商务合同翻译

合同翻译

1、 Provided that if, in the opinion of the Engineer, the Contractor is liable to do such work at his own cost under the Contract, all the costs in question consequent thereon or incidental thereto shall, after due consultation with the Employer and the Contractor, be determined by the Engineer, and shall be recoverable from the Contractor by the Employer, and may be deducted.by the Employer from any monies due or to become due to the Contractor。如工程师认为承包人有责任按合同规定自费完成此项工作，则由此产生的或附带的一切费用，在与业主和承包人进行适当协商后，由工程师决定，雇主应向承包商收回，并可予以扣除。由雇主从应付或即将应付给承包商的任何款项中支付。

2、  The manufacturers shall, before delivery, make a precise and comprehensive inspection of the goods concerning their quality. specifications, performance and quantity and issue certificates certifying that the goods are in conformity with the stipulations of this contract. The certificates shall form an integral part of the documents to be presented to the Paying Bank for negotiation/collection of payment, but shall no be considered as final documents in respect of quality, specifications, performance and quantity.

发货前，制造厂应对货物的质量作精确、全面的检验。规格、性能和数量，并出具证明，证明货物与本合同的规定相符。该证明应是向付款银行议付/托收货款时所提交单据的组成部分，但不应被视为有关质量、规格、性能和数量的最终单据

3、 Arbitration
Any dispute arising from or in connection with the Contract shall be settled through friendly negotiation. In case no settlement is reached, the dispute shall be submitted to China International Economic and Trade Arbitration Commission (CIETAC), Shenzhen Commission, for arbitration in accordance with its rules in effect at the time of applying for arbitration. The arbitral award is final and binding upon both parties凡因本合同引起的或与本合同有关的任何争议应通过友好协商解决。如协商不成，应提交中国国际经济贸易仲裁委员会深圳分会，按照申请仲裁时该会现行有效的仲裁规则进行仲裁。仲裁裁决是终局的，对双方均有约束力

4、 If any enterprise with foreign investment goes into liquidation, and if the balance of its net assets or the balance of its remaining property after deduction of the enterprise's undistributed profit, various funds and liquidation expenses.exceeds the enterprise's paid-in capital, the excessportion shall be liquidation income on which income tax shall, in accordance with the provisions of this Law. be paid.外商投资企业进行清算，其净资产余额或剩余财产扣除企业未分配利润、各项资金和清算费用后的余额。超过企业实收资本的，为清算所得，依照本法规定缴纳所得税。得到报酬

5、 In the case of a contract which, according to the laws or administrative regulations of the Peoples Republic of China, is to be formed with the approval of the state, the assignment of the contractual rights and obligations shall be subject to the approval of the authority which approved the contract, unless otherwise stipulated in the approved contract. 

依照中华人民共和国法律、行政法规的规定，经国家批准订立合同的，转让合同权利、义务，应当经批准合同的机关批准，除非批准的合同中另有规定。

Any and all claims, disputes or controversies arising under or in connection with this Agreement shall be brought solely and exclusively in the courts located in Santa Clara.California, which shall constitute the sole, exclusive and final forum for any resolution of any disputes between the parties.据本协议产生的或与本协议有关的任何和所有索赔、争议或争议应仅在圣克拉拉的法院提起。加利福尼亚州，其应构成解决双方之间任何争议的唯一、排他性和最终论坛。

7. If the purchaser receives a claim from any third party for the infringement, the purchaser shall notify the seller promptly in writing of the claim and give the seller information, assistance and the authority to evaluate, defend and settle such a claim.如果买方收到任何第三方就侵权提出的索赔，买方应立即以书面形式将索赔通知卖方，并向卖方提供信息、协助和评估、辩护和解决该索赔的权力。

8. When, at the end of theyear, the final settlement is made, no re-computation and re-conversion shall be made in respect of income inforeign currencies for which tax hasalready been paid on a quarterly basis. Provided that if the portion of the foreign currency income of the entire year has not been taxed, the taxable income in question shall be computed and convertedinto RMB at the exchange rate quotation on the last day of the tax year.对按季度已缴纳税款的外国货币所得，在年终决算时，不得重新计算并重新换算。但该年度的外汇所得中未征税部分的，应当按照该纳税年度最后一日的外汇牌价折合成人民币计算应纳税所得额。

8、If under the contract the buyer is to specify the form, measurement or other features of the goods and he fails to make such specification either on the date agreed upon or within reasonable time after receipt of a request from the seller, the seller may, without prejudice to an other rights he may have, make the specification himself in accordance with the requirements of the buyer that my be known to him.

如果买方根据合同规定指定货物的形式、尺寸或其他特征，但买方未能在约定日期或收到卖方要求后的合理时间内作出此类规定，卖方可在不损害其可能拥有的其他权利的情况下，根据买方的要求自行制定规范，并告知买方。

9、Where by virtue of this Article, the Subcontractor is required to effect and maintain insurances and / or to allow the Contractor to take out insurances in the Subcontractor's name then at any time until such obligation has been fully performed. the Subcontractor shall produce to the Contractor's satisfactory evidences thereof in the form required by the Contractor (such as copy of cover notes), including evidences that payment of the corresponding premiums have been made, and in the event of his failing to do so, the Contractor may himself effect such insurance and recover the cost of sodoing from the Subcontractor.  如果根据本条规定，分包商被要求投保并维持保险和/或允许承包商以分包商的名义投保，则在任何时候，直至完全履行该等义务。分包商应以承包商要求的形式向承包商提供令人满意的证据(如保单副本)，包括已支付相应保费的证据，如果他未能这样做，承包商可自行投保该等保险，并从分包商处收回投保费用。

第一套试卷(1) Terms of payment : By 100% confirmed, Irrevocable,Transferable and Divisible Letter of Credit to be available by sight draft and to remain valid for negotiation in China until the 15th day after the aforesaid time of shipment.

(2) Quality Discrepancy In case of quality discrepancy .claim should be filed by the buyers within

3 months after the arrival of the goods at port of destination. while of quantity discrepancy, claim should be filed by the Buyers within 15 days after thearrival of the goods at port of destination It is understood that the sellers shall not be liable for any lost of the goods shipped due to causes for which the Insurance Company ,Shipping Company .other transportation organization or PostOffice are liable. 

3  Shipping Documents: The seller shall present the following documents to the bank of China for negotiation of payment:

1. Invoice in triplicate (the invoice shall bear the contract's number);

2. Clean on board Bill of Lading in duplicate:

3.Certificate of quality and weight issued by the China Import & Export Commodity Inspection Bureau each in triplicate:

4. Insurance policy. 

第一套试卷42. (1)付款条件:开立100%保兑的,不可撤销的,可转让的,可分割的即期信用证,并要在上述装船期后15日内在中国议付有效。

2品质数量异议:凡属品质异议,由卖方在货到目的港3个月内索赔;凡属数量异议,由卖方在货到目的港15日内索赔。卖方不对任何由保险公司、轮船公司,其他运输机构或邮局引起的货物异议负责。

(1) 装运单据:买房需提交下列单据给中国银行议付:

1,发票一式三份(发票需提供合同号);

2,清洁提单一式两份;

3·由中国进出口商品检验局出具的质量和重量证书各一式三份;

4·保险单。

第二套试卷

2. Arbitration:

All disputes in connection with this contract or the execution thereof shall be settled by negotiation between the two parties .If no settlement can be reached. the case in dispute shall then be submitted to arbitration in the country of defendant in accordance with the arbitration regulations of the arbitration organization of the defendant country The decision made by the arbitration organization shall be taken as final and binding upon both parties.The arbitration expenses shall be borne by the losing party unless otherwise awarded by the arbitration organization

(2) The Buyers are requested to sign and return one copy of this sales confirmationimmediately after receipt of the same. Objection, if any, should be raised by the Buyers within five days after the receipt of this sales confirmation, in the absence of which it is understood that the Buyers have accepted the terms and conditions of the sales confirmation.

 (1)仲裁:

凡因与本合同有关事项或执行本合同所发的争执应当通过双方协商解决,若不能解决,应当提交被告所在国,依据被告所在国仲裁机构规则进行仲裁,仲裁机构的裁定是最终的,双方均有约束力。除仲裁机构另有裁定外,仲裁费由败诉方承担。

(2)买方收到成交确认书应立即回签一份。如有异议买方必须在收到成交确认书5日内提出,否则视买方已接受成交确认书的条款。

第三套试卷

The contract is entered into between the Sellers who agree to sell and the Buyers who agree to buy the following goods on the terms and conditions as set forth below :

Name of commodity:

Specifications:

Quantity (with3% more or less):

Packing:

Unit price:

Total value:

Shipping Marks:

Time of shipment:

Port of loading and Discharge:

Insurance:

2\Terms of Payment:By Confirmed. Irrevocable and Divisible L/C in favor of xxx, allowing transshipment and partial shipments

The Letter of Credit shall reach the Sellers before---and remain valid at above loading port until the 15th day after the aforesaid time of shipment .If the Buyers fail to open the Letter of Credit in time. the Sellers shall have the right to cancel this sales contract without further notice and /or claim on the Buyers for losses resulting therefrom.

第三套试卷

42.(1)依据以下条款,卖方愿卖,买方愿买下列货物,特立约如下:

(1)商品名称:(2)规格:(3)数量:(4)包装:(5)单价：(6)总值(7)唛头:(8)装运期(9)装卸港:(10)保险:

(2)付款条件:用保兑的,不可撤销的,可转让的,可分割的,以为受益人的即期信用证支付,允许分批装运和转船。信用证须于-前到达卖方,在上述装运港在交货期后15天内有效。若买方未及时开信用证,卖方有权取消此次成交确认书或就因此造成的损失向买方索赔。