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Click to edit Master title style,Click to edit Master text styles,Second level,Third level,Fourth level,Fifth level,本资料仅供参考，不能作为科学依据。谢谢。本资料仅供参考，不能作为科学依据。本资料仅供参考，不能作为科学依据。谢谢。不能作为科学依据。,单击此处编辑母版标题样式,本资料仅供参考，不能作为科学依据。谢谢。本资料仅供参考，不能作为科学依据。本资料仅供参考，不能作为科学依据。谢谢。不能作为科学依据。,Unit 6,Contract,1/54,Section 1,Getting Things Ready,understand the format and key terms of a contract,discuss the terms of a contract,(price,order,size,delivery,payment),complete a contract,In this unit,you will learn:,2/54,Section 1,Getting Things Ready,3/54,Language Study,签协议,_ a contract,甲方乙方,_ A&B,确认协议产品质量、规格和数量,_ the quality,specification,quantity of the contracted product,买方负责保险,_ is effected by the Buyer.,无偿,_ of charge,赔偿损失,_ for the loss,开具信用证,_ Letter of Credit,sign,Party,confirm,Insurance,free,compensate,open/issue,4/54,Language Study,违反协议,_ the contract,处理争端和分歧,settle disputes and _,协议推行,the _ of contract,提交仲裁,_ arbitration,要求条款,_ terms and conditions,恪守全部条款,_ all the terms and conditions,breach,divergences,execution,submit,stipulate,abide by,5/54,Language Study,hereinafter:,(adv.,Law),以下,在下文中,e.g.Johnson Company,hereinafter,referred to as the Seller,约翰逊企业（以下简称卖方）,therein:,(adv.)in that place,or in that piece of writing,在那里，在那方面,e.g.The two parties have agreed to abide by all the terms and conditions stipulated,therein,.,双方恪守其中要求全部条款。,6/54,stipulate,abide by,in accordance with,submit,arise from,in favor of,issue,effect,confirm,Section Two,Things to Do,Activity One Listen and Write,commence,7/54,Section Two,Things to Do,Do you know any of the format and key terms of a contract?,8/54,Activity 2:Read and Complete,Section 1,Getting Things Ready,This contract is made on December 12,between Johnson Company and the Guangdong Hua Hai Company.The Seller has 1 _ to sell 220 sets copiers to the Buyer.The total FOB price is USD 510,000.The 2 _ is to commence within 30-40 days.The Buyer shall 3 _ a 100%confirmed,irrevocable letter of credit in favor of the Seller.The Seller or the Buyer shall not be responsible for non-delivery or breach of contract for any reason due to Force Majeure.In case of no settlement can be reached,the 4 _ shall be submitted to arbitration.The 5 _ shall take place in China and be conducted by the Foreign Economic and Trade Arbitration Commission of CCPIT.,agreed,shipment,open,disputes,arbitration,9/54,1.Preamble(,导言,):,title,contract number,date of signing,signing parties,place of signing,whereas clause,（订约缘由）,and so on.,Purchase Contract,No:1212190,Date:December 12,This contract is made on December 12,in Guangzhou,between Johnson Company(hereinafter referred to as the Seller)and the Guangdong Hua Hai Company(hereinafter referred to as the Buyer)whereby the Seller has agreed to sell and the Buyer has agreed to buy copiers(hereinafter referred to as contracted product).The quality,specifications,quantity of the contracted product have been confirmed by both Parties and this contract is signed with the following terms and conditions:,购货协议,协议号：1212190,日 期：12月12日,12月12日，约翰逊企业（以下简称卖方）和广东华海企业（以下简称买方），鉴于卖方同意出售，买方同意购置复印机（以下简称协议货物）。协议货物质量、性能、数量经双方确认，并签署本协议，条款以下：,10/54,1.Contracted Product:copiers,协议货物：复印机,2.Quantity:220(two hundred and twenty)sets,数量：,220,台,3.Origin:Germany,原产地：德国,4.Price:USD 510,000 FOB,价格：,USD 510,000FOB,（离岸价,51,万美元）,5.Shipment,Shipment is to commence,within,30-40 days,from the date of receipt of,letter of credit,装船,装船应于收到信用证后,30,至,40,天内给予办理。,2.Body,（正文）,:,contracted product,quality,quantity,packing,price,shipment,payment,insurance,inspection,claim,force majeure,arbitration,governing law,（适使用方法律）,and so on,.,11/54,6.Insurance,To be effected by the Buyer.,保险,由买方办理,7.Packing,In new wooden cases,free of charge.,包装,用新木箱无偿装箱,2.Body,（正文）,:,contracted product,quality,quantity,packing,price,shipment,payment,insurance,inspection,claim,force majeure,arbitration,governing law,（适使用方法律）,and so on,.,12/54,8.Payment,The Buyer shall open a 100%confirmed,irrevocable letter of credit,in favor of,the Seller,within,5 calendar days,from date of,the agreement,through,the issuing bank.,付款条件,签署协议后,5,天（公历日）内买方经过开证行开出以卖方为受益人，保兑总金额,100,、不可撤消信用证。,2.Body,（正文）,:,contracted product,quality,quantity,packing,price,shipment,payment,insurance,inspection,claim,force majeure,arbitration,governing law,（适使用方法律）,and so on,.,13/54,9.Force Majeure,The Seller or the Buyer shall not,be responsible for,non-delivery or breach of contract for any reason,due to,Force Majeure,(,which may include war,strike,lockout,government import or export restriction,severe destruction by fire or flood or other natural factors beyond the control of human beings,),.,不可抗力,卖方或买方均不能负担因为不可抗力任何原因所造成无法交货或违约，不可抗力任何原因包含战争、罢工、封锁、政府对进出口限制、火灾或水灾或人类所不能控制自然原因所造成严重破坏。,2.Body,（正文）,:,contracted product,quality,quantity,packing,price,shipment,payment,insurance,inspection,claim,force majeure,arbitration,governing law,（适使用方法律）,and so on,.,14/54,10.Arbitration,All disputes or divergences,arising from,the execution of the contract shall be settled through friendly discussion between both Parties.,In case,no settlement can be reached,the disputes shall,be submitted to,arbitration.The arbitration shall take place in China and,be conducted by,the Foreign Economic and Trade Arbitration Commission of CCPIT.,仲裁,因执行本协议所发生一切纠纷分歧，双方应经过友好协商处理。如经协商不能处理时，则提交仲裁处理。仲裁地点在中国，由中国国际贸易促进委员会对外经济贸易仲裁委员会仲裁。,2.Body,（正文）,:,contracted product,quality,quantity,packing,price,shipment,payment,insurance,inspection,claim,force majeure,arbitration,governing law,（适使用方法律）,and so on,.,15/54,11.Valid period,The contract will automatically become,null and void,should the Buyer fail to open a letter of credit,in favor of,the Seller,within,7(seven)days,after,signing of this contract.,使用期限,本协议签字后，在,7,天内买方不能开出以卖方为受 益人信用证，本协议将自动失效。,2.Body,（正文）,:,contracted product,quality,quantity,packing,price,shipment,payment,insurance,inspection,claim,force majeure,arbitration,governing law,（适使用方法律）,and so on,.,16/54,3.,Witness,（结尾条款）,:,concluding sentence,signature,seal,（盖章）,and so on.,This contract is made,in duplicate,;both Parties have read carefully and agreed to,abide by,all the terms and conditions,(,stipulated therein,),.The contract is signed by both Parties.,本协议一式两份，经双方仔细审阅并恪守其要求全部条 款，双方签字。,The Seller:Johnson Company,The Buyer:Guangdong Hua Hai Company,卖方：约翰逊企业,买方：广东华海企业,17/54,Read and Think,Task 1 Test your problem-solving ability.,What is CCPIT,?,CCPIT:China Council for the Promotion of International Trade,中国国际贸易促进委员会,Established in May 1952,China Council for the Promotion of International Trade(CCPIT)comprises VIPS,enterprises and organizations representing the economic and trade sectors in China.It is the most important and the largest institution for the promotion of foreign trade in China.The aims of the CCPIT are to operate and promote foreign trade,to use foreign investment,to introduce advanced foreign technologies,to conduct activities of Sino-foreign economic and technological cooperation in various forms,to promote,18/54,Read and Think,the development of economic and trade relations between China and other countries and regions around the world,and to promote the mutual understanding and friendship between China and peoples and economic and trade circles of all nations around the world,in line with law and government policies of the Peoples Republic of China.With the approval of the Chinese government,the CCPIT started to adopt a separate name:China Chamber of International Commerce(CCOIC)in 1988,which is used simultaneously with the CCPIT.The CCPIT admits new members from among enterprises in all parts of China and promotes trade through its functions of information consultation,exhibition,legal assistance,etc.,19/54,Read and Think,Task 2,Tell whether the,following statements are true or false.Write T for True and F for False.,1.The contracted products should be delivered within 30-40 days from the date of the Sellers receiving of letter of credit.,2.The insurance of the contracted products is to be effected by the Seller.,3.The Buyer should pay for the packing of the contracted products.,4.The Seller shall not be responsible for non-delivery if the contracted products are severely destroyed by flood.,5.The contract will automatically become invalid should the Buyer fail to open a letter of credit in favor of the Seller within 7 days after signing of the contract.,6.Both the Buyer and the Seller have read carefully and agreed to abide by all the terms and conditions listed in the contract.,T,T,F,F,T,T,20/54,Read and Think,Task 3 Give brief answers to the following questions.,1.When and where is the contract signed?,The contract is signed on December 12,in Guangzhou.,2.What is the origin of the contacted products?,Germany.,3.What is the payment term?,The Buyer shall open a 100%confirmed,irrevocable letter of credit in favor of the Seller within 5 calendar days from date of the agreement through the issuing bank.,21/54,Read and Think,4.In case of no settlement can be reached,how should the Parties deal with the disputes?,Both Parties should submit the disputes to arbitration.,5.Where should the arbitration be conducted?,The arbitration shall take place in China and be conducted by the Foreign Economic and Trade Arbitration Commission of CCPIT.,6.Have you ever signed a contract?What is it?,Open.,22/54,Read and Think,Task 4 Match A with B,1-g 2-b 3-h 4-f 5-j 6-a 7-i 8-c 9-d 10-e,23/54,Read and Think,Task 5,Fill in the blanks with the right words or phrases.Change the form where necessary.,1.According to the contract,the insurance of the contracted products should be _ by the seller.,2.John is going to _ business as a trader next month.,3.The countrys economic difficulties _ the reduced value of its money.,4._ the contract,the goods will be delivered on Dec.26.,confirm,commence,effect,issue,in favor of,arise from,submit,in accordance with,abide by,stipulate,effected,commence,arise from,In accordance with,24/54,Read and Think,5.The note-_ bank in China is the Peoples Bank of China.,6.The terms and conditions of the contract are _ by both Parties.,7.The Buyer should open an irrevocable letter of credit _ the Seller within 7 days.,8.It was _ that the payment should be made within 5 days.,9.If disputes or divergences cannot be settled through friendly discussion between both Parties,they should be _ to the law court.,10.Every citizen shall _ the laws.,issuing,confirmed,in favor of,stipulated,submitted,abide by,25/54,Read and Think,Task 6 Read and Translate,1.The Seller or the Buyer shall not,be responsible for,non-delivery or breach of contract for any reason due to Force Majeure.,依据协议，卖方应该为这次损失负责。,According to the contract,the Seller should,be responsible for,the loss.,甲方应负责协议货物投保。,Party A should,be responsible for,the insurance of the contracted goods.,26/54,Read and Think,2.,All disputes or divergences,arising from,the execution of the contract shall be settled through friendly discussion between both parties.,这类因疏忽引发意外事件是能够防止。,Such accidents,arising from,these carelessnesses can be avoided.,因这种情况所产生难题极难处理。,The difficulties,arising from,such situations are very difficult to deal with.,27/54,Read and Think,3.,In case,no settlement can be reached,the disputes shall be submitted to arbitration.,倘有火灾，请拨,119,电话。,In case of fire,please dial 119.,倘有大雪，航班将会推延。,In case of,heavy snow,the flight will be put off.,28/54,Read and Think,4.The contract will automatically become null and void should the Buyer,fail to,open a letter of credit in favor of the Seller within 7(seven)days after signing of this contract.,因为交通严重堵塞，玛丽没能按时赶到这里。,Mary,failed to,arrive here on time due to the traffic jam.,假如甲方没能按时交货应赔偿乙方损失。,Party A should be responsible for/compensate for the loss of Party B should Party A,fail to,deliver the contracted goods on time.,29/54,Read and Think,5.This contract is made in duplicate;both Parties have read carefully and,agreed to,abide by all the terms and conditions stipulated therein.,考虑到双方长久建立业务关系，我方同意降价。,Taking the long established business relationship between us into consideration/considering,we,agreed to,reduce the price.,经过,30,分钟热烈讨论，我们全部些人都同意毁约。,After 30 minutes hot discussion,we all,agreed to,breach the contract.,30/54,Section 3,Things to Write,When writing a contract,you should include the following:,1.,Preamble,(,导言,),:,title,contract number,date of signing,signing parties,place of signing,whereas clause,（订约缘由）,and so on.,2.,Body,（正文）,:contracted product,quality,quantity,packing,price,shipment,payment,insurance,inspection,claim,force majeure,arbitration,governing law,（适使用方法律）,and so on,.,3.,Witness,（结尾条款）,:,concluding sentence,signature,seal,（盖章）,and so on.,Task 1 Study the following tips for writing.,31/54,Section 3,Things to Write,Words and phrases:,hereinafter referred to as,以下简称,whereby,鉴于,enter into force,（协议）开始生效,contracted product,协议货物,FOB,离岸价,CIF,到岸价,duty(,进出口货,),关税,handling charges,手续费，装卸费，搬运费,letter of credit,信用证,sight draft,即期汇票,contracted obligations,协议义务,force majeure,不可抗力,arbitration,仲裁,null and void,失效,in duplicate,一式两份,Task 2 Study the following language for writing.,32/54,Section 3,Things to Write,Sentence patterns:,hereinafter referred to as the Seller/Buyer,The insurance is to be effected by the Buyer.,The Seller should take care of the quality,quantity,packing,and shipping.,The goods should be packed in new wooden cases,free of charge.,The Seller or the Buyer shall not be responsible for non-delivery or breach of contract for any reason due to Force Majeure,.,In case of no settlement can be reached,the disputes shall be submitted to arbitration.,This contract is made in duplicate,both Parties have read carefully and agreed to abide by all the terms and conditions stipulated therein.,33/54,Section 3,Things to Write,Task 3 Study the following model for witing.,ABC Company(hereafter referred to as Party A,represented by Mr.Jones)and Guangdong Import and Export Corporation(hereafter referred to as Party B,represented by Mr.Zhao Xiaoming)have entered into this contract after friendly negotiations between representatives of both Parties with the following terms and conditions:,1)The Seller will arrange and sell 320 sets of printing machines in the following two fiscal years;,2)The Seller should take care of the quality,quantity,packing,and shipping;,3)The Buyer should pay the Seller by irrevocable L/C and take care of the insurance;,34/54,Section 3,Things to Write,4)Claim shall be made within 10 days of goods arrival;,5)Neither party shall break the contract without mutual agreement;,6)The present contract is written in English and each party shall keep one of them.,7)The present contract is valid for 2 years,after which it may be extended,amended or discontinued.,8)The contract shall enter into force immediately after signing by the representatives of both parties.,The representative of Party A:Jones The representative of Party B:Zhao Xiaoming,Dec.12,Dec.12,35/54,As the 1)_ of Party B,Party A agrees to 2)_ HD-16 machines to Party B 3)_ US$10,000 each.The delivery procedure is that Party A shall 4)_ the HD-16machines wi
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