英文合同模板10篇
在人民愈发重视法律的社会中,合同起到的作用越来越大,正常情况下,签订合同必须经过规定的方式。那么正式、规范的合同是什么样的呢?下面是小编为大家整理的英文合同10篇,仅供参考,大家一起来看看吧。
英文合同 篇1
Advertising Agency Agreement/广告代理协议
This Advertising Agency Agreement(“Agreement”) is made and effective this
[Date], by and between[Advertiser](“Advertiser”) and [Agency](“Agency”). 此广告代理协议(“协议”)从今[日]起由[广告商](“广告商”)和[代理商](“代理商”)之间签订并生效,
Agency is in the business of providing advertising agency services for a fee. 代理商从事提供广告代理服务并收取费用。
Advertiser desires to engage Agency to render, and Agency desires to render to Advertiser, certain advertising agency services, all as set forth.
广告商欲雇用代理商提供服务,并且代理商欲提供给广告商某些广告代理服务,如下所示。
NOW, THERFORE, in consideration of the mutual agreements and covenants herein contained the parties hereto agree as follows:
因此,现在,考虑到在此包含的双方约定和合同,双方同意如下条款:
1.Engagement.
雇用
Advertiser engages Agency to render, and Agency agrees to render to
Advertiser, certain services in connection with Advertiser’s planning,
preparing and placing of advertising for certain of Advertiser’s products as follows:
广告商启用代理商提供,并且代理商同意提供给广告商和广告商的计划,准备和投放一些广告商的产品的服务,如下所示:
A. Analyze Advertiser’s current and proposed products and services and present and potential markets.
分析广告商的目前和建议的产品和服务,目前和潜在的市场。
B. Create, prepare and submit to Advertiser for its prior approval
advertising ideas and programs.
创立,准备和提交给广告商先前批准的广告理念和计划。
C. Prepare and submit to Advertiser for its prior approval estimates of
costs and expenses associated with proposed advertising ideas and programs. 准备和提交给广告商与所建议的广告理念和计划的先前的批准的预计成本和费用。
D. Design and prepare, or arrange for the design and preparation of, advertisements.
设计和准备,或安排广告的设计和准备。
E.Perform such other services as Advertiser may request from time to time such as, but not limited to , direct mail advertising preparation, speech writing, publicity and public relations work, market research and analysis.
进行广告商可能不时要求的其他服务,例如,但不局限于,直接的邮寄广告准备,演讲稿,宣传和公共关系工作,市场研究和分析。
F.Order advertising space, time or other means to be used for publication of Advertiser’s advertisements, all time endeavoring to secure the most efficient and advantageous rates available.
预订用于广告商广告发布的空间,时间或其它方式,一直努力获得最有效的和最有利的费率。
G. Proof for accuracy and completeness of ions, displays, broadcasts, or other forms of advertisements.
寻求精确性和完成广告附加页,展示,广播或其它形式的广告。
H. Audit invoices for space, time, material preparation and charges. 审计空间,时间,材料准备和费用的发票。
2.Products
产品
Agency’s engagement shall relate to the following products and services of Advertiser: [Products]
代理商的启用将与广告商的下列产品和服务有关[产品]
3.Exclusivity.
独家代理
Agency shall be the [Exclusive or Non-Exclusive] advertising agency in the United States for Adertiser with respect to the products described in Section 2 Above.
代理商将是关于上述第二部分广告商在美国的[独家代理或非独家代理]广告机构。
4.Compensation.
赔偿金
A. Agency shall receive an amount equal to [Media Commission Rate] of the gross charges levied by media for advertising placed therewith by Agency pursuant to this Agreement; and [Non-Media Commission Rate] after volume discount, of the charges of suppliers of services or properties, such as
finished art, comprehensive layouts, type composition, photostats, engravings, printing, radio and television programs, talent, literary, dramatic and musical works, records and exhibits, purchased by Agency on Advertiser’s
authorization during the term of this Agreement; provided that:
代理商将根据此协议获得等同于[媒体佣金费率]的由代理商投放广告媒体所征收的总费用;并且在总量折扣之后获得等同于[非媒体佣金费率]的供应商的服务或财产的费用,如艺术品,总体设计,字体组合,福图斯斯文文仄直接影印本,版画,印刷,广播和电视节目,人才,文学作品,戏剧和音乐作品,唱片和展览,由代理商根据广告商的授权在此协议期限内购买;只要:
(i) No percentage will be added to Agency charges for packing, shipping, express, postage, telephone, telex, fax, travel expenses and other out of pocket expenses of Agency personnel; and
没有任何费用加在代理商用于以下项目的费用上:如包装,运输,快递,邮费,电话,电传,传真,旅行费用和出于代理商人员的其它费用;并且
(ii)Agency’s commisssion for outdoor advertising will be the standard rate allowed advertising agencies when such rate is less than
[Outdoor Advertising Commission Rate].
英文合同 篇2
出租方(甲方)Lessor (hereinafter referred to as Party A) :
承租方(乙方)Lessee (hereinafter referred to as Party B) :
根据国家有关法律、法规和有关规定,甲、乙双方在平等自愿的基础上,经友好协商一致,就甲方将其合法拥有的房屋出租给乙方使用,乙方承租使用甲方房屋事宜,订立本合同。
In accordance with relevant Chinese laws 、decrees and pertinent rules and regulations ,Party A and Party B have reached an agreement through friendly consultation to conclude the following contract.
一、 物业地址 Location of the premises
甲方将其所有的位于上海市_________区____________________________________的房屋及其附属设施在良好状态下出租给乙方___________使用。
Party A will lease to Party B the premises and attached facilities all owned by Party A itself, which is located at _______________________________________ __________________________ and in good condition for_____________ .
二、 房屋面积 Size of the premises
出租房屋的登记面积为_________平方米(建筑面积)。
The registered size of the leased premises is_________square meters (Gross size).
三、 租赁期限 Lease term
租赁期限自_______年___月___日起至_______年___月___日止,为期___年,甲方应于_______年___月___日将房屋腾空并交付乙方使用。
The lease term will be from _____(month) _____(day) _______(year) to ________(month) _____(day) _______(year). Party A will clear the premises and provide it to Party B for use before _____(month) _____(day) _______(year).
四、 租金 Rental
1. 数额:双方商定租金为每月人民币_____________元整, 乙方以___________形式支付给甲方 。
Amount: the rental will be ____________per month. Party B will pay the rental
to Party A in the form of ____________in ________________.
2. 租金按_____月为壹期支付;第一期租金于_______年_____月_____日以前付清;以后每期租金于每月的______日以前缴纳,先付后住(若乙方以汇款形式支付租金,则以汇出日为支付日,汇费由汇出方承担)。甲方收到租金后予书面签收。
Payment of rental will be one installment everymonth(s). The first installment will be paid before_______(month)______(day)__________(year). Each successive installment will be paid_____________each month.
Party B will pay the rental before using the premises and attached facilities (In case Party B pays the rental in the form of remittance, the date of remitting will be the day of payment and the remittance fee will be borne by the remitter.) Party A will issue a written receipt after receiving the payment.
3. 如乙方逾期支付租金超过十天,则每天以月租金的0.5%支付滞纳金;如乙方逾期支付租金超过十五天,则视为乙方自动退租,构成违约,甲方有权收回房屋,并追究乙方违约责任。
In case the rental is more than ten working days overdue, Party B will pay 0.5 percent of monthly rental as overdue fine every day, if the rental be paid 15 days overdue, Party B will be deemed to have with drawn from the premises and breach the contract. In this situation, Party A has the right to take back the premises and take actions against party B's breach.
五、 保证金 Deposit
1. 为确保房屋及其附属设施之安全与完好,及租赁期内相关费用之如期结算,乙方同意于______年_____月_____日前支付给甲方保证金人民币 _________元整,甲方在收到保证金后予以书面签收。
Guarantying the safety and good conditions of the premises and attached facilities and account of relevant fees are settled on schedule during the lease term, party B will pay _________to party A as a deposit before _____(month) _____(day) _______(year). Party A will issue a written receipt after receiving the deposit.
2. 除合同另有约定外,甲方应于租赁关系消除且乙方迁空、点清并付清所有应付费用后的当天将保证金全额无息退还乙方。
Unless otherwise provided for by this contract, Party A will return full amount of the deposit without interest on the day when this contract expires and party B clears the premises and has paid all due rental and other expenses.
3. 因乙方违反本合同的规定而产生的违约金、损坏赔偿金和其它相关费用,甲方可在保证金中抵扣,不足部分乙方必须在接到甲方付款通知后十日内补足。
In case party B breaches this contract, party A has right to deduct the default fine, compensation for damage or any other expenses from the deposit . In case the deposit is not sufficient to cover such items, Party B should pay the insufficiency within ten days after receiving the written notice of payment from Party A.
六、 甲方义务 Obligations of Party A
1. 甲方须按时将房屋及附属设施(详见附件)交付乙方使用。
Party A will provide the premises and attached facilities (see the appendix of furniture list for detail) on schedule to Party B for using.
英文合同 篇3
Ⅰ Party A ___________wishes to engage the service of Party B______________ as______________. The two parties, in a spirit of friendly cooperation, agree to sign this contract and pledge to fulfill conscientiously all the obligations stipulated in it.
ⅡThe period of service will be from the______day of______,20__ to the ______day of______,20__
Ⅲ The duties of Party B (see attached pages)
Ⅳ Party B's monthly salary will be ¥_______ yuan RMB,__ % of which can be converted into foreign currency monthly.
Ⅴ Party A's Obligations
1. Party A shall introduce to Party B the laws, decrees and relevant regulations enacted by the Chinese government, the Party A' work system and regulations concerning administration of foreign experts.
2. Party A shall conduct direction, supervision and evaluation of Party B's work.
3. Party A shall provide Party B with necessary working and living conditions.
4. Party A shall provide co-workers.
5. Party A shall pay Party B's salary regularly by the month.
Ⅵ Party B's obligations
1. Party B shall observe the laws, decrees and relevant regulations enacted by the Chinese government and shall not interfere in China's internal affairs.
2. Party B shall observe Party A's work system and regulations concerning administration of foreign experts and shall accept Party A's arrangement, direction, supervision and evaluation in regard to his/her work. Without Party A's consent, Party B shall not render service elsewhere or hold concurrently any post unrelated to the work agreed on with Party A.
3. Party B shall complete the tasks agreed on schedule and guarantee the quality of work.
4. Party B shall respect China's religious policy, and shall not conduct religious activities incompatible with the status of an expert.
5. Party B shall respect the Chinese people's moral standards and customs.
Ⅶ Revision, Cancellation and Termination of the Contract
1. Both parties should abide by the contract and should refrain from revising, canceling, or terminating the contract without mutual consent.
2. The contract can be revised, canceled, or terminated with mutual consent. Before both parties have reached an agreement, the contract should be strictly observed.
3. Party A has the right to cancel the contract with a written notice to Party B under the following conditions;
(1) Party B does not fulfill the contract or does not fulfill the contract obligations according to the terms stipulated, and has failed to amend after Party A has pointed it out.
(2) According to the doctor's diagnosis, Party B cannot resume normal work after a continued 30 day sick leave.
4. Party B has the right to cancel the contract with a written notice to party A under the following conditions:
(1) Party A has not provided Party B with necessary working and living conditions as stipulated in the contract.
(2) Party A has not paid Party B as scheduled.
Ⅷ Breach Penalty
When either of the two parties fails to fulfill the contract or fails to fulfill the contract obligations according to the terms stipulated, that is, breaks the contract, it must pay a breach penalty of US$500 to 2,000 (or the equivalent in RMB).
If Party B asks to cancel the contract due to events beyond control, it should produce certifications by the department concerned, obtain Party A's consent, and pay its own return expenses; If Party B cancels the contract without valid reason, it should pay its own return expenses and pay breach penalty to Party A. If Party A asks to cancel the contract due to events beyond control, with the consent of Party B, it should pay Party B's return expenses; if Party A cancels the contract without valid reason, it should pay Party B's return expenses and pay a breach penalty to Party B.
Ⅸ The appendix of this contract is an inseparable part of the contract and has equal effect
Ⅹ This contract takes effect on the date signed by both parties and will automatically expire when the contract ends. If either of the two parties asks for a new contract, it should forward its request to another party 90 days prior to the expiration of the contract, and sign the new contract with mutual consent. Party B shall bear all expenses incurred when staying on after the contract expires.
Ⅺ Arbitration
The two parties shall consult with each other and mediate any disputes which may arise about the contract. If all attempts fail, the two parties can appeal to the organization of arbitration for foreign experts affairs in the State Administration of Foreign Experts Affairs and ask for a final arbitration.
This Contract is signed at_____________ , in duplicate, this_____ day of _______,20__, in the Chinese and _______ languages ,both texts being equally authentic.
Party A Party B
(Signature) (Signature)
英文合同 篇4
Contract No.:________________________.
Date of Signature:____________________.
Place of Signature:____________________.
This Contract is made and entered into through friendly negotiation by and between China____________________ (hereinafter referred to as “Client”), as one party, and____________________ (hereinafter referred to as“Consultant”),as the other party, concerning the technical consultancy service of__________, under the following terms and conditions:
Article 1 Contents of Technical Consultancy Service
1.1 Whereas Client desires to obtain the technical consultancy service of from Consultant and Consultant has agreed to perform such services.
1.2 The Scope of Technical Services is defined in Appendix 1.
1.3 The Time Schedule for the Services is shown in Appendix 2.
1.4 The Manning Schedule is described in Appendix 3.
1.5 Consultant shall complete the Services within__________months from the Effective Date of this Contract and furnish the final technical service report, including drawings, designing documents, all kinds of standards and photos, within____months. Consultant shall keep aware, free of charge, Client of the latest development of similar projects and any progress made in order to improve the designing of the project.
Article 2 Both Parties' Responsibility and Liability
2.1 Client shall furnish to Consultant the pertinent data, technical service reports, maps and information available to him and shall give to Consultant the reasonable assistance necessary for carrying out of his duties. Particularly Client shall nominate a general representative who shall be available at reasonable time.
2.2 Client shall assist Consultant with the responsible authorities for obtaining visas, work permits and other documents required by Consultant to enter the country and to have access to the Site of the Project. The above expenses shall be borne by Consultant.
2.3 Consultant shall furnish a sufficient number of competent personnel to perform its obligation hereunder, in addition to those personnel specifically listed in Appendix 3. All personnel employed by Consultant in carrying out the work shall be exclusively Consultant's responsibility, and Consultant shall hold Client harmless from any claims of any kind by Consultant's personnel arising out of any acts by Consultant or its personnel in connection with the work performed hereunder.
2.4 Consultant shall provide Client all the technical technical service reports and relevant documentation within the Scope of Technical Services and within the Time Schedule of the Time Schedule for the Services.
2.5 Consultant shall assist Client'S personnel in his country in obtaining visas and in arranging lodgings. Hotel and boarding expenses shall be borne by Client. Consultant shall supply to Client'S personnel office space and necessary facilities as well as transportation.
2.6 Consultant shall be responsible for and shall indemnify Client and his employee in respect of injury to person or damage to property occurring in connection with the services, to the extent that such damage or injury directly results from negligence of Consultant's personnel while engaged in activities under this Contract.Consultant shall be liable only to the work under this Contract.
2.7 Any and all liability of Consultant with respect to this Contract shall be limited to the Total Contract Price received by Consultant for his profession services and shall terminate upon expiration of the warranty period set forth in Article 7.3.
Article 3 Price and Payment
3.1 The total contract price is__________(say __________________only) in________(currency). The breakdown prices of the above mentioned total contract price are as follows:
Contract Price for Item 1: ______(say ____________only) in________ (currency); Contract Price for Item 2: ______(say ____________only) in________ (currency); Contract Price for Item 3: ______(say ____________only) in________ (currency); Contract Price for Item 4: ______(say ____________only) in________ (currency).
3.2 The total contract price will include all the service and technology provided by Consultant. The total contract price shall be firm and fixed and shall not fluctuate with any inflation. The total contract price shall include all charges and expenses incurred by Consultant in performing his obligations both in his own country and in the People's Republic of China and includes the expenses incurred in sending the Technical Documentation to Client's office by all kinds of forms.
In the event of Force Majeure as defined in the Contract, the total contract price shall be readjusted through friendly negotiations between the parties. If Client requires services not contemplated in the Scope of Services the parties shall friendly discuss an amendment to the
total contract price. Any such amendment shall be in writing countersigned by both parties. This document shall then form integral part of the Contract.
3.3 All payments to be made by Client to Consultant under the present Contract shall be made by telegraphic transfer. In case of any payment by Client, the payment shall be effected through__________in China to _________ for the account of Consultant.
In consideration for the services provided by Consultant hereunder, Client shall effect the payment to Consultant in accordance with the following manner and percentage:
3.3.1 _______ percent (________ %) of the total contract price, i.e._____________ (Say: ________ only), shall be paid by Client to Consultant within ________ (____) days after the client has received the following documents provided by Consultant and found them in order.
A. One (1) original and two (2) duplicate copies of Consultant's government approval, or a written statement of the competent authorities or relevant agency of Consultant's country certifying that such document is not required;
B. One (1) original and one (1) duplicate copy of Irrevocable Letter of Guarantee for advance payment issued by Consultant's Bank in favor of Client covering_______(Say:________ only), specimen of which is as per Appendix 4;
C. Five (5) copies of profoma invoice covering the total contract price;
D. Five (5) copies of manually signed commercial invoice indicating the amount to be paid;
E. Two (2) copies of sight draft.
The said shall be delivered by Consultant not later than ____days after the effective date of the ________present Contract.
3.3.2 ________percent (____%) of the Contract price for Item 1, i.e._________ (Say: __________ only) shall be paid by Client to Consultant within _____ (__) days after Consultant has received the following documents provided by Consultant and found them in order.
A. Ten (10) copies of technical service report on Item 1;
B. Five (5) copies of manually signed commercial invoice indicating the amount to be paid;
C. Two (2) copies of sight draft.
3.3.3 ________ percent (____%) of the Contract price for Item 2, i.e. ___________ (Say: ____________ only) shall be paid by Client to Consultant within ________ (___) days after Licensee has received the following documents provided by Consultant and found themin order.
A. Ten (10) copies of technical service report on Item 1;
B. Five (5) copies of manually signed commercial invoice indicating the amount to be paid;
C. Two (2) copies of sight draft.
3.3.4 ________percent (____%) of the Contract price for Item 3, i.e._________ (Say: __________ only) shall be paid by Client to Consultant within _____ (__) days after Consultant has received the following documents provided by Consultant and found them in order.
A. Ten (10) copies of technical service report on Item 1;
B. Five (5) copies of manually signed commercial invoice indicating the amount to be paid;
C. Two (2) copies of sight draft.
3.3.5 ________percent (____%) of the Contract price for Item 4, i.e._________ (Say: __________ only) shall be paid by Client to Consultant within _____ (__) days after Consultant has received the following documents provided by Consultant and found them in order.
A. Ten (10) copies of technical service report on Item 1;
B. Five (5) copies of manually signed commercial invoice indicating the amount to be paid;
C. Two (2) copies of sight draft.
3.3.6 ________percent (____%) of the Total Contract price , i.e._________ (Say: __________ only) shall be paid by Client to Consultant within _____ (__) days after Consultant has received the following documents provided by Consultant and found them in order.
A. Five (5) copies of manually signed commercial invoice indicating the amount to be paid;
B. Two (2) copies of sight draft.
3.4 In case Consultant is liable for paying to Client the penalty under the Contract, Client shall have the right to deduct it from any said payment.
3.5 The banking charges of both parties incurred in China for the execution of the Contract shall be borne by Client and those incurred outside China shall be borne by Consultant.
Article 4 Delivery Schedule
4.1 The deadline for the arrival of the Technical service reports CIF _____ are:
A. Technical service report on Item 1 : _________months after effectiveness of the Contract;
B. Technical service report on Item 2 : _________months after effectiveness of the Contract;
C. Technical service report on Item 3 : _________months after effectiveness of the Contract;
D. Technical service report on Item 4 : ________months after effectiveness of the Contract.
4.2 Consultant will inform Client by Fax when the Technical service reports are airmailed to Client indicating the date and number of airway bill. Client will inform Consultant when the Technical service reports have been received.
4.3 Should any document be missing or damaged during the transport Consultant shall be notified accordingly and within two (2) weeks the missing or damaged document shall be replaced by Consultant free of charge.
Article 5 Confidentiality
5.1 All data assembled, developed, compiled, reproduced, studied, and prepared in connection with the work done hereunder and furnished to Consultant by Client shall be considered confidential and shall not be divulged to any person, firm or corporation other than Client or its designated representatives. This Clause shall remain binding on Consultant notwithstanding the termination of the Contract for any reason.
5.2 Within the validity period of Contract, Both parties shall take proper measures to keep the materials or information strictly confidential. The other party shall not disclose or divulge to any third party without prior written consent of one party.
5.3 Either party shall be obliged to keep confidential any secret information of the other party which either party and its personnel may obtain or be accessible to in the course of the performance of Contract. Either party shall not make use of or disclose such secret information obtained from the other party without prior written permission issued by the other party.
Article 6 Taxes and Duties
6.1 All taxes and duties in connection with and in the execution of Contract levied by the Chinese government on Client in accordance with the tax laws of PRC shall be borne by Client.
6.2 All taxes and duties levied by the Chinese government on Consultant, in connection with and in the execution of Contract, according to Chinese tax laws and the agreement between the government of PRC and the government of Consultant's country for the reciprocal avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income shall be borne by Consultant.
Client is legally obliged to withhold, as a withholding agent, the amount of taxes pro rata each taxable payment under Contract and pay them to the relevant Chinese tax authorities. After receiving the tax receipts issued by the relevant Chinese tax authorities for the aforesaid withholding taxes, Client shall forward them to Consultant without undue delay.
6.3 All taxes and duties arising outside PRC in connection with and in the execution of Contract shall be borne by Consultant.
Article 7 Warranty
7.1 Consultant warrants that he has the experience and capability to efficiently and expeditiously perform the services in a satisfactory manner and that the services performed by him under this Contract shall be performed by competent personnel in accordance with accepted standards.
7.2 In the event of a failure of Consultant to provide to Client satisfactory services within the scope of work described in Appendix at any time for any reason within the control of the Consultant, Client may notify Consultant of such dissatisfaction. Consultant shall be afforded a period of days to correct or remedy the matter. Should Consultant within the time afforded by Client fail to correct or remedy the matter to the satisfaction of Client, all charges shall cease forthwith until such time as Consultant is able to provide satisfactory services in accordance with the Scope of work described in Appendix.
7.3 Consultant guarantees to Client that he shall, after receipt of notice from Client, promptly correct at no cost any errors in the services arising out of the negligent performance thereof.
Article 8 Ownership of Technical Service Reports
8.1 Final version of the technical service report submitted to Client and all relevant data such as maps, plans and supporting material compiled in performing the Scope of Services, shall be the property of Client. Such materials shall be sorted and indexed by Consultant prior to transmission to Client.
8.2 Consultant shall be permitted to retain copies thereof, provided however that such materials, including the material furnished by Client as stated in Article 5 of this Contract, shall not be used by Consultant for purposes not related with this Project without the prior written approval of Client.
Article 9 Assignment
9.1 Neither Client nor Consultant shall assign or sublet their rights or obligations hereunder without the prior written consent of the other party.
Article 10 Termination
10.1 If, due to the responsibility of Consultant, the technical service reports have not been delivered at dates according to the delivery schedules as stipulated in Article 4 of the Contract, Consultant shall be obliged to pay to Client penalty for such delay in delivery at the following rates:
A. ______ percent (____%) of the total contract price per week for the first four weeks;
B. _____ percent (____%) of the total contract price per week from the fifth week to the eighth week;
C. ______ percent (____%) of the total contract price per week from the ninth week of delay.
Odd days less than one (1) week shall be counted as one (1) week for calculating the liquidated damage.
10.2 The total liquidated damage for late delivery shall not exceed ______ percent (____%) of the total contract price. Payment of the liquidated damage for late delivery shall not release
Consultant from its obligation to deliver technical service reports.
10.3 Client may, without prejudice to any other remedy for Consultant's following breach of Contract, terminate Contract in whole or in part by a written notice of default send to Consultant, if Consultant
A. Fails to deliver any or all of technical service reports within______(____) days after the scheduled delivery date as specified in Article 1; or
B. Fails to make the technical service reports meet the minimum level of Acceptance Standards as specified in Appendix 1.
Consultant shall refund to Client all the payments effected by Client to Consultant plus an interest at the rate of______ percent (____%) per annum in case of such a termination.
10.4 Either party may, without prejudice to any other remedy, terminate Contract in whole or in part by a written notice send to the other party, if the other party.
A. fails to perform its confidentiality obligation under Contract; or
B. fails to perform any other obligations under Contract except minor parts thereof, and does not remedy for its failure within a period of______ (____) days upon receipt of the written notice or a period agreed upon between the parties; or
C. becomes bankrupt or insolvent; or
D.Affected by any event of Force Majeure for more than ______ days.
Article 11 Force Majeure
11.1 Should either party be prevented from performing any of its obligations under Contract due to event of Force Majeure, such as war, serious fire, typhoon, earthquake, flood and any other events which could not be expected, avoided and overcome, the affected party shall notify the other party of its occurrence by fax and send by registered airmail a certificate issued by the competent authorities or agency within fourteen (14) days following its occurrence.
11.2 The affected party shall not be liable for any delay or failure in performing any or all of its obligations due to the event of Force Majeure. However, the affected party shall inform the other party by fax the termination or elimination of the event of Force Majeure without delay.
11.3 Both parties shall proceed with their obligations immediately after the cease of the event of Force Majeure or removal of the effects. The validity period of Contract and/or the scheduled period for relative execution of Contract shall be extended correspondingly.
Article 12 Arbitration
12.1 Any dispute arising from or in connection with this Contract shall be submitted to China International Economic and Trade Arbitration Commission,Shenzhen Commission for arbitration in accordance with the Commission's arbitration rules in effect at the time of applying for arbitration. The arbitral award is final and binding upon both parties and the applicable law is the material law of P.R.C.
12.2 Notwithstanding any reference to arbitration, both Parties shall continue to perform their respective obligations under the Contract unless otherwise agreed.
Article 13 Language and Standards
13.1 Correspondance except this Contract between Client and Consultant, data and documents made available by Client to Consultant and the technical service reports and drawings prepared by Consultant shall be in the English language.
13.2 Measures shall be written in the metric system.
Article 14 Governing Law
14.1 The construction, validity and performance of this Contract shall be governed by the laws of the People's Republic of China.
Chapter 15 Effectiveness of the Contract and Miscellaneous
15.1 Both parties shall make effort to obtain the approval from the respective authorities, if necessary, within thirty (30) days after Contract is signed by the authorized representatives of the two parties. Either Party shall notify in writing the other party of the approval date. The later date of approval shall be taken as the Date of Effectiveness of Contract.
15.2 Contract shall be valid and remain in force for_______(____) years from the Date of Effectiveness.
15.3 The outstanding credit and debt between the parties under Contract shall not be affected upon the termination or expiration of Contract.
15.4 Appendices hereof shall be integral parts of Contract and have the same legal force as the text of Contract itself. The text of Contract shall prevail in case of any discrepancies between the text of Contract and Appendices.
15.5 All amendments, supplements, subtractions, or alterations to Contract shall be made in writ
英文合同 篇5
CONTRACT
КОНТРАКТ
No.( Нет.)
Company Name:
And (и)
Company Name:
signed this Contract as following:
подписали настоящий Договор о следующем:
1. THE SUBJECT OF THE CONTRACT
Предмет контракта
1.1. The SELLER sells and the BUYER buys the following
Покупатель согласился купить, продавец согласен продать следующие продукты:
Место погрузки: КНР, г. Shenzhen
1.2 In case of discrepancies between the Chinese text, English text and Russia text of this contract , the English text shall prevail.
В случае расхождения, оригинальным признается вариант контракта на английском языке.
2. QUANTITY AND QUALITY
КОЛИЧЕСТВО И КАЧЕСТВО:
2.1. Quantity of the GOODS should supplied according to the Contract
Количество товара должно поставляться в соответствии с Договором
2.2. The BUYER and the SELLER bear the full responsibility for monitoring procedure of quality at mutual trust to each other.
The BUYER can send representative to SELLER’s warehouse to inspect the finished product.
The SELLER must control the product quality continuously. And the SELLER must keep paper record for some control process.
ПОКУПАТЕЛЬ и ПРОДАВЕЦ несут полную ответственность за проведение контроля качества при взаимном доверии друг к другу.
Покупатель может послать представителя для склада ПРОДАВЦА для проверки готовой продукции. Продавец обязан контролировать качество продукции непрерывно. И продавец должен держать бумаги запись в течение некоторого процесса управления.
2.3 Warranty time: within 18 months after buyer receipt of the goods
Время гарантированности: Все оборудование имеет заводскую гарантию 18 месяцев с момента получения оборудования покупателем.
3. BASIC TERMS OF DELIVERY OF GOODS
ОСНОВНЫЕ УСЛОВИЯ ПОСТАВКИ ТОВАРОВ
3.1 SELLER delivers the GOODS to the BUYER on terms of CIF , seaport Odessa, Ukraine, (According to the International terms Regulations, revision 20xx).
Продавец предоставляет товар в распоряжение покупателя на условиях CIF, морского порта Одесса, Украина, (В соответствии с Международными терминов Положения, пересмотр 20xx г.).
3.2 The delivery time is six months after received the down payment
Срок поставки через шесть месяцев после получил авансовый платеж
4. PRICE OF GOODS AND TOTAL AMOUNT OF THE CONTRACT
ЦЕНА ТОВАРОВ И ОБЩАЯ СУММА КОНТРАКТА
4.1 The price is fixed
цена фиксирована
4.1 The price for the GOODS is fixed in USD
Цена на товар фиксируется в долларах США
4.2 The total price of the contract is USD ,
Общая сумма контракта составляет: USD_____
4.3 Packing charges , international sea shipping and insurance costs are included.
Упаковка обвинения, международные морские перевозки и страхования затраты включаются.
5.TERMS OF PAYMENT AND DELIVERY
УСЛОВИЯ ОПЛАТЫ И ДОСТАВКА
5. 1 Down payment: 35% of total contract price paid by T/T. After receiving payment, the Seller starts producing equipment
Первый взнос: 35% от общей стоимости контракта оплачивается T / T. После получения предоплаты, Продавец начинает изготавливать оборудование
5.2 payment before delivery: 60% of total contract price paid by T/T. A After receiving payment, the Seller
shall deliver the equipments soon,
оплата до поставки: 60% от общей стоимости контракта оплачивается T / T. После получения
оплаты, Продавец поставляет оборудование в ближайшее время,
5.3Quality guarantee deposit: 5% of total contract price paid by T/T. After receipt of the equipment and check its packaging by the buyer within 7 days
качество гарантийный депозит: 5% от общей стоимости контракта оплачивается T / T. После
получении оборудования и проверки его комплектации Покупатель в течении 7 дней
6. PACKING AND MARKING
УПАКОВКА И МАРКИРОВКА
7. FORCE MAJEURE
ФОРС-МАЖОР
If the force majeure event occurs (War, civil strife, earthquakes, fires, floods, etc.)
The two sides could not foresee its occurrence, when the consequences of its impact on the contract, Disputing party needs to send the certificate documents to other party to prove the force majeure event occurs. The documents should send to other party within 10 days.This documents can avoid the responsibility.
Если происходит событие форс-мажор (Война, гражданские беспорядки, землетрясения, пожары, наводнения и т.д.)
Обе стороны не могли предвидеть его появление, когда последствия ее воздействия на договоре, оспаривая партию необходимо отправить сертификат документов другой стороне, чтобы доказать
происходит событие форс-мажорные обстоятельства. Документы должны отправить на другой стороной в течение 10 дней. Этот документ может избежать ответственности.
8. ARBITRATION
Арбитраж
All disputes arising from the execution of , or in connection with this contract, shall be settled amicably through friendly negotiation. In case no settlement can be reached through negotiation, the case shall then be submitted to The China International Economic and Trade Arbitration Commission, Beijing, China,for arbitration in accordance with its Rules of Arbitration.
9. OTHER CONDITIONS
другие условия
In all other respects, if any matter is agreed by both parties, the contract can make modify.
This contract is signed in two copies in English and Russian. Each party get one copy, each copy is legal Во всех других отношениях, если любой вопрос согласовывается обеими сторонами, договор может делать изменения.
10. BANK DETAILS
БАНКОВСКИЕ РЕКВИЗИТЫ
10.1 BUYER(Продавец):
10.2 SELLER(Продавец):
BANK INFORMATION(Реквизиты банка )
COMPANY NAME: Fuchun Ind Dev Co.,Ltd. Shenzhen
ADDRESS: 15E XINHAI BUILDING,NANSHAN AVENUE, NANSHAN DISTRICT, SHENZHEN 518052,CHINA
TEL: 86-755-26575526 FAX: 86-755-26575026
Bank A/C NO: 745859587561
Bank Name: SONG RI DING SHENG SUB-BRANCH, SHENZHEN BRANCH, BANK OF CHINA Address of Bank: Songridingsheng Building North, No 9996,Shennan Road,Yuehai Sub-District, Nanshan District, Shenzhen ,China
SWIFT CODE: BKCHCNBJ45A
11.SIGNATURE OF EACH PARTY
ПОДПИСЬ каждая сторона
英文合同 篇6
Contract No.:XXX
Sales and Purchase ContractFOR
Manganese Ore
This contract is made and entered into onXX, Feb 20xx under terms and conditions as per the international chamber of commerce-600 (ICC UCP-600/20xx revision) by and between:
The Buyer:
Address:
Tel:
The Seller :
Address:
Tel:
Whereby seller agrees to sell to buyer and Buyer agrees to buy from seller Manganese Ore under following the terms and conditions stipulated below:
Article 1 Commodity
Concentrated manganese Ore
Article 2 Specifications
Concentrated Manganese Ore
Size: 0-5mm (90% min)
% Mn min. 40.0%
% Fe max. 15.0%
% Silica ( SiO2 ) max. 1.0%
% Aluminum ( Al ) max. 4.0%
% S max. 0.20%
% P max. 0.10%
Moisture max. 7%
Article 3 Quantity:
500 MT, partial shipment not allowed.
Article 4 Origin and Port of loading
4.1 Republic of ABC
4.2 Loading port:
Article 5 Packing/Delivery
5.1 In50 kg sack
5.2 Incontainer Shipment, more or less 20 tons.
Article 6 Shipment/Delivery
6.1 500MT(+/-5%)partial shipment not allowed
6.2 Shipment will be 90 days after signing of this contract and after the acceptance of the Letter of Credit by seller’s bank. L/C will be openedafter BuyerreceivingProforma Invoice from Sellerwith confirmation of the delivery schedule.
6.3 The Buyer has the right to appoint the independent surveyor or his representative to conduct the Pre-shipment Inspection and/or conduct the joint-inspection of the material with buyer for his own account.
Article 7 Contracted Price and Values
Price:Mn: 48% and above - USD0.00/%/DMTCFRCY Port, China
40% - 47.9% - USD 0.00 /%/DMTCFRCY Port, China
The Mn content will be average of the joint-inspection testing result at loading port.
Article 8 Payment
8.1 Payment shall be effected in full by an irrevocable Letter of Credit, which will be opened by 1stclass bank in Hong Kong or Singapore, 100% at sight upon presentation of shipping documents.
A. Seller’s Banking Details:
Bank Name :
Bank Address :
Account Name :
S.W.I.F.T. CODE SWIFT :
B. Buyer’s bank issues L/C to the Seller's bank via S.W.I.F.T. wire transfer.
Buyer’s Banking Details:
Bank Name : (will be advised)
Bank Address :
Account Name:
S.W.I.F.T. Address SWIFT :
Article 10 Inspection of Analysis & Weight
The shipmentinspection and analysis shall be done byCCICappointed by the Seller and one independent surveyor (i.e.: SGS or Geo-Chem, etc) appointed by the buyeras agreed by both parties at site before loading to container. While final weightand qualitydetermination shall be done atloadingportby the above joint-survey.Moisture content shall be deducted from the total weight shipped.
Article 11 Documents
Seller shall present the following documents to the buyer:
A. Signed Commercial Invoice for 100% of the total cargo value indicating, quantity, unit price and the total Amount of Value of the delivered commodity , 1 original and 3 copies.
B. Certificates of quantity, quality and weight issued byCCICand one independent surveyor appointed by the buyer.
C. Certificate of Origin issued by ABC Department Of Trade or concerned Government authorities, I original and 2 copies.
D. Weight List, showing total weight , 1 original and 3 copies.
E. Bill of Lading, 3 original copies and 3 non-negotiable copies.
Article 12 Force Majeure
The Seller shall not be responsible for the delay of shipment or non-delivery of the goods due to Force Majeureunder UCP 600. The seller shall advise the buyer immediately of the occurrence mentioned above and within 3 days thereafter the seller shall send a notice by courier to the buyer of their acceptance of a certificate of the accident issued by the local chamber of commerce under whose jurisdiction the accident occurs as evidence thereof. Under such circumstances the seller , however, are still under obligation to take all necessary measures to hasten the delivery of the goods. In case the accident lasts for more than 60 days the buyer shall have the right to cancel the Contract.
Article 13 Arbitration
All disputes arising out of or in connection with this Contract shall be finally resolved by arbitration in accordance with the Rules of Arbitration of the International Chamber of Commerce (UCP-600/20xx or Uniform Customs and Practice for Documentary Credits) by one or more arbitrators appointed in accordance with the said rules. The arbitration shall be conducted in ABCbythe English language.
Buyer Seller
关于购货合同:
其中购货合同指的是企业作为需向供货厂商(供方)采购材料,按双方达成的协议,所签订的.具有法律效力的书面文件,又称订购合同。
对于购货合同是指企业作为需向供货厂商(供方)采购材料,按双方达成的协议,所签订的具有法律效力的书面文件,又称订购合同。购货合同只有在合同条款不与企业所在地国家与地方实施的现行法律、法规和条例等相抵触,经合同有关双方相互承诺,并且合同各方在签订合同前没有欺骗对方的行为时才具有完全的法律效力。
英文合同 篇7
房屋买卖合同英文
Property Sale and Purchase Contract
(房屋买卖合同)
This Sale and Purchase Contract (the “Sale Contract” or this “Contract”) isentered into this ____ day of May, 20 :
BY AND BETWEEN
The Seller:
Legal Representative: Wang Xialin
Address:
Tel:
Buyer:
Passport No.:
Address:
Tel:
Each of Seller and Buyer is individually referred to herein as a “Party” andcollectively referred to herein as the “Parties”。
RECITALS
WHEREAS, Seller is the owner of the property of 14D, Building 3, Park ViewTower; Seller desires to sell to Buyer, and Buyer desires to acquire fromSeller, the entire ownership of the property and its associated granted land useright (the “Property”, as defined more specifically in Article 2 of this SaleContract);
NOW, THEREFORE, after friendly negotiations and in consideration of theProperty and the mutual covenants contained herein, the Parties hereby agree asfollows:
Article I Representations, Warranties and Covenants
1.1 Seller hereby represents and warrants that Seller is the duly registeredowner of the Property and possesses the complete beneficiary ownership rights tothe Property. The Property is free from any encumbrance, including but notlimited to mortgages and any other third party‘s interest and/or other debtdisputes.
1.2 Seller shall transfer the Property and its title deeds to Buyer inaccordance with the terms of this Contract.
Article II The Property
1.1 The Property is located at ___________________________________, Beijing.The Property Ownership Certificate No.: __________________, the Gross Floor Areaof the Property is ______________ square meters. The Land Use Right CertificateNo.: ________________, the Land Use Right Area is __________square meters withan expiration date of ___________.
Article III Purchase Price
Seller agrees to sell to Buyer, and Buyer agrees to purchase from Seller theProperty at an aggregate price of RMB ______________ (“Purchase Price”)
Article IV Payment Method and Title Transfer Procedure
1.1 Any payment of the Purchase Price under this Contract shall be made inRMB by Buyer in accordance with this Contract. Any bank fees or charges incurreddue to the payment should be borne by Buyer; any bank fees or charges incurreddue to the receipt of the payment imposed by the Seller‘s Bank should be borneby Seller. Seller’s designated Bank Account is described below:
Bank name:
Account name:
Account No: 204009978
1.2 Both Seller and Buyer appoint and fully authorize XXXX Law Firm (the“Lawyer”) to apply for the transfer of the title deeds of the Property and payrelevant taxes and fees and to take any other action and sign any documentnecessary to complete the above transfers promptly.
1.3 Within three (3) working days after the execution of this Contract, Buyershall pay to Seller, as an advance payment, fifty percent (50%) of the PurchasePrice, i.e. RMB ____________ (the “Advance Payment”)
1.4 Buyer shall pay, as the remaining payment, the other fifty percent (50%)of the Purchase Price, i.e. RMB ___________ (the “Remaining Payment”), byapplying for the second hand property mortgage loan from the Bank (the “Bank”)The Bank sould directly pay all mortgage loan to Seller‘s bank account asdescribed above.
1.4.1 Within ten (10) working days after the execution of this Contract,Buyer shall sign the mortgage loan agreement and other relevant documents withthe Bank, and get approval from the bank with respect to the mortgage loanapplication for the Remaining Payment. Buyer shall hand over the photocopies ofthe above-mentioned documents to the Lawyer.
1.4.2 Within ten (10) working days after the execution of this Contract, bothParties and the Bank shall sign a tri-party agreement (the “Tri-partyAgreement”) in which the Bank agrees to release the loan (equivalent to theRemaining Payment) to Seller‘s account directly. Buyer shall hand over thephotocopy of the Tri-party Agreement to the Lawyer.
1.4.3 After Seller confirms the receipt of the Advance Payment, and uponreceipt by the Lawyer of all of the documents and taxes and fees from bothParties as described in Article 6 and Article 7 of this Contract, and withinthree (3) working days after the documents mentioned in Article 4.4 above areprovided to the Lawyer, Lawyer shall submit the transfer application (with allnecessary supporting documents) of the Property Ownership Certificate to BeijingConstruction Committee Real Estate Exchange Center (the “Center”) Within three(3) working days after the transfer of the Property Ownership Certificate iscompleted, Lawyer shall submit the transfer application (with all necessarysupporting documents) of the Land Use Right Certificate to Beijing Land &Resource Bureau.
1.4.4 After the Property Ownership Certificate and the Land Use RightCertificate are transferred to Buyer, and after Lawyer receives all the originalcertificates, Lawyer shall provide to the Bank with these certificates inaccordance with the terms of the Tri-party Agreement. The bank, who will applyfor the mortgage registration of the Property, shall release the loan (RemainingPayment) directly to Seller once the mortgage registration is completed.
1.4.5 In case that the Bank has not approved the drawdown of the loan or theloan paid to Seller is less than the Remaining Payment within two (2) monthsafter Lawyer provides the Property Ownership Certificate and the Land Use RightCertificate to the Bank, Buyer agrees to make full payment of the RemainingPayment within five (5) working days after the above-mentioned two (2) monthsperiod expires.
Article V Taxes and fees
Except as otherwise provided therein, each Party shall be responsible for andshall pay all taxes and fees resulting from or payable in connection with thetransactions contemplated in this Contract as are imposed upon such Party by PRCLaw.
英文合同 篇8
This Agreement is made in Haidian District, _________(Placename)on _________,_________,_________(M,D,Y) among the following parties:
AAA (Passport No.: _________);
BBB (ID No.: _________);
CCC (ID No.: _________);
DDD (ID No.: _________);
EEE (ID No.: _________);
FFF (ID No.: _________); and HHH Co., Ltd., with official address being: _________(Address)hereinafter "HHH").
Whereas:
A. III entered into a three-year term loan agreement with HHH on _________,_________,_________(M,D,Y). Pursuant to the said loan Agreement, III has borrowed RMB_________ from HHH to invest in the establishment of JJJ Co., Ltd.
(hereinafter "JJJ Company").
B. BBB entered into a three-year term loan agreement with HHH on _________,_________,_________(M,D,Y). Pursuant to the said loan agreement, BBB has borrowed RMB_________ from HHH to invest in the establishment of the JJJ Company.
C. The JJJ Company was 70% owned by III and 30% owned by BBB right after its establishment.
D. III entered into the share transfer agreement on _________,_________,_________(M,D,Y) with each of AAA, CCC, DDD, EEE and FFF.
Pursuant to the said share transfer agreements, III has transferred 30% of the shares of the JJJ Company to AAA and 10% of the shares of the JJJ Company to each of CCC, DDD, EEE and FFF.
E. A debt transfer and assumption agreement was entered into on _________,_________,_________(M,D,Y) among III, AAA, CCC, DDD, EEE, FFF and HHH. Pursuant to the said debt transfer and assumption agreement, III has transferred his repayment obligation under the aforementioned loan agreement with HHH to AAA, CCC, DDD, EEE, and FFF; AAA has assumed RMB_________ loan obligation from III and each of CCC, DDD, EEE and FFF has assumed RMB_________loan obligation from III.
F. As of the date of this Agreement, each of AAA and BBB owns 30% of the shares of the JJJ Company and each of CCC, DDD, EEE and FFF owns 10% of the shares of the JJJ Company. To maintain their interest in the JJJ Company, each of AAA and BBB owes HHH RMB_________ and each of CCC, DDD, EEE and FFF owes HHH RMB_________.
Therefore, the parties agree to the following regarding the repayment of loan from each of AAA, BBB, CCC, DDD, EEE and FFF to HHH:
1. Repayment of Loan
1.1 HHH has the right to request each of AAA, BBB, CCC, DDD, EEE and FFF (each hereinafter "the borrowing p
英文合同 篇9
技 术 合 作 协 议
Technical Cooperation Agreement
甲方:XX油脂化学有限公司
Party A: XX Grease Chemical Co. , Ltd.
地址: XX高新技术工业园
Address:XXHigh-tech Industrial Park
法定代表人:XXX
Legal Representative: XXX
乙方:
Party B:
地址:
Address:
本协议合作双方就组建技术研发团队事项,经过平等协商,在真实、充分地表达各自意愿互惠互利的基础上,根据《中华人民共和国合同法》的规定,达成如下协议,并由合作各方共同恪守。
This Agreement, concerning the setting up of a technical research and development team, is made according to the Contract Law of PRC regulations and entered into through equal negotiation by both Parties as the free and full expression of their own wishes to mutual benefits, and to this end both Parties shall abide by this Agreement as following.
第一条、 甲方同意雇用乙方为新产品研发技术顾问。乙方同意为甲方提供技术
顾问服务。
Article 1: Party A hereby agrees to employ party B as the technical consultant for the new product research and development. Party B hereby agrees to offer technical consultation service to Part A.
第二条、 甲方同意每月支付乙方的研究费用,包括:薪资、办公费、检测费、
差旅费以及其他相关费用。
Article 2: Party A hereby agrees to pay Party B for the research each month, including salaries, administrative expenses, detection cost, traveling expenses and other cost associated.
第三条、 乙方有责任为甲方提供相关国内外技术及市场信息,并及时答复甲方
技术上所遇到的问题。
Article 3:Party B is responsible to provide relevant technical and market information home and abroad and is ready to answer any technical problem frequently asked by Party A.
第四条、 乙方有义务向甲方提供有关个人简历和相关证明材料,甲方要尊重乙
方个人隐私,有义务妥善保管相关材料。
Article 4: Party B shall has the obligation to provide Party A with any relevant personal resume and reference documents as necessary. Party A shall respect the personal privacy of Party B and has the obligation to properly keep those materials.
第五条、 乙方同意所研发的产品所有知识产权归甲方所有,乙方不得将相关技
术信息泄露给任何第三方,否则需要承担一切法律后果。
Article 5: Party B hereby agrees that the intellectual property of any product as researched and developed herein shall be owned by Party A. Party B shall not be allowed to disclose any technical information concerned to the third party, or it shall take all the legal consequences.
第六条、 甲乙双方同意通过紧密合作达到共同目标;每年增加一到三个项目;
每年申请一到三个发明专利;每年完成一到两个能够通过专家认证的
新产品;每年至少向市场推广两个产品。
Article 6: Both Parties agree to achieve their common goals by their close cooperation. It is planned to add one to three projects each year and to apply for one to three patents for inventions each year, to make one to two new products certified by experts each year, and to promote at least two products to the market each year.
第七条、 此协议甲乙双方各执一份,没有在协议中提到的事项双方需协商解决。 Article 7: This Agreement is held by both Parties, one for each respectively. Any issue not mentioned in this Agreement shall be settled by both Parties through negotiation.
此协议从签字当日起生效。
This Agreement shall take effect from the date of signature.
甲方:乙方:
Party AParty B:
签字:签字:
Signature: Signature:
日期:日期:
DateDate:
英文合同 篇10
有限公司(以下简称甲方)系外商投资经营企业,现聘用 (以下简称乙方)为甲方合同制职工。根据《劳动法》和《上海市劳动合同条例》以下简称(条例),甲乙双方本着诚信、平等、协商的原则,一致同意签定本合同。
(hereinafter referred to as “party A”) is a foreign- invested enterprise and employs xx hereinafter referred to as “party B”) as an employee by contract, according to the“labor law” and the “ordinance on shanghai labor contract”, (hereinafter referred to as “regulation”), both parties agree to sign the contract on the principle of good faith, equality and consultation.
第一条 合同期限 article 1 term of the contract
合同有效期限自 至 止,为期壹年。其中 至 为试用期。
The term of contract starts as from to ; totally one year(s). the probation period thereof is as from to .
第二条 工作岗位 article 2 work position
1乙方应从事办公室经理工作。乙方将按照甲方的要求工作。其基本职责如下:
(1)人力资源
(2)自德国总部进口产品
(3)日常办公室事务处理
(4)观察收集市场信息
(5)客户服务
(6)会计相关信息支持
(7)销售团队相关信息支持
(8)仓库管理,包括货物和样品管理
Party B shall engage office manager in. party B shall perform his duties according to instructions of party A. party B’s basic duties are detailed as follows:
(1)labor management
(2)import the products from German headquarter
(3)manage the daily office routine
(4)monitor and collect market information
(5)customer service
(6)support accountant with relevant information
(7)support the sales team with relevant information
(8)warehouse management ,including the goods and samples.
2. 甲方因工作安排需要和根据乙方的工作能力和工作表现,可随时更改乙方劳动报酬,但应在国家法律规定的范围内。
According to the needs of work, the work ability and the work performance of party B, party A can change the income of party B at any time, but subject to the regulations made by the state.
3.如果甲方认为乙方的工作能力和工作表现不符合本条第1款规定的工作要求,甲方有权在任何时候调换乙方的工作岗位、工作地点及劳动报酬,或解除本劳动合同。
If party A thinks that party B’s work ability and work performance can not meet the requirements under item 1 of this article , party A has the right to change party B’s work position, the location of working, the income, or terminate the labor contract at any time.
第三条 工作条件和劳动保护 article 3 working conditions and working protection
甲方须为乙方提供符合国家规定的安全卫生的工作环境,并向乙方提供必要的劳动防护用品。
Party A shall provide party B with the safe and healthful working environment and essential working protection according to the prc regulations.
第四条 工作时间 article 4 working time
1. 乙方每天和每周工作时间参照甲方有关规定。
The daily and the weekly working time refer to party A’s relative regulations.
2.乙方享有国家规定的法定节假日、年假和其他法律法规和员工手册规定的假日。
Party B is entitled to mandatory public holidays, the annual leave and other leaves according to laws and regulations and labor handbook.
3.乙方为甲方工作满12个月后,乙方每年可享有10天带薪休假;工作满五年后每年享有15天带薪休假;满十年后每年享有20天带薪休假。乙方要休假时,应提前壹个月向甲方提出书面申请,得到甲方书面批准后,乙方才可休假。但员工每年可以享有最多五天的跨年度带薪休假。跨年度休假必须在第二年第一季度最后一天前休完。
After working for party A for 12 months, party B is entitled to 10 days annual leave with full income each year. after working for party A for 5 years, party B is entitled to 15 days annual leave with full income each year. after working for party A for 10 years, party B is entitled to 20 days annual leave with full income each year. when party B wants to have a vacation, party B should provide an application in writing one month in advance. upon the written approval from party A, party B may have a vacation with full income. but party B may enjoy at most five days’ trans- year annual leaves that shall be completed by the last day of march in the next year.
第五条 劳动报酬 article 5 compensation
1. 乙方收入参照本合同中附件1的规定。甲方实行新的工资制度时,乙方的工资待遇按新的制度予以调整。
The income of party B is set out in appendix i of this contract. the income of party B will be adjusted accordingly when party A carries out a new income system.
2. 甲方实行年12个月薪金制,工作满一年后,每年十二月份发双薪。发薪日为第二个月的5号左右。甲方视乙方在服务的上一年中的表现和甲方的财务状况决定乙方是否享有年终奖金。乙方若在得到年终奖金后的六个月内辞职的,应在其离开公司前返还其全额年终奖金。 Party A carries out a system of 12 months’ income each year,after he or she have worked for one year,he or she can get the double salary in decmber of each year. the day of payment is about the 5th day of the next month. the annual bonus is subject to party A’s financial situation and party B’s work performance in the previous year. if party B resigns within 6 months after party B received the annual bonus for the previous year, party B shall refund this bonus back to party A before party B leaves the company.
第六条 劳动保险和福利待遇 article 6 insurance and welfare
乙方因生、老、病、伤、残、死,甲方按国家和地方有关规定办理。
If party B gives birth, retires, falls in sickness, is injured, disabled, died, party A shall deal with it according to the national and local regulations relating to birth, pension, sickness, injure, disability and death.
第七条 劳动纪律及奖惩 article 7 working regulations, reward and punishment
1. 乙方应遵守国家的法律法规,并遵守甲方的各项规章制度。
Party B should abide by the law and regulations and the internal rules made by party A.
2. 乙方被依法追究刑事责任的, 合同自动解除。
this contract shall be terminated automatically if party B is accused by criminal charge.
3.未经甲方书面同意,乙方不得在外兼职,也不能在任何情况下使用或准许他人使用其为甲方工作期间所获得的任何信息,包括但不限于,泄漏任何技术,市场或财务文件或信息给第三方。任意此类违反将被视为严重违反合同,一经发现,乙方应向甲方支付违约金50,000元人民币。如造成甲方的经济损失,乙方应当承担赔偿责任。
Without the writing approval by party A, party B shall neither have a part time job outside at the same time nor in any form use or permit any person to use any information obtained during the period of its working for party A, including but not limited to, divulging or leaking any technical, market or financial documents or information to any third party. any disobey shall be considered as the serious breach of the contract. once found out, party B shall pay a penalty fee, amounting to 50,000 yuan to party A. if such breach causes the losses of party A, party B shall bear all liability for compensation.
4.对于甲方为了业务需要给予乙方的预支款,一般情况下,乙方应在预支后的十个工作日内提供甲方要求的结算凭证,返还剩余预支款,与甲方完成结算;无论如何,该预支款应在预支后一个月内结算完毕。
As to the advance granted by party A to party B for the business needs, in the normal case, party B shall provide invoices or bills for settlement required by party A, refund the remainder and complete the settlement with party A within ten working days from the date of the granting; in any event, such advance shall be settled in one month from the date of the granting.
第八条 合同的解除 article 8 terminate of the contract
1. 符合下列情况之一(除了第四项),甲方可以无需事先通知乙方解除本合同:
If any following situation (exclusive of item 4) occurs, party A has the right to terminate the contract without the notice in advance;
(1)在试用期内,甲方可无条件辞退乙方;
During the probation, party A may dismiss party B without any reason at any time;
(2)甲方认为乙方因严重违反劳动纪律或规章制度的;
Party A thinks that party B seriously violates the working discipline and stipulations;
(3) 乙方严重失职、营私舞弊、泄露重要商业信息;
Party B has serious neglect of duty,jobbery or leak out of important business information;
(4) 甲方认为乙方工作表现及能力不能达到本合同第二条第一款的要求;
Party A thinks that party B’s work performance and ability cannot meet the requirements under article 2 item 1 hereunder;
(5) 如果乙方严重违反最新<<员工手册>>及其他不时制定的规章制度。
If party B seriously violates any rules or regulations set out in the latest version of “labor handbook” and internal rules stipulated from time to time.
2. 符合下列情况之一的,甲方不得解除本合同,但本合同第八条第一款规定和法律法规规定的情况除外。
If any following situation occurs, party A has no right to terminate the contract, but except the situation set out in article 8 item 1 and laws and regulations.
(1) 乙方因病或非因工负伤在规定的医疗期内。
If party B is sick or injured, party A has no right to terminate the contract during the treatment or convalescence period.
(2) 实行计划生育的乙方(指女方)在孕期、产期和哺乳期间。
During the period of the pregnant, giving birth and lactation of party B who abide by the birth control regulation of prc.
3. 乙方提出辞职的。应提前以书面形式向甲方提出申请。未经甲方书面批准,乙方不得辞职。甲方只有在每年下述两个时期对乙方辞职申请进行答复。该两个时期为每年五月至六月(针对去年十一月至当年四月提出的申请),十一月至十二月(针对当年五月至当年十月提出的申请)。 在甲方批准乙方的辞职,乙方将工作项目与甲方交接后,并将所使用的所有仪器、工具以完好,清洁,功能正常的状态返还给甲方后,方可办理解除或终止合同的手续,但是前提是乙方还应自甲方接受其辞职后根据甲方要求,继续为甲方工作二个月,除非甲方放弃该权利。该二个月期满后,双方劳动关系最终解除或终止,乙方所享有的所有待遇如工资都即刻终止,其放弃提出任何经济要求。如果乙方不按照上述规定办理离职手续,在劳动关系正式解除前未经甲方同意即停止工作或不办理交接,即视乙方放弃所有根据法律和合同其享有的权利和待遇,如休假、任何补偿金等,甲方也不再对乙方负有任何责任,并有权追究其违约责任。
If party B wants to resign, she should provide party A with a written application in advance. without the written approval, party B is not allowed to resign the job. party A only makes a reply in response to party B’s application of resignation during the following two periods, which is the period from may to june and the period from november to december each year, respectively. the reply during the period from may to jun each year is made for the application provided in the period from november last year to april this year. the reply during the period from november to december each year is made for the application provided in the period from may to october this year. after party A approves, in writing, the resignation, party B handed over the works it is responsible for to party A and delivered all working tools used by party B in complete, clean, and good condition back to party A, party B can be allowed to go through the procedure of terminating the contract, provided however that per requirements of party A, party B shall continue working for party A for two months as from the date of the acceptance by party A of his resignation, unless party A waives the right of such requirement. when such two months expires, the contract is formally terminated, any claim and right enjoyed or had by party B, such as income claims, shall be deemed as termination or expiration. party B gives up all rights of any claims against party A. if party B fails to handle the procedure of resignation stipulated above, stop working for party A or reject handing over his works to party A without the consent of party A before the formal termination of labor contract, such activities of party B shall be deemed as the waive of any right and claims party B enjoys or provides according to the labor contract and laws, such as holidays and severance payment in all kinds, and therefore party A has no any liability to party B and has the right to take action against it.
4. 甲乙双方任何一方提出解除合同,应提前壹个月书面通知对方 ( 本合同第8.1和 9.3条规定的情况除外)。该书面通知原则上应由双方签字。如接受通知一方不同意签字,则通知方可将该通知以挂号信的方式邮寄至下述对方地址即视为送达。但按照本合同第8.1条(1)、(2)、(3)、(5)项规定解除劳动合同的不必提前通知对方除外。
If any party wants to terminate the labor contract, a written notice should be given to the other party 1 month in advance (exclusive of any one of article 8.1 and article 9.3). both parties should sign on this notice in principle. if the party receiving the notice is not willing to sign this notice, the notifying party shall post the notice by registered letter to the other party At the following address, which shall be deemed as delivery. according to any one of article 8. regulation 1. item (1),(2), (3),and (5),a written notice in advance is not required to be given by one party to the other party. party A’s address:
第九条 双方约定其他条款 article 9 other provisions agreed by parties
1. 在合同期间,所有与甲方雇用有关或执行甲方的任务或者主要是利用甲方提供的条件所完成的发明创造和成绩,无论是通过脑力或体力,均属职务发明创造,归甲方所有,未经甲方批准不得以乙方名义申请专利,不得对外公开或交付其他方使用。
All inventions and other achievements of party B whatever through intellectual as well as physical, which are made during and in connection with the employment at party A, or for completing the assignment of party A, or by the condition provided by party A, shall be deemed as employment invention and achievement and therefore belong to party A. without the approval by party A, party B shall not apply for patents and make it public and use it by other methods in the name of party B.
2. 对于甲方在本合同期内向乙方提供的培训,乙方应遵守甲方的培训规定, 并不得向第三方泄露培训涉及的事宜.
For each training provided by party A to party B during the term of the contract, party B shall follow the traininging instructions of party A strictly. any information provided relating to such training is not allowed to be disclosed to any third party.
3.乙方掌握甲方生产技术,专利,经营等商业秘密的,其不得向任何第三方透露任何与上述有关的信息,即使在合同终止或解除后。如果乙方在要求解除劳动合同时,应提前6个月向甲方提出书面申请,以便甲方进行必要的岗位调整,乙方同意在该期间内的工资按照调整后的岗位工资标准计算。
Where party B has access to technical, patent or management secrets, it is strictly forbidden for party B to leak out any of these information to any third party, even after termination of this contract. if party B wants to terminate this contract he should notify party A 6 months in advance with written resignation letter so that party A may move the position of party B. party B agrees that during said period, the income of party B is calculated according to the income standard for new position for party B.
第十条 违约责任 article 10 breach liability
1. 乙方违反本合同第八条第3款和第4款规定的时限解除劳动合同,必须支付相当于乙方一个月收入的赔偿金。
If party B violates the provisions relating to the time for terminating the contract prescribed in article 8. regulation 3 and 4 to terminate the contract, such party shall pay one-month income of party B to the other party As compensation.
2.无论双方以任何形式解除劳动关系,乙方必须及时根据甲方的要求办理完整工作交接手续,否则甲方将要求乙方支付相当于乙方一个月收入乘以乙方在甲方工作年限数的赔偿金。 Party B shall completely hand over the job in time to party A no matter under which condition to terminating the contract, otherwise party B should pay party A a compensation, amounting to one month income of party B multiplying the amount of years party B has been working for party A.
3. 乙方如违反本合同第九条任意一款,乙方必须支付甲方至少50,000元人民币。
If party B violates any regulation of article 9. party B shall pay at least 50,000 rmb a penalty to party A.
第十一条 劳动争议 article 11 dispute
本合同在上海签订. 甲乙双方发生劳动争议时,由争议的一方或双方向上海市 区劳动争议仲裁委员会申请仲裁。
this contract is signed by both parties in shanghai. if any dispute arises between party A and party B, the dispute can be solved by applying for arbitration with the district’s labor arbitration committee of shanghai.
第十二条 其他 article 12 miscellaneous
1. 本合同一式二份,甲乙双方各执一份,经甲方法定代表人或授权人签字和乙方签字并加盖甲方公章后生效。两份合同具有同等的法律效力。双方间的劳动关系正式从乙方的招工录用手续办理完毕之日起开始计算。
The contract is made in 2 originals, each party holding one. this contract becomes effective upon the execution of the legal representative of party A or authorized persons and party B, together with the company seal of party A. both originals have the same legal force. the labor relationship between both parties shall formally commerce as from the date of the completion of recruitment of party B.
2. 本合同签署后,乙方应配合甲方办理其招工录用手续。如因乙方个人原因导致招工录用手续无法及时办理完毕,乙方应承担由此引起的一切后果。
After the execution of this contract, party B shall cooperate with party A to handle the procedure of recruitment. in the event that party B’s personal reason causes the failure of completion of such recruitment, party B shall bear all liability incurred.
3. 如果与合同条款有关的国家法律法规有所变更, 该合同其他部份将继续有效。
If any clause or regulation of this contract is or will become invalid due to the change of national laws and regulations, the rest of this contract will remain valid.
4.甲方不时制定或修改的规章制度及《员工手册》是本合同的组成部分。
The internal rules and employee handbook stipulated or modified by party A from time to time constitute a part of this contract.
甲方: party A: 代表: representative: 盖章: stamp
乙方 party B: 身份证号码
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