英文契约与写作 课程实践.doc

国际贸易英文契约训练磋商回顾：Part A：We are Beijing Xinshi Import Co.Ltd. We learn your advertisement from the internet, knowing that you are one of the largest exporter of coffee cups in British. We take the liberty to introduce us as one of the biggest import company in China. We hope to establish business relations between us and promote the relationship between our countries. We will appreciate that if you will let us know whether you are interested in the above items. If so, please quotation the cup with flowers for us.Part B：Thank you for your inquiry for our coffee cups of April 16. All the coffee cups can be supplied at the end of this month subject to receiving your orders. As requested, we are offering you the cups you required subject to our final confirmation. The price for cups with flowers is USD10 each at CIF Xingang port Tianjin. Being actual manufacturers, we are able to guarantee a uniform quality and excellent workmanship of our goods. Our price is very competitive for other good quality cups. We are looking forward to receiving of your large number of order.Part A: We are pleased to have received your letter of April 18 offering us the coffee cups with flowers at CIF Xingang port Tianjin USD10 per each. In reply, we regret to inform you that although we appreciate the design of you cup, we find your price is too high to be accepted. Another supplier in your market offered us the similar products at a price 3% lower. To step up the trade, we counter-offer you 10 thousand coffee cups with flowers at CIF Xingang port Tianjin USD8 per each. It is hoped that you would seriously take it into consideration and let us have your reply very soon. Part B: Im sorry to learn from your letter of April 19 that you find our prices are too high. We do our best to keep prices as low as possible with good quality. Considering the quality of the goods offered, we dont feel that the prices we quoted are high, but we are prepared to receive your quotation, and wish to make this the forerunner of many orders from you. We hope you will send us your formal order by return, which we will execute with our best attention.Part A: We thank you for your letter of April 20 ,enclosed is our Order No.240 for two of the items. All these items are urgently required by our customers. We, therefore, hope you will make delivery at an early date. Order No.240QuantityItemCatalogue No.Prices6000Coffee cups withRed rose43USD8 each (All the prices are CIF Xingang port Tianjin)Packing: In cartons with foam.Delivery: At the end of May13COFFEE CUP SALES CONTRACTContract No.: S02JA00588Signed at: London Date: 2013-05-10Seller: Oceany International Trade Co. ltd Address: No.5 Water Road, No.6 District , London, UKTel : 0044-132436389 Fax: 44-2076852469 E-mail: Buyer: Beijing Xinshi Import Co. LtdAddress: No. 7 Chaoyang Road, Wumen District, Beijing, ChinaTel :Fax:011-86-10-1243537 E-mail:X This contract is made by and between the Buyers and the Sellers; whereby the Buyers agree to buy and the Sellers agree to sell the under-mentioned goods subject to the terms and conditions as stipulated hereinafter: (1) Name of Commodity： Coffee cups(2) Quantity: 6000(3) Unit price: USD8(4) Total Value: USD48000(5) Packing: In cartons with foam (6) Country of Origin : The United Kingdom(7) Terms of Payment: CIF Xingang port Tianjin (8) Insurance: Covering All Risks for 110% of invoice value to be effected by the seller (9) Time of Shipment: 2013-05-20(10) Port of Lading: London(11) Port of Destination: Xingang Port Tianjin(12）Quantity/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 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 Organization or Post office are liable. (13) Claims: Within 45 days after the arrival of the goods at the destination, should the quality, Specifications or quantity be found not in conformity with the stipulations of the contract except those claims for which the insurance company or the owners of the vessel are liable. The Buyers shall, have the right on the strength of the inspection certificate issued by the C.C.I.C and the relative documents to claim for compensation to the Sellers. (14) Force Majeure: The sellers shall not be held responsible for the delay in shipment or non-deli-very of the goods due to Force Majeure, which might occur during the process of manufacturing or in the course of loading or transit. The sellers shall advise the Buyers immediately of the occurrence mentioned above the within fourteen days there after. The Sellers shall send by airmail to the Buyers for their acceptance certificate of the accident. Under such circumstances the Sellers, however, are still under the obligation to take all necessary measures to hasten the delivery of the goods. (15) Arbitration: All disputes in connection with the execution of this Contract shall be settled friendly through negotiation. In case no settlement can be reached, the case then may be submitted for arbitration to the Arbitration Commission of the China Council for the Promotion of International Trade in accordance with the Provisional Rules of Procedure promulgated by the said Arbitration Commission. The Arbitration committee shall be final and binding upon both parties. And the Arbitration fee shall be borne by the losing parties. (16) Notice:All notices shall be written in English and served to both parties by fax/courier according to the above address within three days after the change.(17) This Contract is executed in two counterparts each in Chinese and English, each of which shall be deemed equally authentic. This Contract is in four copies effective since being signed/sealed by both parties.The Buyer： The Seller: 咖啡杯销售合同 编号:S02JA00588签约地：伦敦 日期：2013-05-10卖方： 欧森尼国际贸易有限公司地址： 英国伦敦第六地区水路五号电话： 0044-132436389 传真：44-2076852469 电子邮箱：买方: 北京新市进口有限公司地址： 中国北京五门区朝阳路7号电话：传真：011-86-10-1243587 电子邮箱：X兹经买卖双方同意按照以下条款由买方购进，卖方售出以下商品： (1) 商品名称: 咖啡杯(2) 数 量： 6000 (3) 单 价： 8美元(4) 总 值： 48000美元 (5) 包 装： 带泡沫的纸箱(6) 生产国别： 英国(7) 支付条款： CIF 天津新港(8) 保 险： 按发票金额的110%投保一切险，由卖方负责投保。(9) 装运期限： 2013-05-20 (10) 起 运 港：伦敦港 (11) 目 的 港： 天津新港(12）品质/数量异议: 如买方提出索赔，凡属品质异议须于货到目的口岸之日起30天内提出，凡属数量异议须于货到目的口岸之日起15天内提出。对所装货物所提任何异议属于保险公司、轮船公司、其他有关运输机构或邮递机构所负责的，卖方不负任何责任。(13)索赔：在货到目的口岸45天内如发现货物品质，规格和数量与合同不符，除属保险公司或船方责任外，买方有权凭中国商检出具的检验证书或有关文件向卖方索赔换货或赔款。 (14)不可抗力：由于人力不可抗力的原由，发生在制造、装载或运输的过程中导致卖方延期交货或不能交货者，卖方可免除责任。在不可抗力发生后，卖方须立即电告买方及在14天内以空邮方式向买方提供事故发生的证明文件，在上述情况下，卖方仍须负责采取措施尽快发货。 (15）仲裁：凡有关执行合同所发生的一切争议应通过友好协商解决，如协商不能解决，则将分歧提交中国国际贸易促进委员会按有关仲裁程序进行仲裁，仲裁将是终局的，双方均受其约束，仲裁费用由败诉方承担。(16) 通知： 所有通知用英文写成，并按照如上地址用传真/快件送达给各方。如果地址有变更，一方应在变更后3日内书面通知另一方。（17）本合同为中英文两种文本文，两种文本具有同等效力。本合同一式四份。自双方签字（盖章）之日起生效。买方： 卖方: （授权签字） （授权签字）EXPORT EXCLUSIVE AGENCY AGREEMENTThis agreement is made and entered into by and between the parties concerned on China on June，25 th 2013 the basis of equality and mutual benefit to develop business on terms and conditions mutually agreed upon as follow：(1)The Parties ConcernedParty A：Oceany International Trade Co. ltdAdd：No.5 Water Road, No.6 District , London, UKTel：0044-132436389Fax：44-2076852469Party B：Beijing Guyu Import Co. LtdAdd：No. 7 Chaoyang Road, Haidian District, Beijing, ChinaTelax：011-86-10-1243545(2)Appointment Party A hereby appoints Party B as its Exclusive Agent to solicit orders for the commodity stipulate in Article 3 from customers in the territory stipulated in Article 4，and Party B accepts and assumes such appointment.(3)Products:Products referred in this agreement are toys, stationery and other products Party A manufacture.(4)TerritoryIn China only(5)Minimum turnoverParty B shall undertake to solicit orders for the above commodity from customers in the above territory during the effective period of this agreement for not less than USD8.(6)Price and PaymentThe price for each individual transaction shall be fixed through negotiations between Party B and the buyer， and subject to Party A final confirmation. Payment shall be made by confirmed， irrevocable L/C opened by the buyer in favor of Party A ，which shall reach Party A 15 days before the date of shipment.(7)Exclusive RightIn consideration of the exclusive rights granted herein， Party A shall not， directly or indirectly， sell or export the commodity stipulated in Article 4 to customers in China through channels other than Party B； Party B shall not sell， distribute or promote the sales of any products competitive with or similar to the above commodity in China and shall not solicit or accept orders for the purpose of selling them outside of China. Party A shall refer to Party B any enquiries or orders for the commodity in question received by Party A from other firms in China during the validity of this agreement.(8)Market ReportIn order to keep Party A well informed of the prevailing market conditions， Party B should undertake to supply Party A， at least once a quarter or at any time when necessary， with market reports concerning changes of the local regulations in connection with the import and sales of the commodity covered by this agreement， local market tendency and the buyers comments on quality， packing， price， etc. of the goods supplied by Party A under this agreement. Party B shall also supply party A with quotations and advertising materials on similar products of other suppliers.(9)Advertising and ExpensesParty A shall bear all expenses for advertising and publicity in connection with the commodity in question in Singapore within the validity of this agreement， and shall submit to Party A all audio and video materials intended for advertising for prior approval.(10)Commission Party A shall pay Party B a commission of 5% on the net invoiced selling price on all orders directly obtained by Party B and accepted by party A. No commission shall be paid until Party A receives the full payment for each order.(11)Transactions Between Governmental Bodies Transactions concluded between govermental bodies of Party A and Party B shall not be restricted by the terms and conditions of this agreement， nor shall the amount of such transactions be counted as part of the turnover stipulated in Article 5.(12)Industrial Property Rights Party B may use the trade-marks owned by Party A for the sale of thecovered herein within the validity of this agreement， and shall acknowledge that all patents， trademarks， copy rights or any other industrial property rights used or embodied shall remain to be the sole properties of Party A. Should any infringement be found， Party B shall promptly notify and assist Party A to take steps to protect the latters rights.(13)Validity of Agreement This agreement， when duly signed by the both parties concerned， shall remain if force from June 25th，2013toJune 25 th,2013，and it shall be extended for another one months upon expiration unless notice in writing is given to the contrary.(14)TerminationDuring the validity of this agreement， if either of the two parties is found to have violated the stipulations herein， the other party has the right to terminate this agreement.(15)Force Majeure Either party shall not be held responsible for failure or delay to perform all or any part of this agreement due to flood， fire， earthquake， draught， war or any other events which could not be predicted， controlled， avoided or overcome by the relative party. However， the party affected by the event of Force Majeure shall inform the other party of its occurrence in writing as soon as possible and thereafter send a certificate of the event issued by the relevant authorities to the other party within 15 days after its occurrence.(16)Arbitration All disputes arising from the performance of this agreement shall be settled through friendly negotiation. Should no settlement be reached throught negotiation， the case shallthen be submitted for arbitration to the China International Economic and Trade Arbitration Commission （Beijing） and the rules of this Commission shall be applied. The award of the arbitration shall be final and binding upon both parties.Party A（Signature） ： Party B（Signature）：出口独家代理协议本协议于