注释:
1. specify 意思是“具体说明,具体规定”,是英语合同的常用词语,如: The quantities, prices and shipments of the commodities stated in this Agreement shall be confirmed in each transaction, the particulars of which are to be specified in the Sales Confirmation signed by the two parties hereto. 本协议所规定商品的数量、价格及装运条件等,应在每笔交易中确认,其细目应在双方签订的销售协议书中作出规定。
2. upon 加名词短语在英语合同中,通常表示“一……就……”,与as soon as 用法相近,有的用 on sth 或on doing sth 代提 upon,来表示“一……就……”。
例如:
Upon award of this contract, this letter and attachments will be bound into the contract documents as“Contract Correspondence”. 合同一旦签订,该信函及联合附件均将作为合同信函,受合同约束。
Upon the expiration of the Contract, once Party Bs fulfillment of the specified amount, Party A shall pay to Party B 10% commission on the basis of the aggregate amount of the invoice value against the shipments effected. 在本合同期满时,若乙方完成了规定的数额,甲方应按装运货物所收到的发票累计总金额付给乙方10%的佣金。
3. two originals 意为“正本两份”,这里original 指的是“正本,原件”,而copy或copies 指的是“副本,复印件”,originals of the contract合同正本, copies of the contract合同副本。
合同中一式几份,我们还可以说:
in duplicate 一式两份
in quadruplicate 一式四份
in quintuplicate 一式五份
in sextuplicate 一式六份
in septuplicate 一式七份
in octuplicate 一式八份
in nonuplicate 一式九份
in decuplicate 一式十份
译文:
代理合同
合同号:ZXLT-20130609
日期:2013年6月9日
供货商(以下简称“甲方”):AD公司
代理(以下简称“乙方”):XY公司
为在平等互利和诚实守信的基础上进行合作,有关方按下列条款签订本合同:
1.订约人
甲方委托乙方为销售代理人,推销下列商品。
2.商品名称及数量
双方约定,乙方在协议有效期内,销售不少于1万吨商品。
3.订单的确认
本协议所规定商品的数量、价格及装运条件等,应在每笔交易中确认,其细目应在双方签订的销售协议书中作出规定。
4.佣金
在本合同期满时,若乙方完成了规定的数额,甲方应按装运货物所收到的发票累计总金额付给乙方10%的佣金。
5.付款
订单确认之后,乙方须按照有关销售确认书所规定的时间开立以甲方为受益人的保兑的、不可撤销的即期信用证。乙方开出信用证后,应立即通知甲方,以便甲方准备交货。
6.合同有效期
本协议经双方签字后生效,有效期为1年,自2013年6月12日至2014年6月12日。若一方希望延长本合同,则须在本协议期满前1个月书面通知另一方,经双方协商决定。若协议一方未履行协议条款,另一方有权终止协议。
7.仲裁
凡有关执行合同所发生的一切争议应通过友好协商解决,如协商不能解决,则将分歧提交中国国际贸易促进委员会按有关仲裁程序进行仲裁,仲裁将是终局的,双方均受其约束,仲裁费用由败诉方承担。
本协议于2013年6月9日在北京签订,正本两份,甲乙双方各执一份。
供应商:
签字:
代理商:
签字:
4.9包销协议
Exclusive Distribute Agreement
Through the friendly negotiation of both parties, Party A agrees to appoint_________to sell Party As products as the exclusive distributors in_________. In order to make the rights and obligations of both parties clear, parties conclude this agreement specially.
Parties to this contract are as follows:
Co., Ltd (hereinafter referred to as Party A)
Address:
Tel:
Fax:
Email:
company (hereinafter referred to as Party B)
Address:
Tel:
Fax:
Email:
Article 1 Relation between both parties:
During the period of validity, the relation between Party A and
company is purely the relation between the buyer and the seller.
This agreement doesnt bring the attorneyship, either party cant act on behalf of another party to the third party, if it therefrom causes losses to the other party, the party going beyond his purview must undertake the legal responsibility and compensate the losses.
Article 2 Products
Products referred in this agreement are toys, stationery and other products Party A manufactures.
Article 3 Distribution right
Party A gives_________company exclusive right to import and sell his products in the range of_________.
Article 4 Exclusive right
Except for_________company, Party A cant appoint other company as his distributor and agent in the range of__________________.
Article 5 Prices
Party A must offer the most favourable prices to Party B. The most favourable prices must be lower than normal trading prices.
Article 6 Trade method
A contract should be signed on every business between both parties; both parties should subject to every contract.
Article 7 Responsibility of the Seller
1. Offer new products samples to Party B at his own expense; each sample is 1 to 2 pcs.
2. Agree that Party B introduces Party As website to the customer when promoting business and shows his identity of exclusive distributor.
3. During the validity period of agreement: If Party A gets register of licensed products, or brand name or other business symbol, party A must offer to Party B immediately.
4. Party A should transfer the new customers who want to establish business relationship with Party A in the range of to Party B.
5. Offer suggestion and materials contributing to promoting the sales of products constantly.
Article 8 Responsibility of distributor
1. Maintain organizations with management ability at his own expense and promote the sales of products for Party A practically.
2. Participate in some fairs or make advertise material such as website, product catalog in order to promote Party As products at his own expense.
3. During the validity of this agreement, business amount of USD_______________each month in the first year must be reached and it will increase progressively 20% every year afterwards.
4. Party A offers a bank which is approved by Party A as settlement bank.
5. Cant purchase or sell similar products of other companies.
6. Offer related domestic business information to Party A constantly.
Article 9 Validity Period
This agreement comes into force since_________, the term of validity is_________years. If the two Parties cant agree to resign this agreement three months before the expiration of this agreement, then this agreement will be invalid when it expires and the two parties will not restricted by it any more.
Article 10 Breach of contract
If a noncompliance has taken place to either party of this agreement, the other party should inform the party to correct by written. If delinquent party does not correct its noncompliance yet within three months after the notice, then another party has the right to discontinue this agreement.