精华:商务英语合同与协议写作
商务英语合同模板

商务英语合同合同编号:__________甲方(买方):__________地址:__________电话:__________传真:__________电子邮箱:__________乙方(卖方):__________地址:__________电话:__________传真:__________电子邮箱:__________鉴于甲方有意向购买乙方提供的商务英语培训服务,乙方愿意按照本合同规定的条款和条件向甲方提供该服务,双方本着平等互利的原则,经过友好协商,达成如下合同条款:第一条服务内容1.1 乙方同意向甲方提供商务英语培训服务,具体服务内容如下:- 课程名称:__________- 课程时长:__________- 课程形式:__________- 开课时间:__________- 结课时间:__________- 授课地点:__________1.2 乙方应保证所提供的服务符合行业标准,并满足甲方的合理要求。
第二条服务费用及支付方式2.1 服务费用总额为人民币(大写)__________元整(¥__________)。
2.2 甲方应在合同签订之日起五个工作日内支付总费用的50%作为预付款,即人民币(大写)__________元整(¥__________)。
2.3 余款人民币(大写)__________元整(¥__________)应在课程结束并经甲方确认满意后五个工作日内支付。
第三条双方的权利和义务3.1 甲方的权利和义务:- 甲方有权要求乙方按照合同约定提供服务。
- 甲方应按时支付服务费用。
- 甲方应提供必要的协助和支持,以便乙方顺利提供服务。
3.2 乙方的权利和义务:- 乙方有权按照合同约定收取服务费用。
- 乙方应按照合同约定提供高质量的服务。
- 乙方应保证授课教师具备相应的资质和经验。
第四条保密条款4.1 双方应对在合同履行过程中知悉的对方的商业秘密和技术秘密负有保密义务,未经对方书面同意,不得向第三方披露。
商务英语作文签订合同模板

商务英语作文签订合同模板[Your Name][Your Position][Your Company Name][Company Address][City, State, ZIP Code][Email Address][Phone Number][Date][Recipient's Name][Recipient's Position][Recipient's Company Name][Company Address][City, State, ZIP Code]Subject: Contract AgreementDear [Recipient's Name],I am writing to confirm our agreement and formally sign the contract for [Brief Description of the Contract]. We are delighted to initiate this partnership with your esteemed company, [Recipient's Company Name], and we are confident that this collaboration will yield mutually beneficial results for both parties.As discussed in our previous meetings and negotiations, we have outlined the terms and conditions of the contract below:1. Parties Involved:- [Your Company Name], represented by [Your Name]- [Recipient's Company Name], represented by [Recipient's Name]2. Contract Duration: [Start Date] through [End Date]3. Scope of Work:- Detailed description of the tasks, activities, or services to be performed by each party- Specific timelines and milestones4. Deliverables:- List of deliverables, including any reports, products, or services to be provided by each party- Quality standards and specifications5. Payment Terms:- Compensation structure, including the payment method, frequency, and currency- Invoicing details and conditions6. Confidentiality:- Protection of sensitive information, trade secrets, and intellectual property- Non-disclosure agreement7. Intellectual Property Rights:- Ownership of any intellectual property created during the contract period- Usage rights and restrictions8. Termination Clause:- Conditions for terminating the agreement by either party- Notice period and consequences9. Governing Law and Jurisdiction:- Applicable law and jurisdiction in the event of a dispute10. Force Majeure:- Provisions for unforeseen circumstances, such as natural disasters or civil unrest11. Entire Agreement:- This contract represents the entire agreement between the parties and supersedes any previous discussions or agreements.Please review the attached contract carefully and if you find the terms and conditions acceptable, please sign and return a scanned copy to [Your Email Address] by [Due Date].By signing this contract, both parties acknowledge their understanding and commitment to fulfilling the obligations outlined herein.We are excited about this opportunity and believe that our partnership will contribute significantly to our mutual growth and success. If you have any questions or require further clarification, please do not hesitate to contact me.Thank you for your attention to this matter. We look forward to asuccessful collaboration. Yours sincerely, [Your Name][Your Position] [Your Company Name]。
商务类英文合同范本

商务类英文合同范本THIS AGREEMENT is made on the __________ day of __________, 2024,BETWEEN:[COMPANY NAME], a company incorporated under the laws of [COUNTRY/STATE], having its registered office at [ADDRESS], hereinafter referred to as "Contractor"; and[CLIENT NAME], having its principal place of business at [ADDRESS], hereinafter referred to as "Client".WHEREAS, the Client desires to engage the services of the Contractor for the purpose of [SPECIFY SERVICE], and the Contractor has agreed to provide such services upon the terms and conditions set forth herein.NOW, THEREFORE, in consideration of the mutual covenants and promises contained herein, the parties agree as follows:1. Scope of Services: The Contractor shall provide the following services to the Client: [DETAILS OF THE SERVICES TO BE PROVIDED].2. Term of Agreement: This Agreement shall commence on the date first above written and shall continue until [TERMINATION DATE], unless earlier terminated in accordancewith the provisions of this Agreement.3. Fees and Payment: The Client shall pay the Contractor a fee for the services rendered as follows: [DETAILS OF FEE STRUCTURE, PAYMENT TERMS, AND SCHEDULE].4. Confidentiality: Both parties agree to keep confidential all information obtained from the other party in connection with this Agreement, except as required by law or with the prior written consent of the other party.5. Intellectual Property: All intellectual property rights in the work product created by the Contractor for the Client shall be owned by the Client, subject to payment in full of all fees due under this Agreement.6. Warranty and Liability: The Contractor warrants that the services will be performed in a professional and workmanlike manner. The Contractor's liability for any breach of this warranty shall be limited to the re-performance of the services. In no event shall the Contractor be liable for any indirect, special, incidental, or consequential damages.7. Termination: Either party may terminate this Agreement upon [NOTICE PERIOD] written notice to the other party if the other party breaches any material term of this Agreement and fails to cure such breach within [CURE PERIOD] days after receiving written notice of such breach.8. Force Majeure: Neither party shall be liable for any failure or delay in performing its obligations under thisAgreement to the extent that such failure or delay is caused by circumstances beyond the reasonable control of that party.9. Indemnification: The Client shall indemnify and hold the Contractor harmless against any claims, damages, or expenses arising out of or in connection with the Client's use of the services provided by the Contractor.10. Governing Law and Dispute Resolution: This Agreementshall be governed by and construed in accordance with the laws of [COUNTRY/STATE]. Any disputes arising out of or in connection with this Agreement shall be resolved by arbitration in accordance with the rules of [ARBITRATION INSTITUTE].11. Entire Agreement: This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior negotiations, understandings, and agreements between the parties.12. Amendments: This Agreement may be amended only in writing signed by both parties.13. Notices: All notices under this Agreement shall be in writing and shall be deemed duly given when delivered personally or by email to the addresses set forth below the signatures of the parties or to such other address as either party may designate in writing.IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first above written.[COMPANY NAME]By: ___________________________ [NAME OF AUTHORIZED SIGNATORY] [CLIENT NAME]By: ___________________________[NAME OF AUTHORIZED SIGNATORY] Title: ___________________________[ADDRESSES OF THE PARTIES]。
商务英语合同(2篇)

商务英语合同甲方(卖方):名称:_______地址:_______联系方式:_______乙方(买方):名称:_______地址:_______联系方式:_______鉴于甲方愿意出售,乙方愿意购买以下商品/服务,双方达成如下协议:1. 商品/服务描述1.1 甲方同意出售,乙方同意购买以下商品/服务:商品/服务名称:_______规格/型号:_______数量:_______2. 价格及支付方式2.1 乙方同意按照以下价格购买上述商品/服务:单价:_______总价:_______2.2 乙方应按照以下方式支付货款:支付方式:_______支付期限:_______3. 交货及验收3.1 甲方应在合同签订后_______日内完成交货。
3.2乙方应在收到商品/服务后_______日内进行验收。
如乙方对商品/服务有异议,应在验收期内提出,否则视为乙方已接受该商品/服务。
4. 质量保证4.1 甲方保证所提供的商品/服务符合双方约定的质量标准。
4.2若乙方发现商品/服务存在质量问题,甲方应在接到通知后_______日内予以解决。
5. 违约责任5.1若甲方未能按照约定履行交货义务,乙方有权解除合同,并要求甲方支付违约金,违约金为合同总价的_______%。
5.2若乙方未能按照约定支付货款,甲方有权解除合同,并要求乙方支付违约金,违约金为合同总价的_______%。
6. 争议解决6.1 双方在履行合同过程中发生的争议,应首先通过友好协商解决。
6.2 若协商无果,任何一方均可向合同签订地的人民法院提起诉讼。
7. 其他条款7.1 本合同一式两份,甲乙双方各执一份。
7.2 本合同自双方签字(或盖章)之日起生效。
甲方(卖方)签字:_______乙方(买方)签字:_______商务英语合同(二)Contract No.: ___________Date: ___________This Contract (the "Contract") is made and entered into as of the date first above written, by and between the following parties:Party A (the "Seller"):Name: ___________Address: ___________Tel: ___________Fax: ___________E-mail: ___________Party B (the "Buyer"):Name: ___________Address: ___________Tel: ___________Fax: ___________E-mail: ___________WHEREAS, Party A desires to sell and Party B desires to buy the Products (as defined below) on the terms and conditions set forth herein;NOW, THEREFORE, in consideration of the mutual covenants and agreements set forth herein, the parties hereto agree as follows:1. Definitions(a) "Products" means the goods and services to be provided by Party A to Party B under this Contract, as more particularly described in Exhibit A attached hereto.(b) "Purchase Price" means the total price to be paid by Party B to Party A for the Products, as set forth in Exhibit B attached hereto.(c) "Delivery Date" means the date on which Party A shall deliver the Products to Party B, as set forth in Exhibit C attached hereto.2. Sale and Purchase of Products(a) Party A agrees to sell, and Party B agrees to buy, the Products in accordance with the terms and conditions of this Contract.(b) The Purchase Price for the Products shall be paid by Party B to Party A in accordance with the payment terms set forth in Exhibit B attached hereto.3. Delivery and Acceptance(a) Party A shall deliver the Products to Party B on or before the Delivery Date.(b) Party B shall inspect the Products upon delivery and notify Party A of any defects or non-conformities within five (5) days after delivery. If Party B fails to notify Party A within such period, the Products shall be deemed to have been accepted by Party B.4. Warranties(a) Party A warrants that the Products are free from any liens and encumbrances.(b) Party A warrants that the Products conform to the specifications set forth in Exhibit A attached hereto.5. Force MajeureNeither party shall be liable for any failure or delay in the performance of its obligations under this Contract due to any cause beyond its reasonable control, including but not limited to acts of God, labor disputes, or disruptions in transportation.6. Termination(a) Either party may terminate this Contract upon written notice to the other party if the other party breaches any material term or condition of this Contract and fails to cure such breach within thirty (30) days after receipt of written notice of such breach.(b) In the event of termination, the parties shall settle all outstanding obligations and liabilities in accordance with the terms of this Contract.7. Governing Law and Dispute ResolutionThis Contract shall be governed by and construed in accordance with the laws of___________ ( specify the jurisdiction). Any disputes arising out of or in connection with this Contract shall be resolved by arbitration in accordance with the rules of the___________ ( specify the arbitration institution).8. Miscellaneous(a) This Contract constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior agreements, negotiations, and understandings, whether written or oral.(b) This Contract may be amended or modified only by a written instrument executed by both parties.(c) This Contract may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.IN WITNESS WHEREOF, the parties have executed this Contract as of the date first above written.PARTY A:_________________________(Signature)_________________________(Printed Name)_________________________(Title)PARTY B:_________________________(Signature)_________________________(Printed Name)_________________________(Title)。
商务英语合同(共五则范文)

商务英语合同(共五则范文)第一篇:商务英语合同本文《商务英语合同写作经典句子及其词组》关键词:英语学习,英语考试,英语辅导,外语培训,考试信息,经验1、本合同用英文和中文两种文字写成,一式四份。
双方执英文本和中文本各一式两份,两种文字具有同等效力。
The contract is made out in English and Chinese languages in quadruplicate, both texts being equally authentic, and each Party shall hold two copies of each text.2、本合同由双方代表于1999年12月9日签订。
合同签订后,由各方分别向本国政府当局申请批准,以最后一方的批准日期为本合同的生效日期,双方应力争在60天内获得批准,用电传通知对方,并用信件确认。
若本合同自签字之日起,6个月仍不能生效,双方有权解除本合同。
This contract is signed by the authorized representatives of both parties on Dec.9, 1999.After signing the contract, both parties shall apply to their respective Government Authorities for ratification.The date of ratification last obtained shall be taken as the effective date of the Contract.Both parties shall exert their utmost efforts to obtain the ratification within 60 days and shall advise the other party by telex and thereafter send a registered letter for confirmation.3、本合同有效期从合同生效之日算起共10年,有效期满后,本合同自动失效。
英文商务合同范本6篇

英文商务合同范本6篇篇1Contract Number: [合同编号]Date: [合同签订日期]Between:[甲方公司名称]* Address: [甲方公司地址]* City: [甲方公司城市]* Country: [甲方公司国家]* Phone: [甲方公司电话]* Fax: [甲方公司传真]* E-mail: [甲方公司邮箱]* Website: [甲方公司网站][乙方公司名称]* Address: [乙方公司地址]* City: [乙方公司城市]* Country: [乙方公司国家]* Phone: [乙方公司电话]* Fax: [乙方公司传真]* E-mail: [乙方公司邮箱]* Website: [乙方公司网站] Contract Details:* Contract Type: [合同类型]* Contract Value: [合同金额]* Payment Terms: [付款条款] * Delivery Terms: [交货条款]* Insurance: [保险条款]* Warranty Period: [保修期条款] * Force Majeure: [不可抗力条款] * Arbitration: [仲裁条款] Contract Details:This contract is made between [甲方公司名称] and [乙方公司名称], for the supply of [产品名称] to [乙方公司名称]. The terms and conditions of this contract are as follows:1. Contract Type: This is a fixed price contract for the supply of [产品名称]. The total value of the contract is [合同金额].2. Payment Terms: The payment shall be made in full upon receipt of the goods and acceptance by the buyer. The payment shall be made to the following bank account: [甲方公司银行账号]. Any bank charges incurred shall be borne by the buyer.3. Delivery Terms: The delivery shall be made within [交货时间]. The goods shall be shipped from [发货地点] to [收货地点]. The risk of loss or damage to the goods shall pass to the buyer upon delivery.4. Insurance: The buyer shall be responsible for arranging insurance coverage for the goods during transit. The cost of the insurance shall be borne by the buyer.5. Warranty Period: The seller warrants that the goods are free from defects in material and workmanship for a period of [保修期时间]. During this period, the seller shall repair or replace any defective goods at no cost to the buyer.6. Force Majeure: Neither party shall be liable for any failure to perform its obligations under this contract due to causes beyond its reasonable control, including but not limited to acts of God, war, strike, lockout, or other labor disputes. In such cases, the affected party shall give prompt notice to the other party and shall use reasonable efforts to resume performance of its obligations as soon as possible.7. Arbitration: Any disputes arising out of or in connection with this contract shall be submitted to arbitration in accordance with the Rules of Arbitration of the International Chamber of Commerce (ICC). The place of arbitration shall be Paris, France, and the language of arbitration shall be English. The decision of the arbitration tribunal shall be final and binding on both parties. The cost of arbitration shall be borne by the losing party.Signature:[甲方公司名称] (Signature): [甲方代表签名]Date: [甲方代表签名日期][乙方公司名称] (Signature): [乙方代表签名]Date: [乙方代表签名日期]篇2Contract Number: [合同编号]Date: [签订日期]Between:[甲方公司名称]Address: [甲方公司地址]City: [甲方公司城市]Country: [甲方公司国家]And[乙方公司名称]Address: [乙方公司地址]City: [乙方公司城市]Country: [乙方公司国家]The parties hereto are willing to be bound by the following contract:1. Definitions1.1 "Products" shall mean the products listed in Annex A, together with any other products subsequently agreed in writing by the parties.1.2 "Services" shall mean the services to be provided by Party B to Party A as set out in Annex B.1.3 "Technical Assistance" shall mean the provision of technical assistance by Party B to Party A as set out in Annex C.1.4 "Confidential Information" shall mean all information designated as confidential or proprietary to one party or the other, whether oral or written, and whether or not such information is classified or marked as such.1.5 "Force Majeure" shall mean any cause beyond the reasonable control of either party, including but not limited to war, strikes, lockouts, natural disasters, fires, explosions, riots, terrorism, government actions or regulations, delays in transportation or inability to obtain supplies of energy or raw materials.2. Scope of Contract2.1 Party B shall supply to Party A the Products and provide the Services and Technical Assistance as set out in Annexes A, B and C respectively. The quantity, quality and specifications of theProducts, as well as the scope and manner of providing the Services and Technical Assistance, shall comply with the provisions of these Annexes.2.2 This contract shall not oblige Party B to provide any products, services or technical assistance to any other party, nor shall it obligate Party A to purchase from Party B any products or services other than those specified in this contract.3. Prices and Terms of Payment3.1 The prices for the Products, Services and Technical Assistance are set out in Annexes A, B and C respectively. Payment terms and methods shall be as stipulated in Annexes A, B and C.3.2 Invoices for the Products, Services and Technical Assistance shall be submitted by Party B to Party A monthly in arrears and paid by Party A within 30 days of receipt of invoice.3.3 All prices are in [合同指定货币],unless otherwise stated in the relevant annexes.3.4 All payments made by Party A to Party B under this contract shall be made directly to the bank account nominated by Party B.4. Delivery and Acceptance of Products4.1 Delivery of the Products shall be made to the destination specified in Annex A, at the expense of Party A, within the timeframe specified in that annex. The risk of loss or damage to the Products shall pass to Party A upon delivery at the destination specified in Annex A.4.2 Party A shall inspect and accept or reject the Products within 30 days of delivery at the destination specified in Annex A. If no written acceptance or rejection is given within this period, the Products shall be deemed to have been accepted by Party A.4.3 If any Products are rejected by Party A, Party B shall promptly replace or refund the cost of such Products in accordance with the provisions of Annex A.5. Warranty and Liability篇3Contract Number: [合同编号]Date: [签订日期]Party A: [甲方公司名称]Address: [甲方公司地址]Contact: [甲方联系人]Tel: [甲方联系电话]E-mail: [甲方电子邮箱]Party B: [乙方公司名称]Address: [乙方公司地址]Contact: [乙方联系人]Tel: [乙方联系电话]E-mail: [乙方电子邮箱]The parties, in order to jointly develop and promote the business, after friendly consultation, reached the following agreement:1. Contract Object and ScopeThis contract is signed to jointly develop and promote the business between Party A and Party B. The specific contents of the cooperation are detailed in Clause 3.2. Rights and Obligations of the Parties(1) Party A shall provide the necessary support and cooperation to Party B in the performance of its obligations under this contract, including but not limited to providing relevant information and data, assisting in communication andcoordination, and facilitating the smooth progress of the cooperation.(2) Party B shall fully perform its obligations under this contract, including but not limited to completing the agreed work within the specified time limit, maintaining confidentiality of confidential information, and complying with all applicable laws and regulations.(3) Both parties shall respect each other's intellectual property rights and confidential information, and shall not disclose or use the same without the other party's permission.3. Details of Cooperation(1) Party A and Party B shall jointly identify and pursue business opportunities in [特定领域], with Party B responsible for providing professional advice and services.(2) Both parties shall share equally in the profits generated from the cooperation, with each party entitled to a 50% share of the net income.(3) The cooperation is expected to last for [合作期限], after which both parties may negotiate to renew or terminate the contract.4. Payment Terms(1) Party B shall submit invoices for the services rendered under this contract to Party A on a monthly basis.(2) Party A shall pay Party B's invoiced amount within [付款期限], after deducting any applicable taxes and charges.(3) Both parties shall comply with all applicable payment and tax regulations.5. Termination of ContractThis contract may be terminated by either party under the following circumstances:(1) The other party materially breaches this contract and fails to cure the breach within a reasonable period of time;(2) The continuation of this contract is illegal or impossible due to changes in applicable laws or regulations; or(3) The parties mutually agree to terminate the contract.6. Dispute ResolutionAny disputes arising from or related to this contract shall be resolved through friendly consultation. If no agreement can be reached, either party may submit the dispute to [仲裁机构] for arbitration, which shall be the exclusive jurisdiction to resolve any disputes arising from or related to this contract. Thearbitration shall be conducted in [仲裁地点]. The parties hereby waive any right to appeal or take any other remedial action against the arbitration award.7. Miscellaneous Provisions(1) This contract is effective as of the date of signing by both parties.(2) This contract may be amended or supplemented by written agreement between the parties. Any such amendments or supplements shall be deemed part of this contract for all purposes.(3) This contract shall be governed by and interpreted in accordance with the laws of [适用法律国家].Party A: [甲方公司公章]Authorized Representative: [甲方授权代表签字]Date: [签订日期]Party B: [乙方公司公章]Authorized Representative: [乙方授权代表签字]Date: [签订日期]篇4Contract Number: [合同编号]Date: [签订日期]Business Name: [公司名称]Address: [公司地址]City: [公司城市]State: [公司州]Zip Code: [公司邮编]Country: [公司国家]Phone: [公司电话]Fax: [公司传真]Email: [公司邮箱]Website: [公司网站]Second Party:Business Name: [公司名称]Address: [公司地址]State: [公司州]Zip Code: [公司邮编] Country: [公司国家] Phone: [公司电话]Fax: [公司传真]Email: [公司邮箱] Website: [公司网站] Third Party:Business Name: [公司名称] Address: [公司地址] City: [公司城市]State: [公司州]Zip Code: [公司邮编] Country: [公司国家] Phone: [公司电话]Fax: [公司传真]Website: [公司网站]Contract Details:1. Contract Type: This is a contract for the purchase of goods and services from the Second Party by the First Party. The Third Party is engaged as a subcontractor to provide specific services to the Second Party. All parties are collectively referred to as "Parties" in this contract. 具体内容:本合同为第一方向第二方购买商品和服务的合同。
商务英文合同模板简短

商务英文合同模板简短This Commercial Contract (the "Contract") is made and entered into on [Date], by and between [Company Name], having its principal place of business at [Address] (the "Company"), and [Client Name], having its principal place of business at [Address] (the "Client").1. ServicesThe Company agrees to provide the following services to the Client:- [Description of services]- [Description of services]- [Description of services]2. PaymentThe Client agrees to pay the Company the sum of [Amount] for the services provided. Payment shall be made in [Payment Schedule], with the first payment due upon signing of this Contract.3. TermThis Contract shall commence on [Start Date] and continue until [End Date], unless terminated earlier in accordance with Section 4.4. TerminationEither party may terminate this Contract by providing written notice to the other party at least [Number] days prior to the intended termination date. In the event of termination, the Client shall pay the Company for all services rendered up to the termination date.5. ConfidentialityBoth parties agree to keep confidential all information disclosed during the term of this Contract. This includes but is not limited to, proprietary information, trade secrets, and client data.6. Intellectual PropertyAny intellectual property created by the Company in connection with the services provided under this Contract shall remain the property of the Company. The Client is granted a non-exclusive license to use such intellectual property for the purposes agreed upon in this Contract.7. Governing LawThis Contract shall be governed by and construed in accordance with the laws of[State/Country].8. ArbitrationAny disputes arising out of or relating to this Contract shall be resolved by arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall take place in [City, State].9. Entire AgreementThis Contract constitutes the entire agreement between the Company and the Client with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements and understandings, whether oral or written.IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed by their duly authorized representatives as of the date first above written.[Company Name]By: ____________________________Name: __________________________Title: ___________________________[Client Name]By: ____________________________Name: __________________________Title: ___________________________[Date]。
商务类 英文合同范本

商务类英文合同范本这是一份商务类英文合同范本,你可以根据具体情况进行修改和调整。
合同名称1. 甲方:[甲方名称]地址:[甲方地址]联系电话:[甲方联系电话]2. 乙方:[乙方名称]地址:[乙方地址]联系电话:[乙方联系电话]鉴于:第 1 条定义和解释“协议”指本合同及其所有附件。
“工作日”指除周六、周日和中国法定节假日以外的日子。
“附件”指本合同的附录。
“产品”指乙方根据本合同向甲方提供的[产品描述]。
“服务”指乙方根据本合同向甲方提供的[服务描述]。
“总价”指甲方应向乙方支付的总金额,包括产品价格和任何其他费用。
1.2 本合同中的仅供参考,不影响本合同的解释。
第 2 条产品和服务2.1 乙方应按照本合同的规定向甲方提供产品和服务。
2.2 产品的规格和质量应符合乙方在本合同中所做的描述。
2.3 服务的标准和要求应符合乙方在本合同中所做的承诺。
第 3 条价格和付款方式3.1 甲方应向乙方支付总价为[具体金额]。
3.2 付款方式为[付款方式描述]。
3.3 乙方应在收到甲方付款后[具体时间]内提供发票。
第 4 条交货和验收4.1 乙方应在[交货日期]前将产品交付给甲方。
4.2 甲方应在收到产品后[验收期限]内进行验收。
如果甲方在验收期限内未提出异议,则视为产品验收合格。
4.3 如甲方在验收过程中发现产品存在质量问题,应及时通知乙方,乙方应负责解决。
第 5 条保证和责任限制5.1 乙方保证产品和服务不存在质量问题,并在正常使用情况下符合本合同的要求。
5.2 乙方对因产品或服务质量问题导致的直接损失承担责任,但责任总额不超过总价。
5.3 除上述责任外,乙方在任何情况下均不承担其他责任,包括但不限于间接损失、利润损失、特殊损失或附带损失。
第 6 条保密条款6.1 双方应对本合同及与本合同有关的所有信息保密,未经对方书面同意,不得向任何第三方披露。
6.2 本保密条款在本合同终止后仍然有效。
第 7 条违约责任7.1 若一方违反本合同的任何条款,应承担违约责任,向对方支付违约金,并赔偿对方因此遭受的损失。
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实际使用当中,协议可不受必备条款的限制,而称为合同的文体肯定少不了必备条款,有的合同将其单列,称为一般条款(General provisions)。
中文的合同开头一般先罗列当事人的名称、姓名、住所或营业场所,然后是合同正文,结尾是当事人印章、授权代表签字、职务及签字日期。
一、Contract与Agreement的区别在英语中,合同一般称为Contract,协议一般称为Agreement。
何谓“contract”?1999年中国《合同法》第二条对contract定义为:A contact in t his Law refers to an agreement establishing,modifying and terminating the civil rights and obligations between subjects of equal footing,that is,between natural persons, legal persons or other organizations”。
根据这一定义,合同平等主体之间设立的确定民事权利和义务的协议。
Steven H.Gifts编著的“Law Dictionary”中将contract定义为“contract is a promise,or a set of promises,for breach of which the law gives remedy,or the performance of the which the law in some way recognize as a duty.”根据这一定义,合同是一种承诺,违反承诺可以得到法律救助,某种意义上法律将履行该承诺看做是一种补偿。
L.B Curzon在其编撰的字典“A Dictionary of Law”给contract的定义:“Contract is a legally binding agreement”根据这一定义,合同就是有法律约束力的协议。
综合起来,有一个相同点,就是“Contract is an agreement”,即可将事同说成是“An agreement which binds the parties concerned”或者氢说合同说成是“An agreement which is enforceable by law”,也可以说:Contracts are promises that the law will enforce。
何谓“Agreement”?L.B“A consensus of mind,or evidence of such consensus,in spoke or written form,relating to anything done or to be done.”根据这一定义,协议是对已经做或准备做的相关事宜,经过谈判、协商后取得一致意见,以口头或书面形式做出的约定。
Black"Law Dictionary"有两个定义。
一个是:“A concord of understanding and intention between two or more parties with respect to the effect upon their relative rights and duties,of certain past or future facts or performance”根据这一定义,协议即双方或多方京某些过去或将来某些事实的相关权利、义务或相关权利、义务的履行而达成的一致理解和愿望。
另一个是:“The consent of two or more persons concurring respecting the transmission of some property,right or benefits,with the view of contacting an obligation,a mutual obligation.”根据这一定义,协议即两个或多个当事人,为了约定单方责任或相互责任,就财产权利、利益的转移取得的一致同意。
Contract(合同)和Agreement(协议)是不是可以互换呢?合同的成立必须具备几个主要因素。
它们(要约和承诺构成的)协议、约因、设立法律关系的愿望和缔约能力四大部分组成。
L.B Curzon编著的“A Diction of Law”提到:“Contract generally involves”1.offer and absolute and unqualified acceptance(要约和绝对接受)2.consensus ad idem(意思表示一致,也叫meeting of minds)3.intention to create legal relations(建立合同关系的意愿)4.genuineness of consent(同意的真实性)5.contractual capacity of the parties(合同当事人的缔约能力)6.legality of object(标的物的合法性)7.possibility of performance(履行的可能性)8.certainty of terms(条款的确定性)9.valuable consideration(等价有偿)Black'Law Dictionary"中解释道:Although often used as synonyms with"contract", agreement is a broader term,e.g.an agreement might lack an essential element of a contact."即“协议”和“合同”经常用作同义词,但“协议”这一术语含义更广,例如协议可能缺乏合同的必备条款(essential clauses/provisions)。
实际使用当中,协议可不受必备条款的限制,而称为合同的文体肯定少不了必备条款,有的合同将其单列,称为一般条款(General provisions)。
1999中国《合同法》第十二条规定了八项一般条款,分别是:1.title or name and domicile of the parities(当事人的名称或姓名和住址)2.contract object(标的)3.quantity(数量)4.quality(质量)5.price or remuneration(价款或者报酬)6.time limit,place and method of performance(履行期限、地点和方式)7.liability for breach of contract(违约责任)8.methods to settle disputes(解决争议的方法)上述解释说明,contract(合同)和agreement(协议)的概念虽然接近,但使用范围不同,不能互换使用。
合同是协议的重要组成部分,所有合同一定是协议,而协议不见得都是合同。
可以说具备合同成立要求的具有强制执行力的协议才是合同。
二、结构特点:合同类法律文件用以规定当事人的权利与义务,是预防与解决争议的依据。
合同英语行文慎密而准确,历史悠久,深含法律文化底蕴。
中文的合同开头一般先罗列当事人的名称、姓名、住所或营业场所,然后是合同正文,结尾是当事人印章、授权代表签字、职务及签字日期。
而英语合同一般以下面这类句式为开头:This agreement/contract is made and entered in to this____day of_____(month), _______(year)by and between Party A(hereinafter called"Party A")and Party B(hereinafter called"Party B")然后是开始陈述:WHEREAS…THEREFORE…It is hereby agreed as follows:或以:WITNESSETH,WHEREAS…NOW THEREFORE,for and in consideration of the mutual covenants and agreements contained herein,the parties hereby covenant and agree as follows:接着是正文,最后是证明部分,:IN WITNESS WHEREOF,the parties hereto have hereunto set their hands the day and years first above written.随后还包括当事人和见证人的签字。
签字日期一般在英文合同最搬弄是非是找不到的。
三、新加坡、美国、香港和日本的合同格式:A.新加坡AgreementTHIS AGREEMENT is made the9th day of August,2001between LUCKY INTERNATIONAL LTD,a company incorporated in Singapore and having its registered office at Telek Blongar Rise,Singapore19569(hereinfater called"The Company")of the part and JACK Wong(NRIC No._________/A)of108Orchar Road,Singapore01688(hereinfater called"The Mangager")of the other part.WHEREAS:1.The company is engaged in IT business and requires a person with the necessary qualifications and experience to manage its business.2.….NOW IT IS HEREBY AGREED as follows:1.The company shall employ the Manager and the Manager shall serve the Company as manager of the Company's IT business for a period of two years commencing on1st day of September2.….IN WITNESS WHEREOF,the parties hereto have set their hand the day and year first above written.THE SCHEDULE ABOVE REFERRED TODuties of Manger1.To manage,maintain and promote the business of the Company.2.3.SIGNED by Roger TanFor and on behalf of LUCKY INTERANTIONAL LTDIn the presence ofSIGNED by TERESA WONGIn the presence of新加坡的通用合同分五部分:第一部分:称为parties,主要介绍合同各方的姓名或名称,注册地国及地址、邮编及各自在合同的简称。