購買和約 篇1
購買和約Whole Doc.
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 condi- tions set forth hereinafter as follows:
SECTION 11 Name of Commodity and specification2 Country of Origin & Manufacturer3 Unit Price (packing charges included)4 Quantity5 Total Value6 Packing (seaworthy)7 Insurance (to be covered by the Buyer unless otherwise)8 Time of Shipment9 Port of Loading10 Port of Destinationmark shown as below in addition to the port of destination, package number, gross and net weights, measurements and other marks as the Buyer may require stencilled or marked conspi- cuously 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 shallbe marked conspicuously on each package.
12 Terms of Payment:
One month prior to the time of shipment the Buyer shall open with the Bank 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 accepted 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 come in conflict with terms and conditions herein and shall be binding upon both parties.
FOR THE SELLER
FOR THE BUYERSECTION 214 FOB/FAS TERMS14.1 The shipping space for the contracted goods shall be booked by the Buyer or the Buyer\’s 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 shallundertake 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 become 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.
購買和約 篇2
租 賃 合 同- LEASE CONTRACT
出租人LESSOR： ______________
(以下簡稱甲方Hereafter referred to as “PARTY A”)
電話Tel：______________ 手機Mobile：______________
承租人LESSEE：
(以下簡稱乙方Hereafter referred to as “PARTY B”)
通訊地址Mail Add：
電話Tel： 傳真Fax：
住客姓名The occupants of the premises will be：
甲、乙雙方經協商一致，訂立本契約。契約內容如下：
This lease has been mutual agreed and set up by PARTY A and PARTY B as the following:
1. 出租物業The Premises to be leased are described as follows:
地址Location:
面積Area:
電話Tel: _____條IDD直線, ____ IDD lines
2 租金Rental:
2.1租金每月為 元整， 形式支付
PARTY B shall pay as rent the sum of ; i.e.RMB per month.
2.2租金包括家具和電器的配置(詳見附屬檔案), 供暖費, 物業管理費、水費,電費,+煤氣費、健身卡、衛星收視費。 The Rent includes the Furniture、the Electrical Appliances （see Appendix A）, Heating Fee, Management fee，water fee , electricity fee, gas fee，Fitness card，Satellite TV service fee.
2.3租金應在入住前及此後每月的 號前支付。甲方應在收到租金後向乙方開具正式發票。甲方應每月提前向乙方發出支付租金的書面通知。
The first rental shall be paid before moving in and the following rental shall be paid before the th of each succeeding 1 month’ term. PARTY A shall issue to PARTY B official invoice （Fapiao） upon receiving the rental. Party A shall send prior written notice to Party B for monthly rental payment request.
2.4租金以人民幣支票或轉賬形式支付.
Rental is payable in Ren Min Bi by check or by bank transfer.
2.5 在本租約有效期內，租金不予調整。
Rent will not be modified during the term of this Lease Agreement.
3 押金 Deposit:
3.1乙方須支付相當於兩個月房租的押金（即RMB ）, 以人民幣支票或轉帳形式支付）。甲方應在收到押金後向乙方開具統一收據。
A deposit of two (2) months’ equivalent rental (RMB ) shall be paid by PARTY B in RMB by check or by bank transfer. PARTY A shall issue to PARTY B official receipt upon receiving the deposit.
3.2押金在契約終止後10天內由甲方以相同幣種全額退還給乙方（不計利息）。如果延期返還，則每延期一日，按每日萬分之四支付給乙方利息。
The deposit shall be refundable in full amount in 10 days after the contract expiration, in same currency and excluding interest thereupon. In case PARTY A delays the refund of the deposit, PARTY A shall pay interest to PARTY B at the rate of 0.04% per day of delay.
3.3甲方應按時付清各種帳單。若以上出租房屋及其家具、設備等因乙方原因出現遺失或非正常的損壞，乙方應負責賠償。
PARTY A shall pay off on time all the bills due. In case there is any loss or unusual damage to the furnishings, contents or the rental premises due to PARTY B’ s reason, PARTY B shall compensate for it.
4 租期 Lease term:
乙方租用出租房屋期限為 1 年，即自 年 月 日至 年 月 日。
From 16 July 20xx to 15 July 20xx for one (1) year.
5 出租人的責任 PARTY A’s obligation:
5.1 3甲方聲明及保證甲方為該出租房屋的合法擁有人，有合法地位出租此房屋，並就出租事宜已取得有關方面的批准。
PARTY A assures to be the legal owner of the leased premises, to have the necessary legal capacity to lease it, and PARTY A’ action has been ratified by the authorities concerned.
5.2租賃期內，若甲方出售該出租房屋導致該出租房屋所有權發生轉移,甲方須保證本契約能繼續執行。
In case PARTY A sells the premises during the lease which leads to the premises ownership be transferred, PARTY A shall ensure that the said contract will be implemented continuously.
5.3甲方須按時將清潔狀況良好的出租房屋交付乙方使用，保證在租賃期內出租房屋內的各項設施能正常使用。 PARTY A shall hand over the said premises to PARTY B on time and assure the said premises will be cleaned and in good status during the lease term.
5.4甲方有義務負責出租房屋及設施的正常維護和保養，如房屋或設施非因甲方原因出現故障，甲方應在收到乙方通知後二十四(24)小時內自行或通過其他方式解決故障，否則，乙方有權僱傭第三方進行維修，由甲方承擔所有費用並承擔相關責任。由於不可抗力（如地震、颱風、洪水、非人為的火災等）、自然損耗或乙方以外的原因造成的損壞，亦由甲方承擔有關費用。
PARTY A shall bear the responsibility of the said premises’ normal repairs and maintenance, and pay the cost related. In case the premises or facilities are in bad conditions not due to the reason of PARTY B, PARTY A shall complete the repair work within 24 hours upon receipt of the notice from PARTY B. Otherwise, PARTY B shall have the right to hire any third parties for the repair work at the cost of PARTY A. The cost of repairs to the said premises, if damaged by Force Majeure (such as earthquake, typhoon, flood non-man made fire, etc) reasonable wear and tear or by accidents beyond PARTY B’S control, should also be borne by PARTY A.
5.5租賃期內，在乙方遵守契約及支付租金的前提下，未經乙方允許，甲方不得進入該出租房屋。
During the lease, PARTY A shall not get in the said premises without PARTY B’S permission if PARTY B has been carrying out the contract normally.
5.6甲方應督促管理公司向乙方提供足夠的服務，如冷水、熱水、煤氣,電的供應及各種設備的正常工作。 Party A shall direct Property Management Company to provide sufficient and continuous services to Party B, including provision of cold water, hot water, gas and electricity and ensure proper maintenance of equipment therein.
5.7 房產稅及與租賃有關的所有稅費由甲方承擔。
Premises tax and other leasing related taxes shall be paid by PARTY A.
6 承租方的責任 PARTY B’S obligations:
6.1 乙方申明及保證其在中國擁有合法居留權，並按有關規定辦理必要的居住登記手續。
PARTY B assures to have the legal right of residence in China, and shall complete the residential formalities complying with the local regulations.
6.2 住客應按時支付電話費含上網費、水電煤氣費。
The occupant shall pay the telephone bills and internet fee, extra water electricity gas fee on time.
6.3 乙方只能將出租房屋用做住宅，不得將之用作公司及代表處的註冊地址，亦不可作為公開的.辦公室。 The premises are limited for residential use only by PARTY B, and are prohibited from registering as legal address for any company or agency, or using as public office.
6.4 乙方不得在出租房屋內進行違反法律及政府對出租房屋用途有關規定的行為。
PARTY B shall not carry in the premises any unlawful or illegal activities which are not allowed according to the leasing regulations from the government.
6.5 租賃期內，未經甲方書面同意，乙方不得將出租房屋部分或全部轉租他人。
PARTY B shall not partly or totally sublet the said premises without the written permission from PARTY A.
6.6 若因乙方使用不當或不合理使用，出租房屋及其內的設施出現損壞或發生故障，乙方應及時聯絡管理機構或甲方進行維修，並負責有關維修費用.
The damage of the premises or the fittings that are within the control of PARTY B shall be borne by PARTY B, and PARTY B shall contact the management office or PARTY A instantly.
6.7 租賃期內，乙方對出租房屋進行裝修或增加水、電、消防等設施，須經甲方同意並經有關部門批准，並由甲方執行監理，所需費用由乙方承擔。雙方解約時，乙方不能移走自行添加的結構性設施，甲方亦不必對上述添加設施進行補償。
PARTY B, upon written permission of PARTY A, may make additions or alterations dealing with water,
electricity supply or fire protection, at his own expense, subject to necessary permits or licenses required by the authorities concerned and under the supervision of PARTY A .No structural alterations or additions can be removed from the premises upon the expiration of this contract. No reimbursement for the said additions.
6.8 乙方有權在牆壁上懸掛畫、圖片或其他裝飾性物品。契約履行期限屆滿或提前解約時，甲方應承擔費用拔掉釘子、粉刷牆壁或使牆壁恢復原狀，並承諾不以此為由扣留乙方的押金。
PARTY B is entitled to hang pictures, paintings or other decorative articles on the walls. Upon expiration or early termination of the contract, PARTY A shall bear the cost to remove the nails, repaint the wall or restore the wall to the original state, and PARTY A shall not retain PARTY B’S deposit for the reason of doing things above.
6.9租賃契約期滿的前一個月內，經合理事先書面通知，乙方應允許甲方或其授權人 引領潛在客人參觀在出租房屋。
During the last month of the contract, after reasonable prior written notice to PARTY B, PARTY A or his nominee shall be allowed to show the said premises to the potential clients.
6.10 租賃期滿，若甲，乙雙方未達成續租協定，乙方應於租期屆滿時或之前遷離出租房屋並將鑰匙及清理乾淨的房屋歸還甲方.
PARTY B shall return the premises in a clean condition to PARTY A (except wear and tear) at the expiration of the contract if there is no renewal thereupon.
7 提前解約Early termination:
7.1六(6)個月後，乙方如要退租，應提前一(1)個月書面通知甲方終止本租約。在此情況下，甲方應在本租約終止後十(10)日內將押金全額退還乙方。
After six (6) months, Party B may, upon one (1) month advance written notice to Party A, terminate this
Tenancy Agreement without any liabilities. Under this circumstance, Party A shall return the deposit in full to Party B within ten (10) days after the termination.
7.2 若因自然界的不可抗力，如火災、洪水、颱風、地震、戰爭等意外損害導致出租房屋無法居住，契約即自動終止，甲、乙雙方互不承擔責任。
If the said premises are so damaged by force majeure (fire, flood, typhoon, earthquake, war, and etc) that it’s no longer habitable, the contract shall be terminated automatically. Neither PARTY A nor PARTY B shall bear any responsibility to each other.
8 續租 Renewal:
租賃期滿，乙方有優先續租權，但須提前一個月通知甲方，並安排簽訂續租契約。
PARTY B retains the priority to renew this lease upon expiration , while one-month prior notice to PARTY A is necessary, and PARTY A shall arrange the signature for the renewal contract.
9 爭議的解決 Dispute Resolution:
9.1 本契約適用法律為中華人民共和國相關法律。
The contract is governed by the laws of the People’s Republic of China.
9.2在履行本契約過程中產生的任何爭議由雙方協商解決，協商不成，可向中國國際經濟貿易仲裁委員會(北京)申請仲裁。
In case of any dispute arising out of the performance of this Contract, PARTY A and PARTY B shall consult
together to reach unanimity, otherwise both parties can submit the dispute to the China International Economic and Trade Arbitration Commission (Beijing) for arbitration.
10 其他Others:
10.1本契約以中英文兩種文字擬成，兩種文本同等有效。
The contract is drawn in both Chinese and English versions. Both texts have equal effect.
10.2 本契約一式二份，甲、乙雙方各執一份。
Two copies of the contract will be drawn and remained in the possession of PARTY A & PARTY B. 10.3本契約自簽定之日起生效。
The contract shall come into force on the date of signature.
10.4本契約的附屬檔案是本契約必不可少的組成部分。附屬檔案一列明的物品在甲、乙雙方核實簽字後生效。
The appendix is an indivisible part of this contract. Details listed in appendix 1 shall not come into affect until being checked and signed by both PARTY A and PARTY B.
11 簽章 Signatures and official marks:
甲方 乙方
PARTY A: PARTY B:
授權代表： 授權代表人：
Authorized representative: Authorized representative:
蓋章： 蓋章：
Seal: Seal:
日期 日期
Date : Date :
購買和約 篇3
COMPENSATION TRADE CONTRACT
Contract No.： __________
Date of Signing： _________
Place of Signing： _______
The two Parties：
Party A： ________________________________
Address： ________________________________
Tel：_________________Fax： _______________
E-mail： _________________________________
Party B： ________________________________
Address： _______________________________
Tel：_________________Fax： ________________
E-mail：_________________________________
WITNESSETH
Whereas Party B has machines and equipment, which are now used in Party B's manufacturing of _______, and is willing to sell to Party A the machines and equipment； and
Whereas Party B agrees to buy the products, _______, made by Party A using the machines and equipment Party B supplies, in compensation for the price of the machines and equipment, and
Whereas Party A agrees to purchase from Party B the machines and equipment, and
Whereas Party A agrees to sell to Party B the products, _______, in compensation of the price of Party B's machines and equipment； Now therefore, in consideration of the premises and covenants described hereinafter, Party A and Party B agree a follows：
ARTICLE 1 TRANSACTIONS
A） Party B agrees to provide Party A with _________ machines to be used in production, their auxiliary machinery, accessories and spare parts and a variety of measuring and testing instruments required in the process of production. The details of the models, names, specifications,quantity, prices, packing, delivery , etc. thereof shall be specified in an additional equipment-import agreement to be concluded by and between both parties which shall serve as an component part hereof.
B） The total value of the machines, auxiliary equipment, etc. supplied by part B shall be paid off by Party A with part of the manufactures made therewith and/or other goods, or with（designate name）products made in （Name of the plant）if both parties agree. The specific name（s）, quantity, price, delivery, etc. of the goods granted as the make-up payment shall be decided in an additional compensation goods-supply agreement made by the parties which shall serve as a component part hereof. The equipment-import agreement and compensation-goods-supply agreement aforesaid may be merged as one called sales agreement on compensation trade（See appendix）.
ARTICLE 2 PAYMENT
Both parties agree to open letters of credit in favor of each other, i.e. Party A will open, at regular intervals, long term letters of credit in favor of Party B to pay by installments the total cost of the machines and auxiliary equipment provided by Party B； whereas Party B will open sight letters of credit in favor of Party A to pay the products to be delivered by Party A. Party A shall pay for the total cost of the machines and auxiliary equipment with the money remitted by Party B as reimbursement for the products to be delivered by Party A. In case the sum to be paid by Party B fails to cover the value of the long-term letters of credit opened by Party A, the difference shall be made up by Party B by paying that much to Party A in advance, before the long-term letters of credit are due, to enable Party A to reimburse on time the long-term letters of credit it opens. The payment of the long-term letters of credit opened by Party A is based on Party B's opening a sight letter of credit under the provisions and on its paying the advance required herein. Thus, Party B warrants, guarantees and covenants that it will open the letters of credit and pay the advance as provided herein.
ARTICLE 3 REIMBURSEMENT
Party A shall reimburse Party B for all the machines and auxiliary equipment supplied by Party B by delivering goods to Party B on a monthly basis and the reimbursement will last for___ year（s） and ____months（s）. The reimbursement shall start approximately ____month（s） after the first delivery of the machines and, in principle, the money to be reimbursed per month shall be ______percent of the total amount due for the machines. With a ______month（s） notice to Party B, Party A may reimburse Party B in advance.
Within the reimbursement period, Party B shall, under the provisions of the additional sales agreement aforesaid, open, sight, irrevocable, divisible and assignable letters of credit, covering the full amount, in favor of Party A.
ARTICLE 4 STANDARD MONEY AND PRICE STANDARD
The standard money for this transaction is （Name of currency）. All the machinery, auxiliary equipment and measuring and testing instruments , etc. provided by Party B shall be valued with （Name of currency）, while the goods provided by Party A to Party B as reimbursement shall be valued with the basis price （Name of currency） of the same goods exported by Party A at the time when this agreement is entered into, and the total price （Name of currency） shall be changed into that of （Name of currency） in accordance with the exchange rate then.
ARTICLE 5 INTREREST
Party A shall pay the interest on its long-term letters of credit and the interest on the cash in advance rendered by Party B. The annual interest rate is agreed upon at_____%.
ARTICLE 6 TECHNICAL SERVICE
The machinery, after arrival at its destination, shall be installed by Party A, Party B shall dispatch its technicians to render spot instructions and other necessary technical assistance during the installation of the main machines, as may be requested by Party A in case of necessity, Party B shall be liable for the losses resulted in such a course of installation from technical default on its part.
ARTICLE 7 ADDITIONAL EQUIPMENT
During the enforcement of this agreement, if it is found necessary that, in addition to the machinery and equipment listed herein, some new accessories or measuring and testing instruments are needed for completion of the project, （an） additional order（s） may be made through negotiation by the parties. The new items thus added shall be incorporated in agreement.
ARTICLE 8 INSURANCE
The machinery and auxiliary equipment, after shipment, shall be insured by Party B. The title thereof shall be transferred into Party B after full payment therefore is made by Party B, thereafter, the unforeseeable losses concerning the machinery and auxiliary equipment shall be indemnified for first by the Insurance Company to Party B, then Party B shall remit for Party A,in proportion, the sum already paid by Party A for the machinery or equipment involved in the contingency.
ARTICLE 9 LIABILITY FOR BREACH OF AGREEMENT
Party B shall , if it fails to comply with this agreement to make purchase of the goods delivered by Party A as reimbursement, or Party A shall, if it fails to comply with this agreement to deliver the goods it is due to provide, be deemed liable for a breach of agreement and shall compensate the non-breaching Party for the loss caused thereupon and shall pay the non-breaching Party a fine accounting for % of the total value of the goods in question.
ARTICLE 10 PERFORMANCE GUARANTEE
To guarantee the implementation of this agreement, each party shall submit to the other party a letter of guarantee issued by its bank respectively. The guaranteeing bank of Party A is ______ Bank, ______, while the guaranteeing bank of Party B is ______Bank, ______.
ARTICLE 11 AMENDMNET
The modification of this agreement in particular cases shall be agreed upon by both parties through negotiations.
ARTICLE 12 Force Majeure
In case that one or both parties are impossible to perform the duties provided herein on account of force majeure, the party （or parties） in contingency shall inform the other party （or each other） of the case immediately and may, provided the case is duly verified by the competent authorities, delay in performance of or not perform the relevant duties hereunder the be partially or entirely exempted from the liability for breach of this agreement.
ARTICLE 13 ARBITRATION
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 which shall be conducted 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.
Notwithstanding any reference to arbitration, both Parties shall continue to perform their respective obligations under the Contract unless otherwise agreed.
ARTICLE LANGUAGE AND EFFECTIVE DATE
There are two originals hereof made respectively in Chinese and ______, both of which are of the same effect.
This agreement shall come into effect on the date when both parties set their hands hereunto and remain effective for_____ years. Upon its expiration, the parties may, if they choose, extend the term hereof for _____years or execute a new cooperation agreement, provided they apply to and approved by the Authority agencies concerned.
Party A Party B
Representative of___ Representative of____
（Authorized Signature）___ （Authorized Signature）