|
谈判口语课程教学课件
课件和实践的链接内容
Agency Agreement
This agreement is concluded between the parties concerned on the basis of equality and mutual benefit to develop business on terms and conditions set forth as below:
• The parties concerned:
Party A (principal): China National Light Industrial Products Import & Export Corporation, Beijing Branch.
Address: 76, West Chang'an Ave , Beijing , China .
Cable Address: Indusbranch Telex: 22142 LITPKCN
Party B (Agent):
Address:
Cable Address: Telex:
Party A hereby agrees to appoint Party B to act as its Agent to sell the under-stipulated commodity(ies) in the undermentioned territory and Party B agrees to undertake the said task.
• Commodity(ies) and Quantity (or value):
Party B shall undertake the sales of the aforesaid commodity during the validity of this agreement. The progress of execution shall be examined halfyearly. In case Party B fails to place orders for the minimum quantity of the above mentioned commodity within 6-8 months without giving sufficient reasons acceptable to Party A, Party A shall have the right to offer the agency to other clients or to take alternative measures without being bound by this agreement.
• Territory:
In only.
• Confirmation of Order (Transaction) and payment:
The quantities, prices, shipment and payment for the commodity stated in this agreement shall be confirmed for each transaction; the particulars of which will be shown in Party A's Sales Contract.
• Commission:
A percent (%) commission on the invoice value of the actual shipment will be remitted to Party B by Party A after receipt of the payment.
• Market Report:
Party B shall have the obligation to forward halfyearly to Party A a detailed report on current conditions and of consumer's comments (Copy to China National Light Industrial Products Import & Export Corporation, Beijing head office). For reference purpose, Party B shall, from time to time, forward to Party A samples of similar commodities offered by other suppliers, together with their prices, sales position and advertising materials.
• Advertising & Publicity
Party B shall take all effective measures by advertising in order to enlarge the sales of the above-mentioned commodity for the duration of this agreement and submit to Party A all drafts and drawing intended for such purposes for prior approval.
• Arbitration:
All disputes arising from the execution of, or in connection with this agreement shall be settled amicably through friendly negotiation. In case settlement fails to be reached through negotiation, the case shall then be submitted to the Foreign Trade Arbitration Commission of the China Council for the Promotion of International Trade, Beijing , for arbitration in accordance with its Provisional Rules of Procedure. The arbitration decision is final and binding upon both parties.
• Other Terms & Conditions:
• Party A shall not supply the commodity under this agreement to other buyers in the above-mentioned territory. Direct inquiries, if any, will be referred to Party B.
• For any business transacted between governments of both parties, Party A shall have full right to handle such direct dealings as authorized by Party A's government without binding themselves to this agreement. Party B shall not interfere with such direct dealings nor shall Party B bring forward any demand for compensation or commission thereof.
• This agreement, when duly signed by the parties concerned, shall remain in force for two years to be effective as from January 1 st 2001 to December 31 st , 2003. If no written objection is raised by either party one month before its expiry, this agreement will be automatically extended for another year. Should one of the parities fail to comply with the terms and conditions of this agreement, the other party is entitled to terminate this agreement.
• Any amendment \ supplement to this agreement shall made in writing and duly confirmed by both parties through negotiations. Such amendment \ supplement shall be regarded as an integral part of this agreement.
• This agreement is made out in Chinese and English, the two versions being equally valid. Each party shall keep one original of the agreement.
Party A Party B
China National Light Industrial
Products Imp. & Exp. Corporation,
Beijing Branch
Invitation to tender
Hutt : Mr Tang, it's a great pleasure for me to call on you today soon after I arrived at my post in Beijing .
Tang : Congratulations on your taking office in Beijing . I wish you every success.
H : Thank you. I will do my best to promote business between us in the days to come.
T : So far, cooperation between our two corporations has been satisfactory. Of course it will be further promoted in the future, I hope.
H : Quite right. That's the aim of our corporation and meanwhile my most important mission.
T : Since China has pursued the socialist market economy, its foreign trade has been developing at a faster pace . Our trade practice is more flexible than before. I'm sure you know all this, right?
H : Yes, I do. What's more, I am very much interested in the new developments in China . I've heard that your company is prepared to call for a bid for a power engineering construction project in Southwest China , is that true?
T : Yes, it is time to make arrangements now for invitation to be sent out. You are well informed.
H: When do you intend to start the invitation to tender?
T : We expect to send the tender invitations some time next month.
H : What kind of equipment would you like to buy?
T : The item we'd like to buy is the advanced electric generator.
H : What's the time set for bidders to submit their bids?
T : The time period for bidding is temporarily set from 10 th October to the end of October.
H : To whom will the bid be sent?
T : You may send it to: International Tendering Department, China National Technical Import Corporation.
H : Should the bidders make a cash deposit?
T : Yes, certainly. According to the international practice, bidders need to hand in a cash deposit or a letter of guarantee from a commercial bank. If one fails to win the award, the cash deposit or the letter of guarantee shall be returned to the bidder within one week after the decision on award is declared.
H : When don you expect to open the tender? And where?
T : 1 st of November, in Beijing .
H : Is tender-opening done publicly?
T : Yes, tender-opening is done publicly this time, all the bidders shall be invited to join us to supervise the opening.
售 货 合 同
SALES CONTRACT
Add: 45B,XIWUDAOKOU,HAIDIAN
合同编号 (Contract NO) ： CGC001 DISTRICT,BEIJING,P.R. CHINA
FAX: 86-10- 62575099
买方 (The Buyer) ： talent 签订日期 (Date) ： July 21,
卖方 (The Seller) ： the paradise 签订地点 (Signed at) ： Beijing,China
双方同意按下列条款由买方售出下列商品：
The Buyer agrees to buy and the Seller agrees to sell the following goods
on terms and conditions as set forth below ：
(1) 商品名称、规格及包装
Name of Commodity ,Specifications and Packing
(2) 数量
Quantity
(3) 单价
Unit Price
(4) 总值
Total Value
1.Fresh Water Cultured Pearls
170KG(net)
USD50.00
USD8500.00
(5)装运期限：不晚于 1999 年 8 月 20 日
Time of Shipment ： no later than Aug.20.1999
(6)装运口岸：北京机场
Port of loading ： BEIJING AIRPORT, CHINA
(7)目的口岸：美国纽约 JFK 国际机场
Port of Destination ： JFK(JOHN F.KENNEDY) INTERNATIONAL AIRPORT,
NEW YORK CITY,U.S.A
(8)保险；由 方负责，按本合同总值 110% 投保 _____ 险。
Insurance ： To be covered by the___for 110% of the invoice value against_______.
(9)付款：凭保兑的、不可撤销的、可转让的、可分割的即期有电报套汇条
款 / 见票 / 出票 ____ 天期付款信用证，信用证以 _____ 为受益人并允许分批装运
和转船。该信用证必须在 ______ 前开到卖方，信用证的有效期应为上述装船
期后第 15 天，在中国 ______ 到期，否则卖方有权取消本售货合约，不另行通
知，并保留因此而发生的一切损失的索赔权。
Terms of Payment ： By confirmed, irrevocable, transferable and
divisible letter of credit in favor of _____payable at sight
with TT reimbursement clause/___days'/sight/date allowing partial
shipment and transshipment. The covering Letter of Credit must
reach the Sellers before _____and is to remain valid in _____.
China until the 15th day after the aforesaid time of shipment,
failing which the Sellers reserve the right to cancel this Sales
Contract without further notice and to claim from the Buyers for
losses resulting therefrom.
(10)商品检验：以中国 ________ 所签发的品质 / 数量 / 重量 / 包装 / 卫生检
验合格证书作为卖方的交货依据。
Inspection ： The Inspection Certificate of Quality / Quantity / Weight / Packing / Sanitation issued by_______of China shall be regarded as
evidence of the Sellers' delivery.
(11)装运唛头：
Shipping Marks ：
其他条款：
OTHER TERMS ：
1. 异议：品质异议须于货到目的口岸之日起 30 天内提出，数量异议须于货
到目的口岸之日起 15 天内提出，但均须提供经卖方同意的公证行的检验证明。
如责任属于卖方者，卖方于收到异议 20 天内答复买方并提出处理意见。
Discrepancy ： In case of quality discrepancy,claim should be lodged
by the Buyers within 30 days after the arrival of the goods at the
port of destination, while for quantity discrepancy, claim should be
lodged by the Buyers within 15 days after the arrival of the goods
at the port of destination. In all cases,claims must be accompanied
by Survey Reports of Recognized Public Surveyors agreed to by the
Sellers. Should the responsibility of the subject under claim be
found to rest on the part of the Sellers, the Sellers shall, within
20 days after receipt of the claim, send their reply to the Buyers
together with suggestion for settlement.
2. 信用证内应明确规定卖方有权可多装或少装所注明的百分数，并按实际装
运数量议付。（信用证之金额按本售货合约金额增加相应的百分数。）
The covering Letter of Credit shall stipulate the Seller's option
of shipping the indicated percentage more or less than the quantity
hereby contracted and be negotiated for the amount covering the value
of quantity actually shipped. (The Buyers are requested to establish
the L/C in amount with the indicated percentage over the total value
of the order as per this Sales Contract.)
3. 信用证内容须严格符合本售货合约的规定，否则修改信用证的费用由买方
负担，卖方并不负因修改信用证而延误装运的责任，并保留因此而发生的一
切损失的索赔权。
The contents of the covering Letter of Credit shall be in strict
conformity with the stipulations of the Sales Contract. In case
of any variation there of necessitating amendment of the L/C,
the Buyers shall bear the expenses for effecting the amendment.
The Sellers shall not be held responsible for possible delay of
shipment resulting from awaiting the amendment of the L/C and
reserve the right to claim from the Buyers for the losses resulting therefrom.
4. 除经约定保险归买方投保者外，由卖方向中国的保险公司投保。如买方
需增加保险额及 / 或需加保其他险，可于装船前提出，经卖方同意后代为投
保，其费用由买方负担。
Except in cases where the insurance is covered by the Buyers as
arranged, insurance is to be covered by the Sellers with a Chinese
insurance company. If insurance for additional amount and /or for
other insurance terms is required by the Buyers, prior notice to this
effect must reach the Sellers before shipment and is subject to the
Sellers' agreement, and the extra insurance premium shall be for the
Buyers' account.
5. 因人力不可抗拒事故使卖方不能在本售货合约规定期限内交货或不能交
货，卖方不负责任，但是卖方必须立即以电报通知买方。如果买方提出要求，
卖方应以挂号函向买方提供由中国国际贸易促进委员会或有关机构出具的证
明，证明事故的存在。买方不能领到进口许可证，不能被认为系属人力不可
抗拒范围。
The Sellers shall not be held responsible if they fail, owing to
Force Majeure cause or causes, to make delivery within the time
stipulated in this Sales Contract or cannot deliver the goods.
However, the Sellers shall inform immediately the Buyers by cable.
The Sellers shall deliver to the Buyers by registered letter,
if it is requested by the Buyers, a certificate issued by the China
Council for the Promotion of International Trade or by any competent
authorities, attesting the existence of the said cause or causes. The
Buyers' failure to obtain the relative Import Licence is not to be
treated as Force Majeure.
6. 仲裁：凡因执行本合约或有关本合约所发生的一切争执，双方应以友好方
式协商解决；如果协商不能解决，应提交中国国际经济贸易仲裁委员会，根据
该会的仲裁规则进行仲裁。仲裁裁决是终局的，对双方都有约束力。
Arbitration ： All disputes arising in connection with this Sales
Contract or the execution thereof shall be settled by way of amicable
negotiation. In case no settlement can be reached, the case at
issue shall then be submitted for arbitration to the China International
Economic and Trade Arbitration Commission in accordance with the
provisions of the said Commission. The award by the said Commission
shall be deemed as final and binding upon both parties.
7. 附加条款（本合同其他条款如与本附加条款有抵触时，以本附加条款为准。）：
Supplementary Condition(s)(Should the articles stipulated in this
Contract be in conflict with the following supplementary condition(s) ，
the supplementary condition(s)should be taken as valid and binding.)
买方签字： 卖方签字：
The Buyer's signature: The Seller's signature:
|
