英文版合同范本4篇.doc

英文版合同范本4篇 contract no: date: the buyer: the seller: the contract, made out, in chinese and english, both version being equally authentic, by and between the seller and the buyer whereby the seller agrees to sell and the buyer agrees to buy the undermentioned goods subject to terms and conditions set forth hereinafter as follows: 1 name of modity and specification 2 country of origin & manufacturer 3 unit price (packing charges included) 4 quantity 5 total value 6 packing (seaworthy) 7 insurance (to be covered by the buyer unless otherwise) 8 time of shipment 9 port of loading 10 port of destination mark shown as below in addition to the port of destination, package number, gross and weights, measurements and other marks as the buyer may require stencilled or marked conspicuously with fast and unfailing pigments on each package. in the case of dangerous and/or poisonous cargo(es), the seller is obliged to take care to ensure that the nature and the generally adopted symbol shall be marked conspicuously on each package. 12 terms of payment: one month prior to the time of shipment the buyer shall open with thebank of an irrevocable letter of credit in favour of the seller payable at the issuing bank against presentation of documents as stipulated under clause 18. a. of section ii, the terms of delivery of this contract after departure of the carrying vessel. the said letter of credit shall remain in force till the 15th day after shipment. 13 other terms: unless otherwise agreed and aepted by the buyer, all other matters related to this contract shall be governed by section ii, the terms of delivery which shall form an integral part of this contract. any supplementary terms and conditions that may be attached to this contract shall automatically prevail over the terms and conditions of this contract if such supplementary terms and conditions e in conflict with terms and conditions herein and shall be binding upon both parties. for the seller for the buyer section 2 14 fob/fas terms 14.1 the shipping space for the contracted goods shall be booked by the buyer or the buyers shipping agent . 14.2 under fob terms, the seller shall undertake to load the contracted goods on board the vessel nominated by the buyer on any date notified by the buyer, within the time of shipment as stipulated in clause 8 of this contract. 14.3 under fas terms, the seller shall undertake to deliver the contracted goods under the tackle of the vessel nominated by the buyer on any date notified by the buyer, within the time of shipment as stipulated in clause 8 of this contract. 14.4 10-15 days prior to the date of shipment, the buyer shall inform the seller by cable or telex of the contract number, name of vessel, eta of vessel, quantity to be loaded and the name of shipping agent, so as to enable the seller to contact the shipping agent direct and arrange the shipment of the goods. the seller shall advise by cable or telex in time the buyer of the result thereof. should, for certain reasons, it bee necessary for the buyer to replace the named vessel with another one, or should the named vessel arrive at the port of shipment earlier or later than the date of arrival as previously notified to the seller, the buyer or its shipping agent shall advise the seller to this effect in due time. the seller shall also keep in close contact with the agent or the buyer. 14.5 should the seller fail to load the goods on board or to deliver the goods under the tackle of the vessel booked by the buyer. within the time as notified by the buyer, after its arrival at the port of shipment the seller shall be fully liable to the buyer and responsible for all losses and expenses such as dead freight, demurrage. consequential losses incurred upon and/or suffered by the buyer. 14.6 should the vessel be withdrawn or replaced or delayed eventually or the cargo be shut out etc., and the seller be not informed in good time to stop delivery of the cargo, the calculation of the loss in storage expenses and insurance premium thus sustained at the loading port shall be based on the loading date notified by the agent to the seller (or based on the date of the arrival of the cargo at the loading port in case the cargo should arrive there later than the notified loading date). the abovementioned loss to be calculated from the 16th day after expiry of the free storage time at the port should be borne by the buyer with the exception of force majeure. however, the seller shall still undertake to load the cargo immediately upon the carrying vessels arrival at the loading port at its own risk and expenses. the payment of the afore-said expenses shall be effected against presentation of the original vouchers after the buyers verification. 15 c&f terms 15.1 the seller shall ship the goods within the time as stipulated in clause 8 of this contract by a direct vessel sailing from the port of loading to china port. transhipment on route is not allowed without the buyers prior consent. the goods shall not be carried by vessels flying flags of countries not aeptable to the port authorities of china. 15.2 the carrying vessel chartered by the seller shall be seaworthy and cargoworthy. the seller shall be obliged to act prudently and conscientiously when selecting the vessel and the carrier when chartering such vessel. the buyer is justified in not aepting vessels chartered by the seller that are not members of the piclub. 15.3 the carrying vessel chartered by the seller shall sail and arrive at the port of destination within the normal and reasonable period of time. any unreasonable aviation or delay is not allowed. 15.4 the age of the carrying vessel chartered by the seller shall not exceed 15 years. in case her age exceeds 15 years, the extra average insurance premium thus incurred shall be borne by the seller. vessel over 20 years of age shall in no event be aeptable to the buyer. 15.5 for cargo lots over 1,000 m/t each, or any other lots less than 1,000 metric tons but identified by the buyer, the seller shall, at least 10 days prior to the date of shipment, inform the buyer by telex or cable of the following information: the contract number, the name of modity, quantity, the name of the carrying vessel, the age, nationality, and particulars of the carrying vessel, the expected date of loading, the expected time of arrival at the port of destination, the name, telex and cable address of the carrier. 15.6 for cargo lots over 1,000 m/t each, or any other lots less than 1,000 metric tons but identified by the buyer, the master of the carrying vessel shall notify the buyer respectively 7 (seven) days and 24 (twenty-four) hours prior to the arrival of the vessel at the port of destination, by telex or cable about its eta (expected time of arrival), contract number, the name of modity, and quantity. 15.7 if goods are to be shipped per liner vessel under liner bill of lading, the carrying vessel must be classified as the highest or equivalent class as per the institute classification clause and shall be so maintained throughout the duration of the relevant bill of lading. nevertheless, the maximum age of the vessel shall not exceed 20 years at the date of loading. the seller shall bear the average insurance premium for liner vessel older than 20 years. under no circum -stances shall the buyer aept vessel over 25 years of age. 15.8 for break bulk cargoes, if goods are shipped in containers by the seller without prior consent of the buyer, a pensation of a certain amount to be agreed upon by both parties shall be payable to the buyer by the seller. 15.9 the seller shall maintain close contact with the carrying vessel and shall notify the buyer by fastest means of munication about any and all aidents that may our while the carrying vessel is on route. the seller shall assume full responsibility and shall pensate the buyer forall losses incurred for its failure to give timely advice or notification to the buyer. 16 cif terms: under cif terms, besides clause 15 c&f terms of this contract which shall be applied the seller shall be responsible for covering the cargo with relevant insurance with irrespective percentage. 17 advice of shipment: within 48 hours immediately after pletion of loading of goods on board the vessel the seller shall advise the buyer by cable or telex of the contract number, the name of goods, weight (/gross) or quantity loaded, invoice value, name of vessel, port of loading, sailing date and expected time of arrival (eta) at the port of destination. should the buyer be unable to arrange insurance in time owing to the sellers failure to give the above mentioned advice of shipment by cable or telex, the seller shall be held responsible for any and all damages and/or losses attributable to such failure. 18 shipping documents 18.a the seller shall present the following documents to the paying bank for negotiation of payment: 18.a.1 full set of clean on board, freight prepaid for c&f/cif terms or freight to collect for fob/fas terms, ocean bills of lading, made out to order and blank endorsed, notifying at the port of destination. 18.a.2 five copies of signed invoice, indicating contract number, l/c number, name of modity, full specifications, and shipping mark, signed and issued by the beneficiary of letter of credit. 18.a.3 two copies of packing list and/or weight memo with indication of gross and weight of each package and/or measurements issued by beneficiary of letter of credit. 18.a.4 two copies each of the certificates of quality and quantity or weight issued by the manufacturer and/or a qualified independent surveyor at the loading port and must indicate full specifications of goods conforming to stipulations in letter of credit. 18.a.5 one duplicate copy of the cable or telex advice of shipment as stipulated in clause 17 of the terms of delivery. 18.a.6 a letter attesting that extra copies of abovementioned documents have been dispatched aording to the contract. 18.a.7 a letter attesting that the nationality of the carrying vessel has been approved by the buyer. 18.a.8 the relevant insurance policy covering, but not limited to at least 110% of the invoice value against all and war risks if the insurance is covered by the buyer. 18.b any original document(s) made by rephotographic system, automated or puterized system or carbon copies shall not be aeptable unless they are clearly marked as original. and certified with signatures in hand writing by authorised officers of the issuing pany or corporation. 18.c through bill of lading, stale bill of lading, short form bill of lading, shall not be aeptable. 18.d third party appointed by the beneficiary as shipper shall not be aeptable unless such third party bill of lading is made out to the order of shipper and endorsed to the beneficiary and blank endorsed by the beneficiary. 18.e documents issued earlier than the opening date of letter of credit shall not be aeptable. 18.f in the case of c&f/cif shipments, charter party bill of lading shall not be aeptable unless beneficiary provides one copy each of the charter party, masters of mates receipt, shipping order and cargo or stowage plan and/or other documents called for in the letter of credit by the buyer. 18.g the seller shall dispatch, in care of the carrying vessel, two copies each of the duplicates of bill of lading. invoice and packing list to the buyers receiving agent, at the port of destination. 18.h immediately after the departure of the carrying vessel, the seller shall airmail one set of the duplicate documents to the buyer and three sets of the same to transportation corporation at the port of destination. 18.i the seller shall assume full responsibility and be liable to the buyer and shall pensate the buyer for all losses arising from going astray of and/or the delay in the dispatch of the above mentioned documents. 18.j banking charges outside the peoples republic of china shall be for the sellers aount. 19 if the goods under this contract are to be dispatched by air, all the terms and conditions of this contract in connection with ocean transportation shall be governed by relevant air terms. 20 instruction leaflets on dangerous cargo: for dangerous and/or poisonous cargo, the seller must provide instruction leaflets stating the hazardous or poisonous properties, transportation, storage and handling remarks, as well as precautionary and first-air measures and measures against fire. the seller shall airmail, together with other shipping documents, three copies each of the same to the buyer and transportation corporation at the port of destination. 21 inspection & claims: in case the quality, quantity or weight of the goods be found not in conformity with those as stipulated in this contract upon re-inspection by the china modity import and export inspection bureau within 60 days after pletion of the discharge of the goods at the port of destination or, if goods are shipped in containers, 60 days after the opening of such containers, the buyer shall have the right to request the seller to take back the goods or lodge claims against the seller for pensation for losses upon the strength of the inspection certificate issued by the said bureau, with the exception of those claims for which the insurers or owners of the carrying vessel are liable, all expenses including but not limited to inspection fees, interest, losses arising from the return of the goods or claims shall be borne by the seller. in such a case, the buyer may, if so requested, send a sample of the goods in question to the seller, provided that sampling and sending of such sample is feasible. 22 damages: with the exception of late delivery or non-delivery due to force majeure causes, if the seller fails to make delivery of the goods in aordance with the terms and conditions, jointly or severally, of this contract, the seller shall be liable to the buyer and indemnify the buyer for all losses, damages, including but not limited to, purchase price and/or purchase price differentials, deadfreight, demurrage, and all consequential direct or indirect losses. the buyer shall nevertheless have the right to cancel in part or in whole of the contract without prejudice to the buyers right to claim pensations. 23 force majeure: neither the seller or the buyer shall be held responsible for late delivery or non-delivery owing to generally recognized force majeure causes. however in such a case, the seller shall immediately advise by cable or telex the buyer of the aident and airmail to the buyer within 15 days after the aident, a certificate of the aident issued by the petent government authority or the chamber of merce which is located at the place where the aident ours as evidence thereof. if the said force majeure cause lasts over 60 days, the buyer shall have the right to cancel the whole or the undelivered part of the order for the goods as stipulated in contract. 24 arbitration: both parties agree to attempt to resolve all disputes between the parties with respect to the application or interpretation of any term hereof of transaction hereunder, through amicable negotiation. if a dispute cannot be resolved in this manner to the satisfaction of the seller and the buyer within a reasonable period of time, maximum not exceeding 90 days after the date of the notification of such dispute, the case under dispute shall be submitted to arbitration if the buyer should decide not to take the case to court at a place of jurisdiction that the buyer may deem appropriate. unless otherwise agreed upon by both parties, such arbitration shall be held in , and shall be governed by the rules and procedures of arbitration stipulated by the foreign trade arbitration mission of the china council for the promotion of international trade. the decision by such arbitration shall be aepted as final and binding upon both parties. the arbitration fees shall be borne by the losing party unless otherwise awarded. seller: buyer: 借款人： borrower: 贷款人： lender: 抵押人： mortgagor: 保证人： surety : 出质人： pledgeor: 为明确各方权利和义务，根据合同法、贷款通那么和其他有关法律、法规，订立本合同。 this contract is made in line with the contract law of the peoples republic of china and the general provisions of loans of the peoples bank of china to specify the rights and obligations of parties involved. 借 贷 条 款 loan borrowing clause 第一条 借款金额。见36.1 article 1. amount of loan: refer to 36.1 第二条 借款用途。见36.2 article 2. purpose of loan: refer to 36.2 第三条 借款期限。 article 3. life of loan 31见363。 3.1 refer to 36.3 32借据或贷款凭证是本合同不可分割的组成局部。借款的实际放款日和还款日以借款 人、贷款人双方办理的借据或凭证上所记载的日期为准。除日期外，借据或凭证其他记载事项 如与本合同不一致的，以本合同为准。 3.2 a certificate of indebtedness or a loan voucher is an integral part of this contract. the date of advance and payment due date shall follow the date specified on the certificate of indebtedness or loan voucher . where there is any inconsistency between the stipulations on the certificate of indebtedness or loan voucher and the terms and conditions on this contract except date, the latter shall prevail. 第四条 借款划付。在借款人办妥借款手续后5个营业日内将全部款项划至借款人指定的账户，划付次数、时间、金额见 364 。 第五条 article 4 transferring of loan. the full amount of loan shall be transferred to an aount designated by the borrower within 5 working days from the date of pleting borrowing procedure. refer to 36.4 for the frequency, time and amount of transferring 第五条 借款利率和计息。 article 5. interest rate of loan and calculation 51借款利率。本合同项下借款利率根据国家有关规定，确定利率见365 。遇利率调整时，借款期限在1年(含)以下的，执行合同利率，不分段计息；借款期限在1年以上的，实行分段计息，从利率调整的次年1月1日开始，按相应利率的档次执行新的利率；如借款人未按约定时间归还借款本息或未按合同约定用途使用借款，贷款人将按国家规定对借款人计收罚息，罚息率见366。 5.1 interest rate of loan: the interest rate under this contract is specified in 36.5 in line with relevant rules. in case of change of interest rate, the interest rate stipulated in the contract shall prevail for loans with a life of less than or equal to one year; for loans with a life exceeding one year, the interest shall be calculated on a multi-stage basis, i.e. from next jan. 1st following the adjustment of interest rate, the new rate shall prevail. in case the borrower fails to repay the principal and interest before the due date, or fails to use the loan for purposes as agreed in this contract, the lender shall be entitled to collect default interest in line with relevant rules. the default interest rate is specified in 36.6. 52遇利率调整时，实行分段计息的，贷款人有权根据国家有关规定自行调整，不另行通知借款人。 5.2 in case of calculating interest on multi-stage basis due to adjustment of interest rate, the lender shall be entitled to adjust the interest rate on his own without further notice to the borrower. 第六条 还款方式。 article 6 type of repayment of loan 61借款人应在贷款人开设帐户，户名和帐号见 367 ，并保证在每次还款日前足额存入当期应还款项的存款。借款人在此授权贷款人从借款人该帐户中扣收借款本金、利息和可能发生的复利、罚息、违约金、保费、损害赔偿金及实现债权的费用(含律师费和诉讼费)。如该帐户资产缺乏以归还到期的贷款本息，贷款人有权从借款人在中国工商银行任何分支机构开立的任何帐户划收。 6.1 the borrower should open an aount with the lender( the aount name and aount number are specified in 36.7.) and promise to deposit sufficient money for repayment before each due date. the borrower hereby authorizes the lender to collect , if any, pound interest, default interest, liquidated damage, premium, pensation and expenses arising from the realization of creditors right (including lawyers fee and court expense)in addition to due principal and interest of loan. in case the asset in this aount is not enough for repayment of due principal and interest, the lender shall be entitled to collect from any aount opened by the borrower with any branch of icbc. 62贷款人与借款人双方商定，自贷款发放次月起，借款人按月归还贷款本