote THE NUMBER OF THE SALES CONTRACT in the Letter of Credit to be opened in favour of the Seller.
。19) Other Conditions:
Seller: Buyer:
英文合同 篇7
、 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.
ⅡThe period of service will be from the______day of______,20__ to the ______day of______,20__
、 The duties of Party B (see attached pages)
Ⅳ 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8
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 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 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 with all the technical service reports and relevant documentation within the Scope of Technical Services and within 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 Client’s personnel with 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 shall 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 Client 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 Client has received the following documents provided by Consultant and found them in order.
A. Ten (10) copies of technical service report on Item 2;
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 Client has received the following documents provided by Consultant and found them in order.
A. Ten (10) copies of technical service report on Item 3;
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 Client has received the following documents provided by Consultant and found them in order.
A. Ten (10) copies of technical service report on Item 4;
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 Client 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 _____ is:
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; and
D. Technical service report on Item 4: ________months after effectiveness of the Contract.
4.2 Consultant shall inform Client by fax when the Technical service reports are airmailed to Client indicating the date and number of airway bill. Client shall 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 Client with satisfactory services within the scope of work described in Appendix 1 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 1.
7.3 The Consultant‘s guarantee liability shall expire _____ months after its consultancy service is finally inspected and accepted by Client, or after final payment is made.
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 4; 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;
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 Sub-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 Correspondence 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.
Article 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 written form and become valid upon the signature of the authorized representatives of both parties. The valid amendments, supplements, subtractions, or alterations shall from an integral part of Contract and shall have the same legal force as the text of Contract.
15.6 All communications between the parties shall be in English in written form during implementation of Contract. Faxes concerning important matters shall be confirmed timely by registered or express mails.
15.7 The Contract is made in two counterparts each in Chinese and English, each of which shall deemed equally authentic. The Contract is in four (4) originals, two (2) for the Buyer and two (2) for the Seller.
Client: ________________________________________________.
Address: ______________________________________________.
Post Code: ____________________________________________.
Telephone: ________________. Fax: _________________.
E-mail: _______________________________________________.
Authorized Representative signature: ____________________.
Signing Date: __________________________________________.
Consultant: ____________________________________________.
Address: ______________________________________________.
Post Code :____________________________________________.
Telephone: ________________. Fax: _________________.
E-mail: _______________________________________________.
Authorized Representative signature: ___________________.
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