国际商务英语Chapter3EstablishmentofContract.ppt

Chapter 3,Establishment of Contract,A contract is an agreement between two or more persons (from doing, a particular thing in exchange for something via individuals, businesses, organizations or government agencies) to do, or to refrain lie.,The Definition of Contract,International Commercial Contract,A contract of international commerce between the parties coming form different countries may arise from an international sales of goods and /or services. In international business, a sales contract is a legal document made by and entered into between a seller and a buyer on the basis of their offer and acceptance. In the contract the right and obligation of both the parties are definitely stipulated. The contract is blinding on them.,Contractual Relations Involved in the International Transactions,Principal contract of sales between buyer and seller; Contract of carriage between consignor and carrier or freight-forwarder; Contract of insurance between insurer and insured; Contract between the buyer and the bank which issues a documentary credit or its electronic equivalent; Contracts between the buyer and the banks for payment under the terms of the documentary credit or electronic equivalent.,The Structure of Contract,Generally speaking, a formal contract of international trade or business consists of the following parts: Preamble Body Ending Appendix,Preamble,The full name of each party to the contract and their nationalities, type of entity, principal places of business or residential address Contract No., the date and the place of signature of the contract,Model : This contract is made on July 17,2007, by and between Siemens (hereinafter referred to as the Seller) and the Fujian Hua Tian Joint Venture (Hereinafter referred to as the Buyer) whereby the Seller has agreed to sell and the Buyer has agreed to buy electronic scanners (hereinafter referred to as contracted product). The qualities, specifications, quantity of the contracted product have been confirmed by both Parties and this contract is signed with the following terms and conditions:,Body,The type of the contract and the kind, scope of the subject matter of the contract; The technical conditions, quality, standard, specifications and quantities of the subject matter of the contract; Time limit, place and method of performance; Terms of price, amount and way of payment, and various additional charges; Whether the contract could be assigned or conditions for assignment; The compensation and other liabilities for breach of the contract; Ways for settlement of disputes in case of disputes arising from the contract;,Ending,It includes language to be used in the contract and their effectiveness. Model : The contract shall be written in Chinese and English. Both versions are equally authentic. In the event of any discrepancy between the two versions, the Chinese version shall prevail.,Appendix,Sometimes the parties to the international commercial contract may consult to set out an appendix in the contract. In this case, it must be declared that the appendix is the inseparable part of the contract.,Main Clauses of a Contract,Name and specifications of the commodity Quantity Pa