涉外英语合同讲义cldy.pptx

Contractual English1讨论下列句子用词是否准确、明白、严密，并说出原因1.The Seller shall deliver the goods before December 31,2003.2.The payment shall be made by Party B in a week.3.Party A shall send technicians to train Party Bs personnel.4.The goods are to be shipped by a steamer at a port on the West Coast as per bill of lading dated not later than Oct.30,2003.5.The shipment is to be effected bimonthly at 600 M/T each.6.The Seller shall be liable for any damage to the goods due to improper packing,inadequate or improper protective measures.7.This Contract can only be altered,in accordance with documents signed and sealed by representatives of both parties.8.All the activities of ABC Co.Shall be governed by the laws of China.99.The term of lease shall begin upon receipt of the Lessees acknowledgement of receipt of the leased object.10.The Lessee shall insure the leased object at the purchased price against fire.11.All charges,taxes,contributions and other duties directly relating to the financing lease contract shall be paid by the Lesser12.Received of Mr.John Smith a brief case containing US$10000 only for custody.13.The First Party shall cover the Second Partys international flight ticket.2Reference:1.The Seller shall deliver the goods before(on or before)December 31,2003.2.The payment shall be made by Party B in(within)a week.3.Party A shall send technicians(at Party Bs expense)to train Party Bs personnel(within 30 days after signing the Contract).4.The goods are to be shipped by a steamer at a port or ports on the West Coast as per bill or bills of lading dated or to be dated not later than Oct.30,2003.5.The shipment is to be effected bimonthly at 600 M/T each.6.The Seller shall be liable for any damage to the goods(and extra expenses)due to improper packing,inadequate or improper protective measures.7.This Contract can only be altered,(amended or supplemented)in accordance with documents signed and sealed by(authorized)representatives of both parties.8.All the activities of ABC Co.Shall be governed by the laws,(decrees,and pertinent rules and regulations)of China.(PRC)39.The term of lease shall begin upon receipt of the Lessees acknowledgement of receipt of the leased object(by the Lessor).10The Lessee shall insure the leased object at the purchased price against fire(for a period of/at the Lessees own expense).11.All charges,taxes,contributions and other duties directly relating to the financing lease contract shall be paid by the Lesser(at the time specified).12.Received of Mr.John Smith in room A201 a brief case said to contain US$10000 only for custody.13.The First Party shall cover the Second Partys(round)international flight ticket(from NY to SHA)4 约定俗成的契约用语及句型以下简称 hereinafter referred to as /hereinafter to be called as 方 甲方the First Party 乙方 the Second Party 中方the Chinese Party 外方 the Foreign Party 买方 the Buyer 卖方 the Seller 承租方 the Lessee 受聘方 the Engaged Party双方 both parties the present parties the parties hereto 合同双方 both parties to the contract 合营双方 both parties to the venture 签约双方 the contracting parties 本着的原则 in the light of the principle of adhering to the principle of 按照的原则 in conformity with 根据的精神 in accordance with 为了 With a view to doing sth.5特订立本 is hereby formulatedThe present Contract is worked out hereunder.An agreement is hereby concluded and entered into betweenThe Regulations hereunder are formulatedThis Contract is made this()day of (month)in Shanghai by and between First:AAA(hereinafter called“The Employer”)of the one part andSecond:Messers (hereinafter called“The Contractor”)of the other part具体条款如下The following provisions have been determined.The terms and conditions are as follows:ABC Co.Of Pakistan(hereinafter called Party A)and XYZ Co.Of China(hereinafter called Party B)through negotiations hereby agree to sign this contract this day of(month),20subject to the following conditions:6Home work:Translate the following into English1)中国AAA公司和 国BBB公司，根据中华人民共和国中外合资经营法和中国的其他有关法规，本着平等互利的原则，通过友好协商，同意在中华人民共和国上海市，共同投资举办合资经营企业，特订立本合同。2)中国国际旅行社长沙分社（以下简称甲方）与美国建筑公司（以下简称已方）就修建旅游宾馆一事，订立协议书。双方经充分讨论和协商，一致同意以下各条：3)中华人民共和国为了扩大国际经济合作和技术交流，允许外国公司、企业和其他经济组织或个人（以下简称外国合营者）按照平等互利的原则，经中国政府批准，在中华人民共和国境内，同中国的公司、企业和其他经济组织（以下简称中国合营者）共同举办合营企业。4)为了便于中华人民共和国中外合资经营法（以下简称中外合资经营法）的顺利实施，特制订本实施。5)根据中华人民共和国中外合资经营法的规定，为了对中外合资经营企业进行登记管理，保障合法经营，特制订本办法。6)根据中华人民共和国中外合资经营法及中华人民共和国中外合资经营法实施实施，为了明确中外合资经营企业注册资本与投资总额的比例，特制订本规定。7第一条 Article One 第 款 item/clause 第 章指定 designate1)The Second Party shall pay to the First Party at such place as the First Party may designate in writing.乙方应在甲方书面指定的地点向甲方支付款项。2)Either party may designate an arbitrator.双方均可指派仲 裁人员一名。to procure individual project 为其争取工程项目All the materials and equipment under the contract shall be procured by the Contractor for the government.After completing the formalities of procurement双方在共同完成争取项目之后，Feasibility study 可行性研究 project proposal 项目建议书 Articles of association公司章程 report of verification验资报告 Tender answer 答标 应改为 preparation of tender deliver sb.a commission fee 应改为 pay mission Should you bring about the sale of our company,we will pay you commission of US$.1)The Manufacturer agrees to pay representative a commission of%for every monthly turnover.2)It is represented that we have appointed AAA as our agent on a commission basis for five years.81.第八条第(一)项中“公路以及铁路干线”修改为“公路以铁路干线”;2.增加一项作为第(十)项目“利用核能和储存处置放射性物质的建设工程91.Another item is added as Item(10)“Construction projects using nuclear energy,storing and disposing of radioactive substances”.2.“highways and trunk railways”in Item(I)of Article 8 shall be amended to“highways and railways”;10Section 13 of the Livestock inspection Act is amended to read as follows:“Section 13”Paragraph 10 is deleted in its entirety.Section 1 is amended by inserting“or mules”after the word“horses.”111.Item(1)of Article 8 is amended by striking the words“highways and trunk railways”and by inserting the words“highways and railways”2.A new item is added and numbered Item(10)to read as follows“construction projects using nuclear energy,storing and disposing of radioactive substances”.12would 应改为 may The cost of the construction is to be fixed through negotiations between both parties,and to be borne by party AAA.scope of collaboration and area of activities合作范围和业务活动 地域 scope of business经营范围/业务范围 undertake 承接 contract project1)We undertake plant design,site installation,regular maintenance and technical training.2)The First Party shall undertake the construction of workers housing.the above-mentioned 上述的/该 /aforesaid /forgoing /said /in question 1)AAA hereby grants to ZZZ a license under the Letters Patent aforesaid.根据上述专利证书规定，甲方特向乙方颁发许可证。2)The restriction provided for in this paragraph shall apply only to the customers named in the aforesaid list.本节所提的限制仅限适用于列入上述名单中的那些客户。133)AAA Co.shall have and exercise,in addition to the foregoing,all powers,privileges,and rights conferred on subsidiaries.除了上述事项外，AAA Co拥有并行使授予一 般公司的一切权力，特权和权利。4)Having read and understood the foregoing conditions,I hereby agree to comply with them.5)It is understood and agreed that the foregoing embodies all understandings and agreements between the present parties.经理解同意，上述事项体现双方的一致意见。6)The foregoing provisions of this clause shall not apply to any matter furnished by the Sales Company.本条款中的上述几条规定并不适用于销售公司所提供的任何事 项。7)The foregoing provision shall become effective when the Manufacturer has fulfilled all requirements of the Buyer.当制造商得以满足买方的一切要求时，上述条款即 行生效。8)AAA shall employ such engineering firm as agreed between the parties to prepare said plans.甲方应根据双方同意的意见聘请这家工程式公司来草拟上述计划。AAA grants to ZZZ an exclusive license to manufacture products embodying the invention of said Letters Patents.甲方签发给乙方的专营许可证，以便乙方制造 含有该特许证书的创造发明内容的各种产品。9)If the Engineer adopts course C,the Purchaser shall enter into a direct contact with the person nominated for the work or plant in question.工程师若采纳了第套方案，买 方 则 应直接与制订经办该工程或工厂的人签订合同。14obtain prior consent from 必须事先争得 同意/许可 Except AAAs prior written consent,no party shall enter in or assume any mortgage.ZZZ shall not,without the consent of AAA,sell said licensed devices.Notice may be waived by the unanimous consent of all directors.“shall,will,may”1）The equipment shall remain the property of the Seller.(remains)2）The seller shall receive the down payment of US$ten thousand.tender document 标书 financial and credit condition 财务信用状况/financial resources/financial soundness/The Bidder may be requested by the government to submit a statement of facts in detail as to his financial resources.政府可要求投标人提交一份 有关其财力的详细报告。The supplier shall be of good standing in the business community with respect to its financial soundness and reliability of its products and service.供应商的财力及产品与服务可靠性在商业界颇有名望。Each bidder shall enclose with his bid a statement setting forth his financial condition.每位投标人须在其投标书中附上阐明自己财务状况的报表。15使用正式的词语 furnish=provide construe=explain require=ask forthwith=at once convene an interim meeting=hold a temporary meeting notify=inform 1)This contract shall be governed by and construed in accordance with the law of PRC.本合同应受中国法律管辖，并按中国法律解释。2)The Employer may object to and require the Contractor to replace forthwith any of its authorized representatives who is found incompetent.雇主对承包人委派的全 权代表认为不合格时得不予赞成并得要求立即撤换。3)The chairman may convene an interim meeting based on a proposal made by one-third of the total number of directors.董事长得根据董事会三分之一董事的提议，召集临时董事会议。4)During digging,if cables or pipelines are found,Party B shall stop working and notify Party A of(the)same.挖掘中如发现地下电费或管道时，乙方应停止挖掘 并将情况通知甲方。5)In case one party desires to sell or assign all or part of its investment subscribed,the other party shall have the preemptive right.如一方想出售或转证其所投资的全部 或一部分时，另一方应有购买优先权。6)In processing transactions,the manufacturers shall never have title either to the materials or the finished products.在加工贸易中，厂方对原料或成品均无所有权。7)The term“effective date”means the date on which this Agreement is duly executed by the parties hereto.“生效日”的意思是指本协议经订约双方签字的日子。16pertinent copies of 相关影印件 regulation regarding sth stipulated pre-qualification 投标人资格预审 tender bid 投标 应改为tender bidding submit tender document If a party fails to win a tender 应改为 Should either party fail to win a tender In case either party fails to win a tender In the event that any provision of this Article is breached by the Buyer,incur It is mutually agreed that all the cost and expenses incurred by trainees such as salaries,travel and living expenses,etc.will be borne by the Foreign Pe into force /remain in force/become effective /duplicate triplicate quadruplicate quintuplicate sextuplicate septuple The contract is written is Chinese version and English version,both languages being equally authentic.In the event of any discrepancy between the two aforesaid versions,the Chinese version shall prevail.In case of doubt as to the interpretation of any of the provisions of this Agreement,the English language version of this Agreement shall be controlling.17Survey Report3-1Survey cook&co.,Limited 应为 Charlea Cool&Co.,Ltd.查尔士柯克公司 Survey Report No.2576 检验报告第2576号 Steamer“Hai An”“海安”轮 e.g.S/S=steamship M.S.=motor ship Subject:damage to shipment of 女用内衣一批所受损害 Re:This is to certify that本报告证明/兹证明/特此证明 July 18,2003 This is to certify that John Morgan,of British nationality,male,aged 40,is an electronics expert in the employ of our institute.He holds a British passport and has taken up quarters with us:Flat 3,4th floor,Dormitory 12,the Institute of,Chinese Academy of Sciences.Mr.Morgans temporary residence is registered with the police station of District under the Public Security Bureau of the Municipal Peoples Government of Beijing.Chinese Academy of Sciences 3-2the undersigned surveyor 本公证人 did at the request of 应的要求 Messrs.American Textiles Co.,Ltd.美国纺织公司 Messrs.Henry Hudson&Co.,Ltd./Messrs.Smith&James,Inc.For account&risk of Messers Lawrence Blvd blvd=boulevard premises pl.房产;房屋(及其附属建筑,地基等)the above mentioned shipment 上述货物 The August shipment reached here promptly but upon the inspection by our survey to ascertain the extent and cause of damages 确定它所受损害的程度 和原因 same ex the Steamer“Hai An”per SS“Hai An”Via M/S“Hai An”thence by truck He went to London,and thence to Paris.the consignees premises 收货人所在地点 shipment 所运货物 local traders 当地商店3-4the consignee advised 据说 declared as torn and/or defective认为有破损和或质量问题 at the time of first survey 在第一次检验时 damages are as follows 损坏的程度如下 numerous pieces of the underwear were found damaged smears requiring perfect cleaning 污损需全部洗清 permanent stain and smear 顽固污迹 flaws such as holes and flaws in weaving 开裂漏针 open seams requiring mending 缝口脱线，必须修补 irreparable tear and scratches 无法修补的破损及擦破 We understand that the sound market value of this underwear in the perfect condition on the day of survey are as follows;我们知道在检 验当天，这种内衣正品的市价如下：Wholesale landed cost 起岸时批发价 market value 市价 We are of the opinion that it might be possible 我们认为最好 en bloc 全体,总 dispose of the shipment en bloc 整批卖出 well constructed wooden cases 很坚固的木箱包装 moisture-proof paper lined 再加防潮纸3-5secured with strips 并用铁条紧扎 This report is issued without prejudice.这个报告是毫无偏袒的 CHARLES COOK 7 CO.,LTD.查尔士柯克公司22Protocol4-1中华人民共和国山东省*工业大学和美利坚合众国科罗拉州*理工学院关于科学技术交流与合作的协定Agreement on scientific and technological exchange and cooperation between the polytechnic institute of Shandong province of the peoples Republic of China and the AA institute of technology of Colorado stateof the united states of America.Agreement on scientific and technological exchange and cooperation between the polytechnic institute of Shandong province of PR of China and the AA institute of technology of Colorado state of the USA4-2(1)Following sincere and friendly discussions,the polytechnic institute of Shandong province of the peoples republic of china and the AA institute of technology of Colorado state of the united states of America,with a view to strengthening the friendship bonds between the peoples of China and the peoples of the U.S.,to speeding up the development of scientific research and teaching of the two Institutes,and especially to promoting scientific and technological exchanges and co-operation between the two Institutes,have arrived at the following Agreement.(2)With a view to strengthening the friendship bonds between the peoples of China and the peoples of the U.S.,to speeding up the development of scientific research and teaching of the two Institutes,and especially to promoting scientific and technological exchanges and co-operation between the two Institutes,the polytechnic institute of Shandong province of the peoples republic of china and the AA institute of technology of Colorado state of the united states of America,after sincere and friendly discussions,have arrived at the following Agreement.4-3科学技术资料scientific and technological materials/information 促进双方科研水平的提高promote each others scientific research在对等的基础上on the basis of reciprocity互相派遣学者exchange visiting scholars进行参观学习make inspections,介绍各自的科研项目及进展情况report on research work作学术演讲give lectures委派appoint 经委派方继续委派可以续任 may be renewed if continuously appointed by the r